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Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 9: In page 9, between lines 29 and 30, to insert the following: “Other agreements in relation to land situated in relevant area 11. (1) The city council and the county council may, before the transfer day, make an agreement providing for— (a) the continued vesting in the county council on and after the transfer day of any land situated in the...

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 10: In page 9, to delete lines 31 to 33 and substitute the following: “10. (1) (a) For the purposes of this Act, the city council and the county council may, not later than 30 April 2019, jointly designate in writing such property (other than land), including choses-in-action, of the county council as they may determine. (b) The city council and the county...

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 11: In page 9, to delete lines 41 and 42, and in page 10 to delete line 1 and substitute the following: “(d) All functions of the county council connected with any property standing vested in the city council by virtue of this subsection shall, from the transfer day and in relation to such property, be performable by or on behalf of the city council only.”.

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 12: In page 10, between lines 1 and 2, to insert the following: “(2) The oversight committee may make a recommendation to the city council and the county council that the city council and the county council jointly make a designation under paragraph (a) of subsection (1) in relation to— (a) such property as may be specified in the recommendation, or...

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 13: In page 10, to delete lines 2 to 6 and substitute the following: “(2)(a) For the purposes of this Act, the Minister may make an order designating such property (other than land), including choses-in-action, of the county council as he or she may determine. (b) If the Cork local authorities fail to make a designation of a type to which a recommendation...

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 14: In page 10, line 7, to delete “paragraph (a)” and substitute “paragraph (a) or (b)”.

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 15: In page 10, lines 17 and 18, to delete all words from and including “day” on line 17 down to and including line 18 and substitute the following: “day concerned and in relation to such property, be performable by or on behalf of the city council only. (3) More than one designation may be made under this section and different designations may be...

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 16: In page 10, line 31, to delete “council, or” and substitute “council or”.

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 17: In page 10, line 32, to delete “council, to” and substitute “council to”.

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 18: In page 10, between lines 39 and 40, to insert the following: “(2) (a) Subject to section 28, all rights and liabilities of the county council subsisting immediately before the expiration of the period referred to in subsection (1) of section 10 and arising by virtue of any contract or commitment (expressed or implied) shall, on the day referred to in...

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 19: In page 11, line 8, to delete “city council, or the county council, to” and substitute “city council or the county council to”.

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 20: In page 11, between lines 13 and 14, to insert the following: “(3) In this section ‘commitment’ includes security given in accordance with a condition to which paragraph (g) of subsection (4) of section 34 of the Act of 2000 applies.”.

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 21: In page 11, to delete lines 18 to 21 and substitute the following: “(2) Every instrument made under an enactment, and every other instrument (including any certificate) made or granted, by the county council shall, if and in so far as it— (a) relates to the relevant area, and (b) was operative immediately before the transfer day, have effect on and...

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 22: In page 11, lines 26 to 28, to delete all words from and including “of” in line 26 down to and including line 28 and substitute the following: “of the making of a request in writing in that behalf to the company by the city council.”.

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 23: In page 11, between lines 28 and 29, to insert the following: “(4) The city council shall not make a request referred to in subsection (3) without the consent of the county council.”.

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 24: In page 11, line 34, to delete “section 9" and substitute “section 9, 10”.

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 25: In page 11, between lines 36 and 37, to insert the following: “Staff transfer plan 13. (1) The chief executives of the Cork local authorities shall jointly prepare a plan (in this Act referred to as a ‘staff transfer plan’) setting out— (a) the number and grades of members of staff of the county council (and the classes to which such...

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 26: In page 11, to delete lines 38 to 40, and in page 12, to delete lines 1 to 11 and substitute the following: “13.(1) The chief executive of the county council shall, after consultation with the chief executive of the city council, designate for employment by the city council such and so many members of staff of the county council as are required to ensure...

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 27: In page 12, line 12, to delete “5 months” and substitute the following: “3 months (or such shorter period as may be agreed by the county council with the member of staff concerned)”.

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 28: In page 12, line 19, to delete “The county council” and substitute “The chief executive of the county council”.

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