S.I. No. 352/1995 - Local Government (Dublin) Act, 1993 (Section 34) Regulations, 1995.

S.I. No. 352 of 1995.

LOCAL GOVERNMENT (DUBLIN) ACT, 1993 (SECTION 34) REGULATIONS, 1995.

The Minister for the Environment in exercise of the powers conferred on him by section 3 (4), (5), (6) and (7) and section 34 of the Local Government (Dublin) Act, 1993 (No. 31 of 1993), hereby makes the following Regulations:—

1. These Regulations may be cited as the Local Government (Dublin) Act, 1993 (Section 34) Regulations, 1995.

2. (1) In these Regulations:—

"the Act" means the Local Government (Dublin) Act, 1993 ;

"the city manager" means the city manager for the purposes of the Local Government (Dublin) Acts, 1930 to 1994;

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

"the County Council" means the council of the administrative county of Dun Laoghaire-Rathdown established by section 11 of the Act;

"the county manager" means the county manager for the purposes of the County Management Acts, 1940 to 1994, of the administrative county of Dun Laoghaire-Rathdown;

"the scheme" means the scheme made pursuant to section 34 (2) (a) of the Act.

(2) In these Regulations a reference to—

( a ) an article, is a reference to an article of these Regulations;

( b ) a sub-article, is a reference to a sub-article of the article in which the reference occurs.

3. The transfer, pursuant to section 34 of the Act from the Corporation to the County Council, of the local water supply network referred to in that section and the supply of water to the said network, shall have effect in accordance with the proposals set out in the scheme in relation to such transfer and supply subject to the provisions of these Regulations, and the said proposals shall have effect accordingly.

4. (1) ( a ) The city manager and county manager may, arising from the transfer referred to in article 3, jointly designate by order for transfer to the service of the County Council officers and employees of the Corporation.

( b ) The managers may not designate an officer or employee pursuant to paragraph (a) of this sub-article 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.

(2) Every officer of the Corporation who is the subject of a designation pursuant to sub-article (1) shall on the making of such designation order, transfer to and become an officer of the County Council.

(3) An office held by an officer who is the subject of a designation order pursuant to sub-article (1) shall on the making of such designation order, be deemed to become an office under the County Council.

(4) Every employee of the Corporation, not being an officer of such Corporation, who is the subject of a designation pursuant to sub-article (1) shall, on the making of such designation order, transfer to and become an employee of the County Council.

(5) Every contract of service express or implied which is in force immediately before the coming into operation of the scheme between the Corporation and any person to whom sub-article (4) applies shall continue in force on and after the making of such designation order but shall be construed and have effect as if the County Council was substituted therein for Dublin Corporation and every such contract shall be enforceable by or against the County Council accordingly.

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

(7) For the purposes of the enactments relating to superannuation, the office of an officer who was an officer of the Corporation and who is the subject of a designation order pursuant to sub-article (1) 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 article to the County Council shall not, while in the service of the said County 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 the officer or employee was subject immediately before the making of such designation order.

5. Where a difficulty arises in implementing the scheme, insofar, but only insofar, as the difficulty relates to the commencement or termination of a period specified in the scheme, the city manager and county manager may by order jointly made amend or vary the scheme for the purpose of removing that difficulty and any such amendment or variation may include such consequential and ancillary arrangements as may be necessary for that purpose.

GIVEN under the Official Seal of the Minister for the Environment,

this 20th day of December, 1995.

BRENDAN HOWLIN,

Minister for the Environment.

EXPLANATORY NOTE.

These regulations provide for the transfer of certain parts of the water supply network to Dun Laoghaire-Rathdown County Council from Dublin Corporation.