No. 55/1936:

LOCAL AUTHORITIES (MISCELLANEOUS PROVISIONS) ACT, 1936

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Validation of borrowing by local authorities in certain cases.

3 Validation of contracts with local authorities in certain cases.

4 Validity of election of a particular member of a local authority.

5 Validity of an election of members of a local authority.

6 Provision of a town hall by a borough or urban district council.

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

8 Amendment of Section 203 of the Public Health (Ireland) Act, 1878.

9 Interpretation of Section 238 of the Public Health (Ireland) Act, 1878.

10 Alteration of boundary of an urban district which is not a borough.

11 Interpretation of Section 3 of the Local Authorities (Financial Provisions) Act, 1921.

12 Expenses.

13 Short title.

AN ACT TO MAKE PROVISION FOR DIVERS MATTERS RELATING TO LOCAL AUTHORITIES, AND FOR THAT AND OTHER PURPOSES TO AMEND THE PUBLIC HEALTH (IRELAND) ACT, 1878, AND OTHER ENACTMENTS RELATING TO LOCAL GOVERNMENT AND PUBLIC HEALTH.

[28th November, 1936.]

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

1.—(1) In this Act the expression "the Minister" means the Minister for Local Government and Public Health.

(2) Save as is otherwise provided by this Act, each of the following persons and bodies (whether corporate or unincorporated) and no other person or body shall be a local authority for the purposes of this Act, that is to say:—

( a ) the council of a county, county borough, borough, or urban district, a board of guardians, the commissioners of a town, and a port sanitary authority, and

( b ) a committee or joint committee or board or joint board (whether corporate or unincorporated) of or appointed by one or more of the bodies and persons mentioned in the other paragraphs of this sub-section, and

( c ) any council, committee, or other body which, immediately before the passing of this Act, was, by virtue of any Act other than the Local Government Act, 1925 (No. 5 of 1925), a local authority for any of the purposes of the said Local Government Act, 1925 , and

( d ) a person appointed by or under statute to perform the functions or any of the functions of any such body as is mentioned in the preceding paragraphs of this sub-section.

2.—(1) Whenever a body of persons, who are not lawfully constituted as a local authority but are acting as or purporting to be such local authority, borrows money in purported exercise of the statutory powers of such local authority from a lender who lends such money in good faith and without notice that such body of persons are not lawfully constituted as such local authority, the following provisions shall have effect in favour of such lender or any person claiming through or under him as against such local authority, that is to say:—

( a ) such body of persons shall be deemed, for the purposes of the transaction consisting of such borrowing and lending, to have been lawfully constituted as such local authority, and accordingly such local authority shall be liable for the repayment of the money so borrowed and lent and the payment of interest thereon in accordance with the terms on which such money was so borrowed and lent to the same extent (if any) as such local authority would have been so liable if such body of persons had in fact been lawfully constituted as such local authority;

( b ) every mortgage or other security given by such body of persons and purporting to be given by such local authority to such lender for securing the repayment of such money and the payment of the interest the thereon shall, in the hands of such lender or any person claiming through or under him, be valid and enforceable against such local authority to the same extent (if any) as such mortgage or other security would have been so valid and enforceable if such body or persons had in fact been lawfully constituted as such local authority;

( c ) no part of the transaction consisting of such borrowing and lending shall be invalid or capable of being questioned on the ground that such body of persons was not lawfully constituted as such local authority.

(2) Whenever a local authority borrows or is deemed by the foregoing sub-section of this section to borrow money under or in purported exercise of its statutory powers from a lender who lends such money in good faith, the following provisions shall have effect in favour of such lender or any person claiming through or under him as against such local authority, that is to say:—

( a ) neither such borrowing and lending nor any mortgage or other security given or purported to be given by such local authority to such lender for securing the repayment of such money and the payment of the interest thereon shall be invalidated or questioned on account of any illegality or irregularity in the constitution of such local authority or the election of any of the members thereof;

( b ) such lender shall not be concerned to inquire whether the purpose for which such money is borrowed by such local authority is or is not a purpose for which such local authority is authorised by law to borrow money or whether such money does or does not exceed in amount any limit on borrowing by such local authority, and such lender shall not be prejudiced or affected by the fact (if it exists) that such purpose is, in whole or in part, not so authorised or that such money exceeds in amount any such limit;

( c ) such lender shall not be concerned to inquire whether any meeting of such local authority was or was not properly convened or constituted, or whether any particular notice to the members of such local authority was or was not duly given, or whether the proceedings at any meeting of such local authority were or were not legal and regular;

( d ) where such local authority could not lawfully borrow such money without the sanction or the consent of the Minister, and such sanction or consent (as the case may be) was given or purported to be given by the Minister, such lender shall not be concerned to inquire whether any statutory condition precedent to the giving of such sanction or consent was or was not duly complied with, and such lender shall not be prejudiced or affected by the fact (if it exists) that any such condition precedent was not complied with by the person (whether the Minister, such local authority, or any other person) charged with the duty of complying therewith;

( e ) such lender shall not be concerned to see to the application of such money by such local authority or be prejudiced or affected by any misapplication of such money or any part thereof by such local authority or any of its officers.

(3) This section shall be deemed to have come into operation on and to have had effect as on and from the 6th day of December, 1922, and shall accordingly apply and be deemed always to have applied to transactions commenced after that date and before the passing of this Act (whether completed before or pending at such passing) as well as to transactions commenced after the passing of this Act.

3.—(1) Whenever a body of persons, who are not lawfully constituted as a local authority but are acting as or purporting to be such local authority, enters, in purported exercise of the statutory powers of such local authority, into a contract with another person (in this sub-section referred to as the contractor), whether for the execution of works, the sale (voluntarily or compulsorily) of land, chattels, or other property, or the doing of any other thing by the contractor for or to such body of persons, and the contractor, in good faith and without notice that such body of persons are not lawfully constituted as such local authority, performs his part of such contract, the following provisions shall have effect, that is to say:—

( a ) such body of persons shall be deemed, for the purposes of such contract, to have been lawfully constituted as such local authority, and accordingly such local authority shall be liable under such contract to the same extent (if any) as such local authority would have been so liable if such body of persons had in fact been lawfully constituted as such local authority;

( b ) such contract shall be enforceable against such local authority by the contractor and persons claiming through or under him to the same extent (if any) as such contract would have been so enforceable if such body of persons had in fact been lawfully constituted as such local authority;

( c ) such contract shall not be invalid or capable of being questioned on the ground that such body of persons were not lawfully constituted as such local authority.

(2) Whenever a local authority enters, or is deemed by the foregoing sub-section of this section to have entered, in purported exercise of its statutory powers, into a contract with another person (in this sub-section referred to as the contractor), whether for the execution of works, the sale (voluntarily or compulsorily) of land, chattels, or other property, or the doing of any other thing by the contractor for or to such local authority, and the contractor in good faith performs his part of such contract, the following provisions shall have effect, that is to say:—

( a ) such contract shall not be invalidated or questioned on account of any illegality or irregularity in the constitution of such local authority or the election of any of the members thereof;

( b ) the contractor shall not be concerned to inquire whether the making of such contract is or is not within the statutory powers of such local authority;

( c ) unless the contractor had notice that the making of such contract was not within the statutory powers of such local authority, the contractor and persons claiming through or under him shall not be precluded from enforcing such contract against such local authority by reason merely of the fact (if it exists) that such contract was not within the statutory powers of such local authority;

( d ) the contractor shall not be concerned to inquire whether any meeting of such local authority was or was not properly convened or constituted, or whether any particular notice to the members of such local authority was or was not duly given, or whether the proceedings at any meeting of such local authority were or were not legal and regular;

( e ) where such local authority could not lawfully make such contract without the sanction or the consent of the Minister, and such sanction or consent (as the case may be) was given or purported to be given by the Minister, the contractor shall not be concerned to inquire whether any statutory condition precedent to the giving of such sanction or consent was or was not duly complied with, and the contractor shall not be prejudiced or affected by the fact (if it exists) that any such condition precedent was not complied with by the person (whether the Minister, such local authority, or any other person) charged with the duty of complying therewith.

(3) This section shall be deemed to have come into operation on and to have had effect as on and from the 6th day of December, 1922, and shall accordingly apply and be deemed always to have applied to contracts entered into after that date and before the passing of this Act (whether fully executed before or in course of execution at such passing) as well as to contracts entered into after the passing of this Act.

4.—(1) Where, whether before or after the passing of this Act, a person has been declared by the returning officer at an election (whether held before or after such passing) of members of a local authority to have been elected at such election as a member of such local authority and no proceedings, by way of election petition or in the nature or in lieu of quo warranto, to question the validity of such election of such person were or shall have been instituted before the expiration of one year from the day on which such person was so declared to have been elected, then and in every such case the following provisions shall have effect, that is to say:—

( a ) where, such year expired before the passing of this Act, such person shall, on and from the passing of this Act, be deemed for all purposes to have been lawfully and validly elected at such election as a member of such local authority, and accordingly it shall not be lawful after the passing of this Act to question in any proceedings whatsoever in any court the validity of such election of such person;

( b ) where such year expires after the passing of this Act, such person shall, on and from the expiration of such year, be deemed for all purposes to have been validly and lawfully elected at such election as a member of such local authority, and accordingly it shall not be lawful to institute in any court, after such expiration, any proceedings whatsoever questioning the validity of such election of such person.

(2) In the foregoing sub-section of this section—

( a ) references to a declaration by the returning officer that a person has been elected shall be construed as referring also to the giving of notice by the returning officer that a person will be declared to be deemed to be re-elected and as referring also to the giving of notice by the returning officer that a person is deemed to be re-elected, and

( b ) all parts of the verb "to declare" shall be construed as including declaring by giving notice, and

( c ) the word "elected" shall be construed as including "deemed to be re-elected", and the word "election" shall, where the context so admits, be construed accordingly.

5.—(1) Where, whether before or after the passing of this Act, the returning officer at an election (whether held before or after such passing) of the members, or a statutory proportion of the members, of a local authority has declared a number of persons (whether equal to or less than the number of members of such local authority required by law to be elected at such election) to have been elected at such election as members of such local authority and no proceedings, by way of election petition or in the nature or in lieu of quo warranto, to question the validity of such election were or shall have been instituted before the expiration of one year from the day on which such persons were so declared to have been elected, then and in every such case the following provisions shall have effect, that is to say:—

( a ) where such year expired before the passing of this Act, such election shall, on and from the passing of this Act, be deemed for all purposes to have been a valid and effective election lawfully held of the members, or the said statutory proportion of the members, of such local authority, and accordingly it shall not be lawful after the passing of this Act to question in any proceedings whatsoever in any court the validity of such election;

( b ) where such year expires after the passing of this Act, such election shall, on and from the expiration of such year, be deemed for all purposes to have been a valid and effective election lawfully held of the members, or the said statutory proportion of the members, of such local authority, and accordingly it shall not be lawful to institute in any court, after such expiration, any proceedings whatsoever questioning the validity of such election;

( c ) where, in the case of an election of the whole membership of such local authority, the number of persons so declared to be elected is less than the full number of members of such local authority but not less than the number of members necessary to form a quorum at a meeting of such local authority, such local authority shall, on and from the passing of this Act or the expiration of such year (whichever is the later), be deemed to have been validly constituted as on and from the date on which the members of such local authority elected at such election come into office;

( d ) where, in the case of an election of a statutory proportion of the members of such local authority, the number of persons so declared to be elected is less than such statutory proportion, such local authority shall, on and from the passing of this Act or the expiration of such year (whichever is the later), be deemed to have been validly constituted as on and from the date on which the members of such local authority elected at such election come into office;

( e ) in any case, as on and from the passing of this Act or the expiration of such year (whichever is the later), the persons so declared to be elected and no other persons shall be deemed to have been elected at such election as members of such local authority.

(2) In the foregoing sub-section of this section—

( a ) references to a declaration by the returning officer that a number of persons have been elected shall be construed as referring also to the giving of notice by the returning officer that a number of persons will be declared to be deemed to be re-elected and as referring also to the giving of notice by the returning officer that a number of persons are deemed to be re-elected, and

( b ) all parts of the verb "to declare" shall be construed as including declaring by giving notice, and

( c ) the word "elected" shall be construed as including "deemed to be re-elected," and the word "election" shall, where the context so admits, be construed accordingly.

6.—(1) It shall be lawful for the council of a borough or an urban district to provide and maintain a fit and convenient building for use as a town hall (whether also containing or not containing offices for the transaction of the business of such council) and to provide and maintain in such building all necessary and proper furniture and fittings.

(2) The provision by the council of a borough or an urban district of such buildings, furniture and fittings as are mentioned in the next preceding sub-section of this section shall be a purpose for which such council may borrow money under the Public Health Acts, 1878 to 1931.

(3) All expenses incurred by the council of a borough or an urban district under this section shall be raised and defrayed as part of the expenses of such council under the Public Health Acts, 1878 to 1931.

7.—(1) The first proviso (which begins with the words "Provided that such assessment" and ends with the words "have not been adopted") to section 60 of the Towns Improvement (Ireland) Act, 1854, shall not apply or have effect in any urban district in relation to any assessment made under that section in any year ending after the 31st day of March, 1936.

(2) In towns which are not urban districts but in which the Towns Improvement (Ireland) Act, 1854, is in force, neither the said first proviso to section 60 of that Act, nor section 228 of the Public Health (Ireland) Act, 1878, nor section 75 of the Local Government Act, 1925 (No. 5 of 1925), shall apply or have effect in relation to any assessment made under the said section 60 in any year ending after the 31st day of March, 1936, and in lieu thereof it is hereby enacted that the said section 60 shall, in every such town, be construed and have effect in relation to assessments made under that section in any such year as if it were thereby provided that no such assessment (other than a private or a district assessment) shall exceed the rate of two shillings and sixpence in the pound.

8.—Section 203 (which relates to the purchase of land by a sanitary authority) of the Public Health (Ireland) Act, 1878, is hereby amended as follows, that is to say:—

( a ) the advertisements required by paragraph (2) of the said section to be published in the month of November may be published in any month;

( b ) the notices required by the said paragraph (2) to be served in the month of December shall be served in the month next succeeding the month in which the said advertisements are published.

9.—It is hereby declared that, notwithstanding any judicial interpretation to the contrary, the expression "the net annual value of the premises assessable within the district" where it occurs in paragraph (2) of section 238 of the Public Health (Ireland) Act, 1878, means and always has meant the aggregate of the valuations under the Valuation Acts of all premises situate within the district which are for the time being assessable to rates levied by the sanitary authority and that the said expression does not and never did refer to the portion or proportion of the said valuations on which such rates are assessed or to any other portion or proportion of the said valuations less than the full amount thereof, and it is hereby enacted that, notwithstanding as aforesaid, the said paragraph (2) shall be construed and have effect and be deemed always to have had effect in accordance with the foregoing declarations.

10.—(1) The council of an urban district which is not a borough may at any time apply to the council of the county in which such urban district is situate for an order under this section altering the boundary of such urban district in the manner specified in such application.

(2) Whenever the council of a county is satisfied that a prima facie case exists for the alteration of the boundary of an urban district (other than a borough) situate in such county, such council shall, whether they are so satisfied in consequence of an application under this section by the council of such urban district or in consequence of any other event, cause such inquiry to be made in the locality and such notice to be given to the Minister and in the locality as shall be prescribed by regulations made by the Minister, and may either, as they shall think proper, make an order altering the boundary of such urban district in such manner as they think fit or refuse to make any such order.

(3) Where the council of an urban district applies under this section to the council of the county in which such urban district is situate for an order under this section the following provisions shall have effect, that is to say:—

( a ) if such county council refuses to make any such order, such urban district council may, within one month after such refusal, appeal to the Minister against such refusal;

( b ) if such county council does not, within three months after receiving such application, either make an order altering the boundary of such urban district or refuse to make any such order, such urban district council may, within one month after the expiration of the said three months, appeal to the Minister against the failure of such county council to make or refuse to make such order;

( c ) whenever an urban district council appeals to the Minister under either of the foregoing paragraphs of this sub-section, the Minister, after making such inquiries and publishing such notices as he shall think proper, may either, as he shall think fit, make an order altering in such manner as he thinks proper, the boundary of such urban district or refuse to make any such order;

( d ) an order made by the Minister under the foregoing provisions of this sub-section shall operate and have effect in all respects as if it were an order made by the council of a county under Article 26 of the Schedule to the Local Government (Application of Enactments) Order, 1898, and confirmed by the Minister under that Article;

( e ) paragraph (6) of the said Article 26 shall apply to every such order made by the Minister in like manner as it applies to orders made and confirmed under that Article;

( f ) Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply and have effect in relation to the authority conferred by this sub-section on the Minister to make enquiries as fully as it would have so applied and had effect if such authority had been conferred by the Local Government (Ireland) Act, 1898.

(4) Paragraphs (2) to (6) of the said Article 26 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply and have effect in relation to an order made under this section by the council of a county in like manner in all respects as they apply to an order made by the council of a county under that Article, save that the Minister, before confirming any such Order, may modify such order in such manner as he thinks proper (including varying in such manner and to such extent as he thinks expedient the alteration of boundary made by such order) and may confirm such order as so modified.

(5) Save as expressly applied by this section, so much of the said Article 26 of the Schedule to the Local Government (Application of Enactments) Order, 1898, as relates to the alteration of the boundary of an urban district shall cease to have effect.

11.—(1) Notwithstanding anything contained in any other section of this Act, the expression "local authority" has in this section the same meaning as it has in the Local Authorities (Financial Provisions) Act, 1921.

(2) The payment by a local authority of annual or other periodical instalments of principal and interest or principal only or interest only in respect of money borrowed by such local authority and the payment of arrears of any such instalments shall be and be deemed always to have been current expenses of such local authority within the meaning of section 3 of the Local Authorities (Financial Provisions) Act, 1921, as amended by subsequent enactments, and accordingly it shall be and be deemed always to have been lawful for a local authority to borrow or re-borrow under that section for the purpose of paying any such instalment.

(3) All references in section 3 of the Local Authorities (Financial Provisions) Act, 1921, to borrowing by a local authority shall be construed and have effect and be deemed always to have had effect as including re-borrowing.

12.—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.

13.—This Act may be cited as the Local Authorities (Miscellaneous Provisions) Act, 1936 .