Local Government Services (Corporate Bodies) Act 1971

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.

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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.

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Schedule 1

Enactments

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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

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...

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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.