S.I. No. 164/1972 - Health (Hospital Bodies) Regulations, 1972.

S.I. No. 164 of 1972.

HEALTH (HOSPITAL BODIES) REGULATIONS, 1972.

The Minister for Health, in exercise of the powers conferred on him by section 41 of the Health Act, 1970 (No. 1 of 1970), after compliance with the provisions of subsection (1) (a) of that section, hereby makes the following Regulations as respects which, pursuant to the said section 41, a draft has been approved by a resolution passed by each House of the Oireachtas:—

1 Citation.

1. These Regulations may be cited as the Health (Hospital Bodies) Regulations, 1972.

2 Definitions.

2. In these Regulations—

" the Act " means the Health Act, 1970 ;

" the Minister " means the Minister for Health.

3 Commencement.

3. These Regulations shall come into operation on 1st day of July, 1972.

4 Comhairle na nOspidéal.

4. (1) Comhairle na nOspidéal (being the body referred to in section 41 (1) (a) of the Act) is hereby established.

(2) There shall be twenty-three members of Comhairle na nOspidéal, including not less than twelve persons who are registered medical practitioners engaged in a consultant capacity in the provision of hospital services.

(3) During the period ending on 31st December, 1975, all persons appointed to Comhairle na nOspidéal shall be selected for appointment by the Minister.

(4) Persons holding appointments as biochemists (top grade) or senior registrar shall be prescribed officers or staffs for the purposes of section 41 (1) (b) (i) of the Act.

5 Dublin Hospital Regional Board.

5. (1) A regional hospital board for a region based on Dublin is hereby established.

(2) The title of the regional hospital board established under this article shall be the Dublin Regional Hospital Board.

(3) The functional area of the Dublin Regional Hospital Board shall be made up of the functional areas of the Eastern Health Board, the Midland Health Board, the North-Eastern Health Board and the South-Eastern Health Board.

(4) There shall be thirty-two members of the Dublin Regional Hospital Board, made up of—

(a) four persons appointed by the Eastern Health Board, four persons appointed by the Midland Health Board, four persons appointed by the North-Eastern Health Board and four persons appointed by the South-Eastern Health Board and

(b) sixteen persons appointed by the Minister after consultation with, or on the nomination of, such bodies representative of persons concerned with the provision of hospital services and such other bodies (including bodies engaged in medical education) as he considers appropriate.

6 Cork Regional Hospital Board.

6. (1) A regional hospital board for a region based on Cork is hereby established.

(2) The title of the regional hospital board established under this article shall be the Cork Regional Hospital Board.

(3) The functional area of the Cork Regional Hospital Board shall be made up of the functional areas of the Mid-Western Health Board and the Southern Health Board.

(4) There shall be sixteen members of the Cork Regional Hospital Board, made up of—

(a) four persons appointed by the Mid-Western Health Board and four persons appointed by the Southern Health Board, and

(b) eight persons appointed by the Minister after consultation with, or on the nomination of, such bodies representative of persons concerned with the provision of hospital services and such other bodies (including bodies engaged in medical education) as he considers appropriate.

7 Galway Regional Hospital Board.

7. (1) A regional hospital board for a region based on Galway is hereby established.

(2) The title of the regional hospital board established under this article shall be the Galway Regional Hospital Board.

(3) The functional area of the Galway Regional Hospital Board shall be made up of the functional areas of the North-Western Health Board and the Western Health Board.

(4) There shall be sixteen members of the Galway Regional Hospital Board, made up of—

(a) four persons appointed by the North-Western Health Board and four persons appointed by the Western Health Board, and

(b) eight persons appointed by the Minister after consultation with, or on the nomination of, such bodies representative of persons concerned with the provision of hospital services and such other bodies (including bodies engaged in medical education) as he considers appropriate.

8 Functions of regional hospital boards.

8. (1) The functions of a regional hospital board shall be : —

(a) to consider and keep under review the general organisation and development of in-patient and out-patient services in the hospitals administered by health boards or by other bodies in its functional area which are engaged in the provision of services under the Act, with a view to promoting the organisation and development of these services in an efficient and satisfactory manner.

(b) to make such recommendations as it thinks fit arising from the consideration and review under paragraph (a) to the Minister, to a health board or to any other body concerned,

(c) to consider any proposal of a health board or other body referreed to in paragraph (a) for—

(i) a change in the user of a hospital maintained by it,

(ii) an extension of such hospital, or

(iii) the discontinuance of such hospital,

(d) to advise the Minister on hospital policy insofar as it effects the functional area of the board,

(e) to make appropriate representations to Comhairle na nOspidéal on the matters referred to in section 41 (1) (b) (i) of the Act,

(f) to advise hospital authorities in its area,

(g) to govern the numbers and types of officers and employments (other than those referred to in section 41 (1) (b) (i) of the Act) in such hospitals and, except insofar as the Minister has the function, the remuneration of such officers,

(h) to examine, to the extent determined by the Minister, the estimates of receipts and expenditure of the relevant health boards (insofar as they relate to hospital services) and of other bodies administering in its functional area hospitals providing services under the Act and to make to the Minister any recommendations on such estimates which it thinks fit,

(i) to allocate to hospital projects (including projects for equipment) in its area the public capital funds made available by the Minister, to the extent that such funds are not specifically allocated by the Minister for projects which, in his opinion are major projects,

(j) to control the expenditure of capital funds allocated by it under paragraph (i) ;

(k) subject to subarticle (4) of this article, to appoint persons in the categories referred to in section 41 (1) (b) (i) of the Act and to assign any such person to a health board or to a particular hospital or group of hospitals,

(l) to organise advisory services on management for hospitals.

(2) In considering a proposal referred to in subarticle (1) (c) (i) or (iii) of this article, a regional hospital board shall request and have regard to the views of the relevant local committee established under section 7 of the act and the views of any other hospital authority which, in the opinion of the board, is concerned.

(3) (a) When a regional hospital board has considered a proposal referred to in subarticle (1) (c), it shall convey its decision to the health board or other body concerned and that board or body may not act as respects the relevant matter save in accordance with the decision of the regional hospital board.

(b) The restriction in paragraph (a) above shall not apply in the case of a project the cost of which is met from private funds and which will not impose a charge on public funds,

(4) A regional hospital board shall exercise its functions under subarticle (1) (k) of this article only with the consent of the body or bodies responsible for the administration of the hospital or hospitals concerned and shall exercise such functions in accordance with such general requirements as may be determined by the Minister.

9 Tenure of office.

9. An appointment by a health board of one of its members as a member of a regional hospital board shall be for a period specified by the health board, ending not later than the day following the day on which the first meeting of the health board is held after the end of that member's term of office as a member of the health board.

10 Officers and servants.

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

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

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

(4) The body shall, from time to time, assign such duties as they consider appropriate to each officer and servant of the body 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 a body 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 officer or employment to which the declaration applies, be exercised only with such consent.

11 Application of provisions of the Act

11. Any reference to a health board in sections 5 (2) and (3), 11, 12, 15, 18, 20, 27, 28 and 33 (1) to (4) of the Act shall be construed as including a reference to a regional hospital board.

GIVEN under the Official Seal of the Minister for Health this Twenty-ninth day of June, One Thousand, Nine Hundred and Seventy-two.

ERSKINE H. CHILDERS,

Minister for Health.

EXPLANATORY NOTE.

These Regulations establish Comhairle na n-Ospidéal and three regional hospital boards under section 41 of the Health Act, 1970 . The Regulations specify the membership and method of appointment of members of Comhairle na n-Ospidéal and the functions, functional area, membership and method of appointment of members of each regional hospital board.