S.I. No. 30/1927 - The Public Bodies (Temporary Provisions) Order, 1927.

STATUTORY RULES AND ORDERS. 1927. No. 30.

THE PUBLIC BODIES (TEMPORARY PROVISIONS) ORDER, 1927.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

GENERAL ORDER.

No. 10,173/1927.

(General)

In pursuance of the powers vested in me by the Local Government Acts, 1925 and 1927, and of all other powers enabling me in this behalf, I, the Minister for Local Government and Public Health, do order, and it is hereby ordered, as follows :—

1.—This Order may be referred to as " the Public Bodies (Temporary Provisions) Order, 1927," and shall be read as one with the Public Bodies Order, 1925 (hereinafter referred to as " the Principal Order ").

2.—This Order shall continue in operation until the 30th day of September, 1927, or until I shall otherwise order.

3.—In this Order any expression defined in the Local Government Act, 1927 , shall have the same meaning as in that Act.

4.—(1) In the Principal Order and this Order :—

(a) the expression " joint district charges " shall mean the expenses of the administration by a board of health in a joint district of the duties imposed on the board by section 3 of the Act of 1927 ;

(b) the expression " health district charges " shall mean and include all the expenses of a board of health other than joint district charges or expenses incurred under a county scheme ;

(c) the expression " board of health charges " shall mean and include all the expenses of a board of health other than special expenses as defined in section 232 of the Public Health (Ireland) Act, 1878, or expenses incurred under a county scheme ;

(d) the expression " county service " shall mean and include any service the expenses of which are paid by a county council and charged on the county at large or on all the health districts in the county, other than the construction and maintenance of roads and the services administered through and by a board of health or under a county scheme ;

(e) the expression " separate charge " shall mean and include any sum leviable by a county council for the purpose of defraying—

(i) any excluded charge, or

(ii) any of the expenses of a board of health acting as sanitary authority of a county health district which are special expenses within the meaning of section 232 of the Public Health (Ireland) Act, 1878, or

(iii) any other expense which is chargeable wholly or partly off any area or contributory place other than a county or county health district for any purpose except the relief of the poor.

(2) Paragraphs (g), (h), (i) and (j) shall be deleted from sub-article (1) of Article 2 of the Principal Order.

5.—So long as this Order shall continue in operation—

(a) each of the forms in the first schedule hereto shall be substituted for and used for the same purposes as the form bearing the same number in the schedule to the Principal Order.

(b) the Principal Order shall have effect with the amendments and modifications specified in the second schedule hereto ;

(c) Article 77 of the Principal Order shall be amended in such manner as to provide that particulars of the estimated receipts and expenditure shall appear in the explanatory tables required by sub-article (2) of that Article under the heads and in the order specified in the third schedule hereto and not in the order prescribed in Table I. of the Abstract (Form 25 of the Principal Order).

6.—The council of an urban district shall transact all business connected with or relating to the maintenance and construction of any road under or in pursuance of section 24 of the Act in the manner prescribed by the Urban (Transferred Business Procedure) Order, 1906.

Given under my Seal of Office, this Fourth day of

March in the Year of Our Lord One Thousand

Nine Hundred and Twenty-seven.

SÉAMUS DE BÚRCA,

Minister for Local Government and

Public Health.

FIRST SCHEDULE

FORMS TO BE SUBSTITUTED FOR THE FORMS IN THE PUBLIC BODIES ORDER, 1925.

The.................Bank..................Branch, the Treasurer of the ..................of.................., is hereby authorised to pay to you the sum of ...................pounds..................shillings...........pence in respect of..................... (purpose or service in respect of which payment is made)...............……............................................................ ...................…………………

I acknowledge receipt of the above amount.

NOTES.

(a) Here the name of the Account should be printed, e.g., " General, " " Subsidiary. "

(b) The orders for a financial half-year or year should be numbered consecutively in print.

(Form 21.)

(Article 55.)

COUNTY COUNCILS.

ADVERTISEMENT INVITING TENDERS.

.................................. County Council.

Persons willing to enter into contracts for works on roads* in ..............................................in the abovementioned County are invited by the County Council to submit tenders for certain works which have been decided upon.

Particulars and Specifications of the Works....................…… (Here insert a short statement of the arrangements made under sub-article (3) of Article 55.)

Tender forms and a list of the conditions on which tenders will be received may be obtained free of charge on application to the County Secretary at the County Council Offices.

The last day for receiving tenders is the.....................day of ..............................19......

*Where the works are not " on roads " other appropriate words should be substituted here.

FOR THE FINANCIAL YEAR ENDING THE 31ST MARCH 19....

NOTES.

1. In Columns 4 and 5 the sums to be entered in relief of the levy for Poor Relief shall be as follows:—(A) The sums payable under Section 58 (2) (a) of the Act of 1898 ; (B) the portion of the Death Duty Grant applicable ; (C) the proportion of bounty in lieu of rates applicable.

2. In Columns 4 and 5 the sums to be entered in relief of the levy for Boards of Health Charges shall be as follows :—( A) The sums payable under Section 58 (2) (b) of the Act of 1898 ; (B) the proportion of the County in lieu of rates applicable ; (C) Exchequer Contributions under the Land Purchase Acts.

In estimating the balances (Columns 10 and 11) the Secretary shall make due provision for allliabilities of the current year which may at the close of the financial period remain to be discharged, together with such reasonable sum as may appear to him to be necessary to meet contingencies otherwise unprovided for

The amounts in Column 12 are either the difference between the amounts on the same line in Columns 9 and 10, or the sum of the amounts in the same line in Columns 9 and 11 in respect of each Health District.

TABLE A.

(To appear at the commencement of the Rate Book for each Financial Year)

TABLE B.

(To appear at the commencement of the separate portion of the Rate Book which relates to each Electoral Division.)

TABLE C.

(To appear at the commencement of the separate portion of the Rate Book which relates to each Townland.)

TABLE D.

(This Table to be inserted at the commencement of the separate portion of the Rate Book which relates to any Townland in which any specially exempted holding is situate.)

Electoral Division of……….………………Townland of…….…………. …….

RATES FOR THE SERVICE OF THE YEAR ENDING THE 31ST DAY OF MARCH, 19.…

NOTES.

(a) The two classes of persons rated in Column (4) may be distinguished by underlining the name of the Immediate Lessor of a house let in apartments or lodgings in any case where such a person is rated.

(b) No entry need be made in this column except in respect of a holding where either :—

(i) The annual value in the Valuation List is to be reduced for rating purposes (e.g., a new building), or

(ii) a portion of the rate assessed on that annual value is to be remitted (e.g., a house erected under the Housing Acts, 1924 to 1925).

In such a case the full value should be entered in this column with a note explanatory of the reduced value shown in Columns (8) and (9)

(c) Except in the case of a holding such as is referred o in Note (b) the full rateable value is to be entered in these columns. A remission of rates on a holding is to be carried into effect by entering in these columns a proportionately reduced value. Where the value of a holding is to be reduced for rating purposes the reduced value is to be entered here.

(d) On receipt of the Rate Collector's Fortnightly Report Note the number of the fortnight to which the same relates should be entered in the appropriate column for each holding in respect of which the rates were collected and lodged within the fortnight.

CERTIFICATE OF SECRETARY AND ALLOWANCE OF POOR RATES BY COUNTY COUNCIL.

TO APPEAR AT THE FOOT OF THE RATE (6 & 7 Vict., c. 92, s. 10).

CERTIFICATE OF SECRETARY.

I hereby Certify that the Poor Rate and several Poor Rates hereinbefore set forth, in so far as the value of the Hereditaments therein assessed is concerned, are in conformity with the Valuations now in force.

ALLOWANCE OF POOR RATES BY THE COUNTY COUNCIL.

The Poor Rate and several Poor Rates hereinbefore set forth were adopted and are allowed by the Council of the County of…………………….at their Meeting held this day, having first been certified by the Secretary to be in conformity with the Valuation now in force, the same to be collected in two-half-yearly moities, that is to say, the first moiety on and after the…………day of……………..……19…,and the second moiety on and after the 1st day of October next ensuing.

Given under the Common Seal of the……………..……………….County Council and signed by us this……………day of…………………………19..

NOTES.

In Urban Districts which were constituted Urban Districts on or after 1st April. 1899, or whose boundaries having been extended after that date now inciude "Agricultural Land," columns similar to Columns 10, 11 and 12 in Form 44, (Rate Book—County Councils)—may be substituted for Column 12, and a Table similar to Table A, in Form 44 should then appear at the commencement of the book.

CERTIFICATE OF CLERK.

[To appear at foot of the Rate (6 and 7 Vict., C. 92, S. 10)].

I hereby certify that the Poor Rate and several Poor Rates hereinbefore set forth, in so far as the value of the hereditaments therein assessed is concerned, are in conformity with the valuation now in force.

ALLOWANCE OF POOR RATES BY THE URBAN DISTRICT COUNCIL.

[To appear at foot of the Rate (6 and 7 Vict., C. 92, S. 10).]

The Poor Rate and several Poor Rates hereinbefore set forth were adopted and are allowed by the Council of the..…………………Urban District at their Meeting held this day, having first been certified by the Clerk to be in conformity with the valuation now in force, the same to be collected in two half-yearly moieties, that is to say, the first moiety on and after the……………day of……….........……………….19…, and the second moiety on and after the 1st day of October next ensuing.

TOWN RATE.

The Town Rate, and several Town Rates hereinbefore set forth were made by the Council of the Urban District of......................at their Meeting held this day, the same to be collected in two half-yearly moieties, that is to say, the first moiety on and after the.............day of...................................19.., and the second moiety on and after the 1st day of October next ensuing.

Form 52.

(Articles 100, 106.)

COUNTY AND URBAN DISTRICT COUNCILS.

COLLECTING BOOK OF RECEIPTS AND DEMAND NOTES.

EXPLANATORY NOTES.

1. Form 52 is composed of five sections, A, B, C, D, and E. Sections A, B, C, and D are to appear on each sheet of the Collecting Book in that order, reading from left to right. The divisions between the sections are to be perforated for easy removal.

Section E may appear either on the back or at the foot of Section D. In the latter case the necessary alterations in wording should be made.

2. All blanks, except those for dates and signatures, must be fully and accurately filled before the Collecting Book is handed to the Collector.

Form 52—Continued.

SECTION A.

Counterfoil.

Observations of the Collector as to changes of occupancy, etc., for information of Valuation Office and for the purposes of the Electoral Act and the Juries Act : —

Form 52—continued.

SECTION B.

RECEIPT FOR SECOND MOIETY.

RECEIPT for Second Moiety of the Poor Rate made on the ..................day of...........................19......, the moiety being for the service of the Half-year ending 31st March, 19......

the sum set forth at the foot of this receipt, being the amount of the second moiety of the rate due in respect of the above-named half-year out of the holding rated in the Rate Book by the above number, as per particulars shown on the Demand Note bearing the corresponding number.

Second Moiety ........................................................... £ : :

Dated this............................day of................................................19......

…………………............................................................ .......Collector

Form 52—Continued.

SECTION C.

RECEIPT FOR FIRST MOIETY.

RECEIPT for First Moiety of the Poor Rate made on the ..................day of...........................19......, the moiety being for the service of the Half-year ending 30th September, 19......, together with arrears.

the sum set forth at the foot of this receipt, being the amount of the first moiety of the rate due in respect of the above-named half-year, together with arrears, out of the holding rated in the Rate Book by the above number, as per particulars shown on the Demand Note bearing the corresponding number.

Dated this...............…..day of…………………...........................19......

.............................………............…...Collector

form 52—continued.

SECTION D.

DEMAND NOTE.

No.....................

(This Form is not to be used as a Receipt for Rates. No receipt will be recognised except the official receipt, bearing the above number in print.)

Demand Note for Poor Rate made on the..................................day of ......................................19... , for the service of the year ending 3lst of March, 19...., leviable in two half-yearly moieties, together with arrears.

I hereby demand payment of the undermentioned rate, the First Moiety of the rate made as abovementioned and arrears being PAYABLE FORTHWITH, and the Second Moiety on the 1st October, 19. . . .

Details of the rate in the pound of the rate made as abovementioned, an explanation of the rate in the pound of the abatement for agricultural land, and an explanation of any reduction made in the abovementioned valuation for assessment purposes are set out on the back of this demand.

Form 52—Continued.

SECTION E.

PARTICULARS.

Details of the rate in the pound of the Current Rate for the year.

The agricultural grant for the year amounts to £.................. and is equivalent to an abatement of..............pence in the pound on £.................., being the total valuation of the agricultural land in the county assessable to the Poor Rate.

The valuation of the holding has been reduced for assessment purposes ........................................... (here insert a short explanation of any reduction)............................................................ .................................

SECOND SCHEDULE.

AMENDMENT OF ARTICLES IN THE PRINCIPAL ORDER.

1. At the end of Article 49 there shall be inserted the following words :—

" Any number of roads or sections of roads which are grouped together and included as one unit under this Article are referred to in this Order as a 'Road Group'."

2. For Article 52 there shall be substituted a new Article as follows :—

" Article 52.—(1) On the occurrence or the threatened occurrence of any sudden accident or unforeseen event which causes or is likely to cause serious damage to a road, or danger to persons or vehicles using a road, or grave inconvenience to the public from an interruption of the traffic on a road, any works that may be required to remedy or repair or prevent such damage or danger or inconvenience may be executed by contract or otherwise in pursuance of a resolution of the council passed at any meeting after at least three clear days' notice of the works proposed and the maximum cost thereof has been given to every councillor.

(2) In an emergency such as is mentioned in the preceding sub-article, if the county surveyor is of opinion that to delay the execution of the necessary works until the next meeting of the council would be likely to cause danger, additional expense, or grave inconvenience, the county surveyor on behalf of the council may execute immediately any works that are required to prevent such danger, expense, or inconvenience, provided however that in such case,

(a) before the expenditure incurred by him on the work exceeds £20 he shall obtain the consent in writing of at least two members of the council, and

(b) before the expenditure incurred by him on the work exceeds £50 he shall notify the Minister of the nature of the work, the emergency rendering it necessary, its probable cost, and the date of the next meeting of the council, and

(c) he shall report the execution of the work and the cost thereof to the council at their next meeting."

3. Article 55 shall be amended as follows, that is to say :—

(1) For sub-articles (3) and (4) there shall be substituted two new sub-articles as follows :—

" (3) The county surveyor shall furnish to the secretary particulars and specifications of the work. Arrangements shall be made by the secretary under the directions of the council to enable persons desirous of tendering for the work to ascertain such particulars and to inspect such specifications or copies thereof with reasonable convenience.

(4) As soon as possible the council shall invite tenders for the work by means of public advertisement in such manner as they may deem desirable, provided however that :—

(a) An advertisement in accordance with Form 21 shall be published in at least two newspapers circulating in the district, one of which shall be a daily newspaper if the work is to be executed on a main road, and

(b) not more than one other advertisement may be published in a newspaper in respect of any work.

The secretary shall furnish a copy of the conditions for making tenders and the necessary tender form to every person making application therefor before the last day for the reception of tenders."

(2) Paragraph (b) of sub-article (7) shall be deleted.

(3) The following words shall be inserted at the end of sub-article (15) :—

" In such a case, if the work is the repair of a road or a section of a road, such road or section of a road and any other road, section of a road or road group the maintenance of which is charged on the same area and which is to be repaired otherwise than by contract, may, with the consent of the council, be treated for the purposes of repair during the year as one unit in the same manner as if such unit had been included as a road group under Article 49 of this Order in Part I. of the Road Works Scheme for such year, and as if the amount of the expenditure allowed by the council for the repair of such road group were the sum of the amounts of expenditure allowed by the council for the repair of its component parts."

4. For sub-article (5) of Article 58 there shall be substituted the following sub-article :—

" (5) The scale of charges for materials shall be determined by the council on the advice of the county surveyor, in such manner that the amount to be charged thereunder for any issue of material shall as nearly as possible be the actual cost of providing the material so issued."

5. The following sub-article shall be inserted at the end of Article 61:—

" (5) If any persons are employed by the council, or by the county surveyor on behalf of the council, to whom the provisions of the National Health Insurance Acts, 1911 to 1926, or of the Unemployment Insurance Acts, 1920 to 1924 apply, the secretary shall be responsible for the due performance of the duties of the council in relation to such persons under the said Acts, and the county surveyor shall furnish to the secretary in relation to every such person employed by the county surveyor on behalf of the council such information and at such times and in such manner as the secretary may require for that purpose."

6. In Article 62, after the word " prepared " there shall be inserted the words " by the secretary, and completed."

7. In sub-article (4) of Article 66, after the words " board of public health " there shall be inserted the words " may from time to time, and ".

THIRD SCHEDULE.

HEADS OF RECEIPTS AND PAYMENTS.

PART I.

RECEIPTS.

Roads.

Contributions from Urban Districts.

Bounty in lieu of rates on State Property.

Death Duty Grant.

Grants from Road Fund.

Other Receipts.

County Services.

Contributions from Urban Districts.

Bounty in lieu of rates on State Property.

Grant in aid of Maintenance of Lunatics.

Other Grants.

1.......................................................

2.......................................................

Recoupment for expenses of prosecutors and witnesses.

Fines under Food and Drugs Acts.

Sales of Voters Lists.

Surplus from Sale of Dog Licences.

Recoupment under Diseases of Animals Acts.

Rents from County Property.

Interest on County Account.

Other Receipts.

Unapplied Balances from Separate Charges.

Poor Relief.

Contributions from Urban Districts.

Bounty in lieu of rates on State Property.

Death Duty Grant.

Grant in aid of Medical and Educational Expenditure.

Other Receipts.

Board of Health Charges.

Contributions from Urban Districts.

Bounty in lieu of rates on State Property.

Grant in aid of Sanitary Salaries.

Exchequer Contribution under Land Purchase Acts.

Other Receipts.

.......................................................

.......................................................

Separate Charges.

Contributions from Urban Districts.

Bounty in lieu of rates on State Property.

Other Receipts.

PART II.

PAYMENTS.

Roads.

Salaries :—

County Surveyor.

Assistant Surveyors.

Clerks in Surveyor's Office.

Retiring Allowances and Gratuities.

Cost of Works :—

Main Roads

County Roads.

Printing and Stationery.

Advertising.

Repayment of Loans.

Other Expenditure.

County Services.

Public Works.

Salaries.

Retiring Allowances and Gratuities.

Cost of Rate Collection.

Refunds of Irrecoverable Rates.

Franchise and Jurors Lists.

Valuation.

Elections.

Legal Expenses.

Coroners and Inquests.

Printing and Stationery.

Advertising Pleasure Resorts.

Other Advertisements.

Prosecutors' and Witnesses' Expenses.

Conveyance of Prisoners.

Weights and Measures.

Food and Drugs.

Rents and Expenses of Court Houses.

Reformatories and Industrial Schools.

Repayment of Loans.

Diseases of Animals Acts.

……………………………......……......

……………………………......……......

Money supplied to :—

Mental Hospitals.

Infirmary and Fever Hospitals.

Committees of Agriculture and Technical Instruction

Poor Relief.

Money supplied to Boards of Assistance.

Repayment of Loans.

……………………………......

Board of Health Charges.

Money supplied to Board for Health District Charges.

Money supplied to Board for Joint District Charges, viz. :—

l. Tuberculosis Acts.

2. Prevention and Treatment of Disease.

3. Midwives Act.

4. Medical Treatment of School Children.

5. Blind Persons Act.

Separate Charges.

Money supplied to Boards of Health.

Compensation for Criminal Injuries.

Railway and Tramway Guarantees.

Repayment of Loans.

Other Expenditure, viz. :—

……………………………..……......

…………………………..………......

Unapplied Balances transferred.