STATUTORY INSTRUMENTS.

S.I. No. 890 of 2004 .

ST JAMES'S HOSPITAL BOARD (ESTABLISHMENT) ORDER, 1971 (AMENDMENT) ORDER, 2004.

S.I. No. 890 of 2004 .

ST JAMES'S HOSPITAL BOARD (ESTABLISHMENT) ORDER, 1971 (AMENDMENT) ORDER, 2004.

The Minister for Health and Children, in exercise of the powers conferred on her by sections 3, 4, 5 and 6 of Section 22 of the Health (Amendment) (No. 3) Act, 1996 ( No. 32 of 1996 ) and adapted by the Health (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 308 of 1997 ) hereby orders as follows:--

1.  This Order may be cited as the St. James's Hospital Board (Establishment) Order, 1971 (Amendment) Order, 2004.

2.  In this Order--

“the Establishment Order” means the St. James's Hospital Board (Establishment) Order, 1971 ( S.I. No. 187 of 1971 );

“the Order of 1984” means the St James's Hospital Board (Establishment) Order 1971 (Amendment) Order 1984 ( S.I. No. 211 of 1984 );

“the Order of 1989” means the St James's Hospital Board (Establishment) Order 1971 (Amendment) Order 1989 ( S.I. No. 327 of 1989 );

“the Order of 1996” means the St James's Hospital Board (Establishment) Order 1971 (Amendment) Order 1996 ( S.I. No. 136 of 1996 );

“the Order of 1998” means the St James's Hospital Board (Establishment) Order 1971 (Amendment) Order 1998 ( S.I. No. 538 of 1998 );

“a Clinical Director” means a consultant medical doctor appointed by the Chief Executive Officer to manage a defined clinical unit of management at the hospital;

“the University of Dublin” means the University of Dublin, Trinity College;

“St. James's Hospital Foundation” means the St. James's Hospital Foundation Limited;

“Chief Executive Officer” means the Chief Executive Officer of St. James's Hospital.

3.  Article 2 of the Establishment Order (as amended by Article 2 of the Order of 1998) is hereby amended--

(a)  by the substitution for the definition of “Dublin Corporation” of the following:

“Dublin City Council” means the Local Authority for the City of Dublin as set out in Part 2 of the Local Government Act, 2001 .

4.  The Establishment Order is hereby amended by the substitution for Article 5 (as substituted by Article 3 of the Order of 1984, as amended by Article 3 of the Order of 1989, as amended by Article 3 of the Order of 1996 and as amended by Article 3 of the Order of 1998), of the following Article:--

“5.  (1) The Board shall consist of fifteen members who shall be appointed by the Minister.

(2) Five of the members shall be nominated by the Minister, one of whom shall be appointed by the Minister to be the Chairperson of the Board.

(3) Two of the members referred to in sub-article (2) shall be members of Dublin City Council and representative of the local electoral areas, obtaining from time to time, which correspond with the geographic area served by the hospital.

(4) The remaining members of the Board shall be appointed by the Minister as follows:--

(i)  two members, one of whom shall be a Clinical Director, shall be appointed from amongst the consultant medical staff of the Hospital, on the nomination of the Medical Board of the Hospital,

(ii) two members, one of whom shall be a member of the nursing staff of the hospital, shall be appointed on the nomination of the group of trade unions representing the non-medical staff of the hospital,

(iii) two members shall be appointed on the nomination of the University of Dublin,

(iv) one member shall be appointed on the nomination of the Board of Directors of the St James's Hospital Foundation,

(v) three members shall be appointed on the nomination of the Chairperson in consultation with the Chief Executive Officer.

(5) In the case of members nominated under sub-articles (4)(iii) and (4)(iv) of this Article, the University of Dublin and the Board of Directors of the St. James's Hospital Foundation shall consult with the Chairperson and Chief Executive Officer before making nominations to the Minister”.

EXPLANATORY NOTE

The effect of this Order is to restructure the St. James's Hospital Board providing for a Board of 15 members, five appointed directly by the Minister, one of whom shall be appointed to be the Chairman of the Board, and two, who shall be members of Dublin City Council, shall be representative of the local electoral areas, obtaining from time to time, which correspond with the geographic area served by the hospital.

The other ten members shall be appointed by the Minister as follows:--

two, one of whom shall be a Clinical Director, shall be appointed from amongst the consultant medical staff of the Hospital, on the nomination of the Medical Board of the Hospital.

two, one of whom shall be a member of the nursing staff of the hospital, shall be appointed on the nomination of the group of trade unions representing the non-medical staff of the hospital.

two shall be appointed on the nomination of the University of Dublin.

one shall be appointed on the nomination of the Board of Directors of the St James's Hospital Foundation.

three shall be appointed on the nomination of the Chairman in consultation with the Chief Executive Officer.