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23 1941

LOCAL GOVERNMENT ACT, 1941

PART I.

Preliminary and General.

Short title and collective citation.

1. —(1) This Act may be cited as the Local Government Act, 1941.

(2) This Act and the Acts mentioned in the First Schedule to this Act may be cited together as the Local Government Acts, 1925 to 1941.

Definitions.

2. —(1) In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the expression “the Act of 1923” means the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923);

the expression “the Act of 1925” means the Local Government Act, 1925 (No. 5 of 1925);

the expression “the Act of 1926” means the Local Authorities (Officers and Employees) Act, 1926 , (No. 39 of 1926);

the expression “the Act of 1927” means the Local Government Act, 1927 (No. 3 of 1927);

the word “hereditament” includes a tenement;

the word “prescribed” means prescribed by the Minister by regulations made under this Act.

(2) Each of the following bodies (whether corporate or unincorporated) shall be a local authority for the purposes of this Act and the Acts which may be collectively cited with this Act, that is to say:—

(a) a council of a county, a corporation of a county or other borough, a council of an urban district, a public assistance authority, commissioners of a town, a port sanitary authority, and

(b) a committee or joint committee or board or joint board (whether corporate or unincorporated) appointed by or under statute to perform the functions or any of the functions of any of the bodies mentioned in the immediately preceding paragraph of this sub-section, and

(c) a committee or joint committee or board or joint board (whether corporate or unincorporated), other than a vocational education committee or a committee of agriculture of or appointed by one or more of the bodies mentioned in paragraph (a) of this sub-section.

(3) No body which by any enactment in force immediately before the commencement of this section is declared to be a local authority for the purpose of any particular provision of the Acts which may be collectively cited with this Act shall cease to be a local authority for such purpose by reason only of the provisions of the immediately preceding sub-section of this section.

(4) Notwithstanding anything contained in this section, every reference in this Act to a meeting, member, committee, member of a committee, or meeting of a committee of a local authority shall, where the local authority in question is a corporation of a county or other borough, be construed as a reference to a meeting, member, committee, member of a committee, or meeting of a committee (as the case may be) of the council established by law in respect of such county or other borough.

Commenoement.

3. —This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

Regulations.

4. —The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

Repeals.

5. —The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.