S.I. No. 27/1979 - Public Bodies (Amendment) Order, 1979.

1. In article 62 of the Principal Order, the following shall be substituted for sub-article (1)

"(1) Every rate shall be made after every statutory requirement in relation to notices or to the deposit of the rate book for inspection has been complied with and the rate book shall thereupon be duly sealed."

2. In Form RA 1 of the Principal Order, the following shall be substituted for the certificate of Secretary and allowance of county rates by county council at the end of the Form

"Certificate of Secretary and Making of County Rates

Certificate of Secretary

I hereby certify that the County Rate and several County Rates hereinbefore set forth, in so far as the value of the hereditaments therein assessed is concerned, are in conformity with the valuations now in force.

...........................................

Secretary of the Council

Dated this ......................... day of.................. 19 ...

Making of County Rates

It is hereby ordered that the County Rate and the several County Rates hereinbefore set forth be made

(a) for purposes other than town charges and

(b) for town charges in the town of and

(c) for town charges in the town of and

............................................................ ............................................................ ............................................

............................................................ ............................................................ ............................................

...................................................

Manager

............................................................ ...

Chairman or nominated member

Dated this .............................. day of..................................19 ...."

3. In form RA 5, the following shall be inserted at the end of the Form before the date of the notice

"Under

section 7

(1) of the

Local Government (Financial Provisions) Act, 1978

, any person who is aggrieved at the failure of a rating authority to make him an allowance under that Act or who believes that he is entitled to a different allowance to that made to him may, within 2 months of the date of the making of the rate, request the rating authority in writing to grant the appropriate allowance. In case the request is not complied with within 28 days the person may, within 4 months of the date of the making of the rate, apply to the District Court to have the appropriate allowance made.

The above rates were made on ....................................... of ...................................... 19 ....

Any request in respect of them under

section 7

(1) of the

Local Government (Financial Provisions) Act, 1978

must therefore be made to this (name of authority) not later than .................. of ..................... 19.... Any application to the District Court under the same provision must be made not later than .................. of ...................... 19...."

GIVEN under the Official Seal of the Minister for the Environment this 5th

day of February, 1979.

SYLVESTER BARRETT,

Minister for the Environment.

EXPLANATORY NOTE.

This Order amends the Public Bodies Order, 1946 in light of a number of provisions of the

Local Government (Financial Provisions) Act, 1978

. The procedure for the making of rates is modified to make it consistent with section 13 of the 1978 Act and the form of notice of rates having been made is amended to include reference to section 7 (1) of the same Act.

4. On the coming into operation of this Order the Principal Order shall have effect with the amendments specified in the Schedule to this Order.

SCHEDULE.

Amendments of the Principal Order

S.I. No. 27 of 1979.

PUBLIC BODIES (AMENDMENT) ORDER, 1979.

The Minister for the Environment in exercise of the powers conferred on him by

section 86

(1) (

d

) of the

Local Government Act, 1925

(No. 5 of 1925) hereby orders as follows