S.I. No. 106/1971 - Health Act, 1970 (Adaptation) Regulations, 1971.


S.I. No. 106 of 1971.

HEALTH ACT, 1970 (ADAPTATION) REGULATIONS, 1971.

The Minister for Health in exercise of the powers conferred on him by section 85 of the Health Act, 1970 (No. 1 of 1970) hereby makes the following regulations:—

1. These Regulations may be cited as the Health Act, 1970 (Adaptation) Regulations, 1971.

2. These Regulations shall come into operation on the 1st day of April, 1971.

3. A reference in any statute, order or regulation to a chief medical officer shall be construed as a reference to a medical officer of a health board performing duties analagous to those performed before 1 April, 1971 by a chief medical officer of a health authority.

4. A reference in any statute, order or regulation to a district medical officer shall be construed as a reference to a medical officer of a health board performing duties analagous to those performed before 1 April, 1971 by a district medical officer of a health authority.

5. A reference in any statute, order or regulation to a medical officer of health shall be construed as a reference to a medical officer of a health board performing duties analagous to those performed before 1 April, 1971 by a medical officer of health.

6. Each of the enactments and regulations mentioned in the first column of the Schedule to this Order shall be adapted in the manner and to the extent specified in the second column of the said Schedule.

SCHEDULE.

Title

Adaptation

Medical Practitioners Act,

1927.

(No. 26 of 1927)

In section 35 (2) the words "health board" shall be substituted for the words "local authority wholly or partly out of the rates".

Public Hospitals Act, 1933

(No. 18 of 1933)

In section 1 in the definition of hospital the references to local authorities shall be construed as including references to health boards.

Registration of Maternity

Homes Act, 1934

(No. 14 of 1934)

In section 1 the expression "authorised officer" is adapted to mean an officer of the health board in relation to whom such expression is used authorised by the chief executive officer of such health board with the approval of the Minister to exercise the powers conferred by this Act on an authorised officer.

Title

Adaptation

Midwives Act, 1944

(No. 10 of 1944)

The references to a local supervising authority shall be construed as references to a health board and the references to the district of a supervising authority shall be construed at references to the functional area of a health board.

In section 47 (2) the first reference to a local authority shall be construed as a reference to a health board and the second reference shall be construed as a reference to the chief executive officer of a health board.

In section 47 (3) the reference to local authority shall be construed as a reference to a health board and for paragraph (c) there shall be substituted the following paragraph:—

"(c) pay to the midwife such travelling expenses in respect of the attendance (including subsistence allowance during the period of the attendance) as are determined by the chief executive officer under section 14 (5) (b) of the Health Act, 1970 ".

Health Act, 1947

(No. 28 of 1947)

In section 59 (a) (iii) the reference to local authorities shall be constured as including a reference to health boards.

In section 91 (c) the words "chief executive officer of a health board" shall be substituted for the words "manager of a health authority".

In section 91 (e) the words "chief executive officer thereof" shall be substituted for the words "manager therefor".

In section 93 (2) the words "chief executive officer of a health board" shall be substituted for the word "manager".

In section 94 (2) the words "chief executive officer of a health board" shall be substituted for the word "manager".

In section 94 (4) the words "chief executive officer" shall be substituted for the word "manager" wherever it occurs.

Health Act, 1953

(No. 26 of 1953)

In section 15 (9) the words "section 46 (1) (b) of the Health Act, 1970 " shall be substituted for the words "paragraph (b) of sub-section (2) of this section".

In section 62 the reference to a "health institution" shall be construed as a reference to a hospital maintained by a health board under section 38 of the Health Act, 1970 and the references in this section to "institution" shall be construed accordingly.

In section 64 (2) the reference to health institution shall be construed as a reference to a hospital maintained by a health board under section 38 of the Health Act, 1970 .

Title

Adaptation

In section 68 (3) the words "chief executive officer thereof" shall be substituted for the words "manager therefor".

Health Authorities Act,

1960

(No. 9 of 1960)

In section 15 (8) (e) the words "the Eastern Health Board" shall be substituted for the words "that Authority" and for the words "the Dublin Health Authority" where those words secondly occur.

Health (Corporate Bodies) Act, 1961

(No. 27 of 1961)

In section 7 (2) (a) (iv) the reference to section 45 of the Health Act, 1953 shall be construed as a reference to section 11 of the Health Act, 1970 .

In section 7 (2) (d) (i) the reference to a local authority shall be construed as including a reference to a health board or a joint board established under section 11 of the Health Act, 1970 .

Social Welfare (Occupational Injuries) Act, 1966

(No. 16 of 1966)

In section 26 (3) (a) the words " section 53 of the Health Act, 1970 " shall be substituted for the words "sub-section (4) of section 15 of the Health Act, 1953 ".

In section 26 (4) the words "but, in respect of an X-ray examination or other specialist service, the amount so payable shall not exceed the maximum amount which would be chargeable under sub-section (5) of section 15 of the Health Act, 1953 , to an insured person" shall be deleted.

In section 34 (1) the words " section 68 of the Health Act, 1970 " shall be substituted for the words " section 50 of the Health Act, 1953 ".

General Institutional and Specialist Services Regulations 1954

In article 20 (4) the words "the chief executive officer of the health board" shall be substituted for the words "the manager for the health authority" and the words "that board" shall be substituted for the words "that authority".

( S.I. No. 100 of 1954 )

There shall be added to article 4 (1) (c) the words "or a health board".

GIVEN under the Official Seal of the Minister for Health this 24th day of March, 1971.

ERSKINE H. CHILDERS,

Minister for Health.

EXPLANATORY NOTE.

This Order adapts certain enactments and statutory instruments to bring them into conformity with the Health Act, 1970 .