Local Government Act, 1946

Amalgamation of offices.

36.—(1) Where the same Minister is the appropriate Minister in relation to any particular offices, such Minister may, subject to the provisions of this section and after consultation with the local authority or local authorities concerned, by order amalgamate the offices, and thereupon the offices shall be deemed for all purposes to be one office under such title (if any) as is specified in the order.

(2) Offices shall not be amalgamated under this section unless—

(a) each of the offices is vacant, or

(b) each of the offices is held by the same person, or

(c) one only of the offices being not vacant, the holder thereof consents to the making of the order, or

(d) in any other case, the same person holds each of such of the offices as are not vacant and such person consents to the making of the order.

(3) Where offices amalgamated under this section are not all under the same local authority, the following provisions shall have effect :—

(a) appointments to the amalgamated office shall be made by such one of the local authorities concerned as the appropriate Minister shall by order specify,

(b) the holder of the amalgamated office shall be entitled to payment of remuneration either, as the appropriate Minister shall by order provide, in respect of each of the offices so amalgamated from the local authority under whom it is held or in respect of the amalgamated office from the local authorities concerned in specified proportions,

(c) the appropriate Minister may by order provide for the payment to the holder of the amalgamated office by one of the local authorities concerned of all the remuneration to which the holder is entitled either (as the case may be) in respect of each of the offices so amalgamated or in respect of the amalgamated office, and for the repayment to that local authority—

(i) in case the local authorities concerned are two in number, by the other local authority concerned of the portion of such remuneration payable by them, and

(ii) in case the local authorities concerned are three or more in number, by the other local authorities concerned of the portions of such remuneration respectively payable by them,

(d) a sum repayable under an order made under paragraph (c) of this subsection to a local authority by another local authority may be recovered by the first-mentioned authority from the other authority as a simple contract debt in any court of competent jurisdiction.

(4) The appropriate Minister may by order revoke or amend an order previously made by him under this section.

(5) An order made under section 32 (repealed by this Act) of the Act of 1941 and in force immediately before the commencement of this section shall continue in force and shall be deemed to have been made under this section and to be capable of being amended or revoked accordingly.