Local Government (Dublin) Act, 1993
Establishment and boundaries of administrative counties. |
9.—(1) On the establishment day— | |
(a) the county shall cease to exist, | ||
(b) the borough shall cease to exist, | ||
(c) the electoral counties shall cease to exist, and | ||
(d) the united district of the burial board shall cease to exist. | ||
(2) On the establishment day the area of the county, as existing on the commencement of section 8 , shall stand divided into three administrative counties which shall each be coterminous with the area of the corresponding electoral county (as existing on such commencement) and which administrative counties shall be known respectively as— | ||
(a) Áth Cliath Theas, | ||
(b) Fine Gall, | ||
(c) Dún Laoghaire-Ráth an Dúin; | ||
or, in the English language— | ||
(a) South Dublin, | ||
(b) Fingal, | ||
(c) Dun Laoghaire-Rathdown. | ||
(3) The boundary of each of the administrative counties mentioned in subsection (2) shall be the boundary as shown on the maps prepared pursuant to section 10 . | ||
(4) The council of a county established by section 11 may, subject to the provisions of this subsection, subsection (5) and regulations made under subsection (7), apply to the Government to make an order under subsection (6) changing the name of its administrative county from the name specified in subsection (2) to such other name as such council may specify in such application. | ||
(5) (a) Such council shall not make such an application unless— | ||
(i) it has first given public notice of its intention to do so and invited submissions in that regard, | ||
(ii) considered any submissions received, and | ||
(iii) more than one half of the total membership of the relevant council vote in favour of the resolution proposing the application. | ||
(b) The exercise by a council of a function under this subsection, subsection (4) or subsection (9) shall be a reserved function for the purposes of the County Management Acts, 1940 to 1993. | ||
(c) Nothing in this subsection or in subsection (4) shall be construed as restricting the exercise by such council of functions under section 5 of the Act of 1991. | ||
(6) (a) Where an application is duly made by the council of a county under subsection (4), the Government may by order change the name of the administrative county to such other name as they think fit. | ||
(b) An order under this subsection shall come into operation on the 1st day of January next following the expiration of six months from the date of the order. | ||
(7) Regulations may be made by the Minister under this subsection as regards the general operation of subsections (4), (5) and (6) and such regulations may include requirements in relation to an application under subsection (4), consultation by a council with specified persons prior to the making of such application, public notice under subsection (5) (a) (i), and the giving of notice to specified persons of an order made under subsection (6). | ||
(8) (a) Where an order is made under subsection (6) changing the name of an administrative county from its existing name to a new name, then, on and from the date on which the order comes into operation every reference in any instrument, document or map to the existing name shall be construed as a reference to the new name. | ||
(b) A change of the name of an administrative county by an order under subsection (6) shall not affect any rights or obligations of any authority or person or render defective any legal proceedings, and any legal proceedings may be continued as if there were no change of name. | ||
(9) Without prejudice to any other provision of this section the council of a county established by section 11 shall, not later than one year after the establishment day consider the question of the name of its administrative county. |