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1 1970

HEALTH ACT, 1970

SECOND SCHEDULE

Rules in relation to Membership and Meetings of Health Boards

Section 5 and section 41 .

Appointments

1. (1) The members of the board to be appointed by the council of a county shall be appointed, in the case of the first appointment, at a meeting of the council held next after the establishment of the board, and thereafter at the annual meeting of the council held next after every quinquennial election of the members of the council.

(2) Where there are members of the board to be appointed by the corporation of a county borough, those members shall be appointed, in the case of the first appointment, at the meeting of the city council for the county borough held next after the establishment of the board, and thereafter at the quarterly meeting of the city council held next after every quinquennial election of members of the city council.

(3) The members of the appropriate health board to be appointed by the Corporation of Dún Laoghaire shall be appointed, in the case of the first appointment, at the meeting of the Dún Laoghaire Borough Council held next after the establishment of the board, and thereafter at the quarterly meeting of that council held next after every quinquennial election of members of that council.

2. (1) Where, under Rule 1, two or more members fall to be appointed to a health board at a meeting of a council of a county, a city council or the Dún Laoghaire Borough Council, they shall be appointed as follows:

(a) any group of councillors comprising the necessary number of councillors may nominate a councillor to be a member of the board and he shall be appointed on that nomination without any voting;

(b) the remainder of the members of the board shall be appointed successively by a majority of the votes of the councillors who are not members of any group of councillors as aforesaid;

(c) the number of councillors necessary to form a group for the purposes of this rule shall be obtained by dividing the total number of councillors present at the appointment by the number of members to be appointed, or where the number so obtained is not a whole number, the whole number next greater than the number so obtained;

(d) no councillor shall be a member of more than one group.

(2) Where, under Rule I, one member falls to be appointed to a health board, he shall be appointed at the appropriate meeting by a majority of the votes of the councillors present at the appointment.

3. Where part only of a county is included in the functional area of a health board, a member of the council for that county elected for a county electoral area no part of which is included in the functional area of the health board shall not be eligible to be appointed a member of that board under Rule 1.

4. A member of the council for the county of Dublin elected for the county electoral area which is coterminous with the borough of Dún Laoghaire shall not be eligible to be appointed a member of a health board by that council, and for the purposes of such appointments by that council the references in Rule 2 to “councillors” or “councillor” shall not include any councillor elected for that county electoral area.

5. (1) The members of the board to be elected in accordance with section 4 (2) (a) (ii) shall be so elected from time to time in accordance with regulations made by the Minister and for the term of office specified in such regulations.

(2) Regulations under this rule may, in relation to any class of members specified in the regulations, prescribe the qualifications to be held by candidates for election to membership.

6. The members of the board to be appointed by the Minister shall be appointed by him from time to time for such term of office not exceeding five years as he may specify.

Tenure of Office

7. Every member of the board shall hold office (unless he sooner dies, resigns or becomes disqualified or his membership terminates under Rule 11) until the day after his successor has been appointed or elected, as the case may be.

Disqualification

8. (1) A person who is an officer or servant of the board but not in a class specified under paragraph (2) shall be disqualified for being a member of the board.

(2) The Minister may by order specify a class of officer or servant to which this rule shall not apply.

9. (1) Where a member of the board was appointed by the council of a county and he ceases to be (or is disqualified for being) a member of the council, he shall also cease to be (or be disqualified for being) a member of the board.

(2) Where a member of the board was appointed by the corporation of a county borough or by the Corporation of Dún Laoghaire and he ceases to be (or is disqualified for being) a member of the city council or the Dún Laoghaire Borough Council (as the case may be), he shall also cease to be (or be disqualified for being) a member of the board.

Resignation and Termination of Membership

10. A member of the board may resign his membership by giving notice in writing signed by him to the secretary of the board, but the resignation shall not become effective until the meeting of the board held next after the receipt of the notice.

11. (1) Where a member of the board who was appointed by the council of a county has not, for a consecutive period of six months, attended a meeting of the board, his membership of the board shall thereupon terminate and the council shall, at its next meeting after the expiration of that period, appoint one of its members to fill the vacancy.

(2) Where a member of the board who was appointed by the corporation of a county borough or by the Corporation of Dún Laoghaire has not, for a consecutive period of six months, attended a meeting of the board, his membership of the board shall thereupon terminate and the city council or the Dún Laoghaire Borough Council (as the case may be) shall, at their next meeting after the expiration of that period, appoint one of their members to fill the vacancy.

(3) Where a meeting of the board is abandoned because of a failure to obtain a quorum, the names of the members who attended at the time and place appointed for the holding of the meeting shall be recorded and those members shall be deemed to have attended a meeting of the board for the purposes of this rule.

12. The membership of the board of a person elected in accordance with section 4 (2) (a) (ii) shall terminate if he ceases to have a qualification which entitled him to be a candidate for election.

13. The Minister may at any time terminate the appointment of a member of the board who was appointed by him.

Casual Vacancies

14. (1) A casual vacancy occurring among the members of the board appointed by the relevant local authorities shall be filled by the council or corporation by whom the member causing the vacancy was appointed within one month after the occurrence of the vacancy, or within such further time as the Minister may allow.

(2) A casual vacancy occurring among the other members of the board shall be filled by appointment by the Minister.

Quorum

15. The quorum of the board shall be—

(a) where the total number of the members of the board is a number divisible by four without a remainder—

(i) one-fourth of the total number of the members of the board, or

(ii) five,

whichever is the greater, and

(b) where the total number of the members of the board is a number which is not divisible by four without a remainder—

(i) one-fourth of the next higher number which is divisible by four without a remainder, or

(ii) five,

whichever is the greater.

Meetings

16. (1) The first meeting of the board shall be held on a day to be appointed by the Minister.

(2) A meeting of the board shall be held after each appointment of members by the relevant local authorities on a day to be appointed by the Minister.

(3) The board shall hold at least twelve meetings in each year and such other meetings as may be necessary for the performance of its functions.

Chairman and Vice-Chairman

17. (1) The board shall from time to time elect one of its members (not being a member who is an officer or servant of the board) to be chairman of the board and another of its members (not being a member who is an officer or servant of the board) to be vice-chairman of the board.

(2) A chairman or vice-chairman of the board shall hold office for the period specified by the board at his appointment unless—

(a) he ceases to be, or becomes disqualified for being a member of the board;

(b) he resigns the office of chairman or vice-chairman and his resignation becomes effective under this rule;

(c) the board by a resolution, for which not less than two-thirds of the members of the board voted and of the intention to propose which not less than seven days' notice was given to every person who was a member of the board when the notice was given, terminates his appointment as chairman or vice-chairman.

(3) A chairman or vice-chairman of the board may at any time resign his office of chairman or vice-chairman by giving notice in writing signed by him to the board, but the resignation shall not become effective until the commencement of the meeting of the board held next after the receipt by the board of the resignation.

(4) Whenever, at the election of a chairman or vice-chairman of the board, there is an equality of votes for two or more persons, it shall be determined by lot which of those persons shall be chairman or vice-chairman of the board.

Proceedings at Meetings

18. The proceedings of the board shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointments to the board or in the qualification of any member thereof.

19. The chairman or, in his absence, the vice-chairman of the board may call a meeting of the board.

20. If the chairman or, in his absence, the vice-chairman of the board refuses to call a meeting of the board after a requisition for that purpose, signed by three members of the board, has been presented to him, any three members of the board may forthwith call a meeting and if the chairman or vice-chairman (without so refusing) does not, within seven days after the presentation of the requisition, call a meeting of the board, any three members of the board may, on the expiration of those seven days, call a meeting of the board.

21. Three clear days at least before a meeting of the board, notice of the time and place of the intended meeting signed by the chairman or vice-chairman or, if the meeting is called by members of the board, by those members, shall be fixed at the place at which the board are accustomed to meet and, if the meeting is called by members of the board, the notice shall specify the business proposed to be transacted thereat.

22. Three clear days at least before any meeting of the board, a summons to attend the meeting, specifying the business proposed to be transacted thereat and signed by the secretary of the board, shall be left or delivered by post at the usual place of abode of every member of the board, but failure so to leave or deliver such summons for or to a member or some of the members of the board shall not affect the validity of a meeting.

23. No business shall be transacted at a meeting of the board other than that specified in the summons relating thereto.

24. At a meeting of the board—

(a) the chairman of the board shall, if he is present, be chairman of the meeting,

(b) if and so long as the chairman of the board is not present or the office of chairman is vacant, the vice-chairman shall, if he is present, be chairman of the meeting,

(c) if and so long as the chairman of the board is not present or the office of chairman is vacant and the vice-chairman is not present or the office of vice-chairman is vacant, the members of the board who are present shall choose one of their number to be chairman of the meeting.

25. Minutes of the proceedings of a meeting of the board shall be drawn up and entered in a book kept for that purpose and shall be signed by the chairman of the meeting or of the next ensuing meeting.

26. The names of the members present at a meeting of the board shall be recorded in the minutes of the proceedings of the meeting.

27. The names of the members voting on any question arising at a meeting of the board shall be recorded in the minutes of the proceedings of the meeting and the record shall show which members voted for and which against the question.

28. All acts of the board and all questions coming or arising before the board may be done and decided by the majority of such members of the board as are present and vote at a meeting of the board duly held according to law.

29. In case of equality of votes on any question arising at a meeting of the board, (other than the election of a chairman or vice-chairman) the chairman of the meeting shall have a second or casting vote.

30. A member of the board who has—

(a) any interest in any company or concern with which the board proposes to make any contract, or

(b) any interest in any contract which the board proposes to make,

shall disclose to the board the fact of the interest and the nature thereof, and shall take no part in any deliberation or decision of the board relating to the contract, and any such disclosure shall be recorded in the minutes of the board.

31. The board may make standing orders for the regulation of its proceedings, other than proceedings the regulation of which is provided for by or under statute (including this Act), and may amend or revoke such standing orders.

32. The seal of the board shall be authenticated by the signature of the chairman (or some other member authorised to act in that behalf) and the signature of an officer of the board authorised to act in that behalf.