Local Government Act, 1931

JurisdictionIreland
CitationIR No. 19/1931
Year1931


Number 19 of 1931.


LOCAL GOVERNMENT ACT, 1931.


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

General powers of the Minister when a local authority is dissolved.

3.

Powers in relation to subsidiary bodies.

4.

Consequential dissolution of certain boards and committees.

5.

Permissive powers of appointing committees.

6.

Special provision for Grangegorman Mental Hospital Committee.

7.

Revocation and amendment of orders.

8.

Short title.


Acts Referred to

Local Government (Temporary Provisions) Act, 1923

No. 9 of 1923

Local Government Act, 1925

No. 5 of 1925

Local Government (Dublin) Act, 1930

No. 27 of 1930


Number 19 of 1931.


LOCAL GOVERNMENT ACT, 1931.


AN ACT TO EXTEND AND DEFINE THE POWERS OF THE MINISTER FOR LOCAL GOVERNMENT AND PUBLIC HEALTH IN RELATION TO LOCAL AUTHORITIES DISSOLVED BY HIM AND IN RELATION TO SUBSIDIARY BODIES WHOLLY OR PARTLY APPOINTED BY SUCH LOCAL AUTHORITIES AND TO MAKE SPECIAL PROVISION IN REGARD TO THE JOINT COMMITTEE OF MANAGEMENT OF THE GRANGEGORMAN MENTAL HOSPITAL. [8th July, 1931.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Definitions.

1.—(1) In this Act—

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

the expression “the Act of 1923” means the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923);

the expression “the Act of 1925” means the Local Government Act, 1925 (No. 5 of 1925);

the expression “local authority” has the same meaning as it has in the Act of 1925;

the expression “subsidiary body” means a corporation, committee, board, or other body which is required by law to be composed wholly or partly of persons nominated by a local authority or by two or more local authorities.

(2) Where the person holding a particular office in or under a local authority is by law a member of any other body by virtue of his holding such office, such person shall for the purposes of this Act be deemed to be a member of such body nominated by such local authority.

General powers of the Minister when a local authority is dissolved.

2.—Whenever the Minister dissolves a local authority under section 72 of the Act of 1925 or has before the passing of this Act dissolved a local authority under that section or under section 12 of the Act of 1923, the Minister may make and, in the case of a local authority so dissolved before the passing of this Act (whether such local authority is or is not still dissolved at the passing of this Act), shall be deemed always to have had power to make by order such provision as he thinks necessary or proper for securing the effective carrying on of the powers, duties, and business of such local authority by the body, persons, or person appointed under the said section 72 or the said section 12 (as the case may be) to perform the duties of such local authority.

Powers in relation to subsidiary bodies.

3.—Whenever the Minister dissolves a local authority under section 72 of the Act of 1925 or has before the passing of this Act dissolved a local authority under that section or under section 12 of the Act of 1923 the Minister shall have power, and in the case of a local authority so dissolved before the passing of this Act (whether such local authority is or is not still dissolved at the passing of this Act), shall be deemed always to have had power to make by order such provision in relation to any subsidiary body wholly or partly appointed by such local authority as the Minister thinks necessary or proper for securing the due exercise and performance by such subsidiary body of its powers and duties notwithstanding the dissolution of such local authority and, in particular, to do by order all or any of the following things, that is to say:—

(a) where such subsidiary body is required by law to be composed wholly of persons nominated by such local authority either—

(i) to transfer the powers, duties, and property of such subsidiary body to the body, persons, or person to whom the powers and duties of such local authority are for the time being transferred under either of the said sections and to make provision for the exercise and performance of such powers and duties directly by such body, persons, or person, or

(ii)...

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