S.I. No. 260/1964:

DUBLIN DENTAL HOSPITAL (ESTABLISHMENT) ORDER, 1963, (AMENDMENT) ORDER, 1964.

DUBLIN DENTAL HOSPITAL (ESTABLISHMENT) ORDER, 1963, (AMENDMENT) ORDER, 1964.

The Minister for Health, in exercise of the powers conferred on him by sections 3 to 6 of the Health (Corporate Bodies) Act, 1961 , hereby orders as follows :--

1. This Order may be cited as the Dublin Dental Hospital (Establishment) Order, 1963, (Amendment) Order, 1964.

2. In this Order "the Principal Order " means the Dublin Dental Hospital (Establishment) Order, 1963 ( S.I. No. 129 of 1963 ).

3. The Principal Order shall have effect subject to the deletion of sub-article (2) of Article 6 and the substitution therefor of the following :--

" (2) Every member of the Board, first appointed under this Order, shall hold office (unless he sooner dies, resigns by letter addressed to the Minister or ceases to be a member in accordance with Article 7 of this Order) until the 31st day of December, 1964.

(3) The term of office of a member of the Board appointed to serve subsequent to the 31st day of December, 1964 shall (unless he sooner dies, resigns by letter addressed to the Minister or ceases to be a member in accordance with Article 7 of this Order), be such period not exceeding four years as may be specified by the Minister when appointing him."

4. The Principal Order shall have effect subject to the deletion of Article 20 and the substitution therefor of the following :--

" 20. (1) The Board may appoint such and so many officers and employ such and so many servants as the Board may, from time to time, think proper.

(2) Every officer of the Board holding office in a permanent capacity shall cease to hold his office on attaining the age of sixty-five years.

(3) The Board may, with the consent of the Minister, determine, on or before the 31st day of December, 1964 that the preceding sub-article shall not apply to an officer of the Board who immediately before the 17th day of July, 1963 was an officer of the Incorporated Dental Hospital of Ireland in a permanent capacity.

(4) When making a determination under the preceding sub-article, the Board shall, in respect of each officer to whom the determination relates, fix with the consent of the Minister such particular age greater than sixty-five years as the age on attaining which such officer shall cease to hold office.

(5) The Board shall determine the remuneration and conditions of service of each officer and each servant of the Board and may, from time to time, alter the remuneration or conditions of service of any officer or servant.

(6) The Board shall, from time to time, assign such duties as they consider appropriate to each officer and servant of the Board and each such officer and servant shall perform the duties so assigned to him.

(7) The Minister may, whenever and so often as he thinks fit, declare that any of the powers in relation to officers conferred on the Board by this article shall be exercisable only with the consent of the Minister, and whenever any such declaration is in force, the said powers may, in relation to the office to which the declaration applies, be exercised only with such consent.

5. The Principal Order is hereby amended by the addition of the following Article.

" 24. The Local Government (Superannuation) Act, 1956 shall, in its application to the Board, be subect to the following modifications, in addition to the modification specified in Article 23 :--

(a) A person in respect of whom a declaration is made by the Minister that he is a registrable officer in accordance with the terms of Article 23 shall have his name entered in the register of pensionable officers maintained by the Board with effect from 17th July, 1963.

(b) A person whose name is entered in the register of pensionable officers and who immediately before the 17th July 1963 was an officer of the Incorporated Dental Hospital of Ireland in a permanent capacity shall be entitled to reckon as service with the Board--

(i) the half of the continuous period immediately before the 17th July, 1963 of his service in a permanent capacity as an officer of the Incorporated Dental Hospital of Ireland, and

(ii) where such person applies in writing to the Board before the 31st March, 1965 to have the remainder of such continuous period so reckonable, he shall be entitled to reckon as service the remainder of such period if he pays to the Board a sum calculated at the rate of five per cent of one half of the total amount of his salary and of the value of his emoluments as an officer of the Incorporated Dental Hospital of Ireland during such period or he agrees with the Board to pay the said sum within three years from the 30th November, 1964 in such instalments as may be agreed with the Board and he authorises the Board to recover such instalments by means of periodical deductions from his salary and emoluments and by retaining them out of any lump sum, allowance or gratuity payable by the Board to or in respect of him.

(c) As respects a person whose name is entered in the register of pensionable officers and to whose pensionable local service there is not added a period in accordance with paragraph (a) of subsection (2) of section 13 of the said Act and who--

(i) was required as a condition of his appointment to be a registered medical or dental practitioner, and

(ii) has not less than ten years of pensionable local service,

the Bord may add to his pensionable local service the period which could be added in accordance with section 13 of the said Act if the circumstances set out in paragraph (a) of subsection (2) of that section applied in relation to the person.

(d) A pensionable servant of the Board shall be entitled to reckon as service with the Board--

(i) half the number of whole years in the period or in the aggregate of the periods which he would have been entitled to reckon if Part III of the said Act had been in operation in relation to the Incorporated Dental Hospital of Ireland and he had been a pensionable servant, and

(ii) where such person applies in writing to the Board before the expiration of six months from the coming into operation of Part III of the said Act in relation to the Board to have the remainder of the said number of whole years so reckonable, he shall be entitled to reckon the remainder of the said number of whole years as service if he pays to the Board a sum calculated at the rate of four and one-sixth per cent. of one half of the total amount of his wages and of the value of his emoluments as a servant of the Incorporated Dental Hospital of Ireland during the said number of whole years in which he was employed by the said Hospital and he authorises the Board to recover such instalments by means of periodical deductions from his wages and emoluments and by retaining them out of any allowance or gratuity payable by the Board or to in respect of him.

(e) For the purposes of paragraph (a) of subsection (1) of section 34 of the said Act, a pensionable servant of the Board shall be entitled to reckon as a service day in the local financial year ending on the 31st day of March, 1964, any day during the period commencing on the 1st day of April, 1963, and ending on the 16th day of July, 1963, on which the person worked in a wholetime capacity with the Board and with the Incorporated Dental Hospital of Ireland.

GIVEN under the Official Seal of the Minister for Health this thirteenth day of November, 1964.

SEAN MACENTEE,

Minister for Health.

The Minister for Local Government hereby consents to the modifications, contained in article 5 of the above Order, of the Local Government (Superannuation) Act, 1956 , as applied to the Dublin Dental Hospital Board.

Dated this thirteenth day of November, 1964.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

This Order amends the Dublin Dental Hospital (Establishment) Order, 1963, S.I. No. 129 of 1963 . It provides for the appointment of members of the Dublin Dental Hospital Board on the expiration, on 31st December, 1964, of the term of office of the existing members of the Board and, in effect, gives continuity to the Board as a corporate body. The Order also contains provisions relating to officers and servants of the Board and, in particular, applies, with certain modifications, the Local Government (Superannuation) Act, 1956 to the officers and servants of the Board.