S.I. No. 128/1949:

HEALTH (DUTIES OF OFFICERS) ORDER, 1949.

HEALTH (DUTIES OF OFFICERS) ORDER, 1949.

The Minister for Health, being the appropriate Minister for the purposes of Part II of the Local Government Act, 1941 (No. 23 of 1941) as respects the offices to which this Order relates, in exercise of the powers conferred on him by Section 20 of the said Act, hereby declares and orders as follows :--

1. This Order may be cited as the Health (Duties of Officers) Order, 1949.

2.--(1) In this Order, the expression " the Minister " means the Minister for Health and other words and expressions have the meanings assigned to them in the Health Act, 1947 (No. 28 of 1947).

(2) Where any enactment mentioned in this order or in the Schedule to this order is amended or extended by a subsequent enactment, any reference in this order or in the said Schedule to the first-mentioned enactment shall be construed as a reference to that enactment as so amended or extended.

3. The duties listed in the Schedule to this order shall be the duties of holders of offices under a health authority of county medical officer, assistant county medical officer, city medical officer, assistant city medical officer, health inspector and sanitary sub-officer.

4. The duties of a holder of an office under a health authority of district medical officer shall be--

(a) to perform such duties relating to the operation of the Health Act, 1947 (No. 28 of 1947) as may be assigned to him ;

(b) to perform such duties as were, on 31st day of March, 1948, imposed by or under enactment generally on holders of the office of medical officer of health of a dispensary district, and

(c) to perform such other duties as may be assigned to holders of the particular office of district medical officer.

5. The Health (Duties of Officers) (Temporary Provisions) Order, 1948 (S.I., No. 103 of 1948) is hereby revoked.

SCHEDULE.

DUTIES OF COUNTY MEDICAL OFFICER.

The county medical officer shall :

(1) advise the county council--

(a) generally in relation to the health of the people and the provision of health services, sanitary services and housing accommodation,

(b) on any questions relating to health matters or sanitary matters in the making and subsequent operation of such bye-laws as the council have power to make and operate,

(c) on the desirability of adopting any of the provisions of any enactment which it may be optional for the county council to bring into operation in or make to apply to the functional area or part of the functional area of the county council,

(d) in connection with the taking of legal proceedings where health or sanitary matters are involved ;

(2) inform himself as respects all influences affecting or threatening to affect injuriously the public health in the county and as respects the causes, origin and distribution of diseases in the county ;

(3) supervise and be responsible to the health authority for the efficient operation of--

(a) the Mother and Child Health Service under Part III of the Health Act, 1947 , and the Regulations made thereunder,

(b) the service in relation to infectious disease and infestation under Part IV of the Health Act, 1947 , and the Regulations made thereunder,

(c) the service in relation to food and drink, under regulations made under Part V of the Health Act, 1947 ,

and perform any duties assigned to him by or under such regulations or in connection with the administration or operation of such services ;

(4) perform such duties in relation to the administration or operation of the Health Act, 1947 , as may be assigned to him from time to time ;

(5) perform such duties as may be assigned to him by or under or in connection with the administration of the Local Government (Sanitary Services) Acts 1878 to 1948, the Labourers' Acts, 1883 to 1948, the Housing of the Working Classes Acts, 1890 to 1948, Sections 132 and 133 of the Factory and Workshop Act, 1901, the Registration of Maternity Homes Act, 1934 , the Milk and Dairies Act, 1935 , the Slaughter of Animals Act, 1935 , the Midwives Act, 1944 and the Housing (Amendment) Act, 1946 ;

(6) to take such steps as he is authorised by law to take for the abatement of nuisances or other conditions injurious to health in the county and supervise the work of the other officers to whom duties relating to the abatement of nuisances are assigned ;

(7) advise as to the organisation of and supervise the operation of any scheme for promoting the welfare of the blind in force in the county under Section 2 of the Blind Persons Act, 1920 ;

(8) furnish on the appropriate form any medical certificate required for National Health Insurance purposes in relation to any patient treated by him :

(9) direct, superintend and co-ordinate in the performance of duties relating to services supervised by him the work of the assistant county medical officers, the district medical officers, the nurses, the health inspectors, the sanitary sub-officers and any other officers ;

(10) prepare as soon as possible after the close of each calendar year and in such form and dealing with such subjects as the Minister may from time to time direct, in addition to any other matters relating to his duties on which it may be considered desirable that he should report, an annual report for such calendar year and furnish to the county council and to the Minister such copies of such report as they may require ;

(11) furnish such special reports and returns as may be required from time to time by the county council or by the Minister or by the Minister for Local Government or by the Minister for Social Welfare ;

(12) perform such duties as may be assigned to him in connection with any inquiry into the state of the public health, the incidence of particular diseases or the adequacy of health, sanitary or housing services in the county ;

(13) furnish any certificate required by the county council for their guidance or for the guidance of a Peace Commissioner for the purpose of legal proceedings under any enactment under which or in connection with which the county medical officer is required to perform any duties and attend any legal proceedings where required to do so by the county council ;

(14) attend, where required, a meeting of the county council and also attend any other meeting or conference held in the State which he is required to attend by the county council or by the Minister ;

(15) where required by the Minister or the county council, give lectures to officers of local authorities on any subject coming within the scope of his duties ;

(16) keep such registers and records as may be required by the Minister or by the Minister for Local Government or by the Minister for Social Welfare or by the county council in connection with the performance of his duties ;

(17) where the district of an urban sanitary authority is situate in the county, perform, where appropriate, in relation to the functions of and for such urban sanitary authority, the like duties which he is required to perform for the county council ;

(18) where a town under the Towns Improvement (Ireland) Act, 1854, which is not an urban district is situate in the county, perform, in respect of the functions of the commissioners of such town under the Local Government (Sanitary Services) Acts, 1878 to 1948 and under the Housing of the Working Classes Acts, 1890 to 1948 the like duties which he is required to perform in respect of the functions of the county council under those Acts ;

(19) observe and execute all lawful orders, directions and instructions that the Minister may hereinafter issue or give and all the lawful orders and directions of the appropriate local authorities which are applicable to his office.

DUTIES OF ASSISTANT COUNTY MEDICAL OFFICER.

1. An assistant county medical officer shall :

(1) assist the county medical officer in the performance of his duties and observe and execute all the lawful orders and directions of the county medical officer ;

(2) perform, under the general supervision of the county medical officer, such of the duties of the office of county medical officer as may be assigned to him from time to time ;

(3) observe and execute all lawful orders, directions and instructions that the Minister may hereinafter issue or give and all the lawful orders and directions of the appropriate local authorities which are applicable to his office.

2. A person holding the office of assistant county medical officer shall, if required by the county council, act temporarily as county medical officer during the absence from duty of the holder of that office or when that office is left vacant by the holder thereof ceasing to hold office or while the holder thereof is suspended from the performance of the duties of that office.

DUTIES OF CITY MEDICAL OFFICER.

The city medical officer shall :

(1) advise the corporation--

(a) generally in relation to the health of the people and the provision of health services, sanitary services and housing accommodation,

(b) on any questions relating to health matters or sanitary matters in the making and subsequent operation of such bye-laws as the corporation have power to make and operate,

(c) on the desirability of adopting any of the provisions of any enactment which it may be optional for the corporation to bring into operation in or make to apply to the functional area or part of the functional area of the corporation,

(d) in connection with the taking of legal proceedings where health or sanitary matters are involved ;

(2) inform himself as respects all influences affecting or threatening to affect injuriously the public health in the county borough and as respects the causes, origin and distribution of diseases in the county borough ;

(3) supervise and be responsible to the health authority for the efficient operation of--

(a) the Mother and Child Health Service under Part III of the Health Act, 1947 and the regulations made thereunder,

(b) the service in relation to infectious disease and infestation under Part IV of the Health Act, 1947 and the regulations made thereunder,

(c) the service in relation to food and drink, under regulations made under Part V of the Health Act, 1947 ,

and perform any duties assigned to him by or under such regulations or in connection with the administration or operation of such services.

(4) perform such duties in relation to the administration or operation of the Health Act, 1947 , as may be assigned to him from time to time ;

(5) perform such duties as may be assigned to him by or under or in connection with the administration of the Local Government (Sanitary Services) Acts, 1878 to 1948, the Housing of the Working Classes Acts, 1890 to 1948, Sections 132 and 133 of the Factory and Workshop Act, 1901, the Registration of Maternity Homes Act, 1934 , the Milk and Dairies Act, 1935 , the Slaughter of Animals Act, 1935 , the Midwives Act, 1944 and the Housing (Amendment) Act, 1946 ;

(6) take such steps as he is authorised by law to take for the abatement of nuisances or other conditions injurious to health in the county borough and supervise the work of the other officers to whom duties relating to the abatement of nuisances are assigned ;

(7) advise as to the organisation of and supervise the operation of any scheme for promoting the welfare of the blind in force in the county borough under Section 2 of the Blind Persons Act, 1920;

(8) furnish on the appropriate form any medical certificate required for National Health Insurance purposes in relation to any patient treated by him ;

(9) direct, superintend and co-ordinate in the performance of duties relating to services supervised by him the work of the assistant city medical officers, the district medical officers, the nurses, the health inspectors, the sanitary sub-officers and any other officers ;

(10) prepare as soon as possible after the close of each calendar year and in such form and dealing with such subjects as the Minister may from time to time direct, in addition to any other matters relating to his duties on which it may be considered desirable that he should report, an annual report for such calendar year and furnish to the corporation and to the Minister such copies of such report as they may require ;

(11) furnish such special reports and returns as may be required from time to time by the corporation or by the Minister or by the Minister for Local Government or by the Minister for Social Welfare ;

(12) perform such duties as may be assigned to him in connection with any inquiry into the state of the public health, the incidence of particular diseases or the adequacy of health, sanitary or housing services in the county borough ;

(13) furnish any certificate required by the corporation for their guidance or for the guidance of a Peace Commissioner for the purpose of legal proceedings under any enactment under which or in connection with which the city medical officer is required to perform any duties and attend any legal proceedings where required to do so by the corporation ;

(14) attend, where required, a meeting of the corporation and also attend any other meeting or conference held in the State which he is required to attend by the corporation or by the Minister ;

(15) where required by the Minister or the corporation, give lectures to officers of local authorities on any subject coming within the scope of his duties ;

(16) keep such registers and records as may be required by the Minister or by the Minister for Local Government or by the Minister for Social Welfare or by the corporation in connection with the performance of his duties ;

(17) observe and execute all lawful orders, directions and instructions that the Minister may hereinafter issue or give and all the lawful orders and directions of the corporation which are applicable to his office.

DUTIES OF ASSISTANT CITY MEDICAL OFFICER.

1. An assistant city medical officer shall :

(1) assist the city medical officer in the performance of his duties and observe and execute all the lawful orders and directions of the city medical officer ;

(2) perform, under the general supervision of the city medical officer, such of the duties of the office of city medical officer as may be assigned to him from time to time ;

(3) observe and execute all lawful orders, directions and instructions that the Minister may hereinafter issue or give and all the lawful orders and directions of the corporation which are applicable to his office.

2. A person holding the office of assistant city medical officer shall, if required by the corporation, act temporarily as city medical officer during the absence from duty of the holder of that office or when that office is left vacant by the holder thereof ceasing to hold office or while the holder thereof is suspended from the performance of the duties of that office.

DUTIES OF HEALTH INSPECTOR.

1. A health inspector, under the direction and supervision of the chief medical officer, shall--

(1) inform himself, by inspection both systematically and as occasion may require, of any conditions injurious to health in the area in which he acts and regularly report thereon to the chief medical officer ;

(2) assist where required any medical officer of health in the exercise of his powers and the performance of his duties under the Health Act, 1947 , the Local Government (Sanitary Services) Acts, 1878 to 1948, the Labourers Acts, 1883 to 1948, and the Housing of the Working Classes Acts, 1890 to 1948, and the regulations made under those enactments and perform such duties as may be assigned to him by or under or in connection with the administration of such Acts or regulations ;

(3) take such steps as he is authorised by law to take for the abatement of nuisances or other conditions injurious to health ;

(4) inspect from time to time and supervise generally all waterworks, public water supplies, sewers and sewerage works maintained by the corporation or county council in the area in which he acts and report immediately to the chief medical officer all cases of suspected impure water, insufficient water supply or defective sewerage ;

(5) if appointed by the corporation or county council to be a milk sampling officer for the purposes of the Milk and Dairies Act, 1935 , perform in the area in which he acts the duties of such an officer under that Act or any regulations for the time being in force thereunder ;

(6) if duly authorised in that behalf by the corporation or county council act as and perform in the area in which he acts the duties of an inspecting officer for the purpose of the Milk and Dairies Act, 1935 , or any regulations for the time being in force thereunder ;

(7) if and when so duly authorised by the corporation or county council perform the functions of an inspector of nuisances under the Sale of Food and Drugs Acts, 1875 to 1936 ;

(8) if and when so duly authorised by the corporation or county council, exercise in the area in which he acts the powers conferred on an officer of a sanitary authority by the Slaughter of Animals Act, 1935 , and the regulations made thereunder ;

(9) perform such duties in relation to the operation of Part VI of the Shops (Conditions of Employment) Act, 1938 , as may be assigned to him by the corporation or county council ;

(10) perform such duties in relation to the operation of the Rats and Mice Destruction Act, 1919, as may be assigned to him by the corporation or county council ;

(11) direct and supervise any sanitary sub-officers appointed for the area in which he acts in the performance of their duties and be responsible to the chief medical officer for the prompt and efficient discharge of those duties and report immediately to the chief medical officer any failure or neglect of a sanitary sub-officer to carry out the duties of his office ;

(12) report from time to time to the chief medical officer as to whether or not the sanitary bye-laws and regulations of the corporation or county council are being observed in the area in which he acts ;

(13) attend, where required, a meeting of the corporation or county council and also attend any other meeting or conference held in the State which he is required to attend by the Minister or by the corporation or county council or by the chief medical officer ;

(14) when required by the Minister or the health authority, give lectures to officers of local authorities on any subject coming within the scope of his duties ;

(15) keep such registers and records and furnish such reports as may be required by the corporation or county council or by the chief medical officer in connection with the performance of his duties ;

(16) where the district of an urban sanitary authority is situate wholly or partly in the area in which he acts, perform where appropriate for such urban sanitary authority, the like duties which he is required to perform for the corporation or county council ;

(17) where a town under the Towns Improvement (Ireland) Act, 1854, which is not an urban district is situate wholly or partly in the area in which he acts, perform in respect of the functions of the commissioners of such town under the Local Government (Sanitary Services) Acts, 1878 to 1948, and under the Housing of the Working Classes Acts, 1890 to 1948, the like duties which he is required to perform in respect of the functions of the corporation or county council under those Acts.

2. A health inspector shall observe and execute all lawful orders, directions and instructions that the Minister may hereinafter issue or give and all the lawful orders and directions of the appropriate local authorities and the chief medical officer which are applicable to his office.

DUTIES OF SANITARY SUB-OFFICER.

1. A sanitary sub-officer under a health authority shall perform for the corporation or county council and, where the district of an urban sanitary authority is situate wholly or partly in his area, for such urban sanitary authority, the duties which were prescribed in the appropriate sanitary order for the office of sanitary sub-officer under a sanitary authority and any reference in those duties to the sanitary authority shall be construed where appropriate as a reference to the health authority.

2. Where there is a health inspector acting in the area in which a sanitary sub-officer acts, the sanitary sub-officer shall perform his duties under the direction and supervision of such health inspector.

3. In this part of this Schedule, the expression " appropriate sanitary order " means--

(a) in respect of duties in a rural district, Sanitary Order No. 1 of 3rd May, 1900 ;

(b) in respect of duties in an urban district, Sanitary Order No. 2 of 3rd May, 1900 ;

(c) in respect of duties in one of the county boroughs of Cork, Limerick or Waterford, Sanitary Order No. 3 of 3rd May, 1900, and

(d) in respect of duties in the County Borough of Dublin, Sanitary Order No. 4 of 3rd May, 1900.

GIVEN under the Official Seal of the Minister for Health this thirteenth day of May One Thousand, Nine Hundred and Forty-nine.

(Signed) NOËL C. BROWNE,

Minister for Health.