S.I. No. 19/1991 - The National Cancer Registry Board (Establishment) Order, 1991.

S.I. No. 19 of 1991.

THE NATIONAL CANCER REGISTRY BOARD (ESTABLISHMENT) ORDER, 1991.

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 National Cancer Registry Board (Establishment) Order, 1991.

2. A body to be known as the National Cancer Registry Board is hereby established.

3. In this Order:

"the Board" means the National Cancer Registry 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 identify, collect, classify, record, store and analyse information relating to the incidence and prevalence of cancer and related tumours in Ireland;

( b ) to collect, classify, record and store information in relation to each newly diagnosed individual cancer patient and in relation to each tumour which occurs;

( c ) to promote and facilitate the use of the data thus collected in approved research projects and in the planning and management of services;

( d ) to publish an annual report based on the activities of the Registry;

( e ) to furnish advice, information and assistance in relation to any aspect of such service to the Minister.

5. (1) The Board shall consist of not more than nine members appointed by the Minister of which:—

(i) One member shall be appointed on the nomination of the Irish Cancer Society;

(ii) One member shall be appointed on the nomination of the President of University College, Cork;

(iii) One member shall be appointed on the nomination of the Royal College of Surgeons in Ireland;

(iv) One member shall be appointed on the nomination of the Royal College of Physicians of Ireland;

(v) One member shall be appointed on the nomination of the Faculty of Pathology at the Royal College of Physicians of Ireland;

(vi) One member shall be appointed on the nomination of the Irish College of General Practitioners.

(2) The Minister shall appoint from amongst the members of the Board a Chairman who shall hold office until he ceases to be a member of the Board or until the Minister appoints another person to be Chairman.

6. The term of office of a member of the Board shall be such period not exceeding five years as may be specified by the Minister when appointing him and he shall hold office for the period for which he is appointed unless he sooner dies, resigns or ceases to be a member in accordance with article 8 of this Order.

7. In the event of a casual vacancy arising through the death, resignation or cessation of membership under article 8 of this Order of a member of the Board, the vacancy may be filled by appointment by the Minister and the person so appointed shall hold office as a member of the Board for the unexpired period of the term of office of the said member.

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

9. The quorum of the Board shall be four.

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, upon giving not less than four days notice call a meeting of the Board.

(2) If the Chairman fails, neglects or 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, such meeting not to be held until subsequent to the expiry of this period of four days commencing on the day of such refusal.

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

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, with the consent of the Minister for Finance.

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 whose function shall be to assist and advise the Board in relation to the performance of its functions.

(2) The membership of such committees may consist of members of the Board and persons who are not members of the Board.

(3) Any committee so appointed shall act subject to such directives as may be given by the Board, and any expenditure of monies by such committee shall be subject to the approval of the Board.

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. (1) 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.

(2) The Minister may pay to the Board, in each year out of monies provided by the Oireachtas, a grant, or grants, of such amount or amounts as the Minister with the consent of the Minister for Finance may fix.

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, 1991, shall be deemed to be a financial year.

(3) A statement of accounts of the Board for each financial year shall 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 with the consent of the Minister for Finance 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 within six months of the ending of the financial year to which they refer.

(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 proceeding 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 approval of the Minister for Finance appoint, on a contract basis, such and so many employees as the Board may, from time to time think proper and in appointing any such employees the Board shall comply with any directions given by the Minister relating to the procedure to be followed.

(2) The Board shall, with the consent of the Minister and the approval of the Minister for Finance, determine the remuneration and conditions of service of its employees.

(3) 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.

(4) 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 powers may, in relation to any office or employment to which the declaration applies, be exercised only with such consent.

24. For the purpose of the performance of its functions, the Board with the approval of the Minister and the consent of the Minister for Finance, may:—

(1) borrow money;

(2) sell, exchange, let or otherwise dispose of any land vested in it and, purchase or take on lease any land.

25. Subject to the approval of the Minister and the consent of the Minister for Finance:—

(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 4th day of February, 1991.

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 National Cancer Registry Board which will, inter alia, collect and classify information on all cancer cases which occur in Ireland.