Local Government (Temporary Provisions) Act, 1923

Local Government (Temporary Provisions) Act, 1923 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.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.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1923 Local Government (Temporary Provisions) Act, 1923 Local Government (Temporary Provisions) Act, 1923 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 9. LOCAL GOVERNMENT (TEMPORARY PROVISIONS) ACT, 1923. ARRANGEMENT OF SECTIONS Section 1. Definition of “County Scheme”. 2. Operation of existing County Schemes. 3. County Council may prepare Scheme where no existing Scheme. 4. Confirmation of Schemes by Minister. 5. Power to alter County Schemes. 6. Duration of County Scheme. 7. County Schemes may abolish Boards, Committees, &c. 8. Alienation of lands and buildings by the Minister. 9. Provision for performance of vaccination duties. 10. Removal of restrictions on out-door relief. 11. Superannuation of officers whose offices are abolished. 12. Power to dissolve a Local Authority. 13. Amendment of sections 3 and 6 of 11 & 12 Geo. 5, c. 67. 14. Member of Local Authority may not be employed by that or another Local Authority. 15. Powers over persons employed by Local Authorities. 16. Power to Councils to provide money for instruction in the Irish Language. 17. Power to County Councils to grant exhibitions, &c. 18. Sums in Third Schedule to be repaid by Local Authorities. 19. Payments in Fourth Schedule declared valid. 20. Orders which may be made by the Minister. 21. Definitions. 22. Short Title and Duration. FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE Number 9. LOCAL GOVERNMENT (TEMPORARY PROVISIONS) ACT, 1923. AN ACT TO REMEDY THE MORE SERIOUS DEFECTS IN THE EXISTING LAW RELATING TO THE RELIEF OF THE POOR AND CERTAIN OTHER MATTERS OF LOCAL GOVERNMENT AND FOR THAT PURPOSE TO AMEND TEMPORARILY THE LAWS RELATING TO THE MATTERS AFORESAID. [28th March, 1923.] WHEREAS the existing laws relating to Local Government in Saorstát Eireann have long required amendment and alteration and in particular the existing law relating to the relief of the poor is wholly unsuited to the circumstances of Saorstát Eireann and causes unnecessary hardship to persons requiring relief thereunder while at the same time the cost of administering such relief is excessive: AND WHEREAS in the circumstances hereinbefore recited the relief of the poor under the existing law has in several counties become wholly unworkable and in order to meet the emergency so occasioned the Councils of those Counties have re-organised the administration of the relief of the poor in their respective Counties and have for some time past been administering such relief in accordance with Schemes prepared by such Councils with the approval of the Minister for Local Government, the principal provisions of which Schemes are:— (a) the abolition of the existing system under which the poor were relieved in workhouses established in each Poor Law Union; (b) the centralization of the administration under one authority in each county; (c) the establishment in each county of central institutions in which the poor of the county can be relieved; (d) enabling all poor persons requiring relief to be relieved either in or out of the central institution as may be thought advisable: AND WHEREAS until a comprehensive reorganization of the whole law of Local Government in Saorstát Eireann can be prepared and submitted to the Oireachtas it is necessary that temporary provision should be made to remedy the more serious defects in the law and in particular that legal authority should be given to the said Schemes of poor relief which have been put into operation by several County Councils as aforesaid, that power should be given to other County Councils to formulate similar schemes, that certain emergency powers should be given to Local Authorities, and that authority should be given temporarily to the Minister for Local Government to deal with Local Authorities which are forgetful of their duties and responsibilities: BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— Definition of “County Scheme”. 1.—In this Act:— the expression “County Scheme” means a scheme prepared under or in accordance with this Act by the Council of a County for the administration of the relief of the poor in that County: the expression “existing scheme” means one of the schemes for the administration of the relief of the poor in a County set out in the First Schedule to this Act: the expression “existing County Scheme” means so much of an existing scheme as relates to the relief of the poor and does not contravene any of the provisions of this Act. Operation of existing County Schemes. 2.—(1) From and after the passing of this Act the relief of the poor in a County to which an existing County Scheme relates shall be administered under and in accordance with such existing County Scheme and the law relating to the relief of the poor in that County shall be deemed to be and is hereby altered or modified in such manner and to such extent as is necessary to give full force and effect to such existing County Scheme. (2) The existing County Scheme relating to a County named in the First Column of the Second Schedule to this Act shall be deemed to have come into operation on the date specified in the Second Column of the said Second Schedule opposite the name of such County and the several amendments (if any) made in such existing County Scheme shall be deemed to have come into operation on the respective dates specified in the Third Column of the said Second Schedule opposite the name of such County. (3) From and after the date on which any existing County Scheme or any amendment to any such Scheme is by this section deemed to have come into operation the law relating to the relief of the poor in the County to which such Scheme relates shall be deemed to have been altered or modified in such manner and to such extent as may have been necessary to give full force and effect to such Scheme or amendment as the case may be. (4) Every act, matter and thing which was done or omitted to be done under or in pursuance of an existing County Scheme in relation to the relief of the poor in the County to which such Scheme relates at any time after such Scheme had come into operation and before the passing of this Act shall be deemed to have been validly done or omitted to be done (as the case may require) under the law as modified or altered pursuant to the foregoing sub-section. (5) Any provision contained in any existing Scheme which deals with any matter other than the relief of the poor or which contravenes any provision of this Act shall be and shall be deemed to have always been void and of no effect: Provided always that for the purposes of this Act a County Infirmary shall be deemed to be an institution for the relief of the poor. (6) Nothing in this section shall operate to make illegal any act done before the passing of this Act which would have been legal if this Act had not been passed. County Council may prepare Scheme where no existing Scheme. 3.—(1) The Council of any County in Saorstát Eireann to which no existing County Scheme relates may prepare a scheme in accordance with the provisions of this Act for the relief of the poor in that County, and may submit such scheme when prepared to the Minister. (2) Subject to the consent of the Minister the Council of any County Borough and the Council of any County adjoining such County Borough in lieu of preparing separate schemes under this section may prepare a joint scheme for the relief of the poor in such County Borough and County and submit such joint scheme to the Minister and for the purposes of this Act every such joint scheme when duly confirmed by the Minister under this Act shall be a County Scheme and such County Borough and County shall together be one County. Confirmation of Schemes by Minister. 4.—(1) The Minister shall either:— (a) confirm without alteration, or (b) confirm with such modifications, omissions and additions as he shall deem necessary, or (c) wholly reject every scheme submitted to him under this Act. (2) At least one month before confirming (either with or without modification) any scheme submitted to him under this Act the Minister shall publish in two newspapers circulating in the County to which such scheme relates, notice of his intention to confirm such scheme, and whether such confirmation is intended to be with or without modification, and shall at the same time send to the Secretary of the Council of such County and the Clerk of every Rural or Urban District Council in such County a copy of such scheme, with all the modifications (if any) intended to be made therein by the Minister, and such Secretary and Clerks shall respectively at all reasonable times during such month permit such copy to be inspected and copied by any person at the office of the County or Rural or Urban District Council, as the case may be. (3) Every scheme submitted to the Minister under this Act which shall be confirmed (whether with or without alteration) by the Minister shall come into operation on the day on which the same is so confirmed and shall be a County Scheme within the meaning of this Act and from and after that date the relief of the poor in the County to which such scheme relates shall be administered under and in accordance with such scheme, and the law relating to the relief of the poor in such County shall be deemed to be altered or modified so as to give full force and effect to such scheme. (4) Every scheme confirmed by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is confirmed, and if a resolution is passed by each House of the Oireachtas within the next subsequent twenty-one days on which either House has sat annulling such scheme, such scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done under such scheme. Power to alter County Schemes. 5.—(1) The Minister, by order made under this section, may from time to time amend or modify any County Scheme after it has come into operation in any way he may deem necessary and every such amendment or modification shall come into operation as from such date as the Minister shall by such order direct. (2) Before making any amendment or modification in any County Scheme under this section the Minister shall give to the Council of the County to which such scheme relates one month's previous notice of his intention to make such amendment or modification and shall take into consideration any representation which may be made by such Council within such month in respect of such amendment or modification but it shall not be obligatory on the Minister to act on or comply with any such representation. (3) Every Order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution is passed by each House of the Oireachtas within the next subsequent twenty-one days on which either House has sat annulling such order, such Order shall be annulled accordingly but without prejudice to the validity of anything previously done under such Order. (4) This section applies as well to existing County Schemes as to County Schemes submitted and confirmed under this Act. Duration of County Scheme. 6.—Every County Scheme shall continue in operation until the 31st day of March, 1924, and shall then expire. County Schemes may abolish Boards, Committees, &c. 7.—(1) A County Scheme may provide for the abolition of any Board of Guardians, County Hospital Committee, County Infirmary Committee or any other body existing in the County to which the County Scheme relates and exercising functions connected with the relief of the poor in that County, and for the transfer to the Council of the County to which the Scheme relates, or to a Committee to be established by that Council, either alone or jointly with the Councils of the Rural and Urban Districts comprised within the County, of all the powers and duties in relation to the relief of the poor of the body or bodies abolished by the Scheme, provided that where the functional area of any such Board, Committee, or other Body extended outside the County to which the County Scheme relates, such Board, Committee, or other body shall only be abolished under this section in so far as it exercised functions within that County. (2) When any such Board, Committee or other body as is mentioned in the foregoing sub-section is abolished under a County Scheme then and in every such case on and after the date on which such County Scheme shall come or is deemed to have come into operation:— (a) all the property of such Board, Committee or other body shall pass to and vest in and be held in trust for the Council of the County to which such County Scheme relates subject to all debts and liabilities affecting such property and shall be held by the said Council for the same estate, interest and purposes and subject to the same covenants, conditions and restrictions for and subject to which such property should be held by law under such County Scheme or otherwise, (b) all debts and liabilities of such Board, Committee or other body shall become and be debts and liabilities of the said County Council and subject to the provisions of this Act and of the said County Scheme shall be defrayed by such Council out of the like property and funds as such debts and liabilities would have been defrayed out of if this Act had not passed: Provided that where the functional area of any such Board, Committee, or other body extended outside the County to which the County Scheme relates, so much only as the Minister shall appoint of the property, debts, and liabilities of such Board, Committee or other body shall pass to or be defrayed by the Council of that County under this sub-section. (3) Whenever any lands or buildings are transferred to or acquired by the Council of any County under this section the said Council shall have full power subject to the provisions of the County Scheme to manage, alter and enlarge and with (but not without) the consent of the Minister to sell, lease or otherwise alienate all or any such lands or buildings and the Minister may impose such conditions as he shall think fit to the granting of his consent to any such sale, lease or alienation including conditions relating to the application of the proceeds of such sale, lease or alienation. Alienation of lands and buildings by the Minister. 8.—The Minister may sell, lease or otherwise alienate all or any lands or buildings which are or shall at any time be vested in him in trust for any body abolished by any County Scheme, and the proceeds of every such sale, lease or alienation shall be held by the Minister in trust for any purpose for which such land or buildings could have been used or applied by law under the said County Scheme or otherwise. Provision for performance of vaccination duties. 9.—When the Board of Guardians of any Union is abolished by any County Scheme the powers and duties of such Board of Guardians under the Vaccination (Ireland) Acts in any County Borough or Urban or Rural District forming part of such Union shall be transferred to the Council of such County Borough or Urban or Rural District. Removal of restrictions on out-door relief. 10.—Any person in a County to which a County Scheme relates who is eligible for relief may, subject to any regulations made by the Minister in that behalf, be granted outdoor relief, notwithstanding anything in any enactment limiting the granting thereof to certain classes of persons, and this provision shall be deemed to have had effect in any such County from and after the date on which such County Schemes came into operation. Superannuation of officers whose offices are abolished. 11.—(1) Every officer of a Local Authority whose office is abolished under or in pursuance of any County Scheme shall, notwithstanding anything contained in such County Scheme, but subject to the provisions of this section, have the same rights in relation to superannuation as if he had been removed from his office for a cause other than misconduct or incapacity prior to the passing of this Act, and any provision in any County Scheme purporting to increase or diminish such rights shall be void and of no effect: Provided that where any such officer is, within three months after the abolition of his office, appointed to a pensionable office under such County Scheme, the salary and emoluments of which are not less than the salary and emoluments of his previous office, he shall not be entitled to the rights in relation to superannuation given by this sub-section, but he shall, for pension purposes, be entitled to add his period of service with the local authority to his subsequent service under the County Scheme or otherwise. (2) Where any Board of Guardians has been abolished under or in pursuance of any County Scheme, and any person held before such abolition the joint office of Clerk to such Board of Guardians and Clerk to a Rural District Council, or the joint office of Relieving Officer of a Board of Guardians and Sanitary Sub-Officer of a Rural District Council, and such joint office was immediately before such abolition pensionable, the office of Clerk to such Rural District Council or the office of Sanitary Sub-officer of such Rural District Council (as the case may be) shall, so long as such person continues to hold the same, be deemed to be pensionable notwithstanding the fact that such person does not devote the whole of his time to the service of such Council: Provided that any official of a Board of Guardians, who is also an official of a Rural District Council, shall be entitled, on the determination of his office under Board of Guardians to retire, as official under Rural District Council, on the same terms as if his office had been abolished. (3) Where the Board of Guardians of any Union extending into two or more counties is abolished by a County Scheme or Schemes, the pensions of the pensionable officers of such Union shall be paid by the Council of the County in which the Workhouse belonged to such Union was situate, and the Council of that County shall be entitled to recover from the Council of any other county into which such Union extended the contribution payable by such Council towards such pension. (4) Whenever before the passing of this Act an allowance has been granted under Section 8 of the Local Government (Ireland) Act, 1919, to an officer in respect of his removal from office under or in pursuance of any County Scheme, the Council of the County to which the liability to pay such allowance to such officer has under this Act been transferred, may, if they so think fit within a period of three months from the passing of this Act, notify such officer and the Minister of their desire to dispute the right of such officer to such allowance or the amount of such allowance, and thereupon a case of dispute within the meaning of the said Section 8 shall be deemed to have arisen, and the right to and amount of such allowance shall be determined by the Minister in accordance with the provisions of the Local Government (Ireland) Act, 1919. Notwithstanding a determination by the Minister under this sub-section disallowing the right of any such officer to such allowance or altering the amount of such allowance, such officer shall be entitled to receive and be paid the allowance up to the date of such determination at the rate at which same was granted under the said Section 8. (5) From and after the passing of this Act no allowance, the amount of which exceeds the amount of an allowance calculated according to the scale provided by the Superannuation Acts, 1834 to 1892, and the rules thereunder shall be granted by a Local Authority to an officer under the provisions of Section 8 of the Local Government (Ireland) Act, 1919, without the consent of the Minister. (6) Where any officer of a Local Authority who holds a pensionable office: (a) is, or has been removed from his office by or in pursuance of any County Scheme; or (b) after the passing of this Act, is removed from his office for a cause other than misconduct or incapacity; or (c) after the passing of this Act resigns his office with the sanction of the Minister— and was at the time of his appointment to such pensionable office employed by the Local Authority in a temporary capacity, the temporary service of such officer shall, to such extent, if any, as the Minister may direct, be reckoned as service in a pensionable office for the purpose of any enactment relating to the superannuation of officers of a Local Authority. Power to dissolve a Local Authority. 12.—(1) The Minister may at any time if he thinks fit, order a Local Inquiry into the performance of its duties by any Local Authority, and Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply to every such Local Inquiry. (2) If and whenever (a) the Minister is satisfied, after the holding of such a Local Inquiry as is mentioned in the foregoing sub-section, that the duties of a Local Authority are not being duly and effectually discharged by such Local Authority, or (b) a Local Authority wilfully neglects to comply with any lawful order, direction or regulation of the Minister, or (c) a Local Authority fails to comply with any judgment, order or decree of any Court in Saorstát Eireann, the Minister may, by Order dissolve such Local Authority, and either order (under the power hereinafter conferred on him) a new election of members of such Local Authority or transfer the property and the several powers and duties of such Local Authority to any body or persons or person he shall think fit. (3) Whenever the Minister makes an Order under the foregoing sub-section dissolving a Local Authority he may appoint such and so many persons as he shall think fit to perform the duties of such Local Authority and may from time to time remove all or any such persons and appoint others in their place and may fix the tenure of office, duties and remuneration of all such persons. (4) The remuneration of all persons appointed under the foregoing sub-section shall be paid out of the revenue of such Local Authority as part of its expenses. (5) At any time after a Local Authority has been dissolved under this section the Minister may by Order cause a new election of members of such Local Authority to be held, and upon the completion of such new election all the property, powers and duties of the dissolved Local Authority shall vest in the body so elected notwithstanding that the same may have been transferred by the Minister under this section to any other body, persons or person. (6) The Minister may from time to time by Order do all such things and make all such regulations as in his opinion shall be necessary for giving full effect to any Order made by him under this section. Amendment of sections 3 and 6 of 11 & 12 Geo. 5, c. 67. 13.—Sub-section 3 of Section 3 (which authorises borrowing on short term loans by Local Authorities) and Section 6 (which relaxes the limit of borrowing powers of Local Authorities in certain cases) of the Local Authorities (Financial Provisions) Act, 1921 (11 & 12 Geo. V., ch. 67) shall be amended by the substitution of the words “thirty-first day of March, Nineteen Hundred and Twenty-four” for the words “first day of April, Nineteen Hundred and Twenty-three” wherever those words occur. Member of Local Authority may not be employed by that or another Local Authority. 14.—(1) No person shall hold any office of profit under or be employed for remuneration by or under any Local Authority from and after the holding of the election or appointment of members to such Local Authority next held after the passing of this Act while he is or within six months after he has ceased to be a member of such Local Authority, or of any other Local Authority whose functional area is, or is situate in, the same County as that of or within which is situate the functional area of such Local Authority or save with reference to and sanction of the Minister in any County adjoining to that County. (2) Any member of a Local Authority whose membership is terminated by his resignation or otherwise, at or before the next election or appointment of members to such Local Authority after the passing of this Act shall, for the purposes of this section, be deemed to have ceased to be a member of such Local Authority on a date six months prior to the date of such election. Powers over persons employed by Local Authorities. 15.—(1) The Minister shall have with respect to all persons now employed or hereafter to be employed by any Local Authority in any office or employment to which this section applies and with respect to the accounts of such persons all the same powers as he now has by law with respect to officers of Boards of Guardians of Poor Law Unions and the accounts of such officers respectively. (2) This Section shall apply to such offices and employments as the Minister shall from time to time by Order prescribe. Power to Councils to provide money for instruction in the Irish Language. 16.—(1) The Council of any County or Urban District, in addition to any existing power, may, in the local financial year ending on the 31st day of March, 1924, raise in the manner provided by Section 19 of the Agriculture and Technical Instruction (Ireland) Act, 1899, a sum equal to a rate of one penny in the pound on the rateable value mentioned in that Section. (2) All moneys raised under this section shall be applied for the purpose of providing instruction in the Irish language in the county or urban district. (3) Save as otherwise provided by this section, all the provisions of the said Act shall apply to all moneys raised under this section. (4) Any moneys raised and expended by the Council of any County or Urban District for the purpose of providing instruction in the Irish Language in the county or urban district, prior to the passing of this Act, shall be deemed to have been lawfully raised and expended. Power to County Councils to grant exhibitions, &c. 17.—(1) The Council of any County or County Borough may assist by means of exhibitions, scholarships, bursaries, payment of fees or otherwise, any students or intending students at any approved school in Saorstát Eireann who are ordinarily resident in such County or Borough and who satisfy the Council that they are qualified to profit by instruction in such school and are in need of assistance, and who also satisfy such tests of ability as shall be prescribed in pursuance of this section. (2) An approved school shall be such school, either extern or residential, for the giving of secondary education or the giving of instruction or training in agriculture, forestry, trade, commerce, domestic economy, teaching, or any other subject of a vocational character as may be approved of by order of the Minister for Education. (3) The tests of ability to be satisfied by students under this section shall be prescribed in a scheme to be formulated for the purposes of this section by the Council of the County or County Borough in accordance with rules to be made by the Minister for Education, and no such scheme shall have any effect unless and until approved by the Minister for Education. (4) Any expenses incurred by the Council of a County or County Borough under this section shall be paid, in the case of the Council of a County as a county at large charge, and in the case of the Council of a County Borough as expenses of the Council of the Borough in the execution of the Public Health (Ireland) Acts, 1878 to 1919, but the amount raised by such Council in any year for the purpose of this section shall not exceed the amount which would be produced by a rate of 1d. in the pound or such higher rate as the Council, with the consent of the Minister, may fix. (5) Any moneys raised and expended by the Council of any County or Urban District for the purposes specified in this section prior to the passing of this Act shall be deemed to have been lawfully expended. Sums in Third Schedule to be repaid by Local Authorities. 18.—(1) The several sums of money specified in the first column of the Third Schedule to this Act which were advanced to the respective Local Authorities on the respective dates specified in the second and third column respectively of the said Third Schedule opposite to such sums respectively are hereby declared to be repayable on or before the respective dates specified in the fourth column of the said Third Schedule opposite such sums into the Exchequer of Saorstát Eireann by the respective Local Authorities to whom the said sums were respectively advanced as aforesaid. (2) The repayment of the several sums aforesaid pursuant to the foregoing sub-section shall for all purposes (including the auditing of the accounts of the Local Authority) be legal and valid payments. Payments in Fourth Schedule declared valid. 19.—The payment of the several sums of money specified in the first column of the Fourth Schedule to this Act by the respective Local Authorities on the respective dates and to the respective persons specified respectively in the second, third and fourth columns of the said Fourth Schedule, are hereby declared to be and always to have been for all purposes (including the auditing of the accounts of the Local Authority) valid and legal payments. Orders which may be made by the Minister. 20.—The Minister may by Order do any of the matters following, that is to say:— (1) apply to any public body established under or in pursuance of this Act or any County Scheme any existing enactment relating to County or District Councils or Boards of Guardians with such modifications as he shall deem necessary; (2) make such adaptations of any existing enactment relating to any matter dealt with or affected by this Act as appear to him necessary or expedient for carrying into effect this Act or the County Schemes made thereunder; (3) make rules for carrying this Act or the County Schemes made thereunder into effect and in particular for regulating— (i.) the estimating and raising of the expenses of administering a County Scheme; (ii.) the accounts, audit and annual estimates of any public body established by a County Scheme; (iii.) the transfer of the property and liabilities of any public body abolished under this Act; (iv.) any adjustment of rights, duties and liabilities required for the purposes of this Act; (v.) generally for carrying this Act into effect. (4) Every Order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by each House of the Oireachtas within the next subsequent twenty-one days on which either House has sat annulling such Order, such Order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such Order. Definitions. 21.—In this Act, unless the context otherwise requires:— The expression “Local Authority” includes a county council county borough council, urban district council, rural district council, board of guardians, the town commissioners of any town, and any other public body which may be established by any County Scheme to perform any of the functions of the above-named bodies, and any committee or joint committee of any of the said authorities. The word “Minister” means— (i) as respects any act, matter or thing done or not done before the passing of this Act, any one of the persons following, that is to say:— (a) the Minister for Local Government; (b) the Minister for Local Government of the late Provisional Government of Ireland; (c) the person who before the establishment of the Provisional Government aforesaid was for the time being exercising the functions of the Minister for Local Government under the authority of Dáil Eireann. and (ii) as respects any act, matter or thing to be done after the passing of this Act, the Minister for Local Government. The word “County” includes County Borough, and the expression “County Council” includes County Borough Council. The word “enactment” includes orders, rules and regulations and local acts as well as public and general acts. The expression “existing enactments” means enactments in force in Saorstát Eireann at the date of the passing of this Act. Short Title and Duration. 22.—(1) This Act may be cited as the Local Government (Temporary Provisions) Act, 1923 (2) This Act shall continue in force up to the 31st day of March, 1924, and shall then expire. FIRST SCHEDULE. CAVAN COUNTY SCHEME. 1. That on a date to be fixed by the Committee of Management described below, the Workhouses at Bawnboy and Bailieborough be closed, and their inmates and those in Granard and Trim Workhouses chargeable on the County of Cavan be transferred to Cavan Workhouse, which shall form a Central Institution for the whole county, and shall be called the County Cavan Home. 2. That the management of the present Cavan Workhouse be transferred from the Cavan Board of Guardians to a Committee of Management consisting of 25 members, 15 of whom shall be appointed by the County Council, one by each Urban District Council, two by Cavan Rural District Council, and one by each of the other Rural District Councils within the county, and that casual vacancies in any representation be filled by the original body making the appointment. That the appointment of the first Committee be made after this Scheme of Amalgamation has been adopted and duly sanctioned by the Local Government Department of Dáil Eireann. That five form a quorum for meetings of such Committee of Management. Regulations made by the Committee of Management of the County Home are to be subject to the sanction of the County Council and of the Local Government Department of Dáil Eireann. 3. That the present Boards of Guardians cease to function from the date of the adoption of this Scheme by the County Council, with the Sealed Approval of Dáil Eireann and all matters connected with outdoor relief, medical charities, etc., be administered by a Sub-Committee consisting of representatives from the Rural District Council, Urban District Council, and County Council. These Sub-Committees shall be under the direct control of the Committee of Management and shall, as regards their functions and powers, be in a similar position relative to the Committee of Management as shall be the Committee of Management to the County Council. That the Committee and Sub-Committee hold office in each case for the term of the appointing body. 4. That each Rural and Urban District shall contribute towards the expenses of the County Home on a capitation basis. 5. That the County Council supply the Committee of Management with the necessary funds for the administration of the County Cavan Home on an annual estimate and demand made by the Committee of Management on the County Council, the procedure provided by Article 45 of the Union Accounts Order, 1905, to be adopted for this purpose. That for the present financial year the County Council, on a demand from the Committee of Management, advance from time to time as may be required such sums of money as will be sufficient to meet the requirements of the new Home, and that, if necessary, the County Council obtain from An Dáil a loan to enable these advances to be made. That the Accounts of the Committee of Management be audited half-yearly by an Auditor appointed by An Dáil, and the existing enactments and regulations as to audit be adopted accordingly. 6. That a Stocktaker be appointed as soon as possible to value the articles taken from the various Unions to furnish the County Cavan Home, and that each Union be credited with the value of such stock taken. That the fee of such Stocktaker be paid by the Committee of Management of the Home. 7. That the Committee of Management immediately undertake an investigation into the question of out-door relief as at present dispensed in each Union with a view to devising a more economic and more efficient system, and to ensure that persons so assisted are entitled thereto. 8. That the appointments of officials for the County Home be made by the Committee of Management, subject to the approval of the Local Government Department of Dáil Eireann, provided that, in the case of the appointment of an official who is entitled to or is receiving a superannuation allowance or gratuity under the Scheme, such official must, as a condition of appointment, waive all claim to superannuation; or if a gratuity has been given, must refund to the County Council the amount of such gratuity. 9. That all officers entitled to superannuation, and whose offices will be abolished under the Amalgamated Scheme, be superannuated. That each officer whose service is over ten years be granted a superannuation at the rate of one-sixtieth of his or her present salary and emoluments for each year's service. For the purpose of this Article the length of service is to be taken as the actual number of years such officer has served with the addition of 25 per cent. of such actual service—provided that in no case shall the superannuation exceed two-thirds of the present salary and emoluments of such officer. This addition of 25 per cent. to the number of years service is granted as compensation for the abolition of office, and the officials whose Offices are abolished are to have no further claim for loss of Office beyond what is provided for in this Article. On this Scheme being sanctioned the Boards of Guardians shall give the necessary notice of abolition of office to each official concerned, and should pass a resolution granting to such officials a superannuation or a gratuity as the case may be, on the basis laid down by this Article. In the case of an Officer entitled to a gratuity whose actual service is 10 years or less and whose office is to be abolished under the Amalgamation Scheme, the scale of gratuity as laid down in the seventh Schedule of the Local Government Ireland Act, 1898, to be applicable, and reckoned on the salary and emoluments of such officer on the date of abolition of his office. The payment of the gratuities shall, at the discretion of the County Council, be extended over a period not exceeding five years, payable quarterly. Officers who are thus compensated shall have no further claim for loss of office. 10. That as soon as practicable all idiots, imbeciles and epileptics at present in the different workhouses of the county, shall, by arrangement between the Committee of Management and the Joint Committee of Monaghan Lunatic Asylum, be transferred to the Monaghan Asylum or the Auxiliary at Cootehill. 11. That Dispensary Doctors and District Maternity Nurses continue to discharge their duties in their respective Dispensary Districts which shall remain unaltered. 12. That all applications for Outdoor Relief be vouched by a member of the Sub-Committee. 13. That the Committee of Management shall as soon as the Scheme has received the sanction of the County Council and the Local Government Department of Dáil Eireann, make, with as little delay as possible, the necessary arrangements for transferring the inmates in Bawnboy, Bailie-borough, Granard and Trim Workhouses, in accordance with the Scheme, to the County Home. 14. That the two motor ambulances be kept at the County Home. That the working out of the further details of the scheme be left in the hands of the Committee of Management. Amendment of Scheme in force from 25th March, 1922:— “That the Cavan County Infirmary be included in sphere of operations of the County Home Committee, and that the Union Amalgamation Scheme be amended accordingly.” CLARE COUNTY SCHEME. PUBLIC HEALTH ADMINISTRATION. It is decided (1) That the County of Clare be a unit for purposes of Public Health administration and that Limerick No. 2 (to be known in future as Meelick Rural District) be incorporated with the County. (2) That all Public Health services in the County be co-ordinated under one Authority, namely, the County Board of Health, whose decisions shall be subject to review and sanction of the County Council, and which on behalf of the County Council will exercise general supervision and control of (a) Public Health Institutions. (b) The County Medical Staff. (c) The County Nursing Staff. (d) Public Health Inspectors. (e) Home Assistance. (3) That the County Board of Health consisting of 30 members be composed as follows:— 10 County Councillors appointed by the County Council. 9 Chairmen of Rural District Councils. 2 Chairmen of Urban District Councils. 4 Persons nominated by the County Council. 3 Representatives of the County Insurance Committee. 2 Representatives of the County Medical Association. (4) That all Public Health Powers hitherto vested in the Board of Guardians be transferred to the County Board of Health, and that the County Board of Health carry out its functions (according to the nature of the function) through (a) Sub-Committees of its members (supplemented by non-members when needed). (b) The local elected bodies (Rural and Urban Councils). (c) Representatives of a group of local elected bodies. PUBLIC HEALTH INSTITUTIONS. (7) The Mental Hospital. (No change). (8) The County Central Home. (Ennis Workhouse to be used for this purpose—the body of the house being set apart for aged, infirm, and chronic Hospital cases, the whole line of low buildings known as “the sheds” being reserved for harmless insane, and the Hospital Wards in the detached building where the Convent is located being reserved for cases of Tuberculosis). (9) The County Nursery. (Portion of Kilrush Workhouse to be used for this purpose). (10) The District Hospitals. (Hospitals to be retained at Ennis, Ennistymon, Kilrush and Scarriff. In the case of Ennis the Hospital will be located in the building now known as the County Infirmary and the Fever Hospital will be as heretofore. In the case of Kilrush, the County Board of Health will consider the advisability of utilising the “men's sheds” at the Workhouse side as the future Fever Hospital. (11) The Inter-County Sanitorium. The present Sanatorium to be kept open, and the existing scheme for the treatment of Tuberculosis to be continued until such time as an Inter-County Sanitorium be established. COMMITTEES OF MANAGEMENT. (12) Mental Hospital. (The Committee to remain as at present but to be under the general supervision of the County Board of Health, to which body it will submit its estimate, and also half-yearly reports on the general condition of the patients. (13) The County Central Home. The Committee to consist of the eleven Chairmen of Rural and Urban Councils on the County Board of Health and five others appointed by the County Board of Health of whom three may be non-members. (14) The County Nursery. A Sub-Committee of seven appointed by the County Board of Health, one of these seven being a Doctor and two at least being ladies—the Sub-Committee to have no power to incur expense other than specified routine expenditure without the sanction of the County Board of Health. (15) The District Hospital Committees. (a) Ennis District Hospital—the Committee to consist of: 6 Members appointed by Ennis Rural District Council. 2 Members appointed by Ennis Urban Council. 4 Members appointed by Corofin Rural District Council. 3 Members appointed by the County Board of Health. (b) Kilrush District Hospital—the Committee to consist of: 6 Members appointed by Kilrush Rural District Council. 2 Members appointed by Kilrush Urban Council. 4 Members appointed by Killadysert Rural District Council. 3 Members appointed by the County Board of Health. (c) Ennistymon District Hospital—the Committee to consist of 7 Members appointed by Ennistymon Rural District Council. 5 Members appointed by Ballyvaughan Rural District Council. 3 Members appointed by County Board of Health. (d) Scarriff District Hospital—the Committee to consist of:— 4 Members appointed by the Meelick Rural District Council. 4 Members appointed by the Scarriff Rural District Council. 4 Members appointed by the Tulla Rural District Council. 3 Members appointed by the County Board of Health. Provided that each County Councillor resident in a District Hospital area shall ex-officio be a member of the District Hospital Committee in addition to the number of members specified. (16) In the case of Kilrush, Ennistymon and Scarriff District Hospitals the present Clerks will act as Secretaries to the Hospital Committees, and the existing Registrar and Accountants at the Clare County Infirmary will continue to hold corresponding offices in the Ennis District Hospital (County Infirmary Buildings) until the said Hospital is in full working order. ADMISSION TO PUBLIC HEALTH INSTITUTIONS. (18) Mental Hospital—Admission on a Committal Warrant signed in presence of each other by a Medical Practitioner and two Brehons. (Harmless Insane and Chronic Cases to be refused as far as possible). (19) The Central Home—Admission on a certificate signed by three “recognised” persons, and containing a solemn declaration to the effect that the aged or infirm person— (a) is unable to take care of himself. (b) has no home, and no responsible relative able to care him. (c) has no friend, distant relative, or other person in the parish who will give him a home in consideration of a grant. [The persons whose signatures to the declaration will be “recognised” are Clergymen, Medical Practitioners, Brehons, County Councillors, and Rural and Urban Councillors, the three signatures being of different classes]. (20) Prior to admission the aged or infirm person, if he be in receipt of a pension or other allowance, must— (a) Sign an agreement handing over the pension or grant, or pay 10s. per week or according to pension to the Committee of Management of the Central Home. (b) Sign an order authorising the Clerk of the Home to draw the pension or grant in his behalf. [No person to be admitted until it is proved conclusively that he cannot be maintained in his own parish]. (21) District Hospitals—Admission—The Matron shall be instructed before admitting a patient (a) To require an order signed by a qualified Medical Practitioner stating the disease and the probable length of time for which the patient will have to remain. (b) To require signature by the patient (or by patient's responsible relative) of an agreement according to the prescribed form, to pay cost of maintenance in proportion to his valuation on the scale fixed, or according to his means. (c) In case of patients who have no property to inquire whether they are insured against illness, or whether they are in receipt of a pension from any source. (d) To enter in the register the full name and address both of the patient and of his responsible relative and the amount of his valuation (or the amount of his pension). (22) Persons who go outside their own Hospital must pay the standard fees for maintenance, etc. THE COUNTY MEDICAL STAFF. (23) The County Board of Health to have general direction and control, and to evolve a County Scheme of Medical Service in consultation with the County Medical Association. The County Board of Health shall fix— (1) the number and nature of the offices to be filled, the Officer to live in his District and duplication of jobs to involve less salary. (2) the number of the members required on the County Medical Staff. (3) the, salaries (in reference to future appointments). (4) the redistribution of areas in certain cases, or readjustment of salary. (5) the position of members of the medical staff in regard to the District Hospitals. In general the County Board of Health shall have the selection of Medical Officers for the County Medical Staff, and the appointment of members of the Medical Staff to the various positions, providing if possible for automatic promotion. [N.B.—Medical men will not be expected to act as Sanitary Inspectors]. THE COUNTY NURSING STAFF. (24) The above principles shall apply with certain variations. At least 5 of the Nursing Staff shall be trained to nurse Fever cases. In future only Nurses with Medical and Surgical training shall be admitted to the County Nursing Staff. A Nurse with Surgical and Medical training shall be located in districts remote from the Hospitals. The Nursing Staff of the Hospitals shall be liable to temporary transfer to other Hospitals than the one in which they are employed in case of need, but they shall not be liable for District Nursing OTHER OFFICERS OF PUBLIC HEALTH. (25) The Relieving Officerships shall be abolished (see “Home Assistance.”) (26) The office of Sub-Sanitary Officer shall be abolished. (27) There shall be in each Urban Council and Rural Council area one Public Health Inspector (not a Medical Officer) who will get a short course of training in his duties, which shall include supervision of Home Assistance, and who will be available to fulfil other duties for the Council. HOME ASSISTANCE. (31) The County Board of Health, on behalf of the County Council, shall exercise general supervision and control of “Home Assistance.” (37) The County Board of Health shall appoint some responsible person in each parish or the President of St. Vincent de Paui Society in towns, to whom cheque for total amount to be distributed each week in the parish can be sent with the names of recipients and receipt forms for the amount due, to be signed by them on getting the money—these signed receipts to be returned to the Clerk of the Local Council. The qualification for Home Assistance shall be same as for admission to the County Central Home. (38) To facilitate distribution the responsible person shall appoint some other reliable person or persons in each chapel area in the parish to visit the homes of those in receipt of assistance. (39) In case of parishes where very small amounts are distributed the cheque can be sent to the responsible person once a month, and the money can be given out each week. SUPERANNUATION. (43) Officers who lose their positions under the Scheme shall get superannuation allowances in accordance with what the Public Body concerned thinks just in each individual case. (44) Existing Officers to get any available positions, subject to the discretion of the Public Body concerned. (45) Officers who accept a position under the County Council or other local authority equal to that which they have lost should get no superannuation. (46) Officers who unreasonably refuse to accept a position in their own locality, and which they could fill as easily as their former position should get no superannuation. (47) Superannuation should cease if the person leaves Ireland. As far as possible only the older officials should be superannuated. (47a) All appointments to be made by promotion and examination in accordance with a scheme to be adopted by this Council at their next meeting. (48) That the expenses of the following be County-at-Large Charges:— (a) The Mental Hospital. (b) The Tuberculosis Scheme. (c) The Central Home for Aged, Infirm, etc. (d) The County Nursery. (e) The County Board of Health. (f) The salaries of the County Medical and Nursing Staff. (g) The salaries of the Public Health Inspectors. (h) Superannuation of Officers retired under the Scheme. (Superannuation to be under the control of the County Board of Health). (49) That the expenses of the District Hospitals be charged to the areas served by the Hospitals, viz.:— (a) Ennis District Hospital.—The Rural Districts of Ennis, Corofin, and the Urban District of Ennis. (b) Ennistymon District Hospital.—The Rural District of Ballyvaughan and Corofin. (c) Kilrush District Hospital.—The Rural Districts of Killadysert (d) Scarriff District Hospital.—The Rural Districts of Meelick, and Kilrush, and the Urban District of Kilrush. Scarriff and Tulla. (50) That the following be District Charges:— (1) The cost of Home Assistance (formerly Outdoor Relief). (2) All other business transferred from Boards of Guardians to the Rural District Councils. (51) That as regards the Ballyvaughan Rural District the maximum rate under the scheme be 4s. in the £, in consideration of its low rate for Union Charges hitherto. (52) That after payment of its District liabilities, the next charge on the 4s. rate in the Ballyvaughan Rural District shall be in respect of the District Hospital at Ennistymon. (53) That if the amount of money produced by the rate of 4s. in the £in the Ballyvaughan Rural District be insufficient to meet the liabilities of that District under all charges, the deficiency be raised over the remaining Districts of the County in proportion to their respective valuations. (54) That in normal times each District will get full credit for its grants as heretofore, and in the meantime the loss of such grants must be made up by rates to be levied in such Districts. FINANCE. General Principles. (55) The local Councils and the Committees of Management will present their estimates to the County Board of Health which will supervise them, and calculate the amount of the Public Health rate payable by the responsible Rural and Urban areas, previous to submitting the general Public Health estimate to the County Council. (56) Salaries of officers shall be paid by the County Board of Health through the medium of the local Councils and Committees under whose direct supervision the officers fulfil their duties. (57) Proposals involving increases of salary shall be dealt with only at the December meeting, notice of motion having been given and published in all cases at the November meeting—increases -(if granted by the County Board of Health) to take effect from the beginning of the next financial year. BOARDS OF GUARDIANS. (64) The Hospital Committee will control all matters pertaining to the management of the District Hospitals. (65) The District and Urban Councils on behalf of and under the general direction of the County Board of Health will exercise immediate supervision in their respective areas over:— (a) District Medical Attendance. (b) District Nursing Arrangements. (c) Sanitary Inspection. (d) Granting of Home Assistance to aged, infirm and destitute. (e) Boarding-out of children and the supervision of their treatment. (f) Care of Closed Institutions (if any). (g) Registration, Vaccination and provision of Medicine in Dispensaries. (66) In addition the Local Councils will have due representation on the County Board of Health, on Central Home Committee, on District Hospitals Committees, and on all Sub-Committees of the County Board of Health where their special interests are involved. GALWAY COUNTY SCHEME. The Executive Committee shall consist of five members of the County Council, who shall have power to co-opt two additional members. Central County Hospital. 1. There shall be established at Galway a Central County Hospital, with Medical, Surgical, Fever, and Maternity Departments. All inmates in existing Union Hospitals shall be transferred to the Central County Hospital on a date to be fixed by the Executive Committee appointed by the County Council, and on the completion of such transfer the existing Union Hospitals shall be closed. Central County Home. 2. There shall be temporarily established at Loughrea a Central County Home for Old and Infirm Persons, and there shall be transferred to the Central County Home on a date to be fixed by the Executive Committee all inmates of existing Union Workhouses who are not otherwise provided for under this Scheme, and on the completion of such transfer the existing Union Workhouses shall be closed. The selection of Loughrea to be for a period of twelve months when location may be revised. County Home for Children. 3. The Union Hospital Buildings and appurtenances of one of the abolished Unions shall be set aside for a County Home for Children, and for such unmarried Mothers as come within Class (a) of Article 4 hereof. The premises shall be handed over, in trust for the County Council, to such Religious Community as shall undertake to take charge of the said County Home for Children, upon such terms and conditions as may be agreed on between the said community and the Executive Committee. Unmarried Mothers. 4. Unmarried Mothers are divided into two classes:— (a) First offenders, to be dealt with in the same institution as children. (b) Old offenders to be sent to Magdalen Asylum. Unmarried Mothers who come within Class (b) shall be offered an opportunity of relief and retrievement in the Magdalen Asylum, Gal way, upon such terms and conditions as may be agreed on between the Executive Committee and the Sisters in Charge of the Magdalen Asylum. If necessary the Committee may make arrangements with other Institutions. Persons in Class (b) who refuse to enter such Institutions as may be selected shall not be allowed, under any circumstances to become chargeable to the public rates. Insane and Epileptic Inmates of Union Workhouses. 5. Harmless Lunatics or Epileptic Persons at present inmates of Union Workhouses shall be transferred to the Central County Home. Special arrangements for dealing with such cases will subsequently be made by the Executive Committee. Temporary Home Assistance to Distressed Persons. 6. The County Council will provide annually a sum not exceeding in any one year the sum produced by a rate of 6d. in the £. This sum will be available to provide assistance in money or kind to distressed persons who are not inmates of any Institution maintained out of the rates, and will be administered by the Executive Committee on the recommendation of a Parish Committee, consisting of the Parish Priest and three Parish Justices. Relief under this clause can only be given in accordance with such regulations as may be made in that behalf by the Local Government Department. In parishes in which Conferences of St. Vincent De Paul exist such Conferences may be selected as the Recommending Committee. Boarding-out of Boys. 7. Boys on reaching the age of nine years may either be Boarded-out, or placed in an Industrial School, but if suitable foster-parents can be found boys shall not be sent to an Institution. The regulations governing Boarding out are such as may be adopted by the Local Government Department. Dispensary Doctors and Maternity Nurses. 8. Dispensary Doctors and District Maternity Nu …