Health Authorities Act, 1960
|
Transfer of certain officers and continuation of certain contracts of service. |
17.—(1) Upon the establishment of a health authority established by this Act, every officer of each local authority appointing members of the health authority who, immediately before the establishment, was an officer to be transferred under this subsection shall become an officer of the health authority and, for the purposes of any enactment relating to superannuation, his office under the local authority shall be deemed not to have been abolished. | |
(2) In subsection (1) of this section the reference to an officer to be transferred under that subsection shall be construed as referring to any of the following officers other than an Assistant County Manager or an Assistant City Manager: | ||
(a) any officer whose duties relate solely to services which, on the establishment of the health authority, are to become transferred to the health authority, and | ||
(b) any officer, other than an officer referred to in the foregoing paragraph, who has been designated by the local authority appointing members of the health authority as an officer to be transferred under that subsection. | ||
(3) Where, immediately before the establishment of a health authority established by this Act, the Local Appointments Commissioners were engaged in the selection of a person or persons to be recommended for appointment to an office of which a holder would be transferred to the health authority pursuant to subsection (1) of this section, the selection shall be completed in such manner as the Commissioners think proper, and the person or one of the persons so selected and recommended by the Commissioners for appointment shall be appointed by the health authority as if the selection and recommendation were made on a request made under section 6 of the Local Authorities (Officers and Employees) Act, 1926 , by the health authority after their establishment. | ||
(4) Any question arising as to whether a particular officer or officers of a particular class is or are transferred pursuant to subsection (1) of this section shall be referred to and decided by— | ||
(a) in case ministerial functions under the Local Government Acts, 1925 to 1959, in relation to that officer or officers of that class are for the time being vested in the Minister for Social Welfare—that Minister, and | ||
(b) in any other case—the Minister. | ||
(5) Every contract of service express or implied which was in force immediately before the establishment of a health authority established by this Act between a local authority appointing members of the health authority and any person who was not an officer of the local authority and who was a person to be transferred under this subsection shall continue in force after the establishment, but shall be construed and have effect as if the health authority were substituted therein for the local authority, and every such contract shall be enforceable by or against the health authority accordingly. | ||
(6) In subsection (5) of this section the reference to a person to be transferred under that subsection shall be construed as referring to— | ||
(a) any person engaged solely in relation to services which, on the establishment of the health authority, are to become transferred to the health authority, and | ||
(b) any person, other than a person referred to in the foregoing paragraph, who has been designated by the local authority appointing members of the health authority as a person to be transferred under that subsection. | ||
(7) Any question arising in relation to subsection (5) of this section as to whether a particular person or persons of a particular class was or were a person or persons to be transferred under that subsection shall be referred to and decided by— | ||
(a) in case ministerial functions under the Local Government Acts, 1925 to 1959, in relation to that person or persons of that class are for the time being vested in the Minister for Social Welfare—that Minister, and | ||
(b) in any other case—the Minister. |