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S.I. No. 162/1954 - Dublin Public Assistance Authorities (Health Functions) Order, 1954.

S.I. No. 162 of 1954.

DUBLIN PUBLIC ASSISTANCE AUTHORITIES (HEALTH FUNCTIONS) ORDER, 1954.

The Minister for Health, in exercise of the powers conferred on him by sections 45 and 46 of the Health Act, 1953 (No. 26 of 1953), and, as respects the application of the provisions of section 103 of the Health Act, 1947 (No. 28 of 1947), with the consent of the Minister for Local Government, hereby orders as follows :—

1. This Order may be cited as the Dublin Public Assistance Authorities (Health Functions) Order, 1954.

2. In this Order—

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

" specified institutional services " means institutional services given—

(a) in an institution maintained by a board of assistance,

(b) in an extern institution to which section 10 of the Health Act, 1953 , relates, being a special institution for the the maintenance, treatment and training of persons suffering from epilepsy, mental deficiency, cerebral palsy or similar ailments or defects, or for the maintenance and training of persons who are dear or dumb,

(c) at the request of a board of assistance, in an extern institution to which Section 10 of the Health Act, 1953 , relates, to a person who immediately before admission to such extern institution was receiving institutional services in a hospital or home maintained by the board.

" specified specialist services " means specialist services provided by a board of assistance through their officers in pursuance of arrangements made under subsection (3) of section 47 of the Health Act, 1953 , between the board and the Corporation of Dublin or the Council of the County of Dublin.

3. This Order shall come into operation on the 1st day of August, 1954.

4. (1)— The Corporation of Dublin and the Council of the County of Dublin are hereby authorised to act jointly, in respect of the Dublin Public Assistance District, in the performance of their functions under the provisions of the Health Act, 1953 , mentioned in the First Schedule to this Order and such joint action shall be carried out by the Dublin Board of Assistance.

(2) The Balrothery Board of Assistance are hereby authorised to perform, in respect of the Balrothery Public Assistance District, the functions of the Council of the County of Dublin under the provisions of the Health Act, 1953 , mentioned in the First Schedule to this Order.

(3) The Rathdown Board of Assistance are hereby authorised to perform, in respect of the Rathdown Public Assistance District, the functions of the Council of the County of Dublin under the provisions of the Health Act, 1953 , mentioned in the First Schedule to this Order.

5.—(1) The money required to meet the expenses of the Dublin Board of Assistance in performing functions in accordance with the provisions of this Order shall, at such times as shall be agreed upon between the Board and the health authorities, or in default of agreement, as may be determined by the Minister, be supplied to the Board by the Corporation of Dublin and the Council of the County of Dublin rateably in proportion to the totals of the valuations appearing in the valuation lists for the time being in force under the Valuation Acts of the rateable property in the respective portions of such public assistance district situate in Dublin county borough and Dublin county respectively.

(2) The money required to meet the expenses of the Balrothery Board of Assistance and of the Rathdown Board of Assistance in performing functions in accordance with the provisions of this Order shall be supplied by the Council of the County of Dublin.

6. For the purpose of their performance of functions by a board of assistance under the provisions of the Health Act, 1953 , mentioned in the First Schedule to this Order, the enactments mentioned in the Second Schedule to this Order shall apply in relation to the board and, in such application, any reference therein to a health authority shall be construed as a reference to the board.

FIRST SCHEDULE

PROVISIONS OF HEALTH ACT, 1953 (AS AMENDED BY THE HEALTH ACT, 1954 ) UNDER WHICH FUNCTIONS ARE TO BE PERFORMED BY BOARDS OF ASSISTANCE.

Section 14.

Section 15.

(in so far as it relates to the making available of specified institutional services and specified specialist services for (a) persons who are unable to provide by their own industry or other lawful means such institutional services necessary for themselves or their dependants, and for dependants of such persons and (b) persons insured under the Social Welfare Act, 1952 (No. 11 of 1952) who, if on the 31st day of July, 1954, but by reference to their current circumstances for the purpose of insurance, they had duly claimed the hospital and convalescent home benefits which, on the said 31st day of July, stood prescribed under Section 25 of that Act, would have been entitled to grant of their claim.)

Sections 16 and 17.

(in so far as they relate to the making available of specified institutional services and specified specialist services for women (being women specified in subsection (2) of section 16) and their children who are themselves unable or who are dependants of persons who are unable to provide by their own industry or other lawful means such services).

Section 26.

Section 54.

Section 55.

Section 56.

SECOND SCHEDULE.

ENACTMENTS APPLIED TO BOARDS OF ASSISTANCE.

1. Section 2 (as amended by section 6 of the Health Act, 1953 ), Sections 10 and 11 (as amended by section 13 of the Health Act, 1953 ), Part VIII, section 99, section 102, section 103 (as amended by section 42 of the Health Act, 1953 ), Section 104 (as amended by section 43 of the Health Act, 1953 ), section 105 and section 108 of the Health Act, 1947 (No. 28 of 1947).

2. Sections 8 to 11, section 12, section 14, section 15 (as amended by the Health Act, 1954 (No. 23 of 1954)), sections 16 and 17, section 22 (as amended by the Health Act, 1954 ), sections 26 to 31, Section 44 (in so far as it relates to the prosecution of offences under Part VIII of the Health Act, 1947 ), section 47, section 49, section 51, sections 54 to 57 and sections 62 to 65 of the Health Act, 1953 .

3. The General Institutional and Specialist Services Regulations, 1954 ( S.I. No. 100 of 1954 ) (as amended by the General Institutional and Specialist Services (Temporary) Regulations, 1954).

4. The Boarding Out of Children Regulations, 1954 ( S.I. No. 101 of 1954 ).

5. The General Medical Services Regulations, 1954 ( S.I. No. 102 of 1954 ) (as amended by the General Medical Services (Amendment) Regulations, 1954) with the modification that " the functional area of the board of assistance " shall be substituted for " county or county borough " in Article 9.

6. The Institutional Assistance Regulations, 1954 ( S.I. No. 103 of 1954 ).

GIVEN under the Official Seal of the Minister for Health this thirty-first day of July, One Thousand Nine Hundred and Fifty-four.

THOMAS F. O'HIGGINS,

Minister for Health.