Local Government Act, 1991
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Joint committees of local authorities. |
38.—(1) Two or more local authorities may, if they consider it appropriate to do so, by resolution of each of the authorities, jointly establish— | |
(a) a joint committee of those authorities to consider matters connected with the functions of the authorities specified in the resolution and to advise the authorities on those matters, | ||
(b) a joint committee of those authorities to perform functions of those authorities delegated to it by them under subsection (5), | ||
and references in this Part to a joint committee are, unless the context otherwise requires, references to a joint committee established under this subsection. | ||
(2) A local authority may join in the establishment of more than one joint committee. | ||
(3) More than one joint committee may be established by the same local authorities. | ||
(4) Where the resolutions under subsection (1) relating to a joint committee, with the consent of the Minister, so provide— | ||
(a) the joint committee shall be a body corporate with perpetual succession and shall be known by such name as may be specified in the resolutions or determined by the joint committee, | ||
(b) the joint committee may sue and be sued in its corporate name, | ||
(c) the joint committee shall have power to acquire, hold and dispose of land or an interest in land, | ||
(d) the joint committee shall have a common seal which shall be authenticated by the signature of the chairman, or some other member, of the joint committee authorised by the joint committee in that behalf or by the signature of an officer of the joint committee authorised by the joint committee in that behalf, | ||
(e) judicial notice shall be taken of the seal of the joint committee and every document purporting to be an order or other instrument made by it and to be sealed with its seal (purporting to be authenticated in accordance with paragraph (d)) shall be received in evidence and be deemed to be that order or instrument without further proof unless the contrary is shown. | ||
(5) (a) Subject to the provisions of this subsection, a local authority may, by resolution, with the consent of the other authorities concerned, delegate with or without restrictions to a joint committee established under subsection (1) (b) any of its functions that may be performed by resolution. | ||
(b) Paragraph (a) does not apply to the powers of a local authority to adopt the estimate of expenses of the authority or to make a rate or any other prescribed functions. | ||
(c) Without prejudice to any other relevant requirements, it shall be necessary for the passing of a resolution under paragraph (a) that the number of members of the local authority concerned voting in favour of the resolution exceeds one-half of the total number of the members of the authority. | ||
(6) The Minister may direct a local authority to establish under subsection (1), upon and subject to such terms and conditions as may be specified in the direction, with such one or more other local authorities as may be specified in the direction a joint committee and to delegate to the committee, subject to such (if any) conditions or restrictions as may be specified in the direction, such of the functions of the authority as may be specified in the direction. | ||
(7) A joint committee may be dissolved by resolution of any one of the local authorities by which it was established with (in the case of a joint committee established pursuant to a direction under subsection (6)) the consent of the Minister but the dissolution shall be without prejudice to anything previously done by the committee. | ||
(8) (a) Notwithstanding the repeal under section 4 or the cesser under section 40 of an enactment by or under which a joint committee of a local authority stood established immediately before such repeal or cesser, the committee shall continue to stand established after such repeal or cesser and be deemed to have been established under this section and this Part shall apply and have effect accordingly in relation to it. | ||
(b) Save as provided for by this section or otherwise by law, it shall not be lawful for local authorities to establish a joint committee or to delegate any of their functions to a joint committee. | ||
(9) In this section “local authority” includes such other (if any) persons as may be prescribed. |