Cork Fever Hospital Act , 1935

PART I. Preliminary and General.

1 Short title.

1.—This Act may be cited as the Cork Fever Hospital Act, 1935.

2 Definitions.

2.—In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the expression “the Act of 1925” means the Local Government Act, 1925 (No. 5 of 1925);

the expression “the Act of 1927” means the Local Government Act, 1927 (No. 3 of 1927);

the expression “the Corporation” means the Lord Mayor, Aldermen, and Burgesses of Cork;

the expression “the city council” means the council of the county borough of Cork;

the expression “the county health district” means the South Cork county health district;

the expression “the board of health” means the South Cork board of public health;

the expression “the joint district” means the area composed of the county health district and the urban districts which, with the the county health district, form a joint district within the meaning of the Act of 1927;

the expression “the existing fever hospital” means the Cork Fever Hospital and House of Recovery;

the expression “the existing committee” means the joint committee of the existing fever hospital;

the expression “the body corporate” means the body corporate established under the Hospitals (Ireland) Act, 1818, and known as the President and Assistants of the Fever Hospital for Cork;

the expression “local financial year” means a period of twelve months ending on the 31st day of March.

3 Local inquiries.

3.—(1) The Minister may, before exercising or performing any power or duty conferred or imposed on him by this Act, cause a local inquiry to be held into the matter which is the subject of the exercise of such power or the performance of such duty.

(2) Sub-articles (1) and (3) of Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply in respect of every local inquiry held under this section.

4 Expenses of the Minister.

4.—All expenses incurred by the Minister under this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II. Commencement of Part III of this Act.

5 Submission by the Corporation of scheme for establishment of new fever hospital in or near Cork city.

5.—(1) The Corporation may, if they think fit, prepare and submit to the Minister a scheme (in this Act referred to as the scheme) for the erection, and establishment of a new fever hospital (including accommodation for the staff thereof) in or near the city of Cork.

(2) The scheme shall—

(a) specify the proposed site of the hospital,

(b) incorporate the plans and specifications of the proposed hospital (including accommodation for the staff thereof), and

(c) state the estimated cost of carrying out the scheme.

(3) The Minister may, on receipt of the scheme, either, approve of the scheme without modification or approve of the scheme with such modifications as he shall think fit, or refuse to approve of the scheme.

(4) For the purposes of the Cork City Management Act, 1929 (No. 1 of 1929) the preparation of the scheme under this section shall be a reserved function.

(5) Any expenses incurred by the Corporation under this section shall, in case Part III of this Act does not come into operation, be raised and defrayed by the Corporation in like manner in which expenses incurred by the Corporation in the execution of the Public Health Acts, 1878 to 1931, are raised and defrayed.

6 Commencement of Part III of this Act.

6.—(1) If within two years after the passing of this Act—

(a) the scheme is approved of by the Minister under the immediately preceding section, and

(b) there is made, under section 25 of the Public Hospitals Act, 1933 (No. 18 of 1933), to the Corporation for the benefit of the hospital to which the scheme relates a grant out of the Hospitals Trust Fund of an amount not less than one half of the estimated cost, as stated in the scheme, as so approved, of carrying out the scheme, and for all or any of the purposes mentioned in paragraphs (a) (b) (c) and (d) of sub-section (7) of the said section 25,

the Minister shall by order declare that Part III of this Act shall come into operation as from a date specified in such order, and upon such order being made the said Part III shall come into operation on the date so specified.

(2) Part III of this Act shall not come into operation save by virtue of an order made under the immediately preceding sub-section.

PART III. The Cork Fever Hospital.

7 Existing committee's contribution.

7.—(1) The existing committee shall immediately upon the commencement of this Part of this Act pay to the Corporation any moneys paid to them under the Public Charitable Hospitals Acts, 1930 to 1932, and any accumulations on such moneys, less any part thereof actually expended before the date of the passing of this Act and any part thereof expended with the approval of the Minister after the date of the passing of this Act, and before the commencement of this Part of this Act, and the moneys required by this sub-section to be paid by the existing committee to the Corporation are in the subsequent provisions of this Act referred to as “the existing committee's contribution.”

(2) The existing committee's contribution shall be a debt due by the existing committee to the Corporation and may be recovered by the Corporation as a simple contract debt.

(3) The existing committee's contribution shall be applied by the Corporation for the purposes of making payments authorised by this Act to be made thereout and for no other purposes.

(4) So much of the existing committee's contribution as is not for the time being required to make payments authorised by this Act to be made thereout shall be invested by the Corporation in securities approved by the Minister, and any income arising from any such investments shall be added to and deemed for the purposes of this Part of this Act to form part of the existing committee's contribution.

8 Obligation of the Corporation to establish a new fever hospital.

8.—(1) Within such period as the Minister may fix the Corporation shall erect and establish a hospital for the treatment of patients suffering from infectious diseases to be known as the Cork Fever Hospital (in this Act referred to as the new fever hospital) in accordance with the scheme, as approved by the Minister, with such modifications, if any, as the Minister may on the application of the Corporation, from time to time sanction, and shall provide all necessary equipment for such hospital.

(2) For the purposes of establishing the new fever hospital the Corporation shall have the same powers of acquiring land as they have for the purposes of the Public Health Acts, 1878 to 1931, and those Acts, as amended by section 68 of the Act of 1925, shall apply and have effect accordingly with the modification that the advertisements mentioned in sub-section (2) of section 203 of the Public Health (Ireland) Act, 1878, maybe published in any month, and that the notices mentioned in the said sub-section shall be served in the succeeding month.

(3) For the purposes of the Cork City Management Act, 1929 (No. 1 of 1929), the making of an application for a modification of the scheme under this section shall be a reserved function.

(4) In this section the word “land” includes any easement or right in to or over land or water.

9 Expenses of existing committee.

9.—The expenditure incurred or to be incurred by the existing committee in the maintenance and management of the existing fever hospital shall not in any local financial year or portion of a year during the period between the commencement of this Part of this Act and the appointed day exceed such amount as may be agreed upon by the existing committee and the Corporation or in default of agreement as may be fixed by the Minister, and such expenses shall, in so far as the funds of the existing committee are insufficient to defray them, be defrayed by the Corporation.

10 Expenses of the Corporation in relation to the scheme.

10.—All expenses incurred by the Corporation in the preparation of the scheme and under the two immediately preceding sections shall in the first instance be defrayed out of the existing committee's contribution, and to the extent to which the existing committee's contribution is insufficient to defray those expenses, be defrayed out of the grant made for the benefit of the new fever hospital to the Corporation out of the Hospitals Trust Fund, and if the said contribution and grant are insufficient to defray those expenses, the following provisions shall have effect, that is to say:—

(a) the said insufficiency shall be raised and defrayed by the Corporation in the like manner in which expenses incurred by the Corporation in the execution of the Public Health Acts, 1878 to 1931, are raised and defrayed, and for this purpose the Corporation may borrow in like manner and subject to the like provisions as they may borrow for the purposes of the said Acts, and

(b) a sum equal to the said insufficiency shall, at such time or times and in such manner and with such interest thereon as the Minister may from time to time direct, be paid by the Cork Fever Hospital Board, established under this Part of this Act, to the Corporation.

11 The appointed day.

11.—(1) Not less than six months before the date on which the Corporation anticipate that the new fever hospital will be completed and ready for the reception of patients therein, the Corporation shall communicate to the Minister such date and the Minister shall thereupon fix the date (which shall not be earlier than the date so communicated to him) on which the hospital is to be established.

(2) References in this Part of this Act to the appointed day shall be construed as references to the day fixed by order of the Minister under this section.

(3) For the purposes of the Cork City Management Act, 1929 (No. 1 of 1929), the duty imposed by this section on the Corporation shall be a reserved function.

12 “Election year.”

12.—Every year which is declared by order of the Minister to be an election year for the purposes of this Part of this Act shall be an election year for the said purposes.

13 Constitution of the Cork Fever Hospital Board.

13.—(1) There shall be established on the appointed day a board (in this Act referred to as the Board) to be styled and known as the Cork Fever Hospital Board to fulfil the functions assigned to it by this Part of 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) The Board shall consist of—

(a) members (in this Act referred to as city members) elected, in accordance with this Act, by the city council,

(b) members (in this Act referred to as board of health members), elected, in accordance with this Act, by the board of health, and

(c) subject to the provisions of this section, members (in this Act referred to as extraordinary members) elected in accordance with this Act by the existing committee.

(4) Until the death, resignation or disqualification of the first extraordinary member to die, resign, or become disqualified after the appointed day the Board shall consist of—

(a) five city members,

(b) five, board of health members, and

(c) five extraordinary members.

(5) Upon the death, resignation or disqualification of each extraordinary member after the appointed day, the following provisions shall have effect—

(a) if such member is the first extraordinary member to die, resign, or become disqualified, the Board shall consist of—

(i) six city members,

(ii) five board of health members, and

(iii) four extraordinary members;

(b) if such member is the second extraordinary member to die, resign, or become disqualified, the Board shall consist of—

(i) six city members,

(ii) six board of health members, and

(iii) three extraordinary members;

(c) if such member is the third extraordinary member to die, resign, or become disqualified the Board shall consist of—

(i) seven city members,

(ii) six board of health members, and

(iii) two extraordinary members;

(d) if such member is the fourth extraordinary member to die, resign, or become disqualified, the Board shall consist of—

(i) seven city members,

(ii) seven board of health members, and

(iii) one extraordinary member;

(e) if such member is the fifth extraordinary member to die, resign, or become disqualified, the Board shall thereafter consist of—

(i) eight city members,

and

(ii) seven board of health members.

14 Qualification for city members and board of health members.

14.—(1) A person shall not be qualified to be elected a city member unless at the date of his election he is a member of the city council.

(2) A person shall not be qualified to be elected a board of health member unless at the date of his election he is a member of the board of health.

15 Election and term of office of city members.

15.—(1) The first election of city members shall take place on such day, not being more than three months nor less than one month before the appointed day, as the Minister may appoint for the purpose, and the city council shall at the said election elect five city members.

(2) The city council shall in every election year elect at the quarterly meeting of the city council held next after the 22nd day of June in that year such number of city members as the Board for the time being includes, and such election shall be included in the business to be transacted at every such quarterly meeting.

(3) The term of office of every city member elected at the first election of city members shall commence on the appointed day.

(4) The term of office of every city member (other than a city member elected at the first election of city members or a person elected to fill a casual vacancy amongst the city members) shall commence on the day next following the day of the quarterly meeting of the city council at which he was elected.

(5) Every city member (other than a person elected to fill a casual vacancy amongst the city members) shall unless he sooner dies, resigns, or becomes disqualified, hold office until the day next following the day of the next quarterly meeting of the city council at which the city council is required by this section to elect city members.

16 Election and term of office of board of health members.

16.—(1) The first election of board of health members shall take place on such day, not being more than three months nor less than one month before the appointed day, as the Minister may appoint for the purpose, and the board of health shall at the said election elect five board of health members.

(2) The board of health shall in every election year elect at the annual meeting of the board of health held in that year such number of board of health members as the Board for the time being includes, and such election shall be included in the business to be transacted at every such annual meeting of the board of health.

(3) The term of office of every board of health member elected at the first election of board of health members shall commence on the appointed day.

(4) The term of office of every board of health member (other than a board of health member elected at the first election of board of health members or a person elected to fill a casual vacancy amongst the board of health members) shall commence on the day next following the day of the annual meeting of the board of health at which he was elected.

(5) Every board of health member (other than a person elected to fill a casual vacancy amongst the board of health members) shall, unless he sooner dies, resigns or becomes disqualified, hold office until the day next following the day of the next annual meeting of the board of health at which the board of health are required by this section to elect board of health members.

17 Election and term of office of extraordinary members.

17.—(1) At a meeting of the existing committee to be held on such day, not being more than three months nor less than one month before the appointed day, as the Minister shall appoint for the purpose, the existing committee shall from amongst the members of the body corporate elect five extraordinary members.

(2) The term of office of every extraordinary member shall commence on the appointed day.

(3) Every extraordinary member shall hold office until his death, resignation, or disqualification, whichever first happens.

(4) If any person elected to be an extraordinary member dies or resigns before the appointed day, the Minister shall nominate a person who is a member of the body corporate before the appointed day to be an extraordinary member, and the person so nominated shall hold office from the appointed day or the date of his nomination (whichever is the later) until his death, resignation, or disqualification, whichever first happens.

18 Resignation and disqualification of members of the Board.

18.—(1) A member of the Board may at any time resign his office by letter sent to the Board and every such resignation shall take effect at the commencement of the meeting of the Board held next after the sending of such letter.

(2) Whenever a city member ceases to be a member of the city council he shall be disqualified for continuing to be and shall forthwith cease to be a city member.

(3) Whenever a board of health member ceases to be a member of the board of health he shall be disqualified for continuing to be and shall forthwith cease to be a board of health member.

(4) Article 12 of the Schedule to the Local Government (Application of Enactments) Order, 1898, as amended by any subsequent enactment, shall apply to the Board and the members thereof in like manner as it applies to a county council and the members thereof.

19 Casual vacancies amongst city members and board of health members.

19.—(1) Whenever a casual vacancy occurs amongst the city members the city council shall, as soon as conveniently may be, elect a person qualified to be elected a city member to fill such vacancy.

(2) Whenever a casual vacancy occurs amongst the board of health members, the board of health shall, as soon as conveniently may be, elect a person qualified to be elected a board of health member to fill such vacancy.

(3) A person elected to fill a casual vacancy amongst the city members shall, unless he sooner dies, resigns or becomes disqualified hold office until the day next following the day of the next quarterly meeting of the city council at which the city council are required by the Act to elect city members.