Health Authorities Act , 1960

SECOND SCHEDULE Sections substituted for Sections 9 and 10 of City and County Management (Amendment) Act, 1955

Estimate Of Expenses.

(a) in the case of a local authority having an estimates committee, by the committee, and

(b) in any other case, by the manager.

(2) The manager shall, so far as is not inconsistent with the due performance of his other duties attend every meeting of the estimates committee of a local authority and shall furnish such information, assistance and advice to the committee as is required by them in the performance of their functions.

(3) Where the manager considers that a provisional estimate of expenses prepared by the estimates committee of a local authority (whether by reference to the whole of the estimate or to any part or parts thereof) would, if confirmed and subsequently adopted, seriously prejudice the efficient or economical performance of the functions of the local authority, the manager shall prepare a separate report specifying the provision which in his opinion is necessary.

(4) In the event of a provisional estimate of expenses not having been prepared by the estimates committee of a local authority pursuant to paragraph (a) of subsection (1) of this section, the manager shall himself prepare such estimate.

(5) Where it would be inconsistent with the due performance of his other duties for the manager to attend a meeting of the estimates committee of a local authority, he shall designate an officer of the local authority to attend the meeting in his place.

(6) A provisional estimate of expenses shall be considered by the local authority at a meeting (in this Act referred to as a provisional estimates meeting) of the local authority at which the manager shall be present and which shall be held during the prescribed period and of which not less than seven days' notice shall have been given to every person who is a member of the local authority when such notice is given.

(7) Not less than seven days before the day on which a provisional estimates meeting of a local authority is to be held, the manager shall—

(a) deposit in the offices of the local authority a copy of the provisional estimate of expenses,

(b) send a copy of the provisional estimate of expenses, together with a copy of any separate report under subsection (3) of this section, to every person who is, on the day before the commencement of the said seven days, a member of the local authority, and

(c) give public notice in the prescribed manner of the fact that the provisional estimate of expenses has been made and that a copy thereof has been deposited as aforesaid.

(8) A copy of a provisional estimate of expenses which is deposited in pursuance of this section in the offices of a local authority may be inspected free of charge by any member of the public at any time while those offices are open for the transaction of official business, and the manager shall supply to a person making application to him therefor a copy of the provisional estimate of expenses at the price of one shilling per copy.

(9) At a provisional estimates meeting of a local authority or at an adjournment thereof, the local authority—

(a) may by resolution amend, whether by addition, omission or variation, the provisional estimate of expenses,

(b) shall by resolution confirm the provisional estimate of expenses either (as the case may require) without amendment or with the amendments made therein under paragraph (a) of this subsection, and

(c) shall prepare and by resolution adopt, in accordance with the provisional estimate of expenses as so confirmed, drafts of such demands or other instruments as would be appropriate for obtaining the money to meet the amounts specified in such estimate.

(10) A local authority may adjourn a provisional estimates meeting as often as they wish, subject to the limitation that no such adjournment shall be to a day not within the period of twenty-one days beginning on the day on which the provisional estimates meeting begins.

(11) A provisional estimate of expenses as confirmed under subsection (9) of this section is referred to in this Act as an estimate of expenses.

(12) Where the manager considers that an estimate of expenses (whether by reference to the whole of the estimate or to any part or parts thereof) would, if adopted, seriously prejudice the efficient or economical performance of the functions of the local authority, the manager shall prepare a separate report specifying the provision which in his opinion is necessary.

Estimates meeting.

(2) Not less than twenty-one days before the day on which an estimates meeting of a local authority is to be held, the manager shall send to each rating authority concerned—

(a) a copy of the estimate of expenses,

(b) a copy of any separate report under subsection (12) of section 9 of this Act, and

(c) copies of the drafts prepared under subsection (9) of that section, and each such rating authority may, during the said twenty-one days, make, by resolution, recommendations to the local authority for the amendment, whether by addition, omission or variation, of the estimate of expenses.

(3) At an estimates meeting of a local authority, the local authority—

(a) may by resolution amend, whether by addition, omission or variation, the estimate of expenses,

(b) shall by resolution adopt the estimate of expenses either (as the case may require) without amendment or with the amendments made therein under paragraph (a) of this subsection, and

(c) shall prepare and by resolution adopt, in accordance with the estimate of expenses as so adopted, the demands or other instruments whereby the money to meet the expenses of the elective body in the local financial year then next ensuing is to be obtained.

THIRD SCHEDULE. Provisions consequential on the Dissolution of certain Boards.

Transfer of property.

(2) All property transferred by this paragraph which, immediately before the commencement, was standing in the books of any bank or was registered in the books of any bank, corporation, or company in the name of the board shall, upon the request of the authority made at any time after the commencement, be transferred in such books by such bank, corporation or company into the name of the authority.

(3) After the commencement, every chose-in-action transferred by this paragraph from the board to the authority may be sued upon, recovered, or enforced by the authority in their own name and it shall not be necessary for the authority to give notice to the person bound by such chose-in-action of the transfer effected by this paragraph.

Transfer of liabilities.

(2) The dissolution of the board shall not invalidate or effect any paying order which may have been issued by the board and not presented for payment before the commencement or any authority given by the board for the payment of the amount of such paying order, and the authority shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the commencement.

Preservation of continuing contracts.

Continuance of rules and regulations.

Continuance of resolutions, etc.

Continuance of pending legal proceedings.

Admissibility in evidence of books.

(2) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any statute to be kept by the board would, if verified in a particular manner by a particular officer of the board, have been admissable immediately before the commencement as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if verified in such particular manner by the officer of the authority corresponding to such particular officer, be admitted, after the commencement, as evidence of such contents to the same extent as such first-mentioned extract or certificate would have been so admitted if this Act had not been passed.

Audit of accounts.

(2) Every officer of the board or of any committee thereof whose duty it is to make up any accounts of or to account for any portion of the income or expenditure of the board and also every member of the board or of any such committee shall, until the audit of the accounts of such income and expenditure up to the commencement is complete, be deemed for the purposes of such audit to continue in office and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as if this Act had not been passed.

Transfer of officers.

Preservation of contracts of service.

FOURTH SCHEDULE. Reserved Property.

Property Vested in the Dublin Fever Hospital Board.

The hereditaments and premises demised by an Indenture of Lease dated the 26th day of February, 1936, made between the Right Honourable Reginald Earl of Pembroke and Montgomery of the first part, the Right Honourable Sidney Charles Herbert of the second part and The House of Recovery and Fever Hospital Cork Street Dublin of the third part and therein described as “All and Singular that piece or plot of ground situate in the Parish of Saint Peter and City of Dublin measuring in front to Baggot Street Lower twenty three feet one inch in breadth in the rere twenty two feet six inches and in depth from front to rere on the North West side one hundred and sixty feet six inches and on the South East side one hundred and sixty feet two inches be the said several admeasurements more or less bounded on the South West by Baggot Street Lower aforesaid on the North East by James' Lane and on the North West and South East by other parts of the said holding of William Bush Lessee with the messuage and buildings erected thereon and known as number 51 Baggot Street Lower which said premises are shown on the plan annexed to these presents and thereon edged with red And also the cellars connected with the said premises so far as the lessor has power to grant the same but not further or otherwise”.

The hereditaments and premises demised by an Indenture of Lease dated the 31st day of December, 1941, made between the Dublin Fever Hospital of Cork Street in the City of Dublin of the one part and Philip Ryan of the other part and therein described as “All that and those that plot or piece of ground situate in the Parish of Saint Peter and city of Dublin measuring in front to East James's Street forty-four feet one inch in breadth in the rere forty-one feet eleven inches and in depth from front to rere on the North East side twenty-six feet three inches and on the South West to Baggot Street Lower fourteen feet eight and one-half inches be the said several admeasurements more or less bounded on the North West by East James's Street aforesaid on the North East by premises in the occupation of the Lessor on the South East by the holding of James Daly Lessee and on the South West by Baggot Street Lower aforesaid with the messuages and buildings erected thereon and known as Number one East James's Street which said premises are shown on the plan annexed to these presents and thereon edged with red and also the cellars underneath the premises Numbers 1 and 2 East James Street aforesaid as coloured blue on the said map so far as the Lessors have the power to grant same but not further or otherwise and also the staircase formerly being part of Number 2 East James Street, but which has been cut off from Number 2 East James Street many years ago as the same has been enjoyed by the occupier of Number 1 East James Street for many years past as coloured yellow on the said map”.

£1,049 C.I.E. Transport Stock, 1975/85.

£1,200 4 Pim Bros. Debentures.

£4,300 3 Rathmines and Rathgar Stock.

£7,408 13s. 3 War Loan.

£100 4 Dublin South City Market Debentures.

£1,152 13s. 6d. 3 Exchequer Bonds, 1965/70.

£3,650 4 National Loan, 1973/78.

£10,968 5 National Development Loan.

£19,024 12s. 2d. 6 National Loan, 1967.

£3,154 6s. 8d. 3 National Security Loan, 1956 /61.

£1,821 4 Land Bonds.

Cash: £2,057 17s. 4d.

Property not vested in the Dublin Fever Hospital Board.

£812 15s. 9d. 3 Exchequer Bonds 1965/70 and £277 2s. 0d. Bank of Ireland Stock held by the Commissioners of Charitable Donations and Bequests in Ireland by reference to the will of Daniel Mulligan, deceased.

£358 14s. 4d. 4 National Loan, 1975/80 and £41 19s. 1d. 3 Exchequer Bonds 1965/70, held by the Commissioners of Charitable Donations and Bequests in Ireland by reference to the will of Dame Elizabeth Hutchinson, deceased.

£500 Bank of Ireland Stock held by the Accountant of the Courts of Justice by reference to the will of Hugh Blayney, deceased.

The undivided share, of the property held by the trustees acting pursuant to the will of George Burroughs, deceased, by reference to which the rent charge of £27 13s. 10d. is paid to the Dublin Fever Hospital Board.