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Ireland

Local Authorities (Acceptance of Gifts) Act, 1945

In short

This law allows local authorities to accept, hold, and manage gifts of property specifically for projects that improve the local area or benefit its residents. It also sets out how these gifts should be handled.

What it regulates

  • The creation and management of schemes for accepting gifts for civic improvements.
  • The establishment of separate funds for these gifts, including how money is paid in, invested, and spent.
  • The process for local authorities to accept, hold, and administer gifts of property.
  • The publication of notices about these civic improvement schemes.

Who it concerns

  • Local authorities, including county or other borough corporations, county or urban district councils, town commissioners, vocational education committees, and committees of agriculture.
  • Individuals or entities who wish to offer gifts of property for civic improvements.

Key points

  • A "civic improvement" includes anything that improves the amenities of the local area or benefits its inhabitants.
  • Local authorities can adopt schemes for accepting gifts, which can be for general improvements, specific classes of improvements, or one particular improvement.
  • Each scheme must establish a separate "voluntary civic improvement fund" to control the gifted money and revenues.
  • The adoption of a civic improvement scheme is a "reserved function" for the local authority.
  • Local authorities must publish notice of an existing scheme at least once annually in three newspapers (at least one daily) circulating in their area.
Legal text
Legal text

Local Authorities (Acceptance of Gifts) Act, 1945 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

  1. ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1945 Local Authorities (Acceptance of Gifts) Act, 1945 Local Authorities (Acceptance of Gifts) Act, 1945 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 30 of 1945. LOCAL AUTHORITIES (ACCEPTANCE OF GIFTS) ACT, 1945. ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Civic improvement scheme. 3. Acceptance of gift of property for purposes of civic improvement scheme. 4. Publication of notice of civic improvement scheme. 5. Incorporation of towns commissioners for purposes of this Act. 6. Short title. Number 30 of 1945. LOCAL AUTHORITIES (ACCEPTANCE OF GIFTS) ACT, 1945. AN ACT TO AUTHORISE LOCAL AUTHORITIES TO ACCEPT, HOLD AND ADMINISTER GIFTS OF PROPERTY FOR CIVIC IMPROVEMENTS AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [4th August, 1945.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Definitions. 1.—In this Act— the expression “civic improvement” includes, anything which tends to improve the amenities of the functional area of the local authority concerned or is otherwise conducive to the welfare of the inhabitants or any class of the inhabitants of that functional area; the expression “civic improvement scheme” means a scheme under subsection

(1)of section 2 of this Act; the expression “local authority” means any body being either— (
  1. a)the corporation of a county or other borough, or (
  2. b)the council of a county or an urban district, or (
  3. c)the commissioners of a town, or (
  4. d)a, vocational education committee, or (
  5. e)a committee of agriculture; the expression “the Minister” means the Minister for Local Government and Public Health; the expression “reserved function” means— (
  6. a)in the case of the corporation of a county borough, a reserved function for the purposes of the enactments relating to the management of that county borough, (
  7. b)in the case of any other local authority, a reserved function for the purposes of the County Management Acts, 1940 and 1942; the expression “voluntary civic improvement fund” means a fund established under a civic improvement scheme. Civic improvement scheme. 2.—
(1)A local authority may, from time to time, adopt schemes for the acceptance, holding and administration of gifts of real or personal property for civic improvements and any such scheme may be in respect of civic improvements generally, a particular class or particular classes of civic improvements or one particular civic improvement.
(2)A civic improvement scheme shall, in particular provide for— (
  1. a)the establishment of a separate fund under the control of the local authority adopting the scheme and the payment into such fund of any moneys given for the purposes of the scheme and any revenues arising from property other than money so given, (
  2. b)the investment of moneys in such fund which are not for the time being required to be expended, (
  3. c)the expenditure of moneys in such fund and the procedure for and the restrictions (if any) on the making of payments therefrom.
(3)A civic improvement scheme may be varied by the local authority which adopted it if the High Court, on an application in which the Minister is named as respondent, sanctions the variation.
(4)The accounts of a voluntary civic improvement fund shall be part of the accounts of the local authority which adopted the scheme for the purposes of the enactments relating to the audit of the accounts of local authorities.
(5)The adoption of a civic improvement scheme shall be a reserved function. Acceptance of gift of property for purposes of civic improve ment scheme. 3.—Where a gift of real or personal property for any civic improvement is offered to a local authority they may— (
  1. a)in case they have adopted a civic improvement scheme and the gift is offered for the purposes of the scheme, accept, hold and administer the gift in accordance with the scheme, (
  2. b)in any other case, subject to the adoption of a civic improvement scheme, the purpose of which is or includes the acceptance, holding and administration of the gift, accept, hold and administer the gift in accordance with the scheme, and in either case may do all things incidental to or consequential on such acceptance, holding and administration. Publication of notice of civic improvement scheme. 4.—
(1)Where a local authority adopt a civic improvement scheme, they shall, as soon as may be after the adoption thereof and thereafter at least once annually, publish, in three newspapers (of which one at least is a daily newspaper) circulating in their functional area, notice of the existence of the scheme and of the fact that any person may make contributions to the voluntary civic improvement fund established thereunder.
(2)The expenses incurred under this section in relation to a civic improvement scheme shall— (
  1. a)if incurred by a vocational education committee or a committee of agriculture, be defrayed out of the voluntary civic improvement fund established thereunder, (
  2. b)if incurred by any other local authority, be defrayed either— (
  3. i)out of such voluntary civic improvement fund, or (
  4. ii)(I) in the case of the corporation of a county borough or the borough of Dún Laoghaire, out of the municipal fund, (II) in the case of the council of a county, by means of the poor rate as a charge on the county health district of that county, (III) in the case of the corporation of a borough (not being a county borough or the borough of Dún Laoghaire), by means of the borough rate, (IV) in the case of the council of an urban district or the commissioners of a town, by means of the town rate. Incorporation of towns commissioners for purposes of this Act. 5.—The commissioners of a town (if not already a body corporate) shall, for the purpose of accepting, holding and administering gifts of real or personal property for civic improvements and of suing and being sued in respect thereof, be a body corporate with perpetual succession and any instrument relating to such property shall be duly executed by such commissioners if executed in manner provided by section 59 of the Commissioners Clauses Act, 1847, with respect to conveyances by commissioners who are not a body corporate. Short title. 6.—This Act may be cited as the Local Authorities (Acceptance of Gifts) Act, 1945. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.