PUBLIC CHARITABLE HOSPITALS (AMENDMENT) ACT, 1931

AN ACT TO EXTEND AND AMEND THE PUBLIC CHARITABLE HOSPITALS (TEMPORARY PROVISIONS) ACT, 1930. [17th July, 1931.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 The Principal Act.

1.—(1) In this Act the expression “the Principal Act” means the Public Charitable Hospitals (Temporary Provisions) Act, 1930 (No. 12 of 1930).

• (2) All expressions and words to which a particular meaning is given by sub-section (1) of section 1 of the Principal Act have in this Act the meanings so given to them respectively.

2 Extension of the Principal Act to certain hospitals.

2.—Notwithstanding anything contained in sub-section (2) of section 1 of the Principal Act, that Act shall extend and apply to the following hospitals, that is to say:—

• (i) Our Lady of Lourdes Hospital, The Cedars, Rochestown Avenue, Dun Laoghaire, Co. Dublin;

• (ii) Peamount Sanatorium, Hazelhatch, Co. Dublin;

• (iii) Royal Victoria Eye and Ear Hospital, Adelaide Road, Dublin;

• (iv) St. Anne's Hospital, Northbrook Road, Rathmines, Dublin;

• (v) St. Mary's Open Air Hospital, Cappagh, Finglas, Co. Dublin;

• (vi) St. Joseph's Orthopaedic Hospital, Coole, Co. Westmeath.

3 Appointment of committees of reference.

3.—(1) When a scheme is sanctioned by the Minister under the Principal Act, the Minister shall forthwith appoint a committee consisting of three members (in this Act referred to as a committee of reference) for the purposes of such scheme and the sweepstake to which it relates, and shall nominate one of such members to be chairman of such committee.

• (2) Whenever a vacancy occurs in the membership of a committee of reference by the death or resignation of a member thereof, the Minister shall forthwith appoint another person to be a member of such committee in place of the member thereof so dying or resigning.

• (3) Every member of a committee of reference (including a member appointed under the next foregoing sub-section of this section to fill a vacancy) shall be paid such remuneration at such time or times as the Minister for Finance shall direct.

• (4) The expenses incurred by a committee of reference in the performance of its functions under this Act and the remuneration of the members of such committee shall be paid by the committee which, prepared and submitted the scheme for the purposes of which such committee of reference was appointed and, if the sweepstake to which such scheme relates is held, the said expenses and remuneration shall be reckoned as part of the expenses of holding such sweepstake.

4 Deposits of amount or value of prizes.

4.—(1) Where the amount or value of the prizes or of some of the prizes in a sweepstake is dependent on or to be calculated by reference to the amount of the moneys received from the sale of tickets in such sweepstake, the committee managing such sweepstake shall, notwithstanding anything contained in section 4 of the Principal Act, deposit under the said section 4 in the first instance a sum equal to the guaranteed minimum amount or value of such prizes and increase the amount of such deposit from time to time as may be necessary in order to comply with the next following sub-section of this section.

• (2) In any case to which the foregoing sub-section of this section applies, the amount of the deposit made under section 4 of the Principal Act shall not at any time be less than the sum which would be the total amount or value of the prizes to be drawn for in the sweepstake or at the drawing in relation to which such deposit is so made if such amount or value were calculated by reference to the amount of the moneys at that time already received from the sale of tickets in such sweepstake.

5 Shares of promoting hospitals in proceeds of sweepstakes.

5.—(1) In this section and in the next following section the expression “the available surplus” means the balance of the moneys received from the sale of tickets in the sweepstake in relation to which the expression is used remaining after paying or providing for the prizes distributed in such sweepstake and the expenses incurred in holding such sweepstake.

• (2) The available surplus in any sweepstake held under the Principal Act shall not be less than twenty per cent of the moneys received from the sale of tickets in such sweepstake.

• (3) Where a sweepstake held under the Principal Act is so held by the governing body of one hospital only, two-thirds of the available surplus in such sweepstake shall be paid to such governing body.

• (4) Where a sweepstake held under the Principal Act is so held by the governing bodies of two or more hospitals the following provisions shall have effect, that is to say:—

• (a) two-thirds of the available surplus in such sweepstake shall be divided between and paid to such governing bodies or such one or more of them exclusive of the other or others and in such proportions as the Minister shall direct having regard to the needs and circumstances of such hospitals respectively;

• (b) the committee of reference appointed under this Act for the purposes of such sweepstake shall, when requested by the Minister so to do and after consultation with the committee managing such sweepstake, report to the Minister as to the proportions in which the said two-thirds of such available surplus should be divided under this sub-section between the governing bodies concerned and the reasons for the adoption of such proportions;

• (c) for the purpose of making the report to the Minister under the foregoing paragraph of this section, such committee of reference may visit all or any of the premises of any such hospitals and shall be entitled to inspect and examine such premises and the fittings and equipment thereof, and shall also be entitled to call for and be furnished with full information in relation to the management and the financial position of any such hospital and to see and examine all accounts of the receipts and expenditure of the governing body of any such hospital and also all or any books and other documents containing any record of such receipts or expenditure;

• (d) the Minister shall not determine the proportion in which such two-thirds is to be divided until he has received the report of such committee of reference in relation thereto and in determining such proportions the Minister shall have regard to but shall not be bound by such report;

• (e) before determining the said proportions, the Minister shall consult with the Minister for Local Government and Public Health in regard thereto.

6 Application of portion of proceeds of sweepstakes to poor-law hospitals.

6.—(1) One-third of the available surplus in any sweepstake held under the Principal Act shall be paid to the Minister for Local Government and Public Health and shall be applied by him in such manner as he shall think fit in or towards the provision, improvement, or equipment of institutions for the prevention, treatment, or cure of physical or mental diseases or injuries of human beings.

• (2) The following provisions shall have effect where the Minister for Local Government and Public Health applies or proposes to apply any money under this section in or towards the provision, improvement, or equipment of an institution which is wholly or partly maintained by a local authority, that is to say:—

• (a) such application may be made conditional upon the fulfilment by such local authority of such conditions as the said Minister shall think proper to impose;

• (b) the money so applied shall be in addition to and not in substitution for the moneys expended by such local authority for or towards the ordinary maintenance of such institution and shall not be taken into consideration by such local authority when determining the amount to be so expended by them.

7 Amendment of sub-section (1) of section 7 of the Principal Act.

7.—Sub-section (1) of section 7 of the Principal Act is hereby amended by the insertion therein of the following paragraph in lieu of paragraph (a) now contained therein and the said section shall be construed and have effect accordingly, that is to say:—

• “(a) a statement to the effect that such sweepstake is being held in aid of hospitals in the Irish Free State.”

8 Calculation of amount received from the sale of tickets.

8.—Section 9 of the Principal Act shall apply to the calculation for the purposes of this Act of the amount of the moneys received from the sale of tickets in a sweepstake.

9 Application of this Act.

9.—(1) This Act shall not apply or have effect in relation to any scheme which has been sanctioned under the Principal Act by the Minister before the 30th day of April, 1931, or to any sweepstake held under the Principal Act, whether before or after the passing of this Act, in pursuance of a scheme so sanctioned.

• (2) Where a scheme for a sweepstake has been sanctioned by the Minister under the Principal Act after the 30th day of April, 1931, and before the passing of this Act, this Act shall apply in relation to such scheme and any sweepstake held in pursuance thereof subject to the following provisions, that is to say:—

• (a) the Minister may after the passing of this Act revise such a scheme in such manner as he may think desirable having regard to the provisions of this Act including this section;

• (b) any hospital to which the Principal Act is applied by this Act may participate in such scheme and any sweepstake held in pursuance thereof;

• (c) the committee of reference for such scheme shall be appointed when such scheme has been so revised by the Minister.

10 Repeal of portions of the Principal Act.

10.—The several portions of the Principal Act which are specified in the Schedule to this Act are hereby repealed save as respects schemes and sweepstakes to which it is expressly declared by this Act that this Act does not apply.

11 Short title, citation, and duration.

11.—(1) This Act may be cited as the Public Charitable Hospitals (Amendment) Act, 1931.

• (2) The Principal Act and this Act may be cited together as the Public Charitable Hospitals Acts, 1930 and 1931.

• (3) This Act shall remain in force for so long as the Principal Act continues in force and no longer.

SCHEDULE. Portions of the Principal Act Repealed.