Local Government (Dublin) (Temporary) Act, 1948

• Permanent Page URL

Number 15 of 1948.

LOCAL GOVERNMENT (DUBLIN) (TEMPORARY) ACT, 1948.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

PART II.

Exercise of Executive Functions of the Dublin Board of Assistance, and Restrictions on Permanent Appointments to Certain Offices.

No. 15 of 1948.

LOCAL GOVERNMENT (DUBLIN) (TEMPORARY) ACT, 1948.

AN ACT TO MAKE TEMPORARY PROVISION FOR THE EXERCISE OF THE EXECUTIVE FUNCTIONS OF THE DUBLIN BOARD OF ASSISTANCE AND TO RESTRICT TEMPORARILY THE MAKING OF PERMANENT APPOINTMENTS TO THE OFFICE OF DUBLIN ASSISTANT CITY MANAGER AND THE OFFICE OF DUBLIN ASSISTANT COUNTY MANAGER. [10th August, 1948.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title.

1.—This Act may be cited as the Local Government (Dublin) (Temporary) Act, 1948.

Definitions.

2.—In this Act—

the expression “the Board” means the Dublin Board of Assistance;

the expression “the executive functions” means executive functions for the purposes of the County Management Acts, 1940 and 1942;

the expression “the Minister” means the Minister for Local Government.

Duration of Part II.

3.—(1) Part II of this Act shall come into operation on the date, next after the passing of this Act, of the coming into office of the members of the Board elected at the election of members of the Board held pursuant to subsection (2) of section 6 of the Local Government (Dublin) Act, 1945 (No. 8 of 1945), and shall continue in force until midnight on the 30th day of June, 1949, and shall then expire unless further continued by an order made under subsection (2) of this section.

(2) (a) The Minister may, by order made before the 30th day of June, 1949, continue Part II of this Act in force for six months from the 1st day of July, 1949, and may thereafter from time to time by order made before the expiration of the said Part II under the last previous order made under this subsection continue the said Part II in force for six months from the date on which the said Part II would have expired under such last previous order.

(b) Every order made under this subsection shall be made with the consent of the Minister for Health.

(c) If an order is made by the Minister under this subsection, Part II of this Act shall continue in force until the end of the period for which it is continued by such order or, if more than one such order is made, the last of such orders and shall then expire.

(d) Every order made under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under the order.

PART II.

Exercise of Executive Functions of the Dublin Board of Assistance, and Restrictions on Permanent Appointments to Certain Offices.

Exercise of executive functions of the Board.

4.—(1) For the purposes of this section there shall be an officer (in this section referred to as the chief executive officer).

(2) The executive functions of the Board shall be exercised and performed by the chief executive officer, and the person by whom those functions would, but for this subsection, have been exercised and performed shall not exercise or perform those functions.

(3) The chief executive officer shall, from time to time as occasion requires, be appointed by the Minister with the consent of the Minister for Health.

(4) The person who, on the day immediately preceding the commencement of this Part, is, by virtue of Part IV of the Local Government Act, 1941 (No. 23 of 1941), the commissioner for the Board shall be deemed, as on and from the said commencement, to have been appointed, under subsection (3) of this section, the chief executive officer.

(5) The chief executive officer shall hold officer during the pleasure of the Minister.

(6) Whenever the chief executive officer is, owing to illness or other cause, unable to perform the duties of his office, the Minister may, with the consent of the Minister for Health, appoint a person to perform, during such inability, the duties of the chief executive officer, and the person so appointed shall, during such inability, have all the powers of the chief executive officer.

(7) The Minister may direct the payment of remuneration to the chief executive officer or any person appointed under subsection (6) of this section and may fix its amount, and such remuneration as so fixed shall be paid out of the revenues of the Board as part of their general expenses.

Restrictions on permanent appointments to certain offices.

5.—No appointment, other than a temporary appointment, shall be made to the office of Dublin Assistant City Manager or the office of Dublin Assistant County Manager.