S.I. No. 152/1964:

THE MASS-RADIOGRAPHY BOARD (ESTABLISHMENT) ORDER, 1964.

THE MASS-RADIOGRAPHY BOARD (ESTABLISHMENT) ORDER, 1964.

WHEREAS on the 27th day of January, 1964, the Minister for Health certified that An Comhlachas Náisiúnta Slua-Radioghrafachta Teoranta (The National Mass-Radiography Association Limited) is a company under the Companies Acts, 1908 to 1959, to which section 8 of the Health (Corporate Bodies) Act, 1961 , applies:

AND WHEREAS on the 25th day of February, 1964, the said Company, duly resolved that the said Company be wound up for the purposes of the said section 8 of the said Act:

AND WHEREAS by virtue of subsection (3) of the said section 8, the said Company is deemed to be a body established by an establishment order under the said Act and in pursuance of the said subsection the Minister for Health is required to make, in respect of the said body, an establishment order under the said Act:

NOW THEREFORE, the Minister for Health in exercise of the powers conferred on him by sections 3 to 6 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961), hereby orders as follows:--

1. This Order may be cited as the Mass-Radiography Board (Establishment) Order, 1964.

2. A body to be known as An Bord Slua-Raideagrafaíochta or, in the English language, as the Mass-Radiography Board, is hereby established.

3.In this Order--

"the Board" means the Mass-Radiography Board established by this Order;

"the Company" means An Comhlachas Náisiúnta Slua-Radioghrafachta Teoranta (The National Mass-Radiography Association Limited);

"the Chairman" means the Chairman for the time being of the Board;

"the Minister" means the Minister for Health.

4. The functions of the Board are as follows:--

(a) to take over the property (including choses-in-action), assets, rights and liabilities of the Company;

(b) to organise and administer a radiographic and radiological service, including a mass-radiography service (hereinafter referred to as "the service");

(c) to furnish advice, information and assistance in relation to any aspect of the service to the Minister, any health authority or any person;

(d) to make provision for publicity in relation to the service in medical and research journals and by leaflets, pamphlets, books, notices, advertisements, radio, television, cinema exhibitions or any other means;

(e) to organise and provide training for medical practitioners and others in any aspect of radiography and radiology (including mass-radiography).

5. The Board shall consist of twelve members appointed by the Minister.

6. The term of office of a member of the Board shall be such period not exceeding four years as may be specified by the minister when appointing him and he shall hold office for the period for which he is appointed unless he sooner dies, resigns by letter addressed to the Minister or ceases to be a member in accordance with Article 7 of this Order.

7. A member shall cease to be a member of the Board on his being requested by the Minister to resign.

8. The Minister shall appoint from amongst the members of the Board a Chairman who shall hold office until he ceases to be a member of the Board or until the Minister appoints another person to be Chairman.

9. The quorum of the Board shall be four.

10. The Board shall hold such and so many meetings as may be necessary for the performance of its functions.

11. The proceedings of the Board shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointment of the Board or any member thereof.

12.--(1) The Chairman may, at any time, call a meeting of the Board.

(2) If the Chairman refuses to call a meeting of the Board after a requisition for that purpose, signed by four members of the Board has been presented to him, any four members of the Board may forthwith, on that refusal, call a meeting of the Board, and, if the Chairman (without so refusing) does not, within seven days after the presentation of the requisition, call a meeting of the Board, any four members of the Board may, on the expiration of these seven days, call a meeting of the Board.

13. At a meeting of the Board--

(a) the Chairman shall, if he is present, be chairman of the meeting;

(b) if and so long as the Chairman is not present, the members of the Board who are present shall choose one of their number to be chairman of the meeting.

14. Minutes of the proceedings of each meeting of the Board shall be entered in a book kept for that purpose and shall be signed by the chairman of the meeting or of the next ensuing meeting.

15.--(1) The names of the members present at a meeting of the Board shall be recorded in the minutes of the proceedings of the Board.

(2) the names of the members voting on any question arising at a meeting of the board shall be recorded in the minutes of the proceedings of the meeting and the record shall show which members vote for and which against the question.

16.--(1) A person shall not receive any remuneration for acting as a member of the Board.

(2) Members of the Board may be paid travelling and subsistence allowances in accordance with such scale as may from time to time be approved by the Minister.

17.--(1) All acts of the Board and a questions coming or arising before the Board may be done and decided by the majority of such members of the Board as are present and vote at a meeting of the Board.

(2) In case of equality of votes on any question arising at a meeting of the Board, the chairman of the meeting shall have a second or casting vote.

18. The seal of the Board shall be authenticated by the signature of the Chairman or some other member of the Board duly authorised by the Board to act in that behalf and the signature of an officer of the Board duly authorised by the Board to act in that behalf.

19.--(1) The Board shall cause to be kept proper accounts of all income and expenditure of the Board, and of the sources of such income and subject matter of such expenditure, and of the property, credits and liabilities of the Board.

(2) The financial year of the Board shall be the period of twelve months ending on the 31st day of March in any year and for the purposes of this provision the period commencing on the date of this Order and ending on the 31st March, 1965, shall be deemed to be the financial year.

(3) A statement of accounts of the Board for each financial year shall, as soon as may be after the end of such financial year, be prepared and after such preparation be audited by and be subject to a report by an auditor appointed for the purpose by the Minister after consultation with the Board.

(4) The expenses generally of such audit shall be paid by the Board as soon as may be after each audit.

(5) A copy of the accounts and the auditor's certificate and report thereon shall be presented to the members of the Board and to the Minister.

20.--(1) The Board shall in each year, not later than such day as the Minister shall direct, make a report to the Minister of its activities during the preceding year.

(2) The Board shall submit to the Minister such information regarding the performance of its functions as the Minister may from time to time require.

21.--(1) The Board may appoint such and so many officers and employ such and so many servants as the Board may, from time to time, think proper and in appointing any officer or employing any servant the Board shall comply with any directions given by the Minister relating to the procedure to be followed.

(2) Every officer of the Board holding office in a permanent capacity shall cease to hold his office on attaining the age of sixty-five years.

(3) The Board may, with the consent of the Minister, within three months from the date of this Order determine that the preceding sub-article shall not apply to an officer of the Board who, immediately before the date of this Order, was an officer of the Company in a permanent capacity.

(4) The Board shall determine the remuneration and conditions of service of each officer and each servant of the Board and may, from time to time, alter the remuneration or conditions of service of any officer or servant.

(5) Every officer and servant of the Board shall perform such duties as the Board may, from time to time, assign to such officer or servant.

(6) The Minister may, whenever and so often as he thinks fit, declare that any of the powers conferred on the Board by this article shall be exercisable only with the consent of the Minister, and whenever any such declaration is in force, the said powers may, in relation to any office or employment to which the declaration applies, be exercised only with such consent.

22. A person who for the time being holds any office under or is in the employment of the Board shall be disqualified from being a member of the Board.

23.The Local Government (Superannuation) Act, 1956 , (No. 10 of 1956) shall apply to the Board as if it were a local authority, subject to the following modifications:--

(a) "registrable officer" shall not include any person as respects whom the Minister, within one month from the date of this Order, declares that there are other provisions for retirement benefits in respect of the service of such person with the Company and with the Board.

(b) A person whose name is entered in the register of pensionable officers and who immediately before the date of this Order, was an officer of the Company in a permanent capacity shall be entitled to reckon as service with the Board--

(i) the half of the continuous period immediately before the date of this Order of his service in a permanent capacity as an officer of the Company, and

(ii) where such person applies in writing to the Board before the expiration of six months from the date of this Order to have the remainder of such continuous period so reckonable, he shall be entitled to reckon as service the remainder of such period if he pays to the Board a sum calculated at the rate of five per cent. of one half of the total amount of his salary and of the value of his emoluments as an officer of the Company during such period or he agrees with the Board to pay the said sum within three years from the date of this Order on such instalments as may be agreed with the Board and he authorises the Board to recover such instalments by means of periodical deductions from his salary and emoluments and by retaining them out of any lump sum, allowance or gratuity payable by the Board to or in respect of him.

(c) As respects a person whose name is entered in the register of pensionable officers and to whose pensionable local service there is not added a period in accordance with paragraph (a) subsection (2) of section 13 of the said Act and who--

(i) was required as a condition of his appointment to be a registered medical practitioner, and

(ii) has not less than ten years of pensionable local service,

the Board may add to his pensionable local service the period which could be added in accordance with section 13 of the said Act if the circumstances set out in paragraph (a) of subsection (2) of that section applied in relation to the person.

(d) A pensionable servant of the Board shall be entitled to reckon as service with the Board--

(i) half the number of whole years in the period or in aggregate of the periods which he would have been entitled to reckon if Part III of the said Act had been in operation in relation to the Company and he had been a pensionable servant, and

(ii) where such person applies in writing to the Board before the expiration of six months from the coming into operation of Part III of the said Act in relation to the Board to have the remainder of the said number of whole years so reckonable, he shall be entitled to reckon the remainder of the said number of whole years as service if he pays to the Board a sum calculated at the rate of four and one-sixth per cent. of one half of the total amount of his wages and of the value of his emoluments as a servant of the Company during the said number of whole years in which he was employed by the Company and he authorises the Board to recover such sum by means of periodical deductions from his wages and emoluments and by retaining them out of any allowance or gratuity payable by the Board to or in respect of him.

(e) For the purposes of paragraph (a) of subsection (1) of section 34 of the said Act, a pensionable servant of the Board shall be entitled to reckon as a service day in the local financial year ending of the 31st day of March, 1965, any day during the period commencing on the 1st day of April, 1964, and ending on the day before the date of this Order, on which the person worked in a wholetime capacity with the Company.

24.--(1) For the purpose of the performance of its functions, the Board may, with the consent of the Minister, borrow money and purchase or take on lease any land.

(2) The Board may, with the consent of the Minister, sell, exchange, let or otherwise dispose of any land vested in them.

25.--(1) The Board may accept gifts of money, land and other property upon such trusts and conditions, if any, as may be specified by the donor.

(2) The Board may not accept a gift if the conditions attached by the donor to its acceptance are not consistent with the functions of the Board.

GIVEN under the Official Seal of the Minister for Health this 18th day of June, 1964.

SEÁN MAC ENTEE

Minister for Health.

The Minister for Local Government hereby consents to the application of the Local Government (Superannuation) Act, 1956 to the Mass-Radiography Board subject to the modifications contained in article 23 of the above Order.

Dated this 18th day of June, 1964.

NEIL T. BLANEY

Minister for Local Government.

EXPLANATORY NOTE

The effect of this Order is to establish under the Health (Corporate Bodies) Act, 1961 , a body to be known as An Bord Slua-Raideagrafaiochta or the Mass-Radiography Board in succession to An Comhlachas Naisiunta Slua-Radioghrafachta Teoranta (The National Mass-Radiography Association Limited) which, by resolution passed on 25th February, 1964 was wound up for the purposes of section 8 of the said Act.