Local Government (Dublin) Act, 1993

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.