Next (SCHEDULE Amendment of orders under section 3 of Act of 1971 )

9 2008

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Number 9 of 2008


LOCAL GOVERNMENT SERVICES (CORPORATE BODIES) (CONFIRMATION OF ORDERS) ACT 2008


ARRANGEMENT OF SECTIONS

Section

1. Definition.

2. Expenses.

3. Confirmation of certain orders under section 3 of Act of 1971.

4. Confirmation of certain acts done by dissolved bodies.

5. Amendment of orders under section 3 of Act of 1971.

6. Short title.

SCHEDULE

Amendment of orders under section 3 of Act of 1971


Acts Referred to

Local Government Services (Corporate Bodies) Act 1971

1971, No. 6

Public Service Superannuation (Miscellaneous Provisions) Act 2004

2004, No. 7

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Number 9 of 2008


LOCAL GOVERNMENT SERVICES (CORPORATE BODIES) (CONFIRMATION OF ORDERS) ACT 2008


AN ACT TO GIVE STATUTORY EFFECT TO, AND AMEND, CERTAIN ORDERS MADE UNDER THE LOCAL GOVERNMENT SERVICES (CORPORATE BODIES) ACT 1971, AND TO PROVIDE FOR RELATED MATTERS.

[20th May, 2008]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definition.

1 .— In this Act “Act of 1971” means the Local Government Services (Corporate Bodies) Act 1971 .

Expenses.

2 .— The expenses incurred by the Minister for the Environment, Heritage and Local Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Confirmation of certain orders under section 3 of Act of 1971.

3 .— (1) Subject to subsection (5), every order under section 3 of the Act of 1971 made before the passing of this Act shall have statutory effect as if it were an Act of the Oireachtas.

(2) Every act done, or purporting to have been done, by a body established under section 3 of the Act of 1971 under and in accordance with an order made under that section shall be, and be deemed always to have been, valid and effectual for all purposes.

(3) If subsection (1) or (2) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.

(4) The Public Service Superannuation (Miscellaneous Provisions) Act 2004 shall, in so far as it applied to an officer, servant, employee or member of the staff of a body established under section 3 of the Act of 1971 immediately before the passing of this Act, continue to so apply after the passing of this Act.

(5) This section shall not apply to an order that, immediately before the passing of this Act, stood revoked under section 5 of the Act of 1971.

Confirmation of certain acts done by dissolved bodies.

4 .— (1) Every act done, or purporting to have been done, by a dissolved body under and in accordance with an order made under section 3 of the Act of 1971 shall be, and be deemed always to have been, valid and effectual for all purposes.

(2) If subsection (1) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.

(3) In this section “dissolved body” means a body established under an order that, immediately before the passing of this Act, stood revoked under section 5 of the Act of 1971.

Amendment of orders under section 3 of Act of 1971.

5 .— The orders referred to in column (1) of the Schedule are amended to the extent specified in column (2) of the Schedule .

Short title.

6 .— This Act may be cited as the Local Government Services (Corporate Bodies) (Confirmation of Orders) Act 2008.