PART IV.

Removal from Office of the Members of a Local Authority.

44. —(1) If and whenever—

(a) the Minister, after holding a local inquiry into the performance by a local authority of their duties, is satisfied that such duties are not being duly and effectually performed, or

(b) a local authority refuses or neglects to comply with a judgment, order, or decree of any court, or

(c) a local authority refuses after due notice to allow their accounts to be audited by an auditor of the Minister, or

(d) the members of a local authority capable of acting are less in number than the quorum for meetings of such local authority,

the Minister may by order remove from office the members of such local authority.

(2) In this Part of this Act every reference to a removal from office shall be construed as a reference to a removal from office under this section.

45. —(1) The Minister shall fix a day for the holding of an election (in this Part of this Act referred to as a new election) of members of any local authority of which the members have been removed from office and such election shall be held on that day.

(2) The day fixed under this section for the holding of a new election shall be—

(a) in case the period of three years after the removal from office of the members of the relevant local authority expires within one year before the first day of a period in which a statutory election of members of such local authority would be required save for such removal either—

(i) any day during the said period in which such statutory election would be required save for such removal, or

(ii) any day within the period of three years after such removal, and

(b) in any other case, any day within the period of three years after such removal.

(3) Where the members of a local authority are removed from office and in accordance with the provisions of the Local Elections Acts, 1937 and 1940, an election of members of such local authority is to be held on the day which is the appointed day for the purposes of those Acts, such election shall be held on that day and shall be deemed, for the purposes of this Part of this Act, to be a new election.

(4) The provisions of Part II of the Local Elections Act, 1927 (No. 39 of 1927), in respect of the following matters shall apply in relation to a local authority as constituted by a new election in like manner as if such new election were a triennial election, that is to say:—

(a) the dates of the coming into office of members after a triennial election,

(b) the holding of annual and quarterly meetings, and

(c) the business to be transacted at annual and quarterly meetings.

(5) Where the members of a local authority are removed from office, no election, other than a new election, of members of such local authority shall be held during the period between such removal and the coming into office of the members of such local authority elected at a new election.

(6) Subject to the provisions of the immediately preceding sub-section of this section the removal from office of the members of a local authority and the holding of a new election shall not alter the years in which triennial elections of such members are to be held.

46. —Where the court trying an election petition in relation to a new election declares that such election was void for any reason other than a deficiency of candidates duly nominated or makes an order by virtue of which the persons validly elected at such election are less in number than the quorum at meetings of the relevant local authority, the following provisions shall have effect, that is to say:—

(a) for the purposes of this Part of this Act (except this section) the said election shall be deemed not to have been held and the persons elected at such election shall be deemed not to have come into office, and this Part of this Act (except as aforesaid) shall apply accordingly;

(b) every act done during the period between the completion of such election and the determination of such election petition which was done by the persons or any one or more of the persons declared elected at such election and which purported to be an act of such local authority or an act done by virtue of the membership of such local authority of such one or more persons (as the case may be) shall be as valid and effectual as if all the persons declared elected at such election had been validly elected and qualified to act as members of such local authority;

(c) every such act which was done by an individual person declared elected at such election and subsequently declared appointed to the office of chairman, lord mayor, or mayor of such local authority and which purported to be an act done by virtue of the said office shall be as valid and effectual as if all the persons declared elected at such election had been validly elected and qualified to act as members of such local authority and such individual person had been validly appointed to the said office;

(d) the Minister shall, as soon as may be after the determination of such election petition, fix a day for the holding of an election of members of such local authority and this Part of this Act shall apply as if such election were a new election duly fixed thereunder.

47. —A certificate under the hand of the returning officer at a new election stating the number of persons who were duly nominated for such election shall, for the purposes of this Part of this Act, be conclusive evidence of the number of persons so nominated.

48. —(1) For the purposes of enabling a local authority whose members have been removed from office to function during the period between such removal from office and the coming into office of the members elected at a new election, the Minister shall from time to time appoint one or more persons to be the commissioner or commissioners for such local authority.

(2) The Minister may—

(a) remove any commissioner for a local authority appointed under this section and appoint another person to be commissioner for such local authority in his place,

(b) where there are one or more commissioners appointed under this section for a local authority, appoint one or more persons to be additional commissioners for such local authority, and

(c) where there are two or more commissioners appointed under this section for a local authority, reduce the number of such commissioners and for that purpose remove one or more of such commissioners.

(3) In the subsequent sections of this Part of this Act the word “commissioner” means a commissioner appointed under this section.

49. —(1) During the period between the removal from office of the members of a local authority and the coming into office of the members elected at a new election, every power, function, or duty which is exercisable or to be performed by the members of such local authority acting together in a meeting of such local authority or exercisable or to be performed by any one or more members of such local authority by virtue of such membership or by virtue of the office of chairman, lord mayor, or mayor shall be exercised or performed by the commissioner or commissioners for such local authority.

(2) In the immediately preceding sub-section of this section the word “power” includes every permissive power to appoint a committee and also, in the case of the council of an urban district, the power to make an application to the Minister for an order under section 74 of the Act of 1925.

(3) So long as any permissive power to appoint a committee is exercisable under this section by a commissioner or commissioners, any statutory or other provision restricting the membership of such committee in whole or in part to members of a particular local authority shall be suspended.

(4) For the purposes of removing doubts it is hereby declared that where before the commencement of this section a local authority was dissolved consequent upon an order made under section 72 of the Act of 1925, the following powers were exercisable during such dissolution by the body, person or persons to whom the powers and duties of such local authority were for the time being transferred, that is to say, the powers which, if this Part of this Act had been in force and the members of such local authority had been removed from office thereunder, would by virtue of this section have been exercisable by the commissioner or commissioners for such local authority.

50. —(1) The Minister may fix the tenure of office of any commissioner.

(2) The Minister may direct the payment of remuneration to any commissioner and may fix its amount, and such remuneration as so fixed shall be paid out of the revenues of the relevant local authority as part of their general expenses.

51. —(1) Where immediately before the commencement of this section a local authority stands dissolved by virtue of section 72 of the Act of 1925 and an order made under sub-section (1) of that section, the following provisions shall have effect upon such commencement, that is to say:—

(a) such local authority shall cease to be so dissolved and shall be re-established by virtue of this section,

(b) without prejudice to the subsequent paragraphs of this sub-section, all the property, powers, and duties of such local authority shall vest in such local authority as so re-established,

(c) this Part of this Act shall apply in relation to such local authority and for that purpose the members thereof shall be deemed to have been removed from office and the person or persons performing the duties of such local authority in pursuance of the said section 72 immediately before such commencement shall be deemed to be the commissioner or commissioners for such local authority, and

(d) the date upon which the members of such local authority shall be deemed in pursuance of the immediately preceding paragraph of this sub-section to have been removed from office shall be—

(i) in case the dissolution of such local authority continued by reason of section 4 of the Local Government (Dissolved Authorities) Act, 1935 (No. 41 of 1935), the date last fixed for the holding of an election of members of such local authority in pursuance of sub-section (5) of section 72 of the Act of 1925, or

(ii) in any other case, the date of the dissolution of such local authority.

(2) Every order which is in force immediately before the commencement of this section and which was made under sub-section (6) of section 72 of the Act of 1925 or the Local Government Act, 1931 (No. 19 of 1931), in relation to a local authority or was made under the last-mentioned Act in relation to a subsidiary body within the meaning of that Act shall, with such modifications as may be necessary in the circumstances, continue in force on and after such commencement as an order made under this part of this Act and may be amended or revoked accordingly.

52. —(1) Where the members of a local authority are removed from office, the Minister may by order make such provision in relation to any subsidiary body wholly or partly appointed by such local authority as he thinks necessary or expedient for securing that such subsidiary body shall function notwithstanding such removal from office, and, in particular, may by order—

(a) where such subsidiary body is required by law to be composed wholly of persons nominated by such local authority, either—

(i) transfer the powers, duties, and property of such subsidiary body to the commissioner or commissioners for such local authority and make provision for the exercise and performance of such powers and duties directly by such commissioner or commissioners, or

(ii) make such provision as he thinks necessary or expedient for the appointment of the members of such subsidiary body, including the appointment of particular persons to be such members reducing the number of the members and the quorum of such subsidiary body, and suspending any statutory or other enactment requiring the members of such subsidiary body to be members of such local authority, and

(b) where such subsidiary body is required by law to be composed in part only of persons nominated by such local authority, make such provision as he thinks proper for filling all or any of those places in the membership of such subsidiary body which are required by law to be filled by persons nominated by such local authority, including appointing particular persons to fill such places, suspending any statutory or other provision requiring all or any of such places to be filled by persons who are members of such local authority, and reducing the number of such places and, in consequence of such reduction, reducing the total number of members and the quorum of such subsidiary body.

(2) Where the person holding a particular office in or under a local authority is by law a member of any other body by virtue of his holding such office, such person shall for the purposes of this section be deemed to be a member of such body nominated by such local authority.

(3) In this section the expression “subsidiary body” means a corporation, committee, board, or other body which is required by law to be composed wholly or partly of persons nominated by a local authority or by two or more local authorities.

53. —(1) The Minister may by order do all such things and make all such regulations as are in his opinion necessary or expedient in order to enable a local authority whose members are removed from office to function duly and effectually and, generally, to enable this Part of this Act to have full force and effect.

(2) The Minister, in exercise of the powers conferred on him by the immediately preceding sub-section of this section but without prejudice to the generality thereof, may by order—

(a) provide for the exercise and performance by deputy of the powers and duties of a commissioner who is sick or absent on leave,

(b) where a commissioner is a body, corporate or unincorporated, provide for the exercise and performance by members of such body of any powers or duties exercisable or to be performed by members of the local authority for whom such body is commissioner by virtue of their membership, or by the lord mayor, mayor, or chairman (as the case may be) of such local authority by virtue of his membership, and

(c) where there are two or more commissioners for a local authority, provide generally or as regards particular matters for the acting of such commissioners individually, collectively or by a majority.

(3) The Minister may by order amend or revoke, any order made under this section (including any order made under this sub-section).

54. —(1) The Minister may by order make all such adaptations and modifications of any enactment in force immediately before the commencement of this section as appear to him to be necessary or expedient for enabling this Part of this Act or such enactment to have full force and effect.

(2) Subject and without prejudice to any adaptation or modification made under the immediately preceding sub-section of this section, the following provisions shall have effect in relation to every enactment in force immediately before the commencement of this section, that is to say:—

(a) every mention of or reference to an order dissolving a local authority under section 72 of the Act of 1925 shall be construed as a mention of or reference to an order removing from office the members of such local authority;

(b) every mention of or reference to the dissolution of a local authority under the said section 72 shall be construed as a mention of or reference to the removal from office of the members of a local authority;

(c) every mention of or reference to a local authority which has been dissolved under the said section 72 shall be construed as a mention of or reference to a local authority the members of which have been removed from office;

(d) every mention of or reference to the body, persons, or person to whom the powers and duties of a local authority are for the time being transferred by order under the said section 72 shall be construed as a mention of or reference to the commissioner or commissioners of a local authority;

(e) every mention of or reference to an election of members of a local authority under the said section 72 shall be construed as a mention of or reference to a new election of members of a local authority.

(3) Every order made under this section shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made, and, if a resolution annulling such order is passed by either such House within the next twenty-one days on which such House has sat after such Order is laid before it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

55. —The continuity of the existence of a local authority by the title appropriate to them according to law as a corporate or unincorporated body (as the case may be) shall not be affected by the removal from office of the members of such local authority nor, where such local authority is the corporation of a county or other borough, by the vacancy in the office of lord mayor or mayor and the vacancies in the offices of aldermen occasioned by such removal.