Local Government Act, 1994
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Implementation of reorganisation proposals. |
59.—(1) The Minister may, having considered a reorganisation report of the Commission, by regulations under subsection (2) give effect to and provide for the implementation of the proposals made therein, with or without modifications. Different regulations may be made at different times in respect of different matters to allow for the implementation of such proposals on a phased and orderly basis. | |
(2) Regulations under this subsection may make provision for— | ||
(a) the constitution of specified classes of local authority, their titles, corporate status and finances; | ||
(b) the allocation of functions under different enactments to local authorities of different classes and the application to authorities of different classes of specified enactments; | ||
(c) the relationships between different classes of local authorities and county councils; | ||
(d) staffing, organisational and other administrative arrangements; | ||
(e) criteria and procedures for the establishment of a local authority of a particular class for a town for which there is no local authority in existence at the commencement of this Part; and | ||
(f) such other measures as may be necessary for the establishment of such classes of local authority. | ||
(3) Where it is proposed to make regulations under subsection (2) a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House. | ||
(4) The Minister may by regulations under this subsection provide that any local authority in existence at the time of the making of such regulations shall be a local authority of such class as may be specified therein. | ||
(5) Regulations under subsection (2) or (4) may contain all such provisions as appear to the Minister to be necessary or expedient for the purposes of or to give full effect to or to facilitate the implementation of the proposals or modified proposals referred to in subsection (1) and without prejudice to the generality of the foregoing such regulations may include provision for— | ||
(a) the reconstitution of a local authority as a local authority of a class referred to in subsection (2) (a); | ||
(b) the making and operation of transitional arrangements arising from or in relation to such implementation including the preparation of schemes by the relevant managers, to have effect in accordance with the provisions of the regulations, in relation to functions, finances, staffing, property, organisational arrangements or any other things affected by such implementation and for the transfer if such is necessary of any property, officers and employees or any other thing to a specified local authority; | ||
(c) the adjustment of any matter or thing (including any financial adjustment) that in the opinion of the Minister will arise from the implementation of reorganisation proposals or modified proposals; | ||
(d) any matter or thing for or in respect of which provision is made by section 16 or 17 of the Local Government (Dublin) Act, 1993 , or for which provision may be made by order under section 9 or 34 of the Act of 1991 with such modifications as the Minister may consider appropriate in the particular circumstances. | ||
(6) Regulations under this section shall have effect notwithstanding the provisions of any other enactment and every such enactment shall be construed and have effect subject to and in accordance with the provisions of the regulations. |