S.I. No. 290/1977:

CORK VOLUNTARY HOSPITALS BOARD (ESTABLISHMENT) ORDER, 1977.

CORK VOLUNTARY HOSPITALS BOARD (ESTABLISHMENT) ORDER, 1977.

The Minister for Health in exercise of the powers conferred on him by sections 3 to 6 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961), hereby orders as follows:--

1. This Order may be cited as the Cork Voluntary Hospitals Board (Establishment) Order, 1977.

2. A body to be known as Bord Ospidéal Saorálach Chorcaí or, in the English language, the Cork Voluntary Hospitals Board, is hereby established.

3. In this Order--

"the Board" means the Cork Voluntary Hospitals Board established by this Order;

"the Chairman" means the Chairman for the time being of the Board;

"the Minister" means the Minister for Health;

"the governing body" means--

( a ) in relation to the Mercy Hospital, Cork--the Trustees of the Mercy Hospital;

( b ) in relation to the North Charitable Infirmary, Cork--the joint committee of management of that hospital;

( c ) in relation to the South Charitable Infirmary and County Hospital, Cork--the joint committee of management of that hospital;

( d ) in relation to the Victoria Hospital Cork (Incorporated)-- the council of that hospital;

( e ) in relation to the Incorporated Cork Eye, Ear and Throat Hospital--the general committee of that hospital.

4. The participating hospitals of the Board shall be:

( a ) the Mercy Hospital, Cork,

( b ) the North Charitable Infirmary, Cork,

( c ) the South Charitable Infirmary and County Hospital, Cork,

( d ) the Victoria Hospital Cork (Incorporated) and

( e ) the Incorporated Cork Eye, Ear and Throat Hospital.

5. (1) The following functions in relation to the participating hospitals (in this Order referred to as the functions of the Board) shall be performed by the Board:--

( a ) the co-ordination of services provided by the participating hospitals;

( b ) subject to the approval of Comhairle na nOspidéal, the appointment and assignment to individual participating hospitals (including joint appointments) of consultant medical staffs and such other officers and staffs as may be prescribed for the purposes of section 41 (1) (b) (i) of the Health Act, 1970 (No. 1 of 1970) (all such appointments being to the Board and not to the participating hospitals);

( c ) the approval of joint staff appointments other than consultant medical staffs and such other officers and staffs referred to in paragraph ( b ), to two or more participating hospitals;

( d ) the control of capital expenditure (that is to say expenditure in respect of major structural undertakings, expenditure in respect of the provision and renewal of equipment for specialised units and all other expenditure of an exceptional or extraordinary nature) and of applications for funds for such expenditure prior to their submission for the approval of the Minister;

( e ) the examination and approval of annual estimates and supplementary estimates of expenditure on the running of the hospitals and the examination and approval of any amendments to such estimates prior to their submission for the approval of the Minister;

( f ) the determination of the form of accounts to be kept by the hospitals subject to any directions which may be issued by the Minister.

(2) The Board may, with the consent of the Minister and in accordance with any directions which he may give, provide and maintain a hospital other than a participating hospital.

6. The Board shall consist of twenty members, appointed as follows:--

( a ) three by the governing body of each participating hospital--one of whom shall be the Chairman or vice-Chairman of the governing body (as may be appointed by the governing body) and two other members of each such governing body,

( b ) four by the Southern Health Board--three of whom shall be members of the said Board and one of whom shall be the Chief Executive Officer of the said Board or an officer of the said Board nominated by him,

( c ) one by University College, Cork.

7. The term of office of a member of the Board shall, unless he sooner dies, resigns, or ceases to be a member under article 9 of this Order, terminate--

( a ) in the case of a member of the Board, other than a member referred to in sub-articles (b) and ( c ) of this article--at the end of five years in respect of the first members of the Board and, in respect of subsequent members of the Board--at the end of such period, not exceeding three years, as may be determined by the body appointing such members;

( b ) in the case of a member appointed by the Southern Health Board who, on appointment, was a member of the Southern Health Board--on the day of the first meeting of the Southern Health Board after an appointment of members made following a quinquennial election of the members of the local authorities appointing members of the said Health Board;

( c ) in the case of a member, who, on appointment, was the holder of an office under the body making the appointment, on his ceasing to hold such office during the period of his membership of the Board.

8. In the event of a casual vacancy arising through the death, resignation or cessation of membership under article 9 of this Order, of a member of the Board, the appropriate appointing body shall fill the vacancy and the person so appointed shall hold office as a member of the Board for the unexpired period of the term of office of the said member.

9. A member shall cease to be a member of the Board on his being requested by the Minister to resign, following a request to the Minister to exercise this function--

( a ) from the body by whom the said member was appointed, or

( b ) contained in a resolution of the Board in favour of which not less than two-thirds of the members of the Board shall have voted.

10. The Board shall at its first meeting and at each annual meeting elect a chairman and vice-chairman.

11. The quorum of the Board shall be seven.

12. (1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The Board shall have power to adopt standing orders governing the procedures to be followed at its meetings and the performance of its functions generally.

13. The proceedings of the Board shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointment of the Board or any member thereof.

14. (1) The Chairman may, at any time, call a meeting of the Board.

(2) If the Chairman refuses or fails to call a meeting of the Board after a requisition for that purpose signed by five members of the Board has been presented to him, any five members of the Board may forthwith, on that refusal, call a meeting of the Board, and, if the Chairman (without so refusing) does not, within seven days after the presentation of the requisition, call a meeting of the Board, any five members of the Board may call a meeting of the Board.

15. At a meeting of the Board--

( a ) the Chairman shall, if he is present, be chairman of the meeting;

( b ) if the Chairman is not present, the vice-chairman shall be chairman of the meeting;

( c ) if neither the Chairman nor the vice-chairman is present the members of the Board who are present shall choose one of their number to be chairman of the meeting.

16. Minutes of the proceedings of each meeting of the Board shall be entered in a book kept for that purpose and shall be signed by the Chairman of the meeting or of the next ensuing meeting.

17. (1) The names of the members present at a meeting of the Board shall be recorded in the minutes of the proceedings of the Board.

(2) Where a vote is taken on any question arising at a meeting of the Board, the minutes shall show which members voted for and which against the question.

18. (1) A person shall not receive any remuneration for acting as a member of the Board.

(2) Members of the Board may be paid travelling and subsistence allowances in accordance with such scale as may from time to time be approved by the Minister.

19. (1) All acts of the Board and all questions coming or arising before the Board may be done and decided by the majority of such members of the Board as are present and where a vote is considered necessary, by vote at a meeting of the Board.

(2) In case of equality of votes on any question arising at a meeting of the Board, the Chairman of the meeting shall have a second or casting vote.

20. (1) The Board may appoint committees, which may include persons who are not members of the Board, to assist the Board in relation to aspects of its day-to-day business and to furnish advice on particular aspects of its functions.

(2) Any committee so appointed shall act subject to such directives as may be given by the Board, and any expenditure of monies by such committee shall be subject to the approval of the Board.

21. The seal of the Board shall be authenticated by the signature of the Chairman or some other member of the Board duly authorised by the Board to act in that behalf and the signature of an Officer of the Board duly authorised by the Board to act in that behalf.

22. (1) The Board shall cause to be kept proper accounts of all income and expenditure of the Board, and of the sources of such income and the subject matter of such expenditure, and of the property, credits and liabilities of the Board.

(2) The financial year of the Board shall be the period of twelve months ending on the 31st day of December in any year, and for the purposes of this provision the period commencing on the date of this Order and ending on 31st December, 1977, shall be deemed to be a financial year.

(3) A statement of accounts of the Board for each financial year shall, as soon as may be after the end of such financial year, be prepared and after such preparation be audited by and be subject to a report by an auditor appointed for the purposes by the Minister after consultation with the Board.

(4) The expenses generally of such audit shall be paid by the Board as soon as may be after each audit.

(5) A copy of the accounts and the auditor's certificate and report thereon shall be presented to the members of the Board and to the Minister.

(6) The Board and the officers thereof shall, whenever so requested by the Minister, permit any person appointed by him to examine the books and accounts of the Board in respect of any financial year or other period and shall facilitate any such examination.

23. (1) The Board shall, in each year, not later than such day as the Minister shall direct, make a report to the Minister of its activities during the preceding year.

(2) The Board shall submit to the Minister such information regarding the performance of its functions as the Minister may from time to time require.

24. (1) The Board may appoint such and so many officers and employ such and so many servants as the Board may, from time to time, think proper and in appointing any officer or employing any servant the Board shall comply with any directions given by the Minister relating to the procedure to be followed.

(2) Every officer of the Board holding office in a permanent capacity shall cease to hold office on attaining the age of sixty-five years.

(3) The Board shall determine the remuneration and conditions of service of each officer and each servant.

(4) The Board shall, from time to time, assign such duties as they consider appropriate to each officer and servant of the Board and each such officer and servant shall perform the duties so assigned to him.

(5) The Minister may, whenever and so often as he thinks fit, declare that any of the powers conferred on the Board by this article shall be exercisable only with the consent of the Minister, and whenever any such declaration is in force, the said powers may, in relation to any office or employment to which the declaration applies, be exercised only with such consent.

25. The Local Government (Superannuation) Act, 1956 (No. 10 of 1956) shall apply to the Board as if it were a local authority.

26. (1) For the purpose of the performance of its functions, the Board may, with the consent of the Minister, borrow money and purchase or take on lease any land.

(2) The Board may, with the consent of the Minister, sell, exchange, let or otherwise dispose of any land vested in it.

27. (1) The Board may accept gifts of money, land and other property upon such trusts and conditions, if any, as may be specified by the donor.

(2) The Board may not accept a gift if the conditions attached by the donor to its acceptance are not consistent with the functions of the Board.

GIVEN under the Official Seal of the Minister for Health this

9th day of September, 1977.

CHARLES J. HAUGHEY,

Minister for Health.

EXPLANATORY NOTE.

The effect of this Order is to establish under the Health (Corporate Bodies) Act, 1961 , a body to be known as the Cork Voluntary Hospitals Board which will co-ordinate the services being provided by the Mercy Hospital, Cork, the North Charitable Infirmary, Cork, the South Charitable Infirmary and County Hospital, Cork, the Victoria Hospital, Cork (Incorporated) and the Incorporated Cork Eye, Ear and Throat Hospital. The Board will also have functions in relation to the provision of certain medical staff to the participating hospitals and in relation to the annual estimates of expenditure of these hospitals. It will also control the capital expenditure of the hospitals.