STATUTORY INSTRUMENT

S.I. NO. 171 OF 2000

NATIONAL REHABILITATION BOARD (DISSOLUTION AND REVOCATION) ORDER, 2000

DUBLIN

PUBLISHED BY THE STATIONERY OFFICE

S.I. NO. 171 OF 2000

NATIONAL REHABILITATION BOARD (DISSOLUTION AND REVOCATION) ORDER, 2000

The Minister for Health and Children in exercise of the powers conferred on him 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 ( S.I. No. 308 of 1997 )) hereby orders as follows:-

1. This Order may be cited as the National Rehabilitation Board (Dissolution and Revocation) Order, 2000.

2. In this Order -

“the appointed day” means the day on which this Order comes into operation

“the Board” means the National Rehabilitation Board as established by the National Rehabilitation Board (Establishment) Order, 1967 ( S.I. No. 300 of 1967 )

“function of the Board” means a function as set out in the National Rehabilitation Board (Establishment) Order, 1967 ( S.I. No. 300 of 1967 )

“the Minister” means the Minister for Health and Children.

“public body” means one of the following:

- Comhairle as established by Section 3 of the Comhairle Act, 2000 ( No. 1 of 2000 ) and the Comhairle Act (Establishment Day) Order, 2000 ( S.I. No. 167 of 2000 )

- Eastern Regional Health Authority (ERHA) as established by Section 3 of the Health (Eastern Regional Health Authority) Act, 1999 ( No. 13 of 1999 ) and the Health (Eastern Regional Health Authority) Act, 1999 (Establishment Day) Order, 2000 ( S.I. No. 68 of 2000 )

- Foras Áiseanna Saothair (FÁS) as established by Section 2 of the Labour Services Act, 1987 ( No. 15 of 1987 ) and the Labour Services Act, 1987 (Establishment Day) Order, 1987 ( S.I. No. 248 of 1987 )

- National Disability Authority (NDA) as established by Section 3 of the National Disability Authority Act, 1999 ( No. 14 of 1999 ) and the National Disability Authority Act, 1999 (Establishment Day) Order, 2000 ( S.I. No. 162 of 2000 ).

3. This Order shall come into operation on the 12th day of June, 2000.

4. On the coming into operation of this Order-

(1)   The Board shall be dissolved and any right, privilege, benefit or other entitlement not specifically transferred or distributed by this Order shall be transferred to or vested in the ERHA.

(2)   (a) The personal property of the Board, which, immediately before the appointed day, was vested in or belonged to or was held in trust for the Board and all rights, powers and privileges relating to or connected with any such property shall transfer to the ERHA as determined by the Minister, for all the estate, term or interest for which, immediately before the appointed day, it was so vested in the Board, on a date to be determined by the Minister.

(b) (i) Every chose-in-action vested in the Board before the appointed day and related to or connected with a function or service which was exercised, supervised, arranged or operated by the Board and which function or service or similar function or service is, on the appointed day, exercised, supervised, arranged or operated by the ERHA shall be transferred to the ERHA together with all rights, powers and / or privileges relating to or connected with such chose-in-action.

(b) (ii) After the appointed day, every chose-in-action transferred by (b)(i) above from the Board to the ERHA may be sued upon, recovered or enforced by that public body and it shall not be necessary for the ERHA to give notice to the person bound by such chose-in-action of the transfer affected by this paragraph.

(3)   Every bond, guarantee or other security of a continuing character made or given by the Board to another person or by another person to the Board and in force before the appointed day and related to or connected with a function or service which was exercised, supervised, arranged or operated by the Board and which function or service or similar function or service is, on the appointed day, exercised, supervised, arranged or operated by the ERHA shall continue in force after the appointed day and shall be construed and have effect as if the name of the ERHA were substituted therein for the name of the Board and such bond, guarantee or other security shall be enforceable by or against the ERHA accordingly.

(4)   Every contract or agreement in writing made between the Board and another person and not fully executed or completed before the appointed day and related to or connected with a function or service which was executed, supervised, arranged or operated by the Board and which function or service or similar function or service is, on the appointed day, exercised, supervised, arranged or operated by the ERHA shall continue in force after the appointed day and shall be construed and have effect as if the name of the ERHA were substituted therein for the name of the Board and such contract or agreement shall be enforceable by or against the ERHA accordingly.

(5)   In any action, suit, prosecution or other proceedings related to or connected with a function or service which was exercised, supervised, arranged or operated by the Board and which function or service or similar function or service, is on the appointed day, exercised, supervised, arranged or operated by the ERHA, and which stood pending immediately before the appointed day in any court or tribunal and to which the Board was a party, the ERHA shall on the appointed day become and be a party in the place of the Board and such proceedings shall be continued between the ERHA and the other parties thereto accordingly, and no such proceeding shall abate or be discontinued, or prejudicially affected by reason of the dissolution of the Board.

(6)   (a) All books and other documents directed or authorised by or under any statute or statutory instrument to be kept by the Board and which, immediately before the appointed day, would be receivable in evidence shall notwithstanding the dissolution of the Board be admitted in evidence after the appointed day as fully as if the Board had not been dissolved.

(b) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any statute or statutory instrument to be kept by the Board would, if verified in a particular manner by a particular officer of the Board, have been admissible immediately before the appointed day, as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if certified in such particular manner by the appropriate relevant public body, be admitted, after the appointed day, as evidence of such contents to the same extent as such first mentioned extract or certificate would have been so admitted if the Board had not been dissolved.

(7)   Every person serving as an officer or servant of the Board immediately before the appointed day, shall be transferred to a similar office under the relevant public body in accordance with part I of the Schedule.

(8)   The National Rehabilitation Board (Establishment) Order, 1967, ( S.I. No. 300 of 1967 ) is hereby revoked.

SCHEDULE

PART I

EXPLANATORY NOTE

This Order dissolves the National Rehabilitation Board and transfers staff of the Board to the National Disability Authority (under Department of Justice, Equality and Law Reform), FÁS (under Department of Enterprise, Trade and Employment), Comhairle (under Department of Social, Community and Family Affairs) and the Eastern Regional Health Authority.

It also transfers certain properties, rights, and liabilities of the National Rehabilitation Board to the Eastern Regional Health Authority.

It is necessary to refer to Section 38 of the National Disability Authority Act 1999 to correctly interpret this Order.

This order should be read in conjunction with the National Rehabilitation Board (Transfer of Property, Rights and Liabilities) Order, 2000 ( S.I. No. 170 of 2000 ).