S.I. No. 97/1971 - James Connolly Memorial Hospital Board (Establishment) Order, 1971.

S.I. No. 97 of 1971.

JAMES CONNOLLY MEMORIAL HOSPITAL BOARD (ESTABLISHMENT) ORDER, 1971.

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 James Connolly Memorial Hospital Board (Establishment) Order, 1971.

2. A body to be known as Bord Ospidéil Chuimhneacháin Shéamuis Uí Chonghaile or, in the English Language, the James Connolly Memorial Hospital Board, is hereby established.

3. In this Order—

"the Board" means the James Connolly Memorial Hospital Board established by this Order;

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

"the Minister" means the Minister for Health.

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

(1) to conduct, maintain, manage and develop at James Connolly Memorial Hospital, County Dublin, such hospital services as may, from time to time, be approved by the Minister.

(2) To provide such facilities, including beds, as may be agreed with the Eastern Health Board for the treatment of tuberculosis and its sequelae or in default of agreement, as may be determined by the Minister, and

(3) to provide such other services and facilities as may, from time to time, be approved or directed by the Minister, after consultation with the Board.

5. The Board shall consist of fifteen members appointed as follows:—

(a) six by the Eastern Health Board (or in the case of first members of the Board, by the Dublin Health Authority) which may include not more than two officers of the said bodies or of any hospital board to which the said bodies are entitled to nominate or appoint members.

(b) three by the Board of Management of the Mater Misericordiae Hospital, Dublin;

(c) three by the Board of Governors of St. Laurence's Hospital, Dublin;

(d) three by the Committee of Management of the Charitable Infirmary, Jervis Street, Dublin.

6. (1) The term of office of the first members of the Board shall commence on 22nd March, 1971.

(2) The term of office of a member of the Board shall, unless he sooner dies, resigns, or ceases to be a member under article 8 of this Order, terminate,

(a) in the case of a member appointed by the Eastern Health Board or the Dublin Health Authority who, on appointment, was a member of the Eastern Health Board—on the day of the first meeting of the Eastern Health Board after an appointment of members made following a quinquennial election of the members of the local authorities appointing members of the said Health Board;

(b) in the case of any other member of the Board, subject to sub-article (c) of this article—at the end of five years in respect of the first members of the Board and, in respect of subsequent members of the Board—at the end of such period, not exceeding three years, as may be determined by the body appointing such members;

(c) in the case of a member who, on appointment, was an officer mentioned in article 5 (a) of this Order—on his ceasing to hold such office during the period of his membership of the Board.

7. In the event of a casual vacancy arising through the death, resignation or cessation of membership under article 8 of this Order, of a member of the Board, the appropriate appointing body shall fill the vacancy and the person so appointed shall hold office as a member of the Board for the unexpired period of the term of office of the said member.

8. A member shall cease to be a member of the Board on his being requested by the Minister to resign, following a request to the Minister to exercise this function—

(a) from the body by whom the member was appointed or

(b) contained in a resolution passed by a majority of at least two-thirds of the members of the Board.

9. The Chairman of the Board shall be elected annually by the members from amongst the members appointed by the Eastern Health Board or the Dublin Health Authority, who are members of the said Health Board.

10. The quorum of the Board shall be five.

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

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

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

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

14. At a meeting of the Board—

(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 Board who are present shall choose one of their number to be chairman of the meeting.

15. Minutes of the proceedings of each meeting of the Board 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.

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

(2) The names of the members voting on any question arising at a meeting of the Board shall be recorded in the minutes of the proceedings of the meeting and the record shall show which members voted for and which against the question.

17. (1) A person shall not receive any remuneration for acting as a member of the Board.

(2) Members of the Board may be paid travelling and subsistence allowances in accordance with such scale as may from time to time be approved by the Minister.

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

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

19. (1) The Board may appoint committees consisting of members of the Board to assist the Board in relation to aspects of its day-to-day business and to furnish advice on particular aspects of its functions.

(2) Any committee so appointed shall act subject to such directives as may be given by the Board, and any expenditure of monies by such committee shall be subject to the approval of the Board.

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

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

(2) The financial year of the Board shall be the period of twelve months ending on the 31st day of March in any year.

(3) A statement of accounts of the Board 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 Board.

(4) The expenses generally of such audit shall be paid by the Board 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 Board and to the Minister.

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

22. (1) The Board shall, in each year, not later than such day as the Minister shall direct, make a report to the Minister of its activities during the preceding year.

(2) The Board shall submit to the Minister such information regarding the performance of its functions as the Minister may from time to time require.

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

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

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

(4) The Board shall, from time to time, assign such duties as they consider appropriate to each officer and servant of the Board and each such officer and servant shall perform the 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 Board by this article shall be exercisable 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.

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

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

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

26. (1) The Board may accept gifts or money, land and other property upon such trusts and conditions, if any, as may be specified by the donor.

(2) The Board may not accept a gift if the conditions attached by the donor to its acceptance are not consistent with the functions of the Board.

GIVEN under the Official Seal of the Minister for Health this 16th day of March, 1971.

(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 James Connolly Memorial Hospital Board which will manage and develop the James Connolly Memorial Hospital, Co. Dublin, and provide, inter alia, a general hospital there.

The Report of the Consultative Council on the General Hospital Services (Prl. 154) which was presented to the Minister for Health in June, 1968, recommended that the work of the general hospitals in Dublin should be concentrated in four major hospital centres. One of the suggested centres was James Connolly Memorial Hospital which is owned by the Dublin Health Authority. Following negotiations between that Authority and the authorities of the Mater Misericordiae, St. Laurence's and Jervis Street Hospitals, agreement was reached on the setting up of the body provided for in this Order. Through the joint participating in the body of representatives of these hospitals and the health authority, it is intended to develop medical and surgical services in the Hospital.