Number 21 of 1940.
LOCAL GOVERNMENT (DUBLIN) (AMENDMENT) ACT, 1940.
ARRANGEMENT OF SECTIONS
Preliminary and General
Section | |
Inclusion of Howth Urban District in the County Borough of Dublin
Miscellaneous
Acts Referred to | |
No. 27 of 1930 | |
No. 23 of 1927 | |
No. 23 of 1939 | |
No. 39 of 1926 | |
Number 21 of 1940.
LOCAL GOVERNMENT (DUBLIN) (AMENDMENT) ACT, 1940.
PART I.
Preliminary and General.
Short title, collective citation, and construction.
1.—(1) This Act may be cited as the Local Government (Dublin) (Amendment) Act, 1940.
(2) The Local Government (Dublin) Acts, 1930 and 1935, and this Act may be cited together as the Local Government (Dublin) Acts, 1930 to 1940.
(3) This Act shall be construed as one with the Principal Act.
Definitions.
2.—In this Act—
the expression “the Principal Act” means the Local Government (Dublin) Act, 1930 (No. 27 of 1930);
the expression “the Minister” means the Minister for Local Government and Public Health;
the expression “the city” means the county borough of Dublin;
the expression “the county” means the county of Dublin;
the expression “the urban district” means the urban district of Howth;
the expression “the city corporation” means the Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin;
the expression “the city council” means the council established by the Principal Act for the city;
the expression “the county council” means the county council of the county of Dublin;
the expression “the district council” means the council of the urban district of Howth;
the expression “the city manager” means the Dublin City Manager and Town Clerk.
The appointed day.
3.—(1) The Minister may by order appoint a day to be the appointed day for the purposes of this Act.
(2) In this Act the expression “the appointed day” means the day appointed under this section to be the appointed day for the purposes of this Act.
PART II.
Inclusion of Howth Urban District in the County Borough of Dublin.
Inclusion of Howth urban district in Dublin city.
4.—(1) On the appointed day the district council shall be dissolved and cease to exist.
(2) On the appointed day the area of the urban district shall be detached from the county and from the jurisdiction and powers of the county council and shall be added to the city and shall thenceforward be included in and form part of the city for all purposes.
(3) On the appointed day the boundary of the city shall be extended so as to include the area of the urban district.
Incorporation of portions of the Principal Act.
5.—(1) The following sections (in this section referred to as the incorporated sections) of the Principal Act, that is to say, sections four to fifteen and sections nineteen, twenty-four, twenty-five, twenty-eight, eighty-seven, eighty-eight, and one hundred and two are hereby incorporated in this Act with the modifications set forth in the next following sub-section of this section, and accordingly the said incorporated sections shall have effect as if they were re-enacted in this Act with the modifications aforesaid.
(2) The following modifications are hereby made in the incorporated sections for the purpose of their incorporation in this Act, but no further or otherwise, that is to say:—
(a) the district council shall, for the purpose aforesaid, be deemed to be an abolished body, and accordingly every reference in the incorporated sections to abolished bodies or to an abolished body shall be construed as a reference to the district council;
(b) the urban district shall, for the purpose aforesaid, be deemed to be an added urban district, and accordingly every reference in the incorporated sections to added urban districts or to an added urban district shall be construed as a reference to the urban district;
(c) the city corporation shall, for the purpose aforesaid, be deemed to be the successor of the district council;
(d) the expression “the existing city” wherever it occurs in the incorporated sections shall be construed as meaning the county borough of Dublin as existing at the passing of this Act;
(e) the expression “this Act” and “this Part of this Act” wherever they respectively occur in the incorporated sections shall be construed as meaning the incorporated sections as incorporated in this Act;
(f) the expression “the appointed day” wherever it occurs in the incorporated sections shall be construed as meaning the day which is the appointed day for the purposes of this Act;
(g) so much of the incorporated sections as relates exclusively to the borough of Dun Laoghaire shall be disregarded;
(h) such of the definitions contained in section 1 of the Principal Act as relate to words or expressions occurring in any of the incorporated sections and are not inconsistent with any of the foregoing provisions of this sub-section shall be deemed to be re-enacted in this Act for the purpose of the interpretation of the incorporated sections.
Cesser of elections to the district council.
6.—No election of members of the district council shall take place after the passing of this Act.
The next triennial election to the city council.
7.—The following provisions shall apply and have effect in relation to the triennial election (in this section referred to as the said city election) of members of the city council held next after the passing of this Act, that is to say:—
(a) every local government elector registered as such within the urban district shall (subject to any disqualification imposed by law) be entitled to vote at the said city election;
(b) the area of the urban district shall, for the purposes of the said city election, be added to and be deemed to form part of that borough electoral area in the city which adjoins the urban district;
(c) every polling district existing at the passing of this Act for the purpose of elections of members of the county council and situate in the urban district shall be a polling district for the purposes of the said city election, and every polling place so existing in any such polling district shall be a polling place for the purposes of the said city election.
The next triennial election to the county council.
8.—For the purposes of the election of members of the county council held next after the passing of this Act, the urban district shall be deemed not to form part of and not to be included in the county.
Coroners, under-sheriffs and jurors books.
9.—(1) So long as the person who at the passing of this Act holds the office of coroner of the county continues to hold that office, his area of jurisdiction as such coroner shall continue as if this Act had not been passed but, upon his ceasing by death or otherwise to hold his said office, the area of the urban district shall, on such cesser or on the appointed day (whichever is the later), be detached from the area of jurisdiction of the coroner of the county and be added to and thenceforward included in the area of jurisdiction of the coroner of the city.
(2) So long as the person who at the passing of this Act holds the office of under-sheriff of the county continues to hold that office, his area of jurisdiction as such under-sheriff shall continue as if this Act had not been passed but, upon his ceasing by death or otherwise to hold his said office, the area of the urban district shall, on such cesser or on the appointed day (whichever is the later), be detached from the area of jurisdiction of the under-sheriff of the county and be added to and thenceforward included in the area of jurisdiction of the under-sheriff or county registrar (as the case may be) of the city.
(3) The following provisions shall have effect in the city and the county in relation to the preparation of jurors books, the preparation of panels of jurors, and the summoning of jurors, and in relation to the panels from which jurors are to be drawn for the trial of issues by a court or a judge sitting in the city or the county, that is to say:—
(a) until the day immediately before the appointed day and thereafter until either the jurors book in force immediately before that day in the city or the jurors book in force immediately before that day in the county becomes exhausted, the law in force immediately before the passing of this Act shall continue in force and be observed as if this Act and, in particular, the next preceding sub-section of this section and the provisions including the urban district in the city, had not been passed;
(b) when and so soon as one of the said jurors books becomes exhausted on or after the appointed day, the other of the said jurors books shall be deemed to have become exhausted and new jurors books shall forthwith come into force in the city and the county;
(c) notwithstanding anything contained in this sub-section, one of such new jurors books shall be prepared as a jurors book for the city as extended by this Act and the other of such new jurors books shall be prepared as a jurors book for the county, exclusive of the urban district;
(d) immediately upon such new jurors books coming into force, the provisions of this Act shall have effect and shall thenceforward be observed, save that so long as there is an under-sheriff for the city such under-sheriff shall be the empanelling officer within the meaning of the Juries Act, 1927 (No. 23 of 1927), for the whole city as extended by this Act, and so long as there is an under-sheriff for the county such under-sheriff shall be the empanelling officer within the meaning aforesaid only for the county exclusive of the urban district.
Abolition of urban district rates, etc.
10.—(1) Subject to the provisions of the next following sub-section of this section, all rates which immediately before the appointed day are leviable in the urban district shall on the appointed day cease to be leviable, but such cesser shall not prevent, prejudice, or affect the collection or recovery after the appointed day of any portion of any such rate which immediately before the appointed day remains due and unpaid.
(2) The provisions of this section shall not extend or apply to charges (commonly called contract water rates) made for the supply of water to particular hereditaments or tenements for purposes other than domestic purposes or to the supply of water under special contract to any person not entitled to such supply, but such charges shall be collected and recovered as part of the municipal rate.
(3) Every fund which immediately before the appointed day is maintained out of the produce of any of the rates abolished by this section shall on the appointed day cease to be so maintained and on that day the moneys (if any) standing to the credit of any such fund shall be paid into the municipal fund, and every liability due by any such fund shall be defrayed out of the municipal fund.
(4) Section 64 of the Principal Act shall apply and have effect in the area added to the city by this Act as if that section were here re-enacted in respect of that area only with the substitution in lieu of the dates the 1st day of April, 1931, and the 1st day of April, 1930, where those dates occur in the said section of the dates the 1st day of April, 1941, and the 1st day of April, 1940, respectively.
Adjustment of agricultural grant.
11.—The Rates on Agricultural Land (Relief) Act, 1939 (No. 23 of 1939), is hereby amended as regards the local financial year next following that in which the appointed day falls and every subsequent local financial year in the following respects and shall be construed and have effect accordingly, that is to say:—
(a) by the deletion in sub-section (6) of section 4 of the words “sixteen hundred and eighty pounds, thirteen shillings, and sixpence” and the substitution in lieu thereof of the words “two thousand three hundred and sixty pounds”, and
(b) by the deletion in the second column of the Schedule of the amount of £54,550 6s. 6d. and the substitution in lieu thereof of the amount of £53,871.
Petitions in regard to wards in the city.
12.—Sub-article (14) (which relates to the time within which a petition may be presented by the council of a borough in regard to the division of such borough into wards) of Article 31 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall cease to apply to the presentation of any such petition by the city corporation.
PART III.
Miscellaneous.
Appointments to the office of Dublin City Manager.
13.—(1) The office of city manager shall be an office to which the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), applies, save that section 5 of that Act shall not apply to the said office and that sections 6, 8, and 9 of the said Act shall apply to the said office subject to the provisions of the next following sub-section of this section.
(2) Whenever an appointment is required to be made to the office of city manager, the Minister shall request the Local Appointments Commissioners to recommend to him a person for appointment to such office and the Commissioners shall select (otherwise than by competitive examination) and recommend to the Minister under the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), one, and only one, person for such appointment, and thereupon the person so selected and recommended shall become and be appointed by virtue of such recommendation to such office as on and from such day as the Minister shall by order appoint in that behalf.
(3) Whenever the office of city manager is vacant, the Minister shall appoint a person to be city manager until an appointment to such office is made under the immediately preceding sub-section of this section.
Repeal of portions of the Principal Act.
14.—Sub-section (3) of section 53 and section 101 of the Principal Act are hereby repealed.