PUBLIC HOSPITALS ACT, 1933

AN ACT FOR THE GRANTING OF POWERS TO ENABLE FUNDS TO BE RAISED BY MEANS OF SWEEPSTAKES AND DRAWINGS OF PRIZES FOR THE BENEFIT OF CERTAIN CLASSES OF INSTITUTIONS AND ORGANISATIONS AFFORDING SOCIAL SERVICES RELATING DIRECTLY OR INDIRECTLY TO THE PHYSICAL OR MENTAL HEALTH OF THE PEOPLE, AND TO PROVIDE FOR THE DISPOSAL AND APPLICATION OF THE FUNDS SO RAISED, AND ALSO TO MAKE PROVISION FOR THE GENERAL IMPROVEMENT AND CO-ORDINATION OF THE FACILITIES MADE AVAILABLE TO THE PUBLIC BY SUCH INSTITUTIONS AND ORGANISATIONS AS AFORESAID, AND TO PROVIDE FOR DIVERS MATTERS CONNECTED WITH THE MATTERS AFORESAID AND TO MAKE SUCH AMENDMENTS OF THE LAW AS MAY BE NECESSARY. [27th July, 1933.]

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

1 Definitions.

1.—In this Act—

the expression “the Minister” (except where used by way of quotation from another Act) means the Minister for Local Government and Public Health;

the word “sweepstake” means a drawing or distribution or a series of drawings or distributions of prizes by lot or chance whether with or without reference to the result of a future uncertain event;

the expression “drawing of prizes” means a drawing of tickets or other similar procedure which is entirely dependent on chance and whereby the distribution of prizes in a sweepstake is determined whether directly or by reference to the result of a future uncertain event or partly directly and partly by such reference;

the word “hospital” means an institution or organisation in Saorstát Eireann which affords medical, surgical, or dental treatment to human beings, and includes any institution or organisation in Saorstát Eireann for the prevention, treatment, or cure of human disease, injury, or deformity and any institution or organisation for affording asylum to blind, deaf, dumb, or mentally defective persons, or to expectant mothers, or mothers with their children of less than five years of age, and also includes infirmaries provided by local authorities (whether as parts of county homes or otherwise) for the care and treatment of aged and infirm persons and infirmaries not so provided but to which such persons are sent by any local authority, and also includes institutions or organisations for carrying on medical research, but does not include any institution or organisation conducted by persons for their private profit;

the expression “nursing organisation” means an institution or organisation in Saorstát Eireann which has for its sole or principal object the nursing of, and providing of nurses for, poor persons suffering from physical diseases, injuries, or deformities or poor women in childbirth;

the expression “governing body” means the council, board, committee or other body having the control and management of the hospital or nursing organisation in relation to which the expression is used and (save where precluded by the context) includes a local authority having the control of such hospital or organisation.

2 Calculation of moneys received from sale of tickets.

2.—When calculating for the purposes of this Act the amount of the moneys received from the sale of tickets in a sweepstake, the value of tickets issued free of charge by way of reward to a seller of tickets shall be excluded from the calculation, and there shall be deducted from the nominal selling price of all other tickets all commissions, prizes, and other remuneration given in relation to the selling of such tickets.

3 Expenses.

3.—Save as is otherwise provided by this Act, all expenses incurred by any Minister in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

4 Repeals and transitory provisions.

4.—(1) The Public Charitable Hospitals Acts, 1930 to 1932, are hereby repealed, but such repeal shall have effect subject and without prejudice to the subsequent provisions of this section.

• (2) The Public Charitable Hospitals Acts, 1930 to 1932, shall continue to apply to every sweepstake for which a scheme was sanctioned under those Acts before the passing of this Act but with and subject to the following modifications, that is to say:—

• (a) the available surplus within the meaning of sections 5 and 6 of the Public Charitable Hospitals (Amendment) Act, 1931 (No. 24 of 1931), in every such sweepstake in which a drawing of prizes takes place after the passing of this Act shall (subject to the payment of any duty or tax chargeable in respect thereof) be paid to the National Hospital Trustees and disposed of in accordance with this Act;

• (b) so much of the available surplus within the meaning aforesaid in any such sweepstake in which the drawing or all the drawings of prizes has or have taken place before the passing of this Act as has not been lawfully disposed of by the sweepstake committee before such passing shall (subject to the payment of so much of any duty or tax chargeable in respect thereof as remains unpaid at such passing) be paid to the National Hospital Trustees and disposed of in accordance with this Act;

• (c) the Minister shall pay to the National Hospital Trustees, to be disposed of in accordance with this Act, so much (if any) of any available surplus within the meaning aforesaid as has been paid to him under the said Acts before the passing of this Act and is not required by him for purposes authorised by those Acts in respect of which arrangements were made before the passing of this Act;

• (d) section 3 of the Public Charitable Hospitals (Amendment) Act, 1931, shall not apply and shall be deemed never to have applied in relation to any sweepstake in respect of which a committee of reference was not appointed under that section before the passing of this Act.

5 Appointment of sweepstake committee.

5.—(1) Whenever the governing body of a hospital (other than a hospital under the control of a local authority or a county infirmary or a county fever hospital) or the governing bodies of two or more such hospitals desires or desire to hold sweepstakes under this Act to raise money for the purposes of the Hospitals Trust Fund, such governing body or bodies (in this Act referred to as the organisers) may appoint for the purpose of such sweepstakes a committee (in this Act referred to as a sweepstake committee), of such number and of such persons at the organisers may think proper, to manage and control such sweepstakes.

• (2) Vacancies occurring by death or resignation in the membership of a sweepstake committee may be filled by the organisers by whom such committee was appointed.

• (3) A sweepstake committee may act notwithstanding one or more vacancies in its membership.

• (4) No member of a sweepstake committee shall receive any remuneration for acting as a member of such committee or for any services rendered or work done by him in relation to the sweepstakes for the purposes of which such committee was appointed.

• (5) If the Minister for Justice by direction in writing delivered at the address of a sweepstake committee or posted to such address so directs, or if the organisers by which a sweepstake committee was appointed by direction in writing delivered at or posted to such address so direct, or if a sweepstake committee by passing a resolution so decides such sweepstake committee shall not, after the date of receiving from the said Minister or from such organisers such direction or of passing such resolution, submit to the Minister for Justice under this Act any scheme in respect of any sweepstake, and shall continue to be a sweepstake committee only for the purposes of any sweepstake in respect of which a scheme had been submitted to the Minister for Justice under this Act by such sweepstake committee prior to such date, and such sweepstake committee shall as from such date be dissolved for all other purposes.

• (6) No sweepstake committee shall be appointed under this section while any other sweepstake committee is in existence unless such other sweepstake committee has, under the foregoing sub-section, received a direction from the Minister for Justice or from the organisers by whom such sweepstake committee was appointed, or has passed a resolution under that sub-section.

6 Submission of scheme by sweepstake committee.

6.—Whenever organisers who have appointed a sweepstake committee propose to hold a particular sweepstake such sweepstake committee shall prepare and submit to the Minister for Justice a scheme specifiying in relation to such sweepstake the following matters, that is to say:—

• (a) the name or names of the hospital or hospitals of which the organisers are the governing body or governing bodies;

• (b) the names of the members of such committee;

• (c) particulars of the prizes intended to be distributed in such sweepstake, including the money value of any prize which is not a sum of money;

• (d) the number of drawings of prizes intended to be made in such sweepstake and the date on which, the place at which, and the manner in which such drawing or each of such drawings (if more than one) is intended to be made;

• (e) the price intended to be charged for tickets in such sweepstake;

• (f) the amount or the maximum amount proposed to be allowed or expended by way of commission, prize, or other remuneration in relation to the sale of tickets in such sweepstake, and the proportion of free tickets proposed to be allotted by way of reward to the seller of any particular number of tickets in such sweepstake;

• (g) the names of not less than three trustees (in this Act referred to as the sweepstake trustees) who have in writing consented to act as such trustees and in whose names the deposit or deposits required by this Act is or are intended to be made;

• (h) the name of the public bank in Saorstát Eireann in which the deposit or deposits required by this Act will be made;

• (i) if the deposit or deposits required by this Act is or are intended to be made wholly or partly by the deposit of securities, a general description of such securities;

• (j) the date on which the sale of tickets in such sweepstake is to commence; and

• (k) the chartered accountant or other qualified auditor or accountant intended to be employed in accordance with this Act to audit the accounts relating to such sweepstake.

7 Sanction of scheme by Minister for Justice and consequent legality of sweepstake.

7.—(1) When a scheme is submitted to the Minister for Justice by a sweepstake committee under this Act, the said Minister may, if he so thinks proper and if he is satisfied that such committee was appointed by organisers entitled to appoint such committee under this Act, sanction such scheme either without modification or with such modifications as he may think fit to make therein.

• (2) When a scheme is submitted to the Minister for Justice under this Act, the said Minister may, for the purpose of satisfying himself that the sweepstake committee submitting such scheme was appointed by organisers entitled under this Act to appoint such committee, require such evidence by statutory declaration or otherwise as he thinks fit.

• (3) When a scheme submitted to the Minister for Justice under this Act has been sanctioned (whether with or without modification) by the said Minister it shall, notwithstanding anything to the contrary contained in any other Act, be lawful for the organisers by whom the sweepstake committee which submitted such scheme was appointed to hold the sweepstake to which such scheme relates subject to and in accordance with the following conditions, that is to say:—

• (a) such sweepstake shall be conducted and managed by the said sweepstake committee appointed under this Act for the purpose of such sweepstake, and

• (b) such sweepstake shall be held, conducted, and managed in all respects in accordance with such scheme as sanctioned by the Minister for Justice, and

• (c) the provision of this Act requiring anything to be done or prohibiting the doing of anything in relation to a sweepstake held under this Act shall be observed in relation to such sweepstake, and

• (d) no tickets in such sweepstake shall be issued free of charge except tickets issued to sellers of tickets by way of reward for effecting such sale.

8 Deposit to secure payment of prizes.

8.—(1) Whenever a sweepstake is held under this Act, the sweepstake committee managing such sweepstake shall make or cause to be made, in respect of the drawing or each of the several drawings (as the case may be) of prizes in such sweepstake, a deposit (in this Act referred to as the deposit) in accordance with the following provisions, that is to say:—

• (a) such deposit shall be made by depositing in the bank named in that behalf in the scheme relating to such sweepstake and in the names of the sweepstake trustees named in such scheme such moneys or securities as are hereinafter mentioned;

• (b) where every prize to be drawn for at the drawing in respect of which the deposit is made is either of a fixed amount or not a sum of money, the deposit shall be equal in amount or value to the total amount or value of such prizes and shall be made before the sale of any tickets in such sweepstake;

• (c) where the amount or value of all or any of the prizes to be drawn for at the drawing in respect of which the deposit is made is wholly or partly dependent on or to be calculated by reference to the amount of the moneys received from the sale of tickets in such sweepstake, the deposit shall be made at such time and be of such amount and be so increased from time to time that the amount of the deposit 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 at such drawing 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;

• (d) where in a case to which the next foregoing paragraph applies a minimum amount or value is specified in relation to the prizes to be drawn for at the drawing in respect of which the deposit is made, so much of such deposit as is equal to such minimum amount or value shall be made before any tickets are sold for the drawing in respect of which such minimum is specified, and such additions (if any) as the case may require shall be made thereto from time to time in accordance with the said foregoing paragraph;

• (e) the deposit may be made in either or both of the following ways, that is to say, by the deposit of money or by the deposit of sound marketable stocks, shares, or securities of a description specified in that behalf in the scheme relating to such sweepstake;

• (f) the value for the purposes of this section of any stocks, shares, or securities included in the deposit shall be taken to be the market price thereof on the day on which they are deposited.

• (2) The interest, dividends, and other income accruing during the continuance of the deposit on moneys or on stocks, shares, or securities included in the deposit shall not form part of such deposit, but shall belong and be payable to the person by whom such moneys, stocks, shares, or securities were provided.

9 Application of deposit.

9.—(1) If any prize duly drawn in a sweepstake is not duly paid or handed over by the sweepstake committee managing such sweepstake to the person entitled thereto under the terms of such sweepstake, the sweepstake trustees shall pay to such person out of the deposit made in respect of the drawing at which such prize was drawn the amount or value of such prize or so much of such amount or value as has not been paid to him by such committee, and such trustees shall for the purpose of making such payment have full power at their discretion to realise all or any stocks, shares or securities included in such deposit.

• (2) When all prizes drawn at the drawing in relation to which a deposit is made have been fully paid or handed over, whether without resort to such deposit or wholly or partly out of such deposit, the sweepstake trustees in whose names such deposit is standing shall return to the person by whom the moneys or securities included in such deposit were provided the whole or so much as is not otherwise applied under this section (as the case may require) of such moneys and securities.

• (3) If the drawing of prizes in relation to which a deposit is made is, with the consent of the Minister for Justice, not made, the sweepstake trustees in whose names such deposit is standing shall return any moneys, stocks, shares and securities comprised in such deposit to the person by whom they were provided.

10 Form of tickets and restrictions on advertisements, &c.

10.—(1) Every book of tickets in a sweepstake held under this Act shall have clearly printed thereon a statement that such sweepstake is being held under this Act for the benefit of hospitals and kindred institutions in the Irish Free State.

• (2) Every ticket in a sweepstake held under this Act shall have clearly printed thereon a statement requesting the purchaser of such ticket, in the event of the committee managing such sweepstake failing to acknowledge the receipt of the price of such ticket, to send direct to such committee a notification of such failure, and such ticket shall also have clearly printed thereon a sufficient indication of the name and address to which such notification should be sent.

• (3) No advertisement, memorandum, circular, book of tickets, ticket, or other document issued in relation to a sweepstake by the sweepstake committee for such sweepstake shall contain any words indicating or which could reasonably be construed as indicating that such sweepstake is being held under the auspices or patronage of the Government of Saorstát Eireann or of any Minister head of a Department of State.

• (4) If any advertisement, memorandum, book of tickets, ticket, or other document issued in relation to a sweepstake by the sweepstake committee for such sweepstake contravenes any provision of this section, every member of such committee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

11 Use of Saorstát Eireann labour and materials.

11.—So far as may be practicable, all printing for or in connection with a sweepstake held under this Act shall be done in Saorstát Eireann and all paper and other materials used for the purpose of any such sweepstake shall be of Saorstát Eireann manufacture.

12 Application of proceeds of sweepstakes.

12.—(1) The balance of the moneys received from the sale of tickets in a sweepstake held under this Act remaining after paying or providing for the prizes distributed in such sweepstake, the expenses incurred in holding such sweepstake, and any duty or tax chargeable in respect of such balance shall be paid to the National Hospital Trustees.

• (2) The following limitations shall apply in respect of the application of the moneys received from the sale of tickets in a sweepstake held under this Act, that is to say:—

• (a) the amount applied out of such moneys for paying the expenses incurred in holding such sweepstake (other than tickets, commission, prizes or other remuneration given in relation to the sale of tickets) shall not exceed thirty per cent. of such moneys;

• (b) where a payment is made to a person for promoting such sweepstake, such payment shall be deemed for the purposes of this Act to be part of the expenses of holding such sweepstake and shall not exceed seven per cent. of the said moneys received from the sale of tickets in such sweepstake;

• (c) the amount paid in pursuance of this section to the National Hospital Trustees in respect of any sweepstake together with the amount of any duty or tax chargeable in respect of the moneys or any part of the moneys received from the sale of tickets in such sweepstake shall not be less than twenty per cent. of the said moneys received from the sale of tickets in such sweepstake.

13 Audit of accounts of sweepstakes.

13.—(1) Within three months after the drawing of prizes or, where there is more than one drawing, after the last drawing of prizes, in a sweepstake held under this Act the sweepstake committee managing such sweepstake shall cause the accounts of all receipts and disbursements of money in relation to such sweepstake to be audited by the person named in that behalf in the scheme relating to such sweepstake or, if such person is not available, by some other similarly qualified person previously approved of by the Minister for Justice.

• (2) Every sweepstake committee shall furnish to the Minister for Justice and to every member of the Oireachtas, within two months after the audit in pursuance of this section, a copy of the accounts relating to the sweepstake for which such committee was appointed as audited under this section, together with a copy of the auditor's certificate and report on such audit.

14 Establishment of Hospitals Commission.

14.—(1) As soon as conveniently may be after the passing of this Act the Minister shall by order establish a commission which shall be styled “the Hospitals Commission” and shall consist of not less than three ordinary members of whom one shall be the chairman of the Commission.

• (2) The ordinary members of the Hospitals Commission shall be appointed and the chairman of that Commission shall be nominated by the Minister by order from time to time as occasion requires.

• (3) The Minister, whenever in his opinion circumstances so require, may by order appoint such and so many persons as he may think fit to be additional members of the Hospitals Commission for a specified time (not exceeding two years) or until sooner removed under this section.

• (4) The Minister may at any time by order remove any member of the Hospitals Commission from his office as such member, and also may at any time by order remove the chairman of the Hospitals Commission from his position as such chairman.

• (5) Every ordinary member of the Hospitals Commission shall, unless he previously dies, resigns, or is removed from office, retain office as such member for two years from the date of his appointment, but shall be eligible for reappointment.

• (6) For the purposes of performing his duties under this Act every member of the Hospitals Commission may visit all or any of the premises of any hospital or nursing organisation which shall have participated in any sweepstake promoted under the Public Charitable Hospitals Acts, 1930 to 1932, or under this Act, or which shall have applied for a grant out of the Hospitals Trust Fund under section 24 hereof or of any institution under the control of or assisted by local authorities 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 hospital or nursing organisation and to see and examine all accounts of the receipts and expenditure of the governing body of such hospital or nursing organisation and also all or any books and other documents containing any record of such receipts and expenditure.

• (7) Each member of the Hospitals Commission shall be paid such (if any) remuneration as the Minister shall from time to time direct.

• (8) The Hospitals Commission may act notwithstanding one vacancy among its ordinary members.

15 Officers and servants of the Hospitals Commission.

15.—(1) The Hospitals Commission shall be entitled to employ such and so many officers and servants (including as and when necessary professional or technical advisers) at such remuneration and on such terms as such Commission shall, with the sanction of the Minister, think proper and, with such sanction, to dismiss any such officer or servant.

• (2) The Hospitals Commission shall be entitled to receive from the Minister such facilities and from the officers of the Minister such assistance as the Minister shall direct.

• (3) Every member and every officer of the Hospitals Commission, when travelling in performance of his duties as such member or officer, shall be entitled to receive and be paid travelling expenses and maintenance allowance at such rate as shall be sanctioned by the Minister.

16 Expenses of Hospitals Commission.

16.—(1) There shall be paid to the Hospitals Commission out of the Hospitals Trust Fund from time to time such sums as the Minister may sanction for the expenses of the Hospitals Commission and that Commission shall defray out of such sums expenses, to such extent as shall be sanctioned by the Minister, incurred by them in the execution of their functions under this Act including the remuneration, travelling expenses, and maintenance allowances payable to members and officers of the Hospitals Commission.

• (2) There shall be paid out of the Hospitals Trust Fund into or for the benefit of the Exchequer at such times and in such manner as the Minister for Finance shall direct such sum in respect of every financial year as the Minister, with the sanction of the Minister for Finance, shall determine to be the amount properly payable in respect of facilities provided by the Minister and assistance rendered by officers of the Minister for or to the Hospitals Commission under this Act in such financial year.

17 Functions of the Hospitals Commission.

17.—It shall be the duty of the Hospitals Commission to do the following things, that is to say:—

• (a) on their own motion to inquire into, examine, and survey generally the hospital and nursing facilities existing in Saorstát Eireann and to collect, record and digest information in relation to such facilities, the needs of the people for such facilities, and the adjustment of such facilities to such needs;

• (b) to investigate and report to the Minister on every matter relating to hospital or nursing facilities in Saorstát Eireann which is referred to them by the Minister for such investigation and report;

• (c) at the request of the Minister, to make and submit to the Minister schemes for the improvement and co-ordination of hospital or nursing or both hospital and nursing facilities in the whole or any particular part of Saorstát Eireann;

• (d) to investigate and report to the Minister on every matter referred to them by the Minister under or in pursuance of any provision of this Act other than this section;

• (e) on their own motion or at the request of the Minister to advise the Minister on any matter relating to the administration of the Hospitals Trust Fund.

18 Saving as to alteration of constitution, etc., of certain hospitals.

18.—Nothing contained in the last preceding section shall empower the Hospitals Commission to make and submit to the Minister a scheme which shall involve an alteration of the constitution or an interference with the administration of a hospital which did not receive any benefit from any sweepstake promoted under the Public Charitable Hospitals Acts, 1930 to 1932 and does not receive any benefit from a sweepstake promoted under this Act and which does not receive any grant from a local authority.

19 Accounts and audits of Hospitals Commission.

19.—(1) The Hospitals Commission shall keep in such form as shall be approved by the Minister all proper and usual accounts of all moneys received or expended by them.

• (2) The accounts of the Hospitals Commission shall in each year be audited and be the subject of a report to the Minister by a duly qualified auditor appointed annually for the purpose by the Minister, and an amount fixed by the Minister as the fee of such auditor shall be paid by the Hospitals Commission to the Minister as part of their expenses.

20 The National Hospital Trustees.

20.—(1) As soon as conveniently may be after the passing of this Act, the Minister shall by order establish a body of five trustees, to be styled the National Hospital Trustees, to exercise the powers and perform the duties assigned to them by this Act.

• (2) The National Hospital Trustees shall be appointed by the Minister by order and every such trustee shall, unless he sooner dies, resigns, or is removed from office, hold office as such trustee for five years from the date of his appointment, but shall be eligible for reappointment.

• (3) The Minister may at any time by order remove any person whom he has appointed to the office of National Hospital Trustee from that office.

• (4) An order of the Minister appointing a National Hospital Trustee or Trustees may, if the circumstances so require, declare that all property, real or personal, which then is or ought to be vested in the National Hospital Trustees shall vest in the trustee or trustees so appointed in conjunction with the continuing trustees (if any), and every such declaration shall operate to vest in such appointed and continuing trustees as joint tenants all such property for all the estate and interest therein which should properly be vested in such trustees and shall, in respect of all such property which is by law transferable only in the books of any authority, bank, company, or other person, confer on such trustees the right to call for a transfer of such property in such books and, in the case of all other property, shall effect such vesting without any further or other conveyance.

• (5) The National Hospital Trustees may act notwithstanding one, but only one, vacancy in their number.

• (6) The law relating to the liability of trustees for breaches of trust and for depreciation or loss of trust funds and to the immunity of trustees from such liability shall apply to the National Hospital Trustees in like manner as it applies to trustees appointed by deed, and for the purpose of proceedings to enforce any such liability the Minister shall be deemed to be the person beneficially entitled to the Hospitals Trust Fund.

• (7) All expenses incurred by the National Hospital Trustees, with the sanction of the Minister, in the execution of their functions under this Act shall be defrayed out of the Hospitals Trust Fund.

21 Officers and servants of National Hospital Trustees.

21.—(1) The National Hospital Trustees shall be entitled to employ such and so many officers and servants at such remuneration and on such terms as the National Hospital Trustees shall, with the sanction of the Minister, think proper, and, with such sanction, to dismiss any such officer or servant.

• (2) All expenses incurred by the National Hospital Trustees under this Act, including the remuneration of their officers and servants, shall, to such extent as may be sanctioned by the Minister, be defrayed out of the Hospitals Trust Fund.

22 Accounts and audits of National Hospital Trustees.

22.—(1) The National Hospital Trustees shall keep in such form as shall be approved by the Minister all proper and usual accounts of all moneys received or expended by them.

• (2) The accounts of the National Hospital Trustees shall in each year be audited and be the subject of a report by a duly qualified auditor approved annually for the purpose by the Minister and the fees of such auditor and the expenses generally of such audits shall be paid by the National Hospital Trustees out of the Hospitals Trust Fund.

• (3) Immediately after every audit under this section of the accounts of the National Hospital Trustees, the National Hospital Trustees shall send to the Minister a copy of the balance sheet as passed by the auditors and a copy of the auditor's report.

23 The Hospitals Trust Fund.

23.—(1) All moneys paid or payable to the National Hospital Trustees under or in pursuance of this Act shall form a single fund to be known and in this Act referred to as the Hospitals Trust Fund and shall be held by the said Trustees upon trust to invest, manage, and apply the same in accordance with this Act.

• (2) So much of the capital of the Hospitals Trust Fund as is for the time being not required for making disbursements in pursuance of this Act shall be invested and kept invested by the National Hospital Trustees in securities authorised by law for the investment of trust funds or authorised by order made by the Minister, with the concurrence of the Minister for Finance, for the investment of the Hospitals Trust Fund.

• (3) The National Hospital Trustees may from time to time vary the investment or any part of the investment of the Hospitals Trust Fund.

• (4) All interest, dividends, and income and all sums in the nature of bonus received by the National Hospital Trustees on the securities in which the Hospitals Trust Fund is invested shall, save if and so far as is otherwise directed by the Minister, be added to and form part of the capital of the said Fund as from the receipt thereof by the said trustees.

• (5) It shall not be lawful for the National Hospital Trustees to solicit contributions to the Hospitals Trust Fund, but the said trustees, may, with the consent of the Minister, accept any such contribution in money which is offered to them without such solicitation, and all money so offered and accepted shall for the purposes of this section be deemed to be paid to the said trustees in pursuance of this Act.

• (6) The National Hospital Trustees shall pay out of the Hospitals Trust Fund all such grants, expenses, and other moneys as are directed or authorised by this Act to be paid out of that Fund but, where any direction, authority, or sanction is required by this Act for such payment, only upon such direction, authority, or sanction.

24 Applications for grants out of the Hospitals Trust Fund.

24.—(1) The governing body of any hospital or nursing organisation in Saorstát Eireann or any person about to establish any such hospital or nursing organisation may at any time apply to the Minister for a grant out of the Hospitals Trust Fund for the benefit of such hospital or organisation.

• (2) Every application under this section for a grant out of the Hospitals Trust Fund shall state with such particularity as the circumstances may require the purposes for which such grant is proposed to be expended and the suggested amount of such grant.

• (3) The Minister shall refer to the Hospitals Commission for investigation and report every application made to him under this section for a grant out of the Hospitals Trust Fund and shall not make any determination in regard to such application until he has received the report of the Hospitals Commission thereon.

• (4) In considering an application under this section for a grant out of the Hospitals Trust Fund the Minister shall have regard to the report of the Hospitals Commission on such application, but shall not be bound by such report.

25 Making of grants out of the Hospitals Trust Fund.

25.—(1) Subject to the provisions of this Act, the Minister may at any time, either on his own motion or in consequence of an application to him under this Act, make for the benefit of any existing or proposed hospital or nursing organisation in Saorstát Eireann a grant out of the Hospitals Trust Fund of such amount and for such purposes authorised by this section as the Minister shall think proper.

• (2) A grant made out of the Hospitals Trust Fund under this section shall be made to either (as the case may be) the governing body of the existing hospital or nursing organisation or the person establishing the proposed hospital or nursing organisation for the benefit of which such grant is made and the word “grantee” shall in this section be construed as meaning such governing body or such person, as the case may require.

• (3) A grant made out of the Hospitals Trust Fund under this section may, as the Minister shall in each case think proper, be in the form of a sum to be paid out of the capital of the Hospitals Trust Fund or in the form of payments to be made annually, for such period as the Minister shall direct, out of the income of the Hospitals Trust Fund and the National Hospital Trustees shall if so directed by the Minister set aside a portion of the capital of the Hospitals Trust Fund and invest such portion for the purpose of securing any grant made in the form of payments to be made annually.

• (4) Whenever the Minister determines to make under this section a grant out of the Hospitals Trust Fund he shall direct the National Hospital Trustees to pay such grant out of the Hospitals Trust Fund and thereupon the said trustees shall pay the amount of such grant out of the said Fund to such person and at such time or in instalments at such times as the Minister directs.

• (5) Whenever the Minister makes under this section a grant out of the Hospitals Trust Fund, he shall specify the purposes for which such grant is to be expended and may attach to the receipt of such grant such conditions (whether to be performed before or after such receipt) as he thinks proper for securing the due expenditure of such grant on the purposes specified by the Minister or for securing or attaining any other object: Provided, however, that no conditions shall be attached to the receipt of any such grant in any way relating to the appointment, dismissal or control of the staff of any hospital or nursing organisation.

• (6) If, after the making of a grant out of the Hospitals Trust Fund under this section to any grantee and before payment of such grant or before the making of any particular payment in respect of such grant, the Minister is satisfied that any condition attached under the foregoing sub-section to the receipt of such grant has not been complied with by such grantee, the Minister may certify to the National Hospital Trustees that such condition has not been complied with and upon the Minister so certifying, the National Hospital Trustees shall not make, and such grantee shall cease to be entitled to, any such payment of or in respect of such grant or to any future payment in respect thereof unless and until the Minister otherwise directs.

• (7) A grant made by the Minister under this section for the benefit of any existing or proposed hospital or nursing organisation may be made for all or any of the following purposes, that is to say:—

• (a) the purchase of land or buildings, including any superior or outstanding estate or interest in land or buildings;

• (b) the construction of buildings;

• (c) the reconstruction, extension, alteration or improvement of buildings;

• (d) the purchase of hospital, nursing and other equipment;

• (e) the endowment of any such hospital or nursing organisation or any part of the activities of any such hospital or nursing organisation, including in the case of any such hospital the endowment of a bed or beds in such hospital;

• (f) the payment of maintenance expenses;

• (g) the discharge of debts.

26 Hospital library grant.

26.—(1) The Minister may at any time, at the request of any person controlling or about to establish a lending library for supplying books for the use of patients or inmates in hospitals, make a grant (to be known and in this section referred to as a hospital library grant) to such person out of the Hospitals Trust Fund, of such amount as the Minister shall think proper, for the purpose of defraying all or any of the expenses of such lending library.

• (2) A hospital library grant may, as the Minister shall in each case think proper, be in the form of a sum to be paid out of the capital of the Hospitals Trust Fund or in the form of payments to be made annually, for such period as the Minister shall direct, out of the income of the Hospitals Trust Fund and the National Hospital Trustees shall, if so directed by the Minister, set aside a portion of the capital of the Hospitals Trust Fund and invest such portion for the purpose of securing any hospital library grant made in the form of payments to be made annually.

• (3) Whenever the Minister determines to make under this section a hospital library grant, he shall direct the National Hospital Trustees to pay such grant out of the Hospitals Trust Fund and thereupon the said Trustees shall pay the amount of such grant out of the said Fund to such person and at such time or in instalments at such times as the Minister directs.

• (4) Whenever the Minister makes under this section a hospital library grant, he shall specify the purposes for which such hospital library grant is to be expended and may attach to the receipt of such hospital library grant such conditions (whether to be performed before or after such receipt) as he thinks proper for securing the due expenditure of such hospital library grant on the purposes specified by the Minister.

• (5) If, after the making of a hospital library grant under this section to any person and before payment of such hospital library grant or before the making of any particular payment in respect thereof, the Minister is satisfied that any condition attached under the foregoing sub-section to the receipt of such hospital library grant has not been complied with by the person to whom such grant was made, the Minister may certify to the National Hospital Trustees that such condition has not been complied with and, upon the Minister so certifying, the National Hospital Trustees shall not make, and the person to whom such grant was made shall cease to be entitled to, any such payment of or in respect of such hospital library grant or to any future payment in respect thereof unless and until the Minister otherwise directs.

27 Short title.

27.—This Act may be cited as the Public Hospitals Act, 1933.