S.I. No. 135/1980 - The Dublin Rheumatism Clinic Board (Establishment) Order, 1980.

S.I. No. 135 of 1980.

THE DUBLIN RHEUMATISM CLINIC BOARD (ESTABLISHMENT) ORDER, 1980.

WHEREAS on the 12th day of May, 1977, the Minister for Health certified that the Dublin Rheumatism Clinic Association is a company to which section 8 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961) applied;

AND WHEREAS on the 7th day of September, 1978 the said Dublin Rheumatism Clinic Association, duly resolved that the said Company be wound up for the purposes of the said section 8 of the said Act;

AND WHEREAS by subsection (3) of the said section 8, the said Company is deemed to be a body established by an establishment order under the said Act and in pursuance of the said subsection the Minister for Health is required to make, in respect of the said body, an establishment order under the said Act:

NOW THEREFORE, the Minister for Health in exercise of the powers conferred on him by sections 3 to 6 of the Health (Corporate Bodies) Act, 1961 , hereby orders as follows:—

1. This Order may be cited as the Dublin Rheumatism Clinic Board (Establishment) Order, 1980.

2. A body to be known as the Dublin Rheumatism Clinic Board is hereby established.

3. In this Order—

"the Board" means the Dublin Rheumatism Clinic Board established by this Order;

"the Company" means the company known as the Dublin Rheumatism Clinic Association;

4. The functions of the Board are to take over the property (including choses-in-action), assets, rights and liabilities which immediately before the 7th day of September, 1978 were vested in or belonged to or were held in trust for the Company and to perform the functions which immediately before the 7th day of September, 1978 the Company was empowered by the provisions of the memorandum of association of the Company to perform.

5. The Board shall consist of those persons who, on the 7th day of September, 1978, were members of the Company.

6. (1) The board may meet for the transaction of business, adjourn and otherwise regulate their meetings as they think fit.

(2) The first meeting of the Board shall be held within 21 days of the date of this Order.

(3) At the first meeting of the Board the members of the Board shall elect one of the members to be Chairman of the Board.

(4) The quorum of the Board shall be three.

(5) All acts of the Board and all questions coming or arising before the Board may be done and decided by the majority of such members of the Board as are present and vote at a meeting of the Board.

(6) In case of equality of votes on any question arising at a meeting of the Board, the Chairman of the Board shall have a second or casting vote.

(7) Minutes of the proceedings of a meeting of the Board shall be entered in a book kept for that purpose and shall be signed by the Chairman of the meeting or of the next meeting.

(8) The seal of the Board shall be authenticated by the signature of the Chairman of the Board and any one other member.

7. The Board shall cause to be kept proper accounts of all income and expenditure of the Board, and of the sources of such income and the subject matter of such expenditure, and of the property, credits and liabilities of the Board.

8. (1) The officers and servants of the Company immediately prior to the date of this Order shall, subject to the provisions of article 9 of this Order, on such date become and be officers and servants of the Board on the same terms and conditions as they were immediately prior to the date of this Order officers and servants of the Company.

(2) Every officer of the Board holding office in a permanent capacity shall cease to hold his office on attaining the age of sixty five years or at such later date as the Board, with the consent of the Minister, may determine.

9. The Local Government (Superannuation) Act, 1956 (No. 10 of 1956) shall apply to the Board as if it were a local authority, subject to the following modifications:—

(1) A pensionable officer of the Board whose name was, immediately before the date of this order, entered in the register maintained under the Voluntary Hospitals Superannuation Scheme shall be entitled to reckon as pensionable service under the Act any period of service reckonable under the Scheme, or any period of service that would have become reckonable as pensionable service if he had remained a member of the Scheme subject to the payment of appropriate contributions.

(2) A pensionable officer of the Board, not being a pensionable officer to whom paragraph (1) applies, shall be entitled to reckon as pensionable service with the Board—

(i) one half of the continuous period, immediately before the date of this Order, of his service in a permanent wholetime capacity as an officer of the Company, and

(ii) the remaining half of such period subject to the payment by him of contributions at the rate of 5% of his annual salary at the time of payment of the contributions in respect of each year of such remaining half of the total period of service and the Board may recover such contributions by retaining them out of any lump sum, allowance or gratuity payable by the Board to or in respect of him.

(3) As respects a person whose name is entered in the register of pensionable officers and to whose pensionable local service there is not added a period in accordance with paragraph (a) of sub-section (2) of section 13 of the said Act and who—

(i) was required as a condition of his appointment to be a registered medical practitioner, and

(ii) has not less than ten years of pensionable local service,

the Board may add to his pensionable local service the period which could be added in accordance with section 13 of the said Act if the circumstances set out in paragraph (a) of subsection (2) of that section applied in relation to that person.

10. (1) For the purpose of the performance of its functions, the Board may, with the consent of the Minister, borrow money and purchase or take on lease any land.

(2) The Board may, with the consent of the Minister, sell, exchange, let or otherwise dispose of any land vested in them.

11. (1) The Board may accept gifts of money, land and other property upon such trusts and conditions, if any, as may be specified by the donor.

(2) The Board may not accept a gift if the conditions attached by the donor to its acceptance are not consistent with the functions of the Board.

GIVEN under the Official Seal of the Minister for Health this 8th day of May, 1980.

MICHAEL WOODS,

Minister for Health.

The Minister for the Environment hereby consents to the modifications contained in article 9 of the above Order, of the Local Government (Superannuation) Act, 1956 , as applied to the Dublin Rheumatism Clinic Board.

Dated this 8th day of May, 1980.

SYLVESTER BARRETT,

Minister for the Environment.

EXPLANATORY NOTE.

The effect of this Order is to establish under the Health (Corporate Bodies) Act, 1961 , a body to be known as the Dublin Rheumatism Clinic Board in succession to the Dublin Rheumatism Clinic Association which, by resolution passed on 7th September, 1978 was wound up for the purpose of section 8 of the said Act.