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4 1945

TUBERCULOSIS (ESTABLISHMENT OF SANATORIA) ACT, 1945

PART II.

Establishment of Sanatoria.

Declaration of intention to establish sanatorium.

4. —(1) Where the Minister is of opinion that a new sanatorium for the inhabitants of any particular area is required, he may by order declare his intention to establish such sanatorium, and thereupon he may establish such sanatorium in or near that area.

(2) The Minister shall not make an order under this section after the 31st day of March, 1948.

Payments by Hospitals Trust Board.

5. —The Minister may direct the Hospitals Trust Board to make payments out of the Hospitals Trust Fund for the purpose of defraying the expenses of the establishment under this Act of a sanatorium and the Hospitals Trust Board shall comply with such direction.

Transfer of sanatorium to county authority or county authorities.

6. —(1) When the establishment under this Act of a sanatorium has, in the opinion of the Minister, been completed, the Minister shall transfer his estate or interest in the land on which the sanatorium has been established and the equipment of the sanatorium—

(a) where there is only one county authority for the area for the inhabitants of which the sanatorium has been established to that authority, or

(b) where there are two or more county authorities for the said area, to (as the Minister considers expedient) one of those authorities or some or all of them jointly.

(2) On and after the making of a transfer under this section of land on which a sanatorium has been established, the Tuberculosis Prevention (Ireland) Acts, 1908 and 1913, shall apply and have effect as if the sanatorium were a hospital provided under those Acts by the county authority or county authorities to whom such land is so transferred.

(3) Where—

(a) the Minister has acquired land compulsorily under Part III of this Act, and

(b) immediately before the acquisition, a county authority, or two or more county authorities jointly, had an estate or interest in the land, and

(c) the land is so transferred under this section that such county authority or any one or more of such county authorities does not or do not acquire an estate in the land,

the Minister may by order require any county authority acquiring an estate in the land by virtue of the transfer to pay to the county authority or county authorities (as the case may be) not acquiring as aforesaid an estate in the land such sum or sums as he considers reasonable.

(4) Where a sum is required under subsection (3) of this section to be paid to a county authority by another county authority, the first-mentioned authority may recover the sum from such other authority as a simple contract debt in any court of competent jurisdiction.

Payment by county authority to Minister for repayment to Hospitals Trust Board.

7. —(1) Where the Minister by a transfer under section 6 of this Act transfers to one county authority his estate or interest in the land on which a sanatorium has been established, he may by order require the county authority to pay to him, for repayment to the Hospitals Trust Board for the Hospitals Trust Fund, such portion (not exceeding one-third) as he considers reasonable of any sum paid by the Hospitals Trust Board pursuant to a direction under section 5 of this Act relating to the sanatorium.

(2) Where the Minister by a transfer under section 6 of this Act transfers to two or more county authorities his estate or interest in the land on which a sanatorium has been established, he may by order require the county authorities to pay to him in specified proportions, for repayment to the Hospitals Trust Board for the Hospitals Trust Fund, such portion (not exceeding one-third) as he considers reasonable of any sum paid by the Hospitals Trust Board pursuant to a direction under section 5 of this Act relating to the sanatorium.

(3) Where a sum is required under this section to be paid to the Minister by a county authority, the Minister may recover the sum from such authority as a simple contract debt in any court of competent jurisdiction.

(4) A sum received by the Minister consequent upon a requisition under this section shall be repaid by him to the Hospitals Trust Board for the Hospitals Trust Fund.