Health Act, 1970

Joint action by health boards.

11.—(1) The Minister may by order provide for and authorise joint action by two or more health boards in the performance of any of their functions either in relation to the whole or part of their respective functional areas.

(2) An order under this section may provide for the manner in which the expenses incurred in carrying out the joint action are to be met and for the establishment of a joint board for the purposes of the order.

(3) The following provisions shall have effect in relation to a joint board established under this section:

(a) the board shall be a body corporate with perpetual succession by the name given to it by the order,

(b) the board may sue and be sued in its corporate name,

(c) the board shall have power to hold and dispose of land,

(d) the board shall provide and have a common seal which shall be authenticated by the signature of the chairman or some other member authorised to act in that behalf and the signature of an officer of the board authorised to act in that behalf,

(e) judicial notice shall be taken of the seal of the board and every document purporting to be an order or other instrument made by it and to be sealed with its seal (purporting to be authenticated in accordance with paragraph (d)) shall be received in evidence and be deemed to be that order or instrument without further proof unless the contrary is shown,

(f) the Minister may by order apply to the board any provisions of this Act or of any regulations thereunder, with such modifications or limitations as he thinks fit and specifies by order.

(4) The Minister may by order revoke an order made under this section, and the revoking order shall contain such provisions as the Minister thinks necessary or expedient consequential on the revocation and, in particular, may make provision for—

(a) the dissolution of the joint board and the transfer of the property, rights and liabilities thereof to a health board, to two or more health boards, to another joint board or to two or more other joint boards,

(b) the preservation of continuing contracts made by the dissolved joint board,

(c) the continuance of pending legal proceedings,

(d) the transfer of the holder of an office under the dissolved joint board to a similar office under one of the health boards which appointed the members of the dissolved joint board or under another joint board the functional area of which is coterminous with, includes or is included in that of the dissolved joint board.

(5) Where, under an order under subsection (4), the holder of an office under a joint board is transferred to another office, the first-mentioned office shall, for the purpose of any enactment relating to superannuation, be deemed not to have been abolished.