No. 44/1934:

LOCAL GOVERNMENT (AMENDMENT) (No. 2) ACT, 1934

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title, citation, and construction.

2 Definitions.

3 Expenses of the Minister.

4 Public inquiries.

PART II DIVISION OF COUNTIES INTO TWO OR MORE COUNTY HEALTH DISTRICTS

5 Dividing orders.

6 Alteration of number of members of the county council.

7 Alteration of county electoral areas.

8 Effect of a dividing Order.

9 The boards of health of new districts.

PART III PROVISIONS CONSEQUENTIAL ON THE DIVISION OF A COUNTY INTO HEALTH DISTRICTS

10 Application and interpretation of this Part of this Act.

11 Transfer of property of existing board.

12 Transfer of liabilities of existing board.

13 Areas of charge for liabilities of existing board.

14 Paying orders of existing board.

15 Transfer of special powers of existing board.

16 Preservation of continuing contracts.

17 Continuance of bye-laws, etc.

18 Continuance of resolutions, etc.

19 Continuance of pending legal proceedings.

20 Admissibility in evidence of books of existing board.

21 Audit of accounts of existing board.

22 Provisions in regard to officers of existing board.

23 Adjustment Orders.

AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE ESTABLISHMENT OF MORE THAN ONE COUNTY HEALTH DISTRICT IN A COUNTY, AND TO PROVIDE FOR MATTERS CONSEQUENTIAL ON OR CONNECTED WITH SUCH ESTABLISHMENT, AND FOR THOSE PURPOSES TO AMEND THE LOCAL GOVERNMENT ACTS, 1925 TO 1933.

[21st December, 1934.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

1.—(1) This Act may be cited as the Local Government (Amendment) (No. 2) Act, 1934 .

(2) The Principal Acts and this Act may be cited together as the Local Government Acts, 1925 to 1934.

(3) This Act shall be construed as one with the Principal Acts.

2.—In this Act—

the expression "the Minister" means the Minister for Local Government and Public Health;

the expression "the Principal Acts" means the Local Government Acts, 1925 to 1933;

the expression "the Act of 1925" means the Local Government Act, 1925 (No. 5 of 1925).

3.—All expenses incurred by the Minister in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

4.—(1) The Minister may before exercising any power conferred on him by this Act hold a public inquiry into the matter which is the subject of such exercise of such power.

(2) Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply in respect of every public inquiry held under this section of this Act in like manner as the said Article applies in respect of the local inquiries mentioned therein.

PART II DIVISION OF COUNTIES INTO TWO OR MORE COUNTY HEALTH DISTRICTS

5.—(1) On the request at any time (whether before or after the passing of this Act) of the council of a county, the Minister may, if he so thinks fit, make an order (in this Act referred to as a dividing order)—

( a ) declaring that there shall be, as from the commencement of such order, a specified number (not less than two) of rural sanitary districts in such county, and

( b ) specifying the portion of such county which is to be included in and constitute each such rural salutary district and, so far as may be requisite, defining the boundaries of each such rural sanitary district, and

( c ) appointing a day, not less than three months after the date of such order, to be the appointed day for the purposes of such order.

(2) Every dividing order shall come into operation on the day which is appointed by such order to be the appointed day for the purposes thereof.

6.—(1) Whenever the Minister has made a dividing order, he may, if he so thinks fit on the request of the council of the county to which such dividing order relates, by order, made at any time before the day which is the appointed day for the purposes of such dividing order, alter in such manner as he shall think fit the number of members of such council.

(2) An order made by the Minister under this section shall, without any confirmation by the Oireachtas, come into operation and have effect on and after the first election of the members of the council to which such order relates held after the said appointed day.

7.—(1) Where the Minister has made a dividing order and either or both of the following circumstances exist, that is to say:—

( a ) one or more of the county electoral areas in the county to which such dividing order relates is, at the date of is such order, situate partly in one and partly in another or others of the new rural sanitary districts constituted by such order, and

( b ) the Minister has altered, under the power in that behalf conferred on him by this Act, the number of members of the council of such county,

the Minister or shall, in exercise of the powers in that behalf vested in him by section 1 of the Local Government (Ireland) Act, 1919, make a new division of the said county into county electoral areas and shall so make such division that every county electoral area in such county shall be wholly within one or other of the said new rural sanitary districts.

(2) Whenever the Minister, in pursuance of this section, divides a county into county electoral areas he shall fix the number of the members of the council of such county to be elected for each such county electoral area.

8.—Whenever the Minister has made a dividing order the following, provisions shall, on and from the day which is the appointed day for the purposes of such order, have effect in relation to the county to which such order relates, that is to say:—

( a ) the area of such county which is, at the date of such order, a rural sanitary district shall cease to be a rural sanitary district;

( b ) there shall be constituted by virtue of such order in such county the number of rural sanitary districts specified in such order, and each such rural sanitary district shall contain the portion of such county specified in that behalf in such order;

( c ) the council of such county shall be the sanitary authority for each of the said rural sanitary districts so constituted;

( d ) each of the said rural sanitary districts shall be a county health be the within the meaning of the Principal Acts and shall be called by the name of the "county Health District of ..............................." (with the addition of the name of the county and such distinguishing name as the Minister shall direct);

( e ) subject to the provisions of this Act, the Principal Acts shall apply and have effect in and in relation to every such rural sanitary district and county health district as if such district had been constituted by an order made under sub-section (2) of section 9 of the Act of 1925;

( f ) if there is a board of public health in and for such county at the date of such order, such board be dissolved and cease to exist.

9.—(1) Rules 1, 2, 6, 7, and 8 of the Second Schedule to the Act of 1925 shall not apply or have effect in relation to the board of health of a county health district constituted under this Act.

(2) The board of health of every county health district constituted under this Act shall—

( a ) on and from the day which is the appointed day for the purposes of the relevant dividing order until the first annual meeting of the council of the county in which such county health district is situate held after the election of the members of such council held next after the date of the said dividing order, consist of such and so many members as such council shall direct and shall elect from amongst their members, and

( b ) from and after the said first annual meeting, consist of the members of such council elected for the county electoral area or areas comprised in such county health district.

PART III PROVISIONS CONSEQUENTIAL ON THE DIVISION OF A COUNTY INTO HEALTH DISTRICTS

10.—(1) Whenever the Minister has made a dividing order, this Part of this Act shall, as on and from the day which is the appointed day for the purposes of such order, come into operation and apply and have effect in relation to the county to which such order relates, and accordingly the following expressions have in the subsequent sections of this Part of this Act the meanings hereinafter assigned to them respectively, that is to say:—

the expression "the dividing order" means the said dividing order the making of which occasions the coming into operation of this Part of this Act;

the expression "the county" means the county to which the said dividing order relates;

the expression "the council" means the council of the said county;

the expression "the existing district" means the county health district existing in the said county at the date of the said dividing order;

the expression "the existing board" means the board of public health or the board of health and public assistance (as the case may be) for the said county health district so existing as aforesaid;

the expression "new district" means a county health district constituted in pursuance of the said dividing order;

the expression "the appointed day" means the day which is the appointed day for the purposes of the said dividing order.

(2) Without prejudice to or derogation from the operation and effect of the provision contained in this Act requiring this Act to be construed as one with the Principal Acts, it is hereby declared that the expression "joint district" has in this Part of this Act the meaning given to it in sub-section (2) of section 1 of the Local Government Act, 1927 (No. 3 of 1927), and that the proviso to that sub-section shall have effect accordingly.

11.—(1) Save as is otherwise provided by this section, a property whether real or personal (including choses-in-action) which immediately before the appointed day is vested in or belongs to or is held in trust for the existing board and all rights, powers, and privileges relating to or connected with any such property shall, on the appointed day and without any conveyance or assignment but subject here necessary to transfer in the books of any bank, corporation, or company, become and be vested in or the property of or held in trust for the council, for all the estate, term or interest for which the same immediately before the appointed day was vested in or belonged to or was held in trust for the existing board, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

(2) Any property, right, power, or privilege which becomes vested in or the property of or held in trust for the council under this section may, on or after the appointed day, be conveyed or transferred by the council by order under their seal to the board of public health or the board of health and public assistance (as the case may be) of a new district, and every such order shall operate as an effective conveyance or transfer of such property, right, power, or privilege, according to the terms of such order, but such order shall not require to be stamped as a conveyance or transfer of property.

(3) Where the existing board is a board of health and public assistance, this section shall not operate to convey or transfer to the council any property, right, power, or privilege used by the existing board in the performance of its functions for the relief of the poor, or vested in or held in trust by that board for use in such performance.

(4) If any doubt, dispute or question shall arise whether any particular property right, power or privilege is excluded by the next preceding sub-section of this section from the conveyance or transfer effected by this section, such doubt, dispute or question shall be decided by the Minister, whose decision thereon shall be final.

12.—(1) Save as is otherwise provided by this section, every debt and other liability (including stock and mortgage debts and also including unliquidated liabilities arising from torts or breaches of contract) which, immediately before the appointed day, is owing and unpaid or has been incurred and is undischarged by the existing board shall, on and from the appointed day, become and be the debt or liability of the council and shall he paid or discharged by and may be recovered from or enforced against the council accordingly.

(2) Where the existing board is a board of health and public assistance, this section shall not operate to transfer to the council any debt or liability which was incurred by the existing board in the performance of its functions for the relief of the poor.

(3) If any doubt, dispute, or question shall arise whether any particular debt or liability is excluded by the next preceding sub-section of this section from the transfer to the council effected by this section, such doubt, dispute or question shall be decided by the Minister, whose decision thereon shall be final.

(4) The transfer to the council by this section or any debt or liability shall not affect the chargeability of the expenses of paying or discharging such debt or liability.

(5) Where the area of charge for the expenses incurred by the council in the payment or discharge of a debt or liability of the existing board is co-terminous with or wholly within a new district, all payments made by the council in payment, or discharge of such debt or liability shall be made through and by the board of health for such new district.

13.—(1) The following provisions shall apply in respect of the area of charge for any expenses incurred by the council in the payment of a liability of the existing board incurred in the execution of the Labourers (Ireland) Acts, 1883 to 1931, (including the expenses of repaying loans borrowed for the purposes of those Acts), that is to say:—

( a ) where such liability was incurred before the 1st day of April, 1933, such expenses shall be charged on the new district in which is situate the area upon which such expenses were charged at the date on which they were so incurred; or, if such area is situate in more than one new district, on such new districts in proportion to the valuation of the portion of such area situate in each such new district respectively;

( b ) where such liability was incurred on or after the 1st day of April, 1933, so much of such expenses as was incurred for the purpose of the provision of cottages in an area forming part of a new district or in relation to any cottages so provided in such an area shall be charged on such new district.

(2) Subject to the provisions of the next preceding sub-section of this section and to any agreed adjustments made under this Act and without prejudice to any power of altering an area of charge for the time being exercisable under any other Act (whether passed before or after this Act) the expenses of repaying any liability of the existing board which is transferred to the council by this Part of this Act shall, on and after the appointed day, be charged on the area on which it was charged immediately before the appointed day.

(3) If any doubt, dispute, or question shall arise as to the area of charge for the expenses of repaying any liability of the existing board which is transferred to the council under this Act, such doubt, dispute or question shall be decided by the Minister whose decision thereon shall be final.

14.—The abolition of the existing board or the transfer of any of its powers by this Act shall not invalidate or affect any paying order which may have been issued by the existing board and not presented for payment before the appointed day nor any authority given by the existing board for the payment of the amount of such paying order, and the council shall make arrangements for the payment of every such paying order or, where the existing board is a board of health and public assistance, of every such paying order which is issued in settlement of a liability incurred for any purpose other than the relief of the poor, upon due presentation within a reasonable time after the appointed day.

15.—(1) Save as is otherwise provided by this section, every power, right, privilege, or authority conferred on or vested in the existing board by or under any contract, agreement, or licence and in existence immediately before the appointed day shall, on the appointed day and in so far as it is to be exercised in or in relation to a new district or the joint district which is coterminous with or includes a new district, become and be transferred to and vested in and shall thenceforth be exercisable by by the board of health for such new district.

(2) Where the existing board is a board of health and public assistance this section shall not operate to transfer any power, right, privilege, or authority conferred on or vested in the existing board in relation to the performance of its functions for the relief of the poor.

(3) If any doubt, dispute, or question shall arise whether any particular power, right, privilege, or authority is excluded by the next preceding sub-section of this section from the transfer effected by this section, such doubt, dispute, or question shall be decided by the Minister, whose decision thereon shall be final.

16.—(1) Save as is otherwise provided by this section, every bond, guarantee, or other security of a continuing character made or given by the existing board to another person or by any person to the existing board and in force immediately before the appointed day and every contract or agreement in writing made between the existing board and another person and not fully executed on the appointed day shall, notwithstanding the abolition of the existing board or the transfer of powers from the existing board (as the case may be) by this Act, continue in force on and after the appointed day but shall, in so far as it relates to a new district or to a joint district which is coterminous with or includes a new district, be construed and have effect as if the name of the board of health of such new district were substituted therein for the name of the existing board, and such security, contract, or agreement shall be enforceable by or against the board of health of such new district accordingly.

(2) Where the existing board is a board of health and public assistance this section shall not affect the construction or enforcement of any particular security, contract, or agreement made or accepted or entered into by the existing board in the performance of its functions for the relief of the poor.

(3) If any doubt, dispute, or question shall arise, whether the construction or enforcement of any particular security, contract or agreement is prevented by the next preceding sub-section of this section from being affected by this section, such doubt, dispute, or question shall be decided by the Minister whose decision thereon shall be final.

17.—(1) Save as is otherwise provided by this section, every bye-law, rule or regulation lawfully made by the existing board before the appointed day in respect of any area which, or any part of which, is included in a new district or in a joint district which is coterminous with or includes a new district and in force in such area immediately before the appointed day shall, on and after the appointed day continue in force and have effect in so much of such area as is within such new district or joint district (as the case may be) as a bye-law, rule or regulation (as the case may be) made by the board of health for such new district on the appointed day in respect of such area or part respectively for the residue then unexpired of the period for which the same was actually made by the existing board, and accordingly every such bye-law, rule, and regulation may be continued, varied, or revoked and penalties and forfeitures arising thereunder on or after the appointed day may be recovered and enforced by the board of health of such new district in the like manner and as fully as the same could have been continued, varied, revoked, recovered, or enforced by the existing board if the dividing order had not come into force.

(2) Where the existing board is a board of health and public assistance this section shall not affect the operation of any bye-law, rule or regulation made by the existing board in the performance of its functions for the relief of the poor.

(3) If any doubt, dispute, or question shall arise whether the operation of any particular bye-law, rule or regulation is prevented by the next preceding sub-section of this section from being affected by this section, such doubt, dispute, or question hall be decided by the Minister whose decision thereon shall be final.

18.—Every resolution passed, order made, and notice served by the existing board before the appointed day relating to any matter other than the relief of the poor, the operation, effect, or term of which has not ceased or expired before that day shall, on and after the appointed day and in so far as it relates to or has effect in any new district or any joint district which is coterminous with or includes a new district, continue in force and have effect as if it were a resolution passed, order made, or notice served by the board of health of such new district on the date on which the same was actually passed, made, or served by the existing board and as if the powers and functions of the existing board relating to matters other than the relief of the poor were on the last mentioned date already transferred to the board of health of such new district.

19.—(1) In every action, suit, prosecution or other proceeding relating to any powers or functions of the existing board, other than powers and functions relating to the relief of the poor, which is pending on the appointed day in any court or tribunal and to which the existing board is a party, the successor or successors of the existing board within the meaning of this section shall, on the appointed day, become and be a party or parties (as the case may be) to such proceeding in the place of the existing board, and such proceeding shall be continued between such successor or successors and the other parties thereto accordingly, and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the abolition of the existing board.

(2) For the purposes of this section the council shall be the successor of the existing board, and for those purposes every board of health of a new district which, by virtue of any transfer of powers or functions by or under this Act, has become concerned in or liable to be affected by the relevant proceedings referred to in the foregoing sub-section of this section shall also be a successor of the existing board.

(3) Every doubt, dispute, or question as to whether any particular person is or is not a successor of the existing board within the meaning of this section shall be determined by the court or tribunal in or before which the proceeding in relation to which such doubt, dispute, or question has arisen is pending, and the decision of such court or tribunal thereon shall be final.

20.—(1) All books and other documents directed or authorised by or under any statute to be kept by the existing board and which immediately before the appointed day would be receivable in evidence shall, notwithstanding the abolition of the existing board or the transfer of functions from the existing board by or under this Act, be admitted in evidence after the appointed day as fully as if the dividing order had not been made.

(2) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any statute to be kept by the existing board in the exercise of any functions other than the relief of the poor would, if verified in a particular manner by a particular officer of the existing board, have been admissible immediately before the appointed day as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if verified in such particular manner by the officer of the council or of the board of health of a new district corresponding to such particular officer, be admitted on or after the appointed day as evidence of such contents to the same extent as such first mentioned extract or certificate would have been so admitted if the dividing order had not been made.

21.—(1) The accounts of all receipts and expenditure of the existing board and of the respective officers of the existing board up to the appointed day shall, as soon as may be after that day, be audited and disallowances, surcharges, charges, and penalties in relation to such accounts, receipts, and expenditure shall be made, recovered and enforced in like manner as nearly as may be as if the dividing order had not been made.

(2) Every officer of the existing board whose duty it is to make up any accounts of or to account for any portion of the receipts or expenditure of the existing board shall, until the audit of the accounts of such receipts and expenditure up to the appointed day is completed, be deemed for the purposes of such audit to continue in office and to be bound to perform the same duties and render the same accounts and to be subject to the same liabilities as if the dividing order had not been made.

22.—(1) A scheme (in this section referred to as "the scheme" making provision in the case of every officer of the existing board for the continuance or discontinuance of his service on and after the appointed day shall be prepared not later than two months before the appointed day by the existing board, and the existing board shall transmit the scheme when so prepared to the Minister and shall notify every such officer of the proposals relating to him contained in the scheme.

(2) The scheme shall provide in respect of every officer to which it relates either—

( a ) for the continuance of such officer in the service of the board of health of one of the new districts, either in the office he held immediately before the appointed day or in an analogous office with analogous duties, or

( b ) for the appointment of such officer according to law and with his consent to an office in the service of the board of health of a new district or in the service of the Council, or

( c ) for the removal of such officer from office.

(3) Where by the scheme an officer is continued in an office in the service of the board of health of a new district or is appointed to an office in the service of any such board or in the service of the Council and the whole of his time is not occupied by the duties of such office, such officer may also, subject to the provisions of the next preceding sub-section of this section, be continued in or appointed to another office or to other offices in the service of such board or in the service of any other board of health of a new district or in the service of the Council, and the scheme may make provision accordingly.

(4) Every dispute as to whether an office is analogous to another office, or as to whether the duties of an office are analogous to the duties of another office, or whether the whole of an officer's time is occupied within the meaning of this section by the duties of an office, shall be determined by the Minister whose decision thereon shall be final.

(5) Any officer of the existing board may, not later than one month before the appointed day, notify the Minister that he objects to the proposals relating to him contained in the scheme.

(6) The Minister shall, before the appointed day, confirm the scheme, with such (if any) alterations (whether by addition, commission or variation) as he may think fit to make therein.

(7) The scheme as confirmed by the Minister under this section shall have effect on and from the appointed day, and accordingly every officer to whom the scheme relates shall be either continued in or appointed to an office or removed from office in accordance with the proposals in the scheme as so confirmed.

(8) Every officer who is removed from office in pursuance of this section shall, for the purposes of the enactments relating to superannuation and to compensation for loss of office, be deemed before the appointed day to have been removed from office by the existing board and after the appointed day to have been removed from office by the council for (in each case) a cause other than misconduct or incapacity.

23.—(1) Where before the appointed day any function of the existing board is exercised in relation to an area the whole of which is not included in one new district, and in order that such function may be duly performed after the appointed day any matter or thing requires to be adjusted and no provision for such adjustment is otherwise made by this Act, the Minister may make an order (in this Act referred to as an adjustment order) adjusting such matter or thing.

(2) An adjustment order may be made either before or after the appointed day, but no adjustment order shall come into operation before the appointed day.

(3) An adjustment order may include provisions of any of the following kinds, that is to say:—

( a ) provisions for the joint user of property by two or more boards of health of new districts;

( b ) provisions for the performance by the board of health of one new district of functions in relation to another new district on such terms as the Minister thinks reasonable;

( c ) provisions requiring the board of health of one new district to make payments to the board of health of another new district;

( d ) provisions for the performance of any of the functions of the existing board directly by the council and fixing the area of charge for such performance;

( e ) in the case of a power or duty of the existing board to elect or nominate persons to be members of another public body, provisions for the division of such power or duty between two or more boards of health of new districts and for determining the number of such persons to be elected or nominated by each such board respectively;

( f ) providing for any other matter or thing which the Minister considers necessary for the due and effective performance after the appointed day of the function of the existing board to which the adjustment order relates.

(4) Before making an adjustment order the Minister shall give to the council and (where the adjustment order is made after the appointed day) to every board of health of a new district affected by such order, not less than one month's notice of his intention to make the adjustment order, and shall consider any representations received by him during such month from the council or any such board.

(5) Every provision validly included in an adjustment order shall on and after the coming into operation of such adjustment order, have full statutory force and effect.