Health Authorities Act, 1960

JurisdictionIreland
CitationIR No. 9/1960
Year1960


Number 9 of 1960.


HEALTH AUTHORITIES ACT, 1960.


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Dublin Health Authority.

3.

Cork Health Authority.

4.

Limerick Health Authority.

5.

Waterford Health Authority.

6.

General provisions relating to authority.

7.

Performance of certain functions.

8.

Application of certain Acts.

9.

Amendment of meaning of “health authority” .

10.

Local committees.

11.

Expenses generally.

12.

Transitional provisions with respect to expenses.

13.

Estimate of expenses and estimates meeting.

14.

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

15.

Dissolutions and consequential provisions.

16.

Transfers of certain property.

17.

Transfer of certain officers and continuation of certain contracts of service.

18.

Chief Executive Officer of the Dublin Health Authority.

19.

Chief Medical Officer.

20.

Special provisions for certain appointments.

21.

Assignment and performance of duties under sanitary authorities.

22.

General duty under Part IV of Mental Treatment Act, 1945.

23.

Certain functions to be reserved functions.

24.

Miscellaneous amendments.

25.

County of Wicklow ceasing to be in functional area of Dublin Health Authority for provisions of mental treatment.

26.

Laying of regulations before Houses of Oireachtas.

27.

Adaptation of enactments.

28.

Expenses of the Minister.

29.

Repeals (Mental Treatment Act, 1945).

30.

Commencement.

31.

Short title.

FIRST SCHEDULE

Rules in relation to Membership and Meetings of Health Authorities established by this Act

SECOND SCHEDULE

Sections substituted for Sections 9 and 10 of City and County Management (Amendment) Act, 1955

THIRD SCHEDULE

Provisions consequential on the Dissolution of certain Boards

FOURTH SCHEDULE

Reserved Property


Acts Referred to

Public Assistance Act, 1939

1939, No. 27.

Children (Amendment) Act, 1957

1957, No. 28.

State Lands (Workhouses) Act, 1930

1930, No. 9.

Registration of Maternity Homes Act, 1934

1934, No. 14.

Midwives Act, 1944

1944, No. 10.

Nurses Act, 1950

1950, No. 27.

Housing (Amendment) Act, 1946

1946, No. 2.

Adoption Act, 1952

1952, No. 25.

Local Authorities (Combined Purchasing) Act, 1925

1925, No. 20.

Juries Act, 1927

1927, No. 23.

Local Authorities (Miscellaneous Provisions) Act, 1936

1936, No. 55.

Local Authorities (Combined Purchasing) Act, 1939

1939, No. 14.

Local Authorities (Officers and Employees) Act, 1926

1926, No. 39.

Local Authorities (Officers and Employees) (Amendment) Act, 1940

1940, No. 15.

Local Government Act, 1941

1941, No. 23.

County Management Act, 1940

1940, No. 12.

City and County Management (Amendment) Act, 1955

1955, No. 12.

City and County Management (Amendment) Act, 1955

1955, No. 13.

Health Services (Financial Provisions) Act, 1947

1947, No. 47.

Dublin Fever Hospital Act, 1936

1936, No. 21.

Local Government Act, 1946

1946, No. 24.

Health Act, 1947

1947, No. 28.

Mental Treatment Act, 1945

1945, No. 19.

Health Act, 1953

1953, No. 26.

Waterford Infirmary Act, 1896

1896, c. 37.

Local Government Act, 1898

1898, c. xxii.

Turberculosis (Establishment of Sanatoria) Act, 1945

1945, No. 4.

Health Authorities Act, 1960

1960, No. 4.

Meath Hospital Act, 1951

1951, No. 5.


Number 9 of 1960.


HEALTH AUTHORITIES ACT, 1960.


AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE DUBLIN HEALTH AUTHORITY, THE CORK HEALTH AUTHORITY, THE LIMERICK HEALTH AUTHORITY AND THE WATERFORD HEALTH AUTHORITY, TO PROVIDE, WITH RESPECT TO THE GENERAL DUTY TO PROVIDE TREATMENT, MAINTENANCE, ADVICE AND SERVICES WHICH IS IMPOSED ON MENTAL HOSPITAL AUTHORITIES BY PART IV OF THE MENTAL TREATMENT ACT, 1945 , FOR THAT DUTY BECOMING THE DUTY OF HEALTH AUTHORITIES, TO AMEND AND EXTEND CERTAIN ENACTMENTS AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID. [12th April, 1960.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Interpretation.

1.—(1) In this Act—

“the Cork Corporation” means the Lord Mayor, Aldermen and Burgesses of Cork;

“the Dublin Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

“the Dún Laoghaire Corporation” means the Corporation of Dún Laoghaire;

“functions” includes powers and duties;

“the Limerick Corporation” means the Mayor, Aldermen and Burgesses of Limerick;

“the Minister” means the Minister for Health;

“sanitary authority” has the same meaning as in the Local Government (Sanitary Services) Acts, 1878 to 1952;

“the Waterford Corporation” means the Mayor, Aldermen and Burgesses of Waterford.

(2) A reference in this Act to performance of functions includes, with respect to powers, a reference to exercise of powers.

(3) A reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

Dublin Health Authority.

2.—(1) There is hereby established a body which shall be known as the Dublin Health Authority.

(2) The Dublin Health Authority shall consist of nine members appointed by the council of the county of Dublin, fifteen members appointed by Dublin Corporation and three members appointed by the Dún Laoghaire Corporation.

(3) The Minister may by regulations substitute different numbers for all or any of the numbers specified in subsection (2) of this section and, while any such regulations are in force, that subsection shall have effect accordingly.

(4) The functional area of the Dublin Health Authority shall consist of the county borough of Dublin and the administrative county of Dublin, together with, with respect to functions related to the operation of services under the Mental Treatment Acts, 1945 to 1958, the administrative county of Wicklow.

(5) (a) Three members of the council of the county of Wicklow shall be appointed by resolution by that council for the purposes of this subsection.

(b) The persons appointed pursuant to this subsection shall be entitled to be present at meetings of the Dublin Health Authority and, as respects business at any such meeting relating to the Mental Treatment Acts, 1945 to 1958, to take part in discussions and to vote in like manner as if they were members of the Dublin Health Authority.

(c) The following provisions shall have effect for the purpose of this subsection:

(i) the appointment of persons shall be carried out, in the case of the first appointment, at the meeting of the council of the county of Wicklow held next after the establishment of the Dublin Health Authority, and thereafter at the annual meeting of the council held next after every quinquennial election of members of the council;

(ii) every person appointed shall hold office as a person appointed for the purposes of this subsection (unless he sooner dies, resigns or becomes disqualified) until the day after his successor has been appointed;

(iii) where a person appointed ceases to be, or is disqualified for being, a member of the council, he shall also cease to be, or be disqualified for being, appointed for the purposes of this subsection;

(iv) a person appointed may resign by giving notice in writing signed by him to the secretary of the council, but the resignation shall not become effective until the meeting of the council held next after the receipt of the notice given to the secretary;

(v) a casual vacancy occurring among the persons appointed shall be filled by the council within one month after the occurrence of the vacancy or within such further time as the Minister may allow.

(6) (a) Subsection (5) of this section shall cease to have effect on its being so provided by order made by the Minister.

(b) An order under this subsection shall not be made save upon request made by the council of the county of Wicklow by resolution.

(7) Where it is proposed to make regulations under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

Cork Health Authority.

3.—(1) There is hereby established a body which shall be known as the Cork Health Authority.

(2) The Cork Health Authority shall consist of twenty-eight members appointed by the council of the county of Cork and twelve members appointed by the Cork Corporation.

(3) The Minister may by regulations substitute a different number for either of the numbers specified in subsection (2) of this section, or substitute different numbers for both of those numbers, and, while any such regulations are in force, that subsection shall have effect accordingly.

(4) The functional area of the Cork Health Authority shall consist of the county borough of Cork and the administrative county of Cork.

(5) Where it is proposed to make regulations under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

Limerick Health Authority.

4.—(1) There is hereby established a body which shall be known as the Limerick Health Authority.

(2) The Limerick Health Authority shall consist of fifteen members appointed by the council of the county of Limerick and eight members appointed by the Limerick Corporation.

(3) The...

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