Health Act, 1970

Suspension of other officers of health boards.

22.—(1) Whenever, in respect of an officer of a health board other than the chief executive officer, there is, in the opinion of the chief executive officer, reason to believe that the officer has misconducted himself in relation to his office or is otherwise unfit to hold office, the chief executive officer may, after consultation with the chairman or, in his absence, the vice-chairman of the board, suspend the officer from the performance of the duties of his office while the alleged misconduct or unfitness is being inquired into and any disciplinary action to be taken in regard thereto is being determined.

(2) The chief executive officer shall notify the Minister forthwith of any suspension under this section, and shall state the cause of the suspension to the officer and to the Minister.

(3) Every suspension under this section shall continue until terminated by the chief executive officer or, in the case of a suspension which has continued for longer than one month, the Minister.

(4) Whenever an officer of a health board is suspended under this section, he shall forthwith hand over to the board all books, deeds, contracts, accounts, vouchers, maps, plans and other documents in his possession, custody or control which relate to his office.

(5) An officer suspended under this section shall not be paid any remuneration (other than remuneration for a period prior to his suspension) in respect of his office during the continuance of his suspension and, on the termination of his suspension, the remuneration which he would, had he not been suspended, have been paid during the period of suspension shall be wholly or partly forfeited or paid to him or otherwise disposed of as may be directed by—

(a) in the case of a suspension of not more than one month's duration, the chief executive officer, and

(b) in any other case, the Minister.

(6) Whenever an officer of a health board is suspended under this section, the chief executive officer may, if he thinks fit, make with the consent of the Minister an ex gratia payment to the suspended officer.

(7) Any sum paid under subsection (6) shall be repayable by the officer to the health board and may be deducted from any moneys payable by the board to him.

(8) Any sum paid under subsection (6) shall not be reckoned as salary or emolument for the purposes of the Local Government (Superannuation) Act, 1956 .