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31 1993

LOCAL GOVERNMENT (DUBLIN) ACT, 1993

PART IV

Consequential Adjustments to Other Codes

Eastern Health Board.

18. —(1) Each of the councils established by section 11 shall at its inaugural meeting appoint three members to the Eastern Health Board.

(2) The said members shall come into office on the day following the day of the making of the last such appointment.

(3) Notwithstanding the dissolution of the borough corporation and the county council the persons appointed as members of the Eastern Health Board by those bodies shall continue to hold office until the coming into office of the persons appointed pursuant to subsection (1).

(4) Article 4 (2) of the Health Boards Regulations, 1970 (S.I. No. 170 of 1970) is hereby amended by the substitution for the words “of Dublin” of the words “of South Dublin, Fingal, Dun Laoghaire-Rathdown,”.

(5) Article 4 (3) of the Health Boards Regulations, 1970 is hereby amended by the substitution for the words “thirty five” of the words “thirty eight” and by the deletion in paragraph (a) of the said article of the words “four members appointed by the Council of the County of Dublin, two members appointed by the Corporation of Dun Laoghaire,” and the insertion in their place of the words “three members appointed by each of the Councils of the Counties of South Dublin, Fingal and Dun Laoghaire-Rathdown,”.

(6) The persons appointed pursuant to subsection (1) shall (subject to death, resignation or becoming disqualified) hold office until the day after their successors have been appointed at the annual meeting of the relevant county council held next after the elections to councils of counties occurring next after the enactment of this Act.

(7) A person who would cease to hold office pursuant to subsection (3) by virtue of the dissolution of the borough corporation and the county council shall be eligible for appointment under subsection (1).

Vocational education committees.

19. —(1) Notwithstanding the provisions of section 6 of the Vocational Education Act, 1930 and of this Act the County Dublin and The Borough of Dun Laoghaire Vocational Education committees shall continue to exist and all persons elected to those committees prior to the establishment day shall continue to hold office for the period for which they would have held such office if this Act had not been enacted.

(2) Notwithstanding the provisions of section 7 of the Vocational Education Act, 1930 the County Dublin Vocational Education Committee shall continue to be so styled and known and The Borough of Dun Laoghaire Vocational Education Committee shall be styled and known as the Dun Laoghaire Vocational Education Committee.

(3) Nothing in this Act shall be deemed to alter the vocational education areas of the said committees.

(4) Pending the next elections to councils of counties, the Minister for Education may, by regulations, make such arrangements in relation to the continuation of the said committees as are considered appropriate including arrangements for the filling of casual vacancies and such modifications of the Vocational Education Acts, 1930 to 1970, as are considered necessary.

Higher education grants.

20. —(1) On and from the establishment day, schemes carried out by the county council in accordance with the provisions of the Local Authorities (Higher Education Grants) Acts, 1968 to 1992 shall have effect in respect of South Dublin, Fingal and Dun Laoghaire-Rathdown County Councils with such modifications as may be necessary and shall be carried out by such councils accordingly.

(2) The Minister for Education may by regulations make such arrangements as are, in the opinion of that Minister, appropriate for carrying this section into effect.

School attendance committee.

21. —(1) On the establishment day, the borough area shall become and be a school attendance area for the purposes of the School Attendance Acts, 1926 to 1967, and there shall accordingly be a school attendance committee for that area which shall be the successor of committees which existed before that day.

(2) Notwithstanding the provisions of the School Attendance Acts, 1926 to 1967, or any order made under those Acts—

(a) the members of the school attendance committees for school attendance areas in the borough immediately prior to the establishment day, shall on such day become and be the members of the committee referred to in subsection (1), and

(b) the said members shall (subject to death, resignation or otherwise ceasing to hold office) continue in office until the expiry of the period for which they were appointed and for that period the provisions of the said Acts as to the filling of casual vacancies shall cease to apply and have effect in respect of that committee.

(3) The provisions of the School Attendance Acts, 1926 to 1967 shall apply to the said committee and to all appointments to be made to that committee subsequent to those to which subsection (2) applies in like manner as they apply to other school attendance committees.

Governing Body of University College Dublin.

22. —(1) Clause VII of the Charter of University College Dublin, which provides for the election of a member of the Governing Body of the College by Dublin County Council is hereby amended by the substitution in subclause (4), for the reference to that Council, of a reference to Dun Laoghaire-Rathdown County Council and references in the Statutes of the College to the former council shall be construed accordingly.

(2) Notwithstanding subsection (1) a person elected by the county council in accordance with the said statutes in the year prior to the establishment day to be a member of the Governing Body shall in accordance with those statutes become and be a member of that body and shall hold office accordingly.

Coroners.

23. —(1) The area comprised in the coroners district of the county, as existing immediately before the establishment day, shall on and from that day and notwithstanding any provision of this Act or of the Coroners Act, 1962 , continue to constitute a coroners district.

(2) The coroner for the district referred to in subsection (1) shall be appointed and remunerated by Dun Laoghaire-Rathdown County Council.

(3) The persons who immediately before the establishment day held the offices of coroner and deputy coroner for the district referred to in subsection (1) shall, subject to the provisions of this section and of the Coroners Act, 1962 , on and from that day continue to hold those offices.

(4) (a) Dun Laoghaire-Rathdown County Council shall be entitled to recover from South Dublin County Council and Fingal County Council in respect of every local financial year a proportion of its total expenditure in that year arising from its liabilities under the Coroners Act, 1962 .

(b) The said proportions shall be as agreed between the said councils or in default of agreement shall be as determined by a person jointly appointed by the county managers for that purpose.

(5) The provisions of this Act shall be deemed not to alter the area comprised in the coroners district of the city.

Sheriff.

24. —The provisions of this Act shall be deemed not to alter the area of jurisdiction of the Sheriff for the county of Dublin or the area of jurisdiction of the Sheriff for the county borough of Dublin as existing immediately prior to the establishment day.

High Court Circuits.

25. —On and from the establishment day references to the county of Dublin in sections 33 and 34 of the Courts of Justice Act, 1936 , section 13 of the Courts (Supplemental Provisions) Act, 1961 , and the High Court Circuits Order, 1937 (S.R. & O., No. 295 of 1937) shall be construed as references to the counties of South Dublin, Fingal and Dun Laoghaire-Rathdown.

Circuit Court Circuit.

26. —On and from the establishment day the Dublin Circuit Court Circuit shall consist of the county borough of Dublin and the counties of South Dublin, Fingal and Dun Laoghaire-Rathdown and a reference to the Dublin Circuit in the Courts (Supplemental Provisions) Acts, 1961 to 1991, shall be construed accordingly.

Dublin Metropolitan District Court.

27. —Notwithstanding the provisions of this Act the area of jurisdiction of the District Court for the Dublin Metropolitan District as determined by the Minister for Justice under the powers conferred by section 26 of the Courts of Justice Act, 1953 and provided for by the District Court Districts (Dublin) Order, 1945 (S.R. & O., No. 279 of 1945) as amended by the District Court Districts (Dublin) (Amendment) Order, 1982 (S.I. No. 88 of 1982) shall on and from the establishment day continue unaltered.

Jury districts.

28. —On and from the establishment day section 5 (1) of the Juries Act, 1976 , is hereby amended by the deletion of the two references to Dublin and by the addition of the words “and the county borough of Dublin and the counties of South Dublin, Fingal and Dun Laoghaire-Rathdown shall form one jury district”.

Courthouses.

29. —On and from the establishment day section 7 (2) of the Courthouses (Provision and Maintenance) Act, 1935 , is hereby amended by the substitution for the words “of Dublin” of the words “of South Dublin”.

Weights and measures.

30. —(1) The counties of Fingal, South Dublin and Dun Laoghaire -Rathdown shall be local authorities for the purposes of the Weights and Measures Acts, 1878 to 1961.

(2) For the purposes of subsection (1), the provisions of the Weights and Measures Acts, 1878 to 1961, shall, in relation to the appointment of inspectors and the enforcement of those Acts, continue to apply and to have effect in relation to the borough area and the remaining area of the administrative county of Dun Laoghaire-Rathdown to the same extent as before the establishment of that county.

Veterinary services.

31. —Notwithstanding section 35 (4) of the Abattoirs Act, 1988 , an agreement for the purposes of that Act under section 59 of the Local Government Act, 1955 , may in the case of the councils established by section 11 be entered into by those three councils.