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11 1991

LOCAL GOVERNMENT ACT, 1991

PART IV

Reorganisation of Local Government for the County of Dublin

Interpretation ( Part IV ).

17. —(1) In this Part, except where the context otherwise requires—

area committee” means a committee established pursuant to section 18 ;

area manager”, during the period when functions stand delegated under section 20 to assistant county managers for the county of Dublin, means one of those assistant county managers and, when functions stand delegated under section 21 to persons holding the offices established by that section, means one of the holders of those offices;

assistant county manager” means an assistant county manager for the purposes of the County Management Acts, 1940 to 1988;

the borough” means the borough of Dún Laoghaire;

the Borough Corporation” means the Corporation of Dún Laoghaire;

committee district” has the meaning assigned to it by section 18 ;

the county” means the administrative county of Dublin;

the county council” means the council of the county;

the Dublin authorities” means Dublin Corporation, the Borough Corporation, the county council, the Dean's Grange Joint Burial Board and the Balbriggan Town Commissioners;

Dublin Corporation” means the Right Honourable, the Lord Mayor, Aldermen and Burgesses of Dublin;

electoral county” means an established electoral county within the meaning of Part III of the Local Government (Reorganisation) Act, 1985;

the existing authorities” means the county council and the Borough Corporation;

the proposed counties” and “the proposed councils” have the meanings assigned to them by section 23 ;

the reorganisation report” means the report prepared under section 23 .

(2) Nothing in this Part shall prejudice the power of the Minister under Part V to make an order altering the boundaries of a committee district or providing for consequential matters.

Establishment of area committees.

18. —(1) The county council shall, as soon as may be after the local elections next occurring after the commencement of this section, establish, by resolution, a committee (referred to in this Part as “an area committee”) for the area of each electoral county to perform in relation to that area (in this Part referred to in relation to an area committee, as its “committee district”) the functions conferred on that area committee pursuant to this Part.

(2) (a) The area committee for the electoral County of Fingal shall be known as the Fingal Area Committee and its committee district shall be the area of that electoral county and it shall be known as the Fingal Committee District.

(b) The area committee for the electoral County of South Dublin shall be known as the South Dublin Area Committee and its committee district shall be the area of that electoral county and it shall be known as the South Dublin Committee District.

(c) The area committee for the electoral County of Dún Laoghaire-Rathdown shall be known as the Dún Laoghaire-Rathdown Area Committee and its functional area shall be the area of that electoral county and it shall be known as the Dún Laoghaire-Rathdown Committee District.

(3) Subject to section 17 (2), the membership of an area committee for an electoral county shall consist of the persons standing elected or chosen for the time being as members of the council of that electoral county.

Delegation of functions to area committees.

19. —(1) The county council shall, as soon as may be after the establishment of an area committee, delegate to the committee, by resolution, upon and subject to such terms and conditions (if any) as may be specified in the resolution, the functions of the county council that may be performed by resolution in relation to its committee district referred to in subsection (4).

(2) The Borough Corporation shall, as soon as may be after the establishment of the Dún Laoghaire-Rathdown Area Committee delegate to it, by resolution, upon and subject to such terms and conditions (if any) as may be specified in the resolution, the functions of the Corporation that may be performed by resolution referred to in subsection (4).

(3) Without prejudice to any other relevant requirements, it shall be necessary for the passing of a resolution under subsection (1) or (2) that the number of members of the local authority concerned voting in favour of the resolution exceeds one-half of the total number of members of the authority.

(4) (a) The functions aforesaid are the functions of the county council or the Borough Corporation, as the case may be (other than functions relating to an excluded matter), that, in the opinion of the county council or the Borough Corporation, as the case may be, may be properly and effectively performed by the appropriate area committee.

(b) (i) Subject to subparagraphs (ii) and (iii), in this subsection “an excluded matter”, in relation to the county council or the Borough Corporation, means the power of the county council or the Borough Corporation, as the case may be, to adopt the estimate of expenses of the county council or the Borough Corporation, as may be appropriate, to make a rate or to borrow money.

(ii) The Minister may by direction given to the county council or Borough Corporation provide that a specified function of the county council or the Borough Corporation shall become or cease to be an excluded matter in relation to the county council or the Borough Corporation and thereupon the said function shall become or, as the case may be, cease to be an excluded matter in relation to the county council or the Borough Corporation, as the case may be, and subparagraph (i) shall have effect accordingly.

(iii) Whenever a function that stands delegated under this section becomes, by virtue of subparagraph (ii), an excluded matter, the delegation shall stand revoked but without prejudice to anything previously done thereunder by the area committee concerned, and, upon receipt of the direction concerned, the county council or Borough Corporation, as the case may be, shall forthwith send a copy thereof to the area committee concerned.

(c) Whenever, by virtue of paragraph (a) or (b), a function of the county council or the Borough Corporation becomes a function in relation to which, in the opinion of the county council or the Borough Corporation, as the case may be, the powers conferred on it by subsection (1) or (2) should be exercised, it may exercise those powers in relation to that function.

Management arrangements for area committees.

20. —(1) The Dublin County Manager shall, as soon as may be after the establishment of an area committee—

(a) delegate under section 13 (1) of the County Management Act, 1940, to an assistant county manager for the county of Dublin such of his functions in respect of its committee district (including functions relating to the general administration and management of the business of and the ensuring of the proper functioning of the area committee) as he considers can properly be performed by such assistant county manager in respect of that district, functions in respect of each committee district being delegated to a different assistant county manager, and

(b) make such other arrangements, including arrangements for the control of staff of the county council and for the performance of duties by such staff as he considers necessary or expedient for the purpose of ensuring the effective performance by the area committee and the assistant county manager to whom functions are delegated by virtue of paragraph (a) of their respective functions.

(2) Upon the making, pursuant to subsection (1), of a delegation under the said section 13 (1), subsections (2), (3) and (4) of that section shall apply and have effect in relation to the delegation and the functions delegated.

Assistant county managers for area committees.

21. —(1) There shall, in addition to the offices of assistant county manager for the county of Dublin provided for from time to time by or under section 9 of the County Management Act, 1940 , be three offices of assistant county manager for the county of Dublin (in this section referred to as “the three offices”), and—

(a) the holder of one of the three offices (who shall be known as the Fingal Area Manager) shall perform, in relation to the Fingal Area Committee and its committee district, the functions referred to in subsection (2) and such other functions as may be conferred on him by or under this Act or any other enactment,

(b) the holder of another of the three offices (who shall be known as the Dún Laoghaire-Rathdown Area Manager) shall perform, in relation to the Dún Laoghaire-Rathdown Area Committee and its committee district, the functions referred to in subsection (2) and such other functions as may be conferred on him by or under this Act or any other enactment,

(c) the holder of the third of the three offices (who shall be known as the South Dublin Area Manager) shall perform, in relation to the South Dublin Area Committee and its committee district, the functions referred to in subsection (2) and such other functions as may be conferred on him by or under this Act or any other enactment.

(2) Upon the taking up of duty by a person appointed to an office established by this section of assistant county manager in relation to an area committee—

(a) the functions delegated under section 20 in respect of the committee district of that area committee shall be deemed to have been and to stand delegated by the Dublin County Manager to that assistant county manager under subsection (1) of section 13 of the County Management Act, 1940 , and subsection (2) of section 20 shall apply and have effect accordingly, and

(b) the first-mentioned delegation shall cease to have effect.

(3) (a) Upon the commencement of this section the request to the Local Appointments Commissioners provided for by section 6 of the Local Authorities (Officers and Employees) Act, 1926 , shall be deemed to have been made in relation to the first appointments to the three offices and, notwithstanding section 27 (1) of the Local Government Act, 1955 , a person recommended by the said Commissioners for one of the said first appointments shall take up duty as the holder of that office within a period of two months of his notification by the said Commissioners of their recommendation in relation to his appointment to that office.

(b) If a person referred to in paragraph (a) does not take up duty as the holder of one of the three offices in accordance with that paragraph, the request referred to therein shall be deemed to have been made in relation to the first appointment to the office concerned on the day following the expiration of the period specified in paragraph (a) or the notification of the county council of the intention of the person not to take up such duty, whichever is the earlier, and, notwithstanding the said section 27 (1), a person recommended by the said Commissioners for the first appointment concerned shall take up duty as the holder of the office concerned within a period of two months of his notification by the said Commissioners of their recommendation in relation to his appointment to that office.

(4) Where any of the three offices become vacant, the request referred to in paragraph (a) of subsection (3) shall be deemed to have been made on the day following the occurrence of the vacancy or the notification of the county council of the vacancy, whichever is the earlier, and that subsection shall apply to the filling of the vacancy as if the appointment concerned was a first appointment to the office concerned.

(5) For the purposes of the application of the County Management Act, 1940 , to the three offices, section 10 and “(other than the county of Dublin)” in section 11 (3) of that Act shall be deleted.

(6) The three offices shall be major offices for the purposes of the Local Government Act, 1941 .

County managers for new counties.

22. —(1) If an administrative county whose functional area is conterminous with the committee district of the Fingal Area Committee is established at a time when a person holds the office of Fingal Area Manager, then, upon such establishment, that person shall, notwithstanding section 5 (2) of the City and County Management (Amendment) Act, 1955 , stand appointed to the office of Fingal County Manager.

(2) If an administrative county whose functional area is conterminous with the committee district of the Dún Laoghaire-Rathdown Area Committee is established at a time when a person holds the office of Dún Laoghaire-Rathdown Area Manager, then, upon such establishment, that person shall, notwithstanding the enactment referred to in subsection (1), stand appointed to the office of Dún Laoghaire-Rathdown County Manager.

(3) If an administrative county whose functional area is conterminous with the committee district of the South Dublin Area Committee is established at a time when a person holds the office of South Dublin Area Manager, then, upon such establishment, that person shall, notwithstanding the enactment referred to in subsection (1), stand appointed to the office of South Dublin County Manager.

Report on preparations for establishment of proposed councils.

23. —(1) (a) The area managers shall prepare jointly during the appropriate period a preliminary report (in this Part referred to as “the reorganisation report”) outlining the general arrangements that would require to be made in preparation for—

(i) the abolition of the county and its division into three administrative counties (in this Part referred to as “the proposed counties”) the areas of which would be conterminous with the committee districts and the abolition of the borough,

(ii) the establishment of a council in respect of each of those three administrative counties (in this Part referred to as “the proposed councils”) and the making of provision for their functions and their assets and liabilities, and

(iii) the dissolution of the existing authorities,

and outlining the arrangements for consequential matters.

(b) The reorganisation report shall specify the administrative and organisational measures (including transitional measures) which would be required for the purposes of the arrangements aforesaid and shall include proposals which would allow for the implementation of those measures on a phased and orderly basis, utilising the administrative and organisational arrangements of the area committees and their committee districts.

(2) In preparing the reorganisation report—

(a) each area manager shall consult with his area committee and the area managers shall jointly consult with the Dublin City Manager and Town Clerk and Dublin County Manager,

(b) regard shall be had to—

(i) the need to ensure, in so far as possible, that the total costs, and the total numbers and costs of staff, of the proposed councils do not exceed those of the existing authorities,

(ii) the need to ensure that the services to be provided by the proposed councils will be organised economically, effectively and efficiently, and

(iii) the need to provide, for the purposes aforesaid, for the co-ordination, where appropriate, of the provision of the services aforesaid.

(3) Without prejudice to the generality of the foregoing, the reorganisation report shall include—

(a) a description of the arrangements considered necessary in order to effect the transfer from the existing authorities to the proposed councils of—

(i) staff, and

(ii) assets and liabilities,

(b) a description of the kind, and an estimate of the extent, of the accommodation considered to be likely to be required by the proposed councils and an outline of the transitional arrangements considered to be necessary as respects those requirements,

(c) an estimate of the income and expenditure of each of the proposed councils and of the extent and nature of any consequential financial adjustments,

(d) an outline of the co-ordination that should be effected in the performance of their functions or specified such functions (including the specification of any particular service that it is considered should be provided jointly) by—

(i) any two or more of the proposed councils, or

(ii) any one or more of the proposed councils and Dublin Corporation,

and of the arrangements considered to be necessary in order to effect such co-ordination,

(e) such preparatory, transitional, organisational, procedural and administrative measures as it is considered should be taken in relation to the existing authorities or any one or more of their functions in anticipation and for the purposes of the establishment of the proposed councils, and

(f) an outline, study or analysis of such other matters as are considered appropriate or the Minister may specify.

(4) (a) Copies of the reorganisation report shall be transmitted to the Dublin authorities, the area committees and the Minister.

(b) Each Dublin authority and area committee shall, as soon as may be after the receipt by it of a copy of the reorganisation report, make such submissions (if any) to the Minister as it deems appropriate in relation to the report and the Minister shall consider any submissions so made.

(5) In this section “the appropriate period” means the period of six months commencing on the day on which the area committees or, as may be appropriate, the last of them are or is established or such longer period (if any) as may be fixed by resolution of the County Council.

Regulations in relation to preparations for establishment of proposed councils.

24. —(1) When the reorganisation report has been submitted to the Minister, he may, having considered it, direct that another report be jointly prepared by any one or more of the area managers in respect of or taking account of specified matters.

(2) The Minister, having considered the reorganisation report and any reports under this section may, after consultation with the Minister for Finance, by regulations make such provision as appears to him to be necessary or expedient for the purposes of or to give full effect to or to facilitate—

(a) preparations for the establishment of the proposed counties and the proposed councils,

(b) preparations for the dissolution of the existing authorities,

(c) the making and implementation of transitional arrangements in relation to such establishment and dissolution,

and the regulations shall have effect notwithstanding the provisions of any other enactment and every such enactment shall be construed and have effect subject to and in accordance with the provisions of the regulations.

(3) Without prejudice to the generality of subsection (2), regulations under that subsection may include provision in relation to—

(a) the making of arrangements and agreements between the existing authorities and between those authorities and the other Dublin authorities in relation to the matters referred to in subsection (2) and for the application of such agreements and arrangements to the proposed councils,

(b) the preparation for the transfers of assets and liabilities consequent upon the establishment of the proposed counties and the proposed councils and the dissolution of the existing authorities,

(c) the preparation by the existing authorities of estimates of the expenses for a specified local financial year of the proposed councils as if those councils stood established during the whole of that year,

(d) any matter or thing for which provision may be made by order under section 34 or for which provision is made in the Local Government (Dublin) Act, 1930 ,

(e) the adjustment of any matter or thing (including any financial adjustment) that, in the opinion of the Minister, will arise upon the establishment of the proposed counties and the proposed councils and the dissolution of the existing authorities.

(4) Regulations under this section may provide for the application, adaptation, amendment or repeal of any enactment as respects the matters specified in paragraphs (a), (b) and (c) of subsection (2) or as respects the county or any part thereof (including the borough).

Directions for purposes of this Part.

25. —The Minister may give to the Dublin authorities, the Dublin City Manager, the Dublin County Manager and the area managers such general or particular directions in relation to the execution of or compliance with any provision of this Part or regulations thereunder or in relation to the preparations for the matters referred to in section 23 (1) (including directions that specified steps be taken or not taken, or be taken subject to specified conditions, or specified things be done or not done or be done subject to specified conditions, by the persons aforesaid or any of them) as appear to the Minister to be necessary or expedient for securing or facilitating the operation of such provision or the giving of full effect thereto.

Amendment of Local Government (Reorganisation) Act, 1985.

26. —The Local Government (Reorganisation) Act, 1985, is hereby amended—

(a) in section 12, by the insertion of the following subsection after subsection (1):

“(1A) The division of the County into three electoral counties effected by subsection (1) shall continue to have effect for the purposes of the local elections next occurring after the elections referred to in that subsection in the same manner as it had effect for the purposes of the last-mentioned elections save that:

(a) the electoral County of Dublin-Fingal shall be known as the electoral County of Fingal, and

(b) the electoral County of Dublin-Belgard shall be known as the electoral County of South Dublin,

and references in this Act to established electoral counties, electoral counties and councils of electoral counties shall be construed accordingly.”,

(b) in section 13, by the insertion of “and at the local elections next occurring after those elections” in subsection (3) after “of this Act”, and

(c) in section 16—

(i) in subsection (1), by the insertion after “Act” of “or at the local elections next occurring after those elections”, and

(ii) by the substitution of the following subsections for subsections (3) and (4):

“(3) (a) The persons elected to the councils of the established electoral counties at the first elections held pursuant to section 13 (3) of this Act shall be regarded for all purposes as having been elected to the County Council on the same day as their election to whichever of the councils established under section 13 (1) of this Act is appropriate and on and from the ordinary day of retirement referred to in subsection (2) of this section those persons shall be the members of and shall act as the County Council.

(b) The persons elected to the councils of the established electoral counties at the elections held pursuant to the said section 13 (3) next after those referred to in paragraph (a) of this subsection shall be regarded for all purposes as having been elected to the County Council on the same day as their election to whichever of the councils established under the said section 13 (1) is appropriate and on and from the ordinary day of retirement of the members of the County Council those persons shall be the members of and shall act as the County Council.

(4) (a) The persons elected at the first elections held pursuant to the said section 13 (3) for the relevant electoral areas shall be regarded for all purposes as having been elected to the Borough Council on the same day as their election to the Council of the electoral County of Dún Laoghaire — Rathdown and on and from the ordinary day of retirement referred to in subsection (2) of this section those persons shall be the members of and shall act as the Borough Council.

(b) The persons elected at the elections held pursuant to the said section 13 (3) next after those referred to in paragraph (a) of this subsection for the relevant electoral areas shall be regarded for all purposes as having been elected to the Borough Council on the same day as their election to the Council of the electoral County of Dún Laoghaire-Rathdown and on and from the ordinary day of retirement of the members of the County Council those persons shall be the members of and act as the Borough Council.”.