Health Act, 1947

Provisions relating to holders of certain offices under sanitary authorities.

76.—(1) Where an enactment repealed by this Act (in this section called “the repealed enactment”) conferred powers and duties on a sanitary authority and corresponding powers and duties are conferred by this Act on a health authority, the following provisions shall have effect:—

(a) every person who, immediately before the repeal of the repealed enactment, is the holder in a permanent capacity of an office under a sanitary authority the duties of which relate solely to the powers and duties conferred on such sanitary authority by such repealed enactment, shall become and be the holder of the same office under the health authority in whose functional area the district of such sanitary authority is situated,

(b) the said office under a sanitary authority shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished,

(c) if any question arises as to whether the duties of a particular office under a sanitary authority relate solely to powers and duties conferred on such sanitary authority by the repealed enactment, such question shall be referred to the Minister whose decision shall be final.

(2) The following provisions shall apply in relation to every person who, immediately before the commencement of this section, held, in a permanent capacity, an office under the title of sanitary sub-officer under a sanitary authority:—

(a) such person shall become and be the holder of an office under the same title under the health authority whose functional area includes the functional area of the sanitary authority,

(b) the said office under the sanitary authority shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished,

(c) the holder of the office of sanitary sub-officer under a health authority shall (in addition to performing duties in relation to the functions of the health authority) perform such duties as may be assigned to him in relation to the functions of any sanitary authority in the functional area of such health authority and for that purpose the provisions of paragraph (b) of subsection (1) of section 10, and of section 20 of the Act of 1941 relating to the duties of officers and of subsection (2) of the said section 10 relating to appeals by officers shall apply in relation to the said office as if it were also an office under the sanitary authority of every sanitary district in the functional area of such health authority.