No. 21/1938:

PUBLIC HOSPITALS (AMENDMENT) ACT, 1938

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Establishment of Hospitals Trust Board.

3 Membership of the Board and term of office of members.

4 Proceedings of the Board.

5 Seal of the Board.

6 Transfer of functions of the National Hospital Trustees to the Board and consequential adaptations of the Principal Act.

7 Release of National Hospital Trustees.

8 Powers of the Board in relation to providing office accommodation for sweepstake committees.

9 Repeal of part of section 20 of the Principal Act.

10 Short title, collective citation and commencement.

AN ACT TO MAKE PROVISION FOR THE TRANSFER TO A BODY CORPORATE OF THE POWERS, DUTIES, AND FUNCTIONS OF THE NATIONAL HOSPITAL TRUSTEES UNDER THE PUBLIC HOSPITALS ACT, 1933 , AND FOR THIS AND OTHER PURPOSES TO AMEND THE SAID ACT.

[27th July, 1938.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act the expression "the Principal Act" means the Public Hospitals Act, 1933 (No. 18 of 1933).

(2) The Principal Act and this Act shall be construed together and accordingly every word and expression to which a particular meaning is given by or in the Principal Act for the purposes of that Act has, in this Act, the meaning so given to it.

2.—(1) Upon the commencement of this Act there shall be established a board (in this Act referred to as the Board) to be styled and known as the Hospitals Trust Board, to fulfil the functions assigned to it by this Act.

(2) The Board shall be a body corporate with perpetual succession and a common seal (which shall be judicially noticed) and power to sue and be sued in its corporate name and to hold and dispose of land.

3.—(1) The Board shall consist of five members.

(2) Subject to the provisions of the next following sub-section, each member of the Board shall from time to time as occasion requires, be appointed, by the Minister by order made under this section, and shall, unless he sooner dies, resigns or is removed from office, hold office as such member for a period of five years from the day after the date of the order appointing him, but shall be eligible for reappointment.

(3) Each person who, immediately before the commencement of this Act, was one of the National Hospital Trustees shall upon such commencement become and be a member of the Board and shall, unless he sooner dies, resigns or is removed from office, hold office as such member for a period of five years from such commencement but shall be eligible for reappointment.

(4) The Minister may at any time by order remove any member of the Board from that office, and any such removal shall take effect on the day after the date of the order removing such member.

(5) Any member of the Board may, at any time resign his office by a letter sent to the Minister, who shall notify the Board of such resignation, and every such resignation shall take effect at the commencement of the meeting of the Board held next after the receipt of such notification.

4.—(1) At each meeting of the Board, the members of the Board who are present shall choose one of their number to be chairman of the meeting.

(2) Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question, and in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote save where the question is the election of the chairman.

(3) The quorum for a meeting of the Board shall be three.

(4) The Board may act notwithstanding one, but not more than one, vacancy in its membership.

(5) Subject to the provisions of this section, the Board shall regulate its own procedure and business.

5.—(1) The Board shall immediately upon its establishment provide itself with a common seal.

(2) The seal of the Board shall be authenticated by the signature of any two members of the Board, authorised by the Board to act in that behalf.

(3) Every document purporting to be sealed with the seal of the Board and authenticated in accordance with this section shall, in any legal proceedings, be evidence, until the contrary is proved, that such document is issued by or under the authority of the Board.

6.—(1) The powers, duties and functions of the National Hospital Trustees under the Principal Act are hereby transferred to and conferred and imposed on the Board.

(2) For the purposes of giving full effect to sub-section (1) of this section, the following provisions shall have effect, that is to say:—

( a ) references to the National Hospital Trustees in the Principal Act shall be construed as references to the Board;

( b ) the Hospitals Trust Fund shall, upon the commencement of this Act, be transferred to the name of the Board;

( c ) the moneys and investments which, immediately before the commencement of this Act, formed the capital of the Hospitals Trust Fund and also all property, whether real or personal (including choses-in-action), which immediately before such commencement was vested in the National Hospital Trustees and held by them as such Trustees on trust for any of the purposes of the Principal Act, and all rights, powers and privileges relating to or connected with the said Fund or any such property shall, on such commencement and without any conveyance or assignment but subject, where necessary to transfer in the books of any bank, corporation or company, become and be vested in the Board for all the estate, term or interest for which the same was immediately before such commencement vested in the said Trustees;

( d ) any property (including the Hospitals Trust Fund) transferred by this section which, immediately before the commencement of this Act, was standing in the books of any bank, or was registered in the books of any bank, corporation, or company, in the name or names of any person or persons shall, upon the request of the Board made on or at any time after such commencement, be transferred in such books by such bank, corporation, or company into the name of the Board;

( e ) on and after the commencement of this Act, every chose-in-action transferred by this section to the Board may be sued upon, recovered, or enforced by the Board in its own name, and it shall not be necessary for the Board to give notice to the person bound by such chose-in-Action of the transfer effected by this section:

( f ) every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the commencement of this Act was owing and unpaid or has been incurred and is undischarged by the National Hospital Trustees, or any one or more of them acting on behalf of the others or other of them, shall, on such commencement, become and be the debt or liability of the Board, and shall be paid or discharged by and may be recovered from or enforced against the Board accordingly.

7.—The Minister may, if he is satisfied that the National Hospital Trustees have duly performed their functions under the Principal Act, so certify under his seal of office, and such certificate shall operate as a release to the National Hospital Trustees their heirs, executors and administrators from all actions, claims and demands arising by virtue of sub-section (6) of section 20 of the Principal Act.

8.—(1) The Board may, whenever they are requested by a sweepstake committee so to do, adopt a scheme for the provision of office and other accommodation for sweepstake committees and for the employees of sweepstake committees and other persons interested in or connected with the organisation and management of sweepstakes in pursuance of the provisions of the Principal Act.

(2) Every scheme adopted by the Board under this section shall set out the manner in which the Board intend to apply that part of the Hospitals Trust Fund affected by such scheme, and the Board shall submit such scheme to the Minister for his approval, and shall not incur any expenditure under this section in connection with such scheme (otherwise than in the preparation thereof) without the approval of the Minister.

(3) So soon as may be after the Minister has approved of any scheme submitted to him under this section, the Board may proceed to put such scheme into operation, and for that purpose may acquire (whether by purchase, exchange or otherwise) any land, and may construct any buildings thereon, and may acquire, reconstruct and furnish any buildings already erected thereon, and generally may do all such things as they are by such scheme authorised to do.

(4) Any land or buildings acquired or constructed by the Board in pursuance of a scheme approved by the Minister under this section may be leased by the Board, for the purposes of such scheme and for such other purposes (if any) as may be specified in such lease, for such term and upon such conditions as to rent and otherwise as the Board think fit.

(5) Any land or buildings acquired or constructed by the Board under this section which are not required for the purposes of a scheme approved by the Minister under this section may be leased by the Board to such persons for such term and upon such conditions as the Board think fit, or may be sold or otherwise disposed of by the Board.

(6) All expenses incurred by the Board under this section shall be paid out of the Hospitals Trust Fund.

(7) Any rents and profits received by the Board out of any land or buildings leased by the Board under this section and the moneys arising from any sale of any land or buildings by the Board under this section shall be paid into the Hospitals Trust Fund.

9.—Sub-sections (1), (2) (3), (4), (5) and (6) of section 20 of the Principal Act are hereby repealed.

10.—(1) This Act may be cited as the Public Hospitals (Amendment) Act, 1938 , and the Principal Act and this Act may be cited together as the Public Hospitals Acts, 1933 and 1938.

(2) This Act shall come into operation on such day as may be appointed for the purpose by order of the Minister.