Health Act 1947
Consultative Councils.
98.—F129[…]
(2) F129[…]
(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.
(4) The Minister may by order determine the tenure of office of the members and the procedure of F130[…] any consultative council established under this section.
(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.
(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.
F131[(7) Not less than half of the persons who are appointed to be members of the National Health Council shall be appointed by the Minister on nominations of bodies which, in the opinion of the Minister, are representative of the medical and ancillary professions (including particular branches thereof) and of persons concerned with the management of voluntary hospitals.
(8) The members of the National Health Council holding office on the 31st day of March, 1954, shall go out of office at the end of that day and the like provision shall have effect with respect to the 31st day of March in the year 1956 and in every second year thereafter.
(9) The National Health Council shall appoint one of their members to act as chairman of the Council.
(10) The quorum for a meeting of the National Health Council shall be one-third of the members, or, if the number of members is not divisible by three, one-third of the next higher number which is divisible by three.
(11) The National Health Council may, by standing orders or otherwise, regulate their own procedure.
(12) The National Health Council shall meet at least once in each quarter of the year.
(13) The National Health Council shall meet—
(i) at such times as they may be requested by the Minister to meet,
(ii) subject to subsection (14) of this section, at such times as may be determined by the Council, and
(iii) subject to subsection (14) of this section, upon a requisition to call a meeting of the Council, signed by a number of members not less than the quorum of the Council being presented to the secretary to the Council.
(14) Where three or more meetings of the National Health Council have been held in any quarter, a further meeting shall not be held in that quarter save at the request of, or with the consent of, the Minister.
(15) Every meeting of the National Health Council shall be held in private.
(16) The National Health Council may present each year to the Minister an annual report and the Minister shall publish the report with such comments (if any) as he thinks fit.
(17) The Minister shall request the advice of the National Health Council on any regulations which he proposes to make under the Health Acts, 1947 and 1953, or under the Mental Treatment Act, 1945, except where he is satisfied that the making of the regulations is a matter of urgency and, in such a case, he shall request the advice of the Council on the regulations as soon as may be after they are made.
(18) The Minister shall appoint a person to act as secretary to the National Health Council.]
Annotations
Amendments:
F129
Repealed (6.11.1996) by Health (Amendment) (No. 3) Act 1996 (32/1996), s. 23(1) and sch. 2 part 1, commenced on enactment.
F130
Deleted (31.03.1954) by Health Act 1953 (26/1953), s. 41(b), S.I. No. 62 of 1954.
F131
Inserted (31.03.1954) by Health Act 1953 (26/1953), s. 41(c), S.I. No. 62 of 1954.
Modifications (not altering text):
C49
National Health Council established by section dissolved (6.11.1996) by Health (Amendment) (No. 3) Act (32/1996), s. 16(4), (5), commenced on enactment.
Dissolution of certain bodies.
16.— ...
(4) The National Health Council established by section 98 of the Health Act, 1947, is hereby dissolved.
(5) Anything done or purporting to have been done by any person before the coming into operation of this section and in relation to the doing of which a function fell (by virtue of section 98 of the Health Act, 1947, or of a regulation made thereunder) to be performed by the National Health Council shall be deemed to have been as validly done as if the function had been duly performed by that Council.
C50
Application of subs. (17) restricted (26.06.1961) by Poisons Act 1961 (12/1961), s. 3(3)(b), S.I. No. 121 of 1961.
Editorial Notes:
E1173
Power pursuant to subss. (3), (4) exercised (15.11.2017) by Consultative Council on Hepatitis C (Membership) Order 2017 (S.I. No. 510 of 2017).
E1174
Power pursuant to subss. (3), (4) exercised (10.04.2013) by Consultative Council on Hepatitis C (Establishment) Order 1996 (Amendment) Order 2013 (S.I. No. 131 of 2013).
E1175
Power pursuant to section exercised (10.04.2000) by National Ambulance Advisory Council (Revocation) Order 2000 (S.I. No. 108 of 2000), in effect as per art. 1(2), subject to transitional provision in art. 2(2).
E1176
Power pursuant to subs. (3) exercised (26.11.1996) by Consultative Council on Hepatitis C (Establishment) Order 1996 (S.I. No. 339 of 1996).
E1177
Power pursuant to section exercised (8.04.1948) by Consultative Cancer Council (Establishment) Order 1948 (S.I. No. 125 of 1948).
E1178
Power pursuant to section exercised (3.03.1948) by National Health Council (Establishment) Order 1948 (S.I. No. 81 of 1948).
E1179
Previous affecting provision: power pursuant to section exercised (4.02.1998) by National Ambulance Advisory Council Order 1998 (S.I. No. 27 of 1998), in effect as per art. 1(2); revoked (10.04.2000) by National Ambulance Advisory Council (Revocation) Order 2000 (S.I. No. 108 of 2000), art. 2(1), in effect as per art. 1(2), subject to transitional provision in art. 2(2).
E1180
Previous affecting provision: application of subs. (17) restricted (26.06.1961) by Poisons Act 1961 (12/1961), s. 3(3)(b), S.I. No. 121 of 1961; s. 65 of this Act, under which regulations to be made, repealed (1.01.1996) by Irish Medicines Board Act 1995 (29/1995), s. 34, S.I. No. 345 of 1995, subject to transitional provisions in subss. (3), (4) and s. 31.
E1181
Previous affecting provision: subs. (1) amended (31.03.1954) by Health Act 1953 (26/1953), s. 41(a), S.I. No. 62 of 1954; subsection repealed as per F-note above.
E1182
Previous affecting provision: power pursuant to subs. (4) exercised (1.04.1952) by National Health Council (Tenure of Office of Members) Order 1952 (S.I. No. 84 of 1952); spent as per art. 2.
E1183
Previous affecting provision: power pursuant to subs. (4) exercised (1.06.1950) by National Health Council (Tenure of Office of Members) Order 1950 (S.I. No. 157 of 1950); spent as per art. 2.