PART VIII.

Transitory Provisions.

69. —(1) All property, whether real or personal (including choses-in-action) which immediately before the establishment date was vested in or belonged to a dissolved body or was held in trust for such body and all rights, powers, and privileges relating to or connected with any such property shall, on the establishment date and without any conveyance or assignment, become and be vested in or the property of or held in trust for the Board for all the estate, term, or interest for which the same immediately before the establishment date was vested in or belonged to or was held in trust for such body.

(2) Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the establishment date was owing and unpaid or has been incurred and was undischarged by a dissolved body shall, on the establishment date, become and be the debt or liability of the Board and shall be paid or discharged by and may be recovered from or enforced against the Board.

(3) Every chose-in-action transferred by this section may be sued upon, recovered, or enforced by the Board in their own name, and it shall not be necessary for the Board to give notice to the person bound by such chose-in-action of the transfer effected by this section.

70. —Every bond, guarantee or other security of a continuing nature made or given by a dissolved body to any person, or by any person to a dissolved body, and in force immediately before the establishment date, and every contract or agreement in writing made between a dissolved body and another person and not fully executed and completed before that date shall, notwithstanding the dissolution of the dissolved body, continue in force on and after that date, but shall be construed and have effect as if the name of the Board were substituted therein for the name of the dissolved body, and such security, contract, or agreement shall be enforceable by or against the Board accordingly.

71. —Any proceedings instituted by or against a dissolved body which are pending immediately before the establishment date may be continued by or against and in the name of the Board and shall not abate by reason of the dissolution of a dissolved body and in partícular any proceedings for the removal of the name of any person from the register kept in pursuance of the Nurses Registration (Ireland) Act, 1919, or the roll of midwives kept in pursuance of the Act of 1944 which were pending immediately before the establishment date shall become and shall be continued as proceedings under this Act for the removal of the name of such person from the register of nurses.

72. —Every person who immediately before the establishment date was a paid officer of a dissolved body shall on the establishment date be transferred to and become an officer of the Board.

73. —Until such time as a pension scheme comes into force pursuant to section 40 of this Act, the provisions of subsection (4) of section 17 of the Act of 1944 shall apply to officers and servants of the Board who were, immediately prior to the establishment date, officers and servants of the Central Midwives Board and the said subsection (4) shall for that purpose and for no other purpose be deemed not to have been repealed by this Act.

74. —The Board shall, in accordance with rules, register in the register of nurses the persons who, immediately before the establishment date, were registered in the register kept in pursuance of the Nurses Registration (Ireland) Act, 1919, and if such registrations are not effected on the establishment date and until they are effected, those persons shall be deemed to be registered in the register of nurses.

75. —The Board shall, in accordance with rules, register in the register of nurses, the persons who, immediately before the establishment date, were registered in the roll of midwives maintained in pursuance of the Act of 1944 and if such registrations are not effected on the establishment date and until they are effected, those persons shall be deemed to be registered in the register of nurses.

76. —Where the Board become of opinion that a person whose name, immediately before the establishment date, stood removed from the register kept in pursuance of the Nurses Registration (Ireland) Act, 1919, or from the roll of midwives kept in pursuance of the Act of 1944, should be registered, the Board may register the person in the register of nurses and so much of this Act and the rules as relate to the restoration of a name to the register of nurses shall have effect in relation to such registration in the register of nurses.

77. —(1) Until rules are made in regard to any particular matter by the Board under this Act, the rules made or deemed to have been made by a dissolved body shall, as regards that matter and subject to any necessary modifications, have effect as if duly made by the Board under this Act.

(2) Until rules are made for the purposes of section 46 of this Act and for the purposes of sections 42 and 43 of this Act in so far as those sections relate to the midwives division—

(a) the grounds on which the removal of the name of a nurse from the midwives division may be recommended by the Committee shall be those set out at paragraphs (a), (b), (c), (d) and (e) of subsection (3) of section 25 of the Act of 1944 or any of them;

(b) the prescribed conditions for the purposes of section 42 of this Act shall be those set out at paragraphs (a), (b), (c), (d), and (e) of subsection (1) of section 24 of the Act of 1944;

(c) registration under section 43 of this Act shall be governed by the conditions set out at paragraphs (a), (b) and (c) of subsection (2) of section 24 of the Act of 1944;

(d) the provisions of subsection (3) of section 24 of the Act of 1944 shall apply to the registration of a person in the midwives division; and

(e) the said paragraphs of sections 24 and 25 of the Act of 1944 and the said subsection of section 24 of the Act of 1944 shall for the purpose of the foregoing provisions of this section and no other purpose be deemed not to have been repealed by this Act.

(3) Pending the making of rules for the purposes of section 43 of this Act, nothing shall be construed as prohibiting the registration in the register of nurses in accordance with arrangements operated by a dissolved body and in force immediately prior to the establishment date, of persons who have undergone training and passed examinations outside the State.

78. —(1) The Board shall in respect of each dissolved body prepare a statement of receipts and expenditure, including liabilities, for the accounting period (or part thereof) of such body ending immediately before the establishment date, and each such statement shall be certified as correct by a local government auditor to be appointed for that purpose by the Minister for Local Government.

(2) If the statement prepared by the Board under this section in respect of the Central Midwives Board shows a balance against that Board, section 22 of the Act of 1944 shall apply in relation to the balance in like manner as if it were such a balance as is mentioned in that section subject to the modification that references in that section to the Central Midwives Board shall be construed as references to the Board, and the said section 22 shall for that purpose and no other purpose be deemed not to have been repealed by this Act.

(3) The Minister for Local Government shall, after consultation with the Minister, determine the fee to be paid by the Board in relation to the certification in pursuance of this section by a local government auditor of the statements prepared under this section, and the fee so determined shall be paid by the Board to the Minister for Local Government and shall thereupon be paid into or disposed of by him for the benefit of the Exchequer in such manner as the Minister for Finance directs.

79. —A hospital or institution which was, immediately before the establishment date, approved as suitable for training purposes shall, subject to the provisions of this Act and rules, be deemed to be approved for the purposes of this Act.

80. —(1) The Minister may by order make such adaptations and modifications of any enactment or any instrument made under any enactment in force at the commencement of this Act and relating to any matter or thing dealt with or affected by this Act as appear to him to be necessary or expedient for carrying this Act into effect or for enabling this Act to have full force and effect.

(2) Subject and without prejudice to any adaptation or modification made by the Minister under subsection (1) of this section, the following provision shall have effect in relation to every enactment (whether relating or not relating to any matter or thing dealt with by this Act) which is in force at the commencement of this Act, that is to say, references therein to the roll of midwives shall be construed as references to the midwives division.

(3) Subsection (2) of this section shall come into force on the establishment date.

(4) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

81. —(1) A dissolved body shall, on and after the establishment date, continue to be liable under the Income Tax Acts to prepare and deliver any statement, return or particulars required for the purposes of those Acts for any year of assessment ending on or before the 5th day of April next following the establishment date.

(2) Assessments to income tax for any year of assessment ending on or before the 5th day of April next following the establishment date may be made on a dissolved body on or after the establishment date, and income tax in respect of any such assessment so made, which shall have become final and conclusive, shall, when it becomes due and payable, be deemed to have become due and payable before the establishment date.

(3) For the purposes of subsections (1) and (2) of this section, the officer performing the duties of a secretary of the Board shall be deemed to be secretary of a dissolved body or other officer performing the duties of secretary of that dissolved body.