LOCAL GOVERNMENT ACT, 1925 (1925_act_5) | IE

ISB Act 1925-03-26

Schedule 1 LOCAL GOVERNMENT ACT, 1925 Open official source

FIRST SCHEDULE. RULES FOR DETERMINING THE AREA OF CHARGE FOR LIABILITIES OF A RURAL DISTRICT COUNCIL.

RULES FOR DETERMINING THE AREA OF CHARGE FOR LIABILITIES OF A RURAL DISTRICT COUNCIL.

1. Liabilities incurred by the rural district council as sanitary authority for the rural district shall be charged as follows:—

(a) liabilities which, but for the passing of this Act, would have been general expenses of the rural district council shall be charged on the area of the rural district;

(b) liabilities which, but for the passing of this Act, would have been special expenses of the rural district council charged on a specified area shall be charged on such specified area.

2. Any liabilities of a rural district council other than those provided for in Rule 1 shall be charged on the area of the rural district.

ISB Act 1925-03-26

Sec. 1 LOCAL GOVERNMENT ACT, 1925 Open official source

Definitions.

1

1.—In this Act, unless the context otherwise requires—

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

the expression “prescribed” means prescribed by the Minister; the expression “county” does not include a county borough;

the word “road” means any public road and includes any bridge, pipe, arch, gulley, footway, pavement, fence, railing or wall (where such fence, railing or wall was erected by or was liable to be maintained by the County Council or Grand Jury) forming part thereof;

the expression “main road” means any road which the Minister, by his order, declares to be a main road;

the expression “urban road” means any road in an urban district except a main road;

the expression “county road” means any road in a county except main roads and urban roads;

the expression “county scheme” has the same meaning as in the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923);

the expression “direct labour scheme” means and includes any declaration prepared by the council of a county under the provisions of Article 25a of the Procedure of Councils Order, 1899, specifying the roads in a rural district to be maintained by direct labour, and the scheme formulated for carrying such declaration into effect;

the expression “local authority” includes—

(i) a county council, county or other borough council, urban district council, rural district council, board of guardians, or the commissioners of any town,

(ii) any public body which is established by or in pursuance of any statute to perform any of the functions of any of the above named bodies,

(iii) any committee or joint committee of or appointed by any of the said authorities;

the expression “board of health” includes both a board of public health and a board of health and public assistance;

the word “powers” includes rights, jurisdictions, capacities, privileges, and immunities;

the word “duties” includes responsibilities and obligations;

the expression “powers and duties” includes all powers and duties conferred or imposed by or arising under any Local Act;

the expression “the appointed day” means the 1st day of October, 1925;

the word “maintenance” when used in relation to any road, includes the widening or other reasonable improvement of such road, and cognate words shall be construed accordingly.

ISB Act 1925-03-26

Schedule 2 LOCAL GOVERNMENT ACT, 1925 Open official source

SECOND SCHEDULE. RULES REGULATING THE PROCEEDINGS OF BOARDS OF HEALTH.

RULES REGULATING THE PROCEEDINGS OF BOARDS OF HEALTH.

1. A board of health shall consist of ten persons who shall be elected by the county council from amongst their members at the annual meeting of the council held next after a triennial election, and the election of such persons shall be part of the first business to be transacted at such annual meeting.

2. The members of the board of health shall be elected as follows:—

(a) for each county electoral area in the county health district one member of the board of health shall be elected from among the county councillors elected for that area;

(b) of the other members (in this rule called additional members) any group of county councillors comprising the necessary number of such councillors may nominate a councillor to be a member of the board of health, and such member shall be elected on such nomination without any voting;

(c) the remainder of the additional members shall be elected successively by a majority of the votes of the county councillors who are not members of any such group of county councillors as aforesaid;

(d) the number of councillors necessary to form a group for the purposes of this rule shall be the number obtained by dividing the total number of county councillors present at the election by the number of additional members to be elected, or where the number so obtained is not a whole number, the whole number next greater than the number so obtained;

(e) no county councillor may be a member of more than one group.

3. The members of a board of health shall hold office until the day after the day when their successors are appointed under Rule 1 of this Schedule.

4. The quorum of a board of health shall consist of three members.

5. A member of a board of health who ceases to be, or is disqualified for being, a member of the county council by whom he was appointed, shall also cease to be, or be disqualified for being, a member of the board of health.

6. Any member of the council of a county may with the consent of not less than one-fourth of the members of such council at any time notify the secretary of the council in writing of his intention to propose that the membership of any member of the board of health of a county health district in such county shall be terminated, and the secretary shall thereupon summon a special meeting of the county council for a date not later than one month from the receipt by him of such notification, and shall give to every member of the county council at least fourteen days' notice thereof, and in the event of a resolution being passed at such meeting approving of such proposal by a majority consisting of not less than two-thirds of the councillors present, the membership of such member of the board of health shall be thereupon terminated.

7. The membership of any member of a board of health who, for a consecutive period of three months, has not attended a meeting of such board, shall thereupon be terminated and the county council, at their meeting next after the expiration of such period, shall appoint one of their members to fill the vacancy so created in the membership of the board of health.

8. A member of a board of health may at any time resign his membership by writing signed by him and delivered to the secretary of the county council and to the secretary of the board of health, but such resignation shall not become effective until the meeting of the county council held next after the receipt of such writing.

9. Every board of health shall hold one annual meeting in each year, and shall hold a meeting for the transaction of their business at least once in each month and at such other times as may be necessary for properly exercising their powers and performing their duties.

10. The first meeting of a board of health after its election shall be an annual meeting, and an annual meeting shall be held in each subsequent year within one month after the anniversary of such election.

11. At every annual meeting of a board of health the board shall elect a chairman, and may elect a vice-chairman, from amongst its members, who shall hold office until after the next annual meeting of the board.

12. At every meeting of a board of health the chairman, if present, shall be chairman of the meeting. If the chairman is absent the vice-chairman shall be chairman of the meeting. If the chairman is absent and either no vice-chairman has been elected, or the vice-chairman is absent, such member of the board as the members then present shall choose shall be chairman of the meeting.

13. The chairman at a meeting of a board of health shall have a second or casting vote.

14. Casual vacancies occurring in a board of health shall be filled by the county council within one month after their occurrence, or within such further time as the Minister may allow, but where the casual vacancy is occasioned by a member of the board of health elected for an electoral area under paragraph (a) of Rule 2 of these Rules, the casual vacancy shall be filled from among county councillors elected in that electoral area.

15. The conduct of the business and the order of the proceedings of a board of health shall be in accordance with regulations to be from time to time made by the Minister.

16. The accounts of the receipts and expenditure of every board of health and its committees and officers shall be made up half-yearly to the 30th day of September and 31st day of March in each year, in such form as the Minister may prescribe, and shall be audited by such person as the Minister may appoint for that purpose.

17. A board of health shall present to the county council as soon as practicable after the close of each half-year a summary account of its receipts and expenditure and a report upon the work of the board during the half-year.

ISB Act 1925-03-26

Sec. 2 LOCAL GOVERNMENT ACT, 1925 Open official source

Application to County and City of Dublin.

2

2.—The following portions of this Act, that is to say, the whole of Part I, sections 9 to 16, and section 21 in Part II, sections 24, 26, 27 and 30 in Part III, and sections 57, 63, 74, 81 and 82 in Part V shall not apply to the County or the City of Dublin.

ISB Act 1925-03-26

Schedule 3 LOCAL GOVERNMENT ACT, 1925 Open official source

THIRD SCHEDULE. COMMITTEES TO BE ABOLISHED UNDER PART II. OF THIS ACT.

COMMITTEES TO BE ABOLISHED UNDER PART II. OF THIS ACT.

Committees of Management appointed under section 5 of the Tuberculosis Prevention (Ireland) Act, 1908.

Committees appointed for the purposes of the Midwives (Ireland) Act, 1918, under section 16 of that Act.

Committees appointed under sub-section (4) of section 2 of the Blind Persons Act, 1920.

ISB Act 1925-03-26

Schedule 4 LOCAL GOVERNMENT ACT, 1925 Open official source

FOURTH SCHEDULE. ACTS TO APPLY THROUGHOUT SAORSTÁT EIREANN.

ACTS TO APPLY THROUGHOUT SAORSTÁT EIREANN.

Infectious Disease (Notification) Act, 1889.

Infectious Disease (Prevention) Act, 1890.

Public Health Acts Amendment Act, 1890.

Part III.

Public Health Acts Amendment Act, 1907.

Parts IV. and V.

Tuberculosis Prevention (Ireland) Act, 1908.

Part I.

ISB Act 1925-03-26

Schedule 5 LOCAL GOVERNMENT ACT, 1925 Open official source

FIFTH SCHEDULE. RULES FOR PAYMENT OF TRAVELLING EXPENSES TO MEMBERS OF COUNTY AUTHORITIES AND COMMITTEES.

RULES FOR PAYMENT OF TRAVELLING EXPENSES TO MEMBERS OF COUNTY AUTHORITIES AND COMMITTEES.

1. In these rules—

the expressions “county authority” and “authorised committee” have the same meanings as in section 63 of this Act;

the word “contribution” means a contribution payable under section 63 of this Act towards the travelling expenses of a member;

the word “member” means a member of a county authority or an authorised committee.

2. Every member shall, immediately after his election or appointment, communicate in writing to the county authority the address at which he ordinarily resides, which address is referred to in these rules as the official residence of such member.

3. The contributions to be paid to a member shall be calculated on the length of the journey from the official residence of the member to the place of meeting of the county authority or authorised committee, and the mode of transport used for such journey.

4. Where the journey from the official residence of a member to the place of meeting of the county authority or authorised committee could be made by more than one route or by different modes of transport, the journey shall, for the purposes of these rules, be deemed to have been made by the route and the mode of transport in respect of which the payment under these rules would be the least.

5. There shall be paid to every member to whom a contribution is payable under section 63 of this Act, a sum calculated in the manner prescribed in the next rule in respect of each meeting of the county authority or authorised committee attended by him provided that no contribution shall be paid to any such member in respect of a meeting held at a place situate less than five miles by any route from his official residence.

6. The sum payable under the preceding rule in respect of each meeting shall be calculated as follows, that is to say, four pence for each mile of the journey from the member's official residence to the place of meeting travelled by railway, and five pence for each mile of such journey travelled otherwise than by railway.

ISB Act 1925-03-26

Schedule 6 LOCAL GOVERNMENT ACT, 1925 Open official source

SIXTH SCHEDULE. RULES FOR CONFIRMING PROVISIONAL ORDERS EMPOWERING LOCAL AUTHORITIES TO ACQUIRE LAND.

RULES FOR CONFIRMING PROVISIONAL ORDERS EMPOWERING LOCAL AUTHORITIES TO ACQUIRE LAND.

1. A copy of the Provisional Order shall be served in the prescribed manner, together with a statement that the order will be confirmed and have the effect of an Act of the Oireachtas unless within the prescribed period a petition by some person interested is presented to the Minister or the Circuit Court having jurisdiction where the land to be acquired is situate praying that the order, or any specified part thereof, shall not become law without further enquiry.

2. A copy of every petition to the Circuit Court under these Rules shall be forwarded by an officer of the Circuit Court to the Minister, and if the petition is withdrawn a notice to that effect shall also be so forwarded.

3. If the Minister is satisfied that the prescribed regulations have been in all respects complied with, then after the prescribed period—

(a) if no petition has been presented or if every such petition is withdrawn, the Minister shall, without further inquiry, confirm the Order;

(b) if a petition has been presented to the Circuit Court and has not been withdrawn, then at the first sitting of that court held after the expiration of one week from the date of the presentation of the petition or of the prescribed period, whichever shall be the later, or at such later date as the court shall direct, the court shall hear the petition and determine all questions arising thereon, and may either confirm with or without amendment or disallow the order and may award costs to be paid by or to the petitioner or any party opposing the petition;

(c) if no petition has been presented to the Circuit Court, but a petition has been presented to the Minister and has not been withdrawn, then, unless the local authority notify the Minister of their intention to withdraw their application for the order, or the part thereof, as the case may be, to which the petition relates, the Minister shall, after consideration of a full report of the evidence taken at the original inquiry and after such further local inquiry (if any) as he may deem necessary, either confirm with or without amendment or disallow the order.

4. Where a petition has been presented under these Rules to the Minister or the Circuit Court, respecting a portion only of a provisional order, the Minister may divide the provisional order into two or three orders as follows:—

(a) an order containing the portion of the original order to which no such petition relates;

(b) an order containing the portion or portions of the original order to which any petition to the Circuit Court relates;

(c) an order containing the portion or portions of the original order to which any petition to the Minister and no petition to the Circuit Court relates;

and each of such new orders shall become absolute or be confirmed under these Rules as if such new order were originally made by the Minister as a separate order.

5. Rules of court shall regulate the practice and procedure with respect to the presentation, withdrawal and hearing of petitions to the Circuit Court and for the costs incidental thereto.

ISB Act 1925-03-26

Schedule 7 LOCAL GOVERNMENT ACT, 1925 Open official source

SEVENTH SCHEDULE. ENACTMENTS REPEALED

ENACTMENTS REPEALED

Session and Chapter.

Short Title.

Extent of Repeal.

6 and 7 Will. IV. c. 116

The Grand Jury (Ireland) Act, 1836.

Sections 1, 38, 50, 51, 52, 55 and 56; section 80, from “not exceeding one pound” to the end of the section; section 162.

28 Vic. c. 26

The Union Officers Superannuation (Ireland) Act, 1865.

The whole Act.

32 & 33 Vic. c. 50

The Medical Officers Superannuation Act (Ireland), 1869.

The whole Act.

32 & 33 Vic. c. 79

The Local Officers Superannuation Act (Ireland), 1869.

The whole Act.

35 & 36 Vic. c. 89

The Union Officers (Ireland) Act, 1872.

The whole Act.

38 & 39 Vic. c. 56

The County Surveyors (Superannuation) Act (Ireland), 1875.

The whole Act.

48 & 49 Vic. c. 80

The Union Officers (Ireland) Act, 1885.

The whole Act.

61 & 62 Vic. c. 37

The Local Government (Ireland) Act, 1898.

Sub-section (2) of section 3, sections 8 and 11, save in so far as those sections apply to the City or County of Dublin; sub-section (2) of section 12; sub-sections (2), (6), (7) and (8) of section 27, save in so far as those sub-sections apply to the City or County of Dublin; sub-section (2) of section 82, save in so far as that sub-section applies to the City or County of Dublin; sub-section (11) of section 83; section 87.

—

The Local Government (Application of Enactments) Order, 1898.

Sub-article (11) of article 12 of the Schedule.

63 & 64 Vic. c. 41

The Local Government (Ireland) (No. 2) Act, 1900.

The whole Act.

9 Edw. VII. c. 32

The Health Resorts and Watering-Places (Ireland) Act, 1909.

The whole Act.

3 Edw. VII. c. 36

The Motor Car Act, 1903.

Sub-section (2) of section 10.

9 Edw VII. c. 47

The Development and Road Improvement Funds Act, 1909.

Sub-section (2) of section 10.

9 & 10 Geo V. c. 19

The Local Government (Ireland) Act, 1919.

Section 8

9 & 10 Geo. V. c. 21

The Ministry of Health Act, 1919.

The whole Act.

No. 9 of 1923.

The Local Government (Temporary Provisions) Act, 1923.

Sections 12 and 14.

LOCAL GOVERNMENT ACT, 1925

Table of Provisions (9)

Statutory Text (9 Articles)

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