City and County Management (Amendment) Act, 1955

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Delegation by Manager.

17.—(1) (a) The manager may delegate any function, other than a health function, performable by him to any approved officer of the local authority, subject to the approval of such delegation by the Minister of State who administers the provision under which the function is performed.

(b) The manager may delegate any health function performable by him to any approved (health) officer of the local authority, subject to the approval of such delegation by the Minister for Health.

(2) Where a delegation to an officer is made under this section—

(a) the officer shall perform the delegated function under the general direction and control of the manager,

(b) the officer shall perform the delegated function in accordance with such (if any) limitations as may be specified in the delegation as to the area or period in which or the extent to which he is to perform that function, and

(c) a provision made by or under this or any other Act which vests functions in the manager or regulates the manner in which any function is to be performed shall, if and in so far as it is applicable to the delegated function, have effect, for the purposes of the performance of that function by the approved officer, with the substitution of the officer for the manager.

(3) Notwithstanding subsection (2) of this section, where a delegation to an officer is made under this section—

(a) the manager may, in any particular case of the performance of the function, inform the officer that he has decided to perform the function himself, and the function shall thereupon be performable in such case by the manager and not by the officer, and

(b) if the officer is satisfied that, in any particular case of the performance of the function, performance would, on account of the importance of the decision involved or on account of any other reasonable consideration, be more appropriately effected by the manager, the officer may refer such case to the manager, and the function shall thereupon be performable in such case by the manager and not by the officer.

(4) The manager may revoke a delegation under this section.

(5) Where a function is performed by an officer pursuant to a delegation under this section and any surcharge or charge subsequently falls to be made consequent on such performance—

(a) in case the payment was made or authorised to be made, or the loss or deficiency was caused, by the officer, the manager shall be treated as if he also had made or authorised the making of the payment or had caused the loss or deficiency, and

(b) in case the payment was made or authorised to be made, or the loss or deficiency was caused, by the manager, the officer shall be treated as if he also had made or authorised the making of the payment or had caused the loss or deficiency.

(6) A delegation or revocation thereof under this section shall be effected by means of an order in writing signed by the manager.

(7) A document purporting to be an order under this section and to be signed in accordance with this section, or purporting to be certified in writing by the manager to be a true copy of an order under this section, shall be received, without proof, as prima facie evidence of such order.

(8) Notification of a delegation or revocation thereof under this section shall be given at the next meeting of the local authority.

(9) Where a delegation to a Dublin Assistant City Manager or to an assistant county manager (in this subsection referred to as the officer) is made under section 13 of the Act of 1940, the following provisions shall have effect notwithstanding anything contained in that section—

(a) the manager may, in any particular case of the performance of the function, inform the officer that he has decided to perform the function himself, and the function shall thereupon be performable in such case by the manager and not by the officer, and, for the purposes of such performance, the substitution specified in paragraph (c) of subsection (4) of the said section 13 shall be deemed not to have been made,

(b) if the officer is satisfied that, in any particular case of the performance of the function, performance would, on account of the importance of the decision involved or on account of any other reasonable consideration, be more appropriately effected by the manager, the officer may refer such case to the manager, and the function shall thereupon be performable in such case by the manager and not by the officer, and, for the purposes of such performance, the substitution specified in paragraph (c) of subsection (4) of the said section 13 shall be deemed not to have been made.

(10) In this section—

“approved officer” means—

(a) a county secretary,

(b) a town clerk, or

(c) an officer approved of by the Minister as an approved officer for the purposes of this section;

“approved (health) officer” means an officer approved of by the Minister for Health as an approved (health) officer for the purposes of this section;

“health function” means a function performed in connection with the administration of a service which is a health service within the meaning of the Health Services (Financial Provisions) Act, 1947 (No. 47 of 1947).