Local Government Act, 2001

Dissolution of town council.

187.—(1) In this section—

“applicant” means a town council which makes an application under subsection (2);

“successor”, in relation to an applicant, shall be read in accordance with subsection (4)(b).

(2) A town council may by resolution apply to the Minister to make an order under subsection (4) in respect of the town council.

(3) The Minister may request the Local Government Commission to prepare a report in relation to any application under subsection (2).

(4) The Minister may, having considered any report under subsection (3), by order provide for the dissolution of the applicant from a date specified in the order and on and from that date (in this section referred to as the “transfer day”)—

(a) the area of the town concerned shall, for the purposes of all functions of the county council (under this or any other enactment) in whose county the town is situated, be included in and form part of that county;

(b) the applicant is dissolved and ceases to exist and the relevant county council shall for all purposes become and be the successor of the applicant.

(5) With effect from the transfer day the following are transferred to the successor—

(a) all land and other property (and all rights relating to such land and other property) held or enjoyed immediately before that day by the applicant,

(b) all liabilities incurred before that day by the applicant which had not been discharged before that day,

and, accordingly as and from that day without any further conveyance, transfer or assignment—

(i) that property, real and personal vests in the successor for all the estate, term or interest for which, immediately before that day, it was vested in the applicant, but subject to all trusts and equities affecting the property and capable of being performed,

(ii) those rights are to be enjoyed by the successor, and

(iii) those liabilities are liabilities of the successor.

(6) All moneys and securities transferred to the successor by this section that immediately before the transfer day are standing in the name of the applicant are to be transferred into the name of the successor upon its request.

(7) On or after the transfer day every right and liability transferred to the successor by this section may be sued on, recovered or enforced by or against the successor in its own name and it is not necessary for it to give notice of the transfer to the person whose right or liability is transferred by this section.

(8) Every contract or agreement made between an applicant and any other person, which is in force immediately before the transfer day continues in force on and after that day and shall—

(a) be read and have effect as if its successor were substituted in the contract or agreement for the applicant, and

(b) be enforceable against that successor.

(9) Where, immediately before the transfer day, any legal proceedings are pending in any court or tribunal and the applicant is a party to the proceedings, the name of its successor shall be substituted in the proceedings for that of the applicant, and the proceedings shall not abate by reason of such substitution.

(10) An order under subsection (4) may include provision for any matter or thing for which provision is made in the Second Schedule to the Local Government (Dublin) Act, 1993 , or for which provision may be made by order under section 62 (2) or which the Minister considers otherwise necessary to give effect to the dissolution or which is related to it.