S.I. No. 410/1985 - Borough of Galway (Alteration of Boundary) (Implementation) Order, 1985.

S.I. No. 410 of 1985.

BOROUGH OF GALWAY (ALTERATION OF BOUNDARY) (IMPLEMENTATION) ORDER, 1985.

The Minister for the Environment in exercise of the powers conferred on him by subsections (2) and (4) of section 19 of the Local Government (Reorganisation) Act, 1985 (No. 7 of 1985), hereby orders as follows:

1 Citation.

1. This Order may be cited as the Borough of Galway (Alteration of Boundary) (Implementation) Order, 1985.

2 .Commencement.

2. This Order shall come into operation as follows—

( a ) articles 1, 2, 3 and 4 shall come into operation on the making of this Order, and

( b ) articles 5 and 6 and the Schedule shall come into operation immediately prior to the beginning of the 1st day of January, 1986.

3 Definitions.

3. In this Order—

"the Act of 1985" means the Local Government (Reorganisation) Act, 1985 ;

"the added area" means the area described in the Fourth Schedule to the Act of 1985;

"the Borough" means the Borough of Galway established by the Local Government (Galway) Act, 1937 ;

"the Borough Corporation" means the Mayor, Aldermen and Burgesses of the Borough;

"the County Council" means the council of the county of Galway;

"the Minister" means the Minister for the Environment.

4 Interim payments.

4. (1) Pending the making of an agreed or a compulsory adjustment pursuant to paragraph 7 of the Schedule to this Order the Borough Corporation shall pay to the County Council by way of interim payments on account such amounts in respect of the local financial year 1986 and subsequent years as may appear reasonable having regard to the provisions of subparagraph (a) of the said paragraph 7.

(2) The amount of the interim payments to be paid by the Borough Corporation to the County Council pursuant to subarticle (1) of this article shall be as agreed between the two authorities or in default of agreement shall be as determined by the Minister.

(3) An amount as agreed or determined pursuant to sub-article (2) of this article shall be included in the estimate to be adopted by the Borough Corporation for the financial year 1986 and for each subsequent year.

5 Effect of Order.

5. On the commencement of this article the boundary alteration effected by section 19(1) of the Act of 1985 shall (in addition to having effect for the purposes specified in that section) have effect for all other purposes and accordingly the added area shall be detached for all such purposes from the County Health District of Galway and from the jurisdiction and powers of the County Council and be added to the Borough and on and from such commencement the said area shall be included in, and form part of, the Borough for the said purposes.

6 Application of Schedule.

6. The provisions contained in the Schedule to this Order shall apply and have effect in relation to the boundary alteration referred to in article 5.

SCHEDULE

Preparation of Maps.

1. ( a ) As soon as may be after the commencement of articles 5 and 6 of this Order, the Commissioner of Valuation shall prepare in quadruplicate a map drawn to such convenient scale and in such convenient number of separate sheets as he shall think fit, showing the added area and the altered boundaries of the Borough and when such maps have been prepared by the said Commissioner he shall seal each such map and shall, as soon as may be thereafter, deposit them as follows, namely, one of them in the principal office of the said Commissioner, another in the offices of the borough Corporation, another in the offices of the County Council and another in the offices of the Minister.

(b) Every map deposited pursuant to subparagraph (a) of this paragraph in the principal office of the Commissioner of Valuation or in the offices of the Borough Corporation or the County Council, shall be retained in the office or offices in which it is so deposited, and each such map, or true copies thereof, shall be open for inspection free of charge at the office or offices in which it is so deposited by any person at any time at which such office or offices is or are open for the transaction of public business, and it shall be lawful for the said Commissioner, the Borough Corporation or the County Council to prepare and supply to any person requesting the same a true copy of the map so deposited with him or them or any particular part thereof and to charge for such copy such sum as he, with the consent of the Minister for Finance, or they, may fix.

( c ) It shall be the duty of the Commissioner of Valuation, the Borough Corporation and the County Council, respectively, whenever required so to do by any Court of Justice, to prepare and produce to such Court a true copy of the map deposited with him or them under this paragraph or any specified part thereof and to verify such copy to such Court by the oath of one of his or their officers, and, upon any such copy being so produced and verified to such Court, such Court shall receive such copy in evidence and thereupon such copy shall, unless the contrary is shown, be sufficient evidence of the added area and the altered boundaries of the Borough (in so far as the same are shown on such copy), notwithstanding any discrepancy between such copy and the description contained in the Fourth Schedule to the Act of 1985 or any ambiguity or uncertainty in such description or in the application thereof.

Bye-laws etc, in the added area.

2. (a) Subject to subparagraph (b) of this paragraph, every bye-law, rule and regulation lawfully made and enforceable by the County Council in the added area or any part thereof, and which was in force immediately before the commencement of articles 5 and 6 of this Order, shall, on and from the said commencement, continue in force and have effect in the added area or part thereof, as if it were a bye-law, rule or regulation, as may be appropriate, made by the Borough Corporation and which came into operation on the said commencement in respect of the area or so much of the area as is within the added area for and in respect of which the same was originally made and accordingly every such bye-law, rule and regulation may be continued, amended, varied or revoked and any penalty and forfeiture arising thereunder on or after the said commencement in the added area may be recovered or otherwise enforced by the Borough Corporation in the like manner and as fully as the same could have been continued, amended, varied, revoked, recovered or otherwise enforced by the County Council had this Order not been made.

( b ) No bye-law, rule or regulation mentioned in subparagraph (a) of this paragraph, in so far as it is continued in force by the said subparagraph (a), shall so continue in force after the expiration of the period of two years beginning on the commencement of articles 5 and 6 of this Order unless, within that period, the Borough Corporation, by resolution, declares that the bye-law, rule or regulation shall, in so far as it is continued in force by the said subparagraph (a), continue in force after the expiration of that period.

(c) No bye-law, rule or regulation in force in the Borough immediately before the commencement of articles 5 and 6 of this Order shall apply or be extended to the added area by virtue only of the inclusion of such area in the Borough by this Order but the Borough Corporation may at any time, within the period of two years from the said commencement, by resolution, extend or apply any such bye-law, rule or regulation to the added area or to any part thereof, and upon any extension or application being made under this subparagraph any bye-law, rule or regulation continued in force in the added area or in any part thereof by subparagraph (a) of this paragraph and which is inconsistent with the bye-law, rule or regulation to which the relevant resolution of the Borough Corporation relates shall cease to have effect in the added area or, as may be appropriate, in any such part.

Resolutions etc. relating to the added area.

3. ( a ) Every resolution passed, order made, and notice served by the County Council before the commencement of articles 5 and 6 of this Order in relation to the added area or any part thereof or anything done or to be done therein and the operation, effect or term of which had not ceased or expired before the said commencement, on and from the said commencement shall, in so far as it relates to the added area or any part thereof or anything done or to be done therein, continue in force and have effect as if it were a resolution passed, an order made, or a notice served by the Borough Corporation on the date on which the same was actually passed, made or served by the County Council and as if on the said date the added area had been included in the Borough.

( b ) (i) Any thing done, or treated by virtue of any enactment as having been done, by,' to, or in relation to, the County Council before the commencement of articles 5 and 6 of this Order in relation to the added area, in the exercise or performance of or by the County Council of any of its powers, functions or duties, shall be treated as having been done, by, to, or in relation to, the Borough Corporation.

(ii) Any reference to the County Council in a document referred to in subparagraph (c) of this paragraph shall be construed as a reference to the Borough Corporation.

( c ) In subparagraph (b) of this paragraph "thing" includes the following—

(i) any written agreement or other instrument in writing or any determination or declaration made by or on behalf of, or to be treated as having been made by or on behalf of the County Council,

(ii) any direction given, or to be treated as having been given, by or to the County Council,

(iii) any licence, permission, consent, approval, exemption or relaxation granted or given, or to be treated as having been granted or given, by or to the County Council,

(iv) any application, proposal or objection made, or to be treated as having been made, by or to the County Council,

(v) any condition or requirement imposed, or to be treated as having been imposed, by or on the County Council.

Application and adaptation of local enactments.

4. Every local Act in force immediately before the commencement of articles 5 and 6 of this Order in, or in relation to, the Borough shall extend to the added area and shall, on and from the said commencement, be constructed and have effect with such modifications as may be necessary to give effect to the provisions of this Order.

Development Plan.

5. ( a ) The development plan for the County of Galway as it existed immediately before the commencement of articles 5 and 6 of this Order, in so far as, immediately before such commencement, it had effect as regards the added area shall, on and after such commencement, continue to have such effect pending the making of a new development plan by the Borough Corporation or the making by the Borough Corporation, as regards that area, of a variation of the development plan for the borough.

( b ) In this paragraph "development plan" means a development plan within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1983.

Hours of Trading Orders.

6. Nothing in this Order shall be construed as affecting any order made by the Minister for Industry, Trade, Commerce and Tourism under the Shops (Hours of Trading) Act, 1938 (No. 3 of 1938).

Financial Adjustments between Corporation and County Council.

7. (a) Subject to subparagraphs (f) and (g) of this paragraph, the Borough Corporation and the County Council may, from time to time as occasion requires, make an equitable adjustment (hereafter in this Schedule referred to as an "agreed adjustment") in regard to any matter or thing requiring to be adjusted between them in consequence of the boundary alteration referred to in article 5 of this Order and not otherwise provided for by this Order and, without prejudice to the generality of the foregoing, may, in particular, make an agreed adjustment in regard to all or any of the following—

(i) any net loss of revenue, actual or prospective, which is or may be incurred by the County Council in consequence of the said boundary alteration;

(ii) property, whether real or personal (including choses-in-action), vested in or belonging to or held in trust for the County Council and wholly or partly situate in or relating to the added area or any particular part thereof;

(iii) debts (including mortgage debts), charges created by statute and other liabilities (including unliquidated amounts, unliquidated damages arising from torts or breaches of contract and accruing or prospective liabilities), due and unpaid, or incurred and undischarged, by the County Council and relating wholly or in part to the added area (or any particular part thereof).

( b ) An agreed adjustment in relation to property may provide for the retention of such property by the County Council or for the transfer of such property to the Borough Corporation or for the joint user of such property by the Borough Corporation and the County Council and may also provide for the payment of money, by a single payment or in two or more instalments, by or to the Borough Corporation to or by the County Council on account of the retention, transfer, or joint user of such property.

( c ) An agreed adjustment in relation to any debt or other liability may provide for the whole of such debt or liability being borne by the Borough Corporation or for the whole of such debt or liability being borne by the County Council (except in the case of mortgage debts) or for the apportionment of the liability for such debt or liability between the Borough Corporation and the County Council any may also provide for the payment of money, by a single payment or in two or more instalments, to or by the Borough Corporation by or to the County Council in respect of such debt or liability.

(d) Subject to subparagraphs (f) and (g) of this paragraph, whenever the Borough Corporation and the County Council fail to agree upon an equitable adjustment of any matter or thing which, were they agreed, would be the subject of an agreed adjustment under this paragraph, the Minister shall, upon the request of either the Borough Corporation or the County Council make an adjustment (hereafter in this Schedule referred to as a "compulsory adjustment") of such matter or thing and may by such adjustment make any provision in relation to such matter or thing which could under this paragraph have been provided for by an agreed adjustment.

( e ) Every agreed adjustment and every compulsory adjustment shall have effect according to its terms and shall be final and conclusive and, accordingly, shall be enforceable by the Borough Corporation or the County Council against the other of them.

(f) In making an agreed adjustment or a compulsory adjustment regard shall be had to any payments made pursuant to article 4 of this Order.

( g ) In making an agreed adjustment or a compulsory adjustment regard shall be had to paragraph 8 of this Schedule.

Rates and Charges.

8. All rates and other charges which immediately before the commencement of articles 5 and 6 of this Order were due and payable or were accruing due, inrespect of the local financial year 1985, or any previous local financial year, to the County Council, whether in respect of a hereditament inthe added area or otherwise, shall, on and from such commencement, continue to be due and be payable and to accrue due as if this Order had not been made and may be collected and recovered accordingly.

Limitation on Rates.

9. ( a ) This paragraph applies to hereditaments in the added area which were, or were liable to be, assessed with the county rate for the local financial year 1985.

( b ) For the purpose of the assessment and levying of the municipal rate on a hereditament to which this paragraph applies, the following provisions shall apply in each of the ten local financial years next following 1985:

(i) where the valuation of the hereditament is the same as or less than the standard valuation, the valuation shall be reduced to the proportion, specified in the Table to this paragraph for the particular year, of the valuation on which the municipal rate would otherwise fall to be assessed, and

(ii) where the valuation of the hereditament is greater than the standard valuation, the amount of the valuation which is equal to the standard valuation shall be reduced to the proportion, specified in the Table to this paragraph for the particular year, of the valuation on which the municipal rate would otherwise fall to be assessed.

( c ) In this paragraph—

"valuation" means the valuation under the Valuation Acts;

"the standard valuation" means, in relation to a hereditament to which this paragraph applies, the valuation of such hereditament included in the revised valuation list received by the County Council from the Commissioner of Valuation for the local financial year 1985.

TABLE

Limitations on Municipal Rate

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

10th day of December, 1985.

LIAM KAVANAGH,

Minister for the Environment.

EXPLANATORY NOTE.

This order brings the alteration of the boundary of the Borough of Galway effected by section 19 (1) of the Local Government (Reorganisation) Act, 1985 into operation for all purposes and makes supplementary provisions in that, regard.