Waterford City Management Act, 1939

Appointment by the Corporation of members of certain public bodies.

10.—(1) So much of any statute or of any instrument made under any statute as requires that a person elected or nominated to be a member of any body by the council of a county borough or in particular by the council of the county borough of Waterford shall be an alderman or councillor of the council by whom he is elected or nominated shall not apply in respect of any person elected or nominated on or after the appointed day by the Council to be a member of such body, and in lieu thereof it is hereby enacted that any person who is on or after the appointed day elected or nominated by the Council to be a member of such body and who but for this section would be required to be a member of the Council or of the council of the county borough of Waterford shall be such person willing to act, whether a member or not a member of the Council, as the Council considers to be best fitted, by reason of his special knowledge or practical experience of the matters administered by such body, for membership thereof.

(2) Nothing in the foregoing sub-section shall operate to render unnecessary—

(a) the possession by any person who is on or after the appointed day elected or nominated by the Council to be a member of any body of any special qualification (other than membership of the Council or the council of the county borough of Waterford) which such person is required by law to possess, or

(b) compliance with the requirements of sub-section (2) of section 9 of the Local Government (Ireland) Act, 1898 , so far as the said sub-section (2) as adapted, amended, or applied by or under subsequent enactments relates to membership of the joint committee of management of the Waterford District Mental Hospital, or

(c) compliance with the requirements of sub-section (1) of section 8 of the Vocational Education Act, 1930 (No. 29 of 1930), so far as the said sub-section (1) relates to membership of the City of Waterford Vocational Education Committee.

(3) The manager, notwithstanding that he is not a member of the Council, shall be qualified and may with his consent be appointed by the Council to be a member of the joint committee of management of the Waterford District Mental Hospital or of the public body for the time being entrusted with the relief of the poor in the City or a member both of such committee and such body, in the same manner as if he were a member of the Council, and for the purpose of such appointment the office of the manager shall be deemed not to be an office of profit within the meaning of Article 12 of the Schedule to the Local Government (Application of Enactments) Order, 1898, or of section 70 of the Local Government Act, 1925 (No. 5 of 1925).

(4) If and when the manager is appointed under this section to be a member of the joint committee of management of the Waterford District Mental Hospital the number of members of the said committee who are required by law to be members of the Council shall be reduced by one.