City and County Management (Amendment) Act , 1955

1 Interpretation.

1.—(1) In this Act—

“the Act of 1940” means the County Management Act, 1940 (No. 12 of 1940);

“borough” does not include a county borough;

“the Corporation of Dublin” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

“elective body” means an elective body for the purposes of the County Management Acts, 1940 and 1942;

“estimate of expenses” has the meaning assigned to it in section 9;

“estimates committee” has the meaning assigned to it in section 7;

“estimates meeting” has the meaning assigned to it in section 10;

“executive function” means a function other than a reserved function;

“grouped counties” has the same meaning as in the Act of 1940;

“individual health functions” means functions—

(a) with respect to decisions as to whether or not any particular person shall be eligible to avail himself of a service (including a service for the payment of grants or allowances) made available under the Health Acts, 1947 to 1954, or the Mental Treatment Acts, 1945 and 1954, or as to the extent to which and the manner in which a person shall receive treatment under or otherwise avail himself of any such service,

(b) with respect to decisions as to the making or recovery of a charge, or the amount of any charge, for a service (including a service for the payment of grants or allowances) made available under the Health Acts, 1947 to 1954, or the Mental Treatment Acts, 1945 and 1954, in respect of a particular person,

(c) under sections 107, 168, 188, 203, 206, 208, 215, 216, 217, 218, 219, 220, 223, 224 and Part XVII of the Mental Treatment Act, 1945 (No. 19 of 1945),

(d) under section 39 of the Health Act, 1947 (No. 28 of 1947);

“local authority” means—

(a) the corporation of a county borough,

(b) the council of a county, or

(c) an elective body;

“manager” means—

(a) as respects the corporation of a county borough—the manager for the purposes of the Acts relating to the management of the county borough, and

(b) as respects the council of a county or an elective body—the manager for the purposes of the County Management Acts, 1940 and 1942;

“the Minister” means the Minister for Local Government;

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

“reserved function” means—

(a) as respects the corporation of a county borough—a reserved function for the purposes of the Acts relating to the management of the county borough, and

(b) as respects the council of a county or an elective body—a reserved function for the purposes of the County Management Acts, 1940 and 1942.

(2) Any reference in this Act to a function includes a reference to a power or duty and any reference to performance of a function includes, as respects a power, a reference to exercise of the power.

(3) Notwithstanding anything contained in this section, every reference in this Act to a meeting, member, committee, member of a committee, or meeting of a committee of a local authority shall, where the local authority in question are the corporation of a county borough or borough, be construed as a reference to a meeting, member, committee, member of a committee, or meeting of a committee (as the case may be) of the council established by law in respect of the county borough or borough.

2 Prior information to members of local authority of manager's proposals.

2.—(1) Subject to the provisions of this section, a local authority may by resolution direct that, before the manager performs any specified executive function of the local authority, he shall inform the members of the local authority of the manner in which he proposes to perform that function, and the manager shall comply with the resolution.

(2) A resolution under subsection (1) of this section may relate to any particular case or occasion or to every case or occasion of the performance of the specified executive function.

(3) A resolution under subsection (1) of this section shall not apply or extend to the performance of any function of the manager in relation to the officers or servants of a local authority or the control, supervision, service, remuneration, privileges or superannuation of such officers or servants or any of them, and any resolution purporting to be passed under subsection (1) of this section which contravenes this subsection shall be void.

(4) Every dispute arising between a local authority and the manager as to whether a resolution passed by the local authority does or does not contravene subsection (3) of this section shall be referred for decision—

(a) in case the local authority are a joint mental hospital board or a joint board established by order under section 45 of the Health Act, 1953 (No. 26 of 1953)— to the Minister for Health, and

(b) in any other case—to the Minister.

(5) A resolution under subsection (1) of this section shall not apply or extend to the performance of any of the individual health functions of a local authority, and any resolution purporting to be passed under subsection (1) of this section which contravenes this subsection shall be void.

(6) Every dispute arising between a local authority and the manager as to whether a resolution passed by the local authority does or does not contravene subsection (5) of this section shall be referred for decision to the Minister for Health.

(7) The manager shall inform the members of a local authority—

(a) before any works (other than works of maintenance or repair) of the local authority are undertaken, or

(b) before committing the local authority to any expenditure in connection with proposed works (other than works of maintenance or repair).

(8) A local authority may by resolution define what information is to be given pursuant to this section, and how and when it is to be so given, and the manager shall comply with the resolution.

(9) Nothing in the foregoing provisions of this section shall prevent the manager from dealing forthwith with any situation which he considers is an emergency situation calling for immediate action without regard to those provisions.

3 Direction that works be not proceeded with.

3.—Where the members of a local authority are informed pursuant to section 2 of this Act of any works (not being works which the local authority are required by or under statute or by order of a Court to undertake), the local authority may by resolution direct that the works shall not be proceeded with, and the manager shall comply with the resolution.

4 Requisition that a particular thing be done.

4.—(1) Subject to the provisions of this section, a local authority may by resolution require any particular act, matter or thing specifically mentioned in the resolution and which the local authority or the manager can lawfully do or effect to be done or effected in performance of the executive functions of the local authority.

(2) Notice of the intention to propose a resolution under this section shall be given in writing to the manager and—

(a) the notice shall be signed by three members of the local authority,

(b) the notice shall contain a copy of the resolution, and

(c) the notice may require that the resolution shall be considered at a special meeting and shall then specify a day (not less than seven days after the day on which the notice is received by the manager) for the holding of the special meeting.

(3) A resolution under this section shall not be considered at a meeting of the local authority which is held less than seven days after the day on which the manager received the relevant notice under subsection (2) of this section.

(4) Where the manager receives a notice under subsection (2) of this section, he shall as soon as possible send a copy of the notice to every member of the local authority and, if the notice requires a special meeting and subsection (5) of this section does not apply, a special meeting of the local authority shall be summoned for the day specified in that behalf in the notice at the usual hour for meetings of the local authority.

(5) Where—

(a) a notice under subsection (2) of this section specifies a day for the holding of a special meeting, and

(b) an ordinary meeting of the local authority is to be held on a day—

(i) which is not less than seven days after the day on which the manager receives the notice, and

(ii) which is within the period of ten days the last of which is the day specified in the notice or the period of ten days the first of which is that day,

the resolution shall be considered at that ordinary meeting and a special meeting shall not be summoned.

(6) Without prejudice to any other relevant requirements, it shall be necessary for the passing of a resolution under this section that the number of the members of the local authority voting in favour of the resolution exceeds one-third of the total number of the members of the local authority.

(7) A motion to pass a resolution under this section shall be dealt with before any other business at the meeting.

(8) Where a resolution is passed under and in accordance with this section, the manager shall, if and when and so far as money for the purpose is or has been provided, do or effect in accordance with the resolution the act, matter or thing specified in the resolution.

(9) A resolution under this section shall not—

(a) apply or extend—

(i) to the performance of any function of a local authority generally,

(ii) to every case or occasion of the performance of any such function or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which any such function is performed, or

(iii) to every case or occasion of the performance of any such function in a particular area or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which any such function is performed in that area, or

(b) apply or extend to the performance of any executive function in relation to the officers or servants of a local authority or the control, supervision, service, remuneration, privileges or superannuation of such officers or servants or any of them,

and any resolution purporting to be passed under this section which contravenes this subsection shall be void.

(10) Every dispute arising between a local authority and the manager as to whether a resolution passed by the local authority under this section does or does not contravene subsection (9) of this section shall be referred for decision—

(a) in case the local authority is a joint mental hospital board or a joint board established by order under section 45 of the Health Act, 1953 (No. 26 of 1953), and the dispute is as to whether the resolution does or does not contravene paragraph (b) of that subsection—to the Minister for Health, and

(b) in any other case—to the Minister.

(11) A resolution under this section shall not apply or extend to the performance of any of the individual health functions of a local authority, and any resolution purporting to be passed under this section which contravenes this subsection shall be void.

(12) Every dispute arising between a local authority and the manager as to whether a resolution passed by the local authority does or does not contravene subsection (11) of this section shall be referred for decision to the Minister for Health.

5 Appointment of manager.

5.—(1) In this section “the Act of 1926” means the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926).

(2) The office of manager shall be an office to which the Act of 1926 applies, save that section 5 shall not apply and section 6 shall apply subject to the subsequent provisions of this section.

(3) Where a local authority request under section 6 of the Act of 1926 a recommendation of a person for appointment as the manager, the request shall be by resolution.

(4) Where a local authority appoint under section 6 of the Act of 1926 a person as the manager, the appointment shall be by resolution.

(5) Where—

(a) one of the councils of two grouped counties request under section 6 of the Act of 1926 a recommendation of a person for appointment as the manager, and

(b) the other council do not, on the same day, so request a recommendation of a person for appointment as the manager,

the other council shall be deemed to have made the last-mentioned request on that day.

(6) Where—

(a) one of the councils of two grouped counties appoint under section 6 of the Act of 1926 a person as the manager, and

(b) the other council do not, on the same day, so appoint that person as the manager,

then, notwithstanding any other provision of this or any other Act, that person shall, on that day, become and be appointed by virtue of this subsection as the manager as respects the other council.

(7) Where, as respects the following local authorities, that is to say, the Corporation of Dublin and the council of the county of Dublin, and before the commencement of an order under section 14 of this Act—

(a) one of the local authorities request under section 6 of the Act of 1926 a recommendation of a person for appointment as the manager, and

(b) the other local authority do not, on the same day, so request a recommendation of a person for appointment as the manager,

the other local authority shall be deemed to have made the last-mentioned request on that day.

(8) Where, as respects the following local authorities, that is to say, the Corporation of Dublin and the council of the county of Dublin, and before the commencement of an order under section 14 of this Act—

(a) one of the local authorities appoint under section 6 of the Act of 1926 a person as the manager, and

(b) the other local authority do not, on the same day, so appoint that person as the manager,

then, notwithstanding any other provision of this or any other Act, that person shall, on that day, become and be appointed by virtue of this subsection as the manager as respects the other local authority.

(9) Where, as respects a local authority—

(a) a recommendation is made under section 6 of the Act of 1926 of a person for appointment as the manager, and

(b) on the expiration of three months after the date of the recommendation, that person has not become appointed as the manager,

then, notwithstanding any other provision of this or any other Act, that person shall thereupon, if still available for appointment, become and be appointed by virtue of this subsection as the manager.

(10) (a) Where an office of manager becomes vacant, the Minister shall appoint a person to be the manager temporarily until a permanent appointment to the office is made but such temporary appointment may be terminated by the Minister at any time.

(b) In the case of the Corporation of Dublin and the council of the county of Dublin and before the commencement of an order under section 14 of this Act, the same person shall be appointed under this subsection in relation to each of them.

(c) In the case of two grouped counties, the same person shall be appointed under this subsection in relation to each of them.

6 Restriction on certain variations.

6.—(1) The manager shall not submit any proposal to vary the number of permanent offices under a local authority for the sanction of such Minister as may be empowered to sanction the proposal save with the consent by resolution of the local authority.

(2) The manager shall not submit any proposal to fix an increased or reduced rate of remuneration applicable to any class, description or grade of office or employment for the sanction of such Minister as may be empowered to sanction the proposal save with the consent by resolution of the local authority.

(3) The manager shall not fix an increased or reduced rate of remuneration applicable to any class, description or grade of office or employment under a local authority save with the consent by resolution of the local authority, but this restriction shall not apply if a proposal by the manager to fix that increased or reduced rate of remuneration applicable to that class, description or grade of office or employment has previously, with the consent by resolution of the local authority given pursuant to subsection (2) of this section, been submitted for the sanction of such Minister as may be empowered to sanction the proposal.

7 Estimates committee.

7.—(1) A local authority may by resolution appoint a committee (in this Act referred to as an estimates committee) to fulfil the functions assigned to an estimates committee by this Act.

(2) If a local authority exercise the power conferred by subsection (1) of this section—

(a) they may at any time revoke the appointment of the estimates committee, and

(b) they may by resolution fill any vacancy occurring in the membership of the estimates committee on account of any member of the committee having died, resigned or ceased to be a member of the local authority.

(3) An estimates committee of a local authority, other than the council of a county, shall consist of so many of the members of the local authority as the local authority, immediately before electing the committee, by resolution decide, subject to the restriction that the number of the members of the committee shall not exceed—

(a) where the number of the members of the local authority is an even multiple of three, one-third of that number, and

(b) where the result obtained on dividing the number of the members of the local authority by three consists of a whole number and a fractional remainder, that whole number.

(4) The number of the members of an estimates committee of the council of a county shall be twice the number of the county electoral areas in the county and, with respect to each such electoral area, two members of the council who were elected for that area shall be appointed to the committee.

8 Financial statements.

8.—(1) A local authority may by resolution require the preparation and submission to their members of statements of the financial position of the local authority.

(2) The following provisions shall have effect in relation to financial statements required by resolution of a local authority under subsection (1) of this section:—

(a) they shall be in such detail and shall be prepared and submitted at such intervals as may be specified in the resolution,

(b) they shall be prepared and submitted—

(i) in the case of a local authority having an estimates committee, by the committee with the assistance of the manager, and

(ii) in any other case, by the manager.

9 Estimate of expenses.