S.I. No. 621/2006 - Tallaght Hospital Board (Establishment) Order, 1980 (Revocation) Order, 2006

STATUTORY INSTRUMENTS.

S.I. No. 621 of 2006

TALLAGHT HOSPITAL BOARD (ESTABLISHMENT) ORDER, 1980 (REVOCATION) ORDER, 2006.

The Minister for Health and Children in exercise of the powers conferred on her by Section 7 of the Health (Corporate) Bodies Act, 1961 (No. 27 of 1961), (as adapted by the Health (Alteration of Name of Department and Title of Minister) Order ( S.I. No. 308 of 1997 ), hereby orders as follows:—

1.         This Order may be cited as the Tallaght Hospital Board (Establishment) Order, 1980 (Revocation) Order, 2006.

2.         This Order shall come into operation on the 20^th December, 2006.

3.         In this Order—

“Tallaght Hospital Board” means the Board established by the Tallaght Hospital Board (Establishment) Order, 1980 ( S.I. No. 38 of 1980 );

“The Board of the Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital Tallaght” means the Board established under the Health Act 1970 (Section 76) (Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital) Order, 1996 ( S.I. No. 228 of 1996 ).

4.         On the 20^th December 2006, the Tallaght Hospital Board shall be dissolved.

5.         With effect from the 20^th December 2006, the following shall be transferred to The Board of the Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital Tallaght :—

(a) All property (and rights relating to such property), assets, choses in action, rights held or enjoyed immediately before that day by the Tallaght Hospital Board,

(b) All liabilities incurred by the Tallaght Hospital Board before that day which had not been discharged before that day and accordingly, without any further conveyance, transfer or assignment:-

(i)           the said property, real and personal shall, on the 20^th December 2006, vest in the Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital Tallaght for all the estate, term or interest, for which immediately before that date, it was vested in the Tallaght Hospital Board, but subject to all trusts and equities affecting the property and capable of being performed;

(ii)          those rights shall, as and from the 20^th December 2006, be enjoyed by the Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital Tallaght and

(iii)         those liabilities shall, as and from the 20^th December 2006, be liabilities of the Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital Tallaght;

(iv)         every right and liability transferred to the Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital Tallaght by this Order may, on or after the 20^th December 2006, be sued on, recovered or enforced by or against the Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital Tallaght in its own name and it shall not be necessary for the Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital Tallaght to give notice of the transfer to the person whose right or liability is transferred by this Order.

6.         Every contract or agreement made between the Tallaght Hospital Board or any trustee or agent thereof acting on its behalf, or any other person, which is in force immediately before the 20^th December 2006, shall continue in force on and after that day and shall be construed and have effect as if the Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital Tallaght were substituted therein for the Tallaght Hospital Board or, as the case may be, its trustee or agent acting on its behalf, and shall be enforceable against the Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital Tallaght.

7.         Any act that was done by or on behalf of the Tallaght Hospital Board shall, if and in so far as it was operative immediately before the 20^th December 2006, have effect on and after that day as if it had been done by or on behalf of the Board of the Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital Tallaght.

8.         Where, immediately before the 20^th December 2006, any legal proceedings are pending in any court or tribunal and the Tallaght Hospital Board, or any trustee or agent acting on its behalf, is a party to the proceedings, the name of the Board of the Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital Tallaght shall be substituted for the Tallaght Hospital Board or, as the case may be, such trustee or agent thereof, and the proceedings shall not abate by reason of such substitution.

9.         The following Orders are hereby revoked:

The Tallaght Hospital Board (Establishment) Order, 1980 ( S.I. No. 38 of 1980 ),

The Tallaght Board (Establishment) Order, 1980 (Amendment) Order, 1982 ( S.I. No. 313 of 1982 ),

The Tallaght Board (Establishment) Order, 1980 (Amendment) Order, 1984 ( S.I. No. 162 of 1984 ),

and

The Tallaght Board (Establishment) Order, 1980 (Amendment) Order, 2005 ( S.I. No. 280 of 2005 ).

EXPLANATORY NOTE

The effect of this Order is to dissolve the Tallaght Hospital Board and to transfer its assets and liabilities to the Board of the Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital Tallaght.