Health (Corporate Bodies) Act 1961

Membership and staff.

4

4.(1) Every establishment order shall contain such provisions as the Minister considers appropriate in relation to—

(a) the number of members of the body established by the order, the method, terms and conditions of their appointment and their tenure of office;

(b) the number, grades, method of appointment, conditions of service, tenure of office and the remuneration of the officers and servants of the body so established.

(2) An establishment order or an order amending an establishment order may include provisions for—

(a) F3[the application, with the consent of the Chief Executive of the Public Appointments Service, of the Local Authorities (Officers and Employees) Acts 1926 to 1983 to appointments] to offices under the body established by the establishment order as if it were a local authority but subject to any modifications specified in the order, and

(b) the application of the Local Government (Superannuation) Act, 1956 F4[, or any scheme or regulations under the Local Government (Superannuation) Act, 1980,] to the body as if it were a local authority but subject to any modifications (including modifications relating to service reckonable as pensionable service) which may, with the consent of the Minister for Local Government, be specified in the order.

(3) Where provision has been made in an establishment order or an order amending an establishment order for the application of the Local Government (Superannuation) Act, 1956 F4[, or any scheme or regulations under the Local Government (Superannuation) Act, 1980,] to a body established by an establishment order (whether with or without modifications relating to service reckonable as pensionable service) and an officer of that body becomes a pensionable officer of a local authority, subsection (1) of section 11 of that Act shall, in its application to him, be construed as if the following paragraph were added to that subsection:—

“(i) service as a pensionable officer of a body established under the Health (Corporate Bodies) Act 1961 to which this Act F4[, or any scheme or regulations under the Local Government (Superannuation) Act, 1980,] has been applied under that Act or other service which would be reckonable by such body for the purposes of his superannuation”.

F4[(4) Where an establishment order or any order amending an establishment order includes provisions for the application of a scheme under the Local Government (Superannuation) Act, 1980, the body concerned shall carry out the scheme in accordance with its terms but subject to such modifications as may be specified in the order.

(5) An order amending an establishment order may, in so far as it applies any scheme or regulations under the Local Government (Superannuation) Act, 1980, have retrospective effect.]

Annotations

Amendments:

F3

Substituted (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 61(1) and sch. 2 part 1, commenced on enactment.

F4

Inserted (17.07.1963, deemed) by Local Government (Superannuation) Act 1980 (8/1980), s. 7(a), (b), S.I. No. 279 of 1988.

Editorial Notes:

E103

Instruments made pursuant to this section were also made pursuant to s. 3. To avoid duplication, they are listed under s. 3 only.