Local Government Services (Corporate Bodies) Act 1971

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.