S.I. No. 705/2003 - Athlone Town Boundary Alteration (Supplementary) Order, 2003

1. This Order may be cited as the Athlone Town Boundary Alteration (Supplementary) Order, 2003.

Interpretation

2. (1) In this Order -

“boundary alteration” means the alteration of the boundary of Athlone Town effected by the primary order;

“County Council” means Westmeath County Council;

“primary order” means the Athlone Town Boundary Alteration Order 2003;

“relevant areas” shall be construed in accordance with article 3 of the primary order;

“Town Council” means Athlone Town Council.

(2) In this Order a reference to the relevant areas shall, where appropriate include a reference to any portion of such areas.

Commencement

3. This Order shall come into operation on 1 January, 2004.

General provisions relating to relevant areas

4. (1) (a) Any thing done, or treated by virtue of any enactment as having been done, by, to, or in relation to the County Council (including, in particular, every resolution passed, order made, and notice given or served) before the commencement of this Order, in the exercise or performance of or by the County Council of any of its powers functions or duties, shall, insofar as it relates to the relevant areas and is not inconsistent with this Order, be treated as having been done by, to, or in relation to the Town Council.

(b) Without prejudice to the generality of paragraph (a) of this subarticle “thing” as therein used shall include all matters encompassed by

section 34

(6) of the

Local Government Act, 1991

.

(2) Any outstanding rates, charges or other debts or liabilities due to the County Council before the commencement of this Order and unpaid and relating wholly or in part to the relevant areas shall, notwithstanding the boundary alteration, remain due and payable to the County Council and may be recovered accordingly.

(3) The boundary alteration shall not affect the continuance of legal proceedings commenced by or against the County Council before the commencement of this Order in relation to any right, duty, liability or other matter connected with, or related to, the relevant areas.

Adjustments between authorities

5. The County Council and the Town Council may by agreement make any adjustment necessary in consequence of the boundary alteration, including

(a) any adjustment in respect of property whether real or personal (including choses-in-action), vested in or belonging to or held in trust for either authority concerned and wholly or partly situate in or relating to the relevant areas, and such adjustment may provide for the transfer of any such property from one authority to the other or for the joint user of such property;

(b) any financial adjustment considered necessary in consequence of the provisions of article 4 (2) of this Order, or otherwise arising from or related to the boundary alteration.

Continuation in office of town councillors

6. Every person holding office on the commencement of this Order as a member of the Town Council shall be deemed to hold office for the town as altered by the primary order.

Cesser

7. The alteration of the boundary of the town of Athlone as effected for electoral purposes only by the Local Government (Boundaries) (Town Elections Regulations, 1994, (

S.I. No. 114 of 1994

) shall cease to have effect on and from the commencement of this Order.

Provisions in regard to polling districts and polling places

8. (1) Where on the commencement of this Order a polling district is situated partly within and partly without the relevant areas, the County Council shall with respect to each part of such polling district-

(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) Any arrangement made pursuant to this article shall have effect until (and only until) the first scheme under

section 28

of the

Electoral Act, 1992

as amended by

section 12

of the

Electoral (Amendment) Act, 2001

in relation to the county comes into operation after the commencement of this Order.

Provisions in regard to the register of electors

9. (1) As soon as may be after the commencement of this Order, the County Council shall, if appropriate, adapt the register of electors so as to correspond with any arrangements made pursuant to article 8 of this Order.

(2) In respect of a polling district or part of a polling district situated within the relevant areas, the County Council shall, as soon as may be after the commencement of this Order, enter the name of the electoral area of the Town of Athlone on any relevant title page of the register of electors.

Provision in regard to the development plan

10. That part of the County Development Plan made by the County Council in relation to the relevant areas shall, in so far as it had effect immediately before the commencement of this Order, continue on and from such commencement to have such effect pending the making of a new development plan by the Town Council, in accordance with the Planning and Development Acts 2000 to 2002 or the making by the Town Council of a variation of the current development plan as regards the relevant areas.

Limitation on certain rates

11. (1) This article applies to relevant property in the relevant areas which is, or was liable to be, assessed with the county rate for the local financial year 2003.

(2) For the purpose of the assessment and levying of a rate on a relevant property to which this article applies, the annual rate on valuation determined by the town council for each of the two local financial years next following 2003 shall be applied to the value of the relevant property reduced to the proportion specified in the Table to this article for the particular year.

(3) In this article—

“relevant property” and “value” have the meaning given by

section 3

of the

Valuation Act, 2001

(No. 13 of 2001).

“annual rate on valuation” means an annual rate on valuation determined pursuant to

section 103

(7) of the

Local Government Act, 2001

(No. 37 of 2001)

TABLE

Years in which limitation applies

Proportion of Value (expressed in hundredths)

2004

92

2005

96

Preparation of official maps, etc.

12. (1) As soon as may be after the commencement of this Order, the Chief Boundary Surveyor shall prepare four copies of the map attached to the primary order showing the relevant areas and the altered boundary of the town of Athlone and shall seal each of the maps and shall deposit one of the maps in the principal offices of the said Surveyor, another in the offices of the Town Council, another in the offices of the County Council and another in the offices of the Minister for the Environment, Heritage and Local Government.

(2) The said maps, once deposited in accordance with sub-article (1) of this article, shall be retained in the said offices and the maps, or true copies of them, shall be available for public inspection at the offices of the said Surveyor, Town Council and County Council during normal office hours and a copy of the map, or an extract from it, shall be made available to any person requesting same, for a charge not exceeding the reasonable cost of supplying such a copy.

(3) It shall be the duty of the said Surveyor and of the Town Council and of the County Council respectively, whenever required to do so by any Court of Justice, to prepare and produce to such Court a true copy of the map or any specified part of the map deposited under this article and to verify such copy to such Court by the oath of an officer of the said Surveyor Town Council or County Council (whose official position it shall not be necessary to prove) 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 be conclusive evidence of the relevant areas and of the altered boundary of the town of Athlone.

Given under the Official Seal of the Minister for the Environment, Heritage and Local Government this 18

th

day of December, 2003.

Martin Cullen

____________________________

Minister for the Environment, Heritage and Local Government

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal instrument)

This order should be read together with the Athlone Town Boundary Alteration Order 2003 (

S.I. No. 704 of 2003

), which extends the boundary of Athlone Town from 1 January, 2004.

The Minister for the Environment, Heritage and Local Government in exercise of the powers conferred on him by

sections 3

and

34

of the

Local Government Act, 1991

(No. 11 of 1991) hereby orders as follows:-

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