S.I. No. 3/1990 - The Health (Corporate Bodies) (Establishment) (Orders) (Amendment) Order, 1990.


S.I. No. 3 of 1990.

THE HEALTH (CORPORATE BODIES) (ESTABLISHMENT) (ORDERS) (AMENDMENT) ORDER, 1990.

The Minister for Health, in exercise of the power conferred on him by Section 3 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961) and Section 4 of that Act as amended by Section 7 of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) hereby orders as follows:—

1. This Order may be cited as the Health (Corporate Bodies) (Establishment) (Orders) (Amendment) Order, 1990.

2. The Beaumont Hospital Board (Establishment Order) 1977, ( S.I. No. 255 of 1977 ), as amended by the Beaumont Hospital Board (Establishment) Order, 1977 (Amendment) Order, 1988 ( S.I. No. 13 of 1988 ), the Beaumont Hospital Board (Establishment) Order, 1977 (Amendment) (No. 2) Order 1988, ( S.I. No. 59 of 1988 ) and the Beaumont Hospital Board (Establishment) Order, 1977 (Amendment) Order, 1989 ( S.I. No. 234 of 1989 ) is hereby amended by addition after Article 24 (A) of the following Article:—

"24 (B) As respects a person whose name is entered in the register of pensionable officers or in Part 1 of the Superannuation Revision Scheme Register and to whose pensionable local service there is not added a period in accordance with paragraph (a) (i) of sub-article (5) of article 10 of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme 1987 ( S.I. No. 316 of 1987 ) or paragraph (a) (i) of sub-article (5) of article 10 of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 ( S.I. No. 391 of 1986 ) and who—

(i) was required as a condition of his appointment to be a registered medical or dental practitioner, a registered pharmacist, or a member of such other profession as may be specified by the Minister for Health for the purposes of the subparagraph,

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

(iii) is not retiring from office as a non-consultant hospital doctor or as a junior hospital dentist,

the Board may add to his pensionable local service the period which could be added in accordance with article 10 of the said Schemes if the circumstances set out in paragraph (a) (i) of sub-article (5) of article 10 of the said Consolidation Schemes applied in relation to the person.".

3. The Dublin Dental Hospital (Establishment Order) 1963 ( S.I. No. 129 of 1963 ), as amended by the Dublin Dental Hospital (Establishment) Order, 1963 (Amendment) Order, 1964, ( S.I. No. 260 of 1964 ), the Dublin Dental Hospital (Establishment) Order 1963 (Amendment) Order, 1975 ( S.I. No. 88 of 1975 ) and the Health (Corporate bodies) (Establishment) (Orders) (Amendment) Order, 1988, ( S.I. No. 280 of 1988 ) is hereby amended by the addition after Article 26 of the following article:—

"26 (A) As respects a person whose name is entered in the register of pensionable officers or in Part 1 of the Superannuation Revision Scheme Register and to whose pensionable local service there is not added a period in accordance with paragraph (a) (i) of sub-article (5) of article 10 of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 ( S.I. No. 316 of 1987 ) or paragraph (a) (i) of sub-article (5) of article 10 of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 ( S.I. No. 391 of 1986 ) and who—

(i) was required as a condition of his appointment to be a registered medical or dental practitioner, a registered pharmacist, or a member of such other profession as may be specified by the Minister for Health for the purposes of this subparagraph,

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

(iii) is not retiring from office as a non-consultant hospital doctor or as a junior hospital dentist,

the Board may add to his pensionable local service the period which could be added in accordance with article 10 of the said Schemes if the circumstances set out in paragraph (a) (i) of sub-article (5) of article 10 of the said Schemes applied in relation to the person.".

4. The Health Research Board (Establishment Order) 1986 ( S.I. No. 279 of 1986 ), as amended by the Health Research Board (Establishment) Order, 1986 (Amendment) Order, 1986, ( S.I. No. 452 of 1986 ) is hereby amended by the addition after Article 24 of the following article:—

"24 (A) As respects a person whose name is entered in the register of pensionable officers or in Part 1 of the Superannuation Revision Scheme Register and to whose pensionable local service there is not added a period in accordance with paragraph (a) (i) of sub-article (5) of article 10 of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 ( S.I. No. 316 of 1987 ) or paragraph (a) (i) of sub-article (5) of article 10 of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 ( S.I. No. 391 of 1986 ) and who—

(i) was required as a condition of his appointment to be a registered medical or dental practitioner, a registered pharmacist, or a member of such other profession as may be specified by the Minister for Health for the purposes of this subparagraph,

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

(iii) is not retiring from office as a non-consultant hospital doctor or as a junior hospital dentist,

the Board may add to his pensionable local service the period which could be added in accordance with article 10 of the said Schemes if the circumstances set out in paragraph (a) (i) of sub-article (5) of article 10 of the said Schemes applied in relation to the person.".

5. The Leopardstown Park Hospital Board (Establishment) Order, 1979, ( S.I. No. 98 of 1979 ), as amended by the Health (Corporate Bodies) (Establishment) (Orders) (Amendment) Order 1988 ( S.I. No. 280 of 1988 ) is, hereby amended by the addition after Article 25 (A) of the following Article:—-

"25 (B) As respects a person whose name is entered in the register of pensionable officers or in Part 1 of the Superannuation Revision Scheme Register and to whose pensionable local service there is not added a period in accordance with paragraph (a) (i) of sub-article (5) of article 10 of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 ( S.I. No. 316 of 1987 ) or paragraph (a) (i) of sub-article (5) of article 10 of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 ( S.I. No. 391 of 1986 ) and who—

(i) was required as a condition of his appointment to be a registered medical or dental practitioner, a registered pharmacist, or a member of such other profession as may be specified by the Minister for Health for the purposes of this subparagraph,

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

(iii) is not retiring from office as a non-consultant hospital doctor or as a junior hospital dentist,

the Board may add to his pensionable local service the period which could be added in accordance with article 10 of the said Schemes if the circumstances set out in paragraph (a) (i) of sub-article (5) of article 10 of the said Consolidation Schemes applied in relation to the person.".

6. The National Drugs Advisory Board (Establishment) Order, 1966 ( S.I. No. 163 of 1966 ) as amended by the National Drugs Advisory Board (Establishment) Order, 1966 (Amendment) Order, 1980, ( S.I. No. 335 of 1980 ) The National Drugs Advisory Board (Establishment) Order, 1966 (Amendment) Order, 1987 ( S.I. No. 291 of 1987 ) and the Health (Corporate Bodies) (Establishment) (Orders) (Amendment) Order, 1988 ( S.I. No. 280 of 1988 ) is hereby amended by the addition after Article 24 of the following Article:—

"24 (A) As respects a person whose name is entered in the register of pensionable officers or in Part 1 of the Superannuation Revision Scheme Register and to whose pensionable local service there is not added a period in accordance with paragraph (a) (i) of sub-article (5) of article 10 of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 ( S.I. No. 316 of 1987 ) or paragraph (a) (i) of sub-article (5) of article 10 of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 ( S.I. No. 391 of 1986 ) and who—

(i) was required as a condition of his appointment to be a registered medical, dental or veterinary practitioner, a registered pharmacist or a member of such other profession as may be specified by the Minister for Health for the purposes of this subparagraph.

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

(iii) is not retiring from office as a non-consultant hospital doctor or as a junior hospital dentist,

the Board may add to his pensionable local service the period which could be added in accordance with article 10 of the said Schemes if the circumstances set out in paragraph (a) (i) of sub-article (5) of article 10 of the said Schemes applied in relation to the person.".

7. The National Rehabilitation Board (Establishment Order) 1967 ( S.I. No. 300 of 1967 ), as amended by the Health (Corporate Bodies) (Establishment) (Orders) (Amendment) Order, 1988, ( S.I. No. 280 of 1988 ) is hereby amended by the addition after Article 26 (A) of the following article:—

"26 (B) As respects a person whose name is entered in the register of pensionable officers or in Part 1 of the Superannuation Revision Scheme Register and to whose pensionable local service there is not added a period in accordance with paragraph (a) (i) of sub-article (5) of article 10 of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 ( S.I. No. 316 of 1987 ) or paragraph (a) (i) of sub-article (5) of article 10 of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 ( S.I. No. 391 of 1986 ) and who—

(i) was required as a condition of his appointment to be a registered medical or dental practitioner, a registered pharmacist, or a member of such other profession as may be specified by the Minister for Health for the purposes of this subparagraph,

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

(iii) is not retiring from office as a non-consultant hospital doctor or as a junior hospital dentist,

the Board may add to his pensionable local service the period which could be added in accordance with article 10 of the said Schemes if the circumstances set out in paragraph (a) (i) of sub-article (5) of article 10 of the said Schemes applied in relation to the person.''.

8. The St. James's Hospital Board (Establishment) Order, 1971 ( S.I. No. 187 of 1971 ), as amended by the Health (Corporate Bodies) (Establishment) (Orders) (Amendment) Order, 1988, ( S.I. No. 280 of 1988 ) is hereby amended by the addition after Article 24 (A) of the following Article:—

"24 (B) As respects a person whose name is entered in the register of pensionable officers or in Part I of the Superannuation Revision Scheme Register and to whose pensionable local service there is not added a period in accordance with paragraph (a) (i) of sub-article (5) of article 10 of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 ( S.I. No. 316 of 1987 ) or paragraph (a) (i) of sub-article (5) of article 10 of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 ( S.I. No. 391 of 1986 ) and who—

(i) was required as a condition of his appointment to be a registered medical or dental practitioner, a registered pharmacist, or a member of such other profession as may be specified by the Minister for Health for the purposes of this subparagraph.

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

(iii) is not retiring from office as a non-consultant hospital doctor or as a junior hospital dentist,

the Board may add to his pensionable local service the period which could be added in accordance with article 10 of the said Schemes if the circumstances set out in paragraph (a) (i) of sub-article (5) of article 10 of the said Schemes applied in relation to the person.".

9. The Tallaght Hospital Board (Establishment Order) 1980 ( S.I. No. 38 of 1980 ), as amended by the Health (Corporate Bodies) (Establishment) (Orders) (Amendment) Order, 1988, ( S.I. No. 280 of 1988 ), is hereby amended by the addition after Article 25 (A) of the following Article:—

"25 (B) As respects a person whose name is entered in the register of pensionable officers or in Part 1 of the Superannuation Revision Scheme Register and to whose pensionable local service there is not added a period in accordance with paragraph (a) (i) of sub-article (5) of article 10 of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 (S.I. 316 of 1987 or paragraph (a) (i) of sub-article (5) of article 10 of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 ( S.I. No. 391 of 1986 ) and who—

(i) was required as a condition of his appointment to be a registered medical or dental practitioner, a registered pharmacist, or a member of such other profession as may be specified by the Minister for Health for the purposes of this subparagraph,

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

(iii) is not retiring from office as a non-consultant hospital doctor or as a junior hospital dentist,

the Board may add to his pensionable local service the period which could be added in accordance with article 10 of the said Schemes if the circumstances set out in paragraph (a) (i) of sub-article (5) of article 10 of the said Schemes applied in relation to the person.".

GIVEN under the Official Seal of the Minister for Health this 8th day of January, 1990.

RORY O'HANLON,

Minister for Health.

The Minister for the Environment hereby consents to the making of the above Order.

GIVEN under the Official Seal of the Minister for the Environment this 8th day of January, 1990.

PADRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE.

The effect of this Order is to provide for the same additions to service under the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 and the Local Government (Superannuation) Act, 1956 in the case of certain professionals in health corporate bodies as is provided for in the case of their counterparts employed in health boards.