Local Government Act, 1925
|
Power to dissolve a local authority. |
72.—(1) The Minister may at any time if he thinks fit, order a local inquiry into the performance of its duties by any local authority, and Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply to every such local inquiry. | |
(2) If and whenever— | ||
(a) the Minister is satisfied, after the holding of such a local inquiry as is mentioned in the foregoing sub-section, that the duties of a local authority are not being duly and effectually discharged by such local authority, or | ||
(b) a local authority wilfully neglects to comply with any lawful order, direction, or regulation of the Minister, or | ||
(c) a local authority fails to comply with any judgment, order, or decree of any court in Saorstát Eireann, or | ||
(d) a local authority refuses after due notice to allow its accounts to be audited by an auditor of the Minister, | ||
the Minister may, by order, dissolve such local authority, and either order (under the power hereinafter conferred on him) a new election of members of such local authority or transfer the property and the several powers and duties of such local authority to any body or persons or person he shall think fit. | ||
(3) Whenever the Minister makes an order under this section dissolving a local authority, he may appoint such and so many persons as he shall think fit to perform the duties of such local authority, and may from time to time remove all or any such persons and appoint others in their place, and may fix the tenure of office, duties, and remuneration of all such persons. | ||
(4) The remuneration of all persons appointed under the foregoing sub-section shall be paid out of the revenue of such local authority as part of its expenses. | ||
(5) Not later than three years after a local authority has been dissolved under this section, the Minister shall by order cause a new election of members of such local authority to be held, and upon the completion of such new election all the property, powers, and duties of the dissolved local authority shall vest in the body so elected, notwithstanding that the same may have been transferred by the Minister under this section to any other body, persons, or person. | ||
(6) The Minister may from time to time by order do all such things and make all such regulations as in his opinion shall be necessary for giving full effect to any order made by him under this section. | ||
(7) Every order made by the Minister or by the Minister for Local Government under section 12 of the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), shall, notwithstanding the repeal of that section by this Act, continue in force as if such order had been made by the Minister under this section, and the provisions of this section shall apply to every such order as if the same had been made under this section. |