Local Government Act, 1941

Local Government Act, 1941 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 1941 Local Government Act, 1941 Local Government Act, 1941 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 23 of 1941. LOCAL GOVERNMENT ACT, 1941. ARRANGEMENT OF SECTIONS PART I. Preliminary and General. Section 1. Short title and collective citation. 2. Definitions. 3. Commencement. 4. Regulations. 5. Repeals. PART II. Offices and Employments Under Local Authorities. Chapter I. General. 6. Additional local authorities for purposes of this Part of this Act. 7. “Office.” 8. The appropriate Minister. 9. “Major office.” 10. General provision in relation to appointments, duties, and remunerations. 11. Directions to appoint officers. 12. Determination of certain doubts, etc. 13. Revocation and amendment of Orders, etc., under this Part of this Act. 14. Continuance of certain Orders. 15. Preservation of necessity for sanction of Minister for Finance. 16. Application of this Part of this Act to existing officers. 17. Exclusion of certain offices from this Part of this Act. 18. Repeal of certain powers and conditions. Chapter II. Provisions applicable to both major and other offices. 19. General Regulations in relation to offices and their holders. 20. Powers of appropriate Minister in relation to duties of office. 21. Qualifications for offices. 22. Inclusive remuneration. 23. Age limit. 24. Requisition to resign from office. 25. Removal from office by appropriate Minister. 26. Removal from office by local authority. 27. Suspension of officers. Chapter III. Provisions applicable to major offices only. 28. Restrictions on appointments to certain major offices. 29. Fixing by appropriato Minister of remuneration of major office. 30. Restriction on remuneration of major offices in certain cases. 31. Provisions applicable where holder of major office is appointed to another major office. 32. Amalgamation of major offices. PART III. Constitution and Procedure of Local Authorities. 33. Number of members of councils of counties. 34. Constitution and election of certain urban authorities. 35. Division of boroughs and urban districts into two or more electoral areas. 36. Aldermen of borough after uncontested election. 37. Failure to nominate sufficient persons to form quorum. 38. Insufficiency of nominations not resulting in failure to form quorum. 39. Conduct of elections, etc. 40. Failure to accept office. 41. Doing of acts and deciding of questions at meetings. 42. Casual vacancies in certain urban authorities. 43. Procedure at election of lord mayor, mayor or chairman PART IV. Removal from Office of the Members of a Local Authority. 44. Removal from office of the members of a local authority. 45. Holding of new election after removal of members. 46. Matters consequential on election petition. 47. Evidence of nomination. 48. Appointment of commissioners. 49. Exercise of powers, etc., by commissioners. 50. Tenure of office and remuneration of commissioners. 51. Dissolved local authorities. 52. Subsidiary bodies. 53. Orders enabling this Part of this Act to have full force and effect. 54. Adaptation of existing enactments. 55. Continuity of existence. PART V. Provisions in Relation to Rates. 56. Restriction on application of Local Government (Rates on Small Dwellings) Act, 1928. 57. Disqualification for non-payment of rates. 58. Discharge of rates by setting off. 59. Distress in respect of rates. 60. Amendment of rates. 61. Rating of divided hereditaments. 62. Giving of notices under this Part of this Act 7. PART VI. Provisions in Relation to Borrowing by Local Authorities. 63. Restrictions on application of limitations on borrowing. 64. Extension of Local Authorities (Financial Provisions) Act, 1921. 65. Amendment of sub-section (3) of section 3 of the Local Authorities (Financial Provisions) Act, 1921. 66. Borrowing by public assistance authorities. PART VII. Provisions Relating to Audit of Accounts, etc. 67. Additional local authorities for the purposes of this Part of this Act. 68. Preparation and audit of accounts. 69. Audit fees. 70. Amendment of section 12 of the Local Government (Ireland) Act, 1871. 71. Recovery of surcharges, etc. PART VIII. Approved Local Councils. 72. Approved local councils. 73. Provision of buildings, etc., for approved local councils. 74. Delegation of certain powers and duties to approved local councils. 75. Expenses of county council under this Part of this Act. PART IX. Miscellaneous. 76. Restriction on amount of allowances under Local Government (Ireland) Act, 1919. 77. Treasurer in the case of a county or other borough. 78. Reckoning of service in a temporary capacity. 79. Joint mental hospitals. 80. Travelling expenses of county councillors. 81. District electoral divisions. 82. Annuities and other payments to the Irish Land Commission or to the Commissioners of Public Works on land acquired by a local authority. 83. Local inquiries. 84. Returns, information, etc. 85. Power of inspector to visit premises. 86. Powers of inspectors and auditors to obtain evidence, etc. 87. Vaccination. 88. Contributions by urban authorities to approved associations. 89. Contributions to associations supplementing library services. 90. Appointment of first county managers and assistant county managers. FIRST SCHEDULE. SECOND SCHEDULE. THIRD SCHEDULE. Acts Referred to Local Government (Temporary Provisions) Act, 1923 No. 9 of 1923 Electoral Act, 1923 No. 12 of 1923 Electoral Abuses Act, 1923 No. 38 of 1923 Local Government Act, 1925 No. 5 of 1925 Local Authorities (Officers and Employees) Act, 1926 No. 39 of 1926 Local Elections Act, 1927 No. 39 of 1927 Local Government Act, 1927 No. 3 of 1927 Local Elections (Dissolved Authorities) Act, 1927 No. 14 of 1927 Old Age Pensions Act, 1932 No. 18 of 1932 Courthouses (Provision and Maintenance) Act, 1935 No. 18 of 1935 Pounds (Provision and Maintenance) Act, 1935 No. 17 of 1935 Local Government (Dissolved Authorities) Act, 1935 No. 41 of 1935 Local Government Act, 1931 No. 19 of 1931 Local Government (Rates on Small Dwellings) Act, 1928 No. 4 of 1928 County Management Act, 1940 No. 12 of 1940 Local Government (Temporary Provisions) (Amendment) Act, 1924 No. 13 of 1924 Waterford City Management Act, 1939 No. 25 of 1939 Public Assistance Act, 1939 No. 27 of 1939 Local Government Act, 1933 No. 5 of 1933 Local Government (Amendment) Act, 1934 No. 5 of 1934 Local Government (Amendment) (No. 2) Act, 1934 No. 44 of 1934 Local Government Act, 1936 No. 46 of 1936 Local Government (Amendment) Act, 1939 No. 9 of 1939 Number 23 of 1941. LOCAL GOVERNMENT ACT, 1941. AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO LOCAL GOVERNMENT AND TO MAKE CERTAIN AMENDMENTS IN THE LAW RELATING TO LOCAL GOVERNMENT. [23rd September, 1941.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— PART I. Preliminary and General. Short title and collective citation. 1.—(1) This Act may be cited as the Local Government Act, 1941. (2) This Act and the Acts mentioned in the First Schedule to this Act may be cited together as the Local Government Acts, 1925 to 1941. Definitions. 2.—(1) In this Act— the expression “the Minister” means the Minister for Local Government and Public Health; the expression “the Act of 1923” means the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923); the expression “the Act of 1925” means the Local Government Act, 1925 (No. 5 of 1925); the expression “the Act of 1926” means the Local Authorities (Officers and Employees) Act, 1926 , (No. 39 of 1926); the expression “the Act of 1927” means the Local Government Act, 1927 (No. 3 of 1927); the word “hereditament” includes a tenement; the word “prescribed” means prescribed by the Minister by regulations made under this Act. (2) Each of the following bodies (whether corporate or unincorporated) shall be a local authority for the purposes of this Act and the Acts which may be collectively cited with this Act, that is to say:— (a) a council of a county, a corporation of a county or other borough, a council of an urban district, a public assistance authority, commissioners of a town, a port sanitary authority, and (b) a committee or joint committee or board or joint board (whether corporate or unincorporated) appointed by or under statute to perform the functions or any of the functions of any of the bodies mentioned in the immediately preceding paragraph of this sub-section, and (c) a committee or joint committee or board or joint board (whether corporate or unincorporated), other than a vocational education committee or a committee of agriculture of or appointed by one or more of the bodies mentioned in paragraph (a) of this sub-section. (3) No body which by any enactment in force immediately before the commencement of this section is declared to be a local authority for the purpose of any particular provision of the Acts which may be collectively cited with this Act shall cease to be a local authority for such purpose by reason only of the provisions of the immediately preceding sub-section of this section. (4) Notwithstanding anything contained in this section, every reference in this Act to a meeting, member, committee, member of a committee, or meeting of a committee of a local authority shall, where the local authority in question is a corporation of a county or other borough, be construed as a reference to a meeting, member, committee, member of a committee, or meeting of a committee (as the case may be) of the council established by law in respect of such county or other borough. Commencement. 3.—This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act. Regulations. 4.—The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed. Repeals. 5.—The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. PART II. Offices and Employments Under Local Authorities. Chapter I. General. Additional local authorities for purposes of this Part of this Act. 6.—In addition to the bodies specified in sub-section (2) of section 2 of this Act, every sub-committee appointed by a local pensions committee under section 8 of the Old Age Pensions Act, 1908, shall be a local authority for the purposes of this Part of this Act. “Office”. 7.—In this Part of this Act the word “office”, when used without qualification, means an office under a local authority. The appropriate Minister. 8.—(1) Subject to the provisions of the next following sub-section of this section, the Minister shall be the appropriate Minister for the purposes of this Part of this Act. (2) Where, in the opinion of the Minister, the duties of a particular office or of offices of a particular class or description relate wholly or mainly to the functions of another Minister of State, the Minister may, with the consent of such other Minister, by order provide that such other Minister shall for the purposes of this Part of this Act be the appropriate Minister in relation to such office or offices and holders thereof and thereupon such other Minister shall for the said purposes be the appropriate Minister in relation to such office or offices and holders thereof. (3) Where a Minister of State, by virtue of an order under the immediately preceding sub-section of this section, is for the purposes of this Part of this Act the appropriate Minister in relation to any office or officer, such Minister shall not exercise in relation to the remuneration of such office or officer any power conferred on the appropriate Minister by this Part of this Act save after consultation with the Minister. (4) In this Part of this Act the expression “the appropriate Minister” means such Minister of State as is appropriate in each case having regard to the provisions of this section and the orders made thereunder. “Major office.” 9.—(1) In this Part of this Act the expression “major office” means any office declared to be a major office by a declaration made or deemed to have been made under this section. (2) The appropriate Minister may declare a specified office in relation to which he is the appropriate Minister or such of the offices in relation to which he is the appropriate Minister as belong to a specified class, description, or grade to be a major office or major offices (as the case may be). (3) Every order in force immediately before the commencement of this section whereby an office is prescribed by the Minister to be an office to which section 15 of the Act of 1923 applies shall, upon and after such commencement, be deemed to be a declaration made by the appropriate Minister under this section declaring such office to be a major office and to be capable of being revoked or amended accordingly. General provision in relation to appointments, duties, and remunerations. 10.—(1) Subject to the provisions of this Part of this Act— (a) every local authority may appoint such officers and employ such servants as are necessary for the performance of the functions for the time being of such local authority; (b) every officer appointed or servant employed by a local authority shall perform such duties and be paid such remuneration as such local authority may from time to time assign to him. (2) Any officer of a local authority who is aggrieved by a decision of such local authority in relation to his remuneration, duties, or conditions of service may appeal against such decision to the appropriate Minister in the prescribed manner and on notice to such local authority and the appropriate Minister, after consideration of such appeal and of the representations (if any) of such local authority in relation thereto, shall either (as he thinks proper) refuse such appeal or give to such local authority such direction as the appropriate Minister considers will remedy the grievance of such officer. (3) Any local authority to whom a direction is given under the immediately preceding sub-section of this section shall comply with such direction. Directions to appoint officers. 11.—The appropriate Minister may by order direct the kind and number of the officers to be appointed by a local authority for any purpose, and thereupon it shall be the duty of such local authority from time to time to appoint for that purpose such and so many (and no other) officers as may be necessary to conform with the requirements of such order. Determination of certain doubts, etc. 12.—Where any doubt, dispute, or question arises or, in the opinion of the Minister, is likely to arise as to whether any particular position under a local authority is or is not for the purposes of this Act or of any of the Acts which may be collectively cited with this Act an office or as to whether any particular person is or is not for any of the said purposes an officer, such doubt, dispute, or question shall be decided by the Minister and such decision shall be final. Revocation and amendment of Orders, etc., under this Part of this Act. 13.—Every power conferred by any section of this Part of this Act to make any order, regulation, direction, or declaration, shall be construed as including a power to revoke or amend any order, regulation, direction, or declaration made under such section. Continuance of certain Orders. 14.—Every order by whomsoever made which is lawfully in force immediately before the commencement of this section and which— (a) directs the kind or number of the officers to be appointed by a local authority for any purpose, or (b) determines the duties, conditions of service, or remuneration of any office, or (c) regulates the continuance in office of holders of any office, shall, from and after such commencement and in so far as it is not inconsistent with this Part of this Act, continue in force and be deemed to be made by the appropriate Minister under this Part of this Act and to be capable of being amended or revoked accordingly. Preservation of necessity for sanction of Minister for Finance. 15.—Notwithstanding anything contained in this Part of this Act, where, by any enactment in force immediately before the commencement of this section, the sanction of the Minister for Finance is required in fixing or altering the remuneration of any officer, the remuneration of such officer shall not be fixed or altered after the commencement of this section without the sanction of the said Minister. Application of this Part of this Act to existing officers. 16.—The fact that an officer is in office at the commencement of any section of this Part of this Act shall not be a ground for contending that such section does not apply in relation to such officer. Exclusion of certain offices from this Part of this Act. 17.—For the purposes of this Part of this Act, the following offices shall be deemed not to be offices under a local authority and every holder, as such, of any of those offices shall be deemed not to be an officer of a local authority, that is to say:— (a) the office of coroner, (b) the office under the Courthouses (Provision and Maintenance) Act, 1935 (No. 18 of 1935), of caretaker of courthouse accommodation, (c) the office under the said Act of assistant to the care-taker of courthouse accommodation, (d) the office under the Pounds (Provision and Maintenance) Act, 1935 (No. 17 of 1935), of pound-keeper, and (e) the office under the said Act of assistant to a pound-keeper. Repeal of certain powers and conditions. 18.—(1) In this section the expression “power to which this section applies” means a power to do any of the following things in relation to any office other than an office of county manager under a council of a county or an office of city manager under a corporation of a county borough, that is to say:— (a) to remove from office, (b) to fix or sanction remuneration, (c) to prescribe qualifications, (d) to assign duties, (e) to define or regulate conditions of service, (f) to require the giving of security or fix the amount or nature of such security, (g) to provide for the performance by deputy of duties. (2) So much of any enactment in force immediately before the commencement of this section as confers a power to which this section applies on any Minister of State, local authority, or other person is hereby repealed. (3) So much of any enactment in force immediately before the commencement of this section as imposes any conditions on the exercise of a power to which this section applies conferred on the appropriate Minister or a local authority by or under this Part of this Act is hereby repealed. Chapter II. Provisions applicable to both major and other offices. General Regulations in relation to offices and their holders. 19.—(1) The appropriate Minister may, for all or any of the following purposes, make regulations applying to all the offices in relation to which he is the appropriate Minister and their holders or to such of those offices as belong to a specified class, description, or grade and their holders, that is to say:— (a) determining remuneration, (b) regulating the payment and amount of travelling expenses, (c) determining hours of duty, (d) providing for records of attendance, (e) regulating the granting of sick and other leave and the payment of remuneration during leave, (f) requiring holders to give security for the due and proper performance of their duties and regulating the nature and amount of such security, (g) prescribing the procedure to be followed by local authorities in making appointments otherwise than on the recommendation of the Local Appointments Commissioners and in obtaining candidates when proposing to make appointments as aforesaid, (h) regulating continuance in and cesser of office, (i) fixing periods, upon the expiration of which in relation to holders respectively, they shall cease to hold office unless they have theretofore satisfied or complied with specified requirements or conditions, (j) providing, in case of holders being ill, absent, or incapacitated, for the performance by deputy of such of their duties as relate to the functions of a local authority. (2) Without prejudice to the provisions of the next following sub-section of this section, every regulation under this section shall have the force of law in accordance with its terms in relation to the offices and holders of offices to which such regulation applies. (3) The appropriate Minister may, subject to such conditions (if any) as he thinks proper, authorise a departure to be made in any particular case from any regulation under this section and thereupon it shall be lawful, subject to compliance with the said conditions (if any), to make in that particular case the departure so authorised. Powers of appropriate Minister in relation to duties of office. 20.—(1) The appropriate Minister may by declaration do all or any of the following things in respect of a specified office in relation to which he is the appropriate Minister or in respect of such of the offices in relation to which he is the appropriate Minister as belong to a specified class, description or grade, that is to say:— (a) define the duties of holders thereof, (b) assign a particular duty to holders thereof, (c) define the places or limits within which all or any of the duties of holders thereof are to be performed. (2) Every declaration made under this section shall have the force of law in relation to the office or offices in respect of which it was made and to holders thereof. Qualifications for offices. 21.—(1) The appropriate Minister may declare a qualification of any of the following classes or descriptions to be a qualification for a specified office in relation to which he is the appropriate Minister or for such of the offices in relation to which he is the appropriate Minister as belong to a specified class, description or grade, that is to say:— (a) qualifications relating to character, (b) qualifications relating to age, health, or physical characteristics, (c) qualifications relating to education, training, or experience, (d) qualifications relating to residence, (e) qualifications relating to sex, (f) the qualification that any woman holding the office in question be either unmarried or a widow. (2) The appropriate Minister shall not declare under this section that any qualification relating to sex is a qualification for any office unless he is of opinion that the duties of such office so require. (3) Before declaring under this section that any qualification is a qualification for any office to which the Act of 1926 applies, the appropriate Minister shall consult with the Local Appointments Commissioners. (4) Sub-sections (1) and (2) of section 7 of the Act of 1926 shall cease to have effect in relation to every office under a local authority, and every reference in that Act to the qualifications prescribed under that Act shall be construed in relation to every office under a local authority as a reference to the qualifications (if any) for the time being declared under this section to be the qualifications for such office. (5) For the purposes of the Act of 1926, none of the following qualifications shall be deemed to be professional or technical, that is to say:— (a) certification as a midwife, (b) registration as a nurse, (c) any qualification relating to training or experience as a nurse or midwife, (d) any qualification relating to the knowledge required by a nurse or midwife. (6) Subject to the provisions of the next following sub-section of this section, no person shall be appointed to any office for which any qualifications are for the time being declared under this section to be the qualifications unless he possesses those qualifications. (7) Whenever it is necessary to fill immediately any office for which any qualifications are for the time being declared under this section to be the qualifications and no suitable person possessing such qualifications is available for appointment, the appropriate Minister may, on the application of the local authority concerned, authorise an appointment, limited as to its duration to a specified period, to be made to such office without reference to such qualifications and thereupon such appointment may be so made, (8) A person appointed to any office in pursuance of an authorisation under the immediately preceding sub-section of this section shall (unless for any reason he has previously ceased to hold office) cease to hold office on the occurrence of whichever of the following events first occurs, that is to say:— (a) the expiration of the period specified in that behalf in such authorisation, (b) the appointment to such office of a person possessing the qualifications for the time being declared under this section to be the qualifications for such office. (9) For the purposes of this section, the fact that a person has been recommended by the Local Appointments Commissioners for appointment to any office shall be conclusive evidence that he possessed at the time of such recommendation the qualifications (if any) for the time being declared under this section to be the qualifications for such office. (10) The Local Appointments Commissioners shall, before recommending a person to a local authority for appointment to any office, satisfy themselves that such person possesses the requisite knowledge and ability for the proper discharge of the duties of such office. Inclusive remuneration. 22.—(1) Subject to the provisions of the next following sub-section of this section, where the remuneration payable to the holder of any office is fixed or altered by the appropriate Minister, the appropriate Minister may direct that such holder shall pay over to the local authority under which such office is held any fees or other moneys (other than such remuneration as so fixed or altered) payable to and received by such holder by virtue of such office or in respect of services which the holder of such office is required by or under any enactment to perform. (2) Where a person is for the time being the holder of a particular office, no direction shall, save with his consent, be given under this section in relation to such person as the holder of that office. (3) Where a direction has been given under this section for the payment to a local authority by the holder of an office of any fees or other moneys, it shall be the duty of such holder to account for and pay over to such local authority the said fees or moneys. (4) Where the holder of an office in relation to whom a direction under this section is given also holds an office under a Department of State, any fees or other moneys received by such holder by virtue of the latter office shall be deemed for the purposes of this section to be received by such holder by virtue of the former office. Age limit. 23.—(1) The appropriate Minister may declare any specified age to be the age limit for all the offices in relation to which he is the appropriate Minister or for such of those offices as belong to a specified class, description, or grade or for one or more specified such offices. (2) Every declaration under this section shall come into force six months after the day on which it is made. (3) Where a declaration under this section is for the time being in force in relation to any particular office, the following provisions shall have effect, that is to say:— (a) if on the day when such declaration comes into force there is a holder of such office and such holder, on that day, reaches or is older than the age specified in such declaration as the age limit for such office, such holder shall cease to hold such office on the said day when such declaration comes into force; (b) if on a day after the day when such declaration comes into force any holder of such office reaches the age specified in such declaration as the age limit for such office, such holder shall cease to hold such office on the said day after the day on which such declaration comes into force. (4) Any person who ceases under the immediately preceding sub-section of this section to hold an office shall, where necessary for the purposes of sub-section (1) of section 44 of the Act of 1925 or of any other enactment relating to the superannuation of officers of local authorities, be deemed to have become incapable of discharging the duties of such office with efficiency by reason of old age and shall, where necessary for the purposes of the Local Government (Ireland) Act, 1919, be deemed to have resigned such office with the consent of the Minister. Requisition to resign from office. 24.—(1) Where the appropriate Minister is satisfied— (a) that the holder of an office does not possess a qualification which before the appointment of such holder to such office, has been declared under this Part of this Act to be a qualification for such office, or (b) that, on account of any alteration (whether it has already occurred or is in contemplation) in the conditions of service or the nature or extent of the duties attached to such office, it is in the public interest that the holder of such office should resign therefrom, the appropriate Minister may require the holder of such office to resign within a specified period and, if such holder refuses to resign from such office or fails to resign from such office within the said period, may by order remove such holder from such office. (2) Subject to the provisions of the next following sub-section of this section every holder of an office who is required under this section to resign from such office within a specified period and has complied with such requirement in that period or has been removed from such office under this section shall, for the purposes of any enactment relating to superannuation or compensation for loss of office, be deemed to have been removed from such office for a cause other than misconduct or incapacity. (3) The provisions of the immediately preceding sub-section of this section shall not have effect in either of the following cases, that is to say:— (a) where the holder of an office is required under this section to resign therefrom by reason of his not possessing a qualification declared under this Part of this Act before his appointment to such office to be a qualification therefor; (b) where— (i) the holder of an office (in this paragraph referred to as the first office) is required under this section to resign therefrom within a specified period, and (ii) such holder either complies with such requirement in that period or is removed from the first office under this section, and (iii) the relevant local authority, before such resignation or removal (as the case may be) from the first office, offers to appoint such holder to another office the salary and emoluments of which are not less than those of the first office, and (iv) such holder, before his resignation or removal (as the case may be) from the first office, refused or failed to accept such appointment, and (v) the position of such holder would, in the opinion of the Minister, not be materially altered to his detriment if he were transferred from the first office to such other office. (4) For the purposes of the application of this section to a person holding office immediately before the commencement of this section, every (if any) qualification which was prescribed under the Act of 1926 for such office before the appointment of such person thereto shall be deemed to have been declared under this Part of this Act before such appointment to be a qualification for such office. Removal from office by appropriate Minister. 25.—(1) For the purposes of this section, the following shall be the statutory grounds for the removal of the holder of an office from such office, that is to say:— (a) unfitness of such holder for such office, (b) the fact that such holder has refused to obey or carry into effect any order lawfully given to him as the holder of such office, or has otherwise misconducted himself in such office, and, in this section, the expression “statutory grounds for removal from office” shall be construed accordingly. (2) Where the appropriate Minister is satisfied as a result of any local inquiry that any of the statutory grounds for removal from office exists as regards the holder of an office, the appropriate Minister may by order remove such holder from such office. (3) Where the appropriate Minister is of opinion that any of the statutory grounds for removal from office exists as regards the holder of an office, the appropriate Minister may send by post to such holder at the principal office of the local authority under which such holder holds such office a notice in writing stating the said opinion, and if the appropriate Minister, after the expiration of seven days from the sending of such notice and after consideration of the representations (if any) made to him by such holder, remains of the said opinion, he may by order remove such holder from such office. (4) Where the holder of an office is convicted of an offence which, in the opinion of the appropriate Minister, renders him unfit for such office, the appropriate Minister may by order remove such holder from such office. Removal from office by local authority. 26.—(1) The appropriate Minister may empower the relevant local authority to remove from office with the consent of the Minister the holder of any office and may define the procedure to be adopted and the conditions to be fulfilled in relation to the exercise of the power so conferred. (2) The powers conferred by this section on the appropriate Minister shall be exercised by means of regulations applying to all the offices in relation to which he is the appropriate Minister or to such of those offices as belong to a specified class, description, or grade. (3) Every local authority to which any regulations under this section apply shall, subject to the terms of such regulations, have the powers of removal from office specified therein. Suspension of officers. 27.—(1) Whenever in respect of the holder of an office under a local authority there is, in the opinion of such local authority or of the appropriate Minister, reason to believe that such holder has failed to perform satisfactorily the duties of such office or has misconducted himself in relation to such office or is otherwise unfit to hold such office, such local authority or the appropriate Minister (as the case may be) may suspend such holder from the performance of the duties of such office while such alleged failure, misconduct, or unfitness is being inquired into and the disciplinary action (if any) to be taken in regard thereto is being determined. (2) The appropriate Minister may terminate a suspension under this section and every such suspension shall continue until so terminated. (3) Whenever the holder of an office under a local authority is suspended under this section, he shall forthwith hand over to such local authority all books, deeds, contracts, accounts, vouchers, maps, plans and other documents in his possession, custody, or control which relate to such office. (4) The holder of an office who is suspended under this section shall not be paid any remuneration in respect of such office during the continuance of his suspension and, upon the termination of his suspension, the remuneration which he would, had he not been suspended, have been paid during the period of suspension shall be wholly or partly forfeited, or paid to him, or otherwise disposed of, as the appropriate Minister shall direct. (5) Nothing in this section shall be construed as removing any restriction under any enactment in force immediately before the commencement of this section or coming into force at the same time as such commencement on the exercise of the power to suspend a city manager or a county manager. (6) Section 11 of the Act of 1926 shall cease to have effect in relation to officers and servants of local authorities. Chapter III. Provisions applicable to major offices only. Restrictions on appointments to certain major offices. 28.—(1) No appointment to which this section applies shall be made by a local authority without the previous sanction of the appropriate Minister unless such appointment is an appointment (in this section referred to as a provisional appointment) made on the basis that, if and when the appropriate Minister refuses to sanction such appointment, the person appointed shall forthwith cease to hold office. (2) Where a local authority make a provisional appointment the following provisions shall have effect, that is to say:— (a) such local authority shall forthwith seek the sanction of the appropriate Minister to such appointment, (b) the appropriate Minister shall thereupon, as he thinks proper, give or refuse to give such sanction, (c) if the appropriate Minister gives such sanction, such appointment shall become final with effect as from the date on which it was made by such local authority, and (d) if the appropriate Minister refuses to give such sanction, the person appointed shall forthwith cease to hold office. (3) This section applies to every appointment to a major office which is not made on a recommendation by the Local Appointments Commissioners of the appointment of one person only. Fixing by appropriato Minister of remuneration of major office. 29.—The appropriate Minister may by order fix the amount and nature of the remuneration of holders of a specified major office and such order shall have the force of law in accordance with its terms in relation to such office and holders thereof and, if and in so far as it conflicts with any regulation made under this Part of this Act, shall override such regulation. Restriction on remuneration of major offices in certain cases. 30.—Where in relation to any major office regulations under this Part of this Act determining the remuneration of holders are not for the time being in force, a local authority shall not fix or alter the remuneration of holders generally or of any particular holder of the said office without the sanction of the appropriate Minister. Provision applicable where holder of major office is appointed to another major office. 31.—(1) Where a person who is the holder of a major office (in this sub-section referred to as the first office) is appointed with his consent to another major office, such person shall thereupon cease to hold the first office unless before such appointment the appropriate Minister in relation to the first office consented to such person continuing to hold the first office in the event of his being appointed to such other major office. (2) A person who under this section ceases to hold a major office shall not be entitled to any compensation for the loss of such office, but shall be entitled for the purposes of the enactments relating to superannuation to reckon his period of service in such office and his period of service in the other major office to which he is appointed as one continuous period of service. Amalgamation of major offices. 32.—(1) Where the same Minister is the appropriate Minister in relation to any particular major offices, such Minister may, subject to the provisions of this section and after consultation with the local authority or local authorities concerned, by order amalgamate the said offices, and thereupon the said offices shall be deemed for all purposes to be one office. (2) Offices shall not be amalgamated under this section unless— (a) each of the said offices is vacant, or (b) each of the said offices is held by the same person, or (c) one only of such offices being not vacant, the holder thereof consents to the making of such order, or (d) in any other case, the same person holds each of such of the said offices as are not vacant and such person consents to the making of such order. (3) Where offices amalgamated under this section are not all under the same local authority, the appropriate Minister may by order provide for appointments to the amalgamated office being made by a specified one of the local authorities concerned and for the payment in specified proportions by such local authorities of the remuneration of such office. PART III. Constitution and Procedure of Local Authorities. Number of members of councils of counties. 33.—(1) Before the elections held next after the commencement of this section of members of councils of counties, the Minister shall by order or by two or more orders— (a) fix the total number of the members of every council of a county, and (b) divide every county into county electoral areas, and (c) fix in respect of every county, the number of members of the council of such county to be elected from every county electoral area in such county. (2) The total number of the members of the council of a county fixed by an order under this section shall be— (a) where immediately before the commencement of this section the total number of members of such council is a number less than thirty, a number not less than twenty, and (b) in any other case, a number not less than two-thirds of the total number of members of such council immediately before such commencement. (3) On and after the ordinary day of retirement of members of councils of counties next after the commencement of this section, the total number of members of the council of each county shall be the number fixed in that behalf by order under this section. (4) The division of a county into county electoral areas made by an order under this section shall have effect for the purposes of the elections held next after the commencement of this section of members of councils of counties and thereafter. (5) The number of members of the council of each county to be elected for each county electoral area in such county at any election held after the commencement of this section shall be the number fixed in that behalf by order under this section. (6) Nothing in this section shall be construed as preventing or restricting any alteration under Article 25 of the Schedule to the Local Government (Application of Enactments) Order, 1898 of the number of members of the council of any county. (7) The Minister may by order amend or modify any division made by an order under this section (including an order under this sub-section) of any county into county electoral areas or alter the number of members of the council of any county to be elected by virtue of an order under this section (including an order under this sub-section) from any county electoral area in such county, and every such amendment modification, or alteration shall have effect for the purposes of the elections held next after the making of such amendment, modification or alteration and thereafter. Constitution and election of certain urban authorities. 34.—(1) In this section the word “borough” does not include a county borough or the borough of Dun Laoghaire or the borough of Galway. (2) Before the elections held next after the commencement of this section of members of councils of boroughs, councils of urban districts, and commissioners of towns, the Minister shall by order fix the total number of the members of every such council or commissioners and, on and after the fifth day after the day which is fixed for the holding of the said elections, and for the purposes of the said elections, the number of such members shall be the number so fixed. (3) Subject to the provisions of the next following section, at every election of the members of any council of a borough, council of an urban district, or commissioners of a town there shall be one electoral area which shall consist of such borough, urban district, or town (as the case may be), and all such members shall be elected for such electoral area. (4) Subject to the provisions of the next following section, there shall be four aldermen for every borough. (5) Nothing in this section shall be construed as preventing or restricting any alteration under Article 26 of the Schedule to the Local Government (Application of Enactments) Order, 1898, of the number of members of the council of any urban district or borough. Division of boroughs and urban districts into two or more electoral areas. 35.—(1) In this section the word “borough” does not include a county borough or the borough of Dun Laoghaire or the borough of Galway. (2) The Minister may by order divide any borough or urban district into two or more local electoral areas and fix the number of the members of the council of such borough or urban district to be elected for each such area. (3) The division of a borough or urban district into two or more local electoral areas made by an order under this section shall have effect for the purposes of the election held next after the making of such order and thereafter. (4) The number of members of the council of a borough or urban district to which an order under this section relates to be elected for each local electoral area at any election held after the making of such order shall be the number fixed in that behalf by such order. (5) In every borough in respect of which an order under this section is in force, there shall, as from the election held next after the making of such order, be two aldermen for and elected from every local electoral area in such borough. (6) The Minister may by order revoke, amend or modify an order under this section (including an order under this sub-section), and every such revocation, amendment or modification shall have effect for the purposes of the election held next after the making of such revocation, amendment, or modification and thereafter. Aldermen of borough after uncontested election. 36.—Where at an election of members of the council established by law in respect of any county or other borough (not being the Borough of Dun Laoghaire), no poll is taken in any particular borough electoral area the number of aldermen of such borough elected from such borough electoral area shall be the same number as if such poll had been taken and such council shall determine which of the members elected from such borough electoral area shall be such aldermen. Failure to nominate sufficient persons to form quorum. 37.—(1) Where at the nomination of candidates at an election of members of a local authority either no candidates are duly nominated or the candidates duly nominated are less in number than the quorum for meetings of such local authority, such election shall not be proceeded with and Part IV of this Act shall have effect in relation to such local authority as if on the day on which such election was to have been held the members thereof had been removed from office under the said Part IV or, if such election is a new election within the meaning of the said Part IV, had again been removed from office under the said Part IV. (2) Where in pursuance of sub-section (1) of this section an election is not proceeded with and such election would have been proceeded with but for a decision of the returning officer refusing to accept one or more nominations of candidates, the decision of the returning officer in respect of such nomination or any of such nominations (as the case may be) may be questioned by an election petition. (3) Where the court trying an election petition in relation to an election of members of a local authority declares that by reason of a deficiency in the number of candidates duly nominated such election should not have been proceeded with, the following provisions shall have effect, that is to say:— (a) the said election shall be deemed not to have been held andthe persons elected at such election shall be deemed not to have come into office; (b) every act done during the period between the completion of such election and the determination of such election petition which was done by the persons or any one or more of the persons declared elected at such election and which purported to be an act of such local authority or an act done by virtue of the membership of such local authority of such one or more persons (as the case may be) shall be as valid and effectual as if all the persons declared elected at such election had been validly elected and qualified to act as members of such local authority; (c) every such act which was done by an individual person declared elected at such election and subsequently declared appointed to the office of chairman, lord mayor, or mayor of such local authority and which purported to be an act done by virtue of the said office shall be as valid and effectual as if all the persons declared elected at such election had been validly elected and qualified to act as members of such local authority and such individual person had been validly appointed to the said office; (d) subject to the provisions of this sub-section, Part IV of this Act shall have effect in relation to such local authority as if on the day on which such election was held the members thereof had been removed from office under the said Part IV or, if such election was a new election within the meaning of the said Part IV, had again been removed from Office under the said Part IV. (4) Where the returning officer at an election of members of a local authority refuses to accept one or more nominations and by reason of such decision such election is not proceeded with and a court trying an election petition questioning such decision declares that such decision was wrong and that such election should have been proceeded with, the following provisions shall have effect, that is to say:— (a) Part IV of this Act shall be deemed to have been in force pursuant to sub-section (1) of this section in relation to such local authority from the day on which such election was to have been held and shall continue so in force until the coming into office of the persons elected at the election held in accordance with the next following paragraph of this sub-section; (b) the Minister shall, as soon as may be after the determination of such election petition, fix a day for the holding of an election of members of such local authority and such election shall be held on that day. Insufficiency of nominations not resulting in failure to form quorum. 38.—Where, by reason of a deficiency in the number of candidates duly nominated in one or more electoral areas, the candidates who can be elected at an election of members of a local authority are less in number than the full number of members capable of being elected at such election but are not less in number than the quorum for meetings of such local authority, such local authority shall be validly constituted by virtue of such election notwithstanding the vacancies arising from such deficiency and such vacancies shall be regarded for all purposes (including the purposes of this Act) as casual vacancies caused by refusals immediately after such election to take office and shall be filled accordingly. Conduct of elections, etc. 39.—In lieu of sub-article (3) (repealed by this Act) of Article 5 of the Schedule to the Local Government (Application of Enactments) Order, 1898, it is hereby enacted that, at every election regulated by rules framed under the said Order, the poll shall be taken by ballot and the enactments set out in the Third Schedule to this Act shall to the extent mentioned in the said Schedule and subject to any adaptations, alterations, and exceptions made by such rules, apply in respect of such election in like manner as they apply in respect of a municipal election. Failure to accept office. 40.—(1) Where any person, who is elected or chosen to be a member of a local authority and who is required by any enactment in force immediately before the commencement of this section to accept office as such member by making and subscribing within a limited period a declaration accepting such office, does not so accept such office, the following provisions shall apply and have effect, that is to say:— (a) such person shall be deemed to have refused such office, and (b) such office shall be vacant and shall, for the purposes of every provision (including provisions contained in this Act) relating to casual vacancies in the membership of such local authority, be deemed to have become vacant by the resignation of its holder on the last day of the said period. (2) Every provision in any enactment whereby a person, who fails in the manner mentioned in the immediately preceding sub-section of this section to accept office as a member of a local authority, is liable to pay a fine shall cease to have effect. Doing of acts and deciding of questions at meetings. 41.—Notwithstanding anything contained in any enactment in force immediately before the commencement of this section or commencing at the same time as this section— (a) any act which, by virtue of any such enactment, may be done at a duly constituted meeting of a local authority by a majority of the members present at such meeting, may be done by a majority of those members who vote at such meeting for and against the doing of such act, and (b) any question which, by virtue of any such enactment may be decided at a duly constituted meeting of a local authority by a majority of the members present at such meeting, may be decided by a majority of those members who vote at such meeting on the decision of such question. Casual vacancies in certain urban authorities. 42.—(1) Where a vacancy (in this section referred to as a casual vacancy) occurs in the membership of the council of a borough (not being a county borough or the borough of Dun Laoghaire) or of the council of an urban district or of the commissioners of any town by reason of the death, resignation, disqualification, or refusal to accept office of a member thereof, such vacancy shall be filled by such council or board after due notice at their next meeting after the expiration of one month from the occurrence of such vacancy or as soon thereafter as circumstances permit. (2) Every person chosen under this section to fill a casual vacancy shall, unless he sooner dies, resigns, or becomes disqualified, or unless he refuses to accept office, hold office for the residue of the term for which the member occasioning such vacancy would have held office had he not died, resigned, become disqualified, or refused to accept office (as the case may be). (3) Every person chosen under this section to fill a casual vacancy in the membership of the council of a borough shall hold office as a councillor whether the member of such council occasioning such vacancy was an alderman or a councillor. (4) During the period of office of a person chosen under this section to fill a casual vacancy in the membership of the council of a borough occasioned by the death, resignation, disqualification, or refusal to accept office of an alderman the number of aldermen of such borough shall be reduced by one. Procedure at election of lord mayor, mayor or chairman. 43.—(1) At an election of a lord mayor or mayor of a county or other borough or of the chairman of any local authority, the following provisions shall apply and have effect, that is to say:— (a) the proceedings shall begin by a member or members being proposed and seconded and no person who is not then proposed and seconded shall be a candidate; (b) where there is only one candidate, such candidate shall be elected; (c) where there are more than two candidates, a poll shall be taken; (d) if at such poll a majority of the members present vote for any particular candidate, such candidate shall be elected; (e) if at such poll no candidate receives the votes of a majority of the members present, the candidate receiving the least number of votes shall be eliminated and, subject to the provisions of paragraph (g) of this sub-section, one or more further polls (according as may be necessary) shall be taken; (f) paragraphs (d) and (e) of this sub-section shall apply in relation to such further poll or polls; (g) where there are only two candidates or where, as a result of one or more polls taken under this sub-section, all the candidates except two have been eliminated, the question as to which of such candidates shall be elected shall be put to the members present and whichever of such candidates receives the greater number of votes on such question shall be elected; (h) if from an equality of votes given to two or more candidates any question arises under this sub-section as to which of such candidates is to be eliminated or as to which of such candidates is to be elected, such question shall be decided by lot. (2) A candidate for election as a lord mayor or mayor of a county or other borough or as the chairman of any local authority shall not be deemed to have a pecuniary interest in such election by reason of the fact that a salary attaches to the office of such lord mayor, mayor, or chairman, and accordingly such candidate may vote and take part in the proceedings at such election. PART IV. Removal from Office of the Members of a Local Authority. Removal from office of the members of a local authority. 44.—(1) If and whenever— (a) the Minister, after holding a local inquiry into the performance by a local authority of their duties, is satisfied that such duties are not being duly and effectually performed, or (b) a local authority refuses or neglects to comply with a judgment, order, or decree of any court, or (c) a local authority refuses after due notice to allow their accounts to be audited by an auditor of the Minister, or (d) the members of a local authority capable of acting are less in number than the quorum for meetings of such local authority, the Minister may by order remove from office the members of such local authority. (2) In this Part of this Act every reference to a removal from office shall be construed as a reference to a removal from office under this section. Holding of new election after removal of members. 45.—(1) The Minister shall fix a day for the holding of an election (in this Part of this Act referred to as a new election) of members of any local authority of which the members have been removed from office and such election shall be held on that day. (2) The day fixed under this section for the holding of a new election shall be— (a) in case the period of three ye …