Health (Corporate Bodies) Act 1961
Revocation of establishment order.
7.—(1) The Minister may at any time by order revoke an establishment order.
(2) A 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 body established by the establishment order and the transfer or distribution of the property, rights and liabilities thereof to any of the following—
(i) the Minister,
(ii) any one or more than one other body established by an establishment order,
(iii) any one or more than one health authority, or
(iv) any one or more than one joint board of health authorities established under section 45 of the Health Act, 1953,
(b) the preservation of continuing contracts made by the dissolved body,
(c) the continuance of pending legal proceedings,
(d) notwithstanding any restriction in any other Act, the transfer of the holder of any office under the dissolved body to a similar office under—
(i) a local authority, or
(ii) any other body established by an establishment order.
Annotations
Modifications (not altering text):
C4
Section construed (8.06.1999) by National Disability Authority Act 1999 (14/1999), s. 38, commenced on enactment.
Dissolution of Board.
38.— An order made under section 37 (1) shall not be construed so as to prevent the Minister for Health and Children from making an order under section 7(2) of the Act of 1961 dissolving the Board and that section shall have effect—
(a) to enable the transfer or distribution of the property rights and liabilities not transferred to the Authority or other public body under section 37(1) to be transferred to one or more than one person, body or authority specified in section 7(2)(a) of the Act of 1961,
(b) to enable staff, other than persons appointed to the Authority under section 27(1) and to whom section 36 relates, to be transferred in accordance with section 7(2)(d) of the Act of 1961, and for the purposes of that provision in so far as it relates to the Board, reference to any other body established by an establishment order shall be deemed to include a reference to the Authority or other public body.
C5
References construed (1.04.1971) by Health Act 1970 (Adaptation) Regulations 1971 (S.I. No. 106 of 1971), art. 6 and sch., in operation as per reg. 2.
6. Each of the enactments and regulations mentioned in the first column of the Schedule to this Order shall be adapted in the manner and to the extent specified in the second column of the said Schedule.
SCHEDULE.
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Health (Corporate Bodies) Act, 1961 (No. 27 of 1961) |
In section 7(2)(a)(iv) the reference to section 45 of the Health Act, 1953 shall be construed as a reference to section 11 of the Health Act, 1970. In section 7(2)(d)(i) the reference to a local authority shall be construed as including a reference to a health board or a joint board established under section 11 of the Health Act, 1970. |
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Editorial Notes:
E106
Power pursuant to section exercised (1.01.2007) by National Breast Screening Board (Revocation and Dissolution) Order 2006 (S.I. No. 633 of 2006), in effect as per arts. 3, 8.
E107
Power pursuant to section exercised (20.12.2006) by Tallaght Hospital Board (Establishment) Order 1980 (Revocation) Order 2006 (S.I. No. 621 of 2006), in operation as per art. 2.
E108
Power pursuant to section exercised (12.06.2000) by National Rehabilitation Board (Dissolution and Revocation) Order 2000 (S.I. No. 171 of 2000), in operation as per art. 3.
E109
Power pursuant to section exercised (30.07.1999) by Saint Luke's and Saint Anne's Hospital Board (Revocation) Order 1999 (S.I. No. 252 of 1999), in operation as per art. 8 and S.I. No. 253 of 1999, art. 28.
E110
Power pursuant to section exercised (1.01.1998) by Food Safety Advisory Board (Revocation) Order 1997 (S.I. No. 523 of 1997), in operation as per art. 8.
E111
Power pursuant to section exercised (3.05.1994) by Cork Hospitals Board (Establishment) Order 1966 (Revocation) Order 1994 (S.I. No. 117 of 1994), in effect as per arts. 2, 3.
E112
Power pursuant to section exercised (30.06.1990) by Hospital Sterile Supplies Board (Establishment) Order 1965 (Revocation) Order 1990 (S.I. No. 145 of 1990), in effect as per arts. 2, 3.
E113
Power pursuant to section exercised (8.12.1988) by Cork Voluntary Hospitals Board (Establishment) Order 1987 (Revocation) Order 1988 (S.I. No. 330 of 1988), in effect as per arts. 2, 3.
E114
Power pursuant to section exercised (31.12.1987) by Health Education Bureau (Establishment) Order 1975 (Revocation) Order 1987 (S.I. No. 324 of 1987), in effect as per arts. 2, 3.
E115
Power pursuant to section exercised (30.09.1987) by James Connolly Memorial Hospital Board (Establishment) Order 1971 (Revocation) Order 1987 (S.I. No. 238 of 1987), in effect as per arts. 2, 3.
E116
Power pursuant to section exercised (1.01.1987) by Medical Research Board (Establishment) Order 1986 (Revocation) Order 1986 (S.I. No. 451 of 1986), in effect as per arts. 2, 3.
E117
Power pursuant to section exercised (1.01.1987) by Medico-Social Research Board (Establishment) Orders (Revocation) Order 1986 (S.I. No. 450 of 1986), in effect as per arts. 2, 3.
E118
Power pursuant to section exercised (30.05.1980) by Dublin Rheumatism Clinic Board (Establishment) Order 1980 (Revocation) Order 1980 (S.I. No. 153 of 1980), in effect as per arts. 2, 3.
E119
Power pursuant to section exercised (30.11.1977) by Erinville Hospital Board (Establishment) Order 1977 (Revocation) Order 1977 (S.I. No. 365 of 1977), in effect as per arts. 2, 3.
E120
Power pursuant to section exercised (1.12.1975) by Cork Blood Transfusion Service Committee (Establishment) Order 1975 (Revocation) Order 1975 (S.I. No. 287 of 1975), in effect as per arts. 2, 3.
E121
Power pursuant to section exercised (1.04.1975) by Mass-Radiography Board (Establishment) Order 1964 (Revocation) Order 1975 (S.I. No. 59 of 1975), in effect as per arts. 2, 3.
E122
Power pursuant to section exercised (1.04.1964) by Newcastle Hospital Board (Establishment) Order 1964 (Revocation) Order 1964 (S.I. No. 75 of 1964), in effect as per arts. 2, 3.