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  4. S.I. No. 153/1980 - The Dublin Rheumatism Clinic Board (Establishment) Order, 1980 (Revocation) Order, 1980.

S.I. No. 153/1980 - The Dublin Rheumatism Clinic Board (Establishment) Order, 1980 (Revocation) Order, 1980.

S.I. No. 153 of 1980.

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

The Minister for Health, in exercise of the powers conferred on him by section 7 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961), hereby orders as follows—

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

2. In this Order—

"the Board" means the Dublin Rheumatism Clinic Board;

"the appointed day" means the 30th day of May, 1980.

3. On the appointed day, the Board shall be dissolved and the Dublin Rheumatism Clinic Board (Establishment) Order, 1980 ( S.I. No. 135 of 1980 ) shall be revoked.

4. The following provisions shall apply in relation to the dissolution of the Board:—

( a ) (i) All property, other than the premises described in the Schedule hereto, whether real or personal (including choses-in-action), which, immediately before the appointed day was vested in or belonged to or was held in trust for the Board and all rights, powers and privileges relating to or connected with any such property shall on the said day, without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in and be the property of or held in trust for (as the case may require) the St. James's Hospital Board for all the estate term or interest for which the same immediately before the appointed day was vested in or belonged to or was held in trust for the Board but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

(ii) All property ( other than the premises described in the Schedule hereto) transferred by this paragraph which, immediately before the appointed day was standing in the books of any bank or was registered in the books of any bank, corporation or company in the name of the Board shall, upon the request of the St. James's Hospital Board made at any time after the said day, be transferred in such books by such bank corporation or company into the name of the St. James's Hospital Board.

(iii) After the appointed day, every chose-in-action transferred by this paragraph from the Board to the St. James's Hospital Board may be sued upon, recovered or enforced by the St. James's Hospital Board in its own name and it shall not be necessary for the St. James's Hospital Board to give notice to the person bound by such chose-in-action of the transfer effected by this paragraph.

( b ) (i) Every debt and other liability (including mortgage debts and also including unliquidated liabilities arising from torts or breaches of contract) which immediately before the appointed day was owing and unpaid or had been incurred and was undischarged by the Board shall, on the said day, become and be the debt or liability of the St. James's Hospital Board and shall be paid or discharged by and may be recovered from or enforced against the St. James's Hospital Board accordingly.

(ii) The dissolution of the Board shall not invalidate or affect any paying order which may have been issued by the Board and not presented for payment before the appointed day or any authority given by the Board for the payment of the amount of such paying order, and the St. James's Hospital Board shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the said day.

( c ) Every bond, guarantee or other security of a continuing character made or given by the Board to another person or by any person to the Board and in force immediately before the appointed day and every contract or agreement in writing made between the Board and another person and not fully executed and completed before the said day shall, notwithstanding the dissolution of the Board, continue in force after the said day but shall be construed and have effect as if the name St. James's Hospital Board were substituted therein for the name of the Board, and such security, contract or agreement shall be enforceable by or against St. James's Hospital Board accordingly.

( d ) Every resolution passed, order made, and notice served by the Board before the appointed day the operation, effect or term of which had not ceased or expired before the said day shall, after the said day continue in force and have effect as if it were a resolution passed, order made or notice served by the St. James's Hospital Board on the date on which the same was actually passed, made or served by the Board and as if the functions of the Board, were on the said date, performable by the St. James's Hospital Board.

( e ) In every action, suit prosecution or other proceeding which stood pending immediately before the appointed day in any court or tribunal and to which the Board was a party, the St. James's Hospital Board shall on the said day become and be a party in the place of the Board and such proceeding shall be continued between the St. James's Hospital Board and the other parties there-to accordingly, and no such proceeding shall abate or be discontinued, or prejudicially affected by reason of the dissolution of the Board.

( f ) (i) All books and other documents directed or authorised by or under any statute or statutory instrument to be kept by the Board and which, immediately before the appointed day, would be receivable in evidence shall notwithstanding the dissolution of the Board be admitted in evidence after the said day as fully as if the Board had not been dissolved.

(ii) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any statute or statutory instrument to be kept by the Board would, if verified in a particular manner by a particular officer of the Board, have been admissible immediately before the appointed day as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if certified in such particular manner by an officer of the St. James's Hospital Board authorised by that Board in that behalf, be admitted, after the said day, as evidence of such contents to the same extent as such first mentioned extract or certificate would have been so admitted if the Board had not been dissolved.

( g ) Any officer who, immediately before the appointed day, was in the employment of the Board shall, on the appointed day, be transferred to analogous employment under the St. James's Hospital Board.

( h ) The premises described in the Schedule hereto, shall on the appointed day be transferred to the Health Education Bureau.

SCHEDULE.

The lands and premises in the County Borough of Dublin known as Pembroke House and also as Number 34 Upper Mount Street and described in an Indenture of assignment dated the 10th day of April, 1941 made between George Patrick Walsh of 141, Harold's Cross Road in the City of Dublin of the one part and Thomas J. O'Reilly of 4 Wyndham Park, Bray, Co. Wicklow, Medical Doctor of the other part and being the lands firstly, secondly, thirdly, fourthly, fifthly, sixthly and seventhly described in the Schedule to the said Indenture and which lands and premises were assigned to the Dublin Rheumatism Clinic Association by Indenture of assignment dated the 4th day of March, 1943 made between the said Thomas J. O'Reilly and the Dublin Rheumatism Clinic Association.

GIVEN under the Official Seal of the Minister for Health this 28th day of May, 1980.

MICHAEL WOODS,

Minister for Health.

EXPLANATORY NOTE.

The effect of this Order is to dissolve the Dublin Rheumatism Clinic Board established as a corporate body under the Health (Corporate Bodies) Act, 1961 by S.I. 135 of 1980 and to transfer its staff, assets (excluding premises) liabilities etc. to the St. James's Hospital Board.