S.I. No. 322/1988 - Saint Luke's and Saint Anne's Hospital Board (Establishment) Order, 1988.

S.I. No. 322 of 1988.

SAINT LUKE'S AND SAINT ANNE'S HOSPITAL BOARD (ESTABLISHMENT) ORDER, 1988.

WHEREAS on the 4th day of May, 1964, the Minister for Health certified Saint Luke's Hospital as a company under the Companies Acts, 1908 to 1959, to which section 8 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961) applies;

AND WHEREAS on the 10th day of June, 1964, the said Company resolved that the said Company be wound up for the purposes of the said section 8 of the said Act;

AND WHEREAS by virtue of 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;

AND WHEREAS the said body is desirous of entering into an agreement with the Daughters of Charity of Saint Vincent de Paul in Ireland for the integrated operation of Saint Luke's Hospital and Saint Anne's Hospital, Northbrook Road, Dublin;

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 Saint Luke's and Saint Anne's Hospital Board (Establishment) Order, 1988.

2. In this Order:

"The Board" means the Board established by this Order;

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

"the Minister" means the Minister for Health;

"the Provincial Council" means the Provincial Council of the Daughters of Charity of Saint Vincent de Paul in Ireland;

"Saint Anne's Hospital" means Saint Anne's Hospital, Northbrook Road, Dublin;

"Saint Luke's Hospital" means Saint Luke's Hospital, Highfield Road, Dublin.

3. A body, to be known as the Saint Luke's and Saint Anne's Hospital Board is hereby established.

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

(1) (a) to provide a service for the diagnosis and treatment of malignant diseases, diseases of the skin and such benign conditions as are amenable to treatment provided for malignant diseases;

(b) to encourage measures which may lessen the incidence of diseases and conditions referred to at (a) above and may induce persons who may suffer from these diseases and conditions to seek early diagnosis and treatment;

(c) to educate and train members of the medical profession, medical students, nurses and other persons engaged or to be engaged on duties in connection with the diagnosis, treatment and prevention of diseases referred to at (a);

(d) to engage in research or arrange for the conduct of research associated with diseases referred to at (a) above;

(e) to maintain and administer hospitals, institutions, and other premises necessary for the performance of the functions of the Board;

(f) to furnish advice, information and assistance in relation to the service referred to at (a) above to the Minister, to health boards or to other hospitals;

(g) to take over the property (including choses-in-action), assets, rights and liabilities of Saint Luke's Hospital;

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

(2) To make an agreement, subject to the approval of the Minister, with the Provincial Council to provide for the following:

(i) the provision of an integrated service for the diagnosis and treatment of diseases referred to at 1 (a) above at Saint Luke's Hospital and Saint Anne's Hospital;

(ii) the granting to the Board of a licence to use the existing buildings, equipment and furnishings of Saint Anne's Hospital for the performance of the Board's functions;

(iii) the designation of certain posts in the integrated service as reserved posts to which appointments will be made on the nomination of the Provincial Council;

(iv) the ethical considerations which will govern the integrated service;

(v) the transfer of contracts of employment from St. Anne's Hospital to the Board;

(vi) the transfer of existing assets and liabilities of St. Anne's Hospital, other than those referred to at (ii) above to the Board;

(vii) the termination of the agreement;

(viii) such other matters as may be considered necessary to provide the integrated service.

5. The Board shall consist of ten members, five of whom shall be nominated by the Provincial Council and appointed by the Minister and five of whom shall be appointed by the Minister.

6. The term of office of a member of the Board shall be for such period, not exceeding four years, as may be specified by the Minister when appointing the member and the member shall hold office for the period for which appointed unless the member sooner dies, resigns by letter addressed to the Minister or ceases to be a member under article 7 of this Order.

7. (1) A member appointed by the Minister on the nomination of the Provincial Council shall cease to be a member of the Board on being so informed by the Provincial Council.

(2) A member appointed by the Minister shall cease to be a member of the Board on being so informed by the Minister.

8. In the event of a casual vacancy arising through the death, resignation or cessation of a membership under article 7 of this Order of a member of the Board who was—

(i) appointed by the Minister on the nomination of the Provincial Council, the vacancy shall be filled for the remainder of the term of office of the member, by a nominee of the Provincial Council appointed by the Minister;

(ii) appointed by the Minister, the vacancy shall be filled for the remainder of the term of office of the member, by appointment by the Minister.

9. (1) For the first term of office of members of the Board, the Minister shall appoint from amongst the members of the Board—

(i) a Chairman, who shall hold office as chairman for two years from the date of appointment or until earlier ceasing to be a member of the Board, in which case the Minister may appoint another member to be Chairman of the Board for the unexpired period of the office;

(ii) a Vice-Chairman nominated by the Provincial Council who shall be Chairman for the following two years or until earlier ceasing to be a member of the Board, in which case the Minister may, on the nomination of the Provincial Council, appoint another member to be Vice-Chairman for the unexpired period of the office.

(2) For the second and subsequent terms of office of members of the Board, the Minister, following consultation with the Provincial Council, shall appoint from amongst the members of the Board a Chairman who shall hold office as Chairman until ceasing to be a member of the Board or until the Minister, after consultation with the Provincial Council, appoints another person to be Chairman.

10. The quorum of the Board shall be four.

11. (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 and procedures to be followed at its meetings and the performance of its functions generally.

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 or fails to call a meeting of the Board after a requisition for that purpose, signed by three members of the Board, has been presented to the Chairman, any three members of the Board may, forthwith on that refusal, call a meeting of the Board and if the Chairman does not, within seven days after the presentation of the requisition, call a meeting of the Board, any three members of the Board may call a meeting of the Board.

14. At a meeting of the Board—

(a) the Chairman shall, if present, be chairman of the meeting;

(b) if during the first two years of the first term of office of the members of the Board, the Chairman is not present, the members of the Board who are present shall choose one of their members 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) 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.

17. (1) A person shall not receive any remuneration for acting as a member or Chairman or Vice-chairman 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 where a vote is considered necessary, by vote at a meeting of the Board.

(2) In case a 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. The seal of the Board shall be authenticated by the signature of the Chairman and such 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.

20. (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 the Minister and shall furnish to the Minister any information which the Minister 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, 1989 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 by the Board with the approval of the Minister.

(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 the Minister 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.

21. (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.

22. (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 officers and servants.

(4) The Board shall, from time to time, and with due regard to commitments entered into with the Provincial Council concerning certain posts, 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.

23. (1) For the purpose of the performance of its functions, the Board may, with the consent of the Minister, borrow money with or without security 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.

24. 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 and which are consistent with the functions of the Board.

GIVEN under the Official Seal of the Minister for Health this 6th day of December, 1988.

RORY O'HANLON,

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 St. Luke's and St. Anne's Hospital Board in succession to Saint Luke's Hospital which, by resolution passed on 10th June, 1964 was wound up for the purpose of Section 8 of the said Act.