S.I. No. 228/1996:

THE HEALTH ACT 1970 (SECTION 76) (ADELAIDE AND MEATH HOSPITAL DUBLIN INCORPORATING THE NATIONAL CHILDREN'S HOSPITAL) ORDER, 1996

THE HEALTH ACT 1970 (SECTION 76) (ADELAIDE AND MEATH HOSPITAL DUBLIN INCORPORATING THE NATIONAL CHILDREN'S HOSPITAL) ORDER, 1996

WHEREAS the Meath Hospital or County of Dublin Infirmary has its origins in an institution opened in a house on the Upper Coombe near Meath Street, on the 2nd day of March, 1753, in the Earl of Meath's Liberty by four surgeons, Alexander Cunningham, Redmond Boate, David McBride and Henry Hawkshaw,

AND WHEREAS certain events in, and matters otherwise relating to, the subsequent history of the said hospital are set out in Part I of the Schedule to this Order,

AND WHEREAS the National Children's Hospital was founded as a hospital for sick children in 1821 by Dr. Henry Marsh (later Sir Henry Marsh), Dr. Philip Crampton (later Sir Philip Crampton), and Dr. Charles Johnson, as the first teaching children's hospital in Ireland and Britain with the following objectives; to afford medical and surgical aid to sick children, to give students the opportunity of acquiring a knowledge of infantile diseases which clinical instruction alone can impart and to extend information to mothers and nurses as regards the proper management of children, both in health and disease,

AND WHEREAS certain events in, and matters otherwise relating to, the subsequent history of the said hospital are set out in Part II of the Schedule to this Order,

AND WHEREAS Dr. Albert Walsh, later President of the Royal College of Surgeons of Ireland, founded with others `The Adelaide Institution and Protestant Hospital' at 39, Bride Street, Dublin in 1839 which was closed in 1848 and re-opened as The Adelaide Hospital at numbers 24 and 25 Peter Street, Dublin in 1858 as an essentially Religious and Protestant Institution,

AND WHEREAS certain events in, and matters otherwise relating to, the subsequent history of the said hospital are set out in Part III of the Schedule to this Order,

AND WHEREAS by virtue of the Tallaght Hospital Board (Establishment) Order, 1980 ( S.I. No. 38 of 1980 ), the Tallaght Hospital Board was established, the membership of which consists of, among others, representatives of the Adelaide Hospital, Dublin, the Meath Hospital and the National Children's Hospital,

AND WHEREAS the said Order specifies the functions of the Tallaght Hospital Board to be, inter alia, to plan, build, equip and furnish a general and teaching hospital at Tallaght,

AND WHEREAS it has been agreed between the hospital boards of the Adelaide Hospital, Dublin, the Meath Hospital and the National Children's Hospital that the activities of each of those hospitals should be combined and carried on, by the one body corporate,

AND WHEREAS the said hospital boards are desirous that the letters patent of the 27th day of November, 1920, granting incorporation to the Adelaide Hospital, Dublin, as amended by the Adelaide Hospital (Charter Amendment) Order, 1980 ( S.I. No. 374 of 1980 ), be amended for the purpose of enabling the said agreement to be carried into effect,

NOW I Michael Noonan, Minister for Health, on the application of the governing body, being the above-mentioned hospital board, of the Adelaide Hospital, Dublin and in exercise of the powers conferred on me by section 76 of the Health Act, 1970 (No. 1 of 1970), after consultation with the Commissioners of Charitable Donations and Bequests for Ireland, hereby order as follows:--

1. This Order may be cited as the Health Act, 1970 (Section 76) (Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital) Order, 1996.

2. This Order shall come into operation on the 1st day of August, 1996.

3. In this Order "the Charter" means the letters patent of the 27th day of November, 1920, granting incorporation to the Adelaide Hospital, Dublin, as amended by the Adelaide Hospital (Charter Amendment) Order, 1980 ( S.I. No. 374 of 1980 ).

4. (1) For the purposes of the re-organisation of the provision of hospital services in connection with which this Order is made, a body corporate shall stand established on the commencement of this Order which shall be known as the Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital and is referred to in this Order as "the Hospital".

(2) Notwithstanding anything in the Charter, the provisions of the Charter shall, in lieu of applying or having effect in relation to the body incorporated by that Charter, being the Adelaide Hospital, Dublin, be deemed to apply and have effect in relation to the Hospital.

(3) (a) The Adelaide Hospital, Dublin shall have all such powers as are necessary to enable it to wind up its affairs or otherwise deal with any property rights or liabilities of it and, in particular, may execute or join in any contract, conveyance, assurance, lease, assignment, mortgage, release, surrender or other like instrument.

(b) The Adelaide Hospital Society (within the meaning of the Charter) may appoint one or more persons to exercise on behalf of the Adelaide Hospital, Dublin any of the said powers and the exercise of any of the said powers by a person or persons so appointed shall be as good and valid in law as the exercise of any like power by the hospital board of the Adelaide Hospital, Dublin before the transfer day.

(c) The Adelaide Hospital Society may revoke the appointment of any person or persons under this paragraph.

(e) by the substitution of the following Clause for Clause (5):

"(5) That the objects for which the Hospital is established and incorporated are:--

(a) To operate the hospital premises that are to be built by the Tallaght Hospital Board at Tallaght, County Dublin, (hereafter in this Charter referred to as the `Hospital Premises') as a public voluntary teaching hospital and, in particular, to carry on at those premises when the building of them is completed and, pending such completion, at the respective premises of the hospitals hereafter mentioned in this provision, the activities carried on by the Adelaide Hospital, Dublin, the Meath Hospital and the National Children's Hospital immediately before the commencement of the Health Act, 1970 (Section 76) (Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital) Order, 1996 (hereafter in this Charter referred to as `the transfer day') and, for those purposes, to assume responsibility for--

(i) the hospital services and equipment provided and held by each of the said hospitals immediately before the transfer day,

(ii) ensuring that persons who retired as members of the staff of the Adelaide Hospital, Dublin, the Meath Hospital or the National Children's Hospital before the transfer day (whether they are persons who held contracts of service or contracts for service) and in respect of whom any of the said hospitals provided entitlements to pensions and other rights continue to enjoy the said entitlements,

(iii) any surplus or deficit arising from the annual financial determinations by the Minister on behalf of the Eastern Health Board which pertain to the hospital boards of the said hospitals in respect of services rendered by each of the said hospitals prior to the transfer day but excluding the property and capital assets (including private funds) of the Adelaide Hospital Society, any body which for the time being assumes the functions of, or acts as successor to, the Meath Hospital and any body which for the time being assumes the functions of, or acts as successor to, the National Children's Hospital, and

(iv) all rights and liabilities in respect of contracts and other choses-in-action and legal proceedings enjoyed by each of the said hospitals, or to which each of them was subject, immediately before the transfer day (and, accordingly all such rights and liabilities shall stand vested in the Hospital upon the transfer day without any assignment and it shall not be necessary for the Hospital or any of the said hospitals to give notice to the person bound by any such chose-in-action of the transfer effected by this provision).

(b) On and after such day or days as may be determined by the Minister, to perform the functions conferred on and assume the responsibilities and liabilities of the Tallaght Hospital Board established by the Tallaght Hospital Board (Establishment) Order, 1980 ( S.I. No. 38 of 1980 ), and to perform the functions (in particular as respects teaching agreements, employment contracts of staff and all other contracts) performed in relation to the Adelaide Hospital, Dublin, the Meath Hospital and the National Children's Hospital by the Central Council of the Federated Dublin Voluntary Hospitals under the Hospitals Federation and Amalgamation Act, 1961 .

(c) To promote and secure the availability, as a matter between the patient and his or her doctor, of such medical and surgical procedures as may lawfully be provided within the State from time to time within the Hospital Premises and any other hospital or medical establishment operated by the Hospital or for the purposes of services otherwise provided by it; the Hospital will ensure the availability of an adequate range of staff to enable this object to be achieved but not so as to prejudice the rights of conscience of individual members of staff of the Hospital, including medical and consultant staff with a contract for medical or surgical services to the Hospital, staff transferred from the Adelaide Hospital, Dublin, the Meath Hospital, the National Children's Hospital and the Central Council of the Federated Dublin Voluntary Hospitals, and staff appointed by the Board.

(d) To provide for the treatment of diseases and illnesses requiring medical and surgical relief for persons, whether adults or children, and to provide such relief either gratuitously or otherwise.

(e) To provide as far as possible for the health, happiness and welfare of children and adults accepted as patients.

(f) To manage the Hospital Premises and services provided by it in the interests of patients.

(g) To provide and maintain instruction in medicine and surgery in connection with the treatment of diseases and illnesses and the promotion of health, and so far as conveniently may be to encourage, undertake and promote medical research and education at both the undergraduate and postgraduate levels and the investigation of diseases and illnesses by means of lectures and demonstrations delivered in the Hospital Premises or elsewhere and by the preparation and publication of records and reports or otherwise as may seem desirable.

(h) To establish and support a Faculty of Health Sciences within which there shall be a single College of Nursing, a School of Postgraduate Medical Studies and schools for such other medical and health science disciplines as may be required. The said College of Nursing shall comprise the following schools, namely, the Meath School of Nursing, the Adelaide School of Nursing and the National Children's Hospital School of Sick Children's Nursing, each of which shall be autonomous for the purpose of performing its functions under Clause 24(3) as respects the admission of students to the said College. Each of the said schools may provide for aspects of nurse training or education or for nursing research or development either in relation to its own entrants or for the College of Nursing in general as may be determined by the Board.

(i) To accept students of such medical schools as it recognises for the purposes of this paragraph for training in general and paediatric medicine, surgery, and other relevant disciplines upon such terms as it may think fit and generally to act as an institution for the training of medical personnel at both undergraduate and postgraduate levels.

(j) To maintain the Fundamental Principle upon which the Adelaide Hospital, Dublin was established, namely, that it should be an essentially Religious and Protestant Institution, by maintaining the Hospital as a focus for Protestant participation in the health services and thereby preserving its particular denominational ethos. While maintaining this focus and preserving the denominational ethos, freedom of conscience and the free profession and practice of religion by all within the establishments operated by the Hospital are equally affirmed and guaranteed. The Hospital will therefore have a multi-denominational and pluralist character. It is recognised in particular that religious welfare is part of the total welfare of the patient and the support of such religious welfare by chaplains of each major denomination is essential to the attainment of that object.

(k) To employ or hire by means of contracts of service or contracts for services such persons as may be required to enable the objects of the Hospital to be achieved. The Board shall ensure that all appointments of persons as members of the Hospital's staff are on the basis of merit, that the procedures in making any such appointment are fair and equitable and adhere to any Industrial Relations Protocol referred to in Clause (19). The decision of the Board as to the merits of any particular person for such an appointment shall be final.

(l) To develop the tradition of voluntary support groups for the activities of the Hospital, in particular through the bodies referred to in subparagraphs (a), (b) and (c) of Clause (12)(3).

(m) To continue close co-operation with the health boards or other health agencies in whose area of operation the establishments operated by the Hospital are situate in providing complementary services in the interests of the patients of the Hospital and of the health of the population served by the Hospital.

(n) To solicit and receive subscriptions and gifts of all kinds whether absolute or conditional for the purposes of the Hospital.

(o) To take over, acquire, administer, manage, maintain or make appropriate provision for the working of any other hospital or any convalescent home, or medical institution or residence for nurses or residence for students or institution or college for training nurses and the provisions of this Charter shall apply to such hospital, convalescent home, or medical institution or residence for nurses or residence for students or institution or college for training nurses so taken over, acquired, administered, managed, maintained, or in relation to which provision is so made, as if it were part of the Hospital Premises.

(p) To promote and develop paediatric medicine and surgery in the State by developing the work heretofore carried out by the National Children's Hospital and to associate all paediatric services with the name of the National Children's Hospital.

(q) To maintain and develop sick children's nursing within the College of Nursing and to associate such sick children's nursing with the name of the National Children's Hospital.

(r) To promote preventive medicine, health education and health care in the Hospital Premises, in the provision otherwise of hospital services in local communities and generally as may seem desirable.

(s) Generally to do all things necessary or expedient for the proper and effective carrying out of any of the objects aforesaid."

(f) by the deletion of Clause (6);

(g) by the substitution of the following Clause for Clause (7):

"(7) The freedom of conscience and the rights of conscience and the free profession and practice of religion by all associated with the Hospital and in particular the members of staff of the Hospital (including such members transferred from the Adelaide Hospital, Dublin, the Meath Hospital and the National Children's Hospital) are affirmed and guaranteed.";

(h) by the deletion of Clauses (8) and (11);

(i) by the substitution of the following Clause for Clause (12):

"(12)(1) There shall be a Board of the Hospital (in this Charter, other than Clause 16, referred to as 'the Board').

(2) The general function of the Board shall be to manage the activities of the Hospital and the services provided by it.

(3) The Board shall consist of 23 members who shall be appointed as follows:

(a) 6 members shall be appointed by The Adelaide Hospital Society;

(b) 6 members shall be appointed by The Meath Hospital;

(c) 3 members shall be appointed by The National Children's Hospital;

(d) 6 members shall be appointed by the Minister from among the persons nominated by the President under Clause (13);

(e) 2 members shall be appointed by the Minister, one of whom shall have been nominated by the Eastern Health Board (or any successor to its functions) for such appointment and the other of whom shall have been nominated by the Board of Trinity College, Dublin, for such appointment.

(4) The Paediatric Medical Advisory Committee referred to in Clause (16) may propose one or more persons for appointment by the National Children's Hospital as a member or members of the Board under paragraph (3)(c).

(5) The Medical Board referred to in Clause (16) may propose one or more persons for appointment by the Adelaide Hospital Society and by the Meath Hospital as a member or members of the Board under paragraphs (3)(a) and (3)(b), respectively.

(6) One at least of the persons appointed as members of the Board under each of the following provisions, namely, sub-paragraphs (a), (b) and (c) of paragraph (3), shall, at the time of his or her appointment, hold a consultant medical post with the Hospital.

(7) Each body referred to in sub-paragraphs (a), (b) and (c) of paragraph (3) may in its discretion --

(a) decide to hold an election in such manner as it may determine for the purposes of determining whom it shall appoint as a member of the Board for the purposes of paragraph (6),

or

(b) adopt such other method for appointing a member aforesaid for the purposes of paragraph (6), including by way of the delegation of the making of the decision as to the person to be so appointed to the Medical Board referred to in Clause (16) or, as the case may be, to the Paediatric Medical Advisory Committee referred to in the said Clause.

(8) The bodies referred to in sub-paragraphs (a), (b) and (c) of paragraph (3) may enter into an agreement between themselves as to the manner in which each of them shall exercise the powers under paragraph (7) and such an agreement may provide for a uniform method of appointing persons as members of the Board for the purposes of paragraph (6).

(9) If a body referred to in subparagraph (a), (b) or (c) of paragraph (3) fails or neglects to make any appointment required to be made under the said sub-paragraph (a), (b) or (c), as appropriate-

(a) in the case of a first such appointment falling to be made after the transfer day, within 3 months after the transfer day,

(b) in the case of a subsequent such appointment falling to be made (including as a result of a casual vacancy occurring), within 3 months after the vacancy in the office of the member concerned has arisen,

the Board may make the appointment by co-option; the following provisions shall apply as respects such an appointment by the Board:

(i) where the body aforesaid in default would, if it had made the appointment, have been required to appoint such a person in order to comply with paragraph (6), then the person to be appointed shall be a person who, at the time of his or her appointment, holds a consultant medical post with the Hospital,

(ii) the Board may, for the purpose of determining the particular holder of such a post to be appointed, adopt any method the body aforesaid in default could, if it had made the appointment, have adopted for that purpose (including a method provided for in an agreement entered into by the body under paragraph (7)),

(iii) the Board may, for the purpose of paragraph (4) or (5) of Clause (15), declare a person appointed under this paragraph to have been appointed under Clause (12)(3)(a) or, as appropriate, (12)(3)(b) and where the Board makes such a declaration the person concerned shall be regarded, for the purpose of the said paragraph (4) or (5), as the case may be, as having been appointed under Clause (12)(3)(a) or (12)(3)(b), as appropriate.

(10) (a) Any power conferred by this Clause to appoint a person as a member of the Board includes the power to appoint a person to fill a casual vacancy that may arise in the office of that member and the exercise of the said power shall be subject to the like conditions and to compliance with the like procedures as the exercise of the first-mentioned power is specified by this Charter to be subject to.

(b) Any power conferred by this Charter to recommend or nominate a person for appointment as a member of the Board includes the power to recommend or nominate a person for appointment as such a member for the purpose of filling a casual vacancy that has arisen in the office of such a member and -

(i) the exercise of the said power ('the second mentioned-power') shall be subject to the like conditions and to compliance with the like procedures as the exercise of the first mentioned power is specified by this Charter to be subject to,

(ii) the provisions of this Charter that apply to a recommendation or nomination made pursuant to the first mentioned power shall apply to a recommendation or nomination made pursuant to the second-mentioned power.";

(j) by the substitution of the following Clause for Clause (13):

"(13) (1) (a) There shall be a President of the Hospital (in this Charter referred to as 'the President').

(b) The President shall be the person who is for the time being the Church of Ireland Archbishop of Dublin.

(2) (a) It shall be the duty of the President to protect the ethos of the Hospital as set out in this Charter; if any dispute arises concerning that ethos, the President may appoint a Visitor to investigate the dispute and make a recommendation in relation to its resolution.

(b) The President may nominate 6 or more persons for appointment by the Minister as members of the Board under Clause (12)(3)(d).

(c) The President shall only make a nomination aforesaid -

(i) after having received notification of the name of every person the bodies referred to in sub-paragraphs (a), (b) and (c) of Clause (12)(3) ('the relevant bodies') propose to appoint under the said sub-paragraph (a), (b) or (c) ('the relevant provisions'), not being a person the appointment of whom is to be made for the purpose of filling a casual vacancy only,

and

(ii) after consultation with the leaders of such other major Protestant Churches in the State as the President determines ought to be consulted in relation to the making of such a nomination.

(d) In making nominations aforesaid, the President shall have regard to the need that the persons nominated reflect the position of the Hospital as a focus for participation by Protestant denominations in the health service and also the need to consider the position of all the communities being served by the Hospital.

(e) Subparagraph (c)(i) of this paragraph shall not apply if the period referred to in Clause (12)(9)(a) or Clause (12)(9)(b), as the case may be, has elapsed without the President having received notification of the name of every person whom the relevant bodies propose to appoint under the relevant provisions, not being a person the appointment of whom is to be made for the purpose of filling a casual vacancy only.

(f) The President shall not be a member of the Board and shall not be entitled to vote in relation to any matter falling to be decided by the Board.";

(k) by the substitution of the following Clause for Clause (14):

"(14) (1) Without prejudice to paragraphs (2) and (4), a member of the Board shall, unless he or she sooner dies or retires or resigns from office, hold office for a period of 3 years.

(2) Without prejudice to paragraph (4), a member of the Board who has been appointed to fill a casual vacancy that has arisen among the members of the Board shall, unless he or she sooner dies or retires or resigns from office, hold office for the unexpired portion of the term of office of the member who has vacated office.

(3) A member of the Board whose term of office expires by affliction of time shall be eligible for re-appointment as such member.

(4) Where the term of office of a member of the Board expires by effluxion of time, that person shall, for so long as he or she consents to act as such a member, continue in office as such a member for such period (if any) as elapses after the said expiry without the appointment of a successor to him or her, or the re-appointment of him or her as a member, having been made.

(5) The Board may act notwithstanding one or more than one vacancy among its members.";

(l) by the substitution of the following Clause for Clause (15):

"(15) (1) There shall be a Chairman of the Board (hereafter in this Charter referred to as 'the Chairman').

(2) Subject to paragraphs (4) and (5), the Chairman shall be appointed by the Board from amongst its members.

(3) The Chairman shall, unless he or she sooner dies or retires or resigns from office, hold office for so long as his or her term of office as member of the Board, being the term of office current at the time of his or her appointment as Chairman, remains unexpired.

(4) Subject to paragraph (6) -

(a) the first Chairman shall be appointed by the Board from amongst the members of the Board appointed under Clause (12)(3)(a),

and

(b) where the office of the first Chairman becomes vacant otherwise than by effluxion of time the vacancy shall be filled by the Board from amongst the members of the Board appointed under Clause (12)(3)(a).

(5) Subject to paragraph (7)--

(a) the person to be appointed Chairman next after the term of office of the first Chairman has expired ('the second Chairman'), where that expiry is by reason of effluxion of time, shall be appointed by the Board from amongst the members of the Board appointed under Clause (12)(3)(b),

and

(b) where the office of the second Chairman becomes vacant otherwise than by effluxion of time the vacancy shall be filled by the Board from amongst the members of the Board appointed under Clause (12)(3)(b).

(6) Notwithstanding paragraph (4), the first Chairman may, with the consent in writing of the Adelaide Hospital Society, be appointed from amongst the members of the Board generally.

(7) Notwithstanding paragraph (5), the second Chairman may, with the consent in writing of the Meath Hospital, be appointed from amongst the members of the Board generally.

(8) Subject to the provisions of any bye-laws made under Clause (27), the procedure for the appointment of the Chairman shall be determined by the Board.

(9) There shall be a Vice-Chairman of the Board (hereafter in this Charter referred to as 'the Vice-Chairman').

(10) (a) The Vice-Chairman shall be appointed by the Board from amongst its members.

(b) Subject to the provisions of any bye-laws made under Clause (27), the Vice-Chairman shall, unless he or she sooner dies or retires or resigns from office, hold office for so long as his or her term of office as member of the Board, being the term of office current at the time of his or her appointment as Vice-Chairman, remains unexpired.

(c) Subject to the provisions of any bye-laws made under Clause (27), the procedure for the appointment of the Vice-Chairman shall be determined by the Board.

(11) The Board may establish one or more committees for such purposes as it may determine. Any committee so established shall report to the Board in relation to its activities in such manner and at such intervals as the Board may determine.";

(m) by the substitution of the following Clause for Clause (16):

"(16) (1) In this Clause 'the Hospital Board' means the board referred to in Clause (12)(1).

(2) There shall be a Medical Board of the Hospital (hereafter in this Charter referred to as 'the Medical Board') the members of which shall be the members for the time being of the consultant medical staff of the Hospital.

(3) There shall be a Chairman and a Secretary of the Medical Board each of whom shall be entitled, ex officio, to attend, and participate in, all meetings of the Hospital Board.

(4) Paragraph (3) shall not be construed as conferring on either the said Chairman or Secretary the right to vote in relation to any matter falling to be decided by the Hospital Board.

(5) The said Chairman and Secretary shall report to the Hospital Board in relation to the activities of the Medical Board in such manner and at such intervals as the Hospital Board may determine.

(6) (a) There shall be a Paediatric Committee of the Hospital which shall be known as the National Children's Hospital Committee and is referred to hereafter in this Charter as 'the Paediatric Committee'.

(b) The Paediatric Committee shall, subject to the superintendence of the Hospital Board, be responsible for all paediatric services, and services relating thereto, provided by the Hospital.

(c) The membership of the Paediatric Committee shall comprise such persons as the National Children's Hospital determines.

(d) The Paediatric Committee shall report to the Hospital Board in relation to its activities in such manner and at such intervals as the Hospital Board may determine.

(e) There shall be a Paediatric Medical Advisory Committee, the function of which shall be to assist the Paediatric Committee in carrying out its duties.

(f) The members of the Paediatric Medical Advisory Committee shall be those members of the Medical Board who for the time being provide paediatric services provided by the Hospital.

(7) (a) The members of the Medical Board (other than those members who are members of the Paediatric Medical Advisory Committee) shall select the person or persons whom the Medical Board may propose, under Clause (12)(5), for appointment by the Adelaide Hospital Society and the Meath Hospital as a member or members of the Hospital Board.

(b) The members of the Medical Board who are the members of the Paediatric Medical Advisory Committee shall select the person or persons whom that Committee may propose, under Clause (12)(4), for appointment by the National Children's Hospital as a member or members of the Hospital Board.";

(n) by the deletion of Clauses (17) and (18);

(o) by the substitution of the following Clause for Clause (19):

"(19) (1) The functions vested in the hospital boards of the Adelaide Hospital, Dublin, the Meath Hospital and the National Children's Hospital immediately before the transfer day shall, save to the extent that they are inconsistent with any provision of this Charter, stand transferred to the Board on the said day. The first meeting of the Board shall take place on the transfer day or as soon as is practicable thereafter.

(2) Every contract (including every contract of service expressed or implied) entered into between any person and any of the following, namely, the Adelaide Hospital, Dublin, the Meath Hospital, the National Children's Hospital, the Tallaght Hospital Board or the Central Council of the Federated Dublin Voluntary Hospitals and which is in force immediately before the transfer day or, in the case of the said Board or the said Council, before the appropriate day determined by the Minister under Clause (5)(b), shall continue in force on and after the transfer day or, as the case may be, the said appropriate day with the substitution of the Hospital for the said hospital, Board or Council as party to the said contract.

(3) Where an Industrial Relations Protocol is entered into between representatives of the Adelaide Hospital, Dublin, the Meath Hospital, the National Children's Hospital, the Tallaght Hospital Board and the Central Council of the Federated Dublin Voluntary Hospitals and representatives of the staff of each of those hospitals, the said Board and the said Council and which is expressed to apply in respect of the Hospital, the said Protocol shall apply in respect of the Hospital, accordingly, together with any written statement of clarification of its terms furnished by the Department of Health at the request of representatives of the said staff.

(4) If a Protocol referred to in paragraph (3) stands for the time being amended, or replaced by another Protocol, and the said amendment or replacement has been made with the consent of representatives of the Hospital and representatives of the staff of the Hospital, the Protocol as so amended or, as the case may be, the Protocol which for the time being replaces it, shall apply in respect of the Hospital.";

(p) by the substitution of the following Clause for Clause (21):

"(21) That in case the funds of the Hospital, whether arising from donations or annual subscriptions, shall so far increase as to permit of the enlarging of any establishment operated by the Hospital for the accommodation of a greater number of patients than can at present be received therein respectively, or of the erection of a new or additional hospital, then the Board may thereupon enlarge the same respectively, or erect such new or additional hospital, or in case such enlargement or erection should be deemed inexpedient by the Board, the Hospital can apply such funds to such other purposes as the Board shall deem most conducive to the objects for which the Hospital has been established. None of the said powers shall be exercised by the Board save with the prior consent of the Minister.";

(q) by the substitution of the following Clause for Clause (22):

"(22) (1) The Board shall keep a record or minutes of all its proceedings.

(2) The Hospital shall keep all proper and usual accounts of all money received by or expended by it. Accounts kept in pursuance of this paragraph by the Hospital shall be submitted annually by it to an auditor for audit and, as soon as may after the audit, such of those accounts as, in the opinion of the Board, may be conveniently published for the information of members of the public, shall be published by the Hospital.

(3) As soon as may after the end of each year the Hospital shall prepare and publish a report in relation to its activities during that year.";

(r) by the substitution of the following Clause for Clause (23):

"(23) That the Hospital may appoint (whether by means of contracts of service or contracts for services), and remove, as members of its staff such and so many persons as it considers necessary for the due performance of its functions (including chaplains, secretary-managers, and all other officers, matrons, nurses, medical and consultant staff and all other staff) and pay to the said persons such salaries and wages, or pensions, or annual allowances or donations in lieu thereof as appear to the Hospital to be just and reasonable and are not contrary to any enactment for the time being in force.";

(s) by the substitution of the following Clause for Clause (24):

"(24) (1) The Hospital shall establish one College of Nursing (hereafter in this Clause referred to as 'the College').

(2) The College shall, in accordance with the subsequent provisions of this Clause, receive students for training as nurses for such periods and for such fees (if any) as the Board may from time to time determine and may issue certificates of fitness to such students on completion by them of their training.

(3) Admission to the College shall be through one of the constituent Schools of Nursing referred to in Clause (5)(h).

(4) (a) The Adelaide Hospital Society may nominate in each year such number of persons (not exceeding 40 or such greater number as the Board may, with the consent of the Minister, determine) as appear to it to be suitable for admission by the Hospital to the Adelaide School of Nursing and the Hospital shall, accordingly, admit to the said School in that year each person so nominated by the said Society.

(b) The Meath Hospital may nominate in each year such number of persons (not exceeding 60 or such greater number as the Board may, with the consent of the Minister, determine) as appear to it to be suitable for admission by the Hospital to the Meath School of Nursing and the Hospital shall, accordingly, admit to the said School in that year each person so nominated by the first-mentioned hospital.

(c) The National Children's Hospital may nominate in each year such number of persons (not exceeding 21 or such greater number as the Board may, with the consent of the Minister, determine) as appear to it to be suitable for admission by the Hospital to the National Children's Hospital School of Sick Children's Nursing and the Hospital shall, accordingly admit to the said School in that year each person so nominated by the first-mentioned hospital.

(5) Nothing in this Clause shall prejudice the provisions of the Nurses Act, 1985 .";

(t) by the substitution of the following Clause for Clause (25):

"(25) (1) All the powers of the Hospital shall be vested in and exercisable by the Board.

(2) The Board may delegate to such person or persons as it considers suitable any of its functions in relation to the appointment or removal of members of the Hospital's staff (including staff employed under contracts for services).";

(u) by the deletion of Clause (26);

(v) by the substitution of the following Clause for Clause (27):

"(27) (1) The Board may, with the consent of each of the bodies referred to in subparagraphs (a), (b) and (c) of Clause (12)(3), make bye-laws for the government of the Hospital and in relation to the manner in which it conducts any of its activities or any matter consequential on or incidental to the said matters.

(2) The Board may, with the consent of each of the aforesaid bodies, make bye-laws revoking or amending bye-laws under this Clause (including bye-laws under this paragraph).

(3) A decision by the Board to make any particular bye-laws under this Clause shall require the approval of at least three quarters of the members of the Board present and voting at the meeting concerned.

(4) Bylaws under this Clause shall not be ' repugnant to or inconsistent with this Charter or any enactment for the time being in force.";

(w) by the substitution of the following Clause for Clause (28):

"(28) That in respect of sums payable to the Hospital and with a view to ensuring that no ambiguity arises in respect of references to the three hospitals the activities of which are integrated by the Health Act, 1970 (Section 76) (Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital) Order, 1996, the following provisions shall have effect as respects any gift, whether testamentary or inter vivos, made on or after the transfer day --

(a) references in such a gift to the Adelaide Hospital shall, unless the context otherwise requires, be construed as references to the Adelaide Hospital Society (within the meaning of Clause (34)),

(b) references in such a gift to the Meath Hospital shall, unless the context otherwise requires, be construed as references to the Meath Hospital (within the meaning of Clause (34)),

(c) references in such a gift to the National Children's Hospital shall, unless the context otherwise requires, be construed as references to the National Children's Hospital (within the meaning of Clause (34)),

and

(d) references in such a gift to the Adelaide and Meath Hospital, Dublin, incorporating the National Children's Hospital or to the Adelaide and Meath Hospital, Dublin shall, unless the context otherwise requires, be construed as references to the Hospital.";

(x) by the substitution of the following Clause for Clause (29):

"(29) That the Board may, in its discretion, either permit any funds, securities or properties of any kind vested in the Hospital or to which the Hospital may be entitled or which may be at any time given, devised or bequeathed to it, either to remain on the securities in which they shall at the date hereof, or at the time of such gift, devise or bequest, be invested, or at any time, and from time to time, sell and convert the same, or any part thereof, and lay out and invest from time to time the proceeds of such sale and conversion or any of the funds of the Hospital in such manner as the Board may in its absolute discretion from time to time determine and the Board may from time to time vary and transpose the said investments into or for others of any nature hereby authorised.";

(y) by the substitution of the following Clause for Clause (32):

"(32) That it shall be lawful for the Board with the consent of the Minister and each of the bodies referred to in subparagraphs (a), (b) and (c) of Clause (12)(3) to surrender this Charter, and to wind up or otherwise deal with the affairs of the Hospital in such manner as the Board shall think expedient having regard to the liabilities of the Hospital for the time being and using any remaining assets for objects as close to those in this Charter as possible.";

(z) by the substitution of the following Clause for Clause (33):

"(33) The Board may not seek any amendment of this Charter without the consent of each of the bodies referred to in sub-paragraphs (a), (b) and (c) of Clause (12)(3).";

(aa) by the substitution of the following Clause for Clause (34):

"(34) (1) In this Charter -

"the Adelaide Hospital Society" means the company incorporated under that name on the 9th  day of November , 1994, or any body which for the time being assumes the functions of, or acts as successor to, the said company;

"the Meath Hospital" means the Meath Hospital or County of Dublin Infirmary or any body which for the time being assumes the functions of, or acts as successor to, the said hospital;

"the Minister" means the Minister for Health;

"the National Children's Hospital" means the company incorporated under that name on the 24th day of April, 1952, or any body which for the time being assumes the functions of, or acts as successor to, the said company.";

(2) In this Charter -

(a) a reference to a Clause is a reference to a Clause of this Charter unless it is indicated that reference to a provision of some other Charter or enactment is intended,

(b) a reference to a paragraph is a reference to the paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended,

and

(c) a reference to any enactment shall be construed as a reference to that enactment as amended or adopted by or under any subsequent enactment.";

(ab) by the deletion of the Schedule.

Schedule

Part I

In relation to the Meath Hospital, it is hereby recorded that --

(a) Inadequate premises necessitated several moves of the hospital, to Skinner's Alley in 1757, to Meath Street, in 1760 and to Earl Street in 1766 and to a new building in the Coombe opened in 1773,

(b) A petition was presented to the Irish House of Commons to have the hospital constituted the County Infirmary of Dublin and by Act of Parliament in 1774 the hospital was designated for the use of the County of Dublin and the private subscribers who supported the hospital willingly and without reward gave over the hospital for the use of the said County for ever and it has henceforth been known as the Meath Hospital or County of Dublin Infirmary,

(c) It being found that the building in the Coombe was inconveniently small an Act of Parliament was passed in 1815 to facilitate the erection of a new hospital on another site, adequate to the necessary accommodation of the numerous population of the County of Dublin, embracing a great part of the Earl of Meath's Liberty, the populous abodes of the poor working manufacturers, whose occupations rendered them liable to various diseases, and frequently exposed them to accidents, requiring prompt and skilful surgical assistance,

(d) A new site in Long Lane, known as "Naboth's Vineyard and the Dean's Cabbage Patch" was purchased from the Dean and Chapter of St. Patrick's Cathedral and a new building for the hospital was completed and opened in 1822 at Heytesbury Street,

(e) The Meath Hospital developed medical care under a succession of great physicians and surgeons, including Sir Philip Crampton who was surgeon to the hospital from 1798 to 1858 and who helped found the National Children's Hospital in 1821, Sir William Dease, Robert James Graves who developed bed side teaching and who also served as Consultant Physician to the Adelaide Hospital, Dublin and who influenced medical training throughout the world, and Whitley Stokes, Physician in the hospital from 1818 to 1826 and his son William Stokes, student of, and later colleague of Robert James Graves, who succeeded his father as Physician in the hospital and whose clinical brilliance and published medical works has sustained his name in a most eminent position in the history of medicine,

(f) The Meath School of Nursing has provided professional training for nurses to the highest standards and leadership in the development of the nursing profession in Ireland,

(g) The Meath Hospital has continued this medical and nursing tradition of bed side clinical teaching, research, care of the poor and underprivileged and has in modern times developed specialised services such as those in urology, psychiatry, orthopaedics, haematology, endocrinology and nephrology and many other branches of modern medical and nursing practice,

(h) The Meath Hospital Act, 1951 , was enacted for the purpose of re-constituting the Joint Committee of the hospital and in 1961 the Meath Hospital joined with other hospitals to form the Federated Dublin Voluntary Hospitals under the Hospitals Federation and Amalgamation Act, 1961 , in the hope of replacing smaller hospitals with a larger modern public voluntary teaching hospital.

Part II

In relation to the National Children's Hospital, it is hereby recorded that -

(a) The said founder, Sir Henry Marsh, being both a physician and surgeon, having studied at La Charite Hospital in Paris, returned to Ireland to establish the National Children's Hospital as the Institute for Diseases of Children in Pitt Street (now Balfe Street), the hospital being known as "the Pitt Street Institution",

(b) Sir Lambert Ormsby established the National Orthopaedic and Children's Hospital, in 7 Upper Kevin Street in 1875 and later moved this hospital to 7 Adelaide Road in 1879,

(c) Both "the Pitt Street Institution" and the National Orthopaedic and Children's Hospital formally joined together to form a single hospital in 1884 as the National Children's Hospital and moved to Harcourt Street in 1887,

(d) The National Children's Hospital has always been to the forefront of children's medicine especially in teaching concerning the diseases of children to students and doctors and to nurses, a training school for nurses being founded in the hospital, as the Dublin Red Cross Training School for Nurses in 1884 and which has been continued by the National Children's Hospital,

(e) Many distinguished physicians and surgeons worked in the National Children's Hospital including William Stokes, Richard Evanson, Henry Maunsell, and Fleetwood Churchill who also served as Consulting Accoucheur at the Adelaide Hospital, Dublin,

(f) Dr. Charles West, who had been to Dublin to study with one of the founders of the Pitt Street Institution, Dr. Charles Johnson and with Dr. William Stokes, Physician to the Pitt Street Institution, returned to London and founded the Hospital for Sick Children, Great Ormond Street, London, in 1852,

(g) Robert Collis, a physician of the National Children's Hospital, wrote notable books on neonatal paediatrics and founded the Irish Paediatric Association in 1933, the principal academic and scientific body for doctors working with children,

(h) Paediatric medicine has continued to be advanced at the National Children's Hospital including the provision of a comprehensive paediatric radiology service, the national haemophilia centre, and by assuming the paediatric services formerly provided by St. James's Hospital in 1978, St. Ultan's Hospital in 1982 and the Adelaide Hospital, Dublin, in 1987 and the treatment of over 50,000 children each year and involving an extensive research programme into children's diseases and health,

(i) The National Children's Hospital in 1961 joined with other hospitals to form the Federated Dublin Voluntary Hospitals under the Hospitals Federation and Amalgamation Act, 1961 , in the hope of replacing smaller hospitals with a larger modern public voluntary teaching hospital.

Part III

In relation to the Adelaide Hospital, Dublin, it is hereby recorded that --

( a ) The Adelaide Hospital engaged Miss Bramwell, who with Miss Florence Nightingale had given herself to the care of wounded soldiers in the Crimea, to establish the Adelaide School of Nursing which School was founded as a School in which Protestant Nurses may be trained in 1859,

( b ) The Adelaide Hospital as a general teaching hospital has been at the forefront of many medical advances including Sir Kendal Franks' work in developing antiseptic surgery, Dr. Kathleen Lynn's and Dr. Ella Webb's pioneering work in preventive medicine with children in Dublin, Dr. Denis Burkitt's work on cancer of the jaw, known as Burkitt's Lymphoma, and on the relationship between diet and disease, Wallace Aykroyd's international contribution to nutrition and deficiency disease and William Rutherford's work in Belfast between 1967 and 1986 on accident and emergency medicine; the Adelaide Hospital being the first Dublin general teaching hospital to introduce a skin clinic (1866), a gynaecological unit (1868), bacteriological control of milk (1904), Lady Almoners (1918), a psychiatric out-patient unit (1936), special wards for pulmonary tuberculosis (1938), and an intensive care unit (1965),

( c ) The Adelaide Hospital established a Convalescent Home known as the Fetherston-Haugh Convalescent Home, Rathfarnham, County Dublin in 1894 and which for many years was an invaluable part of the Adelaide Hospital's service to the sick poor and having served its purpose was sold in 1961 and the proceeds used to develop the Fetherston-Haugh Wing at the said hospital in Peter Street which was opened in 1968,

( d ) The Adelaide Hospital in 1961 joined with other hospitals to form the Federated Dublin Voluntary Hospitals under the Hospitals Federation and Amalgamation Act, 1961 , in the hope of replacing smaller hospitals with a larger modern public voluntary teaching hospital.

Given under the official seal of the Minister

for Health this 31st day of July 1996.

Michael J. Noonan

_____________

Minister for Health

A draft of this Order, pursuant to Section 76 (2) of the Health Act, 1970 , was laid before each House of the Oireachtas and was approved by resolution of Dail Eireann on 3 July 1996 and by resolution of Seanad Eireann on 26 June 1996.

EXPLANATORY NOTE

The effect of this Order is to establish under Section 76 of the Health Act, 1970 , (which section allows the Minister for Health to amend a Charter of a hospital when requested -- in this case the Adelaide Hospital Charter) a body corporate to be known as the Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital and situated at Tallaght.