City and County Management (Amendment) Act, 1955

• Permanent Page URL

Appointment of manager.

5.—(1) In this section “the Act of 1926” means the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926).

(2) The office of manager shall be an office to which the Act of 1926 applies, save that section 5 shall not apply and section 6 shall apply subject to the subsequent provisions of this section.

(3) Where a local authority request under section 6 of the Act of 1926 a recommendation of a person for appointment as the manager, the request shall be by resolution.

(4) Where a local authority appoint under section 6 of the Act of 1926 a person as the manager, the appointment shall be by resolution.

(5) Where—

(a) one of the councils of two grouped counties request under section 6 of the Act of 1926 a recommendation of a person for appointment as the manager, and

(b) the other council do not, on the same day, so request a recommendation of a person for appointment as the manager,

the other council shall be deemed to have made the last-mentioned request on that day.

(6) Where—

(a) one of the councils of two grouped counties appoint under section 6 of the Act of 1926 a person as the manager, and

(b) the other council do not, on the same day, so appoint that person as the manager,

then, notwithstanding any other provision of this or any other Act, that person shall, on that day, become and be appointed by virtue of this subsection as the manager as respects the other council.

(7) Where, as respects the following local authorities, that is to say, the Corporation of Dublin and the council of the county of Dublin, and before the commencement of an order under section 14 of this Act—

(a) one of the local authorities request under section 6 of the Act of 1926 a recommendation of a person for appointment as the manager, and

(b) the other local authority do not, on the same day, so request a recommendation of a person for appointment as the manager,

the other local authority shall be deemed to have made the last-mentioned request on that day.

(8) Where, as respects the following local authorities, that is to say, the Corporation of Dublin and the council of the county of Dublin, and before the commencement of an order under section 14 of this Act—

(a) one of the local authorities appoint under section 6 of the Act of 1926 a person as the manager, and

(b) the other local authority do not, on the same day, so appoint that person as the manager,

then, notwithstanding any other provision of this or any other Act, that person shall, on that day, become and be appointed by virtue of this subsection as the manager as respects the other local authority.

(9) Where, as respects a local authority—

(a) a recommendation is made under section 6 of the Act of 1926 of a person for appointment as the manager, and

(b) on the expiration of three months after the date of the recommendation, that person has not become appointed as the manager,

then, notwithstanding any other provision of this or any other Act, that person shall thereupon, if still available for appointment, become and be appointed by virtue of this subsection as the manager.

(10) (a) Where an office of manager becomes vacant, the Minister shall appoint a person to be the manager temporarily until a permanent appointment to the office is made but such temporary appointment may be terminated by the Minister at any time.

(b) In the case of the Corporation of Dublin and the council of the county of Dublin and before the commencement of an order under section 14 of this Act, the same person shall be appointed under this subsection in relation to each of them.

(c) In the case of two grouped counties, the same person shall be appointed under this subsection in relation to each of them.