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28 1947

HEALTH ACT, 1947

PART II.

Institutions.

Provision and maintenance of health institutions.

10. —(1) A health authority may, with the consent of the Minister and in accordance with the directions (if any) given by him from time to time, provide and maintain any institution which they consider necessary and restore, enlarge or otherwise alter any institution maintained by them pursuant to this section.

(2) The Minister, after having caused a local inquiry to be held into the desirability of so doing, may by order direct a health authority to:—

(a) provide and maintain at a specified place an institution of a specified character and size, or

(b) restore, enlarge or otherwise alter in a specified manner any institution maintained by them pursuant to this section;

and such health authority shall comply with such order.

(3) A health authority shall, whenever the Minister by order so directs:—

(a) provide in accordance with the order new, improved or additional drainage, ventilation, water supply, lighting, heating or any other service for any institution maintained by them pursuant to this section,

(b) provide and maintain in any institution so maintained all such fixtures, fittings, furniture, surgical and medical appliances, and other conveniences as may be directed by the order.

(4) An institution which is at the commencement of this section maintained by a health authority under any enactment repealed by this Act shall be deemed to have been provided under this section by that authority.

Discontinuance of health institution.

11. —(1) A health authority may, with the consent of the Minister, discontinue, as from a specified date, a health institution maintained by them or any department of such a health institution.

(2) The Minister, after having caused a local inquiry to be held in relation to the desirability of so doing, may by order direct a health authority to discontinue, as from a specified date, a health institution maintained by them or any department of such an institution.

(3) Where a health institution or a department of a health institution is discontinued under subsection (1) of this section, the Minister may by order make such provisions as appear to him to be necessary and proper in relation to matters incidental to or consequent on the discontinuance.

(4) Where a health institution or a department of a health institution is discontinued by an order under subsection (2) of this section:—

(a) the Minister may by order make such provisions as appear to him to be necessary and proper in relation to matters incidental to or consequent on the discontinuance,

(b) the Minister, if he so thinks proper, may by order direct the authority to provide and maintain at a specified place an institution of a specified character or size in substitution for the discontinued institution or department.

(5) A health authority shall comply with every order made in relation to them under this section.

Agreement for use of institution.

12. —(1) A health authority, in lieu of or in addition to themselves providing an institution of a particular kind, may, with the consent of the Minister, make and carry out an agreement with the person having the management of an institution of the same kind for the use of that institution:—

(a) by a particular inhabitant of the functional area of the health authority, or

(b) by all inhabitants of that area, or

(c) by such of those inhabitants as belong to a particular class.

(2) An agreement which was in force immediately before the commencement of this section and which could be made upon such commencement under this section shall be deemed, upon and after such commencement, to be an agreement made under this section and shall have effect accordingly.

Joint user of certain institutions by health authority and public assistance authority.

13. —(1) A health authority and a public assistance authority may, with the consent of the Minister, make and carry out an agreement for—

(a) the use by such public assistance authority of any health institution or part of a health institution, or

(b) the use by such health authority of any district institution or dispensary provided under the Act of 1939 or part of any such district institution or dispensary.

(2) Where in pursuance of an agreement made under subsection (1) of this section, a public assistance authority make use of a health institution or part of a health institution for the purposes of a dispensary, such dispensary shall be deemed to have been duly provided under section 42 of the Act of 1939,

(3) In this section—

the expression “the Act of 1939” means the Public Assistance Act, 1939 (No. 27 of 1939);

the expression “public assistance authority” means a public assistance authority under the Act of 1939.

Transfer of district institution.

14. —(1) The Minister may by order transfer a district institution maintained by a public assistance authority under section 31 of the Public Assistance Act, 1939 (No. 27 of 1939), to a health authority whose functional area includes the whole or a substantial part of the functional area of the public assistance authority.

(2) An order under this section shall contain such provisions as the Minister thinks necessary or expedient for enabling the district institution to which the order relates to be taken over and maintained by a health authority in accordance with the order.

(3) An order under this section transferring a district institution from a public assistance authority to a health authority shall, without prejudice to the generality of subsection (2) of this section, contain such provisions for either or both of the following things as the Minister thinks necessary or expedient for the purposes mentioned in the said subsection (2), that is to say:—

(a) adjustments of property rights and liabilities,

(b) transfers of the holders of offices under the public assistance authority whose duties relate to the carrying on of the institution to similar offices under the health authority.

(4) Where, by an order under this section, the holder of an office under a public assistance authority is transferred to a similar office under a health authority, the first-mentioned office shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished.

(5) When a district institution is transferred to a health authority by order under this section, such order shall have effect in accordance with its terms and the institution shall be deemed to have been provided under section 10 of this Act by the health authority.

Transfer of institution maintained by sanitary authority.

15. —(1) Where, on the appointed day, an institution is maintained by an urban sanitary authority (not being a corporation of a county borough) for the purpose of powers and duties imposed on them by or under an enactment which is repealed by this Act, the Minister may by order transfer such institution to a health authority whose functional area includes the functional area of the sanitary authority.

(2) An order under this section shall contain such provisions as the Minister thinks necessary or expedient for enabling the institution to which the order relates to be taken over and maintained by a health authority in accordance with the order.

(3) An order under this section transferring an institution from a sanitary authority to a health authority shall, without prejudice to the generality of subsection (2) of this section, contain such provisions for either or both of the following things, as the Minister thinks necessary or expedient for the purposes mentioned in the said subsection (2), that is to say:—

(a) adjustments of property rights and liabilities;

(b) transfers of the holders of offices under the sanitary authority whose duties relate to the carrying on of the institution to similar offices under the health authority.

(4) Where, by an order under this section, the holder of an office under a sanitary authority is transferred to an office under a health authority, the first-mentioned office shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished.

(5) Where an institution is transferred to a health authority by order under this section, such order shall have effect in accordance with its terms and the institution shall be deemed to have been provided under section 10 of this Act by the health authority.

(6) In this section, the expression “the appointed day” means the day fixed by an order under section 3 of this Act for the coming into operation of the provisions of this Act which repeal the enactment by or under which the power and duty of maintaining the institution is conferred or imposed on the sanitary authority.

Transfer of the Hospital of Saint Margaret of Cortona to the Dublin Corporation.

16. —(1) The Minister with the consent of the Minister for Finance may by order transfer the control and management of the Hospital to the Corporation.

(2) An Order under this section shall contain such provisions as the Minister thinks necessary or expedient for enabling the Hospital to be taken over and maintained by the Corporation and may in particular make provision for any of the following things:—

(a) the dissolution of the Board of Governors of the Hospital,

(b) the transfer of property whether real or personal (including choses-in-action),

(c) the transfer of debts and liabilities,

(d) the transfer of officers and servants.

(3) If the Hospital is transferred by order under this section, it shall be deemed to have been provided under section 10 of this Act by the Corporation.

(4) In this section—

the expression “the Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

the expression “the Hospital” means the Hospital of Saint Margaret of Cortona formerly known as the Westmoreland Lock Hospital.

Charges for institutional services.

17. —(1) Where a person receives institutional services from a health authority or pursuant to an agreement made by a health authority under section 12 of this Act, the health authority may, at their discretion, but subject to the provisions of section 24 of the National Health Insurance Act, 1929 (No. 42 of 1929) and to any relevant regulations under section 28 or section 31 of this Act, charge a reasonable sum for such services.

(2) Where a person is detained in an institution under section 38 of this Act no charge shall be made under this section in respect of any institutional services which such person receives during such detention.

(3) In determining what sum is a reasonable sum to be charged under this section for services received by any person, regard shall be had to the financial circumstances of such person,

(4) A charge under subsection (1) of this section for institutional services received from a health authority by any person may be recovered as a simple contract debt in any court of competent jurisdiction from:—

(a) such person or, in case such person has died, his legal personal representative, or

(b) any other person liable to maintain such person for the purposes of the Public Assistance Act, 1939 (No. 27 of 1939), by virtue of section 27 of that Act or, in case such other person has died, his legal personal representative.

Management of health institutions.

18. —(1) A health authority may, with the approval of the Minister, make rules for the conduct and management of a health institution maintained by them, for the regulation of patients in the institution or attending there and for the admission (including admission on special terms as to payment and accommodation) of patients to the institution.

(2) Every rule which was made under subsection (4) of section 5 (repealed by this Act) of the Tuberculosis Prevention (Ireland) Act, 1908, which was in force immediately before the commencement of this section shall, upon and after such commencement, continue in force and be deemed to be made under this section and to be capable of being amended or revoked accordingly.

Amendment of subsection (2) of section 6 of Tuberculosis (Establishment of Sanatoria) Act, 1945.

19. —The references in subsection (2) of section 6 of the Tuberculosis (Establishment of Sanatoria), Act, 1945 (No. 4 of 1945), to the Tuberculosis Prevention (Ireland) Acts, 1908 and 1913, shall be construed as references to this Part of this Act.

Power to provide land for an institution.

20. —(1) Whenever a health authority is satisfied that useful service is being or will be rendered to persons requiring institutional services by the provision of such services in an institution in the functional area of such health authority, such health authority may, on the request of the governing body of such institution and with the consent of the Minister, provide for such institution any land which is shown by such governing body, to the satisfaction of the said health authority, to be required for the efficient performance of the functions of such institution or for the purpose of enlarging or extending it.

(2) Where a health authority determines to provide under this section any land for an institution, such health authority may acquire such land either by agreement with the consent of the Minister or compulsorily under Part VIII of this Act and (in either case) may convey such land to or for the benefit of such institution.

(3) Where a health authority is requested by the governing body of an institution to provide under this section any land for such institution, such health authority shall, as a condition precedent to their so providing such land, require such governing body to undertake to defray the whole of the cost of so providing such land.