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14 1937

LOCAL ELECTIONS ACT, 1937

PART III.

Temporary Provisions for Elections to the Council of the County Borough of Cork.

Definitions for the purposes of Part III.

15. —In this Part of this Act—

the expression “the Council” means the council of the county borough of Cork;

the expression “borough election” means an election of members of the Council.

Alteration of times for borough elections.

16. —(1) The Minister shall before the 30th day of September, 1940, by order appoint a day not later than the said 30th day of September, 1940, to be the appointed day for the purposes of this Part of this Act in respect of the Council.

(2) No borough election shall be held during the period beginning on the date of the passing of this Act and ending on the day before the day appointed under this section to be the appointed day in respect of the Council, but a borough election shall be held on the said day so appointed to be the appointed day and borough elections shall be held annually thereafter.

(3) In this Part of this Act the expression “the appointed day” means the day appointed under this section to be the appointed day in respect of the Council.

Provisions consequential on the alteration of the times of borough elections.

17. —The following provisions shall have effect in relation to the terms of office current at the passing of this Act of the members of the Council, that is to say:—

(a) as regards those members whose terms of office are due to expire on the fifth day after the borough election which would, but for this Act, be held in 1937, such terms shall continue until the fifth day after the appointed day,

(b) as regards those members whose terms of office are due to expire on the fifth day after the borough election which would, but for this Act, be held in 1938, such terms shall continue until the fifth day after the first borough election after the appointed day,

(c) as regards those members whose terms of office are due to expire on the fifth day after the borough election which would, but for this Act, be held in 1939, such terms shall continue until the fifth day after the second borough election after the appointed day.

Provisions in regard to certain terms of office.

18. —(1) This section applies to those members of any board, committee, or other body all or any of the members of which are required by law to be appointed triennially by the Council who are appointed by the Council and whose term of office is current at the passing of this Act.

(2) The term of office current at the passing of this Act of those members to which this section applies shall continue until the day after the day on which is held the quarterly meeting of the Council next after the appointed day.

(3) Every doubt, question, and dispute as to whether any particular member of any board, committee, or other body is or is not a member to whom this section applies shall be determined by the Minister whose decision thereon shall be final and conclusive.

Casual vacancies in the Council.

19. —(1) In this section the expression “casual vacancy” means any vacancy in the membership of the Council caused by the death, resignation or disqualification of a member thereof occurring but not filled before the passing of this Act or occurring after the passing of this Act and before the appointed day.

(2) Whenever a casual vacancy occurs the Council may, at any time thereafter in their absolute discretion, by resolution passed for that purpose after one week's notice to every member of the Council determine to fill such casual vacancy by co-option in accordance with this sub-section, and upon such resolution being passed the Council may either at the meeting at which such resolution was passed or any subsequent meeting thereof elect by the votes of a simple majority of the members of the Council present and voting at such meeting a person to fill such casual vacancy.

(3) A person co-opted under this section to fill a casual vacancy shall hold office in all respects as if he were the person whose vacancy he fills.

(4) This section shall have effect notwithstanding anything contained in section 4 of the Cork City Management Act, 1929 (No. 1 of 1929).

Remission of penalties for resignation from the Council.

20. —No member of the Council who shall resign his office as such member after the passing of this Act and before the appointed day shall be liable to any fine or other penalty for or on account of such resignation.

Saving from disqualification in relation to the Council.

21. —A member of the Council who has ceased or shall cease to be a local government elector in the functional area of the Council by reason of the coming into force of a new register of local government electors on any day after the passing of this Act and before the appointed day shall not, by reason only of such cesser, be disqualified from continuing to hold office as a member of the Council until the fifth day after the appointed day.

Removal of difficulties in regard to a certain quarterly meeting.

22. —Where by virtue of this Act the borough election due to be held in the year 1937 is not so held and no date is appointed by the Council for the holding of the quarterly meeting of the Council which is required by law to be held during the period beginning on the 23rd day of June, 1937, and ending on the 1st day of July, 1937, or there is or shall be any other difficulty in regard to such meeting, the Minister may by order make such provision in regard to such meeting (including appointing a date for the holding thereof) as shall appear to him necessary for securing that such meeting shall be duly held within the said period and that the business of such meeting shall be duly transacted thereat.

Adaptation of enactments in regard to the Council.

23. —Every statute, order, and regulation relating to borough elections of members of the Council or to the meetings of the Council shall, in so far as it relates to any borough election which takes place on the appointed day or to meetings of the Council after the passing of this Act and before the appointed day, have effect subject to the provisions of this Part of this Act, and the Minister may by order make such adaptations or modifications in any such statute, order, or regulation as may in his opinion be necessary to enable such statute, order, or regulation to have effect in accordance with this section.