COUNTY MANAGEMENT ACT, 1940

• (2) In the case of every district mental hospital the district of which comprises two or more counties or a county borough and one or more county or counties, the joint committee of management of such hospital appointed under section 9 of the Local Government (Ireland) Act, 1898, as amended by subsequent enactments shall be the visiting committee of such hospital within the meaning and for the purposes of this section, and the subsequent provisions of this section in relation to visiting committees shall apply to such committee of management accordingly.

• (3) Subject to the other provisions of this section, it shall be the duty of the visiting committee of a district mental hospital to do the following things, that is to say:—

• (a) from time to time to visit such hospital and there to hear any complaints which may be made to them by any inmate of such hospital and, if so requested by such inmate, to hear such complaint in private;

• (b) to report to the council or councils by whom such hospital is maintained any abuses observed or found by such committee in such hospital;

• (c) to report to such council or councils on any repairs to such hospital which may appear to such committee to be urgently needed;

• (d) to report to such council or councils on any matter relating to such hospital on which such committee thinks it expedient so to report or on which such council or all or any of such councils shall have requested such committee so to report.

• (4) The visiting committee of a district mental hospital shall not inquire into or receive any complaint or make any report in relation to the services, remuneration, privileges or superannuation of the officers and servants of such hospital or any of such officers or servants.

• (5) The visiting committee of a district mental hospital shall collectively, and every member of such committee shall individually, be entitled at all times to visit such hospital and to have free access to every part thereof subject to compliance with the rules made by the Minister under this section.

• (6) The Minister may by order make rules prescribing the powers and duties of visiting committees of district mental hospitals and of visiting members of such committees and the manner in which such committees and such visiting members shall exercise and perform such powers and duties and all other powers and duties conferred or imposed on them by this section or otherwise.

• (7) Every visiting committee of a district mental hospital shall comply with and observe the rules made by the Minister under the next preceding sub-section of this section and for the time being in force so far as such rules apply to such committee.

• (8) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made and if either such House shall, within the next twenty-one days on which it sits after such order is laid before it, pass a resolution annulling such order or any rule or rules made thereby, such order, rule, or rules (as the case may be) shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

35 Appointment by county councils and elective bodies of members of certain public bodies.

35.—(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 or by an elective body shall be a member of the council or body by whom he is elected or nominated shall not apply in respect of any person elected or nominated on or after the commencement of this Act by the council of a county or by an elective body to be a member of a public body, and in lieu thereof it is hereby enacted that any person who, after such commencement, is elected or nominated by the council of a county or by an elective body to be a member of a public body and who, but for this section would be required to be a member of such council or of such elective body shall be such person willing to act, whether a member or not a member of such council or of such elective body, as such council or body 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, after the commencement of this Act, is elected or nominated by the council of a county or by an elective body to be a member of any public body of any special qualification (other than membership of such council or elective body) 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 a district mental hospital, or

• (c) compliance with the requirements of section 8 of the Vocational Education Act, 1930 (No. 29 of 1930), or

• (d) compliance with the requirements of paragraph 2 of the Second Schedule to the Agriculture Act, 1931 (No. 8 of 1931), or

• (e) compliance with the requirements of paragraph (c) of sub-section (1) of section 9 of the Public Assistance Act, 1939 (No. 27 of 1939), in relation to a public assistance authority to which the said section 9 applies, or compliance with paragraph (e) of sub-section (2) of section 10 of the said Act in relation to a public assistance authority to which the said section 10 applies.

36 Dissolution of boards of health.

36.—(1) Every board of health shall, upon the commencement of this Act, become and be dissolved by virtue of this section and the powers, functions, and duties of such board shall thereupon become and be transferred to and vested in the council of the county in which the county health district of such board is situate.

• (2) In the case of a board of health which, immediately before the commencement of this Act, stands dissolved by virtue of an order made under section 72 of the Local Government Act, 1925 (No. 5 of 1925), the following provisions shall have effect as on and from such commencement, that is to say:—

• (a) the said order shall cease to have effect and the said section 72 shall cease to apply to the said board of health;

• (b) the said board of health shall continue to be dissolved but such dissolution shall be deemed to have been effected by virtue of this section and accordingly the foregoing sub-section of this section shall apply and have effect in relation to the said board of health;

• (c) the powers, functions, and duties transferred by the said foregoing sub-section shall include all powers, functions, and duties which are, immediately before such commencement, exercisable or required to be performed by a person, persons, or body appointed in that behalf by any order of the Minister under the said section 72.

• (3) The provisions contained in the Third Schedule to this Act shall apply and have effect in relation to every board of health dissolved or deemed to have been dissolved by this section.

37 Adaptation of enactments relating to county councils.

37.—(1) Every enactment and every order in force at the commencement of this Act in relation to councils of counties shall, subject to any order made by the Minister under this section, be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Act so far as they relate to such councils.

• (2) The Minister may by order make, in respect of any enactment or order in force at the commencement of this Act in relation to councils of counties, all such adaptations of and modifications in any such enactment or order as appear to him to be necessary or expedient for carrying into effect the provisions of this Act so far as they relate to such councils.

• (3) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House shall, within the next twenty-one days on which it sits after such order is laid before it, pass a resolution annulling such order, such order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

38 Adaptation of enactments relating to elective bodies.

38.—(1) Every enactment and every order in force at the commencement of this Act in relation to elective bodies or any particular class of elective bodies shall, subject to any order made by the Minister under this section, be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Act so far as they relate (as the case may be) to elective bodies or to such class of elective bodies.

• (2) The Minister may by order make, in respect of any enactment or order in force at the commencement of this Act in relation to elective bodies or any particular class of elective bodies, all such adaptations of and modifications in any such enactment or order as appear to him to be necessary or expedient for carrying into effect the provisions of this Act so far as they relate (as the case may be) to elective bodies or to such class of elective bodies.

• (3) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House shall, within the next twenty-one days on which it sits after such order is laid before it, pass a resolution annulling such order, such order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

39 Expenses.

39.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

40 Partial repeal of the Local Government (Dublin) Act, 1930.

40.—(1) Sub-section (2) of section 42 and sections 47 and 48 of the Local Government (Dublin) Act, 1930 (No. 27 of 1930), are hereby repealed.

• (2) On the commencement of this Act sections 51 to 61 and sections 77, 79, and 80 of the Local Government (Dublin) Act, 1930 (No. 27 of 1930), shall cease to apply or have effect in relation to the borough of Dun Laoghaire.

• (3) The repeal by this section of section 47 of the Local Government (Dublin) Act, 1930 (No. 27 of 1930), shall, in relation to the office of town clerk of the borough of Dun Laoghaire, not operate to abolish that office but only to terminate the merger of the said office in the office of manager of the borough.

41 Short title.

41.—This Act may be cited as the County Management Act, 1940.

FIRST SCHEDULE. Grouping of Certain Counties.

SECOND SCHEDULE. Matters in respect of which the Powers, Functions, and Duties are Reserved Functions.

• (a) the passing of a resolution under section 18 of the said Act for the constitution of a planning region;

• (b) the making of an application for an order under section 21 of the said Act extending a planning district;

• (c) the consideration and the making of a decision under section 26 of the said Act to make a planning scheme;

• (d) the making and submission of a planning scheme under section 29 of the said Act;

• (e) the making to a planning authority of an application under sub-section (1) of section 35 of the said Act for the revocation or modification of a planning scheme;

• (f) the consideration of and dealing with an application by a responsible authority under the said sub-section (1) of section 35 of the said Act;

• (g) the institution of an appeal to the Minister under section 36 of the said Act in relation to the revocation or modification of a planning scheme;

• (h) the making of a revoking or amending planning scheme in pursuance of the said section 36 of the said Act.

• (a) the declaration under section 5 of the said Act of an area to be a clearance area;

• (b) the declaration under section 12 of the said Act of an area to be an improvement area.

THIRD SCHEDULE. Provisions Consequential on the Dissolution of Boards of Health.