Local Government Act, 1994

An Chomhairle Leabharlanna.

34.—(1) In this section “the Act of 1947” means the Public Libraries Act, 1947 .

(2) Notwithstanding the repeal of the Act of 1947 by section 4 , the body known as An Chomhairle Leabharlanna (“the Council”) standing established at the commencement of this section shall continue to stand established and shall continue to be a body corporate with perpetual succession and a seal, and power to sue and be sued in its corporate capacity and hold land.

(3) Judicial notice shall continue to be taken of the seal of the Council, and every document purporting to be sealed with the seal of the Council and to be authenticated in the manner prescribed shall, unless the contrary is proved, be deemed to have been duly and lawfully so sealed and be received in evidence without further proof and, in particular, without proof of any signature affixed to such document for the purpose of such authentication and without proof of the office or authority of the person whose signature such signature purports to be.

(4) A person who immediately before the commencement of this section was either the chairman or any other member of the Council shall continue to hold that office until the next appointment of members.

(5) The functions of the Council shall, subject to subsection (7), be the functions prescribed in the Act of 1947 and such other functions as may be specified in regulations under that subsection.

(6) Upon repeal of the Act of 1947 and the commencement of regulations under subsection (7), the Council shall operate in accordance with this section and with the provisions of such regulations without prejudice to the continued application of the Local Authorities (Officers and Employees) Act, 1926 , to an office under the Council in so far as it applies on the commencement of this section.

(7) (a) The Minister may make regulations for the purposes of the continued establishment and operation of the Council.

(b) Without prejudice to the generality of paragraph (a) regulations for such purposes may contain provisions in relation to the expenses, funding and functions of the Council, to any matter provided for in the Act of 1947 or any matter which may be included in an order under the Local Government Services (Corporate Bodies) Act, 1971 , or such other provisions as the Minister may think proper for the purposes of this section.