Local Government Reform Act 2014

26.

Consequential provisions on dissolution of certain bodies

26. (1) Schedule 4 shall (so far as may be appropriate) apply in relation to the dissolutions effected by Parts 2 and 3 and to each dissolved authority and its successor authority.

(2) (a) In this subsection “Joint Committee” means the County Tipperary Joint Libraries Committee established with effect from 1 January 1927 pursuant to section 3(1) of the Public Libraries (Ireland) Act 1894 and consequent on the adoption of the Public Libraries Act (Ireland) 1855 by Tipperary North Riding and Tipperary South Riding, which Committee was continued to stand established by virtue of Article 4(1) of the Local Government Act 2001 (County Tipperary Joint Libraries Committee) Regulations 2002 ( S.I. No. 214 of 2002).

(b) The Minister shall by order dissolve the Joint Committee with effect from such date as is specified in the order.

(c) The Minister may by order make provision for the transfer of the assets and liabilities of the Joint Committee in such manner as the Minister considers appropriate.

(d) An order to which paragraph (c) relates shall contain such provision as the Minister considers necessary or expedient consequential on the dissolution of the Joint Committee and, without prejudice to the generality of the forgoing, may make provision—

(i) for the application of any of the provisions of Schedule 4 (other than paragraphs 6(2)(a), 7, 8, 12 and 13, subparagraphs (3) and (4) of paragraph 14 and paragraph 15 and such other provisions as may be specified) to the Joint Committee as if—

(I)references in that Schedule to “relevant day or date” were a reference to the date specified under paragraph (b) for the dissolution of the Joint Committee,

(II)references to a dissolved authority were references to the Joint Committee dissolved by order under paragraph (b), and

(III)in relation to the Joint Committee, references to the successor authority were to the local authority established under section 13(1)(c) ,

and

(ii) for such other matters of a transitional, supplementary or incidental nature as appears to the Minister to be necessary or expedient to facilitate the dissolution of the Joint Committee and the transfer of its assets and liabilities.

(e) Any land to which an order under paragraph (c) relates shall, on the date specified in that order in relation to the land, vest that land in the successor authority referred to in section 13(1)(c) without any further conveyance, transfer or assignment.

Annotations:

Modifications (not altering text):

C1

Application of subs. (2)(d) extended (29.05.2014) by Local Government Reform Act 2014 (Dissolution of the County Tipperary Joint Libraries Committee and Transfer of Assets and Liabilities) Order 2014 (S.I. No. 232 of 2014), reg. 5.

4. On 1 June 2014, the assets and liabilities of the Joint Committee transfer to Tipperary County Council in accordance with Article 5.

5. The provisions of section 26(2)(d) and Schedule 4 (other than paragraphs 6(2)(a), 7, 8, 12, 13, subparagraphs (3) and (4) of paragraph 14, 15, 16, 17 and 18) of the Act of 2014 apply to the transfer of assets and liabilities referred to in Article 4.

Editorial Notes:

E15

Power pursuant to subs. (2) exercised (29.05.2014) by Local Government Reform Act 2014 (Dissolution of the County Tipperary Joint Libraries Committee and Transfer of Assets and Liabilities) Order 2014 (S.I. No. 232 of 2014).