(e) every person who, immediately before the date on which such abolition becomes operative, is an officer of the committee of management of such infirmary or hospital and (except in the case of a medical officer) devotes the whole of his time to the service of such committee shall, if his period of service under such committee is, immediately before the said date, not less than ten years, have the same rights to receive an allowance from the said public assistance authority as he would have if he were a pensionable officer of the said public assistance authority and held office under that authority for a period equal to his period of service under the said committee and were removed from such office for a cause other than misconduct or incapacity.
\nInclusion of boards of public assistance in certain Acts.
\n87.—(1) Every board of public assistance shall be a local authority within the meaning and for the purposes of every of the several Acts mentioned in the Third Schedule to this Act.
\n(2)
\nof the Local Government Act, 1931 (No. 19 of 1931), shall have effect in relation to a board of public assistance as if such board were a board of health and public assistance, and for that purpose the said section 4 is hereby amended by the insertion therein of the words “board of public assistance” immediately after the words “board of public health”.
\nInclusion of boards of public assistance in section 63 of the Local Government Act, 1925.
\n88.—Every board of public assistance shall be a county authority within the meaning and for the purposes of section 63 of the Local Government Act, 1925 (No. 5 of 1925).
\nAdaptations of existing enactments.
\n89.—(1) The Minister may by order make such adaptations and modifications of any enactment in force at the commencement of this Act and relating to any matter or thing dealt with or affected by this Act as appear to him to be necessary or expedient for carrying this Act into effect or for enabling this Act to have full force and effect.
\nPower of Minister to make general regulations.
\n90.—The Minister may, if and whenever he so thinks proper, make by order such regulations (either in relation to all public assistance authorities or in relation to one or more such authorities) as shall appear to him to be expedient for the guidance and control of such authorities and their officers in the exercise and performance of their powers and duties under this Act and for securing the efficient execution and administration of this Act.
\nLaying of orders and regulations before Houses of the Oireachtas.
\n91.—Every order and every regulation made by the Minister under this Act and relating to or having effect in more than one public assistance district shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made, and if a resolution annulling such order or regulation is passed by either such House within the next twenty-one days on which such House has sat after such order or regulation is so laid before it, such order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
\nFIRST SCHEDULE.
\nEnactments Repealed.
\nSession and Chapter or Number and Year Short Title Extent of Repeal 1 & 2 Vic., c. 56 The Poor Relief (Ireland) Act, 1838 .
\nSection 3; sections 5 to 8; sections 13 to 17; sections 21 and 22; sections 26 to 58; section 60; sections 89 to 95; sections 98 to 103; sections 114 to 117; and the First Schedule.
\n2 & 3 Vic., c. 1 The Poor Relief (Ireland) Act, 1839 .
\nSections 1, 3, 4 and 6.
\n6 & 7 Vic., c. 92 The Poor Relief (Ireland) Act, 1843 .
\nSections 14 to 17; section 21 and the Schedule.
\n10 & 11 Vic., c. 31 The Poor Relief (Ireland) Act, 1847.
\nSections 1 to 4; sections 7 to 9; sections 11, 13, 15; sections 18 to 23; sections 25 to 29.
\n10 & 11 Vic., c. 84 The Vagrancy (Ireland) Act, 1847 .
\n10 & 11 Vic., c. 90 The Poor Relief (Ireland) (No. 2) Act, 1847.
\nThe whole Act so far as unrepealed.
\n11 & 12 Vic., c. 25 The Poor Relief (Ireland) Act, 1848.
\nThe whole Act so far as unrepealed.
\n12 & 13 Vic., c. 4 The Guardians (Ireland) Act, 1849.
\nThe whole Act so far as unrepealed.
\n12 & 13 Vic., c. 104 The Poor Relief (Ireland) Act, 1849 .
\nSections 2 to 5; section 20; sections 24 to 28.
\n14 & 15 Vic., c. 68 The Poor Relief (Ireland) Act, 1851.
\nThe whole Act so far as unrepealed.
\n25 & 26 Vic., c. 83 The Poor Relief (Ireland) Act, 1862 .
\nSections 2 to 8; sections 11, 21, 22, 23.
\n29 & 30 Vic., c. 38 The Poor Persons Burial (Ireland) Act, 1866.
\nThe whole Act so far as unrepealed.
\n31 & 32 Vic., c. 74 The Poor Law Inspectors (Ireland) Act, 1868.
\nThe whole Act so far as unrepealed.
\n32 & 33 Vic., c. 54 The Poor Relief (Ireland) Act, 1869.
\nThe whole Act so far as unrepealed.
\n39 & 40 Vic., c. 50 The Poor Law Rating (Ireland) Act, 1876.
\nThe whole Act so far as unrepealed.
\n41 & 42 Vic., c. 60 The Poor Afflicted Persons Relief (Ireland) Act, 1878.
\nThe whole Act.
\n42 & 43 Vic., c. 25 The Dispensary Houses (Ireland) Act, 1879.
\nThe whole Act so far as unrepealed.
\n42 & 43 Vic., c. 57 The Public Health (Ireland) Amendment Act, 1879 .
\n52 & 53 Vic., c. 56 The Poor Law Act, 1889 The whole Act.
\n55 & 56 Vic., c. 5 The Poor Law (Ireland) Act, 1892.
\nThe whole Act.
\n55 & 56 Vic., c. 41 The Boards of Management of Poor Law District Schools (Ireland) Act, 1892.
\nThe whole Act.
\n59 & 60 Vic., c. 5 The Poor Law Guardians (Ireland) (Women) Act, 1896.
\nThe whole Act.
\n61 & 62 Vic., c. 30 The Pauper Children (Ireland) Act, 1898.
\nThe whole Act.
\n61 & 62 Vic., c. 37 The Local Government (Ireland) Act, 1898 .
\nSections 13, 24, 25, 30, 39, 43, 61; sub-section (1) of section 63; section 85; sections 90 and 91; in sub-sections (2) and (3), section 94, the words “or board of guardians”; sub-section (5) of section 94.
\n62 & 63 Vic., c. 37 The Poor Law Act, 1899 The whole Act.
\n63 & 64 Vic., c. 45 The Poor Relief (Ireland) Act, 1900.
\nThe whole Act.
\n2 Ed. VII, c. 16 The Pauper Children (Ireland) Act, 1902.
\nThe whole Act.
\n8 Ed. VII, c. 67 The Children Act, 1908 Paragraph (26) of section 133.
\n5 & 6 Geo. V, c. 14 The Poor Relief (Ireland) Act, 1914.
\nThe whole Act.
\nNo. 9 of 1923 The Local Government (Temporary Provisions) Act, 1923 .
\nSections 1 to 8 ; section 10 ; section 20 .
\nNo. 13 of 1924 The Local Government (Temporary Provisions) (Amendment) Act, 1924
\n.
\nNo. 5 of 1925 The Local Government Act, 1925 .
\nSub-section (3) of section 12 ; sub-section (7) of section 13 .
\nNo. 3 of 1927 The Local Government Act, 1927 .
\nSub-section (2) of section 4 .
\nNo. 40 of 1929 The Poor Relief (Dublin) Act, 1929 .
\nThe whole Act.
\nNo. 23 of 1934 The Public Assistance (Acquisition of Land) Act, 1934 .
\nThe whole Act.
\nNo. 2 of 1937 The Public Assistance Act, 1937 .
\n.
\nSECOND SCHEDULE.
\nRules in Relation to Membership and meetings of Boards of Public Assistance.
\nElections.
\n1.—(1) The members of a board of public assistance to be elected by a county council shall be elected at the annual meeting of such council held next after every triennial election of members of such council.
\n2.—(1) The members of a board of public assistance to be elected by a county council shall be elected as follows:— (a) for each county electoral area or part of a county electoral area in the public assistance district, one member of the board shall be elected from among the county councillors elected for that area; (b) of the other members (in this rule called additional members) any group of councillors comprising the necessary number of councillors may nominate a councillor to be a member of the board and such member shall be elected on such nomination without any voting; (c) the remainder of the additional members shall be elected successively by a majority of the votes of the councillors who are not members of any such group of councillors as aforesaid; (d) the number of councillors necessary to form a group for the purposes of this rule shall be the number obtained by dividing the total number of councillors present at the election by the number of additional members to be elected, or where the number so obtained is not a whole number, the whole number next greater than the number so obtained; (e) no councillor shall be a member of more than one group.
\nTenure of Office.
\n3.—The members of a board of public assistance shall hold office (unless any such member shall sooner die, resign or become disqualified) until the day after their successors have been elected under the foregoing rules.
\nDisqualification.
\n4.—(1) A member of a board of public assistance elected by a county council who ceases to be, or is disqualified for being, a member of such county council shall also cease to be, or be disqualified for being, a member of such board of assistance.
\nResignation and Removal.
\n5.—A member of a board of public assistance may at any time resign his membership by notice in writing signed by him and delivered, if he has been elected by a county council, to the secretary of the county council or, if he has been elected by the corporation of a county borough, to the town clerk of the borough and to the secretary of the board of public assistance, but such resignation shall not become effective until the meeting of such county council or of the city council for such county borough, as the case may be, held next after the receipt of such notice.
\n6.—Any member of the council of a county or of the city council for a county borough may with the consent of not less than one-fourth of the members of such council, at any time notify the secretary of such county council or town clerk of such county borough in writing of his intention to propose that the membership of all the members of a board of public assistance who were elected by such county council or by the corporation of such county borough shall be terminated, and the secretary or town clerk, as the case may be, shall thereupon summon a special meeting of such county council or city council for a date not later than one month from the receipt by him of such notification and shall give to every member of such county council or city council, as the case may be, at least fourteen days' notice thereof, and in the event of a resolution (for the passing of which not less than two-thirds of the councillors present shall have voted) being passed at such meeting approving of such proposal, the membership of such members of such board of public assistance shall be thereupon terminated and new members of such board shall be elected forthwith in lieu of those whose membership is terminated.
\n7.—(1) The membership of any member of a board of public assistance who, for a consecutive period of three months has not attended a meeting of such board, shall thereupon terminate and the county council or city council, as the case may be, at their meeting next after the expiration of such period, shall appoint one of their members to fill the vacancy so created in the membership of the board of public assistance.
\nCasual Vacancies.
\n8.—A casual vacancy occurring in the membership of a board of public assistance shall be filled by the council or corporation by whom the member causing the vacancy was elected within one month after the occurrence of such vacancy or within such further time as the Minister may allow, but where the casual vacancy is occasioned by a member elected for the whole or part of an electoral area under paragraph (a) of Rule 2 of these Rules, the casual vacancy shall be filled from among county councillors elected in that electoral area.
\nQuorum.
\n9.—The quorum of a board of public assistance shall be one-fourth of the total number of members of the board.
\nMeetings.
\n10.—Every board of public assistance shall hold meetings for the transaction of their business at least once in each month and at such other times as may be necessary for properly exercising their powers and performing their duties.
\n11.—The first meeting of a board of public assistance shall be held after the election of members of such board has been completed on a day to be appointed by the Minister, and shall be an annual meeting.
\n12.—Every board of public assistance shall at its first meeting appoint a day of the year not earlier than the 17th day of July nor later than the 1st day of August for the holding of subsequent annual meetings and may at any subsequent annual meeting alter the day so appointed.
\n13.—Every board of public assistance shall hold an annual meeting in each year and such meeting shall be held on the day which is for the time being appointed for the holding of such meetings under these rules, unless such day shall be a Sunday or bank holiday, when such meeting shall be held on the next following day which is neither a Sunday nor a bank holiday.
\n14.—If the first or any other annual meeting of a board of public assistance is for any reason (including a quorum not being present) not held on the day appointed for the holding of such meeting under these rules, the secretary of the board shall as soon as may be summon a meeting of the board for a convenient hour on the day which appears to him to be the earliest convenient date for the purpose, and the meeting held in pursuance of such summons shall be for all purposes an annual meeting held on the date appointed under these rules.
\nElection of Chairman and Vice-Chairman.
\n15.—At every annual meeting of a board of public assistance the board shall elect a chairman, and may elect a vice-chairman, from amongst its members, who shall hold office until the day after the day of the next annual meeting of the board.
\nProceedings at Meetings.
\n16.—The proceedings of a board of public assistance shall not be invalidated by any vacancy or vacancies among their members or by any defect in the election of such board or in the election or qualification of any member thereof.
\n17.—The chairman of a board of public assistance may at any time call a meeting of such board.
\n18.—If the chairman of a board of public assistance refuses to call a meeting of such board after a requisition for that purpose, signed by three members of such board has been presented to him, any three members of such board may forthwith, on that refusal, call a meeting; if such chairman (without so refusing) does not, within seven days after such presentation, call a meeting of such board, any three members of such board may, on the expiration of those seven days, call a meeting.
\n19.—Three clear days at least before any meeting of a board of public assistance, notice of the time and place of the intended meeting, signed by the chairman, or if the meeting is called by members of the board, by those members, shall be fixed on the hall or other place at which the board is accustomed to meet. Where the meeting is called by members of the board, the notice shall specify the business proposed to be transacted thereat.
\n20.—Three clear days at least before any meeting of a board of public assistance, a summons to attend the meeting, specifying the business proposed to be transacted thereat, and signed by the secretary of the board shall be left or delivered by post at the usual place of abode of every member of the board, but failure so to leave or deliver such summons for or to a member or some of the members of such board shall not affect the validity of a meeting.
\n21.—No business shall be transacted at a meeting other than that specified in the summons relating thereto, except (in case of the annual meeting) business required to be transacted thereat.
\n22.—At every meeting of a board of public assistance, the chairman, if present, shall be chairman. If the chairman is absent, then the vice-chairman shall be chairman. If the chairman is absent and either no vice-chairman has been elected or the vice-chairman is absent then such member of the board as the members then present choose shall be chairman of the meeting.
\n23.—The names of the members present as well as of those voting on each question shall be recorded, so as to show whether each vote given was for or against the question.
\n24.—All acts of a board of public assistance and all questions coming or arising before the board may be done and decided by the majority of such members of the board as are present and vote at a meeting of the board duly held according to law.
\n25.—In case of equality of votes, the chairman of the meeting shall have a second or easting vote.
\n26.—A member of a board of public assistance shall not vote or take part in the discussion of any matter before the board in which he has, directly or indirectly, by himself or by his partner any pecuniary interest.
\n27.—Minutes of the proceedings of every meeting shall be drawn up and fairly entered in a book kept for that purpose and shall be signed by the chairman of such meeting or of the next ensuing meeting.
\nTHIRD SCHEDULE.
\nEnactments Under which a Board of Public Assistance is Local Authority.
\nNumber and Year Short Title No. 5 of 1925.
\nThe Local Government Act, 1925 .
\nNo. 34 of 1926 The Local Authorities (Mutual Assurance) Act, 1926 .
\nNo. 39 of 1926 The Local Authorities (Officers and Employees) Act, 1926 .
\nNo. 3 of 1927 The Local Government Act, 1927 .
\nNo. 23 of 1927 The Juries Act, 1927 .
\nNo. 21 of 1928 The Local Authorities (Mutual Assurance) Act, 1928 .
\nNo. 19 of 1931 The Local Government Act, 1931 .
\nNo. 41 of 1935 The Local Government (Dissolved Authorities) Act, 1935 .
\nNo. 42 of 1935 The Local Authorities (Mutual Assurance) Act, 1935 .
\nNo. 55 of 1936.
\nThe Local Authorities (Miscellaneous Provisions) Act, 1936 .
\nNo. 14 of 1939 The Local Authorities (Combined Purchasing) Act, 1939 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais