LOCAL GOVERNMENT ACT, 1958

AN ACT TO MAKE PROVISION WITH RETROSPECTIVE EFFECT FOR THE REMOVAL OF DOUBTS IN RESPECT OF THE APPLICATION OF SECTION 23 OF THE LOCAL GOVERNMENT ACT, 1941, AS AMENDED BY SECTION 24 OF THE LOCAL GOVERNMENT ACT, 1955, AND THE LOCAL GOVERNMENT (OFFICERS AGE LIMIT) ORDER, 1957, AND IN RESPECT OF CESSER OF OFFICE BY CERTAIN PERSONS AND FOR THE REPEAL OF CERTAIN ENACTMENTS. [22nd April, 1958.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Definitions.

1.—In this Act—

“the age limit section” means section 23 of the Local Government Act, 1941 (No. 23 of 1941), as amended by section 24 of the Local Government Act, 1955 (No. 9 of 1955);

“the age limit order” means the Local Government (Officers Age Limit) Order, 1957 (S.I. No. 140 of 1957) ;

“the relevant offices” means—

• (a) the office of Cork City Manager and Town Clerk,

• (b) the office of Dublin City Manager and Town Clerk,

• (c) the office of Limerick City Manager and Town Clerk,

• (d) the office of Waterford City Manager and Town Clerk, and

• (e) the office of county manager for a county under the County Management Act, 1940 (No. 12 of 1940).

2 Removal of doubts.

2.—(1) For the purpose of removing doubts, it is hereby declared as follows:

• (a) the age limit section applies and, during the period which began on the day on which the age limit order was made and ended on the passing of this Act, has applied to the relevant offices and holders thereof,

• (b) the age limit order applies and, during the period which began on the day on which that order came into force and ended on the passing of this Act, has applied to the relevant offices and holders thereof, and

• (c) with respect to the holders, on the day on which the age limit order came into force, of the relevant offices—

• (i) in the case of a holder who, on that day, was older than the age of sixty-five years, he ceased to hold office on that day, and

• (ii) in any other case, the holder shall, if he reaches the age of sixty-five years, cease to hold office on the day on which he reaches that age.

• (2) In applying subparagraph (ii) of paragraph (c) of subsection (1) of this section to the holder of an office at a time when the age limit order stands either amended with respect to that office or revoked wholly or with respect to that office, the reference in that subparagraph to the age of sixty-five years shall be construed as a reference to any age then standing provided for as the age limit for that office by order under the age limit section.

3 Repeals.

3.—(1) The following subsections are hereby repealed:

• (a) subsection (4) of section 10 of the Cork City Management Act, 1929 (No. 1 of 1929),

• (b) subsection (4) of section 53 of the Local Government (Dublin) Act, 1930 (No. 27 of 1930),

• (c) subsection (3) of section 14 of the Limerick City Management Act, 1934 (No. 35 of 1934),

• (d) subsection (3) of section 13 of the Waterford City Management Act, 1939 (No. 25 of 1939), and

• (e) subsection (1) of section 5 of the County Management Act, 1940 (No. 12 of 1940).

• (2) Subsection (1) of this section shall be deemed to have come into operation on the day on which the age limit order was made.

4 Short title and collective citation.

4.—(1) This Act may be cited as the Local Government Act, 1958.

• (2) The Local Government Acts, 1925 to 1955, and this Act may be cited together as the Local Government Acts, 1925 to 1958.