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23 1941

LOCAL GOVERNMENT ACT, 1941

PART VIII.

Approved Local Councils.

Approved local councils.

72. —(1) Where the inhabitants of a locality in a county health district have, either before or after the commencement of this section, established a council, committee, or other body, whether corporate or unincorporated, for furthering the general social and economic interests of such inhabitants, the council of the county in which such county health district is situate may, on the application of such body, by resolution declare that such body shall be an approved local council for the purposes of this Part of this Act.

(2) The power to make a declaration under this section shall be a reserved function for the purposes of the County Management Act, 1940 .

(3) In this Part of this Act, the expression “approved local council” means a body in respect of which a declaration under this section has been made and every reference to a county council made in relation to an approved local council shall be construed as a reference to the particular council of a county which made the declaration under this section relating to such approved local council.

Provision of buildings, etc., for approved local councils.

73. —(1) The county council may provide a building for use by an approved local council for public and other meetings and for lectures, exhibitions, general recreation or other similar social objects and may entrust the care and management of such building to such local council either temporarily or permanently.

(2) The county council may purchase in fee simple or for any less estate or interest or take on lease for any term any land for or including a building to be provided under this section and for that purpose Part V of the Public Assistance Act, 1939 (No. 27 of 1939), shall apply as if such land were being acquired for the purposes of the powers and duties of a public assistance authority under that Act.

(3) The county council may assist an approved local council by supplying them with furniture, office equipment, and stationery and, where a building is provided under this section for use by such approved local council, by paying the whole or part of the wages of a person acting as caretaker of and performing cleansing and similar duties in relation to such building.

Delegation of certain powers and duties to approved local councils.

74. —(1) The county council may delegate to an approved local council any of the powers and duties of such county council which, in the opinion of such county council, would be better regulated or managed by or through such approved local council and such county council may at any time revoke such delegation.

(2) A public assistance authority may delegate to an approved local council any of the powers and duties of such public assistance authority which in the opinion of such public assistance authority would be better regulated or managed by or through such approved local council and such public assistance authority may at any time revoke such delegation.

(3) Where a local authority have made a delegation under this section to an approved local council, the acts done by such approved local council by virtue of such delegation shall be subject to confirmation by such local authority, save that such local authority may, with the sanction of the Minister, empower such approved local council to do any act (including the institution of legal proceedings) within the authority conferred on them by such local authority which such local authority itself could lawfully do.

(4) The power to delegate under this section a power or duty which is an executive function for the purposes of the County Management Act, 1940 , and the power to revoke any such delegation shall be exercisable by the relevant county manager only.

Expenses of county council under this Part of this Act.

75. —Any expenses incurred by a county council under this Part of this Act in relation to an approved local council (not being expenses incurred in the performance by or through such approved local council of any power or duty delegated to them under this Part of this Act) shall be raised and defrayed in the same manner in which the expenses of such county council acting as rural sanitary authority are raised and defrayed.