Hospitals Act, 1939

Annulment of establishment order by High Court.

8.—(1) Where an establishment order has been laid before each House of the Oireachtas and neither such House has, within the time limited in that behalf by the immediately preceding section, passed a resolution annulling such order, any person may, at any time before (but not after) the expiration of one month from the expiration of the said time, apply to the High Court for the annulment of such order or of any specified portion thereof and upon such application—

(a) if the High Court is of opinion that the whole or substantially the whole of such order contravenes or is not authorised by or is not made in accordance with this Act, the High Court may annul such order, and

(b) if the High Court is of opinion that a part only of such order contravenes or is not authorised by or is not made in accordance with this Act, the High Court may either, as shall appear to the High Court to be most convenient to all parties, annul the said part of such order or annul the whole of such order.

(2) On an application under this section the Minister and the governing body of the voluntary hospital concerned shall be entitled to appear and the Court may order the costs and expenses of any party (including the Minister and such governing body) to be paid by any other party.