S.I. No. 38/1980 - Tallaght Hospital Board (Establishment) Order, 1980.

S.I. No. 38 of 1980.

TALLAGHT HOSPITAL BOARD (ESTABLISHMENT) ORDER, 1980.

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 Title.

1. This Order may be cited as the Tallaght Hospital Board (Establishment) Order, 1980.

2 Interpretation.

2. In this Order:—

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

" the Minister" means the Minister for Health.

3 Establishment of Board.

3. A body, to be known as Bord Ospideal Thamhlachta or in the English language, the Tallaght Hospital Board, is hereby established.

4 Functions.

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

( a ) in accordance with any directions which the Minister may give from time to time, to plan, build, equip and furnish a general hospital on a site designated by the Minister at Tallaght, Dublin;

( b ) from a day to be determined by the Minister as the date of the commissioning of the hospital (in this order referred to as the commissioning day) to conduct, maintain, manage and develop at the hospital provided under paragraph (a) of this article, such hospital services as may, from time to time, be approved by the Minister;

( c ) to provide such facilities for the teaching of medical, nursing and para-medical students and for the conduct of medical research as may from time to time be determined by the Minister after consultation with the Board;

( d ) to provide such other services and facilities as may, from time to time, be approved by the Minister, after consultation with the Board;

( e ) in discharge of its functions to enter into any arrangements or contracts with any corporation, company, local authority, or person subject to any directions which the Minister may give from time to time, and in any case in which the Minister so directs subject to the specific approval of the Minister.

5 Membership.

5. (1) The Board shall in the period prior to the commissioning day consist of fourteen members of whom five shall be appointed by the Minister and the remainder of whom shall be appointed by the Minister as follows:—

( a ) two shall be appointed from a panel of four persons nominated by the Eastern Health Board;

( b ) three shall be appointed from a panel of six persons nominated by the hospital board of the Adelaide Hospital, Dublin;

( c ) three shall be appointed from a panel of six persons nominated by the hospital board of the Meath Hospital or County of Dublin Infirmary, Dublin;

( d ) one shall be appointed from a panel of two persons nominated by the University of Dublin.

(2) On and from the commissioning day the Board shall consist of such number of members as shall be determined by the Minister after consultation with the Eastern Health Board, the hospital board of the Adelaide Hospital, Dublin, the hospital board of the Meath Hospital or County of Dublin Infirmary, Dublin and the University of Dublin and the appointment of such members shall be made by the Minister. Such number of members as the Minister may determine shall be appointed by the Minister from panels of persons nominated by the following bodies—the Eastern Health Board, the hospital board of the Adelaide Hospital, Dublin, the hospital board of the Meath Hospital or County of Dublin Infirmary, Dublin and the University of Dublin.

The panel of persons nominated by each of the above bodies shall consist of not less than twice the number of persons to be appointed by the Minister from the panel nominated.

6 Term of Office.

6. (1) Subject to sub-article 2 of this article, the term of office of a member of the Board shall unless he sooner dies, resigns or ceases to be a member under article 9 of this Order, terminate.

( a ) in the case of a member other than a member referred to in paragraph (b) and (c) of this article, at the end of a period of three years;

( b ) in the case of a member nominated by the Eastern Health Board, 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;

( c ) in the case of a member, who, on appointment, was the holder of an office under the body making the nomination, on his ceasing to hold such office during the period of his membership of the Board.

(2) The term of office of each member of the Board who is a member immediately before the commissioning day shall terminate on that day but each such member shall, subject to the requirements of sub-article 2 of article 5, remain eligible to be re-appointed a member of the Board.

7 Casual Vacancies.

7. In the event of a casual vacancy arising through the death, resignation or cessation of membership under article 9 of this Order, of a member of the Board the vacancy shall be filled by appointment by the Minister and where such member was appointed on the nomination of a body referred to in article 5 (1) or (2) the appointment shall be made from a panel of two persons nominated by that body and the person appointed to fill such vacancy should hold office as a member of the Board for the unexpired period of the term of office of the said member.

8 Resignation.

8. A member of the Board may resign his membership by giving notice in writing signed by him to the Chairman of the Board but the resignation shall not become effective until the meeting of the Board held next after the receipt of the notice.

9 Cessation of Membership.

9. (1) Subject to the provisions of article 9 (2), a member shall cease to be a member of the Board on his being requested by the Minister to resign.

(2) In the case of members appointed on the nomination of a body referred to in article 5 (1) and (2) this function shall be exercised by the Minister following a request to the Minister to exercise this function:—

( a ) from the body by whom the said member was nominated, or

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

10 Chairman.

10. There shall be a chairman of the Board who shall be appointed by the Minister.

11 Quorum.

11. The quorum of the Board shall be five.

12 Meetings.

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

(2) The Board shall have power to adopt standing orders governing the procedures to be followed at its meetings and the performance of its functions generally.

13 Vacancies and Defect in Appointment.

13. 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.

14 Chairmanship.

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

(2) If the Chairman refuses or fails 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.

15 ..

15. 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.

16 Minutes.

16. 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.

17 Attendance and Voting.

17. (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) Where a vote is taken on any question arising at a meeting of the Board, the minutes shall show which members voted for and which against the question.

18 Remuneration.

18. (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.

19 Voting Procedures.

19. (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 where a vote is considered necessary, by 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.

20 Committees.

20. (1) The Board may appoint committees, which may include persons who are not 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.

21 Seal.

21. 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.

22 Financial provisions.

22. (1) The Board shall submit estimates of income and expenditure to the Minister in such form, in respect of such periods, and at such times as may be required by him and shall furnish to the Minister any information which he may require in relation to such estimates.

(2) The Board shall cause to be kept proper accounts in a form approved by the Minister, 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.

(3) The Financial year of the Board shall be the period of twelve months ending on the 31st day of December in any year, and for the purposes of this provision the period commencing on the date of this Order and ending on the 31st December, 1980 shall be deemed to be a financial year.

(4) 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.

(5) The expenses generally of such audit shall be paid by the Board as soon as may be after each audit.

(6) 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.

(7) The Board and the officers 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.

23 Annual report.

23. (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.

24 Personnel provisions.

24. (1) The Board may with the consent of the Minister 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 office on attaining the age of sixty-five years.

(3) The Board shall with the consent of the Minister 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 it considers 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.

25 Superannuation.

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

26 Borrowing and purchasing land, etc.

26. (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.

27 Gifts.

27. (1) The Board may accept gifts of 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 13th day of February, 1980.

MICHAEL WOODS,

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 Tallaght Hospital Board which will plan, build and furnish a general hospital at Tallaght and manage and develop the hospital when it is built.