Local Government Services (Corporate Bodies) Act 1971

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.