Limerick City Management Act , 1934

1 Definitions.

1.—(1) In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the word “prescribed” means prescribed by regulations made by the Minister under this Act;

the expression “the City” means the county borough of Limerick;

the expression “the Corporation” means the Mayor, Aldermen and Burgesses of Limerick;

the expression “the Council” means the Limerick City Council established by this Act;

the expression “the Manager” means the Limerick City Manager and Town Clerk appointed under this Act;

the expression “the Mayor” means the Mayor of Limerick;

the expression “the municipal fund” means the fund out of which the costs and expenses of the Corporation are to be defrayed under this Act;

the expression “the municipal rate” means the rate to be raised by the Corporation under this Act for the purpose of supplying any deficiency in the municipal fund;

the expression “the Board of Health” means the body which was established by the Limerick County Borough Scheme Order, 1923, under the name of “The Limerick County Borough Board of Health” to administer the relief of the poor in the City;

the expression “the gas committee” means the gas committee established under the Limerick Corporation Gas Act, 1878;

the expression “the gas undertaking” means the undertaking heretofore administered and carried on by the gas committee and, where the context so requires, includes that undertaking as carried on by the Corporation in pursuance of this Act;

the expression “city election” means an election of members of the Council held in pursuance of this Act;

the expression “the day of election” means the day fixed under this Act to be the day of election for the purposes of this Act;

the expression “the appointed day” means the day appointed under this Act to be the appointed day for the purposes of this Act.

(2) The following bodies shall be abolished bodies within the meaning and for the purposes of this Act, that is to say:—

(a) the Board of Health;

(b) the committee of management appointed by the council of the county borough of Limerick under the Tuberculosis Prevention (Ireland) Acts, 1908 and 1913;

(c) the gas committee,

and the expression “the abolished bodies” shall be construed accordingly.

2 Vesting of powers and property in the Corporation.

2.—(1) On the appointed day the functions, powers, and duties of the council of the county borough of Limerick shall be transferred by virtue of this section to the Corporation and become and be functions, powers, and duties of the Corporation.

(2) All real and personal property (including choses-in-action) which, immediately before the appointed day, is vested in the council of the county borough of Limerick shall, on the appointed day, be transferred by virtue of this section to and become and be vested in the Corporation.

(3) The law in force at the passing of this Act in relation to the councils of county boroughs shall, in so far as it is not inconsistent with this Act, apply to the Corporation and for that purpose the Corporation shall be deemed to be the council of a county borough.

(4) All and every of the powers, functions, and duties which shall, by or under any Act passed after the passing of this Act, be conferred or imposed on the council of the county borough of Limerick shall, as on and from the date on which such powers, functions, and duties are so conferred or imposed, become and be powers, functions and duties of the Corporation.

(5) Whenever by or under any Act passed after the passing of this Act any powers, functions, or duties are conferred or imposed on the council of a borough, county borough, or urban district, such powers, functions, and duties in so far as they relate to the council of the county borough of Limerick, shall as on and from the date on which they are so conferred or imposed become and be powers, functions, and duties of the Corporation.

(6) All powers, functions, and duties vested by statute in the Mayor in relation to any market, whether as clerk of the markets or otherwise, shall, as on and from the appointed day, become and be powers, functions, and duties of the Corporation.

(7) All and every of the powers, functions, and duties of the Corporation shall be exercised and performed for and on behalf of the Corporation by the Council or the Manager (as the case may require) subject to and in accordance with the provisions of this Act.

3 Dissolution or abolition of the abolished bodies.

3.—(1) On the appointed day the Board of Health shall become and be dissolved by virtue of this section and the functions, powers, and duties of the Board of Health shall become and be transferred to the Corporation.

(2) On the appointed day the committee of management appointed by the Council of the county borough of Limerick under the Tuberculosis Prevention (Ireland) Acts, 1908 and 1913, and the gas committee appointed under the Limerick Corporation Gas Act, 1878, shall become and be abolished by virtue of this section and the functions, powers, and duties of those committees respectively shall become and be transferred to the Corporation.

(3) The provisions contained in the First Schedule to this Act shall have effect in relation to the abolished bodies.

4 Transfer of city functions of the Limerick Guardians.

4.—On the appointed day the functions, powers, and duties of the Board of Guardians of the Limerick Union shall in so far as they are exercisable or to be performed within the City, cease to be exercisable or performed by the said Board of Guardians and shall become and be transferred to and be exercisable and performed by the Corporation.

5 Establishment of the Council.

5.—(1) There shall be a Limerick City Council to fulfil the functions assigned to it by this Act.

(2) The Council shall consist of fifteen members of whom four shall be Aldermen and eleven shall be Councillors.

(3) Seven members of the Council shall constitute a quorum.

6 Aldermen and councillors.

6.—The first four members of the Council elected at a city election shall be aldermen, and all other members of the Council shall be councillors.

7 City elections.

7.—(1) A city election shall be held—

(a) within three months after the passing of this Act, and

(b) in the year 1937 and in every third year thereafter.

(2) At a city election the whole of the city shall form one electoral area.

(3) The Minister shall appoint a person to act as returning officer at the first city election after the passing of this Act.

(4) Sub-section (5) of section 2 of the Local Government (Ireland) Act, 1898, shall not apply in respect of city elections.

(5) The first city election after the passing of this Act shall be held on the day of election, and every subsequent city election shall be held on such day as shall be appointed for the purpose by or under the law for the time being in force in relation to elections of members of councils of county boroughs.

(6) Subject to the provisions of this Act, the law for the time being in force in relation to the election, qualification, disqualification, and tenure of office of members of the council of a county borough shall apply in relation to the election, qualification, disqualification, and tenure of office of members of the Council.

(7) Save as is otherwise provided by this Act, the law for the time being in force in relation to the qualification and disqualification of persons for membership of any committee wholly or partly appointed by the council of a county borough shall apply to the appointment by the Council of persons to be members of any such committee and to such persons when so appointed.

(8) For the purposes of the two next preceding sub-sections, a contract with the Corporation shall be deemed to be a contract with the Council and with every committee and joint committee appointed or partly appointed by the Council, and a contract with any such committee shall be deemed to be also a contract with the Council.

8 Casual vacancies in the Council.

8.—(1) Whenever a vacancy (in this Act referred to as a casual vacancy) shall occur in the membership of the Council by reason of the death, resignation, disqualification, or non-acceptance of office of a member thereof, such vacancy shall be filled by the Council after due notice at the next meeting of the Council after the expiration of one month from the occurrence of such vacancy or as soon after that meeting as circumstances will permit.

(2) Every person who is elected by the Council to fill a casual vacancy shall, unless he sooner dies, resigns, or become disqualified or he refuses to accept office, hold office as a member of the Council for the residue then unexpired of the term for which the member whose death, resignation, disqualification, or non-acceptance of office occasioned the vacancy would have held office if he had not died, resigned, become disqualified, or refused to accept office.

9 Meetings of the Council.

9.—(1) The first meeting of the Council shall be a quarterly meeting and shall be held at noon on the appointed day in the Town Hall, Limerick, and if for any reason such meeting is not so held such meeting shall be held at such time, on such day (as soon as conveniently may be after the appointed day), and at such place as shall be appointed for the purpose by the Minister.

(2) Until the Mayor has been elected and has made the declaration accepting office which is required by law, the Manager shall be the chairman at the first meeting of the Council but shall not thereby be entitled to vote on any question which is to be decided at such meeting by a vote of the members.

(3) At the first meeting of the Council the business to be transacted shall be such business as the Council is required by or under this Act or otherwise by law to transact at such meeting, and also any other business arising under this Act which, in the opinion of the Council, it is necessary or desirable to transact at such meeting, and no notice, whether by notice of motion or otherwise, shall be required for the transaction of any such business.

(4) Subject to the provisions of this section, the law for the time being in force in relation to the holding of quarterly meetings and other meetings of the council of a county borough and to the meetings so held and to things done and to be done and the procedure generally at such meetings shall apply to the holding of quarterly meetings and other meetings of the Council and to the meetings so held and to things done and to be done and the procedure generally at such meetings.

10 Election and tenure of office of Mayor.

10.—(1) The Council shall, at their first meeting and at the quarterly meeting held next after every 22nd day of June, elect one of their members to be the Mayor.

(2) The Mayor shall continue in office (subject to his death, resignation or disqualification) until his successor shall have been elected at the next quarterly meeting of the Council at which a Mayor is to be elected by the Council and such successor shall have made the declaration accepting office which is required by law.

(3) Subject to the provisions of this Act, the law for the time being in force in relation to the election, tenure of office, powers, duties, privileges, and remuneration of a mayor of a county borough shall apply to the election, tenure of office, powers, duties, privileges, and remuneration of the Mayor.

11 Appointment by the Corporation of members of certain public bodies.

11.—(1) So much of any statute or of any order made under any statute as requires that a person elected or nominated to be a member of a public body by the council of a county borough or in particular by the council of the county borough of Limerick shall be a member of the council by whom he is elected or nominated shall not apply in respect of any person elected or nominated on or after the appointed day by the Council to be a member of a public body, and in lieu thereof it is hereby enacted that any person who is on or after the appointed day elected or nominated by the Council to be a member of a public body and who but for this section would be required to be a member of the Council or of the council of the county borough of Limerick shall be such person willing to act, whether a member or not a member of the Council, as the Council considers to be best fitted, by reason of his special knowledge or practical experience of the matters administered by such public body, for membership thereof.

(2) Nothing in the foregoing sub-section shall operate to render unnecessary—

(a) the possession by any person who is on or after the appointed day elected or nominated by the Council to be a member of any public body of any special qualification (other than membership of the Council, or the council of the county borough of Limerick) which such person is required by law to possess, or

(b) compliance with the requirements of sub-section (2) of section 9 of the Local Government (Ireland) Act, 1898, so far as the said sub-section (2) as adapted, amended, or applied by or under any Act of the Oireachtas relates to membership of the joint committee of management of the Limerick District Mental Hospital, or

(c) compliance with the requirements of sub-section (1) of section 8 of the Vocational Education Act, 1930 (No. 29 of 1930), so far as the said sub-section (1) relates to membership of the City of Limerick Vocational Education Committee.

(3) The Manager, notwithstanding that he is not a member of the Council, shall be qualified and may with his consent be appointed by the Council to be a member of the joint committee of management of the Limerick District Mental Hospital in the same manner as if he were a member of the Council, and for the purpose of such appointment the office of the Manager shall be deemed not to be an office of profit within the meaning of Article 12 of the Schedule to the Local Government (Application of Enactments) Order, 1898, or of section 70 of the Act of 1925.

(4) If and when the Manager is appointed under this section to be a member of the joint committee of management of the Limerick District Mental Hospital the number of members of the said committee who are required by law to be members of the Council shall be reduced by one.

12 Reserved functions.

12.—(1) The Council shall directly exercise and perform all and every of the powers, functions, and duties of the Corporation in relation to the following matters, that is to say:—

(a) the making of any rate or the borrowing of any moneys;

(b) the making, amending, or revoking of any bye-law;

(c) the making of any order and the passing of any resolution by virtue of which any enactment is brought into operation in or made to apply to the City and the revoking of any such order and the rescinding of any such resolution;

(d) the application to be made to any authority in respect of the making or revoking of any such order as aforesaid;

(e) the making or revoking of any order under section 5 of the Shops Act, 1912 (in that Act referred to as the closing order);

(f) the powers conferred by section 3 of the Borough Funds (Ireland) Act, 1888 in relation to the promotion or the opposing of legislation, the prosecution and defence of any such legal proceedings as are mentioned in that section, and the application for those purposes of the public funds and rates under the control of the Corporation;

(g) the appointment or election of any person to be a member of any public body;

(h) parliamentary and local elections;

(i) the admission of persons to the freedom of the City;

(j) subject to the provisions of this Act, the appointment, suspension and removal of the manager and the granting of an allowance or gratuity to the manager on his ceasing to be the manager;

(k) the determination of the amount of the salary and remuneration of the Mayor;

(l) applications to the Minister for a provisional order under this Act extending the boundary of the City;

(m) applications under this Act for an order extending the period within which the Corporation is empowered to grant to employees, other than officers, compensation for loss of their employment;

(n) the disposition (otherwise than by demise for a term not exceeding one year) under the Municipal Corporations (Ireland) Acts, 1840 to 1888, of lands, tenements, and hereditaments belonging to the Corporation;

(o) the appointment of representatives of the Corporation to attend any such conference or meeting as is mentioned in section 2 of the Public Health and Local Government Conferences Act, 1885, and the exercise of the power conferred by that section in relation to the payment of the expenses of the attendance of such representatives at such conferences and meetings;

(p) the doing under an Act passed before this Act of anything which is declared by that Act to be, in the case of the county borough of Dublin, a reserved function within the meaning of the Local Government (Dublin) Act, 1930 (No. 27 of 1930).

(2) The Minister may, subject to the provisions of this section, by order require that the powers, functions and duties of the Corporation in relation to any matter not included in the matters referred to in the foregoing sub-section shall be exercised and performed directly by the Council and upon such order being made the said powers, functions and duties shall, as on and from the date specified in that behalf in such order, be exercised and performed directly by the Council and shall continue so to be exercised and performed while such order remains in force.

(3) The Minister may, subject to the provisions of this section, revoke an order made by him under this section.

(4) The Minister shall not make or revoke an order under this section save upon the application of the Council made to the Minister in pursuance of a resolution passed by the Council and for the passing of which more than one-half of the members of the Council voted and which was so passed after not less than one month's notice of the intention to propose such resolution had been given in writing by the manager to every member of the Council.

(5) Upon receipt by him of any such application as aforesaid the Minister, before (as the case may be) making or revoking an order under this section, may, if he thinks fit, hold a local inquiry into any matters which appear to him to be relevant to the purpose of (as the case may be) making or revoking such order.

(6) No order made by the Minister under this section shall extend or apply to any power, function, or duty conferred or imposed on the manager by or under this Act in relation to the officers and servants of the Corporation or the control, supervision, service, remuneration, privileges, or superannuation of such officers and servants or any of them.