Kilkenny County Scheme Order, 1923.

COUNTY SCHEME ORDER, KILKENNY NO. 1, 1923.

COUNTY SCHEME ORDER, KILKENNY NO. 1, 1923.

MINISTRY OF LOCAL GOVERNMENT

The Local Government (Temporary Provisions) Act, 1923 .

KILKENNY COUNTY.

To the Council of the Administrative County of Kilkenny :

To each Public Body established under the existing County Scheme for the said County :

And to all whom it may concern :

WHEREAS it is provided by section 5 of the Local Government (Temporary Provisions) Act, 1923 (hereinafter referred to as the Act) that I, the Minister for Local Government, by Order made under the said section may from time to time amend or modify any existing County Scheme after it has come into operation in any way that I may deem necessary and that every such amendment or modification shall come into operation as from such date as I shall by such Order direct.

AND WHEREAS the expression "existing County Scheme" is defined by section 1 of the Act to mean so much of one of the Schemes for the administration of the relief of the poor in a County set out in the First Schedule to the Act as relates to the relief of the poor and does not contravene any of the provisions of the Act :

AND WHEREAS the existing County Scheme for the County of Kilkenny as set out in the Schedule to the Act, has come into operation and I deem it necessary to amend and modify the said existing County Scheme in such way as to substitute for the provisions thereof, the provisions set forth in the Schedule to this Order :

AND WHEREAS in accordance with sub-section (2) of section 5 of the Act, I have given to the Council of the Administrative County of Kilkenny one month's notice of my intention to make the amendments and modifications as aforesaid in the said existing County Scheme and have taken into consideration any representation which has been made to me by such Council within such month in respect of the said amendments and modifications :

NOW THEREFORE I, the Minister for Local Government, in exercise of the powers given to me by sub-section 1 of Section 5 of the Act, the said month having expired, do by this My Order, order and direct as follows :

1. The existing County Scheme for the Administrative County of Kilkenny shall be, and the same is hereby amended and modified in such way as to bring it into conformity with the provisions set forth in the Schedule to this Order.

2. The provisions set forth in the Schedule to this Order shall be substituted for the provisions of the said existing County Scheme, and shall come into operation as from the First day of July, 1923.

3. This Order may be cited and referred to as the Kilkenny County Scheme Order, 1923.

Given under My Seal of Office,

this Twenty-eighth day of

June, in the year of Our

Lord, One Thousand Nine

Hundred and Twenty-

three.

(Signed) EARNAN de BLAGHD.

Minister for Local Government.

SCHEDULE REFERRED TO

IN THE

FOREGOING ORDER.

KILKENNY COUNTY SCHEME.

Arrangement of Articles.

Article.

1. Definitions.

PART I.

BOARD OF HEALTH.

2 Establishment.

3. Incorporation.

4. Constitution.

5. Tenure of office of members.

6. Meetings.

7. Annual Meetings.

8. Chairman.

9. Casual vacancies.

10. Proceedings.

11. Appointment of committees.

12. Transfer of Powers and duties of abolished local bodies.

13. Finance.

14. Accounts.

PART II.

RELIEF TO BE PROVIDED.

15. Institutions to be provided.

16. Admission to Hospitals.

17. Admission to Homes.

18. Non-Institutional Relief.

PART III.

MISCELLANEOUS.

19. Recovery of Cost of Relief.

20. Powers of Minister.

PART IV.

TRANSITORY PROVISIONS.

21. Governing Body.

SCHEDULES.

I.

Bodies abolished.

KILKENNY COUNTY SCHEME.

Definitions.

1. In this Scheme, unless the context otherwise requires, the expression "County Council" means the Council of the administrative County of Kilkenny.

The expression "The County" means the administrative County of Kilkenny.

The expression "Minister" has the same meaning as in the Local Government (Temporary Provisions) Act, 1923 .

The expression "prescribed" means prescribed by the Minister.

The expression "person eligible for relief" means any poor person who is unable by his own industry or other lawful means to provide for himself or his dependants the necessaries of life or necessary medical or surgical treatment.

PART I. THE BOARD OF HEALTH.

Establishment

2. There shall be established in the Administrative County of Kilkenny a board to be known by the name of the Kilkenny County Board of Health to which shall be entrusted the administration of the relief of the poor in the County.

Incorporation

3. The Kilkenny County Board of Health (hereinafter referred to as the Board of Health) shall be a body corporate and shall have perpetual succession and a common seal with power to acquire and hold land for the purpose of their powers and duties, without licence in mortmain.

Constitution.

4. The Board of Health shall consist of a chairman and nine other persons who shall be elected by the County Council from amongst their members at the annual meeting of the Council held next after a triennial election and the election of such persons shall be part of the first business to be transacted thereat.

Tenure of Office of members.

5.—(i.) The members of the Board of Health shall hold office until the day next after the day of annual meeting of the County Council held next after a triennial election.

(ii.) The quorum of the Board of Health shall consist of three members.

(iii.) A member of the Board of Health who ceases to be or is disqualified for being a member of the County Council shall also cease to be or be disqualified for being a member of the Board of Health.

(iv.) Any member of the County Council may at any time notify the Secretary of the County Council in writing of his intention to propose that the membership of any member of the Board of Health shall be terminated, and the Secretary shall thereupon summon a special meeting of the County Council for a date not later than one month from the receipt by him of such notification, and shall give to every member of the County Council at least fourteen days' notice thereof and in the event of a resolution being passed at such meeting approving of such proposal, and such resolution receiving the sanction of the Minister, the membership of such member of the Board of Health shall thereupon be terminated.

(v.) The membership of any member of the Board of Health, who, for a consecutive period of three months, has not attended a meeting of the Board of Health, shall thereupon be terminated and the County Council, at their meeting next after the expiration of such period, shall appoint one of their members to fill the vacancy in the membership of the Board of Health arising thereby :

Provided that in the case of any meeting of the Board of Health being abandoned owing to failure to obtain a quorum, the names of the members attending at the time and place duly appointed for such meeting shall be recorded, and such members shall be deemed to have attended a meeting of the Board of Health at such time and place for the purposes of this sub-article.

(vi.) A member of the Board of Health may at any time resign his membership by writing signed by him and delivered to the Secretary of the County Council and to the Secretary of the Board of Health ; provided that such resignation shall not become effective until the meeting of the County Council held next after the receipt of such writing.

Meetings.

6. The Board of Health shall hold an annual meeting and other meetings for the transaction of their business at least once in each month and at such other times as may be necessary for properly exercising their powers and performing their duties under this scheme.

Annual Meeting.

7. The annual meeting of the Board of Health shall be held in each year within one month after the day which was the day of election at the last election of the Board of Health.

Chairman.

8. (i.) At such annual meeting the Board of Health shall appoint a chairman and may appoint a vice-chairman who shall respectively hold office for the term of one year but shall continue in office until their successors are elected.

(ii.) The Chairman at a meeting of the Board of Health shall have a second or casting vote.

Casual Vacancies.

9. Casual vacancies occurring in the Board of Health shall be filled by the County Council within one month after their occurrence, or within such further time as the Minister may allow.

Proceedings.

10. The conduct of the business and the order of the proceedings of the Board of Health shall be in accordance with the prescribed regulations.

Appointment of Committees.

11.—(i.) The Board of Health may from time to time appoint such and so many Committees consisting of not less than three persons either of a general or special nature and composed either wholly of members of their own body, or partly of such members and partly of other persons, as they think fit for any purposes which in the opinion of the Board of Health would be better regulated and managed by means of such committees; but the acts of every such committee (save as hereinafter provided) shall be submitted to the Board of Health for their approval ; provided that with the approval of the Minister the Board of Health may authorise any Committee so appointed to institute any proceedings or do any act which that body may institute or do.

(ii.) The Board of Health may revoke in whole or in part any appointment or authority made or given under this article.

(iii.) The quorum, proceedings, and place of meeting of any Committee, and the area, if any, within which the Committees are to exercise their authority shall be such as may be determined by regulations to be made by the Board of Health with the approval of the Minister.

(iv.) The Board of Health shall not appoint any Committees except under the provisions of this article.

Transfer of Powers and Duties of Abolished Local Bodies.

12.—(i.) The bodies whose names are set out in Schedule 1 of this Scheme shall be abolished under Section 7 of the Local Government (Temporary Provisions) Act, 1923 , and their powers and duties in relation to the relief of the poor in the County as modified by the said Act and by this Scheme, shall be transferred to the Board of Health.

(ii.) The provisions of any enactment in force prior to the passing of the Local Government (Temporary Provisions) Act, 1923 , and relating to the powers and duties transferred by this article, shall be construed with such modifications as may be necessary to give effect to this Scheme.

(iii.) If any doubt, dispute or question shall arise, or in the opinion of the Minister be likely to arise, as to whether any power or duty is or is not transferred by or under this Scheme to the County Council or the Board of Health, such doubt, dispute or question shall be decided by the Minister ; and if such doubt, dispute or question relates to the construction of any statute, order or regulation the Minister may by order specify the modifications which are to be made therein under sub-article (ii.) of this Article.

Finance

13.—(i.) The expenses of the Board of Health shall be raised by means of the Poor Rate as a county at large charge.

(ii.) The money required to meet the expenses of the Board of Health shall be supplied by the County Council to the Board of Health on an annual estimate and demand by the Board of Health, and shall be estimated, demanded, and paid in the same manner as the expenses of a Board of Guardians.

Accounts.

14. The accounts of the receipts and expenditure of the Board of Health and its Committees and officers shall be made up half-yearly to the 30th day of September and 31st day of March in each year in such form as the Minister may prescribe and shall be audited by such person as the Minister may appoint for that purpose.

PART II. RELIEF TO BE PROVIDED.

Institutions to be Provided.

15.—(i.) Subject to the provisions of this Scheme and to any directions of the Minister in that behalf, the Board of Health shall provide and maintain for the reception and maintenance of persons in the County eligible for relief :—

(a) A County Home at Thomastown for aged and infirm persons, chronic invalids, children, expectant unmarried mothers, harmless lunatics, and idiots.

(b) A County Hospital at Kilkenny for the treatment of medical, surgical, and maternity cases, and cases of infectious and contagious diseases.

(c) A District Hospital at Castlecomer for the treatment of medical and surgical cases.

(d) With the approval of the Minister, such other institutions as they may deem desirable for the relief of the poor in their County.

(ii.) All or any of the above-mentioned institutions may be removed from the places specified in sub-article (i.) to any other place within the County by the County Council with the consent of the Minister.

(iii.) The Board of Health may provide for the reception, maintenance, education or treatment of any person in the County eligible for relief, in any institution not provided or maintained under this article but approved by the Minister, and may pay the charges incurred in the conveyance of such person to and from the same as well as those incurred in his maintenance, education or treatment therein.

(iv.) The Board of Health may admit persons in the County who are not eligible for relief, to any institution provided and maintained under this article, subject to such regulations and conditions as to payment by and accommodation for such persons or otherwise as may be approved by the Minister.

(v.) No person eligible for relief shall be relieved in any institution provided and maintained under this Scheme unless he can be relieved effectively in such institution at less cost than in any other lawful way.

(vi.) The Board of Health shall not maintain or contribute to the support of any institution except as provided in this Article.

Admission to Hospitals.

16. Any of the Medical Officers of the Board of Health shall on receiving an order on the prescribed form from any member of the Board of Health or from any person authorised by the Board of Health in that behalf, examine any person eligible for relief and if in his opinion such person requires treatment in a hospital sign an order on the prescribed form for the admission of such person to any Hospital under the control of the Board of Health and no person eligible for relief shall be admitted to any such hospital except on such order :

Provided that where such person is in urgent need of immediate treatment in such hospital, he may be admitted to such hospital without such order, but in such case such person shall be examined by a Medical Officer of the Board of Health within twenty-four hours of his admission and shall only be retained thereafter on the order of such Medical Officer.

Admission to Homes.

17. No person shall be admitted to any institution other than a hospital provided under this Scheme except on an order on the prescribed form signed by a member of the Board of Health, or by any person authorised for that purpose by the Board of Health.

Non-Institutional Relief.

18. All relief including medical or surgical relief, granted by the Board of Health otherwise than in an institution shall be administered by the Board of Health in accordance with the prescribed regulations in that behalf.

PART III. MISCELLANEOUS.

Recovery of Cost of Relief.

19. Nothing in this Scheme shall be construed so as to diminish the powers and duties transferred to the Board of Health by Article 12 with respect to the enforcement where possible of the repayment of the cost of relief and for the purpose of such enforcement such relief shall be treated as if it had been given by a Board of Guardians, by way of loan under the provisions of Section 55 of the Poor Relief (Ireland) Act, 1838.

Powers of Minister

20. The Board of Health shall observe and carry into effect all orders and directions issued by the Minister with respect to :—

(1) the control and management of Institutions.

(2) the appointment and removal of officers and their duties and qualifications.

(3) any prescribed matter.

PART IV. TRANSITORY PROVISIONS : KILKENNY COUNTY SCHEME.

Governing Body.

21. During the period up to the first meeting of the County Council after the next statutory election of County Councillors the Body established by Article 7 of the Kilkenny County Scheme, as set out in the first Schedule to the Local Government (Temporary Provisions) Act, 1923 , and therein referred to as the "County Board of Health" shall, for all the purposes of this Scheme, be deemed to be the Board of Health:

Provided that Articles 4, 5, 7 and sub-article (i.) of Article 8 shall not apply to the said Body during the said period.

KILKENNY COUNTY SCHEME.

SCHEDULE I.