76.—(1) Paragraphs (a) and (b) of sub-section (1) of section 16 of the National Insurance Act, 1911, shall be amended by the omission in each of the said paragraphs of the words “other than Poor Law Authorities.”
\n
(2)Sub-section (3) of section 64 of the National Insurance Act, 1911, shall be amended by the omission of the words “not being Poor Law Authorities.”
\n
(3)Sub-section (4) of section 64 of the National Insurance Act, 1911, shall be amended by the omission of the words “other than a Poor Law Authority.”
\n
Amendment of section 9 of the Local Government (Ireland) Act, 1898.
\n
77.—Sub-section (7) of section 9 of the Local Government (Ireland) Act, 1898 , shall be amended by the omission of all the words in the sub-section from the words “and the expenses” to the end and by the substitution therefor of the following words, that is to say:—“and the expenses of each half-year ending on the 30th day of September or the 31st day of March shall be defrayed by the several counties in proportion to the number of lunatics from each county maintained in the lunatic asylum in such half-year, and the committee for the asylum shall be a joint committee of the councils of the counties with a representation of each council (determined in case of dispute by the Minister for Local Government and Public Health) in proportion to the number of lunatics from each county, according to the average of the three local financial years which ended next before the last triennial election of county councillors.”
\n
Subscription by county council to funds of general council.
\n
78.—
\n
Section 16
\n
of the Local Government (Ireland) Act, 1902 (which empowers a county council to pay a subscription for the association of county councils of Ireland) shall be and is hereby amended by the substitution therein of twenty pounds for ten pounds as the limit to the amount which in any one year may be paid as a subscription to the funds of the association.
\n
Lunatic Asylums to be styled “mental hospitals.”
\n
79.—All district lunatic asylums maintained by county councils under section 9 of the Local Government (Ireland) Act, 1898 , shall henceforth be styled and known as district mental hospitals, and the title of every such district lunatic asylum shall be and is hereby amended by the substitution therein of the words “mental hospital” for the words “lunatic asylum.”
\n
Salary of surgeon to county infirmary.
\n
80.—It shall not be lawful for the council of any county to resolve that an annual sum be raised off such county and paid as a salary to the surgeon of the infirmary or infirmaries thereof under the provision of section 86 of the Grand Jury (Ireland) Act, 1836 , as adapted by the Local Government (Adaptation of Irish Enactments) Order, 1899, without the consent of the Minister, and so much of the said section 86 as imposes a limit on the amount which may be so raised and paid shall cease to have effect.
\n
Provisions in relation to transferred powers and duties.
\n
81.—(1) The provisions of any enactment in force at the passing of this Act relating to any of the powers, duties, properties, or liabilities transferred to a county council or a board of health by this Act, shall be construed with such modifications as may be necessary to give effect to this Act.
\n
(2)If any doubt, dispute, or question shall arise, or, in the opinion of the Minister, be likely to arise, as to whether any power, duty, property, or liability is or is not transferred by or under this Act to a county council or the board of health, such doubt, dispute, or question shall be decided by the Minister, and if such doubt, dispute, or question relates to the construction of any statute, order, or regulation, the Minister may by order specify the modifications which are to be made in such statute, order, or regulation under sub-section (1) of this section.
\n
Transfer of officers.
\n
82.—(1) Where the business of any council or committee is transferred by this Act to any county council, the existing officers of that council or committee employed in that business shall, on and after the appointed day, become the officers of such county council in like manner, subject to the provisions of this section, as if they had been appointed by such county council, and any such officer may be transferred by such county council to the board of health of any county health district in such county.
\n
(2)For the purposes of the enactments relating to superannuation or to compensation for loss of office, the services of any existing officer of any such council or committee before his transfer under this section to a county council or a board of health shall be reckoned as services under that county council or board of health.
\n
(3)If any existing officer of a rural district council is removed from office in consequence of changes effected by or under this Act, the cost of any compensation granted to such officer for such loss of office shall be charged on the area of the county to the council of which the business of such rural district council is transferred by this Act, exclusive of the area of any urban district in such county.
\n
(4)In this section the expression “existing officer” means any officer who is in office on the appointed day.
\n
Relinquishment of office.
\n
83.—If an officer of a rural district council holds more than one office under that council or under that council and another local body, and is removed from the office from which he derives the greater part of his income in consequence of changes effected by or under this Act, he shall be entitled to relinquish all the said offices and to receive compensation on the same terms and conditions as if all his offices had been abolished.
\n
Collection and expenditure of current rates.
\n
84.—(1) This section shall apply to any rate made by the council of a county or urban district before the first day of June, 1925, for the service of the local financial year ending on the thirty-first day of March 1926.
\n
(2)Every rate to which this section applies shall be raised and collected as if this Act had not been passed.
\n
(3)The proceeds of every rate to which this section applies, raised for the expenses of any duty of a rural district council, may be expended in the performance of such duty by the county council or board of health to which such duty is transferred under this Act.
\n
(4)Where the area upon which before the passing of this Act the expenses of the performance of any duty of a county, urban district or rural district council were charged has been extended by this Act either directly or by reason of the transfer of such duty from such council the proceeds of any rate to which this section applies may be expended under this Act in the performance of such duty in such extended area.
\n
(5)If the amount of any rate to which this section applies raised and levied upon and in any area exceeds or is less than the amount of the rate which would have been raised and levied upon and in such area under this Act for the service of the said local financial year, such excess or deficit shall be taken into account by way of adjustment in the rate to be raised and levied for the service of the local financial year ending on the thirty-first day of March, 1927.
\n
Amendment of Local Elections Postponement Acts, 1922 to 1924.
\n
85.—The Local Elections Postponement (Amendment) Act, 1924 (No. 39 of 1924), is hereby repealed and in lieu thereof it is hereby enacted that the Local Elections Postponement Act, 1922 (No. 4 of 1922), shall be construed and have effect as if the expiration of three months from the passing of this Act was substituted therein for the first day of January, 1924, where that date is mentioned in sub-section (1) of section 1 and sub-section (1) of section 2 of that Act.
\n
Powers of Minister.
\n
86.—(1) The Minister may by order do any of the matters following, that is to say:— (a) apply to boards of health any existing enactments relating to county or district councils with such modifications as he shall deem necessary; (b) make such adaptations of any existing enactment (including any Local Act), relating to any matter dealt with or affected by this Act as appear to him necessary or expedient for carrying this Act into effect; (c) make rules for carrying this Act into effect, and in particular for regulating— (i.) the estimating and raising of the expenses of boards of health, (ii.) the accounts, audits, and annual estimates of boards of health in such manner that units of cost for comparative and control purposes can be established, (iii.) the transfer of the property and liabilities of any public body abolished by this Act, (iv.) any adjustment of rights, duties or liabilities required for the purposes of this Act, (v.) the actions of county councils, rural district councils, urban district councils, boards of health, committees and officers during the period between the passing of this Act and the appointed day; (d) make regulations respecting the procedure of local authorities in connection with the business imposed on or transferred to them by or in pursuance of any enactment (including this Act), and by any such regulations annul or vary the Local Government (Procedure of Councils) Order, 1899 (as amended by any provisional order duly confirmed) or any provision thereof; (e) where it appears to him that any Local Act contains any provisions similar to or inconsistent with the provisions of this Act, declare such provisions to be no longer in force.
\n
(2)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 either House of the Oireachtas within the next subsequent twenty-one days on which such House has sat after the order is laid before it annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.
\n
Repeals.
\n
87.—The enactments mentioned in the Seventh Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule.
\n
Short title and construction.
\n
88.—(1) This Act may be cited as the Local Government Act, 1925.
\n
(2)
\n
Part II
\n
. of this Act shall be construed as one with the Public Health (Ireland) Acts, 1878 to 1919.
\n
FIRST SCHEDULE.
\n
RULES FOR DETERMINING THE AREA OF CHARGE FOR LIABILITIES OF A RURAL DISTRICT COUNCIL.
\n
1.Liabilities incurred by the rural district council as sanitary authority for the rural district shall be charged as follows:— (a) liabilities which, but for the passing of this Act, would have been general expenses of the rural district council shall be charged on the area of the rural district; (b) liabilities which, but for the passing of this Act, would have been special expenses of the rural district council charged on a specified area shall be charged on such specified area.
\n
2.Any liabilities of a rural district council other than those provided for in Rule 1 shall be charged on the area of the rural district.
\n
SECOND SCHEDULE.
\n
RULES REGULATING THE PROCEEDINGS OF BOARDS OF HEALTH.
\n
1.A board of health shall consist of ten persons who shall be elected by the county council from amongst their members at the annual meeting of the council held next after a triennial election, and the election of such persons shall be part of the first business to be transacted at such annual meeting.
\n
2.The members of the board of health shall be elected as follows:— (a) for each county electoral area in the county health district one member of the board of health shall be elected from among the county councillors elected for that area; (b) of the other members (in this rule called additional members) any group of county councillors comprising the necessary number of such councillors may nominate a councillor to be a member of the board of health, and such member shall be elected on such nomination without any voting; (c) the remainder of the additional members shall be elected successively by a majority of the votes of the county councillors who are not members of any such group of county councillors as aforesaid; (d) the number of councillors necessary to form a group for the purposes of this rule shall be the number obtained by dividing the total number of county councillors present at the election by the number of additional members to be elected, or where the number so obtained is not a whole number, the whole number next greater than the number so obtained; (e) no county councillor may be a member of more than one group.
\n
3.The members of a board of health shall hold office until the day after the day when their successors are appointed under Rule 1 of this Schedule.
\n
4.The quorum of a board of health shall consist of three members.
\n
5.A member of a board of health who ceases to be, or is disqualified for being, a member of the county council by whom he was appointed, shall also cease to be, or be disqualified for being, a member of the board of health.
\n
6.Any member of the council of a county may with the consent of not less than one-fourth of the members of such council at any time notify the secretary of the council in writing of his intention to propose that the membership of any member of the board of health of a county health district in such county shall be terminated, and the secretary shall thereupon summon a special meeting of the county council for a date not later than one month from the receipt by him of such notification, and shall give to every member of the county council at least fourteen days' notice thereof, and in the event of a resolution being passed at such meeting approving of such proposal by a majority consisting of not less than two-thirds of the councillors present, the membership of such member of the board of health shall be thereupon terminated.
\n
7.The membership of any member of a board of health who, for a consecutive period of three months, has not attended a meeting of such board, shall thereupon be terminated and the county council, at their meeting next after the expiration of such period, shall appoint one of their members to fill the vacancy so created in the membership of the board of health.
\n
8.A member of a board of health may at any time resign his membership by writing signed by him and delivered to the secretary of the county council and to the secretary of the board of health, but such resignation shall not become effective until the meeting of the county council held next after the receipt of such writing.
\n
9.Every board of health shall hold one annual meeting in each year, and shall hold a meeting for the transaction of their business at least once in each month and at such other times as may be necessary for properly exercising their powers and performing their duties.
\n
10.The first meeting of a board of health after its election shall be an annual meeting, and an annual meeting shall be held in each subsequent year within one month after the anniversary of such election.
\n
11.At every annual meeting of a board of health the board shall elect a chairman, and may elect a vice-chairman, from amongst its members, who shall hold office until after the next annual meeting of the board.
\n
12.At every meeting of a board of health the chairman, if present, shall be chairman of the meeting. If the chairman is absent the vice-chairman shall be chairman of the meeting. If the chairman is absent and either no vice-chairman has been elected, or the vice-chairman is absent, such member of the board as the members then present shall choose shall be chairman of the meeting.
\n
13.The chairman at a meeting of a board of health shall have a second or casting vote.
\n
14.Casual vacancies occurring in a board of health shall be filled by the county council within one month after their occurrence, or within such further time as the Minister may allow, but where the casual vacancy is occasioned by a member of the board of health elected for an electoral area under paragraph (a) of Rule 2 of these Rules, the casual vacancy shall be filled from among county councillors elected in that electoral area.
\n
15.The conduct of the business and the order of the proceedings of a board of health shall be in accordance with regulations to be from time to time made by the Minister.
\n
16.The accounts of the receipts and expenditure of every board of health and its committees and officers shall be made up half-yearly to the 30th day of September and 31st day of March in each year, in such form as the Minister may prescribe, and shall be audited by such person as the Minister may appoint for that purpose.
\n
17.A board of health shall present to the county council as soon as practicable after the close of each half-year a summary account of its receipts and expenditure and a report upon the work of the board during the half-year.
\n
THIRD SCHEDULE.
\n
COMMITTEES TO BE ABOLISHED UNDER
\n
PART II
\n
. OF THIS ACT.
\n
Committees of Management appointed under section 5 of the Tuberculosis Prevention (Ireland) Act, 1908.
\n
Committees appointed for the purposes of the Midwives (Ireland) Act, 1918, under section 16 of that Act.
\n
Committees appointed under sub-section (4) of section 2 of the Blind Persons Act, 1920 .
\n
FOURTH SCHEDULE.
\n
ACTS TO APPLY THROUGHOUT SAORSTÁT EIREANN.
\n
Infectious Disease (Notification) Act, 1889.
\n
Infectious Disease (Prevention) Act, 1890.
\n
Public Health Acts Amendment Act, 1890 .
\n
Part III.
\n
Public Health Acts Amendment Act, 1907 .
\n
Parts IV. and V.
\n
Tuberculosis Prevention (Ireland) Act, 1908.
\n
Part I.
\n
FIFTH SCHEDULE.
\n
RULES FOR PAYMENT OF TRAVELLING EXPENSES TO MEMBERS OF COUNTY AUTHORITIES AND COMMITTEES.
\n
1.In these rules— the expressions “county authority” and “authorised committee” have the same meanings as in section 63 of this Act; the word “contribution” means a contribution payable under section 63 of this Act towards the travelling expenses of a member; the word “member” means a member of a county authority or an authorised committee.
\n
2.Every member shall, immediately after his election or appointment, communicate in writing to the county authority the address at which he ordinarily resides, which address is referred to in these rules as the official residence of such member.
\n
3.The contributions to be paid to a member shall be calculated on the length of the journey from the official residence of the member to the place of meeting of the county authority or authorised committee, and the mode of transport used for such journey.
\n
4.Where the journey from the official residence of a member to the place of meeting of the county authority or authorised committee could be made by more than one route or by different modes of transport, the journey shall, for the purposes of these rules, be deemed to have been made by the route and the mode of transport in respect of which the payment under these rules would be the least.
\n
5.There shall be paid to every member to whom a contribution is payable under section 63 of this Act, a sum calculated in the manner prescribed in the next rule in respect of each meeting of the county authority or authorised committee attended by him provided that no contribution shall be paid to any such member in respect of a meeting held at a place situate less than five miles by any route from his official residence.
\n
6.The sum payable under the preceding rule in respect of each meeting shall be calculated as follows, that is to say, four pence for each mile of the journey from the member's official residence to the place of meeting travelled by railway, and five pence for each mile of such journey travelled otherwise than by railway.
\n
SIXTH SCHEDULE.
\n
RULES FOR CONFIRMING PROVISIONAL ORDERS EMPOWERING LOCAL AUTHORITIES TO ACQUIRE LAND.
\n
1.A copy of the Provisional Order shall be served in the prescribed manner, together with a statement that the order will be confirmed and have the effect of an Act of the Oireachtas unless within the prescribed period a petition by some person interested is presented to the Minister or the Circuit Court having jurisdiction where the land to be acquired is situate praying that the order, or any specified part thereof, shall not become law without further enquiry.
\n
2.A copy of every petition to the Circuit Court under these Rules shall be forwarded by an officer of the Circuit Court to the Minister, and if the petition is withdrawn a notice to that effect shall also be so forwarded.
\n
3.If the Minister is satisfied that the prescribed regulations have been in all respects complied with, then after the prescribed period— (a) if no petition has been presented or if every such petition is withdrawn, the Minister shall, without further inquiry, confirm the Order; (b) if a petition has been presented to the Circuit Court and has not been withdrawn, then at the first sitting of that court held after the expiration of one week from the date of the presentation of the petition or of the prescribed period, whichever shall be the later, or at such later date as the court shall direct, the court shall hear the petition and determine all questions arising thereon, and may either confirm with or without amendment or disallow the order and may award costs to be paid by or to the petitioner or any party opposing the petition; (c) if no petition has been presented to the Circuit Court, but a petition has been presented to the Minister and has not been withdrawn, then, unless the local authority notify the Minister of their intention to withdraw their application for the order, or the part thereof, as the case may be, to which the petition relates, the Minister shall, after consideration of a full report of the evidence taken at the original inquiry and after such further local inquiry (if any) as he may deem necessary, either confirm with or without amendment or disallow the order.
\n
4.Where a petition has been presented under these Rules to the Minister or the Circuit Court, respecting a portion only of a provisional order, the Minister may divide the provisional order into two or three orders as follows:— (a) an order containing the portion of the original order to which no such petition relates; (b) an order containing the portion or portions of the original order to which any petition to the Circuit Court relates; (c) an order containing the portion or portions of the original order to which any petition to the Minister and no petition to the Circuit Court relates; and each of such new orders shall become absolute or be confirmed under these Rules as if such new order were originally made by the Minister as a separate order.
\n
5.Rules of court shall regulate the practice and procedure with respect to the presentation, withdrawal and hearing of petitions to the Circuit Court and for the costs incidental thereto.
\n
SEVENTH SCHEDULE.
\n
ENACTMENTS REPEALED Session and Chapter.
\n
Short Title.
\n
Extent of Repeal.
\n
6 and 7 Will. IV. c. 116 The Grand Jury (Ireland) Act, 1836 .
\n
Sections 1, 38, 50, 51, 52, 55 and 56; section 80, from “not exceeding one pound” to the end of the section; section 162.
\n
28 Vic. c. 26 The Union Officers Superannuation (Ireland) Act, 1865.
\n
The whole Act.
\n
32 & 33 Vic. c. 50 The Medical Officers Superannuation Act (Ireland), 1869.
\n
The whole Act.
\n
32 & 33 Vic. c. 79 The Local Officers Superannuation Act (Ireland), 1869.
\n
The whole Act.
\n
35 & 36 Vic. c. 89 The Union Officers (Ireland) Act, 1872.
\n
The whole Act.
\n
38 & 39 Vic. c. 56 The County Surveyors (Superannuation) Act (Ireland), 1875.
\n
The whole Act.
\n
48 & 49 Vic. c. 80 The Union Officers (Ireland) Act, 1885.
\n
The whole Act.
\n
61 & 62 Vic. c. 37 The Local Government (Ireland) Act, 1898 .
\n
Sub-section (2) of section 3, sections 8 and 11, save in so far as those sections apply to the City or County of Dublin; sub-section (2) of section 12; sub-sections (2), (6), (7) and (8) of section 27, save in so far as those sub-sections apply to the City or County of Dublin; sub-section (2) of section 82, save in so far as that sub-section applies to the City or County of Dublin; sub-section (11) of section 83; section 87. — The Local Government (Application of Enactments) Order, 1898.
\n
Sub-article (11) of article 12 of the Schedule.
\n
63 & 64 Vic. c. 41 The Local Government (Ireland) (No. 2) Act, 1900.
\n
The whole Act.
\n
9 Edw. VII. c. 32 The Health Resorts and Watering-Places (Ireland) Act, 1909.
\n
The whole Act.
\n
3 Edw. VII. c. 36 The Motor Car Act, 1903.
\n
Sub-section (2) of section 10.
\n
9 Edw VII. c. 47 The Development and Road Improvement Funds Act, 1909.
\n
Sub-section (2) of section 10.
\n
9 & 10 Geo V. c. 19 The Local Government (Ireland) Act, 1919.
\n
Section 8
\n
9 & 10 Geo. V. c. 21 The Ministry of Health Act, 1919.
\n
The whole Act.
\n
No. 9 of 1923.
\n
The Local Government (Temporary Provisions) Act, 1923 .
\n
Sections 12 and 14 .
\n
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