Local Government and Public Health Provisional Order Confirmation Act, 1940

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SCHEDULE.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

BOROUGH OF CLONMEL.

Provisional Order to alter and amend the Clonmel Corporation Act, 1895, the Local Government Board (Ireland) Provisional Orders Confirmation (No. 3) Act, 1897; and the Local Government Board (Ireland) Provisional Orders Confirmation (No. 3) Act, 1912.

WHEREAS the Mayor, Aldermen and Burgesses of Clonmel acting by the Council (in this Order referred to as “the Corporation”) are the urban sanitary authority under the Public Health Acts, 1878 to 1931, for the urban sanitary district comprising the Borough of Clonmel:

AND WHEREAS the Clonmel Corporation Act, 1895, (in this Order referred to as “the Act of 1895”) is in force in the said district:

AND WHEREAS the Act of 1895 was amended by the Clonmel Corporation Provisional Order, 1897 (in this Order referred to as “the Order of 1897”) and the Clonmel Order, 1912 (in this Order referred to as “the Order of 1912”) being provisional orders made in pursuance of the Public Health (Ireland) Act, 1878 , and confirmed respectively by the Local Government Board (Ireland) Provisional Orders Confirmation (No. 3) Act, 1897 (in this Order referred to as “the Act of 1897”) and the Local Government Board (Ireland) Provisional Orders Confirmation (No. 3) Act, 1912 (in this Order referred to as “the Act of 1912”):

AND WHEREAS by section 39 of the Act of 1895, as amended by article 4 of the Order of 1897, the Corporation were empowered to borrow a sum not exceeding eighteen thousand pounds for the gas purposes mentioned in paragraph A of sub-section (1) of the said section:

AND WHEREAS by sub-article (b) of Article 1 of the Order of 1912 the powers given to the Corporation by section 39 of the Act of 1895, as amended as aforesaid, to borrow money for the gas purposes referred to in the Order of 1897, were extended so as to authorise the Corporation to borrow from time to time such sums as may be required for the general purposes of their gas undertaking so that the sum borrowed did not at any time with the balance of all outstanding loans borrowed by the Corporation for the said gas purposes or for the general purposes of their gas undertaking exceed in the whole the sum of twenty-three thousand pounds:

AND WHEREAS the Corporation have exhausted their said borrowing powers in relation to their gas undertaking under the Act of 1895, as amended by the Order of 1897 and extended by the Order of 1912.

AND WHEREAS the Corporation did, with the sanction of the Minister for Local Government and Public Health (in this Order referred to as “the Minister”) given on the 12th day of June, 1935, borrow under the Local Authorities (Financial Provisions) Act, 1921 , as amended by the Local Government (Temporary Provisions) (Amendment) Act, 1924 , a sum of seven thousand five hundred pounds for the purpose of constructing an additional gas holder:

AND WHEREAS the Corporation are desirous of obtaining additional borrowing powers for the purpose of borrowing money to pay off the outstanding balance of the said loan and for the general purposes of their gas undertaking, and have applied to the Minister for a provisional order altering and amending the Act of 1895, as amended as aforesaid:

AND WHEREAS after inquiry it appears to the Minister expedient that the Act of 1895, as amended by the Order of 1897 and the Order of 1912, should be altered and amended in manner hereinafter appearing:

NOW THEREFORE the Minister in exercise of the powers vested in him by section 205 and section 214 of the Public Health (Ireland) Act, 1878 , and of all other powers in this behalf enabling him, does hereby order that, from and after the passing of the Act confirming this Order, the following provisions shall have effect, that is to say:—

1. The Act of 1895, as amended by the Order of 1897 and the Order of 1912, and the Act of 1897 and the Act of 1912, in so far as they respectively confirm the said Orders, shall be amended and altered in the manner and to the extent necessary to give effect to the following provisions, that is to say:—

(a) The Corporation may from time to time with the sanction of the Minister borrow at interest the sums of money hereinafter specified or any part thereof, namely:—

(i) such sum as shall be necessary to enable the Corporation to pay off the balance outstanding of the loan of seven thousand five hundred pounds borrowed by them, with the sanction of the Minister, given on the 12th day of June, 1935, under the Local Authorities (Financial Provisions) Act, 1921 , as amended by the Local Government (Temporary Provisions) (Amendment) Act, 1924 , for the provision of a gas holder; and

(ii) a sum not exceeding four thousand three hundred and seventy-five pounds for the general purposes of the gas undertaking of the Corporation (including the provision of additional plant and machinery).

(b) Money borrowed by the Corporation under this Order shall be repaid by the Corporation within such periods from the respective dates of borrowing the same as the Minister shall approve.

(c) Upon any application by the Corporation to the Minister for his sanction to the borrowing of money under this Order, the Minister may cause to be held a local inquiry into such application and the provisions of the Public Health Acts, 1878 to 1931, with respect to local inquiries, shall apply to any such inquiry.

(d) For the purposes of sub-sections (2) and (3) of section 39 of the Act of 1895 money borrowed under this Order shall be deemed to be money borrowed under that section.

(e) Sub-section (4) of section 39 of the Act of 1895 shall not apply to moneys borrowed by the Corporation under this Order.

2. The amendments and alterations made by the last preceding Article of this Order shall be deemed to be incorporated in the Act of 1895, as amended by the Order of 1897 and the Order of 1912.

3. The costs and expenses of the Corporation and the Minister incurred in respect of the application for, the preparation, making and confirmation of this Order shall be paid by the Corporation and shall be treated as expenses incurred in connection with their gas undertaking.

4. This Order may be cited as the Clonmel Gas Order, 1939.

Given under the Official Seal of the Minister for Local Government and Public Health, this 3rd day of August, One Thousand Nine Hundred and Thirty-nine.