No. 5/1951:

MEATH HOSPITAL ACT, 1951

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Cesser of office of existing members of the joint committee.

3 Constitution of the Medical Board.

4 Re-constitution of joint committee.

5 Election and term of office of county members.

6 Election and term of office of General Council members.

7 Election and term of office of city members.

8 Election and term of office of medical members.

9 Joint Committee may act notwithstanding vacancies.

10 Electorate for Hospital Corporation members.

11 Election and term of office of Hospital Corporation members.

12 Election of chairman and vice-chairman of joint committee.

13 Annual meeting of governors and governesses of the Hospital.

14 Power of joint committee to remove persons from office.

15 Amendment of the Act of 1815.

16 Repeal.

17 Power of joint committees to make bye-laws.

18 Short title.

AN ACT TO RE-CONSTITUTE THE JOINT COMMITTEE OF THE INSTITUTION, CALLED THE MEATH HOSPITAL OR COUNTY OF DUBLIN INFIRMARY, TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE SAID JOINT COMMITTEE AS SO RE-CONSTITUTED, TO AMEND CERTAIN ENACTMENTS RELATING TO THE SAID INSTITUTION, AND TO PROVIDE FOR CERTAIN OTHER MATTERS RELATING TO THE MATTERS AFORESAID.

[15th March, 1951.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

the expression "the Act of 1815" means the British statute passed in the year 1815, and entitled " An Act to amend several Acts for the management and direction of the Meath Hospital, or County of Dublin Infirmary, and for the better regulating the same". (55 Geo. III, c. IXXXI).

the expression "the appointed day" means the first Monday in the second month next after the month in which this Act is passed, or, if the said first Monday is a public holiday, the next following Tuesday;

the expression "the Dublin Corporation" means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

the expression "the Dublin County Council" means the council of the administrative county of Dublin;

the expression "election year" means any year being—

( a ) the year in which the appointed day falls, or

( b ) the year 1954, or

( c ) any third successive year after the year 1954;

the expression "the first election year" means the year in which the appointed day falls;

the expression "the General Council" means the General Council of County Councils;

the expression "the Hospital" means the Meath Hospital or County of Dublin Infirmary;

the expression "the joint committee" means the joint committee of Hospital;

the expression "the Medical Board" means the Medical Board constituted in accordance with section 3 of this Act;

the word "resign" means resignation from the joint committee.

2.—(1) The persons holding office as members of the joint committee immediately before the passing of this Act shall cease to hold office on the passing of this Act.

(2) During the period commencing on the date of the passing of this Act and ending on the appointed day all the powers, duties and responsibilities of the joint committee shall be vested in the Dublin City Manager who shall during the said period conduct and manage the Hospital and all the affairs and business thereof.

3.—(1) The Medical Board of the Hospital shall consist of the physicians and surgeons of the Hospital on the 6th December, 1950, and the physicians and surgeons of the Hospital duly appointed in accordance with law after the appointed day.

(2) Whenever a vacancy occurs in the Medical Board, then notwithstanding anything to the contrary contained in section 7 of the Act of 1815 the joint committee shall advertise the vacancy in the public press and the Medical Board shall examine the credentials of the applicants and following consideration of the report of the Medical Board on all such applicants the joint committee shall elect a physician or surgeon to fill the vacancy.

4.—(1) As on and from the day next after the appointed day the joint committee shall, in lieu of being constituted as provided by subsection (2) of section 15 of the Local Government (Ireland) Act, 1898, consist of—

( a ) five members (in this Act referred to as county members) elected in accordance with section 5 of this Act,

( b ) two members (in this Act referred to as General Council members) elected in accordance with section 6 of this Act,

( c ) six members (in this Act referred to as city members) elected in accordance with section 7 of this Act,

( d ) four members (in this Act referred to as medical members) elected in accordance with section 8 of this Act,

( e ) four members (in this Act referred to as Hospital Corporation members) elected in accordance with section 11 of this Act,

( f ) two members co-opted at the first meeting of those elected in accordance with paragraphs (a), (b), (c), (d) and (e).

(2) Every member co-opted under subsection (1) of this section shall, unless he sooner dies or resigns, hold office until the expiration of the first Monday in April in the next election year.

(3) A meeting of the joint committee shall be summoned for a day which is not less than three or more than seven days after the appointed day.

5.—(1) The Dublin County Council shall in the first election year on or before the appointed day elect five persons to act as county members, and the term of office of every person so elected shall commence on the day next after the appointed day.

(2) The Dublin County Council shall in each election year (other than the first election year) on or before the first Monday in April in that election year, elect five persons to act as county members, and the term of office of every person so elected shall commence on the day next following the said first Monday.

(3) Every county member elected at an election held under subsection (1) or (2) of this section in any election year shall, unless he sooner dies or resigns, hold office until the expiration of the first Monday in April in the next election year.

(4) Whenever a county member dies or resigns, the Dublin County Council shall, as soon as conveniently may be, elect a person to fill the vacancy and the person so elected shall hold office for the period for which the county member so dying or resigning would have held office if he had not so died or resigned.

6.—(1) The General Council shall, in the first election year before the appointed day, elect two of its members as General Council members, and the term of office of every person so elected shall commence on the day next after the appointed day.

(2) The General Council shall in each election year (other than the first election year) before the first Monday in April in that election year elect two of its members as General Council members, and the term of office of every person so elected shall commence on the day next following the said first Monday.

(3) Every General Council member elected at an election held under subsection (1) or (2) of this section in any election year shall, unless he sooner dies or resigns, hold office until the expiration of the first Monday in April in the next election year.

(4) Whenever a General Council member dies or resigns the General Council shall as soon as conveniently may be elect a person to fill the vacancy and the person so elected shall hold office for the period for which the General Council member so dying or resigning would have held office if he had not died or resigned.

7.—(1) The Dublin Corporation shall, in the first election year before the appointed day, elect six persons to act as city members, and the term of office of every person so elected shall commence on the day next after the appointed day.

(2) The Dublin Corporation shall in each election year (other than the first election year) before the first Monday in April in that election year elect six persons to act as city members, and the term of office of every person so elected shall commence on the day next following the said first Monday.

(3) Every city member elected at an election held under subsection (1) or (2) of this section in any election year shall, unless he sooner dies or resigns, hold office until the expiration of the first Monday in April in the next election year.

(4) Whenever a city member dies or resigns the Dublin Corporation shall as soon as conveniently may be elect a person to fill the vacancy and the person so elected shall hold office for the period for which the city member so dying or resigning would have held office if he had not died or resigned.

8.—(1) The Medical Board shall, in the first election year on or before the appointed day, elect four of its members as medical members, and the term of office of every person so elected shall commence on the day next after the appointed day.

(2) The Medical Board shall in each election year (other than the first election year) on or before the first Monday in April in that election year elect four of its members as medical members, and the term of office of every person so elected shall commence on the day next following the said first Monday.

(3) Every medical member elected at an election held under subsection (1) or (2) of this section in any election year shall, unless he sooner dies or resigns, hold office until the expiration of the first Monday in April in the next election year.

(4) Whenever a medical member dies or resigns, the Medical Board shall as soon as conveniently may be elect a person to fill the vacancy and the person so elected shall hold office for the period for which the medical member so dying or resigning would have held office if he had not so died or resigned.

9.—The joint committee may act notwithstanding vacancies in its membership.

10.—(1) In this section—

the expression "the qualifying date" means,—

( a ) in relation to the election of Hospital Corporation member to be held in the first election year, the 1st day of the month next preceding the month in which the appointed day falls,

( b ) in relation to the election of Hospital Corporation members to be held in any election year (other than the first election year), the 1st day of March in that election year;

the word "person" does not include the Dublin County Council or the Dublin Corporation or the General Council.

(2) Every person who is a governor or governess of the Hospital on the qualifying date shall be qualified to vote at the election of Hospital Corporation members and no other person shall be qualified as entitled to vote at such election.

(3) In this Act, references to the Hospital Corporation members' electorate for a particular election year shall be construed as references to the persons who are by virtue of this section qualified to vote at an election of Hospital Corporation members to be held in that election year.

11.—(1) In this section—

the expression "member" means a Hospital Corporation member;

the expression "the electorate" means the Hospital Corporation members' electorate.

(2) The electorate for the first election year shall on the appointed day elect from their number four members, and the term of office of the persons so elected shall commence on the day next after the appointed day.

(3) The electorate for any election year (other than the first election year) shall on the first Monday in April in that election year elect from their number four members, and the term of office of every person so elected shall commence on the day next after the day of his election.

(4) Every member elected at an election held under subsection (2) or (3) of this section shall, unless he sooner dies or resigns, hold office until the expiration of the day on which the next election of members is held in accordance with subsection (3) of this section.

(5) The Hospital Corporation members shall be elected on the proportional representation system by postal vote of the persons qualified to vote at the election; in the first election year the election shall be conducted and carried out by a person appointed for the purpose by the Dublin City Manager in accordance with rules made by the Dublin City Manager; in any election year (other than the first election year) the election shall be conducted and carried out by a person appointed for the purpose by the joint committee in accordance with rules made by the joint committee.

(6) Whenever a member dies or resigns, the continuing members shall as soon as conveniently may be, elect a person (being a life governor or life governess for the time being of the Hospital) to fill the vacancy, and the person so elected shall hold office for the period for which the member so dying or resigning would have held office if he had not died or resigned.

(7) Any expenses incurred in relation to any election under subsection (2) or (3) of this section shall be defrayed out of the general funds of the Hospital.

12.—(1) The joint committee shall, at its first meeting after each election, elect one of its members to be chairman of the joint committee and another of its members to be vice-chairman of the joint committee.

(2) Every person elected to be chairman or vice-chairman of the joint committee shall, unless he sooner dies, resigns or becomes disqualified, hold office as chairman or vice-chairman until his successor is elected.

(3) Whenever the office of chairman or vice-chairman becomes vacant through the death, resignation or disqualification of the chairman or vice-chairman, the joint committee shall at the next meeting after such vacancy has taken place elect one of its members to be chairman or vice-chairman.

13.—An annual meeting of the governors and governesses of the Hospital and the members of the joint committee shall be held in the Hospital on a date to be appointed by the joint committee; at the annual meeting a general report on the Hospital shall be made by the chairman of the joint committee and such other business as the joint committee authorise shall be transacted.

14.—(1) In this section—

the word "office" means any office or appointment full or part time, in or in connection with the Hospital.

(2) Where a person was, after the 6th day of December, 1950, and on or before the appointed day, appointed to any office, then notwithstanding the terms and conditions on which he was appointed the joint committee may, without assigning any reason therefor, dismiss or remove him from that office.

(3) Subsections (1) and (2) of this section shall come into operation on the appointed day.

15.—(1) In section 2 of the Act of 1815, the words "not exceeding the annual value of one thousand pounds" are hereby repealed.

(2) In section 7 of the Act of 1815, the words "that all such elections shall be from the Members or Licentiates of the King's and Queen's College of Physicians and Royal College of Surgeons in Ireland and" are hereby repealed.

(3) Sections 3 to 6 inclusive and sections 18 and 19 of the Act of 1815 are hereby repealed.

16.—Clause II of the Act passed in the Irish Parliament in the 15th and 16th year of the reign of George III Chapter XXXI is hereby repealed.

17.—The joint committee are hereby empowered to make bye-laws, rules or regulations governing the admission of patients and for the better government of the Hospital or any matter relating thereto.

18.—This Act may be cited as the Meath Hospital Act, 1951 .