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14 1950

SOCIAL WELFARE ACT, 1950

PART III.

Miscellaneous.

Payments from Fund for acquisition of land, etc.

21. —(1) Payments may be made out of the Fund in respect of expenditure by the Minister on the acquisition of lands, premises, furniture or equipment or the construction or reconstruction of premises, and any such lands, premises, furniture or equipment shall be held by the Minister on behalf of the Fund.

(2) A payment shall not be made under subsection (1) of this section on or after the 1st day of July, 1954, save with the consent of the Minister for Finance.

(3) There shall be an investment return in respect of payments made out of the Fund under subsection (1) of this section and such return shall be in the form of contributions to the Fund in respect of the payments made out of the Fund.

For the purposes of this subsection, the payments made out of the Fund under subsection (1) of this section shall, on the former staff of the Society being transferred to any premises acquired pursuant to that subsection, be regarded as being reduced by the value (as agreed upon between the Minister and the Minister for Finance) of the part of those premises that are occupied by the former staff of the Society.

(4) The contributions to be made under subsection (3) of this section shall be at rates to be agreed upon from time to time between the Minister and the Minister for Finance and shall be made into the Fund out of moneys provided by the Oireachtas.

(5) The Minister may dispose of any lands, premises, furniture or equipment which he has acquired, constructed or reconstructed under this section and any moneys which he receives in respect of any such disposal shall be paid into the Fund.

(6) A disposal shall not be effected under subsection (5) of this section on or after the 1st day of July, 1954, save with the consent of the Minister for Finance.

(7) In dealing at any time before the 1st day of July, 1954, with any matter arising out of any acquisition, construction or reconstruction pursuant to subsection (1) of this section or arising out of any disposal pursuant to subsection (5) of this section, it shall not be obligatory on the Minister to refer to any other Minister or obtain the consent or sanction of any other Minister.

(8) This section shall be deemed to have come into operation on the 1st day of July, 1949.

Restriction on increase of remuneration, etc.

22. —(1) It shall not be lawful for the committee of management without the consent of the Minister to pay to any person, who, on the 1st day of January, 1950, was an officer or employee of the Society, remuneration in respect of any period subsequent to the passing of this Act at a rate greater than the rate of remuneration of such person on the 1st day of January, 1950.

(2) It shall not be lawful for the committee of management without the consent of the Minister to pay to any person who, after the 1st day of January, 1950, and before the passing of this Act, became an officer or employee of the Society, remuneration in respect of any period subsequent to the passing of this Act at a rate greater than the rate of remuneration of a similar officer or employee of the Society on the 1st day of January, 1950.

(3) It shall not be lawful for the committee of management without the consent of the Minister to fix or alter the remuneration of any person becoming an officer or employee of the Society after the passing of this Act.

(4) Where an officer or employee of the Society has remuneration comprising a scale of annual increments, nothing in this section shall restrict the grant in accordance with the scale of any of the increments.

Continuation in office of members of committee of management.

23. —(1) Where, on the 1st day of August, 1950, an appointment of the transfer day either has not been made or, if it has been made, is an appointment of a day after the 1st day of August, 1950—

(a) the persons who, immediately before the 1st day of August, 1950, held office as employers' members, insured persons' (trade union nominees) members and insured persons' (local authorities' nominees) members of the committee of management shall, subject to any vacancies that may occur by reason of death, resignation or disqualification, continue to hold office as such members until the transfer day, and

(b) any vacancy which, on or after the 1st day of August, 1950, and before the transfer day, occurs among such members shall not be filled.

(2) The appointment of employers' members, nomination of insured persons' (trade union nominees) members and election of insured persons' (local authorities' nominees) members of the committee of management to hold office for the year beginning on the 1st day of August, 1950, shall not be carried out and, if any such appointment, nomination or election is carried out, it shall be void.

(3) Subsection (2) of this section shall be deemed to have come into operation on the 1st day of January, 1950.

Adjustments in funds and accounts.

24. —(1) The Minister may make such adjustments in the funds and accounts relating to National Health Insurance under his control as he considers necessary or expedient consequent on the pending dissolution of the Society or, after the dissolution of the Society, consequent on such dissolution.

(2) An adjustment under subsection (1) of this section shall be subject to the sanction of the Minister for Finance.

(3) The Minister for Finance may make such adjustments in the funds and accounts relating to National Health Insurance under his control as he considers necessary or expedient consequent on the pending dissolution of the Society or, after the dissolution of the Society, consequent on such dissolution.

Directions with respect to certain requirements.

25. —(1) Where the Minister directs that, in view of the pending dissolution of the Society or, after the dissolution of the Society, in view of such dissolution, it is not necessary or is not expedient to carry out a specified requirement of any provision of or made under the Acts, the requirement shall not be carried out.

(2) Where the Minister directs that, in view of the pending dissolution of the Society or, after the dissolution of the Society, in view of such dissolution, it is necessary or is expedient that a specified requirement of any provision of or made under the Acts shall be carried out subject to specified modifications, the requirement shall be carried out subject to those modifications.

(3) A direction under this section relating to a requirement with respect to accounts or moneys of the Society or of the Fund shall be subject to the sanction of the Minister for Finance.

(4) In this section, the word “requirement” includes a requirement in relation to a period before, or partly before and partly after, the passing of this Act.

Amendment of section 81 of Act of 1911 and section 16 of National Health Insurance and Widows' and Orphans' Pensions Act, 1936.

26. —(1) This section applies to the following enactments:

(a) subsections (10) and (11) of section 81 of the Act of 1911 as amended by subsection (2) of section 16 of the Social Welfare Act, 1948 (No. 17 of 1948), and

(b) paragraph (d) of section 16 of the National Health Insurance and Widows' and Orphans' Pensions Act, 1936 (No. 12 of 1936).

(2) In the case of the year ending on the 31st day of December, 1950, and of every subsequent year, the amount to be paid out of moneys provided by the Oireachtas into the Fund pursuant to the enactments to which this section applies shall, in lieu of being the amount appropriate in accordance with those enactments, be forty-four thousand pounds.

(3) The amounts paid before the passing of this Act out of moneys provided by the Oireachtas into the Fund in respect of the year which ended on the 31st day of December, 1948, and in respect of the year which ended on the 31st day of December, 1949, pursuant to the enactments to which this section applies shall be deemed to be the amounts due and payable up to the passing of this Act in accordance with those enactments in respect of those years, and, accordingly, no adjustments shall fall to be made with respect to those amounts.

Amendment of section 17 of National Health Insurance Act, 1947.

27. —(1) Section 17 of the National Health Insurance Act, 1947 (No. 9 of 1947), is hereby amended by the deletion in subsection (2) of the words “during that financial year”.

(2) This section shall be deemed to have come into operation on the passing of the National Health Insurance Act, 1947 .

Repeal.

28. —(1) The Scottish Insurance Companies (Superannuation Fund) Order, Confirmation Act, 1914, is hereby repealed.

(2) This section shall be deemed to have come into operation on the 5th day of July, 1948.