S.I. No. 371/1986 - Medical Research Board (Establishment) Order, 1986.

S.I. No. 371 of 1986.

MEDICAL RESEARCH BOARD (ESTABLISHMENT) ORDER, 1986.

WHEREAS on the 29th day of September, 1986 the Minister for Health certified that The Medical Research Council of Ireland is a company under the Companies Acts, 1963 to 1986 to which section 8 of the Health (Corporate Bodies) Act, 1961 applies;

AND WHEREAS on the 15th day of October, 1986 the said Medical Research Council of Ireland resolved that the said Company be wound up on the 31st day of October, 1986 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 Medical Research Board (Establishment) Order, 1986.

2. In this Order:—

"the board" means the Medical Research Board established by this Order;

"the Company" means the company known as The Medical Research Council of Ireland.

3. A body, to be known as the Medical Research Board is hereby established.

4. The functions of the Board are to take over the property (including choses-in-action), assets, rights and liabilities which immediately before the 31st day of October, 1986 were vested in or belonged to or were held in trust for the Company and to perform the functions which immediately before the 31st day of October, 1986 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 31st day of October, 1986 were members of the Company and the Chairman of the Company shall be Chairman of the Board.

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 convened by the Chairman of the Board.

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

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

(5) 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.

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

(7) 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 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.

9. (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.

10. (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 21st

day of November, 1986.

BARRY DESMOND,

Minister for Health.

EXPLANATORY NOTE.

The effect of this Order is to establish under the Health (Corporate Bodies) Act, 1961 , a body to be known as the Medical Research Board in succession to the Medical Research Council of Ireland which, was wound up for the purposes of section 8 of the said Act with effect from 31st October, 1986.