Hide Nav Show Nav
SOLR_PROP

S.I. No. 206/1939 - Irish Red Cross Society Order, 1939.

No. 206/1939:

IRISH RED CROSS SOCIETY ORDER, 1939.

IRISH RED CROSS SOCIETY ORDER, 1939.


ARRANGEMENT OF ARTICLES.

Article.

1. Short title.

2. Establishment of the Irish Red Cross Society.

3. Incorporation of the Society.

4. Primary objects of the Society.

5. Composition of the Society.

6. Powers of the Society.

7. The President of the Society.

8. Central Council of the Society.

9. Chairman of the Central Council.

10. Procedure at Meetings.

11. Meetings of the Central Council.

12. The Seal of the Society.

13. Executive Committee of the Central Council.

14. Audit of accounts.

15. Rules of the Society.

FIRST SCHEDULE.

First Members of the Society and of the Central Council.

SECOND SCHEDULE.

Provisions in relation to procedure at meetings of the Executive Committee.

STATUTORY RULES AND ORDERS.

1939. No. 206.

IRISH RED CROSS SOCIETY ORDER, 1939.

WHEREAS it is enacted by sub-section (1) of Section 1 of the Red Cross Act, 1938 (No. 32 of 1938), that the Government may by order (in the said Section referred to as the establishment order) declare—

(a) that there shall be established as on and from a specified date a society (in the said Act referred to as the Society) to be called by the name specified in the establishment order ;

(b) that the Society shall by such name be a body corporate and have perpetual succession and a common seal (which shall be judicially noticed) and may by such name sue and be sued ;

(c) that the primary objects of the Society shall be—

(i) to furnish volunteer aid to the sick and wounded of armies in time of war,

(ii) to furnish relief to prisoners of war,

(iii) in time of peace or war to carry on and assist in work for the improvement of health, the prevention of disease and the mitigation of suffering throughout the world ;

(d) that the Society shall consist of the persons named in that behalf in the establishment order and all other persons who shall, in accordance with the rules of the Society, become members thereof so long as such first mentioned persons or such other persons (as the case may be) continue to be members.

AND WHEREAS it is enacted by sub-section (2) of the said Section 1 that the Government may by the establishment order make provision in relation to all or any of the following matters, that is to say :—

(a) the powers of the Society ;

(b) the organisation of the Society ;

(c) the management and administration of the affairs of the Society by a governing body ;

(d) the delegation to such governing body of the power to make rules for the Society ;

(e) the holding of annual and other meetings of the Society ;

(f) the finances and accounts of the Society ;

(g) any other matters in relation to the Society in respect of which it appears to the Government desirable and proper that provision should be made.

NOW, THEREFORE, the Government, in exercise of the powers conferred on them by Section 1 of the Red Cross Act, 1938 (No. 32 of 1938), and of every and any other power them in this behalf enabling, do hereby order as follows, that is to say :—

Short title.

1. This Order may be cited as the Irish Red Cross Society Order, 1939.

Establishment of the Irish Red Cross Society.

2. There shall be established as on and from the 1st day of July, 1939 ; a society to be called and known as the Irish Red Cross Society.

Incorporation of the Society.

3. The Irish Red Cross Society (hereinafter referred to as the Society) shall by its said name be a body corporate and have perpetual succession and a common seal (which shall be judicially noticed) and may by its said name sue and be sued.

Primary objects of the Society.

4. The primary objects of the Society shall be—

(a) to furnish volunteer aid to the sick and wounded of armies in time of war ;

(b) to furnish relief to prisoners of war ;

(c) in time of peace or war to carry on and assist in work for the improvement of health, the prevention of disease and the mitigation of suffering throughout the world.

Composition of the Society.

5.—(1) The Society shall consist of the persons named in the First Schedule hereto and all other persons who shall, in accordance with the rules of the Society, become members thereof so long as such first-mentioned persons or such other persons (as the case may be) continue to be members.

(2) All Irish citizens shall be eligible for membership of the Society.

Powers of the Society.

6.—(1) The Society shall have power—

(a) to act as a voluntary aid society, subject to the provisions of the Geneva Conventions or any similar conventions or arrangements, in any country or countries (including the State) in, or near, which any war may be in progress or may be anticipated and whether or not the Defence Forces of Ireland shall be, or shall be expected to be, engaged therein, and to apply to any belligerent Power on behalf of itself, its property and employees for all necessary privileges, permissions and immunities and to observe all conditions imposed by such Power ;

(b) to receive, take charge of, distribute, and administer any establishments, ships, aircraft, ambulances, stores, plant, articles, things or funds which may be made over, delivered to, or entrusted to it for the purpose of aiding the sick and wounded in time of war, subject however to the restriction that such charge, distribution and administration in time of war in which the State is a belligerent are carried out under the direct supervision and control of the military authorities of the State ;

(c) in time of peace or war to carry on and assist in work for the improvement of health, the prevention of disease and the mitigation of suffering throughout the world ;

(d) to render assistance to the Army Medical Service of the Defence Forces of Ireland ;

(e) with the consent of any other society having similar objects to co-operate with or affiliate or absorb such society ;

(f) subject to the consent of the Miunister for Defence, to have and use, in carrying out its functions, as an emblem and a badge the heraldic emblem of the red cross on a white ground formed by reversing the Federal colours of Switzerland ;

(g) to purchase, take on lease, or otherwise acquire and hold any land ;

(h) to receive, accept, and hold donations, endowments, and gifts of land, moneys, stocks, shares, securities and other property of whatsoever kind ;

(i) to sell, lease, or mortgage any land vested in the Society, and to sell or mortgage stocks, shares, securities and other property of whatsoever kind held by the Society ;

(j) to borrow or raise money with or without security for any of the purposes of the Society ;

(k) to invest all moneys and funds of the Society, which are not immediately required to be expended for the purposes of the Society and which the Society think proper to be invested, in such investments as may be authorised with respect thereto by, or by the powers contained in, the instrument (if any) of gift of such moneys or funds or property from which the same shall have arisen or, so far as such instrument does not extend, in securities in which trustees are by law for the time being in force authorised to invest trust funds or deposit the same with any Bank, and to vary or transpose from time to time at their discretion any investments into other investments authorised according to the provisions of this paragraph with respect to the original investments or the proceeds thereof ;

(l) to undertake, execute and perform any trusts or conditions affecting any real or personal property of any description deemed likely to be useful for the purposes of the Society ;

(m) to grant and pay such salaries, pensions, gratuities or other sums in recognition of services as may from time to time be sanctioned by the Central Council ;

(n) to organise examinations and to issue certificates in respect of such examinations with the concurrence of the Minister for Local Government and Public Health ;

(o) to divide the State into areas for the purposes of the Society and to organise branches within these areas and provide for area or branch committees or councils ;

(p) to appoint patrons of the Society ;

(q) to appoint such officers of the Society as it may deem proper, and to regulate the terms of appointment of such officers ;

(r) to do all such other acts and things (not being in conflict with the Geneva Conventions or any such similar conventions or arrangements or this Order or the rules of the Society) as are, in the opinion of the Central Council, conducive to the attainment of any of the purposes of the Society or necessary or expedient for facilitating the exercise of any of its powers.

(2) In this Article the expression " the Geneva Conventions " means the International Convention for the amelioration of the condition of the wounded and sick in armies in the field and the International Convention relative to the treatment of prisoners of war, both of which were signed at Geneva on the 27th day of July, 1929.

The President of the Society.

7.—(1) There shall be a President of the Society.

(2) The President of the Society shall be appointed by the Government from time to time as occasion requires.

(3) The President of the Society shall, unless he sooner dies or resigns, hold office for a period of five years, but shall be eligible for reappointment.

Central Council of the Society.

8.—(1) There shall be a council of the Society (in this Order referred to as the Central Council) to be called and known as the Central Council of the Irish Red Cross Society.

(2) The Central Council shall, subject to the provisions of this Order and the rules of the Society, exercise the powers of the Society, organise the Society, and control and manage the affairs of the Society.

(3) Until the 1st day of July, 1940, the following provisions shall have effect in relation to the Central Council, that is to say :—

(a) the Central Council shall consist of twenty-four members ;

(b) the first members of the Central Council shall be the persons named in the First Schedule hereto ;

(c) every member of the Central Council shall, unless he sooner dies or resigns, hold office until the 1st day of July, 1940 ;

(d) in the event of a vacancy (in this sub-article referred to as a casual vacancy) occurring in the membership of the Central Council by reason of the death or resignation of a member thereof, the Government shall, as soon as conveniently may be, nominate a person to fill such vacancy ;

(e) a person appointed to fill a casual vacancy in the membership of the Central Council shall, unless he sooner dies or resigns, hold office as such member until the 1st day of July, 1940.

(4) On and after the 1st day of July, 1940, the following provisions shall have effect in relation to the Central Council, that is to say :—

(a) the Central Council shall consist of such number of members as may from time to time be fixed by the rules of the Society of whom—

(i) such number (not being less than one-third of the total membership of the Central Council) as may from time to time be fixed by the rules of the Society shall be nominated by the Government before the 1st day of July in each nomination year, and

(ii) the remainder shall be elected before the 1st day of July, in the year 1940 and each subsequent year in accordance with the rules of the Society ;

(b) each member of the Central Council (other than a member nominated or elected to fill a casual vacancy) shall, unless he sooner dies or resigns, hold office—

(i) in case he was nominated by the Government, for a period of three years from the 1st day of July next following his nomination, and

(ii) in any other case, for a period of one year from the 1st day of July next following the date of his election ;

(c) whenever a vacancy (in this sub-article referred to as a casual vacancy) occurs amongst the members of the Central Council by reason of the death or resignation of a member, then—

(i) in case such member was nominated by the Government, the Government shall nominate a person to fill such vacancy ;

(ii) in any other case, a person shall be elected in accordance with the rules of the Society to fill such vacancy ;

(d) every person nominated or elected to fill a casual vacancy shall, unless he sooner dies or resigns, hold office for the residue of the term of office for which the member whose death or resignation occasioned the vacancy would have held office if he had not died or resigned.

(3) No person shall be qualified to be nominated or elected a member of the Central Council unless he is a member of the Society.

(4) Where a member of the Central Council ceases to be a member of the Society he shall be deemed to have resigned his membership of the Central Council.

(5) A member of the Central Council retiring from office by effluxion of time shall be eligible for re-nomination or re-election.

(6) For the purposes of this Article each of the following years shall be a nomination year, that is to say, the year 1940, the year 1943, the year 1946, and so on.

Chairman of the Central Council.

9.—(1) There shall be a Chairman of the Central Council.

(2) A person shall not be qualified to be nominated as Chairman unless he is a member of the Central Council.

(3) Whenever the Chairman ceases during his term of office to be a member of the Central Council he shall cease to be Chairman.

(4) The Chairman shall be nominated from time to time as occasion requires by the President of the Society.

(5) The Chairman shall, unless he sooner dies, resigns or ceases to be a member of the Central Council, hold office for a period of three years from the date of his nomination.

Procedure at meetings.

10.—(1) The quorum for a meeting of the Central Council shall be seven.

(2) At a meeting of the Central Council—

(a) the Chairman of the Central Council shall, if he is present, be chairman of the meeting ;

(b) if the Chairman of the Central Council is not present or if the office of the chairman is vacant the members of the Central Council who are present shall choose one of their number to be chairman of the meeting.

(3) Every question at a meeting of the Central Council shall be determined by a majority of the votes of the members present and voting on the question, and in case of an equal division of votes the chairman of the meeting shall have a second or casting vote save where the question is the election of the chairman of that meeting.

(4) The Central Council may act, notwithstanding one or more vacancies amongst its members.

(5) Subject to the provisions of this Order and the rules of the Society, the Central Council may by standing orders or otherwise regulate the business and procedure of the Central Council.

Meetings of the Central Council.

11.—(1) The Central Council shall hold twice in the year 1939 and each succeeding year an ordinary general meeting of the Central Council, at such time and place as may be prescribed by the rules of the Society.

(2) An extraordinary general meeting of the Central Council may be called at any time by the President of the Society or by the Chairman of the Central Council.

(3) The Chairman of the Central Council shall on receipt of a requisition signed by any twelve or more members of the Central Council call an extraordinary general meeting of the Central Council.

The seal of the Society.

12.—(1) The Society shall provide itself with a seal.

(2) The seal of the Society shall be authenticated by the signature of the Chairman of the Central Council or some other member thereof authorised by the Central Council to act in that behalf and the signature of an officer of the Central Council authorised by the Central Council to act in that behalf.

(3) Every document purporting to be made by the Society and to be sealed with the seal of the Society authenticated in the manner provided by this section shall be received in evidence and deemed to be such document without proof unless the contrary is shown.

Executive Committee of the Central Council.

13.—(1) There shall be established a committee (in this Order referred to as the Executive Committee) of the Central Council to be called and known as the Executive Committee of the Central Council of the Irish Red Cross Society.

(2) The Central Council shall delegate to the Executive Committee the exercises and performance of such of the powers and duties of the Central Council as the Central Council are of opinion would be better or more conveniently exercised and performed by or through a committee.

(3) The Executive Committee shall consist of such number (not being more than twelve nor less than seven) of members as the Central Council may direct and shall be composed wholly of members of the Central Council.

(4) There shall be a Chairman and a Vice-Chairman of the Executive Committee who shall be appointed by the Central Council and whose terms of office shall be such as may be appointed by the rules of the Society.

(5) The Central Council may empower the Executive Committee to do any act which the Central Committee itself could lawfully do.

(6) The provisions set out in the Second Schedule hereto shall apply in relation to the procedure at meetings of the Executive Committee.

(7) The Executive Committee shall make such reports to the Central Council as may from time to time be prescribed by the rules of the Society.

Audit of Accounts.

14. The accounts of the Society which shall be audited by a duly qualified auditor appointed by the Central Council, shall be made up half-yearly and shall be submitted to the ordinary general meeting of the Central Council held next after such audit.

Rules of the Society.

15.—(1) The Central Council may make rules, not inconsistent with this Order, in relation to all or any of the following matters, that is to say :—

(a) the organisation of the Society ;

(b) the management, control, and procedure of the Society ;

(c) the grades and conditions of membership of the Society ;

(d) the admission of persons to membership of the Society ;

(e) the election of members of the Central Council ;

(f) the holding of meetings of the Executive Committee ;

(g) the division of the State into areas for the purposes of the Society, and the committees for such areas ;

(h) the appointment and terms of office of officers of the Society ;

(i) the holding of annual meetings of the Society ;

(j) any other matter which in the opinion of the Central Council, it is expedient to provide for in order to enable the Society effectively to carry out its objects and exercise all or any of its powers.

(2) The Central Council may whenever and so often as they think fit amend (by addition, omission or variation) any rules made under this article.

FIRST SCHEDULE.

(FIRST MEMBERS OF THE SOCIETY AND OF THE CENTRAL COUNCIL).

Charles J. MacAuley, Esq., M.B., F.R.C.S.

63 Fitzwilliam Square, Dublin.

Patrick MacCarvill, Esq., M.B., B.Ch.

8 Fitzwilliam Square, Dublin.

John P. Shanley, Esq., M.D., D.P.H.

17 Merrion Square, Dublin.

Senator David L. Robinson

Glendalough House, Annamoe, Greystones, Co. Wicklow.

Mrs. Mary E. Hackett

20 Zion Road, Rathgar, Dublin.

Áine Bean E. Ceannt

44 Oakley Road, Ranelagh, Dublin.

Mrs. Linda MacWhinney

29 Gardiner's Place, Dublin.

Matthew J. Russell, Esq., F.R.C.S.

85 Pembroke Road, Dublin.

David Coyle, Esq., P.C.

30 Herbert Park, Pembroke, Dublin.

Robert J. Rowlette, Esq., M.D., F.R.C.P.I.

55 Fitzwilliam Square, Dublin.

Vincent C. Ellis, Esq., M.D., M.R.C.P.I.

The Depot, Gárda Siochána, Phoenix Park, Dublin.

Colonel Thomas J. McKinney, Director of Medical Services.

Department of Defence, Dublin.

Sir John Lumsden, K.B.E., M.D.

4 Fitzwilliam Place, Dublin.

Seton Pringle, Esq., F.R.C.S.I.

7 Fitzwilliam Place, Dublin.

Hon. William Evelyn Wylie, K.C.

Clonsilla House, Clonsilla, Co. Dublin

The Right Honourable the Earl of Longford

123 Leinster Road, Rathmines, Dublin.

Thomas J. O'Connell, Esq., LL.D., F.E.I.S.

9 Gardiner's Place, Dublin.

The Right Honourable the Viscountess Powerscourt

Powerscourt, Enniskerry, Co. Wicklow.

Miss Annie M. Smithson, R.G.N., S.C.M.

24 Nassau Street, Dublin.

D. A. McErlean, Esq., M.D.

62 Fitzwilliam Square, Dublin.

Senator Thomas Foran

35 Parnell Square, Dublin.

James B. Magennis, Esq., M.B., B.Ch.

70 Merrion Square, Dublin.

Miss Helena Moloney

48 Fleet Street, Dublin.

W. H. Lamb, Esq.

Naisetra, Inchicore, Dublin.

SECOND SCHEDULE.

PROVISIONS IN RELATION TO PROCEDURE AT MEETINGS OF THE EXECUTIVE COMMITTEE.

1. The quorum for a meeting of the Executive Committee shall be three.

2. At a meeting of the Executive Committee—

(a) the Chairman of the Executive Committee shall, if he is present, be chairman of the meeting ;

(b) if the Chairman of the Executive Committee is not present or if the office of the chairman is vacant, the Vice-Chairman of the Executive Committee shall, if he is present, be chairman of the meeting ;

(c) if the Chairman of the Executive Committee is not present or if the office of Chairman is vacant and the Vice-chairman is not present or the office of Vice-chairman is vacant, the members of the Executive Committee who are present shall choose one of their number to be chairman of the meeting.

3. Every question at a meeting of the Executive Committee shall be determined by a majority of the votes of the members present and voting on the question, and in case of an equal division of votes the chairman of the meeting shall have a second or casting vote.

4. The Executive Committee may act, notwithstanding one or more vacancies among its members.

5. Subject to the provisions of this Schedule and the rules of the Society, the Executive Committee may by standing orders or otherwise regulate the business and procedure of the Executive Committee.

This 6th day of July, 1939.