LegalizeS.I. No. 98/1979 - Leopardstown Park Hospital Board (Establishment) Order, 1979
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
4 amending acts · 2007-12-21, Health (Miscellaneous Provisions) Act 2007
S.I. No. 98 of 1979.
LEOPARDSTOWN PARK HOSPITAL BOARD (ESTABLISHMENT) ORDER, 1979.
The Minister for Health in exercise of the powers conferred on him by sections 3 to 6 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961), hereby orders as follows:—
1.
This Order may be cited as the Leopardstown Park Hospital Board (Establishment) Order, 1979.
2.
A body to be known as the Leopardstown Park Hospital Board is hereby established.
3.
In this Order—
"the Board" means the Leopardstown Park Hospital Board established by this Order;
"the hospital" means Leopardstown Park Hospital, Dublin;
"the Chairman" means the Chairman for the time being of the Board;
"the Minister" means the Minister for Health;
"the Trustees" means the Trustees as defined in the Leopardstown Park Hospital (Trust Deed Amendment) Act, 1974 ;
"the Secretary of State" means the Secretary of State for Social Services in the United Kingdom.
4.
The functions of the Board are, on being permitted by the Trustees to use the hospital in accordance with the terms of such permission,
( a ) to conduct and manage the hospital;
( b ) to provide such services and facilities at the hospital as may, from time to time, be approved by the Minister, after consultation with the Board;
( c ) to provide for the maintenance of the hospital.
5.
The Board shall consist of nine members appointed by the Minister, two of whom shall be appointed on the nomination of the Secretary of State.
6.
A person who is a Trustee shall not be eligible to be a member of the Board.
7.
The term of office of a member of the Board shall be five years unless he sooner dies, resigns or ceases to be a member under article 9 of this Order.
8.
In the event of a casual vacancy arising from the death, resignation or cessation of membership under article 9 of this Order of a member of the Board, the vacancy shall be filled by appointment by the Minister and the person appointed to fill such vacancy shall hold office as a member of the Board for the unexpired period of the term of office of the said member. Where such member was appointed on the nomination of the Secretary of State the appointment shall be made on the nomination of the Secretary of State.
9.
(1) A member, other than a member who was appointed on the nomination of the Secretary of State, shall cease to be a member of the Board on his being requested by the Minister to resign.
- (2) The Minister shall, on request by the Secretary of State so to do, require the resignation of a member appointed on the nomination of such Secretary of State and upon such request such member shall cease to be a member of the Board.
10.
The Chairman of the Board shall be a member of the Board appointed by the Minister to be Chairman.
11.
The quorum of the Board shall be four.
12.
(1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions.
- (2) The Board shall have power to adopt standing orders governing the procedures to be followed at its meetings and the performance of its functions generally.
13.
The proceedings of the Board shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointment of the Board or any member thereof.
14.
(1) The Chairman may, at any time, call a meeting of the Board.
- (2) If the Chairman refuses or fails to call a meeting of the Board after a requisition for that purpose, signed by four members of the Board, has been presented to him, any four members of the Board may forthwith, on that refusal, call a meeting of the Board, and, if the Chairman (without so refusing) does not, within seven days after the presentation of the requisition, call a meeting of the Board, any four members of the Board may, on the expiration of these seven days, call a meeting of the Board.
15.
At a meeting of the Board—
( a ) the Chairman shall, if he is present, be chairman of the meeting;
( b ) if and so long as the Chairman is not present, the members of the Board who are present shall choose one of their number to be Chairman of the meeting.
16.
Minutes of the proceedings of each meeting of the Board shall be entered in a book kept for that purpose and shall be signed by the Chairman of the meeting or of the next ensuing meeting.
17.
(1) The names of the members present at a meeting of the Board shall be recorded in the minutes of the proceedings of the Board.
- (2) Where a vote is taken on any question arising at a meeting of the Board, the minutes shall show which members voted for and which against the question.
18.
(1) A person shall not receive any remuneration for acting as a member of the Board.
- (2) Members of the Board may be paid travelling and subsistence allowances in accordance with such scale as may from time to time be approved by the Minister.
19.
(1) Save as is otherwise provided in this Order all acts of the Board and all questions coming or arising before the Board may be done and decided by the majority of such members of the Board as are present and, where a vote is considered necessary, by vote at a meeting of the Board.
- (2) In the case of equality of votes on any question arising at a meeting of the Board, the Chairman of the meeting shall have a second or casting vote.
20.
(1) The Board may appoint committees, which may include persons who are not members of the Board, to assist the Board in relation to aspects of its day-to-day business and to furnish advice on particular aspects of its functions.
- (2) Any committee so appointed shall act subject to such directives as may be given by the Board, and any expenditure of money by such committee shall be subject to the approval of the Board.
21.
The seal of the Board shall be authenticated by the signature of the Chairman or some other member of the Board duly authorised by the Board to act in that behalf and by the signature of an officer of the Board duly authorised by the Board to act in that behalf.
22.
(1) The Board shall cause to be kept proper accounts of all income and expenditure of the Board, and of the sources of such income and the subject matter of such expenditure, and of the property, assets and liabilities of the Board.
- (2) The Financial year of the Board shall be the period of twelve months ending on the 31st day of December in any year, and for the purposes of this provision the period commencing on the date of this Order and ending on the 31st December 1979 shall be deemed to be a financial year.
- (3) The Board shall prepare each year an estimate of income and expenditure of the Board in respect of the following financial year, which shall be approved at a meeting of the Board at which at least one member of the Board who has been appointed as such member on the nomination of the Secretary of State shall be present.
- (4) The estimate of income and expenditure prepared and approved in accordance with sub-article (3) of this Article shall be submitted to the Minister for consideration.
- (5) A statement of accounts of the Board for each financial year shall, as soon as may be after the end of each financial year, be prepared and after such preparation be audited by and be subject to a report by an auditor appointed for the purpose by the Minister after consultation with the Board.
- (6) The expenses of such audit shall be paid by the Board as soon as may be after each audit.
- (7) A copy of the accounts and the auditor's certificate and the report thereon shall be presented to the members of the Board and to the Minister.
- (8) The Board and the officers thereof shall, whenever so requested by the Minister, permit any person appointed by him to examine the books and accounts of the Board in respect of any financial year or other period and shall facilitate any such examination, and the Board shall pay such fee for such examination as may be determined by the Minister.
23.
(1) The Board shall, in each year, not later than such date as the Minister shall direct, make a report to the Minister on its activities during the preceding year.
- (2) A copy of the said report shall be furnished by the Board to the Trustees and to the Secretary of State.
- (3) The Board shall submit to the Minister such information regarding the performance of its functions as the Minister may from time to time require.
24.
(1) The Board may with the consent of the Minister appoint such and so many officers and employ such and so many servants as the Board may, from time to time, think proper and in appointing any officer or employing any servant the Board shall comply with any directions given by the Minister relating to the procedure to be followed.
- (2) Every officer of the Board holding office in a permanent capacity shall cease to hold office on attaining the age of sixty-five years.
- (3) The Board shall with the consent of the Minister determine the remuneration and conditions of service of the officers and servants of the Board.
25.
The Local Government (Superannuation) Act, 1956 (No. 10 of 1956) shall apply to the Board as if it were a local authority subject to the following modifications:—
- (1) A "registrable officer" shall include:—
( a ) an officer of the Board who, immediately before the establishment of the Board, was employed in the hospital in a permanent pensionable capacity, and who elects in writing to the Board within five years of the establishment of the Board to become a registrable officer and agrees in writing to the transfer to the Board of all his accrued service for all superannuation purposes arising under or by virtue of his previous employment at the hospital with the consequences set out in article 25 (4) (a), and
( b ) any other officer of the Board who, immediately before the establishment of the Board, was employed in a whole- time capacity in the hospital.
- (2) Part III of the Act shall be deemed to have been adopted by the Board as and from the establishment of the Board.
- (3) A pensionable servant shall include—
( a ) a servant of the Board who, immediately before the establishment of the Board, was employed in the hospital in a permanent pensionable capacity, and who elects in writing to the Board within five years of the establishment of the Board to become a pensionable servant and agrees in writing to the transfer to the Board of all his accrued service for all superannuation purposes arising under or by virtue of his previous employment at the hospital with the consequences set out in article 25 (4) (a), and
( b ) any other servant of the Board who immediately before the establishment of the Board was employed in a whole-time capacity in the hospital.
- (4) ( a ) a person who makes an election pursuant to sub-articles (1) (a) or (3) (a) shall be entitled to reckon as pensionable service with the Board service in the hospital prior to such election and service that he would have been entitled to reckon under the provisions of any former Scheme which applied to him had he remained in employment under his former employer.
( b ) A person whose name is entered in the register of pensionable officers or in the register of pensionable servants pursuant to sub-articles (1) (b) and (3) (b) shall be entitled to reckon as pensionable service, service in the hospital prior to the establishment of the Board.
- (5) A person who makes an election pursuant to sub-articles (1) (a) and (3) (a) shall have his name entered in the register of pensionable officers or in the register of pensionable servants, as the case may be, with effect from the date of such election.
- (6) No contributions under section 23 or section 43 of the said Act shall be required from a person who had pension rights in respect of his employment in the hospital prior to the establishment of the Board and who was not liable to pay contributions in respect of such pension rights.
26.
(1) For the purpose of the performance of its functions, the Board may, with the consent of the Minister, borrow money and purchase or take on lease any land.
- (2) The Board may, with the consent of the Minister, sell, exchange, let or otherwise dispose of any land vested in it.
27.
(1) The Board may accept gifts of money, land and other property upon such trusts and conditions, if any, as may be specified by the donor.
- (2) The Board may not accept a gift if the conditions attached by the donor to its acceptance are not consistent with the functions of the Board.
GIVEN under the Official Seal of the Minister for Health this 31st day of March, 1979.
CHARLES J. HAUGHEY,
Minister for Health.
The Minister for the Environment hereby consents to the modifications contained in Article 25 of the above Order of the Local Government (Superannuation) Act, 1956 as applied to the Leopardstown Park Hospital Board.
Dated this 31st day of March, 1979.
SYLVESTER BARRETT,
Minister for the Environment.
EXPLANATORY NOTE.
The effect of this Order is to establish under the Health (Corporate Bodies) Act, 1961 , a body to be known as the Leopardstown Park Hospital Board to manage and maintain Leopardstown Park Hospital, by arrangement with the Trustees of the hospital.
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