Local Government and Public Health Provisional Order Confirmation Act, 1937

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Number 2 (Private) of 1937.

LOCAL GOVERNMENT AND PUBLIC HEALTH PROVISIONAL ORDER CONFIRMATION ACT, 1937.

ARRANGEMENT OF SECTIONS

SCHEDULE

CORK PORT SANITARY ORDER, 1936.

Number 2 (Private) of 1937.

LOCAL GOVERNMENT AND PUBLIC HEALTH PROVISIONAL ORDER CONFIRMATION ACT, 1937.

AN ACT TO CONFIRM THE CORK PORT SANITARY ORDER, 1936. [11th March, 1937.]

WHEREAS the Cork Port Sanitary Order, 1936, set out in the Schedule to this Act has been duly made by the Minister for Local Government and Public Health under the Public Health (Ireland) Acts, 1878 to 1919, as adapted by the Adaptation of Enactments Act, 1922 (No. 2 of 1922):

AND WHEREAS under the provisions of the said Acts the said Order is of no force whatever unless and until confirmed by the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Confirmation of Order in Schedule.

1.—The Order set out in the Schedule to this Act is hereby confirmed and all the provisions thereof shall have full validity and force.

Short title.

2.—This Act may be cited as the Local Government and Public Health Provisional Order Confirmation Act, 1937.

SCHEDULE.

CORK PORT SANITARY ORDER, 1936.

WHEREAS by provisional order called the Cork Port Sanitary Order, 1903, as confirmed by the Local Government Board (Ireland) Provisional Orders Confirmation (No. 5) Act, 1903 (which Order and Act are hereinafter referred to respectively as “the Order of 1903” and “the Act of 1903”), a port sanitary authority was constituted for that part of the customs port of Cork described in the Order of 1903 by forming a joint board under the name of the Cork Port Sanitary Authority consisting of members of the several component authorities therein specified:

AND WHEREAS by provisional order called the Cork Port Sanitary Order, 1927, as confirmed by the Local Government and Public Health Provisional Order Confirmation, Act, 1928 (which Order and Act are hereinafter referred to respectively as “the Order of 1927” and “the Act of 1928”) it was provided that the Act of 1903, so far as it relates to the Order of 1903, should be altered and amended to the intent inter alia, that the Cork Board of Public Health should be a component authority for the purposes of the Order of 1903 and the Order of 1927 and that the said board as such component authority should contribute to the expenses of the Cork Port Sanitary Authority in a specified proportion:

AND WHEREAS by the Local Government (Amendment) (No. 2) Act, 1934 , and the Cork County Dividing Order, 1934, the Cork Board of Public Health was dissolved and has ceased to exist:

AND WHEREAS by the Local Government (Amendment) (No. 2) Act, 1934 , and the Cork County Dividing Order, 1934, the South Cork County Health District has been created and the Council of the Administrative County of Cork (hereinafter referred to as “the County Council”) is the sanitary authority for the said South Cork County Health District:

AND WHEREAS in pursuance of section 10 of the Local Government Act, 1925, the powers and duties of the County Council as sanitary authority for the South Cork County Health District are exercised and performed through and by the South Cork Board of Public Health:

AND WHEREAS the South Cork County Health District forms part of or abuts on the said part of the said port and the County Council acting through and by the South Cork Board of Public Health is a sanitary authority having jurisdiction in the said part of the said port:

AND WHEREAS it appears to the Minister for Local Government and Public Health that it is expedient to amend the Act of 1928 to the intent that the South Cork Board of Public Health should be a component authority for the purposes of the Order of 1903 and the Order of 1927 in lieu of the said dissolved Cork Board of Public Health and that the said South Cork Board of Public Health should contribute to the expenses of the Cork Port Sanitary Authority in the same proportion as the said dissolved Board formerly contributed:

AND WHEREAS notice of the purport of this Order was published in the Cork Examiner on the 26th day of September, 1936, and the 3rd day of October, 1936:

AND WHEREAS no objection to this Order has been made to the Minister for Local Government and Public Health by any person affected thereby:

NOW, THEREFORE, the Minister for Local Government and Public Health, in exercise of the powers conferred on him by section 214 of the Public Health (Ireland) Act, 1878 , and of all other powers in this behalf enabling him, hereby orders as follows, that is to say:—

1. The Local Government and Public Health Provisional Order Confirmation Act, 1928 , is hereby amended as follows, that is to say:—

(a) every reference to the Cork Board of Public Health contained in the Cork Port Sanitary Order, 1927, (being the Order set out in the schedule to the said Act) shall be construed as a reference to the South Cork Board of Public Health;

(b) every reference to the County Health District of Cork contained in the said Order shall be construed as a reference to the South Cork County Health District.

2. The immediately preceding paragraph of this Order shall come into operation on such day subsequent to the passing of the Act of the Oireachtas confirming this Order as may be fixed by the Minister for Local Government and Public Health.

3. All costs and expenses incurred by the Minister for Local Government and Public Health in relation to the application for, preparation of, making and confirming this Order shall be deemed to be and be defrayed as expenses incurred by the Cork Port Sanitary Authority in the execution of the Order of 1903, the Order of 1927, and this Order and shall be paid by the said Port Sanitary Authority to the Minister for Local Government and Public Health.

4. This Order may be cited as the Cork Port Sanitary Order, 1936.