S.I. No. 90/1971 - Health Act, 1970 (Commencement) Order, 1971


S.I. No. 90 of 1971.

HEALTH ACT, 1970 (COMMENCEMENT) ORDER, 1971

The Minister for Health, in exercise of the powers conferred on him by section I of the Health Act, 1970 (No. 1 of 1970) hereby orders as follows:—

1. This Order may be cited as the Health Act, 1970 (Commencement) Order, 1971.

2. In this Order "the Act" means the Health Act, 1970 .

3. Section 3 of the Act shall come into operation on the 1st day of April, 1971, for the purpose of effecting the repeal of the enactments specified in column (2) of the Schedule to this Order to the extent specified in Column (3) of the said Schedule.

4. Sections 6, 34 to 40, 44 to 46, 48 to 51, 52 (1), 53 to 55, 56 (1), 56 (2), 56 (4), 56 (5), 57, 60 to 63, 65, 66, 67 (2), 67 (3), 67 (4), 70 to 75, 77 and 79 to 86 of the Act and the Third Schedule shall come into operation on the 1st day of April, 1971.

SCHEDULE.

Number and Year

Short Title

Extent of Repeal

(1)

(2)

(3)

No. 19 of 1945

Mental Treatment Act, 1945

Sections 5, 19, 96, 97 and 106, 248 (4) and 248 (5).

No. 28 of 1947

Health Act, 1947

Parts II and VII, sections 99, 102 and 104.

No. 27 of 1950

Nurses Act, 1950

Section 60.

No. 26 of 1953

Health Act, 1953

Parts II and III (except sections 14, 16 (9) and 23), sections 45 to 49, sections 52, 53 and 71.

No. 23 of 1954

Health Act, 1954

The whole Act.

No. 16 of 1957

Health and Mental Treatment Act, 1957

The whole Act.

No. 37 of 1958

Health and Mental Treatment (Amendment) Act, 1958 .

The whole Act.

No. 9 of 1960

Health Authorities Act, 1960

The whole Act except sections 15 (8), 15 (9), 24 and the Fourth Schedule.

No. 18 of 1961

Nurses Act, 1961

Section 4 (3).

No. 2 of 1966

Health and Mental Treatment (Amendment) Act, 1966

The whole Act.

GIVEN under the Official Seal of the Minister for Health this 15th day of March, 1971.

ERSKINE CHILDERS,

Minister for Health.

EXPLANATORY NOTE.

This Order brings into operation certain provisions of the Health Act, 1970 .

Other provisions of the Act were brought into operation by the Health Act, 1970 (Commencement) Order, 1970 ( S.I. No. 47 of 1970 ). By 1 April, 1971, all the provisions of the Act will be in operation except sections 42, 47, 52 (2), 56 (3), 58, 59, 64, 67 (1), 68 and 69.

Article 3 of Order will bring into effect all the repeals provided for in the 1970 Act except:

(a) the provisions of the Public Hospitals Act, 1933 and the Public Hospitals (Amendment) Act, 1940 referred to in the First Schedule to the Act.

(b) the Health Services (Financial Provisions) Act, 1947 and

(c) sections 14 , 15 (9), 23 , 50 , 51 and 72 of the Health Act, 1953 .

The provisions of the Public Hospitals Acts are being retained until the dissolution of the Hospitals Commission under Section 42 of the Act. The deferment of the repeal of the Health Services (Financial Provisions) Act, 1947 arises from the need to clear up arrears of payment of health grants. The provisions of the Health Act, 1953 mentioned above are being retained for the time being pending the commencement of corresponding provisions of the 1970 Act.