The Convalescent Home Stillorgan (Charter Amendment) Act, 1958

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Number 1 (Private) of 1958.

THE CONVALESCENT HOME STILLORGAN (CHARTER AMENDMENT) ACT, 1958.

ARRANGEMENT OF SECTIONS

SCHEDULE

Number 1 (Private) of 1958.

THE CONVALESCENT HOME STILLORGAN (CHARTER AMENDMENT) ACT, 1958.*

AN ACT TO AMEND THE CHARTER UNDER WHICH THE CONVALESCENT HOME, STILLORGAN, IS INCORPORATED, TO EXTEND THE OBJECTS OF THE INSTITUTION, TO AUTHORISE THE GOVERNORS TO APPLY CAPITAL FUNDS OF THE INSTITUTION FOR CERTAIN PURPOSES, TO AMEND THE PROVISIONS OF THE CHARTER RELATING TO THE PAYMENT OF SUBSCRIPTIONS BY THE CORPORATION OF DUBLIN AND TO THE ADMISSION OF PATIENTS TO THE HOME AND TO ENABLE THE COMMISSIONERS OF CHARITABLE DONATIONS AND BEQUESTS FOR IRELAND ON THE APPLICATION OF THE GOVERNORS TO ALTER FROM TIME TO TIME THE PROVISIONS OF THE SAID CHARTER. [16th December, 1958.]

Preamble.

WHEREAS the Convalescent Home, Stillorgan, situate in the County of Dublin was established in or about the year 1862 as a home for relieving the sufferings of humble operatives and persons of limited means and for restoring such persons to sufficient strength to enable them to resume their previous avocations and earn their livelihood.

AND WHEREAS by a Charter or Letters Patent under the Great Seal of Ireland bearing date the 26th day of October 1918 and granted by his late Majesty King George the Fifth certain persons therein named and their successors were nominated constituted a body politic and corporate by the name of “The Convalescent Home, Stillorgan”.

AND WHEREAS it is provided by the said Charter that the object of the said Institution should continue to be to provide the advantages of country air and good food to poor artisans and others who when recovering from illness would otherwise be obliged to return to work before they had regained their strength and that persons of all religious denominations might be admitted as inmates of the said Home.

AND WHEREAS the said Charter also provides that the Corporation of Dublin shall be entitled annually to nominate two persons to represent the said Corporation on the Committee of Management of the said Institution in each year for which the Corporation of Dublin shall subscribe a sum of not less than £100 to the funds of the said Institution.

AND WHEREAS the said Charter also provides for the appointment from time to time by the Committee of Management of the said Institution of an Admission Committee for the purpose of selecting patients for admission to the Home.

AND WHEREAS the number of Convalescent patients seeking admission to the said Home who come within the objects set forth in the said Charter having been greatly reduced by reason of modern social conditions and the continuance of the Institution as heretofore being thereby rendered uneconomic it is expedient that the objects of the Institution should be extended in manner hereinafter provided.

AND WHEREAS it is expedient that the right granted to the Corporation of Dublin by the said Charter to nominate annually two persons to represent the said Corporation on the Committee of Management of the said Institution should no longer be subject to any qualification as to the payment of an annual subscription, and that the provisions of the said Charter should be amended accordingly in manner hereinafter provided.

AND WHEREAS it is expedient that the provisions of the said Charter relating to the Admission Committee should be deleted as provided by this Act.

AND WHEREAS the Governors of the said Institution not having other funds at their disposal it is expedient that they be authorised to apply capital funds of the Institution in paying off existing debts and liabilities and in making certain structural improvements and repairs to the said Home.

AND WHEREAS by reason of the changes from time to time in social conditions and for the purpose of furthering the objects purposes and administration of the trusts reposed in the Governors of the said Institution under the Charter it is expedient that power should be given to the Governors to enable them from time to time to alter or vary the provisions of the said Charter without incurring the expense of an application to the Oireachtas upon the occasion of every such alteration or variation.

AND WHEREAS for the purpose of providing a means for effecting such alterations or variations without such expense as aforesaid it is expedient that the Commissioners of Charitable Donations and Bequests for Ireland should be empowered to alter or vary from time to time the provisions of the said Charter.

AND WHEREAS the purposes aforesaid cannot be effected without the authority of the Oireachtas.

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Definitions.

1.—In this Act unless the context otherwise requires the expression “the Charter” means the Royal Charter of Incorporation of the Convalescent Home, Stillorgan, dated the 26th day of October 1918.

The expression “the Institution” means the body corporate constituted by the Charter.

The expression “the Home” means the Convalescent Home run and managed by the Institution.

The expression “the Governors” means the Governors of the Institution.

The expression “the Committee of Management” means the Committee of Management of the Institution.

The expression “the Commissioners” means the Commissioners of Charitable Donations and Bequests for Ireland.

Extension of facilities of Home to all persons in need of care and attention.

2.—The object of the Institution as set forth in Clause 4 of the Charter shall be extended so that the advantages of the Home shall be available to all persons who, in the opinion of the Committee of Management, are in need of care and attention and, in particular, to persons who are advanced in years.

Abolition of subscription by Corporation of Dublin.

3.—Clause 8 of the Charter shall be read and construed as if the words “in each year for which the Corporation of Dublin shall subscribe a sum of not less than £100 to the funds of the Institution” where the same appear therein were deleted.

Abolition of Admission Committee.

4.—Clause 9 of the Charter shall be read and construed as if the words “an Admission Committee for the ensuing month and also” where the same appear therein were deleted.

Raising £6,000 out of capital funds and application thereof and power to raise capital.

5.—Notwithstanding anything contained in the Charter

(1) The Committee of Management may forthwith raise out of the capital funds of the Institution a sum not exceeding £6,000 and apply the same for the purposes following that is to say:—

(a) As to £2,800 part thereof in paying off existing debts and liabilities of the Institution and

(b) As to the residue thereof in making structural improvements and in effecting structural repairs to the Home, short particulars of which said improvements and repairs are set forth in the Schedule hereto.

(2) Subject to the approval of the Commissioners and with the sanction of a resolution passed at a special general meeting of the Governors, the Committee of Management may from time to time raise out of the capital funds of the Institution such sums as may be approved by the Commissioners and apply the same for the benefit of the Institution.

Power to apply to the Commissioners.

6.—In addition to the powers conferred upon them by the Charter the Governors may from time to time apply to the Commissioners to alter or vary the provisions of the Charter.

Power to Commissioners to alter Charter.

7.—Upon such application as aforesaid the Commissioners may by a minute under their seal alter or vary any one or more of the provisions of the Charter or of the Charter as amended by any alteration or variation made or to be made under this Act provided that no such alteration or variation shall affect or change or purport to affect or change the non-denominational character of the Home or any other home for the time being under the control or management of the Governors.

Application to the Commissioners.

8.—Every such application shall be in writing and under the seal of the Institution and shall specify the alteration or variation sought and no such application shall be made except in pursuance of a resolution duly passed at a meeting of the Governors specially called for the purpose of considering such resolution.

Confirmation of Charter in other respects.

9.—Save as hereby amended the Charter shall be and remain in full force and effect.

Provision for expenses of amendment of Charter.

10.—The costs charges and expenses preliminary to and of and incidental to the preparing obtaining and passing of this Act shall be paid by the Institution out of the funds of the Institution.

Short Title.

11.—This Act may be cited as the Convalescent Home Stillorgan (Charter Amendment) Act, 1958.

SCHEDULE.

To sub-divide existing dormitories so as to provide a degree of privacy for patients in the Home.

To provide more convenient accommodation for employees of the Home caring for those in the dormitories so sub-divided.

To provide adequate plumbing heating and lighting facilities in connection with the above works.