City and County Management (Amendment) Act, 1955

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Requisition that a particular thing be done.

4.—(1) Subject to the provisions of this section, a local authority may by resolution require any particular act, matter or thing specifically mentioned in the resolution and which the local authority or the manager can lawfully do or effect to be done or effected in performance of the executive functions of the local authority.

(2) Notice of the intention to propose a resolution under this section shall be given in writing to the manager and—

(a) the notice shall be signed by three members of the local authority,

(b) the notice shall contain a copy of the resolution, and

(c) the notice may require that the resolution shall be considered at a special meeting and shall then specify a day (not less than seven days after the day on which the notice is received by the manager) for the holding of the special meeting.

(3) A resolution under this section shall not be considered at a meeting of the local authority which is held less than seven days after the day on which the manager received the relevant notice under subsection (2) of this section.

(4) Where the manager receives a notice under subsection (2) of this section, he shall as soon as possible send a copy of the notice to every member of the local authority and, if the notice requires a special meeting and subsection (5) of this section does not apply, a special meeting of the local authority shall be summoned for the day specified in that behalf in the notice at the usual hour for meetings of the local authority.

(5) Where—

(a) a notice under subsection (2) of this section specifies a day for the holding of a special meeting, and

(b) an ordinary meeting of the local authority is to be held on a day—

(i) which is not less than seven days after the day on which the manager receives the notice, and

(ii) which is within the period of ten days the last of which is the day specified in the notice or the period of ten days the first of which is that day,

the resolution shall be considered at that ordinary meeting and a special meeting shall not be summoned.

(6) Without prejudice to any other relevant requirements, it shall be necessary for the passing of a resolution under this section that the number of the members of the local authority voting in favour of the resolution exceeds one-third of the total number of the members of the local authority.

(7) A motion to pass a resolution under this section shall be dealt with before any other business at the meeting.

(8) Where a resolution is passed under and in accordance with this section, the manager shall, if and when and so far as money for the purpose is or has been provided, do or effect in accordance with the resolution the act, matter or thing specified in the resolution.

(9) A resolution under this section shall not—

(a) apply or extend—

(i) to the performance of any function of a local authority generally,

(ii) to every case or occasion of the performance of any such function or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which any such function is performed, or

(iii) to every case or occasion of the performance of any such function in a particular area or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which any such function is performed in that area, or

(b) apply or extend to the performance of any executive function in relation to the officers or servants of a local authority or the control, supervision, service, remuneration, privileges or superannuation of such officers or servants or any of them,

and any resolution purporting to be passed under this section which contravenes this subsection shall be void.

(10) Every dispute arising between a local authority and the manager as to whether a resolution passed by the local authority under this section does or does not contravene subsection (9) of this section shall be referred for decision—

(a) in case the local authority is a joint mental hospital board or a joint board established by order under section 45 of the Health Act, 1953 (No. 26 of 1953), and the dispute is as to whether the resolution does or does not contravene paragraph (b) of that subsection—to the Minister for Health, and

(b) in any other case—to the Minister.

(11) A resolution under this section shall not apply or extend to the performance of any of the individual health functions of a local authority, and any resolution purporting to be passed under this section which contravenes this subsection shall be void.

(12) Every dispute arising between a local authority and the manager as to whether a resolution passed by the local authority does or does not contravene subsection (11) of this section shall be referred for decision to the Minister for Health.