S.I. No. 53/1973 - Hospital Bodies Administrative Bureau (Establishment) Order, 1973.

S.I. No. 53 of 1973.

HOSPITAL BODIES ADMINISTRATIVE BUREAU (ESTABLISHMENT) ORDER, 1973.

The Minister for Health in exercise of the powers conferred on him by sections 3 to 6 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961), hereby orders as follows:—

1. This Order may be cited as the Hospital Bodies Administrative Bureau (Establishment) Order, 1973.

2. A body to be known as Biúró Riaracháin na gComhlachtaí Ospidéil or, in the English Language, the Hospital Bodies Administrative Bureau, is hereby established.

3. In this Order—

"the Bureau" means the Hospital Bodies Administrative Bureau established by this Order;

"the Chairman" means the Chairman for the time being of the Bureau;

"the Minister" means the Minister for Health.

4. The functions of the Bureau are as follows:—

(1) to provide such administrative, analytical, clerical and ancillary services and such facilities, including office accommodation and equipment, as may, from time to time, be required to assist Comhairle na nOspidéal and the regional hospital boards in discharging their functions.

(2) to provide such other services and facilities as may, from time to time, be approved by the Minister after consultation with Comhairle na nOspidéal and the regional hospital boards.

5. (1) The Bureau shall consist of six members as follows:—

( a ) the Chairman, for the time being, of Comhairle na nOspidéal, who shall be Chairman of the Bureau;

( b ) the Vice-Chairman, for the time being, of Comhairle na nOspidéal;

( c ) the Chairman, for the time being, of the Dublin Regional Hospital Board;

( d ) the Chairman, for the time being, of the Cork Regional Hospital Board;

( e ) the Chairman, for the time being, of the Galway Regional Hospital Board;

( f ) an officer of the Department of Health nominated by the Minister.

(2) Comhairle na nOspidéal or a regional hospital board may, from time to time, nominate from amongst its members, a person who shall, if called upon by the relevant member of the Bureau act as a substitute for that member at a meeting or meetings of the Bureau and, while so acting, such substitute member shall be deemed to be a member of the Bureau.

6. The term of office of a member of the Bureau shall, unless he sooner dies or resigns, terminate

( a ) in the case of a member of the Bureau mentioned at article 5 (1) (a), 5 (1) (b), 5 (1) (c), 5 (1) (d) and 5 (1) (e) of this Order, on his ceasing to hold such chairmanship or vice-chairmanship;

( b ) in the case of a member of the Bureau, mentioned at article 5 (1) (f) of this Order, at the end of such period as may be determined by the Minister.

7. The quorum of the Bureau shall be three.

8. The Bureau shall hold such and so many meetings as may be necessary for the performance of its functions.

9. The proceedings of the Bureau shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointment of the Bureau or any member thereof.

10. (1) The Chairman may, at any time, call a meeting of the Bureau.

(2) If the Chairman refuses to call a meeting of the Bureau after a requisition for that purpose, signed by two members of the Bureau has been presented to him, any two members of the Bureau may forthwith, on that refusal, call a meeting of the Bureau, and if the Chairman (without so refusing) does not, within seven days after the presentation of the requisition, call a meeting of the Bureau, any two members of the Bureau may, on the expiration of these seven days, call a meeting of the Bureau.

11. At a meeting of the Bureau—

( a ) the Chairman shall, if he is present, be chairman of the meeting;

( b ) if and so long as the Chairman is not present, the members of the Bureau who are present shall choose one of their number to be chairman of the meeting.

12. Minutes of the proceedings of each meeting of the Bureau shall be entered in a book kept for that purpose and shall be signed by the Chairman of the meeting or of the next ensuing meeting.

13. (1) The names of the members present at a meeting of the Bureau shall be recorded in the minutes of the proceedings of the Bureau.

(2) Where a vote is taken on any question arising at a meeting of the Bureau, the minutes shall show which members voted for and which against the question.

14. Members of the Bureau shall be paid travelling and subsistence allowances in accordance with such scale as may from time to time be approved by the Minister.

15. (1) All acts of the Bureau and all questions coming or arising before the Bureau may be done and decided by the majority of such members of the Bureau as are present and vote at a meeting of the Bureau.

(2) In case of equality of votes on any question arising at a meeting of the Bureau, the Chairman of the meeting shall have a second or casting vote.

16. (1) The Bureau may delegate to particular members of the Bureau functions in relation to aspects of its day-to-day business.

(2) Such members shall act subject to such directives as may be given by the Bureau, and any expenditure of monies by such members shall be subject to the approval of the Bureau.

17. The seal of the Bureau shall be authenticated by the signature of the Chairman or some other member of the Bureau duly authorised by the Bureau to act in that behalf and the signature of an officer of the Bureau duly authorised by the Bureau to act in that behalf.

18. (1) The Bureau shall cause to be kept proper accounts of all income and expenditure of the Bureau, and of sources of such income and the subject matter of such expenditure, and of the property, credits and liabilities of the Bureau.

(2) The financial year of the Bureau shall be the period of twelve months ending on 31st day of March in any year and for the purposes of this provision, the period commencing on the date of this Order and ending on 31st March, 1974 shall be deemed to be a financial year.

(3) A statement of accounts of the Bureau for each financial year shall, as soon as may be after the end of such financial year, be prepared and after such preparation be audited by and be subject to a report by an auditor appointed for the purpose by the Minister after consultation with the Bureau.

(4) The expenses generally of such audit shall be paid by the Bureau as soon as may be after each audit.

(5) A copy of the accounts and the auditor's certificate and report thereon shall be presented to the members of the Bureau, to the Minister, to Comhairle na nOspidéal, and to each regional hospital board.

(6) The Bureau and the officers thereof shall, whenever so requested by the Minister, permit any person appointed by him to examine the books and accounts of the Bureau in respect of any financial year or other period and shall facilitate any such examination, and the Bureau shall pay such fee therefor as may be fixed by the Minister.

19. The Bureau shall submit to the Minister, to Comhairle na nOspidéal and to each regional hospital board such information regarding the performance of its functions as the relevant body may, from time to time, require.

20. (1) The Bureau may appoint such and so many officers and employ such and so many servants as the Bureau may, from time to time, think proper and in appointing any officer or employing any servant the Bureau shall comply with any directions given by the Minister relating to the procedure to be followed.

(2) Every officer of the Bureau holding office in a permanent capacity shall cease to hold his office on attaining the age of sixty-five years.

(3) The Bureau shall determine the remuneration and conditions of service of each officer and each servant.

(4) The Bureau shall, from time to time, assign such duties as they consider appropriate to each officer and servant of the Bureau and each such officer and servant shall perform duties so assigned to him.

(5) The Minister may, whenever and so often as he thinks fit, declare that any of the powers conferred on the Bureau by this article shall be exerciseable only with the consent of the Minister, and whenever any such declaration is in force, the said powers may, in relation to any office or employment to which the declaration applies, be exercised only with such consent.

21. The Local Government (Superannuation) Act, 1956 (No. 10 of 1956) shall apply to the Bureau as if it were a local authority.

22. (1) For the purpose of the performance of its functions, the Bureau may, with the consent of the Minister, borrow money and purchase or take on lease any land.

(2) The Bureau may, with the consent of the Minister, sell, exchange, let or otherwise dispose of any land vested in it.

GIVEN under the Official Seal of the Minister for Health this 8th day of March, 1973.

(Signed) ERSKINE CHILDERS,

Minister for Health.

EXPLANATORY NOTE.

The effect of this Order is to establish under the Health (Corporate Bodies) Act, 1961 , a body to be known as the Hospital Bodies Administrative Bureau which will employ staff and provide office accommodation and equipment to service Comhairle na nOspidéal and the Dublin, Cork and Galway Regional Hospital Boards.