County Management (Amendment) Act, 1942

Provisions where the members of a county council are removed from office.

5.—(1) Where, at the commencement of the Principal Act, the council of a county (other than the county of Dublin) is suspended, the following provisions shall have effect in relation to that county, that is to say;—

(a) section 90 of the Act of 1941 shall not apply or have effect in relation to the appointment of the first county manager for the said county, and in lieu thereof it is hereby enacted that the selection and recommendation under section 4 of the Principal Act of a person for such appointment may be proceeded with and completed before the suspension of the council of the said county has ceased, but the day appointed by the Minister under sub-section (2) of the said section 4 as the day as on and from which the person so recommended becomes appointed to the office of such first county manager shall not be prior to the day on which such suspension ceases;

(b) there shall not be more than one commissioner for such council at any one time while such suspension continues;

(c) the person who is for the time being the commissioner for such council during such suspension shall also be the county manager for the said county and shall be deemed to have been appointed to be such county manager by the Minister under sub-section (5) of section 4 of the Principal Act and accordingly shall not be the first county manager for the said county within the meaning of the Principal Act or this Act;

(d) if the said county is one of two grouped counties, sub-section (2) of section 3 of the Principal Act (which requires one and the same person to be county manager for each of two grouped counties) shall not apply or have effect in relation to the said two grouped counties during such suspension;

(e) the remuneration payable to the commissioner for the council of the said county under sub-section (2) of section 50 of the Act of 1941 shall, during such suspension, be deemed to include his remuneration in respect of his duties as county manager for that county, and no additional remuneration shall be payable to him in respect of those duties under the said sub-section (2) or under section 5 of the Principal Act;

(f) if, by reason of a provision of the Principal Act or an order made under that Act, an assistant county manager is required to be appointed for the said county or for a county included in a group with the said county, section 90 of the Act of 1941 shall not apply or have effect in relation to the appointment of such first assistant county manager, and in lieu thereof it is hereby enacted that the selection and recommendation under section 12 of the Principal Act of a person for such appointment may be proceeded with and completed before the suspension of the council of the said county has ceased, but the day appointed by the Minister under paragraph (b) of sub-section (3) of the said section 12 as the day as on and from which the person so recommended becomes appointed to the office of such first assistant county manager shall not be prior to the day on which such suspension ceases.

(2) Where, at the commencement of the Principal Act the council of one of two grouped counties is suspended and the council of the other of those counties is not suspended, the following provisions shall apply and have effect in relation to that one of the said counties the council of which is not suspended, that is to say:—

(a) section 90 of the Act of 1941 shall not apply or have effect in relation to the appointment of the first county manager for the said county the council of which is not suspended, and in lieu thereof it is hereby enacted that the selection and recommendation under section 4 of the Principal Act of a person for such appointment may be proceeded with and completed before the suspension of the council of the other of the said counties has ceased, but the day appointed by the Minister under sub-section (2) of the said section 4 as the day as on and from which the person so recommended becomes appointed to the office of such first county manager shall not be prior to the day on which such suspension ceases;

(b) the Minister shall appoint, under sub-section (5) of section 4 of the Principal Act, a person to be the county manager for the said county of which the council is not suspended until the first county manager for that county has been appointed.

(3) A commissioner who is or has been a member of a body which is a subsidiary body (within the meaning of Part IV of the Act of 1941) of the body for which such commissioner is the commissioner or one of the commissioners may, notwithstanding anything contained in section 70 of the Local Government Act, 1925 (No. 5 of 1925), be appointed to and hold the office of the first or any other county manager or assistant county manager for a county or each of two grouped counties, or the office of Dublin Assistant City Manager.