Number 41 of 1935.
LOCAL GOVERNMENT (DISSOLVED AUTHORITIES) ACT, 1935.
ARRANGEMENT OF SECTIONS
Section | |
Election of members of dissolved local authority where nominations are insufficient. | |
Acts Referred to | |
No. 5 of 1925 | |
No. 14 of 1927 | |
No. 19 of 1931 | |
Number 41 of 1935.
LOCAL GOVERNMENT (DISSOLVED AUTHORITIES) ACT, 1935.
Definitions.
1.—In this Act—
the expression “the Minister” means the Minister for Local Government and Public Health;
the expression “local authority” has the same meaning as it has in the Local Government Act, 1925 (No. 5 of 1925);
the expression “the principal section” means section 72 of the Local Government Act, 1925 (No. 5 of 1925), as amended by the Local Elections (Dissolved Authorities) Act, 1927 (No. 14 of 1927), and the Local Government Act, 1931 (No. 19 of 1931); the expression “subsidiary body” has the same meaning as it has in the Local Government Act, 1931 (No. 19 of 1931).
Local authorities dissolved before the passing of this Act.
2.—(1) Where—
(a) a local authority was dissolved more than three years before the passing of this Act by an order made by the Minister under the principal section, and
(b) for any reason, no election of members of such local authority in pursuance of sub-section (5) of the principal section was completed within the period of three years mentioned in that sub-section, and
(c) an election of members of such local authority was completed after the expiration of the said period of three years and before the passing of this Act,
such local authority shall be deemed to have continued to be dissolved by virtue of the said order until the completion of such election and such election shall, for the purposes of the principal section, be deemed to have been held in pursuance of sub-section (5) of that section, and the principal section shall apply and have effect and be deemed to have applied and had effect accordingly.
(2) Where—
(a) a local authority was dissolved before the passing of this Act by an order made by the Minister under the principal section, and
(b) before the passing of this Act the Minister in pursuance of sub-section (5) of the principal section, or any other enactment, fixed a day for the holding of an election of members of such local authority, and
(c) at the election held on the day so fixed either no candidates were nominated or the number of candidates nominated was less than the quorum at meetings of such local authority,
such local authority shall be deemed to have continued to be dissolved by virtue of the said order until the passing of this Act and to stand so dissolved at such passing, and such local authority shall continue after such passing to be so dissolved and the principal section shall apply thereto with the modification that in the application of sub-section (5) of that section to such local authority the period of three years mentioned in that sub-section shall be reckoned from the said day which was so fixed by the Minister.
Duration of dissolution under the principal section.
3.—The following provisions shall apply and have effect in relation to every local authority which, at the passing of this Act, stands, or is deemed by this Act so to stand, dissolved by virtue of an order made by the Minister under the principal section and to every local authority which, after the passing of this Act, shall be dissolved by an order made by the Minister under the principal section, that is to say:—
(a) in this section the expression “the newly elected members of such local authority” means the members of such local authority elected at a completed election held or deemed by this section to be held in pursuance of sub-section (5) of the principal section;
(b) every such local authority shall continue to be so dissolved until the newly elected members of such local authority have come into office;
(c) such local authority shall cease to be dissolved immediately upon the coming into office of the newly elected members of such local authority;
(d) notwithstanding anything contained in sub-section (5) of the principal section, the vesting under that sub-section of all the property, powers, and duties of such local authority in the body elected under that sub-section shall take place immediately upon the coming into office of the newly elected members of such local authority;
(e) the newly elected members of such local authority shall come into office on the day on which they would by law have come into office if the election at which they were elected had been an election held otherwise than in pursuance of sub-section (5) of the principal section;
(f) where, within the period of three years mentioned in sub-section (5) of the principal section, a day within that period is fixed for the holding of an election in pursuance of that sub-section and either—
(i) such election is held on the day so fixed but is, for any reason, not completed until after the expiration of such period, or
(ii) such election is, for any reason, held on a subsequent day (whether before or after the expiration of the said period) and is completed after such expiration,
then and in any such case such election shall be deemed for all purposes to be an election held in pursuance of sub-section (5) of the principal section.
Abortive election of members of dissolved local authority.
4.—(1) Whenever, after the passing of this Act, the Minister, in pursuance of sub-section (5) of the principal section or in pursuance of that sub-section as applied and modified by this section, fixes a day for the holding of an election of members of a local authority dissolved by an order made by the Minister under the principal section (whether such local authority was so dissolved before or is so dissolved after the passing of this Act) and at the nomination of candidates for such election either no candidates are nominated or a number of candidates less than the quorum for meetings of such local authority is nominated, such election shall not be proceeded with, and such local authority shall continue to be dissolved by virtue of the principal section and the relevant order thereunder, and the principal section shall continue to apply in respect of such local authority but with the modification that the period of three years mentioned in sub-section (5) of the principal section shall be reckoned from the said day which was fixed by the Minister for the holding of the said election.
(2) The foregoing sub-section of this section shall apply and have effect in relation to any particular local authority so often as the circumstances mentioned in that sub-section shall occur in relation to such local authority.
Election of members of dissolved local authority where nominations are insufficient.
5.—Whenever, after the passing of this Act, an election of members of a local authority is held in pursuance of sub-section (5) of the principal section (whether such local authority was dissolved before or is dissolved after the passing of this Act) and the number of candidates nominated at such election is less than the full number of members to be elected at such election but is not less than the quorum for meetings of such local authority, such local authority shall be validly constituted by virtue of such election notwithstanding the vacancies in its membership existing by reason of the said deficiency in the number of members elected at such election, and the said vacancies shall be filled in the manner in which casual vacancies in the membership of such local authority are required by law to be filled.
Date of completion of election.
6.—For the purposes of the principal section and for the purposes of this Act an election of members of a local authority shall be deemed to be completed when and not before the returning officer at such election declares the persons elected at such election to be so elected.
Continuance of orders under the principal section.
7.—Where a local authority dissolved (whether before or after the passing of this Act) by an order made by the Minister under the principal section is, by this Act or by the operation of a provision contained in this Act, continued to be dissolved after the day on which it would have ceased to be dissolved if this Act had not been passed, every order made by the Minister under the principal section while such local authority is so dissolved in relation to such local authority or in relation to a subsidiary body of such local authority shall, subject to any amendment or revocation of such order lawfully made, continue to apply to such local authority so long as it continues to be so dissolved, but with such modifications as may be necessary in the circumstances.
Election petition on refusal of nomination.
8.—Where, after the passing of this Act, the date for the holding of an election in pursuance of sub-section (5) of the principal section is fixed but such election is not proceeded with because of a decision of the returning officer refusing to accept one or more nominations of candidates at such election, the said 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.
Provision for matters consequential on election petition.
9.—Where an election of members of a local authority is held and completed in pursuance of sub-section (5) of the principal section after the passing of this Act and subsequently the Court trying an election petition in relation to such election declares that such election was void or makes an order by virtue of which the total number of persons validly elected at such election is less than the quorum at meetings of such local authority, the following provisions shall have effect, that is to say:—
(a) for the purposes of this Act (except this section) the said election shall be deemed not to have been completed and this Act (except as aforesaid) shall apply accordingly;
(b) every act of the persons who were declared elected at such election which was done during the period between the completion of such election and the determination of such election petition and which purported to be the act of such local authority shall be as valid and effectual as the same would have been if all such persons had been validly elected and qualified to act as members of such local authority;
(c) the Minister shall, as soon as may be after the determination of such election petition, cause a fresh election of members of such local authority to be held in pursuance of sub-section (5) of the principal section and that sub-section shall apply as if such fresh election were held within the period of three years limited thereby.
Evidence of nominations.
10.—A certificate under the hand of the returning officer at an election of members of a local authority stating the number of persons who were duly nominated for such election shall, for the purposes of this Act, be conclusive evidence of the number of persons so nominated.
Short title.
11.—This Act may be cited as the Local Government (Dissolved Authorities) Act, 1935.