Health Services (Financial Provisions) Act, 1947

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HEALTH SERVICES (FINANCIAL PROVISIONS) ACT, 1947.

ARRANGEMENT OF SECTIONS Section

Section 1

Definitions.

Section 2

Recognised health services.

Section 3

Standard expenditure for health authorities.

Section 4

Grants to health authorities.

Section 5

Diversion of portion of licence duty grant.

Section 6

Diversion of portion of estate duty grant.

Section 7

Cesser of payment of estate duty grant to the Guarantee Fund.

Section 8

Repeals.

Section 9

Adaptation of enactments.

Section 10

Expenses.

Section 11

Short title.

SCHEDULE.

Acts Referred to Cork Fever Hospital Act, 1935 No. 44 of 1935 Health Act, 1947 No. 28 of 1947 National Health Insurance Act, 1929 No. 42 of 1929 Number 47 of 1947.

HEALTH SERVICES (FINANCIAL PROVISIONS) ACT, 1947.

AN ACT TO PROVIDE FOR THE MAKING OF GRANTS IN RESPECT OF HEALTH SERVICES, AND FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTER AFORESAID. [27th December, 1947.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Definitions.

1.—In this Act— the expression “health authority” has the same meaning as in the Principal Act; the expression “health service” means any service relating to the protection or improvement of the health of the people and the care and treatment of the sick and infirm, administered by local authorities; the expression “joint authority” means any body, being— (a) a joint mental hospital board, or (b) a board of assistance, or (c) a board of public assistance, or (d) a joint committee of management under the Tuberculosis Acts, 1908 to 1945, or (e) the Dublin Fever Hospital Board, or (f) the board to be established under section 13 of the Cork Fever Hospital Act, 1935 (No. 44 of 1935), or (g) any joint body to be established under section 101 of the Principal Act; the expression “the Minister” means the Minister for Health; the expression “minor receipts” means— (a) payments by paying patients, (b) payments in respect of services rendered, (c) the proceeds arising from the sale of farm, garden and other produce, offals and stores, (d) fees in respect of licences, registrations and certificates, (e) sums received in respect of law costs, (f) rents of residences, (g) fees received by officers and payable by them to health authorities, sanitary authorities, or joint authorities, (h) such other receipts as the Minister, having regard to the nature thereof, declares should be treated as minor receipts; the expression “net health expenditure”, when used in relation to a particular body and in respect of a particular year, means that part of the expenditure (other than capital expenditure and expenditure on loan charges) in respect of that year of that body certified by the Minister to have been properly incurred on recognised health services which is not met by— (a) if that year is the standard year, State (1947-48) grants and minor receipts, and (b) if that year is not the standard year, minor receipts; the expression “the Principal Act” means the Health Act, 1947 (No. 28 of 1947); the expression “recognised health service” means any health service which, by virtue of section 2 of this Act, is for the time being a recognised health service; the expression “standard expenditure” when used in relation to a health authority and in respect of a particular year, means the sum which is, by virtue of section 3 of this Act, the standard expenditure for that health authority in respect of that year; the expression “the standard year” means the year ending on the 31st day of March, 1948; the expression “State (1947-48) grants” means—

(a) moneys provided by the Oireachtas in respect of the standard year for the salaries and expenses of the office of the Minister, and (b) moneys payable out of the Local Taxation Account in respect of the standard year, other than moneys payable in respect of the agricultural grant within the meaning of the Rates on Agricultural Land (Relief) Acts, 1939 and 1946; the word “year” means a local financial year; the expression “the year 1948-49” means the year ending on the 31st day of March, 1949.

Recognised health services.

2.—(1) The Minister shall, as soon as may be after the 1st day of April, 1948, declare that such health services as he thinks proper shall be recognised health services, and thereupon, subject to subsection (3) of this section, the health services to which the declaration relates shall, as on and from the 1st day of April, 1947, be recognised health services for the purposes of this Act.

Standard expenditure for health authorities.

3.—(1) Subject to subsection (2) of this section, the standard expenditure for a health authority in respect of the year 1948-49 and each subsequent year shall be the sum of the following— (a) the net health expenditure in respect of the standard year of such health authority, (b) the net health expenditure in respect of the standard year of each urban sanitary authority whose district is situate in the functional area of such health authority, (c) the proportion chargeable to such health authority of the net health expenditure in respect of the standard year of each joint authority or port sanitary authority, (d) the proportion chargeable to each such urban sanitary authority of the net health expenditure in respect of the standard year of each port sanitary authority.

Grants to health authorities.

4.—(1) Subject to subsection (2) of this section, there shall, in respect of the year 1948-49 and each subsequent year, be paid, out of moneys provided by the Oireachtas, to each health authority, a grant equal to the amount by which the health expenditure in respect of that year for such health authority exceeds the standard expenditure in respect of that year for such health authority.

Diversion of portion of licence duty grant.

5.—In respect of the year 1948-49 and every subsequent year, the sums payable out of the Local Taxation Account under the following enactments, namely, subsection (2) of section 58 of the Local Government (Ireland) Act, 1898, and subsection (2) of section 5 of the Local Government (Ireland) Act, 1902, shall, in lieu of being paid in the manner provided by the said enactments, be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

Diversion of portion of estate duty grant.

6.—In respect of the year 1948-49 and every subsequent year, the amount payable out of the Local Taxation Account under paragraph (b) of subsection (1) of section 3 of the Probate Duties (Ireland) Act, 1888 , shall, in lieu of being distributed in the manner provided by the said paragraph (b),— (a) as regards three-eighths thereof, be distributed among councils of counties and corporations of county boroughs as or on behalf of public assistance authorities in the respective proportions in which the said amount was so distributed immediately before the 1st day of April, 1948; (b) as regards five-eighths thereof, be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

Cesser of payment of estate duty grant to the Guarantee Fund.

7.—(1) In this section— the expression “the Act of 1891” means the Purchase of Land (Ireland) Act, 1891 ; the expression “the Guarantee Fund” means the Fund established by section 5 of the Act of 1891.

Repeals.

8.—(1) The enactment mentioned in column (2) of Part I of the Schedule to this Act is hereby repealed, as on and from the passing of this Act, to the extent specified in column (3) of the said Part I.

Adaptation of enactments.

9.—(1) In this section— the word “enactment” includes an order or regulation made under an Act; the expression “Local Government enactment” means any enactment conferring or imposing powers or duties on the Minister for Local Government and not on the Minister.

Expenses.

10.—All expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Short title.

11.—This Act may be cited as the Health Services (Financial Provisions) Act, 1947.

SCHEDULE.

PART I.

Enactment Repealed as on and from the date of the Passing of this Act.

Number and Year Short Title Extent of Repeal

(1)

(2)

Subsection (7) of section 44 .

PART II.

Enactments Repealed as on and from the 1st Day of April, 1948.

Number and Year Short Title Extent of Repeal

(1)

(2)

Section 24

.

No. 28 of 1947 Health Act, 1947 .

In subsection (1) of section 17 , the following “to the provisions of section 24 of the National Health Insurance Act, 1929 (No. 42 of 1929) and”; section 27 .

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