S.I. No. 341/1977 - Erinville Hospital Board (Establishment) Order, 1977.

S.I. No. 341 of 1977.

ERINVILLE HOSPITAL BOARD (ESTABLISHMENT) ORDER, 1977.

WHEREAS on the 13th day of May, 1977 the Minister for Health certified that Erinville Hospital is a company under the Companies Acts, 1908 to 1959, to which section 8 of the Health (Corporate Bodies) Act, 1961 applied;

AND WHEREAS on the 15th day of June, 1977 the said Erinville Hospital duly resolved that the said Company be wound up for the purpose of the said section 8 of the said Act;

AND WHEREAS by subsection (3) of the said section 8 the said Company is deemed to be a body established by an establishment order under the said Act and in pursuance of the said subsection the Minister for Health is required to make, in respect of the said body, an establishment order under the said Act;

NOW, therefore, the Minister for Health in exercise of the powers conferred on him by sections 3 to 6 of the Health (Corporate Bodies) Act, 1961 , hereby orders as follows;

1. This Order may be cited as the Erinville Hospital Board (Establishment) Order, 1977.

2. In this Order:—

"the Board" means the Erinville Hospital Board established by this Order;

"the Company" means the company known as Erinville Hospital, Western Road, Cork.

3. A body, to be known as the Erinville Hospital Board is hereby established.

4 . The functions of the Board are to take over the property (including choses-in-action), assets, rights and liabilities which immediately before the 15th day of June, 1977 were vested in or belonged to or were held in trust for the Company and to perform the functions which immediately before the 15th day of June, 1977 the Company was empowered by the provisions of the Memorandum of Association of the Company to perform.

5. The Board shall consist of those persons who, on the 15th day of June, 1977 were directors of the Company and the Chairman of the Company shall be chairman of the Board.

6. (1) The Board may meet for the transaction of business, adjourn and otherwise regulate their meetings as they think fit.

(2) The first meeting of the Board shall be convened by the Chairman of the Board.

(3) The quorum of the Board shall be three.

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

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

(6) Minutes of the proceedings of a 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 meeting.

(7) The seal of the Board shall be authenticated by the signature of the Chairman of the Board and any one other member.

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

8. (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 or at such later date as the Board, with the consent of the Minister, may determine.

9. The Local Government (Superannuation) Act, 1956 (No. 10 of 1956) shall apply to the Board as if it were a local authority, subject to the following modifications:—

(1) A pensionable officer of the Board whose name was, immediately before the date of this Order, entered in the register maintained under the Voluntary Hospitals Superannuation Scheme shall be entitled to reckon as pensionable service under the Act any period of service reckonable under the scheme, or any period of service that would have become reckonable as pensionable service if he had remained a member of the Scheme subject to the payment of appropriate contributions.

(2) Part III of the Act shall be deemed to have been adopted by the Board with effect from the date of this Order.

(3) For the purposes of paragraph (a) of subsection (1) of section 34 of the Act, a pensionable servant of the Board shall be entitled to reckon as a service day in the local financial year ending on the 31st day of December, 1977 any day during the period commencing on the 1st day of January, 1977 during which the person worked in a wholetime capacity with the Company or with the Board, subject to the payment of appropriate contributions.

(4) A pensionable officer of the Board, not being a pensionable officer to whom paragraph (1) applies, shall be entitled to reckon as pensionable service under the Act any continuous period of service with the Company immediately before the date of this Order. So much of sections 15 and 16 of the Act as relate to the grant of a lump sum shall not apply to such officer and the amount of the lump sum which would otherwise be granted to him shall be taken as having been applied by way of contributions—

(i) towards the reckoning of such service as pensionable service under the Act, and

(ii) in the case of a male officer, in respect of such service for the purposes of the Widows and Orphans Pension Scheme.

10. (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 them.

11. (1) The Board may accept gifts of money, land and other property upon 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 11th day of November 1977.

CHARLES J. HAUGHEY,

Minister for Health.

The Minister for the Environment hereby consents to the modifications contained in Article 9 of the above Order, of the Local Government (Superannuation) Act, 1956 , as applied to the Erinville Hospital Board.

Dated this 11th day of November 1977.

SYLVESTER BARRETT,

Minister for the Environment.

EXPLANATORY NOTE.

The effect of this Order is to establish under the Health (Corporate Bodies) Act, 1961 , a body to be known as the Erinville Hospital Board in succession to the Company Erinville Hospital which, by resolution passed on 15th June, 1977, was wound up for the purposes of section 8 of the said Act.