Act 1991 (Regional Assemblies) (Establishment) Order 2014. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced
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to such dissolved regional assembly for all the estate, term or interest for which the same, immediately before its dissolution, was vested in or belonged to or was held in trust for such dissolved regional assembly but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.
(2)Any asset transferred by paragraph
(1)which, immediately before the 2015 establishment day, was standing in the books of any bank or was registered on the books of any bank, corporation, or company in the name of a dissolved regional assembly shall, upon the request of the relevant successor
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to which such asset was transferred, at any time on or after the 2015 establishment day, be transferred in such books by such bank, corporation or company into the name of the successor regional assembly.
(3)On and from the 2015 establishment day, every chose-in-action transferred in accordance with the provisions of paragraph
(1)may be sued upon, recovered or enforced by the relevant successor
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to which it was transferred in its own name, and it shall not be necessary for that assembly to give notice to the person bound by such chose-in-action of the transfer effected by paragraph
(1). Transfer of liabilities
(4)Every debt and other liability (including stock and mortgage debts, and unliquidated liabilities arising from torts or breaches of contract) which immediately before the 2015 establishment day was owing and unpaid or had been incurred and was undischarged by a dissolved regional assembly, shall, on that day, become and be the debt or liability of the relevant successor
Article 62and shall be paid or discharged by and may be recovered from or enforced against the relevant successor regional assembly.
(5)A dissolution under this Order does not invalidate or otherwise affect any payable order or cheque issued by a dissolved regional assembly and which is not presented for payment before the 2015 establishment day or any permission or other authority given by the dissolved regional assembly for the payment of the amount of a paying order, and the relevant successor
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shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the 2015 establishment day. Transfer of staff
(6)Subject to paragraph
(7)every person who, immediately before the 2015 establishment day, was a member of the staff of a dissolved regional assembly shall, on such day, become and be a member of the staff of the relevant successor
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(7)Every person who, immediately before the 2015 establishment day, was a fixed-term employee of a dissolved regional assembly shall, on such day, become and be a fixed-term employee of the relevant successor
Article 62for the duration of his or her contract of employment.
(8)Nothing in paragraphs
(6)and
(7)shall be read as affecting the provisions of the Public Service Management (Recruitment and Appointments) Act 2004 (No. 33 of 2004), as amended by the Public Service Management (Recruitment and Appointments) (Amendment) Act 2013 (No. 47 of 2013) that relate to the redeployment of staff of a dissolved regional assembly.
(9)(a) Except in accordance with a collective agreement negotiated with a recognised trade union or staff association concerned, a person referred to in paragraph
(6)shall not, on the 2015 establishment day, be brought to less beneficial terms and conditions of service (including those relating to tenure of office) or of remuneration than the terms and conditions of service (including those relating to tenure of office) or of remuneration to which he or she was subject immediately before such day, and (b) The preceding reference to terms and conditions of remuneration does not include conditions in relation to superannuation.
(10)In relation to a person referred to in paragraph
(6), previous service with the dissolved regional assembly from which the person was transferred shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following: (
- a)the Redundancy Payments Acts 1996 to 2011; (
- b)the Protection of Employees (Part-Time Work) Act 2001 (No. 45 of 2001); (
- c)the Protection of Employees (Fixed-Term Work) Act 2003 (No. 29 of 2003); (
- d)the Organisation of Working Time Act 1997 (No. 20 of 1997); (
- e)the Terms of Employment (Information) Acts 1994 to 2012; (
- f)the Minimum Notice and Terms of Employment Acts 1973 to 2005; (
- g)the Unfair Dismissals Acts 1977 to 2007; (
- h)the Maternity Protection Acts 1994 to 2004; (
- i)the Parental Leave Acts 1998 and 2006; (
- j)the Adoptive Leave Acts 1995 and 2005; (
- k)the Carer’s Leave Act 2001 (No. 19 of 2001).
(11)Any superannuation benefits awarded to or in respect of a person transferred in accordance with paragraph
(6), and the terms and conditions relating to those benefits, shall be no less favourable than those applicable to or in respect of the person immediately before the coming into operation of this Order. Preservation of continuing contracts
(12)Every bond, guarantee or other security of a continuing character made or given by a dissolved regional assembly to another person or by any person to any dissolved regional assembly and in force immediately before the 2015 establishment day and every contract or agreement in writing made between any dissolved regional assembly and another person and not fully executed and completed before the 2015 establishment day shall, notwithstanding the dissolution of the regional assembly concerned, continue in force on and after the 2015 establishment day but shall be construed and have effect as if the name of the relevant successor
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to the dissolved regional assembly were substituted therein for the name of that dissolved regional assembly, and such security, contract or agreement shall be enforceable by or against the successor regional assembly accordingly. Saving for certain acts and resolutions
(13)All acts duly done and decisions duly made before the 2015 establishment day by or on behalf of a dissolved regional assembly shall, subject to the Act of 1991 and this Order, continue to have all such force and effect as they had immediately before that day.
(14)All acts duly done and decisions duly made before the appointed day by or on behalf of a regional authority dissolved by the Local Government Act 1991 (Regional Authorities) (Amendment) Order 2014 ( S.I. No. 228 of 2014 ) shall, subject to the Local Government Reform Act 2014 (No. 1 of 2014) and this Order, continue to have all such force and effect as they had immediately before that day.
(15)Any reference in a document to a dissolved regional assembly or to a dissolved regional authority shall, on and after the 2015 establishment day, be construed as a reference to the relevant successor
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(16)In paragraph
(15)— (a)“a document” includes— (
- i)a written agreement or other instrument in writing or any scheme, plan, statement, policy, determination, declaration, undertaking, made or adopted by or on behalf of, or to be treated as having been made or adopted by or on behalf of, a dissolved regional assembly, (
- ii)any direction given, revocation made, or to be treated as having been made, by or to a dissolved regional assembly, (iii) any lease, licence, way-leave, permit, certificate, permission, consent, approval, authorisation, exemption, relaxation, acknowledgement or dispensation, whether (where appropriate) relating to land or otherwise granted or given, or to be treated as having been granted or given, by or to a dissolved regional assembly, (
- iv)any application, proposal or objection made, or to be treated as having been made, by or to a dissolved regional assembly, and (
- v)any condition or requirement imposed, or to be treated as having been imposed, or any notice served or to be treated as having been served, by or on a dissolved regional assembly. (b)“relevant successor regional assembly” with respect to a dissolved regional authority means a regional assembly specified in column
(2)of Schedule 4 opposite the mention in column
(1)of Schedule 4 of the dissolved regional assembly which was the successor to that dissolved regional authority under the Local Government Act 1991 (Regional Authorities) (Amendment) Order 2014 ( S.I. No. 228 of 2014 ). Documents of dissolved regional assemblies
(17)(a) All books and other documents directed or authorised by or under any statute or statutory instrument or contract to be kept by a dissolved regional assembly shall be kept by the relevant successor
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. (b) All such books and other documents which, immediately before the 2015 establishment day, would be receivable in evidence shall, notwithstanding the dissolution of a regional assembly be admitted in evidence after the 2015 establishment day as fully as if the regional assembly had not been dissolved. Continuance of pending legal proceedings
(18)In any action, suit, prosecution or other legal proceeding which was pending immediately before the 2015 establishment day in any court or tribunal and to which a dissolved regional assembly was a party, the relevant successor
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to that dissolved regional assembly shall on the 2015 establishment day become and be a party in the place of the dissolved regional assembly and that successor regional assembly shall, accordingly, be substituted for such dissolved regional assembly and every such proceeding shall be continued between that successor regional assembly and the other parties to those proceedings, and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of the dissolved regional assembly. Money due
(19)(a) Without prejudice to subparagraph (b), all money which immediately before the 2015 establishment day is due and payable to a dissolved regional assembly shall on and after that day become due and payable to the relevant successor
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and any such money may be collected and recovered by or on behalf of that successor regional assembly in like manner as they could be collected or recovered by or on behalf of the dissolved regional assembly if this Order had not come into operation. (b) All money which immediately before the 2015 establishment day is accruing due to a dissolved regional assembly shall on and after that day accrue and be deemed always to have accrued due to the relevant successor
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, and where any such money becomes due and payable the same shall be due and payable to and may be collected and recovered by or on behalf of such successor regional assembly in like manner as it could have been collected or recovered by or on behalf of the dissolved regional assembly if this Order had not come into operation. Revocation of Orders 64. The following Orders are revoked— (
- a)Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999 ( S.I. No. 226 of 1999 ), (
- b)Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999, (Amendment) Order 2000 ( S.I. No. 230 of 2000 ), (
- c)Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999, (Amendment) Order 2006 ( S.I. No. 690 of 2006 ), (
- d)Local Government Act 1991 (Regional Authorities) (Amendment) Order 2014 ( S.I. No. 228 of 2014 ). SCHEDULE 1 Title, Constitution, Members and Headquarters of Regional Assembly Articles 4 and 5 Name of Region
(1)Area Constituting Region
(2)Title of Regional Assembly
(3)Number of Members of Regional Assembly
(4)Headquarters
(5)The Northern and Western Region The administrative area of the county councils of Cavan, Donegal, Leitrim, Galway, Mayo, Monaghan, Roscommon and Sligo and the city council of Galway. The Northern and Western Regional Assembly 21 Ballaghaderreen, Co. Roscommon The Southern Region The administrative area of the county councils of Carlow, Clare, Cork, Kerry, Kilkenny, Tipperary and Wexford, the city council of Cork, and the city and county councils of Limerick and Waterford. The Southern Regional Assembly 27 Waterford City The Eastern and Midland Region The administrative area of the county councils of Dun Laoghaire-Rathdown, Fingal, Kildare, Laois, Longford, Louth, Meath, Offaly, South Dublin, Westmeath and Wicklow and the city council of Dublin. The Eastern and Midland Regional Assembly 35 Dublin City SCHEDULE 2 Method of Election of Cathaoirleach and Leas-Chathaoirleach of Regional Assembly Article 16 The following provisions shall apply and have effect in respect of the election of a Cathaoirleach and Leas-Chathaoirleach of a regional assembly— (
- a)the proceedings shall begin by a member or members of the assembly being proposed and seconded by other members of the assembly, and every person so proposed and seconded, and no other person, shall be a candidate; (
- b)where there is only one candidate, such candidate shall be deemed to be elected; (
- c)where there are more than two candidates, a poll shall be taken; (
- d)if at such poll a majority of the members of the assembly present vote for any particular candidate, such candidate shall be elected; (
- e)if at such poll no candidate received the votes of a majority of the members of the assembly present, the candidate receiving the least number of votes shall be excluded from the election and, subject to the provisions of subparagraph (g), one or more further polls (according as may be necessary) shall be taken; (
- f)subparagraphs (
- d)and (
- e)shall apply in relation to such further poll or polls; (
- g)where there are only two candidates or where, as a result of one or more polls, all the candidates except two have been eliminated, the question as to which of such candidates shall be elected shall be put to the members of the assembly present and whichever of such candidates receives the greater number of votes on such question shall be elected; (
- h)if because of an equality of votes given to two or more candidates any question arises as to which of such candidates is to be eliminated or as to which of such candidates is to be elected, such question shall be decided by lot; (
- i)in deciding any such question by lot, the names of the candidates concerned shall be written on similar slips of paper, the slips shall be folded so as to prevent identification and mixed and drawn at random, and the candidate whose name is first drawn shall, where the question concerns an elimination, be the candidate who is to be eliminated or, where the question concerns an election, be the candidate who is to be elected. SCHEDULE 3 Strategic Planning Areas Article 42 Title of Regional Assembly
(1)Strategic Planning Area Committees
(2)Constituent local authorities
(3)The Northern and Western Regional Assembly Border The councils of the counties of Cavan, Donegal, Leitrim, Louth, Sligo and Monaghan. West The councils of the counties of Galway, Mayo, Roscommon and the city of Galway. The Southern Region Mid-West The councils of the counties of Clare and Tipperary and the city and county of Limerick. South-West The councils of the counties of Cork and Kerry and the city of Cork. South-East The councils of the counties of Carlow, Kilkenny, Tipperary and Wexford and the city and county of Waterford. The Eastern and Midland Region Dublin The councils of the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin, and the city of Dublin. Eastern The councils of the counties of Kildare, Louth, Meath and Wicklow. Midland The councils of the counties of Laois, Longford, Offaly and Westmeath. SCHEDULE 4 Dissolved and Successor Regional Assemblies Article 62 Dissolved Regional Assembly
(1)Successor Regional Assembly
(2)The Border, Midland and Western Regional Assembly. Where paragraph
(1)of Article 62 applies: The Northern and Western Regional AssemblyWhere paragraphs
(2)and
(3)of Article 62 apply: The Eastern and Midland Regional Assembly The Southern and Eastern Regional Assembly. Where paragraph
(1)of Article 62 applies: The Southern Regional AssemblyWhere paragraphs
(2)and
(3)of Article 62 apply: The Eastern and Midland Regional Assembly GIVEN under the Official Seal of the Minister for the Environment, Community and Local Government 15 December
- ALAN KELLY, Minister for the Environment, Community and Local Government. The Minister for Public Expenditure and Reform hereby consents to the foregoing Order. GIVEN under the Official Seal of the Minister for Public Expenditure and Reform 16 December
- BRENDAN HOWLIN, Minister for Public Expenditure and Reform. EXPLANATORY NOTE. (This note is not part of the Instrument and does not purport to be a legal interpretation.) This Order provides for the establishment of 3 regional assemblies with a broad range of functions including in relation to assistance from the EU, functions under the Planning and Development Act 2000 (No. 30 of 2000) and in relation to the National Oversight and Audit Commission. The Order provides for the constitution, membership, meeting procedures, administration, finance, staffing and other matters relating to the operation of the new assemblies. It also provides for the dissolution of the Southern and Eastern and Border, Midland and Western Regional Assemblies, established by the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999 ( S.I. No. 226 of 1999 ), and the appointment of the 3 new regional assemblies as their successors. The Order makes a number of provisions to facilitate the transfer of staff, assets, and liabilities to the successor assemblies as well as addressing other matters related to the dissolution of the regional assemblies. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais