City and County Management (Amendment) Act, 1955

Prior information to members of local authority of manager's proposals.

2.—(1) Subject to the provisions of this section, a local authority may by resolution direct that, before the manager performs any specified executive function of the local authority, he shall inform the members of the local authority of the manner in which he proposes to perform that function, and the manager shall comply with the resolution.

(2) A resolution under subsection (1) of this section may relate to any particular case or occasion or to every case or occasion of the performance of the specified executive function.

(3) A resolution under subsection (1) of this section shall not apply or extend to the performance of any function of the manager in relation to the officers or servants of a local authority or the control, supervision, service, remuneration, privileges or superannuation of such officers or servants or any of them, and any resolution purporting to be passed under subsection (1) of this section which contravenes this subsection shall be void.

(4) Every dispute arising between a local authority and the manager as to whether a resolution passed by the local authority does or does not contravene subsection (3) of this section shall be referred for decision—

(a) in case the local authority are a joint mental hospital board or a joint board established by order under section 45 of the Health Act, 1953 (No. 26 of 1953)— to the Minister for Health, and

(b) in any other case—to the Minister.

(5) A resolution under subsection (1) of this section shall not apply or extend to the performance of any of the individual health functions of a local authority, and any resolution purporting to be passed under subsection (1) of this section which contravenes this subsection shall be void.

(6) Every dispute arising between a local authority and the manager as to whether a resolution passed by the local authority does or does not contravene subsection (5) of this section shall be referred for decision to the Minister for Health.

(7) The manager shall inform the members of a local authority—

(a) before any works (other than works of maintenance or repair) of the local authority are undertaken, or

(b) before committing the local authority to any expenditure in connection with proposed works (other than works of maintenance or repair).

(8) A local authority may by resolution define what information is to be given pursuant to this section, and how and when it is to be so given, and the manager shall comply with the resolution.

(9) Nothing in the foregoing provisions of this section shall prevent the manager from dealing forthwith with any situation which he considers is an emergency situation calling for immediate action without regard to those provisions.