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44 1934

LOCAL GOVERNMENT (AMENDMENT) (No. 2) ACT, 1934

PART II.

Division of Counties into two or more County Health Districts.

Dividing orders.

5.— (1) On the request at any time (whether before or after the passing of this Act) of the council of a county, the Minister may, if he so thinks fit, make an order (in this Act referred to as a dividing order)

(a) declaring that there shall be, as from the commencement of such order, a specified number (not less than two) of rural sanitary districts in such county, and

(b) specifying the portion of such county which is to be included in and constitute each such rural sanitary district and, so far as may be requisite, defining the boundaries of each such rural sanitary district, and

(c) appointing a day, not less than three months after the date of such order, to be the appointed day for the purposes of such order.

(2) Every dividing order shall come into operation on the day which is appointed by such order to be the appointed day for the purposes thereof.

Alteration of number of members of the county council.

6.— (1) Whenever the Minister has made a dividing order, he may, if he so thinks fit on the request of the council of the county to which such dividing order relates, by order, made at any time before the day which is the appointed day for the purposes of such dividing order, alter in such manner as he shall think fit the number of members of such council.

(2) An order made by the Minister under this section shall, without any confirmation by the Oireachtas, come into operation and have effect on and after the first election of the members of the council to which such order relates held after the said appointed day.

Alteration of county electoral areas.

7.— (1) Where the Minister has made a dividing order and either or both of the following circumstances exist, that is to say:

(a) one or more of the county electoral areas in the county to which such dividing order relates is, at the date of such order, situate partly in one and partly in another or others of the new rural sanitary districts constituted by such order, and

(b) the Minister has altered, under the power in that behalf conferred on him by this Act, the number of members of the council of such county,

the Minister shall, in exercise of the powers in that behalf vested in him by section 1 of the Local Government (Ireland) Act, 1919, make a new division of the said county into county electoral areas and shall so make such division that every county electoral area in such county shall be wholly within one or other of the said new rural sanitary districts.

(2) Whenever the Minister, in pursuance of this section, divides a county into county electoral areas he shall fix the number of the members of the council of such county to be elected for each such county electoral area.

Effect of a dividing Order.

8.— Whenever the Minister has made a dividing order the following provisions shall, on and from the day which is the appointed day for the purposes of such order, have effect in relation to the county to which such order relates, that is to say:

(a) the area of such county which is, at the date of such order, a rural sanitary district shall cease to be a rural sanitary district;

(b) there shall be constituted by virtue of such order in such county the number of rural sanitary districts specified in such order, and each such rural sanitary district shall contain the portion of such county specified in that behalf in such order;

(c) the council of such county shall be the sanitary authority for each of the said rural sanitary districts so constituted;

(d) each of the said rural sanitary districts shall be a county health district within the meaning of the Principal Acts and shall be called by the name of the “county Health District of_____________” (with the addition of the name of the county and such distinguishing name as the Minister shall direct);

(e) subject to the provisions of this Act, the Principal Acts shall apply and have effect in and in relation to every such rural sanitary district and county health district as if such district had been constituted by an order made under sub-section (2) of section 9 of the Act of 1925;

(f) if there is a board of public health in and for such county at the date of such order, such board shall be dissolved and cease to exist.

The boards of health of new districts.

9.— (1) Rules 1, 2, 6, 7, and 8 of the Second Schedule to the Act of 1925 shall not apply or have effect in relation to the board of health of a county health district constituted under this Act.

(2) The board of health of every county health district constituted under this Act shall

(a) on and from the day which is the appointed day for the purposes of the relevant dividing order until the first annual meeting of the council of the county in which such county health district is situate held after the election of the members of such council held next after the date of the said dividing order, consist of such and so many members as such council shall direct and shall elect from amongst their members, and

(b) from and after the said first annual meeting, consist of the members of such council elected for the county electoral area or areas comprised in such county health district.