S.I. No. 443/2002 - The Leopardstown Park Hospital Board (Establishment) Order 1979,(Amendment) Order 2002

The Minister for Health and Children in exercise of the powers conferred on him by section 3 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961) (as adapted by the Health (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 308 of 1997 )), hereby orders as follows:

1. This Order may be cited as the Leopardstown Park Hospital Board (Establishment (Amendment) Order 2002.

2. Article 3 of the Leopardstown Park Hospital Board (Establishment) Order 1979 ( S.I. No 98 of 1979 ) is hereby amended by the substitution for the definition of “the Secretary of State”

of the following:

‘ “the Secretary of State” means the Secretary of State for Defence in the United Kingdom.’

Explanatory Note: Leopardstown Park Hospital

In 1917, a house and grounds at Leopardstown Park were given in trust for the care and treatment of officers and men disabled or invalided during service with the armed forces of the United Kingdom, or discharged from such service by disability or infirmity. The British Ministry of Pensions built a hospital there to provide such care.

Up to 1974, Trustees who were officials of the British Department of Health and Social Services managed the hospital. Because of the reduction in the number of war pensioners, an Act was passed in 1974, Leopardstown Park Hospital (Trust Deed Amendment) Act, which gave the Trustees the right to admit patients other than war pensioners.

In 1979 a memorandum of agreement was reached between the Department of Health (Ireland) and the Department of Health and Social Services (United Kingdom whereby the day today running of the Hospital was assigned to a Board of Management. Appointments to the Board of Management (which was set up under the “Leopardstown Park Hospital Board (Establishment) Order 1979) are made by the Minister of Health and Children and the Secretary of State U.K. (who nominates 2 of the 9 Board members). The Eastern Regional Health Authority under the auspices of the Department of Health and Children now runs this hospital where U.K. ex-servicemen and war-pensioners still retain priority right of admission.

The U.K. Department of Social Services advised of a ‘Transfer of Function Order’ which provides that certain of its functions have been transferred to the U.K. Ministry of Defence. As Article 3 of the Leopardstown Park Hospital Board (Establishment Order 1979) refers to the U.K. Department of Social Services as the nominating body it will be necessary to introduce a Statutory Instrument to amend the definition to read Secretary of State for Defence in the U.K.