S.I. No. 370/1978 - Urban District of Bray (Alteration of Boundary) Order, 1978.

S.I. No. 370 of 1978.

URBAN DISTRICT OF BRAY (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 Bray (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 Wicklow on the 14th day of November, 1977, under subsection (2) of section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , altering the boundary of the Urban District of Bray.

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 Wicklow

ORDER (as modified by this 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 therein the portion of the County Health District 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:

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 sub-section (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 January, 1979.

(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 County Health District of Wicklow and shall be added to the Urban District, and thenceforward the transferred area shall cease to form part of the County Health District of Wicklow 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 Bray Urban shall be deemed to have been elected for the local electoral area of Bray 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 of Wicklow this

14th day of November, 1977.

L. KAVANAGH, Chairman

S. HAYES, County Manager

A. FIDGEON, County Secretary.

SCHEDULE

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

Starting at a point where the existing Urban District Boundary is intersected by the southern boundary of the 1.331 acres parcel in Bray Commons townland; thence initially in a south westerly direction along the said boundary, and continuing along the following boundaries; the eastern boundary of the .563 acre parcel in Killarney townland, the respective eastern boundaries of the .725, .775, 1.085 acre parcels in Fassaroe townland, the eastern boundary of the 1.592 acres parcel in Kilbride townland, the eastern boundary of the 2.161 acres parcel in Kilcroney townland, the eastern boundary of the .694 acre parcel in Wingfield townland to its junction with the western boundary of the 6.534 acres field in the same townland; thence in a south easterly direction along the said boundary, and continuing along the eastern boundary of the same field, and along the eastern boundary of the .987 acre field in Ballywaltrin townland to its intersection by the imaginary north westerly projection of the eastern boundary of the 3.208 acres parcel in the same townland; thence initially in a south easterly direction along the said projection and boundary to its junction with the southern boundary of the same townland; thence initially in an easterly direction along the said boundary, and continuing along the southern boundary of Irishtown townland to its junction with the eastern boundary of the same townland; thence initially in a north westerly direction along the said boundary to its junction with the northern boundary of Kilruddery Demesne West townland; thence initially in a north easterly direction along the said boundary to its junction with the western boundary of Kilruddery Demesne East townland; thence in a north westerly direction along the said boundary to its junction with the southern boundary of the 4.464 acres field in the same townland; thence in a north easterly direction along the said boundary, and along its imaginary north easterly projection to the intersection of the said projection by the south western boundary of the 4.590 acres field in Ballynamuddagh townland; thence in a south easterly direction along the said boundary, and along the south western boundary of the 9.764 acres field in the same townland to its junction with the south eastern boundary of the same field; thence initally in a north easterly direction along the said boundary to its junction with the existing Urban District Boundary.

GIVEN under the Official Seal of the Minister for the Environment

this 21st day of December, 1978.

SYLVESTER BARRETT,

Minister for the Environment.

EXPLANATORY NOTE.

The effect of this Order is to extend the boundary of the urban district of Bray as from 1st January 1979, including therein part of the County Health District of Wicklow.