Local Government Act, 1925

Local Government Act, 1925 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 1925 Local Government Act, 1925 Local Government Act, 1925 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 5 of 1925.

LOCAL GOVERNMENT ACT, 1925.

ARRANGEMENT OF SECTIONS PRELIMINARY.

Section

Section 1

Definitions.

Section 2

Application to County and City of Dublin.

PART I.

ABOLITION OF RURAL DISTRICT COUNCILS.

Section 3

Abolition of rural district councils.

Section 4

Continuance of pending actions and contracts.

Section 5

Public bodies elected by rural district councils.

Section 6

Periodical payments by rural district councils.

Section 7

Poor law guardians to be elected where no county scheme.

Section 8

Rural district councils before the appointed day.

PART II.

PUBLIC HEALTH.

Section 9

County to be one rural sanitary district except in certain cases.

Section 10

Duties of county councils as sanitary authorities to be performed by boards of health.

Section 11

Borrowing powers of county councils.

Section 12

Incorporation of boards of health and regulation of their proceedings.

Section 13

Appointment of committees of boards of health.

Section 14

Finance of boards of health.

Section 15

Committees of county councils to be abolished.

Section 16

Application of adoptive Acts in portions of county health districts.

Section 17

Adoptive acts to apply throughout Saorstát Eireann.

Section 18

Duties of the Minister in relation to health.

Section 19

Consultative councils.

Section 20

Tents and vans used for human habitation.

Section 21

County medical officers of health.

Section 22

One sanitary officer to be a veterinary surgeon.

Section 23

Amendment of the Public Health (Regulations as to Food) Act, 1907.

PART III.

ROADS.

Section 24

Maintenance and construction of roads.

Section 25

Certain roads may be declared to be public roads.

Section 26

Abandonment of roads.

Section 27

Expenses of maintenance, etc., of roads.

Section 28

Power to revoke orders declaring main roads.

Section 29

Closing roads temporarily.

Section 30

Provisions as to borrowing.

Section 31

Bridges (Ireland) Acts, 1813-1875.

Section 32

Power to dig for road materials and make drains.

Section 33

Buildings and structures obstructing view on roads.

Section 34

Hedges and trees prejudicial to roads.

Section 35

Petrol pumps on roads.

Section 36

Regulations in regard to roads.

Section 37

Validation of certain direct labour schemes.

Section 38

Duration of direct labour schemes.

Section 39

Recovery of penalties under Roads Act, 1920.

Section 40

Speed of vehicles on highways.

Section 41

Amendment of Section 8 of the Development and Road Improvement Funds Act, 1909.

PART IV.

SUPERANNUATION, ETC.

Section 42

Definitions.

Section 43

Rights of existing officers.

Section 44

Compensation to be granted for loss of office.

Section 45

“Existing” officers within the meaning of the Local Government (Ireland) Act, 1898.

Section 46

Bonus on cost of living.

Section 47

Contributions by local bodies under which an officer has held office other than the local body granting compensation.

Section 48

Offices not under a local authority, which may be held by pensionable officers.

Section 49

Employment of pensioners of local bodies by other local bodies.

Section 50

Payment of allowances and gratuities.

Section 51

Officers of local bodies appointed to civil service.

Section 52

Prohibition of alienation of pensions.

Section 53

Superannuation of employees.

Section 54

Consent of Minister required to grant of allowances to certain asylum employees.

Section 55

Officers of abolished committees of county infirmaries and county fever hospitals.

Section 56

Compensation for loss of emoluments on transfer of duties.

PART V.

MISCELLANEOUS AND GENERAL.

Section 57

Membership of county councils.

Section 58

Appointment of committees of county councils.

Section 59

Amendment of the Public Health and Local Government Conferences Act, 1885.

Section 60

Disqualification of members of local authorities.

Section 61

Responsibilities of members and officers of local authorities.

Section 62

Non-payment of surcharges.

Section 63

Payment of travelling expenses to members of certain local authorities.

Section 64

Meeting of local authorities abandoned for want of quorum.

Section 65

Libraries.

Section 66

Library authority may provide lectures, etc., in schools.

Section 67

Advertisement of health and pleasure resorts.

Section 68

Acquisition of land by local authorities.

Section 69

Rating of new buildings.

Section 70

Member of local authority may not be employed by that or another local authority.

Section 71

Officers of local authorities to make declaration on appointment or increase of remuneration.

Section 72

Power to dissolve a local authority.

Section 73

Delegation of powers.

Section 74

Power to add urban districts to county health districts.

Section 75

Amendment of section 60 of the Towns Improvement (Ireland) Act, 1854.

Section 76

Amendment of National Insurance Act, 1911.

Section 77

Amendment of section 9 of the Local Government (Ireland) Act, 1898.

Section 78

Subscription by county council to funds of general council.

Section 79

Lunatic Asylums to be styled "mental hospitals".

Section 80

Salary of surgeon to county infirmary.

Section 81

Provisions in relation to transferred powers and duties.

Section 82

Transfer of officers.

Section 83

Relinquishment of office.

Section 84

Collection and expenditure of current rates.

Section 85

Amendment of Local Elections Postponement Acts, 1922 to 1924.

Section 86

Powers of Minister.

Section 87

Repeals.

Section 88

Short title and construction.

FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE SIXTH SCHEDULE SEVENTH SCHEDULE Acts Referred to Local Government (Temporary Provisions) Act, 1923 No. 9 of 1923 Electoral Act, 1923 No. 12 of 1923 Juries (Amendment) Act, 1924 No. 18 of 1924 Local Elections Postponement (Amendment) Act, 1924 No. 39 of 1924 Local Elections Postponement Act, 1922 No. 4 of 1922 Number 5 of 1925.

LOCAL GOVERNMENT ACT, 1925.

AN ACT TO AMEND THE LAW RELATING TO LOCAL GOVERNMENT AND FOR OTHER PURPOSES CONNECTED THEREWITH. [26th March, 1925.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— PRELIMINARY.

Definitions.

1.—In this Act, unless the context otherwise requires— the expression “the Minister” means the Minister for Local Government and Public Health; the expression “prescribed” means prescribed by the Minister; the expression “county” does not include a county borough; the word “road” means any public road and includes any bridge, pipe, arch, gulley, footway, pavement, fence, railing or wall (where such fence, railing or wall was erected by or was liable to be maintained by the County Council or Grand Jury) forming part thereof; the expression “main road” means any road which the Minister, by his order, declares to be a main road; the expression “urban road” means any road in an urban district except a main road; the expression “county road” means any road in a county except main roads and urban roads; the expression “county scheme” has the same meaning as in the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923); the expression “direct labour scheme” means and includes any declaration prepared by the council of a county under the provisions of Article 25a of the Procedure of Councils Order, 1899, specifying the roads in a rural district to be maintained by direct labour, and the scheme formulated for carrying such declaration into effect; the expression “local authority” includes— (i) a county council, county or other borough council, urban district council, rural district council, board of guardians, or the commissioners of any town, (ii) any public body which is established by or in pursuance of any statute to perform any of the functions of any of the above named bodies, (iii) any committee or joint committee of or appointed by any of the said authorities; the expression “board of health” includes both a board of public health and a board of health and public assistance; the word “powers” includes rights, jurisdictions, capacities, privileges, and immunities; the word “duties” includes responsibilities and obligations; the expression “powers and duties” includes all powers and duties conferred or imposed by or arising under any Local Act; the expression “the appointed day” means the 1st day of October, 1925; the word “maintenance” when used in relation to any road, includes the widening or other reasonable improvement of such road, and cognate words shall be construed accordingly.

Application to County and City of Dublin.

2.—The following portions of this Act, that is to say, the whole of

Part I

, sections 9 to 16 , and section 21 in

Part II

, sections 24 , 26 , 27 and 30 in

Part III

, and sections 57 , 63 , 74 , 81 and 82 in

Part V

shall not apply to the County or the City of Dublin.

PART I.

ABOLITION OF RURAL DISTRICT COUNCILS.

Abolition of rural district councils.

3.—(1) On and after the appointed day all rural district councils shall cease to exist, and upon the appointed day the powers and duties (subject to the provisions of this Act), and the property, debts, and liabilities of the council of every rural district within a county, shall be transferred to the council of such county, and the council of such county shall be the successors of the council of such rural district.

Continuance of pending actions and contracts.

4.—(1) If at the time when any powers, duties, property, or liabilities are transferred to a county council by this Act, any action or proceeding or any cause of action or proceeding is pending or existing in relation to such powers, duties, property, or liabilities by or against or on behalf of the body from which the same are so transferred, such action or proceeding, or cause of action or proceeding shall not abate or be prejudicially affected by such transfer, but shall continue by or against or on behalf of the county council or (in the case of powers or duties exercised through a board of health or of property transferred to a board of health under this Act), the board of health to or by whom the same are transferred or to be exercised.

Public bodies elected by rural district councils.

5.—(1) Any joint board, committee, or authority, all of whose members were, prior to the passing of this Act, elected or appointed by the councils of rural districts situate in the same county health district shall, from and after the appointed day, cease to exist, and the powers, duties, property, and liabilities of such joint board, committee, or authority shall be transferred to the council of the county in which such county health district is situate, and such powers and duties shall be exercised and performed by such county council through and by the board of health for such county health district.

This sub-section shall not apply to any public body to which the first sub-section of this section applies.

Periodical payments by rural district councils.

6.—Whenever under any enactment passed prior to the passing of this Act the council of a rural district is empowered or directed (as the case may be) to make any periodical payment in respect of any port, fishery, drainage works, burial works, or other similar matter, the council of the county in which such rural district is situate shall be empowered or directed (as the case may require) to make such payment and the amount thereof shall be charged upon the area upon which such amount would have been charged immediately before the passing of this Act.

Poor law guardians to be elected where no county scheme.

7.—In every county health district in a county to which for the time being no county scheme relates, poor law guardians shall after the appointed day be elected on the like days and in the same manner in all respects as members of rural district councils were immediately before the passing of this Act required by law to be elected.

Rural district councils before the appointed day.

8.—(1) No elections of rural district councillors shall be held after the passing of this Act.

PART II.

PUBLIC HEALTH.

County to be one rural sanitary district except in certain cases.

9.—(1) On and after the appointed day, and subject to the provisions of sub-section (2) of this section, the area of every county, with the exception of those portions (if any) of that area which are included in urban districts, shall for all purposes form one rural sanitary district or rural district within the meaning of the Public Health (Ireland) Acts, 1878 to 1919, and the council of such county shall be the sanitary authority for such rural sanitary district or rural district, and such rural sanitary district or rural district shall be called by the name of “The County Health District of____________” (with the addition of the name of the county).

Duties of county councils as sanitary authorities to be performed by boards of health.

10.—(1) In every county health district— (a) in a county to which for the time being no county scheme relates, or (b) adjoining a county borough and situate in a county to which a joint county scheme for such county borough and county relates, the powers and duties of the council of such county as sanitary authority for such district shall, save as is otherwise provided by this Act, be exercised and performed through and by a board to be established in such county health district and to be called the board of public health.

Borrowing powers of county councils.

11.—(1) The borrowing powers of a county council as rural sanitary authority for a county health district under the Public Health (Ireland) Acts, 1878 to 1919, shall be exercised directly by such county council, and shall not be delegated by virtue of this Act or otherwise to a board of health.

Incorporation of boards of health and regulation of their proceedings.

12.—(1) Every board of health shall be a body corporate and shall have perpetual succession and a common seal, with power to acquire and hold land for the purpose of their powers and duties.

Appointment of committees of boards of health.

13.—(1) A board of health may from time to time appoint such and so many committees as they think fit for purposes connected with the exercise or performance of any of the powers, duties and functions transferred to the board by or under this Act which in the opinion of the board would be better or more conveniently regulated or managed by or through a committee.

Finance of boards of health.

14.—(1) A board of health shall be subject to such conditions or restrictions in relation to expenditure as the county council may impose with the consent of the Minister.

(4)

Section 232

of the Public Health (Ireland) Act, 1878 , shall be amended by the substitution for the areas situated in a rural sanitary district therein defined as contributory places for the purposes of the said Act, of the following areas:— (a) the townland, (b) the dispensary district, (c) the area of any rural district as constituted immediately before the appointed day, (d) such portions of any of the above-mentioned areas as may be determined by the Minister.

Committees of county councils to be abolished.

15.—On and after the appointed day, the committees appointed by county councils and mentioned in the Third Schedule to this Act shall cease to exist, and the powers, duties, property, and liabilities of every such committee shall be transferred to the council of the county by which such committee was appointed, and such powers and duties in so far as they relate to any county health district shall be exercised and performed by and through the board of health for such county health district, and in so far as they relate to any urban district shall be exercised and performed by and through the board of health for the county health district adjoining such urban district, or where there are more than one such county health districts, by the board of health of such of those county health districts as the Minister shall direct.

Application of adoptive Acts in portions of county health districts.

16.—Where immediately before the appointed day the provisions of any statute or portion of a statute are in force in a rural district or part of a rural district by virtue of an order or resolution of the council of that rural district adopting such provisions, such provisions shall after the appointed day continue to be in force in the same area but subject and without prejudice to any recision, alteration or extension of the adoption of those provisions duly made by a competent authority after the appointed day, and the expenses of the administration of such statute or portion of a statute in such area shall be charged on such area.

Adoptive acts to apply throughout Saorstát Eireann.

17.—Notwithstanding any provision in any of the enactments mentioned in the Fourth Schedule to this Act whereby such enactment or any portion thereof only extends to the districts or places to or in which such enactment or portion thereof has been applied or adopted by order or resolution of any authority, the provisions of each of the said enactments shall, from and after the passing of this Act, extend to and be in full force and effect in every part of Saorstát Eireann.

Duties of the Minister in relation to health.

18.—It shall be the duty of the Minister in the exercise and performance of his powers and duties, to take all such steps as may be desirable to secure the preparation, effective carrying out, and co-ordination of measures conducive to the health of the people, including measures for— (a) the prevention and cure of diseases, including the avoidance of fraud in connection with alleged remedies therefor; (b) the treatment of physical and mental defects, including the treatment and care of the blind; (c) the initiation and direction of research, and the collection, preparation, publication, and dissemination of information and statistics relating thereto; (d) the training of persons for health services:

Provided that this section shall not be deemed to confer on the Minister any power in addition to the power otherwise conferred on him by law.

Consultative councils.

19.—(1) It shall be lawful for the Minister by order to establish consultative councils for giving, in the manner prescribed by the order, advice and assistance to the Minister in connection with such matters affecting or incidental to the health of the people as may be specified in the order.

Tents and vans used for human habitation.

20.—(1) A tent, van, shed or similar structure used for human habitation, or a barge, lighter, boat or other vessel on any river, canal or other inland water (in this section referred to as “a barge”) used for human habitation, which is in such a state as to be a nuisance or injurious to health, or which is so over-crowded as to be injurious to the health of the inmates (whether they are or are not members of the same family), shall be deemed to be a nuisance within the meaning of section 107 of the Public Health (Ireland) Act, 1878 , and the provisions of that Act shall apply accordingly.

County medical officers of health.

21.—(1) The council of every county shall appoint, with the approval of the Minister, for every county health district in such county, a medical practitioner duly qualified as such and with such other qualifications as may be prescribed to be the superintendent medical officer of health of such county health district and of every urban district in such county situate in or adjoining such county health district, and such officer shall be known as the County Medical Officer of Health with the addition of the distinguishing name of such county health district.

One sanitary officer to be a veterinary surgeon.

22.—At least one of the sanitary officers appointed by any sanitary authority under the provisions of section 11 of the Public Health (Ireland) Act, 1878 , shall be a duly qualified veterinary surgeon and the duties assigned to such officer shall include inspection and examination of meat, inspection of cattle in dairies and other similar duties.

Amendment of the Public Health (Regulations as to Food) Act, 1907.

23.—Sub-section (1) of section 1 of the Public Health (Regulations as to Food) Act, 1907, shall have effect as though at the end thereof the following paragraph were added:— (d) provide for the manner in which any tin or other receptacle containing dried, condensed, evaporated, skimmed, or separated milk is to be labelled or marked and prescribe the minimum percentages of milk fat and milk solids in dried or condensed milks.

PART III.

ROADS.

Maintenance and construction of roads.

24.—(1) On and after the 1st day of April, 1925— (a) the maintenance and construction of all county and main roads in a county shall be the duty of the council of such county; (b) the maintenance and construction of all urban roads in an urban district shall be the duty of the council of such urban district.

Certain roads may be declared to be public roads.

25.—(1) If at any time after the appointed day the council of any county or urban district by resolution passed after such notice as is hereinafter mentioned declares any road which is not a public road, but over which a public right of way for foot passengers, animals and vehicles exists and which connects two public roads and is not less than eleven feet wide in the clear, to be a public road, such road shall for all purposes be a public road.

Abandonment of roads.

26.—On and after the 1st day of April, 1925— (a) the Minister may, on the application of the council in whom the duty of maintaining any road other than a main road is vested under the provisions of this Act, by order to be published in such manner as he shall direct, declare that such road is to be abandoned, and from and after the date of such order no expenditure shall be incurred by such council in respect of the maintenance of such road, but such order shall not affect the right of way of the public over the surface of such road; (b) when a council proposes to apply to the Minister for an order under this section, the council shall before making such application, give public notice of their intention so to do by advertisement at least once in each of two successive weeks in one or more of the newspapers circulating in their functional area, the latest of such advertisements being published at least one month before the application is made; (c) before making an order under this section in respect of any road the Minister shall, at least one month after the publication of the advertisements required by this section, hold a local inquiry into the expediency of abandoning such road, and the provisions of Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply to every such local inquiry.

Expenses of maintenance, etc., of roads.

27.—(1) On and after the 1st day of April, 1925— (a) the expenses of maintaining and constructing county and main roads and abandoning county roads shall be raised and defrayed out of the poor rate; (b) the expenses of maintaining or constructing any main road in a county shall be raised equally over the whole of such county; (c) the expenses of maintaining, constructing, or abandoning any county road in a county shall be raised equally over the whole of such county excluding any urban district; (d) the expenses of maintaining, constructing, or abandoning any urban road in an urban district shall be defrayed out of the fund or rate out of which the cost of paving and cleansing the streets in such district are or can be defrayed, but such expenses shall be excluded in ascertaining any limit imposed by law upon any such rate; (e) in every demand note for rates the portion of the sum demanded which is to be raised for the purpose of construction and maintenance of roads shall be shown as a separate item; (f) the provisions of this section shall take effect notwithstanding any provision to the contrary in any Local Act or in any Provisional Order confirmed by or having the force of an Act, in force at the date of the passing of this Act save that where under any such Act or Order any person other than a local authority is liable to make any payment to a local authority in respect of the construction or maintenance of any road such person shall still be liable to make such payment to the council charged under this Act with the maintenance of such road.

Power to revoke orders declaring main roads.

28.—An order of the Minister declaring any road to be a main road may be revoked by the Minister, and on and after the date when such revocation takes effect such road shall cease to be a main road.

Closing roads temporarily.

29.—On the application of the council charged with the maintenance of any road, the Minister may by order made after giving such public notice as may be prescribed in that behalf by regulations made under this Act and after holding such (if any) local inquiry as he shall think necessary, authorise such council to close such road or any particular portion thereof to public traffic for such period and subject to such conditions as the Minister shall think proper and shall specify in the order.

Provisions as to borrowing.

30.—(1) Money borrowed by the council of a county, county or other borough, or urban district, for the purpose of the repair of any damage (including total destruction) done to any road at any time prior to the 20th day of March, 1923, shall not be reckoned as part of the total debt of such council for the purpose of any limitation on borrowing imposed by any enactment relating to borrowing by such council.

Bridges (Ireland) Acts, 1813-1875.

31.—Nothing under this Act shall be deemed to repeal or amend or otherwise prejudice or affect the Bridges (Ireland) Acts, 1813-1875.

Power to dig for road materials and make drains.

32.—(1) The council charged with the maintenance of any road, and also every contractor for any work to be executed in pursuance of a resolution of such council shall, subject to the provisions of this section, have power and authority— (a) to dig for, raise and carry away in or out of any land to which this section applies any gravel, stone, sand, or other material which may be required for the construction or maintenance of such road; (b) to dig for, raise and carry away out of any river or brook at a distance of at least a hundred and fifty feet above or below any bridge, dam, or weir, any gravel, stone, sand, or other material which may be required for the construction or maintenance of such road, where the same can be taken away without diverting or interrupting the course of the river or brook, or prejudicing or damaging any building, highway, ford, or spawning bed; (c) to make and repair drains in on to or through any land to which this section applies in order to carry off water which might injure such road; (d) to use any land to which this section applies for storing, crushing, breaking, screening, mixing, or otherwise preparing materials for the construction or maintenance of such road; (e) to enter, subject to the provisions of this section, on any land to which this section applies in order to do anything which they are empowered to do by this sub-section; (f) subject to the provisions of this section, and for the purpose of obtaining access to and from any land, river, or brook upon or in which any of the powers conferred on them by this sub-section are to be exercised, to enter on and pass through any land to which this section applies, lying between such land and a public road.

Buildings and structures obstructing view on roads.

33.—(1) Where the Minister, on the application of the council charged with the maintenance of any road, is satisfied that the erection of a proposed building or other structure would obstruct the view of persons using such road so as to render such road dangerous to such persons, he may by order prohibit the erection of any portion of such building or structure within thirty yards of such road.

Hedges and trees prejudicial to roads.

34.—(1) A hedge or tree shall be deemed to be prejudicial to a road within the meaning of this section if and when the hedge or tree— (a) shades the road to such extent that the maintenance of the road is thereby made unduly difficult or expensive, or (b) causes an obstruction on the road, or (c) obstructs the view of persons using the road so that the road thereby becomes dangerous to persons using it.

Petrol pumps on roads.

35.—(1) In this section the expression “petrol pump” means and includes any pump, pipe, or other appliance for supplying motor spirit for motive power to motor cars and road locomotives.

Regulations in regard to roads.

36.—(1) The Minister may make regulations prescribing— (a) the standard and quality of the materials which may be used in the maintenance and construction of roads; (b) the size, shape, colour, and character of the signs to be erected on roads for the purpose of— (i.) indicating the places to which the road leads, and the distances to such places, (ii.) indicating the distances on the road, (iii.) warning persons using the road of dangerous portions thereof, (iv.) guiding traffic on the road with a view to minimising the risk of accidents; (c) the places at which the several signs hereinbefore mentioned are to be erected; (d) the conditions upon which such signs as aforesaid may be erected or retained on land adjoining any road by the owner or occupier thereof; (e) the signals by which persons using roads can indicate their intentions to other such persons.

Validation of certain direct labour schemes.

37.—Every direct labour scheme under which the roads in a rural district were actually repaired and maintained during the whole or any part of the period beginning on the 1st day of April, 1920, and ending on the 31st day of December, 1923, shall be deemed to have been legally in force during such time as the said roads were repaired and maintained thereunder notwithstanding any illegality or invalidity in such scheme arising from any of the following causes, that is to say:— (a) the approval required by law not having been obtained, (b) the period prescribed by law for the duration of the scheme having expired, (c) the scheme having been adopted for a less period than that prescribed by law for the duration of a direct labour scheme.

Duration of direct labour schemes.

38.—(1) Every direct labour scheme which was or is deemed by virtue of this Act to have been legally in force in any rural district on the 31st day of December, 1923, shall, subject to the provisions of this section, continue in force up to such date as the Minister shall appoint.

Recovery of penalties under Roads Act, 1920.

39.—Notwithstanding any provision to the contrary contained in any enactment relating to the recovery or application of excise penalties, any penalty imposed by the Roads Act, 1920 , as amended by section 14 of the Finance Act, 1922 , may be recovered and enforced upon an information by any member of the Dublin Metropolitan Police or the Gárda Síochána before a court of summary jurisdiction, and in any such case the court shall have power to mitigate the penalty to such amount as the court may in its discretion think fit, and the council of the county or county borough shall not have power to mitigate the penalty.

Speed of vehicles on highways.

40.—The Minister may, by an order made under and in accordance with sub-section (4) of section 7 of the Roads Act, 1920 , prohibit or restrict the driving of vehicles of any specified class on any specified highway at any speed greater than the speed specified in such order, and all the provisions of the said sub-section shall apply to every such order.

Amendment of Section 8 of the Development and Road Improvement Funds Act, 1909.

41.—Paragraph (b) of sub-section (1) of section 8 of the Development and Road Improvement Funds Act, 1909, shall be construed and have effect as if the word “new” were omitted therefrom.

PART IV.

SUPERANNUATION, ETC.

Definitions.

42.—In this Part of this Act— the expression “local body” means and includes every local authority except a committee of management of a district lunatic asylum; the expression “pensionable officer” means any officer (other than a temporary officer) who either— (a) devotes the whole of his time to the service of one or more local bodies, or (b) is required by virtue of his office to be a registered medical practitioner, nurse, or midwife, and the said expression also includes the following persons, that is to say:— (i) any person who, as an officer, has devoted the whole of his time to the service of one or more committees or joint committees, appointed for the purpose of the Agriculture and Technical Instruction (Ireland) Act, 1899, for a continuous period of not less than ten years upon terms which do not expressly preclude him from receiving a pension and notwithstanding that his appointment was or is renewable periodically: Provided that for the purposes of this paragraph the period of service of such a person shall be deemed to be continuous, notwithstanding that at any time between the 1st day of January, 1919, and the 6th day of December, 1921, such service was interrupted for a period of not more than six months owing to the committee or joint committee in whose service such person then was having ceased to administer the said Agriculture and Technical Instruction (Ireland) Act, 1899, and (ii) any person duly appointed standing solicitor of a local body before the passing of the Local Government (Ireland) Act, 1919, and (iii) any person permanently appointed before the passing of this Act to be a compounder of medicine for the purposes of any Act relating to the relief of the poor, and the expression “pensionable office” shall be construed accordingly; the expression “emoluments” includes all fees, poundage and other payments made to an officer as such for his own use, and also the money value of any apartments, rations or other allowances in kind appertaining to his office; the expression “yearly salary and emoluments” means in relation to an officer who has served for not less than three years, the average amount of his salary and emoluments during the three years ending on the quarter day which immediately precedes the day on which he ceases to hold his office, and in relation to an officer who has served for less than three years, the average amount of his salary and emoluments during each completed year of his service.

Rights of existing officers.

43.—(1) If any officer of a local body who is in office at the date of the passing of this Act and at that date has more than ten years service as an officer of such local body signifies in writing within four months after the passing of this Act to such local body or if that body has been abolished then to a local body to which its powers and duties have been transferred his intention not to avail himself of all the provisions of this Part of this Act, this Part of this Act with the exception of sections 43 , 46 , 49 , 50 , 53 , 54 , 55 and 56 shall not apply to such officer.

Compensation to be granted for loss of office.

44.—(1) A local body shall with the consent of the Minister grant to a pensionable officer in their employment, who either— (a) has attained the age of sixty-five years and has at least twenty-five years' service, or (b) becomes incapable of discharging the duties of his office with efficiency by reason of permanent infirmity of mind or body, or of old age, and has not less than ten years' service, upon his resigning or otherwise ceasing to hold his office an annual allowance for his life not greater than two-thirds of his yearly salary and emoluments.

Provided that— (a) no period of service shall be reckoned in respect of which the officer has received an allowance or gratuity under this or any other enactment, and (b) in the case of an officer of a committee or joint committee appointed for the purposes of the Agriculture and Technical Instruction (Ireland) Act, 1899, who has become pensionable by reason of his having devoted the whole of his time to the service of one or more such committees or joint committees for a continuous period of not less than ten years, his service shall be deemed to have commenced at the beginning of such continuous period.

45.—(1) A local body may grant to any person who was an existing officer within the meaning of the Local Government (Ireland) Act, 1898 , and ceased to hold office under such local body after the 6th day of December, 1921, and before the passing of this Act and to whom no compensation or superannuation has been granted by such local body in respect of such cesser, the same compensation or superannuation as might have been granted to such person if such cesser had taken place after the passing of this Act.

Bonus on cost of living.

46.—(1) Where the yearly salary and emoluments of an officer of a local body include a temporary increase or addition (in this section called a “bonus”) which was expressed at the time of granting to be granted to meet the increased cost of living, calculated according to the amount of the remainder of his salary and emoluments and variable from time to time in accordance with the average cost of living in Saorstát Eireann, such bonus shall not be taken into account in fixing the amount of any allowance granted to such officer.

Contributions by local bodies under which an officer has held office other than the local body granting compensation.

47.—Whenever an allowance or gratuity is payable by a local body (in this section called “the paying body”) to any person under this Act in respect of his ceasing to hold office under them, and in ascertaining the service of such officer at the date of such cesser any service under another local body (in this section called “the contributing body”) has been aggregated and reckoned, the contributing body shall refund to the paying body a part of such allowance or gratuity reckoned according to the service and pay of such officer under the contributing body and to the circumstances under which he has ceased to hold office under the paying body, and such part shall be settled by agreement between the two bodies, or in default of agreement by the Minister.

Offices not under a local authority, which may be held by pensionable officers.

48.—The holding by an officer of a local body of the office of Clerk to an Old Age Pensions Committee or a National Insurance Committee, or any office under a School Attendance Committee under the Irish Education Act, 1892, or the office of Superintendent Registrar of Births, Deaths and Marriages or the office of Registrar of Marriages, shall not be deemed, for the purpose of this Part of this Act, to deprive him of the status of a pensionable officer, but the salary or emoluments of such office shall not be taken into account in ascertaining the compensation which may be granted to such officer under this Part of this Act.

Employment of pensioners of local bodies by other local bodies.

49.—(1) Whenever a person who is in receipt of an allowance from a local body under this or any other Act on account of his having, whether before or after the passing of this Act, ceased to hold an office (in this section referred to as “the former office”) under a local body, or under a committee of a county infirmary or fever hospital, is or has been appointed to any office or employment (in this section referred to as “the later office”) by any local body, then— (a) if the annual amount of the profits of the later office are equal to or greater than the yearly salary and emoluments of the former office, the allowance aforesaid shall cease to be paid so long as such person continues to hold the later office, and (b) if the annual amount of the profits of the later office are less than the yearly salary and emoluments of the former office, no more of the allowance aforesaid shall be paid to such person while he continues to hold the later office than, with the annual amount of the profits of the later office, will be equal to the salary and emoluments of the former office.

Payment of allowances and gratuities.

50.—(1) The amount of any allowance or gratuity granted to an officer of a committee of a county council, an urban district council, or a borough council, or to an officer of a joint committee of any two or more of such councils under this Part of this Act, shall be paid to such officer by such council or councils, and in the case of an officer of a joint committee in such proportions as may be agreed upon or, in default of agreement, as may be determined by the Minister.

Officers of local bodies appointed to civil service.

51.—(1) This Part of this Act shall apply to any officer of a local body with not less than ten years' service who is or was after the 6th day of December, 1922, appointed to a permanent situation in the Civil Service of the Government of Saorstát Eireann, the duties of which relate to the same matters as the duties of his office under such local body, and who thereupon resigns or resigned such office, as if such officer had resigned such office after attaining the age of sixty-five years and having at least twenty years' service; but any allowance granted to such an officer by virtue of this section shall not be paid unless and until such officer is removed from the said Civil Service for a cause other than misconduct or incapacity or resigns from the said Civil Service with the consent of the Minister for Finance.

Prohibition of alienation of pensions.

52.—(1) Every assignment of and every charge on and every agreement to assign or charge an allowance under this Part of this Act shall be void.

Superannuation of employees.

53.—Whenever, under the provisions of any public or local Act, a local body is empowered to grant to any of its employees, other than officers, an allowance in respect of the loss of his employment, section 42 , sub-sections (1) and (2) of section 44 , sections 46 , 49 , 50 and 52 of this Act shall be substituted for such provisions, and shall apply to the granting of such allowances, and to such allowances when granted with the following modifications, that is to say:— (a) in such application the words “office” and “officer” shall include “employment” and “employee” respectively, and the word “salary” shall include “wages;” (b) in calculating an employee's service only the continuous service of such employee under such local body at the date of the loss of such employment shall be reckoned; (c) no allowance shall be granted to an employee under this section whose service is less than the period of service required by such public or local Act as a condition of his being granted an allowance thereunder.

Consent of Minister required to grant of allowances to certain asylum employees.

54.—No superannuation allowance shall be granted without the consent of the Minister to any officer or servant employed in a district or auxiliary asylum who, under the provisions of section twenty of the Asylum Officers Superannuation Act, 1909, signified his intention not to avail himself of the provisions of that Act.

Officers of abolished committees of county infirmaries and county fever hospitals.

55.—Every person who at the date of the abolition of a committee of a county infirmary or a county fever hospital (whether before or after the passing of this Act) under or in pursuance of section 7 of the Local Government (Temporary Provisions) Act, 1923 , was or shall have been an officer of that committee, and, except in the case of a medical officer, devoted the whole of his time to the service of the committee, if his period of service under such committee was, or shall have been, not less than ten years, shall have the same rights to receive an allowance from the county or county borough council or councils to which or to a committee of which the functions of the committee aforesaid have been transferred on its abolition as he would have under this Act if he were a pensionable officer of a committee or joint committee of the said council or councils and had held office thereunder for a period equal to his period of service under the committee aforesaid, and had been removed from such office for a cause other than misconduct or incapacity.

Compensation for loss of emoluments on transfer of duties.

56.—(1) Whenever an officer of a board of guardians which has before the passing of this Act been abolished under the provisions of the Local Government (Temporary Provisions) Act, 1923 , has continued after such abolition to perform duties previously performed by him by virtue of his office under such board, and in the opinion of the Minister the emoluments received by such officer for the performance of such duties were not taken into account in determining the amount of compensation payable to him in respect of the loss of his office under the said board, such officer shall upon his ceasing (whether before or after this Act) for any reason other than misconduct or incapacity to perform the duties aforesaid, be entitled to receive from the county council by which the compensation aforesaid was payable, and in addition thereto, such amount of compensation for the loss of the emoluments aforesaid as the Minister shall determine.

In this sub-section the expression “existing clerk” means a clerk who was in office on the last day of March, 1898.

In this sub-section the expression “net loss of emoluments” means— (i) where the duties the cesser of which gives rise to the right to compensation have or shall have been performed for three years or more, the average amount of the emoluments received in respect of the performance of those duties during each of the three years next preceding such cesser in which those duties have or shall have been actually performed, and (ii) where such duties have or shall have been performed for less than three years, the average yearly amount of the emoluments received in respect of the performance of those duties during the period in which those duties have or shall have been performed.

PART V.

MISCELLANEOUS AND GENERAL.

Membership of county councils.

57.—(1) Sub-section (1) of section 3 of the Local Government (Ireland) Act, 1898 , shall cease to have effect from and after the election of county councillors held next after the passing of this Act.

Appointment of committees of county councils.

58.—(1) A county council may from time to time appoint such and so many committees as they think fit for purposes connected with the exercise or performance of any of their powers, duties, and functions which in the opinion of the council would be better or more conveniently regulated or managed by or through a committee.

Amendment of the Public Health and Local Government Conferences Act, 1885.

59.—(1) The Public Health and Local Government Conferences Act, 1885, shall be construed and have effect as if the expression “local authority” in that Act had the same meaning as in this Act.

Disqualification of members of local authorities.

60.—(1) If any person knowingly acts as a member of a local authority when disqualified, or knowingly votes when prohibited by or under any enactment, he shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding twenty pounds for each such offence, without prejudice to any other disqualification or penalty therefor.

Responsibilities of members and officers of local authorities.

61.—(1) In this section the expression “responsible officer of a local authority” means in relation to any meeting of such local authority, the secretary, clerk, resident medical superintendent, or other chief executive officer of such local authority if he is present at such meeting, or in case such secretary, clerk, superintendent, or chief executive officer is not present at such meeting, any other officer of such local authority acting in his stead at such meeting.

Non-payment of surcharges.

62.—(1) When any portion of any sum charged or surcharged by an auditor of the accounts of any local authority upon or against any person remains unpaid, such person shall, on and after the date hereinafter prescribed, be disqualified for being elected or chosen or being a member of any local authority until the sum so charged or surcharged is paid.

Payment of travelling expenses to members of certain local authorities.

63.—(1) In this section the expression “county authority” means a county council, a board of health, or a committee or joint committee of a district mental hospital, and the expression “authorised committee” means a committee appointed by a county authority and to the members of which the Minister, on the application of the county authority, authorises contributions to be paid under this section.

Meeting of local authorities abandoned for want of quorum.

64.—Whenever a meeting of a local authority is abandoned owing to failure to obtain a quorum, the names of the members attending at the time and place appointed for such meeting shall be recorded forthwith, and for the purposes of any enactment relating to disqualification for membership of a local authority and for the purposes of section 63 of this Act and of the rules contained in the Fifth Schedule to this Act, a meeting of such local authority shall be deemed to have been held at such time and place, and the members whose names are so recorded shall be deemed to have attended such meeting.

Libraries.

65.—(1) The council of any county shall have power by resolution to adopt the Public Libraries (Ireland) Act, 1855, for the whole or any specified parts or part of their county, exclusive of any urban district.

Library authority may provide lectures, etc., in schools.

66.—The powers of a library authority under the Public Libraries (Ireland) Acts, 1855-1920, shall include power to incur expenditure out of the library rate on the provision of public lectures and exhibitions (whether admission to such lectures or exhibitions is free or subject to such charges and conditions as the library authority may determine) and libraries in schools.

Advertisement of health and pleasure resorts.

67.—(1) The council of any county, county or other borough or urban district, or the commissioners of any town may, either alone or jointly or in combination with any one or more other such councils or commissioners, advertise and may expend money in advertising, by the insertion of advertisements in newspapers or by means of posters, placards or otherwise as they think fit, the advantages and amenities as a health or pleasure resort of such county or any part thereof, borough, district or town, or, in the case of joint or combined advertisements of an area comprising the whole or any parts of the respective counties, boroughs, districts and towns of the several councils or commissioners so joining or combining.

Provided always that every contribution made under this sub-section to the funds of any such association shall be expended by such association in accordance with a scheme approved by the Minister for Industry and Commerce, and not otherwise.

Acquisition of land by local authorities.

68.—(1) Any provisional order made by the Minister under the provisions of the Public Health (Ireland) Acts, 1878 to 1919, or of section 10 of the Local Government (Ireland) Act, 1898, after the holding of such a local inquiry as is mentioned in sub-section (4) of section 203 of the Public Health (Ireland) Act, 1878 , empowering a local authority to acquire land or other property or rights otherwise than by agreement, may be confirmed by the Minister or the Circuit Court in accordance with the rules set out in the Sixth Schedule to this Act.

Rating of new buildings.

69.—(1) In this section the expression “new building” means either— (a) a building, the erection of which was or shall have been begun and completed during the period from the 1st day of April, 1920, to the 1st day of April, 1927, or (b) a building, the structure of which has been substantially enlarged or improved and such enlargement or improvement was or shall have been begun and completed during the period aforesaid;

The expression “exemption year” means— (i) in relation to any new building which is exempt from revaluation under the provisions of section 7 of the Dublin Reconstruction (Emergency Provisions) Act, 1916—any of the local financial years between the 1st day of April, 1929, and the 31st day of March, 1933; (ii) in relation to any new building which is exempt from revaluation under the provisions of section 8 of the Dublin Reconstruction (Emergency Provisions) Act, 1924 —any of the local financial years between the 1st day of April, 1930, and the 31st day of March, 1933; (iii) in relation to any other new building—any of the local financial years between the 1st day of April, 1926, and the 31st day of March, 1933.

Member of local authority may not be employed by that or another local authority.

70.—(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 held next after the passing of this Act while he is or within twelve 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 or county borough as that of or within which is situate the functional area of such local authority or in any county or county borough adjoining to that county or county borough.

Officers of local authorities to make declaration on appointment or increase of remuneration.

71.—(1) Where after the passing of this Act a local authority passes a resolution either appointing a person to be an officer of that local authority or increasing the salary or emoluments of an officer of that local authority, such resolution— (a) shall have no effect until such person or officer shall within one month after the date of such resolution have made and subscribed a declaration in accordance with this section, and (b) shall be wholly void if such person or officer fails to make and subscribe such declaration within such period of one month.

Power to dissolve a local authority.

72.—(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.

Delegation of powers.

73.—(1) A county or borough council may with the consent of the Minister delegate to such person or persons as the Minister shall from time to time appoint for the purpose, all or any part of its powers, duties and functions (including all or any of the powers, duties and functions of a board of health) and such powers, duties and functions shall thereupon be exercised and performed by such person or persons until the holding of the next triennial election of county councillors.

Power to add urban districts to county health districts.

74.—(1) Subject to the provisions of this section, the Minister may by order add any urban district not being a borough to a county health district adjoining and in the same county as such urban district, and from and after the date on which such order comes into operation such urban district shall be part of such county health district as aforesaid.

Amendment of section 60 of the Towns Improvement (Ireland) Act, 1854.

75.—In any town in which the Towns Improvement (Ireland) Act, 1854 , is in force, the amount of any assessment under section 60 of that Act may, notwithstanding the limitations in that section, amount to but shall not exceed the amount of two shillings and six pence in the pound where the provisions of the said Act with respect to water have been adopted, or the amount of two shillings in the pound where such provisions with respect to water have not been adopted.

Amendment of National Insurance Act, 1911.