First Previous (PART I Preliminary and General) Next (PART III Dublin)

7 1985

LOCAL GOVERNMENT (REORGANISATION) ACT, 1985

PART II

Galway

Definitions (Part II).

4. — In this part—

the appointed day” has the meaning assigned to it by section 5 (1);

the City Council” has the meaning assigned to it by section 6 (2);

the Corporation” has the meaning assigned to it by section 5 (2);

the County Council” means the council of the county of Galway;

the County” means the administrative county of Galway;

the County Borough” means the county borough of Galway;

the Borough” means the Borough of Galway established by the Local Government (Galway) Act, 1937 ;

the Borough Council” means the council established under the Local Government (Galway) Act, 1937 , for the Borough.

Establishment of Borough of Galway as County Borough.

5. —(1) On such day (in this Part referred to as the “appointed day”) as the Minister shall appoint by order, the Borough shall cease to be part of the County and shall, as on and from such day, be an administrative county of itself, and be called the County Borough of Galway.

(2) On the appointed day the Mayor, Aldermen and Burgesses of the Borough of Galway shall be and be known as the Mayor, Aldermen and Burgesses of the County Borough of Galway (elsewhere referred to in this Part as “the Corporation”).

(3) The Corporation shall have, in so far as is consistent with this Act or any order made under section 8 or 24 of this Act, the functions which immediately before the appointed day stood vested by law in the Corporation of the Borough of Galway together with such other functions as are for the time being, vested by law in the corporations of county boroughs generally and without prejudice to the generality of the foregoing, the law which immediately before the appointed day applied in respect of the Borough, together with the law which for the time being applies in respect of county boroughs generally, shall, insofar as is consistent with this Act or any order made under section 8 or 24 of this Act, apply to the County Borough.

(4) For the purposes of the election of members of the County Council held next after the commencement of this section and without prejudice to the generality of subsection (1) of this section, the Borough shall be deemed not to be part of the County and persons registered as local government electors in respect of the area comprised in the Borough shall not be entitled to vote at the election of members of the said council.

(5) For the avoidance of doubt it is hereby declared that, subject to any order made under section 8 or 24 of this Act, anything commenced or otherwise done before the appointed day in relation to, or in the name of, the Mayor, Aldermen and Burgesses of the Borough of Galway shall on and after that day be regarded as if it had been commenced or otherwise done in relation to, or in the name of, the Corporation.

Membership of Council of Borough of Galway and establishment of City Council.

6. —(1) (a) The Borough Council shall, on and after the ordinary day of retirement of members thereof which occurs next after the commencement of this section, consist of fifteen members and that number of members shall accordingly be elected at every election of members of the Borough Council held after such commencement.

(b) Section 15 of the Local Government (Galway) Act, 1937 , shall be construed and have effect subject to paragraph (a) of this subsection.

(2) On and from the appointed day there shall be a Galway City Council (elsewhere in this Part referred to as “the City Council”) to fulfil the functions assigned to it by law and it shall consist of a Mayor and the same number of aldermen and councillors as did the Borough Council immediately prior to the appointed day, and the persons who were members of the Borough Council immediately prior to the appointed day shall on that day become and be the members of the City Council and shall in relation to the City Council, hold the same offices as they held, respectively, in relation to the Borough Council.

Management of County Borough of Galway.

7. —(1) The City Council shall directly perform all the functions of the Corporation which by virtue of subsection (3) of this section are reserved functions and such other functions as are for the time being declared by or under any enactment to be reserved functions.

(2) There shall be an office of Galway City Manager the holder of which shall perform for the Corporation every function of the Corporation which (having regard to subsections (1) and (3) of this section) is not a reserved function.

(3) Subject to this section and to the provisions of any order made under section 8 or 24 of this Act, the County Management Acts, 1940 to 1972, shall apply to the Corporation in like manner as they apply to the council of a county.

(4) For the purposes of giving effect to subsection (3) of this section, in the County Management Acts, 1940 to 1972, except where the context otherwise requires—

(a) any reference to a county shall be construed as including a reference to the County Borough,

(b) any reference to the council of a county shall be construed as including a reference to the Corporation, or, as may be appropriate, to the City Council,

(c) any reference to the chairman of the council of a county shall be construed as including a reference to the Mayor of the County Borough,

(d) any reference to a meeting, member, committee, member of a committee or meeting of a committee of a county council shall be construed as including a reference to a meeting, member, committee, member of a committee or meeting of a committee, as may be appropriate, of the City Council,

(e) any reference to a borough in the Second Schedule to the County Management Act, 1940 , shall be construed as including a reference to the County Borough,

(f) any reference to a county manager shall be construed as including a reference to the Galway City Manager, and

(g) any reference to an assistant county manager shall be construed as including a reference to a Galway Assistant City Manager.

(5) The office of Galway County Manager and the office of Galway City Manager shall be held by one and the same person.

(6) The person who immediately before the appointed day held in a permanent capacity the office of Galway County Manager shall, on and from that day, become, by virtue of this subsection, the Galway City Manager.

(7) (a) Subject to paragraph (b) of this subsection, where, in the case of the Corporation and the County Council—

(i) one of them by resolution declares that the office of Galway County Manager and the office of Galway City Manager should cease to be held by one and the same person, and

(ii) the other of them, on the day on which such resolution is passed or on a day within three months thereafter, by resolution also declares as aforesaid,

the Minister may by order terminate the operation of subsection (5) of this section.

(b) If the person who on the 1st day of March, 1985, was the Galway County Manager, holds on the appointed day the offices of Galway County Manager and Galway City Manager by virtue of subsection (6) of this section, then for so long as that person continues thereafter so to hold those offices, paragraph (a) of this subsection shall not have effect.

Supplementary provisions (Part II).

8. —(1) The Minister may by order make such provisions as may appear to him to be appropriate, arising from, by reason of, for the purposes of, or to give full effect to, the establishment of the Borough as a county borough and such order may include provisions relating to any matter whatsoever arising in relation to such establishment.

(2) Without prejudice to the generality of subsection (1) of this section, the Minister may—

(a) make such provisions in relation to the offices of Galway City Manager and Galway County Manager, or either of them, as he considers appropriate,

(b) make such other provisions as he considers appropriate for or in connection with the management of the County Borough, the County or both the County Borough and the County.

(3) Nothing in this section shall be construed as prejudicing the generality of section 24 of this Act.