County Management Act, 1940

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SECOND SCHEDULE.

Matters in respect of which the Powers, Functions, and Duties are Reserved Functions.

1. The making of a rate.

2. The borrowing of money.

3. The demanding under any enactment of the whole or a part of the expenses of the council of a county or of an elective body from any other local authority.

4. The making, amending, or revoking a bye-law.

5. The making or revoking an order or the passing or rescinding a resolution by virtue of which an enactment is brought into operation in or is made to apply to the functional area or a part of the functional area of the council of a county or of an elective body.

6. The application to be made to any authority in respect of the making or revoking of any such order as is mentioned in the next preceding paragraph of this Schedule.

7. The powers conferred by the Borough Funds (Ireland) Act, 1888, or by that Act as extended by any subsequent enactment, in relation to promoting or opposing legislation or in relation to the prosecution or defence of any such legal proceedings as are mentioned in section 3 of the said Act, and the application of public funds or rates for any of those purposes.

8. The making under section 9 of the Local Government (Ireland) Act, 1898 , of regulations in respect of the admission, detention, or discharge of patients to, in, or from a mental hospital or in respect of the conditions as to payment or accommodation under which private patients may be admitted to or detained in a mental hospital.

9. The following matters under the Town and Regional Planning Act, 1934 (No. 22 of 1934), that is to say:—

(a) the passing of a resolution under section 18 of the said Act for the constitution of a planning region;

(b) the making of an application for an order under section 21 of the said Act extending a planning district;

(c) the consideration and the making of a decision under section 26 of the said Act to make a planning scheme;

(d) the making and submission of a planning scheme under section 29 of the said Act;

(e) the making to a planning authority of an application under sub-section (1) of section 35 of the said Act for the revocation or modification of a planning scheme;

(f) the consideration of and dealing with an application by a responsible authority under the said sub-section (1) of section 35 of the said Act;

(g) the institution of an appeal to the Minister under section 36 of the said Act in relation to the revocation or modification of a planning scheme;

(h) the making of a revoking or amending planning scheme in pursuance of the said section 36 of the said Act.

10. The making of an application or an order or the causing of an inquiry to be made under or in pursuance of section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 (No. 55 of 1936), or Article 26 of the Schedule to the Local Government (Application of Enactments) Order, 1898, in relation to an alteration of boundaries.

11. The following matters under the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931), that is to say:—

(a) the declaration under section 5 of the said Act of an area to be a clearance area;

(b) the declaration under section 12 of the said Act of an area to be an improvement area.

12. Parliamentary and local elections.

13. The making of orders and the giving of directions for the purposes of Article 7 of the Schedule to the Local Government (Application of Enactments) Order, 1898.

14. The constitution of the council of a county or of an elective body, including the election of a chairman or a vice-chairman of such council or such elective body and the election and remuneration of the mayor of a borough or, in the case of the borough of Dun Laoghaire, the chairman of the borough.

15. The procedure of the council of a county or of an elective body, including procedure at any meeting of such council or such elective body.

16. The appointment or election of a person to be a member of another body.

17. The nomination of a person to be a candidate at an election of a person to the office of President of Ireland.

18. The disposition (otherwise than by demise for a term not exceeding one year) under the Municipal Corporations (Ireland) Acts, 1840 to 1888, of lands, tenements, or hereditaments.

19. The admission of persons to the freedom of a borough.

20. Subject to the provisions of this Act, the suspension, or removal of a county manager.

21. Subject to the provisions of this Act, the granting of a superannuation allowance or a gratuity to a county manager on his ceasing to be such county manager.

22. The exercise of a power which is vested by law (including this Act) in the council of a county or an elective body and is by this Act expressly made exercisable by resolution of such council or body.