Hospitals Federation and Amalgamation Act, 1961

Membership of the Council.

7.—(1) (a) The number of members of the Council shall, subject to the next paragraph, be forty.

(b) Whenever—

(i) the Council and a university, college or other institution enter into an agreement for the clinical education of medical students, and

(ii) the agreement provides for the appointment by the university, college or other institution of two members of the Council,

there shall be an additional two members of the Council to be appointed by the university, college or other institution.

(2) Before the establishment day—

(a) each of the governing bodies of the participating hospitals shall appoint five persons (two, but not more than two, of whom shall be members of the visiting medical staff of the hospital concerned) to be members of the Council.

(b) the Dublin Health Authority shall appoint five persons to be members of the Council.

(3) Before the 1st day of December in each appointment year for members of the Council appointed by hospital boards, each hospital board shall appoint five persons (two, but not more than two, of whom shall be members of the visiting medical staff of the hospital concerned or of the visiting medical staff of all the participating hospitals) to be members of the Council.

(4) In each appointment year for members of the Council appointed by the Dublin Health Authority, that authority shall, at their first meeting after the quinquennial appointment of their members in that year, appoint five persons to be members of the Council.

(5) Where an agreement under paragraph (b) of subsection (1) of this section is entered into—

(a) the university, college or other institution shall forthwith appoint two persons to be members of the Council,

(b) before the 1st day of December in each appointment year for members of the Council appointed consequent upon an agreement under paragraph (b) of subsection (1) of this section, the university, college or other institution shall appoint two persons to be members of the Council.

(6) The term of office of a member of the Council shall commence—

(a) in the case of a member appointed before the establishment day—on that day,

(b) in the case of a member appointed by a hospital board—on the 1st day of December in the year in which he is appointed or, where he is a member filling a casual vacancy, the day on which he is appointed,

(c) in the case of a member appointed by the Dublin Health Authority on or after the establishment day—on the day after the day on which he is appointed,

(d) in the case of a member appointed consequent upon an agreement under paragraph (b) of subsection (1) of this section—

(i) where he is appointed pursuant to paragraph (b) of subsection (5) of this section—on the 1st day of December in the year in which he is appointed, and

(ii) where he is not so appointed—on the day on which he is appointed.

(7) The term of office of a member of the Council shall, unless he sooner dies, resigns or ceases to be a member under subsection (8) of this section, terminate—

(a) in the case of a member appointed, during an appointment year for members appointed by hospital boards and before the 1st day of December in that year, by a hospital board to fill a casual vacancy—on the 30th day of November in that year,

(b) in the case of a member appointed by the governing body of a participating hospital or a member, other than a member referred to in the foregoing paragraph, appointed by a hospital board—on the 30th day of November in such appointment year for members of the Council appointed by hospital boards as next follows the commencement of his term of office,

(c) in the case of a member appointed by the Dublin Health Authority—on the day of such first meeting of that Authority after a quinquennial appointment of the members of that Authority as next follows the commencement of his term of office,

(d) in the case of a member appointed consequent upon an agreement under paragraph (b) of subsection (1) of this section—

(i) where the appointment is made in an appointment year for members of the Council appointed consequent upon an agreement under paragraph (b) of subsection (1) of this section and before the 1st day of December in that year and is an appointment pursuant to paragraph (a) of subsection (5) of this section or an appointment to fill a casual vacancy—on the 30th day of November in that year, and

(ii) where the appointment is not so made—on the 30th day of November in such appointment year for members of the Council appointed consequent upon an agreement under paragraph (b) of subsection (1) of this section as next follows the commencement of his term of office.

(8) Any member of the Council who is absent from meetings of the Council for a continuous period of six months and who, on being requested by the Council to furnish an explanation of such absence, fails to furnish an explanation which is satisfactory to the Council shall cease to be a member thereof on a date to be determined by the Council.

(9) A member of the Council may at any time resign his office by letter sent to the Council and every such resignation shall, unless previously withdrawn, take effect as from the commencement of the meeting of the Council held next after the receipt of the letter.

(10) Where a casual vacancy in the membership of the Council occurs, it shall be filled—

(a) in case the member by whom the vacancy was occasioned was appointed by the governing body of a participating hospital—by appointment by the hospital board of that hospital,

(b) in case such member was appointed by a hospital board—by appointment by that board,

(c) in case such member was appointed by a university, college or other institution consequent upon an agreement under paragraph (b) of subsection (1) of this section—by that university, college or other institution,

(d) in case such member was appointed by the Dublin Health Authority—by appointment by that Authority.

(11) For the purposes of this section—

(a) the appointment years for members of the Council appointed by hospital boards shall be the third year after the year in which the establishment day falls and each third successive year thereafter (not being the year in which the transfer day occurs or any subsequent year), and

(b) the appointment years for members of the Council appointed by the Dublin Health Authority shall be the years after the establishment day in which there are quinquennial appointments of the members of that Authority, and

(c) the appointment years for members of the Council appointed consequent upon an agreement under paragraph (b) of subsection (1) of this section shall be the third year after the year in which the establishment day falls and each third successive year thereafter.

(12) The Minister, at any time before the transfer day, may, at the request of the Council and with the consent of the boards of all the participating hospitals, by order vary the composition of the Council and any such order may modify the foregoing subsections of this section.