Waterford City Management Act, 1939

Reserved functions.

11.—(1) The Council shall directly exercise and perform all and every of the powers, functions, and duties of the Corporation in relation to the following matters, that is to say:—

(a) the making of any rate or the borrowing of any moneys;

(b) the making, amending, or revoking of any bye-law;

(c) the making of any order and the passing of any resolution by virtue of which any enactment is brought into operation in or made to apply to the City and the revoking of any such order and the rescinding of any such resolution;

(d) the application to be made to any authority in respect of the making or revoking of any such order as aforesaid;

(e) the nomination of a person to be a candidate at an election of a person to the office of President of Ireland;

(f) the powers conferred by section 3 of the Borough Funds (Ireland) Act, 1888, in relation to the promotion or the opposing of legislation, the prosecution and defence of any such legal proceedings as are mentioned in that section, and the application for those purposes of the public funds and rates under the control of the Corporation;

(g) the appointment or election of any person to be a member of any public body;

(h) parliamentary and local elections;

(i) the admission of persons to the freedom of the City;

(j) subject to the provisions of this Act, the appointment, suspension and removal of the manager and the granting of an allowance or gratuity to the manager on his ceasing to be the manager;

(k) the determination of the amount of the salary and remuneration of the Mayor;

(l) applications to the Minister for a provisional order under this Act extending the boundary of the City;

(m) the disposition (otherwise than by demise for a term not exceeding one year) under the Municipal Corporations (Ireland) Acts, 1840 to 1888, of lands, tenements, and hereditaments belonging to the Corporation;

(n) the appointment of representatives of the Corporation to attend any such conference or meeting as is mentioned in section 2 of the Public Health and Local Government Conferences Act, 1885, and the exercise of the power conferred by that section in relation to the payment of the expenses of the attendance of such representatives at such conferences and meetings;

(o) the doing under an Act passed before this Act of anything which is declared by that Act to be, in the case of the county borough of Dublin, a reserved function within the meaning of the Local Government (Dublin) Act, 1930 (No. 27 of 1930).

(2) The Minister may, subject to the provisions of this section, by order require that the powers, functions and duties of the Corporation in relation to any matter not included in the matters referred to in the foregoing sub-section shall be exercised and performed directly by the Council and upon such order being made the said powers, functions and duties shall, as on and from the date specified in that behalf in such order, be exercised and performed directly by the Council and shall continue so to be exercised and performed while such order remains in force.

(3) The Minister may, subject to the provisions of this section, revoke an order made by him under this section.

(4) The Minister shall not make or revoke an order under this section save upon the application of the Council made to the Minister in pursuance of a resolution passed by the Council and for the (passing of which more than one-half of the members of the Council voted and which was so passed after not less than one month's notice of the intention to propose such resolution had been given in writing by the Manager to every member of the Council.

(5) Upon receipt by him of any such application as aforesaid the Minister, before (as the case may be) making or revoking an order under this section, may, if he thinks fit, hold a local inquiry into any matters which appear to him to be relevant to the purpose of (as the case may be) making or revoking such order.

(6) No order made by the Minister under this section shall extend or apply to any power, function, or duty conferred or imposed on the manager by or under this Act in relation to the officers and servants of the Corporation or the control, supervision, service, remuneration, privileges, or superannuation of such officers and servants or any of them.

(7) In this Act the expression “reserved functions” means the powers, functions and duties of the Corporation which are for the time being required by this section or by an order made under this section to be exercised and performed by the Council directly.