S.I. No. 102/1978 - Urban District of Youghal (Alteration of Boundary) Order, 1978.

S.I. No. 102 of 1978.

URBAN DISTRICT OF YOUGHAL (ALTERATION OF BOUNDARY) ORDER, 1978.

The Minister for the Environment in exercise of the powers conferred on 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 subsection (3) of section 42 of the Local Government (Ireland) Act, 1898 hereby orders as follows:—

1. This Order may be cited as the Urban District of Youghal (Alteration of Boundary) Order, 1978.

2. The Interpretation Act, 1937 (No. 38 of 1937) shall apply to this Order.

3. In this Order, "the Boundary Order" means the order made by the Council of the County of Cork on the 19th day of September, 1977, under subsection (2) of section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , altering the boundary of the Urban District of Youghal.

4. The Boundary Order shall be and is hereby modified in the manner and to the extent necessary to bring it into conformity with the provisions set forth in the Schedule to this Order.

5. The Boundary Order as so modified is hereby confirmed.

SCHEDULE.

County of Cork.

ORDER (as modified by this Order) OF THE COUNCIL OF THE COUNTY OF CORK ALTERING THE BOUNDARY OF THE URBAN DISTRICT OF YOUGHAL.

WHEREAS the Council of the Urban District of Youghal have applied under section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 to the Council of the County of Cork (hereinafter referred to as "the County Council") for an order altering the boundary of the Urban District of Youghal (hereinafter referred to as the "Urban District") so as to include therein the portion of the South Cork County Health District specified in the Schedule hereunto annexed:

AND WHEREAS the Urban District is an urban district (other than a borough) situate in the County of Cork (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:

AND WHEREAS the County Council have complied with the provisions of the Urban Districts (Alteration of Boundaries) Regulations, 1937 (S.R. and O., 1937, No. 221):

NOW THEREFORE the County Council in exercise of the powers vested in them by subsection (2) of section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , hereby order as follows:—

1. (1) This Order shall come into operation on the first day of April, 1978.

(2) The Interpretation Act, 1937 (No. 38 of 1937) shall apply to this Order.

2. On the coming into operation of this Order, the area described in the Schedule hereunto annexed (hereinafter referred to as "the transferred area") shall be detached from the South Cork County Health District and shall be added to the Urban District and thenceforward the transferred area shall cease to form part of the South Cork County Health District and shall be included in and form part of the Urban District for all purposes and the boundary of the Urban District shall be altered accordingly.

3. Every person holding office on the coming into operation of this Order as urban district councillor for the local electoral area of Youghal Urban shall be deemed to have been elected for the local electoral area of Youghal Urban as extended by this Order.

4. (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 instrument 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 and of the Council 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.

5. (1) The County Council and the Council of the Urban District may by agreement make any adjustment of property, rights and liabilities which may be necessary in consequence of this Order.

(2) In default of agreement, any such adjustment of property, rights and liabilities shall be made by such person as shall be appointed for the purpose by the Minister for the Environment.

6. In the Schedule to this Order a reference to the existing boundary shall be construed as a reference to the boundary of the Urban District as existing immediately before the coming into operation of this Order.

GIVEN under the Seal of the Council of the County ofCork this 19th

day of September, 1977.

DENIS LYONS, Chairman.

M. MURPHY, Secretary.

SCHEDULE.

The transferred area shall be all that area comprised between the existing boundary and a line drawn as follows:

Starting at the junction of the existing Urban District Boundary with the sea wall at Green's Quay, thence in a north-westerly direction along the said sea wall and along its imaginary north-westerly projection to it's intersection by the existing Urban District Boundary.

GIVEN under the Official Seal of the Minister for the Environment this

31st day of March, 1978.

SYLVESTER BARRETT,

Minister for the Environment.

EXPLANATORY NOTE.

The effect of this Order is to extend the boundary of the urban district of Youghal as from 1st April, 1978, including therein part of the South Cork County Health District.