Hospitals Federation and Amalgamation Act, 1961
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) In this Act—
“the Act of 1729” means the pre-Union Irish Statute passed in the year 1729 entitled “Act for furnishing and regulating the Hospital founded by Richard Stephens, Esquire, Doctor of Physic” (3Geo. II, c. 23);
“the Act of 1750” means the pre-Union Irish Statute passed in the year 1750 and entitled “An Act for regulating the Hospital founded by Mary Mercer, Spinster” (23 Geo. II, c. 18);
“the Act of 1800” means the pre-Union Irish Statute passed in the year 1800 and entitled “An Act for repealing an Act passed in the twenty-fifth Year of his present Majesty, entitled An Act for establishing a complete School of Physic in this Kingdom; and also for repealing an Act passed in the thirty-first Year of his present Majesty, entitled an Act to explain and amend an Act for establishing a complete School of Physic in this Kingdom and also for extending and enlarging the Powers of the President and Fellows of the King and Queen's College of Physicians, and establishing a complete School of Physic in this Kingdom” (40 Geo. III, c. 84);
“the Board of Management of the Adelaide Hospital” means the Board in whom the management of the Adelaide Hospital is vested under the Charter dated the 15th day of February, 1921, by which that Hospital was constituted;
“the Board of Governors of the National Children's Hospital” means the Board established by the Articles of Association of the National Children's Hospital in whom the management of the business of that Hospital is vested;
“the Board of Directors of the Royal City of Dublin Hospital” means the Board established by the Deed of Co-Partnership of 1875 in whom the general management, care and superintendence of the Royal City of Dublin Hospital is vested;
“the Council” has the meaning specified in subsection (1) of section 5;
“the Deed of Co-Partnership of 1875” means the Indenture made on the 12th day of January, 1875, between Henry Gray Croly, John Hawtrey Benson, Loftie Stoney, William Ireland Wheeler, Arthur Edward J. Barket, John Magee Finny, and Henry Fitzgibbon of the First part, Alfred Hancock Middleton of the second part, and Joseph Boyce, Joseph W. Casson, Jonathan Hogg, Edward Hudson Kinahan, Francis Low, Joseph Manning, Archibald McComas, Thomas Pim, junior, John Robinson, John J. Robertson, Robert Stanley, Alfred Clayton Thistleton, John E. Vernon, and William Watson of the third part, and the said Edward Hudson Kinahan, Jonathan Hogg and Thomas Pim, junior, of the fourth part;
“the establishment day” means the day appointed to be the establishment day for the purposes of this Act by order of the Minister under section 2 ;
“functions” includes powers and duties;
“the governing body” means—
(a) in relation to the Adelaide Hospital—the Board of management of the Adelaide Hospital,
(b) in relation to the Meath Hospital—the joint committee of that Hospital,
(c) in relation to Mercer's Hospital—the members of the body corporate established by the Act of 1750,
(d) in relation to the National Children's Hospital—the Board of Governors of the National Children's Hospital,
(e) in relation to the Royal City of Dublin Hospital—the Board of Directors of the Royal City of Dublin Hospital,
(f) in relation to Sir Patrick Dun's Hospital—the Governors of Sir Patrick Dun's Hospital,
(g) in relation to Dr. Steevens' Hospital—the members of the body corporate established by the Act of 1729;
“the Governors of Sir Patrick Dun's Hospital” means the board in whom the government of Sir Patrick Dun's Hospital is vested by section 4 of the Act of 1800;
“hospital board” has the meaning specified in section 6;
“the Minister” means the Minister for Health;
“the Meath Hospital” means the Meath Hospital or County of Dublin Infirmary;
num: 2
paragraphs: —The Minister may by order appoint a day to be the establishment day for the purposes of this Act.
num: 3
paragraphs: —(1) The Minister may, at the request of the Council, by order appoint a day to be the transfer day for the purposes of this Act.
(2) (a) A request under subsection (1) of this section shall not be made save with the consent of two-thirds of such of the following hospital boards as exist when the request is made, that is to say:
(i) the hospital board of the Adelaide Hospital,
(ii) the hospital board of the Meath Hospital,
(iii) the hospital board of Mercer's Hospital,
(iv) the hospital board of the National Children's Hospital,
(v) the hospital board of the Royal City of Dublin Hospital,
(vi) the hospital board of Sir Patrick Dun's Hospital,
(vii) the hospital board of Dr. Steevens' Hospital.
(b) Where the calculation of two-thirds pursuant to paragraph (a) of this subsection gives a whole number and a fractional remainder, the next higher whole number shall be taken as the result of the calculation.
(c) Where two or more hospital boards are amalgamated under section 16 of this Act, paragraph (a) of this subsection shall have effect as if the subparagraphs in that paragraph referring to those boards were deleted and, for the first of those subparagraphs, there were substituted a subparagraph referring to the board into which those boards are amalgamated.
(3) Where a hospital board has not given its consent to a request made under subsection (1) of this section—
(a) the Minister shall inform the board of the request having been made and shall not make an order under subsection (1) of this section before the expiration of one month after the board have been so informed,
(b) the board may, within the said month, resolve that the hospital of the board shall cease to be a member of the Federated Dublin Voluntary Hospitals,
(c) if the board resolve as aforesaid, the Minister shall by order effect the cesser of the membership of the hospital of the Federated Dublin Voluntary Hospitals and shall not, until after the commencement of such order, make an order under subsection (1) of this section,
(d) an order made under the foregoing paragraph may—
(i) contain all such provisions as appear to the Minister to be necessary or expedient for the purpose of effecting the cesser, including provisions modifying any of the provisions of this Act,
num: 4
paragraphs: —(1) There shall, by virtue of this section, be established on the establishment day a hospital group which shall be known as the Federated Dublin Voluntary Hospitals and the members of which shall be the participating hospitals.
(2) The Minister may, by order made on the request of the Council, change the name of the said hospital group.
num: 5
paragraphs: —(1) There shall, by virtue of this section, be established on the establishment day a body which shall be known as the Central Council of the Federated Dublin Voluntary Hospitals (in this Act referred to as the Council) and which shall be charged with the performance of the functions assigned to it by the subsequent provisions of this Act.
(2) The Council shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.
(3) The Council may build, equip, maintain and administer hospitals.
(4) The Council shall provide and have an official seal.
(5) The seal of the Council shall be authenticated by the signature of the chairman or vice-chairman of the Council and the signature of an officer of the Council duly authorised by the Council to act in that behalf.
(6) Judicial notice shall be taken of the seal of the Council, and every document purporting to be an instrument made by the Council and to be sealed with the seal (purporting to be authenticated in accordance with this section) of the Council shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.
(7) The Minister may, by order made on the request of the Council, change the corporate name of the Council.
num: 6
paragraphs: —(1) On the establishment day, there shall, by virtue of this section, be established for each participating hospital a board (in this Act referred to as a hospital board) the members of which shall be the persons who, immediately before the establishment day, constituted the governing body of the hospital.
(2) Subject to this Act and any orders made thereunder—
(a) a hospital board shall stand substituted for all purposes for the governing body of its hospital and that body shall be regarded as merged in the board,
(b) the hospital board shall accordingly meet, act and perform functions as if it were that body and for that purpose shall be subject, as if it were that body, to the provisions which, immediately before the establishment day, applied to that body with respect to meeting, acting and performing functions.
num: 7
paragraphs: —(1) (a) The number of members of the Council shall, subject to the next paragraph, be forty.
(b) Whenever—
(i) the Council and a university, college or other institution enter into an agreement for the clinical education of medical students, and
(ii) the agreement provides for the appointment by the university, college or other institution of two members of the Council,
there shall be an additional two members of the Council to be appointed by the university, college or other institution.
(2) Before the establishment day—
(a) each of the governing bodies of the participating hospitals shall appoint five persons (two, but not more than two, of whom shall be members of the visiting medical staff of the hospital concerned) to be members of the Council.
(b) the Dublin Health Authority shall appoint five persons to be members of the Council.
(3) Before the 1st day of December in each appointment year for members of the Council appointed by hospital boards, each hospital board shall appoint five persons (two, but not more than two, of whom shall be members of the visiting medical staff of the hospital concerned or of the visiting medical staff of all the participating hospitals) to be members of the Council.
(4) In each appointment year for members of the Council appointed by the Dublin Health Authority, that authority shall, at their first meeting after the quinquennial appointment of their members in that year, appoint five persons to be members of the Council.
(5) Where an agreement under paragraph (b) of subsection (1) of this section is entered into—
(a) the university, college or other institution shall forthwith appoint two persons to be members of the Council,
(b) before the 1st day of December in each appointment year for members of the Council appointed consequent upon an agreement under paragraph (b) of subsection (1) of this section, the university, college or other institution shall appoint two persons to be members of the Council.
(6) The term of office of a member of the Council shall commence—
(a) in the case of a member appointed before the establishment day—on that day,
(b) in the case of a member appointed by a hospital board—on the 1st day of December in the year in which he is appointed or, where he is a member filling a casual vacancy, the day on which he is appointed,
(c) in the case of a member appointed by the Dublin Health Authority on or after the establishment day—on the day after the day on which he is appointed,
(d) in the case of a member appointed consequent upon an agreement under paragraph (b) of subsection (1) of this section—
(i) where he is appointed pursuant to paragraph (b) of subsection (5) of this section—on the 1st day of December in the year in which he is appointed, and
(ii) where he is not so appointed—on the day on which he is appointed.
(7) The term of office of a member of the Council shall, unless he sooner dies, resigns or ceases to be a member under subsection (8) of this section, terminate—
(a) in the case of a member appointed, during an appointment year for members appointed by hospital boards and before the 1st day of December in that year, by a hospital board to fill a casual vacancy—on the 30th day of November in that year,
(b) in the case of a member appointed by the governing body of a participating hospital or a member, other than a member referred to in the foregoing paragraph, appointed by a hospital board—on the 30th day of November in such appointment year for members of the Council appointed by hospital boards as next follows the commencement of his term of office,
(c) in the case of a member appointed by the Dublin Health Authority—on the day of such first meeting of that Authority after a quinquennial appointment of the members of that Authority as next follows the commencement of his term of office,
(d) in the case of a member appointed consequent upon an agreement under paragraph (b) of subsection (1) of this section—
(i) where the appointment is made in an appointment year for members of the Council appointed consequent upon an agreement under paragraph (b) of subsection (1) of this section and before the 1st day of December in that year and is an appointment pursuant to paragraph (a) of subsection (5) of this section or an appointment to fill a casual vacancy—on the 30th day of November in that year, and
(ii) where the appointment is not so made—on the 30th day of November in such appointment year for members of the Council appointed consequent upon an agreement under paragraph (b) of subsection (1) of this section as next follows the commencement of his term of office.
(8) Any member of the Council who is absent from meetings of the Council for a continuous period of six months and who, on being requested by the Council to furnish an explanation of such absence, fails to furnish an explanation which is satisfactory to the Council shall cease to be a member thereof on a date to be determined by the Council.
(9) A member of the Council may at any time resign his office by letter sent to the Council and every such resignation shall, unless previously withdrawn, take effect as from the commencement of the meeting of the Council held next after the receipt of the letter.
(10) Where a casual vacancy in the membership of the Council occurs, it shall be filled—
(a) in case the member by whom the vacancy was occasioned was appointed by the governing body of a participating hospital—by appointment by the hospital board of that hospital,
(b) in case such member was appointed by a hospital board—by appointment by that board,
(c) in case such member was appointed by a university, college or other institution consequent upon an agreement under paragraph (b) of subsection (1) of this section—by that university, college or other institution,
(d) in case such member was appointed by the Dublin Health Authority—by appointment by that Authority.
(11) For the purposes of this section—
(a) the appointment years for members of the Council appointed by hospital boards shall be the third year after the year in which the establishment day falls and each third successive year thereafter (not being the year in which the transfer day occurs or any subsequent year), and
(b) the appointment years for members of the Council appointed by the Dublin Health Authority shall be the years after the establishment day in which there are quinquennial appointments of the members of that Authority, and
(c) the appointment years for members of the Council appointed consequent upon an agreement under paragraph (b) of subsection (1) of this section shall be the third year after the year in which the establishment day falls and each third successive year thereafter.
(12) The Minister, at any time before the transfer day, may, at the request of the Council and with the consent of the boards of all the participating hospitals, by order vary the composition of the Council and any such order may modify the foregoing subsections of this section.
num: 8
paragraphs: —(1) Every person who, on the establishment day, becomes a member of a hospital board (other than the board of the Meath Hospital) shall continue to be a member of that board until he dies, resigns or ceases under subsection (2) or subsection (3) of this section to be a member thereof.
(2) Any member of a hospital board who is absent from meetings of the board for a continuous period of six months and who, on being requested by the board to furnish an explanation of such absence, fails to furnish an explanation which is satisfactory to the board shall cease to be a member thereof on a date to be determined by the board.
(3) Any member of a hospital board who
(a) became a member of the board by virtue of his having been, immediately before the establishment day, a member, appointed on the recommendation of a local authority, of the governing body of the hospital, or
(b) was co-opted as a member of the board on the recommendation of the Dublin Health Authority,
shall cease to be a member of the board on the day of such first meeting of the Dublin Health Authority after a quinquennial appointment of the members of that Authority as next follows the commencement of his term of office.
(4) Where a vacancy occurs in the membership of a hospital board (other than the board of the Meath Hospital), the vacancy shall be filled by co-option by the board.
(5) Where a vacancy in the membership of a hospital board falling to filled under subsection (4) of this section is caused by—
(a) a person ceasing under subsection (3) of this section to be a member of the board, or
(b) the death, resignation or cesser of membership under subsection (2) of this section of a person who, if he had not died, resigned or so ceased to be a member of the board, would have ceased under subsection (3) of this section to be a member of the board,
the hospital board, in filling the vacancy, shall have regard to any recommendation made by the Dublin Health Authority as to the person to be co-opted.
(6) The membership of the hospital board of the Meath Hospital shall be governed by the provisions of sections 4 , 4A, 5 , 6 , 7 , 8 , 10 and 11 of the Meath Hospital Act, 1951 , as amended by subsection (12) of section 24 of the Health Authorities Act, 1960 , in like manner as if the board were the joint committee of the Meath Hospital, and, for that purpose, a member of the board ceasing under subsection (2) of this section to be a member of the board shall be deemed to have resigned.
(7) (a) The Minister may, if he so thinks proper but subject to the next paragraph, by order modify the composition of a hospital board (other than the board of the Meath Hospital).
(b) An order under this subsection shall not be made save on and in accordance with the request of the hospital board concerned.
num: 9
paragraphs: —(1) The Council shall hold its first meeting on the establishment day at such time and in such place as the Minister may appoint.
(2) The Council shall in every year commencing after the establishment day hold a meeting (in this Act referred to as an annual meeting) on such day as the Council may appoint.
(3) Subject to the provisions of this section, the Council shall hold such and so many meetings as may be necessary for the performance of its functions.
num: 10
paragraphs: —(1) The Council shall—
(a) at its first meeting, and
(b) at its first meeting after the 1st day of December in—
(i) the third year after the year in which the establishment day falls, and
(ii) each successive third year thereafter,
elect one of its members to be chairman of the Council and another of its members to be vice-chairman of the Council.
(2) Every person elected to be chairman or vice-chairman of the Council shall, unless he sooner dies, resigns or is disqualified, hold office as chairman or vice-chairman until his successor is elected.
(3) Where the office of chairman or vice-chairman becomes vacant through the death, resignation or disqualification of the chairman or vice-chairman, the Council shall at the next meeting after the vacancy has taken place elect one of its members to be chairman or vice-chairman.
(4) The chairman or vice-chairman of the Council may at any time resign his office as chairman or vice-chairman by letter sent to the Council, and every such resignation shall, unless previously withdrawn, take effect at the commencement of the meeting of the Council held next after the receipt of the letter.
(5) Where the chairman or the vice-chairman of the Council ceases during his term of office as chairman or vice-chairman to be a member of the Council, he shall be disqualified for being and shall forthwith cease to be chairman or vice-chairman.
(6) Where at the election of chairman of the Council, there is an equality of votes for two or more persons, one of those persons shall be elected by lot.
num: 11
paragraphs: —(1) The quorum for a meeting of the Council shall be one-third of the number of the members of the Council or, where that number is not divisible by three without a remainder, one-third of the next higher number so divisible.
(2) At a meeting of the Council—
(a) the chairman of the Council shall, if he is present, be chairman of the meeting;
(b) if and so long as the chairman of the Council is not present or if the office of chairman is vacant, the vice-chairman of the Council shall, if and so long as he is present, be chairman of the meeting;
(c) if and so long as the chairman of the Council is not present or if 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 Council who are present shall choose one of their number to be chairman of the meeting.
(3) Every question at a meeting of the Council shall be determined by a majority of the votes of the members present and voting on the question and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote save where the question is the election of the chairman of the Council.
(4) The Council may act notwithstanding one or more vacancies amongst its members.
(5) Where—
(a) any body purports to appoint a person a member of the Council, and
(b) such person acts as such member, and
(c) there was any informality in the purported appointment of such person,
then, the acts and proceedings of such person shall, for the purposes of the proceedings of the Council but not further or otherwise, be as valid and effectual as if there had been no such informality.
(6) Subject to the provisions of this Act, the Council may, by standing orders or otherwise, regulate the procedure and business of the Council.
num: 12
paragraphs: —(1) The Council may from time to time appoint such and so many committees as it may think fit for purposes connected with the exercise of any of the functions of the Council which in the opinion of the Council would be better or more conveniently regulated or managed by or through a committee.
(2) Every committee appointed under this section shall consist of such number of members as the Council may direct and may be composed either wholly of members of the Council or partly of such members and partly of other persons.
(3) Where a committee appointed under this section is composed partly of members of the Council and partly of other persons, the number of such other persons shall not exceed one-fourth of the total membership of such committee.
(4) The quorum and procedure of any committee appointed under this section shall be such as may be determined by the Council.
(5) The Council may delegate any of its functions to a committee appointed under this section.
(6) The acts of every committee appointed under this section shall be subject to confirmation by the Council, save that the Council may empower any particular such committee to do any act within the authority conferred on the committee by the Council which the Council itself could lawfully do.
num: 13
paragraphs: —(1) The Council may employ such staff as is necessary for the performance of its functions.
(2) The numbers, grades, remuneration, tenure of office and conditions of service of the members of the staff of the Council shall be determined from time to time by the Council.
num: 14
paragraphs: —(1) The following functions in relation to the participating hospitals (in this Act referred to as functions assigned to the Council) shall be performed by the Council:
(a) during the period of four years beginning on the establishment day, the examination of annual estimates and supplementary estimates of expenditure on the running of hospitals, and suggesting of amendments to such estimates,
(b) after the expiration of the said period, the approval of estimates and supplementary estimates of expenditure on the running of hospitals and the approval of any amendments of such estimates,
(c) the submission of claims to the Hospitals Commission for payment on foot of deficits,
(d) the control of capital expenditure (that is to say, expenditure in respect of major structural undertakings, expenditure in respect of the provision and renewal of equipment for specialised units and all other expenditure of an exceptional or extraordinary nature) and of applications for funds for such expenditure,
(e) the determination of the form of accounts to be kept by hospitals,
(f) the appointment of visiting medical staff (all such appointments being to the Federated Dublin Voluntary Hospitals and not to an individual hospital),
(g) the assignment, subject to subsection (2) of this section, to individual hospitals of the visiting medical staff so appointed,
(h) the determination of the hospitals in which particular clinical units shall be located,
(i) the assignment of professorial units to particular hospitals,
(j) the apportionment of beds among the visiting medical staff,
(k) the co-ordination of activities in relation to medical education, the conduct of negotiations in regard to such education with the appropriate university, college or other institution (including the making of suitable agreements with such bodies to ensure efficient clinical instruction for medical students) and the provision of facilities for post graduate instruction,
(l) subject to subsection (3) of this section, the co-ordination of activities in relation to nursing education and the conduct of negotiations in regard to such education with An Bord Altranais,
(m) any other functions which may be assigned to the Council by resolution passed by the boards of all the hospitals.
(2) The Council shall not assign any visiting medical staff to a participating hospital of a particular denominational character unless the assignment is in accord with such character save with the approval of the hospital board concerned.
(3) In the exercise of its functions in relation to the co-ordination of the activities of the participating hospitals in the matter of nursing education and the conduct of negotiations in regard to such matters with An Bord Altranais, the Council shall take no action which would operate to—
(a) involve a student nurse in any arrangement for attending lectures on the ethics and psychology of nursing which do not conform to her religious beliefs, or
(b) interfere with the autonomy of a nursing school attached to any participating hospital of a particular denominational character.
(4) On and after the transfer day, the Council shall perform the functions which, immediately before the transfer day, were performable by hospital boards.
(5) Nothing in this section shall operate to terminate or affect in any way any rights which a person who, immediately before the establishment day, was a member of the visiting medical staff of a particular participating hospital then had as such member.
num: 15
paragraphs: —(1) A hospital board shall not perform any of the functions assigned to the Council.
(2) After the expiration of the period of four years beginning on the establishment day, a hospital board shall not incur expenditure save within the limits of an estimate or an amended estimate approved of by the Council.
(3) Moneys collected by a hospital board by public appeal shall not be used by the board for capital purposes without the consent of the Council.
(4) Subject to the foregoing subsections of this section, a hospital board shall perform all the functions which, immediately before the establishment day, were performable by the governing body of the hospital of the board.
num: 16
paragraphs: —(1) The Council may, with the consent of two or more hospital boards (given in accordance with such procedure as may be prescribed) and with the consent of the Minister, by order amalgamate the boards into one board and transfer their functions to that board.
(2) An order under this section may contain all such provisions as appear to the Council to be necessary or expedient for the purpose of enabling the amalgamation and transfer to have effect, including provisions modifying any of the provisions of this Act, and it shall be obligatory for the order to modify section 7 of this Act so that the representation on the Council of the new amalgamated board shall be equal in numbers to the sum of the representation thereon prior to the amalgamation of the two or more boards which were the subject of the amalgamation.
num: 17
paragraphs: —(1) The Council may, with the consent of a hospital board (given in accordance with such procedure as may be prescribed) and with the consent of the Minister, by order dissolve the board and transfer its functions to the Council.
(2) An order under this section may contain all such provisions as appear to the Council to be necessary or expedient for the purpose of enabling the dissolution and transfer to have effect, including provisions modifying any of the provisions of this Act, and it shall be obligatory for the order to modify section 7 of this Act so that the representation of the dissolved board on the Council shall cease.
num: 18
paragraphs: —The Council and the body controlling a hospital which is not a participating hospital may make and carry out an agreement for joint action with respect to any matters on such terms as may be agreed upon between the Council and the body with the consent of the Minister.
num: 19
paragraphs: —(1) On the transfer day, the following provisions shall, by virtue of this subsection, have effect:
(a) the Adelaide Hospital, Dublin, and the hospital board for the Adelaide Hospital shall be dissolved and shall cease to exist,
(b) the Governors and Governesses of the Meath Hospital or County of Dublin Infirmary and the hospital board for the Meath Hospital shall be dissolved and shall cease to exist,
(c) the body corporate established by the Act of 1750 and the hospital board for Mercer's Hospital shall be dissolved and shall cease to exist,
(d) National Children's Hospital and the hospital board for the National Children's Hospital shall be dissolved and shall cease to exist,
(e) the organisation of Sir Patrick Dun's Hospital and the hospital board therefor shall be dissolved and shall cease to exist,
(f) the organisation of the Royal City of Dublin Hospital and the hospital board therefor shall be dissolved and shall cease to exist,
(g) the body corporate established by the Act of 1729 and the hospital board for Dr. Steevens' Hospital shall be dissolved and shall cease to exist.
num: 20
paragraphs: —(1) The expenses of the Council prior to the transfer day shall, to the extent that they are not met by other receipts, be met by contributions from the participating hospitals.
(2) For the purposes of subsection (1) of this section—
(a) as respects—
(i) the year in which the establishment day falls where that day is the 1st day of January in that year, and
(ii) a year after that in which the establishment day falls and before that in which the transfer day falls,
a hospital board shall pay to the Council such sum as bears to the expenses of the Council for the year the same proportion as the number of hospital beds available for patients in the hospital on the 1st day of January in the year bears to the total number of hospital beds available for patients in the participating hospitals on that 1st day of January,
(b) as respects the period beginning on the establishment day, where that day is not a 1st day of January, and ending on the 31st day of December in the year in which the establishment day falls—a hospital board shall pay to the Council such sum as bears to the expenses of the Council for the period the same proportion as the number of hospital beds available for patients in the hospital on the establishment day bears to the total number of hospital beds available for patients in the participating hospitals on that day,
(c) as respects the period beginning on the 1st day of January in the year in which the transfer day falls, where that day is not that 1st day of January, and ending on the transfer day—a hospital board shall pay to the Council such sum as bears to the expenses of the Council for the period the same proportion as the number of hospital beds available for patients in the hospital on that 1st day of January bears to the total number of hospital beds available for patients in the participating hospitals on that 1st day of January.
num: 21
paragraphs: —Notwithstanding any other provision of this Act—
(a) a member of the Council on the transfer day who was appointed by the governing body of a participating hospital or a hospital board shall continue to be a member of the Council until his death, resignation or cesser of membership under subsection (8) of section 7 of this Act,
(b) where a casual vacancy in the membership of the Council occurs on or after the transfer day and the member by whose death, resignation or cesser of membership under subsection (8) of section 7 of this Act the vacancy was occasioned was appointed by the governing body of a participating hospital or a hospital board or by co-option under this paragraph—
(i) the vacancy shall be filled by co-option by the other members of the Council,
(ii) if such member was a member of the visiting medical staff of a participating hospital or of the visiting medical staff of the participating hospitals or of the visiting medical staff of any hospital administered by the Council, the person co-opted shall also be a member of one of those visiting medical staffs,
(iii) the person co-opted shall continue to be a member of the Council until death, resignation or cesser of membership under subsection (8) of section 7 of this Act.
num: 22
paragraphs: —(1) This Act and any orders made thereunder shall have effect notwithstanding anything contained in the Acts and instruments specified in the Third Schedule to this Act and the said Acts and instruments shall be construed accordingly.
num: 23
paragraphs: —(1) At any time before the establishment day, the Minister may, if he so thinks proper but subject to the next subsection, by order modify the composition of the governing body of a participating hospital (other than the governing body of the Meath Hospital).
(2) An order under this section shall not be made save on and in accordance with the request of the governing body concerned.
num: 24
paragraphs: —Every order made under this Act 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 has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
num: 25
paragraphs: —The agreement made on the 15th day of May, 1961, a copy whereof is set out in the Fourth Schedule to this Act, is hereby confirmed and for that purpose it is hereby declared and enacted as follows:
(a) the said agreement shall have statutory effect and shall be binding on the several parties thereto as fully as if it had been enacted in this Act;
(b) each party to the said agreement shall, notwithstanding any limitations on the power of such party to enter into the said agreement, have and be deemed always to have had power to enter into the said agreement;
(c) it shall be the duty of each party to the said agreement and such party is hereby empowered to carry out the said agreement so far as the provisions thereof are to be performed by such party.
num: 26
paragraphs: —(1) From and after the passing of this Act, no member of the Board of Directors of the Royal City of Dublin Hospital, whether past or present, shall be adjudged personally liable for any debt or other liability incurred or to be incurred by or on behalf of and with the sanction of the said Board and for the benefit of or in respect of the running, upkeep, maintenance or administration of the Royal City of Dublin Hospital.
(2) The liability of the said Board for the debts or other liabilities mentioned in the foregoing subsection shall extend only to the general funds and other assets of the said Hospital in the hands or under the control of the said Board or of any trustee or trustees appointed by the said Board.
num: 27
paragraphs: —This Act may be cited as the Hospitals Federation and Amalgamation Act, 1961.