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Establishment of regional authorities.
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43.—(1) For the purpose of promoting the co-ordination in different areas of the State of the provision of public services the Minister may, by order, made with the consent of the Minister for Finance (in this section referred to as “an establishment order”)—
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(a) declare that an area consisting of specified counties or county boroughs shall constitute a region, and
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(b) establish in respect of the region, a body (in this section referred to as “a regional authority”) the membership of which shall consist of persons who are members of a council of a county or county borough the functional area of which is included in that region, to perform in the region such functions in relation to the co-ordination of the provision of public services in the region as are conferred on it by or under this section.
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(2) (a) A regional authority shall be called and known by such title as may be specified in the establishment order concerned.
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(b) A regional authority shall be a body corporate with perpetual succession and an official seal and with power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land.
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(c) Judicial notice shall be taken of the seal of a regional authority and every document purporting to be an order or other instrument made by that authority and to be sealed with its seal (purporting to be authenticated in the manner provided by the establishment order) shall be received in evidence and be deemed to be such order or instrument without further proof unless the contrary is shown.
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(3) An establishment order shall require a regional authority thereby established to provide itself with an official seal and shall contain such provisions as the Minister considers appropriate in relation to the membership of the authority (including provisions in relation to the number of members of the authority, the method, terms and conditions of their appointment and their tenure of office).
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(4) (a) An establishment order or an order amending or revoking an establishment order may contain such other provisions as the Minister considers necessary arising from, by reason of, for the purposes of, or to give full effect to, a declaration under subsection (1) or to the establishment or dissolution of a regional authority and such an order may contain provisions relating to any matter whatsoever arising in relation to such declaration, establishment or dissolution or in relation to the functions of the regional authority concerned.
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(b) Without prejudice to the generality of paragraph (a), an order referred to in that paragraph may provide in respect of a regional authority established by the establishment order, for all or any of the following matters:
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(i) the conferral of functions on the authority in relation to the co-ordination of the provision of public services or specified public services in the region of the authority,
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(ii) the administration generally and the finances generally of the authority,
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(iii) the meetings of the authority, and the procedure at such meetings,
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(iv) the use and authentication of the seal of the authority,
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(v) the payment of grants by the Minister of such amounts as may be sanctioned by the Minister for Finance, out of moneys provided by the Oireachtas, towards the expenses of the authority,
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(vi) the payment to the authority by the local authorities who, as respects the authority are local authorities referred to in subsection (1) (b) or by other specified public authorities, in such manner as may be specified, of all or part of the expenses and expenditure of the authority,
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(vii) the furnishing from time to time by the authority to the Minister or to specified local authorities or other specified public authorities of information in relation to the performance of its functions and the furnishing of such information to the Minister whenever he so requests,
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(viii) the making by the authority of arrangements with other public authorities for the use by it of premises or equipment of those authorities or for the use by the authority of the services of officers and servants of those authorities,
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(ix) matters to which the authority shall have regard in the performance of its functions,
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(x) the giving of directions by the Minister to the authority in relation to the performance of its functions,
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(xi) the dissolution of the authority,
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(xii) any other matter in relation to which the Minister considers that provision should be made in order to enable the authority to perform its functions effectively or, as respects its dissolution.
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(5) An establishment order or an order referred to in subsection (4) (a) may apply to a regional authority established by the establishment order, with any necessary modifications or adaptations, all or any of the provisions of or made under any enactment relating to local authorities.
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