Health Act 1947
Disposal of surplus land.
89.—F126[(1) The Health Service Executive may, subject to any general directions given by the Minister with the consent of the Minister for Finance, sell, exchange, let or otherwise dispose of any land vested in it.]
F127[(2) The proceeds of the sale under this section of any land by a health board shall, so far as such proceeds are capital money, be applied, subject to any general directions given by the Minister with the consent of the Minister for Finance, to a purpose (including the repayment of borrowed money) to which capital money may properly be applied by the board.]
(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.
(4) F128[…]
Annotations
Amendments:
F126
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 1, S.I. No. 887 of 2004.
F127
Substituted (6.11.1996) by Health (Amendment) (No. 3) Act 1996 (32/2996), s. 18(d), commenced on enactment.
F128
Repealed (15.06.2004) by Health (Amendment) Act 2004 (19/2004), s. 3 and sch., S.I. No. 378 of 2004.
Modifications (not altering text):
C43
Functions 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.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 28 of 1947 |
Health Act 1947 |
Sections 5, 8, 78(1), 88, 89 and 100 |
|
... |
... |
... |
C44
Reference to “health board” construed as references to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.
Definitions (Part 10).
56.—In this Part “specified body” means—
(a) the health boards,
...
References to specified bodies.
66.—Subject to this Act, references (however expressed) to a specified body in any Act passed before the establishment day, or in any instrument made before that day under an Act, are to be read as references to the Executive, unless the context otherwise requires.
Editorial Notes:
E1168
Previous affecting provision: subs. (1) amended (15.06.2004) by Health (Amendment) Act 2004 (19/2004), s. 15(2) and table, S.I. No. 378 of 2004; section substituted as per F-note above.
E1169
Previous affecting provision: subss. (1), (4) substituted (6.11.1996) by Health (Amendment) (No. 3) Act 1996 (32/1996), s. 19(c), (e), commenced on enactment; subsections substituted and repealed as per F-note above.
E1170
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.