County Management (Amendment) Act, 1942
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Amendment of section 4 of the Principal Act. |
4.—(1) In relation to the appointment of the first county manager for a county or for each of two grouped counties, the Local Appointments Commissioners shall, when complying with the provisions of sub-section (3) of section 4 of the Principal Act, have regard also to the subsequent provisions of this sub-section and, in so far as the said subsequent provisions are inconsistent with the provisions of the said sub-section (3), the said Commissioners shall comply with the said subsequent provisions where those provisions are applicable, that is to say:— | |
(a) if no person is recommended in pursuance of paragraph (a) of the said sub-section (3) and one or more of the following bodies, that is to say, in the case of the first county manager for a single county, the council of such county or the board of health of a county health district in such county or, in the case of the first county manager for each of two grouped counties, the council of either of such counties or the board of health of a county health district in either of such counties, is suspended at the passing of this Act, then and in that case, if only one commissioner for the body or one or more of the bodies so suspended is an existing commissioner and a candidate and suitable, the said Commissioners shall recommend that commissioner, or if two or more persons, each of whom is an existing commissioner for one or more of the bodies so suspended are candidates and suitable, the said Commissioners shall recommend whichever of those persons they consider to be the most suitable; | ||
(b) if no person is recommended in pursuance of paragraph (a) of the said sub-section (3) or in pursuance of the foregoing paragraph of this sub-section, the said Commissioners shall have regard to and (if applicable) comply with paragraph (b) of the said sub-section (3); | ||
(c) if no person is recommended in pursuance of paragraphs (a) or (b) of the said sub-section (3) or paragraph (a) of this sub-section and a person who is an existing commissioner (other than an existing commissioner to whom paragraph (a) of this sub-section applies) is a candidate and suitable, the said Commissioners shall, if only one such person is a candidate and suitable, recommend that person or, if two or more such persons are candidates and suitable, recommend whichever of those persons they consider to be the most suitable; | ||
(d) if no person is recommended in pursuance of paragraphs (a) or (b) of the said sub-section (3) or any of the foregoing paragraphs of this sub-section, the said Commissioners shall have regard to and (if applicable) comply with paragraph (c) of the said sub-section (3); | ||
(e) if no person is recommended in pursuance of paragraphs (a), (b), or (c) of the said sub-section (3) or any of the foregoing paragraphs of this sub-section, the said Commissioners shall have regard to and comply with paragraph (d) of the said sub-section (3). | ||
(2) For the purposes of the selection by the Local Appointments Commissioners, in pursuance of sub-section (3) of section 4 of the Principal Act as amended by this section, of a person to be recommended by them for appointment to the office of the first county manager for a county or for each of two grouped counties, the following provisions shall have effect, that is to say:— | ||
(a) no person shall be taken to be the county secretary of a county except the person (if any) who is the permanent county secretary of such county at the passing of this Act and is still such permanent county secretary at the time of such selection, save that the person (if any) who is the permanent county secretary of a county at the passing of this Act shall, for the purposes of such selection in relation to the office of the first county manager for that county or for each of two grouped counties of which that county is one, be deemed to be the county secretary of that county if, at the time of such selection (having then ceased to be such permanent county secretary), he holds an office under any body which is a local authority for the purposes of the Local Government Acts, 1925 to 1941; | ||
(b) no person shall be taken to be the secretary to the board of health of a county health district except the person (if any) who is the permanent secretary to such board at the passing of this Act and is still such permanent secretary at the time of such selection, save that the person (if any) who is.the permanent secretary to the board of health for a county health district at the passing of this Act shall, for the purposes of such selection in relation to the office of the first county manager for the county in which such county health district is situate or for each of two grouped counties of which that county is one, be deemed to be the secretary to such board of health if, at the time of such selection (having then ceased to be such permanent secretary), he holds an office under any body which is a local authority for the purposes of the Local Government Acts, 1925 to 1941. |