Local Government Act 2001

Linked bodies.

220

220.—(1) In this section—

“the appropriate Minister” means the Minister of the Government on whom functions stand conferred in relation to the linked body in question;

F266 [ linked body means F267 [ a Regional Health Forum established under the Health Act 2004 , ] F268 [ an education and training board ] , a school attendance committee, a harbour board, a joint body and any other body

( a ) which is required by law to be composed wholly or partly of persons nominated, elected or appointed by a local authority or by 2 or more local authorities, or

( b ) which is required by law to include one or more persons, who hold membership of such linked body by virtue of being Cathaoirleach or by holding any other office or position relating to membership of a local authority. ]

(2) Where the members of a local authority are removed from office under this Part, the Minister may, after consultation with the appropriate Minister, make an order under this section in relation to any linked body affected by such removal in so far as the Minister thinks necessary or expedient for securing that the body concerned shall function notwithstanding such removal and, in particular, such order may provide—

( a) where the linked body concerned is required by law to be composed wholly of persons nominated, elected or appointed by the local authority concerned, either—

(i) for the transfer of the functions of that linked body to the commissioner or commissioners for that local authority and for the exercise and performance of such functions directly by that commissioners or those commissioners, or

(ii) for such provision as he or she thinks necessary or expedient for the appointment of the members of that linked body, including—

(I) the appointment of particular persons to be members, and

(II) reducing the number of the members and the quorum of that linked body,

and

( b) where the linked body concerned is required by law to be composed in part only of persons nominated, elected or appointed by the local authority concerned, for such provision as he or she thinks proper for filling all or any of those places in the membership of that linked body which are required by law to be filled by persons nominated, elected or appointed by such local authority, including—

(i) appointing a particular person or persons to fill such places, and

(ii) reducing the number of such places and, in consequence of such reduction, reducing the total number of members and the quorum of such body.

(3) During the removal period any enactment restricting the membership of a linked body in whole or in part to members of the local authority concerned shall stand suspended.

(4) The continuity of the existence of a linked body as a corporate body shall not be affected by the exercise of the power conferred on the Minister under this Part.

Annotations:

Amendments:

F266

Inserted (15.06.2004) by Health (Amendment) Act 2004 (19/2004), s. 26, S.I. No. 378 of 2004.

F267

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 pt. 21 item 4, S.I. No. 887 of 2004, art. 2(i).

F268

Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 37, S.I. No. 211 of 2013.

Editorial Notes:

E294

Previous affecting provision: definition of “linked body” inserted (15.06.2004) by Health (Amendment) Act 2004 (19/2004), s. 26, S.I. No. 378 of 2004; superseded as per F-note above.