Hospitals Federation and Amalgamation Act, 1961

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SECOND SCHEDULE.

Provisions Consequetial on Dissolutions.

Section 19.

Transfer of property.

1. (1) All property, whether real or personal (including choses-in-action) which immediately before the transfer day was vested in or belonged to or was held in trust for any appropriate body of any hospital or was held in trust for any of the purposes of any hospital and all rights, powers, and privileges relating to or connected with any such property shall, on the transfer day and without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become and be vested in or become and be the property of or be held in trust for (as the case may require) the Council for all the estate, term or interest for which the same immediately before the transfer day was vested in or belonged to or was held in trust for such appropriate body or was held in trust for the purposes of such hospital.

(2) All property transferred by this paragraph which, immediately before the transfer day, was standing in the books of any bank or is registered in the books of any bank, corporation, or company shall, upon the request of the Council made on or at any time after the transfer day, be transferred in such books by such bank, corporation, or company into the name of the Council.

(3) On or as soon as may be after the transfer day all trust funds and the investments for the time being representing the same which immediately before the transfer day were held by the Commissioners of Charitable Donations and Bequests in Ireland in trust for any appropriate body of any hospital or for any of the purposes of any hospital shall be transferred to the Council.

(4) On and after the transfer day, every chose-in-action transferred by this paragraph to the Council may be sued upon, recovered, or enforced by the Council in its own name, and it shall not be necessary for the Council to give notice to the person bound by such chose-in-action of the transfer effected by this paragraph.

(5) Where any property transferred to the Council by this paragraph was immediately before the transfer day held upon trust for the endowment of a bed or a medical prize or medical fund or upon other special trusts, such property shall, on and after the transfer day, be held by the Council upon such trusts as may be declared by the Council of and concerning the same, and the trusts so to be declared shall be such as, in the opinion of the Council, correspond as far as the circumstances allow to the trusts which immediately before the transfer day affected such property.

Transfer of liabilities.

2. (1) Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the transfer day was owing or unpaid or has been incurred and is undischarged by the appropriate body of any hospital shall, on the transfer day, become and be the debt or liability of the Council and shall be paid or discharged by and may be recovered from or enforced against the Council accordingly.

(2) In this paragraph “liability” includes any pension or allowance granted before the transfer day by any appropriate body of any hospital to a person who, having been employed as an officer, nurse or servant of such appropriate body, was not so employed immediately before the transfer day.

Preservation of continuing contracts.

3. Every bond, guarantee, or other security of a continuing nature made or given by any appropriate body of any hospital to any person, or by any person to such appropriate body, and in force immediately before the transfer day, and every contract or agreement in writing made between any appropriate body of any hospital and another person and not fully executed and completed before the transfer day, shall notwithstanding the dissolution of such appropriate body, continue in force on and after the transfer day, but shall be construed and have effect as if the name of the Council were substituted therein for the name of such appropriate body, and such security, contract or agreement shall be enforceable by or against the Council accordingly.

Continuance of pending legal proceedings.

4. In every action, suit, or proceeding which is pending on the transfer day in any court or tribunal and to which any appropriate body of any hospital is a party, the Council shall on the transfer day become and be a party in the place of such appropriate body and such proceeding shall be continued between the Council and the other parties thereto accordingly and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of such appropriate body.

Preservation of contracts of service.

5. Every contract of service expressed or implied which is in force immediately before the transfer day between any appropriate body of any hospital and any person being a salaried officer or employee of such appropriate body shall continue in force on and after the transfer day, but shall be construed and have effect as if the Council were substituted therein for such appropriate body, and every such contract shall be enforceable by or against the Council accordingly.

Provisions as regards salaried officers and salaried employees.

6. (1) The following provisions shall have effect in relation to any person who immediately before the transfer day is a salaried officer or salaried employee of any appropriate body of any hospital:

(a) such person shall not in the service of the Council receive less remuneration or be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which he was subject in the service of such appropriate body immediately before the transfer day,

(b) the Council may rearrange the duties to be performed by such person,

(c) where the Council terminates the services of such person on the ground that no suitable position is available for him under the Council, the Council shall pay to him such compensation (either by way of annuity for life or for a limited period or by way of gratuity) as the Council, having regard to all the circumstances of the case (including the nature of the employment, the length of service, the rate of remuneration and the prospects of such person in the position which he occupied under such appropriate body immediately before the transfer day), consider fair and reasonable.

(2) (a) Where a person is aggrieved by the failure or refusal of the Council to pay compensation under subparagraph (1) of this paragraph, he may appeal to the designated person against the failure or refusal.

(b) Where a person is aggrieved by the amount of any compensation (whether annuity or gratuity) paid by the Council under subparagraph (1) of this paragraph, or by the amount of any part of any such compensation, he may appeal to the designated person against the amount.

(c) An appeal under this subparagraph shall, in the case of an appeal against the failure of the Council to pay compensation, be brought within six months after the termination of the appellant's services and shall, in any other case, be brought within six months after the giving of the decision appealed from.

(d) The designated person shall, in deciding an appeal under this subparagraph, have regard to the annual allowance or gratuity which, in circumstances analogous to those of the appellant, might be granted to an officer or servant (as may be appropriate) under the law relating to the superannuation of officers and servants of local authorities.

(e) The decision of the designated person on an appeal under this section shall be final and, where the appeal is allowed (whether wholly or partly), the Council shall pay compensation or increased compensation accordingly.

(f) In this subparagraph “the designated person” means the person designated by the Minister for the purposes of hearing and deciding appeals under this subparagraph.