Number 25 of 1931.
LOCAL GOVERNMENT (DUBLIN) (AMENDMENT) ACT, 1931.
ARRANGEMENT OF SECTIONS
Section | |
Transfer of functions to the Balrothery Board of Assistance. | |
Appointment and term of office of members of boards of assistance. | |
Sections and sub-sections of the Principal Act applied.
Acts Referred to | |
No. 27 of 1930 | |
No. 9 of 1923 | |
Number 25 of 1931.
LOCAL GOVERNMENT (DUBLIN) (AMENDMENT) ACT, 1931.
Definitions.
1.—(1) In this Act—
the expression “the Principal Act” means the Local Government (Dublin) Act, 1930 (No. 27 of 1930);
the expression “the appointed day” means the day appointed under this Act to be the appointed day for the purposes of this Act;
the expression “board of assistance” shall be construed as referring to and including the Dublin Board of Assistance, the Rathdown Board of Assistance, and the Balrothery Board of Assistance and no other board or body.
(2) Save as is otherwise provided by this section, all words and expressions used in this Act which are also used in the Principal Act and in particular the expressions “the City Council” and “the County Council” have the same meanings in this Act as they respectively have in the Principal Act.
Transfer of functions to the Dublin Board of Assistance.
2.—(1) On the appointed day the Order dated the 21st day of November, 1923, and made under section 12 of the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), whereby the Board of Guardians of the Dublin Union was dissolved shall, notwithstanding anything contained in section 91 of the Principal Act, cease to have effect and the said board shall become and be finally dissolved by virtue of this section.
(2) On the appointed day the functions, powers, and duties of the Board of Guardians of the Dublin Union (including the functions, powers, and duties of the Dublin Union Committee under the joint operation of the said Order dated the 21st day of November, 1923, and section 91 of the Principal Act) shall become and be transferred to the Dublin Board of Assistance and shall thenceforward be vested in and exercisable and performed by that board.
Transfer of functions to the Rathdown Board of Assistance.
3.—(1) On the appointed day sub-section (3) of section 92 of the Principal Act shall cease to have effect and the Board of Guardians of the Rathdown Union shall become and be finally dissolved by virtue of this section.
(2) On the appointed day the functions, powers, and duties of the Board of Guardians of the Rathdown Union (including the functions, powers, and duties of the Rathdown Union Committee under section 92 of the Principal Act) shall become and be transferred to the Rathdown Board of Assistance and shall thenceforward be vested in and exercisable and performed by that board.
Transfer of functions to the Balrothery Board of Assistance.
4.—(1) On the appointed day sub-section (3) of section 93 of the Principal Act shall cease to have effect and the Board of Guardians of the Balrothery Union shall become and be finally dissolved by virtue of this section.
(2) On the appointed day the functions, powers, and duties of the Board of Guardians of the Balrothery Union (including the functions, powers, and duties of the Balrothery Union Committee under section 93 of the Principal Act) shall become and be transferred to the Balrothery Board of Assistance and shall thenceforward be vested in and exercisable and performed by that board.
Application of certain provisions of the Principal Act.
5.—(1) Subject to the provisions of this section, the several sections and sub-sections of the Principal Act which are mentioned in the Schedule to this Act shall apply and have effect in relation to each of the several boards of assistance as if those sections were here set out and re-enacted.
(2) For the purpose of the application of the said sections and sub-sections of the Principal Act in accordance with this section, the following provisions shall have effect, that is to say:—
(a) the expression “the appointed day” wherever it occurs in the said sections and sub-sections shall be construed as referring to the appointed day under this Act;
(b) the Board of Guardians of the Dublin Union, the Dublin Union Committee, and every other person or body to whom the property, powers, and duties of the said Board were transferred by the Order dated the 23rd day of November, 1923, mentioned in section 91 of the Principal Act shall each be an abolished body and the Dublin Board of Assistance shall be the successor of every such abolished body;
(c) the Board of Guardians of the Rathdown Union and the Rathdown Union Committee shall each be an abolished body and the Rathdown Board of Assistance shall be the successor of each such abolished body;
(d) the Board of Guardians of the Balrothery Union and the Balrothery Union Committee shall each be an abolished body and the Balrothery Board of Assistance shall be the successor of each such abolished body.
Establishment of the Dublin Board of Assistance.
6.—(1) On the appointed day the Dublin Board of Assistance shall be established in accordance with this Act to fulfil the functions transferred to it by this Act and such other functions as shall from time to time be assigned to it by law.
(2) The Dublin Board of Assistance shall be a corporate body under that name, with power to provide itself with a common seal and to hold land of any tenure for the purpose of the functions for the time being vested in it by law.
(3) The Dublin Board of Assistance shall consist of six persons appointed by the City Council, three persons appointed by the County Council, and such persons (if any) as may from time to time be appointed under this Act to be co-opted members of the said board.
The first members of the Dublin Board of Assistance.
7.—(1) As soon as may be after the passing of this Act—
(a) the City Council shall appoint two persons to become and be members of the Dublin Board of Assistance on the appointed day; and
(b) the County Council shall appoint two persons to become and be members of the Dublin Board of Assistance on the appointed day; and
(c) if any of the places in the membership of the Dublin Union Committee which are required by section 91 of the Principal Act to be filled by persons appointed by the City Council are vacant at the passing of this Act, the City Council shall appoint persons to fill forthwith every such place; and
(d) if the place in the membership of the Dublin Union Committee which is required by section 91 of the Principal Act to be filled by a person appointed by the County Council is vacant at the passing of this Act, the County Council shall appoint a person to fill forthwith such place.
(2) The persons who are, immediately before the appointed day, members of the Dublin Union Committee shall, on the appointed day, become and be members of the Dublin Board of Assistance.
(3) Every member of the Dublin Union Committee who dies resigns, or becomes disqualified after the passing of this Act and before the appointed day and also every person who is appointed under this section to become a member of the Dublin Board of Assistance on the appointed day and dies before the appointed day shall, for the purposes of this Act, be deemed to have become a member of the Dublin Board of Assistance on the appointed day and to have died, resigned, or become disqualified (as the case may be) on the day after the appointed day.
Co-opted members of the Dublin Board of Assistance.
8.—(1) Subject to the limitation imposed by this section, the Dublin Board of Assistance may, whenever they so think fit, co-opt any person they think proper to be a member of that board.
(2) Every person co-opted under this section to be a member of the Dublin Board of Assistance shall, unless he sooner dies, resigns, or becomes disqualified, hold office as such member until the commencement of the meeting of the said board next after whichever of the following events first happens after his appointment that is to say, a triennial election of the members of the City Council or a triennial election of the members of the County Council.
(3) There shall not at any time be more than two members of the Dublin Board of Assistance co-opted under this section.
(4) Members of the Dublin Board of Assistance co-opted under this section are referred to in this Act as co-opted members.
Establishment of the Rathdown Board of Assistance.
9.—(1) On the appointed day the Rathdown Board of Assistance shall be established in accordance with this Act to fulfil the functions transferred to it by this Act and such other functions as shall from time to time be assigned to it by law.
(2) The Rathdown Board of Assistance shall be a corporate body under that name, with power to provide itself with a common seal and to hold land of any tenure for the purpose of the functions for the time being vested in it by law.
(3) The Rathdown Board of Assistance shall consist of such number of members as the County Council shall from time to time think proper and, unless and until the County Council otherwise provides, the said Board shall consist of the number of members which at the passing of this Act constitutes the full membership of the Rathdown Union Committee.
(4) After the appointed day all the members of the Rathdown Board of Assistance shall be appointed by the County Council.
(5) The County Council shall, before the appointed day, appoint persons to fill all vacancies (if any) in the membership of the Rathdown Union Committee existing at the passing of this Act.
(6) The persons who are, immediately before the appointed day, members of the Rathdown Union Committee shall, on the appointed day, become and be members of the Rathdown Board of Assistance.
(7) Every member of the Rathdown Union Committee who dies, resigns, or becomes disqualified after the passing of this Act and before the appointed day shall, for the purposes of this Act, be deemed to have become a member of the Rathdown Board of Assistance on the appointed day and to have died, resigned, or become disqualified (as the case may be) on the day after the appointed day.
Establishment of the Balrothery Board of Assistance.
10.—(1) On the appointed day the Balrothery Board of Assistance shall be established in accordance with this Act to fulfil the functions transferred to it by this Act and such other functions as shall from time to time be assigned to it by law.
(2) The Balrothery Board of Assistance shall be a corporate body under that name, with power to provide itself with a common seal and to hold land of any tenure for the purpose of the functions for the time being vested in it by law.
(3) The Balrothery Board of Assistance shall consist of such number of members as the County Council shall from time to time think proper and, unless and until the County Council otherwise provides, the said Board shall consist of the number of members which at the passing of this Act constitutes the full membership of the Balrothery Union Committee.
(4) After the appointed day all the members of the Balrothery Board of Assistance shall be appointed by the County Council.
(5) The County Council shall, before the appointed day, appoint persons to fill all vacancies (if any) in the membership of the Balrothery Union Committee existing at the passing of this Act.
(6) The persons who are, immediately before the appointed day, members of the Balrothery Union Committee shall, on the appointed day, become and be members of the Balrothery Board of Assistance.
(7) Every member of the Balrothery Union Committee who dies, resigns or becomes disqualified after the passing of this Act and before the appointed day shall, for the purposes of this Act, be deemed to have become a member of the Balrothery Board of Assistance on the appointed day and to have died, resigned, or become disqualified (as the case may be) on the day after the appointed day.
Appointment and term of office of members of boards of assistance.
11.—(1) After the appointed day, the members of the Dublin Board of Assistance required by this Act to be appointed by the City Council (other than members appointed to fill casual vacancies) shall be appointed triennially by the City Council at the quarterly meeting of that Council held next after a triennial election.
(2) After the appointed day, the members of the Dublin Board of Assistance required by this Act to be appointed by the County Council and all the members of the Rathdown Board of Assistance and the Balrothery Board of Assistance respectively (other than members of any of the said boards appointed to fill casual vacancies) shall be appointed triennially by the County Council at the annual meeting of that Council held next after a triennial election.
(3) The term of office of a member of a board of assistance appointed under this Act after the appointed day (other than members appointed to fill casual vacancies and co-opted members of the Dublin Board of Assistance) shall begin at the commencement of the meeting of such board held next after the appointment of such member.
(4) The term of office of a member of a board of assistance (other than co-opted members of the Dublin Board of Assistance) shall terminate immediately before the commencement of the term of office of his successor.
Casual vacancies in boards of assistance.
12.—(1) Whenever a vacancy (in this Act referred to as a casual vacancy) occurs in the membership of a board of assistance by reason of the death, resignation, or disqualification of a member of such board (other than co-opted members of the Dublin Board of Assistance), a person shall be appointed to fill such vacancy—
(a) by the City Council in the case of a vacancy in the membership of the Dublin Board of Assistance occasioned by the death, resignation, or disqualification of a member thereof appointed by the City Council; and
(b) by the County Council in every other case.
(2) A person appointed under this section to fill a casual vacancy in the membership of a board of assistance shall hold office for the residue of the term for which the member whose death, resignation, or disqualification occasioned such vacancy would have held office if he had not died, resigned, or become disqualified.
Procedure, etc., of boards of assistance.
13.—(1) The law relating to the quorum, meetings, proceedings, and disqualification of members of boards of guardians shall apply to the quorum, meetings, proceedings, and disqualification of members of boards of assistance in like manner as it applies to the quorum, meetings, proceedings and disqualification of members of boards of guardians.
(2) The first meeting of a board of assistance shall be held at such hour, on such day, and at such place as shall be fixed in that behalf before the appointed day by the union committee whose functions are transferred by this Act to such board.
(3) A board of assistance may act notwithstanding one or more vacancies in its membership.
(4) The Minister for Local Government and Public Health may by order make such adaptations of and modifications in any Act relating to the quorum, meetings, proceedings, and disqualification of members of boards of guardians as may, in his opinion, be necessary to enable such Act to have full force and effect in relation to boards of assistance.
(5) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House shall, within the next twenty-one days on which such House has sat after such order is laid before it, pass a resolution annulling such order, such order shall be annulled accordingly without prejudice to the validity of anything previously done under such order.
The Appointed day.
14.—The Minister for Local Government and Public Health may by order appoint a day, not later than the 31st day of December, 1931, to be the appointed day for the purposes of this Act.
Short title and citation.
15.—(1) This Act may be cited as the Local Government (Dublin) (Amendment) Act, 1931.
(2) The Principal Act and this Act may be cited together as the Local Government (Dublin) Acts, 1930 and 1931.
SCHEDULE.
Sections and sub-sections of the Principal Act applied.
Section 4.
Sub-sections (1) and (3) of section 5.
Section 6.
Section 7.
Section 9.
Section 10.
Section 12.