Local Government Services (Corporate Bodies) Act 1971

Local Government Services (Corporate Bodies) Act 1971


Number 6 of 1971


LOCAL GOVERNMENT SERVICES (CORPORATE BODIES) ACT 1971

REVISED

Updated to 18 February 2019


This Revised Act is an administrative consolidation of the Local Government Services (Corporate Bodies) Act 1971. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Hallmarking (Amendment) Act 2019 (2/2019), enacted 14 February 2019, and all statutory instruments up to and including Water Safety Ireland (Establishment) Order 2019 (S.I. No. 56 of 2019), made 15 February 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 6 of 1971


LOCAL GOVERNMENT SERVICES (CORPORATE BODIES) ACT 1971

REVISED

Updated to 18 February 2019


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Local Government Services (Corporate Bodies) Acts 1971 to 2012 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 1(2)). The Acts in this group are:

Local Government Services (Corporate Bodies) Act 1971 (6/1971)

Local Government Services (Corporate Bodies) (Confirmation of Orders) Act 2008 (9/2008)

Local Government (Miscellaneous Provisions) Act 2012 (17/2012), Part 2

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Local Government (Miscellaneous Provisions) Act 2012 (17/2012)

Dublin Transport Authority Act 2008 (15/2008)

Local Government Services (Corporate Bodies) (Confirmation of Orders) Act 2008 (9/2008)

Public Service Management (Recruitment and Appointments) Act 2004 (33/2004)

Dublin Metropolitan Streets Commission Act 1986 (30/1986)

Fire Services Act 1981 (30/1981)

Ombudsman Act 1980 (26/1980)

Local Government (Superannuation) Act 1980 (8/1980)

All Acts up to and including Hallmarking (Amendment) Act 2019 (2/2019), enacted 14 February 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Water Safety Ireland (Establishment) Order 2019 (S.I. No. 56 of 2019)

Water Safety Ireland (Transfer Of Assets And Liabilities) Order 2019 (S.I. No. 55 of 2019)

Local Government Services (Corporate Bodies) Act 1971 (Designation of Bodies) Order 2018 (S.I. No. 604 of 2018)

Land Development Agency (Amendment) Order 2018 (S.I. No. 603 of 2018)

Land Development Agency (Establishment) Order 2018 (S.I. No. 352 of 2018)

Community Development (Transfer of Departmental Administration and Ministerial Functions) Order 2018 (S.I. No. 165 of 2018)

Housing, Planning, Community and Local Government (Alteration of Name of Department and Title of Minister) Order 2017 (S.I. No. 358 of 2017)

Environment, Community and Local Government (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 394 of 2016)

Local Government Services (Corporate Bodies) Act 1971 (Designation of Bodies) Order 2014 (S.I. No. 83 of 2014)

Local Government Management Agency (Establishment) (Amendment) Order 2013 (S.I. No. 220 of 2013)

Local Government Management Agency (Establishment) Order 2012 (S.I. No. 290 of 2012)

Local Government Services (Corporate Bodies) Act 1971 (Transfer of Functions of the Local Government Management Services Board) Order 2012 (S.I. No. 289 of 2012)

Local Government Services (Corporate Bodies) Act 1971 (Transfer of functions of the Local Government Computer Services Board) Order 2012 (S.I. No. 288 of 2012)

Local Government Services (Corporate Bodies) Act 1971 (Transfer of Functions, Assets and Liabilities of Limerick Southside Regeneration Agency) Order 2012 (S.I. No. 279 of 2012)

Local Government Services (Corporate Bodies) Act 1971 (Transfer of Functions, Assets and Liabilities of Limerick Northside Regeneration Agency) Order 2012 (S.I. No. 278 of 2012)

Local Government Services (Corporate Bodies) Act 1971 (Designation of Bodies) Order 2012 (S.I. No. 265 of 2012)

Housing and Sustainable Communities Agency (Establishment) Order 2012 (S.I. No. 264 of 2012)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Environment, Heritage and Local Government (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 193 of 2011)

National Safety Council Dissolution Order 2007 (S.I. No. 813 of 2007)

Affordable Homes Partnership (Establishment) Order 2005 (Amendment) Order 2007 (S.I. No. 293 of 2007)

Limerick Southside Regeneration Agency (Establishment) Order 2007 (S.I. No. 276 of 2007)

Limerick Northside Regeneration Agency (Establishment) Order 2007 (S.I. No. 275 of 2007)

Irish Water Safety (Establishment) Order 2006 (S.I. No. 389 of 2006)

Affordable Homes Partnership (Establishment) Order 2005 (S.I. No. 383 of 2005)

Local Government Services (Corporate Bodies) Act 1971 (Section 3(2)) Order 2005 (S.I. No. 107 of 2005)

Local Government Computer Services Board (Establishment) (Amendment) Order 2004 (S.I. No. 656 of 2004)

Environment and Local Government (Alteration of Name of Department and Title of Minister) Order 2003 (S.I. No. 233 of 2003)

Dublin Transportation Office (Amendment) Order 2002 (S.I. No. 519 of 2002)

National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. 298 of 2002)

Fire Services Council (Establishment) Order, 1983 (Amendment) Order 2000 (S.I. No. 23 of 2000)

Irish Water Safety Association (Establishment) Order 1999 (S.I. No. 361 of 1999)

National Safety Council (Establishment) Order, 1987, (Amendment) (No. 2) Order 1999 (S.I. No. 360 of 1999)

Dublin Transportation Office (Establishment) Order (Amendment) Order 1999 (S.I. No. 337 of 1999)

National Safety Council (Establishment) Order, 1987 (Amendment) Order 1999 (S.I. No. 11 of 1999)

Environment (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 322 of 1997)

Dublin Transportation Office (Establishment) Order (Amendment) Order 1997 (S.I. No. 170 of 1997)

Local Government Staff Negotiations Board (Establishment) Orders, 1971 to 1996 (Revocation) Order 1996 (S.I. No. 411 of 1996)

Local Government Management Services Board (Establishment) Order 1996 (S.I. No. 410 of 1996)

Local Government Staff Negotiations Board (Establishment) (Amendment) Order 1996 (S.I. No. 160 of 1996)

Local Government Services (Corporate Bodies) Act 1971 (Designated Bodies) Order 1995 (S.I. No. 290 of 1995)

Dublin Transportation Office (Establishment) Order 1995 (S.I. No. 289 of 1995)

Local Government Services (Corporate Bodies) Act 1971 (Section 3 (2)) Order 1995 (S.I. No. 142 of 1995)

Environmental Research Unit (Establishment) Order, 1988 (Revocation) Order 1993 (S.I. No. 409 of 1993)

Environmental Research Unit (Establishment) Order 1988 (S.I. No. 20 of 1988)

Local Government (Corporate Bodies) (Revocation) Order 1987 (S.I. No. 328 of 1987)

National Safety Council (Establishment) Order 1987 (S.I. No. 327 of 1987)

Dublin Metropolitan Streets Commission (Dissolution) Order 1987 (S.I. No. 146 of 1987)

Dublin Metropolitan Streets Commission (Establishment) Order 1987 (S.I. No. 14 of 1987)

Local Government Services (Corporate Bodies) Act, 1971 (Designation of Bodies) Order 1986 (S.I. No. 325 of 1986)

Fire Prevention Council (Establishment) Order, 1978 (Amendment) Order 1986 (S.I. No. 239 of 1986)

Ombudsman Act, 1980 (Second Schedule) (Amendment) Order 1985 (S.I. No. 69 of 1985)

Local Government Services (Establishment) (Orders) (Amendment) Order 1984 (S.I. No. 345 of 1984)

Fire Services Council (Establishment) Order, 1983 (Amendment) Order 1984 (S.I. No. 344 of 1984)

Fire Prevention Council (Establishment) Order, 1978 (Amendment) Order 1984 (S.I. No. 23 of 1984)

Fire Services Council (Establishment) Order 1983 (S.I. 175 of 1983)

Local Government Services Corporate Bodies) Act, 1971 (Designation of Bodies) Order 1981 (S.I. No. 77 of 1981)

Fire Prevention Council (Establishment) (Amendment) Order 1980 (S.I. No. 246 of 1980)

Irish Water Safety Association (Establishment) Order 1980 (S.I. No. 244 of 1980)

Local Government Staff Negotiations Board (Establishment) (Amendment) Order 1979 (S.I. No. 15 of 1979)

Local Government Services (Corporate Bodies) Act, 1971 (Designation of Bodies) Order 1978 (S.I. No. 207 of 1978)

Fire Prevention Council (Establishment) Order 1978 (S.I. No. 206 of 1978)

Local Government (Alteration of Name of Department and Title of Minister) Order 1977 (S.I. No. 269 of 1977)

Local Government Services (Corporate Bodies) Act, 1971 (Designation of Bodies) Order 1976 (S.I. No. 197 of 1976)

Local Government Computer Services Board (Establishment) Order 1975 (S.I. No. 212 of 1975)

Local Government Staff Negotiations Board (Establishment) (Amendment) Order 1975 (S.I. No. 54 of 1975)

National Road Safety Association (Establishment) Order 1974 (S.I. No. 103 of 1974)

Local Government Staff Negotiations Board (Establishment) Order 1971 (S.I. No. 217 of 1971)

All statutory instruments up to and including Water Safety Ireland (Establishment) Order 2019 (S.I. No. 56 of 2019), made 15 February 2019, were considered in the preparation of this revision.


Number 6 of 1971


LOCAL GOVERNMENT SERVICES (CORPORATE BODIES) ACT 1971

REVISED

Updated to 18 February 2019


ARRANGEMENT OF SECTIONS


Act Referred to

Local Government (Superannuation) Act, 1956

1956, No. 10


Number 6 of 1971


LOCAL GOVERNMENT SERVICES (CORPORATE BODIES) ACT 1971

REVISED

Updated to 18 February 2019


AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT OF BODIES TO PROVIDE SERVICES FOR THE MINISTER FOR LOCAL GOVERNMENT, LOCAL AUTHORITIES AND CERTAIN OTHER BODIES. [7 th April, 1971]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Editorial Notes:

E1

Previous affecting provision: certain functions of Minister under Act transferred (18.06.2002) by National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 298 of 2002), in effect as per art. 2; rendered obsolete by the dissolution of (a) Dublin Transportation Office (1.12.2009) by Dublin Transport Authority Act 2008 (15/2008), s. 102(1), S.I. No. 474 of 2009, and (b) National Safety Council (10.10.2007) by National Safety Council Dissolution Order 2007 (S.I. No. 813 of 2007), art. 2.

E2

Previous affecting provision: application of Act extended (1.02.1987) by Dublin Metropolitan Streets Commission Act 1986 (30/1986), s. 3, S.I. No. 15 of 1987, to order made under that section. Corporate body thereby established dissolved (1.07.1987) by Dublin Metropolitan Streets Commission Act 1986 (30/1986), s. 4, S.I. No. 146 of 1987.

E3

Previous affecting provision: application of Act extended (1.01.1982) by Fire Services Act 1981 (30/1981), s. 16(5), S.I. No. 430 of 1981, to order made under that section. Fire Services Council established thereunder (22.06.1983) by Fire Services Council (Establishment) Order 1983 (S.I. No. 175 of 1983), in effect as per art. 1(2); dissolved (3.01.2018) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 10(b), S.I. No. 4 of 2018.

E4

Previous affecting provision: certain actions taken by or on behalf of certain bodies established under Act excluded from investigation (1.04.1985) by Ombudsman Act 1980 (26/1980), s. 4(4) and sch. 2, as amended (1.04.1985) by Ombudsman Act, 1980 (Second Schedule) (Amendment) Order 1985 (S.I. No. 69 of 1985), in effect as per art. 1(2), subject to proviso therein; substituted (30.04.2013) by Ombudsman (Amendment) Act 2012 (38/2012), ss. 6, 16, commenced as per s. 1(3), by which Ombudsman Act 1980 (26/1980), a. 4(4) and sch. 2 were substituted with new provisions which no longer include any reference to bodies established under this Act.

Interpretation.

1

1.In this Act—

the Act of 1956” means the Local Government (Superannuation) Act, 1956;

the Minister” means the Minister for Local Government.

Annotations:

Modifications (not altering text):

C1

Title of Minister altered (1.08.2017) to that of the Minister for Housing, Planning and Local Government by Housing, Planning, Community and Local Government (Alteration of Name of Department and Title of Minister) Order 2017 (S.I. No. 358 of 2017), art. 3, in effect as per art. 1(2).

1. (1) This Order may be cited as the Housing, Planning, Community and Local Government (Alteration of Name of Department and Title of Minister) Order 2017.

(2) This Order comes into operation on 1 August 2017.

...

3. The title of the Minister having charge of the Department of State, whose present title is, in the Irish language, an tAire Tithíochta, Pleanála, Pobail agus Rialtais Áitiúil and, in the English language, the Minister for Housing, Planning, Community and Local Government, is altered, in the Irish language, to that of an tAire Tithíochta, Pleanála agus Rialtais Áitiúil and, in the English language, to that of the Minister for Housing, Planning and Local Government.

4. In any enactment or any instrument made under an enactment—

...

(b) references to the Minister for Housing, Planning, Community and Local Government shall be construed as references to the Minister for Housing, Planning and Local Government.

Editorial Notes:

E5

Previous affecting provision: title of Minister altered (23.07.2016) to that of the Minister for Housing, Planning, Community and Local Government by Environment, Community and Local Government (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 394 of 2016), art. 3, in effect as per art. 1(2).

E6

Previous affecting provision: title of Minister altered (2.05.2011) to that of the Minister for the Environment, Community and Local Government by Environment, Heritage and Local Government (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 193 of 2011), art. 3, in effect as per art. 1(2).

E7

Previous affecting provision: title of Minister altered (10.06.2003) to that of the Minister for the Environment, Heritage and Local Government by Environment and Local Government (Alteration of Name of Department and Title of Minister) Order 2003 (S.I. No. 233 of 2003), art. 3, in effect as per art. 1(2).

E8

Previous affecting provision: title of Minister altered (22.07.1997) to that of the Minister for the Environment and Local Government by Environment (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 322 of 1997), art. 3, in effect as per art. 1(2).

E9

Previous affecting provision: title of Minister altered (17.08.1977) to that of the Minister for the Environment by Local Government (Alteration of Name of Department and Title of Minister) Order 1977 (S.I. No. 269 of 1977), art. 3, in effect as per art. 1(2).

F1 [ Authorities to which Act applies.

2

2. A local authority for the purposes of the Local Government Acts 1925 to 2007 shall, for the purposes of this Act, be an authority to which this Act applies. ]

Annotations:

Amendments:

F1

Substituted (6.07.2012) by Local Government (Miscellaneous Provisions) Act 2012, s. 4, S.I. No. 241 of 2012.

Establishment of bodies to provide certain services.

3

3. F2 [ (1) The Minister may, from time to time, with the consent of the Minister for Public Expenditure and Reform, and having regard to the matters referred to in subsection (1A) , by order (in this Act referred to as an establishment order ), establish a body to provide services for or on behalf of

( a ) the Minister in the performance of his or her functions, or

( b ) one or more of the authorities to which this Act applies in the performance of the functions of that authority or those authorities. ]

F3 [ (1A) The Minister, when making an order under subsection (1) , shall have regard to

( a ) the promotion of efficiency, effectiveness and economy in the organisation and provision of the services in question,

( b ) the resources available to the Minister or any authority to or for which services may be provided by the body to be established by the order,

( c ) the desirability of consistency of standards in relation to the provision of the services in question,

( d ) the desirability of regionalisation or centralisation of the provision of the services in question,

( e ) the desirability of reducing the number of bodies providing the services in question. ]

(2) The Minister may, whenever he determines that it is expedient to do so, by order, designate for the purposes of subsection (3) of this section any body, not being an authority to which this Act applies, whether the body is a body corporate or an unincorporated body of persons.

(3) A body established under subsection (1) of this section may, in addition to providing the services specified in the relevant establishment order for the authorities therein specified, provide those services, or services of a similar nature, for a body which for the time being is designated for the purposes of this subsection by the Minister.

(4) Services provided under the said subsection (3) shall be so provided on such terms (including terms as to the charging of fees) as may be agreed between the body by whom and the body for whom the services are so provided.

(5) A body established under the said subsection (1) shall be called and known by such title as may be specified in the establishment order.

(6) A body so established shall be a body corporate with perpetual succession and a seal and with power to sue and be sued in its corporate name and to acquire, hold and dispose of land.

(7) All courts shall take judicial notice of the seal of a body so established and every document purporting to be an order or other instrument made by that body and to be sealed with its seal (purporting to be authenticated in the manner provided by the establishment order) shall be received in evidence and be deemed to be such order or instrument without further proof unless the contrary is shown.

(8) The Minister may from time to time by order amend an establishment order or an order made under this subsection.

F3 [ (9) In this section services includes

( a ) the management and organisation of industrial relations and human resources activities, including representation, negotiation, training and development,

( b ) the provision of services, training and equipment relating to information technology and communications technology,

( c ) the provision of administration services,

( d ) the provision of shared and central services,

( e ) the promotion of public safety awareness and the organisation of training and safety measures in relation to public safety,

( f ) the provision of research, advisory and information services,

( g ) the provision of consultancy and strategic planning services,

( h ) the arrangement, co-ordination and provision of social and economic regeneration including the development and improvement of land and infrastructure,

( i ) the provision of procurement services,

( j ) the provision of agency services, including the collection of charges and late payment fees, and

( k ) the supply of goods and related services. ]

Annotations:

Amendments:

F2

Substituted (6.07.2012) by Local Government (Miscellaneous Provisions) Act 2012, s. 5(a), S.I. No. 241 of 2012.

F3

Inserted (6.07.2012) by Local Government (Miscellaneous Provisions) Act 2012, s. 5(b) and (c), S.I. No. 241 of 2012.

Modifications (not altering text):

C2

Certain functions of Minister transferred (1.06.2018) by Community Development (Transfer of Departmental Administration and Ministerial Functions) Order 2018 (S.I. No. 165 of 2018), in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Rural and Community Development.

(2) References to the Department of Housing, Planning and Local Government contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Rural and Community Development.

3. (1) The functions vested in the Minister for Housing, Planning and Local Government by or under—

(b) section 3 of the Local Government Services (Corporate Bodies) Act 1971 (No. 6 of 1971) in so far as it relates to the establishment of a body having functions relating to the promotion of water safety, and

...

are transferred to the Minister for Rural and Community Development.

(2) References to the Minister for Housing, Planning and Local Government contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Rural and Community Development.

C3

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 6 of 1971

Local Government Services (Corporate Bodies) Act 1971

Sections 3, 4 and 5

...

...

...

C4

Subsisting orders and acts done under section confirmed (20.05.2008) by Local Government Services (Corporate Bodies) (Confirmation of Orders) Act 2008 (9/2008), ss. 3, 4, commenced on enactment.

Confirmation of certain orders under section 3 of Act of 1971.

3.— (1) Subject to subsection (5), every order under section 3 of the Act of 1971 made before the passing of this Act shall have statutory effect as if it were an Act of the Oireachtas.

(2) Every act done, or purporting to have been done, by a body established under section 3 of the Act of 1971 under and in accordance with an order made under that section shall be, and be deemed always to have been, valid and effectual for all purposes.

(3) If subsection (1) or (2) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.

(4) The Public Service Superannuation (Miscellaneous Provisions) Act 2004 shall, in so far as it applied to an officer, servant, employee or member of the staff of a body established under section 3 of the Act of 1971 immediately before the passing of this Act, continue to so apply after the passing of this Act.

(5) This section shall not apply to an order that, immediately before the passing of this Act, stood revoked under section 5 of the Act of 1971.

Confirmation of certain acts done by dissolved bodies.

4.— (1) Every act done, or purporting to have been done, by a dissolved body under and in accordance with an order made under section 3 of the Act of 1971 shall be, and be deemed always to have been, valid and effectual for all purposes.

(2) If subsection (1) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.

(3) In this section “dissolved body” means a body established under an order that, immediately before the passing of this Act, stood revoked under section 5 of the Act of 1971.

Editorial Notes:

E10

Power pursuant to subs. (1) exercised (18.02.2019) by Water Safety Ireland (Establishment) Order 2019 (S.I. No. 56 of 2019), in effect as per art. 3(2).

E11

Power pursuant to subs. (2) exercised (21.12.2018) by Local Government Services (Corporate Bodies) Act 1971 (Designation of Bodies) Order 2018 (S.I. No. 604 of 2018), in effect as per art. 1(2).

E12

Power pursuant to subs. (8) exercised (20.12.2018) by Land Development Agency (Amendment) Order 2018 (S.I. No. 603 of 2018).

E13

Power pursuant to subs. (1) exercised (14.09.2018) by Land Development Agency (Establishment) Order 2018 (S.I. No. 352 of 2018), in effect as per art. 2.

E14

Power pursuant to subs. (2) exercised (4.02.2014) by Local Government Services (Corporate Bodies) Act 1971 (Designation of Bodies) Order 2014 (S.I. No. 83 of 2014), in effect as per art. 1(2).

E15

Power pursuant to subs. (8) exercised (1.07.2013) by Local Government Management Agency (Establishment) (Amendment) Order 2013 (S.I. No. 220 of 2013), in effect as per art. 3.

E16

Power pursuant to subs. (1) exercised (1.08.2012) by Local Government Management Agency (Establishment) Order 2012 (S.I. No. 290 of 2012), in effect as per art. 2.

E17

Power pursuant to subs. (2) exercised (1.08.2012) by Local Government Services (Corporate Bodies) Act 1971 (Designation of Bodies) Order 2012 (S.I. No. 265 of 2012).

E18

Power pursuant to subs. (1) exercised (1.08.2012) by Housing and Sustainable Communities Agency (Establishment) Order 2012 (S.I. No. 264 of 2012), in effect as per art. 2

E19

Power pursuant to subs. (2) exercised (24.02.2005) by Local Government Services (Corporate Bodies) Act 1971 (Section 3(2)) Order 2005 (S.I. No. 107 of 2005).

E20

Power pursuant to subs. (2) exercised (9.11.1995) by Local Government Services (Corporate Bodies) Act 1971 (Designated Bodies) Order 1995 (S.I. No. 290 of 1995).

E21

Power pursuant to subs. (2) exercised (8.06.1995) by Local Government Services (Corporate Bodies) Act 1971 (Section 3 (2)) Order 1995 (S.I. No. 142 of 1995).

E22

Power pursuant to subs. (8) exercised (18.12.1984) by Local Government Services (Establishment) (Orders) (Amendment) Order 1984 (S.I. No. 345 of 1984); revoked by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 11(d), not commenced as of date of revision.

E23

Previous affecting provision: establishment orders relating to Limerick Northside Regeneration Agency and Limerick Southside Regeneration Agency amended (20.05.2008) otherwise than by exercise of power under subs. (8) by Local Government Services (Corporate Bodies) (Confirmation of Orders) Act 2008 (9/2008), s. 5 and sch., commenced on enactment.

E24

Previous affecting provision: power pursuant to subs. (1) exercised (15.06.2007) by Limerick Northside Regeneration Agency (Establishment) Order 2007 (S.I. No. 275 of 2007) as amended (8.06.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 8, commenced on enactment; revoked (31.07.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 11(j), S.I. No. 269 of 2012.

E25

Previous affecting provision: power pursuant to subs. (1) exercised (15.06.2007) by Limerick Southside Regeneration Agency (Establishment) Order 2007 (S.I. No. 276 of 2007) as amended (8.06.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 9, commenced on enactment; revoked (31.07.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 11(k), S.I. No. 269 of 2012.

E26

Previous affecting provision: power pursuant to subs. (8) exercised (13.06.2007) by Affordable Homes Partnership (Establishment) Order 2005 (Amendment) Order 2007 (S.I. No. 293 of 2007), revoked (3.01.2018) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 11(h), S.I. No. 4 of 2018.

E27

Previous affecting provision: power pursuant to subs. (8) exercised (26.07.2006) by Irish Water Safety (Establishment) Order 2006 (S.I. No. 389 of 2006), in effect as per art. 1(2); revoked (18.02.2019) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 11(i), S.I. No. 54 of 2019.

E28

Previous affecting provision: power pursuant to subs. (1) exercised (1.08.2005) by Affordable Homes Partnership (Establishment) Order 2005 (S.I. No. 383 of 2005), in effect as per art. 2; revoked (3.01.2018) by Local Government (Miscellaneous Provisions) Act 2012, s. 11(h), S.I. No. 4 of 2018.

E29

Previous affecting provision: power pursuant to subs. (8) exercised (1.01.2005) by Local Government Computer Services Board (Establishment) (Amendment) Order 2004 (S.I. No. 656 of 2004), in effect as per art. 2; revoked (1.08.2012) by Local Government (Miscellaneous Provisions) Act 2012, s. 11(g), S.I. No. 287 of 2012.

E30

Previous affecting provision: power pursuant to subs. (8) exercised (18.11.2002) by Dublin Transportation Office (Amendment) Order 2002 (S.I. No. 519 of 2002); rendered obsolete by dissolution of Dublin Transportation Office (1.12.2009) by Dublin Transport Authority Act 2008 (15/2008), s. 102(1), S.I. No. 474 of 2009, art. 2.

E31

Previous affecting provision: power pursuant to subs. (8) exercised (27.01.2000) by Fire Services Council (Establishment) Order, 1983 (Amendment) Order 2000 (S.I. No. 23 of 2000); revoked (3.01.2018) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 11(f), S.I. No. 4 of 2018.

E32

Previous affecting provision: power pursuant to subs. (1) exercised (26.11.1999) by Irish Water Safety Association (Establishment) Order 1999 (S.I. No. 361 of 1999), in effect as per art. 1(2); revoked (26.07.2006) by Irish Water Safety (Establishment) Order 2006 (S.I. No. 389 of 2006), art. 3(1), subject to art. 3(2) continuing the existence of the Irish Water Association under the name of Irish Water Safety for certain purposes . Note that this was a new body, but with the same name as that which had previously been established by the Irish Water Safety Association (Establishment) Order 1980 (S.I. No. 244 of 1980) and dissolved (1.01.1988) by Local Government (Corporate Bodies) (Revocation) Order 1987 (S.I. No. 328 of 1987), art. 3.

E33

Previous affecting provision: power pursuant to subs. (8) exercised (26.11.1999) by National Safety Council (Establishment) Order, 1987, (Amendment) (No. 2) Order 1999 (S.I. No. 360 of 1999), arts. 3 to 5; revoked (10.10.2007) by National Safety Council Dissolution Order 2007 (S.I. No. 813 of 2007), art. 2(b).

E34

Previous affecting provision: power pursuant to subs. (8) exercised (2.11.1999) by Dublin Transportation Office (Establishment) Order (Amendment) Order 1999 (S.I. No. 337 of 1999); rendered obsolete by dissolution of Dublin Transportation Office (1.12.2009) by Dublin Transport Authority Act 2008 (15/2008) s. 102(1), S.I. No. 474 of 2009.

E35

Previous affecting provision: power pursuant to subs. (8) exercised (28.01.1999) by National Safety Council (Establishment) Order, 1987 (Amendment) Order 1999 (S.I. No. 11 of 1999); revoked (21.11.1999) by National Safety Council (Establishment) Order, 1987, (Amendment) (No. 2) Order 1999 (S.I. No. 360 of 1999), art. 6.

E36

Previous affecting provision: power pursuant to subs. (8) exercised (22.04.1997) by Dublin Transportation Office (Establishment) Order (Amendment) Order 1997 (S.I. No. 170 of 1997); revoked (2.11.1999) by Dublin Transportation Office (Establishment) Order (Amendment) Order 1999 (S.I. No. 337 of 1999), art. 4.

E37

Previous affecting provision: power pursuant to subs. (1) exercised (1.01.1997) by Local Government Management Services Board (Establishment) Order 1996 (S.I. No. 410 of 1996), in effect as per art. 2; revoked (1.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 11(e), S.I. No. 287 of 2012.

E38

Previous affecting provision: power pursuant to subs. (8) exercised (1.07.1996) by Local Government Staff Negotiations Board (Establishment) (Amendment) Order 1996 (S.I. No. 160 of 1996), in effect as per art. 4; revoked (1.01.1997) by Local Government Staff Negotiations Board (Establishment) Orders, 1971 to 1996 (Revocation) Order 1996 (S.I. No. 411 of 1996), art. 3.

E39

Previous affecting provision: power pursuant to subs. (1) exercised (9.11.1995) by Dublin Transportation Office (Establishment) Order 1995 (S.I. No. 289 of 1995); revoked (1.12.2009) by Dublin Transport Authority Act 2008 (15/2008) s. 102(2), S.I. No. 474 of 2009.

E40

Previous affecting provision: power pursuant to subs. (1) exercised (10.02.1988) by Environmental Research Unit (Establishment) Order 1988 (S.I. No. 20 of 1988); revoked (1.01.1994) by Environmental Research Unit (Establishment) Order, 1988 (Revocation) Order 1993 (S.I. No. 409 of 1993), art. 3.

E41

Previous affecting provision: power pursuant to subs. (1) exercised (18.12.1987) by National Safety Council (Establishment) Order 1987 (S.I. No. 327 of 1987); revoked (10.10.2007) by National Safety Council Dissolution Order 2007 (S.I. No. 813 of 2007), art. 2(a).

E42

Previous affecting provision: power pursuant to subs. (1) exercised (1.02.1987) by Dublin Metropolitan Streets Commission (Establishment) Order 1987 (S.I. No. 14 of 1987), art. 3; rendered obsolete (1.07.1987) by dissolution of Dublin Metropolitan Streets Commission by Dublin Metropolitan Streets Commission (Dissolution) Order 1987 (S.I. No. 146 of 1987), art. 3.

E43

Previous affecting provision: power pursuant to subs. (2) exercised (1.10.1986) by Local Government Services (Corporate Bodies) Act, 1971 (Designation of Bodies) Order 1986 (S.I. No. 325 of 1986); rendered obsolete by dissolution of Fire Prevention Council (1.01.1988) by Local Government (Corporate Bodies) (Revocation) Order 1987 (S.I. No. 328 of 1987), art. 3.

E44

Previous affecting provision: power pursuant to subs. (8) exercised (2.07.1986) by Fire Prevention Council (Establishment) Order, 1978 (Amendment) Order 1986 (S.I. No. 239 of 1986); revoked (1.01.1988) by Local Government (Corporate Bodies) (Revocation) Order 1987 (S.I. No. 328 of 1997), art. 3.

E45

Previous affecting provision: power pursuant to subs. (8) exercised (18.12.1984) by Fire Services Council (Establishment) Order, 1983 (Amendment) Order 1984 (S.I. No. 344 of 1984); revoked (3.01.2018) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 11(c), S.I. No. 4 of 2018.

E46

Previous affecting provision: power pursuant to subs. (8) exercised (26.01.1984) by Fire Prevention Council (Establishment) Order, 1978 (Amendment) Order 1984 (S.I. No. 23 of 1984); revoked (1.01.1988) by Local Government (Corporate Bodies) (Revocation) Order 1987 (S.I. No. 328 of 1997), art. 3.

E47

Previous affecting provision: Fire Services Council established otherwise than by exercise of power pursuant to subs. (1) (22.06.1983) by Fire Services Council (Establishment) Order 1983 (S.I. No. 175 of 1983) but on basis whereby Local Government Services (Corporate Bodies) Act 1971 (6/1971) applies to that order as if it were an order under subs. (1), as provided (1.01.1982) by Fire Services Act 1981 (30/1981), s. 16(5), S.I. No. 430 of 1981; revoked (3.01.2018) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 11(b), S.I. No. 4 of 2018.

E48

Previous affecting provision: power pursuant to subs. (2) exercised (6.03.1981) by Local Government Services Corporate Bodies) Act, 1971 (Designation of Bodies) Order 1981 (S.I. No. 77 of 1981); rendered obsolete (1.01.1997) by dissolution of Local Government Staff Negotiations Board by Local Government Staff Negotiations Board (Establishment) Orders, 1971 to 1996 (Revocation) Order 1996 (S.I. No. 411 of 1996), art. 3.

E49

Previous affecting provision: power pursuant to subs. (1) exercised (1.08.1980) by Irish Water Safety Association (Establishment) Order 1980 (S.I. No. 244 of 1980); revoked (1.01.1988) by Local Government (Corporate Bodies) (Revocation) Order 1987 (S.I. No. 328 of 1987), art. 3.

E50

Previous affecting provision: power pursuant to subs. (8) exercised (30.07.1980) by Fire Prevention Council (Establishment) (Amendment) Order 1980 (S.I. No. 246 of 1980); revoked (1.01.1988) by Local Government (Corporate Bodies) (Revocation) Order 1987 (S.I. No. 328 of 1997), art. 3.

E51

Previous affecting provision: power pursuant to subs. (8) exercised (25.01.1979) by Local Government Staff Negotiations Board (Establishment) (Amendment) Order 1979 (S.I. No. 15 of 1979); revoked (1.01.1997) by Local Government Staff Negotiations Board (Establishment) Orders, 1971 to 1996 (Revocation) Order 1996 (S.I. No. 411 of 1996), art. 3.

E52

Previous affecting provision: power pursuant to subs. (2) exercised (20.07.1978) by Local Government Services (Corporate Bodies) Act, 1971 (Designation of Bodies) Order 1978 (S.I. No. 207 of 1978); rendered obsolete (1.01.1988) by dissolution of Fire Prevention Council by Local Government (Corporate Bodies) (Revocation) Order 1987 (S.I. No. 328 of 1997), art. 3.

E53

Previous affecting provision: power pursuant to subs. (1) exercised (20.07.1978) by Fire Prevention Council (Establishment) Order 1978 (S.I. No. 206 of 1978); revoked (1.01.1988) by Local Government (Corporate Bodies) (Revocation) Order 1987 (S.I. No. 328 of 1987), art. 3.

E54

Previous affecting provision: power pursuant to subs. (2) exercised (24.08.1976) by Local Government Services (Corporate Bodies) Act, 1971 (Designation of Bodies) Order 1976 (S.I. No. 197 of 1976); rendered obsolete (1.01.1997) by dissolution of Local Government Staff Negotiations Board by Local Government Staff Negotiations Board (Establishment) Orders, 1971 to 1996 (Revocation) Order 1996 (S.I. No. 411 of 1996), art. 3.

E55

Previous affecting provision: power pursuant to subs. (1) exercised (1.10.1975) by Local Government Computer Services Board (Establishment) Order 1975 (S.I. No. 212 of 1975), in effect as per art. 3; revoked (1.08.2018) by Local Government (Miscellaneous Provisions) Act 2012, s. 11(a), S.I. No. 287 of 2012.

E56

Previous affecting provision: power pursuant to subs. (8) exercised (13.03.1975) by Local Government Staff Negotiations Board (Establishment) (Amendment) Order 1975 (S.I. No. 54 of 1975); revoked (1.01.1997) by Local Government Staff Negotiations Board (Establishment) Orders, 1971 to 1996 (Revocation) Order 1996 (S.I. No. 411 of 1996), art. 3.

E57

Previous affecting provision: power pursuant to subs. (1) exercised (8.04.1974) by National Road Safety Association (Establishment) Order 1974 (S.I. No. 103 of 1974); revoked (1.01.1988) by Local Government (Corporate Bodies) (Revocation) Order 1987 (S.I. No. 328 of 1987), art. 3.

E58

Previous affecting provision: power pursuant to subs. (1) exercised (15.07.1971) by Local Government Staff Negotiations Board (Establishment) Order 1971 (S.I. No. 217 of 1971); revoked (1.01.1997) by Local Government Staff Negotiations Board (Establishment) Orders, 1971 to 1996 (Revocation) Order 1996 (S.I. No. 411 of 1996), art. 3.

Membership, staff, administration, financial and other matters.

4

4. (1) Every establishment order shall require the body thereby established to provide itself with a seal and shall contain, with the consent of the Minister for Finance, such provisions as the Minister considers appropriate in relation to the number of members of the body established by the order, the method, terms and conditions of their appointment and their tenure of office, and shall also contain such provisions as the Minister considers appropriate in relation to the following matters:

( a) the manner in which and the conditions under which the body established by the order may provide the services specified in the order;

( b) enabling the body effectively to provide the services so specified; and

( c) the administration generally and general finances of the body.

(2) Without prejudice to the generality of subsection (1) of this section, an establishment order, or an order amending an establishment order, may include provisions relating to all or any of the following matters:

( a) the appointment of officers and the employment of servants by the body F4 [ including, if the Minister thinks fit, provisions for the application, with the consent of the Chief Executive of the Public Appointments Service, of the Local Authorities (Officers and Employees) Acts 1926 to 1983 ] to appointments to offices under the body as if it were a local authority but subject to any modifications which may be specified in the order;

( b) the remuneration, conditions of service and tenure of office and employment of officers and servants of the body;

( c) the superannuation of officers and servants of the body including, if the Minister thinks fit, provisions for the application of the Act of 1956 F5 [ or any scheme or regulations under the Local Government (Superannuation) Act, 1980, ] to the body as if it were a local authority but subject to any modifications which may be specified in the order;

( d) the meetings of the body and the procedure at such meetings;

( e) the use and authentication of its seal;

( f) the regulating of its finances and the keeping and auditing of its accounts;

( g) the payment of grants of such amounts as may be sanctioned by the Minister for Finance, out of moneys to be provided by the Oireachtas, towards the expenses of the body;

( h) the recoupment by one or more than one authority to which this Act applies, in such manner as may be specified in the order, of all or part of the expenses of the body, and in case an authority to which this Act applies fails to recoup the body in accordance with the order, the deduction from moneys payable to the authority by any Minister and the payment to the body by that Minister out of such moneys of an amount equal to that to be recouped by the authority on foot of the order;

( i) the charging by the body of fees in respect of services provided by it for authorities to which this Act applies;

( j) the furnishing to the Minister by the body from time to time of information regarding its activities, and the furnishing of such information to the Minister at any time at his request;

( k) empowering the body to make arrangements with another person or body for the use by it of premises or equipment belonging to that person or other body or for the use by the body of the services of officers and servants of that person or other body;

( l) matters ancillary or incidental to any of the foregoing matters.

(3) No provision relating to the matters mentioned in paragraphs ( a), ( b), ( c) and ( g) of subsection (2) of this section may be contained in an establishment order save with the consent of the Minister for Finance.

(4) Where provision has been made in an establishment order or an order amending an establishment order for the application of the Act of 1956 F5 [ or any scheme or regulations under the Local Government (Superannuation) Act, 1980, ] to a body established by an establishment order (whether with or without modifications) and an officer or servant of that body becomes a pensionable officer or pensionable servant of a local authority within the meaning of the Act of 1956, section 11 (1) or 34 (1) of that Act, whichever may be appropriate, shall, in its application to him, be construed as if there were therein contained a provision entitling him to reckon as service any service (whether as a pensionable officer or pensionable servant of the body or otherwise) which would be reckonable by the body for the purposes of his superannuation.

F6 [ (5) Where an establishment order or any order amending an establishment order includes provisions for the application of a scheme under the Local Government (Superannuation) Act, 1980, the body concerned shall carry out the scheme in accordance with its terms but subject to such modifications as may be specified in the order.

(6) An order amending an establishment order may, in so far as it applies any scheme or regulations under the Local Government (Superannuation) Act, 1980, have retrospective effect. ]

Annotations:

Amendments:

F4

Substituted (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 61(1) and sch. 2 part 1, commenced on enactment.

F5

Inserted (15.07.1971) by Local Government (Superannuation) Act 1980 (8/1980), s. 9(a), S.I. No. 31 of 1984, art. 6.

F6

Inserted (15.07.1971) by Local Government (Superannuation) Act 1980 (8/1980), s. 9(b), S.I. No. 31 of 1984, art. 6.

Modifications (not altering text):

C5

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 6 of 1971

Local Government Services (Corporate Bodies) Act 1971

Sections 3, 4 and 5

...

...

...

Editorial Notes:

E59

Power pursuant to section exercised (18.12.1984) by Local Government Services (Establishment) (Orders) (Amendment) Order 1984 (S.I. No. 345 of 1984); revoked by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 11(d), not commenced as of date of revision.

Revocation of establishment order.

5

5. (1) The Minister may by order at any time revoke an establishment order.

(2) A revoking order shall contain such provisions as the Minister thinks necessary or expedient consequential on the revocation, and, in particular, may make provision for—

( a) the dissolution of the body established by the establishment order and the transfer or distribution of the property, rights and liabilities thereof to any of the following—

(i) the Minister,

(ii) any one, or more than one, other body established by an establishment order,

(iii) any one, or more than one, authority to which this Act applies,

F7 [ (iv) a Department of State (subject to the consent of the relevant Minister), ]

( b) the preservation of continuing contracts made by the dissolved body,

( c) the continuance of pending legal proceedings,

( d) notwithstanding any restriction contained in any other Act, the transfer of the holder of any office under the dissolved body to a similar office under—

(i) an authority to which this Act applies,

(ii) any other body established by an establishment order, or

(iii) a Department of State.

F8 [ ( e ) transitional arrangements in relation to the superannuation of officers and servants of the dissolved body,

( f ) the preparation and auditing of final accounts of the dissolved body,

( g ) the preparation of a final report of the dissolved body, and

( h ) any other transitional, supplementary or incidental matters that appear to the Minister to be necessary for the purposes of the order. ]

(3) A revoking order shall not contain a provision transferring the holder of an office under the dissolved body to an office under a Department of State save with the consent of the Minister for Finance, and, in case the Department is not the Department of Finance, the Minister in charge of the Department concerned.

Annotations:

Amendments:

F7

Inserted (6.07.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 6(a), S.I. No. 241 of 2012.

F8

Inserted (6.07.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 6(b), S.I. No. 241 of 2012.

Modifications (not altering text):

C6

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 6 of 1971

Local Government Services (Corporate Bodies) Act 1971

Sections 3, 4 and 5

...

...

...

C7

Application of section restricted (1.02.1987) by Dublin Metropolitan Streets Commission Act 1986 (30/1986), s. 4(5), S.I. No. 15 of 1987.

Dissolution of Commission.

4.—(1) Not later than three years after the establishment of the Commission the Minister shall by order (in this section, other than subsection (5), referred to as a “dissolution order”) provide for the dissolution of the Commission.

...

(5) An order providing for the dissolution of the Commission shall not be made under the Local Government Services (Corporate Bodies) Act, 1971.

Editorial Notes:

E60

Power pursuant to subs. (1) exercised (10.10.2007) by National Safety Council Dissolution Order 2007 (S.I. No. 813 of 2007).

E61

Power pursuant to subs. (1) exercised (1.01.1997) by Local Government Staff Negotiations Board (Establishment) Orders, 1971 to 1996 (Revocation) Order 1996 (S.I. No. 411 of 1996).

E62

Power pursuant to subs. (1) exercised (1.01.1994) by Environmental Research Unit (Establishment) Order, 1988 (Revocation) Order 1993 (S.I. No. 409 of 1993).

E63

Power pursuant to subs. (1) exercised (1.01.1988) by Local Government (Corporate Bodies) (Revocation) Order 1987 (S.I. No. 328 of 1997).

E64

A number of orders made under this Act were revoked and bodies were dissolved otherwise than under subs. (1). They are:

Local Government Services (Establishment) (Orders) (Amendment) Order 1984 (S.I. No. 345 of 1984), revoked by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 11(d), not commenced as of date of revision. Local Government Management Services Board dissolved by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 10(c), not commenced as of date of revision.

Irish Water Safety Association (Establishment) Order 1999(S.I. No. 361 of 1999), revoked (26.07.2006) in circumstances where the revocation of the establishment order was not coterminous with the dissolution of the body thereby established, by Irish Water Safety (Establishment) Order 2006 (S.I. No. 389 of 2006), art. 3; revoked (18.02.2019) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 11(i), S.I. No. 54 of 2019.

Irish Water Safety (Establishment) Order 2006 (S.I. No. 389 of 2006), revoked (18.02.2019) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 11(i), S.I. No. 54 of 2019. Irish Water Safety dissolved (18.02.2019) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 10(e), S.I. No. 54 of 2019.

Fire Services Council (Establishment) Order 1983 (S.I. No. 175 of 1983), Fire Services Council (Establishment) Order 1983 (Amendment) Order 1984 (S.I. No. 344 of 1984) and Fire Services Council (Establishment) Order 1983 (Amendment) Order 2000 (S.I. No. 23 of 2000), revoked (3.01.2018) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 11(b), (c) and (f), S.I. No. 4 of 2018. Fire Services Council dissolved (3.01.2018) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 10(b), S.I. No. 4 of 2018.

Affordable Homes Partnership (Establishment) Order 2005 (S.I. No. 383 of 2005) and Affordable Homes Partnership (Establishment) Order 2005 (Amendment) Order 2007 (S.I. No. 293 of 2007), revoked (3.01.2018) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 11(h) and (l), S.I. No. 4 of 2018. Affordable Homes Partnership dissolved (3.01.2018) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 10(d), S.I. No. 4 of 2018.

Local Government Computer Services Board (Establishment) Order 1975 (S.I. No. 212 of 1975) and Local Government Computer Services Board (Establishment) (Amendment) Order 2004 (S.I. No. 656 of 2004), revoked (1.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 11(a) and (g), S.I. No. 287 of 2012. Local Government Computer Services Board dissolved (1.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 10(a), S.I. No. 287 of 2012.

Local Government Management Services Board (Establishment) Order 1996 (S.I. No. 410 of 1996) revoked (1.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 11(e), S.I. No. 287 of 2012. Local Government Management Services Board dissolved (1.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 10(c), S.I. No. 287 of 2012.

Limerick Northside Regeneration Agency (Establishment) Order 2007 (S.I. No. 275 of 2007) revoked (31.07.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 11(j), S.I. No. 269 of 2012. Limerick Northside Regeneration Agency dissolved (31.07.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 10(f), S.I. No. 269 of 2012.

Limerick Southside Regeneration Agency (Establishment) Order 2007 (S.I. No. 276 of 2007), revoked (31.07.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 11(k), S.I. No. 269 of 2012. Limerick Southside Regeneration Agency dissolved (31.07.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 10(g), S.I. No. 269 of 2012.

Dublin Transportation Office (Establishment) Order 1995 (S.I. No. 289 of 1995), revoked (1.12.2009) and Dublin Transportation Office dissolved (1.12.2009) by Dublin Transport Authority Act 2008 (15/2007), s. 102, S.I. No. 474 of 2009.

F9 [ Transfer orders.

5A

5A. (1) The Minister may, with the consent of the Minister for Public Expenditure and Reform, and having regard to the promotion of administrative efficiencies and economies of scale and the matters referred to in section 3(1A) , by order transfer the assets and liabilities of a body or bodies specified in section 10 of the Local Government (Miscellaneous Provisions) Act 2012.

(2) An order under subsection (1) shall contain such provisions as the Minister considers necessary or expedient consequential on the dissolution of the body or bodies concerned, and, in particular, may make provision for

( a ) the transfer or distribution of the functions, property, rights and liabilities of the body or bodies concerned to one or more than one of the following

(i) the Minister,

(ii) a body established by an establishment order,

(iii) an authority to which this Act applies, or

(iv) a Department of State (subject to the consent of the relevant Minister),

( b ) the preservation of continuing contracts made by the body or bodies concerned,

( c ) the continuance of pending legal proceedings,

( d ) the transfer of staff of the body or bodies concerned to

(i) an authority to which this Act applies,

(ii) a body established by an establishment order, or

(iii) a Department of State (subject to the consent of the relevant Minister),

( e ) transitional arrangements in relation to the superannuation of officers and servants of the body or bodies concerned,

( f ) the preparation and auditing of final accounts of the body or bodies concerned,

( g ) the preparation of a final report of the body or bodies concerned, and

( h ) any other transitional, supplementary or incidental matters that appear to the Minister to be necessary for the purposes of the order. ]

Annotations:

Amendments:

F9

Inserted (6.07.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 7, S.I. No. 241 of 2012.

Modifications (not altering text):

C8

Certain functions of Minister relating to Irish Water Safety (the body specified in Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 10(e)) transferred (1.06.2018) by Community Development (Transfer of Departmental Administration and Ministerial Functions) Order 2018 (S.I. No. 165 of 2018), in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Rural and Community Development.

(2) References to the Department of Housing, Planning and Local Government contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Rural and Community Development.

3. (1) The functions vested in the Minister for Housing, Planning and Local Government by or under— ...

(c) section 5A of the Local Government Services (Corporate Bodies) Act 1971 in so far as it relates to the transfer of assets and liabilities of the body specified in section 10 (e) of the Local Government (Miscellaneous Provisions) Act 2012,

are transferred to the Minister for Rural and Community Development.

(2) References to the Minister for Housing, Planning and Local Government contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Rural and Community Development.

...

Editorial Notes:

E65

Power pursuant to subs. (1) exercised (15.02.2019) by Water Safety Ireland (Transfer Of Assets And Liabilities) Order 2019 (S.I. No. 55 of 2019).

E66

Power pursuant to subs. (1) exercised (1.08.2012) by Local Government Services (Corporate Bodies) Act 1971 (Transfer of Functions of the Local Government Management Services Board) Order 2012 (S.I. No. 289 of 2012), in effect as per art. 1(2).

E67

Power pursuant to subs. (1) exercised (1.08.2012) by Local Government Services (Corporate Bodies) Act 1971 (Transfer of functions of the Local Government Computer Services Board) Order 2012 (S.I. No. 288 of 2012), in effect as per art. 1(2).

E68

Power pursuant to subs. (1) exercised (31.07.2012) by Local Government Services (Corporate Bodies) Act 1971 (Transfer of Functions, Assets and Liabilities of Limerick Southside Regeneration Agency) Order 2012 (S.I. No. 279 of 2012).

E69

Power pursuant to subs. (1) exercised (31.07.2012) by Local Government Services (Corporate Bodies) Act 1971 (Transfer of Functions, Assets and Liabilities of Limerick Northside Regeneration Agency) Order 2012 (S.I. No. 278 of 2012).

Expenses of Minister.

6

6.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.

Laying of orders before Houses of the Oireachtas and sending of copies to members of those Houses.

7

7. (1) The Minister shall cause a copy of every order made by him under this Act to be sent, as soon as possible after the order is made, to each member of each House of the Oireachtas.

(2) Every order made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as possible after it is made and, if a resolution annulling the order is passed by either such House within the next seven days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(3) Non-compliance with subsection (1) of this section in respect of any member or members of either House of the Oireachtas shall not affect the validity, or the coming into operation, of an order made by the Minister under this Act.

Short title.

8

8.This Act may be cited as the Local Government Services (Corporate Bodies) Act, 1971.