Local Elections Act, 1953

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Number 15 of 1953.

LOCAL ELECTIONS ACT, 1953.

ARRANGEMENT OF SECTIONS

SCHEDULE.

Number 15 of 1953.

LOCAL ELECTIONS ACT, 1953.

AN ACT TO ALTER THE TIMES FOR HOLDING ELECTIONS OF MEMBERS OF CERTAIN LOCAL AUTHORITIES AND TO MAKE PROVISIONS CONSEQUENTIAL ON OR INCIDENTAL TO SUCH ALTERATION. [18th June, 1953.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Interpretation.

1.—(1) In this Act—

“local authority” means any of the following bodies:

(a) the council of a county,

(b) the corporation of a county or other borough,

(c) the council of an urban district,

(d) the commissioners of a town;

“the Minister” means the Minister for Local Government.

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

Election years.

2.—(1) An election of members of every local authority shall be held in the year 1955.

(2) After the year 1955, an election of members of every local authority shall be held in every fifth successive year after the year in which the immediately previous such elections were held.

(3) An election of members of a local authority shall not be held between the passing of this Act and the election pursuant to subsection (1) of this section of members of such authority and the term of office of the members of such authority current at the passing of this Act shall stand extended accordingly.

(4) Nothing in this section shall affect Part IV of the Local Government Act, 1941 (No. 23 of 1941), or any order made under that Part.

(5) Where any act, matter or thing which was done or omitted by any local authority or by any member or officer thereof (including a returning officer) before the passing of this Act would have been lawfully done or omitted if this section had then been in operation, such act, matter or thing shall be deemed to have been lawfully done or omitted.

Amendment of School Attendance Act, 1926.

3.—(1) Notwithstanding anything contained in section 10 of the School Attendance Act, 1926 (No. 17 of 1926)—

(a) an appointment of members of every school attendance committee shall be made in the year 1955,

(b) an appointment of members of a school attendance committee shall not be made between the passing of this Act and the appointment pursuant to the immediately preceding paragraph of members of such authority, and

(c) any term of office of a member of a school attendance committee current at the passing of this Act which, apart from this paragraph, would expire before the 31st day of December, 1955, shall stand extended to that day.

(2) After the appointments pursuant to paragraph (a) of subsection (1) of this section, section 10 of the School Attendance Act, 1926 , shall have effect—

(a) with the substitution of “quinquennially” for “triennially” and “five” for “three” in subsection (3), and

(b) with the substitution of “quinquennial” for “triennial” wherever the latter word occurs in subsection (4).

Amendment of Vocational Education Acts, 1930 to 1950.

4.—In the Vocational Education Acts, 1930 to 1950, and in any order or regulation made thereunder “election year” shall, in lieu of having the meaning which it had immediately before the passing of this Act, mean any year in which elections of members of local authorities are held pursuant to section 2 of this Act and the expression “quinquennial meeting” shall be substituted for “triennial meeting”.

Amendment of Agriculture Acts, 1931 to 1948.

5.—In the Agriculture Acts, 1931 to 1948, “election year” shall, in lieu of having the meaning which it had immediately before the passing of this Act, mean any year in which elections of members of local authorities are held pursuant to section 2 of this Act.

Amendment of Local Government Act, 1941.

6.—(1) In subsection (2) of section 45 of the Local Government Act, 1941 (No. 23 of 1941), “five years” shall be substituted for “three years” wherever the latter words occur in the subsection.

(2) Where, by reason of the members of the council of a county being removed from office, the day on which any such election as is referred to in subsection (2) of section 5 of the Local Elections Act, 1927 (No. 39 of 1927), is to be held cannot be ascertained pursuant to that subsection, the election shall be held on such day as the Minister fixes by order.

Amendment of Harbours Act, 1946.

7.—The following subsection shall be substituted for subsection (2) of section 9 of the Harbours Act, 1946 (No. 9 of 1946):

“(2) In addition to the first election year, every year thereafter which is a year in which elections of members of councils of counties are held pursuant to section 2 of the Local Elections Act, 1948 (No. 8 of 1948), or section 2 of the Local Elections Act, 1953, shall be an election year in respect of a harbour authority.”

Term of office of members of certain bodies.

8.—(1) This section applies to a board, committee or other body all or any of the members of which are required by law to be appointed by a local authority following an election of the members of such authority.

(2) The term of office current at the passing of this Act of a member of a board, committee or other body to which this section applies shall stand extended to the day on which the successor of such member to be appointed in the year 1955 is due to commence his term of office.

(3) Every doubt, question and dispute as to whether any particular board, committee or other body is or is not a board, committee or body to which this section applies shall be determined by the Minister.

Saving for disqualification in certain cases.

9.—A member of a local authority who ceases to be a local government elector in the functional area of the authority by reason of the coming into force of a new register of local government electors after the passing of this Act and before the election of members of the authority pursuant to subsection (1) of section 2 of this Act shall not, by reason only of such cesser, be disqualified from continuing to hold office as a member of the authority until the ordinary day of retirement of the members of the authority after such election.

Adaptation of enactments.

10.—(1) In this section “local body” means a local authority or a body to which section 8 of this Act applies.

(2) Any reference in any statute, order or regulation in force at the passing of this Act to a triennial election of members of a local body shall be construed as a reference to an election pursuant to this Act of such members.

(3) Every statute, order and regulation relating to elections of members of any local body or to the meetings of any local body shall have effect subject to the provisions of this Act, and the Minister may by order make such adaptations or modifications in any such statute, order or regulation as may in his opinion be necessary to enable it to have effect in conformity with this Act.

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

Holding of certain meetings.

11.—Where a date has not been appointed by a local authority before the 23rd day of June, 1953, for the holding of the annual meeting or quarterly meeting (as the case may be) of the local authority which is required by law to be held during the period beginning on the 23rd day of June, 1953, and ending on the 1st day of July, 1953, the county secretary or town clerk (as the case may be) shall summon a meeting of the local authority for a convenient hour and date within that period for the purpose, and a meeting held in pursuance of such summons shall be regarded as an annual or quarterly meeting held on a date appointed by the local authority.

Repeals.

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

Short title and collective citation.

13.—(1) This Act may be cited as the Local Elections Act, 1953.

(2) The Local Elections Act, 1927 (No. 39 of 1927), and this Act may be cited together as the Local Elections Acts, 1927 and 1953.

SCHEDULE.

Enactments Repealed.

Section 12