Health (Miscellaneous Provisions) Act 2014

Amendment of Principal Act - insertion of Part 9A (dissolution of Opticians Board)

36. The Principal Act is amended by inserting the following Part after Part 9:

“Part 9A

Dissolution of Opticians Board

Definition of ‘Opticians Board’

91B. In this Part ‘Opticians Board’ means Bord na Radharcmhastóirí.

Dissolution of Opticians Board

91C. (1) The Opticians Board is, by this Act, dissolved on the relevant day.

(2) References to the Opticians Board in any Act of the Oireachtas passed before the relevant day or in any instrument made before the relevant day under an Act of the Oireachtas are to be read on and after that day as references to the Council.

Transfer of staff

91D. (1) Every person who, immediately before the relevant day, was a member of the staff of the Opticians Board is, on the relevant day, transferred to, and becomes a member of, the Council’s staff.

(2) Except in accordance with a collective agreement negotiated with a recognised trade union or staff association, a person transferred under this section is entitled, while in the Council’s service, to be employed on conditions of employment no less favourable than those to which that person was entitled immediately before the relevant day.

(3) The previous service of a person transferred under this section with the Opticians Board is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts:

(a) the Redundancy Payments Acts 1967 to 2007;

(b) the Protection of Employees (Part-Time Work) Act 2001 ;

(c) the Protection of Employees (Fixed-Term Work) Act 2003 ;

(d) the Organisation of Working Time Act 1997 ;

(e) the Terms of Employment (Information) Acts 1994 and 2001;

(f) the Minimum Notice and Terms of Employment Acts 1973 to 2001;

(g) the Unfair Dismissals Acts 1977 to 2001;

(h) the Maternity Protection Acts 1994 and 2004;

(i) the Carer’s Leave Act 2001 ;

(j) the Parental Leave Acts 1998 and 2006;

(k) the Adoptive Leave Acts 1995 and 2005.

(4) Any superannuation benefits awarded by the Council to or in respect of a person transferred under this section, and the conditions relating to those benefits, are to be no less favourable than those applicable to or in respect of that person immediately before the relevant day.

(5) In this section—

‘conditions of employment’ includes conditions in respect of remuneration and related matters;

‘recognised trade union or staff association’ means a trade union or staff association recognised by the Council for the purposes of negotiations that are concerned with the conditions of employment or working conditions of employees.

Transfer of property and liabilities to Council

91E. (1) With effect from the relevant day, the following are transferred to the Council:

(a) all property (real and personal) and rights held or enjoyed immediately before that day by the Opticians Board;

(b) all liabilities incurred before that day by the Opticians Board that had not been discharged before that day.

(2) Accordingly, without any further conveyance, transfer or assignment—

(a) such property vests, on the relevant day, in the Council for all the estate, term or interest for which, immediately before that day, it was vested in the Opticians Board, but subject to all trusts and equities affecting the property and capable of being performed,

(b) such rights are, on and from that day, rights of the Council, and

(c) such liabilities are, on and from that day, liabilities of the Council.

(3) All moneys, stocks, shares and securities transferred to the Council by this section that, immediately before the relevant day, are in the name of the Opticians Board, shall, at the request of the Council, be transferred into its name.

(4) Every right and liability transferred to the Council by this section may, on and after the relevant day, be sued on, recovered or enforced by or against the Council in its own name and it shall not be necessary for it to give notice of the transfer to the person whose right or liability is transferred by this section.

Preservation of certain contracts, etc., and adaptation of references

91F. Every contract or agreement made between the Opticians Board (or any trustee or agent acting on its behalf) and any other person, and in force immediately before the relevant day—

(a) continues in force on and after that day,

(b) is to be read and have effect as if the name of the Council were substituted in the contract or agreement, as the case may be, for that of the Opticians Board or, as the case may be, any trustee or agent acting on its behalf, and

(c) is enforceable against the Council.

Pending legal proceedings

91G. If, immediately before the relevant day, any legal proceedings to which the Opticians Board is a party are pending, the Council’s name shall be substituted in the proceedings for the name of the Opticians Board, and the proceedings shall not abate because of the substitution.

Preparation of accounts

91H. (1) As soon as practicable after the relevant day, the Council shall prepare, in such form as may be approved by the Minister, all proper and usual accounts of money received or expended by the Opticians Board in the accounting year, or the part of an accounting year, of that Board ending immediately before the relevant day.

(2) The Council shall submit accounts prepared under this section to the Comptroller and Auditor General for audit and subsections (3) to (5) of section 21 apply in relation to those accounts.

Transfer of records

91I. (1) Each record held by the Opticians Board immediately before the relevant day—

(a) shall, on that day, stand transferred to the Council, and

(b) shall, on and from that day, be deemed to be held by the Council.

(2) Any right of access, under the Freedom of Information Acts 1997 and 2003, to records that before the relevant day were held by the Opticians Board and that are transferred under subsection (1) is not affected by the transfer of those records.

(3) For the purposes of section 18 of the Freedom of Information Act 1997 , any act done by the Opticians Board before the relevant day is deemed to have been done by the Council.

Liability of Opticians Board for acts or omissions

91J. (1) Neither the Opticians Board nor any person who is or was a member, officer or employee of the Opticians Board or a committee of the Opticians Board is liable for damages for anything done or omitted to be done by the Opticians Board or that person in good faith and without negligence under the Act of 1956.

(2) Subject to any enactment or rule of law, the Council may indemnify any person who is or was a member of the Opticians Board or a committee of the Opticians Board in respect of anything done or omitted to be done by that person in performing his or her functions under the Act of 1956.”