Local Government (Dublin) Act, 1993

Transfer of certain staff of Dun Laoghaire-Rathdown County Council to Dublin Corporation.

38.—(1) Where an agreement is made under the provisions of section 59 of the Local Government Act, 1955 between Dublin Corporation (in this section “the corporation”) and Dun Laoghaire-Rathdown County Council (in this section “the county council”) in relation to the performance by the corporation on behalf of the county council of its fire authority functions then, notwithstanding the provisions of section 17 , the Dun Laoghaire-Rathdown County Manager and the Dublin City Manager may jointly designate by order for transfer to the service of the corporation officers and employees of the county council whose principal duties relate to functions which are the subject of such agreement.

(2) The managers may not designate an officer or employee under subsection (1) without having given written notification to the officer or employee concerned of the intention to do so and considered any representations made in relation to the matter within such time as may be specified in the notification.

(3) Every officer of the county council who is the subject of a designation under subsection (1) shall, on the coming into operation of the agreement referred to in subsection (1), transfer to and become an officer of the corporation. Every office held by such an officer shall be deemed to become an office under the corporation.

(4) Every employee of the county council, not being an officer of such county council, who is the subject of a designation under subsection (1) shall, on the coming into operation of the agreement referred to in subsection (1), transfer to and become an employee of the corporation.

(5) Every contract of service express or implied which is in force immediately before the coming into operation of such an agreement between the county council and any person to whom subsection (4) applies shall continue in force on and after the coming into operation of the aforementioned agreement but shall be construed and have effect as if the corporation was substituted therein for the county council and every such contract shall be enforceable by or against the corporation accordingly.

(6) The provisions of the Second Schedule relating to contracts shall not apply to a contract of service to which subsection (5) applies.

(7) For the purposes of the enactments relating to superannuation, the office of an officer who, on the coming into operation of the aforementioned agreement, was an officer of the county council shall be deemed not to have been abolished.

(8) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, an officer or employee who is transferred pursuant to this section to the corporation shall not, while in the service of the corporation receive a lesser scale of pay or be brought to less beneficial conditions of service than the scale of pay to which the officer or employee was entitled and the conditions of service to which the officer or employee was subject immediately before the coming into operation of the aforementioned agreement.