Health Authorities Act, 1960

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Expenses generally.

11.—(1) The expenses (other than those incurred under the Public Assistance Act, 1939 ) of the Dublin Health Authority shall be contributed as follows:

(a) for the local financial year in which the Dublin Health Authority are established—by the Dublin Corporation and the councils of the counties of Dublin and Wicklow in such proportions as those authorities may agree upon with the consent of the Minister or, failing such agreement being made within a period of six months (or such longer period as may be approved of by the Minister) after the day of the establishment of the Dublin Health Authority, in such proportions as may be determined by a person appointed for the purpose by the Minister;

(b) for subsequent local financial years—by the Dublin Corporation, the D[html]n Laoghaire Corporation and the councils of the counties of Dublin and Wicklow in such proportions as those authorities may agree upon with the consent of the Minister or, failing such agreement being made within a period of six months (or such longer period as may be approved of by the Minister) after the day of the establishment of the Dublin Health Authority, in such proportions as may be determined by a person appointed for the purpose by the Minister.

(2) (a) For the local financial year in which the Dublin Health Authority are established—

(i) the Dublin Corporation shall supply to the Authority the moneys required to meet the expenses incurred by the Authority under the Public Assistance Act, 1939 , in relation to persons in the county borough of Dublin, and

(ii) the council of the county of Dublin shall supply to the Authority the moneys required to meet the expenses so incurred in relation to persons in the county of Dublin.

(b) For subsequent local financial years—

(i) the Dublin Corporation shall supply to the Dublin Health Authority the moneys required to meet the expenses incurred by the Authority under the Public Assistance Act, 1939 , in relation to persons in the county borough of Dublin,

(ii) the council of the county of Dublin shall supply to the Authority the moneys required to meet the expenses so incurred in relation to persons in the County Health District of Dublin, and

(iii) the Dún Laoghaire Corporation shall supply to the Authority the moneys required to meet the expenses so incurred in relation to persons in the borough of Dún Laoghaire.

(3) The expenses (other than those under the Public Assistance Act, 1939 ) of a health authority (other than the Dublin Health Authority) established by this Act shall be contributed, by the local authorities who appoint members of the health authority, in such proportions as those authorities may agree upon with the consent of the Minister or, failing such agreement being made within a period of six months (or such longer period as may be approved of by the Minister) after the day of the establishment of the health authority, in such proportions as may be determined by a person appointed for the purpose by the Minister.

(4) A person in making a determination under this section in relation to a health authority established by this Act shall have regard to—

(a) the cost in respect of each area concerned, during the five local financial years next preceding that in which the health authority became established, of the operation of services which have become transferred to the health authority,

(b) the principles which have previously governed the allocation of the expenses of joint bodies operating any of those services.

(5) An agreement or determination under this section shall have effect as from the establishment of the health authority to whom it relates.

(6) (a) An agreement under this section may be varied—

(i) by agreement between the authorities concerned made with the consent of the Minister, or

(ii) by a person whom the Minister, acting at the request of one of the authorities concerned, appoints to review the agreement.

(b) A determination under this section may be varied—

(i) by agreement between the authorities concerned made with the consent of the Minister, or

(ii) by a person whom the Minister, acting either at the request of one of the authorities concerned or on his own initiative, appoints to review the determination.

(7) A local authority who appoint members of a health authority established by this Act (other than the Dublin Health Authority) shall supply to the health authority the moneys required to meet the expenses incurred by the health authority under the Public Assistance Act, 1939 , in relation to persons in the functional area of the local authority.

(8) A contribution by the council of the county of Dublin to the expenditure of the Dublin Health Authority in respect of any local financial year other than that in which the Authority are established shall be charged on the County Health District of Dublin.

(9) All moneys required by this section to be supplied by the council of a county or the corporation of a county or other borough shall be supplied on demand made by the relevant health authority in accordance with regulations made by the Minister for Local Government.

(10) Nothing in this section shall be taken as preventing a demand by the council of the county of Dublin being made on, and being met by, the Dún Laoghaire Corporation, at any time after the local financial year in which the Dublin Health Authority are established, to provide for adjustments in respect of expenditure, for that year or any earlier local financial year, on the services which are transferred to that authority.

(11) Without prejudice to, and subject to any adjustments arising from, the provisions of this Act in relation to the proportions in which the expenditure of health authorities established by this Act are to be met—

(a) a local authority who appoint members of a health authority established by this Act shall pay to that authority in the local financial year in which that authority are established—

(i) any moneys included in their estimates of expenses for services administered by them which are transferred to the health authority which, at the date of the establishment of that authority, have not been expended, and

(ii) any moneys demanded from them by a body dissolved by section 15 of this Act which, at the date of such establishment, have not been paid to that body, and

(b) the council of the county of Wicklow shall pay to the Dublin Health Authority, in the local financial year in which that authority are established, any moneys demanded from that council by the Grangegorman Mental Hospital Board which, at the date of such establishment, have not been paid to that board.

(12) An agreement under this section between two or more local authorities shall be made by resolutions of those authorities.