STATUTORY INSTRUMENT

S.I. No. 516 of 2003

THE HEALTH ACT 1970 (SECTION 76) SIMPSON'S HOSPITAL ESTATE ACT (AMENDMENT) ORDER 2003.

DUBLIN

PUBLISHED BY THE STATIONERY OFFICE

S.I. No. of 2003

THE HEALTH ACT 1970 (SECTION 76)

SIMPSON'S HOSPITAL ESTATE ACT (AMENDMENT) ORDER 2003

WHEREAS the Simpson's Hospital has its origins in the Last Will and Testament of George Simpson, dated the 11 December 1778, late of the City of Dublin whereby he bequeathed the residue of his estate to Trustees in trust - “… to erect, support, and maintain an Hospital for the Reception of such poor, decayed, blind, and gouty Men as they shall think worthy of such a Charity, …”,

AND WHEREAS the Simpson's Hospital was established by the Simpson's Hospital Estate Act 1779, as amended by the Simpson's Hospital Estate Act 1861;

AND WHEREAS the Simpson's Hospital is currently carried on at a premises situate at and known as Simpson's Hospital, Dundrum in the County of the City of Dublin;

AND WHEREAS the charitable work of the Simpson's Hospital can be better carried on by broadening its objects to include women;

AND WHEREAS the Trustees of the Simpson's Hospital are desirous of entering into arrangements with the Eastern Regional Health Authority for the construction of additional nursing home and care facilities on the property of the Simpson's Hospital, and the operation and management of such facilities by the Simpson's Hospital;

AND WHEREAS the Trustees require a power to borrow monies on security of the Simpson's Hospital property for the developments now contemplated and for the operation and management of the Simpson's Hospital, and require the incidental broadening of their powers under the said Acts, and the removal of certain outmoded limitations on their powers and the administrative regulations of the trustees;

AND WHEREAS the Trustees of the Simpson's Hospital are desirous that the said Acts be amended for the purpose of enabling the changes previously recited, to be carried into effect;

NOW I, Micheál Martin, Minister for Health and Children, on the application of the Trustees of the Simpson's Hospital, and in exercise of the powers conferred on me by section 76 of the Health Act 1970 ( No. 1 of 1970 ) as adapted by the Health (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. 308 of 1997) after consultation with the Commissioners of Charitable Donations and Bequests for Ireland, hereby order as follows:

1.         This Order may be cited as the Health Act 1970 (Section 76) Simpson's Hospital Estate Act (Amendment) Order 2003.

2.         In this Order “Act” means the Simpson's Hospital Estate Act 1779 (as amended by Simpson's Hospital Estate Amendment Act 1861.

3.         The Act is amended-

(a)  in paragraph 3, by substituting “hereby authorized and empowered to erect, support and maintain an Hospital and Day Care facilities for the reception of such poor or infirm or decayed or blind or needy or sick men or women as they and their successors shall think worthy of such a Charity.” for “hereby authorized and empowered to erect, support and maintain an Hospital for the reception of such poor decayed blind Men, and Gouty Men, as they and their Successors shall think worthy of such a Charity.”,

(b) in paragraph 5 by deleting “within three Calendar Months next after the Death or Resignation of such Trustee”,

(c) in paragraph 6 by deleting “Provided nevertheless, that before every such Election of a Trustee, eight Days Notice to be first given for that Purpose, in the Dublin Gazette; and such other of the Public Newspapers in the City of Dublin, as the Trustees, or any five of them, shall think proper; and by Writing to be left at the usual Place of Abode of each surviving Trustee, if in the City of Dublin, or the Suburbs or Liberties thereof; and for want of such Notice, the Election shall be void, and the Trustees may proceed to a new Election:”,

(d) in paragraph 7 by substituting “every person” for “every poor Man”,

(e) by the deletion of paragraph 11,

(f) in paragraph 12 by deleting “Not exceeding in value the yearly sum of One Thousand Pounds Sterling in the whole”.

4.         The following is inserted after paragraph [9]

“Subject to any provisions to the contrary, or any provisions limiting the powers of the Trustees of the Simpson's Hospital contained in the Simpson's Hospital Estate Act 1779 -

(i) The Trustees of the Simpson's Hospital shall have power to borrow on the security of any part of the property of the Charity and all such moneys borrowed under this Provision shall be applied for the objects of the Simpson's Hospital.

(ii) The Trustees of the Simpson's Hospital shall have the power to sell any part of the property of the Simpson's Hospital and to re-invest the proceeds of any sale in such manner as if they were absolutely and beneficially entitled thereto and in particular without prejudice to the generality of the foregoing the Trustees shall have power to invest any part of the property of the Simpson's Hospital in the purchase of lands, tenements and hereditaments, whether leasehold or freehold, and shall have the power to grant Leases, short term lettings or licences for the use of such property.

(iii) That the Trustees shall have power to delegate to the Secretary, Administrator, Matron, or person for the time being having the position and holding the powers equivalent to those of Matron the authority to employ, appoint and terminate the employment or appointment of employees and the management of employees other than employees who are officers of the Simpson's Hospital.”.

Explanatory Note: Simpson's Hospital

Simpson's Hospital has its origins in the last Will of George Simpson dated 11^th December, 1778 whereby he bequeathed the residue of his estate to Trustees in trust, “to erect, support and maintain an Hospital for the reception of such poor, decayed, blind and gouty men, as they shall think worthy of such a charity”…

The charity was established by the Simpson's Hospital Estates Act 1779 and this Statute was amended by the Simpson's Hospital Act 1861.

Simpson's Hospital now wishes to amend their Charter by broadening its objects to include women and their powers under existing Statutes to allow Trustees to borrow monies on the security of the charity's property for developments contemplated with the support of the Eastern Regional Health Authority.