Hospitals Federation and Amalgamation Act, 1961

Transfer day.

3.—(1) The Minister may, at the request of the Council, by order appoint a day to be the transfer day for the purposes of this Act.

(2) (a) A request under subsection (1) of this section shall not be made save with the consent of two-thirds of such of the following hospital boards as exist when the request is made, that is to say:

(i) the hospital board of the Adelaide Hospital,

(ii) the hospital board of the Meath Hospital,

(iii) the hospital board of Mercer's Hospital,

(iv) the hospital board of the National Children's Hospital,

(v) the hospital board of the Royal City of Dublin Hospital,

(vi) the hospital board of Sir Patrick Dun's Hospital,

(vii) the hospital board of Dr. Steevens' Hospital.

(b) Where the calculation of two-thirds pursuant to paragraph (a) of this subsection gives a whole number and a fractional remainder, the next higher whole number shall be taken as the result of the calculation.

(c) Where two or more hospital boards are amalgamated under section 16 of this Act, paragraph (a) of this subsection shall have effect as if the subparagraphs in that paragraph referring to those boards were deleted and, for the first of those subparagraphs, there were substituted a subparagraph referring to the board into which those boards are amalgamated.

(3) Where a hospital board has not given its consent to a request made under subsection (1) of this section—

(a) the Minister shall inform the board of the request having been made and shall not make an order under subsection (1) of this section before the expiration of one month after the board have been so informed,

(b) the board may, within the said month, resolve that the hospital of the board shall cease to be a member of the Federated Dublin Voluntary Hospitals,

(c) if the board resolve as aforesaid, the Minister shall by order effect the cesser of the membership of the hospital of the Federated Dublin Voluntary Hospitals and shall not, until after the commencement of such order, make an order under subsection (1) of this section,

(d) an order made under the foregoing paragraph may—

(i) contain all such provisions as appear to the Minister to be necessary or expedient for the purpose of effecting the cesser, including provisions modifying any of the provisions of this Act,

(ii) provide for the cesser of any amendments which have been made by or under this Act in any Act or instrument specified in the Third Schedule to this Act relating to the hospital,

(iii) provide for any modifications in any such Act or instrument which the board may have proposed to the Minister.

(4) Where the hospital of a hospital board which will be dissolved on the transfer day is of a particular denominational character, the Council shall, before the transfer day, enter into such agreement with the board as will preserve the rights conferred in the case of the hospital by subsection (3) of section 14 of this Act, and the agreement shall be binding on the Council after the transfer day.