Local Government (Ireland) Act, 1900

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LOCAL GOVERNMENT (IRELAND) ACT 1900

CHAPTER LXIII.

An Act to amend sections forty-two, fifty-one, fifty-four, sixty-nine, one hundred and three, one hundred and fifteen, and one hundred and twenty-one of the Local Government (Ireland) Act, 1898, and Articles nineteen, twenty-four, and thirty-six of the Schedule to the Local Government (Application of Enactments) Order, 1898.[¹] [8th August 1900.]

Amendment of 61 & 62 Vict. c. 37. s. 42 (1), as to withdrawal of petition.

1. If a petition in pursuance of subsection (1) of section forty-two of the principal Act against an Order of the Local Government Board is withdrawn before the date fixed in that behalf in the Order, the said subsection shall have effect in like manner as if the petition had not been received.

Amendment of 61 & 62 Vict. c. 37. s. 51, as to making of poor rate.

2. Notwithstanding anything in section fifty-one of the principal Act, the council of any county or of any urban district may, if they think fit, either immediately prior to or at the beginning of each local financial year, make one poor rate for the whole financial year and collect the same in equal moieties, one moiety for each half year.

Amendment of 61 & 62 Vict. c. 37, s. 54, as to gale day and as to deductions from rent in urban districts.

3.—(1) Section fifty-four of the principal Act shall be deemed to have had effect as from the gale day last before the appointed day under that Act in the case of any tenancy one of the gale days of which is in March.

(2) Subsection (4) of the said section fifty-four shall apply with the necessary modifications, and shall be deemed to have so applied as from the gale day last before or next after the appointed day under the principal Act, as the case requires, where a deduction is or has been made from rent by virtue of sub-section (11) of the said section, either as amended or not, in like manner as it applies where rent is reduced. Provided that where a person receiving and paying rent in respect of the same holding would not, if the principal Act or this Act had not passed, have been entitled to deduct more than half the poor rate from the rent paid by him, the reduction or deduction which may be made under the said subsection (4), either as extended or not, shall be calculated on the assumption that the occupier was entitled to deduct half the standard amount for poor rate in the standard financial year.

[Sub-s. (3) rep. 1 Edw. 7. c. 28 s. 1.]

(4) The expression “lease” in the said subsection (11) shall include a fee farm grant.

(5) Any sum paid by any person which would not have been payable if this section had been in the principal Act, may be recovered as a debt from the person to whom it was paid.

Amendment of 61 & 62 Vict. c. 37. s. 69, as to salaries of officers.

4. In section sixty-nine of the principal Act, the following provision shall be inserted and shall be deemed to have had effect as from the appointed day under the principal Act:—

“For the purpose of the application of section one hundred and ten of the Grand Juries Act, 1836, to any county of a city constituted by this Act, that county of a city shall be treated in the same manner as the city of Cork is treated for the purposes of the said section.”

Amendment of 61 & 62 Vict. c. 37. s. 103, as to expenses.

5. Any expenses of the Appeal Commission and of any officer assigned by the Local Government Board to assist the Commission mentioned in section one hundred and three of the principal Act incurred after the thirty-first day of March last before the passing of this Act, shall be defrayed out of the sums paid to the Local Taxation (Ireland) Account under section fifty-eight of the principal Act.

Power to grant gratuities under 61 & 62 Vict. c. 37. s. 115 (19), and to commute allowances.

6.—(1) Where an officer becomes after the passing of this Act entitled to compensation in pursuance of subsection (19) of section one hundred and fifteen of the principal Act, the council by whom the compensation is payable may, if they think fit, on the application of such officer, award him in lieu of an annual allowance, a gratuity according to the scale in Part One of the Seventh Schedule to the principal Act, and the amount of any such gratuity shall in case of dispute be determined by the Treasury.

(2) Where an annual allowance has before the passing of this Act been awarded to an officer under the said subsection the council may, if they think fit, on the application of the officer, commute the allowance by the payment of a gratuity calculated on the basis contained in the Schedule to this Act.

(3) The provision of a gratuity by a council under this section shall be a purpose for which such council may borrow in accordance with the enactments relating to borrowing by such council.

Amendment of 61 & 62 Vict. c. 37. s. 121, as to certain expenses.

7. Where the duties under the Juries (Ireland) Acts, 1871 to 1894, are performed by an existing clerk of a union in pursuance of section one hundred and twenty-one of the principal Act, the expenses thereby incurred shall be raised equally over the whole county.

Amendment of Application of Enactments Order, 1898, Schedule, Article 19.

8. Notwithstanding anything in Article nineteen of the Schedule to the Local Government (Application of Enactments) Order, 1898[¹] , the audit of the accounts of receipts or payments in respect of the poor rate, or money raised by the poor rate, in every urban district shall be yearly.

Amendment of Application of Enactments Order, 1898, Schedule, Article 24.

6 & 7 Vict. c. 93.

9 & 10 Vict. c. 87.

40 & 41 Vict. c. 15.

53 & 54 Vict. c. 70.

9. Article twenty-four of the Schedule to the Local Government (Application of Enactments) Order, 1898[¹], shall apply to every town in like manner as it applies to any county borough or other borough, and shall also apply to the powers conferred by section eight of the Municipal Corporations (Ireland) Act, 1843, by section ten of the Baths and Wash-houses (Ireland) Act, 1846, by section five of the Public Libraries (Ireland) Act, 1877, and by sections ninety-eight and ninety-nine of the Housing of the Working Classes Act, 1890.

Amendment of Application of Enactments Order, 1898, Schedule, Article 36.

10. Notwithstanding anything in Article thirty-six of the Schedule to the Local Government (Application of Enactments) Order, 1898,[¹] in no case shall a larger quorum than seven members be required in the case of any rural district council.

Short title, and construction of Act.

11.—(1.) This Act may be cited as the Local Government (Ireland) Act, 1900, and shall be construed as one with the Local Government (Ireland) Act, 1898, which is in this Act referred to as “the principal Act,” and the principal Act and this Act may be cited together as the Local Government (Ireland) Acts, 1898 and 1900.

[Sub-s. (2) rep. 8 Edw. 7. c. 49 (S.L.R.).]

SCHEDULE.

Basis of Commutation.

[¹ Short title, “The Local Government (Ireland) Act, 1900.” See s. 11(1).]

[¹ This Order as amended by this Act and by the Local Government (Ireland) Act, 1902 (2 Edw. 7. c. 38), is printed in Stat. Rules and Orders, Rev. 1904, VII. “Local Government, I.,” pp. 6-39. Art. 24 of the Schedule to the Order of 1898, as thus amended, applies to the powers conferred by 18 & 19 Vict. c. 40, s. 9; see 2 Edw. 7. c. 38, s. 11.]