S.I. No. 31/1972 - Health (Local Committees) Regulations, 1972.

S.I. No. 31 of 1972.

HEALTH (LOCAL COMMITTEES) REGULATIONS, 1972.

The Minister for Health, in exercise of the powers conferred on him by section 7 of the Health Act, 1970 (No. 1 of 1970), after compliance with subsection (4) of that section, hereby makes the following Regulations :

1. These Regulations may be cited as the Health (Local Committees) Regulations, 1972.

2. In these Regulations—

"the Minister" means the Minister for Health;

"registered dentist" means a dentist registered in the register of dentists maintained by the Dental Board;

"registered medical practitioner" means a medical practitioner registered in the register of medical practitioners maintained by the Medical Registration Council, other than a person provisionally registered under section 7 of the Medical Practitioners Act, 1951 (No. 29 of 1951), or temporarily registered under section 3 of the Medical Practitioners Act, 1955 (No. 1 of 1955 );

"registered nurse" means a nurse registered in the register of nurses maintained by An Bord Altranais;

"registered phychiatric nurse" means a nurse registered in the psychiatric division of the register of nurses maintained by An Bord Altranais;

"registered pharmaceutical chemist" means a pharmaceutical chemist registered in the register of pharmaceutical chemists maintained by the Pharmaceutical Society of Ireland;

"registered dispensing chemist and druggist" means a dispensing chemist and druggist registered in the register of dispensing chemists and druggists maintained by the Pharmaceutical Society of Ireland.

3. There shall be established, in accordance with these Regulations, in relation to the functional areas of the appropriate health boards—

(a) a local committee for each county within the functional area of a board (other than the counties of Cork, Dublin and Waterford),

(b) a local committee for the county borough of Dublin,

(c) a local committee for the county health district of Dublin,

(d) a local committee for the borough of Dún Laoghaire,

(e) a local committee for the county borough of Cork and the county health district of South Cork,

(f) a local committee for the county health district of North Cork,

(g) a local committee for the county health district of West Cork,

(h) a local committee for the county borough of Limerick,

(i) a local committee for the county of Waterford and the county borough of Waterford.

4. (1) Members of a local committee shall be appointed in accordance with article 5 of these Regulations.

(2) The rules in the Schedule to these Regulations shall apply in relation to a local committee.

5. (1) The membership of a local committee shall consist of—

(a) (i) in the case of a committee referred to in article 3 (a), three members of the county council for each county electoral area in the county, appointed successively from among the councillors elected for the area and, if there are four and no more electoral areas in the county, three further county councillors appointed successively from among the members of the council,

(ii) in the case of the committee referred to in article 3 (b), two members of the Dublin City Council for each electoral area in the county borough, appointed successively from among the councillors elected for the area,

(iii) in the case of the committee referred to in article 3 (c), three members of the council for the county of Dublin for each county electoral area in that county (other than the county electoral area which is coterminous with the borough of Dún Laoghaire), appointed successively from among the councillors elected for the area,

(iv) in the case of the committee referred to in article 3 (d), the members of the Dún Laoghaire Borough Council,

(v) in the case of the committee referred to in article 3 (e), two members of the Cork City Council for each electoral area in the county borough appointed successively from among the councillors elected for the area and three of the members of the council for the county of Cork elected for each of the county electoral areas of Bandon, Cork and Midleton, appointed successively from among the councillors elected for the area,

(vi) in the case of the committee referred to in article 3 (f), the members of the council for the county of Cork elected for the electoral areas of Kanturk and Mallow,

(vii) in the case of the committee referred to in article 3 (g), the members of the council for the county of Cork elected for the electoral areas of Skibbereen and Schull,

(viii) in the case of the committee referred to in article 3 (h), the members of the Limerick City Council,

(ix) in the case of the committee referred to in article 3 (i), three members of the council for the county of Waterford for each county electoral area in the county, appointed successively from among the councillors elected for the area and two members of the Waterford City Council for each electoral area in the county borough and one further city councillor appointed successively from among the members of the council,

(b) the manager for each local authority which appoints members of the committee, or an assistant manager or a senior officer of the local authority designated by the manager after consultation with the council,

(c) a medical officer of the health board performing in the functional area of the committee duties analogous to those performed before 1st day of April, 1971 by a county medical officer, appointed by the health board,

(d) the resident medical superintendent of or a senior psychiatrist, designated by the health board, in a mental hospital serving the functional area of the committee, appointed by the health board,

(e) in the case of a committee other than the committee referred to in article 3 (g), a consultant in a general hospital serving the functional area of the committee and two other registered medical practitioners practising in its functional area, at least one of whom shall be a general practitioner,

(f) in the case of the committee referred to in article 3 (g), a consultant in a general hospital serving the functional area of the committee and one other registered medical practitioner practising in its functional area,

(g) a registered psychiatric nurse,

(h) a registered nurse who is a public health nurse,

(i) a registered dentist,

(j) a registered pharmaceutical chemist or a registered dispensing chemist and druggist practising in the functional area of the committee,

(k) the superintendent assistance officer for the functional area of the committee or a person holding an office with analogous duties, appointed by the health board,

(l) in the case of a committee other than the committees referred to in article 3 (f) and (g), two persons, not being members of a local authority which appoints members to the committee, associated with voluntary organisations concerned with social service, appointed by the health board,

(m) in the case of the committees referred to in article 3 (f) and (g), one person, not being a member for the Council of the county of Cork, associated with a voluntary organisation concerned with social service appointed by the health board.

(2) The first appointments of the members referred to in sub-article (1) (e) to (j) shall be made by the health board on the nomination of bodies representative of the relevant categories of persons and subsequent appointments of members in each category shall be made by election by persons in that category who are practising in the functional area of the committee.

SCHEDULE

RULES RELATING TO A LOCAL COMMITTEE

Appointment of Members

1. (1) Members of the committee to be appointed by the council of a county shall be appointed, in the case of the first appointment, at a meeting of the council held after the establishment of the committee, and thereafter at the annual meeting of the council held next after every quinquennial election of the members of the council.

(2) Where there are members of the committee to be appointed by the corporation of a county borough, those members shall be appointed, in the case of the first appointment, at a meeting of the city council for the county borough held after the establishment of the committee, and thereafter at the quarterly meeting of the city council held next after every quinquennial election of members of the city council.

(3) The members of the appropriate local committee to be appointed by the Corporation of Dún Laoghaire shall be appointed, in the case of the first appointment, at a meeting of the Dún Laoghaire Borough Council held after the establishment of the committee, and thereafter at the quarterly meeting of that council held next after every quinquennial election of members of that council.

(4) A member of the council for the county of Dublin elected for the county electoral area which is coterminous with the borough of Dún Laoghaire shall not be eligible to vote in an appointment by that council of members of a local committee.

2. The first appointments by the health board of members of a local committee shall be for the period ending on a day specified by the Minister and subsequent such appointments shall be for such term of office not exceeding five years as the board may specify.

Tenure of Office

3. Every member of the committee shall hold office (unless he sooner dies, resigns or becomes disqualified) until the day after his successor has been appointed or elected, as the case may be.

4. (1) Where a member of the committee was appointed by the council of a county and he ceases to be (or is disqualified for being) a member of the council, he shall also cease to be (or be disqualified for being) a member of the committee.

(2) Where a member of the committee was appointed by the corporation of a county borough or by the Corporation of Dún Laoghaire and he ceases to be (or is disqualified for being) a member of the city council or the Dún Laoghaire Borough Council (as the case may be), he shall also cease to be (or be disqualified for being) a member of the committee.

Resignation and Termination of Membership

5. A member of the committee may resign his membership by giving notice in writing signed by him to the committee, but the resignation shall not become effective until the meeting of the committee held next after the receipt of the notice.

6. (1) The membership of the committee of a person appointed or elected by virtue of his holding a particular appointment or having a particular qualification shall terminate if he ceases to hold that appointment or have that qualification.

(2) The Minister, on the request of the health board, may at any time terminate the appointment of a member of the committee who was appointed by the board.

Casual Vacancies

7. (1) A casual vacancy occurring among the members of the committee appointed by the relevant local authorities shall be filled by the council or corporation by whom the member causing the vacancy was appointed.

(2) A casual vacancy occurring among the other members of the committee shall be filled by appointment by the health board but subject to the limitations which governed the appointment of the person whose cessor of membership caused the vacancy.

Quorum

8. The quorum of the committee shall be—

(a) where the total number of the members of the committee is a number divisible by four without a remainder, one-fourth of the total number of members of the committee, or

(b) where the total number of the members of the committee is a number which is not divisible by four without a remainder, one-fourth of the next higher number which is divisible by four without a remainder.

Meetings

9. (1) The first meeting of the committee shall be held on a day to be appointed by the health board.

(2) A meeting of the committee shall be held after each appointment of members of the relevant local authorities on a day to be appointed by the health board.

(3) The committee shall hold such other meetings as may be necessary for the performance of its functions.

Chairman and Vice-Chairman

10. (1) The committee shall from time to time elect one of its members (not being a member who is an officer or servant of the health board) to be chairman of the committee, and another of its members (not being a member who is an officer or servant of the health board) to be vice-chairman of the committee.

(2) A chairman or vice-chairman of the committee shall hold office for the period specified by the committee at his appointment unless—

(a) he ceases to be, or becomes disqualified for being a member of the committee;

(b) he resigns the office of chairman or vice-chairman and his resignation becomes effective under this rule;

(c) the committee by a resolution, for which not less than two-thirds of the members of the committee voted and of the intention to propose which not less than seven days' notice was given to every person who was a member of the committee when the notice was given, terminates his appointment as chairman or vice-chairman.

(3) A chairman or vice-chairman of the committee may at any time resign his office of chairman or vice-chairman by giving notice in writing signed by him to the committee, but the resignation shall not become effective until the commencement of the meeting of the committee held next after the receipt by the committee of the resignation.

(4) Whenever, at the election of a chairman or vice-chairman of the committee, there is an equality of votes for two or more persons, it shall be determined by lot which of those persons shall be chairman or vice-chairman of the committee.

Proceedings at Meetings

11. The proceedings of the committee shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointments to the committee or in the qualification of any member thereof.

12. The chairman or, in his absence, the vice-chairman of the committee may call a meeting of the committee.

13. If the chairman or, in his absence, the vice-chairman of the committee refuses to call a meeting of the committee after a requisition for that purpose, signed by three members of the committee, has been presented to him, any three members of the committee may forthwith call a meeting and if the chairman or vice-chairman (without so refusing) does not, within seven days after the presentation of the requisition, call a meeting of the committee, any three members of the committee may, on the expiration of those seven days, call a meeting of the committee.

14. Three clear days at least before any meeting of the committee, a summons to attend the meeting, specifying the business proposed to be transacted thereat, shall be left or delivered by post at the usual place of abode of every member of the committee, but failure so to leave or deliver such summons for or to a member or some of the members of the committee shall not affect the validity of a meeting.

15. No business shall be transacted at a meeting of the committee other than that specified in the summons relating thereto.

16. At a meeting of the committee—

(a) the chairman of the committee shall, if he is present, be chairman of the meeting,

(b) if and so long as the chairman of the committee is not present or the office of chairman is vacant, the vice-chairman shall, if he is present, be chairman of the meeting,

(c) if and so long as the chairman of the committee is not present or 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 committee who are present shall choose one of their number to be chairman of the meeting.

17. Minutes of the proceedings of a meeting of the committee shall be drawn up and entered in a book kept for that purpose and shall be signed by the chairman of the meeting or of the next ensuing meeting.

18. The names of the members present at a meeting of the committee shall be recorded in the minutes of the proceedings of the meeting.

19. The names of the members voting on any question arising at a meeting of the committee shall, if any member so requests, be recorded in the minutes of the proceedings of the meeting and the record shall show which members voted for and which against the question.

20. All acts of the committee and all questions coming or arising before the committee may be done and decided by the majority of such members of the committee as are present and vote at a meeting of the committee duly held according to law.

21. In case of equality of votes on any question arising at a meeting of the committee, (other than the election of a chairman or vice-chairman) the chairman of the meeting shall have a second or casting vote.

22. The committee may make standing orders for the regulation of its proceedings, other than proceedings the regulation of which is provided for by or under statute, and may amend or revoke such standing orders.

GIVEN under the Official Seal of the Minister for

Health this 4th day of February, 1972.

ERSKINE H. CHILDERS,

Minister for Health.

EXPLANATORY NOTE.

These Regulations establish local committees under section 7 of the Health Act, 1970 , and specify the functional area, membership and method of appointment of members of each such committee. The Regulations also specify the rules relating to a local committee.