S.I. No. 42/1952 - Bray Urban District (Alteration of Boundary) Order, 1952.

S.I. No. 42 of 1952.

BRAY URBAN DISTRICT (ALTERATION OF BOUNDARY) ORDER, 1952.

WHEREAS the Council of the Urban District of Bray (which Urban District is not a borough) made an application to the Council of the County of Wicklow (hereinafter called " the County Council ") being the Council of the County in which the Urban District of Bray (hereinafter called " the Urban District ") is situate for an Order altering the boundary of the Urban District in the manner specified in such application :

AND WHEREAS the County Council on the 9th day of July, 1951, made an Order (hereinafter called " the Boundary Order ") altering the boundary of the Urban District :

AND WHEREAS the County Council have submitted the Boundary Order for confirmation to the Minister for Local Government (hereinafter called " the Minister ") :

AND WHEREAS before making the Boundary Order, the County Council complied with the requirements of the Urban Districts (Alteration of Boundaries) Regulations, 1937 :

AND WHEREAS no petition to disallow the Boundary Order has been received by the Minister :

NOW THEREFORE the Minister in exercise of the powers vested in him by Article 26 of the Local Government (Application of Enactments) Order, 1898, as applied by Section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , and sub-section (3) of Section 42 of the Local Government (Ireland) Act, 1898, and of all other powers in this behalf enabling him hereby orders, directs and declares as follows :—

1. This Order may be cited as the Bray Urban District (Alteration of Boundary) Order, 1952.

2. The Boundary Order shall be and is hereby confirmed without modification.

3.—(1) Any adjustment of property, rights and liabilities which may become necessary for the full and effectual carrying out of the Boundary Order as between the County Council and the Council of the Urban District shall be made by such person as shall be appointed for the purpose by the Minister.

(2) The provisions of sub-articles (2), (4) and (5) of Article 30 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall with the necessary modifications apply for the purposes of any such adjustment as aforesaid in like manner as they apply to an agreement under the said Article.

SCHEDULE.

ORDER OF THE COUNCIL OF THE COUNTY OF WICKLOW ALTERING THE BOUNDARY OF THE URBAN DISTRICT OF BRAY.

WHEREAS the Council of the Urban District of Bray have applied under Section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , to the Council of the County of Wicklow (hereinafter referred to as " The County Council ") for an Order altering the boundary of the Urban District of Bray (hereinafter referred to as " the Urban District ") so as to include herein the portion of the County of Wicklow specified in the Schedule hereunto annexed :

AND WHEREAS the Urban District is an urban district (other than a borough) situate in the County of Wicklow (hereinafter referred to as " the County ") :

AND WHEREAS the County Council, being satisfied that a prima facie case existed for the alteration of the boundary of the Urban District caused an inquiry to be made in the locality by the County Council :

AND WHEREAS the County Council have complied with the provisions of the Urban Districts (Alteration of Boundaries) Regulations, 1937 :

NOW THEREFORE the County Council in exercise of the powers vested in them by Section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , and of all powers in this behalf enabling them do hereby order as follows :—

1. This Order shall come into operation on the twenty-third day of February, 1952.

2. On the coming into operation of this Order, the boundary of the Urban District shall be altered by the transfer from the County Health District of Wicklow of the area (hereinafter referred to as " the transferred area ") described in the Schedule hereunto annexed.

3. The transferred area, viz., part of the lands of Kilruddery Demesne East shall, on the coming into operation of this Order cease to form part of the County Health District of Wicklow and of the District Electoral Division of Kilmacanogue and shall form part of the District Electoral Division of Bray Urban.

4. Every person holding office on the coming into operation of this Order as County Councillor or Urban District Councillor for any Electoral area affected by this Order and every County Councillor or Urban District Councillor elected for any such area at an election held after the coming into operation of this Order but before the Registers for the year 1952 shall come into operation shall be deemed to have been elected for the electoral area as altered by this Order and the County Council or Urban District Council shall be deemed to have been elected for the county or urban district as altered by this Order.

5.—(1) The provisions of any public general Act adopted by the Council of the Urban District at the coming into operation of this Order and of any statutory instrument applying to the Urban District and then in force shall apply to the Urban District as extended by this Order and references in any such Order to the area comprised in the Urban District at the coming into operation of this Order shall be construed as references to the Urban District as extended by this Order.

(2) All bye-laws and regulations of the County Council or of the Urban District that are in force in the Urban District at the coming into operation of this Order shall apply to the Urban District as extended by this Order.

GIVEN under the Official Seal of the Wicklow County Council this 9th day of July, 1951.

PETER LEDWIDGE,

Chairman.

K. J. BRANGAN,

County Secretary.

SCHEDULE.

DESCRIPTION OF THE PORTION OF THE COUNTY HEALTH DISTRICT OF WICKLOW TRANSFERRED BY THIS ORDER TO THE URBAN DISTRICT.

The lands of Kilruddery Demesne East enclosed between the existing boundary of the Urban District and a line drawn from the junction of the said boundary with the western boundary of the Townland of Kilruddery Demesne East in an easterly and north-westerly direction along the outer face of the fence of the field shown as comprising 4·460 acres and 1·834 acres on the 25·344 inches to the mile Plan 1 of Ordnance Survey Sheet 8 of County Wicklow to the next junction of the outer face of the said fence with the existing boundary of the Urban District.

GIVEN under the Official Seal of the Minister for Local Government this nineteenth day of February One Thousand Nine Hundred and Fifty-two.

PATRICK SMITH,

Minister for Local Government.