Dublin Fever Hospital Act , 1936

PART I Preliminary and General.

1 Short title.

1.—This Act may be cited as the Dublin Fever Hospital Act, 1936.

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 Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin;

the expression “the city council” means the council established for the City of Dublin by the Local Government (Dublin) Act, 1930 (No. 27 of 1930);

the expression “the hospital board” means the Dublin Fever Hospital Board established under this Act;

the expression “the board of health” means the Dublin Board of Public Health;

the expression “fever hospital” means a hospital for the treatment of patients suffering from infectious diseases;

the expression “convalescent home” means a home for the treatment of patients recovering from infectious diseases;

the expression “the body corporate” means the body incorporated by a charter granted on the 6th day of June, 1903, under the name of the House of Recovery and Fever Hospital, Cork Street, Dublin;

the expression “the existing committee” means the committee of management of the body corporate;

the expression “the existing hospital” means the fever hospital, the property of the body corporate, at Cork Street, Dublin;

the expression “the existing home” means the convalescent home, the property of the body corporate and known as the Beneavin Convalescent Home;

the expression “the new fever hospital” means the fever hospital to be established under Part III of this Act;

the expression “the appointed day” means the day appointed under this Act to be the appointed day for the purposes of this Act;

the word “remuneration” includes allowances and benefits (whether paid in money or given otherwise than in money) received by an officer in respect of his office;

the expression “election year” means a year commencing after the appointed day in which is held an election of all the members of the city council;

the word “land” includes any easement or right in to or over land or water;

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

3 The appointed day.

3.—The Minister may by order appoint a day to be the appointed day for the purposes of this Act.

4 The Dublin Fever Hospital Board (Extraordinary Members) Electorate.

4.—(1) There shall be established, on the date (in this section referred to as the said date) appointed by the Minister under Part II of this Act for the holding of the first election of extraordinary members, a body (in this Act referred to as the extraordinarymembers electorate) to be known as the Dublin Fever Hospital Board (Extraordinary Members) Electorate to fulfil the functions assigned to it by this Act.

(2) The extraordinary members electorate shall consist of a number of members equal to the number of trustees of the body corporate on the said date.

(3) The first members of the extraordinary members electorate shall be the persons who are the trustees of the body corporate on the said date.

(4) The term of office of the first members of the extraordinary members electorate shall commence on the said date, and the term of office of every other member shall commence on the date of his election.

(5) Every person who is a member of the extraordinary members electorate shall hold office until his death or resignation whichever first happens.

(6) Whenever a member of the extraordinary members electorate dies or resigns, the extraordinary members electorate shall, within three months after his death or resignation, elect such person as they think fit to be a new member of the extraordinary members electorate in place of the member so dying or resigning, and if a new member is not so elected the Minister may nominate such person as he thinks fit to be a new member of the extraordinary members electorate, and the person so nominated shall be deemed to have been elected by the extraordinary members electorate.

(7) The extraordinary members electorate may act notwithstanding any vacancy in its membership.

(8) The extraordinary members electorate may regulate its own procedure.

(9) The extraordinary members electorate may appoint a person to act as its secretary.

(10) Any expenses incurred by the extraordinary members electorate under this Act shall, to such extent as may be sanctioned by the Minister, be paid by the hospital board and shall be deemed to be part of the establishment expenses.

5 Local inquiries.

5.—(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.

6 Expenses of the Minister.

6.—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. The Dublin Fever Hospital Board.

Establishment and Constitution of the Hospital Board.

7 Establishment of the hospital board.

7.—(1) There shall be established on the appointed day a board (in this Act referred to as the hospital board) to be styled and known as the Dublin Fever Hospital Board to fulfil the functions assigned to it by this Act.

(2) The hospital 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.

8 Constitution of the hospital board.

8.—The hospital board shall consist of—

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

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

(c) seven members (in this Act referred to as extraordinary members) elected, in accordance with this Act, by the extraordinary members electorate, and

(d) three members (in this Act referred to as appointed members) appointed, in accordance with this Act, by the Minister.

9 Qualifications for membership.

9.—(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.

(3) A person shall not be qualified to be elected an extraordinary member unless at the date of his election he is a member of the extraordinary members electorate.

10 Election and term of office of city members.

10.—(1) The first election of city members shall take place on such day, not being less than one month before the appointed day, as the Minister may appoint for the purpose, and the Corporation shall at the said election elect seven city members.

(2) The Corporation shall in every election year elect seven city members at the quarterly meeting of the city council held next after the 22nd day of June in that year, 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 Corporation is required by this section to elect city members.

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

11.—(1) The first election of board of health members shall take place on such day, not being 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 three board of health members.

(2) The board of health shall in every election year elect three board of health members at the annual meeting of the board of health held in that year 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.

12 Election and term of office of extraordinary members.

12.—(1) At a meeting of the extraordinary members electorate to be held on such day, not being less than one month before the appointed day, as the Minister shall appoint for the purpose, the extraordinary members electorate shall from amongst its members elect seven extraordinary members.

(2) The extraordinary members electorate shall in every election year elect from amongst its members seven extraordinary members at a meeting of the extraordinary members electorate held in that year on such date as the Minister shall direct.

(3) If the extraordinary members electorate, on any occasion on which it is required by either of the two immediately preceding sub-sections to elect seven extraordinary members fail to elect seven extraordinary members, the Minister shall, as soon as may be nominate that number or such less number as the circumstances require of persons to be extraordinary members and the persons so nominated shall be deemed to have been elected on the said occasion by the extraordinary members electorate as extraordinary members.

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

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

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

13 Appointment and term of office of appointed members.

13.—(1) The Minister, by order made before the appointed day, shall appoint three persons to be appointed members, and the term of office of such appointed members shall commence on the appointed day.

(2) In every election year the Minister shall by order appoint three persons to be appointed members.

(3) The term of office of every appointed member (other than an appointed member who was appointed before the appointed day or a person appointed to fill a casual vacancy amongst the appointed members) shall commence on the day after the making of the order by which he was appointed.

(4) Every appointed member (other than a person appointed to fill a casual vacancy amongst the appointed members) shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the day after the making of an order under this section appointing persons to be appointed members in the election year next after the year in which his term of office commenced.

14 Vacancies occurring before the appointed day.

14.—For the purposes of this Act a casual vacancy in the membership of the hospital board shall be deemed to have happened if any person elected or appointed to be a member of such board dies, resigns or becomes disqualified before the appointed day, and the term of office of the person elected or appointed to fill such a casual vacancy shall commence either on the appointed day or on the day next following the day on which he is so elected, or appointed, whichever of such days shall be the later.

15 Resignation and disqualification of members.

15.—(1) A member of the hospital board may at any time resign his office by letter sent to the hospital board and every such resignation shall take effect at the commencement of the meeting of the hospital 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 being 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 being and shall forthwith cease to be a board of health member.

(4) Whenever an extraordinary member ceases to be a member of the extraordinary members electorate he shall be disqualified for being and shall forthwith cease to be an extraordinary member.

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

16 Casual vacancies.

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

(4) Whenever a casual vacancy occurs amongst the appointed members the Minister shall by order, as soon as may be, appoint a person to be an appointed member to fill such vacancy.

(5) 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 Corporation is required by this Act to elect city members.

(6) 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 Act to elect board of health members.

(7) A person elected to fill a casual vacancy amongst the extraordinary members shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the day next following the day of the next meeting of the extraordinary members electorate in an election year at which the extraordinary members electorate are required by this Act to elect seven extraordinary members.

(8) A person appointed to fill a casual vacancy amongst the appointed members shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the day after the making of an order in an election year appointing persons to be appointed members, otherwise than for the purpose of filling casual vacancies.

Proceedings of the Hospital Board.

17 Meetings of the Hospital board.

17.—(1) The hospital board shall hold its first meeting on the appointed day at such time and in such place as the Minister may appoint.

(2) The hospital board shall in every year commencing after the appointed day hold a meeting (in this Act referred to as an annual meeting) on such date as the Minister may appoint.

(3) The hospital board shall hold at least one meeting in every month.

(4) Subject to the provisions of this section, the hospital board shall hold such and so many meetings as may be necessary for the exercise and performance of its powers and duties.

18 Chairman and vice-chairman of the hospital board.

18.—(1) The hospital board shall, at its first meeting and also at every annual meeting, elect one of its members to be chairman of the hospital board and another of its members to be vice-chairman of the hospital board.

(2) Every person elected to be chairman or vice-chairman of the hospital 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 hospital 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 hospital board may at any time resign his office as chairman or vice-chairman by letter addressed to the hospital board, and every such resignation shall take effect at the commencement of the meeting of the hospital board held next after the receipt of such resignation by the hospital board.

(5) Whenever the chairman or the vice-chairman of the hospital board ceases during his term of office as such chairman or vice-chairman to be a member of the hospital board he shall be disqualified for being and shall forthwith cease to be such chairman or vice-chairman.

(6) Whenever at the election of chairman of the hospital board, there is an equality of votes for two or more persons, one of these persons shall be elected by lot.

19 Procedure at meetings.