Local, Government (Superannuation) Act, 1948

Commencement of Part III.

5.—(1) A local authority may by resolution decide to adopt Part III of this Act as on and from a specified date not earlier than one month after the date of the resolution.

(2) A resolution under this section shall contain a declaration of the maximum number of the persons to be at any one time in the employment of the local authority as permanent servants.

(3) The passing of a resolution under this section shall be a reserved function for the purposes of the County Management Acts, 1940 and 1942, and for the purposes of the Act or Acts relating to the management of any county borough.

(4) Not less than one month nor more than two months before a resolution under this section is passed, notice in writing of the intention to propose the resolution shall be given to the appropriate Minister and to either—

(a) in the case of the corporation of a borough, every member of the council of the borough, or

(b) in any other case, every member of the local authority.

(5) Where a local authority pass a resolution under this section deciding to adopt Part III of this Act as on and from a specified date, that Part and the declaration in the resolution as to the maximum number of persons to be at any one time in the employment of the local authority shall come into operation in relation to them on that date.

(6) Part III of this Act shall come into operation as provided by subsection (5) of this section and not otherwise.

(7) A reference in Part III of this Act to a local authority does not include a reference to any local authority in relation to whom that Part has not come into operation.

(8) The commencement of Part III of this Act in relation to a local authority shall not have the effect of applying section 53 of the Act of 1925 to such local authority.