S.I. No. 319/1998:

NATIONAL BREAST SCREENING BOARD (ESTABLISHMENT) ORDER, 1998

NATIONAL BREAST SCREENING BOARD (ESTABLISHMENT) ORDER, 1998

The Minister for Health and Children in exercise of the powers conferred on him by section 11 of the Health Act 1970 [no. 1 of 1970] as adapted by the Health [Alteration of Name of Draft 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 (Establishment) Order 1998.

2. In this Order -

" the Act" means the Health Act, 1970 ]No. 1 of 1970];

"the Board" means the National Breast Screening Board;

"the Minister" means the Minister for Health and Children;

"the health boards" means the eight health boards established by the Health Boards Regulations, 1970 ( S.I. No. 170 of 1970 );

"the Programme" means the National Breast Screening Programme;

"Phase I" means Phase I of the Programme

3. (1) The health boards shall jointly take measures for the reduction of the incidence of mortality due to breast cancer in women.

(2) For that purpose the health boards shall jointly cause to be prepared, instituted and carried out by the Board a scheme (which shall be known as the National Breast Screening Programme and is referred to in this Order as the Programme) for the early diagnosis and primary treatment of breast cancer in women.

(3) The Programme shall be carried out in phases:

(a) Phase I in respect of women aged not less than 50 years and not more than 64 years residing in the functional areas of the Eastern Health Board, the Midland Health Board and the North Eastern Health Board;

(b) such subsequent phases as may be determined by the Minister after consultation with the Board.

4. A Joint Board to be known as An Bord Cioch Scrudaithe Naisiunta or in the English language as the National Breast Screening Board is hereby established for the purposes of this Order.

5. (1) The Board shall, in accordance with the directions of the health boards, prepare, institute and carry out the Programme.

(2) The Board shall carry out the Programme in stages beginning with Phase I and shall commence to carry out Phase I as soon as may be.

(3) The Board shall commence to carry out the subsequent phases of the Programme at such times as the Minister may determine and specify to the Board.

(4) (a) In the performance of its functions, the Board shall have regard to the policies and objectives of the Minister in relation to the early diagnosis and primary treatment of breast cancer in women.

(b) The Board shall have all such powers as are necessary or expedient for the performance of its functions and, in particular but without prejudice to the generality of the foregoing, shall establish appropriate systems for the planning, administration and carrying out of Phase I and for obtaining such information as it may require in relation to the management and administration of the Board (including its financial arrangements).

(c) (i) The Board shall prepare and submit each year to the Minister a plan for the implementation of Phase I of the Programme. Such plans should include an estimate of expenditure proposed to be incurred by the Board.

(ii) The Board shall keep under review the Programme and its effectiveness and the plans aforesaid and the finances of the Board and may, if it considers it appropriate to do so, amend, with the consent of the Minister, the Programme and the annual plan.

(d) The Board shall, at such times as the Minister considers appropriate and specifies to the Board, prepare and submit to the Minister plans for the carrying out of the subsequent phases of the Programme.

(e) The Board shall carry out a plan, or a plan as amended under paragraph (c) of this Article, in accordance with its terms.

6. (1) The members of the Board shall be appointed by the Minister and shall consist of the chief executive officers of the health boards and not more than four other persons nominated by those officers who shall be drawn from the disciplines involved in the early diagnosis and primary treatment of breast cancer in women.

(2) The Minister may at any time terminate the appointment of a member of the Board other than such a member who is the chief executive officer of a health board.

7. (1) A person who ceases to be the chief executive officer of a health board shall thereupon cease to be a member of the Board.

(2) A member of the Board, other than a chief executive officer of a health board, shall hold office for such period as may be determined at the time of his or her appointment to be such a member.

(3) A casual vacancy occurring among the members of the Board shall be filled by the Minister and, if the casual vacancy is occasioned by a person who is not a chief executive officer of a health board, it shall be filled by a person drawn from the discipline referred to in Article 6(1) of this Order.

(4) A member of the Board may resign his or her membership by giving notice to the Board in writing signed by him or her but the resignation shall not become effective until the meeting of the Board held next after the receipt of the notice.

8. (1) A person shall not receive any remuneration for acting as a member of the Board.

(2) Members of the Board may be paid travelling and subsistence allowances in accordance with such scale as may from time to time be applicable to the chief executive officers of health boards.

9. The board shall from time to time elect one of its members to be chairman of the Board and another of its members to be vice--chairman of the Board.

10. (1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The procedure at the meetings of the Board shall be governed by rules 16 (i) and 18 to 32 of the Second Schedule to the Health Act, 1970 , with the modification that references to a health board shall be construed as references to the Board and with any other necessary modifications.

11. The quorum of the Board shall be five.

12. (1) The Board may appoint such and so many persons to be members of its staff as it may from time to time, think proper and in making such an appointment the Board shall comply with any directions given by the Minister relating to the procedures to be followed.

(2) A permanent member of the staff of the Board shall cease to be such member on attaining the age of sixty--five years.

(3) The Board shall, from time to time, assign such duties as it considers appropriate to the members of its staff and those members shall perform the duties assigned to them and shall be subject to the directions of the Board.

(4) Subject to paragraph (5) of this Article, the members of the staff of the Board shall occupy their positions upon and subject to such terms and conditions (including terms and conditions relating to remuneration and allowances) as may be determined by the Board after consultation with the Minister and with the consent of the Minister for Finance.

(5) Sections 19 , 20 , 22 , 23 , 24 and 33 of the Health Act, 1970 (No. 1 of 1970), and section 14 of the Health (Amendment) (No. 3) Act, 1996 (No. 32 of 1996), shall apply in relation to the Board with the modifications that the power to borrow money conferred by the said section 33 may not be exercised by the Board without the consent of the Minister, that references to a health board shall be construed as references to the Board and references to a chief executive officer of a health shall be construed as references to the Project Director and with any other necessary modifications.

13. (1) A member of the Board who has either a direct or indirect interest in any company or concern with which the Board proposes to enter into any contract, or in any other contract which the Board proposes to make,

(a) shall disclose or cause to be disclosed to the Board the fact and the nature of such interest at the meeting of the Board at which the question of entering into such a contract is first considered or, if he or she has no such interest at that time, as soon as may be after he or she has acquired such interest,

(b) shall take no part in the deliberations of the Board relating to such a contract save to such extent as the Chairperson of the Board may permit,

(c) shall not vote on a decision relating to such a contract, and

(d) shall not be counted in the quorum present at any meeting while such a contract (if made) or such a proposal is being considered.

(2) A disclosure under this article shall be recorded in the records of the Board.

(3) Where the Minister is satisfied that a member of the Board has failed to comply with a requirement of sub-article (1) of this article, the Minister may, if he or she thinks fit, remove that member from office and a person so removed shall thenceforth be disqualified from membership of the Board.

14. (1) There shall be a chief officer of the Board who shall be called the Project Director.

(2) The functions of the Project Director shall be to carry on, manage and control generally the administration of the Board and to perform such other functions as may be assigned to him or her by the Board.

(3) The Project Director shall report to and be accountable to the Board in relation to the functions set out at paragraph (2) above.

15. (1) The Board may appoint committees, whose members may include persons who are not members of the Board, to assist and advise the Board in relation to the carrying on of its day--to--day business and to furnish advice on particular aspects of its functions.

(2) Any committee so appointed shall comply with any directions given to it by the Board, and any expenditure by it shall be subject to the prior consent of the Board.

16. (1) The expenses of the Board shall be met by the Eastern, North--Eastern and Midland Health Boards in such proportions as the aforementioned health boards may agree upon from time to time; or, failing such agreement, in such proportions as may be determined by the Minister.

(2) If a health board specified in paragraph (1) of this article fails to comply with the said paragraph (1), the amount concerned shall be paid by the Minister to the Board and the Minister shall deduct that amount from any monies payable by him or her to that health board.

17. (1) The Board in performing its functions under Article 4 of this Order shall have regard to Sections 6,7,8,10,11 of the Health (Amendment) Act, 1996 .

(2) The Board shall submit estimates of income and expenditure to the Minister in such form, in respect of such periods, and at such times as may be required by the Minister and shall furnish to the Minister any information which the Minister may require in relation to such estimates.

(3) The Board shall cause to be kept in such form as may be approved from time to time by the Minister, proper accounts of all income and expenditure of the Board and of the sources of such income and of the subject matter of such expenditure and of the assets and liabilities of the Board.

(4) The financial year of the Board shall be the period of twelve months ending on the 31st December in any year and for the purposes of this provision the period commencing on the date of this Order and ending on the 31st December, 1998 shall be deemed to be a financial year.

(5) The Board and the officers thereof shall, whenever so requested by the Minister, permit any person appointed by him to examine the books and accounts of the Board in respect of any financial year or other period and shall facilitate any such examination, and the Board shall pay such fee therefor as may be fixed by the Minister.

(6) The accounts of the Board for each year shall be prepared in such form and manner as may be specified by the Minister. The accounts shall be submitted as soon as may be but not later than three months after the end of the financial year to which they relate by the Board to the Comptroller and Auditor General for audit. A copy of the accounts and the auditor's report thereon shall be presented to the members of the Board and to the Minister as soon as may be and the Minister shall cause a copy of the documents aforesaid to be laid before each house of the Oireachtas.

(7) The expenses generally of such audit shall be paid by the Board as may be after such audit.

(8) Submission and presentation of the annual financial statements and auditor's report(s) thereon shall be carried out in accordance with section 11 of the Comptroller and Auditor General (Amendment) Act, 1993 .

18. (1) The Board shall, in each year, not later than such day as the Minister shall direct, make a report to the Minister of its activities during the preceding year.

(2) The Board shall submit to the Minister such information regarding the performance of its functions as the Minister may, from time to time, require.

19. The Minister may, whenever and so often as he thinks fit, declare that any of the powers conferred on the Board by this Order shall be exercisable only with the consent of the Minister, and whenever such declaration is in force, the said powers may, in relation to any officer or employment to which the declaration applies, be exercised only with such consent.

20. Sections 18, 20, 21 22, 23, 24 and 33 of the Health Act, 1970 shall apply to the Board and in those provisions any reference to a health board shall be construed as a reference to the Board. Any reference to Chief Executive Officer shall be construed as a reference to the Project Director.

GIVEN under my Official Seal, this the 3rd day of September, 1998.

Brian Cowen

Minister for Health and Children