Local Government (Ireland) Act, 1898

Officers of county.

28 & 29 Vict. c. 26.

57 & 58 Vict. c. 57.

83.(1) As respects the officers of the county council, the council of a county other than a county borough, subject to the provisions herein-after contained—

(a) shall appoint the secretary of the council (who shall act as the clerk of the council), the treasurer of the county (who shall be treasurer of the council), and the county surveyor or surveyors; and

(b) may appoint such assistant surveyors and such further officers as they think necessary for the performance of the duties of the council;

and every officer so appointed shall perform such duties and, subject (in the case of any officer whose salary can be fixed without the concurrence of the Local Government Board) to any statutory limits, be paid such remuneration as the council may assign to him.

(2) A county council may provide for the performance by a deputy of the duties of any officer in case of his illness, absence, or incapacity, and anything required by law to be done by, to, or before the officer may, subject to the directions of the council, be done by, to, or before such deputy.

(3) The county council may take from a treasurer, when a banking company, and shall take from any other officer who receives or pays any money on behalf of the council such security as may be approved by the Local Government Board.

(4) Part of the payment to every county council out of the agricultural grant shall be deemed to be paid in respect of part of the salary of the secretary of the county council, and of the county surveyor, and of any assistant surveyor, and any such secretary or surveyor or assistant surveyor shall not be appointed or removed, nor shall his salary be fixed or altered, without the concurrence of the Local Government Board, and he shall have such qualifications (if any) as may be prescribed.

(5) The Local Government Board shall also have the same power as regards collectors of the poor rate appointed by the county council and their accounts as they would have if those collectors had continued to be officers of the guardians.

(6) Save as otherwise provided by this Act, the county council may remove any of their officers.

(7) There shall be transferred from the clerk of the union to the secretary of the county council so far as respects rural districts, and to the clerk of the council of every county borough and urban county district so far as respects that borough or district, all powers and duties in relation to the registration of electors, or to jurors’ lists.

(8) The secretary of the county council (including in a county borough the town clerk) shall send to the Lord Lieutenant or the Local Government Board such returns and information as may from time to time be required by either House of Parliament or by that Board.

(9) The Lord Lieutenant may, if he thinks fit, direct the assistant surveyors to be examined and their qualifications certified by the persons who examine, and certify the qualifications of, the county surveyor.

(10) A paid officer in the permanent employment of a county council who is required to devote his whole time to such employment shall not be eligible to serve in Parliament.

(11) The enactments relating to the superannuation of officers of boards of guardians shall, with the necessary modifications, apply to officers of county and rural district councils other than the county surveyor and any officer of a county borough, and the amount of any such superannuation shall be paid as expenses of the county or district council.

(12) The law relating to the treasurers of counties and this section shall apply to the county of Dublin in like manner as to any other county.

(13) Where a county surveyor, or any resident medical superintendent or assistant medical officer of a lunatic asylum, is appointed by a county council after the passing of this Act, and at the time of such appointment held a like office in another county or lunatic asylum, he shall, upon ceasing to hold office, be entitled, for the purpose of the enactments relating to superannuation, to reckon any previous service as county surveyor or as officer of a lunatic asylum which he might have reckoned if his service had been under the appointing council or committee.

(14) This section shall be without prejudice to the provisions of this Act respecting existing officers, or to the powers of the Lord Lieutenant and Privy Council or the Lord Lieutenant under sections sixty-eight and sixty-nine of the Diseases of Animals Act, 1894.