S.I. No. 287/1975 - The Cork Blood Transfusion Service Committee (Establishment) Order, 1975, (Revocation) Order, 1975

S.I. No. 287 of 1975.

THE CORK BLOOD TRANSFUSION SERVICE COMMITTEE (ESTABLISHMENT) ORDER, 1975, (REVOCATION) ORDER, 1975.

The Minister for Health, in exercise of the powers conferred on him by section 7 of the Health (Corporate Bodies) Act, 1961 , hereby orders as follows:—

1.

2.

"the Committee" means the Cork Blood Transfusion Service Committee,

"the Board" means the Blood Transfusion Service Board,

"the appointed day" means the 1st day of December, 1975.

3.

4.

• (1) ( a ) All property, whether real or personal (including choses-in-action), which, immediately before the appointed day was vested in or belonged to or was held in trust for the Committee and all rights, powers and privileges relating to or connected with any such property shall on the said day, without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become and be vested in or the property of or held in trust for (as the case may require) the Board for all the estate, term or interest for which the same immediately before the appointed day was vested in or belonged to or was held in trust for the Committee, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

( b ) All property transferred by this paragraph which, immediately before the appointed day 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 Committee shall, upon the request of the Board made at any time after the said day, be transferred in such books by such bank, corporation or company into the name of the Board.

( c ) After the appointed day, every chose-in-action transferred by this paragraph from the Committee to the Board may be sued upon, recovered or enforced by the Board in its own name and it shall not be necessary for the Board to give notice to the person bound by such chose-in-action of the transfer effected by this paragraph.

• (2) ( a ) Every debt and other liability (including mortgage debts and also including unliquidated liabilities arising from torts or breaches of contract) which immediately before the appointed day was owing and unpaid or had been incurred and was undischarged by the Committee shall, on the said day, become and be the debt or liability of the Board and shall be paid or discharged by and may be recovered from or enforced against the Board accordingly.

( b ) The dissolution of the Committee shall not invalidate or affect any paying order which may have been issued by the Committee and not presented for payment before the appointed day or any authority given by the Committee for the payment of the amount of such paying order, and the Board shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the said day.

• (3) Every bond, guarantee or other security of a continuing character made or given by the Committee to another person or by any person to the Committee and in force immediately before the appointed day and every contract or agreement in writing made between the Committee and another person and not fully executed and completed before the said day shall, notwithstanding the dissolution of the Committee, continue in force after the said day but shall be construed and have effect as if the name of the Board were substituted therein for the name of the Committee, and such security, contract or agreement shall be enforceable by or against the Board accordingly.

• (4) Every resolution passed, order made, and notice served by the Committee before the appointed day the operation, effect or term of which had not ceased or expired before the said day shall, after the said day continue in force and have effect as if it were a resolution passed, order made or notice served by the Board on the date on which the same was actually passed, made or served by the Committee and as if the functions of the Committee were, on the said date, performable by the Board.

• (5) In every action, suit prosecution or other proceeding which stood pending immediately before the appointed day in any court or tribunal and to which the Committee was a party, the Board shall on the said day become and be a party in the place of the Committee and such proceeding shall be continued between the Board and the other parties there-to accordingly, and no such proceeding shall abate or be discontinued, or prejudicially affected by reason of the dissolution of the Committee.

• (6) ( a ) All books and other documents directed or authorised by or under any statute or statutory instrument to be kept by the Committee and which, immediately before the appointed day, would be receivable in evidence shall notwithstanding the dissolution of the Committee be admitted in evidence after the said day as fully as if the Committee had not been dissolved.

( b ) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any statute or statutory instrument to be kept by the Committee would, if verified in a particular manner by a particular officer of the Committee, have been admissable immediately before the appointed day as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if certified in such particular manner by the Medical Director and Chief Executive of the Board, be admitted, after the said day, as evidence of such contents to the same extent as such first mentioned extract or certificate would have been so admitted if the Committee had not been dissolved.

• (7) Any person who, immediately before the appointed day, was in the employment of the Committee shall, on the appointed day, be transferred to analogous employment under the Board.

GIVEN under the Official Seal of the Minister for Health this 28th day of November, 1975.

BRENDAN CORISH,

Minister for Health.

EXPLANATORY NOTE.

The effect of this Order is to dissolve the Cork Blood Transfusion Service Committee established as a corporate body under the Health (Corporate Bodies) Act, 1961 by S.I. 274 of 1975 and to transfer its staff, assets, liabilities etc. to the Blood Transfusion Service Board.