Number 12 of 1940.
COUNTY MANAGEMENT ACT, 1940.
ARRANGEMENT OF SECTIONS
Grouping of Certain Counties.
Matters in respect of which the Powers, Functions, and Duties are Reserved Functions.
Provisions Consequential on the Dissolution of Boards of Health.
Acts Referred to | |
No. 39 of 1926 | |
No. 27 of 1930 | |
No. 5 of 1925 | |
No. 39 of 1927 | |
No. 29 of 1930 | |
No. 8 of 1931 | |
No. 27 of 1939 | |
No. 22 of 1934 | |
No. 55 of 1936 | |
No. 50 of 1931 | |
Number 12 of 1940.
COUNTY MANAGEMENT ACT, 1940.
Definitions.
1.—(1) In this Act—
the expression “the Minister” means the Minister for Local Government and Public Health;
the word “borough” does not include a county borough;
the word “rate” does not include a rate payable by consumers for a supply of water or a private improvement rate levied by a sanitary authority under section 229 of the Public Health (Ireland) Act, 1878, or under section 4 of the Public Health (Ireland) Act, 1896;
the word “superannuation” includes compensation for loss of office or employment;
the expression “the Corporation of Dublin” means the Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin.
(2) Each of the following bodies shall be a joint body within the meaning and for the purposes of this Act, and the expression “joint body” shall in this Act be construed and have effect accordingly, that is to say:—
(a) a board of public assistance,
(b) a joint committee of management of a district mental hospital,
(c) the Dublin Board of Assistance,
(d) a port sanitary authority,
(e) any joint board or committee established by or under a statute to execute functions belonging to two or more of the following bodies, that is to say, councils of counties, corporations of county boroughs, corporations of boroughs, and urban district councils.
(3) Each of the following bodies shall be an elective body within the meaning and for the purposes of this Act, and the expression “elective body” shall in this Act be construed and have effect accordingly, that is to say, the corporation of a borough, an urban district council, the commissioners of a town, the Rathdown Board of Assistance, the Balrothery Board of Assistance, and a board, committee, or other body which is a joint body within the meaning and for the purposes of this Act.
Commencement.
2.—This Act shall come into operation on such day as the Minister shall by order fix for that purpose.
The office of county manager.
3.—(1) There shall be in every county a county manager for such county who shall be called and known as the_____________County Manager (with the name of the county prefixed).
(2) The several counties (in this Act referred to as grouped counties) mentioned in the First Schedule to this Act shall, for the purposes of this Act, be grouped in the manner set forth in that Schedule and, in the case of each such group, one and the same person shall be the county manager for each of the counties included in such group.
(3) The office of the Dublin City Manager and the office of Dublin County Manager shall always be held by one and the same person.
(4) The county manager for a county shall be an officer of the council of that county.
Appointment of county managers.
4.—(1) The office of county manager shall be an office to which the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), applies, save that section 5 of the said Act shall not apply to the said office and that sections 6, 8, and 9 of the said Act shall apply to the said office subject to the subsequent provisions of this section.
(2) Whenever an appointment is required to be made to the office of county manager for a county or to the offices of county manager for each of two grouped counties, the Minister shall request the Local Appointments Commissioners to recommend to him a person for appointment to such office or offices and those Commissioners shall select (otherwise than by competitive examination) and recommend to the Minister under the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), one and only one person for such appointment, and thereupon the person so selected and recommended shall become and be appointed by virtue of such recommendation to such office or each of such offices as on and from such day as the Minister shall by order appoint in that behalf.
(3) In relation to the appointment of the first county manager for a county or for each of two grouped counties, the following provisions shall, in so far as they are applicable, apply and have effect in regard to the selection by the Local Appointments Commissioners of a person to be recommended by them for such appointment, that is to say:—
(a) in the case of the first county manager for a single county, if the county secretary of such county is a candidate and suitable, the said Commissioners shall recommend such county secretary, and, in the case of the first county manager for each of two grouped counties, if the county secretaries for each of those counties are both of them candidates and suitable, the said Commissioners shall recommend whichever of those county secretaries they consider to be the more suitable, but if one and only one of such county secretaries is a candidate and suitable, the said Commissioners shall recommend that one county secretary;
(b) if no person is recommended in pursuance of the foregoing paragraph of this sub-section and the secretary of a board of health for a county health district in the county or either of the grouped counties (as the case may be) is a candidate and suitable, the said Commissioners shall, if only one such secretary is a candidate and suitable, recommend that one such secretary or, if two or more such secretaries are candidates and suitable, recommend whichever of those secretaries they consider to be the most suitable;
(c) if no person is recommended in pursuance of either of the foregoing paragraphs of this sub-section and a county secretary (other than the county secretary for the county, or either of the grouped counties, in respect of which the recommendation is being made) is a candidate and suitable, the said Commissioners shall, if only one such county secretary is a candidate and suitable, recommend that one such county secretary or, if two or more such county secretaries are candidates and suitable, recommend whichever of those county secretaries they consider to be the most suitable;
(d) if no person is recommended in pursuance of any of the foregoing paragraphs of this sub-section and the secretary of a board of health (other than the secretary of a board of health for a county health district in the county or either of the counties in respect of which the recommendation is being made) is a candidate and suitable, the said Commissioners shall, if only one such secretary is a candidate and suitable, recommend that one such secretary or, if two or more such secretaries are candidates and suitable, recommend whichever of those secretaries they consider to be the most suitable.
In this sub-section, the word “suitable” means possessing the requisite qualifications for appointment to the relevant office and being, in the opinion of the Local Appointments Commissioners, suitable in all other respects for such appointment;
the expression “county secretary” does not include a temporary county secretary;
the expression “secretary of a board of health” does not include a temporary secretary of a board of health.
(4) Where a person has presented himself to the Local Appointments Commissioners as a candidate for selection for recommendation for appointment to be the first county manager for a county or each of two grouped counties and has been charged under section 10 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), and has paid a fee on so presenting himself, such person shall not be charged any fee under the said section on presenting himself to the said Commissioners as a can didate for selection for recommendation for appointment to be the first county manager for any other county or two grouped counties.
(5) Before or as soon as may be after the commencement of this Act, the Minister shall, in respect of every county appoint a person to be the county manager for such county or, in the case of grouped counties, for each of such grouped counties from such commencement until a person has been appointed under the foregoing provisions of this section to be the first county manager for such county or each of such grouped counties, as the case may be.
(6) Whenever the office of a county manager for a county (including the county of Dublin) or for each of two grouped counties is vacant after the first appointment to such office under this section, the Minister shall appoint a person to be county manager for such county or each of such grouped counties (as the case may be) until an appointment to such office is made under the foregoing pro visions of this section or, in the case of the county of Dublin, under the next following sub-section of this section.
(7) Save as is otherwise expressly hereinbefore stated, the foregoing provisions of this section shall not apply or have effect in relation to the county of Dublin and, in lieu thereof it is hereby enacted that—
(a) unless at the commencement of this Act the office of Dublin City Manager is vacant or is held only by a temporary appointee, the person who at such commencement holds that office shall by virtue of this sub-section be and is hereby appointed to the office of Dublin County Manager, and
(b) every person who is duly appointed (whether permanently or temporarily) to the office of Dublin City Manager after the commencement of this Act shall forthwith be appointed (permanently or temporarily, as the case may require) by the Minister to the office of Dublin County Manager.
Tenure of office of county manager.
5.—(1) Every person appointed to be the county manager for a county shall hold office until he dies, resigns, or is removed from office.
(2) Every county manager for a county (other than the county of Dublin) shall be paid by the council of that county such remuneration as the Minister shall from time to time direct, and the moneys required for the payment of such remuneration shall be raised by such council as a county-at-large charge.
(3) Where the county manager for a county (other than the county of Dublin) or the city manager of a county borough (other than the county borough of Dublin) is also the manager for a joint body, such joint body shall pay annually to the council of such county or the corporation of such county borough (as the case may be) such sum in respect of expenses incurred by such council in respect of such county manager or by such corporation in respect of such city manager as the Minister shall direct.
(4) The payments to be made by a joint body to the council of a county or the corporation of a county borough in pursuance of the next preceding sub-section of this section shall be raised and defrayed by such joint body in the like manner as the salaries of the officers of such joint body are raised and defrayed.
Suspension and removal of county manager.
6.—(1) The county manager for a county shall not be removed by the council of that county without the sanction of the Minister.
(2) The county manager for a county shall not be suspended or removed by the council of that county save by a resolution passed by such council for the purpose of such suspension or such removal and for the passing of which not less than two-thirds of the members of such council voted and of the intention to propose which not less than seven days' notice was given to every person who was a member of such council when such notice was given.
Managers for elective bodies.
7.—The county manager for a county shall, by virtue of his office, be the manager for every elective body of which the functional area is wholly within such county.
Managers for joint bodies,
8.—(1) Where the functional area of a joint body extends into two or more counties, the county manager for that one of those counties which the Minister shall by order appoint shall be also the manager for such joint body.
(2) The next preceding sub-section of this section shall apply and have effect where the functional area of a joint body extends into a county borough and a county or into a county borough and two or more counties, and for the purposes of such application such county borough shall be deemed to be a county and the city manager of such county borough shall be deemed to be a county manager.
(3) The Minister may, whenever he so thinks proper, revoke an appointment made by him under this section (including an appointment made under this sub-section) and make a new appointment in lieu of the appointment so revoked.
Power of Minister to provide for assistant county managers.
9.—(1) There shall be two assistant county managers for the county of Dublin.
(2) There shall be two assistant county managers for the county of Cork.
(3) There shall be an assistant county manager for the county of Tipperary, North Riding, and an assistant county manager for the county of Tipperary, South Riding, but one and the same person shall be the assistant county manager for each of those counties.
(4) The Minister may by order, whenever he so thinks proper, do all or any of the following things, that is to say:—
(a) direct in respect of a particular county (other than a county mentioned in any of the preceding sub-sections of this section) that there shall be, for such county, an assistant county manager, or a specified number of assistant county managers, in addition to the county manager;
(b) in the case of grouped counties (other than the counties of Tipperary, North Riding, and Tipperary, South Riding), give such direction as is mentioned in the next preceding paragraph of this sub-section either, as he shall think proper, in respect of one only of such counties or in respect of both such counties and in the latter case, if he so thinks proper, direct that the same person or persons shall be the assistant county manager or assistant county managers for each of such counties;
(c) increase the number of assistant county managers for a county mentioned in any of the preceding sub-sections of this section and, in the case of the counties of Tipperary, North Riding, and Tipperary, South Riding, make such increase either, as he thinks proper, in respect of one only of those counties or in respect of both of those counties and, in the latter case, either with or without the requirement that the same person or persons shall be the additional assistant county manager or assistant county managers for each of those counties.
(5) The Minister may by order, whenever he so thinks proper, amend any order made by him under the next preceding sub-section of this section or any order (made by him under this sub-section) amending any such order, and, in particular, may by any such amending order increase or reduce the number of assistant county managers in any particular county, but not so as to reduce the number of assistant county managers for any of the counties of Dublin, Cork, Tipperary, North Riding, or Tipperary, South Riding, below the number fixed by this section.
(6) The Minister may by order, whenever he so thinks proper, revoke any order made by him under this section.
(7) Whenever and so long as there is in force an order made by the Minister under this section directing that there shall be an assistant county manager or a number of assistant county managers for a particular county, there shall be, for such county, an assistant county manager or a number of assistant county managers, as may be directed by such order or an order amending such order.
(8) Whenever and so long as there is in force an order made by the Minister under this section increasing the number of assistant county managers for any of the counties of Dublin, Cork, Tipperary, North Riding, or Tipperary, South Riding, the number of assistant county managers for such county shall be increased in accordance with such order or an order amending such order.
(9) The assistant county manager or each of the assistant county managers (as the case may be) for a county shall be called and known as Assistant County Manager (with the name of the said county prefixed).
(10) Before making an order under this section in respect of a county, the Minister shall consult with the council of such county.
Dublin Assistant City Managers.
10.—(1) There shall be two assistant city managers for the county borough of Dublin each of whom shall be called and known as Dublin Assistant City Manager.
(2) Every office of Dublin Assistant County Manager shall always be held by the same person as holds the corresponding office of Dublin Assistant City Manager.
(3) The following provisions shall have effect in relation to the number of Dublin Assistant City Managers, that is to say:—
(a) the Minister may by order, whenever he so thinks fit, increase the number of Dublin Assistant City Managers;
(b) the Minister may by order, whenever he so thinks proper, amend any order made by him under the foregoing paragraph of this sub-section or under this paragraph;
(c) the Minister may by order, whenever he so thinks proper, revoke any order made by him under this section;
(d) whenever and so long as there is in force an order made by the Minister under this section increasing the number of Dublin Assistant City Managers, the number of Dublin Assistant City Managers shall be increased in accordance with such order or an order amending such order;
(e) it shall be obligatory on the Minister so to exercise the powers conferred on him by this section and the powers conferred on him by this Act in relation to the number of assistant county managers for the county of Dublin as to secure that the number of Dublin Assistant City Managers shall always be the same as the number of Dublin Assistant County Managers.
(4) If, immediately before the commencement of this Act, Timothy O'Mahony holds the office of Dun Laoghaire Borough Manager and Town Clerk, he shall, by virtue of this sub-section, be and he is hereby appointed to be a Dublin Assistant City Manager.
(5) In relation to the first appointment to one, but only one, of the offices of Dublin Assistant City Manager (not being the office mentioned in the next preceding sub-section of this section, if the appointment mentioned in that sub-section takes effect) the following provisions, in so far as they are applicable, shall apply and have effect in regard to the selection by the Local Appointments Commissioners of a person to be recommended by them for such appointment, that is to say:—
(a) if the county secretary of the county of Dublin is a candidate and suitable, the said Commissioners shall recommend such county secretary;
(b) in this sub-section the word “suitable” means possessing the requisite qualifications for the office of Dublin Assistant City Manager and being, in the opinion of the Local Appointments Commissioners, suitable in all other respects for such appointment, and the expression “county secretary” does not include a temporary county secretary.
(6) Subject to the foregoing provisions of this section, the office of Dublin Assistant City Manager shall be an office to which the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), applies.
The offices of assistant county manager and of Dublin Assistant City Manager.
11.—(1) Every assistant county manager for a county shall be an officer of the council of that county and each of the Dublin Assistant City Managers shall be an officer of the Corporation of Dublin.
(2) Every office of assistant county manager shall be an office to which the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), applies.
(3) Every assistant county manager for a county (other than the county of Dublin) shall be paid by the council of that county such remuneration as the Minister shall from time to time direct, and the moneys required for the payment of such remuneration shall be raised by the said council as a county-at-large charge.
(4) Before or as soon as may be after the commencement of this Act, the Minister may appoint a person to hold any office of assistant county manager created by this Act or either office of Dublin Assistant City Manager (not being an office to which an appointment is made by this Act) until a person has been appointed to that office in accordance with the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926).
First appointments of certain assistant managers.
12.—(1) This section applies to the following offices and to no other offices, that is to say:—
(a) the two offices of Dublin Assistant County Manager created by this Act, and
(b) the two offices of assistant county manager for the county of Cork created by this Act, and
(c) the office of assistant county manager for the county of Tipperary, North Riding, created by this Act, and
(d) the office of assistant county manager for the county of Tipperary, South Riding, created by this Act, and
(e) the two offices of Dublin Assistant City Manager created by this Act.
(2) In this section the expression “first appointment” means the first permanent appointment and shall not be construed as referring to a temporary appointment made by the Minister pending such permanent appointment.
(3) Notwithstanding anything contained in any other section of this Act, the following provisions shall apply and have effect in relation to the first appointment to any office to which this section applies, that is to say:—
(a) section 5 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), shall not apply or have effect in relation to the first appointment to such office and sections 6, 8 and 9 of that Act shall have effect in relation to such first appointment subject to the provisions of the next following paragraph of this sub-section;
(b) the Minister shall request the Local Appointments Commissioners to recommend to him a person for the first appointment to such office and those commissioners shall select (otherwise than by competitive examination) and recommend to the Minister under the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), one and only one person for such first appointment, and thereupon the person so selected and recommended shall become and be appointed by virtue of such recommendation as on and from such day as the Minister shall by order appoint in that behalf;
(c) in carrying out the duties imposed on them by the next preceding paragraph of this sub-section, the Local Appointments Commissioners shall have regard to the provisions (where relevant) of this Act giving priority of recommendation to a particular person or requiring two particular offices to be held by one and the same person;
(d) nothing in this section shall prejudice or affect the appointment by this Act of a named person to an office to which this section applies if, in the events which happen, such appointment becomes effective.
Delegation by county manager to assistant county manager.
13.—(1) The county manager for a county for which there is or are an assistant county manager or two or more assistant county managers may delegate to such assistant county manager or to any of such assistant county managers such of his powers, functions and duties (whether as county manager for such county or as manager for an elective body) as he shall think proper.
(2) A county manager may revoke a delegation made by him under the foregoing sub-section of this section.
(3) The provisions of this Act in relation to the doing by a county manager of acts and things for the council of his county which, if done by such council, would be required by law (other than this Act) to be done by resolution of such council shall apply and have effect in relation to the making or revoking of a delegation under the foregoing provisions of this section.
(4) Whenever and so long as any power, function or duty it delegated under this section by a county manager to an assistant county manager, the following provisions shall apply and have effect, that is to say:—
(a) such power, function or duty shall be exercised or performed by such assistant county manager in lieu of such county manager;
(b) such power, function or duty shall be exercised or performed by such assistant county manager under the general direction and control of such county manager;
(c) every provision of this Act or of any order or regulation made under this Act which confers powers or functions or imposes duties on a county manager or on the manager for an elective body or regulates the manner in which any power, function or duty of a county manager or the manager for an elective body is to be exercised or performed shall, if and in so far as it is applicable to the power, function or duty so delegated, apply and have effect in relation to that power, function or duty with the substitution of such assistant county manager for the county manager or the manager for such elective body, as the case may be.
(5) The foregoing sub-sections of this section shall apply and have effect in relation to the county borough of Dublin as if the county borough of Dublin were a county and the Dublin City Manager and the Dublin Assistant City Managers were respectively county manager and assistant county managers for that county and as if a reference to section 60 of the Local Government (Dublin) Act, 1930 (No. 27 of 1930), were substituted for the reference to the provisions of this Act in relation to the doing by a county manager of acts and things for the council of his county.
Payments by Dublin County Council to Dublin Corporation.
14.—(1) As soon as conveniently may be after the commencement of this Act the remuneration payable to the Dublin City Manager by the Corporation of Dublin shall be reconsidered and shall be fixed, as from such commencement, with due regard to the fact that the holder of the office of Dublin City Manager also holds the office of Dublin County Manager.
(2) The remuneration of the Dublin Assistant City Managers shall be fixed with due regard to the fact that each holder of the office of Dublin Assistant City Manager also holds the office of Dublin Assistant County Manager.
(3) As soon as may be after the close of every local financial year ending after the commencement of this Act, the council of the county of Dublin shall pay to the Corporation of Dublin such portion of the cost of management (as defined in the next following sub-section of this section) in that local financial year as bears to the full amount of such cost of management the same proportion as the aggregate of the amounts of the valuations of rateable property in the county of Dublin in force under the Valuation Acts in the said local financial year bears to the total of the aggregates of the amounts of the valuations of rateable property in the county borough of Dublin and in the county of Dublin respectively in force as aforesaid.
(4) For the purposes of this section, the expression “cost of management” means, in relation to any local financial year, the sum arrived at by ascertaining the total of all remuneration (including travelling and other personal expenses, if any) paid by the Corporation of Dublin in respect of that year or, in the case of the local financial year in which this Act commences, in respect of the portion of that year subsequent to the commencement of this Act to the Dublin City Manager and the Dublin Assistant City Managers respectively and deducting from that total all sums payable in pursuance of this section to the Corporation of Dublin in respect of the said local financial year by any joint body.
(5) The council of the county of Dublin shall pay to the Corporation of Dublin such proportion of all superannuation granted after the commencement of this Act to a Dublin City Manager or a Dublin Assistant City Manager as shall be agreed upon between such council and such Corporation or, in default of such agreement, as shall be determined by the Minister.
(6) In the fixing, whether by agreement or by the Minister, of the proportion of any superannuation to be paid under the next preceding sub-section of this section by the council of the county of Dublin to the Corporation of Dublin, regard shall be had to the total amounts of the valuations in force under the Valuation Acts of rateable property in the county borough of Dublin and in the county of Dublin respectively and to the period during which the officer receiving such superannuation performed duties in respect of the county of Dublin.
(7) Where the Dublin City Manager is also manager for a joint body the functional area of which is partly within and partly outside the area consisting of the county borough of Dublin and the county of Dublin such joint body shall pay annually to the Corporation of Dublin such sum as the Minister shall determine.
(8) Where the Dublin County Manager is also manager for a joint body the functional area of which is partly within and partly outside the area consisting of the county borough of Dublin and the county of Dublin, such joint body shall pay annually to the Corporation of Dublin such sum as the Minister shall determine.
(9) The moneys required for making the payments which the council of the county of Dublin is required by this section to make to the Corporation of Dublin shall be raised by the said council as a county-at-large charge and shall be in addition to and not in substitution for any payments which the said council may be required under section 47 of the Local Government Act, 1925 (No. 5 of 1925), to make to the Corporation of Dublin.
(10) The payments to be made by a joint body to the Corporation of Dublin in pursuance of this section shall be raised and defrayed in the like manner as the salaries of the officers of such joint body are raised and defrayed.
Deputy county managers.
15.—(1) If and whenever the county manager is on vacation or is, through illness, absence from his county, or suspension from performance of his duties, temporarily incapable of executing the functions of his office, a deputy county manager may be appointed under this section for the duration of such vacation or incapacity, but may be removed under this section at any time during such vacation or incapacity.
(2) Where a county manager is on vacation and also where a county manager is so incapable as aforesaid and such incapacity is due to absence from his county, the power of appointing a deputy county manager may be exercised by such county manager, after consultation with the chairman of the county council, before and in contemplation of such vacation or such incapacity (as the case may be), but in every other case, that is to say, where a county manager is so incapable as aforesaid owing to illness or suspension and also where a county manager is on vacation or is so incapable as aforesaid owing to absence from his county and a deputy county manager is not appointed under this section before such vacation or incapacity or, having been so appointed, is removed under this section or dies or resigns during such vacation or incapacity, the power of appointing a deputy county manager under this section shall be exercisable at any time during such vacation or incapacity only by the chairman of the county council or, in the case of grouped counties, by the chairman of the council of such one of those counties as the Minister shall direct.
(3) In every case the power of removing a deputy county manager under this section shall be exercisable only by the Minister or by the chairman of the county council with the consent of the Minister.
(4) A deputy county manager shall, during the continuance of the vacation or incapacity on account of which he is appointed or until he is sooner removed under this section or dies or resigns, have all the powers and shall execute and perform all the functions and duties of a county manager, and for that purpose all references in this Act to a county manager (other than the references to a county manager in this section and the references in this Act to the appointment, tenure of office, and removal of a county manager) shall be construed as including a deputy county manager.
(5) Whenever a deputy county manager is appointed under this section for each of two grouped counties, one and the same person shall be appointed to be the deputy county manager for each of those counties, and whenever a deputy city manager is appointed for the county borough of Dublin and a deputy county manager is appointed under this section for the county of Dublin, one and the the same person shall be appointed to be such deputy city manager and to be such deputy county manager.
(6) Every deputy county manager for a county shall be paid by the council of such county such remuneration (if any) as such council shall, with the approval of the Minister, determine.
Reserved functions.
16.—(1) Neither the council of a county nor any elective body shall directly exercise or perform any power, (other than a power which is vested by law (including this Act) in such council or body and is by this Act expressly made exercisable by resolution of such council or body), function, or duty of such council or body in relation to the officers or servants of such council or body, or the control, supervision, service, remuneration, privileges, or superannuation of such officers or servants or any of them.
(2) Subject to the provisions of the next preceding sub-section of this section, every council of a county and every elective body shall directly exercise and perform the powers, functions, and duties (if any) of such council or body in relation to each of the several matters mentioned in the Second Schedule to this Act.
(3) Save as is otherwise provided by this section, the Minister, whenever he so thinks proper, may by order direct that the powers, functions, and duties of every or of any particular council of a county or of every elective body of a specified class or of any particular elective body in relation to any matter specified in such order (not being a matter mentioned in the Second Schedule to this Act) shall be exercised and performed directly by such council or such body, as the case may be.
(4) The Minister, whenever he so thinks proper, may revoke or amend any order made by him under the next preceding sub-section of this section or any order (made under this sub-section) amending any such order.
(5) Whenever and so long as an order made by the Minister under this section is in force, the powers, functions, and duties specified in such order shall be exercised directly by the council or councils or the elective body or bodies in respect of which such order is made.
(6) No order made by the Minister under this section shall extend or apply to any power, function, or duty to which the first sub-section of this section applies.
(7) Every appointment by the council of a county of a rate collector for a rate collection district lawfully established in such county shall be made by such council directly by resolution, but no such appointment shall have effect unless or until approved of by the Minister.
(8) Every power, function, or duty of the council of a county or of an elective body which is required by this section to be exercised directly by such council or body shall, for the purposes of this Act, be a reserved function of such council or body, and the expression “reserved function” shall in this Act be construed and have effect accordingly.
Executive functions.
17.—(1) Every power, function, or duty of the council of a county or of an elective body which is not a reserved function shall, for the purposes of this Act, be an executive function of such council or body, and the expression “executive function” shall in this Act (including this section) be construed and have effect accordingly.
(2) Every county manager shall exercise and perform for the council of his county all the executive functions of such council and, in particular all powers, (other than a power which is vested by law (including this Act) in such council and is by this Act expressly made exercisable by resolution of such council), functions, and duties of such council in relation to the officers and servants of such council and the control, supervision, service, remuneration, privileges, and superannuation, of such officers and servants.
(3) Every county manager shall exercise, for the several elective bodies for which he is the manager, the executive functions of such elective bodies respectively and, in particular, all powers, functions, and duties of any such elective body in relation to the officers and servants of such body and the control, supervision, service, remuneration, privileges, and superannuation of such officers and servants.
(4) All such matters and things, including the making of contracts and the affixing of the official seal, as are necessary for or incidental to the exercise or performance of the executive functions of the council of a county or of an elective body shall, subject to the provisions of this Act, be done (as the case may be) by the county manager for such county or the manager for such elective body.
(5) A county manager shall not affix the official seal of the council of a county or of an elective body to any document save in the presence of the chairman of such council or body or, in the presence of a member or any of a number of members of such council or body nominated in that behalf by such council or body.
Committees of county councils and elective bodies.
18.—(1) Save as is otherwise provided by the next following sub-section of this section, any power vested, by virtue of an enactment in force at the passing of this Act, in the council of a county or in an elective body to appoint at their discretion a committee for a purpose connected with their powers, functions, or duties may, after the commencement of this Act, be exercised by such council or elective body (as the case may be) by resolution.
(2) Any power vested, by virtue of an enactment in force at the passing of this Act, in the council of a county or in an elective body to delegate to a committee appointed by such council or elective body any power, function, or duty which is an executive function of such council or elective body (as the case may be) shall, after the commencement of this Act, be exercisable only by the county manager for the county of such council or by the manager for such elective body (as the case may be) but subject in every case to the consent of the Minister.
Acting of county manager by signed order.
19.—(1) Every act or thing done or decision taken by a county manager for the council of his county or an elective body which, if done or taken by such council or elective body would be required by law (other than this Act) to be done or taken by resolution of such council or elective body, shall be done or taken by such county manager by an order in writing signed by him and containing a statement of the time at which it was so signed.
(2) Where by or under any Act public notice is required to be given by the council of a county or by an elective body of the passing of the resolution by which any particular act or thing is done or any particular decision is taken by such council or elective body or before the holding of the meeting of any such council or elective body at which is passed the resolution by which any particular act or thing is done or any particular decision is taken by such council or elective body, the like public notice shall be given by the county manager before he makes the order by which he does such particular act or thing or takes such particular decision.
(3) Every order made by a county manager under this section shall for all purposes be deemed to be made at the time at which it is signed by such county manager, and every such order shall, until the contrary is proved, be deemed to have been so signed at the time stated in that behalf in such order.
(4) Any member of the council of a county or of an elective body shall be entitled on demand to be furnished by the county manager for such county or by the manager for such elective body (as the case may be) with a copy of any particular order (specified by such member) made by such county manager or manager under this section.
(5) Every county manager shall keep, in respect of the council of his county, a register in which shall be entered a copy of every order made by him under this section for such council, and such county manager shall, at every meeting of such council, produce for the inspection of the members of such council so much of such register as contains any such orders so made since the next previous meeting of such council.
(6) Every county manager shall keep, in respect of each elective body for which he is the manager, a register in which shall be entered a copy of every order made by him under this section for such elective body, and such county manager shall, at every meeting of any such elective body, produce for the inspection of the members of that elective body so much of the register so kept in respect of the said elective body as contains any orders so made for the said elective body since the next previous meeting thereof.
(7) Every document purporting to be an order made and signed by a county manager shall, without proof of the signature of the person purporting to sign such document or that such person was such county manager, be received in evidence and shall, until the contrary is proved, be deemed to be an order duly made and signed by such county manager under this section and to have been so signed at the time stated in that behalf therein.
(8) Every document purporting to be certified in writing by a county manager to be a true copy of an order made by such county manager under this section shall, without proof of the signature of the person purporting so to certify or that such person was such county manager, be received in evidence and shall, until the contrary is proved, be deemed to be evidence of the contents of the order of which it purports to be a copy and of the fact that such order was duly made and signed by such county manager under this section at the time stated in that behalf therein.
Control, etc., of officers and servants of a county council or an elective body.
20.—(1) The officers and servants of the council of a county or of an elective body shall perform their duties as such officers and servants in accordance with such directions as the county manager for such county or the manager for such elective body (as the case may be) may from time to time give either generally or in regard to the performance of any particular duty or any particular class or classes of duties or in regard to the performance of any such duty by any particular officer or servant, and such county manager shall have and exercise control and full supervision of and over such officers and servants and any and every act or thing done or to be done by them in their capacity as officers and servants of such council or body, as the case may be.
(2) Subject to any orders or regulations made by the Minister under any Act and for the time being in force in relation to the service, remuneration, privileges, or superannuation (as the case may be) of the officers and servants of a local authority, the county manager for a county or the manager for an elective body shall consider and decide all such questions as may from time to time arise in relation to the service, remuneration, privileges and superannuation of the officers and servants of the council of such county or of such elective body, as the case may be.
Authorisation of payments.
21.—(1) The county manager for a county may, by order signed by him and countersigned by the nominated officer or, where there is more than one such officer, the appropriate nominated officer for such county, authorise the making of any payment out of the funds of the council of such county in respect of any expense or on account of any liability incurred by such council or by such county manager for such council in the exercise or performance by such council or such county manager (as the case may be) of any of the powers, functions, or duties of such council which are exercisable or performable by them or him (as the case may be) under this Act.
(2) The manager for an elective body may, by order signed by him and countersigned by the nominated officer for such elective body, authorise the making of any payment out of the funds of such body in respect of any expense or on account of any liability incurred by such body or by such manager for such body in the exercise or performance by such body or such manager (as the case may be) of any of the powers, functions, or duties of such body which are exercisable or performable by them or him (as the case may be) under this Act.
(3) The Minister shall by order nominate (either generally in respect of all councils of counties or particularly in respect of each such council) an officer of every council of a county to be the nominated officer for such county within the meaning of sub-section (1) of this section, and may, in respect of any such county, nominate different officers to be the nominated officer for such county for different purposes.
(4) The Minister shall by order nominate (either generally in respect of all elective bodies or all elective bodies of a particular class or particularly in respect of one or more specified elective bodies) an officer of every elective body to be the nominated officer for such elective body within the meaning of sub-section (2) of this section.
(5) The Minister may by order, whenever he so thinks proper, revoke a nomination made by him under either of the two next preceding sub-sections of this section or under this sub-section and make a new nomination in lieu of the nomination so revoked.
(6) Sub-article (3) of Article 18 of the Schedule to the Local Government (Application of Enactments) Order, 1898, is hereby repealed.
Estimate of expenses of a county council.
22.—(1) Every county manager shall, for each local financial year, cause to be prepared during the prescribed period and in the prescribed form an estimate (in this Act referred to as an estimate of expenses) showing the amounts which, in his opinion, will be necessary to meet the expenses and provide for the liabilities and requirements of the council of his county during the local financial year then ensuing.
(2) Every estimate of expenses prepared in pursuance of this section shall be considered by the council of the county to which such estimate relates at a meeting (in this Act referred to as an estimates meeting) of such council at which the county manager for such county shall be present and which shall be held at the prescribed time (whether prescribed generally for all councils of counties or for the said council in particular and whether so prescribed generally for all years or in particular for the relevant year only) and of which not less than seven days' notice shall have been given to every person who is a member of the said council when such notice is given.
(3) Not less than seven days before the day on which an estimates meeting of the council of a county is to be held, the county manager for such county shall—
(a) deposit in the offices of such council a copy of the estimate of expenses which is to be considered by such council at such estimates meeting, and
(b) send a copy of the said estimate of expenses to every person who is, on the day before the commencement of the said seven days, a member of such council, and
(c) give public notice in the prescribed manner of the fact that such estimate of expenses had been made and that a copy thereof had been deposited as aforesaid.
(4) Every copy of an estimate of expenses which is deposited in pursuance of this section in the offices of the council of a county may be inspected free of charge by any member of the public at any time at which such offices are open for the transaction of official business, and the county manager shall supply to every person making application to him therefor a copy of such estimate of expenses at the price of one shilling per copy.
Estimate of expenses of an elective body.
23.—(1) Every manager for an elective body shall, for each local financial year, cause to be prepared during the prescribed period and in the prescribed form an estimate (in this Act referred to as an estimate of expenses) showing the amounts which, in his opinion, will be necessary to meet the expenses and provide for the liabilities and requirements of such elective body during the local financial year then next ensuing.
(2) Every estimate of expenses prepared in pursuance of this section shall be considered by the elective body to which it relates at a meeting (in this Act referred to as an estimates meeting) of such elective body at which the manager for such elective body shall be present and which shall be held at the prescribed time (whether prescribed generally for all elective bodies or for the class of elective bodies to which the said elective body belongs or for the said elective body in particular and whether so prescribed generally for all years or in particular for the relevant year only) and of which not less than seven days' notice shall have been given to every person who is a member of the said elective body when such notice is given.
(3) Not less than seven days before the day on which an estimates meeting of an elective body is to be held, the manager for such elective body shall—
(a) deposit in the office of such elective body a copy of the estimate of expenses which is to be considered by such elective body at such estimates meeting, and
(b) send a copy of the said estimate of expenses to every person who is, on the day before the commencement of the said seven days, a member of such elective body, and
(c) give public notice in the prescribed manner of the fact that such estimate of expenses had been made and that a copy thereof had been deposited as aforesaid.
(4) Every copy of an estimate of expenses which is deposited in pursuance of this section in the offices of an elective body may be inspected free of charge by any member of the public at any time at which such offices are open for the transaction of official business, and the manager for such elective body shall supply to every person making application therefor a copy of such estimate of expenses at the price of one shilling per copy.
Estimates meetings.
24.—(1) At an estimates meeting of the council of a county or an elective body or at an adjournment of such meeting, such council or elective body (as the case may be)—
(a) may (subject to the subsequent provisions of this section) by resolution amend, whether by addition, omission, or variation, the estimate of expenses required by this Act to be considered at such meeting, and
(b) shall by resolution adopt such estimate of expenses either (as the case may require) without amendment or with the amendments made therein under the foregoing paragraph of this sub-section, and
(c) shall by resolution determine, in accordance with such estimate of expenses as so adopted, the rates in the pound to be levied for the several purposes specified in such estimate or, in the case of an elective body which is not a rating authority, prepare and by resolution adopt, in accordance with such estimate of expenses as so adopted, the demand or other instrument whereby the money to meet the expenses of such elective body in the local financial year then next ensuing is to be obtained.
(2) Whenever at an estimates meeting of the council of a county or of an elective body, an amendment of the estimate of expenses required by this Act to be considered at such meeting is proposed and the county manager for such county or the manager for such elective body (as the case may be) is of opinion that such amendment, if made, would seriously prejudice the efficient or the economical performance of the duties of such council or elective body, the said county manager or manager (as the case may be) shall at such meeting state his objection to such amendment and his reasons therefor, and thereupon such council or elective body shall consider such objection and either shall decide at such meeting not to make such amendment or shall adjourn, in accordance with the next following sub-section of this section, the further consideration of such amendment.
(3) When the further consideration of an amendment of an estimate of expenses is adjourned under the next preceding sub-section of this section the estimates meeting shall, after all business which can lawfully and conveniently be transacted thereat without adjournment is disposed of, be adjourned for not less than six days and at such adjourned meeting the amendment or amendments which occasioned the adjournment (with or without any modification thereof) but no other amendment of the said estimate of expenses shall be considered and decided upon and the business of the estimates meeting shall be completed.
Limitation on expenditure.
25.—(1) The council of a county or an elective body may, at any time after they have adopted under this Act an estimate of expenses for any local financial year, consent by resolution to the expenditure of money or the incurring of a liability in excess of the expenditure for any particular purpose specified in such estimate in respect of such financial year.
(2) Save with a consent given by resolution under the foregoing sub-section of this section, the total amount of money expended and liability incurred by the council of a county or by an elective body in any local financial year for any particular purpose specified in the estimate of expenses for such local financial year shall not exceed the total amount specified in the said estimate of expenses in respect of that purpose.
Preparation of plans, etc.
26.—The council of a county or an elective body may at any time by resolution require the county manager for such county or the manager for such elective body (as the case may be) to prepare and submit to such council or body plans and specifications for the execution of any particular work specified in such resolution which can lawfully be executed by such council or body together with an estimate of the probable cost of the execution of such work, and whenever such council or body passes any such resolution such county manager or such manager (as the case may be) shall, as soon as conveniently may be, prepare and submit to such council or body plans and specifications and an estimate in accordance with such resolution.
Furnishing of information to county councils and elective bodies.
27.—Every county manager shall whenever requested by the council of his county or by an elective body for which he is the manager or by the chairman of such council or of any such body so to do, afford to such council, body, or chairman (as the case may require) all such information as may be in the possession or procurement of such county manager in regard to any act, matter, or thing appertaining to or concerning any business or transaction of such council or body (as the case may be) which is mentioned in such request.
Reception and examination of tenders.
28.—(1) Any council of a county or any elective body may, if and whenever it thinks fit, make regulations prescribing the procedure to be followed in regard to the reception and examination of all or any particular class or classes of tenders for the supply of goods, the execution of works, or any other thing for which such council or body may lawfully have invited the submission of tenders.
(2) All regulations made under this section shall be subject to the approval of the Minister and no such regulation shall be of any force or effect unless or until it has been so approved.
(3) Whenever and so long as any regulations made by the council of a county or by an elective body under this section are in force, all tenders to which such regulations apply received by such council or body (as the case may be) shall be received and examined in accordance with the procedure prescribed by such regulations.
Requisition of a county council or an elective body that a particular thing be done.
29.—(1) Any council of a county or any elective body, at a meeting specially summoned for the purpose under this section, may by resolution proposed and passed in accordance with this section require any particular act, matter, or thing specifically mentioned in such resolution and which such council or the county manager for such county or such elective body or the manager for such elective body (as the case may be) can lawfully do, to be done in exercise or performance of the executive functions of such council or body.
(2) Notice of the intention to propose any such resolution as is authorised by the foregoing sub-section of this section shall be given in writing to the county manager concerned and shall be signed by not less than one-third of the members of the county council or elective body at a meeting of which such resolution is to be proposed and shall contain a copy of such resolution and shall specify a day (not less than seven nor more than fourteen days after the day on which such notice is received by the county manager) for the holding of such meeting.
(3) Whenever a county manager receives any such notice as is mentioned in the foregoing sub-section of this section, he shall as soon as possible send a copy of such notice to every member of the county council or elective body concerned and a special meeting of such council or body shall be summoned for the date specified in that behalf in such notice at the usual hour for meetings of such council or body.
(4) When a resolution of which notice has been given under this section has been proposed at the meeting of the county council or elective body concerned summoned for the purpose under this section, such council or body and the county manager concerned shall consider such resolution and, if after such consideration such council or body passes such resolution and the number of members voting for such resolution exceeds either half the total membership of such council or body or two-thirds of the members present and voting, such county manager shall, if and when and so far as money for the purpose is or has been provided, do in accordance with such resolution the act, matter, or thing which is required by such resolution to be done.
(5) A resolution passed under this section shall not—
(a) apply or extend to the exercise or performance of any power, function, or duty of a county council or an elective body generally or to every case or occasion of the exercise or performance of any such power, function, or duty or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which such power, function, or duty is exercised or performed, or
(b) apply or extend to the exercise or performance of any power, or duty conferred or imposed on a county manager by or under this Act in relation to the officers or servants of a county council or an elective body or the control, supervision, service, remuneration, privileges, or superannuation of such officers or servants or any of them, or
(c) require a county manager to give or to withhold public assistance to or from any particular individual, or
(d) require a county manager to prosecute or to refrain from prosecuting any particular person or to discontinue any particular prosecution.
Any resolution purporting to be passed by the council of a county or by an elective body under this section which contravenes this sub-section shall be void and of no effect.
(6) Every dispute which shall arise between the council of a county or an elective body and a county manager as to whether a resolution passed by such council or body (as the case may be) under this section does or does not contravene the next preceding sub-section of this section shall be referred to the Minister for decision, and the decision of the Minister thereon shall be final and conclusive.
Attendance, etc., of county manager at meetings of county council and of elective bodies.
30.—(1) Every county manager shall have the right to attend meetings of the council of his county and of every elective body for which he is manager, and to take part in discussions at such meetings as if he were a member of such council or body, but he shall not be entitled to vote on any question which is decided by a vote of the members of such council or body.
(2) A county manager shall, so far as is not inconsistent with the due performance of his duties, attend—
(a) any meeting of the council of his county which he is requested by such council to attend, and
(b) any meeting of a committee of such council which he is requested by such council to attend, and
(c) any meeting of an elective body for which he is manager which he is requested by such body to attend, and
(d) any meeting of a committee of such elective body which he is requested by such body to attend.
(3) Whenever a county manager attends a meeting of the council of a county or of an elective body or of a committee in pursuance of the next preceding sub-section of this section, he shall give to such council, body, or committee (as the case may be) such advice and assistance as shall reasonably be required of him by such council, body, or committee, and shall for that purpose arrange for the attendance at such meeting of such of the officers of such council or body as may be necessary having regard to the business to be transacted at such meeting.
(4) Whenever it appears to the Minister to be necessary in order to enable the county manager for a county to attend the first annual meeting of the council of such county after the first election of members of such council held after the commencement of this Act or to attend the first meeting (whether annual or quarterly) of an elective body for which he is manager after the first election of members of such elective body held after the commencement of this Act, it shall be lawful for the Minister by order to appoint the day and hour at which the first annual meeting of such council or the first meeting (whether annual or quarterly) of such elective body after the first election of members of such council or elective body (as the case may be) after the commencement of this Act shall be held, and, where the Minister so appoints the day and hour for any such meeting, such meeting shall, notwithstanding anything contained in the Local Elections Act, 1927 (No. 39 of 1927), be held on the day and at the hour so appointed.
Advisory functions of county manager.
31.—(1) It shall be the duty of every county manager to advise and assist the council of his county and also every elective body for which he is manager in regard generally to the exercise or performance by them of their reserved functions and also in regard to any particular matter or thing in relation to such exercise or performance on or in respect of which such council or body requests the advice or assistance of such county manager.
(2) It shall be the duty of every county manager to carry into effect all lawful orders of the council of his county and also of every elective body for which he is manager in relation to the exercise and performance of the reserved functions of such council or body, as the case may be.
Legal proceedings.
32.—(1) In every action or other legal proceeding, whether civil or criminal, instituted in any court of law or equity by or against the council of a county, the county manager for that county shall act for and on behalf of such council and may do all such acts, matters, and things as he may consider necessary for the preparation and prosecution or defence of such action or other proceeding in the same manner in all respects as if (as the case may require) he were the plaintiff or prosecutor or the defendant therein, and, where such action or other proceeding relates to the exercise or performance by such council of a reserved function of such council, such county manager shall, in the doing of any such act, matter, or thing as aforesaid, act with the express authority of such council, and such authority shall be deemed to have been given unless or until the contrary is shown.
(2) In every action or other legal proceeding, whether civil or criminal instituted in any court of law or equity by or against an elective body, the manager for such elective body shall act for and on behalf of such elective body and may do all such acts, matters, and things as he may consider necessary for the preparation and prosecution or defence of such action or other proceeding in the same manner in all respects as if (as the case may require) he were the plaintiff or the prosecutor or the defendant therein, and, where such action or other proceeding relates to the exercise or performance by such elective body of a reserved function of such elective body, such manager shall, in the doing of any such act, matter, or thing as aforesaid, act with the express authority of such elective body, and such authority shall be deemed to have been given unless or until the contrary is shown.
Transfer of functions from the councils to the corporations of boroughs.
33.—(1) Immediately upon the commencement of this Act all the powers, functions and duties of every council of a borough (other than the borough of Dun Laoghaire) shall become and be transferred by virtue of this section to the corporation of such borough and shall thenceforward be powers, functions and duties of such corporation.
(2) All real and personal property (including choses-in-action) which is, immediately before the commencement of this Act, vested in the council of a borough (other than the borough of Dun Laoghaire) shall, by virtue of this section and without more, become and be transferred to and vested in the corporation of such borough immediately upon such commencement.
(3) The law in force at the passing of this Act in relation to councils of boroughs or the council of any particular borough shall, in so far as it is not inconsistent with this Act, apply to corporations of boroughs or the corporation of such particular borough (as the case may be), and for that purpose every corporation of a borough shall be deemed to be the council of such borough.
(4) The reserved functions of an elective body which is the corporation of a borough shall be exercised and performed for and on behalf of such corporation by the council of such borough.
(5) The following provisions shall have effect in respect of every elective body which is the corporation of a borough, that is to say:—
(a) every obligation imposed by this Act on the manager for an elective body to furnish information or statements or to give advice or assistance to such elective body shall be performed in relation to the council of such borough;
(b) references to meetings of an elective body shall be construed and have effect as references to meetings of the council of such borough;
(c) references to the chairman of an elective body shall (except in the case of the borough of Dun Laoghaire) be construed and have effect as references to the mayor of such borough.
District mental hospitals.
34.—(1) The following provisions shall apply and have effect in relation to every district mental hospital the district of which comprises one county only, that is to say:—
(a) the powers, functions, and duties conferred and imposed by section 9 of the Local Government (Ireland) Act, 1898, on the council of such county in relation to provision for and the maintenance of the lunatic poor in such county and in relation to the provision, maintenance, and administration of such mental hospital shall not, after the commencement of this Act, be exercised and performed by such council through such committee as is provided for by the said section 9, but shall, in lieu of such committee be exercised and performed by such council in accordance with this Act, that is to say, in so far as such powers, functions, and duties are reserved functions, by such council directly and, in so far as such powers, functions, and duties are executive functions, by and through the county manager for such county;
(b) such council shall from time to time appoint a committee to be known and in this section referred to as the visiting committee of such mental hospital;
(c) not more than one-half of the members of such visiting committee may be persons who are not members of such council;
(d) the tenure of office of the members of such visiting committee shall be determined by such council;
(e) all casual vacancies in the membership of such visiting committee shall be filled by such council.
(2) In the case of every district mental hospital the district of which comprises two or more counties or a county borough and one or more county or counties, the joint committee of management of such hospital appointed under section 9 of the Local Government (Ireland) Act, 1898, as amended by subsequent enactments shall be the visiting committee of such hospital within the meaning and for the purposes of this section, and the subsequent provisions of this section in relation to visiting committees shall apply to such committee of management accordingly.
(3) Subject to the other provisions of this section, it shall be the duty of the visiting committee of a district mental hospital to do the following things, that is to say:—
(a) from time to time to visit such hospital and there to hear any complaints which may be made to them by any inmate of such hospital and, if so requested by such inmate, to hear such complaint in private;
(b) to report to the council or councils by whom such hospital is maintained any abuses observed or found by such committee in such hospital;
(c) to report to such council or councils on any repairs to such hospital which may appear to such committee to be urgently needed;
(d) to report to such council or councils on any matter relating to such hospital on which such committee thinks it expedient so to report or on which such council or all or any of such councils shall have requested such committee so to report.
(4) The visiting committee of a district mental hospital shall not inquire into or receive any complaint or make any report in relation to the services, remuneration, privileges or superannuation of the officers and servants of such hospital or any of such officers or servants.
(5) The visiting committee of a district mental hospital shall collectively, and every member of such committee shall individually, be entitled at all times to visit such hospital and to have free access to every part thereof subject to compliance with the rules made by the Minister under this section.
(6) The Minister may by order make rules prescribing the powers and duties of visiting committees of district mental hospitals and of visiting members of such committees and the manner in which such committees and such visiting members shall exercise and perform such powers and duties and all other powers and duties conferred or imposed on them by this section or otherwise.
(7) Every visiting committee of a district mental hospital shall comply with and observe the rules made by the Minister under the next preceding sub-section of this section and for the time being in force so far as such rules apply to such committee.
(8) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made and if either such House shall, within the next twenty-one days on which it sits after such order is laid before it, pass a resolution annulling such order or any rule or rules made thereby, such order, rule, or rules (as the case may be) shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Appointment by county councils and elective bodies of members of certain public bodies.
35.—(1) So much of any statute or of any order made under any statute as requires that a person elected or nominated to be a member of a public body by the council of a county or by an elective body shall be a member of the council or body by whom he is elected or nominated shall not apply in respect of any person elected or nominated on or after the commencement of this Act by the council of a county or by an elective body to be a member of a public body, and in lieu thereof it is hereby enacted that any person who, after such commencement, is elected or nominated by the council of a county or by an elective body to be a member of a public body and who, but for this section would be required to be a member of such council or of such elective body shall be such person willing to act, whether a member or not a member of such council or of such elective body, as such council or body considers to be best fitted, by reason of his special knowledge or practical experience of the matters administered by such public body, for membership thereof.
(2) Nothing in the foregoing sub-section shall operate to render unnecessary—
(a) the possession by any person who, after the commencement of this Act, is elected or nominated by the council of a county or by an elective body to be a member of any public body of any special qualification (other than membership of such council or elective body) which such person is required by law to possess, or
(b) compliance with the requirements of sub-section (2) of section 9 of the Local Government (Ireland) Act, 1898, so far as the said sub-section (2) as adapted, amended, or applied by or under any Act of the Oireachtas relates to membership of the joint committee of management of a district mental hospital, or
(c) compliance with the requirements of section 8 of the Vocational Education Act, 1930 (No. 29 of 1930), or
(d) compliance with the requirements of paragraph 2 of the Second Schedule to the Agriculture Act, 1931 (No. 8 of 1931), or
(e) compliance with the requirements of paragraph (c) of sub-section (1) of section 9 of the Public Assistance Act, 1939 (No. 27 of 1939), in relation to a public assistance authority to which the said section 9 applies, or compliance with paragraph (e) of sub-section (2) of section 10 of the said Act in relation to a public assistance authority to which the said section 10 applies.
Dissolution of boards of health.
36.—(1) Every board of health shall, upon the commencement of this Act, become and be dissolved by virtue of this section and the powers, functions, and duties of such board shall thereupon become and be transferred to and vested in the council of the county in which the county health district of such board is situate.
(2) In the case of a board of health which, immediately before the commencement of this Act, stands dissolved by virtue of an order made under section 72 of the Local Government Act, 1925 (No. 5 of 1925), the following provisions shall have effect as on and from such commencement, that is to say:—
(a) the said order shall cease to have effect and the said section 72 shall cease to apply to the said board of health;
(b) the said board of health shall continue to be dissolved but such dissolution shall be deemed to have been effected by virtue of this section and accordingly the foregoing sub-section of this section shall apply and have effect in relation to the said board of health;
(c) the powers, functions, and duties transferred by the said foregoing sub-section shall include all powers, functions, and duties which are, immediately before such commencement, exercisable or required to be performed by a person, persons, or body appointed in that behalf by any order of the Minister under the said section 72.
(3) The provisions contained in the Third Schedule to this Act shall apply and have effect in relation to every board of health dissolved or deemed to have been dissolved by this section.
Adaptation of enactments relating to county councils.
37.—(1) Every enactment and every order in force at the commencement of this Act in relation to councils of counties shall, subject to any order made by the Minister under this section, be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Act so far as they relate to such councils.
(2) The Minister may by order make, in respect of any enactment or order in force at the commencement of this Act in relation to councils of counties, all such adaptations of and modifications in any such enactment or order as appear to him to be necessary or expedient for carrying into effect the provisions of this Act so far as they relate to such councils.
(3) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House shall, within the next twenty-one days on which it sits after such order is laid before it, pass a resolution annulling such order, such order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
Adaptation of enactments relating to elective bodies.
38.—(1) Every enactment and every order in force at the commencement of this Act in relation to elective bodies or any particular class of elective bodies shall, subject to any order made by the Minister under this section, be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Act so far as they relate (as the case may be) to elective bodies or to such class of elective bodies.
(2) The Minister may by order make, in respect of any enactment or order in force at the commencement of this Act in relation to elective bodies or any particular class of elective bodies, all such adaptations of and modifications in any such enactment or order as appear to him to be necessary or expedient for carrying into effect the provisions of this Act so far as they relate (as the case may be) to elective bodies or to such class of elective bodies.
(3) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House shall, within the next twenty-one days on which it sits after such order is laid before it, pass a resolution annulling such order, such order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
Expenses.
39.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Partial repeal of the Local Government (Dublin) Act, 1930.
40.—(1) Sub-section (2) of section 42 and sections 47 and 48 of the Local Government (Dublin) Act, 1930 (No. 27 of 1930), are hereby repealed.
(2) On the commencement of this Act sections 51 to 61 and sections 77, 79, and 80 of the Local Government (Dublin) Act, 1930 (No. 27 of 1930), shall cease to apply or have effect in relation to the borough of Dun Laoghaire.
(3) The repeal by this section of section 47 of the Local Government (Dublin) Act, 1930 (No. 27 of 1930), shall, in relation to the office of town clerk of the borough of Dun Laoghaire, not operate to abolish that office but only to terminate the merger of the said office in the office of manager of the borough.
Short title.
41.—This Act may be cited as the County Management Act, 1940.
FIRST SCHEDULE.
Grouping of Certain Counties.
Group A. | This group shall consist of the counties of Carlow and Kildare. |
Group B. | This group shall consist of the counties of Kilkenny and Waterford. |
Group C. | This group shall consist of the counties of Laoighis and Offaly. |
Group D. | This group shall consist of the counties of Leitrim and Sligo. |
Group E. | This group shall consist of the counties of Longford and Westmeath. |
Group F. | This group shall consist of the counties of Tipperary North Riding and Tipperary South Riding. |
SECOND SCHEDULE.
Matters in respect of which the Powers, Functions, and Duties are Reserved Functions.
1. The making of a rate.
2. The borrowing of money.
3. The demanding under any enactment of the whole or a part of the expenses of the council of a county or of an elective body from any other local authority.
4. The making, amending, or revoking a bye-law.
5. The making or revoking an order or the passing or rescinding a resolution by virtue of which an enactment is brought into operation in or is made to apply to the functional area or a part of the functional area of the council of a county or of an elective body.
6. The application to be made to any authority in respect of the making or revoking of any such order as is mentioned in the next preceding paragraph of this Schedule.
7. The powers conferred by the Borough Funds (Ireland) Act, 1888, or by that Act as extended by any subsequent enactment, in relation to promoting or opposing legislation or in relation to the prosecution or defence of any such legal proceedings as are mentioned in section 3 of the said Act, and the application of public funds or rates for any of those purposes.
8. The making under section 9 of the Local Government (Ireland) Act, 1898, of regulations in respect of the admission, detention, or discharge of patients to, in, or from a mental hospital or in respect of the conditions as to payment or accommodation under which private patients may be admitted to or detained in a mental hospital.
9. The following matters under the Town and Regional Planning Act, 1934 (No. 22 of 1934), that is to say:—
(a) the passing of a resolution under section 18 of the said Act for the constitution of a planning region;
(b) the making of an application for an order under section 21 of the said Act extending a planning district;
(c) the consideration and the making of a decision under section 26 of the said Act to make a planning scheme;
(d) the making and submission of a planning scheme under section 29 of the said Act;
(e) the making to a planning authority of an application under sub-section (1) of section 35 of the said Act for the revocation or modification of a planning scheme;
(f) the consideration of and dealing with an application by a responsible authority under the said sub-section (1) of section 35 of the said Act;
(g) the institution of an appeal to the Minister under section 36 of the said Act in relation to the revocation or modification of a planning scheme;
(h) the making of a revoking or amending planning scheme in pursuance of the said section 36 of the said Act.
10. The making of an application or an order or the causing of an inquiry to be made under or in pursuance of section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 (No. 55 of 1936), or Article 26 of the Schedule to the Local Government (Application of Enactments) Order, 1898, in relation to an alteration of boundaries.
11. The following matters under the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931), that is to say:—
(a) the declaration under section 5 of the said Act of an area to be a clearance area;
(b) the declaration under section 12 of the said Act of an area to be an improvement area.
12. Parliamentary and local elections.
13. The making of orders and the giving of directions for the purposes of Article 7 of the Schedule to the Local Government (Application of Enactments) Order, 1898.
14. The constitution of the council of a county or of an elective body, including the election of a chairman or a vice-chairman of such council or such elective body and the election and remuneration of the mayor of a borough or, in the case of the borough of Dun Laoghaire, the chairman of the borough.
15. The procedure of the council of a county or of an elective body, including procedure at any meeting of such council or such elective body.
16. The appointment or election of a person to be a member of another body.
17. The nomination of a person to be a candidate at an election of a person to the office of President of Ireland.
18. The disposition (otherwise than by demise for a term not exceeding one year) under the Municipal Corporations (Ireland) Acts, 1840 to 1888, of lands, tenements, or hereditaments.
19. The admission of persons to the freedom of a borough.
20. Subject to the provisions of this Act, the suspension, or removal of a county manager.
21. Subject to the provisions of this Act, the granting of a superannuation allowance or a gratuity to a county manager on his ceasing to be such county manager.
22. The exercise of a power which is vested by law (including this Act) in the council of a county or an elective body and is by this Act expressly made exercisable by resolution of such council or body.
THIRD SCHEDULE.
Provisions Consequential on the Dissolution of Boards of Health.
Definition.
1.—In this Schedule the expression “the board” means the board of health for a county health district and, in the case of a board of health which, immediately before the commencement of this Act, stands dissolved by virtue of an order made under section 72 of the Local Government Act, 1925 (No. 5 of 1925), includes a person, persons, or body appointed by any order of the Minister under the said section 72 to exercise the powers and perform the functions and duties of such board of health, and the expression “the council” means the council of the county in which such county health district is situate.
Transfer of property of the board.
2.—(1) All property, whether real or personal (including choses-in-action), which immediately before the commencement of this Act is vested in or belongs to or is held in trust for the board and all rights, powers and privileges relating to or connected with any such property shall on such commencement, without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become and be vested in or the property of or held in trust for (as the case may require) the council for all the estate, term, or interest for which the same immediately before such commencement was vested in or belonged to or was held in trust for the board, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.
(2) All property transferred by this paragraph which, immediately before the commencement of this Act, is standing in the books of any bank or is registered in the books of any bank, corporation, or company in the name of the board shall, upon the request of the council made at any time after such commencement, be transferred in such books by such bank, corporation, or company into the name of the council.
(3) After the commencement of this Act, every chose-in-action transferred by this paragraph from the board to the council may be sued upon, recovered, or enforced by the council in its own name and it shall not be necessary for the council to give notice to the person bound by such chose-in-action of the transfer effected by this paragraph.
Transfer of liabilities of the board.
3.—(1) Every debt and other liability (including stock and mortgage debts and also including unliquidated liabilities arising from torts or breaches of contract) which immediately before the commencement of this Act is owing and unpaid or has been incurred and is undischarged by the board shall, on such commencement, become and be the debt or liability of the council and shall be paid or discharged by and may be recovered from or enforced against the council accordingly.
(2) The abolition of the board shall not invalidate or affect any paying order which may have been issued by the board and not presented for payment before the commencement of this Act or any authority given by the board for the payment of the amount of such paying order, and the council shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after such commencement.
Transfer of special powers to the council.
4.—Every power, right, privilege, and authority conferred on or vested in the board, either alone or jointly with another body, by or under any statute or by contract, agreement, or licence (not being a power, right, privilege, or authority arising under general statutory or other law by reason merely of the board being a corporate body or a sanitary authority) and in existence immediately before the commencement of this Act shall, on such commencement, become and be transferred to and vested in the council and shall thenceforth be exercisable by the council accordingly, either alone or jointly as the case may require.
Preservation of continuing contracts.
5.—Every bond, guarantee, or other security of a continuing character made or given by the board to another person or by any person to the board and in force immediately before the commencement of this Act and every contract or agreement in writing made between the board and another person and not fully executed and completed before such commencement shall, notwithstanding the dissolution of the board, continue in force after such commencement but shall be construed and have effect as if the name of the council were substituted therein for the name of the board, and such security, contract or agreement shall be enforceable by or against the council accordingly.
Continuance of bye-laws etc.
6.—Every bye-law, rule and regulation lawfully made by the board and in force immediately before the commencement of this Act shall, after such commencement and so far as it is not inconsistent with this Act, continue in force and have effect as a bye-law, rule or regulation (as the case may be) made on such commencement by the council for the residue then unexpired of the period and in respect of the area for and in respect of which the same was actually made by the board, and accordingly every such bye-law, rule and regulation may be continued, varied or revoked and penalties and forfeitures arising thereunder before or after such commencement may be recovered and enforced by the council in the like manner and as fully as the same could have been continued, varied, revoked, recovered or enforced by the board if this Act had not been passed.
Continuance of resolutions, etc.
7.—Every resolution passed, order made, and notice served by the board before the commencement of this Act the operation, effect or term of which has not ceased or expired before such commencement shall, after such commencement and so far as is not inconsistent with this Act, continue in force and have effect as if it were a resolution passed, order made, or notice served by the council on the date on which the same was actually passed, made or served by the board and as if the functions, powers and duties of the board were, on the said date, already transferred to the council.
Continuance of pending legal proceedings.
8.—In every action, suit, prosecution or other proceeding which is pending at the commencement of this Act in any court or tribunal and to which the board is a party, the council shall on such commencement become and be a party in the place of the board and such proceeding shall be continued between the council 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.
Admissibility in evidence of books of the board.
9.—(1) All books and other documents directed or authorised by or under any statute to be kept by the board and which, immediately before the commencement of this Act, would be receivable in evidence shall, notwithstanding the dissolution of the board, be admitted in evidence after such commencement as fully as if this Act had not been passed.
(2) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any statute 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 such commencement as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if verified in such particular manner by the officer of the council corresponding to such particular officer, be admitted, after such commencement, as evidence of such contents to the same extent as such first-mentioned extract or certificate would have been so admitted if this Act had not been passed.
Audit of accounts of the board.
10.—(1) The accounts of all receipts and payments of the board and of committees thereof and of the respective officers of the board and such committees up to the commencement of this Act shall as soon as conveniently may be after such commencement, be audited, and disallowances, surcharges, charges and penalties in relation to such accounts, receipts, and expenditure shall be made, recovered and enforced in like manner as nearly as may be as if this Act had not been passed.
(2) Every officer of the board or of any committee thereof whose duty it is to make up any accounts of or to account for any portion of the receipts or expenditure of the board and also every member of the board or of any such committee shall, until the audit of the accounts of such receipts and expenditure up to the commencement of this Act is completed, be deemed for the purposes of such audit to continue in office and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as if this Act had not been passed.
Officers of the board.
11.—(1) Every person who is, immediately before the commencement of this Act, an officer of the board shall, on such commencement, be transferred to the service of the council and become and be an officer of the council.
(2) Every person who is, immediately before the commencement of this Act, an officer of a committee of the board shall, for the purposes of this Act and in particular for the purposes of this paragraph, be deemed to be an officer of the board.
(3) Every officer of the board or of a committee of the board who is transferred by virtue of this paragraph to the service of the council shall be entitled to reckon, for the purposes of the enactments relating to superannuation, his period of service with the board or such committee (as the case may be) and his period of service from the commencement of this Act with the council as one continuous period of service with the council.
Provisions in relation to transferred officers.
12.—(1) In this paragraph the expression “transferred officer” means an officer of the board or of a committee of the board who is transferred by virtue of the next preceding paragraph of this Schedule to the service of the council.
(2) Every transferred officer shall, from the commencement of this Act until he is continued, appointed, or removed under or by the subsequent provisions of this paragraph, perform in the service of the council the like duties as he performed in the service of the board or committee from whose service he was transferred and be entitled to the same salary and emoluments and the same conditions of service as were attached to his employment in the service of such board or committee immediately before the commencement of this Act.
(3) Every transferred officer shall, within two years after the commencement of this Act, either—
(a) be continued by the council in the office he held immediately before such commencement or in an analogous office with analogous duties, or
(b) be appointed according to law and with his consent to an office in the service of the council, or
(c) be removed from office by the council.
(4) Every dispute as to whether an office is analogous to another office or as to whether the duties of an office are analogous to the duties of another office shall be determined by the Minister whose decision shall be final.
(5) Every transferred officer who is not continued, appointed, or removed under the foregoing provisions of this paragraph within two years after the commencement of this Act shall, at the expiration of such two years, be removed from office by virtue of this sub-paragraph.
(6) Every transferred officer who is removed from office under or by virtue of any of the foregoing provisions of this paragraph shall, for the purpose of the enactments relating to superannuation, be deemed to have been removed from office by the council for a cause other than misconduct or incapacity.
Preservation of contracts of service with the board.
13.—Every contract of service express or implied which is in force immediately before the commencement of this Act between the board and any person not being an officer of the board shall continue in force after such commencement, but shall be construed and have effect as if the council were substituted therein for the board, and every such contract shall be enforceable by or against the council accordingly.