Health Act, 1970

PART II

Administration

Chapter I

Health Boards

Establishment of health boards.

4.—(1) For the administration of the health services in the State, the Minister shall after consultation with the Minister for Local Government by regulations establish such number of boards (to be known and in this Act referred to as health boards) as may appear to him to be appropriate, and by such regulations shall specify the title and define the functional area of each health board so established and, subject to subsection (2), shall specify the membership of each health board.

(2) (a) Membership of a health board shall consist of—

(i) persons appointed by the relevant local authorities,

(ii) persons appointed by election by registered medical practitioners and by election by members of such ancillary professions as are specified in the appropriate regulations under subsection (1),

(iii) persons appointed by the Minister.

(b) In a specification of membership of a health board by regulations under this section, the number of persons fulfilling the condition in paragraph (a) (i) shall exceed the total number of other members of the health board.

(c) Paragraph (a) (ii) shall not apply in the case of the first appointments of members of a health board, but the first appointments to a health board under paragraph (a) (iii) shall include appointments made on nominations of bodies which, in the opinion of the Minister, are representative of the medical and ancillary professions or of particular branches thereof.

(3) For the purposes of subsection (2) and paragraphs 14 (1) and 16 (2) of the Second Schedule the relevant local authorities shall be each council of a county or corporation of a county borough the functional area of which (or part of the functional area of which) is included in the functional area of the relevant health board and, in the appropriate case, the Corporation of Dún Laoghaire shall be a relevant local authority.

(4) The Minister shall consult the council of a county, the corporation of a county borough or the Corporation of Dún Laoghaire before making regulations under this section which relate to the functional area of the council or corporation concerned.

(5) A draft of regulations which it is proposed to make under this section shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

(6) Section 5 (5) of the Health Act, 1947 , shall not apply in respect of regulations under this section.