Harbours Act, 1946
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Provisions as respects certain first appointments. |
46.—(1) Where— | |
(a) a person was, immediately before the passing of this Act, General Manager or General Manager and Secretary of a harbour the harbour authority for which is mentioned in Part I of the First Schedule to this Act, and | ||
(b) he was appointed to that office either before the 1st day of January, 1945, or on the recommendation of the Local Appointments Commissioners, | ||
such person shall be deemed to have been duly appointed under section 39 of this Act immediately upon the passing of this Act to be the first General Manager under this Act of the harbour. | ||
(2) Where a person was, immediately before the passing of this Act, secretary of a harbour the harbour authority for which is mentioned in Part I of the First Schedule to this Act and was appointed to that office before the 1st day of January, 1946— | ||
(a) such person shall, subject to the provisions of this Act, continue to hold that office after the passing of this Act, | ||
(b) where, in the case of Dublin Harbour, subsection (1) of this section does not apply, the following provisions shall have effect until an appointment is made to the office of General Manager under this Act of Dublin Harbour: | ||
(i) the said office shall be deemed not to be created, save for the purposes of making such appointment and for the purposes of subsection (3) of this section, | ||
(ii) the references in subsections (3) and (6) of section 39 and sections 174 , 175 and 176 of this Act to the General Manager of a harbour shall include a reference to such person. | ||
(3) Where immediately before the passing of this Act the Local Appointments Commissioners were engaged in the selection of a person or persons to be recommended for appointment to be General Manager of a harbour, such selection shall be completed in such manner as the said Commissioners think proper, and the person so selected and recommended by the said Commissioners for appointment shall be appointed General Manager of the harbour under section 39 of this Act as if the said selection and recommendation were made on a request, made by the harbour authority on the passing of this Act under section 6 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), as applied by this Act, in relation to the office of General Manager created by this Act. | ||
(4) Where a person was, immediately before the passing of this Act, secretary of a harbour the harbour authority for which is mentioned in Part II of the First Schedule to this Act, such person shall be deemed to have been duly appointed under section 38 of this Act immediately upon the passing of this Act to be the first secretary under this Act of the harbour. | ||
(5) Where a person was, immediately before the passing of this Act, harbour master, collector of rates or harbour master and collector of rates of a harbour, such person shall be deemed to have been duly appointed under section 38 of this Act immediately upon the passing of this Act to be the first harbour master, collector of rates or harbour master and collector of rates (as may be appropriate) under this Act of the harbour. |