Health (Miscellaneous Provisions) Act 2007

PART 2

Health Corporate Bodies

Confirmation of certain orders under section 3 of Act of 1961.

5.— (1) Subject to subsection (6), every order under section 3 of the Act of 1961 made before the passing of this Act shall have statutory effect as if it were an Act of the Oireachtas.

(2) Every act done, or purporting to have been done, by a body established under section 3 of the Act of 1961 under and in accordance with an order made under that section shall be, and be deemed always to have been, valid and effectual for all purposes.

(3) If subsection (1) or (2) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.

(4) This section shall not operate to prevent the making of an order under section 83 of the Health and Social Care Professionals Act 2005 .

(5) The Public Service Superannuation (Miscellaneous Provisions) Act 2004 shall, in so far as it applied to an official, servant, employee or member of the staff of a body established under section 3 of the Act of 1961 immediately before the passing of this Act, continue to so apply after the passing of this Act.

(6) This section shall not apply to an order—

(a) that, immediately before the passing of this Act, stood revoked under section 7 of the Act of 1961, or

(b) if, immediately before such passing, the body established by the order stood dissolved under any other enactment.