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S.I. No. 538/1998 - St James's Hospital Board (Establishment) Order, 1971 (Amendment) Order, 1998

S.I. No. 538/1998:

ST JAMES'S HOSPITAL BOARD (ESTABLISHMENT) ORDER, 1971 (AMENDMENT) ORDER, 1998

ST JAMES'S HOSPITAL BOARD (ESTABLISHMENT) ORDER, 1971 (AMENDMENT) ORDER, 1998

The Minister for Health and Children in exercise of the powers conferred on him or her by sections 3 to 6 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961), hereby orders as follows:-

1. This Order may be cited as the St. James's Hospital Board (Establishment) Order, 1971 (Amendment) order, 1998.

2. In this Order -

"the Establishment Order" means the St. James's Hospital Board (Establishment) Order, 1971 ( S.I. No. 187 of 1971 );

"the Order of 1984" means the St James's Hospital Board (Establishment) Order 1971 (Amendment) Order 1984 ( S.I. No. 211 of 1984 );

"the Order of 1989" means the St James's Hospital Board (Establishment) Order 1971 (Amendment) Order 1989 ( S.I. No. 327 of 1989 );

"the Order of 1996" means the St James's Hospital Board (Establishment) Order 1971 (Amendment) Order 1996 ( S.I. No. 136 of 1996 );

"a Clinical Director" means a consultant medical doctor appointed by the Chief Executive Officer to manage a defined clinical unit of management at the hospital

"the University of Dublin" means the University of Dublin, Trinity College

"Dublin Corporation" means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin

"St. James's Hospital Foundation" means the St. James's Hospital Foundation Limited

"Chief Executive Officer" means the Chief Executive Officer of St. James's Hospital

3. The Establishment Order is hereby amended by the substitution for Article 5 (as substituted by Article 3 of the Order of 1984, as amended by Article 3 of the Order of 1989 and as amended by Article 3 of the Order of 1996), of the following article:-

"5. (1) the Board shall consist of fifteen members.

(2) two of the members shall be appointed by the Minister, one of whom shall be appointed by the Minister to be the Chairperson of the Board.

(3) four of the members, who shall be members of Dublin Corporation,, shall be appointed by the Minister and the persons so appointed shall be representative of the local electoral areas, obtaining from time to time, which correspond with the geographic area served by the hospital

(4) the remaining members of the Board shall be appointed by the Minister as follows:-

(i) two members, one of whom shall be a Clinical Director, shall be appointed from amongst the consultant medical staff of the Hospital, on the nomination of the Medical Board of the Hospital.

(ii) two members, one of whom shall be a member of the nursing staff of the hospital, shall be appointed on the nomination of the group of trade unions representing the non-medical staff of the hospital. .

(iii) two members shall be appointed on the nomination of the University of Dublin (iv) one member shall be appointed on the nomination of the Board of Directors of the St James's Hospital Foundation.

(v) two members shall be appointed on the nomination of the Chairman in consultation with the Chief Executive Officer".

(5) In the case of members nominated under sub-articles (4)(iii) and (4)(iv) of this article the University of Dublin and the Board of Directors of the St James's Hospital Foundation shall consult with the Chairman and Chief Executive Officer before making nominations to the Minister".

4. The Establishment Order is hereby amended by the substitution for Article 6 (as substituted by Article 4 of the Order of 1984, as substituted by Article 4 of the Order of 1989) of the following article:-

"6. The term of office of a member of the Board shall, unless s/he sooner dies, resigns, or ceases to be a member under article 8 of this Order, terminate:-

(1) in the case of a member appointed under sub-article (2) of article 5 of this Order, - at the end of six years or at the end of such period not exceeding six years as may be determined by the Minister when appointing him/her.

(2) in the case of a member appointed under sub-article (3) of article 5 who, on appointment was a member of Dublin Corporation - on the day of the first meeting of the said Corporation after the appointment of members following a local authority election of members to the said Corporation.

(3) in the case of members appointed under sub-articles (4)(i) and (4)(ii) of Article 5 - at the end of three years or at the end of such period not exceeding three years as may be determined by the body nominating such members

(4) in the case of members appointed under sub-articles (4) (iii) and (4)(iv) of Article 5 - at the end of six years or at the end of such period not exceeding six years as may be determined by the body nominating such members.

(5) (a) in the case of one of the members first appointed under sub-article (4)(v) of article 5 - at the end of three years or at the end of such period not exceeding three years as may be determined by the person nominating such a member

(b) In the case of the second member first appointed under sub-article (4)(v) of Article 5 - at the end of six years or at the end of such period not exceeding six years as may be determined by the person nominating such a member

(c) in the case of all subsequent appointments under paragraph 4(a) of this Article - at the end of six years or at the end of such period not exceeding six years as may be determined by the person nominating such a member

(6) In the case of a member who ceases to hold the office or post held by him/her on his/her appointment, on s/he ceasing to hold that office or post.

(7) A member shall cease to be a member on being requested by the Minister to resign."

5. Article 8 of the Establishment Order (as substituted by Article 5 of the Order of 1984) is hereby amended by the substitution for sub-article (b) in that article of the following sub-article:-

"(b) a member of the Board may resign his/her membership by giving notice in writing signed by him/her to the Chairperson who shall inform the Minister accordingly"

6. The Establishment Order is hereby amended by the substitution for article 10 of the following article:-

"10 The quorum of the Board shall be five."

7. The Establishment Order is hereby amended by the addition thereto of the following article:-

"28. (1) A member of the Board who has either a direct or indirect interest in any company or concern with which the Board proposes to enter into any contract, or in any other contract which the Board proposes to make

(a) shall disclose or cause to be disclosed to the Board the fact and the nature of such interest at the meeting of the Board at which the question of entering into such a contract is first considered or, if he or she has no such interest at that time, as soon as may be after he or she has acquired such interest,

(b) shall take no part in the deliberations of the Board relating to such a contract save to such extent as the Chairperson of the Board may permit,

(c) shall not vote on a decision relating to such a contract, and

(d) shall not be counted in the quorum present at any meeting while such a contract (if made) or such a proposal is being considered.

(2) A disclosure under this article shall be recorded in the records of the Board.

(3) Where the Minister is satisfied that a member of the Board has failed to comply with a requirement of sub-article (1) of this article, the Minister may, if he or she thinks fit, remove that member from office and a person so removed shall thenceforth be disqualified from membership of the Board".

8. The Establishment Order is hereby amended by the addition thereto of the following article:-

"29. A person shall not, without the consent of the Board, disclose any information obtained by him while performing duties as a member or employee of, or as a consultant or adviser to, the Board, except as may'be required by legislation".

GIVEN under the Official Seal of the Minister for Health and

Children this 23 day of December, 1998

Brian Cowen TD

Minister for Health & Children

EXPLANATORY NOTE

The effect of the Order is to reduce the membership of the St James's Hospital Board from eighteen to fifteen.