No. 1/1971:

INTERNATIONAL HEALTH BODIES (CORPORATE STATUS) ACT, 1971

ARRANGEMENT OF SECTIONS

1 Minister.

2 Bodies to which Act applies.

3 Corporate status order.

4 Certain bodies to have office in State.

5 Register.

6 Information.

7 Revocation of corporate status order.

8 Annual Report.

9 Laying of orders.

10 Expenses of Minister.

11 Short title.

AN ACT TO ENABLE CERTAIN INTERNATIONAL HEALTH BODIES TO BECOME, BY ORDER, BODIES CORPORATE.

[3rd March, 1971.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act "the Minister" means the Minister for Health.

2.—This Act applies to any international body the functions of which under its constitution consist wholly or mainly of all or any of the following, namely, deliberation of the health of persons, of health insurance, of the care and treatment of the sick or infirm, of administration of health services, or of medical (including dental) research, or the conduct of such research.

3.—(1) The Minister may, on application by a body to which this Act applies, make, after consultation with the Minister for Industry and Commerce, an order (in this Act referred to as a corporate status order) in relation to the body.

(2) Whenever the Minister proposes to make an order under this section, the Minister shall publish a draft of the order in the Iris Oifigiúil.

(3) A body to which a corporate status order relates shall, as from the day on which the order comes into force, be called and known by the title specified in the order which shall be either the title used by the body immediately before the making of the order or such other title as may be agreed on by the Minister and the body.

(4) A body to which a corporate status order relates shall, by virtue of the order, be a body corporate with perpetual succession and with power to sue and be sued in its corporate name and to hold land.

(5) A body to which a corporate status order relates is hereby added to the list of qualified persons contained in section 45 of the Land Act, 1965 .

(6) The Minister may, with the consent of the body to which it relates, by order amend the title specified in a corporate status order.

(7) The Minister may, if he thinks fit, include in a corporate status order a requirement that the seal of the body to which the order relates shall be authenticated in a specified manner, and in case a corporate status order includes such a requirement, the requirement shall be complied with by the body to which the order relates.

(8) Judicial notice shall be taken of the seal of a body to which a corporate status order relates and every document purporting to be an instrument made by the body and to be sealed with its seal (purporting to be duly authenticated) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

4.—A body to which a corporate status order relates shall, as from the day on which the order comes into force or from such later day as may be specified in the order, have an office in the State to which all communications may be addressed and at which a document may be served on the body either by leaving it at the office or by sending it by post addressed to the body at the office.

5.—(1) The Minister shall maintain a register of bodies to which corporate status orders relate.

(2) The following provisions shall have effect in relation to the register under this section:

( a ) the register shall be kept open for public inspection during office hours,

( b ) with the register, there shall also be kept available for public inspection copies of the constitutions (including amendments) of the registered bodies together with, in case any such constitution or amendment is not written in the English or Irish language, a translation thereof,

( c ) there shall be entered in the register the address of the office kept by a registered body in accordance with section 4 of this Act, and

( d ) every registered body shall for the purposes of paragraph (b) of this subsection supply to the Minister a copy of its constitution (including amendments) together with, where necessary, a translation thereof.

6.—(1) A body to which a corporate status order relates shall supply the Minister with such information (including copies of annual or other duly audited accounts) as he may reasonably require.

(2) In case the Minister proposes to make a revoking order under section 7 of this Act because he thinks it is in the public interest to do so, he may, before making the order, require the body, to which the corporate status order which he proposes to revoke relates, to supply him with such information as he considers necessary to enable him to determine whether any provision mentioned in paragraph (b), (c) or (d) of section 7 (2) of this Act, or any other consequential provision, should be included in the revoking order.

(3) A requirement of the Minister under subsection (2) of this section shall be complied with.

7.—(1) If—

( a ) on the application of a body to which a corporate status order relates, the Minister so thinks fit, or

( b ) there is not such an application but the Minister considers that it is in the public interest to do so,

the Minister may, subject to subsection (4) of this section, by order revoke a corporate status order.

(2) Subject to the proviso to this subsection, a revoking order shall contain such provisions as the Minister considers necessary or expedient consequential on the revocation and, in particular, may provide for—

( a ) the dissolution of the body to which the corporate status order to be thereby revoked relates,

( b ) the transfer or distribution of the property, rights or liabilities of such body,

( c ) the preservation of continuing contracts made by such body,

( d ) the continuance of pending legal proceedings,

provided that in case the revoking order falls to be made because of an application by a body to which a corporate status order relates, the Minister shall, before making the revoking order, consult that body with regard to the provisions to be contained in the order.

(3) In case the Minister proposes to make a revoking order he shall cause to appear in at least two daily newspapers published in the State a notice of his intention to make the order.

(4) Any person may, within the period of fourteen days beginning on the date on which the requirements of subsection (3) of this section are complied with, make an application to the Minister in respect of any matter to which an order to be made under this section is intended to relate and the Minister shall, as soon as may be, decide the application and notify the person of his decision.

8.—As soon as may be after the 1st day of January in each year, the Minister shall prepare and cause to be laid before both Houses of the Oireachtas an annual report on the exercise of his functions under this Act.

9.—(1) Where an order under section 3 of this Act is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(2) Every order under this Act, other than an order made under section 3, shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

10.—Any expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

11.—This Act may be cited as the International Health Bodies (Corporate Status) Act, 1971 .