S.I. No. 174/1960 - Public Bodies (Temporary Provisions) Order, 1960.

S.I. No. 174 of 1960.

PUBLIC BODIES (TEMPORARY PROVISIONS) ORDER, 1960.

The Minister for Local Government in exercise of the powers conferred on him by section 22 of the Local Government (Ireland) Act, 1902, sections 9 , 10 and 21 of the City and County Management (Amendment) Act, 1955 (No. 12 of 1955), subsection (9) of section 11 of the Health Authorities Act, 1960 (No. 9 of 1960) and sections 9 and 10 of the City and County Management (Amendment) Act, 1955 as substituted by section 13 of the Health Authorities Act, 1960 and the Second Schedule to that Act, hereby orders as follows:—

1. In this Order the expression "the Principal Order" means the Public Bodies Order, 1946 (S. R. and O. 1946. No. 273), as amended by the Public Bodies (Temporary Provisions) Order, 1947 (S. R. and O. 1947. No. 367), the Public Bodies (Temporary Provisions) Order, 1954 ( S.I. No. 232 of 1954 ) and the Public Bodies (Temporary Provisions) Order, 1955 ( S.I. No. 155 of 1955 ).

2.—(1) This Order, in so far as it relates to the estimating or demanding of the expenses of any local authority or to the making of any rate, shall come into operation on the 30th day of September, 1960.

(2) The abstract of accounts of a county council, a corporation, of a county borough and the corporation of the borough of Dúin Laoghaire for the local financial year ending on the 31st day of March, 1961, shall be prepared and certified in accordance with the provisions of the Principal Order.

(3) The abstract of accounts of a health authority established by the Health Authorities Act, 1960 and of a mental health board established under section 45 of the Health Act, 1953 (No. 26 of 1953) for the period ending on the 31st day of March, 1961 and for each subsequent local financial year shall be prepared and certified in accordance with the provisions of this Order.

3.—(1) The Mental Hospital Services Account in the abstract of accounts of a county council and a corporation of a county borough shall be closed an the 31st day of March, 1961 and the balance (if any) in favour or against the said account shall be transferred to the Health Services Account of such council or corporation and become part of the opening balance of such account on the 1st day of April, 1961.

(2) In the Urban Authorities Account in the abstract of accounts of a county council the balance (if any) shown in favour or against mental hospital services on the 31st day of March, 1961 shall be transferred to health services and become part of the opening balance in respect of such services on the 1st day of April, 1961.

4. Subject to the provisions of article 2 of this Order, this Order shall come into force on the 1st day of April, 1961, and shall continue in force until such time as the Minister otherwise orders.

5. As long as this Order is in force, the Principal Order shall have effect with the amendments specified in the Schedule hereto.

6.—(1) This Order may be cited as the Public Bodies (Temporary Provisions) Order, 1960 and shall be construed as one with the Principal Order.

(2) The Principal Order and this Order may be cited together as the Public Bodies Orders, 1946 to 1960.

SCHEDULE

PART I

AMENDMENTS OF THE PRINCIPAL ORDER

1.—(1) In article 2 of the Principal Order there shall be inserted the following definitions:

(a) the expression "the Act of 1953" means the Health Act, 1953 ;

(b) the expression "the Act of 1960" means the Health Authorities Act, 1960 ;

(c) the expression "the Order of 1955" means the Public Bodies (Temporary Provisions) Order, 1955;

(d) the expression "unified health authority" means a health authority established by the Act of 1960;

(e) the expression "provisional estimate of expenses" has the meaning assigned to it in the Second Schedule to the Act of 1960;

(f) the expression "provisional estimates meeting" has the meaning assigned to it in the Second Schedule to the Act of 1960;

(g) the expression "estimate of expenses" in reference to a unified health authority has the meaning assigned to it in the Second Schedule to the Act of 1960;

(h) the expression "estimates meeting" in reference to a unified health authority has the meaning assigned to it in the Second Schedule to the Act of 1960;

(i) the expression "general purposes" when used in relation to a unified health authority means the functions of the authority under the Blind Persons Act, 1920 or of a rating authority in supplying money on demand for such purposes to a unified health authority and includes every function of a unified health authority other than health services, mental health services and public assistance services;

(j) the expression "health authority" has the meaning assigned to it in the Health Act, 1947 (No. 28 of 1947) as amended by section 9 of the Act of 1960;

(k) the expression "secretary or clerk" means in relation to a unified health authority the secretary of the authority, and in relation to a mental health board the secretary or chief clerk of the board;

(2) In article 2 of the Principal Order, for the definitions of "health services," "mental hospital services," "public assistance services," and "joint mental hospital board" there shall be substituted the following:—

"health services" means the functions of a health authority in relation to the operation of services provided under, or in connection with the administration of the Health Acts, 1947 to 1958, the Notification of Births Acts, 1907 and 1915, the registration of Maternity Homes Act, 1934 , Part I of the Children Act, 1908, and sections 2 and 3 of the Children (Amendment) Act, 1957 , the Midwives Act, 1944 as amended by the Nurses Act, 1950 and section 60 of the Nurses Act, 1950 ; the State Lands (Workhouses) Act, 1930 ; sections 3 and 4 of the Housing (Amendment) Act, 1946 , the Rats and Mice (Destruction) Act, 1919, the Sale of Food and Drugs Acts, 1875 to 1936, and the making of any payment to a public general infirmary or supplying money on demand to a joint board established under section 45 of the Act of 1953 or the supplying of money by a rating authority on demand for such purposes to a unified health authority;

"mental health services" means the functions of a health authority in providing treatment, maintenance, advice and services for a person suffering from mental illness under the Mental Treatment Acts, 1945 to 1958 or supplying money on demand to a joint board established under section 45 of the Act of 1953 for the performance of functions under these Acts or the supplying of money by a rating authority on demand for such purposes to a unified health authority;

"public assistance services" means the functions of a public assistance authority under the Public Assistance Act, 1939 , the Public Assistance (Footwear Regulations) Order, 1944, the Births and Deaths Registration Acts, 1863 to 1952, the Acts relating to the registration of marriages and the Adoption Act, 1952 or the supplying of money by a rating authority on demand for such purposes to a unified health authority;

"mental health board" means a joint board established under section 46 of the Act of 1953 for the performance of functions under the Mental Treatment Acts, 1945 to 1958.

2.—(1) Forms E 4 and E 5 of the Principal Order shall be deleted and there shall be substituted therefor Forms E 4 and E 5 in Part II of the Schedule hereto.

(2) Form E7(a) in Part II of the Schedule hereto shall be inserted after Form E 7 in the Schedule to the Principal Order.

3. For articles 53 to 58 inclusive of the Order of 1955 the following article shall be substituted in relation to the estimates of expenses and demands of a unified health authority:—

53 D—(1) The prescribed period for the preparation of the provisional estimate of expenses of a unified health authority shall be the months of October and November in the preceding local financial year and the prescribed period for the holding of the provisional estimates meeting of such authority shall be the months of November and December in the preceding local financial year.

(2) The provisional estimate of expenses of a unified health authority shall be prepared as part of the provisional estimate of expenses and draft demands in Form E 5 in the Schedule to this Order.

(3) Where the provisional estimate of expenses of a unified health authority has been prepared by an estimates committee, the expression "Estimated by estimates committee" shall be substituted for the expression "Estimated by manager" in the prescribed form of the provisional estimate of expenses.

(4) The estimates committee, and in the event of the provisional estimate of expenses not having been prepared by an estimates committee, the manager, shall annex to the provisional estimate of expenses of the authority explanatory and comparative appendices which shall be prepared in accordance with the particular headings of the income and expenditure contained in the form of the abstract of accounts directed or approved by the Minister and so arranged as to constitute an integral part of the said provisional estimate of expenses.

(5) The prescribed public notice of the fact that the provisional estimate of expenses has been made by the authority shall be given in Form E 7(a) in the Schedule hereto by publication in one or more newspapers circulating in the functional area of the authority.

(6) At the provisional estimates meeting of the authority or at an adjournment thereof, the authority shall confirm the provisional estimate of expenses by passing the first of the resolutions referred to in the provisional certificate in Form E 5 in the Schedule hereto and shall prepare and, by passing the second of the resolutions referred to in the said provisional certificate, shall adopt in accordance with the provisional estimate of expenses as so confirmed the drafts of the demands in the said Form E 5 whereby the money to meet the expenses of such authority is to be obtained.

(7) Before the conclusion of the provisional estimates meeting of a unified health authority, the chairman shall sign and the secretary shall countersign the provisional certificate on the provisional estimate of expenses as confirmed and the drafts of such demands.

(8) A copy of the estimate of expenses and draft demand shall be prepared and completed by the authority for each of the rating authorities concerned.

(9) As soon as may be after the conclusion of the provisional estimates meeting of a unified health authority but not less than twenty-one days before the day on Which an estimates meeting of the authority is to be held, the manager shall send to each of the rating authorities concerned a copy of the estimate of expenses in the prescribed form together with the appropriate explanatory and comparative appendices annexed thereto, a copy of any separate report thereon under subsection (12) of section 9 of the Management Act as substituted by section 13 of the Act of 1960 and the Second Schedule thereto and copies of the drafts of the demands for obtaining the money to meet the expenses of the authority.

(10) The prescribed period for the holding of the estimates meeting of a unified health authority at which the estimate of expenses and the recommendations (if any) received from each of the rating authorities concerned for the amendment thereof shall be considered, shall be from the 1st day of January to the 8th day of February in the preceding local financial year.

(11) At the estimates meeting of a unified health authority, the authority shall adopt the estimate of expenses by passing the first of the resolutions referred to in the certificate in Form E 5 in the Schedule hereto and shall prepare and, by passing the second of the resolutions referred to in the said certificate shall adopt, in accordance with such estimate of expenses the demands whereby the money to meet the expenses of such authority in the local financial year next ensuing is to be obtained.

(12) Before the conclusion of the estimates meeting of a unified health authority, the chairman shall sign and the secretary shall countersign the certificate on the estimate of expenses and demand.

(13) Where the money to meet any of the expenses of a unified health authority is supplied by two or more of the rating authorities concerned, an estimate of expenses and demand shall be prepared and completed by the authority for each of the rating authorities concerned.

(14) As soon as may be after the conclusion of the estimates meeting of the authority the secretary shall transmit an estimate of expenses and demand to each of the rating authorities concerned by which the money to meet any of the expenses of the authority is supplied and shall also send to the Minister and the Minister for Health certified copies thereof.

4.—(1) The abstract of accounts of a mental health board shall be in Form A 4 of the Principal Order with the necessary modifications therein.

(2) The abstract of accounts of a unified health authority shall be in such form as the Minister shall direct or approve from time to time.

5. For the purposes of section 21 of the Act of 1940 the secretary of a unified health authority and the secretary or chief clerk of a mental health board shall be the nominated officers.

6. In Form E 1 in the Schedule to the Order of 1954:—

(a) the expression "Mental Hospital" in column 1 of Tables A, B and C and the entries in column 2 of Tables A and B opposite to the expression "Mental Hospital" shall be deleted;

(b) the expression "Mental health services" shall be inserted after the expression "Institutional services" in column 2 of Table A;

(c) the expression "Mental health services" shall be inserted after the expression "Institutional services" in column 2 of Table B, where the council of a county is a health authority;

(d) where the health services and mental health services are performed by a unified health authority, the entries (as amended) in column 2 of Table A opposite to the expression "Health" in column 1 shall be deleted and there shall be substituted therefor the entries "Money supplied for health services to....................................... (name of the authority)" and "Money supplied for mental health services to....................................... (name of the authority)" and the entries, (as amended) in column 2 of Table B opposite to the expression "Health" in column 1 shall be omitted.

7. The expression "Mental hospital services" or "Mental hospital" shall be deleted from the following forms and explanatory statements:—

(a) columns (1) and (2) of Table A and column (1) of Table C in Form E 2 in the Schedule to the Order of 1946;

(b) column 3 of the Table annexed to Form E 8 in the Schedule to the Order of 1946;

(c) the County Rate Account, the Urban Authorities Account, the Revenue Account—Summary of Receipts and Expenditure and the Statement of Balances at Close of Year in Form A 1. in the Schedule to the Order of 1954;

(d) the General Urban Purposes Account in Form A 2 in the Schedule to the Order of 1946.

8.—(1) In the Health Services Account of the abstract of accounts of a county council which is a health authority performing functions under the Mental Treatment Acts, 1945 to 1958 there shall be inserted after the expression "Assistance to extern bodies" on the expenditure side of the account the following entries:—

Mental health services.

Mental health institution.

Cost of conveyance of patients to mental health institution.

Fees to authorised medical officers.

Maintenance and treatment in extern mental institutions.

Retiring allowances and gratuities.

and on the receipts side of the account after the expression "Extern institutions" there shall be inserted the following entries.

Mental health services.

Contributions from patients.

Criminal lunatics.

Sales of farm and garden produce.

Sales of offal and old stores.

Other receipts: (To be specified)

..........................................................

..........................................................

Contributions to superannuation.

Deductions from salaries and wages.

(2) A separate statement showing the particulars of expenditure classified under the headings as prescribed in Form A 1 in the Schedule to the Order of 1954 in respect of each mental health institution shall be prepared and incorporated in the appropriate portion of the abstract of accounts of such county council.

9. Where the health services and mental health services are performed by a unified health authority the entries in the Health Services Account of the abstract of accounts of a county council or a corporation of a county borough shall be modified so as to provide for the omission from the receipts and expenditure of any references to such services and for the inclusion in the expenditure of the entries "Money supplied for health services to ............................................................ ............................. Health Authority." and "Money supplied for mental health services to ............................................................ .......... Health Authority."

10. Where the mental health services are performed by a board established under section 45 of the Act of 1953 the entries in the Health Services Account of the abstract of accounts of a county council shall be modified so as to provide for the omission from the receipts and expenditure of any references to such services and for the inclusion in the expenditure of the entry "Money supplied for mental health services to ........................................................ Mental Health Board."

11. In Part VII and in Form AS 5 of the Principal Order, the words patient or patients shall be substituted for the words inmate or inmates wherever such words occur therein.

12. Paragraph (e) of sub-article 2 of article 14, paragraph (a) of sub-article 1 of article 25 and articles 103 and 105 of the Order of 1946 and sub-paragraph (1) of paragraph 9 of Part I of the Schedule to the Order of 1955 are hereby revoked.

PART II.

FORM E 4

ESTIMATE OF EXPENSES AND DEMAND BY A MENTAL HEALTH BOARD.

TABLE B. (PART I.)

INCOME

TABLE B. (PART II).

INCOME

FORM E. 4. (continued)

TABLE C.

CALCULATION OF THE SUMS TO BE DEMANDED.

FORM E 4. (continued)

DEMAND

To the Council of the County of ............................................................ ..................................

The..............................................Mental Health Board hereby transmit

to the..........................................County Council the annexed estimate of expenses and calculation of the sum demanded for the financial year ending on the 31st day of March, 19...... The Board hereby demand that the sum of £.... .... ...being the proportion payable by the said Council shall be supplied by them to the Board.

Dated this...............................day of........................19......

Signed.....................................................

Chairman

Countersigned..................................................

Secretary or Chief Clerk.

CERTIFICATE

I hereby certify that at (an adjournment of) the estimates meeting of the..................................... ...Mental Health Board held this.....................day of.......................19...... the Board by resolution adopted the estimate of expenses set forth in Tables A and B and also by resolution adopted in accordance with the said estimate of expenses the sums set forth in column 9 of Table C to be the sums to be demanded for the local financial year ending on the 31st day of March, 19...... and adopted the above demand on the Council of the County of....................................

Dated this............................day of......................19......

Signed................................................

Chairman.

Countersigned.................................................

Secretary or Chief Clerk

NOTE

The net sum to be demanded will be the excess of the amount in column 4 over the amount in column 8.

FORM E 5.

(Provisional) Estimate of Expenses and (Draft) Demands by a Unified Health Authority.

(NOTE 1).

*Expenditure on services provided in institutions should not be included under this heading.

FORM E 5.—continued

TABLE B

INCOME

FORM E 5—continued

TABLE C

Calculation of the (Draft) Demands (NOTE 1)

FORM E 5—continued.

TABLE C

Calculation of the (Draft) Demands

(NOTE 1)

FORM E 5—continued

Draft Demand.

To the............................................................ ................................... (name of contributing local authority......

The ............................................. Health Authority hereby transmit to the............................................. (name of contributing local authority) .............................................the annexed estimate of expenses and draft demand showing the amounts necessary to meet the expenses and provide for the liabilities and requirements of the Authority and the calculation of the sums to be demanded for the local financial year ending on the 31st day of March 19...... The Authority hereby demand that the sum of £...............shall be supplied by the............................................. (name of contributing local authority) .... ...................................to the Authority in respect of the following services:—

Dated this......................day of.................................19......

Signed.............................................Chairman

Countersigned..........................................Secretary

FORM E 5—continued

PROVISIONAL CERTIFICATE.

I hereby certify that at (an adjournment of) the provisional estimates meeting of the..............................Health Authority held this........................day of........................19...... the Authority by resolution confirmed the provisional estimate of expenses set forth in Tables A and B and also by resolution adopted in accordance with the said provisional estimate of expenses as so confirmed draft demands of the sums shown in column 10 of Table C to meet the amounts for the local financial year ending on the 31st day of March, 19...... specified in such estimate of expenses.

Dated this........................ day of....................................19......

Signed.............................................Chairman

Countersigned.......................................... Secretary

FORM E 5—continued

DEMAND.

To the............................................................ .......................... (name of contributing local authority)............

The..........................................Health Authority hereby transmit to the ................................................ (name of contributing local authority) ..................................... .............the annexed estimate of expenses and calculation of the sums demanded and adopted by the Authority for the local financial year ending on the 31st day of March, 19...... The Authority hereby demand that the sum of £...............being the proportion payable by the said ................................................ (name of the contributing local authority)

................................................shall be supplied by them to the Authority in respect of the following services:—

Dated this..................day of.....................................19......

Signed............................................. Chairman

Countersigned....................................... Secretary

FORM E 5 (continued)

Certificate.

I hereby certify that at the estimates meeting of the .............................. Health Authority held this........................day of........................19...... the Authority, after considering the recommendations of the rating authorities concerned, by resolution adopted the estimate of expenses set forth in Tables A and B and also by resolution adopted in accordance with the said estimate of expenses the sums set forth in column 10 of Table C to be the sums demanded for the local financial year ending on the 31st day of March, 19...... from the....................................... (name of contributing local authority).

Dated this........................ day of....................................19 .. .

Signed:.............................................. Chairman.

Countersigned:......................................Secretary

NOTES.

Note 1. The words in brackets should be omitted if inappropriate.

Note 2. The total amounts in column 4 or column 5 as the case may require should be transferred to Table C and the estimated income and expenditure of the authority should be credited, charged, or apportioned in accordance with section 11 of the Act of 1960.

Note 3. The net amounts to be demanded will be the excess of the amounts in column 5 over the amounts in column 9.

FORM E 7(a)

NOTICE OF PROVISIONAL ESTIMATES OF EXPENSES

(Name of authority)............................................................ ............................................................ ..................................

Notice of Provisional Estimate of Expenses

Notice is hereby given that the provisional estimate of expenses of the (name of authority)............................................................ ............................for the local financial year ending on the 31st day of March, 19.. has been prepared and will be considered by the Authority at the provisional estimates meeting to be held on the..................day of........................19..

A copy of the provisional estimate of expenses has been deposited in the offices of the Authority at....................................and may be there inspected free of charge during the seven days before the provisional estimates meeting of the Authority is held by any member of the public at any time while the offices are open for the transaction of official business.

A copy of the provisional estimate of expenses will be supplied to every person making application therefor at the price of one shilling.

GIVEN under the Official Seal of the Minister for Local Government, this nineteenth day of August, One Thousand Nine Hundred and Sixty.

NEIL T. BLANEY

Minister for Local Government.

EXPLANATORY NOTE.

This order prescribes the periods for the preparation of the provisional estimate of expenses and the holding of the estimates meetings of a unified health authority established by the Health Authorities Act, 1960 ; the public notice to be given that the provisional estimate of expenses has been made; the forms of the estimate of expenses for a unified health authority and a mental health board and also makes minor amendments to the Public Bodies Orders 1946 and 1955 consequent on the coming into operation of that Act.