S.I. No. 117/1994:

CORK HOSPITALS BOARD (ESTABLISHMENT) ORDER, 1966 (REVOCATION) ORDER, 1994.

CORK HOSPITALS BOARD (ESTABLISHMENT) ORDER, 1966 (REVOCATION) ORDER, 1994.

The Minister for Health, in exercise of the powers conferred on him by section 7 of the Health (Corporate Bodies) Act, 1961 , (No. 27 of 1961) hereby orders as follows:

1. This Order may be cited as the Cork Hospitals Board (Establishment) Order, 1966 (Revocation) Order, 1994.

2. In this Order--

"the Board" means the Cork Hospitals Board,

"the Health Board" means the Southern Health Board,

"the appointed day" means the 3rd day of May, 1994.

3. On the appointed day, the Cork Hospitals Board (Establishment) Order, 1966 ( S.I. No. 133 of 1966 ) shall be revoked and the Board shall be dissolved.

4. The following provisions shall apply in relation to the dissolution of the Board:

(1) ( a ) All property, whether real or personal (including choses-in-action) which, immediately before the appointed day was vested in or belonged to or was held in trust for the Board and all rights, powers and privileges relating to or connected with any such property shall on the said day, without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become and be vested in or the property of or held in trust for (as the case may require) the Health Board for all the estate, term or interest for which the same immediately before the appointed day was vested in or belonged to or was held in trust for the Board but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

( b ) All property transferred by this paragraph which immediately before the appointed day was standing in the books of any bank or was registered in the books of any bank, corporation or company in the name of the Board, shall upon the request of the Health Board made at any time after the said day, be transferred in such books by such bank, corporation or company into the name of the Health Board.

( c ) After the appointed day, every chose-in-action transferred by this paragraph from the Board to the Health Board may be sued upon, recovered or enforced by the Health Board and it shall not be necessary for the Health Board to give notice to the person bound by such chose-in-action of the transfer affected by this paragraph.

(2) ( a ) Every debt and other liability (including mortgage debts and also including unliquidated liabilities arising from tort or breach of contract) which immediately before the appointed day was owing and unpaid or had been incurred and was undischarged by the Board shall, on the said day, become and be the debt or liability of the Health Board and shall be paid or discharged by and may be recovered from or enforced against the Health Board accordingly.

( b ) The dissolution of the Board shall not invalidate or affect any paying order which may have been issued by the Board and not presented for payment before the appointed day or any authority given by the Board for the payment of the amount of such paying order, and the Health Board shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the said day.

(3) Every bond, guarantee or other security of a continuing character made or given by the Board to another person or by any person to the Board and in force immediately before the appointed day and every contract or agreement in writing made between the Board and another person and not fully executed and completed before the said day shall, notwithstanding the dissolution of the Board, continue in force after the said day but shall be construed and have effect as if the name of the Health Board were substituted therein for the name of the Board and such security, contract or agreement shall be enforceable by or against the Health Board accordingly.

(4) Every resolution passed, order made, and notice served by the Board before the appointed day the operation, effect or term of which had not ceased or expired before the said day shall, after the said day continue in force and have effect as if it were a resolution passed, order made or notice served by the Health Board on the date on which the same was actually passed, made or served by the Board and as if the functions of the Board were, on the said date, performable by the Health Board.

(5) In every action, suit, prosecution or other proceeding which stood pending immediately before the appointed day in any court or tribunal and to which the Board was a party, the Health Board shall on the said day become and be a party in the place of the Board and such proceeding shall be continued between the Health Board and the other parties thereto accordingly, and no such proceeding shall abate or be discontinued, or be prejudicially affected by reason of the dissolution of the Board.

(6) ( a ) All books and other documents directed or authorised by or under any statute or statutory instrument to be kept by the Board and which, immediately before the appointed day, would be receivable in evidence shall notwithstanding the dissolution of the Board be admitted in evidence after the said day as fully as if the Board had not been dissolved.

( b ) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any statute or statutory instrument to be kept by the Board would, if verified in a particular manner by a particular officer of the Board, have been admissible immediately before the appointed day as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if certified in such particular manner by the Health Board be admitted, after the said day, as evidence of such contents to the same extent as such first mentioned extract or certificate would have been so admitted if the Board had not been dissolved.

GIVEN under the Official Seal of the Minister for Health, this

3rd day of May, 1994.

BRENDAN HOWLIN,

Minister for Health.

EXPLANATORY NOTE.

The effect of this Order is to dissolve the Cork Hospitals Board established as a corporate body by the Health (Corporate Bodies) Act, 1961 by S.I. No. 133 of 1966 and to transfer its assets to the Southern Health Board.