No. 144/1945:

DUBLIN FEVER HOSPITAL ACT, 1936 (ADAPTATION) ORDER, 1945.

DUBLIN FEVER HOSPITAL ACT, 1936 (ADAPTATION) ORDER, 1945.

WHEREAS by virtue of sub-section (2) of Section 38 of the Dublin Fever Hospital Act, 1936 , (hereinafter referred to as " the Act ") as adapted by the Dublin Fever Hospital Act, 1936 (Adaptation) Order, 1944, the Dublin Fever Hospital Board (hereinafter referred to as " the Hospital Board ") is deemed to be a local authority within the meaning of Part IV. of the Local Government Act, 1941 , and the said Part applies to the Hospital Board and its members accordingly :

AND WHEREAS the Act is an enactment in force at the commencement of the County Management Act, 1940 :

AND WHEREAS the Act assigns functions to the Dublin Board of Public Health and the said functions are now by Section 36 of the said County Management Act, 1940 , transferred to the Council of the County of Dublin :

AND WHEREAS by reason of the said transfer the Act relates to the Council of a County and is required by sub-section (1) of Section 37 of the said County Management Act, 1940 , to be construed and have effect with the substitution therein of the Council of the County of Dublin for the Dublin Board of Public Health :

AND WHEREAS for the purpose of enabling the said Part IV. to have full force and effect in relation to the Hospital Board it appears to the Minister for Local Government and Public Health necessary to make in the Act the adaptations and modifications hereinafter specified :

NOW THEREFORE the Minister for Local Government and Public Health in exercise of the power conferred on him by sub-section (1) of Section 54 of the Local Government Act, 1941 , hereby orders as follows, that is to say :—

1. The following adaptations and modifications shall be made in the Act, that is to say :—

(a) The words " subject to the provisions of Section 12A of this Act " shall be inserted at the beginning of sub-section (2) of Section 10, sub-section (2) of Section 11 and subsection (2) of Section 12.

(b) Immediately before Section 13 a new section shall be inserted as follows, that is to say :—

" Elections after removal of members from office.

12A. The application of any provision of this Act which requires any members of the Board to be elected by any body in every election year shall be suspended during a period in which the members of the Board are removed from office under Part IV. of the Local Government Act, 1941 , but at a meeting to be held on the day appointed by the Minister for the holding of the new election under the said Part IV. after such removal such body shall elect such members."

(c) The words " subject to the provisions of sub-section (2A) of this section " shall be inserted at the beginning of sub-section (2) of Section 13.

(d) Immediately after sub-section (2) of Section 13 the following additional sub-section shall be inserted, that is to say :—

"(2A) If and whenever the members of the Hospital Board have been removed from office under Part IV. of the Local Government Act, 1941 , the provisions of sub-section (2) of this section shall not have effect in any election year until the holding of the new election under the said Part IV. but the Minister shall on the date appointed for the holding of such new election by order appoint three persons to be appointed members."

2. This Order may be cited as the Dublin Fever Hospital Act, 1936 (Adaptation) Order, 1945.

GIVEN under the Official Seal of the Minister for Local Government and Public Health this sixteenth day of June, One Thousand Nine Hundred and Forty-five.

(Signed) F. C. WARD,

Parliamentary Secretary to the Minister for Local Government and Public Health.