Health (Amendment) (No. 3) Act, 1996
|
Amendments of Health Act, 1947. |
18.—The Health Act, 1947 , is hereby amended by— | |
(a) the substitution of the following subsection for subsection (1) of section 78: | ||
“(1) A health board may, for the purposes of its powers and duties under this Act, acquire land either by agreement, subject to any general directions given by the Minister with the consent of the Minister for Finance, or compulsorily under this Part of this Act and the Acts incorporated therewith.”, | ||
(b) the substitution of the following section for section 88: | ||
“88. A health board may, subject to any general directions given by the Minister with the consent of the Minister for Finance, appropriate and use for the purpose of any of its powers and duties any land vested for any purpose in it and not required for the purpose for which it was acquired.”, | ||
(c) the substitution of the following subsection for subsection (1) of section 89: | ||
“(1) A health board may, subject to any general directions given by the Minister with the consent of the Minister for Finance, sell, exchange, let or otherwise dispose of any land vested in it.”, | ||
(d) the substitution of the following subsection for subsection (2) of section 89: | ||
“(2) The proceeds of the sale under this section of any land by a health board shall, so far as such proceeds are capital money, be applied, subject to any general directions given by the Minister with the consent of the Minister for Finance, to a purpose (including the repayment of borrowed money) to which capital money may properly be applied by the board.”, | ||
(e) the substitution of the following subsection for subsection (4) of section 89: | ||
“(4) The following provisions shall have effect in relation to any proposed disposal of land which is held by a health board and which is not required for the purposes of its functions— | ||
(a) notices shall be sent by post on the same day to the members of the health board giving particulars of— | ||
(i) the land, | ||
(ii) the name of the person from whom such land was acquired if the same can be ascertained by reasonable inquiries, | ||
(iii) the person to whom the land is to be disposed, | ||
(iv) the consideration proposed in respect of the disposal, | ||
(v) any covenants, conditions or agreements to have effect in connection with the disposal, | ||
(b) at the first meeting of the health board held after the expiration of ten days from the day on which such notices are sent, the health board may resolve that the disposal shall not be carried out or that it shall be carried out in accordance with terms specified in the resolution, | ||
(c) if the health board resolves pursuant to paragraph (b) that the disposal shall be carried out in accordance with the terms specified in the resolution, the disposal may, subject to any general directions given by the Minister with the consent of the Minister for Finance, be carried out in accordance with those terms, | ||
(d) if the health board resolves pursuant to paragraph (b) that the disposal shall not be carried out, it shall not be carried out.”. |