Local Government Act, 1941

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Number 23 of 1941.

LOCAL GOVERNMENT ACT, 1941.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

PART II.

Offices and Employments Under Local Authorities.

Chapter I.

General.

Chapter II.

Provisions applicable to both major and other offices.

Chapter III.

Provisions applicable to major offices only.

PART III.

Constitution and Procedure of Local Authorities.

PART IV.

Removal from Office of the Members of a Local Authority.

PART V.

Provisions in Relation to Rates.

PART VI.

Provisions in Relation to Borrowing by Local Authorities.

PART VII.

Provisions Relating to Audit of Accounts, etc.

PART VIII.

Approved Local Councils.

PART IX.

Miscellaneous.

FIRST SCHEDULE.

SECOND SCHEDULE.

THIRD SCHEDULE.

Number 23 of 1941.

LOCAL GOVERNMENT ACT, 1941.

AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO LOCAL GOVERNMENT AND TO MAKE CERTAIN AMENDMENTS IN THE LAW RELATING TO LOCAL GOVERNMENT. [23rd September, 1941.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and collective citation.

1.—(1) This Act may be cited as the Local Government Act, 1941.

(2) This Act and the Acts mentioned in the First Schedule to this Act may be cited together as the Local Government Acts, 1925 to 1941.

Definitions.

2.—(1) In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the expression “the Act of 1923” means the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923);

the expression “the Act of 1925” means the Local Government Act, 1925 (No. 5 of 1925);

the expression “the Act of 1926” means the Local Authorities (Officers and Employees) Act, 1926 , (No. 39 of 1926);

the expression “the Act of 1927” means the Local Government Act, 1927 (No. 3 of 1927);

the word “hereditament” includes a tenement;

the word “prescribed” means prescribed by the Minister by regulations made under this Act.

(2) Each of the following bodies (whether corporate or unincorporated) shall be a local authority for the purposes of this Act and the Acts which may be collectively cited with this Act, that is to say:—

(a) a council of a county, a corporation of a county or other borough, a council of an urban district, a public assistance authority, commissioners of a town, a port sanitary authority, and

(b) a committee or joint committee or board or joint board (whether corporate or unincorporated) appointed by or under statute to perform the functions or any of the functions of any of the bodies mentioned in the immediately preceding paragraph of this sub-section, and

(c) a committee or joint committee or board or joint board (whether corporate or unincorporated), other than a vocational education committee or a committee of agriculture of or appointed by one or more of the bodies mentioned in paragraph (a) of this sub-section.

(3) No body which by any enactment in force immediately before the commencement of this section is declared to be a local authority for the purpose of any particular provision of the Acts which may be collectively cited with this Act shall cease to be a local authority for such purpose by reason only of the provisions of the immediately preceding sub-section of this section.

(4) Notwithstanding anything contained in this section, every reference in this Act to a meeting, member, committee, member of a committee, or meeting of a committee of a local authority shall, where the local authority in question is a corporation of a county or other borough, be construed as a reference to a meeting, member, committee, member of a committee, or meeting of a committee (as the case may be) of the council established by law in respect of such county or other borough.

Commencement.

3.—This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

Regulations.

4.—The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

Repeals.

5.—The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

PART II.

Offices and Employments Under Local Authorities.

Chapter I.

General.

Additional local authorities for purposes of this Part of this Act.

6.—In addition to the bodies specified in sub-section (2) of section 2 of this Act, every sub-committee appointed by a local pensions committee under section 8 of the Old Age Pensions Act, 1908, shall be a local authority for the purposes of this Part of this Act.

“Office”.

7.—In this Part of this Act the word “office”, when used without qualification, means an office under a local authority.

The appropriate Minister.

8.—(1) Subject to the provisions of the next following sub-section of this section, the Minister shall be the appropriate Minister for the purposes of this Part of this Act.

(2) Where, in the opinion of the Minister, the duties of a particular office or of offices of a particular class or description relate wholly or mainly to the functions of another Minister of State, the Minister may, with the consent of such other Minister, by order provide that such other Minister shall for the purposes of this Part of this Act be the appropriate Minister in relation to such office or offices and holders thereof and thereupon such other Minister shall for the said purposes be the appropriate Minister in relation to such office or offices and holders thereof.

(3) Where a Minister of State, by virtue of an order under the immediately preceding sub-section of this section, is for the purposes of this Part of this Act the appropriate Minister in relation to any office or officer, such Minister shall not exercise in relation to the remuneration of such office or officer any power conferred on the appropriate Minister by this Part of this Act save after consultation with the Minister.

(4) In this Part of this Act the expression “the appropriate Minister” means such Minister of State as is appropriate in each case having regard to the provisions of this section and the orders made thereunder.

“Major office.”

9.—(1) In this Part of this Act the expression “major office” means any office declared to be a major office by a declaration made or deemed to have been made under this section.

(2) The appropriate Minister may declare a specified office in relation to which he is the appropriate Minister or such of the offices in relation to which he is the appropriate Minister as belong to a specified class, description, or grade to be a major office or major offices (as the case may be).

(3) Every order in force immediately before the commencement of this section whereby an office is prescribed by the Minister to be an office to which section 15 of the Act of 1923 applies shall, upon and after such commencement, be deemed to be a declaration made by the appropriate Minister under this section declaring such office to be a major office and to be capable of being revoked or amended accordingly.

General provision in relation to appointments, duties, and remunerations.

10.—(1) Subject to the provisions of this Part of this Act—

(a) every local authority may appoint such officers and employ such servants as are necessary for the performance of the functions for the time being of such local authority;

(b) every officer appointed or servant employed by a local authority shall perform such duties and be paid such remuneration as such local authority may from time to time assign to him.

(2) Any officer of a local authority who is aggrieved by a decision of such local authority in relation to his remuneration, duties, or conditions of service may appeal against such decision to the appropriate Minister in the prescribed manner and on notice to such local authority and the appropriate Minister, after consideration of such appeal and of the representations (if any) of such local authority in relation thereto, shall either (as he thinks proper) refuse such appeal or give to such local authority such direction as the appropriate Minister considers will remedy the grievance of such officer.

(3) Any local authority to whom a direction is given under the immediately preceding sub-section of this section shall comply with such direction.

Directions to appoint officers.

11.—The appropriate Minister may by order direct the kind and number of the officers to be appointed by a local authority for any purpose, and thereupon it shall be the duty of such local authority from time to time to appoint for that purpose such and so many (and no other) officers as may be necessary to conform with the requirements of such order.

Determination of certain doubts, etc.

12.—Where any doubt, dispute, or question arises or, in the opinion of the Minister, is likely to arise as to whether any particular position under a local authority is or is not for the purposes of this Act or of any of the Acts which may be collectively cited with this Act an office or as to whether any particular person is or is not for any of the said purposes an officer, such doubt, dispute, or question shall be decided by the Minister and such decision shall be final.

Revocation and amendment of Orders, etc., under this Part of this Act.

13.—Every power conferred by any section of this Part of this Act to make any order, regulation, direction, or declaration, shall be construed as including a power to revoke or amend any order, regulation, direction, or declaration made under such section.

Continuance of certain Orders.

14.—Every order by whomsoever made which is lawfully in force immediately before the commencement of this section and which—

(a) directs the kind or number of the officers to be appointed by a local authority for any purpose, or

(b) determines the duties, conditions of service, or remuneration of any office, or

(c) regulates the continuance in office of holders of any office,

shall, from and after such commencement and in so far as it is not inconsistent with this Part of this Act, continue in force and be deemed to be made by the appropriate Minister under this Part of this Act and to be capable of being amended or revoked accordingly.

Preservation of necessity for sanction of Minister for Finance.

15.—Notwithstanding anything contained in this Part of this Act, where, by any enactment in force immediately before the commencement of this section, the sanction of the Minister for Finance is required in fixing or altering the remuneration of any officer, the remuneration of such officer shall not be fixed or altered after the commencement of this section without the sanction of the said Minister.

Application of this Part of this Act to existing officers.

16.—The fact that an officer is in office at the commencement of any section of this Part of this Act shall not be a ground for contending that such section does not apply in relation to such officer.

Exclusion of certain offices from this Part of this Act.

17.—For the purposes of this Part of this Act, the following offices shall be deemed not to be offices under a local authority and every holder, as such, of any of those offices shall be deemed not to be an officer of a local authority, that is to say:—

(a) the office of coroner,

(b) the office under the Courthouses (Provision and Maintenance) Act, 1935 (No. 18 of 1935), of caretaker of courthouse accommodation,

(c) the office under the said Act of assistant to the care-taker of courthouse accommodation,

(d) the office under the Pounds (Provision and Maintenance) Act, 1935 (No. 17 of 1935), of pound-keeper, and

(e) the office under the said Act of assistant to a pound-keeper.

Repeal of certain powers and conditions.

18.—(1) In this section the expression “power to which this section applies” means a power to do any of the following things in relation to any office other than an office of county manager under a council of a county or an office of city manager under a corporation of a county borough, that is to say:—

(a) to remove from office,

(b) to fix or sanction remuneration,

(c) to prescribe qualifications,

(d) to assign duties,

(e) to define or regulate conditions of service,

(f) to require the giving of security or fix the amount or nature of such security,

(g) to provide for the performance by deputy of duties.

(2) So much of any enactment in force immediately before the commencement of this section as confers a power to which this section applies on any Minister of State, local authority, or other person is hereby repealed.

(3) So much of any enactment in force immediately before the commencement of this section as imposes any conditions on the exercise of a power to which this section applies conferred on the appropriate Minister or a local authority by or under this Part of this Act is hereby repealed.

Chapter II.

Provisions applicable to both major and other offices.

General Regulations in relation to offices and their holders.

19.—(1) The appropriate Minister may, for all or any of the following purposes, make regulations applying to all the offices in relation to which he is the appropriate Minister and their holders or to such of those offices as belong to a specified class, description, or grade and their holders, that is to say:—

(a) determining remuneration,

(b) regulating the payment and amount of travelling expenses,

(c) determining hours of duty,

(d) providing for records of attendance,

(e) regulating the granting of sick and other leave and the payment of remuneration during leave,

(f) requiring holders to give security for the due and proper performance of their duties and regulating the nature and amount of such security,

(g) prescribing the procedure to be followed by local authorities in making appointments otherwise than on the recommendation of the Local Appointments Commissioners and in obtaining candidates when proposing to make appointments as aforesaid,

(h) regulating continuance in and cesser of office,

(i) fixing periods, upon the expiration of which in relation to holders respectively, they shall cease to hold office unless they have theretofore satisfied or complied with specified requirements or conditions,

(j) providing, in case of holders being ill, absent, or incapacitated, for the performance by deputy of such of their duties as relate to the functions of a local authority.

(2) Without prejudice to the provisions of the next following sub-section of this section, every regulation under this section shall have the force of law in accordance with its terms in relation to the offices and holders of offices to which such regulation applies.

(3) The appropriate Minister may, subject to such conditions (if any) as he thinks proper, authorise a departure to be made in any particular case from any regulation under this section and thereupon it shall be lawful, subject to compliance with the said conditions (if any), to make in that particular case the departure so authorised.

Powers of appropriate Minister in relation to duties of office.

20.—(1) The appropriate Minister may by declaration do all or any of the following things in respect of a specified office in relation to which he is the appropriate Minister or in respect of such of the offices in relation to which he is the appropriate Minister as belong to a specified class, description or grade, that is to say:—

(a) define the duties of holders thereof,

(b) assign a particular duty to holders thereof,

(c) define the places or limits within which all or any of the duties of holders thereof are to be performed.

(2) Every declaration made under this section shall have the force of law in relation to the office or offices in respect of which it was made and to holders thereof.

Qualifications for offices.

21.—(1) The appropriate Minister may declare a qualification of any of the following classes or descriptions to be a qualification for a specified office in relation to which he is the appropriate Minister or for such of the offices in relation to which he is the appropriate Minister as belong to a specified class, description or grade, that is to say:—

(a) qualifications relating to character,

(b) qualifications relating to age, health, or physical characteristics,

(c) qualifications relating to education, training, or experience,

(d) qualifications relating to residence,

(e) qualifications relating to sex,

(f) the qualification that any woman holding the office in question be either unmarried or a widow.

(2) The appropriate Minister shall not declare under this section that any qualification relating to sex is a qualification for any office unless he is of opinion that the duties of such office so require.

(3) Before declaring under this section that any qualification is a qualification for any office to which the Act of 1926 applies, the appropriate Minister shall consult with the Local Appointments Commissioners.

(4) Sub-sections (1) and (2) of section 7 of the Act of 1926 shall cease to have effect in relation to every office under a local authority, and every reference in that Act to the qualifications prescribed under that Act shall be construed in relation to every office under a local authority as a reference to the qualifications (if any) for the time being declared under this section to be the qualifications for such office.

(5) For the purposes of the Act of 1926, none of the following qualifications shall be deemed to be professional or technical, that is to say:—

(a) certification as a midwife,

(b) registration as a nurse,

(c) any qualification relating to training or experience as a nurse or midwife,

(d) any qualification relating to the knowledge required by a nurse or midwife.

(6) Subject to the provisions of the next following sub-section of this section, no person shall be appointed to any office for which any qualifications are for the time being declared under this section to be the qualifications unless he possesses those qualifications.

(7) Whenever it is necessary to fill immediately any office for which any qualifications are for the time being declared under this section to be the qualifications and no suitable person possessing such qualifications is available for appointment, the appropriate Minister may, on the application of the local authority concerned, authorise an appointment, limited as to its duration to a specified period, to be made to such office without reference to such qualifications and thereupon such appointment may be so made,

(8) A person appointed to any office in pursuance of an authorisation under the immediately preceding sub-section of this section shall (unless for any reason he has previously ceased to hold office) cease to hold office on the occurrence of whichever of the following events first occurs, that is to say:—

(a) the expiration of the period specified in that behalf in such authorisation,

(b) the appointment to such office of a person possessing the qualifications for the time being declared under this section to be the qualifications for such office.

(9) For the purposes of this section, the fact that a person has been recommended by the Local Appointments Commissioners for appointment to any office shall be conclusive evidence that he possessed at the time of such recommendation the qualifications (if any) for the time being declared under this section to be the qualifications for such office.

(10) The Local Appointments Commissioners shall, before recommending a person to a local authority for appointment to any office, satisfy themselves that such person possesses the requisite knowledge and ability for the proper discharge of the duties of such office.

Inclusive remuneration.

22.—(1) Subject to the provisions of the next following sub-section of this section, where the remuneration payable to the holder of any office is fixed or altered by the appropriate Minister, the appropriate Minister may direct that such holder shall pay over to the local authority under which such office is held any fees or other moneys (other than such remuneration as so fixed or altered) payable to and received by such holder by virtue of such office or in respect of services which the holder of such office is required by or under any enactment to perform.

(2) Where a person is for the time being the holder of a particular office, no direction shall, save with his consent, be given under this section in relation to such person as the holder of that office.

(3) Where a direction has been given under this section for the payment to a local authority by the holder of an office of any fees or other moneys, it shall be the duty of such holder to account for and pay over to such local authority the said fees or moneys.

(4) Where the holder of an office in relation to whom a direction under this section is given also holds an office under a Department of State, any fees or other moneys received by such holder by virtue of the latter office shall be deemed for the purposes of this section to be received by such holder by virtue of the former office.

Age limit.

23.—(1) The appropriate Minister may declare any specified age to be the age limit for all the offices in relation to which he is the appropriate Minister or for such of those offices as belong to a specified class, description, or grade or for one or more specified such offices.

(2) Every declaration under this section shall come into force six months after the day on which it is made.

(3) Where a declaration under this section is for the time being in force in relation to any particular office, the following provisions shall have effect, that is to say:—

(a) if on the day when such declaration comes into force there is a holder of such office and such holder, on that day, reaches or is older than the age specified in such declaration as the age limit for such office, such holder shall cease to hold such office on the said day when such declaration comes into force;

(b) if on a day after the day when such declaration comes into force any holder of such office reaches the age specified in such declaration as the age limit for such office, such holder shall cease to hold such office on the said day after the day on which such declaration comes into force.

(4) Any person who ceases under the immediately preceding sub-section of this section to hold an office shall, where necessary for the purposes of sub-section (1) of section 44 of the Act of 1925 or of any other enactment relating to the superannuation of officers of local authorities, be deemed to have become incapable of discharging the duties of such office with efficiency by reason of old age and shall, where necessary for the purposes of the Local Government (Ireland) Act, 1919, be deemed to have resigned such office with the consent of the Minister.

Requisition to resign from office.

24.—(1) Where the appropriate Minister is satisfied—

(a) that the holder of an office does not possess a qualification which before the appointment of such holder to such office, has been declared under this Part of this Act to be a qualification for such office, or

(b) that, on account of any alteration (whether it has already occurred or is in contemplation) in the conditions of service or the nature or extent of the duties attached to such office, it is in the public interest that the holder of such office should resign therefrom,

the appropriate Minister may require the holder of such office to resign within a specified period and, if such holder refuses to resign from such office or fails to resign from such office within the said period, may by order remove such holder from such office.

(2) Subject to the provisions of the next following sub-section of this section every holder of an office who is required under this section to resign from such office within a specified period and has complied with such requirement in that period or has been removed from such office under this section shall, for the purposes of any enactment relating to superannuation or compensation for loss of office, be deemed to have been removed from such office for a cause other than misconduct or incapacity.

(3) The provisions of the immediately preceding sub-section of this section shall not have effect in either of the following cases, that is to say:—

(a) where the holder of an office is required under this section to resign therefrom by reason of his not possessing a qualification declared under this Part of this Act before his appointment to such office to be a qualification therefor;

(b) where—

(i) the holder of an office (in this paragraph referred to as the first office) is required under this section to resign therefrom within a specified period, and

(ii) such holder either complies with such requirement in that period or is removed from the first office under this section, and

(iii) the relevant local authority, before such resignation or removal (as the case may be) from the first office, offers to appoint such holder to another office the salary and emoluments of which are not less than those of the first office, and

(iv) such holder, before his resignation or removal (as the case may be) from the first office, refused or failed to accept such appointment, and

(v) the position of such holder would, in the opinion of the Minister, not be materially altered to his detriment if he were transferred from the first office to such other office.

(4) For the purposes of the application of this section to a person holding office immediately before the commencement of this section, every (if any) qualification which was prescribed under the Act of 1926 for such office before the appointment of such person thereto shall be deemed to have been declared under this Part of this Act before such appointment to be a qualification for such office.

Removal from office by appropriate Minister.

25.—(1) For the purposes of this section, the following shall be the statutory grounds for the removal of the holder of an office from such office, that is to say:—

(a) unfitness of such holder for such office,

(b) the fact that such holder has refused to obey or carry into effect any order lawfully given to him as the holder of such office, or has otherwise misconducted himself in such office,

and, in this section, the expression “statutory grounds for removal from office” shall be construed accordingly.

(2) Where the appropriate Minister is satisfied as a result of any local inquiry that any of the statutory grounds for removal from office exists as regards the holder of an office, the appropriate Minister may by order remove such holder from such office.

(3) Where the appropriate Minister is of opinion that any of the statutory grounds for removal from office exists as regards the holder of an office, the appropriate Minister may send by post to such holder at the principal office of the local authority under which such holder holds such office a notice in writing stating the said opinion, and if the appropriate Minister, after the expiration of seven days from the sending of such notice and after consideration of the representations (if any) made to him by such holder, remains of the said opinion, he may by order remove such holder from such office.

(4) Where the holder of an office is convicted of an offence which, in the opinion of the appropriate Minister, renders him unfit for such office, the appropriate Minister may by order remove such holder from such office.

Removal from office by local authority.

26.—(1) The appropriate Minister may empower the relevant local authority to remove from office with the consent of the Minister the holder of any office and may define the procedure to be adopted and the conditions to be fulfilled in relation to the exercise of the power so conferred.

(2) The powers conferred by this section on the appropriate Minister shall be exercised by means of regulations applying to all the offices in relation to which he is the appropriate Minister or to such of those offices as belong to a specified class, description, or grade.

(3) Every local authority to which any regulations under this section apply shall, subject to the terms of such regulations, have the powers of removal from office specified therein.

Suspension of officers.

27.—(1) Whenever in respect of the holder of an office under a local authority there is, in the opinion of such local authority or of the appropriate Minister, reason to believe that such holder has failed to perform satisfactorily the duties of such office or has misconducted himself in relation to such office or is otherwise unfit to hold such office, such local authority or the appropriate Minister (as the case may be) may suspend such holder from the performance of the duties of such office while such alleged failure, misconduct, or unfitness is being inquired into and the disciplinary action (if any) to be taken in regard thereto is being determined.

(2) The appropriate Minister may terminate a suspension under this section and every such suspension shall continue until so terminated.

(3) Whenever the holder of an office under a local authority is suspended under this section, he shall forthwith hand over to such local authority all books, deeds, contracts, accounts, vouchers, maps, plans and other documents in his possession, custody, or control which relate to such office.

(4) The holder of an office who is suspended under this section shall not be paid any remuneration in respect of such office during the continuance of his suspension and, upon the termination of his suspension, the remuneration which he would, had he not been suspended, have been paid during the period of suspension shall be wholly or partly forfeited, or paid to him, or otherwise disposed of, as the appropriate Minister shall direct.

(5) Nothing in this section shall be construed as removing any restriction under any enactment in force immediately before the commencement of this section or coming into force at the same time as such commencement on the exercise of the power to suspend a city manager or a county manager.

(6) Section 11 of the Act of 1926 shall cease to have effect in relation to officers and servants of local authorities.

Chapter III.

Provisions applicable to major offices only.

Restrictions on appointments to certain major offices.

28.—(1) No appointment to which this section applies shall be made by a local authority without the previous sanction of the appropriate Minister unless such appointment is an appointment (in this section referred to as a provisional appointment) made on the basis that, if and when the appropriate Minister refuses to sanction such appointment, the person appointed shall forthwith cease to hold office.

(2) Where a local authority make a provisional appointment the following provisions shall have effect, that is to say:—

(a) such local authority shall forthwith seek the sanction of the appropriate Minister to such appointment,

(b) the appropriate Minister shall thereupon, as he thinks proper, give or refuse to give such sanction,

(c) if the appropriate Minister gives such sanction, such appointment shall become final with effect as from the date on which it was made by such local authority, and

(d) if the appropriate Minister refuses to give such sanction, the person appointed shall forthwith cease to hold office.

(3) This section applies to every appointment to a major office which is not made on a recommendation by the Local Appointments Commissioners of the appointment of one person only.

Fixing by appropriato Minister of remuneration of major office.

29.—The appropriate Minister may by order fix the amount and nature of the remuneration of holders of a specified major office and such order shall have the force of law in accordance with its terms in relation to such office and holders thereof and, if and in so far as it conflicts with any regulation made under this Part of this Act, shall override such regulation.

Restriction on remuneration of major offices in certain cases.

30.—Where in relation to any major office regulations under this Part of this Act determining the remuneration of holders are not for the time being in force, a local authority shall not fix or alter the remuneration of holders generally or of any particular holder of the said office without the sanction of the appropriate Minister.

Provision applicable where holder of major office is appointed to another major office.

31.—(1) Where a person who is the holder of a major office (in this sub-section referred to as the first office) is appointed with his consent to another major office, such person shall thereupon cease to hold the first office unless before such appointment the appropriate Minister in relation to the first office consented to such person continuing to hold the first office in the event of his being appointed to such other major office.

(2) A person who under this section ceases to hold a major office shall not be entitled to any compensation for the loss of such office, but shall be entitled for the purposes of the enactments relating to superannuation to reckon his period of service in such office and his period of service in the other major office to which he is appointed as one continuous period of service.

Amalgamation of major offices.

32.—(1) Where the same Minister is the appropriate Minister in relation to any particular major offices, such Minister may, subject to the provisions of this section and after consultation with the local authority or local authorities concerned, by order amalgamate the said offices, and thereupon the said offices shall be deemed for all purposes to be one office.

(2) Offices shall not be amalgamated under this section unless—

(a) each of the said offices is vacant, or

(b) each of the said offices is held by the same person, or

(c) one only of such offices being not vacant, the holder thereof consents to the making of such order, or

(d) in any other case, the same person holds each of such of the said offices as are not vacant and such person consents to the making of such order.

(3) Where offices amalgamated under this section are not all under the same local authority, the appropriate Minister may by order provide for appointments to the amalgamated office being made by a specified one of the local authorities concerned and for the payment in specified proportions by such local authorities of the remuneration of such office.

PART III.

Constitution and Procedure of Local Authorities.

Number of members of councils of counties.

33.—(1) Before the elections held next after the commencement of this section of members of councils of counties, the Minister shall by order or by two or more orders—

(a) fix the total number of the members of every council of a county, and

(b) divide every county into county electoral areas, and

(c) fix in respect of every county, the number of members of the council of such county to be elected from every county electoral area in such county.

(2) The total number of the members of the council of a county fixed by an order under this section shall be—

(a) where immediately before the commencement of this section the total number of members of such council is a number less than thirty, a number not less than twenty, and

(b) in any other case, a number not less than two-thirds of the total number of members of such council immediately before such commencement.

(3) On and after the ordinary day of retirement of members of councils of counties next after the commencement of this section, the total number of members of the council of each county shall be the number fixed in that behalf by order under this section.

(4) The division of a county into county electoral areas made by an order under this section shall have effect for the purposes of the elections held next after the commencement of this section of members of councils of counties and thereafter.

(5) The number of members of the council of each county to be elected for each county electoral area in such county at any election held after the commencement of this section shall be the number fixed in that behalf by order under this section.

(6) Nothing in this section shall be construed as preventing or restricting any alteration under Article 25 of the Schedule to the Local Government (Application of Enactments) Order, 1898 of the number of members of the council of any county.

(7) The Minister may by order amend or modify any division made by an order under this section (including an order under this sub-section) of any county into county electoral areas or alter the number of members of the council of any county to be elected by virtue of an order under this section (including an order under this sub-section) from any county electoral area in such county, and every such amendment modification, or alteration shall have effect for the purposes of the elections held next after the making of such amendment, modification or alteration and thereafter.

Constitution and election of certain urban authorities.

34.—(1) In this section the word “borough” does not include a county borough or the borough of Dun Laoghaire or the borough of Galway.

(2) Before the elections held next after the commencement of this section of members of councils of boroughs, councils of urban districts, and commissioners of towns, the Minister shall by order fix the total number of the members of every such council or commissioners and, on and after the fifth day after the day which is fixed for the holding of the said elections, and for the purposes of the said elections, the number of such members shall be the number so fixed.

(3) Subject to the provisions of the next following section, at every election of the members of any council of a borough, council of an urban district, or commissioners of a town there shall be one electoral area which shall consist of such borough, urban district, or town (as the case may be), and all such members shall be elected for such electoral area.

(4) Subject to the provisions of the next following section, there shall be four aldermen for every borough.

(5) Nothing in this section shall be construed as preventing or restricting any alteration under Article 26 of the Schedule to the Local Government (Application of Enactments) Order, 1898, of the number of members of the council of any urban district or borough.

Division of boroughs and urban districts into two or more electoral areas.

35.—(1) In this section the word “borough” does not include a county borough or the borough of Dun Laoghaire or the borough of Galway.

(2) The Minister may by order divide any borough or urban district into two or more local electoral areas and fix the number of the members of the council of such borough or urban district to be elected for each such area.

(3) The division of a borough or urban district into two or more local electoral areas made by an order under this section shall have effect for the purposes of the election held next after the making of such order and thereafter.

(4) The number of members of the council of a borough or urban district to which an order under this section relates to be elected for each local electoral area at any election held after the making of such order shall be the number fixed in that behalf by such order.

(5) In every borough in respect of which an order under this section is in force, there shall, as from the election held next after the making of such order, be two aldermen for and elected from every local electoral area in such borough.

(6) The Minister may by order revoke, amend or modify an order under this section (including an order under this sub-section), and every such revocation, amendment or modification shall have effect for the purposes of the election held next after the making of such revocation, amendment, or modification and thereafter.

Aldermen of borough after uncontested election.

36.—Where at an election of members of the council established by law in respect of any county or other borough (not being the Borough of Dun Laoghaire), no poll is taken in any particular borough electoral area the number of aldermen of such borough elected from such borough electoral area shall be the same number as if such poll had been taken and such council shall determine which of the members elected from such borough electoral area shall be such aldermen.

Failure to nominate sufficient persons to form quorum.

37.—(1) Where at the nomination of candidates at an election of members of a local authority either no candidates are duly nominated or the candidates duly nominated are less in number than the quorum for meetings of such local authority, such election shall not be proceeded with and Part IV of this Act shall have effect in relation to such local authority as if on the day on which such election was to have been held the members thereof had been removed from office under the said Part IV or, if such election is a new election within the meaning of the said Part IV, had again been removed from office under the said Part IV.

(2) Where in pursuance of sub-section (1) of this section an election is not proceeded with and such election would have been proceeded with but for a decision of the returning officer refusing to accept one or more nominations of candidates, the decision of the returning officer in respect of such nomination or any of such nominations (as the case may be) may be questioned by an election petition.

(3) Where the court trying an election petition in relation to an election of members of a local authority declares that by reason of a deficiency in the number of candidates duly nominated such election should not have been proceeded with, the following provisions shall have effect, that is to say:—

(a) the said election shall be deemed not to have been held andthe persons elected at such election shall be deemed not to have come into office;

(b) every act done during the period between the completion of such election and the determination of such election petition which was done by the persons or any one or more of the persons declared elected at such election and which purported to be an act of such local authority or an act done by virtue of the membership of such local authority of such one or more persons (as the case may be) shall be as valid and effectual as if all the persons declared elected at such election had been validly elected and qualified to act as members of such local authority;

(c) every such act which was done by an individual person declared elected at such election and subsequently declared appointed to the office of chairman, lord mayor, or mayor of such local authority and which purported to be an act done by virtue of the said office shall be as valid and effectual as if all the persons declared elected at such election had been validly elected and qualified to act as members of such local authority and such individual person had been validly appointed to the said office;

(d) subject to the provisions of this sub-section, Part IV of this Act shall have effect in relation to such local authority as if on the day on which such election was held the members thereof had been removed from office under the said Part IV or, if such election was a new election within the meaning of the said Part IV, had again been removed from Office under the said Part IV.

(4) Where the returning officer at an election of members of a local authority refuses to accept one or more nominations and by reason of such decision such election is not proceeded with and a court trying an election petition questioning such decision declares that such decision was wrong and that such election should have been proceeded with, the following provisions shall have effect, that is to say:—

(a) Part IV of this Act shall be deemed to have been in force pursuant to sub-section (1) of this section in relation to such local authority from the day on which such election was to have been held and shall continue so in force until the coming into office of the persons elected at the election held in accordance with the next following paragraph of this sub-section;

(b) the Minister shall, as soon as may be after the determination of such election petition, fix a day for the holding of an election of members of such local authority and such election shall be held on that day.

Insufficiency of nominations not resulting in failure to form quorum.

38.—Where, by reason of a deficiency in the number of candidates duly nominated in one or more electoral areas, the candidates who can be elected at an election of members of a local authority are less in number than the full number of members capable of being elected at such election but are not less in number than the quorum for meetings of such local authority, such local authority shall be validly constituted by virtue of such election notwithstanding the vacancies arising from such deficiency and such vacancies shall be regarded for all purposes (including the purposes of this Act) as casual vacancies caused by refusals immediately after such election to take office and shall be filled accordingly.

Conduct of elections, etc.

39.—In lieu of sub-article (3) (repealed by this Act) of Article 5 of the Schedule to the Local Government (Application of Enactments) Order, 1898, it is hereby enacted that, at every election regulated by rules framed under the said Order, the poll shall be taken by ballot and the enactments set out in the Third Schedule to this Act shall to the extent mentioned in the said Schedule and subject to any adaptations, alterations, and exceptions made by such rules, apply in respect of such election in like manner as they apply in respect of a municipal election.

Failure to accept office.

40.—(1) Where any person, who is elected or chosen to be a member of a local authority and who is required by any enactment in force immediately before the commencement of this section to accept office as such member by making and subscribing within a limited period a declaration accepting such office, does not so accept such office, the following provisions shall apply and have effect, that is to say:—

(a) such person shall be deemed to have refused such office, and

(b) such office shall be vacant and shall, for the purposes of every provision (including provisions contained in this Act) relating to casual vacancies in the membership of such local authority, be deemed to have become vacant by the resignation of its holder on the last day of the said period.

(2) Every provision in any enactment whereby a person, who fails in the manner mentioned in the immediately preceding sub-section of this section to accept office as a member of a local authority, is liable to pay a fine shall cease to have effect.

Doing of acts and deciding of questions at meetings.

41.—Notwithstanding anything contained in any enactment in force immediately before the commencement of this section or commencing at the same time as this section—

(a) any act which, by virtue of any such enactment, may be done at a duly constituted meeting of a local authority by a majority of the members present at such meeting, may be done by a majority of those members who vote at such meeting for and against the doing of such act, and

(b) any question which, by virtue of any such enactment may be decided at a duly constituted meeting of a local authority by a majority of the members present at such meeting, may be decided by a majority of those members who vote at such meeting on the decision of such question.

Casual vacancies in certain urban authorities.

42.—(1) Where a vacancy (in this section referred to as a casual vacancy) occurs in the membership of the council of a borough (not being a county borough or the borough of Dun Laoghaire) or of the council of an urban district or of the commissioners of any town by reason of the death, resignation, disqualification, or refusal to accept office of a member thereof, such vacancy shall be filled by such council or board after due notice at their next meeting after the expiration of one month from the occurrence of such vacancy or as soon thereafter as circumstances permit.

(2) Every person chosen under this section to fill a casual vacancy shall, unless he sooner dies, resigns, or becomes disqualified, or unless he refuses to accept office, hold office for the residue of the term for which the member occasioning such vacancy would have held office had he not died, resigned, become disqualified, or refused to accept office (as the case may be).

(3) Every person chosen under this section to fill a casual vacancy in the membership of the council of a borough shall hold office as a councillor whether the member of such council occasioning such vacancy was an alderman or a councillor.

(4) During the period of office of a person chosen under this section to fill a casual vacancy in the membership of the council of a borough occasioned by the death, resignation, disqualification, or refusal to accept office of an alderman the number of aldermen of such borough shall be reduced by one.

Procedure at election of lord mayor, mayor or chairman.

43.—(1) At an election of a lord mayor or mayor of a county or other borough or of the chairman of any local authority, the following provisions shall apply and have effect, that is to say:—

(a) the proceedings shall begin by a member or members being proposed and seconded and no person who is not then proposed and seconded shall be a candidate;

(b) where there is only one candidate, such candidate shall be elected;

(c) where there are more than two candidates, a poll shall be taken;

(d) if at such poll a majority of the members present vote for any particular candidate, such candidate shall be elected;

(e) if at such poll no candidate receives the votes of a majority of the members present, the candidate receiving the least number of votes shall be eliminated and, subject to the provisions of paragraph (g) of this sub-section, one or more further polls (according as may be necessary) shall be taken;

(f) paragraphs (d) and (e) of this sub-section shall apply in relation to such further poll or polls;

(g) where there are only two candidates or where, as a result of one or more polls taken under this sub-section, all the candidates except two have been eliminated, the question as to which of such candidates shall be elected shall be put to the members present and whichever of such candidates receives the greater number of votes on such question shall be elected;

(h) if from an equality of votes given to two or more candidates any question arises under this sub-section as to which of such candidates is to be eliminated or as to which of such candidates is to be elected, such question shall be decided by lot.

(2) A candidate for election as a lord mayor or mayor of a county or other borough or as the chairman of any local authority shall not be deemed to have a pecuniary interest in such election by reason of the fact that a salary attaches to the office of such lord mayor, mayor, or chairman, and accordingly such candidate may vote and take part in the proceedings at such election.

PART IV.

Removal from Office of the Members of a Local Authority.

Removal from office of the members of a local authority.

44.—(1) If and whenever—

(a) the Minister, after holding a local inquiry into the performance by a local authority of their duties, is satisfied that such duties are not being duly and effectually performed, or

(b) a local authority refuses or neglects to comply with a judgment, order, or decree of any court, or

(c) a local authority refuses after due notice to allow their accounts to be audited by an auditor of the Minister, or

(d) the members of a local authority capable of acting are less in number than the quorum for meetings of such local authority,

the Minister may by order remove from office the members of such local authority.

(2) In this Part of this Act every reference to a removal from office shall be construed as a reference to a removal from office under this section.

Holding of new election after removal of members.

45.—(1) The Minister shall fix a day for the holding of an election (in this Part of this Act referred to as a new election) of members of any local authority of which the members have been removed from office and such election shall be held on that day.

(2) The day fixed under this section for the holding of a new election shall be—

(a) in case the period of three years after the removal from office of the members of the relevant local authority expires within one year before the first day of a period in which a statutory election of members of such local authority would be required save for such removal either—

(i) any day during the said period in which such statutory election would be required save for such removal, or

(ii) any day within the period of three years after such removal, and

(b) in any other case, any day within the period of three years after such removal.

(3) Where the members of a local authority are removed from office and in accordance with the provisions of the Local Elections Acts, 1937 and 1940, an election of members of such local authority is to be held on the day which is the appointed day for the purposes of those Acts, such election shall be held on that day and shall be deemed, for the purposes of this Part of this Act, to be a new election.

(4) The provisions of Part II of the Local Elections Act, 1927 (No. 39 of 1927), in respect of the following matters shall apply in relation to a local authority as constituted by a new election in like manner as if such new election were a triennial election, that is to say:—

(a) the dates of the coming into office of members after a triennial election,

(b) the holding of annual and quarterly meetings, and

(c) the business to be transacted at annual and quarterly meetings.

(5) Where the members of a local authority are removed from office, no election, other than a new election, of members of such local authority shall be held during the period between such removal and the coming into office of the members of such local authority elected at a new election.

(6) Subject to the provisions of the immediately preceding sub-section of this section the removal from office of the members of a local authority and the holding of a new election shall not alter the years in which triennial elections of such members are to be held.

Matters consequential on election petition.

46.—Where the court trying an election petition in relation to a new election declares that such election was void for any reason other than a deficiency of candidates duly nominated or makes an order by virtue of which the persons validly elected at such election are less in number than the quorum at meetings of the relevant local authority, the following provisions shall have effect, that is to say:—

(a) for the purposes of this Part of this Act (except this section) the said election shall be deemed not to have been held and the persons elected at such election shall be deemed not to have come into office, and this Part of this Act (except as aforesaid) shall apply accordingly;

(b) every act done during the period between the completion of such election and the determination of such election petition which was done by the persons or any one or more of the persons declared elected at such election and which purported to be an act of such local authority or an act done by virtue of the membership of such local authority of such one or more persons (as the case may be) shall be as valid and effectual as if all the persons declared elected at such election had been validly elected and qualified to act as members of such local authority;

(c) every such act which was done by an individual person declared elected at such election and subsequently declared appointed to the office of chairman, lord mayor, or mayor of such local authority and which purported to be an act done by virtue of the said office shall be as valid and effectual as if all the persons declared elected at such election had been validly elected and qualified to act as members of such local authority and such individual person had been validly appointed to the said office;

(d) the Minister shall, as soon as may be after the determination of such election petition, fix a day for the holding of an election of members of such local authority and this Part of this Act shall apply as if such election were a new election duly fixed thereunder.

Evidence of nomination.

47.—A certificate under the hand of the returning officer at a new election stating the number of persons who were duly nominated for such election shall, for the purposes of this Part of this Act, be conclusive evidence of the number of persons so nominated.

Appointment of commissioners.

48.—(1) For the purposes of enabling a local authority whose members have been removed from office to function during the period between such removal from office and the coming into office of the members elected at a new election, the Minister shall from time to time appoint one or more persons to be the commissioner or commissioners for such local authority.

(2) The Minister may—

(a) remove any commissioner for a local authority appointed under this section and appoint another person to be commissioner for such local authority in his place,

(b) where there are one or more commissioners appointed under this section for a local authority, appoint one or more persons to be additional commissioners for such local authority, and

(c) where there are two or more commissioners appointed under this section for a local authority, reduce the number of such commissioners and for that purpose remove one or more of such commissioners.

(3) In the subsequent sections of this Part of this Act the word “commissioner” means a commissioner appointed under this section.

Exercise of powers, etc., by commissioners.

49.—(1) During the period between the removal from office of the members of a local authority and the coming into office of the members elected at a new election, every power, function, or duty which is exercisable or to be performed by the members of such local authority acting together in a meeting of such local authority or exercisable or to be performed by any one or more members of such local authority by virtue of such membership or by virtue of the office of chairman, lord mayor, or mayor shall be exercised or performed by the commissioner or commissioners for such local authority.

(2) In the immediately preceding sub-section of this section the word “power” includes every permissive power to appoint a committee and also, in the case of the council of an urban district, the power to make an application to the Minister for an order under section 74 of the Act of 1925.

(3) So long as any permissive power to appoint a committee is exercisable under this section by a commissioner or commissioners, any statutory or other provision restricting the membership of such committee in whole or in part to members of a particular local authority shall be suspended.

(4) For the purposes of removing doubts it is hereby declared that where before the commencement of this section a local authority was dissolved consequent upon an order made under section 72 of the Act of 1925, the following powers were exercisable during such dissolution by the body, person or persons to whom the powers and duties of such local authority were for the time being transferred, that is to say, the powers which, if this Part of this Act had been in force and the members of such local authority had been removed from office thereunder, would by virtue of this section have been exercisable by the commissioner or commissioners for such local authority.

Tenure of office and remuneration of commissioner.

50.—(1) The Minister may fix the tenure of office of any commissioner.

(2) The Minister may direct the payment of remuneration to any commissioner and may fix its amount, and such remuneration as so fixed shall be paid out of the revenues of the relevant local authority as part of their general expenses.

Dissolved local authorities.

51.—(1) Where immediately before the commencement of this section a local authority stands dissolved by virtue of section 72 of the Act of 1925 and an order made under sub-section (1) of that section, the following provisions shall have effect upon such commencement, that is to say:—

(a) such local authority shall cease to be so dissolved and shall be re-established by virtue of this section,

(b) without prejudice to the subsequent paragraphs of this sub-section, all the property, powers, and duties of such local authority shall vest in such local authority as so re-established,

(c) this Part of this Act shall apply in relation to such local authority and for that purpose the members thereof shall be deemed to have been removed from office and the person or persons performing the duties of such local authority in pursuance of the said section 72 immediately before such commencement shall be deemed to be the commissioner or commissioners for such local authority, and

(d) the date upon which the members of such local authority shall be deemed in pursuance of the immediately preceding paragraph of this sub-section to have been removed from office shall be—

(i) in case the dissolution of such local authority continued by reason of section 4 of the Local Government (Dissolved Authorities) Act, 1935 (No. 41 of 1935), the date last fixed for the holding of an election of members of such local authority in pursuance of sub-section (5) of section 72 of the Act of 1925, or

(ii) in any other case, the date of the dissolution of such local authority.

(2) Every order which is in force immediately before the commencement of this section and which was made under sub-section (6) of section 72 of the Act of 1925 or the Local Government Act, 1931 (No. 19 of 1931), in relation to a local authority or was made under the last-mentioned Act in relation to a subsidiary body within the meaning of that Act shall, with such modifications as may be necessary in the circumstances, continue in force on and after such commencement as an order made under this part of this Act and may be amended or revoked accordingly.

Subsidiary bodies.

52.—(1) Where the members of a local authority are removed from office, the Minister may by order make such provision in relation to any subsidiary body wholly or partly appointed by such local authority as he thinks necessary or expedient for securing that such subsidiary body shall function notwithstanding such removal from office, and, in particular, may by order—

(a) where such subsidiary body is required by law to be composed wholly of persons nominated by such local authority, either—

(i) transfer the powers, duties, and property of such subsidiary body to the commissioner or commissioners for such local authority and make provision for the exercise and performance of such powers and duties directly by such commissioner or commissioners, or

(ii) make such provision as he thinks necessary or expedient for the appointment of the members of such subsidiary body, including the appointment of particular persons to be such members reducing the number of the members and the quorum of such subsidiary body, and suspending any statutory or other enactment requiring the members of such subsidiary body to be members of such local authority, and

(b) where such subsidiary body is required by law to be composed in part only of persons nominated by such local authority, make such provision as he thinks proper for filling all or any of those places in the membership of such subsidiary body which are required by law to be filled by persons nominated by such local authority, including appointing particular persons to fill such places, suspending any statutory or other provision requiring all or any of such places to be filled by persons who are members of such local authority, and reducing the number of such places and, in consequence of such reduction, reducing the total number of members and the quorum of such subsidiary body.

(2) Where the person holding a particular office in or under a local authority is by law a member of any other body by virtue of his holding such office, such person shall for the purposes of this section be deemed to be a member of such body nominated by such local authority.

(3) In this section the expression “subsidiary body” means a corporation, committee, board, or other body which is required by law to be composed wholly or partly of persons nominated by a local authority or by two or more local authorities.

Orders enabling this Part of this Act to have full force and effect.

53.—(1) The Minister may by order do all such things and make all such regulations as are in his opinion necessary or expedient in order to enable a local authority whose members are removed from office to function duly and effectually and, generally, to enable this Part of this Act to have full force and effect.

(2) The Minister, in exercise of the powers conferred on him by the immediately preceding sub-section of this section but without prejudice to the generality thereof, may by order—

(a) provide for the exercise and performance by deputy of the powers and duties of a commissioner who is sick or absent on leave,

(b) where a commissioner is a body, corporate or unincorporated, provide for the exercise and performance by members of such body of any powers or duties exercisable or to be performed by members of the local authority for whom such body is commissioner by virtue of their membership, or by the lord mayor, mayor, or chairman (as the case may be) of such local authority by virtue of his membership, and

(c) where there are two or more commissioners for a local authority, provide generally or as regards particular matters for the acting of such commissioners individually, collectively or by a majority.

(3) The Minister may by order amend or revoke, any order made under this section (including any order made under this sub-section).

Adaptation of existing enactments.

54.—(1) The Minister may by order make all such adaptations and modifications of any enactment in force immediately before the commencement of this section as appear to him to be necessary or expedient for enabling this Part of this Act or such enactment to have full force and effect.

(2) Subject and without prejudice to any adaptation or modification made under the immediately preceding sub-section of this section, the following provisions shall have effect in relation to every enactment in force immediately before the commencement of this section, that is to say:—

(a) every mention of or reference to an order dissolving a local authority under section 72 of the Act of 1925 shall be construed as a mention of or reference to an order removing from office the members of such local authority;

(b) every mention of or reference to the dissolution of a local authority under the said section 72 shall be construed as a mention of or reference to the removal from office of the members of a local authority;

(c) every mention of or reference to a local authority which has been dissolved under the said section 72 shall be construed as a mention of or reference to a local authority the members of which have been removed from office;

(d) every mention of or reference to the body, persons, or person to whom the powers and duties of a local authority are for the time being transferred by order under the said section 72 shall be construed as a mention of or reference to the commissioner or commissioners of a local authority;

(e) every mention of or reference to an election of members of a local authority under the said section 72 shall be construed as a mention of or reference to a new election of members of a local authority.

(3) Every order made under this section shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made, and, if a resolution annulling such order is passed by either such House within the next twenty-one days on which such House has sat after such Order is laid before it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Continuity of existence.

55.—The continuity of the existence of a local authority by the title appropriate to them according to law as a corporate or unincorporated body (as the case may be) shall not be affected by the removal from office of the members of such local authority nor, where such local authority is the corporation of a county or other borough, by the vacancy in the office of lord mayor or mayor and the vacancies in the offices of aldermen occasioned by such removal.

PART V.

Provisions in Relation to Rates.

Restriction on application of Local Government (Rates on Small Dwellings) Act, 1928.

56.—A hereditament which but for this section would, as regards any local financial year, be a small dwelling within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928), shall not, as regards that local financial year, be a small dwelling within the meaning of the said Act if on the 1st day of April in that local financial year such hereditament is vested in the Irish Sailors and Soldiers Land Trust.

Disqualification for non-payment of rates.

57.—Where, at the expiration of any local financial year, any rate made by a local authority in respect of that year is unpaid, to the extent of an amount either equal to the whole or a part of such rate or would be unpaid to that extent but for the fact that such amount has been advanced and paid to such local authority by a rate collector, the following provisions shall apply and have effect, that is to say:—

(a) if the person liable to pay such amount to such local authority or such rate collector (as the case may be) is a member of any local authority at the expiration of such financial year, he shall be disqualified from continuing to be such member,

(b) such person shall be disqualified from being elected or chosen to be a member of any local authority until he has paid the whole of such amount.

Discharge of rates by setting off.

58.—Where a sum is due to any person by a local authority and, at the same time, a sum is due to such local authority by such person in respect of rates or would be so due but for the fact that such sum has been advanced and paid to such local authority by a rate collector, the former sum may be set off against the latter either, as may be appropriate, in whole or in part.

Distress in respect of rates.

59.—(1) In this section—

the word “rates” does not include rates due to a local authority, not being the commissioners of a town, in respect of a hereditament which is a small dwelling within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928), and which is occupied by a person who is not the owner thereof within the meaning of the said Act;

the expression “sum for rates” means a sum due to a local authority in respect of rates or which would be so due but for having been discharged by a rate collector;

the expression “the costs” means all costs and charges, without any limit save that they be reasonable, which at any particular time have been incurred in or incidental to the taking, keeping, transporting or selling the distress in relation to which such expression is used.

(2) Where the person liable to pay a sum for rates for which demand has been duly made does not pay such sum within six days after the making of such demand, the rate collector concerned may give to such person notice that he intends, if such person does not pay such sum within fourteen days from the giving of such notice, to levy such sum by distress under this section.

(3) Where a person to whom a notice has been given under the immediately preceding sub-section of this section does not pay the sum for rates to which such notice relates within fourteen days from the giving of such notice the rate collector concerned may, without any further or other authority than the warrant authorising him to collect such sum, levy such sum, together with the costs either by distress and sale of any goods, animals, or other chattels (whether of such person or of another person) found upon the hereditament in respect of which such sum is due or by distress and sale of any goods, animals, or other chattels of such person wheresoever found.

(4) For the purposes of a levy by distress under this section, a rate collector may break open in the daytime any house or premises to which he has been refused admission or to which he is unable to gain admission by any other lawful means,

(5) A rate collector may require a member of the Gárda Síochána to assist him in the exercise of his powers under this section and such member shall comply with such requirement.

(6) A distress taken under this section in respect of a sum for rates shall be kept for five days at any place whatsoever which the rate collector concerned thinks proper, whether such place is or is not a pound maintained under the Pounds (Provision and Maintenance) Act, 1935 (No. 17 of 1935), but, if during such five days such sum together with the costs is discharged, the distress shall be handed over to the person who was liable to pay such sum.

(7) If the sum for rates in respect of which a distress is taken under this section together with the costs is not discharged during the five days mentioned in the immediately preceding sub-section of this section, the following provisions shall apply and have effect, that is to say:—

(a) such distress shall be sold by public auction in any place whatsoever which the rate collector concerned thinks proper, and may be removed to such place for the purposes of such sale,

(b) pending such sale such distress may be kept at any place whatsoever which such rate collector thinks proper, whether such place is or is not a pound maintained under the Pounds (Provision and Maintenance) Act, 1935 (No. 17 of 1935),

(c) the proceeds of such sale shall be applied towards discharging, firstly, the costs and, secondly, such sum for rates, and

(d) the balance (if any) of the proceeds of such sale shall be paid over to the person who was liable to pay such sum.

(8) Where a distress taken and sold under this section consists of or includes goods, animals, or other chattels not belonging to the person who is liable to pay the sum for rates in respect of which such distress was taken, the owner thereof shall be entitled to recover from the said person by action the value of such goods, animals, or other chattels together with such damages as such owner shall have suffered by reason of having been deprived of such goods, animals, or other chattels.

(9) Nothing done under and in accordance with this section shall be questioned on the ground that it is not done under or in accordance with any other enactment.

Amendment of rates.

60.—(1) A local authority by whom rates have been made for the service of a local financial year may from time to time, but not later than the expiration of the next local financial year, amend such rates so as to make them conform with the enactments relating thereto and in exercise of that power may, in particular, make any amendments rendered necessary by—

(a) misdescriptions, inclusions of the names of persons who ought not to have been rated, and clerical, arithmetical, and other errors,

(b) omissions (including complete omissions of hereditaments and omissions of the names of persons who ought to have been rated),

(c) the occupation of previously unoccupied hereditaments,

(d) changes in occupation.

(2) Whenever a local authority propose to make an amendment under this section—

(a) such local authority shall give notice of the proposed amendment to every person who, in their opinion, is concerned,

(b) every such notice shall contain an intimation that written objections to the proposed amendment may be sent to such local authority within seven days after the giving of such notice, and

(c) before making such amendment, such local authority shall consider the objections (if any) received as a result of any such notice.

(3) A local authority shall give notice to the Commissioner of Valuation of every amendment made by them under this section which involves any departure from the particulars stated in the relevant valuation list prepared by the said Commissioner under the Valuation Acts.

(4) Every person aggrieved by any amendment under this section shall have the same right (if any) of appeal therefrom as he would have had upon the making of the relevant rates if those rates had comprised such amendment and, as regards such person, the rate in respect of which he is aggrieved shall be considered to have been made at the time when notice of such amendment was given to him.

(5) A local authority shall make such refunds or give such credits (as the case may require) in respect of rates and shall be entitled to make such recoveries of rates as from time to time become appropriate in consequence of any amendments or appeals under this section.

(6) The powers, functions and duties conferred and imposed on the council of a county by this section shall be deemed for the purposes of the County Management Act, 1940 (No. 12 of 1940), not to be powers, functions, and duties in relation to the making of a rate.

Rating of divided hereditaments.

61.—(1) Where a hereditament (in this sub-section referred to as the divided hereditament) included in a revised valuation list received by a local authority becomes, before being rated for the service of the local financial year next after the receipt of such list, by reason of division proper to be rated in parts as two or more separate hereditaments, such local authority shall not be precluded from rating such separate hereditaments separately for the service of such local financial year by reason only of their not being separately included in such list, and where such local authority propose to rate as aforesaid such separate hereditaments, the following provisions shall apply and have effect, that is to say:—

(a) such local authority shall apportion, in such manner as they consider reasonable having regard to all the circumstances of the case, the valuation under the Valuation Acts for the time being existing in respect of the divided hereditament as between such separate hereditaments and shall rate each of such separate hereditaments according to the part (in this sub-section referred to as the apportioned valuation) of such valuation assigned to it on such apportionment,

(b) where in the next relevant revised valuation list received by such local authority there appears in respect of any of such separate hereditaments a valuation which is less or greater than the apportioned valuation, such local authority shall amend the rate made in respect thereof accordingly.

(2) Where a hereditament (in this sub-section referred to as the divided hereditament) in respect of which a person (in this sub-section referred to as the former occupier) is rated by a local authority for the service of a local financial year becomes before the expiration of such year, by reason of division proper to be rated in parts as two or more separate hereditaments, the following provisions shall have effect, that is to say:—

(a) the former occupier shall be liable for the whole of the rate for the service of such local financial year in respect of each (if any) of such separate hereditaments which he continues to occupy after such division,

(b) the rate for the service of such local financial year in respect of each (if any) of such separate hereditaments which the former occupier does not continue to occupy after such division shall be treated as being made up of two parts, that is to say:—

(i) a part which the former occupier shall be liable to pay and which shall consist of so much of the rate for the service of such local financial year in respect of such separate hereditament as bears to the whole of that rate the same proportion as the former occupier's period of occupation of such separate hereditament during such local financial year bears to the whole of that year, and

(ii) a part which the person occupying such separate hereditament after such division shall be liable to pay and which shall consist of the remainder of the said rate,

(c) for the purpose of calculating the rate in respect of any such separate hereditament, such local authority shall, if necessary, determine the valuation thereof by apportioning, in such manner as they consider reasonable having regard to all the circumstances of the case, the valuation of the divided hereditament between such separate hereditament and the remainder of the divided hereditament, and

(d) such local authority shall amend the rate made by them in respect of the divided hereditament for the service of such local financial year so as to give effect to the foregoing provisions and, in addition, where the valuation of the divided hereditament is apportioned as aforesaid, such local authority shall, on receipt of the next relevant revised valuation list, make such further amendments as may be necessary for rendering the amendments previously made under this paragraph conformable with the valuations appearing in such revised valuation list.

(3) Where a hereditament in respect of which sub-section (1) or (2) of this section is applicable includes agricultural land, the power of apportionment under the said sub-section shall include a power to apportion the valuation of such agricultural land, and the said sub-section shall have effect accordingly.

(4) A local authority shall make such refunds or give such credits (as the case may require) in respect of rates and shall be entitled to make such recoveries of rates as from time to time become appropriate in consequence of amendments made under this section.

(5) Whenever a local authority apportion a valuation under this section, they shall give notice of the apportionment to the Commissioner of Valuation and to every person who, in their opinion, is concerned.

(6) In this section the expression “revised valuation list” means a revised valuation list prepared by the Commissioner of Valuation under the Valuation Acts.

Giving of notices under this Part of this Act.

62.—(1) Where the name of any person to whom a notice is required to be given under this Part of this Act cannot be ascertained by reasonable inquiry, such notice may, in lieu of being addressed to such person by name, be addressed to such person by the use of the expression “the owner” or the expression “the occupier” (as may be appropriate) or by the use of any other general words indicating who such person is.

(2) The following provisions shall apply and have effect in relation to the giving of any notice required to be given under this Part of this Act, that is to say:—

(a) where such notice is addressed to a person by his name, it may be given either—

(i) by delivering it to such person, or

(ii) by sending it in a prepaid registered letter addressed to such person at the address at which he ordinarily resides,

(b) where such notice is addressed to a person by his name but such person is absent or abroad or his address is unknown and cannot be ascertained by reasonable inquiry, it may be given either—

(i) by delivering it to an agent of such person, or

(ii) by sending it in a prepaid registered letter addressed to an agent of such person at the address where such agent ordinarily resides, and

(c) where such notice is not addressed to such person by his name or where, such person being absent or abroad or his address being unknown and not being ascertainable by reasonable inquiry, no agent of such person is known, such notice may be given by delivering it at the hereditament to which it relates to some person over the age of sixteen years resident or employed in such hereditament or by posting it on or near such hereditament.

(3) For the purposes of this section, a company registered under the Companies Acts, 1908 to 1924, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

PART VI.

Provisions in Relation to Borrowing by Local Authorities.

Restrictions on application of limitations on borrowing.

63.—For the purposes of the limitations in force at any particular time on the amount which a local authority may borrow, the following provisions shall apply and have effect, that is to say:—

(a) if any sinking or redemption fund is maintained for the purpose of the repayment of any sum borrowed by such local authority, the said sum shall be reckoned as being reduced by the amount then standing to credit in such fund,

(b) there shall not be reckoned any sum borrowed by such local authority for the purpose of defraying the expenses of any work in respect of which the Minister has, on the application of such local authority, certified that it is primarily work for the relief of unemployment,

(c) there shall not be reckoned any sum borrowed by such local authority by virtue of an authorisation given by the Minister under sub-section (3) of section 3 of the Local Authorities (Financial Provisions) Act, 1921 .

Extension of Local Authorities (Financial Provisions) Act, 1921.

64.—The Local Authorities (Financial Provisions) Act, 1921 , shall apply in relation to commissioners of towns and, accordingly, wherever the expression “local authority” occurs in that Act, it shall be construed as including the commissioners of a town.

Amendment of sub-section (3) of section 3 of the Local Authorities (Financial Provisions) Act, 1921.

65.—(1) Sub-section (3) of section 3 of the Local Authorities (Financial Provisions) Act, 1921 , is hereby amended by the deletion of the reference to the Act of 1923 now contained therein by virtue of section 3 of the Local Government (Temporary Provisions) (Amendment) Act, 1924 (No. 13 of 1924), and the substitution in lieu thereof of a reference to this section.

(2) This section shall continue in force until the 31st day of December, 1942, and shall then expire.

Borrowing by public assistance authorities.

66.—(1) A local authority which is a public assistance authority may borrow for the purposes of defraying any expenses incurred by them as such public assistance authority in the same manner in which a sanitary authority may borrow for the purposes of defraying expenses under the Public Health Acts, 1878 to 1931.

(2) The provisions of the Public Health Acts, 1878 to 1931, in relation to borrowing by a sanitary authority (except sub-sections (2) and (3) of section 238 of the Public Health (Ireland) Act, 1878 ) shall, with the necessary modifications, apply in relation to any borrowing by a local authority under this section.

(3) Money borrowed under this section may be lent to a local authority by means of an issue from the local loans fund as if such loan constituted a local loan within the meaning of the Local Loans Fund Acts, 1935 to 1940, and was authorised by an Act of the Oireachtas.

PART VII.

Provisions Relating to Audit of Accounts, etc.

Additional local authorities for the purposes of this Part of this Act.

67.—In addition to the bodies specified in sub-section (2) of section 2 of this Act, each of the following bodies shall be a local authority for the purposes of this Part of this Act, that is to say:—

(a) a vocational education committee,

(b) a committee of agriculture.

Preparation and audit of accounts.

68.—(1) Notwithstanding anything contained in any other enactment, the accounts of the receipts and payments of a local authority and of the committees and officers thereof shall—

(a) in the case of a local authority in respect of which or belonging to a class in respect of which an order under sub-section (3) of this section is for the time being in force, be made up half-yearly to each 30th day of September and 31st day of March and be audited half-yearly by such auditor as is assigned in that behalf from time to time by the Minister, and

(b) in every other case, be made up yearly to each 31st day of March and be audited yearly by such auditor as is assigned in that behalf from time to time by the Minister.

(2) The auditors appointed by the Minister for the purpose of carrying out the audits under this section of the accounts of local authorities shall be called local government auditors.

(3) The Minister may by order direct that the accounts of any particular local authority or of local authorities belonging to any particular class shall be made up and be audited half-yearly.

(4) The Minister may by order revoke an order made under the immediately preceding sub-section of this section.

(5) Nothing in this section shall affect the holding, if and when required by the Minister, of an extraordinary audit of the accounts of a local authority or the application to any such extraordinary audit or to any accounts of a local authority of section 21 of the Local Government (Ireland) Act, 1902 .

Audit fees.

69.—(1) A committee mentioned in sub-section (2) of section 2 of this Act which is not a joint committee shall not be a local authority for the purposes of this section.

(2) In the subsequent sub-sections of this section the word “committee” means a committee not being a joint committee.

(3) At any time after the completion of any audit of the accounts of the receipts and payments of a local authority and of the committees and officers of such local authority, the Minister may by order fix a fee (in this section referred to as an audit fee) to be paid in respect of such audit.

(4) An order under this section may fix a separate fee (in this section also referred to as an audit fee) in respect of the audit of the accounts of the receipts and payments of any committee of the local authority to which such order primarily relates.

(5) An audit fee may be divided by the order by which it is fixed into two or more parts relating respectively to different specified parts of the accounts to which such fee relates.

(6) A local authority in respect of which or of a committee of which an audit fee is fixed by an order under this section shall pay to the Minister the amount of such fee and such amount shall be raised in the manner specified in such order or where no manner is so specified, as part of the general expenses of such local authority or committee (as the case may be).

(7) The amount of any audit fee may, in default of payment, be deducted in whole or in part from any moneys payable by any Minister of State for any purpose whatsoever to the local authority by whom such audit fee is payable,

(8) The power to deduct under the immediately preceding sub-section of this section from moneys payable to a local authority shall be subject to and without prejudice to the claims of the guarantee fund under the Land Purchase Acts.

(9) All moneys paid to the Minister in discharge of audit fees shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

(10) Every audit fee shall be deemed to cover every (if any) extraordinary audit of the accounts to which such fee relates which is held in pursuance of section 21 of the Local Government (Ireland) Act, 1902 .

(11) The Minister may by order revoke any order under this section.

Amendment of section 12 of the Local Government (Ireland) Act, 1871.

70.—Every application either to the High Court or the Minister under section 12 of the Local Government (Ireland) Act, 1871 , consequent upon a decision of the local government auditor on the audit of the accounts of a local authority shall be instituted before the expiration of the prescribed period.

Recovery of surcharges, etc.

71.—(1) Where on the audit of the accounts of a local authority any sum is certified by the auditor to be due from any person and no application consequent upon the decision of the auditor is made within the prescribed period either to the High Court or the Minister under section 12 of the Local Government (Ireland) Act, 1871, as amended or applied by any other enactment, such person shall pay such sum to such local authority before the expiration of six weeks from the date of the certificate of the auditor certifying such sum to be due from such person.

(2) Where—

(a) on the audit of the accounts of a local authority any sum is certified by the auditor to be due or not to be due from any person, and

(b) an application consequent upon the decision of the auditor is made within the prescribed period either to the High Court or the Minister under section 12 of the Local Government (Ireland) Act, 1871 , as amended or applied by any other enactment, and

(c) it is decided on such application that such sum or any part thereof is due from such person,

such person shall pay such sum or such part thereof (as the case may be) to such local authority before the expiration of six weeks from such decision.

(3) Any sum required by this section to be paid to a local authority may, in default of being so paid before the expiration of the period specified in that behalf by this section, be recovered by the auditor concerned or by any other person appointed by the Minister for that purpose as a simple contract debt in any court of competent jurisdiction.

(4) Where an auditor or other person has recovered, consequent upon proceedings taken under this section, any sum required by this section to be paid to a local authority, he shall pay such sum to such local authority.

(5) Where an auditor or other person incurs reasonable costs and expenses in connection with the recovery of a sum required by this section to be paid to a local authority and obtains none or some only of such costs and expenses from the person by whom such sum is due, such local authority shall pay such costs and expenses or the balance thereof not obtained as aforesaid (as the case may be) to such auditor or other person, together with a sum representing reasonable compensation for his loss of time.

(6) Section 13 of the Local Government (Ireland) Act, 1871 , shall cease to have effect in relation to any local authority and every reference in any enactment in force immediately before the commencement of this section to the said section 13 shall, in the application of such enactment to any local authority, be construed as a reference to this section.

PART VIII.

Approved Local Councils.

Approved local councils.

72.—(1) Where the inhabitants of a locality in a county health district have, either before or after the commencement of this section, established a council, committee, or other body, whether corporate or unincorporated, for furthering the general social and economic interests of such inhabitants, the council of the county in which such county health district is situate may, on the application of such body, by resolution declare that such body shall be an approved local council for the purposes of this Part of this Act.

(2) The power to make a declaration under this section shall be a reserved function for the purposes of the County Management Act, 1940 .

(3) In this Part of this Act, the expression “approved local council” means a body in respect of which a declaration under this section has been made and every reference to a county council made in relation to an approved local council shall be construed as a reference to the particular council of a county which made the declaration under this section relating to such approved local council.

Provision of buildings, etc., for approved local councils.

73.—(1) The county council may provide a building for use by an approved local council for public and other meetings and for lectures, exhibitions, general recreation or other similar social objects and may entrust the care and management of such building to such local council either temporarily or permanently.

(2) The county council may purchase in fee simple or for any less estate or interest or take on lease for any term any land for or including a building to be provided under this section and for that purpose Part V of the Public Assistance Act, 1939 (No. 27 of 1939), shall apply as if such land were being acquired for the purposes of the powers and duties of a public assistance authority under that Act.

(3) The county council may assist an approved local council by supplying them with furniture, office equipment, and stationery and, where a building is provided under this section for use by such approved local council, by paying the whole or part of the wages of a person acting as caretaker of and performing cleansing and similar duties in relation to such building.

Delegation of certain powers and duties to approved local councils.

74.—(1) The county council may delegate to an approved local council any of the powers and duties of such county council which, in the opinion of such county council, would be better regulated or managed by or through such approved local council and such county council may at any time revoke such delegation.

(2) A public assistance authority may delegate to an approved local council any of the powers and duties of such public assistance authority which in the opinion of such public assistance authority would be better regulated or managed by or through such approved local council and such public assistance authority may at any time revoke such delegation.

(3) Where a local authority have made a delegation under this section to an approved local council, the acts done by such approved local council by virtue of such delegation shall be subject to confirmation by such local authority, save that such local authority may, with the sanction of the Minister, empower such approved local council to do any act (including the institution of legal proceedings) within the authority conferred on them by such local authority which such local authority itself could lawfully do.

(4) The power to delegate under this section a power or duty which is an executive function for the purposes of the County Management Act, 1940 , and the power to revoke any such delegation shall be exercisable by the relevant county manager only.

Expenses of county council under this Part of this Act.

75.—Any expenses incurred by a county council under this Part of this Act in relation to an approved local council (not being expenses incurred in the performance by or through such approved local council of any power or duty delegated to them under this Part of this Act) shall be raised and defrayed in the same manner in which the expenses of such county council acting as rural sanitary authority are raised and defrayed.

PART IX.

Miscellaneous.

Restriction on amount of allowances under Local Government (Ireland) Act, 1919.

76.—(1) Save with the consent of the Minister, no allowance the amount of which exceeds the amount of an allowance calculated according to the scale provided by the Superannuation Acts, 1834 to 1884, and the rules thereunder shall be granted under section 8 of the Local Government (Ireland) Act, 1919, to an officer to whom, by virtue of section 43 of the Act of 1925, Part IV of the Act of 1925 does not wholly apply.

(2) For the purpose of removing doubts, it is hereby declared that sub-section (5) (repealed by this Act) of section 11 of the Act of 1923 applied to every officer of a local authority within the meaning of that Act.

Treasurer in the case of a county or other borough.

77.—On the occurrence after the commencement of this section of a vacancy in the office of treasurer for a county or other borough, the Minister, after consultation with the corporation of such borough may by order abolish the said office, and on the making of such order the following provisions shall have effect, that is to say:—

(a) the corporation of such borough shall appoint a banking company to act as their treasurer for the purpose of receipts and payments of money and the keeping of accounts of such receipts and payments, and the banking company so appointed shall act as such treasurer;

(b) from and after such appointment, all the powers and duties conferred or imposed on the treasurer for such borough for any purpose other than the purpose referred to in paragraph (a) of this section shall be exercised and performed by such officer or officers of the corporation other than the treasurer as the corporation, with the consent of the Minister, directs.

Reckoning of service in a temporary capacity.

78.—(1) In this section the expressions “pensionable officer” and “pensionable office” have the same meaning as in Part IV of the Act of 1925 and the expression “local body” includes every body which is a local body for the purposes of the said Part IV.

(2) Where a pensionable officer was, immediately before the commencement of his service as a pensionable officer, in the temporary employment of any local body and such employment would, if permanent, have been employment in a pensionable office, the Minister may, if he so thinks fit, direct that a specified part (not exceeding one half) of the period of such temporary employment shall be reckoned as service in a pensionable office and such part shall be so reckoned accordingly.

(3) For the purpose of removing doubts, it is hereby declared that sub-section (6) (repealed by this Act) of section 11 of the Act of 1923 applied to every officer of a local authority within the meaning of that Act.

Joint mental hospitals.

79.—In lieu of the provisions (repealed by this Act) of sub-section (7) of section 9 of the Local Government (Ireland) Act, 1898 , as amended by section 77 of the Act of 1925, the following provisions shall apply in relation to every mental hospital to which the said section 9 applies and of which the district comprises two or more counties or a county borough and one or more counties, and the said section 9 shall be construed and have effect accordingly, that is to say:—

(a) the powers, functions, and duties in relation to the hospital of the local authorities concerned shall be exercised and performed by such local authorities through a joint committee of such local authorities;

(b) the expenses of the management and maintenance of the hospital during every half year ending on the 31st day of March or the 30th day of September shall be defrayed by such local authorities severally in proportion to the average daily number of patients from their respective functional areas maintained in the hospital during such half year;

(c) each such local authority shall make in each year a new appointment of members for such joint committee, in the case of a county council, at the annual meeting or, in the case of the corporation of a county borough, at the quarterly meeting next after a triennial election or between the 23rd day of June and the 1st day of July in a year in which there is not a triennial election;

(d) the number of members to be appointed by each such local authority shall, as nearly as possible, be proportionate to the contribution payable by such local authority to the expenses of the management and maintenance of the hospital during the local financial year ending on the 31st day of March next previous to the appointment and such number shall, in case of dispute, be determined by the Minister whose decision shall be final;

(e) every member of such joint committee shall hold office (unless he dies, resigns, or becomes disqualified) until his successor is appointed;

(f) casual vacancies occurring in such joint committee by reason of death, resignation, or disqualification of any member shall be filled by the local authority by whom such member was appointed.

Travelling expenses of county councillors.

80.—(1) Each of the following local authorities shall be a local authority to which this section applies, that is to say:—

(a) a council of a county,

(b) a joint committee of management of a district mental hospital, and

(c) a local authority in respect of which an order under sub-section (2) of this section is for the time being in force.

(2) The Minister may by order apply this section to any local authority and may at any time, either on the application of such local authority or without any application, revoke such order.

(3) Subject to the provisions of this section, every local authority to which this section applies shall defray the expenses of locomotion incurred by each of their members in travelling to and from meetings of such local authority.

(4) No person shall be paid under this section travelling expenses in respect of a meeting held at a place less than five miles by any route from his official residence.

(5) The amount of travelling expenses paid under this section to any person in respect of any particular meeting shall not exceed the amount which would reasonably have been incurred by such person in travelling from and to his official residence to and from the place of such meeting.

(6) Every member of a local authority to which this section applies shall, immediately after becoming such member communicate in writing to such local authority the address at which he ordinarily resides and such address shall be regarded as the official residence of such member for the purposes of this section.

District electoral divisions.

81.—(1) For the purposes incidental to parliamentary and local elections and for convenience in local administration, the area of every county and county borough shall be divided into areas to be known as district electoral divisions.

(2) The areas which immediately before the commencement of this section are district electoral divisions by virtue of sub-section (4) of section 22 of the Local Government (Ireland) Act, 1898 , shall, upon and after such commencement but subject to such orders as may from time to time be made under this section, be district electoral divisions for the purposes of this section and every reference in any enactment (whether in force immediately before the commencement of this section or coming into force at the same time as such commencement or any subsequent time) to a district electoral division shall be construed and have effect accordingly.

(3) The Minister may by order alter the division of a county into district electoral divisions in such manner as he thinks fit,

Annuities and other payments to the Irish Land Commission or to the Commissioners of Public Works on land acquired by a local authority.

82.—Whenever land acquired by a local authority is subject in conjunction with other land to an annuity or other payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, the said Commission or the said Commissioners (as the case may be) may apportion such annuity or other payment in such manner as they consider proper between the land so acquired and such other land or may charge the whole of such annuity or other payment on any part of the land subject thereto in exoneration of the residue of such land.

Local inquiries.

83.—(1) The Minister may cause such local inquiries to be held as he may consider necessary or desirable for the purposes of any of the powers and duties for the time being conferred or imposed on him.

(2) Where the Minister causes a local inquiry to be held under this section or under any other Act, the costs incurred in relation to such inquiry shall be certified by the Minister and such certificate shall direct the payment of such costs to the Minister—

(a) where not more than one local authority is concerned in such inquiry, by such local authority,

(b) where two or more local authorities are concerned in such inquiry, by (according as may be specified in such certificate) all or one or more of such local authorities.

(3) A certificate under this section which directs the payment of the costs of a local inquiry by two or more local authorities shall specify the proportion of such costs which shall be paid by each of such local authorities.

(4) Where a local authority fails to pay a sum directed to be paid by a certificate under this section, such sum may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction or may be deducted in whole or in part from any moneys payable by any Minister of State for any purpose whatsoever to such local authority.

(5) The power to deduct under the immediately preceding sub-section of this section from moneys payable to a local authority shall be subject to and without prejudice to the claims of the guarantee fund under the Land Purchase Acts.

(6) For the purposes of this section, the costs incurred in relation to a local inquiry shall include a reasonable charge for the services of any inspector or officer of the Minister engaged in such inquiry and also the necessary expenses of witnesses.

Returns, information, etc.

84.—(1) The Minister may require a local authority to make to him any return or report or to furnish him with any information in relation to their functions which he may consider necessary or desirable for the purposes of any of the powers and duties for the time being conferred or imposed on him in relation to such local authority, and it shall be the duty of such local authority to comply with such requirement.

(2) An inspector of the Minister may require any officer of a local authority to give to such inspector any information in relation to the functions of such officer which such inspector reasonably requires for the purpose of performing the duties imposed on such inspector by the Minister, and it shall be the duty of such officer to comply with such requirement.

Power of inspector to visit premises.

85.—(1) An inspector of the Minister may for the purpose of the functions imposed on him by the Minister visit and inspect any premises used by a local authority for the purposes of their powers and duties.

(2) Any person who obstructs an inspector of the Minister in the exercise of the power conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Powers of inspectors and auditors to obtain evidence, etc.

86.—(1) An inspector holding a local inquiry pursuant to a direction of the Minister under this or any other Act or a local government auditor auditing the accounts of a local authority may take evidence on oath and for that purpose may administer oaths.

(2) Subject to the provisions of the next following sub-section of this section, an inspector holding a local inquiry pursuant to a direction of the Minister under this or any other Act or a local government auditor auditing the accounts of a local authority may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in such notice to give evidence in relation to any matter in question at such inquiry or audit (as the case may be) or to produce any books, deeds, contracts, accounts, vouchers, maps, plans, or other documents in his possession custody or control which relate to any such matter.

(3) The following provisions shall apply and have effect for the purposes of the immediately preceding sub-section of this section, that is to say:—

(a) it shall not be necessary for a person to attend in compliance with a notice given under the said sub-section by an inspector or auditor at a place more than ten miles from such person's ordinary place of residence unless such sum as will cover the reasonable and necessary expenses of such attendance have been paid or tendered to such person;

(b) a local authority whose accounts are being audited shall, at the request of the auditor, pay or tender to any person whose attendance the auditor requires under the said sub-section such sum as the auditor considers will cover the reasonable and necessary expenses of such attendance;

(c) a local authority concerned in a local inquiry held or to be held by an inspector pursuant to a direction by the Minister under this or any other Act, shall, at the request of the inspector, pay or tender to any person whose attendance at such local inquiry such inspector requires under the said sub-section such sum as the inspector considers will cover the reasonable and necessary expenses of such attendance;

(d) any person who in compliance with a notice under the said sub-section has attended at any place shall, save in so far as the reasonable and necessary expenses of such attendance have already been paid to him, be paid such expenses if such notice was given by an auditor, by the local authority whose accounts are being audited or, if such notice was given by an inspector for the purposes of a local inquiry, by such local authority concerned in such inquiry as such inspector shall direct, and such expenses, save as aforesaid, shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction;

(e) no person shall be required to produce the title of or any instrument relating to the title of land unless—

(i) in the case of an inquiry, such land is the property of the local authority or of any of the local authorities concerned in such inquiry, or

(ii) in the case of an audit, such land is the property of the local authority whose accounts are being audited;

(f) subject to the provisions of the foregoing paragraph of this sub-section; every person to whom a notice has been given under this sub-section who refuses or wilfully neglects to attend in accordance with such notice or who wilfully alters, suppresses, conceals, or destroys any document to which such notice relates, or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which such notice relates shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

Vaccination.

87.—(1) In this section—

the expression “the Vaccination Acts” means the Vaccination (Ireland) Acts, that is to say, the Vaccination (Ireland) Act, 1858, the Vaccination (Ireland) Act, 1863, the Vaccination Amendment (Ireland) Act, 1868, and the Vaccination Amendment (Ireland) Act, 1879, together with section 147 of the Public Health (Ireland) Act, 1878 , and

the expressions “sanitary district” and “sanitary authority” have the same meaning as in the Public Health Acts, 1878 to 1931.

(2) The following provisions shall apply and have effect in relation to the Vaccination Acts, that is to say:—

(a) the powers and duties conferred or imposed by the said Acts on a board of guardians or on a committee of management of a dispensary district shall, in every sanitary district, be exercised and performed by the sanitary authority of such sanitary district;

(b) every vaccination district existing immediately before the commencement of this section which is wholly within one sanitary district shall be a vaccination district at and after such commencement;

(c) if portion of a vaccination district existing immediately before the commencement of this section is within one sanitary district and another portion is within another sanitary district each of such portions shall be a vaccination district at and after such commencement;

(d) every mention or reference contained in the said Acts of or to a board of guardians or of or to the guardians of the poor or of or to a committee of management of a dispensary district shall be construed and have effect as a mention of or reference to the appropriate sanitary authority;

(e) every mention or reference contained in the said Acts of or to a poor law union shall be construed and have effect as a mention of or reference to a sanitary district;

(f) every mention or reference contained in the said Acts of or to a dispensary district shall be construed and have effect as a mention of or reference to so much of a dispensary district for the purposes of medical assistance under the Public Assistance Act, 1939 (No. 27 of 1939), as is situate within the relevant sanitary district;

(g) every mention or reference contained in the said Acts of or to the medical officer of a dispensary district shall be construed and have effect as a mention of or reference to the medical officer of health of the appropriate dispensary district, or where there is more than one such medical officer, to the medical officer who acts for the appropriate vaccination district.

(3) The provisions of section 9 of the Act of 1923 and the provisions of any order made under section 20 of that Act shall, if and in so far as they are inconsistent with the provisions of the next preceding-sub-section of this section, cease to have effect.

(4) The expenses incurred by a sanitary authority for the purposes of the Vaccination Acts as adapted or affected by this section shall be raised in the same manner as the expenses or, in the case of a rural sanitary authority, the general expenses of such sanitary authority for the purposes of the Public Health Acts, 1878 to 1931, are raised.

Contributions by urban authorities to approved associations.

88.—(1) In this section—

the expression “urban authority” means any of the following local authorities, that is to say, a corporation of a county or other borough, a council of an urban district, and the commissioners of a town;

the expression “approved association” means an association of urban authorities approved of by the Minister and the objects of which include consultation as to the common interests of urban authorities and discussion of matters relating to local government;

the expression “the approved amount” means—

(a) where the urban authority in respect of which the expression is used is a corporation of a county borough—twenty pounds,

(b) where such urban authority is a corporation of a borough which is not a county borough or is a council of an urban district—ten pounds, and

(c) where such urban authority is the commissioners of a town—five pounds.

(2) Subject to the provisions of the next following sub-section of this section, an urban authority may contribute to the funds of any approved association.

(3) The total amount standing for the time being contributed under this section by an urban authority shall not exceed the approved amount in respect of such urban authority.

Contributions to associations supplementing library services.

89.—(1) A local authority to which this section applies may, with the consent of the Minister, pay an annual or other contribution to the funds of any association which supplements the regular library services maintained by local authorities to which this section applies by providing books specially required by students.

(2) Any expenses incurred by a local authority under this section shall be defrayed in the same manner in which expenses incurred by such local authority under the Public Libraries (Ireland) Acts, 1855 to 1920, as amended by section 65 of the Act of 1925, are defrayed.

(3) This section applies to the following local authorities, that is to say, the council of a county, the corporation of a county or other borough, and the council of an urban district.

Appointment of first county managers and assistant county managers.

90.—(1) As soon as may be after the commencement of this section, the appointment under section 4 of the County Management Act, 1940 (No. 12 of 1940), of the first county manager for every county (other than the county of Dublin) or each of every two grouped counties shall be proceeded with and completed notwithstanding that that Act has not then come into force, but the day appointed by the Minister under sub-section (2) of the said section 4 as the day as on and from which any such appointment takes effect shall not be earlier than the day on which the said County Management Act, 1940 , comes into operation.

(2) Sub-section (5) of section 4 of the County Management Act, 1940 (No. 12 of 1940) shall not apply or have effect in relation to a county in respect of which the appointment of the first county manager takes effect on the day on which that Act comes into operation.

(3) As soon as may be after the commencement of this section, the first appointments of persons to fill the several offices to which section 12 of the County Management Act, 1940 (No. 12 of 1940), applies shall be proceeded with and completed under that Act notwithstanding that the said Act has not then come into operation, but the day appointed by the Minister under paragraph (b) of sub-section (3) of the said section 12 as the day as on and from which any such appointment takes effect shall not be earlier than the day on which the said County Management Act, 1940 , comes into operation.

FIRST SCHEDULE.

Acts which together with this Act may be cited as the Local Government Acts, 1925 to 1941.

1. Local Government Act, 1925 (No. 5 of 1925).

2. Local Government Act, 1927 (No. 3 of 1927).

3. Local Government Act, 1933 (No. 5 of 1933).

4. Local Government (Amendment) Act, 1934 (No. 5 of 1934).

5. Local Government (Amendment) (No. 2) Act, 1934 (No. 44 of 1934).

6. Local Government Act, 1936 (No. 46 of 1936).

7. Local Government (Amendment) Act, 1939 (No. 9 of 1939).

SECOND SCHEDULE.

Enactments Repealed.

THIRD SCHEDULE.

Enactments applied to elections of members of local authorities.