LOCAL GOVERNMENT (REORGANISATION) ACT, 1985

FIRST SCHEDULE The Excluded Areas and the Added Areas

The Excluded Areas and the Added Areas

Section 10.

PART I

Interpretation

1. In this Schedule—

(a) a reference to the existing boundary shall be construed as a reference to the boundary of the City as it existed immediately before the commencement of section 10 of this Act,

(b) a reference to an imaginary line drawn along any road, lane, grove, avenue, river, channel or gate shall be construed as a reference to such a line drawn along the centre of such road, lane, grove, avenue, river, channel or gate,

(c) a reference to the point at which any road, lane, grove, avenue, river, channel, gate or imaginary projection intersects or joins any other road, lane, grove, avenue, river, channel, gate or imaginary projection shall be construed as a reference to the point at which a line drawn along the centre of the one or, in the case of an imaginary projection, along the one, would be intersected or joined by a line drawn along the centre of the other or, in the case of an imaginary projection, along the other,

(d) a reference to a point at which any road, lane, river or imaginary projection intersects or joins a boundary shall be construed as a reference to the point at which a line drawn along the centre of such road, lane, river, or, in the case of an imaginary projection, along the projection, would intersect or join such boundary.

PART II

Parts of the City detached therefrom and added to the County by virtue of section 10 (1).

2. (1) The part of the City enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point where the existing boundary meets the western boundary of the Dublin-Belfast railway line at “Howth Junction” Railway Station, thence in a southerly direction along the said western boundary to the point at which it joins Kilbarrack Road, and finally continuing in an easterly direction along Kilbarrack Road and along its imaginary projection (in a south-easterly direction) across Dublin Road to the point at which the said imaginary projection joins the existing boundary on the northern shore of Sutton Creek.

(2) The part of the City which comprises the island of “Ireland's Eye” and all its surrounding islets and rocks.

(3) The part of the City enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point on the existing boundary at the junction of Kimmage Road West and Shelton Grove, thence in a south-easterly direction along Kimmage Road West to the point at which it joins Fortfield Road, and continuing in a south-westerly direction along Fortfield Road to the point at which it joins the existing boundary.

(4) The part of the City enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point on the existing boundary at the junction of Fortfield Road and Templeogue Road, thence in a north-easterly direction along Templeogue Road to the point where the imaginary projection (in a north-westerly direction) of the south-western boundary of Bushy Park is intersected by Templeogue Road, thence in a south-easterly direction along the said imaginary projection and boundary and along its imaginary projection (in a south-easterly direction) to its intersection by the existing boundary.

(5) The part of the City enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point on the existing boundary where the Owendoher River forms a junction with the River Dodder, thence, initially in a north-easterly direction, along the River Dodder to the point where it joins the existing boundary.

(6) The part of the City enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point on the existing boundary where it meets the most western point of the boundary of “Woodview” and Greenfield Park, thence in an easterly direction along the northern boundary of “Woodview” and along its imaginary projection (in an easterly direction) to the point where the said imaginary projection joins Stillorgan Road, and continuing in a south-easterly direction along the Stillorgan Road to the point at which it joins the existing boundary.

(7) The part of the City enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point where the imaginary projection (in a south-westerly direction) of the southeastern boundary of Cranford Lodge intersects the existing boundary, thence initially in a north-easterly direction along the said imaginary projection and the said south-eastern boundary and along the southern boundary of Elm Park Golf Course and along the northern boundary of Bellevue House to its junction with the north-eastern boundary of Bellevue House at its gate lodge, thence in a south-westerly direction along the last-mentioned boundary and along its imaginary projection (in a south-westerly direction) to the point at which it joins the existing boundary.

PART III

Parts of the County detached therefrom and added to the City by virtue of section 10 (2).

3. (1) The part of the County enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point where the existing boundary intersects the Dublin-Belfast railway line at Grange Road, thence in a northerly direction along the western boundary of the Dublin-Belfast railway line to the point at which the said western boundary intersects the Mayne River, then continuing in a westerly direction along the Mayne River and the northern channel of the Mayne River to the point at which the Mayne River intersects the eastern boundary of the Santry By-Pass Extension, then continuing in a south-westerly direction along the eastern boundary of the Santry By-Pass Extension to its intersection by Coolock Lane (Oscar Traynor Road), then continuing in a westerly direction along Coolock Lane (Oscar Traynor Road) to the point at which it joins the Swords Road, then continuing in a southerly direction along Swords Road to the point at which it joins Santry Avenue, then continuing in a westerly direction along Santry Avenue to the point at which it joins Ballymun Road, then continuing in a northerly direction along Ballymun Road to the point at which it joins St. Margaret's Road, then continuing, initially in a westerly direction along St. Margaret's Road to the point at which it joins Jamestown Road, and finally continuing in a southerly direction along Jamestown Road to its point of intersection with the existing boundary.

(2) The part of the County enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point where the existing boundary meets the eastern boundary of Kildonan Townland, thence along a straight line in a south-westerly direction to the point where the existing boundary meets the southern boundary of Kildonan Townland, then continuing in a westerly direction along the said southern boundary to the point where it meets the eastern boundary of Cappoge Townland, then continuing initially in a southern direction along the said eastern boundary to the point where it meets the northern boundary of St. Laurence's School for Young Offenders, then continuing initially in a westerly direction along the northern boundary and the western boundary of the school and the western boundary of Avila Park and the imaginary projection (in a southerly direction) of the western boundary of Avila Park to the point at which it joins Cappagh Road, and finally continuing in a south-easterly direction along Cappagh Road to its point of intersection with the existing boundary.

(3) The part of the County enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point where the existing boundary intersects the Tolka River at the south-eastern corner of Scribblestown Park, thence in a westerly direction along the Tolka River and the northern channel of the Tolka River to the point at which it intersects Dunsinea Road, then continuing, initially in a southerly direction along Dunsinea Road across the Royal Canal and the Dublin-Galway railway line at the level crossing immediately west of Ashtown station and along Ashtown Road to its junction with Navan Road on the western side of the roundabout opposite the public house known as “the Halfway House”, then continuing in a south-easterly direction along Navan Road to the point at which it joins Castleknock Road, then finally continuing in a south-westerly direction along Castleknock Road to its point of intersection with the existing boundary at the Ashtown Gate to the Phoenix Park.

(4) The part of the County enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point where the existing boundary intersects Ballyfermot Road, thence, initially in a westerly direction along Ballyfermot Road and Irishtown Road to the point at which the last-mentioned road joins Cloverhill Road, then continuing, initially in a southerly direction along Cloverhill Road to the point where it meets the northern boundary of Ballynamaggin Townland at Cloverhill Cottage, then continuing, initially in a south-easterly direction, along the northern boundary of Ballynamaggin Townland to the point where it meets the western boundary of Gallanstown Townland, then continuing, initially in a southerly direction, along the said western boundary to the point where it meets the northern boundary of the Grand Canal, and finally continuing in an easterly direction along the northern boundary of the Grand Canal to its point of intersection with the existing boundary.

(5) The part of the County enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point where the existing boundary intersects the roundabout at the junction of Ballymount Road Lower, Walkinstown Road Lower and Cromwellsfort Road, thence in an easterly direction along Cromwellsfort Road to its point of intersection with the existing boundary.

(6) The part of the County enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point where the existing boundary intersects the imaginary projection (in a westerly direction) of the boundary between the “Sports-ground” and “Richview Press” at Beechhill Road, thence, initially in an easterly direction, along the said imaginary projection and the boundary between the “Sportsground” and “Richview Press” to the point at which the eastern boundary of the “Sportsground” meets the western boundary of Beechhill Estate, and continuing initially in a south-easterly direction along the western and southern boundary of Beechhill Estate to the point where it joins the existing boundary.

SECOND SCHEDULE Provisions consequential on alteration of boundaries effected by section 10

Provisions consequential on alteration of boundaries effected by section 10

Section 10.

Preparation of maps.

1. (1) As soon as may be after the commencement of section 10 of this Act, the Commissioner of Valuation shall prepare in quadruplicate a map drawn to such convenient scale and in such convenient number of separate sheets as he shall think fit, showing the excluded areas and the added areas and the altered boundaries of the City and of the County and when such maps have been prepared by the said Commissioner he shall seal each such map and shall, as soon as may be thereafter, deposit them as follows, namely, one of them in the principal office of the said Commisioner, another in the offices of the Corporation, another in the offices of the County Council and another in the offices of the Minister.

(2) Every map deposited pursuant to paragraph (1) of this Article in the principal office of the Commissioner of Valuation or in the offices of the Corporation or the County Council, shall be retained in the office or offices in which it is so deposited, and each such map, or true copies thereof, shall be open for inspection free of charge at the office or offices in which it is so deposited by any person at any time at which such office or offices is or are open for the transaction of public business, and it shall be lawful for the said Commissioner, the Corporation or the County Council to prepare and supply to any person requesting the same a true copy of the map so deposited with him or them or any particular part thereof and to charge for such copy such sum as he, with the consent of the Minister for Finance, or they, may fix.

(3) It shall be the duty of the Commissioner of Valuation, the Corporation and the County Council, respectively, whenever required so to do by any Court of Justice, to prepare and produce to such Court a true copy of the map deposited with him or them under this Article or any specified part thereof and to verify such copy to such Court by the oath of one of his or their officers, and, upon any such copy being so produced and verified to such Court, such Court shall receive such copy in evidence and thereupon such copy shall, unless the contrary is shown, be sufficient evidence of the excluded areas, the added areas and the altered boundaries of the City and of the County (in so far as the same are shown on such copy), notwithstanding any discrepancy between such copy and the description contained in the First Schedule to this Act or any ambiguity or uncertainty in such description or in the application thereof.

Financial adjustments between Corporation and County Council.

2. (1) Subject to paragraph (5) of this Article, the Corporation and the County Council may, from time to time as occasion requires, make an equitable adjustment (hereafter in this Schedule referred to as an “agreed adjustment”) in regard to any matter or thing requiring to be adjusted between them in consequence of the alteration of the boundaries of the City and of the County effected by section 10 of this Act and not otherwise provided for by this Act and, without prejudice to the generality of the foregoing, may, in particular, make an agreed adjustment in regard to all or any of the following—

(a) any net loss of revenue, actual or prospective, which is or may be incurred by the Corporation or the County Council in consequence of an alteration of a boundary effected by section 10 of this Act,

(b) property, whether real or personal (including choses-in-action), vested in or belonging to or held in trust for the Corporation or the County Council and wholly or partly situate in or relating to the excluded areas or the added areas or any particular part thereof,

(c) debts (including mortgage debts), charges created by statute and other liabilities (including unliquidated amounts, unliquidated damages arising from torts or breaches of contract and accruing or prospective liabilities), due and unpaid, or incurred and undischarged, by the Corporation or by the County Council and relating wholly or in part to either the excluded areas (or any particular part thereof) or the added areas (or any particular part thereof).

(2) An agreed adjustment in relation to property may provide for the retention of such property by either the Corporation or the County Council or for the transfer of such property to either the Corporation or the County Council or for the joint user of such property by the Corporation or the County Council and may also provide for the payment of money, by a single payment or in two or more instalments, by or to the Corporation to or by the County Council on account of the retention, transfer, or joint user of such property.

(3) An agreed adjustment in relation to any debt or other liability may provide for the whole of such debt or liability being borne by the Corporation or for the whole of such debt or liability being borne by the County Council (except in the case of mortgage debts) for the apportionment of the liability for such debt or liability between the Corporation and the County Council and may also provide for the payment of money, by a single payment or in two or more instalments, to or by the Corporation by or to the County Council in respect of such debt or liability.

(4) Subject to paragraph (5) of this Article, whenever the Corporation and the County Council fail to agree upon an equitable adjustment of any matter or thing which, were they agreed, would be the subject of an agreed adjustment under this Article, the Minister shall, upon the request of either the Corporation or the County Council make an adjustment (hereafter in this Schedule referred to as a “compulsory adjustment”) of such matter or thing and may by such adjustment make any provision in relation to such matter or thing which could under this Article have been provided for by an agreed adjustment.

(5) In making an agreed adjustment or a compulsory adjustment regard shall be had to Article 12 of this Schedule.

(6) Every agreed adjustment and every compulsory adjustment shall have effect according to its terms and shall be final and conclusive and, accordingly, shall be enforceable by the Corporation or the County Council against the other of them.

Bye-laws etc., in the excluded areas and in the added areas.

3. (1) (a) Subject to subparagraph (b) of this paragraph, every bye-law, rule and regulation lawfully made and enforceable by the Corporation in the excluded areas or any part thereof, and which was in force immediately before the commencement of section 10 of this Act shall, in so far as it is not inconsistent with this Act, on and from the said commencement continue in force and have effect in the excluded areas or part thereof, as if it were a bye-law, rule or regulation, as may be appropriate, made by the County Council and which came into operation on the said commencement in respect of the area or so much of the area as is within the excluded areas for and in respect of which the same was originally made and accordingly every such bye-law, rule and regulation may be continued, amended, varied or revoked and any penalty and forfeiture arising thereunder on or after the said commencement in the excluded areas may be recovered or otherwise enforced by the County Council in the like manner and as fully as the same could have been continued, amended, varied, revoked, recovered or otherwise enforced by the Corporation had section 10 of this Act not been enacted.

(b) No bye-law, rule or regulation mentioned in subparagraph (a) of this paragraph in so far as it is continued in force by the said subparagraph (a), shall so continue in force after the expiration of the period of one year beginning on the commencement of section 10 of this Act unless, within that period, the County Council, by resolution, declares that the bye-law, rule or regulation shall, in so far as it is continued in force by the said subparagraph (a), continue in force after the expiration of that period.

(c) No bye-law, rule or regulation in force in the County immediately before the commencement of section 10 of this Act shall apply or be extended to the excluded areas by virtue only of the inclusion of such areas in the County by section 10 of this Act but the County Council may at any time, within the period of one year beginning on the commencement of section 10 of this Act, by resolution, extend or apply any such bye-law, rule or regulation to the excluded areas, or to any part thereof, and upon any extension or application being made under this subparagraph any bye-law, rule or regulation continued in force in the excluded areas or a part or parts of those areas by subparagraph (a) of this paragraph and which is inconsistent with the bye-law, rule or regulation to which the relevant resolution of the County Council relates shall cease to have effect in the excluded areas or, as may be appropriate, in such part or parts.

(2) (a) Subject to subparagraph (b) of this paragraph, every bye-law, rule and regulation lawfully made and enforceable by the County Council in the added areas or any part thereof, and which was in force immediately before the commencement of section 10 of this Act, shall, in so far as it is not inconsistent with this Act, on and from the said commencement continue in force and have effect in the added areas or part thereof, as if it were a bye-law, rule or regulation, as may be appropriate, made by the Corporation and which came into operation on the said commencement in respect of the area or so much of the area as is within the added areas for and in respect of which the same was originally made and accordingly every such bye-law, rule and regulation may be continued, amended, varied or revoked and any penalty and forfeiture arising thereunder on or after the said commencement in the added areas may be recovered or otherwise enforced by the Corporation in the like manner and as fully as the same could have been continued, amended, varied, revoked, recovered or otherwise enforced by the County Council had section 10 of this Act not been enacted.

(b) No bye-law, rule or regulation mentioned in subparagraph (a) of this paragraph, in so far as it is continued in force by the said subparagraph (a), shall so continue in force after the expiration of the period of one year beginning on the commencement of section 10 of this Act unless, within that period, the Corporation, by resolution, declares that the bye-law, rule or regulation shall, in so far as it is continued in force by the said subparagraph (a), continue in force after the expiration of that period.

(c) No bye-law, rule or regulation in force in the City immediately before the commencement of section 10 of this Act shall apply or be extended to the added areas by virtue only of the inclusion of such areas in the City by section 10 of this Act but the Corporation may at any time within the period of one year beginning on the commencement of section 10 of this Act, by resolution, extend or apply any such bye-law, rule or regulation to the added areas or to any part thereof, and upon any extension or application being made under this subparagraph any bye-law, rule or regulation continued in force in the added areas or in part or parts of those areas by subparagraph (a) of this paragraph and which is inconsistent with the bye-law, rule or regulation to which the relevant resolution of the County Council relates shall cease to have effect in the added areas or, as may be appropriate, in such part or parts.

Resolutions etc. relating to the excluded areas and to the added areas.

4. (1) (a) Every resolution passed, order made, and notice served by the Corporation before the commencement of section 10 of this Act in relation to the excluded areas or any part thereof or anything done or to be done therein and the operation, effect, or term of which had not ceased or expired before the said commencement, on and from the said commencement shall, in so far as it relates to the excluded areas or any part thereof or anything done or to be done therein and in so far as it is not inconsistent with this Act, continue in force and have effect as if it were a resolution passed, an order made, or a notice served by the County Council on the date on which the same was actually passed, made or served by the Corporation, and as if on the said date the excluded areas had been included in the County.

(b) (i) Any thing done, or treated by virtue of any enactment as having been done, by, to, or in relation to, the Corporation before the commencement of section 10 of this Act in relation to the excluded areas, in the exercise or performance of or by the Corporation of any of its powers, functions or duties, shall in so far as it is not inconsistent with this Act, be treated as having been done, by, to, or in relation to, the County Council.

(ii) Any reference to the Corporation in a document referred to in paragraph (3) of this Article shall, in so far as it is not inconsistent with this Act, be construed as a reference to the County Council.

(2) (a) Every resolution passed, order made, and notice served by the County Council before the commencement of section 10 of this Act in relation to the added areas or any part thereof anything done or to be done therein and the operation, effect or term of which had not ceased or expired before the said commencement, on and from the said commencement shall, in so far as it relates to the added areas or any part thereof or anything done or to be done therein and in so far as it is not inconsistent with this Act, continue in force and have effect as if it were a resolution passed, an order made, or a notice served by the Corporation on the date on which the same was actually passed made or served by the County Council and as if on the said date the added areas had been included in the City.

(b) (i) Any thing done or treated by virtue of any enactment as having been done, by, to, or in relation to the County Council before the commencement of section 10 of this Act in relation to the added areas, in the exercise or performance of or by the County Council of any of its powers, functions or duties, shall in so far as it is not inconsistent with this Act, be treated as having been done, by, to, or in relation to, the Corporation.

(ii) Any reference to the County Council in a document referred to in paragraph (3) of this Article shall, in so far as it is not inconsistent with this Act, be construed as a reference to the Corporation.

(3) In this Article “thing” includes the following—

(a) any written agreement or other instrument in writing or any determination or declaration made by or on behalf of, or to be treated as having been made by or on behalf of the Corporation or the County Council,

(b) any direction given, or to be treated as having been given, by or to the Corporation or by or to the County Council,

(c) any licence, permission, consent, approval, exemption or relaxation granted or given, or to be treated as having been granted or given, by or to the Corporation or by or to the County Council,

(d) any application, proposal or objection made, or to be treated as having been made, by or to the Corporation or by or to the County Council,

(e) any condition or requirement imposed, or to be treated as having been imposed, by or on the Corporation or by or on the County Council.

Provisions relating to registers of electors.

5. On and from the commencement of section 10 of this Act—

(a) so much of the register of electors as, immediately before such commencement, was in force for the City as regards the excluded areas shall be deemed to form part of the register of electors in force for the County and shall be shown separately in such manner as the Minister shall direct; and

(b) so much of the register of electors as immediately before such commencement, was in force for the County as regards the added areas shall be deemed to form part of the register of electors in force for the City and shall be shown separately in such manner as the Minister shall direct.

Provisions relating to polling districts and polling places.

6. (1) Where immediately before the commencement of section 10 of this Act, a polling district is situated partly within the excluded areas, the Secretary of Dublin County Council shall, with respect to the part of the polling district so situated, and the Dublin City Manager and Town Clerk shall, with respect to the part of such polling district then situated without the excluded areas—

(a) join it or parts of it to any adjoining polling district or districts, or

(b) constitute it as a polling district and appoint a polling place for it.

(2) Where immediately before the commencement of section 10 of this Act, a polling district is situated partly within the added areas, the Dublin City Manager and Town Clerk shall, with respect to the part of the polling district so situated, and the Secretary of Dublin County Council shall, with respect to the part of the polling district then situated without the added areas—

(a) join it or parts of it to any adjoining polling district or districts, or

(b) constitute it as a polling district and appoint a polling place for it.

(3) Any arrangement made pursuant to this Article shall have effect until, and only until, the scheme, next made after the commencement of section 10 of this Act, under section 22 of the Electoral Act, 1963, in relation to the City or the County, as the case may be, comes into operation.

(4) In this Article—

(a) a reference to the Dublin City Manager and Town Clerk includes a reference to a person duly appointed either as deputy for such manager or to act in the place of such manager during his absence or incapacity or during a vacancy in his office, and

(b) a reference to the Secretary of Dublin County Council includes a reference to a person duly appointed either as deputy for such secretary or to act in the place of such secretary.

Application and adaptation of local enactments.

7. (1) Every local Act in force immediately before the commencement of section 10 of this Act in, or in relation to, the City shall extend to the added areas and shall, on and from the said commencement, be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Act.

(2) Every local Act in force immediately before the commencement of section 10 of this Act in, or in relation to, the County shall extend to the excluded areas and shall, on and from the said commencement, be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Act.

Provisions relating to development plans.

8. (1) The development plan for the City as it existed immediately before the commencement of section 10 of this Act, in so far as, immediately before such commencement, it had effect as regards the excluded areas shall, on and after such commencement, continue to have such effect pending the making of a new development plan by the County Council or the making by the County Council, as regards those areas, of a variation of the development plan for the County.

(2) The development plan for the County as it existed immediately before the commencement of section 10 of this Act, in so far as, immediately before such commencement, it had effect as regards the added areas shall, on and after such commencement, continue to have such effect pending the making of a new development plan by the Corporation or the making by the Corporation, as regards those areas, of a variation of the development plan for the City.

(3) In this Article “development plan” means a development plan within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1983.

Employment Regulation Orders.

9. Nothing in this Act shall be construed as affecting any Employment Regulation Order made by the Labour Court under the provisions of the Industrial Relations Acts, 1946 to 1976.

Hours of Trading Orders.

10. Nothing in this Act shall be construed as affecting any order made by the Minister for Industry, Trade, Commerce and Tourism under the Shops (Hours of Trading) Act, 1938.

Limitation on rates.

11. (1) This Article applies to hereditaments in the excluded areas which were, or were liable to be, assessed with the municipal rate for the local financial year 1985.

(2) For the purpose of the assessment and levying of the county rate on a hereditament to which this Article applies, the following provisions shall apply in each of the ten local financial years next following 1985

(a) where the valuation of the hereditament is the same as or less than the standard valuation, the valuation shall be reduced to the proportion, specified in the Table to this Article for the particular year, of the valuation on which the county rate would otherwise fall to be assessed, and

(b) where the valuation of the hereditament is greater than the standard valuation, the amount of the valuation which is equal to the standard valuation shall be reduced to the proportion, specified in the Table to this Article for the particular year, of the valuation on which the county rate would otherwise fall to be assessed.

(3) In this Article—

“valuation” means, the valuation under the Valuation Acts;

“the standard valuation” means, in relation to a hereditament to which this Article applies, the valuation of such hereditament included in the revised valuation list received by the Corporation from the Commissioner of Valuation for the local financial year 1985.

TABLE

Limitations on County Rate

Limitations on County Rate

Ten years during which this Act is in force next following 1985

Ten years during which this Act is in force next following 1985

Proportion of Valuation (expressed in hundredths)

Proportion of Valuation (expressed in hundredths)

1986

1986

81

81

1987

1987

83

83

1988

1988

85

85

1989

1989

87

87

1990

1990

89

89

1991

1991

91

91

1992

1992

93

93

1993

1993

95

95

1994

1994

97

97

1995

1995

99

99

Rates and Charges.

12. (1) All rates and other charges which immediately before the commencement of section 10 of this Act were due and payable or were accruing due, in respect of the local financial year 1985, or any previous local financial year, to the Corporation or the County Council, whether in respect of a hereditament in the excluded areas or in the added areas or otherwise, shall, on and from such commencement, continue to be due and be payable and to accrue due as if section 10 of this Act had not been enacted and may be collected and recovered accordingly.

(2) If on the commencement of section 10 of this Act the municipal rate for 1985 has not been made by the Corporation or the county rate for 1985 has not been made by the County Council, the Corporation in making the municipal rate for 1985 shall make the rate in respect of hereditaments in the excluded areas and the County Council in making the county rate for 1985 shall make the rate in respect of hereditaments in the added areas and any rate so made may be collected and recovered by or on behalf of the Corporation or the County Council, as may be appropriate, as if section 10 of this Act had not been enacted.

THIRD SCHEDULE Boundaries of Established Electoral Counties

Boundaries of Established Electoral Counties

Section 12.

PART I

Interpretation

1. In this Schedule—

(a) a reference to the County or to the City shall be construed as a reference to the County or City as it exists immediately after commencement of section 10 of this Act and a reference to the boundary of the County or of the City shall be construed as a reference to such a boundary as it exists immediately after the commencement of the said section 10,

(b) a reference to an imaginary line drawn along any road, avenue, lane, court, park, river or tributary shall be construed as a reference to such a line drawn along the centre of such road, avenue, lane, court, park, river or tributary,

(c) a reference to the point at which any road, avenue, lane, court, park, river, tributary or imaginary projection intersects or joins any other road, avenue, lane, court, park, river, tributary or imaginary projection shall be construed as a reference to the point at which a line drawn along the centre of the one or, in the case of an imaginary projection, along the one, would be intersected or joined by a line drawn along the centre of the other or, in the case of an imaginary projection, along the other,

(d) a reference to the point at which any road, avenue, lane, court, park, river, tributary or imaginary projection intersects or joins a boundary shall be construed as a reference to the point at which a line drawn along the centre of such road, avenue, lane, court, park, river, tributary, or, in the case of an imaginary projection, along the projection, would intersect or join such boundary.

PART II

Boundaries

2. (1) Boundary of electoral County of Dublin — Fingal

That part of the County every place in which is north of an imaginary line drawn as follows

Commencing at the point where the River Liffey intersects the Kildare County boundary at Leixlip and thence, countinuing initially in a north-easterly direction, along the River Liffey to the point where it intersects the imaginary projection due South of the western boundary of the curtilage of No. 20 Weirview, Lucan; thence in a northerly direction along the said imaginary projection and the said boundary to its junction with the rear boundary of the said curtilage; thence in a north-easterly direction along the said rear boundary and the rear boundary of the curtilages of houses Nos. 19 to 1 Weirview to its junction with the eastern boundary of the curtilage of No. 1 Weirview; thence in a southerly direction along the said eastern boundary and its imaginary projection due South to the point where it intersects Lower Lucan Road; thence in a north-easterly direction along Lower Lucan Road to the point where it intersects the northern boundary of the townland of Laraghcon; thence in a south-easterly direction along the last-mentioned boundary to the point where it intersects the River Liffey; and finally continuing, initially in a north-easterly direction, along the River Liffey to the point where it intersects the boundary of the City.

(2) Boundary of electoral County of Dublin — Belgard

That part of the County which is contained in neither the electoral County of Dún Laoghaire-Rathdown nor the electoral County of Dublin— Fingal.

(3) Boundary of electoral County of Dún Laoghaire-Rathdown

That part of the County every place in which is east of an imaginary line drawn as follows

Commencing at the point where the boundary of the City intersects the imaginary north-easterly projection of the western boundary of the curtilage of the Church of Ireland Theological College and continuing thence in a south-westerly direction along the said imaginary projection, the said boundary of the said College and the imaginary south-westerly projection of that boundary to the point where it intersects Dodder Park Road; thence in a north-westerly direction along Dodder Park Road to the point where it intersects the imaginary northerly projection of the western boundary of the curtilage of No. 1 Woodside Drive; thence in a southerly direction along the last-mentioned imaginary projection and the last-mentioned boundary to its junction with an un-named tributary of the River Dodder; thence initially commencing in a south-westerly direction, along the said un-named tributary to the point where it intersects the western boundary of Castle Golf Course; thence, initially in a south-westerly direction, along the last-mentioned boundary and along its imaginary southerly projection to the point where it intersects Nutgrove Avenue; thence in a south-easterly direction along Nutgrove Avenue to the point where it intersects the imaginary north-easterly projection of the western boundary of the curtilage of No. 54 Nutgrove Avenue; thence in a south-westerly direction along the last-mentioned imaginary projection and the last-mentioned boundary to its junction with the northern boundary of the curtilage of Scoileanna Baintiarna Loreto Náisiúnta; thence in a north-westerly direction along the last-mentioned boundary to its junction with the western boundary of the last-mentioned curtilage; thence in a south-westerly direction along the last-mentioned boundary to the point where it joins the boundary of the City (as defined in the Schedule to the City of Dublin (Extension of Boundary) Provisional Order, 1953, as confirmed by the Local Government Provisional Order Confirmation Act, 1953, (No. 1 (Private) of 1953)); thence, initially in a south-easterly direction along the last-mentioned boundary to the point where it intersects the boundary between Nos. 77 and 79 Loreto Row; thence in an easterly direction along the last-mentioned boundary and its imaginary easterly projection to the point where it intersects the Little Dargle River; thence in a southerly direction along the Little Dargle River to the point where it intersects the imaginary easterly projection of the northern boundary of the curtilage of No. 103 Marley Avenue; thence in a westerly direction along the last-mentioned imaginary projection and the last-mentioned boundary to its junction with the rear boundary of the last-mentioned curtilage; thence; initially in a southerly direction along the said rear boundary and the rear boundary of the curtilage of houses on the western side of Marley Avenue to its junction with the southern boundary of the curtilage of No. 49 Marley Avenue; thence continuing in a southerly direction along an imaginary straight line drawn from the south-western corner of the curtilage of No. 49 Marley Avenue to the north-western corner of the curtilage of No. 47 Marley Avenue; thence continuing in a southerly direction along the rear boundary of the curtilage of houses on the western side of Marley Avenue to its junction with the southern boundary of the curtilage of No. 1 Marley Avenue; thence continuing in a southerly direction along an imaginary straight line drawn from the south-western corner of the curtilage of No. 1 Marley Avenue to the north-western corner of the curtilage of No. 15B Grange Court; thence continuing in a southerly direction along the rear boundary of the curtilage of houses on the western sided of Grange Court and its imaginary projection due South to the point where it intersects Grange Road; thence in a south-easterly direction along Grange Road to the point where it intersects the imaginary north-easterly projection of the western boundary of Marley Park; thence initially in a south-westerly direction, along the said imaginary projection and boundary to its junction with the eastern boundary of the Grange Golf Club; thence in a southerly direction along the boundary between the said golf club and Marley Park and its imaginary projection due South to the point where it intersects College Road; thence in a westerly direction along College Road to its junction with Tibradden Road; thence in a south-westerly direction along Tibradden Road to its western-most junction with Mutton Lane; thence in a westerly direction along Mutton Lane to the point where it intersects the boundary between the townlands of Cruagh and Tibradden; thence, initially in a southerly direction, along the last-mentioned boundary to its junction with the boundary between the townlands of Cruagh and Glendoo; and finally continuing, initially in a south-westerly direction, along the last-mentioned boundary to its junction with the boundary of County Wicklow.

FOURTH SCHEDULE Areas detached from the County Health District of Galways and added to the Borough of Galway by virtue of section 19 (1).

Areas detached from the County Health District of Galways and added to the Borough of Galway by virtue of section 19 (1).

Section 19.

PART I

Interpretation

In this Schedule a reference to a townland part of which was included in the Borough of Galway, as it existed immediately before the commencement of section 19 (1) of this Act, shall be construed as referring only to the part of such townland which, immediately before such commencement, was not so included.

PART II

Description of Area

The area forming part of the County Health District of Galway and comprising the townlands of Coolagh, Curragrean and Doughiska in the district electoral division of Ballintemple; the townland of Ballindooly in the district electoral division of Carrowbrowne; the townlands of Ballybaan Beg, Ballybaan More, Ballybrit, Castlegar, Coolagh, Glenanail, Menlough, Merlinpark, Murroogh, Parkmore, Rahylin Glebe, Roscam, Ballagh, Barnacranny, Bushypark, Dangan Lower, Letteragh and Rahoon in the district electoral division of Galway Rural; and the townlands of Ballyburke, Ballymoneen East, Ballymoneen West, Ballynahown East, Barna, Cappagh, Cloonagower, Clybaun, Keeraun, Kimmeenmore, Lenabower, Mincloon, Shanballyduff, Shangort, Acres, Derryloney, Gortnalecka, Knocknacarragh, Pollnarooma West and Rusheen in the district electoral division of Barna.

FIFTH SCHEDULE Rules relating to appointments by local authorities to certain committees and other bodies.

Rules relating to appointments by local authorities to certain committees and other bodies.

Section 27.

PART I

Rules for the Making of Appointments to Committees of Agriculture

1. The persons to whose appointments Rule 2 (2) of the Rules of 1931 applies shall be appointed before any other persons are appointed to membership of the committee concerned.

2. Where the requirements of Rule 1 of this Schedule have been complied with, such appointments (if any) as are then necessary to comply with the requirements of Rule 4 of the Rules of 1931 shall next be made and every such appointment shall be so made by majority vote.

3. Where the requirements of Rules 1 and 2 of this Schedule have been complied with, the appointments then falling to be made to comply with the requirements of the Rules of 1931 shall next be made and every such appointment shall, be so made in accordance with the Rules set out in Part II of this Schedule.

PART II

Rules for the making of Appointments to Committees and other Bodies mentioned in, or specified in an order under, section 27 (2).

4. Where one, and only one, person falls to be appointed by a local authority to a committee of agriculture, or to a committee or other body mentioned in, or specified in an order under, section 27 (2) of this Act, he shall be appointed by a majority of the votes of the members of the local authority present at the meeting of the authority at the time when the business of making the appointment is reached.

5. Where two or more persons fall to be appointed by a local authority to a committee of agriculture or to a committee or other body mentioned in, or specified in an order under, section 27 (2) of this Act, they shall be appointed in accordance with the following provisions

(a) any group of members of the local authority comprising the number of members necessary for the purposes of these Rules may nominate a person to be a member of the committee or other body and the person shall be so appointed on that nomination without any voting; and

(b) the members of the committee or other body then remaining to be appointed shall be appointed successively by a majority of the votes of the members of the local authority who are not members of any group referred to in paragraph (a).

6. (a) Subject to paragraph (b) of this Rule, the number of members of a local authority necessary to form a group for the purposes of these Rules shall be obtained by dividing the total number of such members present at the meeting of the authority when the business of making the relevant appointments to which this Schedule relates is reached by the number of the appointments to be so made, or, where the number so obtained is not a whole number, the whole number next above the number so obtained.

(b) No member of a local authority shall be a member of more than one group for the purposes of these Rules.

7. In this Schedule “the Rules of 1931” means the Rules contained in the Second Schedule to the Agriculture Act, 1931.