Bermuda Hospitals Board Amendment Act 1997

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1997/Acts/Bermuda%20Hospitals%20Board%20Amendment%20Act%201997.pdf

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Bermuda Hospitals Board Amendment Act 1997
BERMUDA HOSPITALS BOARD AMENDMENT ACT 1997

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BERMUDA
1997 : 10

BERMUDA HOSPITALS BOARD AMENDMENT ACT 1997

[Date of Assent 27 March 1997]

[Operative Date 27 March 1997]

WHEREAS it is expedient to amend the Bermuda Hospitals
Board Act 1970:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Citation
1 This Act which amends the Bermuda Hospitals Board Act 1970
(hereinafter referred to as "the principal Act") may be cited as the
Bermuda Hospitals Board Amendment Act 1997.

Amends section 1 of principal Act
2 Section 1 of the principal Act is amended by deleting the full stop
at the end of the section and substituting a semi-colon, and by inserting
next after the definition of the expression "public officer" the following—

""the scheduled lands" means the lands described in Part I of the
Third Schedule.".

BERMUDA HOSPITALS BOARD AMENDMENT ACT 1997

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Amends section 6 of principal Act
3 Section 6 of the principal Act is amended by inserting next after
subsection (2) the following—

" (3) The Board may, subject to the provisions of this
Act—

(a) build, construct or erect, or cause to be built,
constructed or erected, any building; or

(b) carry out, or cause to be carried out, any works,

upon any land owned by, or under the control of, the Board
where such building or works are calculated to facilitate, or are
conducive or incidental to, the discharge of any function of the
Board.".

Amends section 14 of principal Act
4 Section 14 of the principal Act is amended by deleting the colon
after the word "assets" and substituting a full stop and by deleting the
proviso thereto.

Inserts new sections 14A and 14B in principal Act
5 The principal Act is amended by inserting next after section 14
the following new sections—

"Vesting of scheduled lands in Board
14A Notwithstanding section 8 of the Department of Works
and Engineering Act 1984, every interest in or right over the
scheduled lands which immediately prior to the coming into
operation of this Act was vested in, or enjoyed by, the
Government or any Government Agency is—

(a) by virtue of this section and without further
assurance; and

(b) subject to the conditions specified in Part II of the
Third Schedule,

on the coming into operation of this Act transferred to the Board
to be held and enjoyed by the Board to the extent and subject to
any condition to which they were held by the Government or, as
the case may be, the Government Agency.

Borrowing
14B (1) Subject to the provisions of this section, the Board
may borrow from the Government or from any other person any

BERMUDA HOSPITALS BOARD AMENDMENT ACT 1997

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money that it may require for the purpose of discharging any of
its functions under this Act or of meeting any obligations.

(2) The repayment of any money borrowed under
subsection (1) may be secured upon the property of the Board by
way of mortgage or by the issue of debentures or debenture
stock or otherwise.

(3) The Board shall not exercise any of its powers
under this section except with the prior written approval of the
Minister and the Minister of Finance and such approval may be
subject to such conditions, if any, as the Minister or the Minister
of Finance, as the case may be, considers necessary or
expedient.".

Amends section 23 of principal Act
6 Section 23 of the principal Act is amended—

(a) by deleting the heading thereto and substituting the
following—
"Restrictions on disposal of scheduled lands";

(b) by deleting subsection (1) and substituting the
following—

" (1) Except in the case of a mortgage under section
14B, the Board shall not make a disposition of any
scheduled land, whether by sale or otherwise, except in
accordance with this section.";

(c) by deleting subsection (2);

(d) in subsection (3), by deleting the words "Premises other
than those to which subsection (2) applies shall be
offered" and substituting the words "Where the Board
intends to dispose of any scheduled land, other than by
way of mortgage, the Board shall offer such land"; and

(e) in subsection (4), by inserting next after the words "the
Board may" the words ", with the prior approval of the
Senate and the House of Assembly,".

Inserts new Third Schedule in principal Act
7 The principal Act is amended by inserting next after the Second
Schedule the following—

BERMUDA HOSPITALS BOARD AMENDMENT ACT 1997

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"THIRD SCHEDULE (sections 1 and 14A)

PART I

ALL THOSE LANDS, being lands shown on the attached drawings
prepared by the Ministry of Works and Engineering, Parks and Housing
and respectively numbered—

3/12/195/2 land at St. Brendan's Hospital,
Devon Spring Road, Devonshire;

3/15/492/02 land at King Edward VII Memorial
Hospital, Paget.

BERMUDA HOSPITALS BOARD AMENDMENT ACT 1997

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BERMUDA HOSPITALS BOARD AMENDMENT ACT 1997

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BERMUDA HOSPITALS BOARD AMENDMENT ACT 1997

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PART II

Conditions subject to which Scheduled Lands Transferred

1 The Board shall lease to Government, for a nominal fee,
sufficient space in the Old Hospital Building at the King Edward
VII Memorial Hospital, together with the existing parking spaces,
to satisfy the accommodation needs of the Ministry of Education
& Human Affairs and the Ministry of Health & Social Services,
until such time as the staff of those Ministries are permanently
relocated.

2 The Board shall give the Government the first option to lease, for
a nominal fee, any surplus land at the St. Brendan's Hospital
site.

3 The Board shall voluntarily convey to Government any land up
to a maximum of 6 feet in width along Berry Hill Road and Point
Finger Road if at any time such land is required for highway
improvements.

4 Existing fire and pedestrian accesses between the Botanical
Gardens and King Edward Memorial Hospital are to be retained;

5 Government reserves the right to use, maintain, repair and
replace all pipes, wells, drains, cables and equipment on, in or
under the scheduled lands.".