County Management Act, 1940

Appointment by county councils and elective bodies of members of certain public bodies.

35.—(1) So much of any statute or of any order made under any statute as requires that a person elected or nominated to be a member of a public body by the council of a county or by an elective body shall be a member of the council or body by whom he is elected or nominated shall not apply in respect of any person elected or nominated on or after the commencement of this Act by the council of a county or by an elective body to be a member of a public body, and in lieu thereof it is hereby enacted that any person who, after such commencement, is elected or nominated by the council of a county or by an elective body to be a member of a public body and who, but for this section would be required to be a member of such council or of such elective body shall be such person willing to act, whether a member or not a member of such council or of such elective body, as such council or body considers to be best fitted, by reason of his special knowledge or practical experience of the matters administered by such public body, for membership thereof.

(2) Nothing in the foregoing sub-section shall operate to render unnecessary—

(a) the possession by any person who, after the commencement of this Act, is elected or nominated by the council of a county or by an elective body to be a member of any public body of any special qualification (other than membership of such council or elective body) which such person is required by law to possess, or

(b) compliance with the requirements of sub-section (2) of section 9 of the Local Government (Ireland) Act, 1898 , so far as the said sub-section (2) as adapted, amended, or applied by or under any Act of the Oireachtas relates to membership of the joint committee of management of a district mental hospital, or

(c) compliance with the requirements of section 8 of the Vocational Education Act, 1930 (No. 29 of 1930), or

(d) compliance with the requirements of paragraph 2 of the Second Schedule to the Agriculture Act, 1931 (No. 8 of 1931), or

(e) compliance with the requirements of paragraph (c) of sub-section (1) of section 9 of the Public Assistance Act, 1939 (No. 27 of 1939), in relation to a public assistance authority to which the said section 9 applies, or compliance with paragraph (e) of sub-section (2) of section 10 of the said Act in relation to a public assistance authority to which the said section 10 applies.