PUBLIC HOSPITALS (AMENDMENT) ACT, 1990

AN ACT TO MAKE PROVISION FOR THE DISPOSAL OF MONEYS LODGED IN ANY BANK IN RESPECT OF PRIZES PROVIDED FOR THE PURPOSES OF AND IN ACCORDANCE WITH THE PUBLIC CHARITABLE HOSPITALS ACTS, 1930 TO 1932, OR THE PUBLIC HOSPITALS ACTS, 1933 TO 1976, BUT WHICH HAVE NOT BEEN PAID OUT AND OF INTEREST RELATING TO MONEYS SO LODGED IN RESPECT OF PRIZES SO PROVIDED FOR, TO MAKE PROVISION FOR ANY EXISTING OR CONSEQUENTIAL CLAIMS TO PRIZES SO PROVIDED FOR, TO MAKE PROVISION FOR THE REPEAL OF THE PUBLIC HOSPITALS ACTS, 1933 TO 1976, AND TO MAKE OTHER PROVISIONS IN RELATION TO THE MATTERS AFORESAID. [11th December, 1990]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Interpretation.

1.—(1) In this Act—

“the Act of 1930” means the Public Charitable Hospitals (Temporary Provisions) Act, 1930;

“the Minister” means the Minister for Health;

“the Principal Act” means the Public Hospitals Act, 1933;

“sweepstake” has the meaning assigned to it by section 1 of the Principal Act or section 1 of the Act of 1930, as is appropriate in the circumstances;

“sweepstake committee” has the meaning provided for it in section 5 (1) of the Principal Act or, where appropriate in the circumstances, means a committee appointed under section 2 of the Act of 1930;

“sweepstake prize funds” means the aggregate of moneys representing—

• (a) moneys lodged in any bank by a sweepstake committee in an account in the names of the sweepstake trustees concerned in respect of prizes provided for the purposes of and in accordance with the Public Charitable Hospitals Acts, 1930 to 1932, or the Public Hospitals Acts, 1933 to 1976, but which have not been paid out as a result of being unclaimed or, where claimed, have not been duly validated, and

• (b) the interest relating to moneys so lodged in respect of prizes so provided for;

“sweepstake trustees” means trustees appointed under a scheme to which section 6 of the Principal Act or section 2 of the Act of 1930 relates, as is appropriate in the circumstances, and in whose names any sweepstake prize funds are held.

• (2) In this Act a reference to a section is to a section of this Act unless it is indicated that a reference to some other enactment is intended and a reference to a subsection is a reference to the subsection of the section in which the reference occurs unless it is indicated that a reference to some other provision is intended.

2 Vesting of sweepstake prize funds in Minister.

2.—(1) All sweepstake prize funds which immediately before the commencement of this section were vested in sweepstake trustees and all rights, powers and privileges relating to or connected with any such funds, shall, on such commencement, without any assignment but subject where necessary to transfer in the books of any bank become and be vested in the Minister.

• (2) Sweepstake prize funds vested in the Minister by virtue of this section which immediately before the commencement of this section were standing in the books of any bank in the name of sweepstake trustees shall, upon the request of the Minister made at any time on or after such commencement, be transferred in those books by the bank into the name of the Minister.

• (3) Sweepstake prize funds vested in the Minister by virtue of this section shall not be revenues of the State.

3 Disposal of sweepstake prize funds.

3.—The Minister shall, with the consent of the Minister for Finance, dispose of the undistributed sweepstake prize funds in respect of such service by former employees of the company which was incorporated on the 6th day of May, 1940, as the Hospitals Trust (1940) Limited, as he shall determine.

4 Liabilities in respect of sweepstake prize funds.

4.—(1) Where, immediately before the commencement of this section, any legal proceedings were pending to which sweepstake trustees were a party, in so far as the proceedings relate to any sweepstake prize funds, the Minister shall be substituted for those trustees as a party thereto and if necessary the name of the Minister shall be substituted for that of those trustees and the proceedings shall not abate by reason of any such substitution.

• (2) All liabilities duly incurred before the commencement of this section by sweepstake trustees, in so far as those liabilities relate to any sweepstake prize funds, shall, subject to section 7, be transferred to the Minister on such commencement and, accordingly, no legal proceedings shall be brought at any time thereafter against the trustees or their personal representatives after such commencement in respect of any sweepstake prize funds transferred under section 2.

5 Accounts, etc.

5.—(1) As soon as may be after disposal of the undistributed sweepstake prize funds, the Minister shall cause to be prepared, in a form approved of by the Minister for Finance, an account of all moneys transferred to him under section 2 and disposed of by him under section 3.

• (2) The account caused to be prepared under subsection (1) shall be submitted by the Minister to the Comptroller and Auditor General for audit.

• (3) The Minister shall cause to be laid before each House of the Oireachtas as soon as may be copies of the account audited in accordance with subsection (2).

6 Deficiency in sweepstake prize funds, etc.

6.—Where—

• (a) in any legal proceedings to which this Act relates, the Minister becomes liable, whether by virtue of those proceedings being settled or otherwise, to pay to any person a sum of money, or

• (b) the Minister is satisfied that a claim made by a person in respect of the sweepstake prize funds should be allowed in whole or in part,

and, in consequence of disposal by virtue of section 3 of this Act, there is a deficiency of funds in the sweepstake prize funds, or there are no funds, to pay the person concerned, then the Minister for Finance shall advance to the Minister out of the Central Fund or the growing produce thereof, such sum as is necessary to enable the Minister to pay the person concerned the amount due.

7 Limitation of proceedings and claims.

7.—(1) Subject to subsection (3), no legal proceedings shall be brought against the Minister by virtue of section 4 (2) after the expiration of the period of 4 years from the commencement of this section.

• (2) Subject to subsection (3), no claim shall be made by any person against the Minister after the expiration of the period of 4 years from the commencement of this section in respect of prizes provided for the purposes of and in accordance with the Public Charitable Hospitals Acts, 1930 to 1932, or the Public Hospitals Acts, 1933 to 1976.

• (3) Where at the commencement of this section any person is under a legal disability, then in respect of that person subsections (1) and (2) shall be construed as if each reference therein to the expiration of the period of 4 years after such commencement were a reference to the expiration of that period or the period of 12 months after that person ceases to be under the legal disability, whichever event occurs last.

8 Payments of certain sums to Minister.

8.—Any sum falling to be paid to the Hospitals Trust Fund after the repeal, by virtue of section 10, of the provisions concerning that Fund shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

9 Expenses.

9.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

10 Repeals.

10.—The following Acts are hereby repealed:

• (a) the Public Hospitals Act, 1933;

• (b) the Public Hospitals (Amendment) Act, 1938;

• (c) the Public Hospitals (Amendment) Act, 1940;

• (d) the Public Hospitals (Amendment) Act, 1976.

11 Short title, collective citation and commencement.

11.—(1) This Act may be cited as the Public Hospitals (Amendment) Act, 1990.

• (2) The Public Hospitals Acts, 1933 to 1976 and this Act may be cited together as the Public Hospitals Acts, 1933 to 1990.

• (3) This Act shall come into operation on such day or days as the Minister, after consultation with the Minister for Finance and the Minister for Justice, by order or orders appoints therefor either generally or by reference to any particular purpose or provision and different days may be fixed for different purposes and different provisions.