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23 1941

LOCAL GOVERNMENT ACT, 1941

PART III.

Constitution and Procedure of Local Authorities.

Number of members of councils of counties.

33. —(1) Before the elections held next after the commencement of this section of members of councils of counties, the Minister shall by order or by two or more orders—

(a) fix the total number of the members of every council of a county, and

(b) divide every county into county electoral areas, and

(c) fix in respect of every county, the number of members of the council of such county to be elected from every county electoral area in such county.

(2) The total number of the members of the council of a county fixed by an order under this section shall be—

(a) where immediately before the commencement of this section the total number of members of such council is a number less than thirty, a number not less than twenty, and

(b) in any other case, a number not less than two-thirds of the total number of members of such council immediately before such commencement.

(3) On and after the ordinary day of retirement of members of councils of counties next after the commencement of this section, the total number of members of the council of each county shall be the number fixed in that behalf by order under this section.

(4) The division of a county into county electoral areas made by an order under this section shall have effect for the purposes of the elections held next after the commencement of this section of members of councils of counties and thereafter.

(5) The number of members of the council of each county to be elected for each county electoral area in such county at any election held after the commencement of this section shall be the number fixed in that behalf by order under this section.

(6) Nothing in this section shall be construed as preventing or restricting any alteration under Article 25 of the Schedule to the Local Government (Application of Enactments) Order, 1898 of the number of members of the council of any county.

(7) The Minister may by order amend or modify any division made by an order under this section (including an order under this sub-section) of any county into county electoral areas or alter the number of members of the council of any county to be elected by virtue of an order under this section (including an order under this sub-section) from any county electoral area in such county, and every such amendment modification, or alteration shall have effect for the purposes of the elections held next after the making of such amendment, modification or alteration and thereafter.

Constitution and election of certain urban authorities.

34. —(1) In this section the word “borough” does not include a county borough or the borough of Dun Laoghaire or the borough of Galway.

(2) Before the elections held next after the commencement of this section of members of councils of boroughs, councils of urban districts, and commissioners of towns, the Minister shall by order fix the total number of the members of every such council or commissioners and, on and after the fifth day after the day which is fixed for the holding of the said elections, and for the purposes of the said elections, the number of such members shall be the number so fixed.

(3) Subject to the provisions of the next following section, at every election of the members of any council of a borough, council of an urban district, or commissioners of a town there shall be one electoral area which shall consist of such borough, urban district, or town (as the case may be), and all such members shall be elected for such electoral area.

(4) Subject to the provisions of the next following section, there shall be four aldermen for every borough.

(5) Nothing in this section shall be construed as preventing or restricting any alteration under Article 26 of the Schedule to the Local Government (Application of Enactments) Order, 1898, of the number of members of the council of any urban district or borough.

Division of boroughs and urban districts into two or more electoral areas.

35. —(1) In this section the word “borough” does not include a county borough or the borough of Dun Laoghaire or the borough of Galway.

(2) The Minister may by order divide any borough or urban district into two or more local electoral areas and fix the number of the members of the council of such borough or urban district to be elected for each such area.

(3) The division of a borough or urban district into two or more local electoral areas made by an order under this section shall have effect for the purposes of the election held next after the making of such order and thereafter.

(4) The number of members of the council of a borough or urban district to which an order under this section relates to be elected for each local electoral area at any election held after the making of such order shall be the number fixed in that behalf by such order.

(5) In every borough in respect of which an order under this section is in force, there shall, as from the election held next after the making of such order, be two aldermen for and elected from every local electoral area in such borough.

(6) The Minister may by order revoke, amend or modify an order under this section (including an order under this sub-section), and every such revocation, amendment or modification shall have effect for the purposes of the election held next after the making of such revocation, amendment, or modification and thereafter.

Aldermen of borough after uncontested election.

36. —Where at an election of members of the council established by law in respect of any county or other borough (not being the Borough of Dun Laoghaire), no poll is taken in any particular borough electoral area the number of aldermen of such borough elected from such borough electoral area shall be the same number as if such poll had been taken and such council shall determine which of the members elected from such borough electoral area shall be such aldermen.

Failure to nominate sufficient persons to form quorum.

37. —(1) Where at the nomination of candidates at an election of members of a local authority either no candidates are duly nominated or the candidates duly nominated are less in number than the quorum for meetings of such local authority, such election shall not be proceeded with and Part IV of this Act shall have effect in relation to such local authority as if on the day on which such election was to have been held the members thereof had been removed from office under the said Part IV or, if such election is a new election within the meaning of the said Part IV, had again been removed from office under the said Part IV.

(2) Where in pursuance of sub-section (1) of this section an election is not proceeded with and such election would have been proceeded with but for a decision of the returning officer refusing to accept one or more nominations of candidates, the decision of the returning officer in respect of such nomination or any of such nominations (as the case may be) may be questioned by an election petition.

(3) Where the court trying an election petition in relation to an election of members of a local authority declares that by reason of a deficiency in the number of candidates duly nominated such election should not have been proceeded with, the following provisions shall have effect, that is to say:—

(a) the said election shall be deemed not to have been held andthe persons elected at such election shall be deemed not to have come into office;

(b) every act done during the period between the completion of such election and the determination of such election petition which was done by the persons or any one or more of the persons declared elected at such election and which purported to be an act of such local authority or an act done by virtue of the membership of such local authority of such one or more persons (as the case may be) shall be as valid and effectual as if all the persons declared elected at such election had been validly elected and qualified to act as members of such local authority;

(c) every such act which was done by an individual person declared elected at such election and subsequently declared appointed to the office of chairman, lord mayor, or mayor of such local authority and which purported to be an act done by virtue of the said office shall be as valid and effectual as if all the persons declared elected at such election had been validly elected and qualified to act as members of such local authority and such individual person had been validly appointed to the said office;

(d) subject to the provisions of this sub-section, Part IV of this Act shall have effect in relation to such local authority as if on the day on which such election was held the members thereof had been removed from office under the said Part IV or, if such election was a new election within the meaning of the said Part IV, had again been removed from Office under the said Part IV.

(4) Where the returning officer at an election of members of a local authority refuses to accept one or more nominations and by reason of such decision such election is not proceeded with and a court trying an election petition questioning such decision declares that such decision was wrong and that such election should have been proceeded with, the following provisions shall have effect, that is to say:—

(a) Part IV of this Act shall be deemed to have been in force pursuant to sub-section (1) of this section in relation to such local authority from the day on which such election was to have been held and shall continue so in force until the coming into office of the persons elected at the election held in accordance with the next following paragraph of this sub-section;

(b) the Minister shall, as soon as may be after the determination of such election petition, fix a day for the holding of an election of members of such local authority and such election shall be held on that day.

Insufficiency of nominations not resulting in failure to form quorum.

38. —Where, by reason of a deficiency in the number of candidates duly nominated in one or more electoral areas, the candidates who can be elected at an election of members of a local authority are less in number than the full number of members capable of being elected at such election but are not less in number than the quorum for meetings of such local authority, such local authority shall be validly constituted by virtue of such election notwithstanding the vacancies arising from such deficiency and such vacancies shall be regarded for all purposes (including the purposes of this Act) as casual vacancies caused by refusals immediately after such election to take office and shall be filled accordingly.

Conduct of elections, etc.

39. —In lieu of sub-article (3) (repealed by this Act) of Article 5 of the Schedule to the Local Government (Application of Enactments) Order, 1898, it is hereby enacted that, at every election regulated by rules framed under the said Order, the poll shall be taken by ballot and the enactments set out in the Third Schedule to this Act shall to the extent mentioned in the said Schedule and subject to any adaptations, alterations, and exceptions made by such rules, apply in respect of such election in like manner as they apply in respect of a municipal election.

Failure to accept office.

40. —(1) Where any person, who is elected or chosen to be a member of a local authority and who is required by any enactment in force immediately before the commencement of this section to accept office as such member by making and subscribing within a limited period a declaration accepting such office, does not so accept such office, the following provisions shall apply and have effect, that is to say:—

(a) such person shall be deemed to have refused such office, and

(b) such office shall be vacant and shall, for the purposes of every provision (including provisions contained in this Act) relating to casual vacancies in the membership of such local authority, be deemed to have become vacant by the resignation of its holder on the last day of the said period.

(2) Every provision in any enactment whereby a person, who fails in the manner mentioned in the immediately preceding sub-section of this section to accept office as a member of a local authority, is liable to pay a fine shall cease to have effect.

Doing of acts and deciding of questions at meetings.

41. —Notwithstanding anything contained in any enactment in force immediately before the commencement of this section or commencing at the same time as this section—

(a) any act which, by virtue of any such enactment, may be done at a duly constituted meeting of a local authority by a majority of the members present at such meeting, may be done by a majority of those members who vote at such meeting for and against the doing of such act, and

(b) any question which, by virtue of any such enactment may be decided at a duly constituted meeting of a local authority by a majority of the members present at such meeting, may be decided by a majority of those members who vote at such meeting on the decision of such question.

Casual vacancies in certain urban authorities.

42. —(1) Where a vacancy (in this section referred to as a casual vacancy) occurs in the membership of the council of a borough (not being a county borough or the borough of Dun Laoghaire) or of the council of an urban district or of the commissioners of any town by reason of the death, resignation, disqualification, or refusal to accept office of a member thereof, such vacancy shall be filled by such council or board after due notice at their next meeting after the expiration of one month from the occurrence of such vacancy or as soon thereafter as circumstances permit.

(2) Every person chosen under this section to fill a casual vacancy shall, unless he sooner dies, resigns, or becomes disqualified, or unless he refuses to accept office, hold office for the residue of the term for which the member occasioning such vacancy would have held office had he not died, resigned, become disqualified, or refused to accept office (as the case may be).

(3) Every person chosen under this section to fill a casual vacancy in the membership of the council of a borough shall hold office as a councillor whether the member of such council occasioning such vacancy was an alderman or a councillor.

(4) During the period of office of a person chosen under this section to fill a casual vacancy in the membership of the council of a borough occasioned by the death, resignation, disqualification, or refusal to accept office of an alderman the number of aldermen of such borough shall be reduced by one.

Procedure at election of lord mayor, mayor or chairman.

43. —(1) At an election of a lord mayor or mayor of a county or other borough or of the chairman of any local authority, the following provisions shall apply and have effect, that is to say:—

(a) the proceedings shall begin by a member or members being proposed and seconded and no person who is not then proposed and seconded shall be a candidate;

(b) where there is only one candidate, such candidate shall be elected;

(c) where there are more than two candidates, a poll shall be taken;

(d) if at such poll a majority of the members present vote for any particular candidate, such candidate shall be elected;

(e) if at such poll no candidate receives the votes of a majority of the members present, the candidate receiving the least number of votes shall be eliminated and, subject to the provisions of paragraph (g) of this sub-section, one or more further polls (according as may be necessary) shall be taken;

(f) paragraphs (d) and (e) of this sub-section shall apply in relation to such further poll or polls;

(g) where there are only two candidates or where, as a result of one or more polls taken under this sub-section, all the candidates except two have been eliminated, the question as to which of such candidates shall be elected shall be put to the members present and whichever of such candidates receives the greater number of votes on such question shall be elected;

(h) if from an equality of votes given to two or more candidates any question arises under this sub-section as to which of such candidates is to be eliminated or as to which of such candidates is to be elected, such question shall be decided by lot.

(2) A candidate for election as a lord mayor or mayor of a county or other borough or as the chairman of any local authority shall not be deemed to have a pecuniary interest in such election by reason of the fact that a salary attaches to the office of such lord mayor, mayor, or chairman, and accordingly such candidate may vote and take part in the proceedings at such election.