County Management Act, 1940

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THIRD SCHEDULE.

Provisions Consequential on the Dissolution of Boards of Health.

Definition.

1.—In this Schedule the expression “the board” means the board of health for a county health district and, in the case of a board of health which, immediately before the commencement of this Act, stands dissolved by virtue of an order made under section 72 of the Local Government Act, 1925 (No. 5 of 1925), includes a person, persons, or body appointed by any order of the Minister under the said section 72 to exercise the powers and perform the functions and duties of such board of health, and the expression “the council” means the council of the county in which such county health district is situate.

Transfer of property of the board.

2.—(1) All property, whether real or personal (including choses-in-action), which immediately before the commencement of this Act is vested in or belongs to or is held in trust for the board and all rights, powers and privileges relating to or connected with any such property shall on such commencement, without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become and be vested in or the property of or held in trust for (as the case may require) the council for all the estate, term, or interest for which the same immediately before such commencement was vested in or belonged to or was held in trust for the board, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

(2) All property transferred by this paragraph which, immediately before the commencement of this Act, is standing in the books of any bank or is registered in the books of any bank, corporation, or company in the name of the board shall, upon the request of the council made at any time after such commencement, be transferred in such books by such bank, corporation, or company into the name of the council.

(3) After the commencement of this Act, every chose-in-action transferred by this paragraph from the board to the council may be sued upon, recovered, or enforced by the council in its own name and it shall not be necessary for the council to give notice to the person bound by such chose-in-action of the transfer effected by this paragraph.

Transfer of liabilities of the board.

3.—(1) Every debt and other liability (including stock and mortgage debts and also including unliquidated liabilities arising from torts or breaches of contract) which immediately before the commencement of this Act is owing and unpaid or has been incurred and is undischarged by the board shall, on such commencement, become and be the debt or liability of the council and shall be paid or discharged by and may be recovered from or enforced against the council accordingly.

(2) The abolition of the board shall not invalidate or affect any paying order which may have been issued by the board and not presented for payment before the commencement of this Act or any authority given by the board for the payment of the amount of such paying order, and the council shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after such commencement.

Transfer of special powers to the council.

4.—Every power, right, privilege, and authority conferred on or vested in the board, either alone or jointly with another body, by or under any statute or by contract, agreement, or licence (not being a power, right, privilege, or authority arising under general statutory or other law by reason merely of the board being a corporate body or a sanitary authority) and in existence immediately before the commencement of this Act shall, on such commencement, become and be transferred to and vested in the council and shall thenceforth be exercisable by the council accordingly, either alone or jointly as the case may require.

Preservation of continuing contracts.

5.—Every bond, guarantee, or other security of a continuing character made or given by the board to another person or by any person to the board and in force immediately before the commencement of this Act and every contract or agreement in writing made between the board and another person and not fully executed and completed before such commencement shall, notwithstanding the dissolution of the board, continue in force after such commencement but shall be construed and have effect as if the name of the council were substituted therein for the name of the board, and such security, contract or agreement shall be enforceable by or against the council accordingly.

Continuance of bye-laws etc.

6.—Every bye-law, rule and regulation lawfully made by the board and in force immediately before the commencement of this Act shall, after such commencement and so far as it is not inconsistent with this Act, continue in force and have effect as a bye-law, rule or regulation (as the case may be) made on such commencement by the council for the residue then unexpired of the period and in respect of the area for and in respect of which the same was actually made by the board, and accordingly every such bye-law, rule and regulation may be continued, varied or revoked and penalties and forfeitures arising thereunder before or after such commencement may be recovered and enforced by the council in the like manner and as fully as the same could have been continued, varied, revoked, recovered or enforced by the board if this Act had not been passed.

Continuance of resolutions, etc.

7.—Every resolution passed, order made, and notice served by the board before the commencement of this Act the operation, effect or term of which has not ceased or expired before such commencement shall, after such commencement and so far as is not inconsistent with this Act, continue in force and have effect as if it were a resolution passed, order made, or notice served by the council on the date on which the same was actually passed, made or served by the board and as if the functions, powers and duties of the board were, on the said date, already transferred to the council.

Continuance of pending legal proceedings.

8.—In every action, suit, prosecution or other proceeding which is pending at the commencement of this Act in any court or tribunal and to which the board is a party, the council shall on such commencement become and be a party in the place of the board and such proceeding shall be continued between the council and the other parties thereto accordingly, and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of the board.

Admissibility in evidence of books of the board.

9.—(1) All books and other documents directed or authorised by or under any statute to be kept by the board and which, immediately before the commencement of this Act, would be receivable in evidence shall, notwithstanding the dissolution of the board, be admitted in evidence after such commencement as fully as if this Act had not been passed.

(2) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any statute to be kept by the board would, if verified in a particular manner by a particular officer of the board, have been admissible immediately before such commencement as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if verified in such particular manner by the officer of the council corresponding to such particular officer, be admitted, after such commencement, as evidence of such contents to the same extent as such first-mentioned extract or certificate would have been so admitted if this Act had not been passed.

Audit of accounts of the board.

10.—(1) The accounts of all receipts and payments of the board and of committees thereof and of the respective officers of the board and such committees up to the commencement of this Act shall as soon as conveniently may be after such commencement, be audited, and disallowances, surcharges, charges and penalties in relation to such accounts, receipts, and expenditure shall be made, recovered and enforced in like manner as nearly as may be as if this Act had not been passed.

(2) Every officer of the board or of any committee thereof whose duty it is to make up any accounts of or to account for any portion of the receipts or expenditure of the board and also every member of the board or of any such committee shall, until the audit of the accounts of such receipts and expenditure up to the commencement of this Act is completed, be deemed for the purposes of such audit to continue in office and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as if this Act had not been passed.

Officers of the board.

11.—(1) Every person who is, immediately before the commencement of this Act, an officer of the board shall, on such commencement, be transferred to the service of the council and become and be an officer of the council.

(2) Every person who is, immediately before the commencement of this Act, an officer of a committee of the board shall, for the purposes of this Act and in particular for the purposes of this paragraph, be deemed to be an officer of the board.

(3) Every officer of the board or of a committee of the board who is transferred by virtue of this paragraph to the service of the council shall be entitled to reckon, for the purposes of the enactments relating to superannuation, his period of service with the board or such committee (as the case may be) and his period of service from the commencement of this Act with the council as one continuous period of service with the council.

Provisions in relation to transferred officers.

12.—(1) In this paragraph the expression “transferred officer” means an officer of the board or of a committee of the board who is transferred by virtue of the next preceding paragraph of this Schedule to the service of the council.

(2) Every transferred officer shall, from the commencement of this Act until he is continued, appointed, or removed under or by the subsequent provisions of this paragraph, perform in the service of the council the like duties as he performed in the service of the board or committee from whose service he was transferred and be entitled to the same salary and emoluments and the same conditions of service as were attached to his employment in the service of such board or committee immediately before the commencement of this Act.

(3) Every transferred officer shall, within two years after the commencement of this Act, either—

(a) be continued by the council in the office he held immediately before such commencement or in an analogous office with analogous duties, or

(b) be appointed according to law and with his consent to an office in the service of the council, or

(c) be removed from office by the council.

(4) Every dispute as to whether an office is analogous to another office or as to whether the duties of an office are analogous to the duties of another office shall be determined by the Minister whose decision shall be final.

(5) Every transferred officer who is not continued, appointed, or removed under the foregoing provisions of this paragraph within two years after the commencement of this Act shall, at the expiration of such two years, be removed from office by virtue of this sub-paragraph.

(6) Every transferred officer who is removed from office under or by virtue of any of the foregoing provisions of this paragraph shall, for the purpose of the enactments relating to superannuation, be deemed to have been removed from office by the council for a cause other than misconduct or incapacity.

Preservation of contracts of service with the board.

13.—Every contract of service express or implied which is in force immediately before the commencement of this Act between the board and any person not being an officer of the board shall continue in force after such commencement, but shall be construed and have effect as if the council were substituted therein for the board, and every such contract shall be enforceable by or against the council accordingly.