Hospitals Act, 1939

Provisions of establishment orders.

5.—Every establishment order made in relation to a voluntary hospital—

(a) shall declare that, as on and from a specified date, the existing governing body of such hospital shall be dissolved and there shall be established a new governing body (in this Act referred to as the Board) of such hospital wholly or partly (as the Minister thinks proper and specifies in the order) representative of one or more local authorities,

(b) shall declare that the Board shall be a body corporate, to be called by the name specified in the order, with perpetual succession, a common seal (to be judicially noticed) and power to sue and be sued in the said name and to hold land,

(c) shall declare that the property of the existing governing body (including any property held in trust for any of the purposes of such hospital) and the debts, duties and liabilities of the existing governing body shall, as on the said specified date, be transferred to the Board,

(d) may provide for the transfer to the Board of the officers and servants of the existing governing body and for the extent (if any) to which the service of any officer or servant under the existing governing body is to be reckoned for the purposes of superannuation or compensation for loss of office or service under the Board,

(e) may provide for any matters consequential upon the said dissolution and transfers,

(f) may empower the Board, subject to such restrictions (if any) as may be specified in such order, to borrow and may, in respect of such borrowing, apply with or without modification, any enactment relating to borrowing by local authorities generally or by local authorities of a particular class,

(g) may, with the consent of the Minister for Finance, empower that Minister to lend to the Board out of the local loans fund as if such lending constituted a local loan within the meaning of the Local Loans Fund Act, 1935 (No. 16 of 1935), and was authorised by an Act of the Oireachtas,

(h) may declare that the Board shall, subject to such restrictions (if any) as may be specified in such order, have power to do all such things as governing bodies of hospitals of the class to which such hospital belongs are usually empowered to do, and

(i) may make provision in respect of all or any of the matters set forth in the Schedule to this Act.