The Local Government (Temporary Provisions) Act, 1923.

MINISTRY OF LOCAL GOVERNMENT. 14/12/1923: ADJUSTMENT (DIVIDED UNIONS) No. 1 ORDER, 1923

No. 53,224/1923.

To the Council of each of the Administrative Counties, the names of which are set out in Columns II and III of the Schedule to this Order; and to all whom it may concern:

WHEREAS it is provided by sub-section (2) of Section 7 of the Local Government (Temporary Provisions) Act, 1923 (hereinafter referred to as " the Act ") that where the functional area of any Board of Guardians abolished under a County Scheme extended outside the County to which the County Scheme relates so much only as the Minister for Local Government shall appoint of the property, debts and liabilities of such Board shall pass to or be defrayed by the Council of that County under the said subsection:

And whereas it is further provided by Section 20 of the Act amongst other things that I, the Minister for Local Government may, by order, make rules for carrying the Act and the County Schemes made thereunder into effect and in particular for regulating the transfer of the property and liabilities of any public body abolished under the Act and any adjustment of rights, duties and liabilities required for the purposes of the Act :

And whereas the Unions, the names of which are set out in Column I of the Schedule to this Order extended into the Administrative Counties, the names of which are set out opposite thereto in Column II of the said Schedule, and the workhouse of each of the said Unions was situate in the Administrative County set out opposite thereto in Column III :

And whereas the Boards of Guardians of the said Unions are public bodies which have been abolished under the Act and the County Schemes relating to the Administrative Counties specified in Column II of the said Schedule, and have ceased to exist, and it is necessary and expedient that I should appoint and make the rules hereinafter appearing with respect to the property, debts and liabilities of the said Boards of Guardians:

Now, therefore, I, the Minister for Local Government, in pursuance of the powers vested in me by the said sub-section (2) of Section 7, and the said Section 20 of the Act, and in exercise of all powers in this behalf enabling me, do by this my Order, appoint with respect to the property, debts and liabilities of the said Boards of Guardians, and do make the following rules with respect to the transfer of the property, debts and liabilities of the said Boards of Guardians as follows, that is to say:—

1. This Order may be cited as the Adjustment (Divided Unions) No. 1 Order, 1923.

2. The Interpretation Act, 1889, applies for the purpose of the interpretation of this Order as it applies to the interpretation of an Act of the Oireachtas.

3. In this Order, unless the context otherwise requires:

The expression " board of guardians " means one or other of the boards of guardians now abolished of the unions specified in the Schedule to this Order.

The expression " the union " means one or other of the unions specified in Column I of the Schedule to this Order, as constituted prior to the coming into operation of any County Scheme affecting the same.

The expression " administrative county " includes a county borough.

4. This Order may be amended, modified, or varied by me, the Minister for Local Government, by any subsequent Order made with reference to any of the unions specified in Column I of the Schedule to this Order.

5. Subject to the provisions of any Article to the contrary herein contained all the property, debts and liabilities of the board of guardians (including the liability for the repayment of outstanding loans) shall pass to and be defrayed by the council of the administrative county in which the workhouse of the union was situate : Provided that the council of an administrative county into which the union extended or other local authority affected by the Act or a county scheme relating to the union shall in adjustment of the transfer of the property, debts and liabilities as aforesaid make such payment either by way of an annual or capital sum as shall be determined by me, the Minister for Local Government, after due inquiry, to be just and proper.

6. All lands, tenements and hereditaments of any tenure, held by or in trust for the board of guardians in so far as the same are situate in the administrative counties into which the union extended, shall pass to and vest in and be held in trust for the council of each of the said administrative counties respectively, subject to any debts or liabilities (including the repayment of loans outstanding) affecting the same, for the same estate and interest and subject to the same covenants, conditions and restrictions as and subject to which the said lands, tenements and hereditaments were held by the board of guardians.

7.—(a) The contribution payable by the council of an administrative county into which the union extended, in pursuance of sub-section (3) of Section 11 of the Act, to the council of the administrative county in which the workhouse belonging to such union was situate in respect of the pensions of the pensionable officers of such union, shall bear such proportion to the whole amount of any such pensions as the rateable valuation of the portion of the union situate in the first mentioned administrative county bore to the total rateable valuation of such union for the local financial year ended the 31st day of March, 1922.

(b) The said contribution shall be payable in half-yearly instalments at the close of each half of the local financial year.

8. Where any officer of the board of guardians whose office has been abolished under or in pursuance of a county scheme has been lawfully granted a gratuity, the liability for the payment of which is under this Order transferred to the Council of the County in which the Workhouse of the Union was situate, the Council of that County shall on payment of any such gratuity, be entitled to recover from the council of any adjoining county into which the Union extended a proportionate part thereof calculated in the manner hereinbefore provided with respect to pensions.

9. Where any officer who was appointed for the service of a dispensary district of the union has been continued in office under a county scheme, the council of an administrative county into which the union extended and to which such county scheme does not relate shall not be under any liability to contribute towards any superannuation allowance or gratuity which may hereafter be lawfully granted to any such officer.

10. Where any officer of the board of guardians of the union other than an officer of a dispensary district has been continued in office under a county scheme, the council of an administrative county into which the union extended and to which such county scheme does not relate shall make such contribution towards any superannuation allowance or gratuity which may hereafter be lawfully granted to any such officer as shall be determined by me, the Minister for Local Government, to be just and proper.

11. Where under the provisions of this Order any sum of money is required to be paid by the council of an administrative county or other local authority to defray any debts or liabilities hereby transferred to them or to make any contribution under this Order such sum or contribution may be paid as part of the general expenses of exercising their duties or in the case of a county out of the county fund, or in the case of any other local authority out of such fund as I, the Minister for Local Government, may direct.

12. The payment of any capital sum under the provisions of this Order shall be a purpose for which the council of an administrative county or other local authority shall, with the sanction of the Minister for Local Government, be authorised to borrow under the Acts relating to such Council or Authority on the security of all or any of the funds, rates and revenues of the council, who may as a condition of such sanction require that such borrowing be on such terms and for such period as he shall approve.

13. Any capital sum paid to any local authority for the purpose of any adjustment under this Order shall be treated as capital, and applied, with the sanction of the Minister for Local Government, either in repayment of debt or for any other purpose for which capital money may be applied.

GIVEN under My Seal of Office, this Fourteenth day of December, in the Year of Our Lord One Thousand Nine Hundred and Twenty-three.

(Signed) SÉAMUS DE BÚRCA,

Minister for Local Government.

SCHEDULE REFERRED TO IN THE FOREGOING ORDER.