PART VII.

Officers of Health Authorities.

68. —In this Part of this Act—the expression “the Act of 1926” means the Local Authorities (Officers and Employees) Act, 1926; the expression “the Act of 1941” means the Local Government Act, 1941 (No. 23 of 1941).

69. —(1) In every county there shall be a county medical officer to advise the health authority generally in relation to the health of the people and to perform such other duties as may be assigned to him in relation to the functions of the health authority or the functions of any sanitary authority in the county.

(2) The office of the county medical officer for a county shall be an office under the council of the county and the salary and expenses of the office shall be paid by the said council, but the provisions of paragraph (b) of subsection (1) of section 10, and of section 20 of the Act of 1941 relating to the duties of officers and of subsection (2) of the said section 10 relating to appeals by officers shall apply in relation to the said office as if it were also an office under the sanitary authority of every sanitary district in the county.

(3) The county medical officer for a county shall be the chief medical officer for the county for the purposes of this Act.

(4) The county medical officer for a county shall be known as the ______________ County Medical Officer (with the name of the county prefixed).

(5) The following provisions shall apply in relation to a person who, immediately before the commencement of this section, held, in a permanent capacity, the office of county medical officer of health under section 21 (repealed by this Act) of the Local Government Act, 1925 (No. 5 of 1925)—

(a) such person shall, upon the commencement of this section, become and be the county medical officer under this section for the county in which he performed his duties as such county medical officer of health;

(b) the first-mentioned office shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished.

(6) A reference in any enactment in force at the commencement of this section to the office of county medical officer of health or the holder thereof shall be construed as a reference to the office established by this section or the holder thereof (as the case may be).

(7) Where, immediately before the commencement of this section, the Local Appointments Commissioners were engaged in the selection of a person or persons to be recommended for appointment to an office of county medical officer of health, such selection shall be completed in such manner as the said Commissioners think proper, and the person or one of the persons so selected and recommended by the said Commissioners for appointment shall be appointed by the council of the county to be county medical officer as if the said selection and recommendation were made on a request, made by the council of the county after the commencement of this section under section 6 of the Act of 1926.

70. —(1) The council of a county may, with the consent of the Minister, and shall, if the Minister by order so directs, appoint one or more than one assistant county medical officer to assist the county medical officer in the performance of his duties.

(2) The office of assistant county medical officer for a county shall be an office under the council of the county and the salary and expenses of the office shall be paid by the said council but the provisions of paragraph (b) of subsection (1) of section 10 and of section 20 of the Act of 1941 relating to the duties of officers and of subsection (2) of the said section 10 relating to appeals by officers shall apply in relation to the said office as if it were also an office under the sanitary authority of every sanitary district in the county.

(3) Where the making of any order, the giving of any approval or sanction or the doing of any other act by the county medical officer for a county is required for the purposes of any enactment (including this Act) and has been assigned to an assistant county medical officer for the county, such order, approval, sanction or act when made, given or done by the assistant county medical officer shall be as valid for all purposes as if it had been made, given or done by the county medical officer.

(4) The following provisions shall apply in relation to a person who, immediately before the commencement of this section, held, in a permanent capacity, an office in a county under the title of assistant county medical officer or assistant county medical officer of health—

(a) such person shall, upon the commencement of this section, become and be an assistant county medical officer for such county under an order deemed to have been made under this section,

(b) the first-mentioned office shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished.

(5) Where, immediately before the commencement of this section, the Local Appointments Commissioners were engaged in the selection of a person or persons to be recommended for appointment to an office in a county under the title of assistant county medical officer or assistant county medical officer of health, such selection shall be completed in such manner as the said Commissioners shall think proper, and the person or one of the persons so selected and recommended by the said Commissioners for appointment shall be appointed by the council of such county to be an assistant county medical officer for such county as if the said selection and recommendation were made on a request by such council after the commencement of this section under section 6 of the Act of 1926.

71. —(1) In every county borough there shall be a city medical officer to advise the health authority generally in relation to the health of the people and to perform such other duties as may be assigned to him in relation to the functions of the corporation of the county borough.

(2) The office of the city medical officer for a county borough shall be an office under the corporation of the county borough.

(3) The city medical officer for a county borough shall be the chief medical officer for the county borough for the purposes of this Act.

(4) The city medical officer for a county borough shall be known as the ________________ City Medical Officer (with the name of the county borough prefixed).

(5) The following provisions shall apply in relation to a person who, immediately before the commencement of this section, held, in a permanent capacity, the office of medical superintendent officer of health for a county borough under section 11 (repealed by this Act) of the Public Health (Ireland) Act, 1878—

(a) such person shall, upon the commencement of this section, become and be the city medical officer for such county borough under this section,

(b) the first-mentioned office shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished.

(6) A reference in any enactment in force at the commencement of this section to the office of medical superintendent officer of, health for a county borough or the holder thereof shall be construed as a reference to the office of city medical officer established by this section or the holder thereof (as the case may be).

(7) Where, immediately before the commencement of this section, the Local Appointments Commissioners were engaged in the selection of a person or persons to be recommended for appointment to an office of medical superintendent officer of health for a county borough, such selection shall be completed in such manner as the said Commissioners shall think proper, and the person or one of the persons so selected and recommended by the said Commissioners for appointment shall be appointed by the corporation of such county borough to be city medical officer for such county borough as if the said selection and recommendation were made on a request made by such corporation after the commencement of this section under section 6 of the Act of 1926.

72. —(1) The corporation of a county borough may, with the consent of the Minister, and shall, if the Minister by order so directs, appoint one or more than one assistant city medical officer to assist the city medical officer in the performance of his duties.

(2) The office of assistant city medical officer for a county borough shall be an office under the corporation of the county borough.

(3) Where the making of any order, the giving of any approval or sanction or the doing of any other act by the city medical officer for a county borough is required for the purposes of any enactment (including this Act) and has been assigned to an assistant city medical officer for the county borough, such order, approval, sanction or act when made, given or done by the assistant city medical officer shall be as valid for all purposes as if it had been made, given or done by the city medical officer.

(4) The following provisions shall apply in relation to a person who, immediately before the commencement of this section, held, in a permanent capacity, an office in a county borough under the title of assistant medical officer of health—

(a) such person shall, upon the commencement of this section, become and be an assistant city medical officer for such county borough under an order deemed to have been made under this section,

(b) the first-mentioned office shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished.

(5) Where, immediately before the commencement of this section, the Local Appointments Commissioners were engaged in the selection of a person or persons to be recommended for appointment to an office of assistant medical officer of health in a county borough such selection shall be completed in such manner as the said Commissioners shall think proper, and the person or one of the persons so selected and recommended by the said Commissioners for appointment shall be appointed by the corporation of such county borough to be an assistant city medical officer for such county borough as if the said selection and recommendation were made on a request made by such corporation after the commencement of this section under section 6 of the Act of 1926.

73. —(1) A medical officer of a dispensary district under the Public Assistance Act, 1939 (No. 27 of 1939), shall be the medical officer of health for the district consisting of such dispensary district or the portion thereof of which he is in charge.

(2) The office of a district medical officer shall be an office under the health authority for his district, but—

(a) where the district of a district medical officer consists of a part in a county and a part in a county borough, such district medical officer shall, as respects the part in the county, be an officer of the council of the county and, as respects the part in the county borough, be an officer of the corporation of the county borough,

(b) where the whole or any part of the district of a district medical officer is situated in an urban district, the office of such officer shall, as respects assignment of duties relating to the functions of the urban sanitary authority for such urban district, be deemed for the purposes of sections 10 and 20 of the Act of 1941 to be an office under the urban sanitary authority for the urban district.

(3) The remuneration of a district medical officer shall be paid—

(a) where there is one health authority only for his district, by that authority, and

(b) where there are two health authorities for his district, by those authorities, in such proportions as the Minister directs.

(4) The expenses of a district medical officer shall be paid—

(a) where there is one health authority only for his district, by that authority, and

(b) where there are two health authorities for his district, by the health authority for the portion of his district, in respect of which the expenses were incurred.

(5) Where, immediately before the commencement of this section, the Local Appointments Commissioners were engaged in the selection of a person or persons to be recommended for appointment to the office of medical officer of a dispensary district, such selection shall be completed in such manner as the said Commissioners shall think proper, and the person or one of the persons so selected and recommended by the Commissioners shall be appointed as medical officer of the said dispensary district and the provisions of subsections (1), (2), (3) and (4) of this section shall apply in relation to such medical officer as if he had been so appointed before the commencement of this section.

(6) A reference in any enactment in force at the commencement of this section to the office of medical officer of health of a dispensary district or the holder thereof shall be construed as a reference to the office established by this section or the holder thereof (as the case may be).

74. —(1) A health authority may with the consent of the Minister and shall, if the Minister by order so directs, appoint a bacteriologist to perform such duties as may be assigned to him in relation to the functions of such health authority and the functions of any sanitary authority in the functional area of such health authority.

(2) The office of bacteriologist shall be an office under the health authority and the remuneration and expenses of the office shall be paid by the said authority but the provisions of paragraph (b) of subsection (1) of section 10 and of section 20 of the Act of 1941 relating to the duties of officers and of subsection (2) of the said section 10 relating to appeals by officers shall apply in relation to the said office as if it were also an office under the sanitary authority of every sanitary district in the functional area of the health authority.

(3) The following provisions shall apply in relation to a person who, immediately before the commencement of this section, held, in a permanent capacity, an office of bacteriologist under a sanitary authority—

(a) such person shall, upon the commencement of this section, become and be a bacteriologist for the health authority in whose functional area the sanitary authority is situated under an order deemed to have been made under this section,

(b) the first-mentioned office shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished.

75. —(1) A health authority may, with the consent of the Minister and shall if the Minister by order so directs, appoint one or more than one health inspector to perform such duties as may be assigned to him in relation to the functions of such health authority and the functions of any sanitary authority in the functional area of such health authority.

(2) The office of health inspector shall be an office under the health authority and the remuneration and expenses of the office shall be paid by the said authority but the provisions of paragraph (b) of subsection (1) of section 10, and of section 20 of the Act of 1941 relating to the duties of officers and of subsection (2) of the said section 10 relating to appeals by officers shall apply in relation to the said office as if it were also an office under the sanitary authority of every sanitary district in the functional area of such health authority.

(3) The following provisions shall apply in relation to a person who, immediately before the commencement of this section, held, in a permanent capacity, an office under the title of sanitary inspector under a sanitary authority—

(a) such person shall, upon the commencement of this section, become and be a health inspector for the health authority in whose functional area the district of the sanitary authority is situated under an order deemed to have been made under this section,

(b) the first-mentioned office shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished.

(4) Where, immediately before the commencement of this section, the Local Appointments Commissioners were engaged in the selection of a person or persons to be recommended for appointment to an office of sanitary inspector under a sanitary authority, such selection shall be completed in such manner as the said Commissioners think proper, and the person or one of the persons so selected and recommended by the said Commissioners for appointment shall be appointed by the health authority in whose functional area the district of such sanitary authority is situated to be a health inspector of such health authority as if the said selection and recommendation were made on a request made by such health authority after the commencement of this section under section 6 of the Act of 1926.

76. —(1) Where an enactment repealed by this Act (in this section called “the repealed enactment”) conferred powers and duties on a sanitary authority and corresponding powers and duties are conferred by this Act on a health authority, the following provisions shall have effect:—

(a) every person who, immediately before the repeal of the repealed enactment, is the holder in a permanent capacity of an office under a sanitary authority the duties of which relate solely to the powers and duties conferred on such sanitary authority by such repealed enactment, shall become and be the holder of the same office under the health authority in whose functional area the district of such sanitary authority is situated,

(b) the said office under a sanitary authority shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished,

(c) if any question arises as to whether the duties of a particular office under a sanitary authority relate solely to powers and duties conferred on such sanitary authority by the repealed enactment, such question shall be referred to the Minister whose decision shall be final.

(2) The following provisions shall apply in relation to every person who, immediately before the commencement of this section, held, in a permanent capacity, an office under the title of sanitary sub-officer under a sanitary authority:—

(a) such person shall become and be the holder of an office under the same title under the health authority whose functional area includes the functional area of the sanitary authority,

(b) the said office under the sanitary authority shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished,

(c) the holder of the office of sanitary sub-officer under a health authority shall (in addition to performing duties in relation to the functions of the health authority) perform such duties as may be assigned to him in relation to the functions of any sanitary authority in the functional area of such health authority and for that purpose the provisions of paragraph (b) of subsection (1) of section 10, and of section 20 of the Act of 1941 relating to the duties of officers and of subsection (2) of the said section 10 relating to appeals by officers shall apply in relation to the said office as if it were also an office under the sanitary authority of every sanitary district in the functional area of such health authority.