Cork City Management Act, 1929

Reserved functions.

8.—(1) The Council shall directly exercise and perform all and every of the powers, functions and duties of the Corporation in relation to the following matters, that is to say:—

(a) the making of any rate or the borrowing of any moneys;

(b) the making, amending or revoking of any bye-law;

(c) the making of any order and the passing of any resolution by virtue of which any enactment is brought into operation in or made to apply to the Borough and the revoking of any such order and the rescinding of any such resolution;

(d) the application to be made to any authority in respect of the making or revoking of any such order as aforesaid;

(e) the making or revoking of any order under section 5 of the Shops Act, 1912 (in that Act referred to as a closing order);

(f) the powers conferred by section 5 of the Borough Funds (Ireland) Act, 1888, in relation to the promotion or the opposing of legislation, the prosecution and defence of legal proceedings, and the application for those purposes of the borough fund, borough rate or other the public funds and rates under the control of the Corporation;

(g) the appointment or election of any person to be a member of any public body;

(h) parliamentary and local elections;

(i) the admission of persons to the freedom of the City of Cork;

(j) subject to the provisions of this Act, the appointment, suspension and removal of the Manager and the granting of an allowance or gratuity to the Manager on his ceasing to be the Manager; and

(k) the determination of the amount of the salary and remuneration of the Lord Mayor.

(2) The Minister may, subject to the provisions of this section, by order require that the powers, functions and duties of the Corporation in relation to any matter not included in the matters referred to in the foregoing sub-section shall be exercised and performed directly by the Council and upon such order being made the said powers, functions and duties shall as on and from the date specified in that behalf in such order be exercised and performed directly by the Council and shall continue so to be exercised and performed while such order remains in force.

(3) The Minister may, subject to the provisions of this section, revoke an order made by him under this section.

(4) The Minister shall not make or revoke an order under this section save upon the application of the Council made to the Minister in pursuance of a resolution of the Council—

(a) of which not less than one month's notice shall have been given in writing by the Town Clerk to every member of the Council, and

(b) for which not less than two-thirds of the members of the Council shall have voted.

(5) Upon receipt by him of any such application as aforesaid the Minister, before (as the case may be) making or revoking an order under this section, may, if he thinks fit, hold a local inquiry into any matters which appear to him to be relevant to the purpose of (as the case may be) making or revoking such order and the provisions of Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply to every such local inquiry.

(6) In this Act the expression “reserved functions” means the powers, functions and duties of the Corporation which are by this section required to be exercised and performed by the Council directly and includes all other powers, functions and duties of the Corporation which are at any time required by an order made under this section and for the time being in force to be exercised and performed by the Council.