County Management Act, 1940

County Management Act, 1940 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1940 County Management Act, 1940 County Management Act, 1940 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 12 of 1940. COUNTY MANAGEMENT ACT, 1940. ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Commencement. 3. The office of county manager. 4. Appointment of county managers. 5. Tenure of office of county manager. 6. Suspension and removal of county manager. 7. Managers for elective bodies. 8. Managers for joint bodies. 9. Power of Minister to provide for assistant county managers. 10. Dublin Assistant City Managers. 11. The offices of assistant county manager and of Dublin Assistant City Manager. 12. First appointments of certain assistant managers. 13. Delegation by county manager to assistant county manager. 14. Payments by Dublin County Council to Dublin Corporation. 15. Deputy county managers. 16. Reserved functions. 17. Executive functions. 18. Committees of county councils and elective bodies. 19. Acting of county manager by signed order. 20. Control, etc., of officers and servants of a county council or an elective body. 21. Authorisation of payments. 22. Estimate of expenses of a county council. 23. Estimate of expenses of an elective body. 24. Estimates meetings. 25. Limitation on expenditure. 26. Preparation of plans, etc. 27. Furnishing of information to county councils and elective bodies. 28. Reception and examination of tenders. 29. Requisition of a county council or an elective body that a particular thing be done. 30. Attendance, etc., of county manager at meetings of county council and of elective bodies. 31. Advisory functions of county manager. 32. Legal proceedings. 33. Transfer of functions from the councils to the corporations of boroughs. 34. District mental hospitals. 35. Appointment by county councils and elective bodies of members of certain public bodies. 36. Dissolution of boards of health. 37. Adaptation of enactments relating to county councils. 38. Adaptation of enactments relating to elective bodies. 39. Expenses. 40. Partial repeal of the Local Government (Dublin) Act, 1930. 41. Short title. FIRST SCHEDULE. Grouping of Certain Counties. SECOND SCHEDULE. Matters in respect of which the Powers, Functions, and Duties are Reserved Functions. THIRD SCHEDULE. Provisions Consequential on the Dissolution of Boards of Health. Acts Referred to Local Authorities (Officers and Employees) Act, 1926 No. 39 of 1926 Local Government (Dublin) Act, 1930 No. 27 of 1930 Local Government Act, 1925 No. 5 of 1925 Local Elections Act, 1927 No. 39 of 1927 Vocational Education Act, 1930 No. 29 of 1930 Agriculture Act, 1931 No. 8 of 1931 Public Assistance Act, 1939 No. 27 of 1939 Town and Regional Planning Act, 1934 No. 22 of 1934 Local Authorities (Miscellaneous Provisions) Act, 1936 No. 55 of 1936 Housing (Miscellaneous Provisions) Act, 1931 No. 50 of 1931 Number 12 of 1940. COUNTY MANAGEMENT ACT, 1940. AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE LOCAL GOVERNMENT OF COUNTIES AND CERTAIN OTHER AREAS AND FOR THE ADMINISTRATION AND MANAGEMENT OF THE BUSINESS OF COUNTY COUNCILS AND OF CERTAIN OTHER LOCAL AUTHORITIES AND TO PROVIDE FOR DIVERS MATTERS CONNECTED WITH THE MATTERS AFORESAID. [13th June, 1940.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Definitions. 1.—(1) In this Act— the expression “the Minister” means the Minister for Local Government and Public Health; the word “borough” does not include a county borough; the word “rate” does not include a rate payable by consumers for a supply of water or a private improvement rate levied by a sanitary authority under section 229 of the Public Health (Ireland) Act, 1878 , or under section 4 of the Public Health (Ireland) Act, 1896 ; the word “superannuation” includes compensation for loss of office or employment; the expression “the Corporation of Dublin” means the Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin. (2) Each of the following bodies shall be a joint body within the meaning and for the purposes of this Act, and the expression “joint body” shall in this Act be construed and have effect accordingly, that is to say:— (a) a board of public assistance, (b) a joint committee of management of a district mental hospital, (c) the Dublin Board of Assistance, (d) a port sanitary authority, (e) any joint board or committee established by or under a statute to execute functions belonging to two or more of the following bodies, that is to say, councils of counties, corporations of county boroughs, corporations of boroughs, and urban district councils. (3) Each of the following bodies shall be an elective body within the meaning and for the purposes of this Act, and the expression “elective body” shall in this Act be construed and have effect accordingly, that is to say, the corporation of a borough, an urban district council, the commissioners of a town, the Rathdown Board of Assistance, the Balrothery Board of Assistance, and a board, committee, or other body which is a joint body within the meaning and for the purposes of this Act. Commencement. 2.—This Act shall come into operation on such day as the Minister shall by order fix for that purpose. The office of county manager. 3.—(1) There shall be in every county a county manager for such county who shall be called and known as the_____________County Manager (with the name of the county prefixed). (2) The several counties (in this Act referred to as grouped counties) mentioned in the First Schedule to this Act shall, for the purposes of this Act, be grouped in the manner set forth in that Schedule and, in the case of each such group, one and the same person shall be the county manager for each of the counties included in such group. (3) The office of the Dublin City Manager and the office of Dublin County Manager shall always be held by one and the same person. (4) The county manager for a county shall be an officer of the council of that county. Appointment of county managers. 4.—(1) The office of county manager shall be an office to which the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), applies, save that section 5 of the said Act shall not apply to the said office and that sections 6, 8, and 9 of the said Act shall apply to the said office subject to the subsequent provisions of this section. (2) Whenever an appointment is required to be made to the office of county manager for a county or to the offices of county manager for each of two grouped counties, the Minister shall request the Local Appointments Commissioners to recommend to him a person for appointment to such office or offices and those Commissioners shall select (otherwise than by competitive examination) and recommend to the Minister under the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), one and only one person for such appointment, and thereupon the person so selected and recommended shall become and be appointed by virtue of such recommendation to such office or each of such offices as on and from such day as the Minister shall by order appoint in that behalf. (3) In relation to the appointment of the first county manager for a county or for each of two grouped counties, the following provisions shall, in so far as they are applicable, apply and have effect in regard to the selection by the Local Appointments Commissioners of a person to be recommended by them for such appointment, that is to say:— (a) in the case of the first county manager for a single county, if the county secretary of such county is a candidate and suitable, the said Commissioners shall recommend such county secretary, and, in the case of the first county manager for each of two grouped counties, if the county secretaries for each of those counties are both of them candidates and suitable, the said Commissioners shall recommend whichever of those county secretaries they consider to be the more suitable, but if one and only one of such county secretaries is a candidate and suitable, the said Commissioners shall recommend that one county secretary; (b) if no person is recommended in pursuance of the foregoing paragraph of this sub-section and the secretary of a board of health for a county health district in the county or either of the grouped counties (as the case may be) is a candidate and suitable, the said Commissioners shall, if only one such secretary is a candidate and suitable, recommend that one such secretary or, if two or more such secretaries are candidates and suitable, recommend whichever of those secretaries they consider to be the most suitable; (c) if no person is recommended in pursuance of either of the foregoing paragraphs of this sub-section and a county secretary (other than the county secretary for the county, or either of the grouped counties, in respect of which the recommendation is being made) is a candidate and suitable, the said Commissioners shall, if only one such county secretary is a candidate and suitable, recommend that one such county secretary or, if two or more such county secretaries are candidates and suitable, recommend whichever of those county secretaries they consider to be the most suitable; (d) if no person is recommended in pursuance of any of the foregoing paragraphs of this sub-section and the secretary of a board of health (other than the secretary of a board of health for a county health district in the county or either of the counties in respect of which the recommendation is being made) is a candidate and suitable, the said Commissioners shall, if only one such secretary is a candidate and suitable, recommend that one such secretary or, if two or more such secretaries are candidates and suitable, recommend whichever of those secretaries they consider to be the most suitable. In this sub-section, the word “suitable” means possessing the requisite qualifications for appointment to the relevant office and being, in the opinion of the Local Appointments Commissioners, suitable in all other respects for such appointment; the expression “county secretary” does not include a temporary county secretary; the expression “secretary of a board of health” does not include a temporary secretary of a board of health. (4) Where a person has presented himself to the Local Appointments Commissioners as a candidate for selection for recommendation for appointment to be the first county manager for a county or each of two grouped counties and has been charged under section 10 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), and has paid a fee on so presenting himself, such person shall not be charged any fee under the said section on presenting himself to the said Commissioners as a can didate for selection for recommendation for appointment to be the first county manager for any other county or two grouped counties. (5) Before or as soon as may be after the commencement of this Act, the Minister shall, in respect of every county appoint a person to be the county manager for such county or, in the case of grouped counties, for each of such grouped counties from such commencement until a person has been appointed under the foregoing provisions of this section to be the first county manager for such county or each of such grouped counties, as the case may be. (6) Whenever the office of a county manager for a county (including the county of Dublin) or for each of two grouped counties is vacant after the first appointment to such office under this section, the Minister shall appoint a person to be county manager for such county or each of such grouped counties (as the case may be) until an appointment to such office is made under the foregoing pro visions of this section or, in the case of the county of Dublin, under the next following sub-section of this section. (7) Save as is otherwise expressly hereinbefore stated, the foregoing provisions of this section shall not apply or have effect in relation to the county of Dublin and, in lieu thereof it is hereby enacted that— (a) unless at the commencement of this Act the office of Dublin City Manager is vacant or is held only by a temporary appointee, the person who at such commencement holds that office shall by virtue of this sub-section be and is hereby appointed to the office of Dublin County Manager, and (b) every person who is duly appointed (whether permanently or temporarily) to the office of Dublin City Manager after the commencement of this Act shall forthwith be appointed (permanently or temporarily, as the case may require) by the Minister to the office of Dublin County Manager. Tenure of office of county manager. 5.—(1) Every person appointed to be the county manager for a county shall hold office until he dies, resigns, or is removed from office. (2) Every county manager for a county (other than the county of Dublin) shall be paid by the council of that county such remuneration as the Minister shall from time to time direct, and the moneys required for the payment of such remuneration shall be raised by such council as a county-at-large charge. (3) Where the county manager for a county (other than the county of Dublin) or the city manager of a county borough (other than the county borough of Dublin) is also the manager for a joint body, such joint body shall pay annually to the council of such county or the corporation of such county borough (as the case may be) such sum in respect of expenses incurred by such council in respect of such county manager or by such corporation in respect of such city manager as the Minister shall direct. (4) The payments to be made by a joint body to the council of a county or the corporation of a county borough in pursuance of the next preceding sub-section of this section shall be raised and defrayed by such joint body in the like manner as the salaries of the officers of such joint body are raised and defrayed. Suspension and removal of county manager. 6.—(1) The county manager for a county shall not be removed by the council of that county without the sanction of the Minister. (2) The county manager for a county shall not be suspended or removed by the council of that county save by a resolution passed by such council for the purpose of such suspension or such removal and for the passing of which not less than two-thirds of the members of such council voted and of the intention to propose which not less than seven days' notice was given to every person who was a member of such council when such notice was given. Managers for elective bodies. 7.—The county manager for a county shall, by virtue of his office, be the manager for every elective body of which the functional area is wholly within such county. Managers for joint bodies, 8.—(1) Where the functional area of a joint body extends into two or more counties, the county manager for that one of those counties which the Minister shall by order appoint shall be also the manager for such joint body. (2) The next preceding sub-section of this section shall apply and have effect where the functional area of a joint body extends into a county borough and a county or into a county borough and two or more counties, and for the purposes of such application such county borough shall be deemed to be a county and the city manager of such county borough shall be deemed to be a county manager. (3) The Minister may, whenever he so thinks proper, revoke an appointment made by him under this section (including an appointment made under this sub-section) and make a new appointment in lieu of the appointment so revoked. Power of Minister to provide for assistant county managers. 9.—(1) There shall be two assistant county managers for the county of Dublin. (2) There shall be two assistant county managers for the county of Cork. (3) There shall be an assistant county manager for the county of Tipperary, North Riding, and an assistant county manager for the county of Tipperary, South Riding, but one and the same person shall be the assistant county manager for each of those counties. (4) The Minister may by order, whenever he so thinks proper, do all or any of the following things, that is to say:— (a) direct in respect of a particular county (other than a county mentioned in any of the preceding sub-sections of this section) that there shall be, for such county, an assistant county manager, or a specified number of assistant county managers, in addition to the county manager; (b) in the case of grouped counties (other than the counties of Tipperary, North Riding, and Tipperary, South Riding), give such direction as is mentioned in the next preceding paragraph of this sub-section either, as he shall think proper, in respect of one only of such counties or in respect of both such counties and in the latter case, if he so thinks proper, direct that the same person or persons shall be the assistant county manager or assistant county managers for each of such counties; (c) increase the number of assistant county managers for a county mentioned in any of the preceding sub-sections of this section and, in the case of the counties of Tipperary, North Riding, and Tipperary, South Riding, make such increase either, as he thinks proper, in respect of one only of those counties or in respect of both of those counties and, in the latter case, either with or without the requirement that the same person or persons shall be the additional assistant county manager or assistant county managers for each of those counties. (5) The Minister may by order, whenever he so thinks proper, amend any order made by him under the next preceding sub-section of this section or any order (made by him under this sub-section) amending any such order, and, in particular, may by any such amending order increase or reduce the number of assistant county managers in any particular county, but not so as to reduce the number of assistant county managers for any of the counties of Dublin, Cork, Tipperary, North Riding, or Tipperary, South Riding, below the number fixed by this section. (6) The Minister may by order, whenever he so thinks proper, revoke any order made by him under this section. (7) Whenever and so long as there is in force an order made by the Minister under this section directing that there shall be an assistant county manager or a number of assistant county managers for a particular county, there shall be, for such county, an assistant county manager or a number of assistant county managers, as may be directed by such order or an order amending such order. (8) Whenever and so long as there is in force an order made by the Minister under this section increasing the number of assistant county managers for any of the counties of Dublin, Cork, Tipperary, North Riding, or Tipperary, South Riding, the number of assistant county managers for such county shall be increased in accordance with such order or an order amending such order. (9) The assistant county manager or each of the assistant county managers (as the case may be) for a county shall be called and known as                      Assistant County Manager (with the name of the said county prefixed). (10) Before making an order under this section in respect of a county, the Minister shall consult with the council of such county. Dublin Assistant City Managers. 10.—(1) There shall be two assistant city managers for the county borough of Dublin each of whom shall be called and known as Dublin Assistant City Manager. (2) Every office of Dublin Assistant County Manager shall always be held by the same person as holds the corresponding office of Dublin Assistant City Manager. (3) The following provisions shall have effect in relation to the number of Dublin Assistant City Managers, that is to say:— (a) the Minister may by order, whenever he so thinks fit, increase the number of Dublin Assistant City Managers; (b) the Minister may by order, whenever he so thinks proper, amend any order made by him under the foregoing paragraph of this sub-section or under this paragraph; (c) the Minister may by order, whenever he so thinks proper, revoke any order made by him under this section; (d) whenever and so long as there is in force an order made by the Minister under this section increasing the number of Dublin Assistant City Managers, the number of Dublin Assistant City Managers shall be increased in accordance with such order or an order amending such order; (e) it shall be obligatory on the Minister so to exercise the powers conferred on him by this section and the powers conferred on him by this Act in relation to the number of assistant county managers for the county of Dublin as to secure that the number of Dublin Assistant City Managers shall always be the same as the number of Dublin Assistant County Managers. (4) If, immediately before the commencement of this Act, Timothy O'Mahony holds the office of Dun Laoghaire Borough Manager and Town Clerk, he shall, by virtue of this sub-section, be and he is hereby appointed to be a Dublin Assistant City Manager. (5) In relation to the first appointment to one, but only one, of the offices of Dublin Assistant City Manager (not being the office mentioned in the next preceding sub-section of this section, if the appointment mentioned in that sub-section takes effect) the following provisions, in so far as they are applicable, shall apply and have effect in regard to the selection by the Local Appointments Commissioners of a person to be recommended by them for such appointment, that is to say:— (a) if the county secretary of the county of Dublin is a candidate and suitable, the said Commissioners shall recommend such county secretary; (b) in this sub-section the word “suitable” means possessing the requisite qualifications for the office of Dublin Assistant City Manager and being, in the opinion of the Local Appointments Commissioners, suitable in all other respects for such appointment, and the expression “county secretary” does not include a temporary county secretary. (6) Subject to the foregoing provisions of this section, the office of Dublin Assistant City Manager shall be an office to which the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), applies. The offices of assistant county manager and of Dublin Assistant City Manager. 11.—(1) Every assistant county manager for a county shall be an officer of the council of that county and each of the Dublin Assistant City Managers shall be an officer of the Corporation of Dublin. (2) Every office of assistant county manager shall be an office to which the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), applies. (3) Every assistant county manager for a county (other than the county of Dublin) shall be paid by the council of that county such remuneration as the Minister shall from time to time direct, and the moneys required for the payment of such remuneration shall be raised by the said council as a county-at-large charge. (4) Before or as soon as may be after the commencement of this Act, the Minister may appoint a person to hold any office of assistant county manager created by this Act or either office of Dublin Assistant City Manager (not being an office to which an appointment is made by this Act) until a person has been appointed to that office in accordance with the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926). First appointments of certain assistant managers. 12.—(1) This section applies to the following offices and to no other offices, that is to say:— (a) the two offices of Dublin Assistant County Manager created by this Act, and (b) the two offices of assistant county manager for the county of Cork created by this Act, and (c) the office of assistant county manager for the county of Tipperary, North Riding, created by this Act, and (d) the office of assistant county manager for the county of Tipperary, South Riding, created by this Act, and (e) the two offices of Dublin Assistant City Manager created by this Act. (2) In this section the expression “first appointment” means the first permanent appointment and shall not be construed as referring to a temporary appointment made by the Minister pending such permanent appointment. (3) Notwithstanding anything contained in any other section of this Act, the following provisions shall apply and have effect in relation to the first appointment to any office to which this section applies, that is to say:— (a) section 5 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), shall not apply or have effect in relation to the first appointment to such office and sections 6, 8 and 9 of that Act shall have effect in relation to such first appointment subject to the provisions of the next following paragraph of this sub-section; (b) the Minister shall request the Local Appointments Commissioners to recommend to him a person for the first appointment to such office and those commissioners shall select (otherwise than by competitive examination) and recommend to the Minister under the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), one and only one person for such first appointment, and thereupon the person so selected and recommended shall become and be appointed by virtue of such recommendation as on and from such day as the Minister shall by order appoint in that behalf; (c) in carrying out the duties imposed on them by the next preceding paragraph of this sub-section, the Local Appointments Commissioners shall have regard to the provisions (where relevant) of this Act giving priority of recommendation to a particular person or requiring two particular offices to be held by one and the same person; (d) nothing in this section shall prejudice or affect the appointment by this Act of a named person to an office to which this section applies if, in the events which happen, such appointment becomes effective. Delegation by county manager to assistant county manager. 13.—(1) The county manager for a county for which there is or are an assistant county manager or two or more assistant county managers may delegate to such assistant county manager or to any of such assistant county managers such of his powers, functions and duties (whether as county manager for such county or as manager for an elective body) as he shall think proper. (2) A county manager may revoke a delegation made by him under the foregoing sub-section of this section. (3) The provisions of this Act in relation to the doing by a county manager of acts and things for the council of his county which, if done by such council, would be required by law (other than this Act) to be done by resolution of such council shall apply and have effect in relation to the making or revoking of a delegation under the foregoing provisions of this section. (4) Whenever and so long as any power, function or duty it delegated under this section by a county manager to an assistant county manager, the following provisions shall apply and have effect, that is to say:— (a) such power, function or duty shall be exercised or performed by such assistant county manager in lieu of such county manager; (b) such power, function or duty shall be exercised or performed by such assistant county manager under the general direction and control of such county manager; (c) every provision of this Act or of any order or regulation made under this Act which confers powers or functions or imposes duties on a county manager or on the manager for an elective body or regulates the manner in which any power, function or duty of a county manager or the manager for an elective body is to be exercised or performed shall, if and in so far as it is applicable to the power, function or duty so delegated, apply and have effect in relation to that power, function or duty with the substitution of such assistant county manager for the county manager or the manager for such elective body, as the case may be. (5) The foregoing sub-sections of this section shall apply and have effect in relation to the county borough of Dublin as if the county borough of Dublin were a county and the Dublin City Manager and the Dublin Assistant City Managers were respectively county manager and assistant county managers for that county and as if a reference to section 60 of the Local Government (Dublin) Act, 1930 (No. 27 of 1930), were substituted for the reference to the provisions of this Act in relation to the doing by a county manager of acts and things for the council of his county. Payments by Dublin County Council to Dublin Corporation. 14.—(1) As soon as conveniently may be after the commencement of this Act the remuneration payable to the Dublin City Manager by the Corporation of Dublin shall be reconsidered and shall be fixed, as from such commencement, with due regard to the fact that the holder of the office of Dublin City Manager also holds the office of Dublin County Manager. (2) The remuneration of the Dublin Assistant City Managers shall be fixed with due regard to the fact that each holder of the office of Dublin Assistant City Manager also holds the office of Dublin Assistant County Manager. (3) As soon as may be after the close of every local financial year ending after the commencement of this Act, the council of the county of Dublin shall pay to the Corporation of Dublin such portion of the cost of management (as defined in the next following sub-section of this section) in that local financial year as bears to the full amount of such cost of management the same proportion as the aggregate of the amounts of the valuations of rateable property in the county of Dublin in force under the Valuation Acts in the said local financial year bears to the total of the aggregates of the amounts of the valuations of rateable property in the county borough of Dublin and in the county of Dublin respectively in force as aforesaid. (4) For the purposes of this section, the expression “cost of management” means, in relation to any local financial year, the sum arrived at by ascertaining the total of all remuneration (including travelling and other personal expenses, if any) paid by the Corporation of Dublin in respect of that year or, in the case of the local financial year in which this Act commences, in respect of the portion of that year subsequent to the commencement of this Act to the Dublin City Manager and the Dublin Assistant City Managers respectively and deducting from that total all sums payable in pursuance of this section to the Corporation of Dublin in respect of the said local financial year by any joint body. (5) The council of the county of Dublin shall pay to the Corporation of Dublin such proportion of all superannuation granted after the commencement of this Act to a Dublin City Manager or a Dublin Assistant City Manager as shall be agreed upon between such council and such Corporation or, in default of such agreement, as shall be determined by the Minister. (6) In the fixing, whether by agreement or by the Minister, of the proportion of any superannuation to be paid under the next preceding sub-section of this section by the council of the county of Dublin to the Corporation of Dublin, regard shall be had to the total amounts of the valuations in force under the Valuation Acts of rateable property in the county borough of Dublin and in the county of Dublin respectively and to the period during which the officer receiving such superannuation performed duties in respect of the county of Dublin. (7) Where the Dublin City Manager is also manager for a joint body the functional area of which is partly within and partly outside the area consisting of the county borough of Dublin and the county of Dublin such joint body shall pay annually to the Corporation of Dublin such sum as the Minister shall determine. (8) Where the Dublin County Manager is also manager for a joint body the functional area of which is partly within and partly outside the area consisting of the county borough of Dublin and the county of Dublin, such joint body shall pay annually to the Corporation of Dublin such sum as the Minister shall determine. (9) The moneys required for making the payments which the council of the county of Dublin is required by this section to make to the Corporation of Dublin shall be raised by the said council as a county-at-large charge and shall be in addition to and not in substitution for any payments which the said council may be required under section 47 of the Local Government Act, 1925 (No. 5 of 1925), to make to the Corporation of Dublin. (10) The payments to be made by a joint body to the Corporation of Dublin in pursuance of this section shall be raised and defrayed in the like manner as the salaries of the officers of such joint body are raised and defrayed. Deputy county managers. 15.—(1) If and whenever the county manager is on vacation or is, through illness, absence from his county, or suspension from performance of his duties, temporarily incapable of executing the functions of his office, a deputy county manager may be appointed under this section for the duration of such vacation or incapacity, but may be removed under this section at any time during such vacation or incapacity. (2) Where a county manager is on vacation and also where a county manager is so incapable as aforesaid and such incapacity is due to absence from his county, the power of appointing a deputy county manager may be exercised by such county manager, after consultation with the chairman of the county council, before and in contemplation of such vacation or such incapacity (as the case may be), but in every other case, that is to say, where a county manager is so incapable as aforesaid owing to illness or suspension and also where a county manager is on vacation or is so incapable as aforesaid owing to absence from his county and a deputy county manager is not appointed under this section before such vacation or incapacity or, having been so appointed, is removed under this section or dies or resigns during such vacation or incapacity, the power of appointing a deputy county manager under this section shall be exercisable at any time during such vacation or incapacity only by the chairman of the county council or, in the case of grouped counties, by the chairman of the council of such one of those counties as the Minister shall direct. (3) In every case the power of removing a deputy county manager under this section shall be exercisable only by the Minister or by the chairman of the county council with the consent of the Minister. (4) A deputy county manager shall, during the continuance of the vacation or incapacity on account of which he is appointed or until he is sooner removed under this section or dies or resigns, have all the powers and shall execute and perform all the functions and duties of a county manager, and for that purpose all references in this Act to a county manager (other than the references to a county manager in this section and the references in this Act to the appointment, tenure of office, and removal of a county manager) shall be construed as including a deputy county manager. (5) Whenever a deputy county manager is appointed under this section for each of two grouped counties, one and the same person shall be appointed to be the deputy county manager for each of those counties, and whenever a deputy city manager is appointed for the county borough of Dublin and a deputy county manager is appointed under this section for the county of Dublin, one and the the same person shall be appointed to be such deputy city manager and to be such deputy county manager. (6) Every deputy county manager for a county shall be paid by the council of such county such remuneration (if any) as such council shall, with the approval of the Minister, determine. Reserved functions. 16.—(1) Neither the council of a county nor any elective body shall directly exercise or perform any power, (other than a power which is vested by law (including this Act) in such council or body and is by this Act expressly made exercisable by resolution of such council or body), function, or duty of such council or body in relation to the officers or servants of such council or body, or the control, supervision, service, remuneration, privileges, or superannuation of such officers or servants or any of them. (2) Subject to the provisions of the next preceding sub-section of this section, every council of a county and every elective body shall directly exercise and perform the powers, functions, and duties (if any) of such council or body in relation to each of the several matters mentioned in the Second Schedule to this Act. (3) Save as is otherwise provided by this section, the Minister, whenever he so thinks proper, may by order direct that the powers, functions, and duties of every or of any particular council of a county or of every elective body of a specified class or of any particular elective body in relation to any matter specified in such order (not being a matter mentioned in the Second Schedule to this Act) shall be exercised and performed directly by such council or such body, as the case may be. (4) The Minister, whenever he so thinks proper, may revoke or amend any order made by him under the next preceding sub-section of this section or any order (made under this sub-section) amending any such order. (5) Whenever and so long as an order made by the Minister under this section is in force, the powers, functions, and duties specified in such order shall be exercised directly by the council or councils or the elective body or bodies in respect of which such order is made. (6) No order made by the Minister under this section shall extend or apply to any power, function, or duty to which the first sub-section of this section applies. (7) Every appointment by the council of a county of a rate collector for a rate collection district lawfully established in such county shall be made by such council directly by resolution, but no such appointment shall have effect unless or until approved of by the Minister. (8) Every power, function, or duty of the council of a county or of an elective body which is required by this section to be exercised directly by such council or body shall, for the purposes of this Act, be a reserved function of such council or body, and the expression “reserved function” shall in this Act be construed and have effect accordingly. Executive functions. 17.—(1) Every power, function, or duty of the council of a county or of an elective body which is not a reserved function shall, for the purposes of this Act, be an executive function of such council or body, and the expression “executive function” shall in this Act (including this section) be construed and have effect accordingly. (2) Every county manager shall exercise and perform for the council of his county all the executive functions of such council and, in particular all powers, (other than a power which is vested by law (including this Act) in such council and is by this Act expressly made exercisable by resolution of such council), functions, and duties of such council in relation to the officers and servants of such council and the control, supervision, service, remuneration, privileges, and superannuation, of such officers and servants. (3) Every county manager shall exercise, for the several elective bodies for which he is the manager, the executive functions of such elective bodies respectively and, in particular, all powers, functions, and duties of any such elective body in relation to the officers and servants of such body and the control, supervision, service, remuneration, privileges, and superannuation of such officers and servants. (4) All such matters and things, including the making of contracts and the affixing of the official seal, as are necessary for or incidental to the exercise or performance of the executive functions of the council of a county or of an elective body shall, subject to the provisions of this Act, be done (as the case may be) by the county manager for such county or the manager for such elective body. (5) A county manager shall not affix the official seal of the council of a county or of an elective body to any document save in the presence of the chairman of such council or body or, in the presence of a member or any of a number of members of such council or body nominated in that behalf by such council or body. Committees of county councils and elective bodies. 18.—(1) Save as is otherwise provided by the next following sub-section of this section, any power vested, by virtue of an enactment in force at the passing of this Act, in the council of a county or in an elective body to appoint at their discretion a committee for a purpose connected with their powers, functions, or duties may, after the commencement of this Act, be exercised by such council or elective body (as the case may be) by resolution. (2) Any power vested, by virtue of an enactment in force at the passing of this Act, in the council of a county or in an elective body to delegate to a committee appointed by such council or elective body any power, function, or duty which is an executive function of such council or elective body (as the case may be) shall, after the commencement of this Act, be exercisable only by the county manager for the county of such council or by the manager for such elective body (as the case may be) but subject in every case to the consent of the Minister. Acting of county manager by signed order. 19.—(1) Every act or thing done or decision taken by a county manager for the council of his county or an elective body which, if done or taken by such council or elective body would be required by law (other than this Act) to be done or taken by resolution of such council or elective body, shall be done or taken by such county manager by an order in writing signed by him and containing a statement of the time at which it was so signed. (2) Where by or under any Act public notice is required to be given by the council of a county or by an elective body of the passing of the resolution by which any particular act or thing is done or any particular decision is taken by such council or elective body or before the holding of the meeting of any such council or elective body at which is passed the resolution by which any particular act or thing is done or any particular decision is taken by such council or elective body, the like public notice shall be given by the county manager before he makes the order by which he does such particular act or thing or takes such particular decision. (3) Every order made by a county manager under this section shall for all purposes be deemed to be made at the time at which it is signed by such county manager, and every such order shall, until the contrary is proved, be deemed to have been so signed at the time stated in that behalf in such order. (4) Any member of the council of a county or of an elective body shall be entitled on demand to be furnished by the county manager for such county or by the manager for such elective body (as the case may be) with a copy of any particular order (specified by such member) made by such county manager or manager under this section. (5) Every county manager shall keep, in respect of the council of his county, a register in which shall be entered a copy of every order made by him under this section for such council, and such county manager shall, at every meeting of such council, produce for the inspection of the members of such council so much of such register as contains any such orders so made since the next previous meeting of such council. (6) Every county manager shall keep, in respect of each elective body for which he is the manager, a register in which shall be entered a copy of every order made by him under this section for such elective body, and such county manager shall, at every meeting of any such elective body, produce for the inspection of the members of that elective body so much of the register so kept in respect of the said elective body as contains any orders so made for the said elective body since the next previous meeting thereof. (7) Every document purporting to be an order made and signed by a county manager shall, without proof of the signature of the person purporting to sign such document or that such person was such county manager, be received in evidence and shall, until the contrary is proved, be deemed to be an order duly made and signed by such county manager under this section and to have been so signed at the time stated in that behalf therein. (8) Every document purporting to be certified in writing by a county manager to be a true copy of an order made by such county manager under this section shall, without proof of the signature of the person purporting so to certify or that such person was such county manager, be received in evidence and shall, until the contrary is proved, be deemed to be evidence of the contents of the order of which it purports to be a copy and of the fact that such order was duly made and signed by such county manager under this section at the time stated in that behalf therein. Control, etc., of officers and servants of a county council or an elective body. 20.—(1) The officers and servants of the council of a county or of an elective body shall perform their duties as such officers and servants in accordance with such directions as the county manager for such county or the manager for such elective body (as the case may be) may from time to time give either generally or in regard to the performance of any particular duty or any particular class or classes of duties or in regard to the performance of any such duty by any particular officer or servant, and such county manager shall have and exercise control and full supervision of and over such officers and servants and any and every act or thing done or to be done by them in their capacity as officers and servants of such council or body, as the case may be. (2) Subject to any orders or regulations made by the Minister under any Act and for the time being in force in relation to the service, remuneration, privileges, or superannuation (as the case may be) of the officers and servants of a local authority, the county manager for a county or the manager for an elective body shall consider and decide all such questions as may from time to time arise in relation to the service, remuneration, privileges and superannuation of the officers and servants of the council of such county or of such elective body, as the case may be. Authorisation of payments. 21.—(1) The county manager for a county may, by order signed by him and countersigned by the nominated officer or, where there is more than one such officer, the appropriate nominated officer for such county, authorise the making of any payment out of the funds of the council of such county in respect of any expense or on account of any liability incurred by such council or by such county manager for such council in the exercise or performance by such council or such county manager (as the case may be) of any of the powers, functions, or duties of such council which are exercisable or performable by them or him (as the case may be) under this Act. (2) The manager for an elective body may, by order signed by him and countersigned by the nominated officer for such elective body, authorise the making of any payment out of the funds of such body in respect of any expense or on account of any liability incurred by such body or by such manager for such body in the exercise or performance by such body or such manager (as the case may be) of any of the powers, functions, or duties of such body which are exercisable or performable by them or him (as the case may be) under this Act. (3) The Minister shall by order nominate (either generally in respect of all councils of counties or particularly in respect of each such council) an officer of every council of a county to be the nominated officer for such county within the meaning of sub-section (1) of this section, and may, in respect of any such county, nominate different officers to be the nominated officer for such county for different purposes. (4) The Minister shall by order nominate (either generally in respect of all elective bodies or all elective bodies of a particular class or particularly in respect of one or more specified elective bodies) an officer of every elective body to be the nominated officer for such elective body within the meaning of sub-section (2) of this section. (5) The Minister may by order, whenever he so thinks proper, revoke a nomination made by him under either of the two next preceding sub-sections of this section or under this sub-section and make a new nomination in lieu of the nomination so revoked. (6) Sub-article (3) of Article 18 of the Schedule to the Local Government (Application of Enactments) Order, 1898, is hereby repealed. Estimate of expenses of a county council. 22.—(1) Every county manager shall, for each local financial year, cause to be prepared during the prescribed period and in the prescribed form an estimate (in this Act referred to as an estimate of expenses) showing the amounts which, in his opinion, will be necessary to meet the expenses and provide for the liabilities and requirements of the council of his county during the local financial year then ensuing. (2) Every estimate of expenses prepared in pursuance of this section shall be considered by the council of the county to which such estimate relates at a meeting (in this Act referred to as an estimates meeting) of such council at which the county manager for such county shall be present and which shall be held at the prescribed time (whether prescribed generally for all councils of counties or for the said council in particular and whether so prescribed generally for all years or in particular for the relevant year only) and of which not less than seven days' notice shall have been given to every person who is a member of the said council when such notice is given. (3) Not less than seven days before the day on which an estimates meeting of the council of a county is to be held, the county manager for such county shall— (a) deposit in the offices of such council a copy of the estimate of expenses which is to be considered by such council at such estimates meeting, and (b) send a copy of the said estimate of expenses to every person who is, on the day before the commencement of the said seven days, a member of such council, and (c) give public notice in the prescribed manner of the fact that such estimate of expenses had been made and that a copy thereof had been deposited as aforesaid. (4) Every copy of an estimate of expenses which is deposited in pursuance of this section in the offices of the council of a county may be inspected free of charge by any member of the public at any time at which such offices are open for the transaction of official business, and the county manager shall supply to every person making application to him therefor a copy of such estimate of expenses at the price of one shilling per copy. Estimate of expenses of an elective body. 23.—(1) Every manager for an elective body shall, for each local financial year, cause to be prepared during the prescribed period and in the prescribed form an estimate (in this Act referred to as an estimate of expenses) showing the amounts which, in his opinion, will be necessary to meet the expenses and provide for the liabilities and requirements of such elective body during the local financial year then next ensuing. (2) Every estimate of expenses prepared in pursuance of this section shall be considered by the elective body to which it relates at a meeting (in this Act referred to as an estimates meeting) of such elective body at which the manager for such elective body shall be present and which shall be held at the prescribed time (whether prescribed generally for all elective bodies or for the class of elective bodies to which the said elective body belongs or for the said elective body in particular and whether so prescribed generally for all years or in particular for the relevant year only) and of which not less than seven days' notice shall have been given to every person who is a member of the said elective body when such notice is given. (3) Not less than seven days before the day on which an estimates meeting of an elective body is to be held, the manager for such elective body shall— (a) deposit in the office of such elective body a copy of the estimate of expenses which is to be considered by such elective body at such estimates meeting, and (b) send a copy of the said estimate of expenses to every person who is, on the day before the commencement of the said seven days, a member of such elective body, and (c) give public notice in the prescribed manner of the fact that such estimate of expenses had been made and that a copy thereof had been deposited as aforesaid. (4) Every copy of an estimate of expenses which is deposited in pursuance of this section in the offices of an elective body may be inspected free of charge by any member of the public at any time at which such offices are open for the transaction of official business, and the manager for such elective body shall supply to every person making application therefor a copy of such estimate of expenses at the price of one shilling per copy. Estimates meetings. 24.—(1) At an estimates meeting of the council of a county or an elective body or at an adjournment of such meeting, such council or elective body (as the case may be)— (a) may (subject to the subsequent provisions of this section) by resolution amend, whether by addition, omission, or variation, the estimate of expenses required by this Act to be considered at such meeting, and (b) shall by resolution adopt such estimate of expenses either (as the case may require) without amendment or with the amendments made therein under the foregoing paragraph of this sub-section, and (c) shall by resolution determine, in accordance with such estimate of expenses as so adopted, the rates in the pound to be levied for the several purposes specified in such estimate or, in the case of an elective body which is not a rating authority, prepare and by resolution adopt, in accordance with such estimate of expenses as so adopted, the demand or other instrument whereby the money to meet the expenses of such elective body in the local financial year then next ensuing is to be obtained. (2) Whenever at an estimates meeting of the council of a county or of an elective body, an amendment of the estimate of expenses required by this Act to be considered at such meeting is proposed and the county manager for such county or the manager for such elective body (as the case may be) is of opinion that such amendment, if made, would seriously prejudice the efficient or the economical performance of the duties of such council or elective body, the said county manager or manager (as the case may be) shall at such meeting state his objection to such amendment and his reasons therefor, and thereupon such council or elective body shall consider such objection and either shall decide at such meeting not to make such amendment or shall adjourn, in accordance with the next following sub-section of this section, the further consideration of such amendment. (3) When the further consideration of an amendment of an estimate of expenses is adjourned under the next preceding sub-section of this section the estimates meeting shall, after all business which can lawfully and conveniently be transacted thereat without adjournment is disposed of, be adjourned for not less than six days and at such adjourned meeting the amendment or amendments which occasioned the adjournment (with or without any modification thereof) but no other amendment of the said estimate of expenses shall be considered and decided upon and the business of the estimates meeting shall be completed. Limitation on expenditure. 25.—(1) The council of a county or an elective body may, at any time after they have adopted under this Act an estimate of expenses for any local financial year, consent by resolution to the expenditure of money or the incurring of a liability in excess of the expenditure for any particular purpose specified in such estimate in respect of such financial year. (2) Save with a consent given by resolution under the foregoing sub-section of this section, the total amount of money expended and liability incurred by the council of a county or by an elective body in any local financial year for any particular purpose specified in the estimate of expenses for such local financial year shall not exceed the total amount specified in the said estimate of expenses in respect of that purpose. Preparation of plans, etc. 26.—The council of a county or an elective body may at any time by resolution require the county manager for such county or the manager for such elective body (as the case may be) to prepare and submit to such council or body plans and specifications for the execution of any particular work specified in such resolution which can lawfully be executed by such council or body together with an estimate of the probable cost of the execution of such work, and whenever such council or body passes any such resolution such county manager or such manager (as the case may be) shall, as soon as conveniently may be, prepare and submit to such council or body plans and specifications and an estimate in accordance with such resolution. Furnishing of information to county councils and elective bodies. 27.—Every county manager shall whenever requested by the council of his county or by an elective body for which he is the manager or by the chairman of such council or of any such body so to do, afford to such council, body, or chairman (as the case may require) all such information as may be in the possession or procurement of such county manager in regard to any act, matter, or thing appertaining to or concerning any business or transaction of such council or body (as the case may be) which is mentioned in such request. Reception and examination of tenders. 28.—(1) Any council of a county or any elective body may, if and whenever it thinks fit, ma …