Health act, 1953

Enactment Date29 October 1953
Act Number26


Number 26 of 1953.


HEALTH ACT, 1953.


ARRANGEMENT OF SECTIONS

Part I.

PRELIMINARY AND GENERAL.

Section

1.

Short title and collective citation.

2.

Commencement.

3.

Principal Act and construction of that Act and this Act.

4.

General saver.

5.

Repeals.

Part II.

INSTITUTIONS.

6.

Extension of meaning of “institution”.

7.

District institutions and dispensaries.

8.

Conduct and management of health institution.

9.

Direction with respect to institutional services.

10.

Extern institutions.

11.

Transfer of officers on discontinuation of health institution.

12.

Religious Services.

13.

Exemption from local inquiry.

Part III.

HEALTH SERVICES.

14.

General medical services.

15.

Institutional and specialist services.

16.

Medical care for mothers.

17.

Infant welfare services.

18.

Child welfare services.

19.

School health examination and treatment service.

20.

Dental, ophthalmic and aural services, for children.

21.

Dental, ophthalmic and aural services, for middle income group.

22.

Regulations in relation to services.

23.

Maternity cash grants.

24.

Milk for mothers and children.

25.

Institutional services at choice of patient, etc.

26.

Institutional services for persons not entitled to services under section 15.

27.

Declaration as to means.

28.

Notification of change of circumstances.

29.

Determination of doubt as to responsible health authority.

30.

Charge where person not entitled obtains service.

31.

Recovery of charges.

32.

Affording of facilities for health examination of children at schools.

33.

False statements, etc.

Part IV.

MISCELLANEOUS AMENDMENTS OF PRINCIPAL ACT.

34.

Amendment of section 31 of Principal Act.

35.

Amendment of section 38 of Principal Act.

36.

Amendment of section 44 of Principal Act.

37.

Amendment of section 48 of Principal Act.

38.

Regulations under Part V of Principal Act.

39.

Amendment of section 65 of Principal Act.

40.

Amendment of section 66 of Principal Act.

41.

Amendment of section 98 of Principal Act.

42.

Amendment of section 103 of Principal Act.

43.

Amendment of section 104 of Principal Act.

44.

Prosecution of certain offences.

Part V.

MISCELLANEOUS.

45.

Joint action by health authorities.

46.

Balrothery and Rathdown Boards of Assistance.

47.

Arrangements between health authorities and other authorities.

48.

Consultative health committees.

49.

Agreement for provision of service.

50.

Rehabilitation and maintenance of disabled persons.

51.

Dispensary districts.

52.

District medical officers.

53.

Holders of certain offices under public assistance authorities.

54.

Shelter and maintenance in county home.

55.

Boarding out, etc., of children.

56.

Removal of child boarded out, etc.

57.

Local authority for purposes of Part I of Children Act, 1908.

58.

Regulations as to filling materials.

59.

Control of use, etc., of radio-active substances and irradiating apparatus.

60.

Prohibition or control of use of certain verminicides.

61.

Control of use of fumigants.

62.

Facilities for teaching of clinical medicine or conduct of medical research.

63.

Courses of instruction for medical officers.

64.

Schools for training of nurses.

65.

Assistance for certain bodies.

66.

Dispensary residences under Public Assistance Act, 1939.

67.

Apportionment of expenditure on central health service.

68.

Inspection of provisions and water for crew of Irish ships.

69.

Restriction of application of Public Assistance Act, 1939.

70.

Amendment of Tuberculosis (Establishment of Sanatoria) Act, 1945.

71.

Amendment of Mental Treatment Act, 1945.

72.

Amendment of Health Services (Financial Provisions) Act, 1947.

SCHEDULE.

Enactments Repealed.


Acts Referred to

Health Act, 1947

No. 28 of 1947

Public Assistance Act, 1939

No. 27 of 1939

Social Welfare Act, 1952

No. 11 of 1952

Illegitimate Children (Affiliation Orders) Act, 1930

No. 17 of 1930

Health Services (Financial Provisions) Act, 1947

No. 47 of 1947

Local Government Act, 1941

No. 23 of 1941

Adoption Act, 1952

No. 25 of 1952

Medical Practitioners Act, 1927

No. 25 of 1927

Local Authorities (Officers and Employees) Act, 1926

No. 39 of 1926

Mental Treatment Act, 1945

No. 19 of 1945

Merchant Shipping Act, 1947

No. 46 of 1947

Tuberculosis (Establishment of Sanatoria) Act, 1945

No. 4 of 1945


Number 26 of 1953.


HEALTH ACT, 1953.


AN ACT TO AMEND AND EXTEND THE HEALTH ACT, 1947 , AND CERTAIN OTHER ENACTMENTS. [29th October, 1953.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and collective citation.

1.—(1) This Act may be cited as the Health Act, 1953.

(2) The Principal Act and this Act may be cited together as the Health Acts, 1947 and 1953.

Commencement.

2.—Save as otherwise specifically provided thereby, this Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

Principal Act and construction of that Act and this Act.

3.—(1) In this Act “the Principal Act” means the Health Act, 1947 (No. 28 of 1947).

(2) The Principal Act and this Act shall be construed together as one Act.

(3) Without prejudice to the generality of subsection (2) of this section, a reference in the Principal Act to that Act shall, save where the context otherwise requires, be construed as including a reference to this Act.

General saver.

4.—(1) Nothing in this Act or any instrument thereunder shall be construed as imposing an obligation on any person to avail himself or any service provided under this Act or to submit himself or any person for whom he is responsible to health examination or treatment.

(2) Any person who avails himself of any service provided under this Act shall not be under any obligation to submit himself or any person for whom he is responsible to a health examination or treatment which is contrary to the teaching of his religion.

Repeals.

5.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.

PART II.

Institutions.

Extension of meaning of “institution.”

6.—The definition of “institution” contained in subsection (1) of section 2 of the Principal Act is hereby amended by the insertion of “county home, home for persons suffering from physical or mental disability,” before “maternity home”.

District institutions and dispensaries.

7.—(1) Every district institution or dispensary which, immediately before the commencement of this section, was maintained by the council of a county or corporation of a county borough as a public assistance authority shall, on and after such commencement, be deemed to have been provided by such council or corporation under section 10 of the Principal Act.

(2) Where section 10 of the Principal Act applies to a board of assistance or board of public assistance by virtue of an order under section 45 or section 46 of this Act commencing on the commencement of this section, every district institution or dispensary which, immediately before the commencement of this section, was maintained by such board shall, on and after such commencement, be deemed to have been provided by such board under section 10 of the Principal Act.

(3) Where a district institution or dispensary is in course of erection by a public assistance authority immediately before the commencement of this section, such institution or dispensary shall be completed in like manner as if this Act had not been passed and, when it is completed, subsection (1) or subsection (2) of this section (as may be appropriate) shall apply in relation thereto.

Conduct and management of health institution.

8.—(1) The Minister may make regulations, applicable to every health institution, every health institution of a particular class or a particular health institution, for the conduct and management of such institutions or institution.

(2) A health authority may, with the consent of the Minister, make rules for the conduct and management of a health institution maintained by them, for the regulation of persons admitted to the institution or attending there and for the regulation of admissions to the institution (including admissions on special terms as to payment and accommodation).

(3) Regulations made under section 34 of the Public Assistance Act, 1939 (No. 27 of 1939), and in force immediately before the commencement of this section shall be deemed to be regulations made under this section.

(4) Rules made or deemed to be made under section 18 of the Principal Act and in force immediately before the commencement of this section shall be deemed to be rules made under this section.

Direction with respect to institutional services.

9.—The Minister may, by order made in respect of a specified health institution, direct—

(a) that institutional services shall be given in the institution to persons of a class specified by reference to their condition of health, or

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