Health Act, 1970

Grants and local contributions to health boards.

32.—(1) The Minister shall, out of moneys provided by the Oireachtas, make grants to health boards.

(2) Grants to a health board under subsection (1) shall consist of—

(a) grants to defray one-half of that part of the expenditure of the board (other than capital expenditure and expenditure on loan charges), as authorised under this Act, which is not met by receipts other than grants and contributions under this section.

(b) supplementary grants, as determined by the Minister after consultation with the Minister for Local Government and with the consent of the Minister for Finance, towards the reduction of the amount of expenditure to be met by contributions under subsection (3).

(3) The expenditure of a health board established by this Act which is not met by grants under subsection (2) and other receipts shall be contributed by the local authorities required under this Act to appoint members to the board in such proportions as those authorities may agree upon with the consent of the Minister or, failing such agreement being made within a period of six months (or such longer period as may be approved of by the Minister) after the day of the establishment of the health board, in such proportions as may be determined by a person appointed for that purpose by the Minister.

(4) An agreement or determination under subsection (3) shall have effect as from the establishment of the health board to which it relates.

(5) (a) An agreement under subsection (3) may be varied—

(i) by agreement between the local authorities concerned made with the consent of the Minister, or

(ii) by a person whom the Minister, acting at the request of one of the local authorities concerned, appoints to review the agreement.

(b) A determination under subsection (3) may be varied—

(i) by agreement between the local authorities concerned made with the consent of the Minister, or

(ii) by a person whom the Minister, acting either at the request of one of the local authorities concerned or on his own initiative, appoints to review the determination.

(6) A person appointed by the Minister to make or vary a determination under this section shall have regard to such matters as may be specified by the Minister after consultation with the Minister for Local Government.

(7) The making of an agreement under subsection (3) or a request under subsection (5) by a local authority shall be a reserved function for the purpose of the County Management Acts, 1940 to 1955, or the Acts relating to the management of county boroughs, as may be appropriate.

(8) (a) Pending the making of an agreement or determination under subsection (3), the expenditure of a health board which is not met by grants under subsection (2), and other receipts shall be met, in such proportions as may be specified by the Minister, by the local authorities required under this Act to appoint members to the board.

(b) The specification of proportions under paragraph (a) shall be subject to the relevant agreement or determination pursuant to subsection (3) when that agreement or determination has been made, and appropriate adjustments shall be made accordingly.

(9) A contribution under this section by the council of the county of Dublin to a health board shall be charged on the County Health District of Dublin.

(10) (a) Where a sum is due and payable under this section to a health board by a local authority, the amount of the sum may be deducted from any money payable to that local authority by any Minister for any purpose whatsoever.

(b) Every amount deducted under this subsection shall be paid to the health board concerned and credited in the accounts thereof as a payment by the local authority of the money for which the amount was so deducted.