Number 3 of 1943.
SAINT LAURENCE'S HOSPITAL ACT, 1943.
ARRANGEMENT OF SECTIONS
Preliminary and General.
Section | |
The Board of Governors of Saint Laurence's Hospital.
Establishment, Constitution and, Membership of the Board.
Proceedings of the Board.
Officers and Servants of the Board.
Restriction on exercise of powers in relation to officers and servants. | |
Pensions and gratuities to or in respect of officers and servants of the Board. |
Financial Provisions.
Miscellaneous Provisions.
Prima facie evidence of meetings, resolutions and instruments. |
Acquisition by the Minister of Land for the New Hospital.
Saint Laurence's Hospital.
Submission of a scheme for the erection, etc., of the new hospital. | |
Dissolution of Existing Governing Body, and Transfer of Property, Liabilities, etc., of Existing Governing Body.
Provisions in relation to lands occupied for the purposes of the existing hospitals. | |
Transfer of officers and servants of the existing governing body. | |
Transitory Provisions in Relation to the Existing Hospitals.
Acts Referred to | |
No. 22 of 1925 | |
No. 18 of 1933 | |
Number 3 of 1943.
SAINT LAURENCE'S HOSPITAL ACT, 1943.
PART I.
Preliminary and General.
Short Title.
1.—This Act may be cited as the Saint Laurence's Hospital Act, 1943.
Definitions.
2.—In this Act—
the expression “the Minister” means the Minister for Local Government and Public Health;
the expression “the Act of 1856” means the Dublin Hospitals Regulation Act (19 and 20 Vic., c. 110);
the expression “the existing hospitals” means the hospitals in the City of Dublin which are referred to in the Act of 1856 as the House of Industry Hospitals;
the expression “the existing governing body” means the board of governors of the existing hospitals established under the Act of 1856;
the expression “paid officer” means an officer who is, by the terms of his appointment, entitled to be paid remuneration by the body whose officer he is;
the expression “the new hospital” means the hospital to be erected and established under this Act.
“The first appointed day” and “the second appointed day”.
3.—(1) The Minister shall by order appoint a day to be the first appointed day for the purposes of this Act and references in this Act to the first appointed day shall be construed as references to the day so appointed.
(2) When the new hospital has been erected and equipped and is, in the opinion of the Minister, ready for the reception of patients, he shall by order appoint a day to be the second appointed day for the purposes of this Act and references in this Act to the second appointed day shall be construed as references to the day so appointed.
Expenses of the Minister generally.
4.—The expenses incurred by the Minister in the administration of this Act, except such expenses as are required by this Act to be paid to the Minister by the Hospitals Trust Board, shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART II.
The Board of Governors of Saint Laurence's Hospital.
Establishment, Constitution and Membership of the Board.
Establishment of the Board.
5.—(1) There shall be established on the first appointed day a board (in this Act referred to as the Board) to be styled and known as “The Board of Governors of Saint Laurence's Hospital” to fulfil the functions assigned to it by this Act.
(2) The Board shall be a body corporate with perpetual succession and an official seal (which shall be judicially noticed) and power to sue and be sued in its corporate name and to hold land.
(3) Subject to any order made by the Minister under sub-section (4) of this section, the Board shall consist of a number of members equal to the number of members of the existing governing body immediately before the first appointed day.
(4) The Minister may at any time after the first appointed day from time to time by order alter the constitution of the Board in such manner as he thinks fit and any such order may contain such ancillary provisions as the Minister thinks expedient for the purposes of the order.
(5) Every order made under sub-section (4) of this section shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made and if a resolution annulling such order is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat after such order is so laid before it such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.
Provisions in relation to membership of the Board.
6.—(1) Each person who is, immediately before the first appointed day, a member of the existing governing body shall on the first appointed day become and be, by virtue of this sub-section, a member of the Board.
(2) Subject to the provisions of any order of the Minister altering the constitution of the Board every member of the Board shall hold office until he dies, resigns or is removed from office.
(3) A member of the Board may at any time resign his office by sending to the Minister a letter tendering his resignation, and his resignation shall take effect as on and from the date of the reception of such letter by the Minister.
(4) The Minister may at any time by order remove from office all or any of the members of the Board.
(5) Whenever a member of the Board dies, resigns or is removed from office, the Minister may, if he sees fit, appoint a person to fill the vacancy.
Proceedings of the Board.
Meetings.
7.—(1) The Board shall hold its first meeting on such day, at such time and in such place as the Minister may appoint.
(2) The Board shall in every year commencing after the holding of its first meeting hold a meeting (in this Act referred to as an annual meeting) on such date as the Minister may appoint.
(3) Subject to the provisions of this section, the Board shall hold such and so many meetings as may be necessary for the due execution of its duties.
Chairman and vice-chairman.
8.—(1) The Board shall, at its first meeting and also at every annual meeting, elect one of its members to be chairman of the Board and another of its members to be vice-chairman of the Board.
(2) Every person elected to be chairman or vice-chairman of the Board shall, unless he sooner dies, resigns or becomes disqualified, hold office as chairman or vice-chairman until his successor is elected.
(3) Whenever the office of chairman or vice-chairman becomes vacant through the death, resignation, or disqualification of the chairman or vice-chairman, the Board shall at the next meeting after such vacancy has taken place elect one of its members to be chairman or vice-chairman.
(4) The chairman or vice-chairman of the Board may at any time resign his office as chairman or vice-chairman by letter addressed to the Board, and every such resignation shall take effect at the commencement of the meeting of the Board held next after the receipt of such resignation by the Board.
(5) Whenever the chairman or the vice-chairman of the Board ceases during his term of office as such chairman or vice-chairman to be a member of the Board he shall be disqualified from being and shall forthwith cease to be such chairman or vice-chairman.
(6) Whenever, at the election of chairman of the Board, there is an equality of votes for two or more persons, one of these persons shall be elected by lot.
Procedure at meetings.
9.—(1) The quorum for a meeting of the Board shall be three.
(2) At a meeting of the Board—
(a) the chairman of the Board shall, if he is present, be chairman of the meeting;
(b) if and so long as the chairman of the Board is not present or if the office of chairman is vacant, the vice-chairman of the Board shall, if and so long as he is present, be chairman of the meeting;
(c) if and so long as the chairman of the Board is not present or if the office of chairman is vacant and the vice-chairman is not present or the office of vice-chairman is vacant, the members of the Board who are present shall choose one of their number to be chairman of the meeting.
(3) Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question, and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote save where the question is the election of the chairman.
(4) The Board may act notwithstanding one or more vacancies amongst its members.
(5) Subject to the provisions of this Act, the Board shall regulate, by standing orders or otherwise, the procedure and business of the Board.
Seal of the Board.
10.—(1) The Board shall immediately upon its establishment provide itself with a seal.
(2) The seal of the Board shall be authenticated by the signature of the chairman of the Board or some other member thereof duly authorised by the Board to act in that behalf and the signature of an officer of the Board duly authorised by the Board to act in that behalf.
Officers and Servants of the Board.
Restriction on exercise of powers in relation to officers and servants.
11.—(1) Subject to the provisions of this section, the Board shall not, without the consent of the Minister—
(a) exercise, in relation to any office or employment under the Board, the powers conferred on the Board by sub-section (1) of section 12 (which relates to officers and servants) of this Act, or
(b) exercise, in relation to any person for the time being holding any office or employment under the Board, the powers conferred on the Board by any of the following provisions of this Act, namely, sub-section (2) of section 12, section 13 (which relates to removal from office of officers and dismissal of servants) and sub-section (4) of section 38 (which relates to transfer of officers and servants of the existing governing body).
(2) The Minister may, whenever and so often as he thinks fit, by order declare, in relation to any office or employment under the Board, that the powers conferred on the Board by sub-section (1) of section 12 of this Act may be exercised by the Board without the consent of the Minister, and whenever any order is made under this sub-section and is in force, the said powers may, in relation to the office or employment specified in such order, be exercised without such consent.
(3) The Minister may, whenever and so often as he thinks fit, by order declare that the powers conferred by any one or more of the following provisions of this Act, namely, sub-section (2) of section 12, section 13, and sub-section (4) of section 38, may, as respects any person who is for the time being the holder of any specified office or employment under the Board, be exercised without the consent of the Minister, and whenever any order is made under this sub-section and is in force, the powers conferred on the Board by such of the said provisions as may be specified in such order may, in relation to any person who is for the time being the holder of the office or employment specified in such order, be exercised without such consent.
(4) The Minister may at any time by order revoke any order made under sub-section (2) or sub-section (3) of this section.
Officers and servants.
12.—(1) The Board may appoint such and so many officers and employ such and so many servants as the Board may from time to time think proper.
(2) The Board may pay and make to any officer or servant of the Board such remuneration and allowances as the Board may from time to time fix.
(3) Every officer and servant of the Board shall perform such duties as the Board may from time to time assign to such officer or servant.
Removal from office of officers and dismissal of servants.
13.—The Board may remove from office any officer of the Board or dismiss any servant of the Board.
Pensions and gratuities to or in respect of officers and servants of the Board.
14.—(1) The Board shall, as soon as conveniently may be, prepare and submit to the Minister a scheme (in this section referred to as a pension scheme) with the object of providing pensions and gratuities for or in respect of paid officers and servants of the Board and (subject to confirmation thereof by the Minister) carry such scheme into execution.
(2) The amount of any pension or gratuity provided under a pension scheme shall be calculated by reference, in addition to such other matters as may be prescribed by such pension scheme, to service under the Board.
(3) A pension scheme—
(a) shall provide that, in the case of a person (in this sub-section referred to as a transferred officer or servant) who, having been an officer or servant of the existing governing body, becomes by virtue of this Act an officer or servant of the Board, service under the existing governing body shall be reckoned, for the purpose of such scheme, as service under the Board;
(b) shall provide for the payment to or in respect of officers and servants of the Board to whom such scheme applies of pensions and gratuities at such times and subject to such conditions and restrictions as may be prescribed by such scheme, and for the calculation of the amounts of such pensions and gratuities;
(c) may provide for the application of such scheme to any transferred officer or servant who has ceased to be an officer or servant of the Board before the date on which such scheme comes into operation;
(d) may provide for the payment of contributions towards the financing of such scheme by officers and servants of the Board to whom such scheme applies.
(4) The Board may at any time by a subsequent pension scheme (in this and the next following sub-section referred to as an amending scheme) amend a pension scheme or a previous amending scheme, and any such amending scheme may be expressed to operate retrospectively.
(5) An amending scheme shall not be so framed as to terminate or reduce any pension which was, immediately before the coming into force of such an amending scheme, payable under the scheme thereby amended.
(6) A scheme under this section shall not come into force unless and until it has been confirmed by order of the Minister.
(7) An order of the Minister confirming a scheme under this section shall appoint the date on which such scheme is to come into force and as on and from the date so appointed such scheme shall have statutory effect.
(8) If any question arises under a scheme under this section, such question shall be referred to the Minister whose decision shall be final.
Financial Provisions.
Accounts.
15.—(1) The Board shall cause to be kept proper accounts of all income and expenditure of the Board, and of the sources of such income and the subject matter of such expenditure, and of the property, credits and liabilities of the Board.
(2) The financial year of the Board shall be the calendar year, and for the purposes of this provision the period commencing on the first appointed day and ending on the next following 31st day of December shall be deemed to be a calendar year.
(3) The statement of accounts of the Board for each financial year shall, as soon as may be after the end of such financial year, be prepared and after such preparation be audited by and be subject to a report by a duly qualified accountant appointed annually by the Board.
(4) Upon completion of an audit under this section a copy of the balance sheet and profit and loss account as certified by the auditor and a copy of the auditor's report shall be sent by the Board to the Minister.
Investment of funds.
16.—(1) Any funds in the hands of the Board may be invested by the Board in trustee securities.
(2) Where any securities become under this Act or otherwise vested in the Board, such securities may be retained and held by the Board notwithstanding that such securities are not trustee securities.
(3) The Board may from time to time vary or transpose any moneys held by it in the form of investments into other investments which are trustee securities and may at any time sell and convert into money all or any investments held by it.
(4) In this section the expression “trustee securities” means securities in which trustees are by the law for the time being in force authorised to invest trust funds.
Borrowing by the Board.
17.—The Board may, for purposes of defraying any expenses incurred or to be incurred by it for the purposes of its powers and duties, borrow by means of bank overdraft or otherwise and may secure any moneys so borrowed and interest thereon by a mortgage or charge on any property of the Board.
Miscellaneous Provisions.
Contracts.
18.—The Board may make all such contracts as may be necessary for the purposes of its functions under this Act.
Acceptance of endowments.
19.—The Board shall have power to accept any real or personal property as an endowment generally or upon trust for any purposes connected with the new hospital.
Prima facie evidence of meetings, resolutions and instruments.
20.—(1) All minutes of the proceedings at a meeting of the Board which purport to be signed by the chairman of such meeting or by the chairman of the next subsequent meeting of the Board shall (without proof of the signature of the person by whom such minutes purport to be signed or that such person was in fact the chairman of the meeting at which such minutes purport to have been signed) be received in all legal proceedings as prima facie evidence of the proceedings at the meeting to which such minutes relate and as prima facie evidence that such meeting was duly convened and held and that the proceedings thereat were duly transacted according to law.
(2) A copy of a resolution passed or an instrument made at a meeting of the Board which purports to be certified by an officer of the Board authorised by the Board in that behalf, to be a true copy of such resolution or instrument shall be received in all legal proceedings as prima facie evidence of the passing of such resolution or the making of such instrument (as the case may be) and of the terms thereof without proof of the signature of the person by whom such copy purports to be so certified or that he was in fact an officer of the Board so authorised.
In this sub-section the word “instrument” means any instrument in writing.
PART III.
Acquisition by the Minister of Land for the New Hospital.
Acquisition of land for the new hospital.
21.—(1) The Minister may, for the purpose of providing a site for the new hospital, acquire, either by agreement or compulsorily, land in or near the City of Dublin.
(2) The Minister may, for the purpose of facilitating the extension, enlargement, or the improvement of the amenities of the new hospital, from time to time acquire land either compulsorily or by agreement.
(3) Subject to the provisions of this Act, all land acquired by the Minister under this section shall be held by the Minister in trust for and to the use of the new hospital.
Compulsory acquisition of land by the Minister.
22.—(1) If and whenever the Minister thinks proper to acquire compulsorily any land under this Part of this Act, the Minister may, by order, declare his intention so to acquire such land, and every such order shall operate to confer on the Minister full power to acquire compulsorily the land mentioned therein under and in accordance with this section.
(2) Before making an order under this section, the Minister—
(a) shall deposit and keep open for inspection at some suitable place (public notice of which shall be given) such plans, specifications, and other documents as will show fully and clearly the land intended to be acquired by virtue of the order, and
(b) shall give notice, in such manner as he may consider best adapted for informing persons likely to be affected by the order, of his intention to consider the making thereof and of the manner in which representations and objections in respect of the order may be made, and
(c) shall, if he considers it expedient so to do, cause a public inquiry to be held in regard to the making of the order.
(3) An order made under this section may incorporate—
(a) the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925), and
(b) the Lands Clauses Acts so far as the same are not inconsistent with the said Acquisition of Land (Assessment of Compensation) Act, 1919.
(4) Nothing in this section shall authorise the Minister to acquire compulsorily under this section any land which at the date of the first publication of notice of the intention of the Minister to consider the making of an order in that behalf belongs to any railway, electricity, gas, or water undertaker and is used or authorised to be used by such undertaker for the purpose of his undertaking.
(5) The following provisions shall have effect in relation to any public inquiry held under this section—
(a) the Minister shall appoint a fit and proper person to hold such inquiry;
(b) such person is hereby authorised to administer oaths to persons appearing as witnesses at such inquiry;
(c) any person interested in the subject matter of such inquiry shall be entitled to appear thereat personally or by counsel or solicitor and to adduce evidence.
Disposal of surplus land.
23.—(1) The Minister may at any time dispose in such manner as he shall think proper of any land acquired by him under this Part of this Act which appears to him to be no longer required for the purposes of the new hospital.
(2) All moneys received by the Minister in respect of the disposal of land under this section shall be paid by the Minister to the Hospitals Trust Board and shall form part of the Hospitals Trust Fund.
Expenses of the Minister under Part III.
24.—(1) The Minister may by order direct the Hospitals Trust Board to pay to him out of the Hospitals Trust Fund any moneys required by him for the purposes of defraying any expenses incurred by him under this Part of this Act.
(2) Whenever the Minister under this section directs the Hospitals Trust Board to pay to him any moneys, the Hospitals Trust Board shall pay such moneys to the Minister, and the Minister shall use such moneys for defraying expenses incurred by him under this Part of this Act.
(3) Any moneys paid to the Minister under this section which are not required for the purposes of defraying any expenses incurred by him under this Part of this Act shall be repaid by the Minister to the Hospitals Trust Board for the Hospitals Trust Fund.
PART IV.
Saint Laurence's Hospital.
Submission of a scheme for the erection, etc., of the new hospital.
25.—As soon as the Minister has acquired under this Act a site for the new hospital he shall inform the Board accordingly, and the Board shall, with all convenient speed, prepare and submit to the Minister a scheme for the erection and equipment of a new hospital (including accommodation for the staff thereof) on the site so acquired, setting out the plans and specifications and the estimated cost of carrying out the scheme and any other relevant matters.
Procedure after submission of a scheme.
26.—(1) Where a scheme is submitted under the next preceding section by the Board to the Minister for his approval, the Minister may by order either (as he shall think proper) approve of such scheme without modification, or modify such scheme in such manner (whether by addition, omission, or variation) as he shall think proper and approve of such scheme as so modified, or require a new scheme to be made and submitted to him by the Board.
(2) Where the Minister requires under this section a new scheme to be made and submitted to him by the Board it shall be the duty of the Board to make with all convenient speed a new scheme accordingly and to submit such new scheme to the Minister for his approval and the provisions of this Act shall have effect as if such new scheme were the first scheme made and submitted by the Board under this section.
(3) In this Act the expression “the scheme” means the scheme approved by the Minister under this section.
Modification of the scheme after approval.
27.—At any time after the scheme has been approved by the Minister, the Minister may by order modify the scheme in such manner (whether by addition, omission or variation) as he shall think proper, and, from and after the making of an order under this section modifying the scheme, the scheme shall have effect as if it had been so modified at the time of its approval by the Minister.
Erection and equipment of the new hospital.
28.—(1) After the scheme has been approved by the Minister the Board shall proceed to erect and equip, with all convenient speed, a hospital (in this Act referred to as the new hospital) to be called Ospidéal Lorcáin Naomhtha, or, in the English language, Saint Laurence's Hospital.
(2) In the erection and equipment of the new hospital the Board shall comply with the provisions of the scheme.
Expenses of scheme and of erection, etc., of new hospital.
29.—(1) The Board shall out of the property transferred to it by section 35 (which relates to transfer of property of existing governing body) of this Act appropriate a sum equal to the following, namely, the amount of any moneys paid to the existing governing body under the Public Charitable Hospitals Acts, 1930 to 1932, together with any accumulation on such moneys, less any part thereof actually expended by the existing governing body before the date of the passing of this Act, and the sum so appropriated shall be applied by the Board towards defraying expenses incurred by the Board in the preparation of the scheme and in the erection and equipment of the new hospital and for no other purpose.
(2) The Minister shall, under section 25 of the Public Hospitals Act, 1933 (No. 18 of 1933), make from time to time to the Board, out of the Hospitals Trust Fund, grants of a total amount equal to the amount of any expenses which have, in the opinion of the Minister, been reasonably incurred by the Board in the preparation of the scheme and in the erection and equipment of the new hospital in accordance with the scheme, after deducting the sum appropriated under sub-section (1) of this section.
Management and control of the new hospital.
30.—The new hospital shall be controlled and managed by the Board, and the Board shall, subject to the provisions of this Act, do all such things as may be necessary for that purpose.
Extensions, etc, of the new hospital.
31.—The Board may, with the consent of the Minister, extend, alter, enlarge or otherwise improve the new hospital.
General powers in relation to management.
32.—(1) Subject to the provisions of this Act the Board may, in relation to the new hospital, do all such things as the governing body of a hospital are usually authorised to do in relation to a hospital controlled by such governing body.
(2) The Board may, without prejudice to the generality of any other powers conferred on it by this Act, do all or any of the following things, that is to say:—
(a) in any case where the relatives of a patient dying in the new hospital are not known, or by reason of their absence or poverty or otherwise, are unable to provide for the burial of such deceased patient, defray all necessary and proper expenses incurred in the burial of such deceased patient;
(b) disinfect the clothing and effects of patients and in respect of any damage caused thereby pay or make compensation;
(c) where clothing is necessary for the proper treatment or protection of a patient and such patient is unable by reason of poverty to provide such clothing, provide such clothing.
PART V.
Dissolution of Existing Governing Body, and Transfer of Property, Liabilities, etc., of Existing Governing Body.
Definitions for purposes of Part V.
33.—(1) In this Part of this Act—
the expression “the Commissioners” means the Commissioners of Public Works in Ireland;
the expression “the trust lands” means any lands, tenements or hereditaments which are, by virtue of section 3 of the Act of 1856, immediately before the first appointed day, vested in the Commissioners in trust for and to the use of the existing hospitals;
the expression “the existing governing body's lands” means any lands, tenements, or hereditaments (other than the trust lands) which are, immediately before the first appointed day, vested in, or the property of, or held in trust for, the existing governing body.
(2) A certificate under the seal of the Minister that any particular lands, tenements or hereditaments (other than the trust lands) were immediately before the first appointed day vested in, or the property of, or held in trust for, the existing governing body shall be conclusive evidence of the facts so certified.
Dissolution of the existing governing body.
34.—On the first appointed day the existing governing body shall by virtue of this section be dissolved and cease to exist, and the provisions of the Act of 1856 shall cease to have effect in relation to the existing governing body and the existing hospitals.
Transfer of property of existing governing body.
35.—(1) Subject to the provisions of this section, all property whether real or personal (including choses-in-aetion) which immediately before the first appointed day is vested in or belongs to or is held in trust for the existing governing body and all rights, powers, and privileges relating to or connected with any such property shall, on the first appointed day and without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become and be vested in or the property of or held in trust for (as the case may require) the Board for all the estate, term or interest for which the same immediately before the first appointed day was vested in or belonged to or was held in trust for the existing governing body.
(2) All property transferred by this section which, immediately before the first appointed day, is standing in the books of any bank or is registered in the books of any bank, corporation, or company in the name of the existing governing body shall upon the request of the Board, made on or at any time after the first appointed day, be transferred in such books by such bank, corporation, or company into the name of the Board.
(3) On and after the first appointed day, every chose-in-action transferred by this section from the existing governing body may be sued upon, recovered, or enforced by the Board in its own name and it shall not be necessary for the Board to give notice to the person bound by such chose-in-action of the transfer effected by this section.
(4) This section shall not have effect in relation to the trust lands or the existing governing body's lands.
(5) Where any property transferred to the Board by this section was immediately before the first appointed day held upon trust for the endowment of a bed or a medical prize or medal fund or upon other special trusts, such property shall—
(a) until the second appointed day, be held by the Board upon the trusts which immediately before the first appointed day affected it;
(b) on and after the second appointed day, be held by the Board upon such trusts as may be declared by the Board of and concerning the same, and the trusts so to be declared shall be such as, in the opinion of the Board, correspond so far as the circumstances allow, to the trusts which immediately before the first appointed day affected such property.
(6) If any question arises under sub-section (5) of this section such question shall be referred to the Minister whose decision shall be final.
Provisions in relation to lands occupied for the purposes of the existing hospitals.
36.—(1) The following provisions shall have effect in relation to the trust lands, that is to say:—
(a) on the first appointed day the trust lands shall, by virtue of this sub-section and without any conveyance or assignment, become and be vested in the Minister for all the estate, term or interest for which the same were, immediately before the first appointed day, vested in the Commissioners;
(b) on the first appointed day the trusts upon which the trust lands were held by the Commissioners immediately before the first appointed day shall cease and determine.
(2) On the first appointed day the existing governing body's lands shall, by virtue of this sub-section and without any conveyance or assignment, become and be vested in the Minister for all the estate, ter or interest for which the same were, immediately before the first appointed day, vested in, or the property of, or held in trust for, the existing governing body.
(3) At any time after the first appointed day the Minister may dispose of the lands vested in him by this section or any part of those lands in such one of the following ways as the Minister thinks proper, that is to say:—
(a) by sale at the best price that can, in the opinion of the Minister, be obtained;
(b) by transfer (with or without payment) to a particular local authority for the purposes of any of the powers and duties of such local authority.
(4) On and after the first appointed day the Minister shall hold so much of the lands vested in him by this section as has not been disposed of by him under this section in trust for the Board.
(5) Any moneys received by the Minister from the disposal of lands by him under this section shall, after defraying all costs and expenses incurred by the Minister in relation to such disposal, be paid by him to the Hospitals Trust Board and shall form part of the Hospitals Trust Fund.
Transfer of liabilities of the existing governing body.
37.—(1) Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the first appointed day is owing and unpaid or has been incurred and is undischarged by the existing governing body shall, on the first appointed day, become and be the debt or liability of the Board and shall be paid or discharged by and may be recovered from or enforced against the Board accordingly.
(2) In this section the expression “liability” includes any annuity by way of superannuation granted, under section 9 of the Act of 1856, to an officer or servant, within the meaning of the Act of 1856, of the existing hospitals.
Transfer of officers and servants of the existing governing body.
38.—(1) Every person (in this section referred to as a transferred person) who, on the day before the first appointed day, is a paid officer or servant of the existing governing body shall, on the first appointed day and subject to the provisions of this section, be transferred to and be and become an officer or servant of the Board.
(2) Every transferred person shall perform in the employment of the Board duties analogous to those performed by him in the employment of the existing governing body before his transfer, but the Board may (subject to the restriction that no transferred person shall be required to perform duties which are not analogous to those performed by him in the employment of the existing governing body before his transfer) redistribute or rearrange the duties to be performed by any transferred persons, and every transferred person shall be bound to perform the duties allotted to him on any such redistribution or rearrangement.
(3) No transferred person shall, without his consent, receive less remuneration or be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which he was subject in the employment of the existing governing body.
(4) Subject to the provisions of this Act relating to restriction on exercise of powers in relation to officers and servants, the Board may abolish the office or employment of any transferred person.
(5) Until the existing hospitals are closed under this Act any transferred person shall, if so required by the Board, remain at the existing hospitals and perform such duties there as the Board may require.
(6) If any question arises under sub-section (2) or sub-section (3) of this section in relation to any transferred person such question shall be referred to the Minister whose decision shall be final.
Preservation of contracts of service.
39.—Every contract of service, express or implied, which is in force immediately before the first appointed day between the existing governing body and any person not being an officer of the existing governing body shall continue in force on and after the first appointed day, but shall be construed and have effect as if the Board were substituted therein for the existing governing body, and every such contract shall be enforceable by or against the Board accordingly.
PART VI.
Transitory Provisions in Relation to the Existing Hospitals.
Closing of the existing hospitals.
40.—(1) On and after the second appointed day the Minister may, whenever and so often as he thinks fit, by order (in this section referred to as a closing order) direct that a particular part (defined in such manner and by reference to such things as the Minister thinks fit) of the existing hospitals shall be closed on a specified date.
(2) The Minister may, whenever and so often as he thinks fit, by order under this sub-section amend a closing order, including a closing order as amended by an order under this sub-section.
(3) The Minister shall before making an order under this section consult the Board.
(4) Whenever a closing order is made the part of the existing hospitals to which such order relates shall be closed on the date specified in that behalf in such order.
General powers in relation to the existing hospitals.
41.—On and after the first appointed day and until the existing hospitals have been closed under the immediately preceding section, the Board may, in relation to such parts of the existing hospitals as have not been so closed, manage them and may for this purpose, subject to the provisions of this Act, do all such things as the governing body of a hospital are usually authorised to do in relation to a hospital controlled by such governing body, and may, without prejudice to the generality of the foregoing, do all or any of the following things, that is to say:—
(a) in any case where the relatives of a patient dying therein are not known or, by reason of their absence or poverty or otherwise, are unable to provide for the burial of such deceased patient, defray all necessary and proper expenses incurred in the burial of such deceased patient;
(b) disinfect the clothing and effects of patients and in respect of any damage caused thereby pay or make compensation;
(c) where clothing is necessary for the proper treatment or protection of a patient and such patient is unable by reason of poverty to provide such clothing, provide such clothing.