Hospitals Act, 1939

Consideration of application for establishment order and making thereof.

4.—(1) Where the governing body of a voluntary hospital applies to the Minister under and in accordance with this Act for an establishment order, the following provisions shall have effect, that is to say:—

(a) the Minister may decide either to grant such application or not to grant such application,

(b) the Minister shall not make such decision until the expiration of the time within which written statements of objections to the making of such order may be furnished to him under the immediately preceding section and shall, in making such decision, have regard to any such statements which are so furnished,

(c) before making such decision, the Minister may, in any case in which he thinks it proper so to do, hold a public inquiry into the desirability of making such order,

(d) if the Minister decides to grant such application, he shall prepare a draft of such establishment order in such terms as he considers appropriate and submit such draft to such governing body and to the local authority or local authorities of which the new governing body to be established by such establishment order will be representative,

(e) if and when agreement is reached between the Minister, such governing body and such local authority or local authorities as to what (if any) variations are desirable in such draft, the Minister may make an order (in this Act referred to as an establishment order) in the terms of such draft either, in case it has been agreed as aforesaid that such draft should be varied in any respects, varied in those respects or, in any other case, as prepared originally by the Minister.

(2) Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply in respect of every public inquiry held under this section into the desir ability of making an establishment order in like manner as the said Article applies in respect of the inquiries mentioned therein, and for the purposes of such application the governing body of the voluntary hospital applying for such order and the local authority or local authorities of which the new governing body to be established by such order will be representative shall be deemed to be authorities concerned in such inquiry.