S.I. No. 122/1948 - Dublin Fever Hospital Act, 1936 (Adaptation) Order, 1948.

S.I. No. 122 of 1948.

DUBLIN FEVER HOSPITAL ACT, 1936 (ADAPTATION) ORDER, 1948.

WHEREAS by virtue of sub-section (2) of Section 38 of the Dublin Fever Hospital Act, 1936 (hereinafter referred to as " the Act ") as adapted by the Dublin Fever Hospital Act, 1936 (Adaptation) Order, 1943, the Dublin Fever Hospital Board (hereinafter referred to as " the Hospital Board ") is deemed to be a local authority within the meaning of Part IV of the Local Government Act, 1941 , and the said Part applies to the Hospital Board and its members accordingly:

AND WHEREAS the Act is an enactment in force at the commencement of the County Management Act, 1940 :

AND WHEREAS the Act assigns functions to the Dublin Board of Public Health and the said functions are now by Section 36 of the said County Management Act, 1940 , transferred to the Council of the County of Dublin :

AND WHEREAS by reason of the said transfer the Act relates to the Council of a County and is required by sub-section (1) of Section 37 of the said County Management Act, 1940 , to be construed and have effect with the substitution therein of the Council of the County of Dublin for the Dublin Board of Public Health :

AND WHEREAS for the purpose of enabling the said Part IV to have full force and effect in relation to the Hospital Board it appears to the Minister for Local Government necessary to make in the Act the adaptations and modifications hereinafter specified :

NOW THEREFORE the Minister for Local Government in exercise of the power conferred on him by sub-section (1) of Section 54 of the Local Government Act, 1941 , hereby orders as follows :—

1. The Act shall be adapted and modified by the insertion immediately before Section 13 of the following new section :—

"Term of office of members elected or appointed after removal of members from office.

12B. (1) The term of office of every member of the hospital board elected at a new election under Part IV of the Act of 1941 shall commence on the day next following the day appointed by the Minister for the holding of the said new election.

(2) The term of office of any member of the hospital board appointed by the Minister under sub-section (2A) of Section 13 shall commence on the day next following the day on which such member was appointed and every such member shall (unless he sooner dies, resigns or becomes disqualified) hold office until the day after the making of an order under Section 13 appointing persons to be appointed persons in the election year next after the year in which his term of office commenced.

(3) The term of office of every member appointed to the hospital board by the Council of the County of Dublin because of the holding of a new election under Part IV of the Act of 1941 shall commence on the day next following the date on which such member was appointed and every such member shall (unless he sooner dies, resigns or becomes disqualified) hold office until the day next following the next annual meeting of the County Council at which such Council is required by Section 11 to elect members of the hospital board.

(4) Every extraordinary member elected at a new election under Part IV of the Act of 1941 shall (unless he sooner dies, resigns or becomes disqualified) hold office until the day next following the day of the next meeting of the extraordinary members electorate at which the extraordinary members electorate is required by Section 12 to elect extraordinary members.

(5) Every city member elected at a new election under Part IV of the Act of 1941 shall (unless he sooner dies, resigns or becomes disqualified) hold office until the day next following the day of the next quarterly meeting of the city council at which the Corporation is required by Section 10 to elect city members.

(6) In this Section, the expression the Act of 1941 means the Local Government Act, 1941 ."

2. This Order may be cited as the Dublin Fever Hospital Act, 1936 (Adaptation) Order, 1948.

GIVEN under the Official Seal of the Minister for Local Government this third day of April, One Thousand Nine Hundred and Forty-eight.

(Signed) T. J. MURPHY,

Minister for Local Government.