First Previous (PART V. Approved Local Councils in County Boroughs.) Next (FIRST SCHEDULE. Enactments Repealed.)

9 1955

LOCAL GOVERNMENT ACT, 1955

PART VI.

Miscellaneous.

Amendment of sections 76 to 79 of Act of 1946.

53. —(1) Section 76 of the Act of 1946 is hereby amended by the addition of the following subsection:—

“(11) (a) The council of an urban district or the commissioners of a town may cause a list of the ratepayers in the urban district or town to be prepared, and such list when adopted, with or without alterations, by the council or commissioners shall, for the purposes of this section, be the list of ratepayers in the said district or town.

(b) Adoption under this subsection of a list of ratepayers shall be a reserved function.”

(2) Section 77 of the Act of 1946 is hereby amended by the substitution of the following subsection for subsection (4):—

“(4) (a) Where a townland or a non-municipal town is wholly situate in a particular county, the council of the county may cause a list of the ratepayers in the townland or non-municipal town to be prepared, and such list when adopted, with or without alterations, by the council shall, for the purposes of this section, be the list of ratepayers in the said townland or non-municipal town.

(b) Where part only of a townland or a non-municipal town is situate in a particular county, the council may cause a list of the ratepayers in the part of the townland or non-municipal town which is situate in the county to be prepared, and such list when adopted, with or without alterations, by the council shall, for the purposes of this section, be the list of ratepayers in the said part.

(c) Adoption under this subsection of a list of ratepayers shall be a reserved function.”

(3) Section 78 of the Act of 1946 is hereby amended by the substitution for subsection (5) of the following subsections:—

“(5) (a) The appropriate authority may cause a list of the ratepayers in a street to be prepared, and such list when adopted, with or without alterations, by the appropriate authority shall, for the purposes of this section, be the list of ratepayers in the street.

(b) Adoption under this subsection of a list of ratepayers shall be a reserved function.

(6) In this section—

the word ‘street’ includes part of a street and also the whole or part of any road, square, lane or other public place,

the expression ‘appropriate authority’ means—

(a) as respects a street wholly situate, or a building or other erection situate, in a county, the council of the county,

(b) as respects a street wholly situate, or a building or other erection situate, in a county or other borough, the corporation of the borough,

(c) as respects a street wholly situate, or a building or other erection situate, in an urban district, the council of the urban district,

(d) as respects a street wholly situate, or a building or other erection situate, in a town, the commissioners of the town, and

(e) as respects any other street, such two of the said local authorities as may be appropriate acting jointly.”

(4) In sections 76 to 79 of the Act of 1946 (including the subsections added by the foregoing subsections of this section) “ratepayer” shall, with respect to a small dwelling within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928), of which the owner within the meaning of that Act is not also the occupier, mean the occupier and not the owner.

Grants by county council towards provision of building by approved local council.

54. —(1) Section 73 of the Act of 1941 is hereby amended by the addition of the following subsections:—

“(4) The county council may—

(a) make a grant to an approved local council towards the provision by the local council of a building for public or other meetings and for lectures, exhibitions, general recreation or other similiar social objects, and

(b) as a condition of making the grant, require the local council to enter into such agreements with the county council (including agreements governing the use and disposal of the building) as the county council consider proper.

(5) An agreement under paragraph (b) of subsection (4) of this section may provide for the repayment by the approved local council of the whole or part of the grant (inclusive of such (if any) charges as may be made by the county council in respect of the grant) at such times and in such manner as the county council consider proper.

(6) The county council may, for the purposes of this section, borrow in the same manner as they may borrow for the purpose of defraying expenses under the Local Government (Sanitary Services) Act, 1878 to 1952.

(7) Money borrowed pursuant to this section may be lent to the county council by means of an issue from the local loans fund as if such loan constituted a local loan within the meaning of the Local Loans Fund Acts, 1935 to 1953, and was authorised by an Act of the Oireachtas.”

(2) Functions of the council of a county under subsection (1), (2), (3) or (4) of section 73 of the Act of 1941 shall be reserved functions.

Contribution to body providing swimming facilities.

55. —(1) This section applies to a local authority being a sanitary authority for the purposes of the Local Government (Sanitary Services) Acts, 1878 to 1952.

(2) A local authority to whom this section applies, may, with the consent of the Minister and subject to such terms and conditions as they think fit, contribute to the funds of a society, club, committee or other body providing or proposing to provide swimming facilities.

(3) A local authority to whom this section applies may borrow for the purpose of making a contribution under this section in the same manner as they may borrow for the purpose of defraying expenses under the Local Government (Sanitary Services) Acts, 1878 to 1952.

(4) Money borrowed pursuant to this section may be lent to a local authority by means of an issue from the local loans fund as if such loan constituted a local loan within the meaning of the Local Loans Fund Acts, 1935 to 1953, and was authorised by an Act of the Oireachtas.

(5) The making of contributions under this section shall be a reserved function.

Decorations.

56. —(1) The corporation of a borough other than a county borough, the council of an urban district or the commissioners of a town may authorise the expenditure of moneys on the decoration of the borough, urban district or town on occasions of public rejoicing and other appropriate occasions.

(2) The expenses incurred under this section in any local financial year by the corporation of a borough, the council of an urban district or the commissioners of a town shall not exceed the amount of a rate of three pence in the pound on the rateable valuation of the borough, urban district or town.

(3) Authorisation of expenditure under this section shall be a reserved function.

Contribution to body providing museum.

57. —(1) The council of a county or corporation of a county borough may, with the consent of the Minister, contribute to the funds of a society, committee or other body providing or proposing to provide a museum for the reception of objects of local antiquarian interest and may assist such society, committee or other body by providing a building for their use, supplying them with furniture, office equipment and stationery or by paying the whole or part of the remuneration of any person employed in relation to the museum.

(2) The making of contributions or the granting of assistance under this section shall be a reserved function.

Alteration of market charges, etc.

58. —(1) Where a limit is imposed by statute on the amount of a rent, toll, stallage, fee or other charge which may be demanded or taken by a local authority in relation to a market or fair, or in respect of the use of or for services provided by means of an abattoir or slaughter-house, the reference in the statute to the limit shall be construed as including a reference to such different limit as may be substituted therefor by the local authority from time to time with, in the case of an abattoir or slaughter-house, the consent of the Minister for Agriculture (given after consultation with the Minister) and, in any other case, the consent of the Minister (given after consultation with the Minister for Agriculture).

(2) Substitution under this section shall be a reserved function.

Exercise or performance of power, function or duty by local authority for another local authority or for other statutory body.

59. —(1) Where—

(a) a local authority are of opinion that it would be more convenient that any power, function or duty which may be exercised or performed by them should be exercised or performed, whether generally or in a particular case, by another local authority, and

(b) the other local authority are able and willing so to exercise or perform the power, function or duty,

the authorities may enter into an agreement that the power, function or duty shall be so exercised or performed on behalf of the first-mentioned authority by the other, and it shall thereupon become so exercisable or performable by the other authority.

(2) Where—

(a) a body, being a body established by statute and not being a local authority, are of opinion that any power, function or duty which may be exercised or performed by them should be exercised or performed, whether generally or in a particular case, by a local authority, and

(b) the local authority are able and willing so to exercise or perform the power, function or duty,

the body and the local authority may enter into an agreement that the power, function or duty shall be so exercised or performed on behalf of the body by the local authority, and it shall thereupon become so exercisable or performable by the local authority.

(3) This section is without prejudice to section 47 of the Health Act, 1953 (No. 26 of 1953), and an agreement shall not be made under this section in a case in which an arrangement could be made under the said section 47.

(4) Entry under this section into an agreement shall be a reserved function.

Advisory Committees.

60. —(1) A local authority may appoint such and so many committees as they think fit to consider any matters connected with the functions of the local authority (exclusive of matters referred to in subsection (4) of section 22 of the National Monuments Act, 1930 (No. 2 of 1930), or subsection (1) of section 48 of the Health Act, 1953 (No. 26 of 1953)) and to advise the local authority on those matters.

(2) A committee under this section shall consist of not less than three members and may be composed wholly of members of the local authority by whom they were appointed, or partly of such members and partly of other persons.

Regulations with respect to meetings, etc.

61. —(1) The Minister may by regulations make provision in relation to all or any local authorities with respect to all or any of the following matters:—

(a) summoning and holding of meetings,

(b) procedure,

(c) making of contracts,

(d) accounts,

(e) audit of accounts,

(f) matters which are subsidiary or ancillary to any of the foregoing matters.

(2) From and after the commencement of regulations under this section, the matters with respect to which the regulations were made shall, as respects any local authority concerned, be governed by the provisions of the regulations, and any previous provisions, whether made by or under statute, applying to that authority and relating to those matters shall cease to have effect as respects that authority.

(3) Regulations under this section relating to—

(a) mental hospital authorities within the meaning of the Mental Treatment Act, 1945 (No. 19 of 1945),

(b) joint boards established by order under section 45 of the Health Act, 1953 (No. 26 of 1953), or

(c) consultative health committees appointed under section 48 of the Health Act, 1953 , or under regulations made under that section,

shall not be made save with the consent of the Minister for Health.

(4) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Standing Orders for regulation of proceedings.

62. —(1) A local authority may make standing orders for the regulation of their proceedings, other than proceedings the regulation of which is provided for by or under statute (including this Act), and may amend or revoke such standing orders.

(2) Standing orders in force immediately before the commencement of this section shall continue in force notwithstanding the repeal by this Act of the powers under which they were made and may be amended or revoked by standing orders under this section.

Separate appearance at local inquiry by manager.

63. —Section 90 of the Act of 1946 is hereby amended as follows:

(a) by the substitution in subsection (1) of “the manager for the local authority may, with the consent of the Minister, appear separately at the inquiry and such appearance may be personal or by counsel or solicitor” for “the Minister may, if he so thinks proper, order that the manager for the local authority may appear separately at the inquiry”, and

(b) by the substitution for subsection (2) of the following subsection:

“(2) Where the manager for a local authority appears separately at a local inquiry pursuant to subsection (1) of this section, the employment and instruction of the counsel or solicitor appearing at the inquiry on behalf of the local authority shall be a reserved function.”

Contribution towards costs and expenses in relation to local inquiry.

64. —Section 91 of the Act of 1946 is hereby amended by the insertion in subsection (1) after “Where a local inquiry has been held under section 83 of the Act of 1941” of “or has been held at the instance of the Minister under any other Act” and by the insertion in that subsection after “in relation to the inquiry” of “(including the costs and expenses reasonably incurred by a manager appearing separately pursuant to subsection (1) of section 90 of this Act)”.

Incorporation of commissioners of town which is not an urban district.

65. —The following provisions shall have effect in relation to the commissioners of a town which is not an urban district:—

(a) the commissioners shall become and be for all purposes a body corporate with perpetual succession by the name of “the _______ Town Commissioners” (the name of the town being inserted);

(b) the commissioners may sue and be sued in their corporate name and may hold and dispose of land for the purposes of their powers and duties;

(c) the commissioners shall have a common seal which shall be judicially noticed;

(d) all property which, immediately before the commencement of this section, was vested in or held in trust by any person for the purposes of the commissioners shall, without any conveyance or assignment, become and be vested in the commissioners;

(e) if at any time an order is made under section 76 of the Act of 1946 changing the name of the town, the name of the commissioners shall, as from the coming into operation of such order, stand changed correspondingly.

Revocation of order prohibiting temporary dwellings.

66. —(1) An order made by a sanitary authority under section 31 of the Local Government (Sanitary Services) Act, 1948 (No. 3 of 1948), may be revoked—

(a) in case it is an order which has come into force pursuant to paragraph (a) of subsection (8) of that section—by order made by the authority with the consent of the Minister or by order made by the Minister after consultation with the authority, and

(b) in any other case—by order made by the authority with the consent of the Minister.

(2) The making by a sanitary authority of an order under this section shall be a reserved function.

Travelling, etc., expenses.

67. —(1) Section 80 of the Act of 1941 and section 67 of the Act of 1946, and those sections as applied by section 8 of the Public Libraries Act, 1947 (No. 40 of 1947), shall have effect subject to the following amendments:—

(a) every reference to a person's official residence shall be construed as a reference to his ordinary place of residence,

(b) subsection (6) of the said section 80 shall be deleted,

(c) “one mile” shall be substituted in subsection (7) of the said section 67 for “three miles”,

(d) the following paragraphs shall be added to subsection (7) of the said section 67:

“Where—

(i) a member of the council of a county or of a joint mental hospital board attends a meeting of the council or board at a place less than five miles by any route from his official residence and is obliged by reason of such attendance to remain away from his home for a continuous period of not less than three hours, and

(ii) a resolution by the council or board deciding that this paragraph is to apply in relation to the council or board is for the time being in force,

the council or board shall pay to the member in relation to the meeting an inclusive allowance (not exceeding an amount specified by the prescribed rules) in respect of travelling expenses and subsistence, and such allowance shall, in a case in which, apart from this paragraph, an allowance would be payable under the first paragraph of this subsection, be in lieu of, and not in addition to, that allowance.

A resolution under the second paragraph of this subsection may be revoked at any time by another resolution of the council or board concerned.

The passing of a resolution under the second or third paragraph of this subsection shall be a reserved function.”

(2) Every member of a body to whom the said sections or the said sections as applied as aforesaid apply shall, immediately after becoming such member, communicate in writing to the body the address at which he ordinarily resides and shall similarly communicate any subsequent change of his address.

Alteration of boundaries of certain public assistance districts.

68. —(1) Section 7 of the Public Assistance Act, 1939 (No. 27 of 1939), is hereby amended by the addition of the following subsections:—

“(4) Notwithstanding any other provision of this Act, the Minister may, with the consent of the Minister for Health, by order alter the boundaries of the Dublin Public Assistance District, the Rathdown Public Assistance District or the Balrothery Public Assistance District, and the order shall make such consequential alterations in the boundaries of any adjoining public assistance district as the Minister considers appropriate.

(5) Where the Minister proposes to make an order under subsection (4) of this section—

(a) he shall furnish a statement of his proposals for consideration, during a period specified by the Minister, by the council of the county of Dublin and shall consider any observations which they may make on the statement during that period, and

(b) he shall furnish a statement of his proposals for consideration, during a period specified by the Minister, by the corporation of Dublin and shall consider any observations which they may make on the statement during that period.”

(2) Where a statement is furnished under subsection (5) of section 7 of the Public Assistance Act, 1939 , the making of observations thereon shall be a reserved function.

Provision of money for certain public assistance authorities.

69. Section 53 of the Public Assistance Act, 1939 (No. 27 of 1939), is hereby amended by the insertion after “Where a public assistance district consists of a county borough and a county or part of a county” of “or consists of a part of a county borough and a part of a county”.