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13 1999

HEALTH (EASTERN REGIONAL HEALTH AUTHORITY) ACT, 1999

PART IV

Dissolution of Eastern Health Board and transfer of its staff to Authority

Dissolution of Eastern Health Board.

19. —(1) On the establishment day, the Eastern Health Board shall stand dissolved.

(2) On the establishment day, all land which, immediately before that day, was vested in the Eastern Health Board and all rights, powers and privileges relating to or connected with that land shall, without any conveyance or assignment, stand vested in the Authority.

(3) On the establishment day, all property other than land, including choses-in-action, which, immediately before that day, was the property of the Eastern Health Board shall stand vested in the Authority without any assignment.

(4) All rights and liabilities of the Eastern Health Board arising by virtue of any contract or commitment (express or implied) entered into by that body before the establishment day shall on that day stand transferred to the Authority.

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

(6) Final accounts of the Eastern Health Board shall be drawn up in accordance with the accounting standards specified by the Minister for the purposes of section 11(2) of the No. 3 Act of 1996 and shall be audited by the Comptroller and Auditor General in accordance with section 6 of the Act of 1993.

(7) Any legal proceedings pending on the establishment day in any court or tribunal to which the Eastern Health Board is a party shall continue with the substitution of the name of the Authority for that of the Eastern Health Board and shall not abate by reason of such substitution.

(8) Any reference to the Eastern Health Board in an order made by a court before the establishment day shall, on the establishment day, be construed as a reference to the Authority.

(9) Any resolution passed, order made or notice served by the Eastern Health Board before the establishment day the operation, effect or term of which had not ceased or expired immediately before the establishment day shall, on or after that day, continue in force and have effect as though it was a resolution passed, order made or notice served by the Authority.

(10) Any rule or regulation made by the Eastern Health Board which was in force immediately before the establishment day shall, on or after that day, continue in force and have effect as though it was a rule or regulation made by the Authority, and every such rule or regulation may be continued, varied or revoked, and penalties and forfeitures arising thereunder may be recovered and enforced by the Authority.

(11) The Authority may, subject to this Act, in writing transfer to an Area Health Board any land, other property, right or liability transferred to it under this section.

Transfer of staff of Eastern Health Board to Authority.

20. —(1) Every person who immediately before the establishment day is a member of the staff of the Eastern Health Board shall, on that day, be transferred to and become a member of the staff of the Authority.

(2) Save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a person referred to in subsection (1) shall not, while in the service of the Authority, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (including those relating to tenure of office) than the scale of pay to which he or she was entitled and the terms and conditions of service (including conditions relating to tenure of office) to which he or she was subject immediately before the establishment day.

(3) Every contract of service, express or implied, which is in force immediately before the establishment day between the Eastern Health Board and any person to whom subsection (1) applies shall continue in force on and after the establishment day, but shall be construed and have effect as if the Authority were substituted therein for the Eastern Health Board and every such contract shall be enforceable by or against the Authority accordingly.

(4) A person transferred to the staff of the Authority under this section or appointed as an officer or servant of the Authority in accordance with section 14(1) of the Principal Act, may be assigned from time to time by the Authority to an Area Health Board.

(5) Every person assigned under subsection (4) shall continue to be an officer or servant of the Authority, as the case may be, but shall, while so assigned, be subject to the directions of the area chief executive of the Area Health Board to which he or she is assigned, subject to such arrangements as may be made between the Regional Chief Executive and that area chief executive.

(6) For the purposes of any enactment relating to superannuation, the office of an officer who on the establishment day was an officer of the Eastern Health Board shall be deemed not to have been abolished.