S.I. No. 187/1971:

ST. JAMES'S HOSPITAL BOARD (ESTABLISHMENT) ORDER, 1971.

ST. JAMES'S HOSPITAL BOARD (ESTABLISHMENT) ORDER, 1971.

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 St. James's Hospital Board (Establishment) Order, 1971.

2. A body to be known as Bord Ospidéal San Séam or, in the English Language, the St. James's Hospital Board, is hereby established.

3. In this Order--

"the Board" means the St. James's Hospital Board established by this Order ;

"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 :--

(1) to conduct, maintain, manage and develop at the hospital heretofore known as St. Kevin's Hospital, Dublin, such hospital services as may, from time to time, be approved by the Minister.

(2) to provide such facilities for the teaching of medical, nursing and para-medical students and for the conduct of medical research as may from time to time be determined by the Minister after consultation with the Board.

(3) to provide such other services and facilities, as may, from time to time, be approved by the Minister, after consultation with the Board.

5. The Board shall consist of twenty members appointed by the Minister as follows :--

(a) ten on the nomination of the Eastern Health Board, which may include officers of the said Health Board or of any hospital board to which the said Health Board is entitled to nominate or appoint members.

(b) ten on the nomination of the Central Council of the Federated Dublin Voluntary Hospitals.

6. The term of office of a member of the Board shall, unless he sooner dies, resigns, or ceases to be a member under article 8 of this Order, terminate

(a) in the case of a member nominated by the Eastern Health Board who, on appointment, was a member of the Eastern Health Board--on the day of the first meeting of the Eastern Health Board after an appointment of members made following a quinquennial election of the members of the local authorities appointing members of the said Health Board.

(b) in the case of a member nominated by the Central Council of the Federated Dublin Voluntary Hospitals who, on appointment, was a member of the said Central Council--on the day of the first meeting of the said Central Council after a triennial appointment of members to the said Central Council made in accordance with Section 7 of the Hospitals Federation and Amalgamation Act, 1961 (No. 21 of 1961).

(c) in the case of any other member of the Board, subject to sub-article (d) of this article,--at the end of five years in respect of the first members of the Board and, in respect of subsequent members of the Board--at the end of such period, not exceeding three years, as may be determined by the body nominating such members,

(d) in the case of a member who, on appointment, was an officer mentioned in article 5 (a) of this Order,--on his ceasing to hold such office during the period of his membership of the Board.

7. In the event of a casual vacancy arising through the death, resignation or cessation of membership under article 8 of this Order, of a member of the Board, the Minister shall fill the vacancy on the nomination of the appropriate nominating body and the person so appointed shall hold office as a member of the Board for the unexpired period of the term of office of the said member.

8. A member shall cease to be a member of the Board on his being requested by the Minister to resign, following a request to the Minister to exercise this function--

(a) from the body by whom the said member was nominated, or

(b) contained in a resolution passed by a majority of the Board of at least two-thirds of the members of the Board.

9. (1) The Board shall at its first meeting and at each annual meeting elect a chairman and vice-chairman.

(2) The chairman and vice-chairman shall be members of the Board who, on appointment, were members of the body by which they were nominated.

(3) The office of chairman shall be filled in alternate years by a member of the Board who was, on appointment, a member of the Eastern Health Board and by a member of the Board who was, on appointment, a member of the Central Council of the Federated Dublin Voluntary Hospitals.

(4) In a year in which the chairman is a member of the Board who, on appointment, was a member of the Eastern Health Board, the vice-chairman shall be a member of the Board who was, on appointment, a member of the Central Council of the Federated Dublin Voluntary Hospitals.

(5) In any year, in which the chairman is a member of the Board who, on appointment, was a member of the Central Council of the Federated Dublin Voluntary Hospitals, the vice-chairman shall be a member of the Board who was, on appointment, a member of the Eastern Health Board.

(6) A chairman or vice-chairman shall hold office until his successor is appointed unless he sooner dies, resigns, or ceases to be a member of the Board under article 8 of this Order.

(7) A casual vacancy occurring in the office of chairman or vice-chairman shall be filled by election by the Board from among the members of the Board who on appointment were members of the body by which the member causing the vacancy was nominated.

(8) Whenever, at the election of a chairman or vice-chairman of the Board, there is an equality of votes for two or more persons, it shall be determined by lot which of those persons shall be chairman or vice-chairman of the Board.

10. The quorum of the Board shall be seven.

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

(2) The Board shall have power to adopt standing orders governing the procedures to be followed at its meetings and the performance of its functions generally.

12. 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.

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

(2) If the Chairman refuses or fails to call a meeting of the Board after a requisition for that purpose, signed by six members of the Board has been presented to him, any six 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 six members of the Board may, on the expiration of these seven days, call a meeting of the Board.

14. At a meeting of the Board--

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

(b) if the Chairman is not present, the vice-chairman shall be chairman of the meeting.

(c) if neither the Chairman nor the vice-chairman is present the members of the Board who are present shall choose one of their number to be chairman of the meeting.

15. 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.

16. (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) Where a vote is taken on any question arising at a meeting of the Board, the minutes shall show which members voted for and which against the question.

17. (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.

18. (l) All acts of the Board and all 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 where a vote is considered necessary, by 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.

19. (1) The Board may appoint committees, which may include persons who are not members of the Board, to assist the Board in relation to aspects of its day-to-day business and to furnish advice on particular aspects of its functions.

(2) Any committee so appointed shall act subject to such directives as may be given by the Board, and any expenditure of monies by such committee shall be subject to the approval of the Board.

20. 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.

21. (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 the 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 31st March, 1972, shall be deemed to be a 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 purposes 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.

(6) The Board and the officers thereof shall, whenever so requested by the Minister, permit any person appointed by him to examine the books and accounts of the Board in respect of any financial year or other period and shall facilitate any such examination, and the Board shall pay such fee therefor as may be fixed by the Minister.

22. (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.

23. (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 office on attaining the age of sixty-five years.

(3) The Board shall determine the remuneration and condition of service of each officer and each servant.

(4) The Board shall, from time to time, assign such duties as they consider appropriate to each officer and servant of the Board and each such officer and servant shall perform the duties so assigned to him.

(5) 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.

24. The Local Government (Superannuation) Act, 1956 (No. 10 of 1956) shall apply to the Board as if it were a local authority.

25. (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 it.

26. (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 11th day of June, 1971.

ERSKINE H. CHILDERS,

Minister for Health.

EXPLANATORY NOTE.

The effect of this Order is to establish under the Health (Corporate Bodies), Act 1961, a body to be known as the St. James's Hospital Board, which will take over St. Kevin's Hospital, Dublin, and provide a general teaching hospital there.

The Report of the Consultative Council on the General Hospital Services (Prl. 154) which was presented to the Minister for Health in June, 1968, recommended that the work of the general hospitals in Dublin should be concentrated in four major hospital centres. One of the suggested centres was St. Kevin's Hospital owned by Dublin Health Authority. Following negotiations between that Authority and the Federated Dublin Voluntary Hospitals (the Meath, Adelaide, National Children's, Dr. Steeven's, Royal City of Dublin, Mercer's and Sir Patrick Dun's Hospitals) agreement was reached on the setting up on the body provided for in this Order. Through the joint participation in the body of representatives of the Federated Dublin Voluntary Hospitals and the Eastern Health Board it is intended to develop medical and surgical services and teaching facilities in St. Kevin's Hospital (which will be renamed St. James's Hospital) including services now provided in a number of the constituent hospitals of the Federation.