Local Government Act, 1991

Assistant county managers for area committees.

21.—(1) There shall, in addition to the offices of assistant county manager for the county of Dublin provided for from time to time by or under section 9 of the County Management Act, 1940 , be three offices of assistant county manager for the county of Dublin (in this section referred to as “the three offices”), and—

(a) the holder of one of the three offices (who shall be known as the Fingal Area Manager) shall perform, in relation to the Fingal Area Committee and its committee district, the functions referred to in subsection (2) and such other functions as may be conferred on him by or under this Act or any other enactment,

(b) the holder of another of the three offices (who shall be known as the Dún Laoghaire-Rathdown Area Manager) shall perform, in relation to the Dún Laoghaire-Rathdown Area Committee and its committee district, the functions referred to in subsection (2) and such other functions as may be conferred on him by or under this Act or any other enactment,

(c) the holder of the third of the three offices (who shall be known as the South Dublin Area Manager) shall perform, in relation to the South Dublin Area Committee and its committee district, the functions referred to in subsection (2) and such other functions as may be conferred on him by or under this Act or any other enactment.

(2) Upon the taking up of duty by a person appointed to an office established by this section of assistant county manager in relation to an area committee—

(a) the functions delegated under section 20 in respect of the committee district of that area committee shall be deemed to have been and to stand delegated by the Dublin County Manager to that assistant county manager under subsection (1) of section 13 of the County Management Act, 1940 , and subsection (2) of section 20 shall apply and have effect accordingly, and

(b) the first-mentioned delegation shall cease to have effect.

(3) (a) Upon the commencement of this section the request to the Local Appointments Commissioners provided for by section 6 of the Local Authorities (Officers and Employees) Act, 1926 , shall be deemed to have been made in relation to the first appointments to the three offices and, notwithstanding section 27 (1) of the Local Government Act, 1955 , a person recommended by the said Commissioners for one of the said first appointments shall take up duty as the holder of that office within a period of two months of his notification by the said Commissioners of their recommendation in relation to his appointment to that office.

(b) If a person referred to in paragraph (a) does not take up duty as the holder of one of the three offices in accordance with that paragraph, the request referred to therein shall be deemed to have been made in relation to the first appointment to the office concerned on the day following the expiration of the period specified in paragraph (a) or the notification of the county council of the intention of the person not to take up such duty, whichever is the earlier, and, notwithstanding the said section 27 (1), a person recommended by the said Commissioners for the first appointment concerned shall take up duty as the holder of the office concerned within a period of two months of his notification by the said Commissioners of their recommendation in relation to his appointment to that office.

(4) Where any of the three offices become vacant, the request referred to in paragraph (a) of subsection (3) shall be deemed to have been made on the day following the occurrence of the vacancy or the notification of the county council of the vacancy, whichever is the earlier, and that subsection shall apply to the filling of the vacancy as if the appointment concerned was a first appointment to the office concerned.

(5) For the purposes of the application of the County Management Act, 1940 , to the three offices, section 10 and “(other than the county of Dublin)” in section 11 (3) of that Act shall be deleted.

(6) The three offices shall be major offices for the purposes of the Local Government Act, 1941 .