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21 1936

DUBLIN FEVER HOSPITAL ACT, 1936

PART II.

The Dublin Fever Hospital Board.

Establishment and Constitution of the Hospital Board.

Establishment of the hospital board.

7. —(1) There shall be established on the appointed day a board (in this Act referred to as the hospital board) to be styled and known as the Dublin Fever Hospital Board to fulfil the functions assigned to it by this Act.

(2) The hospital board shall be a body corporate with perpetual succession and an official seal (which shall be judicially noticed) and power to sue and be sued in its corporate name and to hold land.

Constitution of the hospital board.

8. —The hospital board shall consist of—

(a) seven members (in this Act referred to as city members) elected, in accordance with this Act, by the Corporation,

(b) three members (in this Act referred to as board of health members) elected, in accordance with this Act, by the board of health,

(c) seven members (in this Act referred to as extraordinary members) elected, in accordance with this Act, by the extraordinary members electorate, and

(d) three members (in this Act referred to as appointed members) appointed, in accordance with this Act, by the Minister.

Qualifications for membership.

9. —(1) A person shall not be qualified to be elected a city member unless at the date of his election he is a member of the city council.

(2) A person shall not be qualified to be elected a board of health member unless at the date of his election he is a member of the board of health.

(3) A person shall not be qualified to be elected an extraordinary member unless at the date of his election he is a member of the extraordinary members electorate.

Election and term of office of city members.

10. —(1) The first election of city members shall take place on such day, not being less than one month before the appointed day, as the Minister may appoint for the purpose, and the Corporation shall at the said election elect seven city members.

(2) The Corporation shall in every election year elect seven city members at the quarterly meeting of the city council held next after the 22nd day of June in that year, and such election shall be included in the business to be transacted at every such quarterly meeting.

(3) The term of office of every city member elected at the first election of city members shall commence on the appointed day.

(4) The term of office of every city member (other than a city member elected at the first election of city members or a person elected to fill a casual vacancy amongst the city members) shall commence on the day next following the day of the quarterly meeting of the city council at which he was elected.

(5) Every city member (other than a person elected to fill a casual vacancy amongst the city members) shall unless he sooner dies, resigns, or becomes disqualified, hold office until the day next following the day of the next quarterly meeting of the city council at which the Corporation is required by this section to elect city members.

Election and term of office of board of health members.

11. —(1) The first election of board of health members shall take place on such day, not being less than one month before the appointed day, as the Minister may appoint for the purpose, and the board of health shall at the said election elect three board of health members.

(2) The board of health shall in every election year elect three board of health members at the annual meeting of the board of health held in that year and such election shall be included in the business to be transacted at every such annual meeting of the board of health.

(3) The term of office of every board of health member elected at the first election of board of health members shall commence on the appointed day.

(4) The term of office of every board of health member (other than a board of health member elected at the first election of board of health members or a person elected to fill a casual vacancy amongst the board of health members) shall commence on the day next following the day of the annual meeting of the board of health at which he was elected.

(5) Every board of health member (other than a person elected to fill a casual vacancy amongst the board of health members) shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the day next following the day of the next annual meeting of the board of health at which the board of health are required by this section to elect board of health members.

Election and term of office of extraordinary members.

12. —(1) At a meeting of the extraordinary members electorate to be held on such day, not being less than one month before the appointed day, as the Minister shall appoint for the purpose, the extraordinary members electorate shall from amongst its members elect seven extraordinary members.

(2) The extraordinary members electorate shall in every election year elect from amongst its members seven extraordinary members at a meeting of the extraordinary members electorate held in that year on such date as the Minister shall direct.

(3) If the extraordinary members electorate, on any occasion on which it is required by either of the two immediately preceding sub-sections to elect seven extraordinary members fail to elect seven extraordinary members, the Minister shall, as soon as may be nominate that number or such less number as the circumstances require of persons to be extraordinary members and the persons so nominated shall be deemed to have been elected on the said occasion by the extraordinary members electorate as extraordinary members.

(4) The term of office of every extraordinary member elected at the first election of extraordinary members shall commence on the appointed day.

(5) The term of office of every extraordinary member (other than an extraordinary member elected at the first election of extraordinary members or a person elected to fill a casual vacancy amongst the extraordinary members) shall commence on the day next following the day of the meeting of the extraordinary members electorate at which he was elected.

(6) Every extraordinary member (other than a person elected to fill a casual vacancy amongst the extraordinary members) shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the day next following the day of the next meeting of the extraordinary members electorate at which the extraordinary members electorate is required by this section to elect extraordinary members.

Appointment and term of office of appointed members.

13. —(1) The Minister, by order made before the appointed day, shall appoint three persons to be appointed members, and the term of office of such appointed members shall commence on the appointed day.

(2) In every election year the Minister shall by order appoint three persons to be appointed members.

(3) The term of office of every appointed member (other than an appointed member who was appointed before the appointed day or a person appointed to fill a casual vacancy amongst the appointed members) shall commence on the day after the making of the order by which he was appointed.

(4) Every appointed member (other than a person appointed to fill a casual vacancy amongst the appointed members) shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the day after the making of an order under this section appointing persons to be appointed members in the election year next after the year in which his term of office commenced.

Vacancies occurring before the appointed day.

14. —For the purposes of this Act a casual vacancy in the membership of the hospital board shall be deemed to have happened if any person elected or appointed to be a member of such board dies, resigns or becomes disqualified before the appointed day, and the term of office of the person elected or appointed to fill such a casual vacancy shall commence either on the appointed day or on the day next following the day on which he is so elected, or appointed, whichever of such days shall be the later.

Resignation and disqualification of members.

15. —(1) A member of the hospital board may at any time resign his office by letter sent to the hospital board and every such resignation shall take effect at the commencement of the meeting of the hospital board held next after the sending of such letter.

(2) Whenever a city member ceases to be a member of the city council he shall be disqualified for being and shall forthwith cease to be a city member.

(3) Whenever a board of health member ceases, to be a member of the board of health he shall be disqualified for being and shall forthwith cease to be a board of health member.

(4) Whenever an extraordinary member ceases to be a member of the extraordinary members electorate he shall be disqualified for being and shall forthwith cease to be an extraordinary member.

(5) Article 12 of the Schedule to the Local Government (Application of Enactments) Order, 1898, as amended by any subsequent enactment, shall apply to the hospital board and the members thereof in like manner as it applies to a county council and the members thereof.

Casual vacancies.

16. —(1) Whenever a casual vacancy occurs amongst the city members the Corporation shall, as soon as conveniently may be, elect a person qualified to be elected a city member to fill such vacancy.

(2) Whenever a casual vacancy occurs amongst the board of health members, the board of health shall, as soon as conveniently may be elect a person qualified to be elected a board of health member to fill such vacancy.

(3) Whenever a casual vacancy occurs amongst the extraordinary members the extraordinary members electorate shall, as soon as conveniently may be, elect a person qualified to be elected an extraordinary member to fill such vacancy.

(4) Whenever a casual vacancy occurs amongst the appointed members the Minister shall by order, as soon as may be, appoint a person to be an appointed member to fill such vacancy.

(5) A person elected to fill a casual vacancy amongst the city members shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the day next following the day of the next quarterly meeting of the city council at which the Corporation is required by this Act to elect city members.

(6) A person elected to fill a casual vacancy amongst the board of health members shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the day next following the day of the next annual meeting of the board of health at which the board of health are required by this Act to elect board of health members.

(7) A person elected to fill a casual vacancy amongst the extraordinary members shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the day next following the day of the next meeting of the extraordinary members electorate in an election year at which the extraordinary members electorate are required by this Act to elect seven extraordinary members.

(8) A person appointed to fill a casual vacancy amongst the appointed members shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the day after the making of an order in an election year appointing persons to be appointed members, otherwise than for the purpose of filling casual vacancies.

Proceedings of the Hospital Board.

Meetings of the Hospital board.

17. —(1) The hospital board shall hold its first meeting on the appointed day at such time and in such place as the Minister may appoint.

(2) The hospital board shall in every year commencing after the appointed day hold a meeting (in this Act referred to as an annual meeting) on such date as the Minister may appoint.

(3) The hospital board shall hold at least one meeting in every month.

(4) Subject to the provisions of this section, the hospital board shall hold such and so many meetings as may be necessary for the exercise and performance of its powers and duties.

Chairman and vice-chairman of the hospital board.

18. —(1) The hospital board shall, at its first meeting and also at every annual meeting, elect one of its members to be chairman of the hospital board and another of its members to be vice-chairman of the hospital board.

(2) Every person elected to be chairman or vice-chairman of the hospital board shall, unless he sooner dies, resigns, or becomes disqualified, hold office as chairman or vice-chairman until his successor is elected.

(3) Whenever the office of chairman or vice-chairman becomes vacant through the death, resignation, or disqualification of the chairman or vice-chairman, the hospital board shall at the next meeting after such vacancy has taken place elect one of its members to be chairman or vice-chairman.

(4) The chairman or vice-chairman of the hospital board may at any time resign his office as chairman or vice-chairman by letter addressed to the hospital board, and every such resignation shall take effect at the commencement of the meeting of the hospital board held next after the receipt of such resignation by the hospital board.

(5) Whenever the chairman or the vice-chairman of the hospital board ceases during his term of office as such chairman or vice-chairman to be a member of the hospital board he shall be disqualified for being and shall forthwith cease to be such chairman or vice-chairman.

(6) Whenever at the election of chairman of the hospital board, there is an equality of votes for two or more persons, one of these persons shall be elected by lot.

Procedure at meetings.

19. —(1) The quorum for a meeting of the hospital board shall be four.

(2) At a meeting of the hospital board—

(a) the chairman of the hospital board shall, if he is present, be chairman of the meeting;

(b) if the chairman of the hospital board is not present or if the office of chairman is vacant, the vice-chairman of the hospital board shall, if he is present, be chairman of the meeting;

(c) if the chairman of the hospital board is not present or if the office of chairman is vacant and the vice-chairman is not present or the office of vice-chairman is vacant, the members of the hospital board who are present shall choose one of their number to be chairman of the meeting.

(3) Every question at a meeting of the hospital board shall be determined by a majority of the votes of the members present and voting on the question, and in case of an equal division of votes the chairman of the meeting shall have a second or casting vote save where the question is the election of the chairman.

(4) The hospital board may act, notwithstanding one or more vacancies amongst its members.

(5) Where—

(a) the Corporation, the board of health or the extraordinary members electorate purport to elect a person a member of the hospital board, and

(b) such person acts as such member, and

(c) there was any informality (including want of qualification on the part of such person) in the purported election of such person,

then the acts and proceedings of such person shall, for the purposes of the proceedings of the hospital board but not further or otherwise, be as valid and effectual as if there had been no such informality.

(6) Where a person duly elected as a member of the hospital board becomes disqualified for being a member of the hospital board, then the acts and proceedings of such person after his becoming disqualified shall, for the purposes of the proceedings of the hospital board but not further or otherwise, be as valid and effectual as if he had not become so disqualified.

(7) The Minister may, by regulations made by him under this Act, regulate the procedure and business of the hospital board.

(8) Subject to the provisions of this Act and any regulations made thereunder, the hospital board shall regulate, by standing orders or otherwise, the procedure and business of the hospital board.

Seal of the hospital board.

20. —(1) The hospital board shall immediately upon its establishment provide itself with a seal.

(2) The seal of the hospital board shall be authenticated by the signature of the chairman of the hospital board or some other member thereof authorised by the hospital board to act in that behalf and the signature of an officer of the hospital board duly authorised by the hospital board to act in that behalf.

Officers and Servants of the Hospital Board.

The Resident Medical Superintendent.

21. —(1) The hospital board shall appoint an officer to be called and known as the Resident Medical Superintendent who shall be a duly qualified medical practitioner, and may, subject to the approval of the Minister, fix the duties to be performed by such officer.

(2) The Resident Medical Superintendent shall be responsible to the hospital board for the internal administration of every fever hospital and every convalescent home managed and controlled by the hospital board and shall in the performance of his duties, unless the Minister otherwise directs, adopt and give effect to any recommendations made by the medical superintendent officer of health of the county borough of Dublin.

(3) The Resident Medical Superintendent shall, after the establishment of the new fever hospital, reside therein unless the hospital board, with the consent of the Minister, permit him to reside elsewhere.

Other officers of the hospital board.

22. —The hospital board may, with the approval of the Minister, appoint such and so many officers (other than the Resident Medical Superintendent) as the hospital board may from time to time think proper, to perform such duties as the hospital board may from time to time assign to them.

Remuneration of officers.

23. —(1) The Minister may from time to time by order fix the remuneration of any officer of the hospital board.

(2) Subject to the provisions of any order made under the next preceding sub-section the hospital board may, with the approval of the Minister, fix the remuneration of every officer of the hospital board.

(3) Every officer of the hospital board shall be entitled to receive from the hospital board the remuneration fixed under this section.

Miscellaneous provisions in relation to officers.

24. —(1) The hospital board may, with the approval of the Minister, remove from office any officer of the hospital board.

(2) The Minister may at any time remove from office any officer of the hospital board.

(3) The hospital board shall be deemed to be a local authority within the meaning of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), and for that purpose the expression “the Minister” in that Act shall, in relation to the hospital board, mean the Minister for Local Government and Public Health.

(4) The hospital board shall be deemed to be a local body within the meaning of Part IV of the Act of 1925, as amended by the Act of 1927, and Part IV of the Act of 1925, as so amended, shall apply to the hospital board and the officers of the hospital board accordingly.

(5) In the case of any officer of the body corporate who becomes by virtue of Part IV of this Act an officer of the hospital board, the service of such officer under the body corporate shall, for the purposes of Part IV of the Act of 1925, as amended by the Act of 1927, and as applied by this section, be reckoned as service as an officer of the hospital board.

(6) References in this section to an officer of the hospital board shall be construed as including references to an officer of the body corporate who is transferred to the hospital board under Part IV of this Act.

(7) If any question arises under this Act whether a person who is or was in the service of the hospital board is or was an officer, the question shall be referred to the Minister, whose decision shall be final.

Management of Hospitals and Convalescent Homes and Admission of Patients.

Rules for management and control of fever hospitals and convalescent homes.

25. —(1) The Minister may, after consultation with the hospital board, make rules prescribing the conditions to be fulfilled before any patient, who has been treated in any fever hospital or convalescent home which is for the time being controlled and managed by the hospital board, may be discharged from such hospital and home, and the hospital board and the officers of the hospital board shall observe such rules.

(2) Subject to any rules made under the immediately preceding sub-section, the hospital board may, from time to time, with the approval of the Minister, make all necessary rules for the conduct and management of any fever hospital or convalescent home which is for the time being controlled and managed by the hospital board, and the patients therein.

Admission of patients to fever hospitals and convalescent homes.

26. —(1) Subject to the provisions of this section, the hospital board may, from time to time, with the approval of the Minister, make rules for the admission of patients to any fever hospital or convalescent home which is for the time being controlled and managed by the hospital board.

(2) Rules made under this section may prescribe a procedure to be complied with by persons ordering the admission of patients to any fever hospital for the time being controlled and managed by the hospital board, and may provide for the admission of patients, to any fever hospital or convalescent home controlled and managed by the hospital board, on special terms as to payment and accommodation.

(3) The hospital board shall, so far as accommodation permits, receive, into any fever hospital which is for the time being controlled and managed by the hospital board, any patients suffering from infectious diseases sent to such fever hospital on the order of—

(a) the medical superintendent officer of health of the county borough of Dublin, or

(b) any assistant medical officer of health of the county borough of Dublin, or

(c) any medical officer of health of a dispensary district in the county borough of Dublin,

and the expression “city patients” means in this Act patients received in any such fever hospital under this sub-section.

(4) The hospital board shall, so far as accommodation permits, receive, into any fever hospital which is for the time being controlled and managed by the hospital board, any patients suffering from infectious diseases sent to such fever hospital on the order of—

(a) the county medical officer of health for the county of Dublin acting in his capacity as medical superintendent officer of health for any sanitary district situate in the said county, or

(b) any assistant county medical officer of health for the Dublin County Health District, or

(c) any medical officer of health of a dispensary district in the county of Dublin,

and the expression “county patients” means in this Act patients received into any such fever hospital under this sub-section.

(5) The hospital board may, with the approval of the Minister, enter into an agreement with the sanitary authority of any sanitary district not situate in the county or county borough of Dublin for the reception into any fever hospital which is for the time being controlled and managed by the hospital board, upon such terms as may be agreed upon, of inhabitants of the sanitary district of such authority who are suffering from infectious diseases.

Saving of disqualification of patients.

27. —A person shall not be disqualified for being elected or being a member of the hospital board or any other public body by reason of his or any member of his family being admitted into and maintained in any fever hospital or convalescent home managed and controlled by the hospital board.

Inspection of fever hospitals by certain medical officers of health.

28. —The medical superintendent officer of health of the county borough of Dublin and the county medical officer of health for the county of Dublin shall be entitled, at all reasonable times, to enter any institution (being a fever hospital or a convalescent home) for the time being managed and controlled by the hospital board and to inspect such institution and the arrangements made for the care of patients therein and after consultation with the Resident Medical Superintendent to inspect and examine respectively, the city patients and the county patients in such institution, and each of the said officers shall also be entitled, in consultation with the Resident Medical Superintendent, to engage in any such institution in research work in relation to the prevention and treatment of infectious diseases.

Financial Provisions.

“Establishment expenses” and “patients' expenses.”

29. —(1) For the purposes of this Act any expenses (other than patients' expenses) incurred by the hospital board under this Act shall be establishment expenses.

(2) For the purposes of this Act each of the following expenses incurred by the hospital board under this Act shall be patients' expenses, namely—

(a) the cost of conveying any patient to or from any institution (being a fever hospital or a convalescent home) for the time being managed and controlled by the hospital board,

(b) the cost of disinfecting any patient resident in any such institution or the clothing and effects of any such patient and the cost of compensation in respect of damage caused to such clothing or effects by such disinfecting,

(c) the cost of burying any patient who died in any such institution,

(d) the cost of food and medicines provided for any patient resident in any such institution,

(e) the cost of any other thing provided for any individual patient resident in any such institution.

(3) If any question arises under this Act whether any particular expenses of the hospital board are establishment expenses or patients' expenses, the question shall be referred to the Minister whose decision shall be final.

Expenses of the hospital board.

30. —(1) All expenses incurred by the hospital board under this Act shall in the first instance be defrayed by the hospital board out of a fund to be called and known as the Dublin Fever Hospital Fund, and all sums received or recovered by the hospital board shall be paid into the said fund and carried to the appropriate account thereof.

(2) In the Dublin Fever Hospital Fund separate accounts (in this Act respectively referred to as the establishment expenses account and the patients' expenses account) shall be kept as regards establishment expenses and as regards patients' expenses, and in the case of patients' expenses a separate account shall be kept for the Corporation in respect of city patients and for the board of health in respect of county patients.

(3) The money required to meet the establishment expenses and the patients' expenses in respect of city patients and county patients shall be supplied by the Corporation and the board of health upon the prescribed demand of the hospital board, and the money so demanded shall be a debt due from the Corporation or the board of health.

(4) The demand under this section upon the Corporation and the board of health shall be a demand for the proportion respectively payable by the Corporation and the board of health under this Part of this Act of the money so required.

(5) All moneys received by the hospital board in respect of patients (other than city patients and county patients) shall be carried to the establishment expenses account.

(6) Any moneys required to meet any deficiency in the patients' expenses account shall be transferred to the patients' expenses account from the establishment expenses account.

(7) All grants made to the hospital board under section 25 of the Public Hospitals Act, 1933 (No. 18 of 1933), shall be carried to the establishment expenses account.

Contributions by the Corporation and the board of health.

31. —(1) The amount of any deficiency in the establishment expenses account shall from time to time be defrayed by the Corporation and the board of health by means of contributions proportional to the respective valuations under the Valuation Acts of the county borough and the county of Dublin.

(2) The Corporation shall contribute towards the patients' expenses the sums appearing in the books of the hospital board as chargeable in respect of city patients.

(3) The board of health shall contribute towards the patients' expenses the sums appearing in the books of the hospital board as chargeable in respect of county patients.

(4) The amount of any contribution payable by the Corporation under this section shall be paid out of the municipal fund, and the amount of any contribution payable by the board of health under this section shall be raised by means of the poor rate as a county at large charge.

Borrowing by the hospital board.

32. —(1) The hospital board may, with the sanction of the Minister, for the purpose of defraying any expenses incurred or to be incurred by it under this Act in the execution of any permanent works or any works the cost of which ought in the opinion of the Minister to be spread over a number of years or for the purpose of discharging any loans contracted by it under this sub-section for the payment of expenses incurred in the execution of any such works, borrow or re-borrow, and take up at interest any sums of money necessary for defraying such first-mentioned expenses or for discharging any such loans, and may borrow or re-borrow such sums on the security of the Dublin Fever Hospital Fund, and may, for the purpose of securing the repayment of the sums borrowed and interest thereon, mortgage that fund.

(2) Section 238 of the Public Health (Ireland) Act, 1878, as amended by any subsequent enactments, shall apply and have effect in relation to the exercise of the powers of borrowing conferred on the hospital board by the immediately preceding sub-section with and subject to the following modifications, that is to say:—

(a) references to the sanitary authority shall be construed as references to the hospital board,

(b) sub-sections (2) and (3) of the said section 238 shall not apply.

(3) The hospital board shall have the powers of borrowing conferred on a local authority by section 3 of the Local Authorities (Financial Provisions) Act, 1921, as amended by section 3 of the Local Government (Temporary Provisions) (Amendment) Act, 1924 (No. 13 of 1924.)

Accounts of the hospital board.

33. —(1) The hospital board shall cause to be kept in such form as the Minister may direct the accounts of the receipts and payments of the hospital board.

(2) The accounts of the hospital board shall be made up annually to the end of each local financial year.

(3) The accounts of the hospital board shall be audited by an auditor appointed by the Minister and the following enactments, that is to say, sections 12 to 15 of the Local Government (Ireland) Act, 1871, sub-section (2) of section 63 of the Local Government (Ireland) Act, 1898, and sections 20 and 21 of the Local Government (Ireland) Act, 1902, as amended or adapted by or under any subsequent enactment shall apply to the audit and auditor of the accounts of the hospital board in the same manner as such enactments as so amended or adapted apply to the audit and auditor of the accounts of the public bodies specified therein.

(4) The Minister shall from time to time as occasion requires ascertain and determine what proportion of the salary paid to the auditor appointed to audit the accounts of the hospital board shall be charged in respect of such audit, and the amount of such proportion of such salary shall be paid by the hospital board to the Minister.

Regulations.

34. —The Minister may by order make regulations for all or any of the following purposes:—

(a) for regulating the communication by the hospital board to the Corporation and the board of health of the respective amounts to be paid by the Corporation and the board of health in each local financial year or any part thereof,

(b) for regulating the estimates to be made by the hospital board of their receipts and expenditure in each local financial year,

(c) for regulating the method of calculating the amount of patients' expenses to be charged against the Corporation and the board of health,

(d) for regulating the manner in which the accounts and records of the hospital board are to be kept.

Acquisition and Disposal of Land by the Hospital Board.

Power to take lands.

35. —(1) The hospital board may, with the approval of the Minister, purchase or take on lease any land for the purposes of its powers and duties.

(2) For the purposes of the acquisition of land by the hospital board sections 203, 214 and 215 of the Public Health (Ireland) Act, 1878, as amended by section 8 of the Public Health (Ireland) Act, 1896, and section 68 of the Act of 1925 shall apply as if herein enacted and made applicable to the hospital board with the modification that the advertisements mentioned in sub-section (2) of section 203 of the Public Health (Ireland) Act, 1878, may be published in any month, and that the notices mentioned in the said sub-section shall be served in the succeeding month.

Sale of surplus land.

36. —(1) The hospital board may, with the consent of the Minister, sell or let any land which is vested in it and which is not required for the purposes of its powers and duties.

(2) Any moneys received by the hospital board on a sale or letting under this section shall be carried to the establishment expenses account.

Miscellaneous Provisions.

Contracts.

37. —(1) The hospital board may make all such contracts as may be necessary for the purposes of its functions under this Part of this Act.

(2) Section 201 of the Public Health (Ireland) Act, 1878, shall apply in respect of contracts made by the hospital board under this section in like manner as if the hospital board were a sanitary authority and such contracts were contracts made under the said Act.

Application of certain enactments to the hospital board.

38. —(1) The hospital board shall be deemed, for the purposes of the Local Authorities (Combined Purchasing) Act, 1925 (No. 20 of 1925) and the Local Authorities (Mutual Assurance) Acts, 1926 to 1935, to be a local authority.

(2) The hospital board shall be deemed to be a local authority within the meaning of section 60 of the Act of 1925, as amended by section 13 of the Act of 1927, and of sections 61 , 62 and 70 of the Act of 1925, and of section 72 of the Act of 1925, as amended by subsequent enactments and the said sections 60 (as so amended), 61 , 62 , 70 and 72 (as so amended) shall apply to the hospital board and its members and officers accordingly.

(3) The hospital board shall be deemed to be a local authority within the meaning of sections 4 and 5 of the Local Government Act, 1933 (No. 5 of 1933), and the said sections 4 and 5 shall apply to the hospital board and its officers accordingly.

Acceptance of endowments.

39. —The hospital board shall have power to accept any real or personal property as an endowment generally or upon trust for any purposes connected with any fever hospital or convalescent home for the time being controlled and managed by the hospital board.

General powers of the hospital board.

40. —(1) Subject to the provisions of this Act, the hospital board may, in relation to any fever hospital or convalescent home for the time being managed and controlled by it, do all such things as the governing body of a hospital are usually authorised to do in relation to any hospital controlled by such governing body.

(2) The hospital board may, without prejudice to the generality of any other powers conferred on it by this Act, do all or any of the following things, that is to say:—

(a) in any case where the relatives of any patient, dying in any institution (being a fever hospital or a convalescent home) for the time being managed and controlled by the hospital board, are not known, or by reason of their absence, or poverty or otherwise, are unable to provide for the burial of such deceased patient, defray all necessary and proper expenses incurred in the burial of such deceased patient;

(b) disinfect the clothing and effects of patients in any such institution, and, in respect of any damage caused thereby to such clothing or effects, pay or make compensation;

(c) where clothing is necessary for the proper treatment or protection of a patient in any such institution and such patient is unable by reason of poverty to provide such clothing, provide such clothing.