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26 1953

HEALTH ACT, 1953

PART II.

Institutions.

Extension of meaning of “institution.

6. —The definition of “institution” contained in subsection (1) of section 2 of the Principal Act is hereby amended by the insertion of “county home, home for persons suffering from physical or mental disability,” before “maternity home”.

District institutions and dispensaries.

7. —(1) Every district institution or dispensary which, immediately before the commencement of this section, was maintained by the council of a county or corporation of a county borough as a public assistance authority shall, on and after such commencement, be deemed to have been provided by such council or corporation under section 10 of the Principal Act.

(2) Where section 10 of the Principal Act applies to a board of assistance or board of public assistance by virtue of an order under section 45 or section 46 of this Act commencing on the commencement of this section, every district institution or dispensary which, immediately before the commencement of this section, was maintained by such board shall, on and after such commencement, be deemed to have been provided by such board under section 10 of the Principal Act.

(3) Where a district institution or dispensary is in course of erection by a public assistance authority immediately before the commencement of this section, such institution or dispensary shall be completed in like manner as if this Act had not been passed and, when it is completed, subsection (1) or subsection (2) of this section (as may be appropriate) shall apply in relation thereto.

Conduct and management of health institution.

8. —(1) The Minister may make regulations, applicable to every health institution, every health institution of a particular class or a particular health institution, for the conduct and management of such institutions or institution.

(2) A health authority may, with the consent of the Minister, make rules for the conduct and management of a health institution maintained by them, for the regulation of persons admitted to the institution or attending there and for the regulation of admissions to the institution (including admissions on special terms as to payment and accommodation).

(3) Regulations made under section 34 of the Public Assistance Act, 1939 (No. 27 of 1939), and in force immediately before the commencement of this section shall be deemed to be regulations made under this section.

(4) Rules made or deemed to be made under section 18 of the Principal Act and in force immediately before the commencement of this section shall be deemed to be rules made under this section.

Direction with respect to institutional services.

9. —The Minister may, by order made in respect of a specified health institution, direct—

(a) that institutional services shall be given in the institution to persons of a class specified by reference to their condition of health, or

(b) that institutional services shall not be given in the institution to persons of a class specified by reference to their condition of health,

and the health authority maintaining the institution shall comply with the direction.

Extern institutions.

10. —(1) A health authority may, with the consent of the Minister, make and carry out an arrangement for the giving of institutional services to any person or to persons of any class, being a person or persons who is or are entitled to receive institutional services from such authority otherwise than under section 26 of this Act, in an institution not managed by such authority or another health authority.

(2) Payments shall be made by the health authority for institutional services provided pursuant to an arrangement under subsection (1) of this section and the payments shall be in accordance with such scale as may be approved of or directed by the Minister.

(3) Two health authorities may make and carry out any arrangement for the giving of institutional services by one of them on behalf of and at the cost of the other.

(4) Any arrangement 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 to be an arrangement made under this section.

Transfer of officers on discontinuation of health institution.

11. —(1) Where a health institution is discontinued under subsection (1) or an order under subsection (2) of section 11 of the Principal Act and—

(a) a person who held an office under a health authority in the discontinued institution is offered a similar office in another health institution managed by that health authority or by a joint board some of whose members are appointed by that health authority, or

(b) a person who held an office under a joint board in the discontinued institution is offered a similar office in another health institution managed by that joint board or by one of the health authorities who appointed the members of that joint board,

the office held by the person in the discontinued institution shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished.

(2) An officer aggrieved by an offer under section (1) of this section may appeal to the Minister in writing and the Minister may either refuse the appeal or give such direction (which shall be complied with by the health authority or joint board) as he considers just.

Religious Services.

12. —(1) A health authority shall make arrangements with the appropriate authorities for the due performance of religious services in each hospital, sanatorium, county home, home for persons suffering from physical or mental disability, maternity home, convalescent home and preventorium maintained by them.

(2) The amount of any payment made to a person by a health authority pursuant to this section shall be subject to the approval of the Minister.

Exemption from local inquiry.

13. —The holding of a local inquiry shall not be necessary in the case of an order under subsection (2) of section 10 or subsection (2) of section 11 of the Principal Act where the order relates to a dispensary, clinic, health centre, first-aid station or any similar institution.