Hospitals Federation and Amalgamation Act , 1961

1 Interpretation.

1.—(1) In this Act—

“the Act of 1729” means the pre-Union Irish Statute passed in the year 1729 entitled “Act for furnishing and regulating the Hospital founded by Richard Stephens, Esquire, Doctor of Physic” (3Geo. II, c. 23);

“the Act of 1750” means the pre-Union Irish Statute passed in the year 1750 and entitled “An Act for regulating the Hospital founded by Mary Mercer, Spinster” (23 Geo. II, c. 18);

“the Act of 1800” means the pre-Union Irish Statute passed in the year 1800 and entitled “An Act for repealing an Act passed in the twenty-fifth Year of his present Majesty, entitled An Act for establishing a complete School of Physic in this Kingdom; and also for repealing an Act passed in the thirty-first Year of his present Majesty, entitled an Act to explain and amend an Act for establishing a complete School of Physic in this Kingdom and also for extending and enlarging the Powers of the President and Fellows of the King and Queen's College of Physicians, and establishing a complete School of Physic in this Kingdom” (40 Geo. III, c. 84);

“the Board of Management of the Adelaide Hospital” means the Board in whom the management of the Adelaide Hospital is vested under the Charter dated the 15th day of February, 1921, by which that Hospital was constituted;

“the Board of Governors of the National Children's Hospital” means the Board established by the Articles of Association of the National Children's Hospital in whom the management of the business of that Hospital is vested;

“the Board of Directors of the Royal City of Dublin Hospital” means the Board established by the Deed of Co-Partnership of 1875 in whom the general management, care and superintendence of the Royal City of Dublin Hospital is vested;

“the Council” has the meaning specified in subsection (1) of section 5;

“the Deed of Co-Partnership of 1875” means the Indenture made on the 12th day of January, 1875, between Henry Gray Croly, John Hawtrey Benson, Loftie Stoney, William Ireland Wheeler, Arthur Edward J. Barket, John Magee Finny, and Henry Fitzgibbon of the First part, Alfred Hancock Middleton of the second part, and Joseph Boyce, Joseph W. Casson, Jonathan Hogg, Edward Hudson Kinahan, Francis Low, Joseph Manning, Archibald McComas, Thomas Pim, junior, John Robinson, John J. Robertson, Robert Stanley, Alfred Clayton Thistleton, John E. Vernon, and William Watson of the third part, and the said Edward Hudson Kinahan, Jonathan Hogg and Thomas Pim, junior, of the fourth part;

“the establishment day” means the day appointed to be the establishment day for the purposes of this Act by order of the Minister under section 2;

“functions” includes powers and duties;

“the governing body” means—

(a) in relation to the Adelaide Hospital—the Board of management of the Adelaide Hospital,

(b) in relation to the Meath Hospital—the joint committee of that Hospital,

(c) in relation to Mercer's Hospital—the members of the body corporate established by the Act of 1750,

(d) in relation to the National Children's Hospital—the Board of Governors of the National Children's Hospital,

(e) in relation to the Royal City of Dublin Hospital—the Board of Directors of the Royal City of Dublin Hospital,

(f) in relation to Sir Patrick Dun's Hospital—the Governors of Sir Patrick Dun's Hospital,

(g) in relation to Dr. Steevens' Hospital—the members of the body corporate established by the Act of 1729;

“the Governors of Sir Patrick Dun's Hospital” means the board in whom the government of Sir Patrick Dun's Hospital is vested by section 4 of the Act of 1800;

“hospital board” has the meaning specified in section 6;

“the Minister” means the Minister for Health;

“the Meath Hospital” means the Meath Hospital or County of Dublin Infirmary;

“participating hospitals” means the hospitals specified in the First Schedule;

“prescribed” means prescribed by the Council by regulations;

“transfer day” means the day appointed to be the transfer day for the purposes of this Act by order of the Minister under subsection (1) of section 3;

“visiting medical staff”, in relation to a hospital or hospitals, includes all physicians, surgeons and other visiting medical practitioners (other than house officers, casualty officers and registrars) who attend the hospital or hospitals, either in the wards or in specialists' or out-patient departments.

(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 Establishment day.

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

3 Transfer day.

3.—(1) The Minister may, at the request of the Council, by order appoint a day to be the transfer day for the purposes of this Act.

(2) (a) A request under subsection (1) of this section shall not be made save with the consent of two-thirds of such of the following hospital boards as exist when the request is made, that is to say:

(i) the hospital board of the Adelaide Hospital,

(ii) the hospital board of the Meath Hospital,

(iii) the hospital board of Mercer's Hospital,

(iv) the hospital board of the National Children's Hospital,

(v) the hospital board of the Royal City of Dublin Hospital,

(vi) the hospital board of Sir Patrick Dun's Hospital,

(vii) the hospital board of Dr. Steevens' Hospital.

(b) Where the calculation of two-thirds pursuant to paragraph (a) of this subsection gives a whole number and a fractional remainder, the next higher whole number shall be taken as the result of the calculation.

(c) Where two or more hospital boards are amalgamated under section 16 of this Act, paragraph (a) of this subsection shall have effect as if the subparagraphs in that paragraph referring to those boards were deleted and, for the first of those subparagraphs, there were substituted a subparagraph referring to the board into which those boards are amalgamated.

(3) Where a hospital board has not given its consent to a request made under subsection (1) of this section—

(a) the Minister shall inform the board of the request having been made and shall not make an order under subsection (1) of this section before the expiration of one month after the board have been so informed,

(b) the board may, within the said month, resolve that the hospital of the board shall cease to be a member of the Federated Dublin Voluntary Hospitals,

(c) if the board resolve as aforesaid, the Minister shall by order effect the cesser of the membership of the hospital of the Federated Dublin Voluntary Hospitals and shall not, until after the commencement of such order, make an order under subsection (1) of this section,

(d) an order made under the foregoing paragraph may—

(i) contain all such provisions as appear to the Minister to be necessary or expedient for the purpose of effecting the cesser, including provisions modifying any of the provisions of this Act,

(ii) provide for the cesser of any amendments which have been made by or under this Act in any Act or instrument specified in the Third Schedule to this Act relating to the hospital,

(iii) provide for any modifications in any such Act or instrument which the board may have proposed to the Minister.

(4) Where the hospital of a hospital board which will be dissolved on the transfer day is of a particular denominational character, the Council shall, before the transfer day, enter into such agreement with the board as will preserve the rights conferred in the case of the hospital by subsection (3) of section 14 of this Act, and the agreement shall be binding on the Council after the transfer day.

4 Federated Dublin Voluntary Hospitals.

4.—(1) There shall, by virtue of this section, be established on the establishment day a hospital group which shall be known as the Federated Dublin Voluntary Hospitals and the members of which shall be the participating hospitals.

(2) The Minister may, by order made on the request of the Council, change the name of the said hospital group.

5 Central Council of Federated Dublin Voluntary Hospitals.

5.—(1) There shall, by virtue of this section, be established on the establishment day a body which shall be known as the Central Council of the Federated Dublin Voluntary Hospitals (in this Act referred to as the Council) and which shall be charged with the performance of the functions assigned to it by the subsequent provisions of this Act.

(2) The Council shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.

(3) The Council may build, equip, maintain and administer hospitals.

(4) The Council shall provide and have an official seal.

(5) The seal of the Council shall be authenticated by the signature of the chairman or vice-chairman of the Council and the signature of an officer of the Council duly authorised by the Council to act in that behalf.

(6) Judicial notice shall be taken of the seal of the Council, and every document purporting to be an instrument made by the Council and to be sealed with the seal (purporting to be authenticated in accordance with this section) of the Council shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

(7) The Minister may, by order made on the request of the Council, change the corporate name of the Council.

6 Hospital boards.

6.—(1) On the establishment day, there shall, by virtue of this section, be established for each participating hospital a board (in this Act referred to as a hospital board) the members of which shall be the persons who, immediately before the establishment day, constituted the governing body of the hospital.

(2) Subject to this Act and any orders made thereunder—

(a) a hospital board shall stand substituted for all purposes for the governing body of its hospital and that body shall be regarded as merged in the board,

(b) the hospital board shall accordingly meet, act and perform functions as if it were that body and for that purpose shall be subject, as if it were that body, to the provisions which, immediately before the establishment day, applied to that body with respect to meeting, acting and performing functions.

7 Membership of the Council.

7.—(1) (a) The number of members of the Council shall, subject to the next paragraph, be forty.

(b) Whenever—

(i) the Council and a university, college or other institution enter into an agreement for the clinical education of medical students, and

(ii) the agreement provides for the appointment by the university, college or other institution of two members of the Council,

there shall be an additional two members of the Council to be appointed by the university, college or other institution.

(2) Before the establishment day—

(a) each of the governing bodies of the participating hospitals shall appoint five persons (two, but not more than two, of whom shall be members of the visiting medical staff of the hospital concerned) to be members of the Council.

(b) the Dublin Health Authority shall appoint five persons to be members of the Council.

(3) Before the 1st day of December in each appointment year for members of the Council appointed by hospital boards, each hospital board shall appoint five persons (two, but not more than two, of whom shall be members of the visiting medical staff of the hospital concerned or of the visiting medical staff of all the participating hospitals) to be members of the Council.

(4) In each appointment year for members of the Council appointed by the Dublin Health Authority, that authority shall, at their first meeting after the quinquennial appointment of their members in that year, appoint five persons to be members of the Council.

(5) Where an agreement under paragraph (b) of subsection (1) of this section is entered into—

(a) the university, college or other institution shall forthwith appoint two persons to be members of the Council,

(b) before the 1st day of December in each appointment year for members of the Council appointed consequent upon an agreement under paragraph (b) of subsection (1) of this section, the university, college or other institution shall appoint two persons to be members of the Council.

(6) The term of office of a member of the Council shall commence—

(a) in the case of a member appointed before the establishment day—on that day,

(b) in the case of a member appointed by a hospital board—on the 1st day of December in the year in which he is appointed or, where he is a member filling a casual vacancy, the day on which he is appointed,

(c) in the case of a member appointed by the Dublin Health Authority on or after the establishment day—on the day after the day on which he is appointed,

(d) in the case of a member appointed consequent upon an agreement under paragraph (b) of subsection (1) of this section—

(i) where he is appointed pursuant to paragraph (b) of subsection (5) of this section—on the 1st day of December in the year in which he is appointed, and

(ii) where he is not so appointed—on the day on which he is appointed.

(7) The term of office of a member of the Council shall, unless he sooner dies, resigns or ceases to be a member under subsection (8) of this section, terminate—

(a) in the case of a member appointed, during an appointment year for members appointed by hospital boards and before the 1st day of December in that year, by a hospital board to fill a casual vacancy—on the 30th day of November in that year,

(b) in the case of a member appointed by the governing body of a participating hospital or a member, other than a member referred to in the foregoing paragraph, appointed by a hospital board—on the 30th day of November in such appointment year for members of the Council appointed by hospital boards as next follows the commencement of his term of office,

(c) in the case of a member appointed by the Dublin Health Authority—on the day of such first meeting of that Authority after a quinquennial appointment of the members of that Authority as next follows the commencement of his term of office,

(d) in the case of a member appointed consequent upon an agreement under paragraph (b) of subsection (1) of this section—

(i) where the appointment is made in an appointment year for members of the Council appointed consequent upon an agreement under paragraph (b) of subsection (1) of this section and before the 1st day of December in that year and is an appointment pursuant to paragraph (a) of subsection (5) of this section or an appointment to fill a casual vacancy—on the 30th day of November in that year, and

(ii) where the appointment is not so made—on the 30th day of November in such appointment year for members of the Council appointed consequent upon an agreement under paragraph (b) of subsection (1) of this section as next follows the commencement of his term of office.

(8) Any member of the Council who is absent from meetings of the Council for a continuous period of six months and who, on being requested by the Council to furnish an explanation of such absence, fails to furnish an explanation which is satisfactory to the Council shall cease to be a member thereof on a date to be determined by the Council.

(9) A member of the Council may at any time resign his office by letter sent to the Council and every such resignation shall, unless previously withdrawn, take effect as from the commencement of the meeting of the Council held next after the receipt of the letter.

(10) Where a casual vacancy in the membership of the Council occurs, it shall be filled—

(a) in case the member by whom the vacancy was occasioned was appointed by the governing body of a participating hospital—by appointment by the hospital board of that hospital,

(b) in case such member was appointed by a hospital board—by appointment by that board,

(c) in case such member was appointed by a university, college or other institution consequent upon an agreement under paragraph (b) of subsection (1) of this section—by that university, college or other institution,

(d) in case such member was appointed by the Dublin Health Authority—by appointment by that Authority.

(11) For the purposes of this section—

(a) the appointment years for members of the Council appointed by hospital boards shall be the third year after the year in which the establishment day falls and each third successive year thereafter (not being the year in which the transfer day occurs or any subsequent year), and

(b) the appointment years for members of the Council appointed by the Dublin Health Authority shall be the years after the establishment day in which there are quinquennial appointments of the members of that Authority, and

(c) the appointment years for members of the Council appointed consequent upon an agreement under paragraph (b) of subsection (1) of this section shall be the third year after the year in which the establishment day falls and each third successive year thereafter.

(12) The Minister, at any time before the transfer day, may, at the request of the Council and with the consent of the boards of all the participating hospitals, by order vary the composition of the Council and any such order may modify the foregoing subsections of this section.

8 Membership of hospital boards.

8.—(1) Every person who, on the establishment day, becomes a member of a hospital board (other than the board of the Meath Hospital) shall continue to be a member of that board until he dies, resigns or ceases under subsection (2) or subsection (3) of this section to be a member thereof.

(2) Any member of a hospital board who is absent from meetings of the board for a continuous period of six months and who, on being requested by the board to furnish an explanation of such absence, fails to furnish an explanation which is satisfactory to the board shall cease to be a member thereof on a date to be determined by the board.

(3) Any member of a hospital board who

(a) became a member of the board by virtue of his having been, immediately before the establishment day, a member, appointed on the recommendation of a local authority, of the governing body of the hospital, or

(b) was co-opted as a member of the board on the recommendation of the Dublin Health Authority,

shall cease to be a member of the board on the day of such first meeting of the Dublin Health Authority after a quinquennial appointment of the members of that Authority as next follows the commencement of his term of office.