Local Government Act 2001
Joint drainage committees.
231.— (1) After consultation with the Minister for Finance, the Minister may by order provide that this section is to have effect in respect of a joint drainage committee specified in the order from a date so specified.
(2) F286[(a) In this subsection "the relevant local authorities" means the local authorities which are liable to provide funds to the joint drainage committee concerned.]
(b) Where an order is made under subsection (1), then from the date specified in the order the joint drainage committee so specified is dissolved and ceases to exist and the functions of that committee shall become and be functions of and vest in each of the relevant local authorities for so much of the drainage district as is within each of their administrative areas.
(c) The relevant local authorities may make such joint arrangements as may be necessary for the carrying out of the functions of the dissolved joint drainage committee.
(3)(a) The F286[chief executive] for a joint drainage committee to which an order under subsection (1) applies shall take all such steps as may be necessary—
(i) in preparation for and arising from the dissolution of the committee, and the winding-up of its affairs generally, and
(ii) for the making of such joint or other arrangements as may be necessary for the carrying out of its functions.
(b) It is the duty of the local authorities concerned to co-operate as regards the operation of any arrangements under paragraph (a)(ii).
Annotations
Amendments:
F286
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 176, 177, S.I. No. 214 of 2014.
Modifications (not altering text):
C63
Functions transferred and references to “Department of Finance” and “Minister for Finance” in subs. (1) 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).
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. 37 of 2001 |
Local Government Act 2001 |
Sections 66(7), 81(6), 92(2), 109(8), 169(1)(a), 212(3) and 231(1) |
|
... |
... |
... |
Note change of name of Department and Minister to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19/2023), in effect as per art. 1(2).
Editorial Notes:
E327
Power pursuant to section exercised (1.01.2015) by Local Government Act 2001 (Section 231) Order 2014 (S.I. No. 478 of 2014).
E328
Power pursuant to section exercised (1.01.2003) by Local Government Act 2001 (Section 231) Order 2002 (S.I. No. 531 of 2002).