LegalizeCHILDREN’S HEALTH ACT 2018
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.
Act to provide for the enhancement of children's health services and for that purpose to establish a body to be known as Children's Health Ireland to plan and deliver paediatric services; to provide for the transfer of employees, land, property, rights and liabilities of Our Lady's Children's Hospital, Crumlin to Children's Health Ireland; to provide for the transfer of employees, property, rights and liabilities of the Children's University Hospital, Temple Street to Children's Health Ireland; to provide for the transfer of certain employees, property, rights and liabilities of the Adelaide and Meath Hospital, Dublin, incorporating the National Children's Hospital to Children's Health Ireland; to provide for the transfer of certain employees, property, rights and liabilities of the Health Service Executive to Children's Health Ireland; to provide for an additional function of the National Paediatric Hospital Development Board and to transfer certain property, rights and liabilities of that Board to Children's Health Ireland and to provide for the dissolution of that Board; and to provide for related matters.
64. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the dissolution day of any of the functions of the Board shall on and after that day, lie against the Executive and not against the Board.
- (2) Any legal proceedings pending immediately before the dissolution day to which the Board is a party, shall be continued, with the substitution in the proceedings of the Executive for the Board.
- (3) Where, before the dissolution day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against the Board, be enforceable against the Executive and not the Board.
- (4) Any claim made or proper to be made by the Board in respect of any loss or injury arising from the act or default of any person before the dissolution day shall on and after that day be regarded as having been made by or proper to be made by the Executive and may be pursued and sued for by the Executive as if the loss or injury had been suffered by the Executive.
65. Provisions consequent upon transfer of functions, property, rights and liabilities to Executive
65. (1) Anything commenced and not completed before the dissolution day by or under the authority of the Board may be carried on or completed on or after that day by the Executive.
- (2) Every instrument made under an enactment and every document (including any certificate) granted or made by the Board in the performance of its functions, shall, if and in so far as it was operative immediately before the dissolution day, have effect on and after that day as if it had been granted or made by the Executive.
- (3) References to the Board in the constitution of any company shall, on and after the dissolution day, be construed as references to the Executive.
66. Final accounts and final annual report of Board
66. (1) The Executive shall, in respect of the period up to and including the dissolution day, prepare final accounts of the Board.
- (2) The Executive shall submit the final accounts to the Minister not later than 6 months after the dissolution day.
- (3) For the purposes of subsection (1), the Minister may specify a period that is longer or shorter than a financial year of the Board.
- (4) The Executive shall prepare the final annual report of the Board and submit the report to the Minister not later than 6 months after the dissolution day.
- (5) The Minister shall, as soon as practicable, after the accounts referred to in subsection (1) and the report referred to in subsection (4) are submitted to him or her, cause a copy of the documents concerned to be laid before each House of the Oireachtas.
67. Cessation of membership of Board
67. The members of the Board who hold office immediately before the commencement of this section shall on the commencement of this section cease to hold office.
Footnotes
OJ No. L 119. 1, 4.5.2016, p.1-88
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