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Transfer of certain functions to local authorities.
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72.—(1) (a) The Government may by provisional order transfer a function of a Minister of the Government (other than a function that is required by the Constitution to be performed by a Minister of the Government) that, in the opinion of the Government, could be performed effectively by local authorities of a class or classes specified in the provisional order and is a function relating to the provision of a public service in the functional areas of local authorities of that class or those classes to local authorities of that class or those classes.
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(b) The Government may by provisional order amend or revoke a provisional order under this subsection (including a provisional order under this paragraph).
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(c) If a provision of a provisional order under this subsection that transfers a function is revoked, subsequent to its confirmation in accordance with paragraph (d), the function shall thereupon become and be vested in the Minister of the Government from whom it was transferred by the provisional order.
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(d) A provisional order under this subsection shall not have effect unless and until it is confirmed by an Act of the Oireachtas.
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(2) (a) The Minister may by order transfer a function of local authorities of a class or classes specified in the order that, in the opinion of the Minister, could be performed more effectively by local authorities of another class or classes so specified to local authorities of that other class or those other classes.
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(b) The Minister may by order amend or revoke an order under this subsection (including an order under this paragraph).
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(c) Where an order under this subsection would relate to a function as respects the performance of which a function stands conferred on any Minister of the Government other than the Minister, the order shall not be made without the prior consent of that Minister of the Government.
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(d) If a provision of an order under this subsection that transfers a function is revoked, the function thereupon becomes and is vested in the local authorities from which it was transferred by the order.
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(3) (a) A provisional order under subsection (1) or an order under subsection (2) may contain such ancillary, subsidiary and incidental provisions as the Government or the Minister, as appropriate, may determine.
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(b) Without prejudice to the generality of paragraph (a), a provisional order under subsection (1) or an order under subsection (2) may—
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(i) specify terms, conditions and restrictions upon and subject to which a function transferred by the provisional order or order (in this paragraph referred to as a “function concerned”) is to be performed by the local authorities to which the function is transferred (in this paragraph referred to as the “local authorities concerned”),
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(ii) provide for the transfer of assets and liabilities associated with a function concerned from the person or persons concerned to the local authorities concerned,
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(iii) provide for the use by the local authorities concerned of the services of staff of the person or persons concerned,
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(iv) provide for such financial arrangements and adjustments between the person or persons concerned and the local authorities concerned as are considered proper by the Government or the Minister, as appropriate,
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(v) provide for any necessary application, adaptation or modification of an enactment,
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(vi) provide for such other matters as are considered by the Government or the Minister, as appropriate, to be necessary to enable the transfer of a function concerned to which the order relates to have full effect and to enable such function to be performed by the local authorities concerned.
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