City and County Management (Amendment) Act, 1955

Cesser of holding of offices of Dublin City Manager and Dublin County Manager by the same person.

14.—(1) Where, in the case of the Corporation of Dublin and the council of the county of Dublin—

(a) one of them by resolution declare that the office of the Dublin City Manager and the office of the Dublin County Manager should cease to be held by one and the same person, and

(b) the other of them, on the day on which such resolution is passed or on a day within three months thereafter, by resolution also declare as aforesaid,

the Minister, with the consent of the Minister for Health and the Minister for Social Welfare, may by order terminate the operation of subsection (3) of section 3 of the Act of 1940.

(2) An order under subsection (1) of this section shall come into operation on the day specified in that behalf in the order, being a day not earlier than sixty days, and not later than one hundred and eighty days, after the day on which the order is made.

(3) An order under subsection (1) of this section shall be expressed and shall operate—

(a) to amend section 5 of the Act of 1940—

(i) by deleting “(other than the county of Dublin)” in subsection (2), and

(ii) by deleting “(other than the county of Dublin)” and “(other than the county borough of Dublin)” in subsection (3),

(b) to amend section 9 of the Act of 1940 by deleting subsection (1),

(c) to amend section 10 of the Act of 1940 by deleting subsection (2) and paragraph (e) of subsection (3),

(d) to amend subsection (3) of section 11 of the Act of 1940 by deleting “(other than the county of Dublin)”, and

(e) to amend section 14 of the Act of 1940 as follows:

(i) subsections (1) and (2) shall be deleted,

(ii) subsection (4) shall not apply with respect to an officer who was not a Dublin City Manager or a Dublin Assistant City Manager before the commencement of the order,

(iii) in case the order comes into operation on a day which is a 1st day of April, subsections (3), (7) and (8) shall not apply in respect of the local financial year beginning on that day or any subsequent local financial year,

(iv) in case the order comes into operation on a day which is not a 1st day of April—

(I) subsections (3), (7) and (8) shall not apply in respect of the local financial year next following that in which the order comes into operation or any subsequent local financial year,

(II) in applying subsection (3) in respect of the local financial year in which the order comes into operation, the expression “cost of management” shall, in lieu of having the meaning specified in subsection (4), mean the sum arrived at by ascertaining the total of all remuneration (including travelling and other personal expenses, if any) paid by the Corporation of Dublin in respect of the portion of that year before the coming into operation of the order to the Dublin City Manager and the Dublin Assistant City Managers respectively and deducting from that total all sums payable in pursuance of the said section 14 to the Corporation of Dublin in respect of that year by any joint body, and

(III) in making a payment under subsection (7) or subsection (8) in respect of the local financial year in which the order comes into operation, so much only of the sum referred to in the subsection shall be paid as bears to that sum the same proportion as the portion of that year before the commencement of the order bears to one year.

(4) Immediately before the commencement of an order under subsection (1) of this section, a person then holding, whether in a permanent or a temporary capacity, the office of Dublin City Manager and the office of Dublin County Manager, shall cease to hold the latter office, but such cesser shall not qualify him for any superannuation allowance, gratuity or like benefit.

(5) Immediately before the commencement of an order under subsection (1) of this section, a person (other than a person specified in section 22 of this Act) then holding, whether in a permanent or a temporary capacity, the office of Assistant Dublin City Manager and the office of assistant county manager for the county of Dublin, shall cease to hold the latter office, but such cesser shall not qualify him for any superannuation allowance, gratuity or like benefit.