S.I. No. 169/1949 - Dispensary Medical Officers (Appointment) Regulations, 1949.


S.I. No. 169 of 1949.

DISPENSARY MEDICAL OFFICERS (APPOINTMENT) REGULATIONS, 1949.

The Minister for Health, being the appropriate Minister for the purposes of Part II of the Local Government Act, 1941 (No. 23 of 1941) as respects the offices to which these regulations relate, in exercise of the powers conferred on him by paragraph (g) of subsection (1) of section 19 of the said Act hereby makes the following regulations:—

1 Citation.

1. These regulations may be cited as the Dispensary Medical Officers (Appointment) Regulations, 1949.

2 Definitions.

2. In these regulations—

the expression "the Act of 1926" means the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926);

the expression "the Minister" means the Minister for Health;

the expression "public assistance authority" means a public assistance authority within the meaning of the Public Assistance Act, 1939 (No. 27 of 1939).

3 Application of these regulations.

3. These regulations shall apply to the making in accordance with sub-section (1) of Section 5 of the Act of 1926 of any appointment by a public assistance authority to an office of medical officer of a dispensary district.

4 Procedure for making an appointment to which those regulations apply.

4. The procedure to be followed by a public assistance authority in making an appointment to which these regulations apply and in obtaining candidates when proposing to make any such appointment shall be as follows :—

(a) Before inviting applications for the appointment, the public assistance authority shall apply to the Minister for sanction to fill the office in accordance with subsection (1) of Section 5 of the Act of 1926 without requesting or obtaining a recommendation from the Local Appointments Commissioners.

(b) When the said sanction has been obtained an advertisement shall be published in at least two newspapers circulating in the public assistance district stating that the appointment, pursuant to sub-section (1) of Section 5 of the Act of 1926, is to be made, inviting applications from persons desirous of being appointed, stating how such persons can obtain full particulars and specifying a date not less than ten days after such publication before which such applications must be received.

(c) Every person who applies in accordance with the advertisement for particulars of the appointment shall be furnished with such particulars.

(d) A person applying for the office who at the time when the office became vacant or was created was the holder of a pensionable office under a public assistance authority shall be required to state :—

(i) the name of the said public assistance authority ;

(ii) the office held by him ;

(iii) the period of his service with the said public assistance authority ;

(iv) the date of his birth.

(e) A person applying for the office who, at the time when the office became vacant or was created, was in receipt of an allowance from a public assistance authority in respect of his having ceased to hold an office under such local authority, shall be required to state :—

(i) the name of the said local authority ;

(ii) the office held by him ;

(iii) the period of his service with the said local authority ;

(iv) the date of his birth.

(f) After the date specified in the advertisement as the date before which applications will be received, the public assistance authority shall appoint a selection board to interview persons who duly applied in accordance with the terms of the said advertisement.

(g) A selection board shall consist of at least three persons not more than two of whom shall be persons residing in the public assistance district.

(h) The selection board shall interview such of the persons who have applied for the office and who present themselves for interview and having considered their qualifications, seniority of service, experience and suitability for the office, shall place in order of merit the names of the persons whom they consider qualified and suitable for appointment to the office and shall recommend the public assistance authority to appoint to the office the person placed first in order of merit.

(i) Subject to the next following paragraph, the public assistance authority shall appoint to the office the person recommended for appointment by the selection board.

(j) If the public assistance authority are satisfied that the person recommended for appointment is unsuitable to hold the office, they may, with the consent of the Minister, appoint to the office the person placed next in order of merit by the said board whom they consider suitable to hold the office.

GIVEN under the official Seal of the Minister for Health, this 21st day of May, One Thousand, Nine Hundred and Forty-nine.

(Signed) NOËL C. BROWNE,

Minister for Health.