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42 2004

Health Act 2004

PART 10

Dissolution of Certain Health Bodies and the Transfer of their Functions and Employees, etc., to the Executive

Definitions (Part 10).

56.— In this Part “specified body” means—

(a) the health boards,

(b) the Eastern Regional Health Authority,

(c) the Area Health Boards,

(d) the Hospital Bodies Administrative Bureau,

(e) the Health Boards Executive,

(f) the General Medical Services (Payments) Board,

(g) the Health Service Employers Agency, and

(h) the Interim Health Service Executive.

Dissolution of Comhairle na nOspidéal and transfer of its functions.

57.— (1) Comhairle na nOspidéal is, by this Act, dissolved on the establishment day.

(2) The functions that are specified in section 41(1)(b)(i) and (ii) of the Health Act 1970 and that, immediately before the establishment day, were the functions of Comhairle na nOspidéal are, by this Act, transferred to the Executive on that day.

(3) Despite the repeal of section 41 of the Health Act 1970 by this Act, subsection (1)(c) of that section (duty to consult with colleges) applies to the Executive in relation to the function that is specified in subsection (1)(b) of that section and is transferred to the Executive.

(4) In this section and section 67 “Comhairle na nOspidéal” means the body of that name established under section 41 of the Health Act 1970 .

Dissolution of health boards and other specified bodies.

58.— The specified bodies are, by this Act, dissolved on the establishment day.

Transfer of functions of specified bodies to Executive.

59.— (1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3, or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

(c) the area chief executive of an Area Health Board.

(4) This section does not apply in relation to the functions of the Hospital Bodies Administrative Bureau.

Transfer of employees of specified bodies to Executive.

60.— (1) Each person who, immediately before the establishment day, was an employee of a specified body is, on that day, transferred to and becomes an employee of the Executive.

(2) Except in accordance with a collective agreement negotiated with a recognised trade union or association of employees, a person transferred under this section is entitled, while in the employment of the Executive, to terms and conditions of employment no less favourable than those to which the person was entitled immediately before the establishment day.

(3) Until the terms and conditions of employment to which a person transferred under this section was entitled immediately before the establishment day are varied by the Executive after consulting and reaching a collective agreement with the recognised trade union or association of employees concerned, they continue to apply to that person while in the employment of the Executive.

(4) The previous service of a person transferred under this section is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts:

(a) the Redundancy Payments Acts 1967 to 2003;

(b) the Protection of Employees (Part-Time Work) Act 2001 ;

(c) the Protection of Employees (Fixed-Term Work) Act 2003 ;

(d) the Organisation of Working Time Act 1997 ;

(e) the Minimum Notice and Terms of Employment Acts 1973 to 2001;

(f) the Unfair Dismissals Acts 1977 to 2001;

(g) the Maternity Protection Act 1994;

(h) the Parental Leave Act 1998 ;

(i) the Adoptive Leave Act 1995 ;

(j) the Carer's Leave Act 2001 .

(5) Any superannuation benefits awarded to or in respect of a person transferred under this section and the terms relating to those benefits shall be no less favourable than those applicable to or in respect of that person immediately before the establishment day.

(6) If, in the period beginning on the establishment day and ending immediately before the commencement of a superannuation scheme under section 23 , a superannuation benefit becomes payable to or in respect of a person transferred under this section—

(a) the Executive shall calculate the benefit in accordance with such superannuation scheme, or such enactments in relation to superannuation, as applied to the person immediately before the establishment day,

(b) the person's pensionable service with the Executive shall, for the purpose of calculating the benefit, be aggregated with the person's previous pensionable service, and

(c) the benefit shall be paid by the Executive.

(7) In this section—

“previous service” means service before the applicable transfer day with a specified body;

“recognised trade union or association of employees” means a trade union or association of employees recognised by the Executive for the purposes of negotiations that are concerned with the terms and conditions of employment and the working conditions of employees;

“terms and conditions of employment” includes terms and conditions in respect of tenure of office, remuneration and related matters.

Transfer of pension liabilities relating to former employees of specified bodies.

61.— (1) The pension payments and other superannuation liabilities of each specified body in respect of its former employees become on the establishment day the liabilities of the Executive.

(2) Subsection (1) is not to be taken to limit the generality of section 62 (3) or (4).

Transfer of property and liabilities to Executive.

62.— (1) On the establishment day, all land that, immediately before that day, was vested in a specified body and all rights, powers and privileges relating to or connected with that land are, without any conveyance or assignment, transferred to and vested in the Executive.

(2) On the establishment day, all property other than land (including choses-in-action) that, immediately before that day, was the property of a specified body is transferred to and vested in the Executive without any assignment.

(3) All rights and liabilities of a specified body arising by virtue of any contract or commitment (express or implied) entered into by that body before the establishment day are on that day transferred to the Executive.

(4) Each right and liability transferred under subsection (3) may on or after its transfer be sued on, recovered or enforced by or against the Executive in its own name and it shall not be necessary for the Executive to give notice of the transfer to the person whose right or liability is transferred.

Preservation of contracts, etc., and adaptation of references.

63.— Every contract, agreement or arrangement made between a specified body and any other person and in force immediately before the establishment day—

(a) continues in force on and after that day,

(b) is to be read and have effect as if the name of the Executive were substituted in the contract, agreement or arrangement for that of the specified body, and

(c) is enforceable by and against the Executive.

Pending legal proceedings.

64.— (1) If, immediately before the establishment day, any legal proceedings to which a specified body or Comhairle na nOspidéal is a party are pending in any court or tribunal, the Executive's name shall be substituted in the proceedings for the name of the specified body or Comhairle na nOspidéal and the proceedings shall not abate because of the substitution.

(2) Subsection (1) applies with the necessary modifications in relation to any legal proceedings to which, immediately before the establishment day, any of the following officers is, in his or her official capacity, a party:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

(c) the area chief executive of an Area Health Board.

(3) Any reference to a specified body or Comhairle na nOspidéal in an order made by a court before the establishment day shall, on the establishment day, be construed as a reference to the Executive.

Preservation of orders, notices, rules, records, etc.

65.— (1) Any resolution passed, order made or notice served by a specified body before the establishment day the operation, effect or term of which has not ceased or expired immediately before that day continues in force on and after that day, and has effect as if it were a resolution passed, an order made or a notice served by the Executive.

(2) Any rule or regulation made by a specified body that was in force immediately before the establishment day continues in force on and after that day, and has effect as if it were a rule or regulation made by the Executive.

(3) Each rule or regulation continued in force under subsection (2) may be varied or revoked, and penalties and forfeitures arising under the rule or regulation may be recovered and enforced by the Executive.

(4) Each record held by a specified body immediately before the establishment day is on that day transferred to the Executive and is, on and from that day, deemed to be held by the Executive.

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.

Functional areas of dissolved health boards.

67.— (1) An area that before the establishment day was a functional area of—

(a) a health board,

(b) the Eastern Regional Health Authority, or

(c) an Area Health Board,

becomes on that day a functional area of the Executive with the same geographical boundaries as it had before that day.

(2) References (however expressed) in any enactment referred to in Schedule 3 to a functional area of a health board, the Eastern Regional Health Authority or an Area Health Board are on and after the establishment day to be read as references to—

(a) the corresponding functional area of the Executive or that area as redefined in accordance with this section, or

(b) if the context so requires, the area comprising all of the corresponding functional areas of the Executive or comprising all of those areas as redefined in accordance with this section.

(3) Subject to subsection (4) and section 15(2)(a) of the Civil Registration Act 2004 , the Executive may, by notice published in Iris Oifigiúil, redefine for any purpose specified by it in the notice the geographical boundaries of a functional area of the Executive.

(4) If the Executive proposes to redefine the geographical boundaries of a functional area for the purpose of any function that is the subject of an agreement under section 8 with a public authority, the Executive shall consult that public authority before redefining those boundaries.

References to chief executives of dissolved health boards.

68.— Subject to section 59 , references (however expressed) in any Act passed before the establishment day or in any instrument made before that day under such Act to—

(a) the chief executive officer of a health board,

(b) the Regional Chief Executive of the Eastern Regional Health Authority, or

(c) the area chief executive of an Area Health Board,

are to be read as references to the chief executive officer of the Executive.

References to deputy chief executives of dissolved health boards.

69.— Subject to section 59 , references (however expressed) in any Act passed before the establishment day or in any instrument made before that day under such Act to the deputy chief executive officer of—

(a) a health board,

(b) the Eastern Regional Health Authority, or

(c) an Area Health Board,

are to be read as references to the employee of the Executive appointed under section 18 (3) as deputy chief executive officer.

Dissolution of bodies established under Health (Corporate Bodies) Act 1961.

70.— (1) The Minister may, by order, provide for the dissolution, on such day or days as he or she may appoint, of bodies established under the Health (Corporate Bodies) Act 1961 and for the transfer of their functions to the Executive.

(2) An order under this section may include provision for the following matters:

(a) the transfer to the Executive of any of the property, rights and liabilities of a body dissolved in accordance with the order;

(b) the preservation of continuing contracts and commitments made by the dissolved body;

(c) the continuance of pending legal proceedings;

(d) the application of section 60 , with the necessary modifications, to the transfer of employees of the dissolved body to the Executive;

(e) the application of section 61 , with the necessary modifications, in respect of former employees of the dissolved body;

(f) the transfer of all records of the dissolved body to the Executive.

(3) References (however expressed) to a body dissolved in accordance with an order under this section in any Act passed, or instrument made, before the dissolution of that body are to be read as references to the Executive.

Final accounts of specified bodies and other dissolved bodies.

71.— (1) The Executive shall prepare, in accordance with the accounting standards specified by the Minister for the purposes of section 36 (3) and in respect of the period specified under subsection (3) of this section, final accounts of each body dissolved under section 58 or in accordance with an order under section 70 .

(2) The Executive shall submit the final accounts to the Comptroller and Auditor General for audit not later than 3 months after—

(a) the establishment day, in the case of a body dissolved under section 58 , or

(b) the dissolution of the body, in the case of a body dissolved in accordance with an order under section 70 .

(3) For the purpose of subsection (1), the Minister may specify a period that is longer or shorter than a financial year of the body concerned.

(4) Despite the repeal of section 6 of the Comptroller and Auditor General (Amendment) Act 1993 , that section continues, subject to subsections (1) and (2) of this section, to apply in relation to the final accounts of the Eastern Regional Health Authority and a health board.

(5) Despite the repeal of section 18 of the Health (Amendment) (No. 3) Act 1996 , that section continues, subject to subsections (1) and (2) of this section, to apply in relation to the final accounts of the Eastern Regional Health Authority and the Area Health Boards.

Executive to prepare final annual report for specified bodies and other dissolved bodies.

72.— (1) The Executive shall prepare the final annual report for each body dissolved under section 58 or in accordance with an order under section 70 and submit the report to the Minister not later than—

(a) 6 months after the establishment day of the Executive, in the case of a body dissolved under section 58 , or

(b) as soon as practicable after the dissolution of the body, in the case of a body dissolved in accordance with an order under section 70 .

(2) Subsections (4) and (5) of section 37 apply with the necessary modifications in relation to an annual report prepared under this section.