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1 1970

HEALTH ACT, 1970

PART V

Miscellaneous Provisions

Amendment of hospital charters, etc.

76. —(1) The Minister may by order, on the application of the governing body of a hospital, amend a charter or private Act relating to that hospital.

(2) A draft of an order which it is proposed to make under this section shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each House.

(3) Before laying the draft of an order under this section before each House of the Oireachtas, the Minister shall consult the Commissioners of Charitable Donations and Bequests for Ireland.

Removal of bodies.

77. —Where the body of a deceased person is found in the functional area of a health board, the board may, in accordance with regulations made by the Minister with the consent of the Minister for Justice, arrange for the removal of the body to appropriate premises.

Control of possession of certain substances.

78. —(1) The Minister may make regulations for the control of the possession of a substance to which this section applies.

(2) Regulations under this section may provide for the prohibition of the possession of a substance to which the regulations relate, except by persons or classes of persons specified in the regulations and in circumstances and under conditions specified in the regulations.

(3) A person who contravenes or attempts to contravene a regulation under this section or who solicits or incites another person to contravene such a regulation shall be guilty of an offence.

(4) Every person guilty of an offence under this section shall be liable—

(a) on summary conviction thereof to a fine not exceeding one hundred pounds or to imprisonment for any term not exceeding six months, or to both such fine and such imprisonment; or

(b) on conviction thereof on indictment, to a fine not exceeding five hundred pounds or to imprisonment for any term not exceeding five years, or to both such fine and such imprisonment,

and the court by which the person was convicted may order the forfeiture, and the disposal in such manner as the court thinks fit, of the substance in respect of which the offence was committed.

(5) (a) Section 31 of the Dangerous Drugs Act, 1934 (which empowers a Justice of the District Court to issue a search warrant in certain cases), shall apply to the possession of a substance to which regulations under this section relate as if it were a drug, substance or product referred to in the said section 31 and the regulations were made under that Act.

(b) Section 32 of the said Dangerous Drugs Act, 1934 (which empowers a member of the Garda Síochána to arrest without warrant in certain circumstances), shall apply to an offence under this section as if it were an offence under that Act.

(6) This section applies to any substance which may be used in the prevention, diagnosis or treatment of any human ailment, infirmity, injury or defect, or for the modification of any human physiological function, and which, in the opinion of the Minister, produces or is capable of producing depressant, stimulant or hallucinogenic effects on the human central nervous system.

Extension of Rats and Mice (Destruction) Act, 1919.

79. —Notwithstanding section 11 of the Rats and Mice (Destruction) Act, 1919, whenever a health board is unable to trace the occupier of land, a notice under section 5 of that Act may be served by affixing the notice on or to a gate, door or a prominent part of the land.

Restriction of Health Services (Financial Provisions) Act, 1947.

80. —A contribution to a health board under section 32 shall not be included in the net health expenditure of a local authority for the purposes of the Health Services (Financial Provisions) Act, 1947 .

Amendment of section 3 of Mental Treatment Act, 1945.

81. —The Mental Treatment Act, 1945 , is hereby amended by—

(a) the deletion in section 3 of the definitions of “the appropriate assistance officer”, “authorised medical officer”, “chargeable patient”, “joint authority”, “joint board”, “mental hospital assistance”, “visiting committee of an auxiliary mental hospital”, and “visiting committee of a district mental hospital”,

(b) the insertion in section 3 after the definition of “district mental hospital” of the following—

“ ‘eligible patient’ means a patient who is a person with full eligibility or a person with limited eligibility within the meaning of sections 45 and 46 of the Health Act, 1970”, and

(c) the substitution of “eligible patient” for “chargeable patient” in each case where that occurs.

Adaptation of Mental Treatment Acts, 1945 to 1966.

82. —(1) The Minister may by order make, in respect of any enactment in the Mental Treatment Acts, 1945 to 1966, any adaptations or modifications (including the substitution of a new provision for an existing provision in such an enactment) which appear to him to be necessary to enable that enactment to have effect in conformity with this Act.

(2) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Local inquiries, etc.

83. —(1) In relation to an inquiry which the Minister causes to be held under section 83 of the Local Government Act, 1941

(a) any reference in that section to a local authority shall be construed as a reference to a health board,

(b) any reference in section 90 of the Local Government Act, 1946 , to a local authority shall be construed as a reference to a health board, and any reference in that section to the manager for a local authority shall be construed as a reference to the chief executive officer of a health board.

(2) Sections 84 to 86 of the Local Government Act, 1941 , shall apply in relation to health boards and officers of health boards.

Public assistance.

84. —(1) Notwithstanding anything contained in the Public Assistance Act, 1939 , the functional area of a local authority specified in subsection (2) shall become and be a public assistance district for the purposes of that Act, and the local authority shall be the public assistance authority for the public assistance district.

(2) The following shall be local authorities for the purposes of this section—

the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

the council of the county of Dublin;

the Lord Mayor, Aldermen and Burgesses of Cork;

the council of the county of Cork;

the Mayor, Aldermen and Burgesses of Limerick;

the council of the county of Limerick;

the Mayor, Aldermen and Burgesses of Waterford;

the council of the county of Waterford.

Regulations regarding adaptations.

85. —The Minister may by regulations make, in respect of any statute, order or regulation in force at the passing of this Act and relating to any matter or thing dealt with or affected by this Act, any adaptation or modifications which appear to him to be necessary to enable such statute, order or regulation to have effect in conformity with this Act.

Amendment of City and County Management (Amendment) Act, 1955.

86. —The City and County Management (Amendment) Act, 1955 is hereby amended by the deletion in section 12 (1), section 13 (1) and section 14 (1) of “the Minister for Health and”.