Health Act 1947

Powers of health authority to acquire land.

78

78. F124 [ (1) The Health Service Executive may acquire land either

( a ) by agreement, subject to any general directions given by the Minister with the consent of the Minister for Finance, or

( b ) compulsorily under this Part of this Act or the Acts incorporated with this Act. ]

(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).

Annotations

Amendments:

F124

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 1, S.I. No. 887 of 2004.

Modifications (not altering text):

C40

Functions inder subs. (1) transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

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No. 28 of 1947

Health Act 1947

Sections 5, 8, 78(1), 88, 89 and 100

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Editorial Notes:

E1146

Power pursuant to Act exercised (28.09.1948) by Health (Compulsory Acquisition of Land) Regulations 1948 (S.I. No. 314 of 1948).

E1147

Previous affecting provision: subs. (1) amended (15.06.2004) by Health (Amendment) Act 2004 (19/2004), s. 15 and table, S.I. No. 378 of 2004; subsection substituted as per F-note above.

E1148

Previous affecting provision: subs. (1) substituted (6.11.1996) by Health (Amendment) (No. 3) Act 1996 (32/1996), s. 18(a), commenced on enactment; subsection substituted as per F-note above.

E1149

Previous affecting provision: functions under section declared reserved functions (6.11.1996) by Health (Amendment) (No. 3) Act 1996 (32/1996), s. 3(1)(a) and sch. 1, commenced on enactment; s. 3 repealed (1.01.2005) by Health Act 2004 (42/2004), s. 73(1) and sch. 4, S.I. No. 887 of 2004.