County Management (Amendment) Act, 1942

Power to declare certain bodies to be joint bodies.

3.—(1) The Minister may by order, whenever he so thinks fit, declare any particular board or committee (other than a pier or harbour authority or a vocational education committee), not less than half the members of which are required to be appointed by two or more rating authorities severally, to be a joint body within the meaning and for the purposes of the Principal Act.

(2) The Minister may by order, whenever he so thinks fit, revoke any order previously made by him under the foregoing sub-section of this section or under this sub-section.

(3) Whenever the Minister makes an order under sub-section (1) of this section, the following provisions shall, so long as such order continues in force, apply and have effect in relation to the board or committee to which such order relates, that is to say:—

(a) such board or committee shall be a joint body within the meaning and for the purposes of the Principal Act as if such board or committee were mentioned in sub-section (2) of section 1 of that Act, and the Principal Act shall be construed and have effect in relation to such board or committee accordingly;

(b) the functional area of such board or committee shall, for the purposes of the Principal Act, be deemed to be the area consisting of the respective functional areas of the several rating authorities by which not less than half the members of such board or committee are required to be appointed;

(c) if, at the date of such order, such board or committee is by virtue of any enactment then in force a local authority within the meaning and for the purposes of section 72 of the Local Government Act, 1925 (No. 5 of 1925), such board or committee shall be a local authority within the meaning and for the purposes of Part IV of the Act of 1941, and that Part of that Act shall apply and have effect in relation to such board or committee accordingly.

(4) Every order made by the Minister under sub-section (1) of this section in respect of a board or committee which is in existence at the passing of this Act—

(a) shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made, and

(b) may be annulled by either such House by resolution passed within the next twenty-one days on which that House has sat after such order is laid before it, and

(c) shall (unless so annulled) come into force at the expiration of the time within which it may be so annulled or, where a date is specified in such order for its coming into force, on that date or at the said expiration, whichever is the later.