S.I. No. 52/1993:

DUBLIN (PREPARATIONS FOR REORGANISATION) REGULATIONS, 1993.

DUBLIN (PREPARATIONS FOR REORGANISATION) REGULATIONS, 1993.

The Minister for the Environment, in exercise of the powers conferred on him by sections 3 and 24 of the Local Government Act, 1991 (No. of 1991 ), having considered the reorganisation report prepared under section 23 of that Act, the submissions made pursuant thereto and after consultation with the Minister for Finance, hereby makes the following Regulations:

PART I Preliminary and General

1. These Regulations may be cited as the Dublin (Preparations for Reorganisation) Regulations, 1993.

2. In these Regulations, except where the context otherwise requires,--

(1) "the Act" means the Local Government Act, 1991 ;

"area managers" means the holders of the offices created by section 21 of the Act;

"the Burial Board" means the Deans Grange Joint Burial Board;

"the county" means the administrative county of Dublin;

"Dublin Corporation" means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

"the County Council" means the council of the county;

"Dún Laoghaire Corporation" means the Corporation of Dún Laoghaire established by the Local Government (Dublin) Act, 1930 ;

"the existing authorities" means the County Council, Dún Laoghaire Corporation and the Burial Board;

"function" includes powers and duties;

"the manager" means the person holding the offices of Dublin City Manager and Town Clerk and of Dublin County Manager;

"the Minister" means the Minister for the Environment;

"the reorganisation report" means the report prepared under section 23 of the Act.

(2) ( a ) The "proposed councils" mean Dún Laoghaire-Rathdown County Council, Fingal County Council and South Dublin County Council proposed to be established by further legislation and in respect of which proposed establishment and related matters the reorganisation report was prepared.

( b ) The "proposed counties" mean the counties proposed to be established by the said further legislation which will be the administrative counties of the proposed councils.

( c ) A reference to a particular county council mentioned in paragraph (a) is a reference to the proposed county council in question.

( d ) "the establishment day" means the day on which the proposed councils will be established.

( e ) "the principal authorities" mean Dublin Corporation and the proposed councils.

(3) A reference to an article is a reference to an article of these Regulations.

(4) A reference to a sub-article, paragraph or sub-paragraph is a reference to the sub-article, paragraph or sub-paragraph of the provision in which the reference occurs.

PART II Preparations for establishment of Proposed Councils

3. (1) It shall be the duty of the relevant local authorities (and their staff) to cooperate with each other and generally to exercise their functions so as to facilitate the implementation of the reorganisation report and these Regulations.

(2) Subject to the provisions of these Regulations and notwithstanding the provisions of any other enactment, the relevant local authorities (and their staff) may, prior to and in anticipation of the establishment day, do anything which may be necessary or expedient for the purposes of, or to give full effect to, or to facilitate, preparations for the establishment of the proposed councils and the proposed counties; and for the dissolution of the existing authorities and the making and implementation of transitional arrangements in relation to such establishment and dissolution.

(3) In this article "the relevant local authorities" means the existing authorities and Dublin Corporation.

4. (1) The area managers, following consultation with the manager, shall jointly prepare a scheme (save where the performance or discharge of a particular function will involve Dublin Corporation, in which case the area managers and the manager shall jointly, prepare a scheme) specifying proposals for--

( a ) the performance of any particular function of a principal authority by any one, or more than one, of the principal authorities on behalf of any other one or more than one, of such authorities;

( b ) the joint discharge of any particular function of a principal authority by any two or more of such authorities;

to come into operation on the establishment day.

(2) A scheme prepared pursuant to sub-article (1) shall apply to the principal authorities and if the legislation to establish the proposed councils so provides a scheme indicating proposals prepared under paragraph (a) of that sub-article shall have all such force and effect as if such proposals were agreements which had been made under section 59 of the Local Government Act, 1955 .

(3) Where prior to the establishment day there was an agreement under the said section 59 in respect of any function between an existing authority and any other local authority or other body, other than Dublin Corporation, the area managers may jointly prepare a scheme specifying proposals for the adaptation or modification of such agreement, in such manner and to such extent as may be necessary arising directly from the establishment of the proposed councils, so as to allow for its continuation as on and from the establishment day, and if the legislation to establish the proposed councils so provides the said agreement shall continue to apply and to have effect subject to such adaptations or modifications.

5. (1) The area managers, following consultation with the manager, shall, subject to sub-article (4), jointly prepare a scheme for the apportionment of the assets of the existing authorities between the proposed councils so as to ensure that every asset, whether real or personal (including choses-in-action) which was vested in or belonged to or was held in trust for an existing authority and all rights, powers, and privileges relating to or connected with any such assets will be apportioned to one or more of the proposed councils.

(2) Such apportionment shall be in accordance with the following rules:

( a ) the assets of Dún Laoghaire Corporation and those of the Burial Board shall be apportioned to Dún Laoghaire-Rathdown County Council;

( b ) assets of the County Council shall--

(i) in the case of land, structures, fixed equipment and all other tangible fixed assets situated in the county be apportioned between the proposed councils by reference to the proposed county in which such fixed assets are situated, and

(ii) in the case of other assets, be apportioned between the proposed councils by reference to the proposed county to which they can be related in accordance with such provisions as shall be included in the scheme for that purpose.

( c ) Notwithstanding rules (a) and (b) such assets as are individually identified in the scheme may be otherwise apportioned between the proposed councils as may be provided for in the scheme.

(3) Any assets which are not apportioned or capable of being apportioned by reference to a scheme made under sub-article (1) shall be deemed to have been apportioned to South Dublin County Council but without prejudice to the subsequent transfer in whole or in part of such assets to any other one or more of the proposed councils.

(4) The area managers and the manager may jointly prepare a scheme for the allocation of such assets of the existing authorities as may be specified in the scheme to Dublin Corporation if such is considered appropriate arising from a scheme prepared pursuant to article 4 (1) which involves Dublin Corporation in the performance or joint discharge of functions on behalf of, or with, any one or more of the proposed councils.

(5) A scheme prepared pursuant to this article may, subject to the provisions of this article, provide for the apportionment or allocation, as the case may be, of assets of the existing authorities to any one or more of the principal authorities or for the joint user of such assets by any two or more of the principal authorities and may also provide for the payment of money, by a single payment or in two or more instalments, or on a continuing basis, by any one or more to any other one or more of such authorities, as may be appropriate, in connection with such apportionment, allocation or joint user.

(6) A scheme prepared pursuant to this article shall apply to the principal authorities and if the legislation to establish the proposed councils so provides the assets of the existing authorities may transfer to and vest in (without any conveyance or assignment) the principal authorities in accordance with the apportionments, allocations, or arrangements for joint user, as the case may be, provided for in such scheme.

6. (1) The area managers, following consultation with the manager, shall, subject to sub-article (4), jointly prepare a scheme for the apportionment of the debts and other liabilities of the existing authorities between the proposed councils so as to ensure that every debt and other liability howsoever arising of an existing authority will be apportioned to one or more of the proposed councils.

(2) Such apportionment shall be in accordance with the following rules:

( a ) the debts and other liabilities of Dún Laoghaire Corporation and those of the Burial Board shall be apportioned to Dún Laoghaire-Rathdown County Council.

( b ) debts and other liabilities of the County Council shall--

(i) in the case of debts and other liabilities (other than those relating to land, structures, fixed equipment and all other tangible fixed property located in the county) be apportioned between the proposed councils by reference to the proposed county to which they can be related in accordance with such provisions as shall be included in the scheme for that purpose, and

(ii) in the case of debts and other liabilities, excepting those to which sub-paragraph (i) applies, be apportioned between the proposed councils by reference to the proposed county in which the same are located.

( c ) Notwithstanding rules (a) and (b) such debts and other liabilities as are individually specified in the scheme may be otherwise apportioned between the proposed councils as may be provided for in the scheme.

(3) Any debts or other liabilities which are not apportioned or capable of being apportioned by reference to a scheme made under sub-article (1) shall be deemed to have been apportioned to South Dublin County Council but without prejudice to the subsequent transfer in whole or in part of such debts or other liabilities to any other one or more of the proposed councils.

(4) The area managers and the manager may jointly prepare a scheme for the allocation of such debts and other liabilities of the existing authorities as may be specified in the scheme to Dublin Corporation if such is considered appropriate arising from a scheme prepared pursuant to article 4 (1) which involves Dublin Corporation in the performance or joint discharge of functions on behalf of, or with, any one or more of the proposed councils.

(5) A scheme prepared pursuant to this article may, subject to the provisions of this article, provide for the apportionment or allocation, as the case may be, of debts and other liabilities of the existing authorities to any one or more of the principal authorities and may also provide for the payment of money, by a single payment or in two or more instalments, or on a continuing basis, by any one or more of the principal authorities to any other one or more of such authorities, as may be appropriate, in connection with such apportionment or allocation.

(6) A scheme prepared pursuant to this article shall apply to the principal authorities and if the legislation to establish the proposed councils so provides the debts and other liabilities of the existing authorities may become and be the debts and other liabilities of the principal authorities in accordance with the apportionments or allocations, as the case may be, provided for in such scheme.

7. The area managers may following consultation with the manager, jointly prepare a scheme, for the making of such financial or other adjustments in relation to any matter or thing arising in relation to preparations for the establishment of the proposed councils and the proposed counties and the dissolution of the existing authorities, as may be considered necessary (including provision as to the manner in which and by whom such adjustments, are to be determined) and for which adjustments provision has not, or may not, be made pursuant to any of the foregoing provisions of these Regulations.

8. (1) ( a ) The area managers, following consultation with the manager, shall jointly designate by order, officers and employees of the existing authorities for transfer to the service of each of the proposed councils.

( b ) (i) Any officer employee of Dún Laoghaire Corporation or the Burial Board not designated pursuant to paragraph (a) shall be deemed to be designated for transfer to the service of Dún Laoghaire-Rathdown County Council.

(ii) Any officer or employee of the County Council not designated pursuant to paragraph (a) shall be deemed to be designated for transfer to the service of South Dublin County Council.

(2) The area managers shall not designate an officer or employee under sub-article (1) (a), without having given written notification to the officer or employee concerned of their 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 and employee post, to which it is proposed to make an appointment, following the coming into operation of these Regulations, shall be the subject of a designation which shall specify the proposed council to the service of which the appointee shall be transferred.

(4) If the legislation to establish the proposed councils so provides, the officers and employees designated, or deemed to be designated, pursuant to sub-article (1) or in respect of which a designation is made pursuant to sub-article (3) shall become, and be the officers and employees of the proposed councils, in accordance with such designation.

9. (1) A scheme prepared pursuant to articles 4, 5, 6 or 7 shall be in general accordance with the arrangements set out in the reorganisation report in relation to the subject matter of the particular scheme insofar as that report applies to such matter.

(2) More than one scheme may be prepared under any of the said articles if such is considered necessary.

(3) A scheme prepared pursuant to any of the said articles may contain such incidental, consequential, supplementary, transitional or other provisions as may be considered necessary (including arrangements for the making of such financial payments as may be specified and where relevant the manner of calculation of same) for the purposes of enabling the scheme to have full effect.

(4) A scheme shall be effected by means of an order signed and dated by the area managers, and by the city manager where the scheme is made jointly with that manager, and shall specify the title by which it may be cited.

GIVEN under the Official Seal of the Minister for the Environment this

24th day of February, 1993.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

It is proposed that 3 new county councils Dún Laoghaire-Rathdown, Fingal and South Dublin will be established by further legislation in place of Dublin County Council, Dún Laoghaire Corporation and Deans Grange Joint Burial Board. These regulations provide for the making of certain arrangements in preparation for the establishment of the new councils arising from the reorganisation report prepared pursuant to section 23 of the Local Government Act, 1991 . These arrangements involve schemes for the allocation of the assets and liabilities of the existing authorities, for service arrangements and for the designation of staff for transfer to the new councils.