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Issse of medical stores to Hospitals.
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6.—(1) In this section the expression “medical stores” means articles which are—
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(a) drugs, or
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(b) surgical dressings, or
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(c) equipment for use in hospitals.
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(2) (a) The Minister may, after consultation with the Minister for Local Government and Public Health, from time to time issue to the governing body of any hospital any medical stores which he has at his disposal.
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(b) Where medical stores are issued to the governing body of a hospital under this subsection, such governing body shall accept such medical stores.
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(3) The following provisions shall have effect in relation to any medical stores issued (whether before, on, or after the 2nd day of September, 1946) by the Minister to the governing body of a hospital, that is to say—
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(a) such medical stores shall not be used except for such purposes and under such conditions as the Minister may from time to time direct,
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(b) such governing body shall be responsible for the safe custody of such medical stores and for their storage with due care, and, where instructions are given by the Minister with regard to the custody and storage of such medical stores, such governing body shall comply with the instructions,
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(c) such governing body shall, if so required by the Minister, return to the Minister such medical stores or any specified part thereof,
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(d) such governing body shall, at the request of any person authorised by the Minister, afford such person all facilities for inspecting such medical stores,
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(e) if such medical stores are lost or become damaged or defective such governing body shall report the fact without delay to the Minister together with details of the circumstances in which such loss, damage or defect occurred,
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(f) such governing body shall cause such medical stores to be inspected by a registered medical practitioner in their service, periodically and at such other times as the Minister may direct, with a view to ascertaining the quantity for the time being in their possession or whether such medical stores have become damaged or defective.
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(4) If, on or after the date of the passing of this Act, the governing body of any hospital fails to comply with any of the obligations imposed on it or to perform any of the functions assigned to it by or under this section, such governing body shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds and if the failure, in respect of which such governing authority was so convicted, continues after the conviction, such governing body shall be liable on summary conviction to a fine not exceeding ten pounds for each day on which the offence continues.
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(5) If, on or after the date of the passing of this Act, any officer or servant of the governing body of a hospital fails to comply with any of the obligations imposed on him, or to perform any of the functions assigned to him, by the governing body for the purposes of this section, such officer or servant shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
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(6) The provisions of this section shall have effect notwithstanding anything to the contrary which may be contained in any Act, order, bye-law or charter.
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(7) Where the governing body of a hospital incurs expenditure for the purpose of this section, such expenditure shall be recouped, out of moneys provided by the Oireachtas, to such extent as the Minister, with the consent of the Minister for Finance, may determine.
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