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S.I. No. 194/1991 - Royal Hospital, Donnybrook (Charter Amendment) Order, 1990.

S.I. No. 194 of 1991.

ROYAL HOSPITAL, DONNYBROOK (CHARTER AMENDMENT) ORDER, 1990.

WHEREAS the Governors and Guardians of the Hospital for Incurables near the City of Dublin was incorporated by Charter or Letters Patent (hereinafter referred to as "the Charter"), under the Great Seal of Ireland, bearing date the 7th day of January, 1800;

AND WHEREAS a Supplemental Charter or Letters Patent (hereinafter referred to as "the Supplemental Charter"), bearing the date the 13th day of April, 1886 relating to the said Hospital was granted under the Great Seal of Ireland;

AND WHEREAS the Supplemental Charter was amended by the Royal Hospital for Incurables, Dublin (Charter Amendment) Act, 1953 (No. 2 (Private) of 1953);

AND WHEREAS the name of the Hospital was amended by the Royal Hospital for Incurables, Dublin (Charter Amendment) Order, 1974 ( S.I. No. 244 of 1974 ) to the "Royal Hospital, Donnybrook";

AND WHEREAS the governing body of the Hospital have applied for amendment of the Charter and of the Supplemental Charter in the manner hereinafter appearing;

NOW THEREFORE, the Minister for Health in exercise of the power conferred on him by section 76 of the Health Act, 1970 (No. of 1970 ) after consultation with the Commissioners of Charitable Donations and Bequests for Ireland, hereby makes the following Order, a draft of which, pursuant to the said section 76, has been approved by a resolution by each house of the Oireachtas:—

1. This Order may be cited as the Royal Hospital, Donnybrook (Charter Amendment) Order 1990.

2. The Charter and the Supplemental Charter as amended by the Royal Licence dated 25th June, 1887 and by the Royal Hospital for Incurables, Dublin (Charter Amendment) Act 1953 (No. 2 (Private) of 1953) and by the Royal Hospital for Incurables, Dublin (Charter Amendment) Order 1974 ( S.I. No. 244 of 1974 ) shall be amended by the substitution as the name of the Hospital of "The Royal Hospital Donnybrook" for "the Royal Hospital, Donnybrook".

3. The Charter is hereby amended by the deletion of the words:—

"And we do hereby for us, our heirs and successors, further grant, order and ordain, that every person who shall subscribe and pay at one entire payment, any sum not less than TWENTY GUINEAS, to the use of said Hospital, shall, from the time of such payment and donation, be a Member of the said Corporation for life; and that every person who shall subscribe and pay any sum not less than FIVE GUINEAS, to the use of the said Hospital, shall for one year from the 1st day of January next ensuing such payment made, be a Member of the said Corporation; and it shall and may be lawful for the said Corporation, or any seven or more of them, duly convened by summons to be previously served six days, to elect by ballot such other discreet persons to be Members of the said Corporation, as to them may seem proper and useful to the said Charity. And further also, that it shall and may be lawful for the said Corporation, or any seven or more of them, duly convened by summons to be previously served six days, from time to time by a majority of voters without a ballot, to elect, choose and appoint a Treasurer, and such other Officer and Officers, Servant or Servants, as to them shall seem necessary for the better regulation of the said Hospital; and to appoint fit and proper Salary and Salaries to such person or persons as shall be so elected, not exceeding, in the whole, the annum sum of £50 Sterling. And further, that as often as it shall happen that any of the said persons so elected shall die, resign, or be removed, the said Governors and Guardians shall meet within fourteen days thereafter, at the said Hospital, and then and there, in manner aforesaid, elect a Successor or Successors to the person or persons who shall so die, resign, or be removed, as the case may be; and that if it shall happen that there shall be an equality of votes upon any such election, that the Chairman or President shall give a casting vote, beside his vote as a Member of the said Corporation".

and the substitution therefor of the words:—

"And further that any person may apply to the Board of Management of the Corporation to become a Governor of the Hospital and the Board of Management may at its discretion appoint such persons as a governor; and that the Board of Management of the Corporation may from time to time appoint persons to be governors of the Hospital; and that appointments of governors shall be for such periods as the Board of Management of the Corporation shall determine".

4. The amendment of the Charter effected under clause 3 of this Order shall not operate so as to terminate the appointment as a governor of the Hospital of any person who is a governor of the Hospital on the date of this Order.

5. The Supplemental Charter is hereby amended by the substitution for clauses 8,9,10,11 and 12 of the following clauses:—

"8. And the Corporation may, at their discretion, purchase, take, lease, exchange or otherwise acquire any real or personal property and rights or privileges as they deem fit.

9. And the Corporation may accept, hold, receive, retain any gifts of real or personal property given, demised or bequeathed by any person and to employ the same for the purposes or the benefit of the Corporation as they deem fit.

10. And the Corporation may at their discretion, invest from time to time any monies and funds of the Corporation requiring investment in any manner as they deem fit.

11. And the Corporation may, at their discretion, sell, manage, develop, exchange, lease, enfranchise, dispose of, turn to account or otherwise deal with all or any part of the property, undertaking, rights, or assets of the Corporation and for such consideration as the Corporation may deem fit.

12. And the Corporation may from time to time and at any time borrow money, and mortgage or charge all or any part of its property and assets of any kind without restriction as to the maximum amount of monies borrowed at any one time or otherwise howsoever".

GIVEN under the Official Seal of the Minister for Health this 15th day of July, 1991.

RORY O'HANLON,

Minister for Health.

EXPLANATORY NOTE.

The purpose of this Order is to amend the Charter and Supplemental Charter of the Royal Hospital, Donnybrook to make new provision for the appointment of Governors and also to bring up-to-date some clauses of the Charter which were regarded as outmoded.