S.I. No. 633 of 2006

NATIONAL BREAST SCREENING BOARD (REVOCATION AND DISSOLUTION) ORDER, 2006.

The Minister for Health and Children in exercise of the powers conferred on her by Section 7 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961), (as adapted by the Health (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 308 of 1997 )), hereby orders as follows:-

1.   This Order may be cited as the National Breast Screening Board (Revocation and Dissolution) Order, 2006.

2.   In this Order-

-�National Breast Screening Board-� means the Board established by the National Breast Screening Board (Establishment) Order, 2004 ( S.I. No. 891 of 2004 );

-�Board-� means the National Cancer Screening Service Board established by the National Cancer Screening Service Board (Establishment) Order, 2006 ( S.I. No. 632 of 2006 );

-�member of staff-� includes an officer and a servant;

-�recognised trade union or association of employees-� means a trade union or association of employees recognised by the Board for the purpose 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 remuneration, superannuation and tenure of office and related matters.

3.   The National Breast Screening Board is dissolved with effect from 1^st January 2007.

4. (1)   The following are transferred to the Board on 1^st January 2007:-

(a) All property, whether real or personal (including choses-in-action), and rights relating to such property, held or enjoyed immediately before 1^st January 2007 by the National Breast Screening Board.

(b) All rights, held or enjoyed immediately before 1^st January 2007 by the National Breast Screening Board.

(c) All liabilities incurred before 1^st January 2007 by the National Breast Screening Board that had not been discharged before that date and accordingly, without any further conveyance, transfer or assignment:-

(i)       the said property, real and personal, shall on 1^st January 2007, vest in the Board for all the estate, term or interest, for which, immediately before such date, it was vested in the National Breast Screening Board but subject to all trusts and equities affecting the property and capable of being performed,

(ii)      the said rights shall, as and from 1^st January 2007, be enjoyed by the Board,

(iii)     the said liabilities shall, as and from 1^st January 2007, be the liabilities of the Board.

(2)     All moneys transferred to the Board by this Order, which, immediately before 1^st January 2007, are standing in the name of the National Breast Screening Board, shall, upon the request of the Board, be transferred into its name.

(3)     Every right and liability transferred by this Order to the Board may, on or after 1^st January 2007, be sued on, recovered or enforced by or against the Board in its own name and it shall not be necessary for the Board to give notice of the transfer to the person whose right or liability is transferred by this Order.

(4)     Every bond, guarantee or other security of a continuing nature made or given by or on behalf of the National Breast Screening Board or any trustee or agent thereof acting on its behalf to any person or given by any person to and accepted by or on behalf of the National Breast Screening Board and every contract or agreement in writing made between the National Breast Screening Board and any other person (including contracts of employment) and in force immediately before 1^st January 2007 shall continue in force after 1^st January 2007 and shall be construed and have effect as if the name of the Board were substituted therein for that of the National Breast Screening Board or, as the case may be, its trustee or agent acting on its behalf, and shall be enforceable by or against the Board.

5. (1)   Each person who immediately before 1^st January 2007 is a member of staff of the National Breast Screening Board, shall on 1^st January 2007 be transferred to and become a member of staff of the Board.

(2)     Except in accordance with a collective agreement negotiated with a recognised trade union or association of employees, a person transferred under this Article is entitled, while in the employment of the Board, to terms and conditions of employment no less favourable than those to which the person was entitled immediately before 1^st January 2007.

(3)     Unless the terms and conditions of employment to which a person transferred under this Article was entitled immediately before 1^st January 2007 are varied by the Board after consulting and reaching a collective agreement with the recognised trade union or association of the employees concerned, they continue to apply to that person while in the employment of the Board.

(4)     Any superannuation benefits awarded to or in respect of a person transferred under this Article and the terms relating to those benefits shall be no less favourable than those applicable to or in respect of that person immediately before 1^st January 2007.

6.   Any act that was done by or on behalf of the National Breast Screening Board shall, if and in so far as it was operative immediately before 1^st January 2007, have effect on and after 1^st January 2007 as if it had been done by or on behalf of the Board.

7.   Where, immediately before 1^st January 2007, legal proceedings are pending in any court or tribunal and the National Breast Screening Board is a party to the proceedings, the Board shall be substituted for the National Breast Screening Board and the proceedings shall not abate by reason of such substitution.

8.   The National Breast Screening Board (Establishment) Order, 2004 ( S.I. No 891 of 2004 ) is revoked with effect from 1^st January 2007.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for the revocation and dissolution of the National Breast Screening Board established under the National Breast Screening Board (Establishment) Order 2004, S.I. No. 891 of 2004 .

The National Cancer Screening Service Board (Establishment) Order, 2006, S.I. No. 632 of 2006 provides for the transfer on 1^st January 2007 of the functions of the National Breast Screening Board.