S.I. No. 58/1947 - Health (Transfer of Departmental Administration and Ministerial Functions) Order, 1947.

1. Any office the holder of which is required by virtue of his office to be—

(a) a registered medical practitioner ;

(b) a registered dentist ;

(c) a nurse, or

(d) a midwife.

2. The offices of—

(a) sanitary inspector,

(b) sanitary sub-officer,

(c) public or county analyst,

(d) veterinary inspector (other than a veterinary inspector for the purposes of the Diseases of Animals Acts, 1894 to 1945),

(e) dairy inspector,

(f) inspector or visitor under the Children Acts, 1908 to 1941, and

(g) supervisor of boarded-out children.

3. Any office or employment under a local authority which is a port sanitary authority, other than the office of clerk to such authority.

4. Any office or employment the duties of which relate solely to the functions vested in a mental hospital authority within the meaning of the

Mental Treatment Act, 1945

(No. 19 of 1945).

5. Any office or employment (other than the office of staff officer, clerk, clerk-typist, typist, or other office the duties of which are wholly of a clerical nature) the duties of which relate solely to the functions of a local authority in relation to any one or more of the following—

(a) a hospital, sanatorium, maternity home, convalescent home, preventorium, clinic, health centre, first-aid station, dispensary or other similar institution,

(b) a bacteriological, chemical or similar laboratory,

(c) a slaughterhouse or abattoir,

(d) a maternity and child welfare scheme or a scheme for the supply of free milk under the Notification of Births Acts, 1907 and 1915, and the Maternity and Child Welfare Act, 1918,

(e) a school medical service scheme under the Public Health (Medical Treatment of Children) (Ireland) Act, 1919,

(f) a tuberculosis scheme under the Tuberculosis Acts, 1908 to 1945, or

(g) a scheme for the treatment of persons suffering from venereal disease made pursuant to regulations under section 148 of the Public Health (Ireland) Act, 1878,

Article 9.

THIRD SCHEDULE.

ADAPTATIONS OF CERTAIN ENACTMENTS.

Ref. No.

Enactment

Adaptation

(1)

(2)

(3)

1

Sections 151 and 154 of the Public Health (Ireland) Act, 1878.

The reference to the transferor Minister shall be construed as a reference to the transferee Minister.

2

Section 208 of the Public Health (Ireland) Act, 1878.

The reference to inspectors of the transferor Minister shall be construed as including a reference to inspectors of the transferee Minister.

3

Section 212 of the Public Health (Ireland) Act, 1878.

The reference to the transferor Minister shall be construed as including a reference to the transferee Minister in relation to orders made by the transferee Minister relating to transferred functions.

4

Section 213 of the Public Health (Ireland) Act, 1878.

The reference to inspectors of the transferor Minister shall be construed as including a reference to inspectors of the transferee Minister for the purpose of any inquiry directed by the transferee Minister.

5

Section 265 of the Public Health (Ireland) Act, 1978.

The reference to the transferor Minister shall be construed as including a reference to the transferee Minister in relation to orders made by the transferee Minister under the Public Health (Ireland) Act, 1878.

6

Section 272 of the Public Health (Ireland) Act, 1878.

The reference to the transferor Minister shall be construed as including a reference to the transferee Minister.

7

Paragraphs (a) and (c) of subsection (2) of section 58 of the Local Government (Ireland) Act, 1898.

The reference to the transferor Minister shall be construed as a reference to the transferee Minister.

8

Paragraph (b) of subsection (2) of section 58 of the Local Government (Ireland) Act, 1898.

The reference to the transferor Minister shall be construed as including a reference to the transferee Minister.

9

Section 5 of the Local Government (Ireland) Act, 1902.

The reference to the sanction of the transferor Minister shall be construed as a reference to sanction by the transferee Minister.

10

Section 42

of the

Veterinary Surgeons Act, 1931

(No. 36 of 1931).

The reference to the transferor Minister shall be construed as a reference to the transferee Minister.

11

Paragraph (e) of subsection (2) of

section 3

of the

Local Authorities (Miscellaneous Provisions) Act, 1936

(No. 55 of 1936).

The reference to the transferor Minister shall be construed as including a reference to the transferee Minister.

THIRD SCHEDULE.—

continued.

Ref. No.

Enactment

Adaptation

(1)

(2)

(3)

12

Subsection (2) of

section 5

of the

Public Assistance Act, 1939

(No. 27 of 1939).

The reference to the transferor Minister shall be construed as including a reference to the transferee Minister.

13

Sections 66

,

68

,

69

and

70

of the

Public Assistance Act, 1939

.

The references to the transferor Minister shall be construed as references to the transferee Minister as respects a compulsory acquisition order made by a public assistance authority for the purpose of its powers and duties relating to the administration of public assistance (other than home assistance).

14

sections 77

and

91

of the

Public Assistance Act, 1939

.

The references to the transferor Minister shall be construed as including references to the transferee Minister.

15

Article 6 of the Irish Red cross Society Order, 1939 (

S. R. & O. No. 206 of 1939

).

The reference to the ransferor Minister shall be construed as a reference to the transferee Minister.

16

Subsection (6) of

section 83

of the

Local Government Act, 1941

(No. 23 of 1941).

The reference to an inspector or officer of the transferor Minister shall be construed as including a reference to an inspector or officer of the transferee Minister.

17

Subsection (2) of section 84 and

section 85

of the

Local Government Act 1941

.

The references to an inspector of the transferor Minister shall be construed as including references to an inspector of the transferee Minister.

18

Subsection (1) of section 85 and

section 86

of the

Local Government Act, 1941

.

The references to the transferor Minister shall be construed as including references to the transferee Minister.

19

Section 88

of the

Local Government Act, 1946

(No. 24 of 1946)

The reference to an inspector of the transferor Minister shall be construed as incluidng a reference to an inspector of the transferee Minister.

20

Section 92

of the

Local Government Act, 1946

.

The reference to the transferor Minister shall be construed as including a reference to the transferee Minister.

21

Section 6

of the

Air-raid Precautions (Amendment) Act, 1946

(No. 28 of 1946).

The reference to the transferor Minister shall be construed as a reference to the transferee Minister.

GIVEN under the Official Seal of the Government, this 11th day of March, 1947.

ÉAMON DE VALÉRA

Taoiseach.

6. The Marriage Law (Ireland) Amendment Act, 1863.

7. The Registration of Marriages (Ireland) Act, 1863.

8. The Matrimonial Causes and Marriage Law (Ireland) Amendment Acts, 1870 and 1871.

9. The Sale of Food and Drugs Acts, 1875 to 1936.

10. The Inebriates Acts, 1879 to 1899.

11. The Epidemic and Other Diseases Prevention Act, 1883.

12. The Cholera, etc. Protection (Ireland) Act, 1884.

13. The Vaccination Acts as defined in

section 87

of the

Local Government Act, 1941

(No. 23 of 1941).

14. The Infectious Disease (Notification) Act, 1889.

15. The Infectious Disease (Prevention) Act, 1890.

16. The Pauper Lunatic Asylums (Ireland) Superannuation Act, 1890, as amended by section 84 (3) of the Local Government (Ireland) Act, 1898.

17. The Foreign Marriage Act, 1892.

18. The Public Health Act, 1896.

19. The Cleansing of Persons Act, 1897.

20. The Marriage with Foreigners Act, 1906.

21. The Notification of Births Acts, 1907 and 1915.

22. The Children Acts, 1908 to 1941.

23. The Asylum Officers Superannuation Act, 1909.

24. The Rag Flock Act, 1911.

25. The Public Health (Prevention and Treatment of Disease) (Ireland) Act, 1917.

26. The Venereal Disease Act, 1917.

27. The Public Health (Medical Treatment of Children) (Ireland) Act, 1919.

28. The Anthrax Prevention Act, 1919.

29. The Rats and Mice (Destruction) Act, 1919.

30. The Nurses Registration (Ireland) Act, 1919.

31. The

Medical Practitioners Act, 1927

(No. 25 of 1927).

32. The

Dentists Act, 1928

(No. 25 of 1928).

33. The

Therapeutic Substances Act, 1932

(No. 25 of 1932).

34. The Public Hospitals Acts, 1933 to 1940.

35. The

Registration of Maternity Homes Act, 1934

(No. 14 of 1934).

36. The

Milk and Dairies Act, 1935

(No. 22 of 1935).

37. The

Slaughter of Animals Act, 1935

(No. 45 of 1935).

38. The National Maternity (Charter Amendment) Act, 1936 (No. 2 (Private) of 1936).

39. The

Marriages Act, 1936

(No. 47 of 1936).

40. The

Hospitals Act, 1939

(No. 4 of 1939).

41. The Emergency Powers (No. 46) Order, 1940 (S. R. & O. No. 316 of 1940).

42. The Emergency Powers (No. 95) Order, 1941 (S. R. & O. No. 312 of 1941).

43. The Emergency Powers (No. 145) Order, 1942 (S. R. & O. No. 57 of 1942).

44. The

Saint Laurence's Hospital Act, 1943

(No. 3 of 1943).

45. The

Midwives Act, 1944

(No. 10 of 1944).

46. The

Tuberculosis (Establishment of Sanatoria) Act, 1945

(No. 4 of 1945).

PART II.

ACTS, CERTAIN FUNCTIONS UNDER WHICH ARE TRANSFERRED FROM THE MINISTER FOR LOCAL GOVERNMENT TO THE MINISTER FOR HEALTH.

Ref. No.

Act.

Provisions (functions under which are transferred from the Minister for Local Government to the Minister for Health) of the Act mentioned in column (2) hereof.

(1)

(2)

(3)

1

The Public Health (Ireland) Act, 1878.

Sections 148, 149, 150, 152, 153, 155 and 191.

Section 209, in so far as it relates to inquiries relating to transferred functions.

Section 210, in so far as it relates to inquiries, proceedings or appeals relating to transferred functions.

Section 221, in so far as it relates to the confirmation of bye-laws made under—

(a) section 128 of the Towns Improvement Clauses Act, 1847,

(b) section 105 of the Public Health (Ireland) Act, 1878,

(c) the Public Health (Ireland) Act, 1911, or

(d)

section 4

of the

Slaughter of Animals Act, 1935

(No. 45 of 1935).

Section 258.

Section 265, in so far as it relates to the publication of orders by the transferor Minister relating to transferred functions.

2

The Public Health (Ireland) Amendment Act, 1879.

Section 7.

3

The Housing of the Working Classes Act, 1890.

Section 26.

4

The Public Health (Ireland) Act, 1896.

Sections 11 and 18.

5

The Tuberculosis Prevention (Ireland) Act, 1908.

All provisions conferring functions on the transferor Minister, except—

(a) section 6, in so far as it relates to the making of regulations as regards borrowing,

(b) section 8, and

(c) section 13, in so far as it relates to the making of orders, rules and regulations as regards the matters mentioned in paragraph (a) of the said section 13.

6

The National Insurance Act, 1911.

So much of sections 63 and 64 as confers or imposes functions on the transferor Minister as successor to the former Local Government Board for Ireland.

Section 77.

7

The Tuberculosis Prevention (Ireland) Act, 1913.

Section 5.

PART II.—

continued

Ref. No.

Act.

Provisions (functions under which are transferred from the Minister for Local Government to the Minister for Health) of the Act mentioned in column (2) hereof.

(1)

(2)

(3)

8

The

Local Government Act, 1925

(No. 5 of 1925).

Sections 18, 19 and 21.

9

The

Local Government Act, 1927

(No. 3 of 1927).

Section 3.

10

The

National Health Insurance Act, 1929

(No. 42 of 1929).

Section 24.

11

The

Cork Fever Hospital Act, 1935

(No. 44 of 1935).

The whole Act, except sections 38 and 39 and paragraphs (a) and (b) of section 47.

12

The

Dublin Fever Hospital Act, 1936

(No. 21 of 1936).

The whole Act, except sections 32, 33 and 34.

13

The

Public Assistance Act, 1939

(No. 27 of 1939).

Section 5, in so far as it relates to the administration of public assistance (other than home assistance).

Section 20, in so far as it relates to the making of an order determining the persons who shall be authorised persons for the purpose of the immediate giving of medical or general assistance (other than home assistance).

Subsection (1) of section 21.

Section 22.

Subsection (2) of section 25, in so far as the power conferred on the transferor Minister by paragraphs (a) and (b) of the said subsection are exercisable in relation to the granting of general assistance (other than home assistance).

Section 26, in so far as it relates to the making of regulations prescribing the method of determining the cost of public assistance (other than home assistance).

Sections 31, 32, 33, 34, 35, 36, 37, 38, 40, 41 (in so far as it relates to appointments of medical officers and other officers (not being superintendent assistance officers or assistance officers) ), 42, 43, 47, 48, 49, 50 and 52.

Sections 62 and 67, in so far as they confer powers on the transferor Minister as respects the acquisition of land by a public assistance authority for the purposes of its powers and duties relating to the administration of public assistance (other than home assistance).

PART II.—

continued

Ref. No.

Act.

Provisions (functions under which are transferred from the Minister for Local Government to the Minister for Health) of the Act mentioned in column (2) hereof.

(1)

(2)

(3)

Section 71, in so far as it confers powers on the transferor Minister to consent to the appropriation and use for other purposes of land vested in a public assistance authority for the purpose of any of its powers and duties relating to the administration of public assistance (other than home assistance).

Subsection (1) of section 72, in so far as it relates to the sale, exchange, letting or otherwise disposing of any land to which the said subsection applies which is vested in a public assistance authority for the purposes of its powers and duties relating to the administration of public assistance (other than home assistance).

Section 90, in so far as it relates to the making of—

(a) regulations for the guidance and control of public assistance authorities and their officers in the exercise and performance of their powers and duties (other than those relating to the administration of home assistance) under the said Act,

(b) regulations for securing the efficient execution and administration of the said Act (other than the provisions thereof relating to the administration of home assistance), and

(c) regulations for the purposes of section 52 of the said Act.

14

The

Mental Treatment Act, 1945

(No. 19 of 1945).

The whole Act, except Part VI.

Article 5.

SECOND SCHEDULE.

OFFICES AND EMPLOYMENTS UNDER LOCAL AUTHORITIES, THE FUNCTIONS OF THE MINISTER FOR LOCAL GOVERNMENT IN RESPECT OF WHICH UNDER CERTAIN ENACTMENTS ARE TRANSFERRED TO THE MINISTER FOR HEALTH.

STATUTORY RULES AND ORDERS. 1947. No. 58.

HEALTH (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1947.

ARRANGEMENT OF ARTICLES.

Article.