The Local Government (Temporary Provisions) Act, 1923.

MINISTRY OF LOCAL GOVERNMENT. 08/12/1923: COUNTY BOARDS OF HEALTH (TRANSFER OF OFFICERS) ORDER, 1923

[Extract from Iris Oifigiúil of December 14, 1923.]

No. 50,000—1923.

To every County Board of Health; and to all whom it may concern:—

WHEREAS it is provided amongst other things by Section 20 of the Local Government (Temporary Provisions) Act, 1923 (hereinafter referred to as the Act) that I, the Minister for Local Government, may by Order make rules for carrying the Act or the county schemes made thereunder into effect and for regulating any adjustment of rights, duties and liabilities required for the purposes of the Act:

And whereas it is provided by Article 20 of every County Scheme that a county board of health shall observe and carry into effect all orders and directions issued by me, the Minister for Local Government, with respect to the appointment and removal of officers and their duties and qualifications, and any prescribed matters and the expression " prescribed " means prescribed by me, the Minister for Local Government:

And whereas it is provided in effect by sub-section (1) of Section 7 of the Act that a county scheme may provide for the abolition of any board of guardians, county hospital committee, county infirmary committee or any other body existing in the county to which the County Scheme relates and exercising functions connected with the relief of the poor in that county in so far as it exercised functions within that county and for the transfer to a county board of health established under a county scheme of all the powers and duties in relation to the relief of the poor of any such board, committee or body so abolished :

And whereas I, the Minister for Local Government, deem it expedient for the purpose of carrying the Act into effect and the County Schemes made thereunder and for regulating the adjustment of certain rights, duties and liabilities required for the purposes of the Act, to make the following rules with respect to the transfer of the officers holding office at the time of abolition of a board of guardians, county hospital committee, county infirmary committee, or other body which has been or shall be abolished under a County Scheme:

Now, therefore, I, the Minister for Local Government, in pursuance of Section 20 of the Act and of Article 20 of every County Scheme, and in exercise of all powers in this behalf enabling me, do by this my Order, order, prescribe and direct as follows, that is to say:—

1. This Order may be cited as the County Boards of Health (Transfer of Officers) Order, 1923.

2. In this Order unless the context otherwise requires:—

(i) the expression " county board of health " means a county board of health established under a county scheme.

(ii) the expression " existing " means holding office at the time of abolition.

(iii) the expression " existing officers " means as regards officers of a County Hospital Committee or County Infirmary Committee, existing officers who have expressed their willingness to serve under a county board of health.

(iv) the word " county " includes a county borough.

(v) other expressions have the same meaning as in the Act.

3. This Order shall come into operation as from the date hereof.

4. (1) The existing officers, or such of them as I, the Minister for Local Government, shall approve or direct, of a board of guardians, county hospital committee, county infirmary committee, or other body abolished under a county scheme or any order made by me, the Minister for Local Government, amending a county scheme, shall:—

(a) if the functional area of such board, committee or body was wholly situate within the county to which the county scheme relates be transferred to and become officers of the county board of health established under such scheme.

(b) if the functional area of such board, committee or body extended into two or more counties, be transferred to and become officers of the county board of health established under the county scheme relating to the county within which such officers respectively performed their duties, or the institution in which they held office was situate.

(2) Any existing officer so transferred shall hold office under the county board of health to which he may be transferred at the same salary or remuneration and on the same terms and conditions as if he had continued to hold office under the board of guardians, county hospital committee, county infirmary committee or other body.

(3) A county board of health may with my approval, remove from office any existing officer so transferred or declare any office held by such existing officer to be abolished.

(4) A county board of health may with my approval, appoint any existing officer so transferred who possesses the necessary qualifications to any new office under the county scheme, to which they are authorised to make an appointment.

(5) The provisions of this Article shall in its application to the officers of a board of guardians other than officers of a dispensary district, county hospital committee, county infirmary committee or other body which has been abolished under a county scheme before the date of this Order have effect only with respect to such officers as I, the Minister for Local Government, shall direct or approve.

(6) The payment of any superannuation allowance or gratuity which shall be lawfully granted by a county board of health to any existing officer of a board of guardians transferred as aforesaid within a period of three months after such transfer shall be deemed to be a liability of the board of guardians and shall pass to and be defrayed by the council of the county to which the liabilities of the board of guardians are or shall be transferred under or in pursuance of the Act.

GIVEN under my Seal of Office, this Eighth day of December, in the Year of Our Lord, One Thousand Nine Hundred and Twenty-three.

(Signed) SÉAMUS DE BÚRCA,

Minister for Local Government.