S.I. No. 129/1963 - Dublin Dental Hospital (Establishment) Order, 1963.

S.I. No. 129 of 1963.

DUBLIN DENTAL HOSPITAL (ESTABLISHMENT) ORDER, 1963.

Whereas on the 7th day of June, 1963, the Minister for Health certified that the Incorporated Dental Hospital of Ireland is a company under the Companies Acts, 1908 to 1959, to which section 8 of the Health (Corporate Bodies) Act, 1961 , applies ;

And Whereas on the 16th day of July, 1963, the said Incorporated Dental Hospital of Ireland duly resolved that the said Company be wound up for the purposes of the said section 8 of the said Act ;

And Whereas by virtue of subsection (3) of the said section 8, the said Company is deemed to be a body established by an establishment order under the said Act and in pursuance of the said subsection the Minister for Health is required to make, in respect of the said body, an establishment order under the said Act ;

Now, Therefore, the Minister for Health in exercise of the powers conferred on him by section 3 to 6 of the Health (Corporate Bodies) Act, 1961 , hereby orders as follows :—

1. This Order may be cited as the Dublin Dental Hospital (Establishment) Order, 1963.

2. A body, to be known as the Dublin Dental Hospital Board, is hereby established.

3. In this Order—

" the Board " means the Dublin Dental Hospital Board established by this Order ;

" the Chairman " means the Chairman for the time being of the Board ;

" the Minister " means the Minister for Health.

4. The functions of the Board are as follows :—

(a) to take over the property (including choses-in-action), assets, rights and liabilities which immediately before the date of this Order, were vested in or belonged to or were held in trust for the Incorporated Dental Hospital of Ireland ;

(b) to conduct, maintain and manage a hospital for the affording of dental treatment and appliances to persons ;

(c) to co-operate with the authorities of University College, Dublin, Trinity College, Dublin, and the Royal College of Surgeons in Ireland in the teaching and training of students of dentistry and dental surgery ;

(d) to provide courses of study and training for post-graduate students of dentistry and dental surgery ;

(e) to teach and train dental auxiliaries and technicians ;

(f) in accordance with the approval of the Minister, to erect and equip a new dental hospital ;

(g) with the consent of the Minister to acquire and dispose of land and borrow money ;

(h) to accept gifts of money, land and other property upon such trusts, if any, as may be attached thereto.

5. (1) The Board shall consist of a Chairman and ten other members appointed by the Minister.

(2) Four of the members shall be appointed by the Minister as follows :—

(a) two on the nomination of University College, Dublin,

(b) one on the nomination of Trinity College, Dublin, and

(c) one on the nomination of the Royal College of Surgeons in Ireland.

6. (1) The first appointment of members shall be made as soon as may be on or after the date of this Order.

(2) Every member of the Board shall hold office (unless he sooner dies, resigns by letter addressed to the Minister or ceases to be a member in accordance with article 7 of this Order) until 31st day of December, 1964.

7. A member shall cease to be a member of the Board on his being requested by the Minister to resign.

8. The quorum of the Board shall be three.

9. The Board shall hold such and so many meetings as may be necessary for the performance of its functions.

10. The proceedings of the Board shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointment of the Board or any member thereof.

11. (1) The Chairman may, at any time, call a meeting of the Board.

(2) If the Chairman refuses to call a meeting of the Board after a requisition for that purpose, signed by three members of the Board has been presented to him, any three members of the Board may forthwith, on that refusal, call a meeting of the Board, and, if the Chairman (without so refusing) does not, within seven days after the presentation of the requisition, call a meeting of the Board, any three members of the Board may, on the expiration of these seven days, call a meeting of the Board.

12. At a meeting of the Board—

(a) the Chairman shall, if he is present, be chairman of the meeting ;

(b) if and so long as the Chairman is not present, the members of the Board who are present shall choose one of their number to be chairman of the meeting.

13. Minutes of the proceedings of each meeting of the Board shall be entered in a book kept for that purpose and shall be signed by the chairman of the meeting or of the next ensuing meeting.

14. (1) The names of the members present at a meeting of the Board shall be recorded in the minutes of the proceedings of the Board.

(2) The names of the members voting on any question arising at a meeting of the Board shall be recorded in the minutes of the proceedings of the meeting and the record shall show which members vote for and which against the question.

15. (1) A person shall not receive any remuneration for acting as a member of the Board.

(2) Members of the Board may be paid travelling and subsistence allowances in accordance with such scale as may from time to time be approved by the Minister.

16. (1) All acts of the Board and all questions coming or arising before the Board may be done and decided by the majority of such members of the Board as are present and vote at a meeting of the Board.

(2) In case of equality of votes on any question arising at a meeting of the Board, the chairman of the meeting shall have a second or casting vote.

17. The seal of the Board shall be authenticated by the signature of the Chairman or some other member of the Board duly authorised by the Board to act in that behalf and the signature of an officer of the Board duly authorised by the Board to act in that behalf.

18. (1) The Board shall cause to be kept proper accounts of all income and expenditure of the Board, and of the sources of such income and the subject matter of such expenditure, and of the property, credits and liabilities of the Board.

(2) The financial year of the Board shall be the calendar year, and for the purposes of this provision the period commencing on the date of this Order and ending on the 31st day of December, 1963, shall be deemed to be a calendar year.

(3) A statement of accounts of the Board for each financial year shall, as soon as may be after the end of such financial year, be prepared and after such preparation be audited by and be subject to a report by an auditor appointed for the purpose by the Minister after consultation with the Board.

(4) The expenses generally of such audit shall be paid by the Board as soon as may be after each audit.

(5) A copy of the accounts and the auditor's certificate and report thereon shall be presented to the members of the Board, to the Minister and to the Minister for Education.

19. (1) The Board shall, in each year, not later than such day as the Minister shall direct, make a report to the Minister and to the Minister for Education of its activities during the preceding year.

(2) The Board shall submit to the Minister or to the Minister for Education such information regarding the performance of its functions as either Minister may, from time to time, require.

20. (1) The Board may appoint such and so many officers and employ such and so many servants as the Board may, from time to time, think proper.

(2) Every officer of the Board shall cease to hold his office on attaining the age of sixty-five years.

(3) The preceding sub-article shall not apply to an officer of the Board who, immediately before the date of this Order, was in the employment of the Incorporated Dental Hospital of Ireland under a contract of service which would entitle him to continue in his said office after the age of sixty-five years.

(4) The Board shall determine the remuneration and conditions of service of each officer and each servant of the Board and may, from time to time, aletr the remuneration or conditions of service of any officer or servant.

(5) Every officer and every servant of the Board shall perform such duties as the Board may, from time to time, assign to such officer or servant.

(6) The Minister may, whenever and so often as he thinks fit, declare that any of the powers in relation to officers conferred on the Board by this article shall be exercisable only with the consent of the Minister, and whenever any such declaration is in force, the said powers may, in relation to the office to which the declaration applies, be exercised only with such consent.

21. Appointments to any senior teaching office under the Board shall be made on the recommendation of a selection board consisting of the Chairman of the Board, if willing to act, and if not so willing, a person nominated by the Minister, two persons nominated by the Board, and two persons, who shall be dentists, nominated by the Minister for Education.

22. A person who is for the time being in the employment of the Board shall be disqualified from being a member of the Board.

23. The Local Government (Superannuation) Act, 1956 (No. 10 of 1956) shall apply to the Board as if it were a local authority subject to the modification that " registrable officer " shall mean—

(a) in relation to an officer appointed by the Board after the date of this Order, a permanent officer who devotes the whole of his time to the service of the Board, and

(b) in relation to an officer of the Board who, immediately before the date of this Order, was in the employment of the Incorporated Dental Hospital of Ireland, a permanent officer—

(i) who devotes the whole of his time to the service of the Board, and

(ii) who, on or before the 31st day of December, 1963, applies to the Minister for Health for a declaration that he is a registrable officer of the Board for the purposes of the said Act, and

(iii) as respects whom the said Minister, being satisfied that provision for retirement benefits for him have not already been made by, or in respect of his service with, the Incorporated Dental Hospital of Ireland, makes such a declaration.

GIVEN under the Official Seal of the Minister for Health this Seventeenth day of July, 1963.

SEÁN MacENTEE,

Minister for Health.

The Minister for Local Government hereby consents to the application of the Local Government (Superannuation) Act, 1956 to the Dublin Dental Hospital Board subject to the modifications contained in Article 23 of the above Order.

Dated this Seventeenth day of July, 1963.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

The effect of this Order is to establish under the Health (Corporate Bodies) Act, 1961 , a body to be known as the Dublin Dental Hospital Board in succession to the Incorporated Dental Hospital of Ireland which, by resolution passed on 16th July, 1963, was wound up for the purposes of Section 8 of the said Act.