Local Government Services (Corporate Bodies) Act 1971
F9[Transfer orders.
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:
E66
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).
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 Management Services Board) Order 2012 (S.I. No. 289 of 2012), in effect as per art. 1(2).
E68
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).
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 Southside Regeneration Agency) Order 2012 (S.I. No. 279 of 2012).
E70
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).