S.I. No. 133/1966 - The Cork Hospitals Board (Establishment) Order, 1966.

S.I. No. 133 of 1966.

THE CORK HOSPITALS BOARD (ESTABLISHMENT) ORDER, 1966.

The Minister for Health in exercise of the powers conferred on him by sections 3 to 6 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961) hereby orders as follows :—

1. This Order may be cited as the Cork Hospitals Board (Establishment) Order, 1966.

2. In this Order—

" the Act " means the Health (Corporate Bodies) Act, 1961 ;

" the Board " means The Cork Hospitals Board established by this Order ;

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

" the Minister " means the Minister for Health.

3. A body, to be known as Bord Ospidéal Chorcaí or, in the English language, The Cork Hospitals Board, is hereby established.

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

(a) to prepare and submit to the Minister for his approval a scheme for the provision, on a site designated by the Minister, of a general hospital for Cork Health Authority ;

(b) to prepare and submit to the Minister for Education for his approval a scheme for the provision, on a site designated by that Minister, of a dental hospital and school ;

(c) when the scheme for the general hospital has been approved by the Minister with amendments, if any, as may be directed by him and the scheme for the dental hospital and school has been approved by the Minister for Education, with amendments, if any, as may be directed by that Minister, to hold an architectural competition, in accordance withsuch directions as the Minister and the Minister for Education may give as to the terms of the competition and the arrangements for the holding thereof including the appointment and remuneration of the assessors who will adjudicate on the entries for the competition ;

(d) to submit observations to the Minister as regards the general hospital and to the Minister for Education as regards the dental hospital and school on the suitability of the design chosen by the assessors ;

(e) when the approval of the Minister has been obtained to a design for the general hospital and when the approval of the Minister for Education has been obtained to a design for the dental hospital and school to plan, build, equip and furnish the said general hospital and the said dental hospital and school in accordance with arrangements approved of by the Minister as regards the general hospital and by the Minister for Education as regards the dental hospital and school ;

(f) in discharge of its functions under paragraphs (a) and (e) of this article as regards the general hospital to comply with such directions as the Minister may give from time to time as to consultation with the Minister ;

(g) in discharge of its functions under paragraphs (b) and (e) of this article as regards the dental hospital and school, to comply with such directions as the Minister for Education may give from time to time as to consultation with that Minister ;

(h) in discharge of its functions under paragraphs (a) and (e) of this article as regards the general hospital, to enter into any arrangements or contracts with any corporations, companies, local authorities or persons in accordance with the approval of the Minister and subject to any directions as the Minister may give from time to time ;

(i) in discharge of its functions under paragraphs (b) and (e) of this article as regards the dental hospital and school, to enter into any arrangements or contracts with any corporations, companies, local authorities or persons in accordance with the approval of the Minister for Education and subject to any directions as that Minister may give from time to time ;

(j) with the consent of the Minister as regards the general hospital and the Minister for Education as regards the dental hospital and school, to acquire and dispose of land and borrow money and accept money and to accept donations and bequests and gifts of land and any other property upon such trusts and conditions, if any, as may be attached thereto, provided that such conditions are consistent with the functions of the Board.

5. (1) The Board shall consist of twenty-one members appointed by the Minister.

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

(a) nine members of Cork Health Authority on the nomination of the said Health Authority ;

(b) the Manager for Cork Health Authority ;

(c) a medical officer and an engineer employed by the Cork Health Authority on the nomination of the Manager for the said Health Authority ;

(d) the President of University College, Cork ;

(e) a member of the medical teaching staff of University College, Cork, on the nomination of the President of the said University ;

(f) a member of the dental teaching staff of University College, Cork, on the nomination of the President of the said University ;

(g) two persons nominated by the Minister for Education.

6. The Chairman shall be appointed by the Minister from among the elected members of the Cork Health Authority appointed under paragraph (a) of sub-article (2) of article 5 of this Order.

7. (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 8 of this Order.

8. (1) A member shall cease to be a member of the Board on his being requested by the Minister to resign.

(2) A member appointed under paragraph (a), (b) or (c) of sub-article (2) of article 5 of this Order shall cease to be a member on his ceasing to be a member or officer of the Cork Health Authority.

(3) A member appointed under paragraph (d), (e) or (f) of sub-article (2) of article 5 of this Order shall cease to be a member on his ceasing to be President or a member of the medical or dental teaching staff of University College, Cork.

9. The quorum of the Board shall be seven.

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

11. 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.

12. (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.

13. 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.

14. 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.

15. (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.

16. (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.

17. (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.

18. 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.

19. (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 period of twelve months ending on the 31st day of December and for the purposes of this Order the period commencing on the date of this Order and ending on the 31st day of December, 1966, shall be deemed to be a financial 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.

(4) The expenses 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.

20. The Board shall submit to the Minister as regards the general hospital and to the Minister for Education as regards the dental hospital and school such information regarding the performance of its functions as either such Minister may from time to time require.

21. (1) The Board may, subject to the approval of the Minister, appoint such and so many officers and employ such and so many servants as the Board may, from time to time, think proper and in appointing any officer or employing any servant the Board shall comply with any directions given by the Minister relating to the procedure to be followed in the making of appointments.

(2) The Board shall, subject to the approval of the Minister, determine the remuneration and conditions of service of each officer and each servant of the Board and may, subject to the approval of the Minister, from time to time, alter the remuneration or conditions of service of any officer or servant.

(3) 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.

(4) In exercise of its powers in relation to the establishment and maintenance of an administrative organisation the Board may enter into an arrangement with a local authority, with the approval of the Minister, for the provision of staffing services on its behalf.

22. The Board may in the discharge of its functions, with the approval of the Minister, acquire premises for use as offices or may enter into arrangements with a local authority for the use of premises.

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

GIVEN under the Official Seal of the Minister for Health this 15th day of June, 1966.

DONOGH O'MALLEY,

Minister for Health.

EXPLANATORY NOTE.

This Order establishes a Body for the purpose of making arrangements for planning, building and equipping a new General Hospital and a new Dental Hospital and School on adjoining sites at Wilton, Cork. Normally, the Body responsible for the planning, building and equipping of the General Hospital would be the Cork Health Authority, but it would not be empowered to erect a Dental Hospital and School for another body. It has been decided that the most efficient and economical approach to the planning problems involved would be to have the necessary arrangements made by a single body on which all the interests involved, viz. : the Cork Health Authority, the Authorities of University College, Cork, the Minister for Health and the Minister for Education, would be represented. The membership of the Body provides accordingly.

The approved capital cost of the new General Hospital will be met in full from the Hospitals Trust Fund. The cost of the Dental Hospital and School will fall to be met from Exchequer funds, apart from a contribution to be made from the Hospitals Trust Fund.