No. 24/1954:

CORK FEVER HOSPITAL (AMENDMENT) ACT, 1954

ARRANGEMENT OF SECTIONS

1 The Act of 1935.

2 Amendment of Cork Fever Hospital Acts, 1935 and 1938.

3 Vesting of hospital in Board of Public Assistance for South Cork Public Assistance District.

4 Superannuation of transferred officers.

5 Consequential amendments and repeals.

6 Short title and collective citation.

AN ACT TO AMEND AND EXTEND THE CORK FEVER HOSPITAL ACTS, 1935 AND 1938.

[30th November, 1954.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act "the Act of 1935" means the Cork Fever Hospital Act, 1935 (No. 44 of 1935).

2.—Notwithstanding anything contained in the Cork Fever Hospital Acts, 1935 and 1938, and the scheme thereunder, the hospital the erection of which has been commenced pursuant to those Acts may be completed and used as a hospital other than a hospital intended solely for the treatment of patients suffering from infectious diseases.

3.—The hospital referred to in section 2 of this Act shall, on such day as may be appointed by order by the Minister for Health and without any conveyance or assignment, become and be vested in the Board of Public Assistance for the South Cork Public Assistance District for all the estate, term or interest for which it was immediately before that day vested in the Lord Mayor, Aldermen and Burgesses of Cork, and shall thereupon be deemed to have been provided as a health institution by that Board under section 10 of the Health Act, 1947 (No. 28 of 1947).

4.—(1) In this section—

"the Act of 1948" means the Local Government (Superannuation) Act, 1948 (No. 4 of 1948);

"appointed day" means the day appointed for the purposes of section 3 of this Act;

"established officer" has the same meaning as in the Act of 1948;

"existing committee" has the same meaning as in the Act of 1935;

"person to whom this section applies" means a person who—

( a ) becomes an officer of the Board of Public Assistance for the South Cork Public Assistance District in pursuance of section 43 of the Act of 1935, as amended by this Act, and

( b ) was, continuously between the 31st day of March, 1948, and the appointed day, a paid officer of the existing committee.

(2) The name of a person to whom this section applies shall not at any time be entered in the register of established officers maintained by a local authority under section 8 of the Act of 1948, unless—

( a ) he had not, on the appointed day, reached the age of sixty years; and

( b ) within six months of the appointed day, he applies to the local authority of which he is an officer to enter his name in the register of established officers kept by that local authority.

(3) No contribution under section 31 of the Act of 1948 shall be required from a person to whom this section applies during a continuous period of service beginning on the appointed day.

(4) In any application of section 24 of the Act of 1948 to a person to whom this section applies who becomes an established officer by virtue of this section, the said section 24 shall be construed as if it provided that the lesser sum therein referred to should be increased by one-half per cent of that sum multiplied by the number of whole years (any fraction of a whole year being disregarded) in his service under the existing committee.

(5) In the case of a person who becomes an officer of the Board of Public Assistance for the South Cork Public Assistance District in pursuance of section 43 of the Act of 1935, the service of such person under the existing committee shall—

( a ) where such person becomes an established officer, be reckoned, for the purposes of the Act of 1948, as if it were service as an established officer;

( b ) where such person does not become an established officer, he reckoned for the purposes of Part IV of the Local Government Act, 1925 (No. 5 of 1925), as if it were service as an officer of the Board.

5.—(1) The references in subsection (8) of section 26, sections 41, 42, 43 and 44 of the Act of 1935 to "the Board" shall be construed as references to the Board of Public Assistance for the South Cork Public Assistance District.

(2) Section 43 of the Act of 1935 is hereby amended by—

( a ) the insertion in subsection (1) of "on the 25th day of September, 1954, was and "before" on the day before the appointed day";

( b ) the addition at the end of subsection (3) of " on the 25th day of September, 1954";

( c ) the substitution in subsection (4) of "or of section 23 of the Local Government (Superannuation) Act, 1948 (No. 4 of 1948)," for "and as applied by this Act";

( d ) the substitution in subsection (5) of "or section 23 of the Local Government (Superannuation) Act, 1948 (No. 4 of 1948)," for "and as applied by this Act" and the addition at the end of that subsection of or, as may be appropriate, unfitness";

( e ) by the deletion in subsection (6) of and as applied by this Act";

(3) The references in sections 9, 40, 41, 42, 43, 44 and 46 of the Act of 1935 to "the appointed day" shall be construed as references to the day appointed for the purposes of section 3 of this Act.

(4) Sections 11 to 25, subsections (1), (2), (3), (4), (5) and (6) of section 26, sections 27 to 39, subsection (7) of section 43 and sections 45 and 47 of the Act of 1935 are hereby repealed.

6.—(1) This Act may be cited as the Cork Fever Hospital (Amendment) Act, 1954 .

(2) The Cork Fever Hospital Acts, 1935 and 1938, and this Act may be cited together as the Cork Fever Hospital Acts, 1935 to 1954.