Health Act, 1953

Health Act, 1953 Disclaimer Feedback Helpdesk Gaeilge Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1953 Health Act, 1953 Health Act, 1953 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 26 of 1953. HEALTH ACT, 1953. ARRANGEMENT OF SECTIONS Part I. PRELIMINARY AND GENERAL. Section 1. Short title and collective citation. 2. Commencement. 3. Principal Act and construction of that Act and this Act. 4. General saver. 5. Repeals. Part II. INSTITUTIONS. 6. Extension of meaning of “institution”. 7. District institutions and dispensaries. 8. Conduct and management of health institution. 9. Direction with respect to institutional services. 10. Extern institutions. 11. Transfer of officers on discontinuation of health institution. 12. Religious Services. 13. Exemption from local inquiry. Part III. HEALTH SERVICES. 14. General medical services. 15. Institutional and specialist services. 16. Medical care for mothers. 17. Infant welfare services. 18. Child welfare services. 19. School health examination and treatment service. 20. Dental, ophthalmic and aural services, for children. 21. Dental, ophthalmic and aural services, for middle income group. 22. Regulations in relation to services. 23. Maternity cash grants. 24. Milk for mothers and children. 25. Institutional services at choice of patient, etc. 26. Institutional services for persons not entitled to services under section 15. 27. Declaration as to means. 28. Notification of change of circumstances. 29. Determination of doubt as to responsible health authority. 30. Charge where person not entitled obtains service. 31. Recovery of charges. 32. Affording of facilities for health examination of children at schools. 33. False statements, etc. Part IV. MISCELLANEOUS AMENDMENTS OF PRINCIPAL ACT. 34. Amendment of section 31 of Principal Act. 35. Amendment of section 38 of Principal Act. 36. Amendment of section 44 of Principal Act. 37. Amendment of section 48 of Principal Act. 38. Regulations under Part V of Principal Act. 39. Amendment of section 65 of Principal Act. 40. Amendment of section 66 of Principal Act. 41. Amendment of section 98 of Principal Act. 42. Amendment of section 103 of Principal Act. 43. Amendment of section 104 of Principal Act. 44. Prosecution of certain offences. Part V. MISCELLANEOUS. 45. Joint action by health authorities. 46. Balrothery and Rathdown Boards of Assistance. 47. Arrangements between health authorities and other authorities. 48. Consultative health committees. 49. Agreement for provision of service. 50. Rehabilitation and maintenance of disabled persons. 51. Dispensary districts. 52. District medical officers. 53. Holders of certain offices under public assistance authorities. 54. Shelter and maintenance in county home. 55. Boarding out, etc., of children. 56. Removal of child boarded out, etc. 57. Local authority for purposes of Part I of Children Act, 1908. 58. Regulations as to filling materials. 59. Control of use, etc., of radio-active substances and irradiating apparatus. 60. Prohibition or control of use of certain verminicides. 61. Control of use of fumigants. 62. Facilities for teaching of clinical medicine or conduct of medical research. 63. Courses of instruction for medical officers. 64. Schools for training of nurses. 65. Assistance for certain bodies. 66. Dispensary residences under Public Assistance Act, 1939. 67. Apportionment of expenditure on central health service. 68. Inspection of provisions and water for crew of Irish ships. 69. Restriction of application of Public Assistance Act, 1939. 70. Amendment of Tuberculosis (Establishment of Sanatoria) Act, 1945. 71. Amendment of Mental Treatment Act, 1945. 72. Amendment of Health Services (Financial Provisions) Act, 1947. SCHEDULE. Enactments Repealed. Acts Referred to Health Act, 1947 No. 28 of 1947 Public Assistance Act, 1939 No. 27 of 1939 Social Welfare Act, 1952 No. 11 of 1952 Illegitimate Children (Affiliation Orders) Act, 1930 No. 17 of 1930 Health Services (Financial Provisions) Act, 1947 No. 47 of 1947 Local Government Act, 1941 No. 23 of 1941 Adoption Act, 1952 No. 25 of 1952 Medical Practitioners Act, 1927 No. 25 of 1927 Local Authorities (Officers and Employees) Act, 1926 No. 39 of 1926 Mental Treatment Act, 1945 No. 19 of 1945 Merchant Shipping Act, 1947 No. 46 of 1947 Tuberculosis (Establishment of Sanatoria) Act, 1945 No. 4 of 1945 Number 26 of 1953. HEALTH ACT, 1953. AN ACT TO AMEND AND EXTEND THE HEALTH ACT, 1947 , AND CERTAIN OTHER ENACTMENTS. [29th October, 1953.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— PART I. Preliminary and General. Short title and collective citation. 1.—(1) This Act may be cited as the Health Act, 1953. (2) The Principal Act and this Act may be cited together as the Health Acts, 1947 and 1953. Commencement. 2.—Save as otherwise specifically provided thereby, this Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions. Principal Act and construction of that Act and this Act. 3.—(1) In this Act “the Principal Act” means the Health Act, 1947 (No. 28 of 1947). (2) The Principal Act and this Act shall be construed together as one Act. (3) Without prejudice to the generality of subsection (2) of this section, a reference in the Principal Act to that Act shall, save where the context otherwise requires, be construed as including a reference to this Act. General saver. 4.—(1) Nothing in this Act or any instrument thereunder shall be construed as imposing an obligation on any person to avail himself or any service provided under this Act or to submit himself or any person for whom he is responsible to health examination or treatment. (2) Any person who avails himself of any service provided under this Act shall not be under any obligation to submit himself or any person for whom he is responsible to a health examination or treatment which is contrary to the teaching of his religion. Repeals. 5.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule. 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. PART III. Health Services. General medical services. 14.—(1) A health authority shall, in accordance with regulations, make available, without charge, for the persons specified in subsection (2) of this section, and their dependants, a general practitioner medical and surgical service, medicines, ophthalmic, dental and aural treatment and medical, surgical and dental appliances. (2) The persons referred to in subsection (1) of this section are persons who are unable to provide by their own industry or other lawful means the medical, surgical, ophthalmic, dental or aural treatment, or medicines, or medical, surgical or dental appliances necessary for themselves or their dependants. Institutional and specialist services. 15.—(1) A health authority shall, in accordance with regulations, make available institutional and specialist services for the persons specified in subsection (2) of this section. (2) The persons referred to in subsection (1) of this section are the following persons and their dependants: (a) persons insured under the Social Welfare Act, 1952 (No. 11 of 1952), (b) adult persons whose yearly means are less than six hundred pounds, (c) adult persons whose yearly means are, in the opinion of the health authority, derived wholly or mainly from farming, the rateable valuation of the farm or farms (including the buildings thereon) being fifty pounds or less, (d) persons not specified in the foregoing paragraphs who, in the opinion of the health authority, would be unable, without undue hardship, to provide institutional and specialist services for themselves or their dependants. (3) Institutional services under subsection (1) of this section shall be made available without charge for the persons specified in subsection (2) of section 14 of this Act and to such other persons specified in subsection (2) of this section as may be determined by the health authority. (4) Where institutional services are made available under subsection (1) of this section, in cases not governed by subsection (3) of this section, there shall be charged such charges, not exceeding six shillings for each day during which institutional services are availed of, as may be determined by the health authority, save in such cases (being cases of persons specified in paragraph (d) of subsection (2) of this section or dependants of such persons) as may be specified by regulations made by the Minister with the consent of the Minister for Finance and, in those cases, there shall be charged the charges approved of or directed by the Minister towards the cost of the services. (5) Specialist services under subsection (1) of this section shall be made available without charge. (6) In paragraph (b) and paragraph (c) of subsection (2) of this section, the reference to yearly means includes, in addition to the yearly means of the person in question— (a) the yearly means of the spouse (if any) of such person, where the spouse is resident with such person, and (b) the yearly means of any unmarried son or daughter of (i) such person, or (ii) the spouse (if any) of such person, or (iii) any deceased spouse of such person, where the son or daughter is normally resident with such person. (7) A health authority shall, in accordance with regulations, make available, without charge, institutional and specialist services for pupils of national schools in respect of defects discovered at school health examinations. (8) Yearly means shall be calculated for the purposes of this section in accordance with Rule 1 of the Rules contained in the Seventh Schedule to the Social Welfare Act, 1952 . (9) Where a decision taken in pursuance of paragraph (b) of subsection (2) of this section is a decision that the yearly means of the adult person are not less than six hundred pounds, an appeal shall lie from the decision to a person appointed by the Minister, and regulations may make provision with respect to the making and determination of appeals under this subsection. (10) For the purposes of this section, specialist services shall not include ophthalmic or aural services and services provided otherwise than in a hospital, convalescent home or home for persons suffering from physical or mental disability shall not be institutional services. Medical care for mothers. 16.—(1) A health authority shall, in accordance with regulations, make available, without charge, medical, surgical, midwifery, hospital and specialist services for attendance to the health of women (being women specified in subsection (2) of this section) in respect of motherhood. (2) The women referred to in subsection (1) of this section are: (a) women who are in, or who are dependants of persons in, any of the classes mentioned in subsection (2) of section 15 of this Act, (b) women by or on behalf of whom such contributions as may be required by regulations have been made towards the cost of the services under this section. (3) The regulations referred to in paragraph (b) of subsection (2) of this section— (a) shall provide that contributions shall be at the rate of the appropriate amount for each year (not being a year before marriage) in respect of which a contribution is payable, and (b) may require the making of different numbers of contributions in different circumstances, provided that advance payments of contributions (other than current contributions) shall not be required, and (c) shall provide that, subject to the provisions pursuant to paragraph (d) of this subsection, the appropriate amount referred to in paragraph (a) of this subsection shall be one pound, and (d) shall provide that the appropriate amount referred to in paragraph (a) of this subsection shall, for each successive period of five years (the first of such periods being the period of five years beginning on the day after the expiration of three years from the commencement of this section or such later day as the Minister may determine to be the earliest practicable day for the beginning of the first of such periods), be— (i) for persons other than persons who had paid a contribution in respect of the year immediately preceding such period, either— (I) such amount as may be fixed by the Minister for that period as the amount which will result in obtaining by contributions approximately one-half of the estimated cost, as determined by the Minister, during such period of the provision of the services for women by or on behalf of whom contributions at the rate fixed under this clause of this subparagraph are paid, or (II) two pounds, whichever is the less, and (ii) for persons who had paid a contribution in respect of the year immediately preceding such period, the amount payable by that person for that year or the amount fixed by the Minister as aforesaid, whichever is the less. (4) Regulations shall provide that any woman entitled to receive medical services under this section may receive them from such registered medical practitioner who has entered into an agreement with the health authority for the provision of those services and who is willing to accept her as a patient as she may choose. (5) Where a woman avails of services under this section for a confinement taking place otherwise than in a hospital or maternity home, the health authority shall make available, without charge, obstetrical requisites to such extent as may be specified by regulations. Infant welfare services. 17.—(1) A health authority shall, in accordance with regulations, make available, without charge, medical, surgical, hospital, specialist and nursing services for children up to the age of six weeks whose mothers are entitled to avail themselves of the services under section 16 of this Act. (2) Regulations shall provide that medical services under this section shall be made available for a child by such registered medical practitioner who has entered into an agreement with the health authority for the provision of those services and who is willing to accept the child as a patient as the parent of the child may choose. Child welfare services. 18.—A health authority shall, in accordance with regulations, make available, without charge, at clinics, health centres or similar institutions, medical, surgical and nursing services for children under the age of six years. School health examination and treatment service. 19.—(1) A health authority shall, in accordance with regulations, make available, without charge, a health examination and treatment service for the pupils attending schools to which this section applies. (2) This section applies to every school which is— (a) a national school or (b) a school to which an order under subsection (3) of this section applies. (3) Where a health authority are not satisfied that an adequate health examination service is available for the pupils attending a school in their functional area which provides elementary education and is not a national school, the health authority may by order direct that this section shall apply to the school. (4) Nothing in this section shall be construed as authorising a health authority to provide any general domiciliary service or any services such as are mentioned in section 15 or section 20 of this Act. Dental, ophthalmic and aural services, for children. 20.—A health authority shall, in accordance with regulations, make available dental, ophthalmic and aural treatment and dental, optical and aural appliances— (a) for pupils of national schools, in respect of defects discovered at school health examinations, and (b) for children under six years of age attending clinics, health centres or similar institutions, in respect of defects discovered at such clinics, centres or institutions, and the treatment and appliances shall be made available without charge, save that where any dental, optical or aural appliance is supplied as a replacement and the health authority are not satisfied that the replacement has become necessary otherwise than as a result of negligence, such charge may be made for the appliance as may be approved of or directed by the Minister. Dental, ophthalmic and aural services for middle income group. 21.—A health authority shall, in accordance with regulations, make available, either, as may be specified in the regulations, without charge or at charges approved of or directed by the Minister, dental, ophthalmic and aural treatment and dental, optical and aural appliances for the persons (including dependants) specified in paragraphs (a), (b) and (c) of subsection (2) of section 15 of this Act (exclusive of the persons specified in sections 14 and 20 of this Act). Regulations in relation to services. 22.—(1) The Minister may make regulations applicable to every health authority, every health authority of a particular class or a particular health authority as to the manner in which and the extent to which they are to make available the services specified in sections 14 to 21 of this Act and generally in relation to the administration of such services. (2) References in sections 14 to 21 of this Act to regulations are to regulations under this section. Maternity cash grants. 23.—(1) A health authority shall pay to a woman— (a) who is entitled to the services made available by the health authority under section 14 of this Act, and (b) whom it is not proposed to maintain in an institution after confinement (otherwise than for the purposes of medical or surgical treatment) by or at the expense of the health authority, and (c) who fulfils the prescribed conditions, a cash grant of four pounds in respect of each confinement. (2) In this section “confinement” means labour resulting in the issue of a living child, or labour after twenty-eight weeks of pregnancy resulting in the issue of a child whether alive or dead. (3) In deciding whether or not he shall make an order under the Illegitimate Children (Affiliation Orders) Act, 1930 (No. 17 of 1930), for the payment of the expenses incidental to the birth of a child, the Justice shall not take into consideration the fact that the mother of the child is entitled to a cash grant under this section. Milk for mothers and children. 24.—(1) A health authority may, subject to the prescribed conditions, make arrangements for the supply of milk to expectant and nursing mothers who are entitled to the services made available by the health authority under section 14 of this Act and to children to whom this section applies. (2) In this section “children to whom this section applies” means children under five years of age whose parents are unable from their own resources to provide such children with an adequate supply of milk. (3) The references in subsections (1) and (2) of this section to milk shall be construed as including references to such foods derived wholly or mainly from milk as may from time to time be approved of by the Minister. Institutional services at choice of patient, etc. 25.—(1) A person entitled, having regard to regulations under section 22 of this Act, to avail himself of institutional services under section 15 or section 16 of this Act, or the parent of a child entitled, having regard to regulations under section 22 of this Act, to allow the child to avail of the services under section 15 or section 17 of this Act, may, if he so desires, in lieu of accepting services made available by the health authority, arrange for the like services being made available for him or for the child (as the case may be)— (a) in any hospital approved of by the Minister for the purposes of this section, or (b) in any nursing home or maternity home approved of by the Minister for the purposes of this section, and where a person so arranges, the health authority shall, in accordance with such regulations as may be made by the Minister, make, in respect of the services made available, a payment as provided for in this section. (2) Where institutional services are made available in pursuance of subsection (1) of this section otherwise than in a private or semi-private ward in any institution (not being a health institution) with which the health authority have made an arrangement under section 10 of this Act, the payment to be made by the health authority to the institution in respect of the institutional services shall be equivalent to the payment which would be made to the institution pursuant to the said arrangement, less a sum of six shillings for each day during which the services are availed of. (3) Where institutional services are made available in pursuance of subsection (1) of this section, otherwise than in a private or semi-private ward in any institution (not being a health institution) with which the health authority have not made an arrangement under section 10 of this Act, the payment to be made by the health authority to the institution in respect of the institutional services shall be equivalent to the payment normally made by the health authority for similar services made available in an institution (otherwise than in a private or semi-private ward) with which the health authority have made an arrangement under section 10 of this Act, less a sum of six shillings for each day during which the services are availed of. (4) Where institutional services are made available in pursuance of subsection (1) of this section in a private or semi-private ward in any institution (not being a health institution) with which the health authority have made an arrangement under section 10 of this Act, the following provisions shall have effect: (a) the payment to be made by the health authority to the institution in respect of the institutional services shall be equivalent to the payment which would be made to the institution in accordance with the said arrangement for services otherwise than in private or semi-private wards, less a sum of six shillings for each day during which the services are availed of, (b) nothing in this Act or any regulations made thereunder shall be construed as restricting the amount of any charge which the institution may make on the person availing of the services. (5) Where institutional services are made available in pursuance of subsection (1) of this section in a private or semi-private ward in any institution (not being a health institution) with which the health authority have not made an arrangement under section 10 of this Act, the following provisions shall have effect: (a) the payment to be made by the health authority to the institution in respect of the institutional services shall be equivalent to the payment normally made by the health authority for similar services made available (otherwise than in a private or semi-private ward) in an institution with which the health authority have made an arrangement under section 10 of this Act, less a sum of six shillings for each day during which the services are availed of, (b) nothing in this Act or any regulations made thereunder shall be construed as restricting the amount of any charge which the institution may make on the person availing of the services. (6) Where institutional services are made available in pursuance of subsection (1) of this section in a nursing home or a maternity home, the following provisions shall have effect: (a) the payment to be made by the health authority to the home in respect of the institutional services shall be equivalent to the payment normally made by the health authority for similar services made available (otherwise than in a private or semi-private ward) in a hospital with which the health authority have made an arrangement under section 10 of this Act, less a sum of six shillings for each day during which the services are availed of, and unless the health authority otherwise determine, shall be limited to payment in respect of a period of six weeks in the case of a nursing home or two weeks in the case of a maternity home, (b) nothing in this Act or any regulations made thereunder shall be construed as restricting the amount of any charge which the institution may make on the person availing of the services. (7) Where institutional services are made available under section 15 , section 16 or section 17 of this Act in a private or semi-private ward in a health institution on request made by or on behalf of the patient, there shall be charged therefor, in addition to any charge under subsection (4) of section 15 of this Act, a sum equivalent to the difference between— (a) the charge approved of or directed by the Minister under section 26 of this Act for such services in a private or semi-private ward (as the case may be) in that institution, and (b) the charge approved of or directed by the Minister under section 26 of this Act for such services in that institution otherwise than in a private or semi-private ward. Institutional services for persons not entitled to services under section 15. 26.—(1) A health authority may make available institutional services for such persons as are not entitled to services under section 15 of this Act and they shall charge for any institutional services so made available the charges approved of or directed by the Minister. (2) Except in cases of urgent necessity, institutional services (other than institutional services in special accommodation designated by the health authority with the consent of the Minister) shall not be provided under this section for a person unless there is accommodation available which, at the time of such person's admission, is not required for a person entitled to services under section 15 of this Act. (3) A health authority may, with the consent of the Minister, make rules governing the provision of institutional services under this section and such rules may, in particular, contain provisions governing the making and amounts of payments to officers of the health authority in respect of any service or treatment given by them to persons who avail themselves of the institutional services. (4) An officer of a health authority providing institutional services shall not demand or take from any person availing himself of such services (or from any other person on behalf of such person) any payment in respect of the services given to such person, not being a payment demanded or taken on behalf of the health authority, unless the taking of the payment by the officer is expressly authorised by rules made under this section or by the terms of his appointment. (5) Regulations made under section 37 of the Public Assistance Act, 1939 , and in force immediately before the commencement of this section shall be deemed to be rules made under this section. (6) Nothing in this section shall affect the operation of section 14 or sections 16 to 21 of this Act or of section 31 of the Principal Act or any regulations under that section. Declaration as to means. 27.—For the purpose of determining whether a person is or is not entitled to any service provided by them under this Part of this Act, a health authority may require that person to make a declaration in such form as they consider appropriate in relation to his means and may take such steps as they think fit to verify the declaration. Notification of change of circumstances. 28.—(1) Where a person is recorded for the purposes of this section by a health authority as entitled on account of specified circumstances to a service provided by the health authority under this Part of this Act, he shall notify the health authority of any change in those circumstances such as renders him no longer entitled to the service. (2) Where a person knowingly contravenes subsection (1) of this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds. Determination of doubt as to responsible health authority. 29.—The Minister shall decide, in any case of doubt or dispute with respect to a particular person or persons of a particular class, which health authority is to be responsible for the provision for such person or persons of such class (where appropriate) of any service under the Principal Act or this Act. Charge where person not entitled obtains service. 30.—Where— (a) a person has availed himself of a service provided under this Part of this Act, and (b) it is ascertained that he was not entitled to the service, the health authority may charge for the service the charge approved of or directed by the Minister. Recovery of charges. 31.—Any charge which may be made by a health authority pursuant to this Part of this Act or the regulations thereunder may, in default of payment, be recovered as a simple contract debt in any court of competent jurisdiction from— (a) the person in respect of whom the charge is made or, in case such person has died, his legal personal representative, or (b) any other person liable to maintain such person for the purposes of the Public Assistance Act, 1939 , by virtue of section 27 of that Act or, in case such other person has died, his legal personal representative. Affording of facilities for health examination of children at schools. 32.—(1) A health authority intending to arrange for a health examination of children at a school, under this Act, may give to the school manager of the school notice in writing of such intention stating the day or days (not being earlier than seven days after the giving of the notice) on which and the time at which the examination will be held and requiring the school manager to afford all reasonable facilities for the examination. (2) A notice under subsection (1) of this section may be addressed to “the school manager” and may be given by delivering it to the school manager of the school to which it relates or by sending it by post to the address at which he ordinarily resides. (3) A copy of every notice under subsection (1) of this section in respect of a health examination to be held in a school of which the school manager is not the principal teacher shall be either delivered to the principal teacher of such school or sent by post to such teacher at the school. (4) The school manager of a school to which a notice given under subsection (1) of this section relates shall cause all reasonable facilities to be given for the holding of a health examination in accordance with the notice and on the day or days and at the time mentioned therein and, if he fails to do so, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds. (5) Without prejudice to the foregoing subsections of this section, a health authority shall consult the school manager of a school before determining the day or days on which and the time at which a health examination of children in the school will be held and shall, so far as may be practicable, comply with the wishes of the school manager. (6) An offence under this section may be prosecuted by the health authority who gave the relevant notice under this section. False statements, etc. 33.—If any person, for the purpose of obtaining any service provided under this Part of this Act, whether for himself or some other person, or for any purpose connected with this Part of this Act— (a) knowingly makes any false statement or false representation or knowingly conceals any material fact, or (b) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment. PART IV. Miscellaneous Amendments of Principal Act. Amendment of section 31 of Principal Act. 34.—Section 31 of the Principal Act is hereby amended by the addition thereto of the following subsection: “(10) Regulations under this section may, in particular, require the vaccination against smallpox of persons engaged in work at or about airports or seaports, and— (a) the obligation to contain the provision referred to in paragraph (b) of subsection (7) of this section shall not apply as respects such regulations, and (b) section 32 of this Act shall not apply in relation to such vaccination.” Amendment of section 38 of Principal Act. 35.—An order made after the commencement of this section under subsection (1) of section 38 of the Principal Act shall have no effect unless, in addition to being signed by the chief medical officer, it is also signed by another registered medical practitioner. Amendment of section 44 of Principal Act. 36.—(1) Section 44 of the Principal Act is hereby amended by the insertion in paragraph (a) of subsection (1) of “or a disease suspected to be an infectious disease by the chief medical officer of the health authority in whose functional area such person ordinarily resides” after “infectious disease”. (2) Section 44 of the Principal Act shall be construed as authorising the making of a payment for domestic help where a married woman is undergoing treatment for an infectious disease to the satisfaction of the chief medical officer of the health authority in whose functional area she ordinarily resides and her husband is unable to make reasonable and proper provision for the care of the family. (3) Sections 28 and 33 of this Act shall apply in relation to the service made available under section 44 of the Principal Act in like manner as they apply in relation to the services made available under Part III of this Act. Amendment of section 48 of Principal Act. 37.—Subsection (1) of section 48 of the Principal Act is hereby amended— (a) by the substitution of the words “medical officer of health” for the words “district medical officer” in both places where the latter words occur, and (b) by the substitution of the words “the area or district for which he acts” for the words “his district”. Regulations under Part V of Principal Act. 38.—(1) Regulations under Part V of the Principal Act may provide for all or any of the following matters: (a) the licensing or registration of— (i) persons engaged in the manufacture, preparation, importation, storage, distribution or sale of food for human consumption, (ii) premises, vehicles or stalls in or at which food is manufactured, prepared, stored, distributed or exposed for sale for human consumption, (b) the description of premises, vehicles or stalls so licensed or registered, (c) the prohibition of the manufacture, preparation, importation, storage, distribution, exposure for sale or sale of food otherwise than by licensed or registered persons or in or at licensed or registered premises, vehicles or stalls (as the case may be), (d) the cancellation or suspension of licences or registrations, (e) matters ancillary to the foregoing matters. (2) Where regulations under Part V of the Principal Act include, by virtue of subsection (1) of this section, provision for the keeping of registers by health authorities— (a) any register kept pursuant to the regulations by a health authority shall be deemed to be in proper custody when in the custody of an officer of the health authority authorised in that behalf by the health authority and shall be admissible in evidence without further proof, on production from the proper custody, (b) prima facie evidence of any entry in any register kept pursuant to the regulations by a health authority may be given in any Court or any legal proceedings by the production of a copy of such entry purporting to be certified to be a true copy by an officer of the health authority authorised in that behalf, and it shall not be necessary to prove the signature of such officer, or that he was in fact such officer or was so authorised, (c) a certificate purporting to be under the hand of an officer of a health authority authorised in that behalf that a specified person, premises, vehicle or stall was not, during a specified period, registered in a specified register kept pursuant to the regulations by the health authority shall be accepted in any Court or any legal proceedings as prima facie evidence of the facts so certified, and it shall not be necessary to prove the signature of such officer, or that he was in fact such officer or was so authorised. (3) Regulations under Part V of the Principal Act may provide for functions to be performed for the purposes of the regulations by Justices of the District Court or Peace Commissioners, being functions relating to any of the following matters: (a) the making of orders in relation to the destruction or other disposal of food which is diseased, contaminated or otherwise unfit for human consumption, (b) the reviewing of orders prohibiting the importation or the removal from the place of importation of articles of food or animals or materials intended for use in the manufacture of food, (c) the annulment or confirmation of orders relating to the cancellation or suspension of licences or registrations or the prohibition of the user of premises, stalls or vehicles for any specified purpose, (d) the direction of health authorities to license or register persons, premises, vehicles or stalls in specified circumstances. (4) Where any repairs, structural alterations or additions to premises are required by any authority enforcing regulations under Part V of the Principal Act to comply with those regulations— (a) the repairs, structural alterations or additions may be carried out notwithstanding any covenant, agreement or condition in any lease or other contract of tenancy under which the premises are held, (b) before the repairs, structural alterations or additions are carried out, the person required to carry them out shall— (i) if he is not the rated occupier of the premises, inform the rated occupier, and (ii) if he holds the premises under a lease or other contract of tenancy, inform the immediate landlord or his agent. (5) In sections 56 and 57 of the Principal Act, the word “food” shall be construed, in addition to referring to any individual food, as referring to any class whatsoever of food. (6) This section and the repeal by section 5 of this Act of section 55 of the Principal Act shall be deemed to have come into operation on the day on which Part V of the Principal Act came into operation. Amendment of section 65 of Principal Act. 39.—Section 65 of the Principal Act is hereby amended— (a) by the deletion of the definition of “substance” in subsection (1) and the substitution therefor of the following: “the word ‘substance’ means a natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour, including a preparation or manufactured article or article which has been subjected to any artificial treatment or process;” (b) by the addition at the end of subsection (3) of the following paragraph— “(j) the enforcement and execution of the regulations— (i) by officers of the Minister, (ii) by health authorities and their officers, (iii) with the consent of the Minister for Finance, by officers of Customs and Excise, (iv) with the consent of the Minister for Industry and Commerce, by officers of that Minister.” (c) by the addition at the end of subsection (5) of the words “or by the health authority in whose functional area the offence is committed.”. Amendment of section 66 of Principal Act. 40.—Section 66 of the Principal Act is hereby amended by the addition at the end of subsection (9) of the words “or by the health authority in whose functional area the offence is committed.”. Amendment of section 98 of Principal Act. 41.—Section 98 of the Principal Act is hereby amended— (a) by the deletion in subsection (1) of the words “to give to the Minister when so required by him advice on matters affecting or incidental to the health of the people” and the substitution therefor of the words “to advise the Minister on such general matters affecting or incidental to the health of the people as may be referred to them by the Minister and on such other general matters (other than conditions of employment of officers and servants and the amount or payment of grants or allowances) relating to the operation of the health services as they think fit”; (b) by the deletion in subsection (4) of the words “the National Health Council or of”; (c) by the addition of the following subsections:— “(7) Not less than half of the persons who are appointed to be members of the National Health Council shall be appointed by the Minister on nominations of bodies which, in the opinion of the Minister, are representative of the medical and ancillary professions (including particular branches thereof) and of persons concerned with the management of voluntary hospitals. (8) The members of the National Health Council holding office on the 31st day of March, 1954, shall go out of office at the end of that day and the like provision shall have effect with respect to the 31st day of March in the year 1956 and in every second year thereafter. (9) The National Health Council shall appoint one of their members to act as chairman of the Council. (10) The quorum for a meeting of the National Health Council shall be one-third of the members, or, if the number of members is not divisible by three, one-third of the next higher number which is divisible by three. (11) The National Health Council may, by standing orders or otherwise, regulate their own procedure. (12) The National Health Council shall meet at least once in each quarter of the year. (13) The National Health Council shall meet— (i) at such times as they may be requested by the Minister to meet, (ii) subject to subsection (14) of this section, at such times as may be determined by the Council, and (iii) subject to subsection (14) of this section, upon a requisition to call a meeting of the Council, signed by a number of members not less than the quorum of the Council being presented to the secretary to the Council. (14) Where three or more meetings of the National Health Council have been held in any quarter, a further meeting shall not be held in that quarter save at the request of, or with the consent of, the Minister. (15) Every meeting of the National Health Council shall be held in private. (16) The National Health Council may present each year to the Minister an annual report and the Minister shall publish the report with such comments (if any) as he thinks fit. (17) The Minister shall request the advice of the National Health Council on any regulations which he proposes to make under the Health Acts, 1947 and 1953, or under the Mental Treatment Act, 1945 , except where he is satisfied that the making of the regulations is a matter of urgency and, in such a case, he shall request the advice of the Council on the regulations as soon as may be after they are made. (18) The Minister shall appoint a person to act as secretary to the National Health Council.” Amendment of section 103 of Principal Act. 42.—Section 103 of the Principal Act is hereby amended— (a) by the substitution of “the Minister” for “the Minister for Local Government” in subsection (1), and (b) by the addition to the section of the following subsection: “(4) The amount standing at any particular time borrowed by a health authority under this section shall not exceed such sum as may be fixed in respect of that time for that health authority by an order made by the Minister with the consent of the Minister for Local Government.” Amendment of section 104 of Principal Act. 43.—Subsection (2) of section 104 of the Principal Act is hereby amended by the insertion of “or other means of transport” before “provided”. Prosecution of certain offences. 44.—An offence under Part V, Part VIII or Part IX of the Principal Act may be prosecuted by the health authority in whose functional area the offence is committed. PART V. Miscellaneous. Joint action by health authorities. 45.—(1) The Minister may by order provide for and authorise joint action by two or more health authorities in the performance of any of their functions either as respects the whole or part of their functional area. (2) An order under this section may provide for the manner in which the expenses incurred in carrying out the joint action are to be met. (3) An order under this section may provide for the establishment of a joint board for the purposes of the order. (4) The following provisions shall have effect in relation to a joint board established by order under this section: (a) the board shall be a body corporate with perpetual succession by the name given to them by the order, (b) the board shall have power to sue and be sued in their corporate name, (c) the board shall have power to hold and dispose of land, (d) the board shall provide and have a common seal and such seal 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, (e) all courts of justice shall take judicial notice of the seal of the board and every document purporting to be an order or other instrument made by them and to be sealed with their seal (purporting to be authenticated in accordance with the foregoing paragraph) shall be received in evidence and be deemed to be such order or instrument without further proof unless the contrary is shown, (f) the board shall be a joint body within the meaning and for the purposes of the County Management Acts, 1940 and 1942, (g) the board shall be a joint authority within the meaning and for the purposes of the Health Services (Financial Provisions) Act, 1947 (No. 47 of 1947), (h) the Minister may by order apply to the board any provisions of the Principal Act or this Act or of any regulations thereunder and may so apply such provisions with any specified modifications or limitations. (5) An order under this section may provide for joint action being carried out by the Dublin Board of Assistance, the Board of Public Assistance for the South Cork Public Assistance District or the Board of Public Assistance for the Waterford Public Assistance District and, for that purpose, may apply to such board any provisions of the Principal Act or this Act or of any regulations thereunder and may so apply such provisions with any specified modifications or limitations. (6) An order under this section applying to a board the provisions of section 103 of the Principal Act shall not be made save with the consent of the Minister for Local Government. (7) Where the provisions of section 103 of the Principal Act apply by virtue of an order under this section to a board, the amount standing at any particular time borrowed by the board under the Principal Act shall not exceed one-fourth of the total amount of the valuations appearing in the valuation lists in force at that time under the Valuation Acts in the functional areas of the health authorities liable to contribute to the expenses of the board. (8) Where an order which was made under section 101 (repealed by this Act) of the Principal Act and which provided for a committee to act on behalf of two or more health authorities was in force immediately before the commencement of this section— (a) the order shall continue in force and shall be deemed to have been made under subsection (1) of this section, (b) the committee shall be deemed to be a joint board established by order under subsection (1) of this section by such name as may be specified by further order made by the Minister. (9) The Minister may by order revoke any order made or deemed to be made under this section, and the revoking order shall contain such provisions as the Minister thinks necessary or expedient consequential on the revocation and, in particular, where the order to be revoked relates to a joint board, may make provision for— (a) the dissolution of the joint board and the transfer of the property, rights and liabilities thereof to a health authority or to two or more health authorities or to another joint board or to two or more other joint boards, (b) the preservation of continuing contracts made by the dissolved joint board, (c) the continuance of pending legal proceedings, (d) the transfer of the holder of any office under the dissolved joint board to a similar office under one of the health authorities who appointed the members of the dissolved joint board or under another joint board whose functional area is coterminous with, includes or is included in that of the dissolved joint board. (10) Where, under an order under subsection (9) of this section, the holder of an office under a joint board is transferred to another office, the first-mentioned office shall, for the purpose of any enactment relating to superannuation, be deemed not to have been abolished. Balrothery and Rathdown Boards of Assistance. 46.—(1) The Minister may by order authorise the Balrothery Board of Assistance or the Rathdown Board of Assistance to perform any functions of the council of the county of Dublin under the Principal Act or this Act and, for that purpose, may apply to such board any provisions of the Principal Act or this Act or of any regulations thereunder and may so apply such provisions with any specified modifications or limitations. (2) An order under this section applying to a board the provisions of section 103 of the Principal Act shall not be made save with the consent of the Minister for Local Government. (3) Where the provisions of section 103 of the Principal Act apply by virtue of an order under this section to a board, the amount standing at any particular time borrowed by the board under the Principal Act shall not exceed one-fourth of the total amount of the valuations appearing in the valuation lists in force at that time under the Valuation Acts in the functional area of the board. Arrangements between health authorities and other authorities. 47.—(1) A health authority and an urban sanitary authority may, with the consent of the Minister and of the Minister for Local Government, make and carry out an arrangement for the provision by the urban sanitary authority of any service which the health authority are empowered by the Principal Act or this Act to provide. (2) Where an arrangement is made under this section by a health authority and an urban sanitary authority, the Minister may, with the consent of the Minister for Local Government, by order apply in relation to the urban sanitary authority any provisions of the Principal Act or this Act or of any regulations thereunder which he considers necessary and may so apply such provisions with any specified modifications or limitations. (3) A health authority and another health authority may make and carry out an arrangement for the performance of any of the functions of one of the authorities by the other. (4) An arrangement under this section may include provisions for recoupment of expenses incurred by an authority in carrying out the arrangement. Consultative health committees. 48.—(1) The council of a county (other than Dublin, Cork or Waterford) shall by resolution appoint a consultative health committee to advise the county manager on general matters (other than conditions of employment of officers and servants, the amount or payment of grants or allowances or the making of any service available to an individual) relating to the exercise of the functions of the council in relation to the operation of the Principal Act or this Act. (2) An appointment under subsection (1) of this section shall be made by the council of a county as soon as conveniently may be— (a) after the commencement of this section, and (b) after each election of the members of the council. (3) A consultative health committee shall consist of ten members, including— (a) not less than four members of the council of the county, (b) the county medical officer for the county, (c) the county surgeon for the county or, if there is no such officer, a senior medical officer in a health institution maintained by the council of the county, (d) two other regi …