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31 1993

LOCAL GOVERNMENT (DUBLIN) ACT, 1993

PART V

Miscellaneous

Duty of principal authorities to consult and to have regard to certain interests.

32. —(1) It shall be the duty of a principal authority in formulating its policies and in preparing and carrying out its functional programmes to have regard to the overall interests of the combined administrative areas of the principal authorities and their inhabitants (in this section referred to as the “metropolitan interest”) and—

(a) to take all appropriate steps to ensure the proper coordination of such of their policies and programmes, including development plans, as are likely to have a material effect on the metropolitan interest with such policies and programmes of the other principal authorities, and

(b) to ensure that appropriate policies and programmes are put in place and implemented where such is necessary in order to promote the metropolitan interest.

(2) In exercising any function which has, or may have, a material effect on the metropolitan interest, a principal authority shall have regard as may be necessary for the purposes of subsection (1) to relevant conditions and needs existing in the administrative areas of the other principal authorities and of the policies and programmes of such authorities relating to such conditions and needs.

(3) Without prejudice to the provisions of subsections (1) and (2) a principal authority shall in the exercise of any function which has, or may have, a material effect on the metropolitan interest, have regard to any report, strategy, assessment, study, recommendation, submission or other written statement of the Dublin or of the Mid East regional authority (established under section 43 of the Act of 1991) which may have a bearing on such interest or of any such joint statement of those regional authorities and an outline of any such statement or joint statement shall be included in the annual report, under section 50 of the Act of 1991, of a principal authority.

(4) The principal authorities shall exchange such information and conduct such consultations with each other as may be necessary for the purposes of subsection (1) and the managers of those authorities shall make, and review from time to time, such organizational, procedural and other arrangements as may be necessary for these purposes and to facilitate compliance with the duties imposed by this section.

(5) Each principal authority shall include in its annual report under section 50 of the Act of 1991 details of the steps taken and the arrangements made in pursuance of this section, and generally of the discharge of the duties imposed by it and their general effectiveness.

(6) Every enactment relating to a function of a local authority shall be construed and have effect subject to the provisions of this section.

(7) A principal authority may hold such joint meetings of members of the authority and other principal authorities or local authorities as may be necessary for the purposes of this section.

Maintenance of branch water pipes.

33. —(1) A principal authority may do any or all of the following, that is to say, provide, lay down, renew or maintain the branch pipe or any particular part of the branch pipe by means of which a supply of water is conveyed from a water main up to the curtilage of any premises being served by such branch pipe.

(2) A principal authority in carrying out any works under this section—

(a) may, where the works consist of renewal or maintenance, require the payment to the authority, by any party who may be held responsible for damage to or disrepair of the branch pipe, of an amount equal to the whole or part of the cost of the work, or obtain the agreement of the owner or other responsible party to such payment,

(b) may, where the works consist of a new connection of any premises to a water main, require the payment to the authority by the owner of the premises of an amount equal to the whole or part of the cost of the work or obtain the agreement of the owner to such payment.

(3) In case of default of payment under subsection (2) a principal authority may recover the payment as a simple contract debt in any court of competent jurisdiction.

(4) A charge under subsection (2) may be waived in whole or in part by a principal authority where such charge would in the opinion of the authority be likely to cause hardship.

Transfer of responsibility for supply of water in certain areas.

34. —(1) On and from the establishment day Dun Laoghaire-Rathdown County Council shall become and be responsible for the local water supply network in, and for the supply of water to consumers in, such districts as are designated and referred to as extra-municipal districts by section 10 of the Dublin Corporation Waterworks Act, 1861 and which are situate in its administrative county.

(2) (a) The city manager and the Dun Laoghaire-Rathdown county manager shall jointly make a scheme setting out proposals (including financial arrangements so far as considered appropriate) to provide for the transfer from the Corporation to the said county council of the local water supply network (including land, pipes, equipment and structures and other things and interests and rights associated therewith) in or related to such districts and in relation to the supply of water to the said network.

(b) The preparation of such scheme shall be commenced as soon as may be after the enactment of this Act by the city manager and the area manager so as to ensure that the scheme can be made as soon as possible thereafter and in any event not later than 6 months after the establishment day or such longer period as the Minister may allow.

(c) Such scheme shall be submitted to the Minister, who may having considered it, by regulations make appropriate provisions to give effect to or to facilitate the transfer.

(3) Without prejudice to the generality of subsection (2) (c), such regulations may include provisions—

(a) similar to any of those in the Third Schedule ,

(b) in relation to any matter related to, connected with or arising by reason of the transfer, and

(c) to adapt with appropriate modifications any provision of the Dublin Corporation Waterworks Act, 1861, the Local Government (Sanitary Services) Acts, 1878 to 1964 and any other enactment relating to the supply of water.

(4) Pending the coming into effect of a transfer pursuant to subsection (2) the Corporation shall continue to supply water to the said network and to maintain it on behalf of the said county council.

(5) For the avoidance of doubt it is hereby declared that the local water supply network (including land, pipes, equipment and structures and other things and rights associated therewith) in such districts of the county of South Dublin as are designated and referred to as extra municipal districts by section 10 of the Dublin Corporation Waterworks Act, 1861, and for which prior to the establishment day the county council had operational responsibility shall on that day vest in and become the responsibility of South Dublin County Council.

Rationalisation of responsibilities for certain dwellings and land.

35. —(1) The provisions of this section and Part I of the Third Schedule shall have effect in relation to transfers of dwellings, land, interests and other matters to which that Part applies between principal authorities.

(2) The provisions of this section and Part II of the Third Schedule shall have effect in relation to transfers of land to which that Part applies from Dublin Corporation to the other principal authorities.

(3) The Minister may by regulations make such provision as appears to be necessary or expedient for the purposes of, or to give full effect to or to facilitate—

(a) transfers of dwellings, buildings, land, works, services, interests, officers and employees or any other things pursuant to, or arising from a scheme under the Third Schedule ,

(b) the making and implementation of transitional arrangements in relation to such transfers,

(c) such specified arrangements in relation to the performance of any function by a principal authority under the Housing Acts, 1966 to 1992 (including the provision of dwellings by an authority for letting to persons designated by another authority) as are in the opinion of the Minister appropriate arising from or as a consequence of this section and the Third Schedule or of any other provision of this Act,

(d) the co-ordination of housing services by the principal authorities, the general operation of this section and the Third Schedule (including specified conditions as to the preparation and operation of a scheme under that Schedule) and provisions in respect of any matter or thing which arises by virtue of or is affected by such co-ordination or operation or to remove any difficulty in that regard.

Termination of bridge demand.

36. —(1) This section applies to bridges and quay walls in respect of which Dublin Corporation and the county council were liable to make payments to the Dublin Port and Docks Board on foot of demands furnished by that Board under the Dublin Port and Docks (Bridges) Act, 1929 , in this section referred to as “the Act of 1929”.

(2) On the commencement of this section and notwithstanding the provisions of the Act of 1929—

(a) Dublin Corporation shall become and be responsible for the maintenance of the said bridges and quay walls;

(b) expenses arising pursuant to paragraph (a) shall be defrayed by Dublin Corporation out of the municipal fund of the city of Dublin;

(c) all liabilities for payments to the Dublin Port and Docks Board by Dublin Corporation and the county council in relation to the said bridges and quay walls shall cease;

(d) the provisions of the Act of 1929 relating to the bridge rate and the bridge rate area shall cease to have effect.

Amendment of section 63 of Local Government (Dublin) Act, 1930.

37. Section 63 of the Local Government (Dublin) Act, 1930 is hereby amended by the insertion after subsection (3) of that section of the following subsection:

“(3A) For the purposes of the application by subsection (3) of this section of the law relating to the collection and recovery of rates, a reference in section 152 of the Grand Jury (Ireland) Act, 1836, as incorporated by section 73 of the Poor Relief (Ireland) Act, 1838, to a notice subscribed with the name and abode of the collector shall mean and be deemed always to have meant the name and office or place of residence (including the dwelling house) of the collector; and reference to the money demanded being paid to the collector at his house or office shall be satisfied if the said money be paid at such place as is specified in the notice in that behalf.”.

Transfer of certain staff of Dun Laoghaire-Rathdown County Council to Dublin Corporation.

38. —(1) Where an agreement is made under the provisions of section 59 of the Local Government Act, 1955 between Dublin Corporation (in this section “the corporation”) and Dun Laoghaire-Rathdown County Council (in this section “the county council”) in relation to the performance by the corporation on behalf of the county council of its fire authority functions then, notwithstanding the provisions of section 17 , the Dun Laoghaire-Rathdown County Manager and the Dublin City Manager may jointly designate by order for transfer to the service of the corporation officers and employees of the county council whose principal duties relate to functions which are the subject of such agreement.

(2) The managers may not designate an officer or employee under subsection (1) without having given written notification to the officer or employee concerned of the intention to do so and considered any representations made in relation to the matter within such time as may be specified in the notification.

(3) Every officer of the county council who is the subject of a designation under subsection (1) shall, on the coming into operation of the agreement referred to in subsection (1), transfer to and become an officer of the corporation. Every office held by such an officer shall be deemed to become an office under the corporation.

(4) Every employee of the county council, not being an officer of such county council, who is the subject of a designation under subsection (1) shall, on the coming into operation of the agreement referred to in subsection (1), transfer to and become an employee of the corporation.

(5) Every contract of service express or implied which is in force immediately before the coming into operation of such an agreement between the county council and any person to whom subsection (4) applies shall continue in force on and after the coming into operation of the aforementioned agreement but shall be construed and have effect as if the corporation was substituted therein for the county council and every such contract shall be enforceable by or against the corporation accordingly.

(6) The provisions of the Second Schedule relating to contracts shall not apply to a contract of service to which subsection (5) applies.

(7) For the purposes of the enactments relating to superannuation, the office of an officer who, on the coming into operation of the aforementioned agreement, was an officer of the county council shall be deemed not to have been abolished.

(8) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, an officer or employee who is transferred pursuant to this section to the corporation shall not, while in the service of the corporation receive a lesser scale of pay or be brought to less beneficial conditions of service than the scale of pay to which the officer or employee was entitled and the conditions of service to which the officer or employee was subject immediately before the coming into operation of the aforementioned agreement.

Regulations in relation to the borough area.

39. —(1) In this section “the appropriate Minister” means the Minister of the Government who is the responsible Minister in respect of a particular enactment.

(2) (a) The appropriate Minister may in relation to any provision of any enactment in force in or in relation to the borough immediately prior to the establishment day by regulations provide for—

(i) its continuation in effect in the borough area with such modifications and adaptations as may be considered appropriate, for such period as may be specified,

(ii) its application with such modifications and adaptations as may be considered appropriate to any or all or part or parts of the counties of South Dublin, Fingal and Dun Laoghaire-Rathdown, and

(b) in the case of any provision of any enactment not in force in or in relation to the borough immediately prior to the establishment day and which by virtue of section 9 (2) will apply in or in relation to the county of Dun Laoghaire-Rathdown (including the borough area) the appropriate Minister may in relation to such provision by regulations provide for—

(i) its application to the borough area with such modifications or adaptations as may be considered appropriate,

(ii) its non-application to the borough area for such period as may be specified.

(3) Notwithstanding the provisions of section 21 , the Minister for Education may make regulations under subsection (2) (a) (ii) in respect of the School Attendance Acts, 1926 to 1967 and such regulations may make such arrangements as may be considered necessary for that purpose including alteration of the arrangements made by the said section 21 .

(4) No regulations may be made under this section after the expiration of two years from the establishment day.

Agreed boundary adjustments.

40. —(1) If not later than two years after the establishment day a proposal for the alteration of the boundary between the administrative areas of any two of the principal authorities is agreed by those authorities and submitted to the Minister, the Minister may by regulation alter such boundary.

(2) Regulations under this section may include provisions to the same effect or similar to any provision of the Local Government Acts, 1925 to 1993 in respect of the alteration of boundaries or of any particular boundary or which may be included in any order or regulation under those Acts in relation to such alteration.

(3) Nothing in this section shall be construed as restricting the operation of the provisions of any other enactment in relation to the alteration of boundaries.

(4) An agreement under subsection (1) shall be a reserved function for the purposes of the County Management Acts, 1940 to 1993 and where appropriate, for the purposes of the Local Government (Dublin) Acts, 1930 to 1993.