Local Government (Dublin) Act, 1993
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SECOND SCHEDULE Provisions Consequential on Dissolutions Effected by Part III | ||||||||||||||||
Sections 15 and 16 . | ||||||||||||||||
Transfer of Assets. | ||||||||||||||||
1. (1) All assets, whether real or personal (including choses-in-action) which, immediately before the establishment day, were vested in or belonged to or were held in trust for any of the dissolved bodies and all rights, powers, licences and privileges relating to or connected with any such assets shall, on the establishment day, without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company, be transferred to, (as shall be determined pursuant to a scheme under article 5 of the Regulations of 1993) and become and be vested in or the property of or held in trust for (as the case may require) the successor or successors of such dissolved body, or Dublin Corporation, as the case may require, for all the estate, term or interest for which the same, immediately before their dissolution, was vested in or belonged to or was held in trust for such dissolved body but subject to all trusts and equities affecting the same and then subsisting and capable of being performed. | ||||||||||||||||
(2) Any asset transferred by this article which, immediately before the establishment day, was standing in the books of any bank or was registered in the books of any bank, corporation, or company in the name of a dissolved body shall, upon the request of the body to which such asset was transferred, at any time on or after the establishment day, be transferred in such books by such bank, corporation or company into the name of the body to which the asset was transferred. | ||||||||||||||||
(3) On and from the establishment day, every chose-in-action transferred in accordance with the provisions of this article may be sued upon, recovered or enforced by the body to which it was transferred in its own name, and it shall not be necessary for such body to give notice to the person bound by such chose-in-action of the transfer effected by this article. | ||||||||||||||||
(4) Any asset, right, power, licence or privilege which becomes vested in or the property of or held in trust for a principal authority by virtue of sub-article (1) may, on or after the establishment day, be conveyed or transferred by any such authority to any of the other such authorities by order of the manager of that authority and every such order shall operate as an effective conveyance or transfer of such asset, right, power, licence or privilege, according to the terms of such order. | ||||||||||||||||
(5) Section 12 of the Finance Act, 1895 shall not apply to any transfer effected by or under this article. | ||||||||||||||||
Transfer of liabilities. | ||||||||||||||||
2. (1) Every debt and other liability (including stock and mortgage debts, and unliquidated liabilities arising from torts or breaches of contract) which immediately before the establishment day was owing and unpaid or had been incurred and was undischarged by any of the dissolved bodies, shall, on that day, as shall be determined pursuant to a scheme under article 6 of the Regulations of 1993, become and be, the debt or liability of the successor or successors of such dissolved body, or Dublin Corporation, as the case may require, and shall be paid or discharged by and may be recovered from or enforced against each such successor or Corporation accordingly. | ||||||||||||||||
(2) Every debt the liability for which is transferred by this article shall, on and after the establishment day, be charged on the county fund and the county rate of the successor to which such debt is transferred and in the case of Dublin Corporation on the municipal fund and the municipal rate. | ||||||||||||||||
(3) A dissolution under this Act shall not invalidate or otherwise affect any payable order or cheque issued by a dissolved body and which is not presented for payment before the establishment day or any authority given by a dissolved body for the payment of the amount of a paying order, and the body to which the debts and liabilities of a dissolved body are transferred in accordance with the provisions of this article shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the establishment day. | ||||||||||||||||
Preservation of continuing contracts. | ||||||||||||||||
3. Every bond, guarantee or other security of a continuing character made or given by any of the dissolved bodies to another person or by any person to any of the dissolved bodies and in force immediately before the establishment day and every contract or agreement in writing made between any of the bodies and another person and not fully executed and completed before the establishment day shall, notwithstanding the dissolution of such dissolved body, continue in force on and after the establishment day but shall be construed and have effect as if the name of the successor or successors of such dissolved body were substituted therein for the name of such dissolved body, and such security, contract or agreement shall be enforceable by or against each such successor accordingly. | ||||||||||||||||
Saving for certain acts and resolutions. | ||||||||||||||||
4. (1) Nothing in this Act shall affect the validity of any act that was done before the establishment day by or on behalf of a dissolved body. | ||||||||||||||||
(2) Without prejudice to the generality of sub-article (1)— | ||||||||||||||||
(a) any resolution passed, order made or notice given or served, by a dissolved body before the establishment day, the operation, effect or terms of which had not on that day ceased or expired shall, in so far as it is not inconsistent with this Act or any order or regulations made thereunder, continue in force and have effect after that day as if it were a resolution passed, order made or notice given or served by the successor or successors of that dissolved body on the date on which the resolution, order or notice, as the case may be, was actually passed, made, given or served by the dissolved body and as if the functions of the dissolved body were, on that date, performable by that successor or successors, | ||||||||||||||||
(b) any thing done, or treated by virtue of any enactment as having been done, by, to or in relation to a dissolved body before the establishment day in the exercise or performance of or by such bodies of any of their functions shall, on and after the establishment day and in so far as it is not inconsistent with this Act or any order or regulations made thereunder, be treated as having been done, by, to or in relation to the successor or successors of such body, | ||||||||||||||||
(c) any reference to a dissolved body in a document referred to in sub-article (3) shall, on and after the establishment day, be construed as a reference to the successor or successors of such dissolved body. | ||||||||||||||||
(3) In this article “thing” includes the following— | ||||||||||||||||
(a) any written agreement or other instrument in writing or any scheme, plan, statement, policy, determination, declaration, undertaking, made or adopted by or on behalf of, or to be treated as having been made or adopted by or on behalf of, a dissolved body, | ||||||||||||||||
(b) any direction given, revocation made, or to be treated as having been given or made, by or to a dissolved body, | ||||||||||||||||
(c) any licence, permit, certificate, permission, consent, approval, authorisation, exemption, relaxation, acknowledgment or dispensation granted or given, or to be treated as having been granted or given, by or to a dissolved body, | ||||||||||||||||
(d) any application, proposal or objection made, or to be treated as having been made, by or to a dissolved body, | ||||||||||||||||
(e) any condition or requirement imposed, or to be treated as having been imposed, or any notice served or to be treated as having been served, by or on a dissolved body. | ||||||||||||||||
(4) The provisions of sub-articles (2) and (3) shall be interpreted as illustrative and not as restrictive. | ||||||||||||||||
Continuance of bye-laws, rules and regulations. | ||||||||||||||||
5. (1) Subject to sub-article (2), every bye-law, rule and regulation lawfully made by a dissolved body and in force immediately before the establishment day shall, on or after that day, so far as it is not inconsistent with this Act or any order or regulation made thereunder and so far as it relates to the administrative area of the successor of the dissolved body or part thereof, continue in force and have effect as a bye-law, rule or regulation made by the successor of the dissolved body in respect of the area for and in respect of which the bye-law, rule or regulation was actually made by the dissolved body and, accordingly, every such bye-law, rule or regulation may be continued, amended or revoked, and any penalties or forfeitures arising thereunder, before or after the establishment day, may be recovered and enforced by that successor in the like manner and as fully as the same could have been continued, amended, revoked, recovered or enforced by the dissolved body as if section 15 had not come into force. | ||||||||||||||||
(2) No bye-law, rule or regulation mentioned in sub-article (1) being a bye-law, rule or regulation made by Dun Laoghaire Corporation and continued in force in the borough area or part thereof by the said sub-article shall so continue in force after the expiration of the period of two years beginning on the establishment day. | ||||||||||||||||
(3) Dun Laoghaire-Rathdown County Council may at any time within the period referred to in sub-article (2) by resolution— | ||||||||||||||||
(a) terminate the operation of any bye-law, rule or regulation made by Dun Laoghaire Corporation and referred to in that sub-article, or | ||||||||||||||||
(b) extend or apply any bye-law, rule or regulation (other than one made by Dun Laoghaire Corporation), which by virtue of sub-article (1) applies to any part of its administrative area, to the borough area or part thereof. | ||||||||||||||||
(4) Sub-articles (2) and (3) shall not apply to bye-laws made under section 41 of the Public Health (Ireland) Act, 1878 (other than under paragraph (1) of that section), and section 23 of the Public Health Acts Amendment Act, 1890 , (other than under the last paragraph of subsection (1) of that section), relating to any matter which is the subject matter of the Building Control Act, 1990 . | ||||||||||||||||
Arrangements for provision of certain services. | ||||||||||||||||
6. (1) Every scheme made under article 4 of the Regulations of 1993 shall on and from the establishment day apply and have effect in relation to the principal authorities so far as is provided for by such scheme. | ||||||||||||||||
(2) Where a scheme made pursuant to sub-article (3) of the said article 4 specifies proposals for the adaptation or modification of an agreement (being an agreement with a local authority other than Dublin Corporation) made under section 59 of the Local Government Act, 1955 , such agreement shall continue to apply and to have effect subject to such adaptations or modifications as are so specified. | ||||||||||||||||
(3) Where a scheme under the said article 4 includes proposals for the performance of any particular function of a principal authority by any one, or more than one, of the principal authorities on behalf of any other one or more than one of such authorities such scheme shall have all such force and effect as if such proposals were agreements which had been made under the said section 59 and shall so apply and have effect accordingly. | ||||||||||||||||
Continuation of development plans. | ||||||||||||||||
7. (1) The development plan for the county so far as it applied and had effect as regards each of the areas which on and from the establishment day comprise the counties of South Dublin, Fingal and Dun Laoghaire-Rathdown shall, as regards each such county, be deemed to have been made by the council of that county and be a development plan for that county. | ||||||||||||||||
(2) The development plans for the borough so far as they applied and had effect as regards the borough prior to the establishment day shall, on and from that day, be deemed to have been made by Dun Laoghaire-Rathdown County Council for the borough area and be development plans for that area. | ||||||||||||||||
(3) If, immediately prior to the establishment day, the development plan for the city which applied and had effect pursuant to article 8 (1) of the Second Schedule to the Local Government (Reorganisation) Act, 1985 , as regards the excluded areas (within the meaning of that Act) continues to have effect, then, on and from that day such plan shall apply and have effect in relation to each such excluded area and the county in which it is situate and the provisions of that article shall apply accordingly. | ||||||||||||||||
Admissibility in evidence of documents of dissolved bodies. | ||||||||||||||||
8. (1) All books and other documents directed or authorised by or under any enactment to be kept by a dissolved body and which, immediately before the establishment day, would be receivable in evidence shall, notwithstanding the dissolution of such body, be admitted in evidence on or after the establishment day as fully as if this Act had not been enacted. | ||||||||||||||||
(2) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any enactment to be kept by any of the dissolved bodies would, if verified in a particular manner by a particular officer of such dissolved body, have been admissible immediately before the establishment day as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if verified in such particular manner by the manager of the successor of that body or by an officer of that body (whose official position it shall not be necessary to prove) authorised by the manager in that behalf, be admitted, on or after the establishment day, as evidence of such contents to the same extent as such first-mentioned extract or certificate would have been so admitted if this Act had not been enacted. | ||||||||||||||||
(3) A copy of or extract from any document referred to in sub-article (1) produced by a principal authority and certified to be a true copy under the hand of a manager of a principal authority or other officer authorised by such a manager for that purpose (whose official position it shall not be necessary to prove) shall in all legal proceedings be admissible in evidence as of equal validity with the original document and no process for compelling the production of any such document by any principal authority shall issue from any court except with the leave of that court. | ||||||||||||||||
Audit of accounts. | ||||||||||||||||
9. (1) The accounts of all income and expenditure of a dissolved body and of the respective officers of the dissolved body up to the dissolution of the body (including any abstract) shall be prepared, completed and maintained and, as soon as conveniently may be after the establishment day, be audited, and any disallowance, surcharge, charge or penalty in relation to the accounts, income or expenditure shall be made, and, subject to any necessary modification, may be recovered and enforced as if this Act had not been passed. | ||||||||||||||||
(2) Until the audit required by sub-article (1) is completed, any officer of a dissolved body whose duty it is to make up any accounts of or to account for any portion of the income and expenditure of the dissolved body and every member of a dissolved body shall, for the purposes of the audit, be deemed to continue in office and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as if this Act had not been passed. | ||||||||||||||||
Continuance of pending legal proceedings. | ||||||||||||||||
10. In any action, suit, prosecution or other legal proceeding which was pending immediately before the establishment day in any court or tribunal and to which a dissolved body was a party, the successor or successors of that dissolved body shall on the establishment day become and be a party or parties in the place of the dissolved body and such successor or successors shall accordingly be substituted for such dissolved body and every such proceeding shall be continued between that successor or successors and the other parties thereto, and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of such body. | ||||||||||||||||
Adoptive Acts. | ||||||||||||||||
11. (1) Where any enactment has been adopted by a dissolved body in respect of the whole or a specified part of its administrative area and the body has not rescinded such adoption the enactment shall, on and after the establishment day, be deemed to have been adopted by the successor or successors of the dissolved body in respect of the area for and in respect of which the same was actually adopted by the dissolved body and for the purposes of this article that successor or successors shall be deemed to have had power to adopt the enactment. | ||||||||||||||||
(2) Where any enactment is deemed to have been adopted pursuant to sub-article (1) such adoption may at any time be rescinded by resolution of the relevant successor in respect of all or part of its administrative area. | ||||||||||||||||
Local Acts. | ||||||||||||||||
12. Every local Act in force immediately before the establishment day in, or in relation to, all or any part of the administrative area of a dissolved body shall, on and after such day and so far as it is consistent with the provisions of this Act or any order or regulations made thereunder, be in force in, or in relation to, such part or parts of the administrative area of all or any of the successors of such dissolved body as correspond to the area in or in relation to which such Act was in force on such day. | ||||||||||||||||
Rates and money. | ||||||||||||||||
13. (1) All rates and other money which immediately before the establishment day are due and payable to a dissolved body shall on and after that day become due and be payable to the successor of the dissolved body and any such rates and money may be collected and recovered by or on behalf of that successor in like manner as they could be collected or recovered by or on behalf of the dissolved body if this Act had not been enacted. | ||||||||||||||||
(2) All rates and other money which immediately before the establishment day are accruing due to a dissolved body shall on and after that day accrue and be deemed always to have accrued due to the successor of the body, and where any such rate or money become due and payable the same shall be due and payable to and may be collected and recovered by or on behalf of such successor in like manner as it could have been collected or recovered by or on behalf of the dissolved body if this Act had not been enacted. | ||||||||||||||||
(3) Every rate collector of a dissolved body who is in office as such rate collector immediately before the establishment day shall, on and after that day unless or until the successor of the dissolved body otherwise directs, collect and recover on behalf of such successor all rates which immediately before that day were due and payable to or were accruing due to such dissolved body and had been given in charge to such rate collector for collection. | ||||||||||||||||
Valuation lists. | ||||||||||||||||
14. (1) The valuation list which shall apply to the county of Fingal and to the county of South Dublin shall in each case be that part, as determined by the commissioner, of the valuation list (including any revisions) transmitted by the commissioner to the county council last before the establishment day as relates to the area comprised in such county. | ||||||||||||||||
(2) The valuation list which shall apply to the county of Dun Laoghaire-Rathdown shall be the combination, as determined by the commissioner, of the remaining part of the valuation list referred to in sub-article (1) and the valuation list (including any revisions) transmitted by the Commissioner to Dun Laoghaire Corporation last before the establishment day. | ||||||||||||||||
(3) The valuation lists which shall apply to the counties referred to in sub-articles (1) and (2) and to the city shall in each case incorporate such alterations, if any, as determined by the commissioner, as may be necessary arising from the alteration of boundaries effected by section 8. | ||||||||||||||||
(4) Fingal, South Dublin and Dun Laoghaire-Rathdown County Councils shall each make the rate for the local financial year in which occurs the establishment day in accordance with the lists which apply pursuant to this article to the counties of such councils. | ||||||||||||||||
(5) Where the valuation of any hereditament in any of the said counties is at any time for any reason revised (including any case where such revision arises as a result of any appeal or other process commenced before the establishment day), the rate shall be assessed in accordance with such revised valuation and may be levied, collected and recovered accordingly by the relevant county council. | ||||||||||||||||
Limitation on rates in borough area. | ||||||||||||||||
15. (1) This article applies to hereditaments which were, or were liable to be, assessed with the borough rate for the local financial year 1993. | ||||||||||||||||
(2) For the purpose of the assessment and levying of the Dun Laoghaire-Rathdown County Council rate on a hereditament to which this article applies, the following provisions shall apply in each of the five local financial years next following 1993: | ||||||||||||||||
(a) where the valuation of the hereditament is the same as or less than the standard valuation, the valuation shall be reduced to the proportion, specified in the Table to this article for the particular year, of the valuation on which the Dun Laoghaire-Rathdown County Council rate would otherwise fall to be assessed, and | ||||||||||||||||
(b) where the valuation of the hereditament is greater than the standard valuation, the amount of the valuation which is equal to the standard valuation shall be reduced to the proportion, specified in the Table to this article for the particular year, of the valuation on which the Dun Laoghaire-Rathdown County Council rate would otherwise fall to be assessed. | ||||||||||||||||
(3) In this article— | ||||||||||||||||
“valuation” means the valuation under the Valuation Acts; | ||||||||||||||||
“the standard valuation” means, in relation to a hereditament to which this article applies, the valuation of such hereditament included in the valuation list, including any revisions received from the commissioner, for or related to the local financial year 1993. | ||||||||||||||||
TABLE | ||||||||||||||||
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Register of electors. | ||||||||||||||||
16. The register of electors for an administrative county established by section 9 shall be that portion of the register of electors for the county (as existing on the commencement of section 8 ) as relates to the area of the administrative county so established. | ||||||||||||||||
Electoral areas. | ||||||||||||||||
17. The division into county electoral areas of electoral counties (as existing on the commencement of section 8 ) effected by the Minister under section 14 of the Local Government (Reorganisation) Act, 1985 shall, on and from the establishment day, be deemed to have been a division into county electoral areas of each of the administrative counties established by section 9 so far as the said division into county electoral areas relates to such administrative county. | ||||||||||||||||
Polling districts. | ||||||||||||||||
18. The arrangement with respect to polling districts in the county (as existing on the commencement of section 8 ) made pursuant to section 22 of the Electoral Act, 1963 shall, on and from the establishment day, be deemed to have been an arrangement with respect to polling districts in each of the administrative counties established by section 9 so far as such arrangement relates to each such county. | ||||||||||||||||
District electoral divisions. | ||||||||||||||||
19. The division of the county (as existing on the commencement of section 8 ) into district electoral divisions effected by the Dublin County (District Electoral Divisions) Regulations, 1986 ( S.I. No. 13 of 1986 ) shall, on and from the establishment day, be deemed to have been a division into district electoral divisions of the administrative counties established by section 9 so far as such district electoral divisions relate to each such county. | ||||||||||||||||
Continuation of membership of certain bodies. | ||||||||||||||||
20. (1) Subject to the provisions of this Act and any regulations made thereunder, all persons appointed (whether by nomination, election or otherwise) as members of any body by the county council or Dun Laoghaire Corporation shall continue to be members of the body to which they were so appointed for such period as they would have held such office if this Act had not been enacted save in any case where provision to the contrary is made by any such body. | ||||||||||||||||
(2) For the avoidance of doubt it is hereby declared that this article applies to appointments— | ||||||||||||||||
(a) of persons who are members of the local authorities referred to in sub-article (1) and of persons who are not such members, | ||||||||||||||||
(b) to bodies whether corporate or unincorporate. | ||||||||||||||||
Joint commitees appointed by Dublin County Council and Meath County Council. | ||||||||||||||||
21. (1) On and from the establishment day Fingal County Council shall, in relation to the joint committees of the Councils of the Counties of Meath and Dublin established for the Garristown and Delvin and the Curragha River Drainage Districts pursuant to orders made under section 20 of the Local Government (Ireland) Act, 1898 become and be the successor of the county council. | ||||||||||||||||
(2) The said orders shall have effect in relation to Fingal County Council on and from the establishment day in like manner as they had effect in relation to the county council prior to that day. | ||||||||||||||||
Performance of functions vested in county secretary. | ||||||||||||||||
22. Where under any enactment a function is vested in a county secretary such function shall in the case of the counties established by this Act vest in the manager of such county and such manager may delegate such function to an officer nominated by the manager for that purpose. | ||||||||||||||||