Local Government (Dublin) Act, 1993
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) This Act may be cited as the Local Government (Dublin) Act, 1993.
(2) The Local Government (Dublin) Acts, 1930 to 1991, and this Act may be cited together as the Local Government (Dublin) Acts, 1930 to 1993.
(3) The County Management Acts, 1940 to 1991, and so much of this Act as relates to the management of counties and elective bodies may be cited together as the County Management Acts, 1940 to 1993.
(4) The Vocational Education Acts, 1930 to 1970, and section 19 may be cited together as the Vocational Education Acts, 1930 to 1993.
(5) This Act shall come into operation on such day or days as the Minister may fix by order, either generally or with reference to a particular purpose or provision, and different days may be so fixed for different purposes and provisions of this Act (including the repeal or revocation effected by section 4 of different enactments).
num: 2
paragraphs: —(1) In this Act, except where the context otherwise requires—
“the Act of 1991” means the Local Government Act, 1991 ;
“area committee” means a committee established pursuant to section 18 of the Act of 1991;
“the borough” means the Borough of Dun Laoghaire established by the Local Government (Dublin) Act, 1930 ;
“the borough area” means that part of the administrative county of Dun Laoghaire-Rathdown which before the establishment day was the borough;
“the burial board” means the Deans Grange Joint Burial Board, established by the Local Government Board (Ireland) Provisional Order Confirmation (No. 4) Act, 1899;
“the city” means the county borough of Dublin;
“the commissioner” means the Commissioner of Valuation;
“the county”, in relation to any time before the establishment day, means the administrative county of Dublin;
“the county council”, in relation to any time before the establishment day, means the council of the county;
“development plan” means a development plan within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1993;
“direction” means a direction in writing;
“Dublin Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;
“Dun Laoghaire Corporation” means the Corporation of Dun Laoghaire established by the Local Government (Dublin) Act, 1930 ;
“dissolved body” means the county council, Dun Laoghaire Corporation or the burial board, as may be appropriate;
“electoral county” means an electoral county established by section 12 of the Local Government (Reorganisation) Act, 1985 ;
“enactment” includes an instrument made under an enactment;
“the establishment day” means the day appointed by order under section 7 to be the establishment day;
“functions” includes powers and duties;
“local authority” means a local authority for the purposes of the Local Government Act, 1941 ;
“manager” means—
(a) as respects Dublin Corporation, the city manager for the purposes of the Local Government (Dublin) Acts 1930 to 1993, and
(b) as respects the council of a county or an elective body, the manager for the purposes of the County Management Acts, 1940 to 1993;
“the Minister” means the Minister for the Environment;
“principal authority” shall be construed in accordance with subsection (3);
“the Regulations of 1993” means the Dublin (Preparations for Reorganisation) Regulations, 1993 ( S.I. No. 52 of 1993 ) made by the Minister under sections 3 and 24 of the Act of 1991;
“the reorganisation report” means the report prepared under section 23 of the Act of 1991;
“successor” shall be construed in accordance with subsection (2).
(2) In this Act, except where the context otherwise requires, “successor” means—
(a) in relation to Dun Laoghaire Corporation and the burial board — Dun Laoghaire-Rathdown County Council, and
(b) in relation to the county council — South Dublin County Council, Fingal County Council or Dun Laoghaire-Rathdown County Council, as may be appropriate,
num: 3
paragraphs: —(1) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution annulling such regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(2) Every order made under section 1 (5), subsection (3) of this section, section 7 or section 9 (6) shall be laid before each House of the Oireachtas as soon as may be after it is made.
(3) The Minister may by order amend or revoke an order made by the Minister under this Act (including an order made under this subsection).
(4) The Minister may make regulations for the purposes of this Act or in consequence of any of its provisions or for the purpose of enabling any provision to have full effect.
(5) Without prejudice to any specific provision of this Act, every regulation made under this Act may contain such incidental, consequential, transitional or supplementary provisions (including provisions for the purpose of securing the continuity of any provision of this or of any other Act or instrument repealed, revoked, amended or otherwise affected by this Act or by any regulations or order made thereunder) as may appear to the Minister making the regulations to be appropriate for the purposes of this Act or of any regulations made thereunder.
(6) Regulations under this Act may apply to any class or classes of local authorities specified in the regulations, to a particular local authority or to a particular part of the administrative area of a local authority (including the borough area) so specified and may contain different provisions in relation to different local authorities or to different parts of the administrative area of a local authority.
(7) If in any respect any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may by regulations do anything which appears to be necessary or expedient for removing that difficulty, for bringing that provision into operation, or for securing or facilitating its operation but no regulations shall be made under this subsection after the expiration of 3 years after the establishment day.
num: 4
paragraphs: —(1) The enactments mentioned in the First Schedule are hereby repealed to the extent specified in the third column of that Schedule.
(2) The provisions of the Local Government (Dublin) Act, 1930 , shall, in relation to Dun Laoghaire Corporation and the borough, so far as they are not repealed by this Act, cease to have effect.
num: 5
paragraphs: —(1) Every enactment (including any provision contained in a local, personal or private Act) and every order, regulation, rule, byelaw or other instrument or agreement in force immediately prior to the establishment day shall, on and after such day but subject to any regulations made under this section, be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Act or regulations thereunder and to have effect in conformity therewith.
(2) The Minister or any other Minister of the Government, after consultation with the Minister, may, in respect of any enactment, instrument or agreement which relates to matters for which the relevant Minister has general responsibility, make regulations for the purposes of subsection (1).
num: 6
paragraphs: —(1) It shall be the duty of the relevant local authorities and their officers and employees to cooperate with each other and generally to exercise their functions so as to facilitate the implementation of this Act.
(2) Subject to the provisions of this Act and of any regulations made thereunder and notwithstanding the provisions of any other enactment, the relevant local authorities and their officers and employees may, prior to the commencement of any provision of this Act and in anticipation of such commencement, or following such commencement, do anything which may be necessary as a preliminary to, or for the purpose of facilitating, the commencement or securing the operation of such provision or which is necessary to give full effect to, or which arises from, by reason of or is otherwise related to such provision.
(3) Every act done by a relevant local authority before and in anticipation of the commencement of any of the provisions of this Act shall have and be deemed always to have had all such (if any) validity and effect as it would have had if this Act or if such provisions had been in force when such act was done.
(4) The Minister may give to the relevant local authorities and the managers (including the area managers) for those authorities such general or particular directions in relation to the execution of or compliance with any provision of this Act or regulations thereunder (including directions that specified steps be taken or not taken, or be taken subject to specified conditions, or specified things be done or not done or be done subject to specified conditions, by the persons aforesaid or any of them) as appear to the Minister to be necessary or expedient for securing or facilitating the operation of such provision or the giving of full effect thereto.
(5) The Minister may by direction amend or revoke a direction given under this Act (including a direction under this subsection).
(6) A person to whom a direction is given under this Act shall comply therewith.
(7) In this section “the relevant local authorities” means—
(a) prior to the establishment day — Dublin Corporation, the county council, Dun Laoghaire Corporation and the burial board;
(b) on and after the establishment day — the principal authorities.
num: 7
paragraphs: —The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.
num: 8
paragraphs: —(1) The boundary between the city and the county as existing immediately before the establishment day shall stand altered on and from that day so as to correspond with—
(a) the recommended boundary shown on Map No. 11 of the reorganisation report, and
(b) such alterations as may be made pursuant to section 10 (2),
and the boundaries of the electoral counties shall accordingly also stand so altered to correspond with the foregoing alterations.
(2) Arising from such alterations in the boundary between the city and the county—
(a) each of the areas of the city which is to transfer to the county (the “excluded areas”) shall be detached from the city and from the jurisdiction and powers of Dublin Corporation and added to the county and each of the said areas shall be included in, and form part of, the county for all purposes, and
(b) each of the areas of the county which is to transfer to the city (the “added areas”) shall be detached from the county and from the jurisdiction and powers of the county council and added to the city, and shall be included in, and form part of, the city for all purposes.
num: 9
paragraphs: —(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) Ã?th Cliath Theas,
(b) Fine Gall,
(c) DÃºn Laoghaire-RÃ¡th an DÃºin;
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.
num: 10
paragraphs: —(1) As soon as may be after the enactment of this Act the commissioner shall prepare for each of the proposed counties a map, in quadruplicate, drawn to such convenient scale and in such convenient number of separate sheets as the commissioner thinks fit, showing the boundaries of the proposed county and when such maps have been prepared, the commissioner shall seal each such map and shall, as soon as may be thereafter, deposit them as follows, namely, one of them in the principal office of the commissioner, another in the offices of the Minister, one in the principal office of Dublin Corporation and one in the principal office of the relevant county council when established.
(2) In preparing the said maps the commissioner shall, at the request of the Minister notwithstanding—
(a) any description in this or in any other enactment of any boundary of the city, the county or any other county, or of an electoral county, or of any alteration of such, or
(b) any such boundary as shown on any map prepared pursuant to any enactment prior to the commencement of this section,
fix the boundary of any of the proposed counties so as to avoid any minor anomaly such as the division of any building, other structure or public open space by such boundary or to bring it into conformity with any description referred to in paragraph (a).
(3) Every map deposited pursuant to subsection (1) shall be retained in the office in which it is so deposited, and each such map, or true copies thereof, shall be open for inspection free of charge at the office (other than the office of the Minister) in which it is so deposited by any person at any time at which such office is open for the transaction of public business, and it shall be lawful for the commissioner, the Corporation or the council to prepare and supply to any person requesting the same a true copy of any map so deposited or any particular part thereof and to charge for such copy such sum as the commissioner, with the consent of the Minister for Finance, or the Corporation or council may fix.
(4) It shall be the duty of the commissioner and of the Corporation and the council, respectively, whenever required so to do by any Court of Justice, to prepare and produce to the Court a true copy of the map deposited with such person pursuant to subsection (1) or any specified part thereof and to verify the copy to such Court by the oath of an officer of the commissioner, Corporation or council, and the Court shall receive the copy in evidence and thereupon the copy shall, unless the contrary is shown, be sufficient evidence of the boundary (in so far as the same is shown on the copy) of the county to which the copy purports to relate, notwithstanding any discrepancy between the copy and any other description of a boundary or any ambiguity or uncertainty in such description or in the application thereof.
num: 11
paragraphs: —(1) On the establishment day a council shall stand established in each of the administrative counties established by section 9 and each such council shall consist of a cathaoirleach and councillors.
(2) Each of the councils established by subsection (1) shall have, so far as is consistent with this Act or any regulations made thereunder, the functions which are for the time being vested by law in the councils of administrative counties generally and such other functions as were immediately before the establishment day vested by law in the county council and, without prejudice to the generality of the foregoing, the law which for the time being applies in respect of the councils of administrative counties generally and the law which immediately before that day applied in respect of the county council in particular, shall, insofar as is consistent with this Act or any regulations made thereunder, apply to the said councils.
(3) Pending the elections to councils of counties next after the establishment day article 81 of the Local Elections Regulations, 1965 shall have effect subject to the requirement that the annual meeting of each council established by subsection (1) shall be held within the period within which the county council would have been required to hold its annual meeting if this Act had not been enacted.
num: 12
paragraphs: —(1) The number of members of a council established by section 11 shall be that set out in column (2) of the Table to this subsection opposite the mention in column (1) thereof of that council.
TABLE
(1)
(2)
County Council
Number of members of council
South Dublin
26
Fingal
24
Dun Laoghaire-Rathdown
28
(2) The persons who immediately before the establishment day were members of the area committee for South Dublin, Fingal or Dun Laoghaire-Rathdown shall be regarded for all purposes as having been elected to the council of the relevant administrative county and shall on that day become and be members of that council and the chairman of the area committee shall become and be the cathaoirleach of that council.
(3) (a) As soon as may be after the making of an order under section 7 the person who is to be cathaoirleach of the relevant council shall, following consultation with the area manager for that committee, fix a day, being a day not later than ten days after the establishment day, to be the day of the first meeting of that council.
(b) If for any reason the day of the first meeting of such council is not fixed, or having been fixed such meeting is not held, the meeting shall be held on such day as the Minister may fix.
num: 13
paragraphs: —(1) On the establishment day there shall stand established an office of county manager in respect of each of the counties established by section 9 and a person who, immediately before that day, held in a permanent capacity an office of area manager shall, in pursuance of section 22 of the Act of 1991, stand appointed to the office of county manager for the appropriate county and shall accordingly be a manager for the purposes of the County Management Acts, 1940 to 1993.
(2) For the purposes of section 47 (1) of the Act of 1991 and notwithstanding the provisions of section 47 (2) of the said Act a period served in an office of county manager referred to in subsection (1) by a person appointed to such office by virtue of that subsection shall be deemed to exclude the period served by the person concerned in the office of area manager provided that the person concerned sends a written communication signifying agreement to such exclusion to the Minister within a period of six months from the commencement of this section.
(3) On the establishment day a person then holding, whether in a permanent or a temporary capacity—
(a) the office of Dublin City Manager and Town Clerk and the office of Dublin County Manager, shall cease to hold the latter office,
(b) an office of Dublin Assistant City Manager and an office of Assistant County Manager for County Dublin, shall cease to hold the latter office.
(4) The cesser of office of any person by virtue of subsection (3) shall not qualify him for any superannuation allowance, gratuity or like benefit but the remuneration of such a person shall not be reduced by virtue of such cesser of office during his continuance in the office of Dublin City Manager or the office of Dublin Assistant City Manager.
(5) On the establishment day, the office of Dublin County Manager and the offices of Assistant County Manager for County Dublin (including the three offices created by section 21 of the Act of 1991) shall be abolished and cease to exist.
(6) (a) As soon as may be after the establishment day there shall be paid to Dublin Corporation by South Dublin, Fingal and Dun Laoghaire-Rathdown County Councils the sum for which, but for this Act, Dublin County Council would have been liable pursuant to section 14 (3) and (4) of the County Management Act, 1940 in respect of the local financial year immediately preceding such day.
(b) South Dublin, Fingal and Dun Laoghaire-Rathdown County Council shall, respectively, be liable for such portion of the sum referred to in paragraph (a) as may be agreed between such councils and Dublin Corporation or, in default of agreement, as may be determined by the Minister, or by a person appointed by the Minister for that purpose.
num: 14
paragraphs: — Section 14 (2) of the Local Government (Financial Provisions) Act, 1978 , shall apply to each council established by section 11 for the local financial year in which that council is established as if the reference to expenditure or liability incurred in a previous financial year were to such portion of the expenditure of the county council as would have related to each such council and in the case of Dun Laoghaire-Rathdown the said portion with the addition of the expenditure of Dun Laoghaire Corporation and the burial board.
num: 15
paragraphs: —(1) On the establishment day the county council shall be dissolved and cease to exist and thereupon Dun Laoghaire-Rathdown, Fingal and South Dublin County Councils shall, subject to the provisions of this Part and the Second Schedule , become and be the successors of the county council, each (so subject) in respect of such part of the county as becomes its administrative county.
num: 16
paragraphs: —(1) The provisions contained in the Second Schedule shall (so far as may be appropriate) apply in relation to the dissolutions effected by section 15 (1) and (2) and the succession to bodies thereby dissolved of the South Dublin, Fingal and Dun Laoghaire-Rathdown County Councils, as determined in accordance with and subject to the schemes made pursuant to the Regulations of 1993.
(2) (a) Every scheme made pursuant to the provisions of the Regulations of 1993 shall, subject to paragraph (b), be final and conclusive and, accordingly, shall be enforceable by any or all of South Dublin, Fingal and Dun Laoghaire-Rathdown County Councils and by Dublin Corporation (so far as any particular scheme may apply to such Corporation) against any or all of such councils or Corporation.
(b) Any such scheme may, on or after the establishment day, be amended or otherwise modified as if such amended or modified scheme were a new scheme prepared under the said regulations.
(3) Where any matter or thing arising from, or in relation to, or otherwise connected with, a dissolution effected by section 15 (1) or (2) requires to be adjusted in consequence of such dissolution or where the Minister considers it appropriate that specified arrangements should apply in relation to such matter or thing and no provision for such adjustment or arrangements is otherwise made by this Act the Minister may by order make such adjustment or arrangements and the order shall have effect accordingly.
num: 17
paragraphs: —(1) Every officer of a dissolved body shall, on the establishment day, in accordance with such designation as is made or deemed to be made under article 8 of the Regulations of 1993, transfer to and become an officer of the county council established by section 11 to which the officer is so designated or deemed to be so designated for transfer. Every office held by such an officer shall be deemed to become an office under the county council to which its holder is so designated or deemed to be so designated for transfer.
(2) Every office of a dissolved body, which is vacant on the establishment day, and to which it is proposed to make an appointment shall, on the establishment day, in accordance with article 8 (3) of the Regulations of 1993, transfer to and become an office under the county council to which its appointee is so designated for transfer. A person appointed to such an office shall, on appointment, become an officer of the county council to which the office was, on the establishment day, transferred.
(3) Every employee of a dissolved body, not being an officer of such dissolved body shall, on the establishment day, in accordance with such designation as is made or deemed to be made under article 8 of the Regulations of 1993, transfer to and become an employee of the county council established by section 11 to which the employee is so designated or deemed to be so designated for transfer.
(4) Where on or before the establishment day it is proposed to appoint a person as an employee pursuant to article 8 (3) of the Regulations of 1993, such person shall, on appointment, become an employee of the county council specified in the designation made under the aforementioned article.
(5) Every contract of service express or implied which is in force immediately before the establishment day between a dissolved body and any person to whom subsection(3) applies shall continue in force on and after the establishment day, but shall be construed and have effect as if the county council by which the person so becomes employed were substituted therein for such dissolved body, and every such contract shall be enforceable by or against such county council accordingly.
num: 18
paragraphs: —(1) Each of the councils established by section 11 shall at its inaugural meeting appoint three members to the Eastern Health Board.
(2) The said members shall come into office on the day following the day of the making of the last such appointment.
(3) Notwithstanding the dissolution of the borough corporation and the county council the persons appointed as members of the Eastern Health Board by those bodies shall continue to hold office until the coming into office of the persons appointed pursuant to subsection (1).
(4) Article 4 (2) of the Health Boards Regulations, 1970 ( S.I. No. 170 of 1970 ) is hereby amended by the substitution for the words “of Dublin” of the words “of South Dublin, Fingal, Dun Laoghaire-Rathdown,”.
(5) Article 4 (3) of the Health Boards Regulations, 1970 is hereby amended by the substitution for the words “thirty five” of the words “thirty eight” and by the deletion in paragraph (a) of the said article of the words “four members appointed by the Council of the County of Dublin, two members appointed by the Corporation of Dun Laoghaire,” and the insertion in their place of the words “three members appointed by each of the Councils of the Counties of South Dublin, Fingal and Dun Laoghaire-Rathdown,”.
(6) The persons appointed pursuant to subsection (1) shall (subject to death, resignation or becoming disqualified) hold office until the day after their successors have been appointed at the annual meeting of the relevant county council held next after the elections to councils of counties occurring next after the enactment of this Act.
(7) A person who would cease to hold office pursuant to subsection (3) by virtue of the dissolution of the borough corporation and the county council shall be eligible for appointment under subsection (1).
num: 19
paragraphs: —(1) Notwithstanding the provisions of section 6 of the Vocational Education Act, 1930 and of this Act the County Dublin and The Borough of Dun Laoghaire Vocational Education committees shall continue to exist and all persons elected to those committees prior to the establishment day shall continue to hold office for the period for which they would have held such office if this Act had not been enacted.
(2) Notwithstanding the provisions of section 7 of the Vocational Education Act, 1930 the County Dublin Vocational Education Committee shall continue to be so styled and known and The Borough of Dun Laoghaire Vocational Education Committee shall be styled and known as the Dun Laoghaire Vocational Education Committee.
(3) Nothing in this Act shall be deemed to alter the vocational education areas of the said committees.
(4) Pending the next elections to councils of counties, the Minister for Education may, by regulations, make such arrangements in relation to the continuation of the said committees as are considered appropriate including arrangements for the filling of casual vacancies and such modifications of the Vocational Education Acts, 1930 to 1970, as are considered necessary.
num: 20
paragraphs: —(1) On and from the establishment day, schemes carried out by the county council in accordance with the provisions of the Local Authorities (Higher Education Grants) Acts, 1968 to 1992 shall have effect in respect of South Dublin, Fingal and Dun Laoghaire-Rathdown County Councils with such modifications as may be necessary and shall be carried out by such councils accordingly.
(2) The Minister for Education may by regulations make such arrangements as are, in the opinion of that Minister, appropriate for carrying this section into effect.
num: 21
paragraphs: —(1) On the establishment day, the borough area shall become and be a school attendance area for the purposes of the School Attendance Acts, 1926 to 1967, and there shall accordingly be a school attendance committee for that area which shall be the successor of committees which existed before that day.
(2) Notwithstanding the provisions of the School Attendance Acts, 1926 to 1967, or any order made under those Acts—
(a) the members of the school attendance committees for school attendance areas in the borough immediately prior to the establishment day, shall on such day become and be the members of the committee referred to in subsection (1), and
(b) the said members shall (subject to death, resignation or otherwise ceasing to hold office) continue in office until the expiry of the period for which they were appointed and for that period the provisions of the said Acts as to the filling of casual vacancies shall cease to apply and have effect in respect of that committee.
(3) The provisions of the School Attendance Acts, 1926 to 1967 shall apply to the said committee and to all appointments to be made to that committee subsequent to those to which subsection (2) applies in like manner as they apply to other school attendance committees.
num: 22
paragraphs: —(1) Clause VII of the Charter of University College Dublin, which provides for the election of a member of the Governing Body of the College by Dublin County Council is hereby amended by the substitution in subclause (4), for the reference to that Council, of a reference to Dun Laoghaire-Rathdown County Council and references in the Statutes of the College to the former council shall be construed accordingly.
(2) Notwithstanding subsection (1) a person elected by the county council in accordance with the said statutes in the year prior to the establishment day to be a member of the Governing Body shall in accordance with those statutes become and be a member of that body and shall hold office accordingly.
num: 23
paragraphs: —(1) The area comprised in the coroners district of the county, as existing immediately before the establishment day, shall on and from that day and notwithstanding any provision of this Act or of the Coroners Act, 1962 , continue to constitute a coroners district.
(2) The coroner for the district referred to in subsection (1) shall be appointed and remunerated by Dun Laoghaire-Rathdown County Council.
(3) The persons who immediately before the establishment day held the offices of coroner and deputy coroner for the district referred to in subsection (1) shall, subject to the provisions of this section and of the Coroners Act, 1962 , on and from that day continue to hold those offices.
(4) (a) Dun Laoghaire-Rathdown County Council shall be entitled to recover from South Dublin County Council and Fingal County Council in respect of every local financial year a proportion of its total expenditure in that year arising from its liabilities under the Coroners Act, 1962 .
(b) The said proportions shall be as agreed between the said councils or in default of agreement shall be as determined by a person jointly appointed by the county managers for that purpose.
(5) The provisions of this Act shall be deemed not to alter the area comprised in the coroners district of the city.
num: 24
paragraphs: —The provisions of this Act shall be deemed not to alter the area of jurisdiction of the Sheriff for the county of Dublin or the area of jurisdiction of the Sheriff for the county borough of Dublin as existing immediately prior to the establishment day.
num: 25
paragraphs: —On and from the establishment day references to the county of Dublin in sections 33 and 34 of the Courts of Justice Act, 1936 , section 13 of the Courts (Supplemental Provisions) Act, 1961 , and the High Court Circuits Order, 1937 (S.R. & O., No. 295 of 1937) shall be construed as references to the counties of South Dublin, Fingal and Dun Laoghaire-Rathdown.
num: 26
paragraphs: —On and from the establishment day the Dublin Circuit Court Circuit shall consist of the county borough of Dublin and the counties of South Dublin, Fingal and Dun Laoghaire-Rathdown and a reference to the Dublin Circuit in the Courts (Supplemental Provisions) Acts, 1961 to 1991, shall be construed accordingly.
num: 27
paragraphs: —Notwithstanding the provisions of this Act the area of jurisdiction of the District Court for the Dublin Metropolitan District as determined by the Minister for Justice under the powers conferred by section 26 of the Courts of Justice Act, 1953 and provided for by the District Court Districts (Dublin) Order, 1945 (S.R. & O., No. 279 of 1945) as amended by the District Court Districts (Dublin) (Amendment) Order, 1982 ( S.I. No. 88 of 1982 ) shall on and from the establishment day continue unaltered.
num: 28
paragraphs: —On and from the establishment day section 5 (1) of the Juries Act, 1976 , is hereby amended by the deletion of the two references to Dublin and by the addition of the words “and the county borough of Dublin and the counties of South Dublin, Fingal and Dun Laoghaire-Rathdown shall form one jury district”.
num: 29
paragraphs: —On and from the establishment day section 7 (2) of the Courthouses (Provision and Maintenance) Act, 1935 , is hereby amended by the substitution for the words “of Dublin” of the words “of South Dublin”.
num: 30
paragraphs: —(1) The counties of Fingal, South Dublin and Dun Laoghaire -Rathdown shall be local authorities for the purposes of the Weights and Measures Acts, 1878 to 1961.
(2) For the purposes of subsection (1), the provisions of the Weights and Measures Acts, 1878 to 1961, shall, in relation to the appointment of inspectors and the enforcement of those Acts, continue to apply and to have effect in relation to the borough area and the remaining area of the administrative county of Dun Laoghaire-Rathdown to the same extent as before the establishment of that county.
num: 31
paragraphs: —Notwithstanding section 35 (4) of the Abattoirs Act, 1988 , an agreement for the purposes of that Act under section 59 of the Local Government Act, 1955 , may in the case of the councils established by section 11 be entered into by those three councils.
num: 32
paragraphs: —(1) It shall be the duty of a principal authority in formulating its policies and in preparing and carrying out its functional programmes to have regard to the overall interests of the combined administrative areas of the principal authorities and their inhabitants (in this section referred to as the “metropolitan interest”) and—
(a) to take all appropriate steps to ensure the proper coordination of such of their policies and programmes, including development plans, as are likely to have a material effect on the metropolitan interest with such policies and programmes of the other principal authorities, and
(b) to ensure that appropriate policies and programmes are put in place and implemented where such is necessary in order to promote the metropolitan interest.
(2) In exercising any function which has, or may have, a material effect on the metropolitan interest, a principal authority shall have regard as may be necessary for the purposes of subsection (1) to relevant conditions and needs existing in the administrative areas of the other principal authorities and of the policies and programmes of such authorities relating to such conditions and needs.
(3) Without prejudice to the provisions of subsections (1) and (2) a principal authority shall in the exercise of any function which has, or may have, a material effect on the metropolitan interest, have regard to any report, strategy, assessment, study, recommendation, submission or other written statement of the Dublin or of the Mid East regional authority (established under section 43 of the Act of 1991) which may have a bearing on such interest or of any such joint statement of those regional authorities and an outline of any such statement or joint statement shall be included in the annual report, under section 50 of the Act of 1991, of a principal authority.
(4) The principal authorities shall exchange such information and conduct such consultations with each other as may be necessary for the purposes of subsection (1) and the managers of those authorities shall make, and review from time to time, such organizational, procedural and other arrangements as may be necessary for these purposes and to facilitate compliance with the duties imposed by this section.
(5) Each principal authority shall include in its annual report under section 50 of the Act of 1991 details of the steps taken and the arrangements made in pursuance of this section, and generally of the discharge of the duties imposed by it and their general effectiveness.
(6) Every enactment relating to a function of a local authority shall be construed and have effect subject to the provisions of this section.
(7) A principal authority may hold such joint meetings of members of the authority and other principal authorities or local authorities as may be necessary for the purposes of this section.
num: 33
paragraphs: —(1) A principal authority may do any or all of the following, that is to say, provide, lay down, renew or maintain the branch pipe or any particular part of the branch pipe by means of which a supply of water is conveyed from a water main up to the curtilage of any premises being served by such branch pipe.
(2) A principal authority in carrying out any works under this section—
(a) may, where the works consist of renewal or maintenance, require the payment to the authority, by any party who may be held responsible for damage to or disrepair of the branch pipe, of an amount equal to the whole or part of the cost of the work, or obtain the agreement of the owner or other responsible party to such payment,
(b) may, where the works consist of a new connection of any premises to a water main, require the payment to the authority by the owner of the premises of an amount equal to the whole or part of the cost of the work or obtain the agreement of the owner to such payment.
(3) In case of default of payment under subsection (2) a principal authority may recover the payment as a simple contract debt in any court of competent jurisdiction.
(4) A charge under subsection (2) may be waived in whole or in part by a principal authority where such charge would in the opinion of the authority be likely to cause hardship.
num: 34
paragraphs: —(1) On and from the establishment day Dun Laoghaire-Rathdown County Council shall become and be responsible for the local water supply network in, and for the supply of water to consumers in, such districts as are designated and referred to as extra-municipal districts by section 10 of the Dublin Corporation Waterworks Act, 1861 and which are situate in its administrative county.
(2) (a) The city manager and the Dun Laoghaire-Rathdown county manager shall jointly make a scheme setting out proposals (including financial arrangements so far as considered appropriate) to provide for the transfer from the Corporation to the said county council of the local water supply network (including land, pipes, equipment and structures and other things and interests and rights associated therewith) in or related to such districts and in relation to the supply of water to the said network.
(b) The preparation of such scheme shall be commenced as soon as may be after the enactment of this Act by the city manager and the area manager so as to ensure that the scheme can be made as soon as possible thereafter and in any event not later than 6 months after the establishment day or such longer period as the Minister may allow.
(c) Such scheme shall be submitted to the Minister, who may having considered it, by regulations make appropriate provisions to give effect to or to facilitate the transfer.
(3) Without prejudice to the generality of subsection (2) (c), such regulations may include provisions—
num: 35
paragraphs: —(1) The provisions of this section and Part I of the Third Schedule shall have effect in relation to transfers of dwellings, land, interests and other matters to which that Part applies between principal authorities.
num: 36
paragraphs: —(1) This section applies to bridges and quay walls in respect of which Dublin Corporation and the county council were liable to make payments to the Dublin Port and Docks Board on foot of demands furnished by that Board under the Dublin Port and Docks (Bridges) Act, 1929 , in this section referred to as “the Act of 1929”.
(2) On the commencement of this section and notwithstanding the provisions of the Act of 1929—
(a) Dublin Corporation shall become and be responsible for the maintenance of the said bridges and quay walls;
(b) expenses arising pursuant to paragraph (a) shall be defrayed by Dublin Corporation out of the municipal fund of the city of Dublin;
(c) all liabilities for payments to the Dublin Port and Docks Board by Dublin Corporation and the county council in relation to the said bridges and quay walls shall cease;
(d) the provisions of the Act of 1929 relating to the bridge rate and the bridge rate area shall cease to have effect.
num: 37
paragraphs: — Section 63 of the Local Government (Dublin) Act, 1930 is hereby amended by the insertion after subsection (3) of that section of the following subsection:
“(3A) For the purposes of the application by subsection (3) of this section of the law relating to the collection and recovery of rates, a reference in section 152 of the Grand Jury (Ireland) Act, 1836 , as incorporated by section 73 of the Poor Relief (Ireland) Act, 1838 , to a notice subscribed with the name and abode of the collector shall mean and be deemed always to have meant the name and office or place of residence (including the dwelling house) of the collector; and reference to the money demanded being paid to the collector at his house or office shall be satisfied if the said money be paid at such place as is specified in the notice in that behalf.”.
num: 38
paragraphs: —(1) Where an agreement is made under the provisions of section 59 of the Local Government Act, 1955 between Dublin Corporation (in this section “the corporation”) and Dun Laoghaire-Rathdown County Council (in this section “the county council”) in relation to the performance by the corporation on behalf of the county council of its fire authority functions then, notwithstanding the provisions of section 17 , the Dun Laoghaire-Rathdown County Manager and the Dublin City Manager may jointly designate by order for transfer to the service of the corporation officers and employees of the county council whose principal duties relate to functions which are the subject of such agreement.
(2) The managers may not designate an officer or employee under subsection (1) without having given written notification to the officer or employee concerned of the intention to do so and considered any representations made in relation to the matter within such time as may be specified in the notification.
(3) Every officer of the county council who is the subject of a designation under subsection (1) shall, on the coming into operation of the agreement referred to in subsection (1), transfer to and become an officer of the corporation. Every office held by such an officer shall be deemed to become an office under the corporation.
(4) Every employee of the county council, not being an officer of such county council, who is the subject of a designation under subsection (1) shall, on the coming into operation of the agreement referred to in subsection (1), transfer to and become an employee of the corporation.
(5) Every contract of service express or implied which is in force immediately before the coming into operation of such an agreement between the county council and any person to whom subsection (4) applies shall continue in force on and after the coming into operation of the aforementioned agreement but shall be construed and have effect as if the corporation was substituted therein for the county council and every such contract shall be enforceable by or against the corporation accordingly.
num: 39
paragraphs: —(1) In this section “the appropriate Minister” means the Minister of the Government who is the responsible Minister in respect of a particular enactment.
(2) (a) The appropriate Minister may in relation to any provision of any enactment in force in or in relation to the borough immediately prior to the establishment day by regulations provide for—
(i) its continuation in effect in the borough area with such modifications and adaptations as may be considered appropriate, for such period as may be specified,
(ii) its application with such modifications and adaptations as may be considered appropriate to any or all or part or parts of the counties of South Dublin, Fingal and Dun Laoghaire-Rathdown, and
(b) in the case of any provision of any enactment not in force in or in relation to the borough immediately prior to the establishment day and which by virtue of section 9 (2) will apply in or in relation to the county of Dun Laoghaire-Rathdown (including the borough area) the appropriate Minister may in relation to such provision by regulations provide for—
(i) its application to the borough area with such modifications or adaptations as may be considered appropriate,
(ii) its non-application to the borough area for such period as may be specified.
(3) Notwithstanding the provisions of section 21 , the Minister for Education may make regulations under subsection (2) (a) (ii) in respect of the School Attendance Acts, 1926 to 1967 and such regulations may make such arrangements as may be considered necessary for that purpose including alteration of the arrangements made by the said section 21 .
(4) No regulations may be made under this section after the expiration of two years from the establishment day.
num: 40
paragraphs: —(1) If not later than two years after the establishment day a proposal for the alteration of the boundary between the administrative areas of any two of the principal authorities is agreed by those authorities and submitted to the Minister, the Minister may by regulation alter such boundary.
(2) Regulations under this section may include provisions to the same effect or similar to any provision of the Local Government Acts, 1925 to 1993 in respect of the alteration of boundaries or of any particular boundary or which may be included in any order or regulation under those Acts in relation to such alteration.
(3) Nothing in this section shall be construed as restricting the operation of the provisions of any other enactment in relation to the alteration of boundaries.
(4) An agreement under subsection (1) shall be a reserved function for the purposes of the County Management Acts, 1940 to 1993 and where appropriate, for the purposes of the Local Government (Dublin) Acts, 1930 to 1993.