Health Authorities Act , 1960

1 Interpretation.

1.—(1) In this Act—

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

“the Dublin Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

“the Dún Laoghaire Corporation” means the Corporation of Dún Laoghaire;

“functions” includes powers and duties;

“the Limerick Corporation” means the Mayor, Aldermen and Burgesses of Limerick;

“the Minister” means the Minister for Health;

“sanitary authority” has the same meaning as in the Local Government (Sanitary Services) Acts, 1878 to 1952;

“the Waterford Corporation” means the Mayor, Aldermen and Burgesses of Waterford.

(2) A reference in this Act to performance of functions includes, with respect to powers, a reference to exercise of powers.

(3) A reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

2 Dublin Health Authority.

2.—(1) There is hereby established a body which shall be known as the Dublin Health Authority.

(2) The Dublin Health Authority shall consist of nine members appointed by the council of the county of Dublin, fifteen members appointed by Dublin Corporation and three members appointed by the Dún Laoghaire Corporation.

(3) The Minister may by regulations substitute different numbers for all or any of the numbers specified in subsection (2) of this section and, while any such regulations are in force, that subsection shall have effect accordingly.

(4) The functional area of the Dublin Health Authority shall consist of the county borough of Dublin and the administrative county of Dublin, together with, with respect to functions related to the operation of services under the Mental Treatment Acts, 1945 to 1958, the administrative county of Wicklow.

(5) (a) Three members of the council of the county of Wicklow shall be appointed by resolution by that council for the purposes of this subsection.

(b) The persons appointed pursuant to this subsection shall be entitled to be present at meetings of the Dublin Health Authority and, as respects business at any such meeting relating to the Mental Treatment Acts, 1945 to 1958, to take part in discussions and to vote in like manner as if they were members of the Dublin Health Authority.

(c) The following provisions shall have effect for the purpose of this subsection:

(i) the appointment of persons shall be carried out, in the case of the first appointment, at the meeting of the council of the county of Wicklow held next after the establishment of the Dublin Health Authority, and thereafter at the annual meeting of the council held next after every quinquennial election of members of the council;

(ii) every person appointed shall hold office as a person appointed for the purposes of this subsection (unless he sooner dies, resigns or becomes disqualified) until the day after his successor has been appointed;

(iii) where a person appointed ceases to be, or is disqualified for being, a member of the council, he shall also cease to be, or be disqualified for being, appointed for the purposes of this subsection;

(iv) a person appointed may resign by giving notice in writing signed by him to the secretary of the council, but the resignation shall not become effective until the meeting of the council held next after the receipt of the notice given to the secretary;

(v) a casual vacancy occurring among the persons appointed shall be filled by the council within one month after the occurrence of the vacancy or within such further time as the Minister may allow.

(6) (a) Subsection (5) of this section shall cease to have effect on its being so provided by order made by the Minister.

(b) An order under this subsection shall not be made save upon request made by the council of the county of Wicklow by resolution.

(7) Where it is proposed to make regulations under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

3 Cork Health Authority.

3.—(1) There is hereby established a body which shall be known as the Cork Health Authority.

(2) The Cork Health Authority shall consist of twenty-eight members appointed by the council of the county of Cork and twelve members appointed by the Cork Corporation.

(3) The Minister may by regulations substitute a different number for either of the numbers specified in subsection (2) of this section, or substitute different numbers for both of those numbers, and, while any such regulations are in force, that subsection shall have effect accordingly.

(4) The functional area of the Cork Health Authority shall consist of the county borough of Cork and the administrative county of Cork.

(5) Where it is proposed to make regulations under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

4 Limerick Health Authority.

4.—(1) There is hereby established a body which shall be known as the Limerick Health Authority.

(2) The Limerick Health Authority shall consist of fifteen members appointed by the council of the county of Limerick and eight members appointed by the Limerick Corporation.

(3) The Minister may by regulations substitute a different number for either of the numbers specified in subsection (2) of this section, or substitute different numbers for both of those numbers, and, while any such regulations are in force, that subsection shall have effect accordingly.

(4) The functional area of the Limerick Health Authority shall consist of the county borough of Limerick and the administrative county of Limerick.

(5) Where it is proposed to make regulations under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

5 Waterford Health Authority.

5.—(1) There is hereby established a body which shall be known as the Waterford Health Authority.

(2) The Waterford Health Authority shall consist of twelve members appointed by the council of the county of Waterford and seven members appointed by the Waterford Corporation.

(3) The Minister may by regulations substitute a different number for either of the numbers specified in subsection (2) of this section, or substitute different numbers for both of those numbers, and, while any such regulations are in force, that subsection shall have effect accordingly.

(4) The functional area of the Waterford Health Authority shall consist of the county borough of Waterford and the administrative county of Waterford.

(5) Where it is proposed to make regulations under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

6 General provisions relating to authority.

6.—The following provisions shall have effect in relation to a health authority established by this Act:

(a) the authority shall be a body corporate with perpetual succession;

(b) the authority may sue and be sued in their corporate name and may hold and dispose of land;

(c) the authority shall provide and have a common seal and all courts of justice shall take judicial notice of such seal;

(d) notwithstanding anything contained in any other Act, the members of the authority who are appointed by the council of a county shall be members of that council and the members of the authority who are appointed by the corporation of a county or other borough shall be members of the city or borough council for that borough;

(e) the Rules set out in the First Schedule to this Act shall apply in relation to the authority.

7 Performance of certain functions.

7.—(1) A health authority established by this Act shall perform all the functions which, immediately before such establishment were performed by the relevant local authorities under, in relation to the operation of services provided under, or in connection with the administration of, the following enactments:

(a) the Health Acts, 1947 to 1958,

(b) the Mental Treatment Acts, 1945 to 1958,

(c) the Public Assistance Act, 1939,

(d) the Births and Deaths Registration Acts, 1863 to 1952,

(e) the Notification of Births Acts, 1907 and 1915,

(f) the Acts relating to the registration of marriages,

(g) the Sale of Food and Drugs Acts, 1875 to 1936,

(h) Part I of the Children Act, 1908, and sections 2 and 3 of the Children (Amendment) Act, 1957,

(i) the Rats and Mice (Destruction) Act, 1919,

(j) the Blind Persons Act, 1920,

(k) the State Lands (Workhouses) Act, 1930,

(l) the Registration of Maternity Homes Act, 1934,

(m) the Midwives Act, 1944, as amended by the Nurses Act, 1950 and section 60 of the Nurses Act, 1950,

(n) section 3 of the Housing (Amendment) Act, 1946,

(o) the Adoption Act, 1952.

(2) In subsection (1) of this section “the relevant local authorities” means—

(a) with respect to the Dublin Health Authority—the council of the county of Dublin, the Dublin Corporation, the Dublin Board of Assistance, the Rathdown Board of Assistance, the Balrothery Board of Assistance and the Grangegorman Mental Hospital Board;

(b) with respect to the Cork Health Authority—the council of the county of Cork, the Cork Corporation, the Board of Public Assistance for the South Cork Public Assistance District, the Cork Sanatoria Board and the Cork Mental Hospital Board;

(c) with respect to the Limerick Health Authority—the council of the county of Limerick, the Limerick Corporation and the Limerick Mental Hospital Board;

(d) with respect to the Waterford Health Authority—the council of the county of Waterford, the Waterford Corporation, the Board of Public Assistance for the Waterford Public Assistance District and the Waterford Mental Hospital Board.

(3) Where, with respect to a public general infirmary for a county and a county borough included in the functional area of a health authority established by this Act, there existed, immediately before the establishment of the health authority, any function under statute of a local authority to make any payment to the infirmary, that function shall, on such establishment, become by virtue of this subsection a function of the health authority.

(4) Notwithstanding anything contained in the Public Assistance Act, 1939, the functional area of a health authority established by this Act shall, on such establishment, become a public assistance district for the purposes of that Act and the health authority shall be the public assistance authority for the public assistance district.

8 Application of certain Acts.

8.—(1) A health authority established by this Act shall be a joint body within the meaning and for the purposes of the County Management Acts, 1940 to 1955.

(2) A health authority established by this Act shall be a local authority within the meaning and for the purposes of—

(a) the Local Government Acts, 1925 to 1959,

(b) the Local Authorities (Combined Purchasing) Act, 1925,

(c) the Local Authorities (Mutual Assurance) Acts, 1926 to 1935,

(d) the Local Authorities (Officers and Employees) Acts, 1926 and 1940,

(e) the Juries Act, 1927,

(f) the Local Authorities (Miscellaneous Provisions) Act, 1936,

(g) the Local Authorities (Combined Purchasing) Act, 1939,

(h) the Local Government (Superannuation) Act, 1948, and the Local Government (Superannuation) Act, 1956.

(3) The Minister shall perform—

(a) ministerial functions under the Local Authorities (Officers and Employees) Act, 1926 (except section 12), the Local Authorities (Officers and Employees) (Amendment) Act, 1940, and the Local Government Acts, 1925 to 1959, in relation to the following offices and employments and holders thereof, that is to say, offices and employments under a health authority established by this Act other than those in respect of which ministerial functions under the said Acts are for the time being vested in the Minister for Social Welfare, and

(b) ministerial functions under Part IV of the Local Government Act, 1941, in relation to a health authority established by this Act,

but ministerial functions with respect to the remuneration of the Chief Executive Officer of the Dublin Health Authority shall not be performed by the Minister save after consultation with the Minister for Local Government.

9 Amendment of meaning of “health authority”.

9.—The expression “health authority” in any Act passed before the commencement of this section, or in any order, regulation or other instrument made before the commencement of this section in exercise of a power conferred by any such Act, shall—

(a) include a health authority established by this Act, and

(b) not include the council of a county or corporation of a county borough who appoint members of a health authority established by this Act.

10 Local committees.

10.—(1) (a) Where a local authority (whether the council of a county or the corporation of a county or other borough) who appoint members of a health authority established by this Act by resolution so decide, there shall stand established a local committee of the health authority for, in case the local authority are the council of the county of Dublin, the County Health District of Dublin or, in any other case, the functional area of the local authority, and the members of the committee shall consist of the members of the health authority appointed by the local authority and such other persons as the local authority may appoint from time to time (being, notwithstanding anything contained in any other Act, members of the council of the county or the city or borough council for the borough).

(b) Where the council of a county who appoint members of a health authority established by this Act by resolution so decide, there shall stand established a local committee of the health authority for a specified part, in case the council are the council of the county of Dublin, of the County Health District of Dublin or, in any other case, of the county, and the members of the committee shall consist of such of the members of the health authority appointed by the council as are representative of that part of the County Health District of Dublin or the county and such other persons (being, notwithstanding anything contained in any other Act, members of the council and being representative of that part of the County Health District of Dublin or the county) as the council may from time to time appoint.

(c) Not more than three committees shall stand established under this subsection at the same time at the instance of the same council of a county.

(2) (a) In relation to the area for which a committee of a health authority under this section was established and as respects such services as, in the case of the committee, are specified by regulations made by the Minister for the purpose of this subsection, there shall stand delegated to the committee the functions of the members of the health authority under section 27 of the County Management Act, 1940, and section 2 of the City and County Management (Amendment) Act, 1955, and, where appropriate for the purposes of the said delegation, any reference in those sections to an elective body shall be construed as including a reference to the committee.

(b) The fact that functions of a health authority stand delegated under the foregoing paragraph shall not prevent the health authority from themselves exercising those functions.

(3) The quorum, procedure and place of meeting of a committee established under this section shall be such as may be appointed by rules to be made by the local authority who appointed the committee.

11 Expenses generally.

11.—(1) The expenses (other than those incurred under the Public Assistance Act, 1939) of the Dublin Health Authority shall be contributed as follows:

(a) for the local financial year in which the Dublin Health Authority are established—by the Dublin Corporation and the councils of the counties of Dublin and Wicklow in such proportions as those authorities may agree upon with the consent of the Minister or, failing such agreement being made within a period of six months (or such longer period as may be approved of by the Minister) after the day of the establishment of the Dublin Health Authority, in such proportions as may be determined by a person appointed for the purpose by the Minister;

(b) for subsequent local financial years—by the Dublin Corporation, the Dn Laoghaire Corporation and the councils of the counties of Dublin and Wicklow in such proportions as those authorities may agree upon with the consent of the Minister or, failing such agreement being made within a period of six months (or such longer period as may be approved of by the Minister) after the day of the establishment of the Dublin Health Authority, in such proportions as may be determined by a person appointed for the purpose by the Minister.

(2) (a) For the local financial year in which the Dublin Health Authority are established—

(i) the Dublin Corporation shall supply to the Authority the moneys required to meet the expenses incurred by the Authority under the Public Assistance Act, 1939, in relation to persons in the county borough of Dublin, and

(ii) the council of the county of Dublin shall supply to the Authority the moneys required to meet the expenses so incurred in relation to persons in the county of Dublin.

(b) For subsequent local financial years—

(i) the Dublin Corporation shall supply to the Dublin Health Authority the moneys required to meet the expenses incurred by the Authority under the Public Assistance Act, 1939, in relation to persons in the county borough of Dublin,

(ii) the council of the county of Dublin shall supply to the Authority the moneys required to meet the expenses so incurred in relation to persons in the County Health District of Dublin, and

(iii) the Dún Laoghaire Corporation shall supply to the Authority the moneys required to meet the expenses so incurred in relation to persons in the borough of Dún Laoghaire.