(3)The following provisions shall apply in relation to a person who, immediately before the commencement of this section, held, in a permanent capacity, an office of bacteriologist under a sanitary authority— (a) such person shall, upon the commencement of this section, become and be a bacteriologist for the health authority in whose functional area the sanitary authority is situated under an order deemed to have been made under this section, (b) the first-mentioned office shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished.
\n
Health inspectors.
\n
75.—(1) A health authority may, with the consent of the Minister and shall if the Minister by order so directs, appoint one or more than one health inspector to perform such duties as may be assigned to him in relation to the functions of such health authority and the functions of any sanitary authority in the functional area of such health authority.
\n
(2)The office of health inspector shall be an office under the health authority and the remuneration and expenses of the office shall be paid by the said authority but the provisions of paragraph (b) of subsection (1) of section 10, and of section 20 of the Act of 1941 relating to the duties of officers and of subsection (2) of the said section 10 relating to appeals by officers shall apply in relation to the said office as if it were also an office under the sanitary authority of every sanitary district in the functional area of such health authority.
\n
(3)The following provisions shall apply in relation to a person who, immediately before the commencement of this section, held, in a permanent capacity, an office under the title of sanitary inspector under a sanitary authority— (a) such person shall, upon the commencement of this section, become and be a health inspector for the health authority in whose functional area the district of the sanitary authority is situated under an order deemed to have been made under this section, (b) the first-mentioned office shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished.
\n
(4)Where, immediately before the commencement of this section, the Local Appointments Commissioners were engaged in the selection of a person or persons to be recommended for appointment to an office of sanitary inspector under a sanitary authority, such selection shall be completed in such manner as the said Commissioners think proper, and the person or one of the persons so selected and recommended by the said Commissioners for appointment shall be appointed by the health authority in whose functional area the district of such sanitary authority is situated to be a health inspector of such health authority as if the said selection and recommendation were made on a request made by such health authority after the commencement of this section under section 6 of the Act of 1926.
\n
Provisions relating to holders of certain offices under sanitary authorities.
\n
76.—(1) Where an enactment repealed by this Act (in this section called “the repealed enactment”) conferred powers and duties on a sanitary authority and corresponding powers and duties are conferred by this Act on a health authority, the following provisions shall have effect:— (a) every person who, immediately before the repeal of the repealed enactment, is the holder in a permanent capacity of an office under a sanitary authority the duties of which relate solely to the powers and duties conferred on such sanitary authority by such repealed enactment, shall become and be the holder of the same office under the health authority in whose functional area the district of such sanitary authority is situated, (b) the said office under a sanitary authority shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished, (c) if any question arises as to whether the duties of a particular office under a sanitary authority relate solely to powers and duties conferred on such sanitary authority by the repealed enactment, such question shall be referred to the Minister whose decision shall be final.
\n
(2)The following provisions shall apply in relation to every person who, immediately before the commencement of this section, held, in a permanent capacity, an office under the title of sanitary sub-officer under a sanitary authority:— (a) such person shall become and be the holder of an office under the same title under the health authority whose functional area includes the functional area of the sanitary authority, (b) the said office under the sanitary authority shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished, (c) the holder of the office of sanitary sub-officer under a health authority shall (in addition to performing duties in relation to the functions of the health authority) perform such duties as may be assigned to him in relation to the functions of any sanitary authority in the functional area of such health authority and for that purpose the provisions of paragraph (b) of subsection (1) of section 10, and of section 20 of the Act of 1941 relating to the duties of officers and of subsection (2) of the said section 10 relating to appeals by officers shall apply in relation to the said office as if it were also an office under the sanitary authority of every sanitary district in the functional area of such health authority.
\n
PART VIII.
\n
Acquisition and Disposal of Land by Health Authorities.
\n
Definitions for purposes of Part VIII.
\n
77.—In this Part of this Act— the word “land” includes water and any estate or interest in land or water and any easement or right in, to, or over land or water; the expression “compulsory acquisition order” means an order under this Part of this Act for the acquisition compulsorily of land.
\n
Powers of health authority to acquire land.
\n
78.—(1) A health authority may, for the purposes of their powers and duties under this Act, acquire land either by agreement with the consent of the Minister or compulsorily under this Part of this Act and the Acts incorporated therewith.
\n
(2)Nothing in subsection (1) of this section shall be construed as affecting the operation of section 130 of the Transport Act, 1944 (No. 21 of 1944).
\n
Incorporation of Lands Clauses Acts.
\n
79.—For the purpose of the acquisition of land under this Part of this Act by a health authority, the Lands Clauses Acts as amended by the Second Schedule to the Housing of the Working Classes Act, 1890, shall be and are hereby incorporated with this Part of this Act, but with and subject to the following modifications, that is to say— (a) the provisions relating to the sale of superfluous land and access to the special Act, and section 133 (which relates to land tax and poor's rate) of the Lands Clauses Consolidation Act, 1845 , shall not be so incorporated; (b) in the construction of the Lands Clauses Acts when so incorporated, this Act and the relevant compulsory acquisition order (if any) shall be deemed to be the special Act and the health authority shall be deemed to be the promoters of the undertaking; (c) in the construction of the Second Schedule to the Housing of the Working Classes Act, 1890, when so incorporated— the expression “local authority” shall mean a health authority; the expression “confirming Act” shall mean this Part of this Act and the compulsory acquisition order as made and confirmed under this Part of this Act; the expression “confirming authority” shall mean the Minister; and references to the Housing of the Working Classes Act, 1890, or to Part I thereof shall be construed as references to this Act; (d) the arbitrator when assessing compensation shall not take into account any building erected or any improvement or alteration made or any interest in land created after the date on which notice of the making of the compulsory acquisition order was published in pursuance of this Part of this Act if, in the opinion of the arbitrator, the erection of the building or the making of the improvement or alteration or the creation of the interest was not reasonably necessary and was effected with a view to obtaining or increasing the compensation.
\n
Power of health authority to inspect land.
\n
80.—(1) An officer or agent of a health authority who is duly authorised in that behalf by the authority may, subject to the provisions of this section, enter on any land at all reasonable times between the hours of 9 a.m. and 6 p.m. for the purpose of ascertaining whether the land is or is not suitable for acquisition by the authority.
\n
(2)A person entering on land under this section may do thereon all things reasonably necessary for the purpose for which the entry is made and, in particular, may survey, make plans, take levels, make excavations, and examine the depth and nature of the subsoil.
\n
(3)Before a person enters under this section on any land the health authority on whose authority the entry is proposed to be made shall either obtain the consent (in the case of occupied land) of the occupier or (in the case of unoccupied land) the owner or shall give to the owner or occupier (as the case may be) not less than fourteen days' notice in writing of the intention to make the entry.
\n
(4)A person to whom a notice of intention to enter on land has been given under this section by a health authority may, not later than fourteen days after the giving of such notice, apply, on notice to such health authority, to the justice of the District Court having jurisdiction in the district in which the land is situate for an order prohibiting the entry, and, upon the hearing of the application, the justice may, if he so thinks proper, either wholly prohibit the entry or specify conditions to be observed by the person making the entry.
\n
(5)Where a justice in the District Court prohibits under this section a proposed entry on land, it shall not be lawful for any person to enter under this section on the land, and where a justice of the District Court specifies under this section conditions to be observed by persons entering on land, every person who enters under this section on the land shall observe the conditions so specified.
\n
(6)A person who suffers damage by anything done under this section on any land and, within one month after such thing is done, makes to the health authority on whose authority the land was entered under this section a claim for compensation in respect of the damage shall be entitled to be paid by the authority reasonable compensation for the damage and, in default of being paid such compensation when the amount thereof has been agreed upon or has been determined under this section, to recover it from the authority in any court of competent jurisdiction as a simple contract debt.
\n
(7)In default of agreement, the amount of any compensation payable by a health authority under this section shall, if the amount claimed in respect thereof does not exceed twenty pounds, be determined by the District Court or, in any other case, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919 , (as amended by subsequent enactments) as if the compensation were the price of land compulsorily acquired.
\n
(8)Every person who, by act or omission, obstructs an officer or agent of a health authority in the lawful exercise of the powers conferred by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds together with, in the case of a continuing offence, a further fine not exceeding one pound for every day on which the offence is continued.
\n
Making of compulsory acquisition order.
\n
81.—(1) Where a health authority desire to acquire compulsorily under this Part of this Act any particular land, they may make an order that such land be acquired compulsorily under this Part of this Act.
\n
(2)A compulsory acquisition order shall be in the prescribed form and shall describe the lands to which it relates by reference to a map complying with the prescribed conditions.
\n
Notices, etc., of making of compulsory acquisition order.
\n
82.—(1) Where a health authority make a compulsory acquisition order, they shall— (a) publish at least once in one or more newspapers circulating in their functional area an advertisement in the prescribed form stating that a compulsory acquisition order has been made by them in respect of specified land and that the order and the map referred to therein may be inspected at a specified place, and (b) give to every owner or reputed owner, lessee, or reputed lessee, and occupier of the land to which the order relates a written notice in the prescribed form containing the like statements as are mentioned in paragraph (a) of this subsection and also stating that any person aggrieved by the order may send to the Minister, in a specified manner and within a specified time, an objection to the order.
\n
(2)A health authority who have made a compulsory acquisition order and complied in respect thereof with the foregoing provisions of this section may apply to the Minister for an order confirming such compulsory acquisition order.
\n
Confirmation of compulsory acquisition order.
\n
83.—Where an application is made under this Part of this Act to the Minister for an order confirming a compulsory acquisition order and the Minister is satisfied that the provisions of this Part of this Act relating to matters antecedent to such application have been complied with, the following provisions shall have effect— (a) if no objection (other than an objection which, in the opinion of the Minister, relates only to compensation) to the compulsory acquisition order is duly made to the Minister or every such objection so made is withdrawn, the Minister may, as he thinks proper, refuse to confirm the compulsory acquisition order, make an order confirming it without modification, or make an order confirming it with such modifications as he thinks proper; (b) in any case to which paragraph (a) of this section applies, the Minister may, if he so thinks fit, before dealing with the application cause an inquiry under this Act to be held in respect of the compulsory acquisition order; (c) if an objection (other than an objection which, in the opinion of the Minister, relates only to compensation) to the compulsory acquisition order is duly made to the Minister and is not withdrawn, the Minister shall cause an inquiry under this Act to be held in respect of the compulsory acquisition order; (d) where an inquiry is held in pursuance of the next preceding paragraph, the Minister, having considered the report of the person by whom the inquiry was held and the objection or all the objections which occasioned the holding of the inquiry, may, as he thinks proper, refuse to confirm the compulsory acquisition order, make an order confirming it without modification, or make an order confirming it with such modifications as he thinks proper.
\n
Notices, etc., of confirmation of compulsory acquisition order.
\n
84.—As soon as may be after the Minister has made an order confirming (whether with or without modification) a compulsory acquisition order, the health authority by whom the compulsory acquisition order was made shall— (a) publish in one or more newspapers circulating in their functional area an advertisement in the prescribed form stating that the compulsory acquisition order has been confirmed by the Minister and that a copy thereof as so confirmed and the map referred to therein may be inspected at a specified place, and (b) give to every person who appeared at the inquiry (if any) held in respect of the compulsory acquisition order to support an objection thereto made by him a written notice in the prescribed form containing the like statements as are mentioned in paragraph (a) of this section.
\n
Annulment of compulsory acquisition order by the High Court.
\n
85.—(1) A person who or whose property is affected by a compulsory acquisition order may, within three weeks after the first publication by advertisement of notice of the confirmation of the order by the Minister, apply to the High Court for the complete or the partial annulment of the order, and the High Court, if it is satisfied that the order or any part thereof was made in excess of or was otherwise not authorised by the powers conferred by this Part of this Act or that the person making the application or any other person has been substantially prejudiced by any failure to comply in relation to the order with the provisions of this Part of this Act, may, as the High Court thinks proper, annul the whole of the order or annul a part thereof.
\n
(2)Where an application to the High Court under this section is pending, the High Court may, if it so thinks proper, suspend the operation of the compulsory acquisition order to which the application relates until the application has been finally determined.
\n
(3)Save as is otherwise provided by this section, a compulsory acquisition order shall not be capable of being annulled, quashed, or otherwise questioned (whether before or after confirmation by the Minister) by any court.
\n
Commencement of compulsory acquisition order.
\n
86.—(1) Every compulsory acquisition order which is not wholly annulled by the High Court under this Part of this Act shall (subject and without prejudice to any partial such annulment) come into operation— (a) if an application is made under this Part of this Act to the High Court for the annulment (whether complete or partial) of the order—on the final determination of that application, or (b) if no such application is so made—on the expiration of three weeks from the first publication by advertisement of notice of the confirmation of the order by the Minister.
\n
(2)As soon as may be after a compulsory acquisition order comes into operation, the health authority by whom the order was made shall give a copy of the order to every person to whom notice of the making of the order was given in pursuance of this Part of this Act.
\n
Annuity or other payment to Irish Land Commission or Commissioners of Public Works in Ireland.
\n
87.—Where land acquired by a health authority is subject in conjunction with other land to an annuity or other annual payment payable to the Irish Land Commission, or to the Commissioners of Public Works in Ireland, the said Commission or the said Commissioners (as the case may be) may apportion the annuity or other annual payment in such manner as they consider proper between the land so acquired and such other land or may charge the whole of the annuity or other annual payment on any part of the land subject thereto in exoneration of the residue of such land.
\n
Appropriation of surplus land to other purposes.
\n
88.—A health authority may, with the consent of the Minister and subject to compliance with such conditions as he may think proper to impose, appropriate and use for the purpose of any of their powers and duties any land vested for any purpose in them and not required for the purpose for which it was acquired.
\n
Disposal of surplus land.
\n
89.—(1) A health authority may, with the consent of the Minister, sell, exchange, let, or otherwise dispose of any land vested in them.
\n
(2)The proceeds of the sale under this section of any land by a health authority shall, so far as such proceeds are capital money, be applied with the consent of the Minister to a purpose (including the repayment of borrowed money) to which capital money may properly be applied by the authority.
\n
(3)Where land is exchanged under this section by a health authority, the land taken in such exchange shall (subject to the provisions of this Part of this Act in relation to the appropriation and use of land not required for the purpose for which it was acquired) be applied to the purposes to which the land given in such exchange was applicable by the authority.
\n
(4)
\n
Section 83
\n
of the Local Government Act, 1946 (No. 24 of 1946) (which relates to the disposal of land not required by a local authority) shall apply to the disposal (not being by demise for a term not exceeding one year) of land under this section and for this purpose references to the Minister for Local Government in the said section 83 shall be construed as references to the Minister.
\n
Giving of notices under Part VIII.
\n
90.—(1) Any written notice or other document to be given in pursuance of this Part of this Act may be given in any of the following ways:— (a) in case it is to be given to the Minister, by sending it by post in an envelope addressed to the Minister for Health, Dublin; (b) in case it is to be given to any other person— (i) by handing it to such person, or (ii) by leaving it at the usual or last-known place of abode of such person, or (iii) by sending it by post in a prepaid registered envelope addressed to such person, in the case of an individual, at his usual or last-known place of abode, or in the case of a company registered under the Companies Acts, 1908 to 1924, at its registered office, or in the case of any other body corporate or any unincorporated association, at its principal office or place of business.
\n
(2)Where a written notice or other document is to be given in pursuance of this Part of this Act to the owner or the occupier of land and the name of such owner or occupier is not known, such document may be addressed to “the owner” or “the occupier” (as the case may be) of the land and may be given to such owner or occupier by leaving it at or affixing it in a prominent position on the land.
\n
PART IX.
\n
Enforcement of the Act.
\n
Authorised officers.
\n
91.—Each of the following persons shall be an authorised officer for the purpose of this Part of this Act:— (a) an officer of the Minister appointed in writing by the Minister to be an authorised officer for the purposes of this Part of this Act, (b) an officer of the Minister for Agriculture appointed in writing by the Minister, with the consent of the Minister for Agriculture, to be an authorised officer for the purposes of this Part of this Act, (c) the manager of a health authority, (d) a chief medical officer, (e) an officer of a health authority appointed in writing by the manager therefor to be an authorised officer for the purposes of this Part of this Act, (f) an officer of a sanitary authority appointed in writing by the manager therefor to be an authorised officer for the purposes of this Part of this Act.
\n
Limitations on exercise of powers of authorised officers.
\n
92.—The powers conferred by this Part of this Act on an authorised officer, who is not an officer of the Minister or the Minister for Agriculture, shall be exercisable only within the area for which the authorised officer acts.
\n
Requirement to state name and address.
\n
93.—(1) Where an authorised officer has reasonable grounds for believing that a person has contravened any provision of this Act or the regulations or orders made thereunder and so informs such person, the authorised officer may, subject to subsection (2) of this section, require such person to state his name and address and, if the authorised officer thinks it necessary, to produce corroborative evidence of his name and address.
\n
(2)An authorised officer (other than a manager or a chief medical officer) shall not make a requirement under this section unless either— (a) he is in a uniform provided for use by him when performing his duties, or (b) he produces, for inspection by the person on whom he makes the requirement, if that person requests him so to do, the appropriate written authority given to him by the Minister or the health authority as the case may be.
\n
(3)Where a person fails or refuses to state his name or address in compliance with a requirement made under this section by an authorised officer or, in purported compliance with the requirement, states a name or address or produces corroborative evidence which the authorised officer has reasonable grounds for believing is false or misleading, the following provisions shall, unless the authorised officer has reasonable grounds for believing that such person is a probable source of infection with an infectious disease, have effect— (a) the authorised person may detain such person and bring him to the nearest Garda Síochána station, (b) such person, on being brought to the nearest Garda Síochána station, shall be detained therein, subject to a maximum period of detention of twenty-four hours, until the authorised officer becomes satisfied as to his correct name and address, (c) force may, if necessary, be used for the purpose of carrying out any provision of this subsection.
\n
(4)A person who— (a) fails or refuses to state his name or address in compliance with a requirement under this section, or (b) gives in purported compliance with a requirement under this section a name, an address or corroborative evidence which is false or misleading, or (c) resists being detained under this section or being brought under this section to a Garda Síochána station, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
\n
Entry on premises.
\n
94.—(1) Subject to subsection (2) of this section, an authorised officer (either alone or accompanied by such assistants as he thinks proper) may at all reasonable times enter and inspect any premises for the purpose of ascertaining— (a) whether there is or has been on or in connection with the premises any contravention of any provision of this Act or of the regulations or orders made thereunder, or (b) the extent and nature of any such contravention, or (c) whether circumstances exist on or in connection with the premises which would require any action to be taken under this Act or the regulations made thereunder.
\n
(2)An authorised officer (other than a manager or a chief medical officer) shall not enter any premises under this section unless he produces for inspection by the person in occupation or in charge of the premises, if such person requests him so to do, his appointment in writing as an authorised officer.
\n
(3)Where an authorised officer is unable to gain admission to premises which he is empowered by this section to enter, either on account of being refused admission or of being unable, after reasonable inquiry, to find a person from whom to demand admission, he may break open the premises at any time between the hours of 9 a.m. and 6 p.m. on any day.
\n
(4)An authorised officer who is an officer of a health authority (other than a manager or a chief medical officer) or an officer of a sanitary authority shall not exercise the powers conferred on him by subsection (3) of this section without a written authorisation from the manager of such authority to do so in the particular case.
\n
(5)A person who wilfully obstructs or interferes with the exercise by an authorised officer of a power conferred by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
\n
(6)In this section, the word “premises” includes temporary dwellings and aircraft.
\n
Assistance from member of Garda Síochána.
\n
95.—An authorised officer may require a member of the Garda Síochána to assist him in the exercise of any power conferred on him by this Act which involves the detention of any person, the bringing of any person to any place, the breaking open of any premises or any other action in which the use of force may be necessary and is lawful, and any member of the Garda Síochána so required shall comply with the requirement.
\n
Enforcement by Garda Síochána.
\n
96.—(1) The Minister may, with the consent of the Minister for Justice, by order provide for the enforcement by the Garda Síochána of any specified provision of this Act or the regulations or orders made thereunder in the whole or a specified part of the State and either generally or in so far as such provision relates to a specified matter.
\n
(2)An order under this section may, in particular, provide for all or any of the following matters:— (a) the prosecution of offences by members of the Garda Síochána in lieu of a health authority, (b) the conferring on members of the Garda Síochána of any of the powers specified in section 93 or section 94 of this Act, (c) the making of payments to the Minister for Justice by a health authority in respect of the enforcement in their functional area of the provisions to which the order relates, (d) the regulation of the amounts of any such payments, or the times at which they are to become due and of the manner in which they are to be made.
\n
(3)A member of the Garda Síochána, for the purpose of enforceing in the functional area of a health authority a provision to which an order under this section relates, may require the authority to assist him by making available the services of a medical or other officer, by furnishing an ambulance or in any other manner within the powers of the authority, and the authority shall comply with such requirement.
\n
(4)A member of the Garda Síochána shall not, by virtue of an order under this section, exercise a power specified in section 93 or section 94 of this Act unless— (a) he is in uniform, or (b) he produces for inspection by the person in relation to whom he exercises the power or in occupation or in charge of the premises in relation to which he exercises the power, if such person requests him so to do, his official identification card.
\n
Onus of proof.
\n
97.—In any prosecution for an offence under this Act, it shall not be necessary to negative by evidence any permit, licence or exemption under this Act or under any regulations under this Act, and the onus of proving any such permit, licence or exemption shall be on the person seeking to avail himself thereof.
\n
PART X.
\n
Miscellaneous Provisions.
\n
Consultative Councils.
\n
98.—(1) The Minister shall by order establish a council to be called “The National Health Council” to give to the Minister when so required by him advice on matters affecting or incidental to the health of the people.
\n
(2)The Minister shall cause the name of every person who is appointed to be a member of the National Health Council to be published as soon as may be in Iris Oifigiúil.
\n
(3)The Minister may, if at any time he requires special advice or assistance in connection with a particular matter relating to his powers and functions, by order establish a special consultative council to give in the manner specified in the order such advice or assistance.
\n
(4)The Minister may by order determine the tenure of office of the members and the procedure of the National Health Council or of any consultative council established under this section.
\n
(5)The Minister may, out of moneys provided by the Oireachtas and to such extent as may be sanctioned by the Minister for Finance, pay to the members of the National Health Council or any consultative council established under this section or of any committee of such council:— (a) travelling expenses, (b) subsistence allowances.
\n
(6)The National Health Council and every consultative council established under this section shall consist of persons having practical experience or special knowledge of the matters in respect of which they are to give advice and assistance.
\n
Dissemination of information and advice on health.
\n
99.—(1) Information and advice on matters relating to health may be disseminated by the Minister or by a health authority by advertisements, notices, pamphlets, lectures, radio, cinema exhibitions or any other means.
\n
(2)The Minister may by order direct every health authority, every health authority of a particular class or a particular health authority as to the subjects in relation to which, the manner in which and the extent to which they are to exercise their powers under subsection (1) of this section and a health authority to which any such direction relates shall comply therewith.
\n
Tests of the quality and nature of substances.
\n
100.—(1) The Minister, with the consent of the Minister for Finance, may for the purposes of his powers and duties make arrangements for the carrying out of tests, examinations and analyses of the quality or nature of substances.
\n
(2)The Minister may by regulation do any of the following things in relation to tests, examinations, or analyses arranged for under subsection (1) of this section, that is to say:— (a) prescribe the classes of persons to be responsible for the carrying out of such tests, examinations and analyses; (b) prescribe the means by and the manner in which the test, examination or analysis is to be made; (c) prescribe the certificate or other evidence to be given of the result of any test, examination or analysis and the classes of persons by and to whom such certificate or evidence is to be given; (d) provide that any certificate or other evidence prescribed under paragraph (c) of this subsection and given in respect of the test, examination or analysis of a sample of a substance shall as respects that sample be evidence for all purposes of the result of such test.
\n
(3)Whenever regulations made under subsection (2) of this section provide that any particular certificate or other evidence shall be evidence for all purposes of the result of a test, examination or analysis of a sample of a substance, such certificate or other evidence shall, as respects those samples, be accepted by all Courts of Justice as evidence of the result of such test and shall also be accepted by all Courts of Justice as evidence that such test was carried out under and in accordance with the regulations.
\n
Joint action by health authorities.
\n
101.—(1) The Minister may by order provide for and authorise joint action by two or more health authorities in the performance of any function given to them by or under this Act, and the order may contain, in particular, provisions specifying the manner in which the joint action is to be taken and the method of apportioning the expenses of the joint action.
\n
(2)Where immediately before the commencement of this section an institution was maintained by two or more health authorities jointly, the Minister may by order under subsection (1) of this section provide for and authorise the continuance of such joint maintenance under
\n
Part II
\n
of this Act.
\n
(3)Where an order under subsection (1) of this section is in force in relation to two or more health authorities, any reference in
\n
Part II
\n
of this Act to a health authority shall be construed as including a reference to such health authorities jointly.
\n
Home nursing.
\n
102.—A health authority may, with the consent of the Minister, make arrangements for the provision of a nurse or nurses to give to any person requiring the same, advice and assistance on matters relating to health and to assist sick persons.
\n
Borrowing by health authority.
\n
103.—(1) A health authority may with the consent of the Minister for Local Government borrow for the purposes of defraying any expenses incurred by them in the same manner in which a sanitary authority may borrow for the purpose of defraying expenses under the Public Health Acts, 1878 to 1931, and the provisions of those Acts in relation to borrowing by a sanitary authority shall, with the necessary modifications, apply in relation to borrowing by a health authority under this section.
\n
(2)Money borrowed by the council of a county under this section shall not, for the purposes of Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898, be deemed to be part of the debt of the council.
\n
(3)Money borrowed under this section may be lent by means of an issue from the local loans fund as if such loan constituted a local loan within the meaning of the Local Loans Fund Acts, 1935 to 1945, and was authorised by an Act of the Oireachtas.
\n
Provision of ambulances.
\n
104.—(1) A health authority may make arrangements for providing ambulances or other means of transport for the conveyance of patients from places in their functional area to places in or outside such area or from places outside their functional area to places in such area.
\n
(2)Where a person makes use of an ambulance provided under this section, a health authority may, at their discretion but subject to any relevant regulations under section 31 of this Act:— (a) make a charge for such use in accordance with regulations made by them, or (b) make no charge therefor.
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(3)A charge under subsection (2) of this section for the use of an ambulance by any person may be recovered as a simple contract debt in any court of competent jurisdiction from:— (a) such person, 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 (No. 27 of 1939), by virtue of section 27 of that Act or, in case such other person has died, his legal personal representative.
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Provision of residences for officers and servants.
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105.—A health authority may, with the approval of the Minister, and shall, if the Minister so directs, provide and maintain residences for the use of officers appointed or servants employed by them.
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Amendment of Rats and Mice (Destruction) Act, 1919.
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106.—The definition of the expression “occupier” in section 8 of the Rats and Mice (Destruction) Act, 1919 , shall be amended by the insertion at the end thereof of the words “or in any other case the person for the time being liable to pay rates on such land.”
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Dissolution of Port Sanitary Authorities.
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107.—(1) The Minister after consultation with the Minister for Local Government may by order dissolve a port sanitary authority.
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(2)An order under this section dissolving a port sanitary authority shall contain such provisions as the Minister thinks necessary or expedient consequential on the dissolution of such port sanitary authority and may, in particular, make provision for:— (a) the transfer of property, rights and liabilities of the port sanitary authority to a health authority, (b) the preservation of continuing contracts made by the port sanitary authority, (c) the continuance of pending legal proceedings, (d) the transfer of the holders of offices under the port sanitary authority to similar offices under a health authority, or the abolition of such offices.
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(3)Where, by an order under this section, the holder of an office under a port sanitary authority is transferred to an office under a health authority, the first-mentioned office shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished.
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(4)In this section the expression “port sanitary authority” means a port sanitary authority constituted under Section 9 of the Public Health (Ireland) Act, 1896.
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Compensation for damage to person or property.
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108.—(1) Subject to the provisions of subsection (2) of this section any person who suffers damage by reason of an injury to his property caused by a health authority or their officers or servants in the exercise of their powers or the performance of their duties under any of the provisions of this Act except Part VIII in a matter in which he is not in default shall be entitled to recover compensation for such damage from such health authority.
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(2)A person shall not be entitled to recover compensation from a health authority in respect of injury to his property caused by any measures taken for the cleansing, disinfection, disinfestation or destruction of such property where such property has been knowingly and unnecessarily exposed to infection or infestation.
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(3)Any person who suffers damage by reason of injury to his person caused by the negligence of a health authority or of any of their officers or servants in the exercise of their powers or performance of their duties under this Act shall be entitled to recover compensation for such damage from such health authority.
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(4)The personal representative of any person whose death is caused by the negligence of a health authority or of any of their officers or servants in the exercise of their powers or performance of their duties under this Act shall be entitled to recover damages from the health authority in respect of such death in an action brought under the Fatal Accidents Acts, 1846 to 1908.
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Adaptation of enactments.
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109.—(1) The Minister may by order make, in respect of any statute, order or regulation in force at the passing of this Act and relating to any matter or thing dealt with or affected by this Act, any adaptations or modifications which appear to him to be necessary to enable such statute, order or regulation to have effect in conformity with this Act.
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(2)Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
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FIRST SCHEDULE.
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Enactments Repealed.
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Section 4
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.
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Session and Chapter or Number and Year.
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Short Title Extent of Repeal 21 & 22 Vic., c. 64.
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Vaccination (Ireland) Act, 1858.
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The whole Act.
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26 & 27 Vic., c. 52.
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Vaccination (Ireland) Act, 1863.
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The whole Act.
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31 & 32 Vic., c. 87.
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Vaccination Amendment Ireland) Act, 1868.
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The whole Act.
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41 & 42 Vic., c. 52.
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Public Health (Ireland) Act, 1878 .
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Section 11, paragraph (3) of section 91, section 95, paragraph (3) of section 97, paragraph (6) of section 100, sections 132 to 156 and sections 158 and 258.
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42 & 43 Vic., c. 70.
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Vaccination Amendment (Ireland) Act, 1879.
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The whole Act.
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46 & 47 Vic., c. 59.
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Epidemic and Other Disease Prevention Act, 1883.
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The whole Act.
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47 & 48 Vic., c. 69.
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Cholera, Etc., Protection (Ireland) Act, 1884.
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The whole Act.
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52 & 53 Vic., c. 72.
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Infectious Disease (Notification) Act, 1889.
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The whole Act.
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53 & 54 Vic., c. 34.
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Infectious Disease (Prevention) Act, 1890.
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The whole Act.
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53 & 54 Vic., c. 59.
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Public Health Acts Amendment Act, 1890 .
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Sections 28 and 32.
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59 & 60 Vic., c. 19.
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Public Health Act, 1896.
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The whole Act.
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59 & 60 Vic., c. 54.
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Public Health (Ireland) Act, 1896 .
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Sections 9 to 14 and 18.
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60 & 61 Vic., c. 31.
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Cleansing of Persons Act, 1897.
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The whole Act.
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61 & 62 Vic., c. 37.
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Local Government (Ireland) Act, 1898 .
\n
Section 32.
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4 Edw. VII, c. 16 Public Health Act, 1904.
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The whole Act.
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7 Edw. VII, c. 32.
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Public Health (Regulations as to Food) Act, 1907.
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The whole Act.
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7 Edw. VII, c. 53.
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Public Health Acts Amendment Act, 1907 .
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Section 50, Part IV.
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8 Edw. VII, c. 56.
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Tuberculosis Prevention (Ireland) Act, 1908.
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Parts I and II; Sections 14 to 16 and 21.
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1 & 2 Geo. V, c. 52.
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Rag Flock Act, 1911.
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The whole Act.
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2 & 3 Geo. V, c. 25.
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Tuberculosis Prevention (Ireland) Act, 1913.
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The whole Act.
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5 & 6 Geo. V, c. 64.
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Notification of Births (Extension) Act, 1915 .
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Section 2; paragraph (b) of subsection (2) of section 3.
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7 & 8 Geo. V, c. 40.
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Public Health (Prevention and Treatment of Disease) (Ireland) Act, 1917.
\n
The whole Act.
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8 & 9 Geo. V, c. 29.
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Maternity and Child Welfare Act, 1918.
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Section 4.
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9 & 10 Geo. V, c. 16.
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Public Health (Medical Treatment of Children) (Ireland) Act, 1919.
\n
The whole Act.
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No. 5 of 1925.
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Local Government Act, 1925 .
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Sections 18 , 19 , and 21 to 23 .
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No. 3 of 1927.
\n
Local Government Act, 1927 .
\n
Section 3
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; the Second Schedule .
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No. 23 of 1941.
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Local Government Act, 1941 .
\n
Section 87
\n
.
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SECOND SCHEDULE.
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Matters for which Provision may be made in Regulations for the Prevention of the Spread of Infectious Disease.
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Section 31.
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1.The requiring of registered medical practitioners and other persons to notify a medical officer of health of cases or suspected cases of a particular infectious disease or of probable sources of infection with an infectious disease coming under their notice and the prescribing of the manner in which and the time within which the notifications are to be given.
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2.The requiring of adult persons to submit themselves, or the parents of children to submit such children, to examinations by registered medical practitioners to find out whether such adult persons or children are probable sources of infection and the requiring of such adult persons or parents to afford to such practitioners all reasonable facilities for such examinations, including the permission to take blood or other specimens for examinations or tests.
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3.The requiring of adult persons to submit themselves, or the parents of children to submit such children, to specified measures in relation to the protection or immunisation of such adult persons or children against a particular infectious disease.
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4.The requiring of adult persons to remain in their homes or the parents of children to keep the children in their homes and the requiring of such adult persons or parents to take in such homes precautions by way of isolation or otherwise against the spread of infection.
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5.The requiring of adult persons to remain away from specified places or the parents of children to keep the children away from specified places.
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6.The prohibition of parents of children suffering from infectious disease from sending the children to, or permitting them, to attend, school.
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7.The restriction of the attendance at school of children who are probable sources of infection with infectious diseases, and the duty of parents to ensure compliance with the restrictions.
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8.The furnishing by school managers of schools or colleges, at which cases of infectious diseases have occurred, of list of names and addresses of pupils or students.
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9.Restrictions on the use of public conveyances by persons suffering from infectious disease.
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10.The powers and duties of owners and persons in charge of public conveyances as regards persons conveyed therein who are probable sources of infection with infectious diseases.
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11.The inspection of buildings and structures, vehicles, vessels and aircraft.
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12.The compulsory cleansing, disinfection or disinfestation of persons, buildings, structures, vehicles, vessels, aircraft or articles and the compulsory destruction of rats.
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13.The safe disposal or destruction of infected or dirty articles.
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14.Precautions against infected food and drink.
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15.Precautions against the spread of infection from animals.
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16.The burial of the bodies of persons who have died from infectious disease and the custody and transport of such bodies before burial.
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17.Restrictions on the holding of wakes.
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18.The requiring of health authorities to provide medical services or institutional accommodation and treatment at the cost either of themselves or of the recipients as the regulations shall provide.
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19.The requiring of health authorities to pay registered medical practitioners fees for notifications of cases or suspected cases of infectious disease.
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20.Precautions against the spread of infectious disease from vessels or aircraft coming into or leaving the State or from passengers or crews of such vessels or aircraft, including:— (a) duties to be performed by masters, pilots and other persons on board vessels or aircraft, (b) the detention of vessels or aircraft or persons on board vessels or aircraft, (c) the display of signals on, and the sending of messages by wireless telegraphy or otherwise from, vessels or aircraft having on board cases or suspected cases of infectious disease, (d) the questions to be answered by masters, pilots and other persons on board vessels or aircraft which have put into port or landed as to cases or suspected cases of infectious disease on board during voyage or on arrival.
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21.The giving to the public of information and advice with respect to infectious disease by advertisements, notices, pamphlets, lectures, radio, cinema exhibitions or any other means.
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22.The definition for the purposes of the relevant regulations of a particular infectious disease in any suitable manner including, in particular, by reference to any stage of the disease.
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