S.I. No. 76/1988 - The Drug Treatment Centre Board (Establishment) Order, 1988.

S.I. No. 76 of 1988.

THE DRUG TREATMENT CENTRE BOARD (ESTABLISHMENT) ORDER, 1988.

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 Drug Treatment Centre Board (Establishment) Order, 1988.

2. A body to be known as the Drug Treatment Centre Board is hereby established.

3. In this Order:—

"the Board" means the Drug Treatment Centre Board established by this Order;

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

"Drug Treatment Centre" means the premises at Trinity Court, Pearse Street, Dublin 2, hereinafter called "the Centre".

"the Minister" means the Minister for Health.

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

( a ) to organise and administer at the Centre such outpatient drug treatment service as may from time to time to be approved by the Minister;

( b ) to organise and administer at the Centre a toxicology laboratory service including the processing of blood samples, liver function tests and urine analyses;

( c ) to refer patients who attend the Centre for appropriate in-patient treatment when necessary;

( d ) to provide an ante-natal and post-natal service for female drug abusers;

( e ) to liaise, co-operate and co-ordinate with other bodies in promoting the prevention of drug abuse;

( f ) to liaise, co-operate and co-ordinate with other bodies providing services for drug abusers;

( g ) to provide a counselling and advisory service for those who attend the Centre;

( h ) to organise and administer a counselling and advisory service for ex- patients of the Centre;

( i ) to make any necessary provision for publicity in relation to the Centre;

( j ) to make such charges as the Board thinks fit for the services provided and, where the Minister gives any direction in relation to such charges, to comply with such direction;

( k ) to furnish advice, information and assistance in relation to its services to the Minister.

(2) In the discharge of its functions, the Board shall have regard to such general aims and objectives as the Minister may, from time to time, determine and convey to the Board.

5. (1) The Board shall consist of six members appointed by the Minister,

( a ) three of whom shall be nominated by the managing Committee of Jervis Street Hospital, and

( b ) two of whom shall be nominated by the Eastern Health Board.

(2) One of the members appointed on the nomination of the managing Committee of Jervis Street shall be appointed by the Minister to be Chairman of the Board.

6. (1) The term of office of a member of the Board shall be for a period not exceeding five years.

(2) Each member shall hold office for the period of his appointment 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.

(3) Notwithstanding the provisions of sub-articles (1) and (2) of this article, a member shall continue to hold office pending his appointment by the Minister for a further term of office or until the Minister makes an appointment of a member of the Board in his place in accordance with the provisions of this Order.

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

8. The Chairman shall hold office until the expiration of his term of office as a member.

9. The quorum of the Board shall be three.

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.

13. At a meeting of the Board—

(1) The Chairman shall, if he is present, be chairman of the meeting.

(2) 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 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. 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 a majority of such members of the Board as are present and vote at a meeting of the Board.

(2) In the 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.

(3) A memorandum signed by all the members of the Board shall be effective for all purposes as a resolution of the Board passed at a meeting duly convened, held and constituted.

18. (1) In order to facilitate the discharge of the functions of the Board, the Board may establish committees.

(2) The membership of such committees may consist solely of members of the Board, or of members of the Board and persons who are not members of the Board, but such latter persons shall not constitute more than one-third of the membership of any such committee.

(3) The functions of such committees shall be to assist and advise the Board in relation to the performance of its functions.

19. 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.

20. The Board shall, not later than the 30th day of September in each year, submit to the Minister a statement of its estimated budgetary requirement in respect of the following financial year.

21. (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 assets 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 in any year and for the purposes of this provision the period commencing on the date of this Order and ending on the 31st December, 1988, 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 after consultation with the Board.

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

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

(6) The Board and the employees thereof shall, whenever so requested by the Minister, permit any person appointed by him to examine the books and accounts of the Board in respect of any financial year or other period and shall facilitate any such examination and the Board shall pay such fee therefor as may be fixed by the Minister.

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

(2) The Board shall submit to the Minister such information regarding the performance of its functions as the Minister may from time to time request.

23. (1) The Board may, with the consent of the Minister and the Minister for Finance, appoint such and so many employees as the Board may, from time to time think proper and in appointing any employees the Board shall comply with any directions given by the Minister relating to the procedure to be followed.

(2) Every employee of the Board holding office in a permanent capacity shall cease to hold his office on attaining the age of sixty five years.

(3) The Board shall, with the consent of the Minister, determine the remuneration and conditions of service of its employees.

(4) The Board shall, from time to time, assign such duties as it considers appropriate to each employee of the Board and each such employee shall perform the duties so assigned to him.

(5) The Minister may, whenever and so often as he thinks fit, declare that any of the powers 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 power may, in relation to any office or employment to which the declaration applies, be exercised only with such consent.

24. Schemes and Regulations made under the Local Government (Superannuation)Act, 1980 (No. 8 of 1980) shall apply to the Board as if it were a local authority.

25. (1) For the purpose of the performance of its functions, the Board may, with the consent of the Minister and the approval of the Minister for Finance, borrow money.

(2) The Board may, with the consent of the Minister, sell, exchange, let or other wise dispose of any land vested in it and, purchase or take on lease any land.

26. (1) The Board may accept gifts of money, land and other property upon such trusts and conditions, if any, as may be specified by the donor.

(2) The Board may not accept a gift if the conditions attached by the donor to its acceptance are not consistent with the functions of the Board.

GIVEN under the Official Seal of the Minister for Health this 22nd day of April, 1988.

RORY O'HANLON,

Minister for Health.

EXPLANATORY NOTE

The effect of this Order is to establish under the Health (Corporate Bodies) Act, 1961 , a body to be known as the Drug Treatment Centre Board (Establishment) Order, 1988 which will organise and administer an out-patient drug treatment service.