Health Authorities Act, 1960

Miscellaneous amendments.

24.—(1) All elections made under subsection (4) of section 5 of the Waterford Infirmary Act, 1896, after the establishment of the Waterford Health Authority shall be made by that Authority.

(2) In the case of the South Cork Charitable Infirmary and the North Cork Infirmary, all appointments of members of the joint committee which, apart from this subsection, would be made under subsection (2) of section 15 of the Local Government Act, 1898 , by the council of the county of Cork or the Cork Corporation shall, after the establishment of the Cork Health Authority, be made by that Authority.

(3) Section 53 and subsection (2) of section 54 of the Public Assistance Act, 1939 , shall not apply to a public assistance district consisting of a county borough and a county included in the functional area of a health authority established by this Act.

(4) Section 86 of the Public Assistance Act, 1939 , is hereby amended—

(a) by inserting “and any health authority established under the Health Authorities Act, 1960 ,” after “corporation of a county borough” in subsection (1);

(b) by substituting “health authority in whose functional area” for “public assistance authority for the public assistance district in which” in paragraph (c) of subsection (2);

(c) by substituting “health authority” for “public assistance authority” in both paragraph (d) and paragraph (e) of subsection (2).

(5) The provisions of paragraph (b) of subsection (1) of section 10 and section 20 of the Local Government Act, 1941 , relating to the duties of officers and of subsections (2) and (6) of the said section 10 relating to appeals shall apply in relation to any office under a health authority established by this Act the duties of which require the holder thereof to assist the chief medical officer (or a county or city medical officer) under that health authority in the performance of his duties as if it were also an office under the sanitary authority of every sanitary district in the functional area of that health authority.

(6) Subsection (2a) of section 6 of the Tuberculosis (Establishment of Sanatoria) Act, 1945 , is hereby amended by the insertion of “or a health authority established by the Health Authorities Act, 1960 ,” after “ Health Act, 1953 ,” and of “or ‘health authority established by the Health Authorities Act, 1960 ’ (as may be appropriate) after ‘joint board ’”.

(7) Subsection (1) of section 2 of the Health Act, 1947 , is hereby amended as follows:

(i) in the definition of the expression “the manager”, the following paragraph shall be substituted for paragraph (b):

“(b) as respects a health authority which is the council of a county or a health authority established by the Health Authorities Act, 1960 —the manager for the purposes of the County Management Acts, 1940 to 1955;”,

(ii) in the definition of the expression “medical officer of health” there shall be inserted “or any other medical officer who is an assistant to a chief medical officer” after “county borough”.

(8) In the application of section 69 of the Health Act, 1947 , to a county the council of which appoint members of a health authority established by this Act, the references in subsection (2) to the council of a county shall be construed as references to that health authority.

(9) Section 70 of the Health Act, 1947 , shall not apply to a county the council of which appoint members of a health authority established by this Act.

(10) In the application of section 71 of the Health Act, 1947 , to a county borough the corporation of which appoint members of a health authority established by this Act—

(a) the reference in subsection (1) to the functions of the corporation of the county borough shall be construed as including a reference to the functions of that health authority, and

(b) the reference in subsection (2) to the corporation of the county borough shall be construed as a reference to that health authority.

(11) Section 72 of the Health Act, 1947 , shall not apply to a county borough in the functional area of a health authority established by this Act.

(12) (a) Subsection (1) of section 4 of the Meath Hospital Act, 1951 , shall have effect, on and after the first Monday in April in the first election year within the meaning of that Act in which, on the first Monday in April, the Dublin Health Authority stand established and the first appointments of members thereof stand completed, as if—

(i) the following paragraph were substituted for paragraph (a):

“(a) eleven members (in this Act referred to as health authority members) elected in accordance with section 4A of this Act,”;

(ii) paragraph (c) and “(c),” in paragraph (f) were deleted.

(b) The following section is hereby inserted after section 4 of the Meath Hospital Act, 1951 :

“4A. (1) The Dublin Health Authority shall in each election year, on or before the first Monday in April in that election year, elect eleven members to act as health authority members, and the term of office of every person so elected shall commence on the day next following the said first Monday.

(2) Subsection (1) of this section shall not apply to the first election year in which the Dublin Health Authority stand established if, on the first Monday in April in that year, the first appointments of members of that Authority do not stand completed.

(3) Every health authority member elected at an election held under subsection (1) of this section shall, unless he sooner dies or resigns, hold office until the expiration of the first Monday in April in the next election year.

(4) Whenever a health authority member dies or resigns, the Dublin Health Authority shall, as soon as conveniently may be, elect a person to fill the vacancy and the person so elected shall hold office for the period for which the health authority member dying or resigning would have held office if he had not died or resigned.”

(c) Subsection (2) of section 5 and subsection (2) of section 7 of the Meath Hospital Act, 1951 , shall not apply in relation to the first election year within the meaning of that Act in which, on the first day of April, the Dublin Health Authority stand established and the first appointments of members thereof stand completed or in relation to any subsequent election year within that meaning.

(13) Subsection (4) of section 45 of the Health Act, 1953 , is hereby amended:

(a) by the insertion in paragraph (h) of “or the Mental Treatment Acts, 1945 to 1958,” after “or this Act”;

(b) by the insertion of the following paragraph after paragraph (h):

“(i) the board shall appoint a banking company to act as their treasurer.”

(14) Section 48 of the Health Act, 1953 , is hereby amended:

(a) by the insertion of “, Limerick” after “Cork” in subsection (1);

(b) by the deletion of subsection (7);

(c) by the insertion of the following paragraph in subsection (8) after paragraph (a):

“(aa) the county borough of Limerick and the county of Limerick,”.