County Management Act, 1940
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First appointments of certain assistant managers. |
12.—(1) This section applies to the following offices and to no other offices, that is to say:— | |
(a) the two offices of Dublin Assistant County Manager created by this Act, and | ||
(b) the two offices of assistant county manager for the county of Cork created by this Act, and | ||
(c) the office of assistant county manager for the county of Tipperary, North Riding, created by this Act, and | ||
(d) the office of assistant county manager for the county of Tipperary, South Riding, created by this Act, and | ||
(e) the two offices of Dublin Assistant City Manager created by this Act. | ||
(2) In this section the expression “first appointment” means the first permanent appointment and shall not be construed as referring to a temporary appointment made by the Minister pending such permanent appointment. | ||
(3) Notwithstanding anything contained in any other section of this Act, the following provisions shall apply and have effect in relation to the first appointment to any office to which this section applies, that is to say:— | ||
(a) section 5 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), shall not apply or have effect in relation to the first appointment to such office and sections 6, 8 and 9 of that Act shall have effect in relation to such first appointment subject to the provisions of the next following paragraph of this sub-section; | ||
(b) the Minister shall request the Local Appointments Commissioners to recommend to him a person for the first appointment to such office and those commissioners shall select (otherwise than by competitive examination) and recommend to the Minister under the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), one and only one person for such first appointment, and thereupon the person so selected and recommended shall become and be appointed by virtue of such recommendation as on and from such day as the Minister shall by order appoint in that behalf; | ||
(c) in carrying out the duties imposed on them by the next preceding paragraph of this sub-section, the Local Appointments Commissioners shall have regard to the provisions (where relevant) of this Act giving priority of recommendation to a particular person or requiring two particular offices to be held by one and the same person; | ||
(d) nothing in this section shall prejudice or affect the appointment by this Act of a named person to an office to which this section applies if, in the events which happen, such appointment becomes effective. |