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1955_act_9 IE

LOCAL GOVERNMENT ACT, 1955

2 Articles / Provisions · Ireland
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Statutory Text (2 Articles)

ISB Act 1955-05-10

FIRST SCHEDULE. Enactments Repealed.

Enactments Repealed.

Section 5.

Session and Chapter or Number and Year

Session and Chapter or Number and Year

Short title

Short title

Extent of Repeal

Extent of Repeal

10 & 11 Vic., c. 16.

10 & 11 Vic., c. 16.

Commissioners Clauses Act, 1847.

Commissioners Clauses Act, 1847.

Section 96.

Section 96.

17 & 18 Vic., c. 103.

17 & 18 Vic., c. 103.

Towns Improvement (Ireland) Act, 1854.

Towns Improvement (Ireland) Act, 1854.

Section 94.

Section 94.

18 & 19 Vic., c. 40.

18 & 19 Vic., c. 40.

Public Libraries Act (Ireland), 1855.

Public Libraries Act (Ireland), 1855.

Section 7.

Section 7.

26 & 27 Vic., c. xiv.

26 & 27 Vic., c. xiv.

Dungarvan Harbour, Markets and Improvement Act, 1863.

Dungarvan Harbour, Markets and Improvement Act, 1863.

Sections 23 to 31.

Sections 23 to 31.

41 & 42 Vic., c. 52.

41 & 42 Vic., c. 52.

Public Health (Ireland) Act, 1878.

Public Health (Ireland) Act, 1878.

The words “not being more than threepence for each separate entry of death” in section 191; subsection (3) of section 238.

The words “not being more than threepence for each separate entry of death” in section 191; subsection (3) of section 238.

59 & 60 Vic., c. 11.

59 & 60 Vic., c. 11.

Housing of the Working Classes (Ireland) Act, 1896.

Housing of the Working Classes (Ireland) Act, 1896.

All words in subsection (1) of section 1 from “and if such town commissioners” to the end of the subsection; subsection (2) of section 1.

All words in subsection (1) of section 1 from “and if such town commissioners” to the end of the subsection; subsection (2) of section 1.

61 & 62 Vic., c. 37.

61 & 62 Vic., c. 37.

Local Government (Ireland) Act, 1898.

Local Government (Ireland) Act, 1898.

Subsections (7) and (8) of section 51; section 71.

Subsections (7) and (8) of section 51; section 71.

Local Government (Application of Enactments) Order, 1898.

Local Government (Application of Enactments) Order, 1898.

Paragraph (xiv) of subarticle (10) of Article 36 of the Schedule.

Paragraph (xiv) of subarticle (10) of Article 36 of the Schedule.

2 Edw. VII., c. 38.

2 Edw. VII., c. 38.

Local Government (Ireland) Act, 1902.

Local Government (Ireland) Act, 1902.

Section 4.

Section 4.

8 Edw. VII., c. 38.

8 Edw. VII., c. 38.

Irish Universities Act, 1908.

Irish Universities Act, 1908.

All words in subsection (2) of section 10 from the words “Any expenses” to the end of the subsection.

All words in subsection (2) of section 10 from the words “Any expenses” to the end of the subsection.

9 Edw. VII., c. 37.

9 Edw. VII., c. 37.

Motor Car (International Circulation) Act, 1909.

Motor Car (International Circulation) Act, 1909.

The whole Act.

The whole Act.

11 & 12 Geo. V., c. 67.

11 & 12 Geo. V., c. 67.

Local Authorities (Financial Provisions) Act, 1921.

Local Authorities (Financial Provisions) Act, 1921.

Section 3.

Section 3.

No. 5 of 1925.

No. 5 of 1925.

Local Government Act, 1925.

Local Government Act, 1925.

Section 29.

Section 29.

No. 8 of 1926.

No. 8 of 1926.

Acquisition of Land (Allotments) Act, 1926.

Acquisition of Land (Allotments) Act, 1926.

Subsection (3) of section 2.

Subsection (3) of section 2.

No. 39 of 1926.

No. 39 of 1926.

Local Authorities (Officers and Employees) Act, 1926.

Local Authorities (Officers and Employees) Act, 1926.

The words “and every person so appointed shall hold office until a person is appointed to such office under the provisions (other than this subsection) of this Act” in section 5.

The words “and every person so appointed shall hold office until a person is appointed to such office under the provisions (other than this subsection) of this Act” in section 5.

No. 27 of 1930.

No. 27 of 1930.

Local Government (Dublin) Act, 1930.

Local Government (Dublin) Act, 1930.

The words “and for the passing of which not less than two-thirds of the members of the Council shall have voted” in subsection (1) of section 76.

The words “and for the passing of which not less than two-thirds of the members of the Council shall have voted” in subsection (1) of section 76.

No. 50 of 1931.

No. 50 of 1931.

Housing (Miscellaneous Provisions) Act, 1931.

Housing (Miscellaneous Provisions) Act, 1931.

Subsection (2) of section 43.

Subsection (2) of section 43.

No. 35 of 1934.

No. 35 of 1934.

Limerick City Management Act, 1934.

Limerick City Management Act, 1934.

The words “and for the passing of which not less than two-thirds of the members of the Council shall have voted” in subsection (1) of section 34.

The words “and for the passing of which not less than two-thirds of the members of the Council shall have voted” in subsection (1) of section 34.

No. 55 of 1936.

No. 55 of 1936.

Local Authorities (Miscellaneous Provisions) Act, 1936.

Local Authorities (Miscellaneous Provisions) Act, 1936.

Section 11.

Section 11.

No. 25 of 1939.

No. 25 of 1939.

Waterford City Management Act, 1939.

Waterford City Management Act, 1939.

The words “and for the passing of which not less than two-thirds of the members of the Council shall have voted” in subsection (1) of section 32.

The words “and for the passing of which not less than two-thirds of the members of the Council shall have voted” in subsection (1) of section 32.

No. 5 of 1941.

No. 5 of 1941.

Cork City Management (Amendment) Act, 1941.

Cork City Management (Amendment) Act, 1941.

The words “and for the passing of which not less than two-thirds of the members of the Council shall have voted” in subsection (1) of section 23.

The words “and for the passing of which not less than two-thirds of the members of the Council shall have voted” in subsection (1) of section 23.

No. 23 of 1941.

No. 23 of 1941.

Local Government Act, 1941.

Local Government Act, 1941.

Sections 12, 22, 26 and 30; subsection (6) of section 60; paragraph (c) of section 63; sections 64 and 65.

Sections 12, 22, 26 and 30; subsection (6) of section 60; paragraph (c) of section 63; sections 64 and 65.

No. 30 of 1945.

No. 30 of 1945.

Local Authorities (Acceptance of Gifts) Act, 1945.

Local Authorities (Acceptance of Gifts) Act, 1945.

Section 5.

Section 5.

No. 24 of 1946.

No. 24 of 1946.

Local Government Act, 1946.

Local Government Act, 1946.

Sections 33, 36, 39 and 42.

Sections 33, 36, 39 and 42.

No. 3 of 1948.

No. 3 of 1948.

Local Government (Sanitary Services) Act, 1948.

Local Government (Sanitary Services) Act, 1948.

Paragraph (g) of subsection (1) of section 43.

Paragraph (g) of subsection (1) of section 43.

ISB Act 1955-05-10

SECOND SCHEDULE. Subsections referred to in Section 24 of this Act.

Subsections referred to in Section 24 of this Act.

Section 24.

Part I.

“(5) (a) Where a declaration is made under this section before the 7th day of July, 1954, the declaration shall have effect in relation only to a holder who by law is entitled to or may be granted a superannuation allowance on his resigning or otherwise ceasing to hold office and subsection (3) of this section shall, with respect to the declaration, be construed accordingly.

(b) Where a declaration is made under this section on or after the 7th day of July, 1954—

(I) the following provisions shall have effect:—

(i) the declaration shall have effect in relation only to—

(A) a holder who by law is entitled to or may be granted a superannuation allowance on his resigning or otherwise ceasing to hold office, and

(B) a holder who, if he continues to hold until he reaches a particular age greater than the specified age contained in the declaration, will then, and only then by law be entitled to or be capable of being granted a superannuation allowance on his resigning or otherwise ceasing to hold office,

(ii) the reference in the declaration to the said specified age shall have effect in the case of a holder specified in clause (B) of the foregoing subparagraph as if it were a reference to the particular age referred to in that clause,

and subsection (3) of this section shall, with respect to the declaration, be construed accordingly,

(II) the declaration may relate to all the offices in relation to which the declaring Minister is the appropriate Minister or to such of those offices as belong to a specified class, description or grade or to one or more specified such offices notwithstanding any other provision made by or under statute in relation to holding such offices, offices of such class, description or grade or such one or more specified offices (including, in particular, a provision for holding office until death, resignation or removal from office) and in any such case, the declaration and this section shall have effect notwithstanding such other provision.

(c) A declaration under this section may be framed either with or without indication of the effect of this subsection.”

Part II.

“(5) (a) Where a declaration is made under this section before the 7th day of July, 1954, the declaration shall have effect in relation only to a holder who by law is entitled to or may be granted a superannuation allowance on his resigning or otherwise ceasing to hold office and subsection (3) of this section shall, with respect to the declaration, be construed accordingly.

(b) Where a declaration is made under this section on or after the 7th day of July, 1954—

(I) the following provisions shall have effect:—

(i) the declaration shall have effect in relation only to—

(A) a holder who by law is entitled to or may be granted a superannuation allowance on his resigning or otherwise ceasing to hold office, and

(B) a holder who, if he continues to hold until he reaches a particular age greater than the specified age contained in the declaration, will then, and only then by law be entitled to or be capable of being granted a superannuation allowance on his resigning or otherwise ceasing to hold office,

(ii) the reference in the declaration to the said specified age shall have effect in the case of a holder specified in clause (B) of the foregoing subparagraph as if it were a reference to the particular age referred to in that clause,

and subsection (3) of this section shall, with respect to the declaration, be construed accordingly,

(II) the declaration may relate to all the offices in relation to which the declaring Minister is the appropriate Minister or to such of those offices as belong to a specified class, description or grade or to one or more specified such offices notwithstanding any other provision made by or under statute in relation to holding such offices, offices of such class, description or grade or such one or more specified offices (including, in particular, a provision for holding office until death, resignation or removal from office) and in any such case, the declaration and this section shall have effect notwithstanding such other provision.

(c) A declaration under this section may be framed either with or without indication of the effect of this subsection.”

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