Transport Act , 1974

1 Definitions.

1.—In this Act unless the context otherwise requires—

“the Deed of Trust” means the said Indenture of Conveyance in Trust of the 16th day of October, 1917, made between Gertrude Frances Dunning of the one part and The Right Honourable John Hodge Sir Matthew Nathan and Joshua Albert Flynn of the other part;

“the Hospital” means the Hospital carried on under and in accordance with the trusts of the Deed of Trust and known as the Leopardstown Park Hospital;

“the Trustees” means the present Trustees of the Hospital under the Deed of Trust and their successors and assigns.

2 Extension of class of beneficiaries under Deed of Trust.

2.—The Deed of Trust shall be read and construed subject to the following amendments, that is to say—

(1) by adding after the words “for such disablement or infirmity” in line 100 the following words “(hereinafter called ‘the Principal Beneficiaries’) and in addition when the facilities of such Hospital Sanatorium or Home shall permit for the care and treatment of all such other persons as the Trustees may from time to time admit thereto”;

(2) by deleting therefrom in line 106 thereof the words “the said invalided or disabled Officers or men of His Majesty's Forces” and substituting therefor the words “all such persons as aforesaid”.

3 Amendments and provision for termination of Deed of Trust.

3.—The Deed of Trust shall be read and construed as though all words from and including the words “the said buildings lands and premises are no longer” in lines 108 and 109 thereof to and including the words “Sanatorium or Nursing Home” in lines 123 and 124 thereof were at no time contained therein and that in lieu thereof the following words were from the date of the Deed of Trust contained therein that is to say—

“the Trustees should resolve that in their opinion the continuance of the trusts hereby created is no longer necessary in order to provide for the care and treatment of the Principal Beneficiaries and that accordingly the trusts hereinbefore contained should cease and thereupon the trusts and provisions hereinbefore contained and declared shall absolutely cease and determine and the Trustees shall thereafter hold the lands hereditaments and premises hereinbefore granted Upon Trust for the said Gertrude Frances Dunning her heirs and assigns absolutely PROVIDED FURTHER that if the Trustees should resolve that in their opinion the retention by them of part of the lands hereditaments or premises hereinbefore granted or any buildings erected thereon as may be specified by the Trustees in the said resolution is no longer necessary in order to provide for the care and treatment of the Principal Beneficiaries and that accordingly the trusts hereinbefore contained should cease in respect of such lands hereditaments premises or buildings thereupon the trusts and provisions hereinbefore contained and declared shall absolutely cease and determine in respect of such lands hereditaments premises or buildings and the Trustees shall thereafter hold such lands hereditaments premises or buildings Upon Trust for the said Gertrude Frances Dunning her heirs and assigns absolutely PROVIDED FURTHER that if the Trustees should resolve that in their opinion the retention by them of the proceeds or of part of the proceeds of any sale lease mortgage charge or other alienation of any part of the lands hereditaments or premises hereinbefore granted or any buildings or other asset held by them is no longer necessary in order to provide for the care and treatment of the Principal Beneficiaries and that accordingly the trusts hereinbefore contained should cease in respect of the said proceeds or such part thereof as may be specified by the said Trustees in such resolution thereupon the trusts and provisions hereinbefore contained and declared shall absolutely cease and determine in respect of such proceeds or of such specified part thereof and the Trustees shall thereafter hold the said proceeds or such specified part thereof Upon Trust for the said Gertrude Frances Dunning her heirs and assigns absolutely”.

4 Trustees' powers to make rules, charges, etc.

4.—The Trustees shall have full power to make rules and regulations for the management and conduct of the Hospital and may from time to time make such charges for the reception care and treatment of any person admitted to the Hospital as they shall see fit provided always that income arising from such charges be applied solely towards and for the charitable purposes of the Hospital within the State.

5 Trustees' powers of disposition.

5.—The Trustees may, with the consent of the Commissioners of Charitable Donations and Bequests for Ireland, sell, lease, mortgage, charge, alienate or otherwise howsoever dispose of any part or parts of the lands or buildings or other assets held by them on the trusts of the Deed of Trust upon such terms and for such consideration as they consider fit.

6 Trustees' powers to apply to amend terms of Deed of Trust.

6.—(1) The Trustees may from time to time apply to the Commissioners of Charitable Donations and Bequests for Ireland to alter or vary the provisions of the Deed of Trust.

(2) Upon such application as aforesaid the Commissioners may by a minute under their seal alter or vary any one or more of the provisions of the Deed of Trust or of the Deed of Trust as amended by any alterations or variations made or to be made under this Act.

(3) Every such application shall be in writing and under the signature of a majority of the Trustees for the time being of the Deed of Trust and shall specify the variation or alteration sought.

7 Confirmation of Deed of Trust.

7.—Save as hereby amended the Deed of Trust shall be and remain in full force and effect.

8 Expenses.

8.—The costs, charges and expenses preliminary to and of and incidental to the preparing, obtaining and passing of this Act may be paid and discharged by the Trustees out of funds held by them upon the trusts of the Deed of Trust.

9 Short title.

9.—This Act may be cited as The Leopardstown Park Hospital (Trust Deed Amendment) Act, 1974.