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Minister may by order extend Dun Laoghaire Vocational Area.
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35.—(1) The Minister may, not later than the day immediately preceding the election to the councils of counties next held after the passing of this Act, make an order providing that, as on and from such day as may be appointed by the order (hereafter in this section referred to as the “appointed day”), that part of the vocational education area, for which County Dublin Vocational Education Committee is the vocational education committee, that is situated within the administrative county of Dun Laoghaire — Rathdown shall become and be part of the vocational education area for which Dun Laoghaire Vocational Education Committee is the vocational education committee.
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(2) The Minister shall, before making an order under this section, consult with—
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(a) the Minister for the Environment and Local Government,
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(b) the Irish Vocational Education Association,
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(c) County Dublin Vocational Education Committee,
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(d) Dun Laoghaire Vocational Education Committee,
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(e) the councils of the counties of South Dublin and Dun Laoghaire-Rathdown,
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(f) recognised trade unions and staff associations representing members of the staff of the committees referred to in paragraphs (c) and (d),
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(g) parents of students registered in schools situated in the administrative county of South Dublin that immediately before the appointed day were maintained by County Dublin Vocational Education Committee.
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(3) An order under this section shall contain such supplementary, incidental and consequential provisions as the Minister considers appropriate, including provisions—
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(a) vesting in Dun Laoghaire Vocational Education Committee, on the appointed day, such parts of the real and personal property, rights and liabilities of County Dublin Vocational Education Committee as are specified in the order,
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(b) relating to the transfer of such classes of members of the staff of County Dublin Vocational Education Committee to Dun Laoghaire Vocational Education Committee as are specified in the order,
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(c) transferring to Dun Laoghaire Vocational Education Committee such functions of County Dublin Vocational Education Committee as relate to that part of the vocational education area for which it is the vocational education committee that immediately before the appointed day was part of the vocational education area for which County Dublin Vocational Education Committee was the vocational education committee.
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(4) An order under this section shall operate to vest in Dun Laoghaire Vocational Education Committee on the appointed day—
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(a) in so far as the order relates to property of County Dublin Vocational Education Committee, that property for all the estate or interest for which immediately before the appointed day it was vested in County Dublin Vocational Education Committee, but subject to all trusts and equities affecting that property subsisting and capable of being performed;
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(b) in so far as the order relates to personal property (including choses-in-action) of County Dublin Vocational Education Committee, that property without any assignment;
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(c) in so far as the order relates to rights and liabilities of County Dublin Vocational Education Committee, those rights and liabilities.
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(5) Where immediately before the appointed day any legal proceedings are pending to which County Dublin Vocational Education Committee is a party and those proceedings have reference to functions transferred by an order under this section, or property (whether real or personal) rights or liabilities that have been so transferred, the name of Dun Laoghaire Vocational Education Committee shall, in so far as those proceedings relate to such transfer, be substituted for that of County Dublin Vocational Education Committee or added in the proceedings, as may be appropriate, and those proceedings shall not abate by reason of such substitution or addition.
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(6) Every chose-in-action vested in the Dun Laoghaire Vocational Education Committee by an order under subsection (1) may, after the appointed day, be sued on, recovered or enforced by the Dun Laoghaire Vocational Education Committee in its own name and it shall not be necessary for the Dun Laoghaire Vocational Education Committee to give notice to the person bound by the chose-in-action of the vesting effected by the order.
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(7) Anything commenced and not completed before the transfer of a function under this section by or under the authority of County Dublin Vocational Education Committee may, in so far as it relates to that function, be carried on or completed on or after such commencement by Dun Laoghaire Vocational Education Committee.
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(8) Every instrument made under statute and every other document granted or made in the performance of a function transferred by an order under this section shall, if and in so far as it was operative immediately before such transfer, have effect on and after such transfer as if it had been granted or made by Dun Laoghaire Vocational Education Committee, and the transfer of the function shall not affect the validity of any such document as granted or made or any other act done by or in relation to County Dublin Vocational Education Committee before such transfer, and any such document or act shall, if in force immediately before that transfer, continue in force to the same extent and subject to the same provisions as if it had been duly granted, made or done by, or in relation to, Dun Laoghaire Vocational Education Committee.
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(9) References to County Dublin Vocational Education Committee in the memorandum or articles of association of any company specified in an order under this section shall, as on and from the transfer, be construed as references to Dun Laoghaire Vocational Education Committee.
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(10) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned a person who pursuant to an order under this section becomes a member of the staff of Dun Laoghaire Vocational Education Committee shall not, while in the service of that committee, be brought to less beneficial conditions of service (including conditions in relation to tenure of employment or office) or of remuneration than the conditions of service (including conditions in relation to tenure of employment or office) or remuneration to which he or she was subject immediately before the appointed day.
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(11) Whenever an order is proposed to be made under this section a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.
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