Health Act, 1970

Removal of board from office.

12.—(1) The Minister may by order remove from office the members of a health board if and whenever—

(a) he is satisfied, after causing a public local inquiry to be held into the board's performance of its duties, that the duties are not being duly and effectually performed,

(b) the board has refused or neglected to comply with a judgement, order or decree of any court,

(c) the board has refused, after due notice, to allow its accounts to be audited by the auditor appointed for that purpose under section 28, or

(d) the members of the board capable of acting are less in number than the quorum for meetings of the board.

(2) Where the Minister makes an order under subsection (1), he shall notify the persons who have been removed from office as members of the board of the making of the order and of his reasons for the removal.

(3) An order under this section shall include such provisions as the Minister considers necessary as a consequence of the removal from office of the members of the health board, including provisions for the discharge by a person or persons appointed by the Minister of the functions performable by the members.

(4) Within two years of the removal from office of the members of a health board under this section, the Minister shall by order provide for a new appointment of members to that board.

(5) For the purpose of appointments under subsection (4), section 4 and the regulations thereunder and the Second Schedule shall apply with any modifications required to permit such appointments to be made and which may be specified in the appropriate order made by the Minister under subsection (4).