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Local Government (Dublin) Act, 1993

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Number 31 of 1993


LOCAL GOVERNMENT (DUBLIN) ACT, 1993


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, collective citations and commencement.

2.

Interpretation.

3.

Orders and regulations.

4.

Repeals.

5.

Construction of enactments.

6.

Implementation of Act by local authorities, actions in anticipation and directions.

PART II

Establishment of Administrative Counties and Councils

7.

Establishment day.

8.

Alteration of certain boundaries existing before establishment day.

9.

Establishment and boundaries of administrative counties.

10.

Preparation of maps showing county boundaries.

11.

Establishment of councils of administrative counties.

12.

Membership and cathaoirleach of county councils.

13.

Provisions relating to management.

14.

Expenditure prior to adoption of estimates.

PART III

Dissolution of Certain Bodies and Consequential Provisions

15.

Dissolution of certain bodies.

16.

Provisions consequential on dissolutions.

17.

Transfer of staff of dissolved bodies.

PART IV

Consequential Adjustments to Other Codes

18.

Eastern Health Board.

19.

Vocational education committees.

20.

Higher education grants.

21.

School attendance committee.

22.

Governing Body of University College Dublin.

23.

Coroners.

24.

Sheriff.

25.

High Court Circuits.

26.

Circuit Court Circuit.

27.

Dublin Metropolitan District Court.

28.

Jury districts.

29.

Courthouses.

30.

Weights and measures.

31.

Veterinary services.

PART V

Miscellaneous

32.

Duty of principal authorities to consult and to have regard to certain interests.

33.

Maintenance of branch water pipes.

34.

Transfer of responsibility for supply of water in certain areas.

35.

Rationalisation of responsibilities for certain dwellings and land.

36.

Termination of bridge demand.

37.

Amendment of section 63 of Local Government (Dublin) Act, 1930.

38.

Transfer of certain staff of Dun Laoghaire-Rathdown County Council to Dublin Corporation.

39.

Regulations in relation to the borough area.

40.

Agreed boundary adjustments.

FIRST SCHEDULE

Enactments Repealed and Regulations Revoked

Part I

Enactments Repealed

Part II

Regulations Revoked

SECOND SCHEDULE

Provisions Consequential on Dissolutions Effected by Part III

THIRD SCHEDULE

Part I

Transfer of certain dwellings, etc., between principal authorities

Part II

Transfer of certain land to new councils


Acts Referred to

Abattoirs Act, 1988

1988, No. 8

Air Pollution Act, 1987

1987, No. 6

Air Navigation and Transport Act, 1936

1936, No. 40

Betting Act, 1931

1931, No. 27

Building Control Act, 1990

1990, No. 3

City and County Management (Amendment) Act, 1955

1955, No. 12

Control of Dogs Act, 1986

1986, No. 32

Coroners Act, 1962

1962, No. 9

County Management Act, 1940

1940, No. 12

County Management (Amendment) Act, 1942

1942, No. 13

County Management Acts, 1940 to 1991

Courthouses (Provision and Maintenance) Act, 1935

1935, No. 18

Courts (Supplemental Provisions) Act, 1961

1961, No. 39

Courts (Supplemental Provisions) Acts, 1961 to 1991

Courts of Justice Act, 1936

1936, No. 48

Courts of Justice Act, 1953

1953, No. 32

Dublin Corporation Waterworks Act, 1861

1861, 24 & 25 Vict. c. 172

Dublin Port and Docks (Bridges) Act, 1929

1929, No. 2 (P)

Electoral Act, 1963

1963, No. 19

Electoral Act, 1992

1992, No. 23

Environmental Protection Agency Act, 1992

1992, No. 7

Finance Act, 1895

1895, 58 & 59 Vict. c. 16

Fire Services Act, 1981

1981, No. 30

Grand Jury (Ireland) Act, 1836

1836, 6 & 7 Will. 4 c. 116

Health Act, 1970

1970, No. 1

Housing Act, 1966

1966, No. 21

Housing Act, 1988

1988, No. 28

Housing (Miscellaneous Provisions) Act, 1992

1992, No. 18

Housing Acts, 1966 to 1992

Juries Act, 1976

1976, No. 4

Local Authorities (Acceptance of Gifts) Act, 1945

1945, No. 30

Local Authorities (Higher Education Grants) Acts, 1968 to 1992

Local Authorities (Officers and Employees) Act, 1926

1926, No. 39

Local Elections Act, 1965

1965, No. 19

Local Government Act, 1941

1941, No. 23

Local Government Act, 1946

1946, No. 24

Local Government Act, 1955

1955, No. 9

Local Government Act, 1991

1991, No. 11

Local Government Acts, 1925 to 1993

Local Government Board (Ireland) Provisional Order Confirmation (No. 4) Act, 1899

1899, 62 & 63 Vict. c. 134

Local Government (Dublin) Act, 1930

1930, No. 27

Local Government (Dublin) Act, 1935

1935, No. 10

Local Government (Dublin) Act, 1945

1945, No. 8

Local Government (Dublin) (Amendment) Act, 1931

1931, No. 25

Local Government (Dublin) (Amendment) Act, 1940

1940, No. 21

Local Government (Dublin) (Amendment) Act, 1953

1953, No. 10

Local Government (Dublin) Acts, 1930 to 1991

Local Government (Financial Provisions) Act, 1978

1978, No. 35

Local Government (Ireland) Act, 1898

1898, 61 & 62 Vict. c. 37

Local Government (Planning and Development) Acts, 1963 to 1993

Local Government (Reorganisation) Act, 1985

1985, No. 7

Local Government (Sanitary Services) Acts, 1878 to 1964

Local Government (Water Pollution) Act, 1977

1977, No. 1

Poor Relief (Ireland) Act, 1838

1838, 1 & 2 Vict. c. 56

Pounds (Provision and Maintenance) Act, 1935

1935, No. 17

Public Health (Ireland) Act, 1878

1878, 41 & 42 Vict. c. 52

Public Health Acts Amendment Act, 1890

1890, 53 & 54 Vict. c. 59

Registration of Title Act, 1964

1964, No. 16

Safety, Health and Welfare at Work Act, 1989

1989, No. 7

School Attendance Acts, 1926 to 1967

Tourist Traffic (Development) Act, 1931

1931, No. 15

Valuation Acts

Vocational Education Act, 1930

1930, No. 29

Vocational Education Acts, 1930 to 1970

Weights and Measures Acts, 1878 to 1961

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Number 31 of 1993


LOCAL GOVERNMENT (DUBLIN) ACT, 1993


AN ACT TO PROVIDE FOR THE DIVISION OF THE ADMINISTRATIVE COUNTY OF DUBLIN INTO THREE ADMINISTRATIVE COUNTIES TO BE KNOWN AS THE COUNTY OF SOUTH DUBLIN, THE COUNTY OF FINGAL AND THE COUNTY OF DUN LAOGHAIRE-RATHDOWN, FOR THE ESTABLISHMENT OF A COUNCIL FOR EACH OF THOSE COUNTIES, TO AMEND THE LOCAL GOVERNMENT (DUBLIN) ACTS, 1930 TO 1991, AND TO PROVIDE FOR MATTERS RELATED TO THE MATTERS AFORESAID. [21st December, 1993]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General

Short title, collective citations and commencement.

1.(1) This Act may be cited as the Local Government (Dublin) Act, 1993.

(2) The Local Government (Dublin) Acts, 1930 to 1991, and this Act may be cited together as the Local Government (Dublin) Acts, 1930 to 1993.

(3) The County Management Acts, 1940 to 1991, and so much of this Act as relates to the management of counties and elective bodies may be cited together as the County Management Acts, 1940 to 1993.

(4) The Vocational Education Acts, 1930 to 1970, and section 19 may be cited together as the Vocational Education Acts, 1930 to 1993.

(5) This Act shall come into operation on such day or days as the Minister may fix by order, either generally or with reference to a particular purpose or provision, and different days may be so fixed for different purposes and provisions of this Act (including the repeal or revocation effected by section 4 of different enactments).

Interpretation.

2.(1) In this Act, except where the context otherwise requires—

the Act of 1991” means the Local Government Act, 1991 ;

area committee” means a committee established pursuant to section 18 of the Act of 1991;

the borough” means the Borough of Dun Laoghaire established by the Local Government (Dublin) Act, 1930 ;

the borough area” means that part of the administrative county of Dun Laoghaire-Rathdown which before the establishment day was the borough;

the burial board” means the Deans Grange Joint Burial Board, established by the Local Government Board (Ireland) Provisional Order Confirmation (No. 4) Act, 1899;

the city” means the county borough of Dublin;

the commissioner” means the Commissioner of Valuation;

the county”, in relation to any time before the establishment day, means the administrative county of Dublin;

the county council”, in relation to any time before the establishment day, means the council of the county;

development plan” means a development plan within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1993;

direction” means a direction in writing;

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

Dun Laoghaire Corporation” means the Corporation of Dun Laoghaire established by the Local Government (Dublin) Act, 1930 ;

dissolved body” means the county council, Dun Laoghaire Corporation or the burial board, as may be appropriate;

electoral county” means an electoral county established by section 12 of the Local Government (Reorganisation) Act, 1985 ;

enactment” includes an instrument made under an enactment;

the establishment day” means the day appointed by order under section 7 to be the establishment day;

functions” includes powers and duties;

local authority” means a local authority for the purposes of the Local Government Act, 1941 ;

manager” means—

(a) as respects Dublin Corporation, the city manager for the purposes of the Local Government (Dublin) Acts 1930 to 1993, and

(b) as respects the council of a county or an elective body, the manager for the purposes of the County Management Acts, 1940 to 1993;

the Minister” means the Minister for the Environment;

principal authority” shall be construed in accordance with subsection (3);

the Regulations of 1993” means the Dublin (Preparations for Reorganisation) Regulations, 1993 (S.I. No. 52 of 1993) made by the Minister under sections 3 and 24 of the Act of 1991;

the reorganisation report” means the report prepared under section 23 of the Act of 1991;

successor” shall be construed in accordance with subsection (2).

(2) In this Act, except where the context otherwise requires, “successor” means—

(a) in relation to Dun Laoghaire Corporation and the burial board — Dun Laoghaire-Rathdown County Council, and

(b) in relation to the county council — South Dublin County Council, Fingal County Council or Dun Laoghaire-Rathdown County Council, as may be appropriate,

and such succession to be determined in accordance with and subject to the provisions of Part III (and the Second Schedule ).

(3) In this Act, except where the context otherwise requires—

(a) a reference to “the county of South Dublin”, “the county of Fingal” or “the county of Dun Laoghaire-Rathdown” is to the relevant administrative county established by section 9 ,

(b) a reference to “South Dublin County Council”, “Fingal County Council” or “Dun Laoghaire-Rathdown County Council” is to the relevant council established by section 11 , and

(c)the principal authorities” means the county councils referred to in paragraph (b) and Dublin Corporation.

(4) (a) In this Act, a reference to a Part, section, Schedule, or Part of a Schedule, is to a Part, section, Schedule or Part of a Schedule to this Act, unless it is indicated that reference to some other enactment is intended.

(b) In this Act a reference in a Schedule or in a Part thereof to an article, is a reference to an article of that Schedule or Part, unless it is indicated that reference to a provision of some other enactment is intended.

(5) In this Act, a reference to a subsection, sub-article, paragraph or subparagraph is to the subsection, sub-article, paragraph, or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(6) In this Act, a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).

Orders and regulations.

3.(1) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution annulling such regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(2) Every order made under section 1 (5), subsection (3) of this section, section 7 or section 9 (6) shall be laid before each House of the Oireachtas as soon as may be after it is made.

(3) The Minister may by order amend or revoke an order made by the Minister under this Act (including an order made under this subsection).

(4) The Minister may make regulations for the purposes of this Act or in consequence of any of its provisions or for the purpose of enabling any provision to have full effect.

(5) Without prejudice to any specific provision of this Act, every regulation made under this Act may contain such incidental, consequential, transitional or supplementary provisions (including provisions for the purpose of securing the continuity of any provision of this or of any other Act or instrument repealed, revoked, amended or otherwise affected by this Act or by any regulations or order made thereunder) as may appear to the Minister making the regulations to be appropriate for the purposes of this Act or of any regulations made thereunder.

(6) Regulations under this Act may apply to any class or classes of local authorities specified in the regulations, to a particular local authority or to a particular part of the administrative area of a local authority (including the borough area) so specified and may contain different provisions in relation to different local authorities or to different parts of the administrative area of a local authority.

(7) If in any respect any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may by regulations do anything which appears to be necessary or expedient for removing that difficulty, for bringing that provision into operation, or for securing or facilitating its operation but no regulations shall be made under this subsection after the expiration of 3 years after the establishment day.

Repeals.

4.(1) The enactments mentioned in the First Schedule are hereby repealed to the extent specified in the third column of that Schedule.

(2) The provisions of the Local Government (Dublin) Act, 1930 , shall, in relation to Dun Laoghaire Corporation and the borough, so far as they are not repealed by this Act, cease to have effect.

Construction of enactments.

5.(1) Every enactment (including any provision contained in a local, personal or private Act) and every order, regulation, rule, byelaw or other instrument or agreement in force immediately prior to the establishment day shall, on and after such day but subject to any regulations made under this section, be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Act or regulations thereunder and to have effect in conformity therewith.

(2) The Minister or any other Minister of the Government, after consultation with the Minister, may, in respect of any enactment, instrument or agreement which relates to matters for which the relevant Minister has general responsibility, make regulations for the purposes of subsection (1).

Implementation of Act by local authorities, actions in anticipation and directions.

6.(1) It shall be the duty of the relevant local authorities and their officers and employees to cooperate with each other and generally to exercise their functions so as to facilitate the implementation of this Act.

(2) Subject to the provisions of this Act and of any regulations made thereunder and notwithstanding the provisions of any other enactment, the relevant local authorities and their officers and employees may, prior to the commencement of any provision of this Act and in anticipation of such commencement, or following such commencement, do anything which may be necessary as a preliminary to, or for the purpose of facilitating, the commencement or securing the operation of such provision or which is necessary to give full effect to, or which arises from, by reason of or is otherwise related to such provision.

(3) Every act done by a relevant local authority before and in anticipation of the commencement of any of the provisions of this Act shall have and be deemed always to have had all such (if any) validity and effect as it would have had if this Act or if such provisions had been in force when such act was done.

(4) The Minister may give to the relevant local authorities and the managers (including the area managers) for those authorities such general or particular directions in relation to the execution of or compliance with any provision of this Act or regulations thereunder (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.

(5) The Minister may by direction amend or revoke a direction given under this Act (including a direction under this subsection).

(6) A person to whom a direction is given under this Act shall comply therewith.

(7) In this section “the relevant local authorities” means—

(a) prior to the establishment day — Dublin Corporation, the county council, Dun Laoghaire Corporation and the burial board;

(b) on and after the establishment day — the principal authorities.

(8) A direction shall not be given under this section after the expiration of three years from the establishment day, save a direction in respect of any matter arising in relation to a scheme approved by the Minister under the Third Schedule , and any such direction shall not be given after the expiration of three years from the date of such approval.

PART II

Establishment of Administrative Counties and Councils

Establishment day.

7.The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

Alteration of certain boundaries existing before establishment day.

8.(1) The boundary between the city and the county as existing immediately before the establishment day shall stand altered on and from that day so as to correspond with—

(a) the recommended boundary shown on Map No. 11 of the reorganisation report, and

(b) such alterations as may be made pursuant to section 10 (2),

and the boundaries of the electoral counties shall accordingly also stand so altered to correspond with the foregoing alterations.

(2) Arising from such alterations in the boundary between the city and the county—

(a) each of the areas of the city which is to transfer to the county (the “excluded areas”) shall be detached from the city and from the jurisdiction and powers of Dublin Corporation and added to the county and each of the said areas shall be included in, and form part of, the county for all purposes, and

(b) each of the areas of the county which is to transfer to the city (the “added areas”) shall be detached from the county and from the jurisdiction and powers of the county council and added to the city, and shall be included in, and form part of, the city for all purposes.

(3) The provisions of articles 3 to 8, 11 and 12 (1) of the Second Schedule to the Local Government (Reorganisation) Act, 1985 shall, subject to the provisions of this Act and any regulations made thereunder, apply and have effect with all necessary adaptations in relation to the alteration of boundaries effected by subsection (1) and for that purpose, without prejudice to the generality of the foregoing, in the said articles—

(a)this Act” shall mean the Local Government (Dublin) Act, 1993;

(b)the county council” shall have the same meaning as in this Act;

(c) section 8 of this Act shall be substituted for any reference to section 10 of that Act;

(d)the excluded areas” and “the added areas” shall mean such areas as defined by section 8 of this Act;

(e) section 28 of the Electoral Act, 1992 shall be substituted for the reference to section 22 of the Electoral Act, 1963 in article 6 (3);

(f) the year 1993 shall be substituted for any reference to the year “1985”;

(g) the Table to article 11 shall accordingly apply to the years 1994 to 2003 in like manner as it applied to the years 1986 to 1995; and

(h) a reference to the county rate in that article shall be deemed to be a reference to the rate of the county council established by section 11 of this Act in whose administrative county the hereditament is situate.

(4) The Minister or any other Minister of the Government, after consultation with the Minister, may by regulations provide that, notwithstanding the alteration of boundaries effected by subsection (1) and the establishment of administrative counties by section 9

(a) any enactment (other than this Act) or any order, regulation, rule, bye-law or other instrument or agreement made wholly or partly under any such enactment for which the relevant Minister is responsible, shall, for such period as may be specified in the regulations, continue to have effect in the added areas, in the excluded areas or in any part so specified of those areas,

(b) the expressions “county borough”, “county” or “administrative county” or any analogous expression in any enactment specified in the regulations or in any such instrument or agreement so specified, shall, for such period as is so specified, continue to include (and be deemed always to have continued to include) the excluded areas and the added areas or any part so specified of any such area.

(5) The boundary between the South Dublin electoral county and the Dun Laoghaire-Rathdown electoral county as existing immediately before the establishment day shall stand altered on that day so far as is necessary to give effect to the recommendations in the reorganisation report in that respect and to correspond with such alterations as may be made pursuant to section 10 (2).

Establishment and boundaries of administrative counties.

9.(1) On the establishment day—

(a) the county shall cease to exist,

(b) the borough shall cease to exist,

(c) the electoral counties shall cease to exist, and

(d) the united district of the burial board shall cease to exist.

(2) On the establishment day the area of the county, as existing on the commencement of section 8 , shall stand divided into three administrative counties which shall each be coterminous with the area of the corresponding electoral county (as existing on such commencement) and which administrative counties shall be known respectively as—

(a) Áth Cliath Theas,

(b) Fine Gall,

(c) Dún Laoghaire-Ráth an Dúin;

or, in the English language—

(a) South Dublin,

(b) Fingal,

(c) Dun Laoghaire-Rathdown.

(3) The boundary of each of the administrative counties mentioned in subsection (2) shall be the boundary as shown on the maps prepared pursuant to section 10 .

(4) The council of a county established by section 11 may, subject to the provisions of this subsection, subsection (5) and regulations made under subsection (7), apply to the Government to make an order under subsection (6) changing the name of its administrative county from the name specified in subsection (2) to such other name as such council may specify in such application.

(5) (a) Such council shall not make such an application unless—

(i) it has first given public notice of its intention to do so and invited submissions in that regard,

(ii) considered any submissions received, and

(iii) more than one half of the total membership of the relevant council vote in favour of the resolution proposing the application.

(b) The exercise by a council of a function under this subsection, subsection (4) or subsection (9) shall be a reserved function for the purposes of the County Management Acts, 1940 to 1993.

(c) Nothing in this subsection or in subsection (4) shall be construed as restricting the exercise by such council of functions under section 5 of the Act of 1991.

(6) (a) Where an application is duly made by the council of a county under subsection (4), the Government may by order change the name of the administrative county to such other name as they think fit.

(b) An order under this subsection shall come into operation on the 1st day of January next following the expiration of six months from the date of the order.

(7) Regulations may be made by the Minister under this subsection as regards the general operation of subsections (4), (5) and (6) and such regulations may include requirements in relation to an application under subsection (4), consultation by a council with specified persons prior to the making of such application, public notice under subsection (5) (a) (i), and the giving of notice to specified persons of an order made under subsection (6).

(8) (a) Where an order is made under subsection (6) changing the name of an administrative county from its existing name to a new name, then, on and from the date on which the order comes into operation every reference in any instrument, document or map to the existing name shall be construed as a reference to the new name.

(b) A change of the name of an administrative county by an order under subsection (6) shall not affect any rights or obligations of any authority or person or render defective any legal proceedings, and any legal proceedings may be continued as if there were no change of name.

(9) Without prejudice to any other provision of this section the council of a county established by section 11 shall, not later than one year after the establishment day consider the question of the name of its administrative county.

Preparation of maps showing county boundaries.

10.(1) As soon as may be after the enactment of this Act the commissioner shall prepare for each of the proposed counties a map, in quadruplicate, drawn to such convenient scale and in such convenient number of separate sheets as the commissioner thinks fit, showing the boundaries of the proposed county and when such maps have been prepared, the commissioner shall seal each such map and shall, as soon as may be thereafter, deposit them as follows, namely, one of them in the principal office of the commissioner, another in the offices of the Minister, one in the principal office of Dublin Corporation and one in the principal office of the relevant county council when established.

(2) In preparing the said maps the commissioner shall, at the request of the Minister notwithstanding—

(a) any description in this or in any other enactment of any boundary of the city, the county or any other county, or of an electoral county, or of any alteration of such, or

(b) any such boundary as shown on any map prepared pursuant to any enactment prior to the commencement of this section,

fix the boundary of any of the proposed counties so as to avoid any minor anomaly such as the division of any building, other structure or public open space by such boundary or to bring it into conformity with any description referred to in paragraph (a).

(3) Every map deposited pursuant to subsection (1) shall be retained in the office in which it is so deposited, and each such map, or true copies thereof, shall be open for inspection free of charge at the office (other than the office of the Minister) in which it is so deposited by any person at any time at which such office is open for the transaction of public business, and it shall be lawful for the commissioner, the Corporation or the council to prepare and supply to any person requesting the same a true copy of any map so deposited or any particular part thereof and to charge for such copy such sum as the commissioner, with the consent of the Minister for Finance, or the Corporation or council may fix.

(4) It shall be the duty of the commissioner and of the Corporation and the council, respectively, whenever required so to do by any Court of Justice, to prepare and produce to the Court a true copy of the map deposited with such person pursuant to subsection (1) or any specified part thereof and to verify the copy to such Court by the oath of an officer of the commissioner, Corporation or council, and the Court shall receive the copy in evidence and thereupon the copy shall, unless the contrary is shown, be sufficient evidence of the boundary (in so far as the same is shown on the copy) of the county to which the copy purports to relate, notwithstanding any discrepancy between the copy and any other description of a boundary or any ambiguity or uncertainty in such description or in the application thereof.

Establishment of councils of administrative counties.

11.(1) On the establishment day a council shall stand established in each of the administrative counties established by section 9 and each such council shall consist of a cathaoirleach and councillors.

(2) Each of the councils established by subsection (1) shall have, so far as is consistent with this Act or any regulations made thereunder, the functions which are for the time being vested by law in the councils of administrative counties generally and such other functions as were immediately before the establishment day vested by law in the county council and, without prejudice to the generality of the foregoing, the law which for the time being applies in respect of the councils of administrative counties generally and the law which immediately before that day applied in respect of the county council in particular, shall, insofar as is consistent with this Act or any regulations made thereunder, apply to the said councils.

(3) Pending the elections to councils of counties next after the establishment day article 81 of the Local Elections Regulations, 1965 shall have effect subject to the requirement that the annual meeting of each council established by subsection (1) shall be held within the period within which the county council would have been required to hold its annual meeting if this Act had not been enacted.

(4) Article 11 of the Second Schedule to the Local Government (Reorganisation) Act, 1985 shall continue to apply, in accordance with the provisions of that article, to hereditaments to which it applied prior to the establishment day and for the purpose of such continuation a reference to the county rate in that article shall be deemed to be a reference to the rate of the county council established by section 11 in whose administrative county the hereditament is situate.

(5) Each council established by subsection (1) shall, as soon as may be after its establishment, provide itself with a seal.

Membership and cathaoirleach of county councils.

12.(1) The number of members of a council established by section 11 shall be that set out in column (2) of the Table to this subsection opposite the mention in column (1) thereof of that council.

TABLE

(1)

(2)

County Council

Number of members of council

South Dublin

26

Fingal

24

Dun Laoghaire-Rathdown

28

(2) The persons who immediately before the establishment day were members of the area committee for South Dublin, Fingal or Dun Laoghaire-Rathdown shall be regarded for all purposes as having been elected to the council of the relevant administrative county and shall on that day become and be members of that council and the chairman of the area committee shall become and be the cathaoirleach of that council.

(3) (a) As soon as may be after the making of an order under section 7 the person who is to be cathaoirleach of the relevant council shall, following consultation with the area manager for that committee, fix a day, being a day not later than ten days after the establishment day, to be the day of the first meeting of that council.

(b) If for any reason the day of the first meeting of such council is not fixed, or having been fixed such meeting is not held, the meeting shall be held on such day as the Minister may fix.

Provisions relating to management.

13.(1) On the establishment day there shall stand established an office of county manager in respect of each of the counties established by section 9 and a person who, immediately before that day, held in a permanent capacity an office of area manager shall, in pursuance of section 22 of the Act of 1991, stand appointed to the office of county manager for the appropriate county and shall accordingly be a manager for the purposes of the County Management Acts, 1940 to 1993.

(2) For the purposes of section 47 (1) of the Act of 1991 and notwithstanding the provisions of section 47 (2) of the said Act a period served in an office of county manager referred to in subsection (1) by a person appointed to such office by virtue of that subsection shall be deemed to exclude the period served by the person concerned in the office of area manager provided that the person concerned sends a written communication signifying agreement to such exclusion to the Minister within a period of six months from the commencement of this section.

(3) On the establishment day a person then holding, whether in a permanent or a temporary capacity—

(a) the office of Dublin City Manager and Town Clerk and the office of Dublin County Manager, shall cease to hold the latter office,

(b) an office of Dublin Assistant City Manager and an office of Assistant County Manager for County Dublin, shall cease to hold the latter office.

(4) The cesser of office of any person by virtue of subsection (3) shall not qualify him for any superannuation allowance, gratuity or like benefit but the remuneration of such a person shall not be reduced by virtue of such cesser of office during his continuance in the office of Dublin City Manager or the office of Dublin Assistant City Manager.

(5) On the establishment day, the office of Dublin County Manager and the offices of Assistant County Manager for County Dublin (including the three offices created by section 21 of the Act of 1991) shall be abolished and cease to exist.

(6) (a) As soon as may be after the establishment day there shall be paid to Dublin Corporation by South Dublin, Fingal and Dun Laoghaire-Rathdown County Councils the sum for which, but for this Act, Dublin County Council would have been liable pursuant to section 14 (3) and (4) of the County Management Act, 1940 in respect of the local financial year immediately preceding such day.

(b) South Dublin, Fingal and Dun Laoghaire-Rathdown County Council shall, respectively, be liable for such portion of the sum referred to in paragraph (a) as may be agreed between such councils and Dublin Corporation or, in default of agreement, as may be determined by the Minister, or by a person appointed by the Minister for that purpose.

Expenditure prior to adoption of estimates.

14. Section 14 (2) of the Local Government (Financial Provisions) Act, 1978 , shall apply to each council established by section 11 for the local financial year in which that council is established as if the reference to expenditure or liability incurred in a previous financial year were to such portion of the expenditure of the county council as would have related to each such council and in the case of Dun Laoghaire-Rathdown the said portion with the addition of the expenditure of Dun Laoghaire Corporation and the burial board.

PART III

Dissolution of Certain Bodies and Consequential Provisions

Dissolution of certain bodies.

15.(1) On the establishment day the county council shall be dissolved and cease to exist and thereupon Dun Laoghaire-Rathdown, Fingal and South Dublin County Councils shall, subject to the provisions of this Part and the Second Schedule , become and be the successors of the county council, each (so subject) in respect of such part of the county as becomes its administrative county.

(2) On the establishment day Dun Laoghaire Corporation and the burial board shall each be dissolved and cease to exist and thereupon Dun Laoghaire-Rathdown County Council shall, subject to the provisions of this Part and the Second Schedule , become and be the successor of those bodies.

(3) On the establishment day the councils of the electoral counties (established by section 13 (1) of the Local Government (Reorganisation) Act, 1985 ) and the area committees shall each be dissolved and cease to exist.

Provisions consequential on dissolutions.

16.(1) The provisions contained in the Second Schedule shall (so far as may be appropriate) apply in relation to the dissolutions effected by section 15 (1) and (2) and the succession to bodies thereby dissolved of the South Dublin, Fingal and Dun Laoghaire-Rathdown County Councils, as determined in accordance with and subject to the schemes made pursuant to the Regulations of 1993.

(2) (a) Every scheme made pursuant to the provisions of the Regulations of 1993 shall, subject to paragraph (b), be final and conclusive and, accordingly, shall be enforceable by any or all of South Dublin, Fingal and Dun Laoghaire-Rathdown County Councils and by Dublin Corporation (so far as any particular scheme may apply to such Corporation) against any or all of such councils or Corporation.

(b) Any such scheme may, on or after the establishment day, be amended or otherwise modified as if such amended or modified scheme were a new scheme prepared under the said regulations.

(3) Where any matter or thing arising from, or in relation to, or otherwise connected with, a dissolution effected by section 15 (1) or (2) requires to be adjusted in consequence of such dissolution or where the Minister considers it appropriate that specified arrangements should apply in relation to such matter or thing and no provision for such adjustment or arrangements is otherwise made by this Act the Minister may by order make such adjustment or arrangements and the order shall have effect accordingly.

Transfer of staff of dissolved bodies.

17.(1) Every officer of a dissolved body shall, on the establishment day, in accordance with such designation as is made or deemed to be made under article 8 of the Regulations of 1993, transfer to and become an officer of the county council established by section 11 to which the officer is so designated or deemed to be so designated for transfer. Every office held by such an officer shall be deemed to become an office under the county council to which its holder is so designated or deemed to be so designated for transfer.

(2) Every office of a dissolved body, which is vacant on the establishment day, and to which it is proposed to make an appointment shall, on the establishment day, in accordance with article 8 (3) of the Regulations of 1993, transfer to and become an office under the county council to which its appointee is so designated for transfer. A person appointed to such an office shall, on appointment, become an officer of the county council to which the office was, on the establishment day, transferred.

(3) Every employee of a dissolved body, not being an officer of such dissolved body shall, on the establishment day, in accordance with such designation as is made or deemed to be made under article 8 of the Regulations of 1993, transfer to and become an employee of the county council established by section 11 to which the employee is so designated or deemed to be so designated for transfer.

(4) Where on or before the establishment day it is proposed to appoint a person as an employee pursuant to article 8 (3) of the Regulations of 1993, such person shall, on appointment, become an employee of the county council specified in the designation made under the aforementioned article.

(5) Every contract of service express or implied which is in force immediately before the establishment day between a dissolved body and any person to whom subsection(3) applies shall continue in force on and after the establishment day, but shall be construed and have effect as if the county council by which the person so becomes employed were substituted therein for such dissolved body, and every such contract shall be enforceable by or against such county council accordingly.

(6) The provisions of the Second Schedule relating to contracts shall not apply to a contract of service to which subsection (5) applies.

(7) For the purposes of any enactment relating to superannuation, the office of an officer who on the establishment day was an officer of a dissolved body shall be deemed not to have been abolished.

(8) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, an officer or employee of a dissolved body who is transferred pursuant to this section to a county council established by section 11 shall not, while in the service of that council receive a lesser scale of pay or be brought to less beneficial conditions of service than the scale of pay to which the officer or employee was entitled and the conditions of service to which that person was subject immediately before the establishment day.

(9) Notwithstanding section 6 (1) of the Local Authorities (Officers and Employees) Act, 1926 a county council established by section 11 may appoint a person within a period of five years from the establishment day, to an office to which the said Act applies other than an office of county manager, provided that the person concerned was the subject of a designation made or deemed to be made pursuant to article 8 (1) of the Regulations of 1993 and already holds in a permanent and pensionable capacity a similar office with one of the other two county councils established by section 11 .

(10) For the purposes of subsection (9)similar office” means an office carrying the same title and to which the same qualifications and particulars of office apply.

PART IV

Consequential Adjustments to Other Codes

Eastern Health Board.

18.(1) Each of the councils established by section 11 shall at its inaugural meeting appoint three members to the Eastern Health Board.

(2) The said members shall come into office on the day following the day of the making of the last such appointment.

(3) Notwithstanding the dissolution of the borough corporation and the county council the persons appointed as members of the Eastern Health Board by those bodies shall continue to hold office until the coming into office of the persons appointed pursuant to subsection (1).

(4) Article 4 (2) of the Health Boards Regulations, 1970 (S.I. No. 170 of 1970) is hereby amended by the substitution for the words “of Dublin” of the words “of South Dublin, Fingal, Dun Laoghaire-Rathdown,”.

(5) Article 4 (3) of the Health Boards Regulations, 1970 is hereby amended by the substitution for the words “thirty five” of the words “thirty eight” and by the deletion in paragraph (a) of the said article of the words “four members appointed by the Council of the County of Dublin, two members appointed by the Corporation of Dun Laoghaire,” and the insertion in their place of the words “three members appointed by each of the Councils of the Counties of South Dublin, Fingal and Dun Laoghaire-Rathdown,”.

(6) The persons appointed pursuant to subsection (1) shall (subject to death, resignation or becoming disqualified) hold office until the day after their successors have been appointed at the annual meeting of the relevant county council held next after the elections to councils of counties occurring next after the enactment of this Act.

(7) A person who would cease to hold office pursuant to subsection (3) by virtue of the dissolution of the borough corporation and the county council shall be eligible for appointment under subsection (1).

Vocational education committees.

19.(1) Notwithstanding the provisions of section 6 of the Vocational Education Act, 1930 and of this Act the County Dublin and The Borough of Dun Laoghaire Vocational Education committees shall continue to exist and all persons elected to those committees prior to the establishment day shall continue to hold office for the period for which they would have held such office if this Act had not been enacted.

(2) Notwithstanding the provisions of section 7 of the Vocational Education Act, 1930 the County Dublin Vocational Education Committee shall continue to be so styled and known and The Borough of Dun Laoghaire Vocational Education Committee shall be styled and known as the Dun Laoghaire Vocational Education Committee.

(3) Nothing in this Act shall be deemed to alter the vocational education areas of the said committees.

(4) Pending the next elections to councils of counties, the Minister for Education may, by regulations, make such arrangements in relation to the continuation of the said committees as are considered appropriate including arrangements for the filling of casual vacancies and such modifications of the Vocational Education Acts, 1930 to 1970, as are considered necessary.

Higher education grants.

20.(1) On and from the establishment day, schemes carried out by the county council in accordance with the provisions of the Local Authorities (Higher Education Grants) Acts, 1968 to 1992 shall have effect in respect of South Dublin, Fingal and Dun Laoghaire-Rathdown County Councils with such modifications as may be necessary and shall be carried out by such councils accordingly.

(2) The Minister for Education may by regulations make such arrangements as are, in the opinion of that Minister, appropriate for carrying this section into effect.

School attendance committee.

21.(1) On the establishment day, the borough area shall become and be a school attendance area for the purposes of the School Attendance Acts, 1926 to 1967, and there shall accordingly be a school attendance committee for that area which shall be the successor of committees which existed before that day.

(2) Notwithstanding the provisions of the School Attendance Acts, 1926 to 1967, or any order made under those Acts—

(a) the members of the school attendance committees for school attendance areas in the borough immediately prior to the establishment day, shall on such day become and be the members of the committee referred to in subsection (1), and

(b) the said members shall (subject to death, resignation or otherwise ceasing to hold office) continue in office until the expiry of the period for which they were appointed and for that period the provisions of the said Acts as to the filling of casual vacancies shall cease to apply and have effect in respect of that committee.

(3) The provisions of the School Attendance Acts, 1926 to 1967 shall apply to the said committee and to all appointments to be made to that committee subsequent to those to which subsection (2) applies in like manner as they apply to other school attendance committees.

Governing Body of University College Dublin.

22.(1) Clause VII of the Charter of University College Dublin, which provides for the election of a member of the Governing Body of the College by Dublin County Council is hereby amended by the substitution in subclause (4), for the reference to that Council, of a reference to Dun Laoghaire-Rathdown County Council and references in the Statutes of the College to the former council shall be construed accordingly.

(2) Notwithstanding subsection (1) a person elected by the county council in accordance with the said statutes in the year prior to the establishment day to be a member of the Governing Body shall in accordance with those statutes become and be a member of that body and shall hold office accordingly.

Coroners.

23.(1) The area comprised in the coroners district of the county, as existing immediately before the establishment day, shall on and from that day and notwithstanding any provision of this Act or of the Coroners Act, 1962 , continue to constitute a coroners district.

(2) The coroner for the district referred to in subsection (1) shall be appointed and remunerated by Dun Laoghaire-Rathdown County Council.

(3) The persons who immediately before the establishment day held the offices of coroner and deputy coroner for the district referred to in subsection (1) shall, subject to the provisions of this section and of the Coroners Act, 1962 , on and from that day continue to hold those offices.

(4) (a) Dun Laoghaire-Rathdown County Council shall be entitled to recover from South Dublin County Council and Fingal County Council in respect of every local financial year a proportion of its total expenditure in that year arising from its liabilities under the Coroners Act, 1962 .

(b) The said proportions shall be as agreed between the said councils or in default of agreement shall be as determined by a person jointly appointed by the county managers for that purpose.

(5) The provisions of this Act shall be deemed not to alter the area comprised in the coroners district of the city.

Sheriff.

24.The provisions of this Act shall be deemed not to alter the area of jurisdiction of the Sheriff for the county of Dublin or the area of jurisdiction of the Sheriff for the county borough of Dublin as existing immediately prior to the establishment day.

High Court Circuits.

25.On and from the establishment day references to the county of Dublin in sections 33 and 34 of the Courts of Justice Act, 1936 , section 13 of the Courts (Supplemental Provisions) Act, 1961 , and the High Court Circuits Order, 1937 (S.R. & O., No. 295 of 1937) shall be construed as references to the counties of South Dublin, Fingal and Dun Laoghaire-Rathdown.

Circuit Court Circuit.

26.On and from the establishment day the Dublin Circuit Court Circuit shall consist of the county borough of Dublin and the counties of South Dublin, Fingal and Dun Laoghaire-Rathdown and a reference to the Dublin Circuit in the Courts (Supplemental Provisions) Acts, 1961 to 1991, shall be construed accordingly.

Dublin Metropolitan District Court.

27.Notwithstanding the provisions of this Act the area of jurisdiction of the District Court for the Dublin Metropolitan District as determined by the Minister for Justice under the powers conferred by section 26 of the Courts of Justice Act, 1953 and provided for by the District Court Districts (Dublin) Order, 1945 (S.R. & O., No. 279 of 1945) as amended by the District Court Districts (Dublin) (Amendment) Order, 1982 (S.I. No. 88 of 1982) shall on and from the establishment day continue unaltered.

Jury districts.

28.On and from the establishment day section 5 (1) of the Juries Act, 1976 , is hereby amended by the deletion of the two references to Dublin and by the addition of the words “and the county borough of Dublin and the counties of South Dublin, Fingal and Dun Laoghaire-Rathdown shall form one jury district”.

Courthouses.

29.On and from the establishment day section 7 (2) of the Courthouses (Provision and Maintenance) Act, 1935 , is hereby amended by the substitution for the words “of Dublin” of the words “of South Dublin”.

Weights and measures.

30.(1) The counties of Fingal, South Dublin and Dun Laoghaire -Rathdown shall be local authorities for the purposes of the Weights and Measures Acts, 1878 to 1961.

(2) For the purposes of subsection (1), the provisions of the Weights and Measures Acts, 1878 to 1961, shall, in relation to the appointment of inspectors and the enforcement of those Acts, continue to apply and to have effect in relation to the borough area and the remaining area of the administrative county of Dun Laoghaire-Rathdown to the same extent as before the establishment of that county.

Veterinary services.

31.Notwithstanding section 35 (4) of the Abattoirs Act, 1988 , an agreement for the purposes of that Act under section 59 of the Local Government Act, 1955 , may in the case of the councils established by section 11 be entered into by those three councils.

PART V

Miscellaneous

Duty of principal authorities to consult and to have regard to certain interests.

32.(1) It shall be the duty of a principal authority in formulating its policies and in preparing and carrying out its functional programmes to have regard to the overall interests of the combined administrative areas of the principal authorities and their inhabitants (in this section referred to as the “metropolitan interest”) and—

(a) to take all appropriate steps to ensure the proper coordination of such of their policies and programmes, including development plans, as are likely to have a material effect on the metropolitan interest with such policies and programmes of the other principal authorities, and

(b) to ensure that appropriate policies and programmes are put in place and implemented where such is necessary in order to promote the metropolitan interest.

(2) In exercising any function which has, or may have, a material effect on the metropolitan interest, a principal authority shall have regard as may be necessary for the purposes of subsection (1) to relevant conditions and needs existing in the administrative areas of the other principal authorities and of the policies and programmes of such authorities relating to such conditions and needs.

(3) Without prejudice to the provisions of subsections (1) and (2) a principal authority shall in the exercise of any function which has, or may have, a material effect on the metropolitan interest, have regard to any report, strategy, assessment, study, recommendation, submission or other written statement of the Dublin or of the Mid East regional authority (established under section 43 of the Act of 1991) which may have a bearing on such interest or of any such joint statement of those regional authorities and an outline of any such statement or joint statement shall be included in the annual report, under section 50 of the Act of 1991, of a principal authority.

(4) The principal authorities shall exchange such information and conduct such consultations with each other as may be necessary for the purposes of subsection (1) and the managers of those authorities shall make, and review from time to time, such organizational, procedural and other arrangements as may be necessary for these purposes and to facilitate compliance with the duties imposed by this section.

(5) Each principal authority shall include in its annual report under section 50 of the Act of 1991 details of the steps taken and the arrangements made in pursuance of this section, and generally of the discharge of the duties imposed by it and their general effectiveness.

(6) Every enactment relating to a function of a local authority shall be construed and have effect subject to the provisions of this section.

(7) A principal authority may hold such joint meetings of members of the authority and other principal authorities or local authorities as may be necessary for the purposes of this section.

Maintenance of branch water pipes.

33.(1) A principal authority may do any or all of the following, that is to say, provide, lay down, renew or maintain the branch pipe or any particular part of the branch pipe by means of which a supply of water is conveyed from a water main up to the curtilage of any premises being served by such branch pipe.

(2) A principal authority in carrying out any works under this section—

(a) may, where the works consist of renewal or maintenance, require the payment to the authority, by any party who may be held responsible for damage to or disrepair of the branch pipe, of an amount equal to the whole or part of the cost of the work, or obtain the agreement of the owner or other responsible party to such payment,

(b) may, where the works consist of a new connection of any premises to a water main, require the payment to the authority by the owner of the premises of an amount equal to the whole or part of the cost of the work or obtain the agreement of the owner to such payment.

(3) In case of default of payment under subsection (2) a principal authority may recover the payment as a simple contract debt in any court of competent jurisdiction.

(4) A charge under subsection (2) may be waived in whole or in part by a principal authority where such charge would in the opinion of the authority be likely to cause hardship.

Transfer of responsibility for supply of water in certain areas.

34.(1) On and from the establishment day Dun Laoghaire-Rathdown County Council shall become and be responsible for the local water supply network in, and for the supply of water to consumers in, such districts as are designated and referred to as extra-municipal districts by section 10 of the Dublin Corporation Waterworks Act, 1861 and which are situate in its administrative county.

(2) (a) The city manager and the Dun Laoghaire-Rathdown county manager shall jointly make a scheme setting out proposals (including financial arrangements so far as considered appropriate) to provide for the transfer from the Corporation to the said county council of the local water supply network (including land, pipes, equipment and structures and other things and interests and rights associated therewith) in or related to such districts and in relation to the supply of water to the said network.

(b) The preparation of such scheme shall be commenced as soon as may be after the enactment of this Act by the city manager and the area manager so as to ensure that the scheme can be made as soon as possible thereafter and in any event not later than 6 months after the establishment day or such longer period as the Minister may allow.

(c) Such scheme shall be submitted to the Minister, who may having considered it, by regulations make appropriate provisions to give effect to or to facilitate the transfer.

(3) Without prejudice to the generality of subsection (2) (c), such regulations may include provisions—

(a) similar to any of those in the Third Schedule ,

(b) in relation to any matter related to, connected with or arising by reason of the transfer, and

(c) to adapt with appropriate modifications any provision of the Dublin Corporation Waterworks Act, 1861, the Local Government (Sanitary Services) Acts, 1878 to 1964 and any other enactment relating to the supply of water.

(4) Pending the coming into effect of a transfer pursuant to subsection (2) the Corporation shall continue to supply water to the said network and to maintain it on behalf of the said county council.

(5) For the avoidance of doubt it is hereby declared that the local water supply network (including land, pipes, equipment and structures and other things and rights associated therewith) in such districts of the county of South Dublin as are designated and referred to as extra municipal districts by section 10 of the Dublin Corporation Waterworks Act, 1861, and for which prior to the establishment day the county council had operational responsibility shall on that day vest in and become the responsibility of South Dublin County Council.

Rationalisation of responsibilities for certain dwellings and land.

35.(1) The provisions of this section and Part I of the Third Schedule shall have effect in relation to transfers of dwellings, land, interests and other matters to which that Part applies between principal authorities.

(2) The provisions of this section and Part II of the Third Schedule shall have effect in relation to transfers of land to which that Part applies from Dublin Corporation to the other principal authorities.

(3) The Minister may by regulations make such provision as appears to be necessary or expedient for the purposes of, or to give full effect to or to facilitate—

(a) transfers of dwellings, buildings, land, works, services, interests, officers and employees or any other things pursuant to, or arising from a scheme under the Third Schedule ,

(b) the making and implementation of transitional arrangements in relation to such transfers,

(c) such specified arrangements in relation to the performance of any function by a principal authority under the Housing Acts, 1966 to 1992 (including the provision of dwellings by an authority for letting to persons designated by another authority) as are in the opinion of the Minister appropriate arising from or as a consequence of this section and the Third Schedule or of any other provision of this Act,

(d) the co-ordination of housing services by the principal authorities, the general operation of this section and the Third Schedule (including specified conditions as to the preparation and operation of a scheme under that Schedule) and provisions in respect of any matter or thing which arises by virtue of or is affected by such co-ordination or operation or to remove any difficulty in that regard.

Termination of bridge demand.

36.(1) This section applies to bridges and quay walls in respect of which Dublin Corporation and the county council were liable to make payments to the Dublin Port and Docks Board on foot of demands furnished by that Board under the Dublin Port and Docks (Bridges) Act, 1929 , in this section referred to as “the Act of 1929”.

(2) On the commencement of this section and notwithstanding the provisions of the Act of 1929—

(a) Dublin Corporation shall become and be responsible for the maintenance of the said bridges and quay walls;

(b) expenses arising pursuant to paragraph (a) shall be defrayed by Dublin Corporation out of the municipal fund of the city of Dublin;

(c) all liabilities for payments to the Dublin Port and Docks Board by Dublin Corporation and the county council in relation to the said bridges and quay walls shall cease;

(d) the provisions of the Act of 1929 relating to the bridge rate and the bridge rate area shall cease to have effect.

Amendment of section 63 of Local Government (Dublin) Act, 1930.

37. Section 63 of the Local Government (Dublin) Act, 1930 is hereby amended by the insertion after subsection (3) of that section of the following subsection:

“(3A) For the purposes of the application by subsection (3) of this section of the law relating to the collection and recovery of rates, a reference in section 152 of the Grand Jury (Ireland) Act, 1836, as incorporated by section 73 of the Poor Relief (Ireland) Act, 1838, to a notice subscribed with the name and abode of the collector shall mean and be deemed always to have meant the name and office or place of residence (including the dwelling house) of the collector; and reference to the money demanded being paid to the collector at his house or office shall be satisfied if the said money be paid at such place as is specified in the notice in that behalf.”.

Transfer of certain staff of Dun Laoghaire-Rathdown County Council to Dublin Corporation.

38.(1) Where an agreement is made under the provisions of section 59 of the Local Government Act, 1955 between Dublin Corporation (in this section “the corporation”) and Dun Laoghaire-Rathdown County Council (in this section “the county council”) in relation to the performance by the corporation on behalf of the county council of its fire authority functions then, notwithstanding the provisions of section 17 , the Dun Laoghaire-Rathdown County Manager and the Dublin City Manager may jointly designate by order for transfer to the service of the corporation officers and employees of the county council whose principal duties relate to functions which are the subject of such agreement.

(2) The managers may not designate an officer or employee under subsection (1) without having given written notification to the officer or employee concerned of the intention to do so and considered any representations made in relation to the matter within such time as may be specified in the notification.

(3) Every officer of the county council who is the subject of a designation under subsection (1) shall, on the coming into operation of the agreement referred to in subsection (1), transfer to and become an officer of the corporation. Every office held by such an officer shall be deemed to become an office under the corporation.

(4) Every employee of the county council, not being an officer of such county council, who is the subject of a designation under subsection (1) shall, on the coming into operation of the agreement referred to in subsection (1), transfer to and become an employee of the corporation.

(5) Every contract of service express or implied which is in force immediately before the coming into operation of such an agreement between the county council and any person to whom subsection (4) applies shall continue in force on and after the coming into operation of the aforementioned agreement but shall be construed and have effect as if the corporation was substituted therein for the county council and every such contract shall be enforceable by or against the corporation accordingly.

(6) The provisions of the Second Schedule relating to contracts shall not apply to a contract of service to which subsection (5) applies.

(7) For the purposes of the enactments relating to superannuation, the office of an officer who, on the coming into operation of the aforementioned agreement, was an officer of the county council shall be deemed not to have been abolished.

(8) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, an officer or employee who is transferred pursuant to this section to the corporation shall not, while in the service of the corporation receive a lesser scale of pay or be brought to less beneficial conditions of service than the scale of pay to which the officer or employee was entitled and the conditions of service to which the officer or employee was subject immediately before the coming into operation of the aforementioned agreement.

Regulations in relation to the borough area.

39.(1) In this section “the appropriate Minister” means the Minister of the Government who is the responsible Minister in respect of a particular enactment.

(2) (a) The appropriate Minister may in relation to any provision of any enactment in force in or in relation to the borough immediately prior to the establishment day by regulations provide for—

(i) its continuation in effect in the borough area with such modifications and adaptations as may be considered appropriate, for such period as may be specified,

(ii) its application with such modifications and adaptations as may be considered appropriate to any or all or part or parts of the counties of South Dublin, Fingal and Dun Laoghaire-Rathdown, and

(b) in the case of any provision of any enactment not in force in or in relation to the borough immediately prior to the establishment day and which by virtue of section 9 (2) will apply in or in relation to the county of Dun Laoghaire-Rathdown (including the borough area) the appropriate Minister may in relation to such provision by regulations provide for—

(i) its application to the borough area with such modifications or adaptations as may be considered appropriate,

(ii) its non-application to the borough area for such period as may be specified.

(3) Notwithstanding the provisions of section 21 , the Minister for Education may make regulations under subsection (2) (a) (ii) in respect of the School Attendance Acts, 1926 to 1967 and such regulations may make such arrangements as may be considered necessary for that purpose including alteration of the arrangements made by the said section 21 .

(4) No regulations may be made under this section after the expiration of two years from the establishment day.

Agreed boundary adjustments.

40.(1) If not later than two years after the establishment day a proposal for the alteration of the boundary between the administrative areas of any two of the principal authorities is agreed by those authorities and submitted to the Minister, the Minister may by regulation alter such boundary.

(2) Regulations under this section may include provisions to the same effect or similar to any provision of the Local Government Acts, 1925 to 1993 in respect of the alteration of boundaries or of any particular boundary or which may be included in any order or regulation under those Acts in relation to such alteration.

(3) Nothing in this section shall be construed as restricting the operation of the provisions of any other enactment in relation to the alteration of boundaries.

(4) An agreement under subsection (1) shall be a reserved function for the purposes of the County Management Acts, 1940 to 1993 and where appropriate, for the purposes of the Local Government (Dublin) Acts, 1930 to 1993.

FIRST SCHEDULE

Enactments Repealed and Regulations Revoked

Section 4 .

Part I

Enactments Repealed

Session and Chapter or Number and Year

Short Title

Extent of Repeal

62 & 63 Vict., c.34

Local Government Board (Ireland) Provisional Order Confirmation (No. 4) Act, 1899.

The whole Act.

No. 27 of 1930

Local Government (Dublin) Act, 1930 .

In section 1 the definitions of “the Borough”, “the Borough Corporation”, “the Borough Council”, “the Borough Manager”, “the Chairman” and the “borough election”.

Sections 2, 3, 4, 5, 6, 8, 14, 15, 16, 20, 21, 22, 23, 24, 25, 26, 27, 29, 32 (4) and (5), 33, 40 (3) and (4), 42 (1), 43, 44, 45 (4), 46 (3), 49, 53 (1) and (2), 69 (3), 70, 72 (2) and (3), 74, 78, 81, 82, 83, 84, 85, 87, 88, 90, 91, 92, 93, 97, 100, 103 (2) and 104.

No. 15 of 1931

Tourist Traffic (Development) Act, 1931 .

Section 5 (c).

In section 5 (d) the words “and the borough of Dun Laoghaire”.

No. 25 of 1931

Local Government (Dublin) (Amendment) Act, 1931 .

The whole Act.

No. 27 of 1931

Betting Act, 1931 .

In section 11 (1) (m) the words “or in the Borough of Dun Laoghaire”.

No. 10 of 1935

Local Government (Dublin) Act, 1935 .

The whole Act.

No. 17 of 1935

Pounds (Provision and Maintenance) Act, 1935 .

In section 11 (1) (a) the words “and of the borough of Dun Laoghaire”.

No. 18 of 1935

Courthouses (Provision and Maintenance) Act, 1935 .

Section 7 (3) and (4).

In section 13 (1) (a) the words “and of the borough of Dun Laoghaire” and in section 13 (1) (c) the words “but, in the case of the County of Dublin, exclusive of the borough of Dun Laoghaire”.

Section 13 (3).

No. 40 of 1936

Air Navigation and Transport Act, 1936 .

In section 50 (b) the words “or the borough of Dun Laoghaire”.

No. 12 of 1940

County Management Act, 1940 .

Section 1 (2) (a), (b), (c) and (d).

In section 1 (3) the words “the Rathdown Board of Assistance, the Balrothery Board of Assistance”.

Section 3 (3).

In section 5 (2) the words “(other than the county of Dublin)” and in section

5(3) the words “(other than the county borough of Dublin)” and the words “(other than the county of Dublin)”.

Section 9 (1).

In section 9 (5) and (8) the word “Dublin”.

Section 10 (2), (3) (e), (4) and (5).

In section 11 (3) the words “(other than the county of Dublin)”.

Section 11 (4).

Section 12.

Section 14.

In section 33 (1) and (2) the words “(other than the borough of Dun Laoghaire)” and in section 33 (5) (c) the words “(except in the case of the borough of Dun Laoghaire)”.

Section 40.

In paragraph 14 of the Second Schedule the words “or in the case of the borough of Dun Laoghaire, the chairman of the borough”.

No. 21 of 1940

Local Government (Dublin) (Amendment) Act, 1940 .

The whole Act.

No. 23 of 1941

Local Government Act, 1941 .

In section 34 (1) the words “the borough of Dun Laoghaire or”.

Section 35 (1).

In section 36 the words “not being the borough of Dun Laoghaire”.

No. 13 of 1942

County Management (Amendment) Act, 1942 .

Section 7 .

No. 8 of 1945

Local Government (Dublin) Act, 1945 .

Sections 5 , 6 , 7 , 8 and 9 .

No. 30 of 1945

Local Authorities (Acceptance of Gifts) Act, 1945 .

In section 4 (2) (b) (ii) (I) the words “or the borough of Dun Laoghaire”. In clause III of the said subparagraph (ii) the words “or the borough of Dun Laoghaire”.

No. 24 of 1946

Local Government Act, 1946 .

Section 24 .

No. 10 of 1953

Local Government (Dublin) (Amendment) Act, 1953 .

The whole Act.

No. 12 of 1955

City and County Management (Amendment) Act, 1955 .

Section 5 (7), (8) and (10) (b).

Section 12 (2) (b).

Section 14.

Section 18 (6) (a), (7) (a) and (7) (b).

In section 18 (7) (c) the words “other than the Dublin Corporation”.

Section 22.

No. 19 of 1965

Local Elections Act, 1965 .

Section 6 (2).

No. 1 of 1970

Health Act, 1970 .

In section 4 (3) the words “and, in the appropriate case, the Corporation of Dun Laoghaire shall be a relevant local authority”.

In section 4 (4) the reference to the Corporation of Dun Laoghaire.

In section 7 (3) the words “and, where appropriate, the Dun Laoghaire Borough Council”.

In section 7 (4) the reference to the Corporation of Dun Laoghaire.

Section 32 (9).

In section 84 (2) the words “the council of the county of Dublin”.

Rule 1 (3) of the Second Schedule.

In Rule 2 (1) of the Second Schedule the words “or the Dun Laoghaire Borough Council,”.

Rule 4 of the Second Schedule.

In Rule 9 (2) of the Second Schedule the words “or by the Corporation of Dun Laoghaire” and the words “or the Dun Laoghaire Borough Council”.

In Rule 11 (2) of the Second Schedule the words “or by the Corporation of Dun Laoghaire” and the words “or the Dun Laoghaire Borough Council”.

No. 1 of 1977

Local Government (Water Pollution) Act, 1977 .

In section 1 (1) paragraphs (a) and (b) of the definition of “local authority” and in paragraph (d) the word “others”. In the definition of “reserved function” in the same section, the words “or the Corporation of Dun Laoghaire”.

No. 30 of 1981

Fire Services Act, 1981 .

Section 9 (1) (c).

Section 35(1).

In section 35 (2) the word “other”.

No. 7 of 1985

Local Government (Reorganisation) Act, 1985 .

Sections 12 (1), 12 (1A), 13 , 15 , 16 and 25 (3) and (4). Sections 26 and 29 .

Sections 26 and 29.

No. 32 of 1986

Control of Dogs Act, 1986 .

In section 1 , paragraphs (a) and (b) of the definition of “local authority” and in paragraph (d) the word “other”.

No. 6 of 1987

Air Pollution Act, 1987 .

In section 7 (1), paragraphs (a) and (b) of the definition of “local authority” and in

paragraph (d) the word “other”. In the definition of “reserved function” in the same section, the words “or the corporation of Dun Laoghaire”.

No. 7 of 1989

Safety, Health and Welfare at Work Act, 1989 .

In section 2 (1), paragraph (c) of the definition of “local authority”.

No. 3 of 1990

Building Control Act, 1990 .

In section 2 (1), paragraph (c) of the definition of a “building control authority”.

Section 20(1).

In section 20 (2) the word “other”.

No. 11 of 1991

Local Government Act, 1991 .

Section 26 .

No. 7 of 1992

Environmental Protection Agency Act, 1992 .

In section 3 (1), paragraphs (a) and (b) of the definition of “local authority”.

No. 18 of 1992

Housing (Miscellaneous Provisions) Act, 1992 .

Section 23 (2) (a).

Part II

Regulations Revoked

Number and Year

Short Title

Extent of Revocation

S.I. No. 128 of 1965

Local Elections Regulations, 1965.

In article 77 (1) and (2) the words “(other than the borough of Dun Laoghaire)” and in article 77 (4) the words “or the borough of Dun Laoghaire”.

SECOND SCHEDULE

Provisions Consequential on Dissolutions Effected by Part III

Sections 15 and 16 .

Transfer of Assets.

1. (1) All assets, whether real or personal (including choses-in-action) which, immediately before the establishment day, were vested in or belonged to or were held in trust for any of the dissolved bodies and all rights, powers, licences and privileges relating to or connected with any such assets shall, on the establishment day, without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company, be transferred to, (as shall be determined pursuant to a scheme under article 5 of the Regulations of 1993) and become and be vested in or the property of or held in trust for (as the case may require) the successor or successors of such dissolved body, or Dublin Corporation, as the case may require, for all the estate, term or interest for which the same, immediately before their dissolution, was vested in or belonged to or was held in trust for such dissolved body but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

(2) Any asset transferred by this article which, immediately before the establishment day, was standing in the books of any bank or was registered in the books of any bank, corporation, or company in the name of a dissolved body shall, upon the request of the body to which such asset was transferred, at any time on or after the establishment day, be transferred in such books by such bank, corporation or company into the name of the body to which the asset was transferred.

(3) On and from the establishment day, every chose-in-action transferred in accordance with the provisions of this article may be sued upon, recovered or enforced by the body to which it was transferred in its own name, and it shall not be necessary for such body to give notice to the person bound by such chose-in-action of the transfer effected by this article.

(4) Any asset, right, power, licence or privilege which becomes vested in or the property of or held in trust for a principal authority by virtue of sub-article (1) may, on or after the establishment day, be conveyed or transferred by any such authority to any of the other such authorities by order of the manager of that authority and every such order shall operate as an effective conveyance or transfer of such asset, right, power, licence or privilege, according to the terms of such order.

(5) Section 12 of the Finance Act, 1895 shall not apply to any transfer effected by or under this article.

Transfer of liabilities.

2. (1) Every debt and other liability (including stock and mortgage debts, and unliquidated liabilities arising from torts or breaches of contract) which immediately before the establishment day was owing and unpaid or had been incurred and was undischarged by any of the dissolved bodies, shall, on that day, as shall be determined pursuant to a scheme under article 6 of the Regulations of 1993, become and be, the debt or liability of the successor or successors of such dissolved body, or Dublin Corporation, as the case may require, and shall be paid or discharged by and may be recovered from or enforced against each such successor or Corporation accordingly.

(2) Every debt the liability for which is transferred by this article shall, on and after the establishment day, be charged on the county fund and the county rate of the successor to which such debt is transferred and in the case of Dublin Corporation on the municipal fund and the municipal rate.

(3) A dissolution under this Act shall not invalidate or otherwise affect any payable order or cheque issued by a dissolved body and which is not presented for payment before the establishment day or any authority given by a dissolved body for the payment of the amount of a paying order, and the body to which the debts and liabilities of a dissolved body are transferred in accordance with the provisions of this article shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the establishment day.

Preservation of continuing contracts.

3. Every bond, guarantee or other security of a continuing character made or given by any of the dissolved bodies to another person or by any person to any of the dissolved bodies and in force immediately before the establishment day and every contract or agreement in writing made between any of the bodies and another person and not fully executed and completed before the establishment day shall, notwithstanding the dissolution of such dissolved body, continue in force on and after the establishment day but shall be construed and have effect as if the name of the successor or successors of such dissolved body were substituted therein for the name of such dissolved body, and such security, contract or agreement shall be enforceable by or against each such successor accordingly.

Saving for certain acts and resolutions.

4. (1) Nothing in this Act shall affect the validity of any act that was done before the establishment day by or on behalf of a dissolved body.

(2) Without prejudice to the generality of sub-article (1)

(a) any resolution passed, order made or notice given or served, by a dissolved body before the establishment day, the operation, effect or terms of which had not on that day ceased or expired shall, in so far as it is not inconsistent with this Act or any order or regulations made thereunder, continue in force and have effect after that day as if it were a resolution passed, order made or notice given or served by the successor or successors of that dissolved body on the date on which the resolution, order or notice, as the case may be, was actually passed, made, given or served by the dissolved body and as if the functions of the dissolved body were, on that date, performable by that successor or successors,

(b) any thing done, or treated by virtue of any enactment as having been done, by, to or in relation to a dissolved body before the establishment day in the exercise or performance of or by such bodies of any of their functions shall, on and after the establishment day and in so far as it is not inconsistent with this Act or any order or regulations made thereunder, be treated as having been done, by, to or in relation to the successor or successors of such body,

(c) any reference to a dissolved body in a document referred to in sub-article (3) shall, on and after the establishment day, be construed as a reference to the successor or successors of such dissolved body.

(3) In this article “thing” includes the following—

(a) any written agreement or other instrument in writing or any scheme, plan, statement, policy, determination, declaration, undertaking, made or adopted by or on behalf of, or to be treated as having been made or adopted by or on behalf of, a dissolved body,

(b) any direction given, revocation made, or to be treated as having been given or made, by or to a dissolved body,

(c) any licence, permit, certificate, permission, consent, approval, authorisation, exemption, relaxation, acknowledgment or dispensation granted or given, or to be treated as having been granted or given, by or to a dissolved body,

(d) any application, proposal or objection made, or to be treated as having been made, by or to a dissolved body,

(e) any condition or requirement imposed, or to be treated as having been imposed, or any notice served or to be treated as having been served, by or on a dissolved body.

(4) The provisions of sub-articles (2) and (3) shall be interpreted as illustrative and not as restrictive.

Continuance of bye-laws, rules and regulations.

5. (1) Subject to sub-article (2), every bye-law, rule and regulation lawfully made by a dissolved body and in force immediately before the establishment day shall, on or after that day, so far as it is not inconsistent with this Act or any order or regulation made thereunder and so far as it relates to the administrative area of the successor of the dissolved body or part thereof, continue in force and have effect as a bye-law, rule or regulation made by the successor of the dissolved body in respect of the area for and in respect of which the bye-law, rule or regulation was actually made by the dissolved body and, accordingly, every such bye-law, rule or regulation may be continued, amended or revoked, and any penalties or forfeitures arising thereunder, before or after the establishment day, may be recovered and enforced by that successor in the like manner and as fully as the same could have been continued, amended, revoked, recovered or enforced by the dissolved body as if section 15 had not come into force.

(2) No bye-law, rule or regulation mentioned in sub-article (1) being a bye-law, rule or regulation made by Dun Laoghaire Corporation and continued in force in the borough area or part thereof by the said sub-article shall so continue in force after the expiration of the period of two years beginning on the establishment day.

(3) Dun Laoghaire-Rathdown County Council may at any time within the period referred to in sub-article (2) by resolution—

(a) terminate the operation of any bye-law, rule or regulation made by Dun Laoghaire Corporation and referred to in that sub-article, or

(b) extend or apply any bye-law, rule or regulation (other than one made by Dun Laoghaire Corporation), which by virtue of sub-article (1) applies to any part of its administrative area, to the borough area or part thereof.

(4) Sub-articles (2) and (3) shall not apply to bye-laws made under section 41 of the Public Health (Ireland) Act, 1878 (other than under paragraph (1) of that section), and section 23 of the Public Health Acts Amendment Act, 1890, (other than under the last paragraph of subsection (1) of that section), relating to any matter which is the subject matter of the Building Control Act, 1990 .

Arrangements for provision of certain services.

6. (1) Every scheme made under article 4 of the Regulations of 1993 shall on and from the establishment day apply and have effect in relation to the principal authorities so far as is provided for by such scheme.

(2) Where a scheme made pursuant to sub-article (3) of the said article 4 specifies proposals for the adaptation or modification of an agreement (being an agreement with a local authority other than Dublin Corporation) made under section 59 of the Local Government Act, 1955 , such agreement shall continue to apply and to have effect subject to such adaptations or modifications as are so specified.

(3) Where a scheme under the said article 4 includes proposals for the performance of any particular function of a principal authority by any one, or more than one, of the principal authorities on behalf of any other one or more than one of such authorities such scheme shall have all such force and effect as if such proposals were agreements which had been made under the said section 59 and shall so apply and have effect accordingly.

Continuation of development plans.

7. (1) The development plan for the county so far as it applied and had effect as regards each of the areas which on and from the establishment day comprise the counties of South Dublin, Fingal and Dun Laoghaire-Rathdown shall, as regards each such county, be deemed to have been made by the council of that county and be a development plan for that county.

(2) The development plans for the borough so far as they applied and had effect as regards the borough prior to the establishment day shall, on and from that day, be deemed to have been made by Dun Laoghaire-Rathdown County Council for the borough area and be development plans for that area.

(3) If, immediately prior to the establishment day, the development plan for the city which applied and had effect pursuant to article 8 (1) of the Second Schedule to the Local Government (Reorganisation) Act, 1985 , as regards the excluded areas (within the meaning of that Act) continues to have effect, then, on and from that day such plan shall apply and have effect in relation to each such excluded area and the county in which it is situate and the provisions of that article shall apply accordingly.

Admissibility in evidence of documents of dissolved bodies.

8. (1) All books and other documents directed or authorised by or under any enactment to be kept by a dissolved body and which, immediately before the establishment day, would be receivable in evidence shall, notwithstanding the dissolution of such body, be admitted in evidence on or after the establishment day as fully as if this Act had not been enacted.

(2) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any enactment to be kept by any of the dissolved bodies would, if verified in a particular manner by a particular officer of such dissolved body, have been admissible immediately before the establishment day 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 manager of the successor of that body or by an officer of that body (whose official position it shall not be necessary to prove) authorised by the manager in that behalf, be admitted, on or after the establishment day, 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 enacted.

(3) A copy of or extract from any document referred to in sub-article (1) produced by a principal authority and certified to be a true copy under the hand of a manager of a principal authority or other officer authorised by such a manager for that purpose (whose official position it shall not be necessary to prove) shall in all legal proceedings be admissible in evidence as of equal validity with the original document and no process for compelling the production of any such document by any principal authority shall issue from any court except with the leave of that court.

Audit of accounts.

9. (1) The accounts of all income and expenditure of a dissolved body and of the respective officers of the dissolved body up to the dissolution of the body (including any abstract) shall be prepared, completed and maintained and, as soon as conveniently may be after the establishment day, be audited, and any disallowance, surcharge, charge or penalty in relation to the accounts, income or expenditure shall be made, and, subject to any necessary modification, may be recovered and enforced as if this Act had not been passed.

(2) Until the audit required by sub-article (1) is completed, any officer of a dissolved body whose duty it is to make up any accounts of or to account for any portion of the income and expenditure of the dissolved body and every member of a dissolved body shall, for the purposes of the audit, be deemed 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.

Continuance of pending legal proceedings.

10. In any action, suit, prosecution or other legal proceeding which was pending immediately before the establishment day in any court or tribunal and to which a dissolved body was a party, the successor or successors of that dissolved body shall on the establishment day become and be a party or parties in the place of the dissolved body and such successor or successors shall accordingly be substituted for such dissolved body and every such proceeding shall be continued between that successor or successors and the other parties thereto, and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of such body.

Adoptive Acts.

11. (1) Where any enactment has been adopted by a dissolved body in respect of the whole or a specified part of its administrative area and the body has not rescinded such adoption the enactment shall, on and after the establishment day, be deemed to have been adopted by the successor or successors of the dissolved body in respect of the area for and in respect of which the same was actually adopted by the dissolved body and for the purposes of this article that successor or successors shall be deemed to have had power to adopt the enactment.

(2) Where any enactment is deemed to have been adopted pursuant to sub-article (1) such adoption may at any time be rescinded by resolution of the relevant successor in respect of all or part of its administrative area.

Local Acts.

12. Every local Act in force immediately before the establishment day in, or in relation to, all or any part of the administrative area of a dissolved body shall, on and after such day and so far as it is consistent with the provisions of this Act or any order or regulations made thereunder, be in force in, or in relation to, such part or parts of the administrative area of all or any of the successors of such dissolved body as correspond to the area in or in relation to which such Act was in force on such day.

Rates and money.

13. (1) All rates and other money which immediately before the establishment day are due and payable to a dissolved body shall on and after that day become due and be payable to the successor of the dissolved body and any such rates and money may be collected and recovered by or on behalf of that successor in like manner as they could be collected or recovered by or on behalf of the dissolved body if this Act had not been enacted.

(2) All rates and other money which immediately before the establishment day are accruing due to a dissolved body shall on and after that day accrue and be deemed always to have accrued due to the successor of the body, and where any such rate or money become due and payable the same shall be due and payable to and may be collected and recovered by or on behalf of such successor in like manner as it could have been collected or recovered by or on behalf of the dissolved body if this Act had not been enacted.

(3) Every rate collector of a dissolved body who is in office as such rate collector immediately before the establishment day shall, on and after that day unless or until the successor of the dissolved body otherwise directs, collect and recover on behalf of such successor all rates which immediately before that day were due and payable to or were accruing due to such dissolved body and had been given in charge to such rate collector for collection.

Valuation lists.

14. (1) The valuation list which shall apply to the county of Fingal and to the county of South Dublin shall in each case be that part, as determined by the commissioner, of the valuation list (including any revisions) transmitted by the commissioner to the county council last before the establishment day as relates to the area comprised in such county.

(2) The valuation list which shall apply to the county of Dun Laoghaire-Rathdown shall be the combination, as determined by the commissioner, of the remaining part of the valuation list referred to in sub-article (1) and the valuation list (including any revisions) transmitted by the Commissioner to Dun Laoghaire Corporation last before the establishment day.

(3) The valuation lists which shall apply to the counties referred to in sub-articles (1) and (2) and to the city shall in each case incorporate such alterations, if any, as determined by the commissioner, as may be necessary arising from the alteration of boundaries effected by section 8.

(4) Fingal, South Dublin and Dun Laoghaire-Rathdown County Councils shall each make the rate for the local financial year in which occurs the establishment day in accordance with the lists which apply pursuant to this article to the counties of such councils.

(5) Where the valuation of any hereditament in any of the said counties is at any time for any reason revised (including any case where such revision arises as a result of any appeal or other process commenced before the establishment day), the rate shall be assessed in accordance with such revised valuation and may be levied, collected and recovered accordingly by the relevant county council.

Limitation on rates in borough area.

15. (1) This article applies to hereditaments which were, or were liable to be, assessed with the borough rate for the local financial year 1993.

(2) For the purpose of the assessment and levying of the Dun Laoghaire-Rathdown County Council rate on a hereditament to which this article applies, the following provisions shall apply in each of the five local financial years next following 1993:

(a) where the valuation of the hereditament is the same as or less than the standard valuation, the valuation shall be reduced to the proportion, specified in the Table to this article for the particular year, of the valuation on which the Dun Laoghaire-Rathdown County Council rate would otherwise fall to be assessed, and

(b) where the valuation of the hereditament is greater than the standard valuation, the amount of the valuation which is equal to the standard valuation shall be reduced to the proportion, specified in the Table to this article for the particular year, of the valuation on which the Dun Laoghaire-Rathdown County Council rate would otherwise fall to be assessed.

(3) In this article—

valuation” means the valuation under the Valuation Acts;

the standard valuation” means, in relation to a hereditament to which this article applies, the valuation of such hereditament included in the valuation list, including any revisions received from the commissioner, for or related to the local financial year 1993.

TABLE

Limitations on Dun Laoghaire-Rathdown County Council Rate

Five years during which this Act is in force next following 1993

Proportion of Valuation (expressed in hundredths)

1994

90

1995

92

1996

94

1997

96

1998

98

Register of electors.

16. The register of electors for an administrative county established by section 9 shall be that portion of the register of electors for the county (as existing on the commencement of section 8 ) as relates to the area of the administrative county so established.

Electoral areas.

17. The division into county electoral areas of electoral counties (as existing on the commencement of section 8 ) effected by the Minister under section 14 of the Local Government (Reorganisation) Act, 1985 shall, on and from the establishment day, be deemed to have been a division into county electoral areas of each of the administrative counties established by section 9 so far as the said division into county electoral areas relates to such administrative county.

Polling districts.

18. The arrangement with respect to polling districts in the county (as existing on the commencement of section 8 ) made pursuant to section 22 of the Electoral Act, 1963 shall, on and from the establishment day, be deemed to have been an arrangement with respect to polling districts in each of the administrative counties established by section 9 so far as such arrangement relates to each such county.

District electoral divisions.

19. The division of the county (as existing on the commencement of section 8 ) into district electoral divisions effected by the Dublin County (District Electoral Divisions) Regulations, 1986 (S.I. No. 13 of 1986) shall, on and from the establishment day, be deemed to have been a division into district electoral divisions of the administrative counties established by section 9 so far as such district electoral divisions relate to each such county.

Continuation of membership of certain bodies.

20. (1) Subject to the provisions of this Act and any regulations made thereunder, all persons appointed (whether by nomination, election or otherwise) as members of any body by the county council or Dun Laoghaire Corporation shall continue to be members of the body to which they were so appointed for such period as they would have held such office if this Act had not been enacted save in any case where provision to the contrary is made by any such body.

(2) For the avoidance of doubt it is hereby declared that this article applies to appointments—

(a) of persons who are members of the local authorities referred to in sub-article (1) and of persons who are not such members,

(b) to bodies whether corporate or unincorporate.

Joint commitees appointed by Dublin County Council and Meath County Council.

21. (1) On and from the establishment day Fingal County Council shall, in relation to the joint committees of the Councils of the Counties of Meath and Dublin established for the Garristown and Delvin and the Curragha River Drainage Districts pursuant to orders made under section 20 of the Local Government (Ireland) Act, 1898 become and be the successor of the county council.

(2) The said orders shall have effect in relation to Fingal County Council on and from the establishment day in like manner as they had effect in relation to the county council prior to that day.

Performance of functions vested in county secretary.

22. Where under any enactment a function is vested in a county secretary such function shall in the case of the counties established by this Act vest in the manager of such county and such manager may delegate such function to an officer nominated by the manager for that purpose.

THIRD SCHEDULE

Section 35 .

Part I

Transfer of certain dwellings, etc., between principal authorities

1. (a) This Part applies to—

(i) dwellings, buildings and land provided under the Housing Acts, 1966 to 1992, owned by a principal authority and situate within the functional area of another principal authority,

(ii) any works or services (including management and maintenance) provided under the Housing Acts, 1966 to 1992 related to dwellings, buildings or land referred to in subparagraph (i) or to dwellings provided by a principal authority within the functional area of another principal authority and sold under section 90, and

(iii) interests held under the Housing Acts, 1966 to 1992 by a principal authority (including money due in respect of a dwelling sold by them) within the functional area of another principal authority or which relate to that functional area.

(b) In this Part “section 90” means section 90 of the Housing Act, 1966 as substituted by section 26 of the Housing (Miscellaneous Provisions) Act, 1992 .

2. (a) The manager of each principal authority shall in respect of any dwellings, buildings, land, works, services or interests to which this Part applies prepare and make a scheme or schemes for the transfer of such dwellings, buildings, land, works, services and interests to the principal authority within whose functional area they are situate or held or to whose functional area they relate.

(b) A scheme under this Part shall—

(i) outline the arrangements for the transfer,

(ii) specify the basis for the giving of any consideration between the principal authorities concerned where in the particular circumstances such would be appropriate in respect of a transfer, and

(iii) indicate the date or dates by which the transfer is to be effected.

(c) A scheme under this Part may include provision in regard to all or any one or more of the following:

(i) the continued provision of specified functions by the transferor authority to the transferee authority for a specified period;

(ii) any consideration to be given by the transferee to the transferor authority where continued provision under subparagraph (i) is considered appropriate in respect of the transfer;

(iii) debts (including mortgage debts) and other liabilities of a principal authority relating to the dwellings, buildings, land, works, services or interests transferred;

(iv) accruing or prospective liabilities of a principal authority as respects the performance, prior to the date of the coming into effect of an order under article 4, of their functions under the Housing Acts, 1966 to 1992, in relation to dwellings, buildings, land, works, services or interests transferred;

(v) the performance of the services and functions transferred;

(vi) notwithstanding anything contained in section 9 or 11 of the Housing Act, 1988 , the letting by a transferee authority, within a specified period of years, of dwellings that are transferred to such authority under this Part and become available for letting, to persons who are designated by the transferor authority in accordance with the scheme for the time being made by that authority under section 11 of the Housing Act, 1988 ;

(vii) the provision, within a specified number of years, by another principal authority of dwellings under section 56 of the Housing Act, 1966 and, notwithstanding anything contained in section 9 or 11 of the Housing Act, 1988 , the letting of such dwellings to persons who are designated by the transferor authority in accordance with the scheme for the time being made by that authority under the said section 11;

(viii) arrangements in relation to the designation for transfer to the service of the transferee authority of officers and employees of the transferor authority;

(ix) such incidental, consequential, transitional or supplementary provisions as may be necessary or proper for the purpose of or in consequence of, or to give full effect to a transfer under this Part.

(d) The preparation of schemes required by this Part shall be commenced as soon as may be after the enactment of this Act so as to ensure that the schemes can be made as soon as possible thereafter and, in any event, not later than twelve months after the establishment day or such longer period as the Minister may allow.

(e) In preparing a scheme the manager shall consult the members of the principal authority and the manager of each other principal authority to which the scheme relates and that manager shall consult the members of that authority.

(f) A scheme shall, as soon as may be after it is made, be submitted to—

(i) the Minister, and

(ii) the manager of each other principal authority concerned, which authority shall within two months or such longer period as the Minister may allow, make such submission (if any) to the Minister as it deems appropriate in relation to the scheme.

3. Having considered a scheme submitted under article 2 (f) and any submission made under that article, the Minister may—

(a) approve the scheme as submitted, or

(b) make such revisions to the scheme as are, in the opinion of the Minister, appropriate including—

(i) the omission or inclusion of any dwellings, buildings, land, works, services or interests to which this Part applies,

(ii) alterations to the date or dates specified in the scheme,

(iii) alterations to the proposed arrangements for the transfer of matters referred to in subparagraph (i), or to the basis or circumstances for the giving of any consideration in respect of the transfer,

(iv) alterations to the proposed arrangements for the designation for transfer of officers and employees, or

(c) direct that another scheme be made by the manager in respect of or taking account of specified matters.

4. (a) The manager of a principal authority shall, on the approval of a scheme or as soon as may be thereafter, by order transfer such dwellings, buildings, land, works, services or interests to which the scheme relates from such principal authority to the other principal authority to which the scheme relates in accordance with the scheme as approved by the Minister.

(b) Different orders may be made under this article at different times in relation to different dwellings, buildings, land, works, services or interests to which the scheme relates and each such order shall come into operation on such day or days as may be specified in the order and different days may be so specified in relation to matters which are the subject of an order.

(c) Where there is agreement as to the giving of a consideration in respect of a transfer provided for in a scheme approved by the Minister, an order under this article may provide for such consideration to be given by a single or by periodic payments or in any other form and expressed in any other terms which may be considered appropriate in the particular circumstances.

(d) In default of agreement between the principal authorities concerned as to the consideration to be given, the order shall record such failure and the consideration and period or periods for payment of such consideration or the nature and amount of any other form of consideration shall be determined by a person appointed for that purpose by the Minister.

(e) The person appointed for such purpose shall determine the consideration, its nature, form, amount and period or periods for payment in accordance with the scheme as approved by the Minister under this Part and such directions as the Minister may give from time to time.

5. Where an order has been made under article 4 and—

(i) a difficulty arises in giving effect to the order, or

(ii) there is an error or other deficiency in the order,

the manager who made the order may, before the day on which the order is to come into operation and so far as may be necessary to remove such difficulty or remedy such error or other deficiency, by further order, amend the first-mentioned order and the order as amended shall then have effect accordingly as if it were an order made under article 4.

6. An order under article 4 shall, without any further conveyance, assignment or transfer, operate to vest in the transferee authority on the date specified therein such dwellings, buildings, land, works, services or interests as are specified in the order.

7. An order under article 4 may contain such incidental, consequential, transitional or supplementary provisions as may be necessary or proper for the purpose of or in consequence of, or to give full effect to, a transfer effected by the order.

8. Where land, which is the subject of an order under article 4 and to which section 23 of the Registration of Title Act, 1964 applies, has not, prior to the date of the coming into effect of the order, been registered by the transferor authority in accordance with the said section 23, the acquisition of the land by the transferor authority shall be deemed never to have been an acquisition for the purposes of that section but the transfer effected by the order shall be deemed to be an acquisition by the transferee authority.

9. Section 12 of the Finance Act, 1895, section 83 of the Local Government Act, 1946 and section 90 shall not apply to any transfer under this Part.

Part II

Transfer of certain land to new councils

1. This Part applies to any land in the ownership of or under the control of Dublin Corporation which on and after the establishment day will be situate in any of the administrative counties established by section 9 other than such land which is—

(a) on that day in use by the Corporation for the purposes of a statutory function in respect of the provision and operation of services within the city area or on behalf of another principal authority;

(b) likely to be required for such purposes within a period of twelve months of the establishment day;

(c) the subject of a contract for disposal entered into before the establishment day;

(d) intended for disposal and was so intended before the establishment day and has within six months of that day become the subject of a definite arrangement for disposal;

(e) land to which Part I applies.

2. (a) The city manager shall prepare and make a scheme in respect of each other principal authority in whose administrative county land to which this Part applies is situate for the transfer of such land to that principal authority.

(b) A scheme under this Part shall—

(i) outline the arrangements for the transfer,

(ii) specify the basis for the giving of any consideration to the Corporation by the other principal authority concerned where in the particular circumstances such would be appropriate in respect of a transfer,

(iii) indicate the date or dates by which the transfer is to be effected, and

(iv) specify any arrangements necessary for the development, management and control of the land in question pending transfer.

(c) A scheme under this Part may include such incidental, consequential, transitional or supplementary provisions as may be necessary for the purposes of or in consequence of, or to give full effect to a transfer under this Part or which arise by reason of or in relation to such transfer.

(d) The preparation of schemes required by this Part shall be commenced as soon as may be after the enactment of this Act so as to ensure that the schemes can be made as soon as possible thereafter and in any event not later than twelve months after the establishment day or such longer period as the Minister may allow.

(e) In preparing a scheme the city manager shall consult the city council and the manager of the other principal authority to which the scheme relates and that manager shall consult the members of that authority.

(f) A scheme shall, as soon as may be after it is made, be submitted to—

(i) the Minister, and

(ii) the other principal authority concerned, which authority shall within two months or such longer period as the Minister may allow, make such submission (if any) to the Minister as it deems appropriate in relation to the scheme.

3. Having considered a scheme submitted under article 2 (f) and any submission made under that article, the Minister may—

(a) approve the scheme as submitted, or

(b) make such revisions to the scheme as are, in the opinion of the Minister, appropriate including—

(i) the omission or inclusion of any land to which this Part applies,

(ii) alterations to the date or dates specified in the scheme,

(iii) alterations to the proposed arrangements for the transfer, or to the basis or circumstances for the giving of any consideration in respect of the transfer,

(iv) alterations to the arrangements proposed pending a transfer,

or

(c) direct that another scheme be made by the city manager in respect of or taking account of specified matters.

4. (a) The city manager shall on the approval of a scheme, or as soon as may be thereafter, by order transfer the land from the Corporation to the principal authority to which the scheme relates in accordance with the scheme as approved by the Minister.

(b) Different orders may be made under this article at different times in relation to different parts of land to which the scheme relates and each such order shall come into operation on such day or days as may be specified in the order and different days may be so specified in relation to different parts of the land which is the subject of an order.

(c) Where there is agreement as to the giving of a consideration in respect of a transfer provided for in a scheme approved by the Minister, an order under this article may provide for such consideration to be given by a single or by periodic payments or in any other form and expressed in any other terms which may be considered appropriate in the particular circumstances.

(d) In default of agreement between the Corporation and the other principal authority concerned as to the consideration to be given, the order shall record such failure and the consideration and period or periods for payment of such consideration or the nature and amount of any other form of consideration shall be determined by a person appointed for that purpose by the Minister.

(e) The person appointed for such purpose shall determine the consideration, its nature, form, amount and period or periods for payment in accordance with the scheme as approved by the Minister under this Part and such directions as the Minister may give from time to time.

5. Where an order has been made under article 4 and—

(i) a difficulty arises in giving effect to the order, or

(ii) there is an error or other deficiency in the order,

the manager who made the order may, before the day on which the order is to come into operation, and so far as may be necessary to remove such difficulty or remedy such error or other deficiency, by further order, amend the first-mentioned order and the order as amended shall then have effect accordingly as if it were an order made under article 4.

6. An order under article 4 shall without any further conveyance, assignment or transfer operate to vest in the principal authority to which the order relates on the date specified therein such land as is specified and all rights, powers and privileges related to or connected with such land for all the estate and interest of the Corporation.

7. An order under article 4 may contain such incidental, consequential, transitional or supplementary provisions as may be necessary or proper for the purpose of or in consequence of, or to give full effect to a transfer effected by the order.

8. Where land, which is the subject of an order under article 4 and to which section 23 of the Registration of Title Act, 1964 applies, has not, prior to the date of the coming into effect of the order, been registered by Dublin Corporation in accordance with the said section 23, the acquisition of the land by the Corporation shall be deemed never to have been an acquisition for the purposes of that section but the transfer effected by the order shall be deemed to be an acquisition by the other principal authority to which the order relates.

9.—Section 12 of the Finance Act, 1895 and section 83 of the Local Government Act, 1946 shall not apply to any transfer under this Part.