Local Government (Miscellaneous Provisions) Act 2012

Transfer order.

14.— (1) The Minister, with the consent of the Minister for Public Expenditure and Reform, having regard to the promotion of administrative efficiencies and economies of scale, may by order transfer the assets and liabilities of An Chomhairle Leabharlanna.

(2) An order under subsection (1) shall contain such provisions as the Minister considers necessary or expedient consequential on the dissolution of An Chomhairle Leabharlanna, and, in particular, may make provision for—

(a) the transfer or distribution of the functions, property, rights and liabilities of An Chomhairle Leabharlanna to one or more than one of the following—

(i) the Minister,

(ii) a body established under section 3 (amended by section 5 of the Local Government (Miscellaneous Provisions) Act 2012) of the Act of 1971,

(iii) a local authority for the purposes of the Local Government Acts 1925 to 2007, or

(iv) a Department of State (subject to the consent of the relevant Minister),

(b) the preservation of continuing contracts made by An Chomhairle Leabharlanna,

(c) the continuance of pending legal proceedings,

(d) the transfer of staff of An Chomhairle Leabharlanna to—

(i) a local authority for the purposes of the Local Government Acts 1925 to 2007,

(ii) a body established under section 3 (amended by section 5 of the Local Government (Miscellaneous Provisions) Act 2012) of the Act of 1971, or

(iii) a Department of State (subject to the consent of the relevant Minister),

(e) transitional arrangements in relation to the superannuation of officers and servants of An Chomhairle Leabharlanna,

(f) the preparation and auditing of final accounts of An Chomhairle Leabharlanna,

(g) the preparation of a final report of An Chomhairle Leabharlanna for the Minister, and

(h) any other transitional, supplementary or incidental matters that appear to the Minister to be necessary for the purposes of the order.

(3) Where an order under subsection (1) is made, land to which the order relates shall, on the date specified in the order in relation to that land, vest in the Minister without any further conveyance, transfer or assignment.

(4) An order under subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.