Ministry Of Local Government.

14/12/1923: ADJUSTMENT (DIVIDED UNIONS) No. 2 ORDER, 1923

No. 53,224/1923.

To the Guardians of the Poor of each of the Unions the names of which are set out in Column I of the First Schedule and Column IV of the Second Schedule to this Order; to the Councils of the Administrative Counties, the names of which are set out in Column III of the First and Second Schedules 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 Sub-Section:

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 functional area of the board of guardians of each of the Unions mentioned in Column I of the First Schedule to this Order, as constituted prior to the coming into operation of any County Scheme affecting the same, extended into the administrative counties the names of which are set out opposite thereto in Column II of the said Schedule, and the said boards of guardians were abolished only in so far as they exercised functions within the administrative counties the names of which are set out in Column III of the said Schedule, and each of the said Unions now comprises only that portion of the former Union comprised within each of the administrative counties the names of which are set out in Column IV of the said Schedule:

And whereas the functional area of the board of guardians of each of the unions mentioned in Column I of the Second Schedule to this Order as constituted prior to the coming into operation of any county scheme affecting the same extended into the administrative counties the names of which are set out in Column II of the said Schedule, and the said boards of guardians were abolished under or in pursuance of a County Scheme in so far as they exercised functions within the administrative counties, the names of which are set out in Column III of the said Schedule and the said unions as constituted after the coming into operation of any County Scheme affecting the same, have by various orders under my seal of office been dissolved, and the several townlands and places comprised therein have been added to and now respectively form part of the Unions, the names of which are set out in Column IV of the said Schedule:

And whereas it is necessary and expedient that I, the Minister for Local Government, should order and appoint with respect to the transfer of the property, debts and liabilities of the said boards of guardians in manner hereinafter appearing:

Now, therefore, I, the Minister for Local Government, in pursuance of sub-section 2 of Section 7, and of Section 20 of the Act, the Poor Relief (Ireland) Acts, 1838 to 1914, the Local Government Board (Ireland) Act, 1872, and the Local Government (Ireland) Acts, 1898 to 1919, and in exercise of all powers in this behalf enabling me do by this, my Order, declare and appoint and do make the following rules with respect to the transfer and adjustment of the property, debts and liabilities of the said boards of guardians, that is to say:—

1. This Order may be cited as the Adjustment (Divided Unions) No. 2 Order, 1923.

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

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

(i) The expression " the Union " means one or other of the Unions mentioned in Column I of the First and Second Schedules to this Order, as constituted prior to the coming into operation of any County Scheme affecting the same.

(ii) The expression " altered Union " means one or other of the Unions mentioned in Column I of the First Schedule to this Order as constituted at the date of this Order.

(iii) The expression " enlarged Union " means one or other of the Unions mentioned in Column IV of the Second Schedule to this order, with which the Union as constituted after the coming into operation of any County Scheme affecting the same, in so far as it was comprised within the same county, has been amalgamated.

4. This Order may, in its application to the Union, be amended, varied, modified, or revoked by any subsequent Order made by me, the Minister for Local Government, either with reference to a particular Union or generally.

5. Subject to the provisions of this Order:—

(a) the property, debts and liabilities of the board of guardians of the union shall in the case of the unions mentioned in Column I of the First Schedule to this Order pass to and be defrayed by the board of guardians of the altered union;

(b) the property, debts and liabilities of the board of guardians of the union shall in the case of the unions mentioned in Column I of the Second Schedule to this Order pass to and be defrayed by the council of each of the administrative counties, the names of which are set out in Column III of the said Schedule.

Provided that the board of guardians of the altered union or of the enlarged union or the council of any of the administrative counties the names of which are set out in Column III of the First and Second Schedules to this Order or other local authority affected by a county scheme relating to the union, shall in adjustment of the transfer of the property, debts and liabilities as aforesaid, or otherwise under this Order, 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 enquiry, to be just and proper.

6.—(1) Where any officer of the union has been lawfully granted a superannuation allowance or gratuity prior to the coming into operation of any county scheme affecting the union or in respect of the abolition of his office under or in pursuance of such county scheme, the council of an administrative county into which the union extended or the board of guardians of the enlarged unions as the case may be shall contribute towards the payment of such superannuation allowance or gratuity such sum as bears such proportion to the whole amount of any such superannuation allowance or gratuity as the rateable value of that portion of the union as was comprised within the county of such council or as is now comprised within the union of such board of guardians, bore to the total rateable value of the union for the local financial year ended the 31st day of March, 1922:

(2) The said contribution shall in the case of a superannuation allowance be payable in half-yearly instalments at the close of each half of the local financial year.

7. All lands, tenements and hereditaments of any tenure held by or in trust for the board of guardians of the union shall in so far as the same are situate in an altered union, an enlarged union or one or other of the administrative counties mentioned in Column III of the First and Second Schedules to this Order, pass to, vest in and be held in trust for the board of guardians of the altered or enlarged union or the council of such administrative county as the case may be, 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 of the union.

8. Where any officer of a dispensary district of the Union has been continued in office as an officer of the altered Union, or the enlarged Union, or under a County Scheme affecting the Union the local authority in whose service he is continued shall not be entitled to recover from any other Local Authority any contribution towards any superannuation allowance or gratuity that may hereafter be lawfully granted to any such officer.

9. Where an officer of the Union other than an officer of a dispensary district has been continued in office as an officer of (a) the altered Union or the enlarged Union or (b) of a public body established under a County Scheme and is hereafter lawfully granted a superannuation allowance or gratuity then in the case of (a) the Council of an Administrative County into which the Union extended and in the case of (b) the board of Guardians of the altered Union or enlarged Union or the Council of an administrative County into which the Union extended and to which such County Scheme does not relate shall pay such proportion of any such superannuation allowance or gratuity as shall be determined by Me, the Minister for Local Government, to be just and proper.

10. The board of guardians of the altered Union or the enlarged Union, or the Council of an Administrative County, or other Local Authority, may pay any sum or contribution required to be paid or made to defray any debts or liabilities transferred or to which they are otherwise liable, under this Order as part of the general expenses of exercising their duties, or in the case of a Board of Guardians, out of the Union fund, or in the case of the Council, 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, shall direct, and the payment of such sum or contribution shall if it be a capital sum be a purpose for which the Board of Guardians or the Council shall, subject to the sanction of the Minister for Local Government, be authorised to borrow, under the Acts relating to such Board of Guardians or Council or Local Authority, on the security of their funds, rates and revenues, who may require as a condition of such sanction that such borrowing be on such terms and for such period as he shall think fit.

11. 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.

FIRST SCHEDULE.

SECOND SCHEDULE.