Local Government (Ireland) Act, 1898

Appeal Commission.

41 & 42 Vict. c. 52.

103.(1) If within six months after an order of the Local Government Board is made under Part Four of this Act with respect to county boundaries a petition against the order, so far as it affects any county, is presented to the Local Government Board by the council or grand jury for the county, or by any sanitary authority, district council, or guardians, in the county, or by not less than one hundred parliamentary electors for the county, the order so far as it relates to that county shall be referred to the Appeal Commission in this Act mentioned, and after that Commission have held such inquiry as they think necessary, and given an opportunity of being heard to all parties concerned who apply within the prescribed time to be heard, may be annulled or varied by order of that Commission, and that order of the Commission shall after it comes into operation have effect as if made by the Local Government Board under this Act.

(2) The order of the Commission shall not, unless it otherwise provides, come into operation until the second election of the county council, and if it so otherwise provides, the Commission shall by the same or any subsequent order make such arrangements respecting county and district councils and boards of guardians and the members thereof, and respecting all other matters, as appear necessary or expedient for bringing the order into operation at the earlier date, and for that purpose may make the like provisions as are authorised by or in pursuance of this Act to be made by the Local Government Board.

(3) Where any other provision of this Act provides for an appeal to the Appeal Commission, the foregoing provisions of this section shall apply with the necessary modifications.

(4) The Appeal Commission shall consist of the Vice-President of the Local Government Board and four other commissioners, of whom two at least shall be members of the Commons House of Parliament, appointed by the Lord Lieutenant.

(5) Any vacancy arising among any such four commissioners, whether by death, resignation, incapacity, or otherwise, may be filled by the Lord Lieutenant; and the Lord Lieutenant may appoint any member of the Local Government Board to take the place of the Vice-President in case of his illness or unavoidable absence.

(6) For the purposes of any inquiry, an Appeal Commissioner shall have the same powers as an inspector of the Local Government Board when holding an inquiry under the Public Health Act, 1878; and the Commission shall have the same power respecting costs as is given to the Local Government Board by section two hundred and ten of that Act.

(7) [1] Any expenses of the Appeal Commission and of any officer assigned by the Local Government Board to assist the Commission shall be defrayed in like manner as the remuneration of officers appointed by the Board for carrying this Act into effect is directed by Part Eight of this Act to be defrayed.

(8) Any act of the Appeal Commission may be signified by any three of the commissioners under their hands.

[1 Any expenses incurred after March 31, 1900, are to be defrayed out of the sums paid to the Local Taxation (Ireland) Account under s. 58 of this Act. See 63 & 64 Vict. c. 63, s. 5.]