Health Act, 1970

Health Act, 1970 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar 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 Disclaimer Feedback Helpdesk 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) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1970 Health Act, 1970 Health Act, 1970 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 1 of 1970 HEALTH ACT, 1970 ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title, collective citation, construction and commencement. 2. Interpretation. 3. Repeals. PART II Administration Chapter I Health Boards 4. Establishment of health boards. 5. General provisions regarding health boards. 6. Functions of health boards. 7. Local committees. 8. Committees of health boards. 9. Expenses of members of boards and committees. 10. Allowances to chairmen and vice-chairmen of health boards. 11. Joint action by health boards. 12. Removal of board from office. Chapter II Officers and Servants, etc. 13. Chief executive officers of health boards. 14. Other officers and servants of health boards. 15. Application of Local Authorities (Officers and Employees) Acts, 1926 and 1940. 16. Delegation by chief executive officer. 17. Performance of duties of officers. 18. Qualifications for offices under health boards. 19. Age limits. 20. Superannuation. 21. Suspension and removal of chief executive officer. 22. Suspension of other officers of health boards. 23. Removal of officers and servants. 24. Committees for certain removals. 25. Arrangements between health boards and local authorities. 26. Arrangements by health boards for provision of services. Chapter III Finance 27. Accounts of health boards. 28. Audits of health board accounts. 29. Abstract of health board accounts. 30. Health board estimates. 31. Limitations on expenditure by health board. 32. Grants and local contributions to health boards. 33. Borrowing and acceptance of gifts by health boards. Chapter IV Dissolution of Certain Bodies, etc. 34. Dissolutions of certain health authorities and consequential provisions. 35. Dissolutions of joint boards under section 45 of Health Act, 1953. 36. Transfers of certain property. 37. Transfer of certain officers and continuance of certain contracts of service. PART III Hospitals, etc. 38. Provision and maintenance of hospitals, etc. 39. Religious services. 40. Acquisition of land for voluntary bodies. 41. Bodies for co-ordination and development of hospital services. 42. Dissolution of Hospitals Commission. 43. Amendment of Public Hospitals Act, 1933. 44. Administration of Central Mental Hospital. PART IV Health Services Chapter I Eligibility 45. Full eligibility. 46. Limited eligibility. 47. Appeals. 48. Declaration regarding means. 49. Change of circumstances. 50. Charge where person not entitled obtains service. Chapter II Hospital In-Patient and Out-Patient Services 51. In-patient services. 52. Provision of in-patient services. 53. Charges for in-patient services. 54. In-patient services at choice of patient, etc. 55. In-patient services for persons not entitled under section 52. 56. Out-patient services. 57. Provision of ambulances, etc. Chapter III General Medical Services 58. General practitioner medical and surgical service. 59. Drugs, medicines and appliances. 60. Home nursing. 61. Home help service. Chapter IV Services for Mothers and Children 62. Medical and midwifery care for mothers. 63. Medical care for infants. 64. Maternity grants. 65. Milk for mothers and children. 66. Child health service. Chapter V Other Services 67. Dental, ophthalmic and aural services. 68. Rehabilitation services. 69. Maintenance allowances for disabled persons. 70. Screening tests. 71. Information and advice on health. Chapter VI Miscellaneous Provisions Regarding Services 72. Regulations. 73. Determination of doubt as to responsible Health Board. 74. Recovery of charges and contributions. 75. False statements, etc. PART V Miscellaneous Provisions 76. Amendment of hospital charters, etc. 77. Removal of bodies. 78. Control of possession of certain substances. 79. Extension of Rats and Mice (Destruction) Act, 1919. 80. Restriction of Health Services (Financial Provisions) Act, 1947. 81. Amendment of section 3 of Mental Treatment Act, 1945. 82. Adaptation of Mental Treatment Acts, 1945 to 1966. 83. Local inquiries, etc. 84. Public assistance. 85. Regulations regarding adaptations. 86. Amendment of City and County Management (Amendment) Act, 1955. FIRST SCHEDULE Enactments Repealed SECOND SCHEDULE Rules in relation to Membership and Meetings of Health Boards THIRD SCHEDULE Provisions consequential on Dissolutions Acts Referred to Health Act, 1947 1947, No. 28. Children (Amendment) Act, 1957 1957, No. 28. Rats and Mice (Destruction) Act, 1919 1919, c. 72. Blind Persons Act, 1920 1920, c. 49. State Lands (Workhouses) Act, 1930 1930, No. 9. State Lands (Workhouses) Act, 1962 1962, No. 8. Registration of Maternity Homes Act, 1934 1934, No. 14. Midwives Act, 1944 1944, No. 10. Nurses Act, 1950 1950, No. 27. Poisons Act, 1961 1961, No. 12. Health Services (Financial Provisions) Act, 1947 1947, No. 47. Vital Statistics and Births, Deaths and Marriages Registration Act, 1952 1952, No. 8. Local Government Act, 1955 1955, No. 9. Local Government (Superannuation) Act, 1956 1956, No. 10. Local Government Act, 1941 1941, No. 23. Local Authorities (Officers and Employees) Act, 1926 1926, No. 39. Medical Practitioners Act, 1927 1927, No. 25. Public Hospitals Act, 1933 1933, No. 18. Central Criminal Lunatic Asylum (Ireland) Act, 1845 1845, c. 107. Social Welfare Act, 1952 1952, No. 11. Illegitimate Children (Affiliation Orders) Act, 1930 1930, No. 17. Local Government (Ireland) Act, 1871 1871, c. 109. Local Government (Ireland) Act, 1898 1898, c. 37. Local Government (Ireland) Act, 1902 1902, c. 38. Health Act, 1953 1953, No. 26. Dangerous Drugs Act, 1934 1934, No. 1. Rats and Mice (Destruction) Act, 1919 1919, c. 72. Mental Treatment Act, 1945 1945, No. 19. Local Government Act, 1946 1946, No. 24. Public Assistance Act, 1939 1939, No. 27. City and County Management (Amendment) Act, 1955 1955, No. 12. Number 1 of 1970 HEALTH ACT, 1970 AN ACT TO AMEND AND EXTEND THE HEALTH ACTS, 1947 TO 1966, AND CERTAIN OTHER ENACTMENTS, TO PROVIDE FOR THE ESTABLISHMENT OF BODIES FOR THE ADMINISTRATION OF THE HEALTH SERVICES, AND FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [24th February, 1970.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary and General Short title, collective citation, construction and commencement. 1.—(1) This Act may be cited as the Health Act, 1970. (2) The Health Acts, 1947 to 1966, and this Act may be cited together as the Health Acts, 1947 to 1970. (3) The Health Acts, 1947 to 1966, and this Act shall be construed together as one Act. (4) Save as otherwise specifically provided for, 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. Interpretation. 2.—(1) In this Act a reference to a Part, section or schedule is to a Part, section or schedule of this Act, unless it is indicated that reference to some other enactment is intended. (2) In this Act a reference to a subsection, paragraph, subparagraph or rule is to the subsection, paragraph, subparagraph or rule of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended. (3) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or extended by any subsequent enactment. Repeals. 3.—The enactments specified in column (2) of the First Schedule are hereby repealed to the extent specified in column (3) of the Schedule. PART II Administration Chapter I Health Boards Establishment of health boards. 4.—(1) For the administration of the health services in the State, the Minister shall after consultation with the Minister for Local Government by regulations establish such number of boards (to be known and in this Act referred to as health boards) as may appear to him to be appropriate, and by such regulations shall specify the title and define the functional area of each health board so established and, subject to subsection (2), shall specify the membership of each health board. (2) (a) Membership of a health board shall consist of— (i) persons appointed by the relevant local authorities, (ii) persons appointed by election by registered medical practitioners and by election by members of such ancillary professions as are specified in the appropriate regulations under subsection (1), (iii) persons appointed by the Minister. (b) In a specification of membership of a health board by regulations under this section, the number of persons fulfilling the condition in paragraph (a) (i) shall exceed the total number of other members of the health board. (c) Paragraph (a) (ii) shall not apply in the case of the first appointments of members of a health board, but the first appointments to a health board under paragraph (a) (iii) shall include appointments made on nominations of bodies which, in the opinion of the Minister, are representative of the medical and ancillary professions or of particular branches thereof. (3) For the purposes of subsection (2) and paragraphs 14 (1) and 16 (2) of the Second Schedule the relevant local authorities shall be each council of a county or corporation of a county borough the functional area of which (or part of the functional area of which) is included in the functional area of the relevant health board and, in the appropriate case, the Corporation of Dún Laoghaire shall be a relevant local authority. (4) The Minister shall consult the council of a county, the corporation of a county borough or the Corporation of Dún Laoghaire before making regulations under this section which relate to the functional area of the council or corporation concerned. (5) A draft of regulations which it is proposed to make under this section shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House. (6) Section 5 (5) of the Health Act, 1947 , shall not apply in respect of regulations under this section. General provisions regarding health boards. 5.—(1) The following provisions shall have effect in relation to a health board established under this Act: (a) the board shall be a body corporate with perpetual succession; (b) the board may sue and be sued in its corporate name and may hold and dispose of land; (c) the board shall provide and have a common seal and all courts of justice shall take judicial notice of the seal; (d) notwithstanding anything contained in any other Act, the members of the board who are appointed by the council of a county shall be members of that council and the members of the board who are appointed by the corporation of a county or other borough shall be members of the city or borough council for that borough; (e) the rules set out in the Second Schedule shall apply in relation to the board. (2) The Minister may, by order made at the request of a health board, substitute in relation to that board a different rule for any of the following rules set out in the Second Schedule, namely, rules 15, 17, 20, 21, 22, 23. (3) Where an order is made under subsection (2), the Second Schedule shall apply in relation to the relevant health board with the substitution of the rule set out in the order for the relevant rule in that schedule. Functions of health boards. 6.—(1) Subject to section 17, a health board shall perform the functions conferred on it under this Act and any other functions which, immediately before its establishment, were performed by a local authority (other than as a sanitary authority) in the functional area of the health board in relation to the operation of services provided under, or in connection with the administration of, the enactments specified in subsection (2). (2) The enactments referred to in subsection (1) are— (a) the Health Acts, 1947 to 1966, (b) the Mental Treatment Acts, 1945 to 1966, (c) the Births and Deaths Registration Acts, 1863 to 1952, (d) the Notification of Births Acts, 1907 and 1915, (e) the Acts relating to the registration of marriages, (f) the Sale of Food and Drugs Acts, 1875 to 1936, (g) Part I of the Children Act, 1908, and sections 2 and 3 of the Children (Amendment) Act, 1957 , (h) the Rats and Mice (Destruction) Act, 1919 , (i) the Blind Persons Act, 1920 , (j) the State Lands (Workhouses) Act, 1930 and the State Lands (Workhouses) Act, 1962 , (k) the Registration of Maternity Homes Act, 1934 , (l) the Midwives Act, 1944 , as amended by the Nurses Act, 1950 , (m) the Adoption Acts, 1952 and 1964, (n) the Poisons Act, 1961 . (3) A reference in any enactment (other than the Health Services (Financial Provisions) Act, 1947 ) or any statutory instrument to a health authority shall be construed as a reference to a health board or, if the Minister by order so determines, the chief executive officer of a health board. (4) Section 10 (1) (a) of the Vital Statistics and Births, Deaths and Marriages Registration Act, 1952 , is hereby amended by the substitution of “the health board” for “the public assistance authority under the Public Assistance Act, 1939 (No. 27 of 1939),”. Local committees. 7.—(1) The Minister shall by regulations establish, in relation to the functional area of each health board, such number of committees (each of which shall be known and is in this Act referred to as a local committee) as appears to him to be appropriate. (2) Regulations under this section shall contain provisions relating to the appointment, tenure of office, disqualification and removal of members of a local committee, the appointment of a chairman and a vice-chairman to a local committee, the holding of meetings and the quorum for and the procedure at meetings of a local committee. (3) The membership of a local committee shall be specified in regulations under this section and such regulations shall provide for more than half of the members of the committee being persons who are members of the council of the county or county borough for the relevant area and, where appropriate, the Dún Laoghaire Borough Council. (4) The Minister shall consult each health board, each council of a county, each corporation of a county borough or the Corporation of Dún Laoghaire before making regulations under this section affecting the functional area of the board, council or corporation concerned. (5) (a) It shall be the principal function of a local committee to advise the health board on the provision by the board of health services in the functional area of the committee, and a health board shall consider any advice so tendered to it. (b) A local committee shall perform such other functions as may, subject to any limitations specified by the Minister, be delegated to it by the appropriate health board. Committees of health boards. 8.—(1) A health board may establish such committees as it thinks fit and may, subject to this Act, define the functions and procedure of any such committee and, subject to any limitations specified by the Minister, may delegate specified functions to any such committee. (2) Membership of a committee appointed under this section may, with the consent of the Minister, include persons who are not members of the board. Expenses of members of boards and committees. 9.—(1) A health board may make payments to a member of a health board or of a committee established under section 7 or 8 in respect of travelling and subsistence expenses incurred in attending a meeting of the board or of the committee or otherwise in the pursuance of the business of the board. (2) Payments under this section shall be in accordance with a scale determined by the Minister, with the consent of the Minister for Finance. Allowances to chairmen and vice-chairmen of health boards. 10.—(1) A health board may, with the consent of the Minister, pay an allowance to its chairman in respect of expenses (other than expenses referred to in section 9) incurred by him in relation to the business of the board. (2) A health board may, with the consent of the Minister, pay an allowance to its vice-chairman in respect of expenses (other than expenses referred to in section 9) incurred by him in relation to the business of the board. (3) The amount of an allowance under this section and the nature of the expenses in respect of which it may be paid shall be such as may be approved by the Minister. Joint action by health boards. 11.—(1) The Minister may by order provide for and authorise joint action by two or more health boards in the performance of any of their functions either in relation to the whole or part of their respective functional areas. (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 and for the establishment of a joint board for the purposes of the order. (3) The following provisions shall have effect in relation to a joint board established under this section: (a) the board shall be a body corporate with perpetual succession by the name given to it by the order, (b) the board may sue and be sued in its corporate name, (c) the board shall have power to hold and dispose of land, (d) the board shall provide and have a common seal which 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) judicial notice shall be taken of the seal of the board and every document purporting to be an order or other instrument made by it and to be sealed with its seal (purporting to be authenticated in accordance with paragraph (d)) shall be received in evidence and be deemed to be that order or instrument without further proof unless the contrary is shown, (f) the Minister may by order apply to the board any provisions of this Act or of any regulations thereunder, with such modifications or limitations as he thinks fit and specifies by order. (4) The Minister may by order revoke an order 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, may make provision for— (a) the dissolution of the joint board and the transfer of the property, rights and liabilities thereof to a health board, to two or more health boards, 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 an office under the dissolved joint board to a similar office under one of the health boards which appointed the members of the dissolved joint board or under another joint board the functional area of which is coterminous with, includes or is included in that of the dissolved joint board. (5) Where, under an order under subsection (4), 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. Removal of board from office. 12.—(1) The Minister may by order remove from office the members of a health board if and whenever— (a) he is satisfied, after causing a public local inquiry to be held into the board's performance of its duties, that the duties are not being duly and effectually performed, (b) the board has refused or neglected to comply with a judgement, order or decree of any court, (c) the board has refused, after due notice, to allow its accounts to be audited by the auditor appointed for that purpose under section 28, or (d) the members of the board capable of acting are less in number than the quorum for meetings of the board. (2) Where the Minister makes an order under subsection (1), he shall notify the persons who have been removed from office as members of the board of the making of the order and of his reasons for the removal. (3) An order under this section shall include such provisions as the Minister considers necessary as a consequence of the removal from office of the members of the health board, including provisions for the discharge by a person or persons appointed by the Minister of the functions performable by the members. (4) Within two years of the removal from office of the members of a health board under this section, the Minister shall by order provide for a new appointment of members to that board. (5) For the purpose of appointments under subsection (4), section 4 and the regulations thereunder and the Second Schedule shall apply with any modifications required to permit such appointments to be made and which may be specified in the appropriate order made by the Minister under subsection (4). Chapter II Officers and Servants, etc. Chief executive officers of health boards. 13.—(1) There shall be appointed, in respect of each health board established under this Act, a person who shall be called and shall act as the chief executive officer of the board. (2) (a) Where a chief executive officer will for any reason, other than suspension from performance of his duties, be temporarily unable to act as such, he may, after consultation with the chairman of the health board (or, in his absence, the vice-chairman), appoint one of the other officers of that board to act as deputy chief executive officer for the duration of such inability. (b) Where a chief executive officer has for any reason become temporarily unable to act as such and either he has not made an appointment under this subsection or an appointment made under this subsection, whether by such chief executive officer or otherwise, has become terminated under paragraph (d), or on account of the death or resignation of the appointee, the chairman of the health board (or, in his absence, the vice-chairman) may appoint one of the other officers of that board to act as deputy chief executive officer for the remainder of the duration of such inability. (c) The Minister may specify classes of officers who may be appointed as deputy chief executive officer and any appointment under this subsection shall comply with any such specification. (d) An appointment as deputy chief executive officer may at any time be terminated by the chairman of the health board with the consent of the Minister. (e) An appointment as deputy chief executive officer shall terminate on the chief executive officer ceasing to be such officer. (3) Any reference in this Act to a chief executive officer shall be construed as a reference to a person appointed under this section. (4) A chief executive officer shall hold his office on such terms and conditions and shall perform such duties as the Minister from time to time determines. (5) There shall be paid by a health board to its chief executive officer such remuneration and allowances as the Minister from time to time determines. (6) The Minister may, before the establishment of a health board— (a) request the Local Appointments Commissioners to select under section 15 a person for appointment as chief executive officer of the board, (b) arrange for the training of a person so selected, and (c) meet out of moneys provided by the Oireachtas, to such extent as may be sanctioned by the Minister for Finance, any expenditure (including the payment, until the establishment of the board, of remuneration to a person so selected) incurred under this subsection. (7) On the establishment of the appropriate board, a person selected in accordance with subsection (6) shall be deemed to have been appointed to be the chief executive officer of that board. (8) The appointment of a chief executive officer pursuant to a recommendation by the Local Appointments Commissioners made otherwise than for the purposes of subsection (6) shall be a function of the board. (9) A temporary appointment of a chief executive officer may be made by the Minister after consultation with the chairman of the board or, in his absence, the vice-chairman of the board. Other officers and servants of health boards. 14.—(1) In addition to the chief executive officer, there shall be appointed to a health board such and so many other officers and such and so many servants as the board from time to time determines in accordance with the directions of the Minister. (2) The appointment of an officer referred to in subsection (1) or of a servant of a health board shall be a function of the chief executive officer. (3) An officer or servant of a health board appointed under this section shall hold his office or employment on such terms and conditions and shall perform such duties as the chief executive officer from time to time determines. (4) There shall be paid by a health board to an officer or servant appointed under this section such remuneration and allowances as the chief executive officer from time to time determines. (5) (a) In making an appointment of an officer or servant, the chief executive officer shall act in accordance with the directions of the Minister, but no such direction shall be in conflict with section 15. (b) In making a determination under subsection (3) or (4), the chief executive officer shall act in accordance with the directions of the Minister and shall have regard to any arrangements in operation for conciliation and arbitration for persons affected by the determination. (6) Any officer of a health board who is aggrieved by a determination under subsection (3) or (4) may apply to the Minister to issue a direction in that respect under subsection (5). (7) An officer appointed under this section may arrange for his duties to be performed for a specified period by a deputy nominated by the officer, with the consent of the Minister, or with the consent of the chief executive officer given in accordance with any directions given by the Minister. (8) A deputy nominated under subsection (7) shall possess the relevant qualifications approved under section 18. Application of Local Authorities (Officers and Employees) Acts, 1926 and 1940. 15.—(1) The Local Authorities (Officers and Employees) Acts, 1926 and 1940, shall apply to appointments of chief executive officers and of such other officers under health boards as the Minister, with the consent of the Local Appointments Commissioners, may from time to time determine as if the boards were local authorities, but subject to any modifications which the Minister may specify by order made with the consent of the Commissioners. (2) References to the appropriate Minister in sections 29 and 30 of the Local Government Act, 1955 , shall, in relation to appointments to health boards, be construed as references to the Minister. Delegation by chief executive officer. 16.—(1) The chief executive officer of a health board may delegate any function performable by him to another officer of the board, subject to any directions in that respect which may be given by the Minister. (2) Where a delegation to an officer is made under this section— (a) the officer shall perform the delegated function under the general direction and control of the chief executive officer; (b) the officer shall perform the delegated function in accordance with any limitations specified in the delegation as to the area or period in which or the extent to which he is to perform that function, and (c) a provision made by or under this or any other Act which vests functions in the chief executive officer or regulates the manner in which any function is to be performed shall, if and in so far as it is applicable to the delegated function, have effect, for the purposes of the performance of that function by the officer, with the substitution of the officer for the chief executive officer. (3) Notwithstanding subsection (2), where a delegation to an officer is made under this section— (a) the chief executive officer may, in any particular case of the performance of the function, inform the officer that he has decided to perform the function himself, and the function shall thereupon be performable in that case by the chief executive officer and not by the officer, and (b) if the officer is satisfied that, in any particular case of the performance of the function, performance would, because of the importance of the decision involved or because of any other reasonable consideration, be more appropriately effected by the chief executive officer, the officer may refer the case to the chief executive officer, and the function shall thereupon be performable in that case by the chief executive officer and not by the officer. (4) The chief executive officer may revoke a delegation under this section. (5) Where a function is performed by an officer pursuant to a delegation under this section and any surcharge or charge subsequently falls to be made consequent on such performance— (a) in case the payment was made or authorised to be made, or the loss or deficiency was caused, by the officer, the chief executive officer shall be treated as if he also had made or authorised the making of the payment or had caused the loss or deficiency, and (b) in case the payment was made or authorised to be made, or the loss or deficiency was caused, by the chief executive officer, the officer shall be treated as if he also had made or authorised the making of the payment or had caused the loss or deficiency. (6) A statement in writing that he has made a delegation under this section, signed by the chief executive officer, shall be received, without proof, as prima facie evidence of the delegation. (7) A chief executive officer shall give notification of a delegation under this section or a revocation thereof to the Minister and to the health board at its next meeting. Performance of duties of officers. 17.—(1) In the performance of their duties, the chief executive officer and the other officers of a health board shall act in accordance with such decisions and directions (whether of a general or a particular nature) as, subject to subsection (3), are conveyed to or through the chief executive officer by the board, and in accordance with any such decisions and directions so conveyed of a committee to which functions have been delegated by the board. (2) When the chief executive officer or another officer of a health board performs a duty in accordance with subsection (1), he shall be deemed to act on behalf of the board. (3) The board shall not take any decision or give any direction in relation to any matter which under this Act or any other enactment is a function of the chief executive officer or of another officer of the board. (4) The following functions relating to a health board shall be functions of the chief executive officer of the board— (a) any function specified by this Act or by any other enactment to be a function of the chief executive officer of the board, (b) any function with respect to a decision as to whether or not any particular person shall be eligible to avail himself of a service (including a service for the payment of grants or allowances), or as to the extent to which, and the manner in which, a person shall avail himself of any such service, (c) any function with respect to a decision as to the making or recovery of a charge, or the amount of any charge for a service for a particular person, (d) any function with respect to the control, supervision, service, remuneration, privileges or superannuation of officers and servants of the board, (e) such other functions as may be prescribed. (5) Any dispute— (a) as to whether or not a particular function is a function of the chief executive officer, or (b) as to whether or not a particular function is a function of an officer of a health board other than the chief executive officer, shall be determined by the Minister. Qualifications for offices under health boards. 18.—The qualifications for appointment as an officer, or for continuing as an officer, under a health board shall be approved of or directed by the Minister and, in the case of an office to be filled by selection by the Local Appointments Commissioners, after consultation with the Commissioners. Age limits. 19.—A person who is a permanent officer of a health board shall cease to be a permanent officer on his attaining the age of 65 years or, in a case where a higher age is fixed by order of the Minister, on his attaining that age. Superannuation. 20.—The Local Government (Superannuation) Act, 1956 , shall apply in relation to a health board and its officers and servants as if it were a local authority and they were officers and servants of a local authority. Suspension and removal of chief executive officer. 21.—(1) A chief executive officer may be suspended from the performance of his duties by the Minister. (2) A chief executive officer of a health board may be suspended from performance of his duties by the board by a resolution passed by the board for the purpose of the suspension and for the passing of which not less than two-thirds of the members of the board voted and of the intention to propose which not less than seven days' notice was given to every person who was a member of the board when the notice was given. (3) The chairman of the board shall notify the Minister of a suspension under subsection (2). (4) A suspension of a chief executive officer may be terminated by the Minister. (5) The Minister may remove a chief executive officer from being such officer where he is satisfied, following a local inquiry, that he has become incapable of performing the duties of chief executive officer, that he is unfit to be a chief executive officer or that he has misconducted himself as chief executive officer. Suspension of other officers of health boards. 22.—(1) Whenever, in respect of an officer of a health board other than the chief executive officer, there is, in the opinion of the chief executive officer, reason to believe that the officer has misconducted himself in relation to his office or is otherwise unfit to hold office, the chief executive officer may, after consultation with the chairman or, in his absence, the vice-chairman of the board, suspend the officer from the performance of the duties of his office while the alleged misconduct or unfitness is being inquired into and any disciplinary action to be taken in regard thereto is being determined. (2) The chief executive officer shall notify the Minister forthwith of any suspension under this section, and shall state the cause of the suspension to the officer and to the Minister. (3) Every suspension under this section shall continue until terminated by the chief executive officer or, in the case of a suspension which has continued for longer than one month, the Minister. (4) Whenever an officer of a health board is suspended under this section, he shall forthwith hand over to the board all books, deeds, contracts, accounts, vouchers, maps, plans and other documents in his possession, custody or control which relate to his office. (5) An officer suspended under this section shall not be paid any remuneration (other than remuneration for a period prior to his suspension) in respect of his office during the continuance of his suspension and, on the termination of his suspension, the remuneration which he would, had he not been suspended, have been paid during the period of suspension shall be wholly or partly forfeited or paid to him or otherwise disposed of as may be directed by— (a) in the case of a suspension of not more than one month's duration, the chief executive officer, and (b) in any other case, the Minister. (6) Whenever an officer of a health board is suspended under this section, the chief executive officer may, if he thinks fit, make with the consent of the Minister an ex gratia payment to the suspended officer. (7) Any sum paid under subsection (6) shall be repayable by the officer to the health board and may be deducted from any moneys payable by the board to him. (8) Any sum paid under subsection (6) shall not be reckoned as salary or emolument for the purposes of the Local Government (Superannuation) Act, 1956 . Removal of officers and servants. 23.—(1) Subject to subsections (2) to (4), an officer or servant of a health board appointed under section 14 may be removed from being such officer or servant by the chief executive officer to the board. (2) A permanent officer shall not be removed under this section because of misconduct or unfitness except— (a) on a direction by the Minister under subsection (3) or (b) on the recommendation of a committee under section 24 or on a direction by the Minister under section 24 (11). (3) Where a permanent officer has misconducted himself by absenting himself from duty without leave or without reasonable cause, the Minister may direct his removal from office. (4) A permanent officer shall not be removed under this section for a reason other than misconduct or unfitness except with the approval of the board. (5) Removals of officers and servants under this section shall be carried out in accordance with regulations made by the Minister and such regulations shall provide— (a) that effect shall not be given to any proposal for removal unless prescribed notice has been sent to the officer or servant of the reasons for the proposal, and (b) that any representations made by him or on his behalf on the proposal which are received within a prescribed period shall be considered. Committees for certain removals. 24.—(1) Whenever it is proposed to remove a permanent officer of a health board under section 23 because of misconduct (except as referred to in section 23 (3)) or unfitness, the Minister shall appoint a committee to perform the functions specified in this section relating to the proposal for such removal. (2) Membership of a committee appointed under this section shall consist of— (a) one person (being the chairman of the committee) who shall be selected by the Minister at his discretion, (b) an even number of other persons of whom— (i) half shall be selected by the Minister from a panel of persons nominated by such organisation (or organisations) as is (or are), in the opinion of the Minister, representative of the class of officers to which the person belongs or where, in the opinion of the Minister, there is no such organisation or where nominations under this subparagraph have not been made, from such persons as he considers appropriate, and (ii) half shall be selected by the Minister from a panel of persons nominated by the chief executive officer of the health board. (3) Nominations of persons to a panel referred to in subsection (2) (b) shall be for such period as is prescribed and new nominations shall be made from time to time to fill vacancies on the panel. (4) The chairman of a committee under this section shall, in relation to the functions of the committee, have the same powers as an inspector of the Minister has under section 86 of the Local Government Act, 1941 , when holding a local inquiry. (5) A committee under this section, having inquired into the proposal to remove the officer, shall make such recommendation to the chief executive officer as it thinks fit. (6) Any question arising before a committee under this section shall be decided by the majority of the members of the committee who are present and vote and, in case of equality of votes on any question, the chairman shall have a second or casting vote. (7) A committee under this section may act notwithstanding any vacancy among its members. (8) The Minister may make regulations governing the performance by committees under this section of their functions. (9) When a committee under this section recommends the removal of an officer, the chief executive officer may remove the officer after the expiration of a period of twenty-one days, unless a request has been made to the Minister under subsection (10). (10) An officer in relation to whom a recommendation for removal has been made under subsection (5), may, in the prescribed manner and subject to the prescribed conditions, request the Minister to issue a direction to the chief executive officer in relation to that recommendation. (11) Where a request is made to the Minister under subsection (10), the Minister may give to the chief executive officer a direction to remove the officer, a direction not to remove the officer or such other direction as he considers appropriate, and the chief executive officer shall comply with the direction. (12) The Minister may, out of moneys provided by the Oireachtas and to such extent as may be sanctioned by the Minster for Finance, make payments in respect of travelling and subsistence expenses and pay fees to members of committees established under this section. Arrangements between health boards and local authorities. 25.—(1) Where— (a) a local authority is of opinion that it would be more convenient that any power, function or duty which may be exercised or performed by it should be exercised or performed, whether generally or in a particular case, by a health board, and (b) the health board is able and willing so to exercise or perform the power, function or duty, the authority and the board may, with the consent of the Minister for Local Government, make an arrangement for the power, function or duty to be so exercised or performed on behalf of the authority by the board, and it shall thereupon become so exercisable or performable by the board. (2) The making of an arrangement under subsection (1) shall be a reserved function of the local authority. (3) Where a local authority is of opinion that it would be convenient for duties in relation to its powers and functions to be performed by an officer of a health board, that duty may be assigned to that officer by the chief executive officer of the health board in the same way as duties relating to the powers and functions of the board. (4) Where the chief executive officer of a health board is of opinion that it would be convenient that duties relating to any of the powers or functions of the board or its officers should be assigned to an officer of a local authority, those duties may be assigned to such an officer by the local authority in the same way as duties under the local authority. Arrangements by health boards for provision of services. 26.—(1) A health board may, in accordance with such conditions (which may include provision for superannuation) as may be specified by the Minister, make and carry out an arrangement with a person or body to provide services under the Health Acts, 1947 to 1970, for persons eligible for such services. (2) Two health boards may make and carry out an arrangement for the provision by one of them on behalf of and at the cost of the other of services under the Health Acts, 1947 to 1970. Chapter III Finance Accounts of health boards. 27.—Accounts shall be kept by a health board in such form, and shall be made up at such times and in respect of such periods, as may be prescribed by the Minister, with the consent of the Minister for Finance. Audits of health board accounts. 28.—(1) Accounts of a health board shall be audited by a local government auditor appointed by the Minister after consultation with the Minister for Local Government. (2) The following enactments, as amended or adapted by or under any subsequent enactment (including any enactment passed after the passing of this Act), shall apply in relation to the audit and auditor of the accounts of a health board in the same manner as they apply in relation to the audit and auditor of the accounts of a local authority— (a) section 12 of the Local Government (Ireland) Act, 1871 , (b) section 63 (2) of the Local Government (Ireland) Act, 1898 , (c) sections 19 to 21 of the Local Government (Ireland) Act, 1902 , (d) sections 69 to 71 and 86 of the Local Government Act, 1941 , subject to the following modifications: (i) the references in those enactments (as so amended or adapted), to the Minister for Local Government shall be construed as references to the Minister, (ii) a reference in section 70 or 71 of the Local Government Act, 1941 , to the prescribed period shall, in the case of an audit of the accounts of a health board, be construed as a reference to the period which is the prescribed period for such local authority as the Minister may for this purpose direct. Abstract of health board accounts. 29.—(1) The abstract of accounts of a health board shall be certified by the auditor appointed under section 28 and shall be published by the board and copies shall be sent by the auditor to the Minister and to the local authorities which appoint members to the board. (2) The Minister shall cause copies of the abstract to be laid before each House of the Oireachtas and shall cause copies to be sent to the Minister for Finance. Health board estimates. 30.—A health board shall submit estimates of receipts and expenditure to the Minister in such form, in respect of such periods, and at such times as he may direct, and shall furnish to the Minister any information which he requires in relation to such estimates. Limitations on expenditure by health board. 31.—(1) A health board shall not, save with the Minister's consent, incur expenditure for any service or purpose within any period in excess of such sum as may be specified by the Minister in respect of that period. (2) (a) The chief executive officer of a health board shall not in the performance of his functions do anything which would incur expenditure by the board in contravention of this section. (b) If at any time the chief executive officer of a health board is of opinion that a decision or proposed decision of the board would incur expenditure by the board in contravention of this section, he shall so inform the board and the Minister. Grants and local contributions to health boards. 32.—(1) The Minister shall, out of moneys provided by the Oireachtas, make grants to health boards. (2) Grants to a health board under subsection (1) shall consist of— (a) grants to defray one-half of that part of the expenditure of the board (other than capital expenditure and expenditure on loan charges), as authorised under this Act, which is not met by receipts other than grants and contributions under this section. (b) supplementary grants, as determined by the Minister after consultation with the Minister for Local Government and with the consent of the Minister for Finance, towards the reduction of the amount of expenditure to be met by contributions under subsection (3). (3) The expenditure of a health board established by this Act which is not met by grants under subsection (2) and other receipts shall be contributed by the local authorities required under this Act to appoint members to the board in such proportions as those authorities may agree upon with the consent of the Minister or, failing such agreement being made within a period of six months (or such longer period as may be approved of by the Minister) after the day of the establishment of the health board, in such proportions as may be determined by a person appointed for that purpose by the Minister. (4) An agreement or determination under subsection (3) shall have effect as from the establishment of the health board to which it relates. (5) (a) An agreement under subsection (3) may be varied— (i) by agreement between the local authorities concerned made with the consent of the Minister, or (ii) by a person whom the Minister, acting at the request of one of the local authorities concerned, appoints to review the agreement. (b) A determination under subsection (3) may be varied— (i) by agreement between the local authorities concerned made with the consent of the Minister, or (ii) by a person whom the Minister, acting either at the request of one of the local authorities concerned or on his own initiative, appoints to review the determination. (6) A person appointed by the Minister to make or vary a determination under this section shall have regard to such matters as may be specified by the Minister after consultation with the Minister for Local Government. (7) The making of an agreement under subsection (3) or a request under subsection (5) by a local authority shall be a reserved function for the purpose of the County Management Acts, 1940 to 1955, or the Acts relating to the management of county boroughs, as may be appropriate. (8) (a) Pending the making of an agreement or determination under subsection (3), the expenditure of a health board which is not met by grants under subsection (2), and other receipts shall be met, in such proportions as may be specified by the Minister, by the local authorities required under this Act to appoint members to the board. (b) The specification of proportions under paragraph (a) shall be subject to the relevant agreement or determination pursuant to subsection (3) when that agreement or determination has been made, and appropriate adjustments shall be made accordingly. (9) A contribution under this section by the council of the county of Dublin to a health board shall be charged on the County Health District of Dublin. (10) (a) Where a sum is due and payable under this section to a health board by a local authority, the amount of the sum may be deducted from any money payable to that local authority by any Minister for any purpose whatsoever. (b) Every amount deducted under this subsection shall be paid to the health board concerned and credited in the accounts thereof as a payment by the local authority of the money for which the amount was so deducted. Borrowing and acceptance of gifts by health boards. 33.—(1) A health board may borrow money subject to any conditions specified by the Minister and in accordance with any directions given by him. (2) Borrowing under this section may be effected in any manner which the health board consider suitable including, in particular, by way of mortgage, drawing of bills of exchange, issue of stock or bonds, temporary loan or overdraft. (3) A loan under this section and the interest or dividends thereon may be secured on the revenues, funds or property of the health board. (4) Money borrowed pursuant to this section may be lent by means of an issue from the local loans fund as if the loan constituted a local loan within the meaning of the Local Loans Fund Acts, 1935 to 1968, and was authorised by an Act of the Oireachtas. (5) A health board may accept a gift of money, land or other property on such trusts and conditions as may be specified by the person making the gift but shall not accept a gift if any conditions attached to the acceptance thereof are inconsistent with the board's functions. Chapter IV Dissolution of Certain Bodies, etc. Dissolutions of certain health authorities and consequential provisions. 34.—(1) The Minister shall by order provide for the dissolution of the Dublin Health Authority, the Cork Health Authority, the Limerick Health Authority and the Waterford Health Authority. (2) An order under this section may include provisions for— (a) the transfer of any of the property, rights and liabilities of the Authority (in this section and in the Third Schedule referred to as the dissolved body) to the relevant health board or to a relevant local authority, (b) the preservation of continuing contracts made by the dissolved body, (c) the continuance of pending legal proceedings, (d) the transfer of the holder of any health office under the dissolved body to an office under the relevant health board which, in the opinion of the Minister, is similar to that health office, (e) the transfer, with the consent of the Minister for Social Welfare, of the holder of any public assistance office under the dissolved body to an office under the relevant health board or a relevant local authority which, in the opinion of that Minister, is similar to that public assistance office. (3) The Third Schedule shall have effect in relation to a dissolution under this section, and to any transfers of property, rights and liabilities, preservation of contracts, continuance of legal proceedings or transfers of officers provided for by an order under this section, and in that Schedule references to the commencement shall be construed as references to the commencement of the order. (4) Where, immediately before the commencement of an order under 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 which a holder would be transferred to a health board or local authority in accordance with the order, the selection shall be completed in such manner as the Commissioners think proper, and the person or one of the persons so selected and recommended by the Commissioners for appointment shall be appointed by the health board or local authority as if the selection and recommendation were made on a request made under section 6 of the Local Authorities (Officers and Employees) Act, 1926 , by the chief executive officer to the health board after its establishment or by the local authority. (5) In this section— “health office” means an office in relation to which ministerial functions under the Local Government Acts, 1925 to 1968, were, immediately before the commencement of the appropriate order, performable by the Minister; “public assistance office” means an office in relation to which ministerial functions under the Local Government Acts, 1925 to 1968, were, immediately before the commencement of the appropriate order, performable by the Minister for Social Welfare; “relevant health board” means, in relation to a particular dissolved body, the health board the functional area of which includes the area which, before the commencement of the appropriate order under this section, was the functional area of the dissolved body; “relevant local authority” means, in relation to a particular dissolved body, a local authority specified in section 84, the functional area of which, before the commencement of the appropriate order under this section, was included in the functional area of the dissolved body. Dissolutions of joint boards under section 45 of Health Act, 1953. 35.—(1) The Minister shall, by order under section 45 (9) of the Health Act, 1953 , which shall be expressed to come into operation on the commencement of this section, revoke any orders then operative providing for the establishment of joint boards under that section and, for the purpose of any such order, the said section 45 (9) shall be construed with the following modifications: (a) paragraph (a) shall be construed as if “a health board or two or more health boards or to a joint board of health boards or a regional hospital board” were substituted for “a health authority or two or more health authorities or to another joint board or to two or more other joint boards”; (b) paragraph (d) shall be construed as if “a health board or a joint board of health boards” were substituted for “one of the health authorities who appointed the members of the dissolved joint board or under another joint board the functional area of which is coterminous with, includes or is included in that of the dissolved joint board”. (2) A reference in subsection (1) to a joint board of health boards shall be construed as a reference to a joint board established under section 11. Transfers of certain property. 36.—(1) On the commencement of section 6 the following property— (a) all health institutions, and all other property, whether real or personal (including choses-in-action), which, immediately before such commencement, was vested in or belonged to or was held in trust for a local authority (other than as a sanitary authority) and was property which was solely for the purposes of services to be transferred on such commencement, and (b) all other property, whether real or personal (including choses-in-action), which, immediately before such commencement, was vested in or belonged to or was held in trust for a local authority and had been designated by that authority as property to be transferred to the health board, and all rights, powers and privileges relating to or connected with any such property, shall, without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in or the property of or held in trust for (as the case may require) the health board for all the estate, term or interest for which the same immediately before such commencement was vested in or belonged to or was held in trust for the local authority, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed. (2) All property transferred by subsection (1) to a health board which, immediately before the commencement of section 6, was standing in the books of any bank or was registered in the books of any bank, corporation or company in the name of a local authority shall, on the request of the health board made at any time after such commencement, be transferred in the books by the bank, corporation or company into the name of the health board. (3) Every chose-in-action transferred by subsection (1) to a health board may, after the commencement of this section, be sued on, recovered, or enforced by the health board in its own name and it shall not be necessary for the board to give notice to the person bound by the chose-in-action of the transfer effected by that subsection. (4) After the commencement of this section, every bond, guarantee, or other security of a continuing character made or given by a local authority to another person, or by any person to a local authority, which was in force immediately before such commencement and which related solely to services to be transferred on the commencement of section 6 to the health board, and every contract or agreement in writing made between a local authority and another person which was not fully executed and completed before such commencement and which related solely to services to be transferred on such commencement shall be construed and have effect as if the name of the health board were substit …