Local Government Act, 2001
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An Chomhairle Leabharlanna. |
79.—(1) In this section “Act of 1947” means the Public Libraries Act, 1947 , which was repealed by the Local Government Act, 1994 . | |
(2) The body known as An Chomhairle Leabharlanna (in this section referred to as the “Council”) standing established on the commencement of this section shall continue to stand established and shall continue to be a body corporate with perpetual succession and a seal, and power to sue and be sued in its corporate capacity and hold land. | ||
(3) Judicial notice shall continue to be taken of the seal of the Council, and every document claiming to be sealed with the seal of the Council and to be authenticated in the manner prescribed by regulations made by the Minister shall, unless the contrary is proved, be deemed to have been duly and lawfully so sealed and be received in evidence without further proof and, in particular, without proof of any signature affixed to such document for the purpose of such authentication and without proof of the office or authority of the person whose signature such signature claims to be. | ||
(4) A person who immediately before the commencement of this section was either the chair (by whatever name called) or any other member of the Council continues to hold that office until the next appointment of members. | ||
(5) The Council shall operate in accordance with this section and with the provisions of regulations made under subsection (7), without prejudice to the continued application of the Local Authorities (Officers and Employees) Act, 1926 , to an office under the Council in so far as it applies on the commencement of this section. | ||
(6) The functions of the Council include— | ||
(a) the provision of advice, assistance and services to library authorities in relation to the public library service, | ||
(b) the making of such recommendations to and the provision of such services for the Minister in relation to the public library service as the Minister may request or as the Council sees fit, | ||
(c) action to promote and facilitate library co-operation, | ||
(d) the maintenance and operation of the central library established under section 2 of the Act of 1947, | ||
(e) such other functions as are specified in regulations made under subsection (7). | ||
(7) (a) The Minister may make regulations for the purposes of the continued establishment and operation of the Council. | ||
(b) Without prejudice to the generality of paragraph (a), regulations for such purposes may contain provisions in relation to— | ||
(i) the expenses, funding and functions of the Council, | ||
(ii) any matter provided for in the Act of 1947 or any matter which may be included in an order under the Local Government Services (Corporate Bodies) Act, 1971 , or | ||
(iii) such other provisions as the Minister may think proper for the purposes of this section. | ||
(8) Regulations made under section 34 of the Local Government Act, 1994 , and in force at the commencement of this section continue in force and have effect as if made under subsection (7) and may be amended or revoked accordingly. | ||
(9) The Minister may give to the Council, directions in writing on any matter relating to its functions or operation and the Council shall comply with any such directions. |