S.I. No. 47/1925 - The Local Government (Application and Adaptation of Enactments) Order, 1925.

1. In paragraph (

c

) of sub-section (2) of section 3 for " rural district " there shall be substituted " county health district."

2. For paragraph (

d

) of sub-section (2) of section 3 there shall be substituted a new paragraph, as follows :—

" (

d

)

The expression ' medical officer of health ' means in a county borough the medical superintendent officer of health of such borough, and elsewhere the county medical officer of health."

3. In sub-section (2) of section 4 for " rural districts in Ireland " shall be substituted " county health districts."

4. In sub-section (1) of section 156 at the end of the sub-section there shall be inserted the following :—

" The expression ' sanitary authority ' has the same meaning as in the Public Health (Ireland) Acts, 1878 to 1919, as amended by the

Local Government Act, 1925

."

5. In sub-section 5 of section 160 the words " or a county medical officer of health " shall be inserted at the end.

VII.—In sub-section (1) of section 6 of the Local Government (Ireland) Act, 1902, for the words " or any rural district " shall be substituted the words " or any county health district " and for the words " or that rural district " shall be substituted the words " or the rural districts which were situate within the area of that county health district."

VIII.—The Notification of Births Act, 1907, shall be adapted as follows :—

6. In paragraph (

b

) of sub-section (9) of section 51 for " the demands of a board of guardians, and the money required to meet those demands " shall be substituted " the expenses of the relief of the poor, and the money required to meet those expenses."

7. In paragraph (

b

) of sub-section (2) of section 58 for " rural district " there shall be substituted " county health district " and after " the district council " there shall be inserted " or board of health."

8. Sub-section (1) of section 96 shall be adapted in the manner and to the extent necessary for the purpose of being read as follows—

" 96. (1) (

a

)

The secretary of every county council and the clerk of every urban district council shall within the prescribed time after making a poor rate send, without payment, a copy certified by him of so much of the rate book as relates to each district electoral division in each county health district in the county or in the urban district to a station of the Gárda Síochána situate in such county health district or urban district. Provided that the council shall determine to which such station a copy of the portion of the rate book relating to each district electoral division shall be sent, after consultation with the chief superintendent of every division of the Gárda Síochána in which any part of such county health district or urban district (as the case may be) is situate, and with due regard to the convenience of persons desiring to inspect the same.

(

b

) The Evidence Act, 1851, shall apply as if the copy sent in accordance with this sub-section was a certified copy within the meaning of that Act, and every person shall have the same right to inspect and take copies or extracts from the said copy as he would have if it were a poor rate, and section 70 of the Poor Relief (Ireland) Act, 1838, and any other enactment relating to such inspection, copies, or extracts shall apply accordingly."

IV. —In sub-article (1) of Article 20 of the Schedule to the Local Government (Application of Enactments) Order, 1898, after " county council " there shall be inserted " and the secretary of every board of health " and the words " and rural " shall be omitted.

V. —In Article 37 of the Local Government (Adaptation of Irish Enactments) Order, 1899, the following adaptations and modifications shall be made, that is to say :—

STATUTORY RULES AND ORDERS. 1925. No. 47.

THE LOCAL GOVERNMENT (APPLICATION AND ADAPTATION OF ENACTMENTS) ORDER, 1925.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

THE

LOCAL GOVERNMENT ACT, 1925

.

WHEREAS by sub-section (1) of

section 86

of the

Local Government Act, 1925

(in this Order referred to as " the Act ") it is provided that the Minister for Local Government and Public Health may by Order do, amongst other matters, the following, that is to say :—

(

a

) apply to boards of health any existing enactment relating to county or district councils with such modifications as he shall deem necessary ;

(

b

) make such adaptations of any existing enactment (including any Local Act), relating to any matter dealt with or affected by the Act as appear to him necessary or expedient for carrying the Act into effect

AND WHEREAS the enactments which are set forth in the First Schedule to this Order are existing enactments and relate to county or district councils

AND WHEREAS the enactments which are set forth in the Second Schedule to this Order are existing enactments and relate to matters dealt with or affected by the Act, and the adaptations of the said enactments set forth in the said Second Schedule appear to the Minister for Local Government and Public Health to be necessary for carrying the said Act into effect

NOW THEREFORE I, the Minister for Local Government and Public Health, in exercise of the powers conferred on me by the above recited sub-section and of all other powers enabling me in this behalf do hereby order as follows, that is to say :—

1.—In this Order all expressions shall have the same meaning as in the Act.

2.—The applications and adaptations of existing enactments made by this Order shall come into force on the appointed day.

3.—Each of the enactments set forth in the First Schedule to this Order shall apply to a board of health of a county health district in the same manner as such enactment applied to the council of a rural district before the appointed day.

4.—(1) The adaptations of enactments which are set forth in the Second Schedule to this Order shall not affect the application of any such enactment in the county or city of Dublin, and every such enactment shall continue to have effect in the said county and city as if this Order had not been made.

(2) Subject to the provisions of the preceding sub-article each of the enactments mentioned in the Second Schedule to this Order is hereby adapted in the manner and to the extent specified in the said Second Schedule.

5.—This Order may be cited as " the Local Government (Application and Adaptation of Enactments) Order, 1925."

Given under my Seal of Office this 29th day of October in the Year of Our Lord One Thousand nine Hundred and Twenty-five.

(Signed) SEAMUS DE BÚRCA,

Minister for Local Government and Public Health.

FIRST SCHEDULE.

ENACTMENTS APPLIED TO BOARDS OF HEALTH.

Local Government

(

Ireland

)

Act,

1871.

Sections 12 to 18 (as amended by any subsequent enactment).

Local Government

(

Ireland

)

Act,

1898.

Sub-sections (2) and (3) or section 33.

Section 36.

Section 47.

Section 80.

Section 81.

Sub-sections (1) and (3) of section 82.

Section 100.

Local Government (Application of Enactments) Order,

1898.

Sub-articles (1), (2), (3), (4), (5), (6) and (7) of Article 12 of the Schedule.

Sub-article (3) of Article 19 of the Schedule.

SECOND SCHEDULE.

ADAPTATION OF ENACTMENTS.

I.—In the Public Health (Ireland) Acts, 1878 to 1919, and in the Labourers (Ireland) Acts, 1883 to 1906, and in every general order or regulation made under any of the said Acts,

(

a

) for " rural district " shall be substituted " rural sanitary district," and

(

b

) for " rural district council," and for " district council " or " council " used in reference to a rural district council, shall be substituted " rural sanitary authority," and

(

c

) for " clerk to a rural district council " shall be substituted " secretary to a rural sanitary authority."

II.—In sub-section (2) of section 15 of the Irish Education Act, 1892, the words from " and shall on application " to " or any part thereof " shall be deleted.

III. —In the Local Government (Ireland) Act, 1898, the following adaptations shall be made, that is to say—