No. 21/1936:

DUBLIN FEVER HOSPITAL ACT, 1936

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title.

2 Definitions.

3 The appointed day.

4 The Dublin Fever Hospital Board (Extraordinary Members) Electorate.

5 Local inquiries.

6 Expenses of the Minister.

PART II THE DUBLIN FEVER HOSPITAL BOARD

7 Establishment of the hospital board.

8 Constitution of the hospital board.

9 Qualifications for membership.

10 Election and term of office of city members.

11 Election and term of office of board of health members.

12 Election and term of office of extraordinary members.

13 Appointment and term of office of appointed members.

14 Vacancies occurring before the appointed day.

15 Resignation and disqualification of members.

16 Casual vacancies.

17 Meetings of the Hospital board.

18 Chairman and vice-chairman of the hospital board.

19 Procedure at meetings.

20 Seal of the hospital board.

21 The Resident Medical Superintendent.

22 Other officers of the hospital board.

23 Remuneration of officers.

24 Miscellaneous provisions in relation to officers.

25 Rules for management and control of fever hospitals and convalescent homes.

26 Admission of patients to fever hospitals and convalescent homes.

27 Saving of disqualification of patients.

28 Inspection of fever hospitals by certain medical officers of health.

29 "Establishment expenses" and "patients' expenses".

30 Expenses of the hospital board.

31 Contributions by the Corporation and the board of health.

32 Borrowing by the hospital board.

33 Accounts of the hospital board.

34 Regulations.

35 Power to take lands.

36 Sale of surplus land.

37 Contracts.

38 Application of certain enactments to the hospital board.

39 Acceptance of endowments.

40 General powers of the hospital board.

PART III THE DUBLIN FEVER HOSPITAL

41 Submission of scheme for establishment of a new fever hospital.

42 Proceedure after submission of scheme.

43 Modification in the scheme after approval.

44 Expenses in relation to preparation of the scheme.

45 Erection and establishment of new fever hospital.

46 Management and control of the new fever hospital.

47 Extension etc. of new fever hospital.

48 Erection and establishment of new convalescent home.

49 Extension etc. of new convalescent home.

50 Management and control of new convalescent home.

PART IV DISSOLUTION OF THE BODY CORPORATE KNOWN AS THE HOUSE OF RECOVERY AND FEVER HOSPITAL, CORK STREET, DUBLIN, AND TRANSFER OF ITS PROPERTY, LIABILITIES AND OFFICERS TO THE DUBLIN FEVER HOSPITAL BOARD

51 Dissolution of the body corporate and the existing committee.

52 Transfer of property.

53 Transfer of liabilities.

54 Preservation of continuing contracts.

55 Continuance of pending legal proceedings.

56 Transfer of officers.

57 Preservation of contracts of service.

PART V TRANSITORY PROVISIONS IN RELATION TO THE FEVER HOSPITAL SITUATE AT CORK STREET, DUBLIN, AND THE BENEAVIN CONVALESCENT HOME

58 Management and control of the existing hospital and the existing home.

59 Closing of existing hospital or existing home.

60 Restriction on extension etc. of existing hospital and existing home.

AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT OF A NEW FEVER HOSPITAL IN OR NEAR THE CITY OF DUBLIN AND FOR THE CLOSING OF THE HOUSE OF RECOVERY AND FEVER HOSPITAL, CORK STREET, DUBLIN, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[13th June, 1936.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

1.—This Act may be cited as the Dublin Fever Hospital Act, 1936 .

2.—In this Act—

the expression "the Minister" means the Minister for Local Government and Public Health;

the expression "the Act of 1925" means the Local Government Act, 1925 (No. 5 of 1925);

the expression "the Act of 1927" means the Local Government Act, 1927 (No. 3 of 1927);

the expression "the Corporation" means the Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin;

the expression "the city council" means the council established for the City of Dublin by the Local Government (Dublin) Act, 1930 (No. 27 of 1930);

the expression "the hospital board" means the Dublin Fever Hospital Board established under this Act;

the expression "the board of health" means the Dublin Board of Public Health;

the expression "fever hospital" means a hospital for the treatment of patients suffering from infectious diseases;

the expression "convalescent home" means a home for the treatment of patients recovering from infectious diseases;

the expression "the body corporate" means the body incorporated by a charter granted on the 6th day of June, 1903, under the name of the House of Recovery and Fever Hospital, Cork Street, Dublin;

the expression "the existing committee" means the committee of management of the body corporate;

the expression "the existing hospital" means the fever hospital, the property of the body corporate, at Cork Street, Dublin;

the expression "the existing home" means the convalescent home, the property of the body corporate and known as the Beneavin Convalescent Home;

the expression "the new fever hospital" means the fever hospital to be established under Part 111 of this Act;

the expression "the appointed day" means the day appointed under this Act to be the appointed day for the purposes of this Act;

the word "remuneration" includes allowances and benefits (whether paid in money or given otherwise than in money) received by an officer in respect of his office;

the expression "election year" means a year commencing after the appointed day in which is held an election of all the members of the city council;

the word "land" includes any easement or right in to or over land or water;

the expression "local financial year" means a period of twelve months ending on the 31st day of March.

3.—The Minister may by order appoint a day to be the appointed day for the purposes of this Act.

4.—(1) There shall be established, on the date (in this section referred to as the said date) appointed by the Minister under Part II of this Act for the holding of the first election of extraordinary members, a body (in this Act referred to as the extraordinary members electorate) to be known as the Dublin Fever Hospital Board (Extraordinary Members) Electorate to fulfil the functions assigned to it by this Act.

(2) The extraordinary members electorate, shall consist of a number of members equal to the number of trustees of the body corporate on the said date.

(3) The first members of the extraordinary members electorate shall be the persons who are the trustees of the body corporate on the said date.

(4) The term of office of the first members of the extraordinary members electorate shall commence on the said date, and the term of office of every other member shall commence on the date of his election.

(5) Every person who is a member of the extraordinary members electorate shall hold office until his death or resignation whichever first happens.

(6) Whenever a member of the extraordinary members electorate dies or resigns, the extraordinary members electorate shall, with in three months after his death or resignation, elect such person as they think fit to be a new member of the extraordinary members electorate in place of the member so dying or resigning, and if a new member is not so elected the Minister may nominate such person as he thinks fit to be a new member of the extraordinary members electorate, and the person so nominated shall be deemed to have been elected by the extraordinary members electorate.

(7) The extraordinary members electorate may act notwithstanding any vacancy in its membership.

(8) The extraordinary members electorate may regulate its own procedure.

(9) The extraordinary members electorate may appoint a person to act as its secretary.

(10) Any expenses incurred by the extraordinary members electorate under this Act shall, to such extent as may be sanctioned by the Minister, be paid by the hospital board and shall be deemed to be part of the establishment expenses.

5.—(1) The Minister may, before exercising or performing any power or duty conferred or imposed on him by this Act, cause a local inquiry to be held into the matter which is the subject of the exercise of such power or the performance of such duty.

(2) Sub-articles (1) and (3) of Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply in respect of every local inquiry held under this section.

6.—All expenses incurred by the Minister under this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II THE DUBLIN FEVER HOSPITAL BOARD

Establishment and Constitution of the Hospital Board.

7.—(1) There shall be established on the appointed day a board (in this Act referred to as the hospital board) to be styled and known as the Dublin Fever Hospital Board to fulfil the functions assigned to it by this Act.

(2) The hospital board shall be a body corporate with perpetual succession and an official seal (which shall be judicially noticed) and power to sue and be sued in its corporate name and to hold land.

8.—The hospital board shall consist of—

( a ) seven members (in this Act referred to as city members) elected, in accordance with this Act, by the Corporation,

( b ) three members (in this Act referred to as board of health members) elected, in accordance with this Act, by the board of health

( c ) seven members (in this Act referred to as extraordinary members) elected, in accordance with this Act, by the extraordinary members electorate, and

( d ) three members (in this Act referred to as appointed members) appointed, in accordance with this Act, by the Minister.

9.—(1) A person shall not be qualified to be elected a city member unless at the date of his election he is a member of the city council.

(2) A person shall not be qualified to be elected a board of health member unless at the date of his election he is a member of the board of health.

(3) A person shall not be qualified to be elected an extraordinary member unless at the date of his election he is a member of the extraordinary members electorate.

10.—(1) The first election of city members shall take place on such day, not being less than one month before the appointed day, as the Minister may appoint for the purpose, and the Corporation shall at the said election elect seven city members.

(2) The Corporation shall in every election year elect seven city members at the quarterly meeting of the city council held next after the 22nd day of June in that year, and such election shall be included in the business to be transacted at every such quarterly meeting.

(3) The term of office of every city member elected at the first election of city members shall commence on the appointed day.

(4) The term of office, of every city member (other than a city member elected at the first election of city members or a person elected to fill a casual vacancy amongst the city members) shall commence on the day next following the day of the quarterly meeting of the city council at which he was elected.

(5) Every city member (other than a person elected to fill a casual vacancy amongst the city members) shall unless he sooner dies, resigns, or becomes disqualified, hold office until the day next following the day of the next quarterly meeting of the city council at which the Corporation is required by this section to elect city members.

11.—(1) The first election of board of health members shall take place on such day, not being less than one month before the appointed day, as the Minister may appoint for the purpose, and the board of health shall at the said election elect three board of health members.

(2) The board of health shall in every election year elect three board of health members at the annual meeting of the board of health held in that year and such election shall be included in the business to be transacted at every such annual meeting of the board of health.

(3) The term of office of every board of health member elected at the first election of board of health members shall commence on the appointed day.

(4) The term of office of every board of health member (other than a board of health member elected at the first election of board of health members or a person elected to fill a casual vacancy amongst the board of health members) shall commence on the day next following the day of the annual meeting of the board of health at which he was elected.

(5) Every board of health member (other than a person elected to fill a casual vacancy amongst the board of health members) shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the day next following the day of the next annual meeting of the board of health at which the board of health are required by this section to elect board of health members.

12.—(1) At a meeting of the extraordinary members electorate to be held on such day, not being less than one month before the appointed day, as the Minister shall appoint for the purpose, the extraordinary members electorate shall from amongst its members elect seven extraordinary members.

(2) The extraordinary members electorate shall in every election year elect from amongst its members seven extraordinary members at a meeting of the extraordinary members electorate held in that year on such date as the Minister shall direct.

(3) If the extraordinary members electorate, on any occasion on which it is required by either of the two immediately preceding sub-sections to elect seven extraordinary members fail to elect seven extraordinary members, the Minister shall, as soon as may be nominate that number or such less number as the circumstances require of persons to be extraordinary members and the persons so nominated shall be deemed to have been elected on the said occasion by the extraordinary members electorate as extraordinary members.

(4) The term of office of every extraordinary member elected at the first election of extraordinary members shall commence on the appointed day.

(5) The term of office of every extraordinary member (other than an extraordinary member elected at the first election of extraordinary members or a person elected to fill a casual vacancy amongst the extraordinary members) shall commence on the day next following the day of the meeting of the extraordinary members electorate at which he was elected.

(6) Every extraordinary member (other than a person elected to fill a casual vacancy amongst the extraordinary members) shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the day next following the day of the next meeting of the extraordinary members electorate at which the extraordinary members electorate is required by this section to elect extraordinary members.

13.—(1) The Minister, by order made before the appointed day, shall appoint three persons to be appointed members, and the term of office of such appointed members shall commence on the appointed day.

(2) In every election year the Minister shall by order appoint three persons to be appointed members.

(3) The term of office of every appointed member (other than an appointed member who was appointed before the appointed day or a person appointed to fill a casual vacancy amongst the appointed members) shall commence on the day after the making of the order by which he was appointed.

(4) Every appointed member (other than a person appointed to fill a casual vacancy amongst the appointed members) shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the day after the making of an order under this section appointing persons to be appointed members in the election year next after the year in which his term of office commenced.

14.—For the purposes of this Act a casual vacancy in the membership of the hospital board shall be deemed to have happened if any person elected or appointed to be a member of such board dies, resigns or becomes disqualified before the appointed day, and the term of office of the person elected or appointed to fill such a casual vacancy shall commence either on the appointed day or on the day next following the day on which he is so elected, or appointed, whichever of such days shall be the later.

15.—(1) A member of the hospital board may at any time resign his office by letter sent to the hospital board and every such resignation shall take effect at the commencement of the meeting of the hospital board held next after the sending of such letter.

(2) Whenever a city member ceases to be a member of the city council he shall be, disqualified for being and shall forthwith cease to be a city member.

(3) Whenever a board of health member ceases to be a member of the board of health he shall be disqualified for being and shall forthwith cease to be a board of health member.

(4) Whenever an extraordinary member ceases to be a member of the extraordinary members electorate he shall be disqualified for being and shall forthwith cease to be an extraordinary member.

(5) Article 12 of the Schedule to the Local Government (Application of Enactments) Order, 1898, as amended by any subsequent enactment, shall apply to the hospital board and the members thereof in like manner as it applies to a county council and the members thereof.

16.—(1) Whenever a casual vacancy occurs amongst the city members the Corporation shall, as soon as conveniently may be, elect a person qualified to be elected a city member to fill such vacancy.

(2) Whenever a casual vacancy occurs amongst the board of health members, the board of health shall, as soon as conveniently may be elect a person qualified to be elected a board of health member to fill such vacancy.

(3) Whenever a casual vacancy occurs amongst the extraordinary members the extraordinary members electorate shall, as soon as conveniently may be, elect a person qualified to be elected an extraordinary member to fill such vacancy.

(4) Whenever a casual vacancy occurs amongst the appointed members the Minister shall by order, as soon as may be, appoint a person to be an appointed member to fill such vacancy.

(5) A person elected to fill a casual vacancy amongst the city members shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the day next following the day of the next quarterly meeting of the city council at which the Corporation is required by this Act to elect city members.

(6) A person elected to fill a casual vacancy amongst the board of health members shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the day next following the day of the next annual meeting of the board of health at which the board of health are required by this Act to elect board of health members.

(7) A person elected to fill a casual vacancy amongst the extraordinary members shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the day next following the day of the next meeting of the extraordinary members electorate in an election year at which the extraordinary members electorate are required by this Act to elect seven extraordinary members.

(8) A person appointed to fill a casual vacancy amongst the appointed members shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the day after the making of an order in an election year appointing persons to be appointed members, otherwise than for the purpose of filling casual vacancies.

Proceedings of the Hospital Board.

17.—(1) The hospital board shall hold its first meeting on the appointed day at such time and in such place as the Minister may appoint.

(2) The hospital board shall in every year commencing after the appointed day hold a meeting (in this Act referred to as an annual meeting) on such date as the Minister may appoint.

(3) The hospital board shall hold at least one meeting in every month.

(4) Subject to the provisions of this section, the hospital board shall hold such and so many meetings as may be necessary for the exercise and performance of its powers and duties.

18.—(1) The hospital board shall, at its first meeting and also at every annual meeting, elect one of its members to be chairman of the hospital board and another of its members to be vice-chairman of the hospital board.

(2) Every person elected to be chairman or vice-chairman of the hospital board shall, unless he sooner dies, resigns, or becomes disqualified, hold office as chairman or vice-chairman until his successor is elected.

(3) Whenever the office of chairman or vice-chairman becomes vacant through the death, resignation, or disqualification of the chairman or vice-chairman, the hospital board shall at the next meeting after such vacancy has taken place elect one of its members to be chairman or vice-chairman.

(4) The chairman or vice-chairman of the hospital board may at any time resign his office as chairman or vice-chairman by letter addressed to the hospital board, and every such resignation shall take effect at the commencement of the meeting of the hospital board held next after the receipt of such resignation by the hospital board.

(5) Whenever the chairman or the vice-chairman of the hospital board ceases during his term of office as such chairman or vice-chairman to be a member of the hospital board he shall be disqualified for being and shall forthwith cease to be such chairman or vice-chairman.

(6) Whenever at the election of chairman of the hospital board, there is an equality of votes for two or more persons, one of these persons shall be elected by lot.

19.—(1) The quorum for a meeting of the hospital board shall be four.

(2) At a meeting of the hospital board—

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

( b ) if the chairman of the hospital board is not present or if the office of chairman is vacant, the vice-chairman of the hospital board shall, if he is present, be chairman of the meeting;

( c ) if the chairman of the hospital board is not present or if the office of chairman is vacant and the vice-chairman is not present or the office of vice-chairman is vacant, the members of the hospital board who are present shall choose one of their number to be chairman of the meeting.

(3) Every question at a meeting of the hospital 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.

(4) The hospital board may act, notwithstanding one or more vacancies amongst its members.

(5) Where—

( a ) the Corporation, the board of health or the extraordinary members electorate purport to elect a person a member of the hospital board, and

( b ) such person acts as such member, and

( c ) there was any informality (including want of qualification on the part of such person) in the purported election of such person,

then the acts and proceedings of such person shall, for the purposes of the proceedings of the hospital board but not further or otherwise, be as valid and effectual as if there had been no such informality.

(6) Where a person duly elected as a member of the hospital board becomes disqualified for being a member of the hospital board, then the acts and proceedings of such person after his becoming disqualified shall, for the purposes of the proceedings of the hospital board but not further or otherwise, be as valid and effectual as if he had not become so disqualified.

(7) The Minister may, by regulations made by him under this Act, regulate the procedure and business of the hospital board.

(8) Subject to the provisions of this Act and any regulations made thereunder, the hospital board shall regulate, by standing orders or otherwise, the procedure and business of the hospital board.

20.—(1) The hospital board shall immediately upon its establishment provide itself with a seal.

(2) The seal of the hospital board shall be authenticated by the signature of the chairman of the hospital board or some other member thereof authorised by the hospital board to act in that behalf and the signature of an officer of the hospital board duly authorised by the hospital board to act in that behalf.

Officers and Servants of the Hospital Board.

21.—(1) The hospital board shall appoint an officer to be called and known as the Resident Medical Superintendent who shall be a duly qualified medical practitioner, and may, subject to the approval of the Minister, fix the duties to be performed by such officer.

(2) The Resident Medical Superintendent shall be responsible to the hospital board for the internal administration of every fever hospital and every convalescent home managed and controlled by the hospital board and shall in the performance of his duties, unless the Minister otherwise directs, adopt and give effect to any recommendations made by the medical superintendent officer of health of the county borough of Dublin.

(3) The Resident Medical Superintendent shall, after the establishment of the new fever hospital, reside therein unless the hospital board, with the consent of the Minister, permit him to reside elsewhere.

22.—The hospital board may, with the approval of the Minister, appoint such and so many officers (other than the Resident Medical Superintendent) as the hospital board may from time to time think proper, to perform such duties as the hospital board may from time to time assign to them.

23.—(1) The Minister may from time to time by order fix the remuneration of any officer of the hospital board.

(2) Subject to the provisions of any order made under the next preceding sub-section the hospital board may, with the approval of the Minister, fix the remuneration of every officer of the hospital board.

(3) Every officer of the hospital board shall be entitled to receive from the hospital board the remuneration fixed under this section.

24.—(1) The hospital board may, with the approval of the Minister, remove from office any officer of the hospital board.

(2) The Minister may at any time remove from office any officer of the hospital board.

(3) The hospital board shall be deemed to be a local authority within the meaning of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), and for that purpose the expression "the Minister" in that Act shall, in relation to the hospital board, mean the Minister for Local Government and Public Health.

(4) The hospital board shall be deemed to be a local body within the meaning of Part IV of the Act of 1925, as amended by the Act of 1927, and Part IV of the Act of 1925, as so amended, shall apply to the hospital board and the officers of the hospital board accordingly.

(5) In the case of any officer of the body corporate who becomes by virtue of Part IV of this Act an officer of the hospital board, the service of such officer under the body corporate shall, for the purposes of Part IV of the Act of 1925, as amended by the Act of 1927, and as applied by this section, be reckoned as service as an officer of the hospital board.

(6) References in this section to an officer of the hospital board shall be construed as including references to an officer of the body corporate who is transferred to the hospital board under Part IV of this Act.

(7) If any question arises under this Act whether a person who is or was in the service of the hospital board is or was an officer, the question shall be referred to the Minister, whose decision shall be final.

Management of Hospitals and Convalescent Homes and Admission of patients.

25.—(1) The Minister may, after consultation with the hospital board, make rules prescribing the conditions to be fulfilled before any patient, who has been treated in any fever hospital or convalescent home which is for the time being controlled and managed by the hospital board, may be discharged from such hospital and home, and the hospital board and the officers of the hospital board shall observe such rules.

(2) Subject to any rules made under the immediately preceding sub-section, the hospital board may, from time to time, with the approval of the Minister, make all necessary rules for the conduct and management of any fever hospital or convalescent home which is for the time being controlled and managed by the hospital board, and the patients therein.

26.—(1) Subject to the provisions of this section, the hospital board may, from time to time, with the approval of the Minister, make rules for the admission of patients to any fever hospital or convalescent home which is for the time being controlled and managed by the hospital board.

(2) Rules made under this section may prescribe a procedure to be complied with by persons ordering the admission of patients to any fever hospital for the time being controlled and managed by the hospital board, and may provide for the admission of patients, to any fever hospital or convalescent home controlled and managed by the hospital board, on special terms as to payment and accommodation.

(3) The hospital board shall, so far as accommodation permits, receive, into any fever hospital which is for the time being controlled and managed by the hospital board, any patients suffering from infectious diseases sent to such fever hospital on the order of—

( a ) the medical superintendent officer of health of the county borough of Dublin, or

( b ) any assistant medical officer of health of the county borough of Dublin, or

( c ) any medical officer of health of a dispensary district in the county borough of Dublin,

and the expression "city patients" means in this Act patients received in any such fever hospital under this sub-section.

(4) The hospital board shall, so far as accommodation permits, receive, into any fever hospital which is for the time being controlled and managed by the hospital board, any patients suffering from infectious diseases sent to such fever hospital on the order of—

( a ) the county medical officer of health for the county of Dublin acting in his capacity as medical superintendent officer of health for any sanitary district situate in the said county, or

( b ) any assistant county medical officer of health for the Dublin County Health District, or

( c ) any medical officer of health of a dispensary district in the county of Dublin,

and the expression "county patients" means in this Act patients received into any such fever hospital under this sub-section.

(5) The hospital board may, with the approval of the Minister, enter into an agreement with the sanitary authority of any sanitary district not situate in the county or county borough of Dublin for the reception into any fever hospital which is for the time being controlled and managed by the hospital board, upon such terms as may be agreed upon, of inhabitants of the sanitary district of such authority who are suffering from infectious diseases.

27.—A person shall not be disqualified for being elected or being a member of the hospital board or any other public body by reason of his or any member of his family being admitted into and maintained in any fever hospital or convalescent home managed and controlled by the hospital board.

28.—The medical superintendent officer of health of the county borough of Dublin and the county medical officer of health for the county of Dublin shall be entitled, at all reasonable times, to enter any institution (being a fever hospital or a convalescent home) for the time being managed and controlled by the hospital board and to inspect such institution and the arrangements made for the care of patients therein and after consultation with the Resident Medical Superintendent to inspect and examine respectively, the city patients and the county patients in such institution, and each of the said officers shall also be entitled, in consultation with the Resident Medical Superintendent, to engage in any such institution in research work in relation to the prevention and treatment of infectious diseases.

Financial Provisions.

29.—(1) For the purposes of this Act any expenses (other than patients' expenses) incurred by the hospital board under this Act shall be establishment expenses.

(2) For the purposes of this Act each of the following expenses incurred by the hospital board under this Act shall be patients' expenses, namely—

( a ) the cost of conveying any patient to or from any institution (being a fever hospital or a convalescent home) for the time being managed and controlled by the hospital board,

( b ) the cost of disinfecting any patient resident in any such institution or the clothing and effects of any such patient and the cost of compensation in respect of damage caused to such clothing or effects by such disinfecting,

( c ) the cost of burying any patient who died in any such institution,

( d ) the cost of food and medicines provided for any patient resident in any such institution,

( e ) the cost of any other thing provided for any individual patient resident in any such institution.

(3) If any question arises under this Act whether any particular expenses of the hospital board are establishment expenses or patients' expenses, the question shall be referred to the Minister whose decision shall be final.

30.—(1) All expenses incurred by the hospital board under this Act shall in the first instance be defrayed by the hospital board out of a fund to be called and known as the Dublin Fever Hospital Fund, and all sums received or recovered by the hospital board shall be paid into the said fund and carried to the appropriate account thereof.

(2) In the Dublin Fever Hospital Fund separate accounts (in this Act respectively referred to as the establishment expenses account and the patients' expenses account) shall be kept as regards establishment expenses and as regards patients' expenses, and in the case of patients' expenses a separate account shall be kept for the Corporation in respect of city patients and for the board of health in respect of county patients.

(3) The money required to meet the establishment expenses and the patients' expenses in respect of city patients and county patients shall be supplied by the Corporation and the board of health upon the prescribed demand of the hospital board, and the money so demanded shall be a debt due from the Corporation or the board of health.

(4) The demand under this section upon the Corporation and the board of health shall be a demand for the proportion respectively payable by the Corporation and the board of health under this Part of this Act of the money so required.

(5) All moneys received by the hospital board in respect of patients (other than city patients and county patients) shall be carried to the establishment expenses account.

(6) Any moneys required to meet any deficiency in the patients' expenses account shall be transferred to the patients' expenses account from the establishment expenses account.

(7) All grants made to the hospital board under section 25 of the Public Hospitals Act, 1933 (No. 18 of 1933), shall be carried to the establishment expenses account.

31.—The amount of any deficiency in the establishment expenses account shall from time to time be defrayed by the Corporation and the board of health by means of contributions proportional to the respective valuations under the Valuation Acts of the county borough and the county of Dublin.

(2) The Corporation shall contribute towards the patients' expenses the sums appearing in the books of the hospital board as chargeable in respect of city patients.

(3) The board of health shall contribute towards the patients' expenses the sums appearing in the books of the hospital board as chargeable in respect of county patients.

(4) The amount of any contribution payable by the Corporation under this section shall be paid out of the municipal fund, and the amount of any contribution payable by the board of health under this section shall be raised by means of the poor rate as a county at large charge.

32.—(1) The hospital board may, with the sanction of the Minister, for the purpose of defraying any expenses incurred or to be incurred by it under this Act in the execution of any permanent works or any works the cost of which ought in the opinion of the Minister to be spread over a number of years or for the purpose of discharging any loans contracted by it under this sub-section for the payment of expenses incurred in the execution of any such works, borrow or re-borrow, and take up at interest any sums of money necessary for defraying such first-mentioned expenses or for discharging any such loans, and may borrow or re-borrow such sums on the security of the Dublin Fever Hospital Fund, and may, for the purpose of securing the repayment of the sums borrowed and interest thereon, mortgage that fund.

(2) Section 238 of the Public Health (Ireland) Act, 1878, as amended by any subsequent enactments, shall apply and have effect in relation to the exercise of the powers of borrowing conferred on the hospital board by the immediately preceding sub-section with and subject to the following modifications, that is to say:—

( a ) references to the sanitary authority shall be construed as references to the hospital board,

( b ) sub-sections (2) and (3) of the said section 238 shall not apply.

(3) The hospital board shall have the powers of borrowing conferred on a local authority by section 3 of the Local Authorities (Financial Provisions) Act, 1921, as amended by section 3 of the Local Government (Temporary Provisions) (Amendment) Act, 1924 (No. 13 of 1924)

33.—(1) The hospital board shall cause to be kept in such form as the Minister may direct the accounts of the receipts and payments of the hospital board.

(2) The accounts of the hospital board shall be made up annually to the end of each local financial year.

(3) The accounts of the hospital board shall be audited by an auditor appointed by the Minister and the following enactments, that is to say, sections 12 to 15 of the Local Government (Ireland) Act, 1871, sub-section (2) of section 63 of the Local Government (Ireland) Act, 1898, and sections 20 and 21 of the Local Government (Ireland) Act, 1902, as amended or adapted by or under any subsequent enactment shall apply to the audit and auditor of the accounts of the hospital board in the same manner as such enactments as so amended or adapted apply to the audit and auditor of the accounts of the public bodies specified therein.

(4) The Minister shall from time to time as occasion requires ascertain and determine what proportion of the salary paid to the auditor appointed to audit the accounts of the hospital board shall be charged in respect of such audit, and the amount of such proportion of such salary shall be paid by the hospital board to the Minister

34.—The Minister may by order make regulations for all or any of the following purposes:—

( a ) for regulating the communication by the hospital board to the Corporation and the board of health of the respective amounts to be paid by the Corporation and the board of health in each local financial year or any part thereof,

( b ) for regulating the estimates to be made by the hospital board of their receipts and expenditure in each local financial year,

( c ) for regulating the method of calculating the amount of patients' expenses to be charged against the Corporation and the board of health,

( d ) for regulating the manner in which the accounts and records of the hospital board are to be kept.

Acquisition and Disposal of Land by the Hospital Board.

35.—(1) The hospital board may, with the approval of the Minister, purchase or take on lease any land for the purposes of its powers and duties.

(2) For the purposes of the acquisition of land by the hospital board sections 203, 214 and 215 of the Public Health (Ireland) Act, 1878, as amended by section 8 of the Public Health (Ireland) Act, 1896, and section 68 of the Act of 1925 shall apply as if herein enacted and made applicable to the hospital board with the modification that the advertisements mentioned in sub-section (2) of section 203 of the Public Health (Ireland) Act, 1878, may be published in any month, and that the notices mentioned in the said sub-section shall be served in the succeeding month.

36.—(1) The hospital board may, with the consent of the Minister, sell or let any land which is vested in it and which is not required for the purposes of its powers and duties.

(2) Any moneys received by the hospital board on a sale or letting under this section shall be carried to the establishment expenses account.

Miscellaneous Provisions.

37.—(1) The hospital board may make all such contracts as may be necessary for the purposes of its functions under this Part of this Act.

(2) Section 201 of the Public Health (Ireland) Act, 1878, shall apply in respect of contracts made by the hospital board under this section in like manner as if the hospital board were a sanitary authority and such contracts were contracts made under the said Act.

38.—(1) The hospital board shall be deemed, for the purposes of the Local Authorities (Combined Purchasing) Act, 1925 (No. 20 of 1925) and the Local Authorities (Mutual Assurance) Acts, 1926 to 1935, to be a local authority.

(2) The hospital board shall be deemed to be a local authority within the meaning of section 60 of the Act of 1925, as amended by section 13 of the Act of 1927, and of sections 61, 62 and 70 of the Act of 1925, and of section 72 of the Act of 1925, as amended by subsequent enactments and the said sections 60 (as so amended), 61, 62, 70 and 72 (as so amended) shall apply to the hospital board and its members and officers accordingly.

(3) The hospital board shall be deemed to be a local authority within the meaning of sections 4 and 5 of the Local Government Act, 1933 (No. 5 of 1933), and the said sections 4 and 5 shall apply to the hospital board and its officers accordingly.

39.—The hospital board shall have power to accept any real or personal property as an endowment generally or upon trust for any purposes connected with any fever hospital or convalescent home for the time being controlled and managed by the hospital board.

40.—(1) Subject to the provisions of this Act, the hospital board may, in relation to any fever hospital or convalescent home for the time being managed and controlled by it, do all such things as the governing body of a hospital are usually authorised to do in relation to any hospital controlled by such governing body.

(2) The hospital board may, without prejudice to the generality of any other powers conferred on it by this Act, do all or any of the following things, that is to say:—

( a ) in any case where the relatives of any patient, dying in any institution (being a fever hospital or a convalescent home) for the time being managed and controlled by the hospital board, are not known, or by reason of their absence, or poverty or otherwise, are unable to provide for the burial of such deceased patient, defray all necessary and proper expenses incurred in the burial of such deceased patient;

( b ) disinfect the clothing and effects of patients in any such institution, and, in respect of any damage caused thereby to such clothing or effects, pay or make compensation;

( c ) where clothing is necessary for the proper treatment or protection of a patient in any such institution and such patient is unable by reason of poverty to provide such clothing, provide such clothing.

PART III THE DUBLIN FEVER HOSPITAL

41.—As soon as the hospital board has held its first meeting in pursuance of this Act, the hospital board shall, with all convenient speed, prepare and submit to the Minister a scheme for the erection and establishment of a new fever hospital (including accommodation for the staff thereof) in or near the city of Dublin, setting out the following matters, that is to say:—

( a ) the proposed site of the hospital,

( b ) the plans and specifications of the proposed hospital (including the accommodation for the staff thereof),

( c ) the estimated cost of carrying out the scheme.

42.—(1) When a scheme is submitted under the next preceding section by the hospital board to the Minister for his approval, the Minister may by order either (as he shall think proper) approve of such scheme without modification or modify such scheme in such manner (whether by addition, omission or variation) as he shall think proper, and approve of such scheme as so modified, or require a new scheme to be made and submitted to him by the hospital board.

(2) Where the Minister requires under this section a new scheme to be made and submitted to him by the hospital board it shall be the duty of the hospital board to make with all convenient speed a new scheme accordingly and to submit such new scheme to the Minister for his approval and the provisions of this Part of this Act shall have effect as if such new scheme were the first scheme made and submitted by the hospital board in pursuance of this Part of this Act.

(3) In this Part of this Act the expression "the scheme" means the scheme approved of by the Minister under this section.

(4) When the scheme has been approved of by the Minister the Minister shall by order fix a period within which a new fever hospital is to be erected and established in accordance with the scheme.

43.—At any time after the scheme has been approved by the Minister, the Minister may by order made on the application of the hospital board modify the scheme in such manner (whether by addition, omission or variation) as he shall think proper, and from and after the making of an order under this section modifying the scheme the scheme shall have effect as if it had been so modified at the time of its approval by the Minister.

44.—All expenses incurred by the hospital board in relation to the preparation or the modification of the scheme shall, for the purposes of this Act, be deemed to be establishment expenses.

45.—(1) After the scheme has been approved by the Minister the hospital board shall proceed to erect and establish within the period fixed by the Minister under this Act a fever hospital to be known as the Dublin Fever Hospital (in this Act referred to as the new fever hospital) and shall provide all necessary equipment for such hospital.

(2) In the erection and establishment of the new fever hospital the hospital board shall comply with the provisions of the scheme.

46.—The new fever hospital shall be controlled and managed by the hospital board, and the hospital board shall, subject to the provisions of this Act (including rules made under this Act), do all such things as may be necessary for that purpose.

47.—The hospital board may, with the consent of the Minister, extend, alter, enlarge or otherwise improve the new fever hospital.

48.—The hospital board may, with the consent of and in accordance with plans approved by the Minister, erect and establish a new convalescent home.

49.—The hospital board may, with the consent of the Minister, extend, alter, enlarge or otherwise improve any new convalescent home established by it under this Part of this Act.

50.—Any new convalescent home established by the hospital board under this Part of this Act shall be controlled and managed by the hospital board, and the hospital board shall, subject to the provisions of this Act (including rules made under this Act), do all such things as may be necessary for that purpose.

PART IV DISSOLUTION OF THE BODY CORPORATE KNOWN AS THE HOUSE OF RECOVERY AND FEVER HOSPITAL, CORK STREET, DUBLIN, AND TRANSFER OF ITS PROPERTY, LIABILITIES AND OFFICERS TO THE DUBLIN FEVER HOSPITAL BOARD

51.—On the appointed day the body corporate and the existing committee shall by virtue of this section be dissolved and cease to exist.

52.—(1) All property, whether real or personal (including choses-in-action) which immediately before the appointed day is vested in or belongs to or is held in trust for the body corporate and all rights, powers, and privileges relating to or connected with any such property shall, on the appointed day 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 or the property of or held in trust for (as the case may require) the hospital board for all the estate, term, or interest for which the same immediately before the appointed day was vested in or belonged to or was held in trust for the body corporate.

(2) All property transferred by this section which, immediately before the appointed day, is standing in the books of any bank or is registered in the books of any bank, corporation, or company in the name of the body corporate shall, upon the request of the hospital board made on or at any time after the appointed day, be transferred in such books by such bank, corporation, or company into the name of the hospital board.

(3) On and after the appointed day, every chose-in-action transferred by this section from the body corporate to the hospital board, may be sued upon, recovered, or enforced by the hospital board in its own name and it shall not be necessary for the hospital board to give notice to the person bound by such chose-in-action of the transfer effected by this section.

(4) Where any funds which are transferred to the hospital board by this section, were, immediately before the appointed day held in trust for the body corporate, otherwise than by the trustees of the body corporate the hospital board shall, notwithstanding anything contained in this section, but without prejudice to its right to demand and receive payment of the net income arising therefrom, not be entitled to require the trustees for the time being of such funds to transfer to it such funds.

(5) All moneys transferred to the hospital board by this section and all income arising from any funds to which the immediately preceding sub-section applies and all moneys arising out of the sale of any property transferred to the hospital board by this section and all income arising from such property shall be carried to the establishment expenses account.

53.—(1) Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the appointed day is owing and unpaid or has been incurred and is undischarged by the body corporate shall, on the appointed day, become and be the debt or liability of the hospital board and shall be paid or discharged by and may be recovered from or enforced against the hospital board accordingly.

(2) Any expenses incurred by the hospital board by virtue of this section shall, for the purposes of this Act, be deemed to be establishment expenses.

54.—Every bond, guarantee, or other security of a continuing nature made or given by the body corporate to any person, or by any person to the body corporate, and in force immediately before the appointed day, and every contract or agreement in writing made between the body corporate and another person and not fully executed and completed before the appointed day, shall, notwithstanding the dissolution of the body corporate and the existing committee continue in force on and after the appointed day, but shall be construed and have effect as if the name of the hospital board were substituted therein for the name of the body corporate, and such security, contract, or agreement shall be enforceable by or against the hospital board accordingly.

55.—In every action, suit, or proceeding which is pending on the appointed day in any court or tribunal and to which the body corporate is a party, the hospital board shall on the appointed day become and be a party in the place of the body corporate and such proceeding shall be continued between the hospital board and the other parties thereto accordingly and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of the body corporate or the existing committee.

56.—(1) Every person who on the day before the appointed day is a paid officer of the body corporate shall on the appointed day, and subject to the provisions of this section, be transferred to and become an officer of the hospital board.

(2) Every person transferred by this section shall, subject to the provisions of this section, perform in the employment of the hospital board duties analogous to those performed by him in the employment of the body corporate before his transfer.

(3) Every person transferred by this section shall not without his consent receive less remuneration or be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which he was subject in the employment of the body corporate.

(4) The hospital board may, with the approval of the Minister, redistribute or rearrange the duties to be performed by officers transferred to it by this section, and every such officer shall be bound to perform the duties allotted to him on any such redistribution or rearrangement, and no such redistribution or rearrangement shall be deemed to be a removal from or abolition of office for the purposes of Part IV of the Act of 1925, as amended by the Act of 1927, and as applied by this Act.

(5) The hospital board may, with the sanction of the Minister and shall when so directed by the Minister, abolish the office of any officer transferred to it by this section, and every officer whose office is so abolished shall, for the purposes of Part IV of the Act of 1925, as amended by the Act of 1927, and as applied by this Act, be deemed to have been removed from office by the hospital board for a cause other than misconduct or incapacity.

(6) For the purposes of Part IV of the Act of 1925, as amended by the Act of 1927, and as applied by this Act, an officer transferred by this section whose office is abolished under the immediately preceding sub-section shall, notwithstanding that he does not devote his whole time to the service of the hospital board, be deemed to be a pensionable officer of the hospital board.

(7) If any question arises under sub-section (3) of this section in relation to any person transferred by this section such question shall be referred to the Minister whose decision shall be final.

57.—Every contract of service expressed or implied which is in force immediately before the appointed day between the body corporate and any person not being an officer of the body corporate shall continue in force on and after the appointed day, but shall be construed and have effect as if the hospital board were substituted therein for the body corporate, and every such contract shall be enforceable by or against the hospital board accordingly.

PART V TRANSITORY PROVISIONS IN RELATION TO THE FEVER HOSPITAL SITUATE AT CORK STREET, DUBLIN, AND THE BENEAVIN CONVALESCENT HOME

58.—As on and from the appointed day the hospital board shall manage and control the existing hospital and the existing home and, subject to the provisions of this Act (including rules made under this Act), do all such things as may be necessary for that purpose.

59.—(1) At any time after the new fever hospital has been erected and established, the hospital board may with the consent of the Minister close the existing hospital or the existing home or both the existing hospital and the existing home.

(2) For the purpose of closing the existing hospital in pursuance of this section the hospital board may remove patients to the new fever hospital.

60.—The hospital board shall not, without the consent of the Minister, expend any moneys on the extension, enlargement, or improvement of the existing hospital or the existing home.