No. 18/1942:

LOCAL ELECTIONS (AMENDMENT) ACT, 1942

ARRANGEMENT OF SECTIONS

1 The Principal Act, the Act of 1940, and the Act 1941.

2 Construction and definitions.

3 Amendment of sections 5 and 7 of the Principal Act.

4 Amendment of section 16 of the Principal Act.

5 Special provisions in relation to the year 1942.

6 Power to resolve difficulties.

7 First elections of members of certain public assistance authorities.

8 Short title and collective citation.

AN ACT TO AMEND THE LOCAL ELECTIONS ACT, 1937 , BY EXTENDING UNTIL THE 30TH DAY OF SEPTEMBER, 1943, THE PERIOD WITHIN WHICH LOCAL ELECTIONS TO WHICH THAT ACT APPLIES ARE THEREBY REQUIRED TO BE HELD, AND TO MAKE PROVISIONS CONSEQUENTIAL ON OR INCIDENTAL TO SUCH EXTENSION.

[28th July, 1942.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

the expression "the Principal Act" means the Local Elections Act, 1937 (No. 14 of 1937),

the expression "the Act of 1940" means the Local Elections (Amendment) Act, 1940 (No. 19 of 1940), and

the expression the "Act of 1941" means the Local Elections (Amendment) Act, 1941 (No. 20 of 1941).

2.—(1) This Act shall be read and construed as one with the Principal Act, the Act of 1940, and the Act of 1941.

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

(3) Every body which is a local authority for the purposes of Part II of the Principal Act and also (except in the amendment made by this Act of section 5 of the Principal Act) the council of the county borough of Cork shall be a local authority for the purposes of this Act, and the expression "local authority" shall be construed accordingly in this Act.

3.—(1) Section 5 of the Principal Act, as amended by sub-section (1) of section 3 of the Act of 1940 and sub-section (1) of section 3 of the Act of 1941, is hereby amended by the deletion of sub-section (1) of that section and the insertion in the said section of the following sub-section in lieu of the sub-section so deleted, that is to say:—

"(1) The Minister shall, before the 30th day of September, 1943, by order appoint in respect of every local authority a day not later than the 30th day of September, 1943, to be the appointed day for the purposes of this Part of this Act in respect of such local authority."

(2) Part II of the Principal Act (including section 5 thereof) shall be construed with due regard to the amendment made in the said section 5 by the foregoing sub-section of this section and, for the purpose of giving full effect to that amendment, the date the 30th day of September, 1943, shall be substituted for the date the 30th day of September, 1942, where the latter date is, by virtue of sub-section (2) of section 3 of the Act of 1941, mentioned in sub-section (3) of the said section 5 and in sub-section (2) of section 7 of the Principal Act.

4.—(1) Section 16 of the Principal Act, as amended by sub-section (1) of section 4 of the Act of 1940 and sub-section (1) of section 4 of the Act of 1941, is hereby amended by the deletion of sub-section (1) of that section and the insertion in the said section of the following sub-sections in lieu of the sub-section so deleted, that is to say:—

"(1) The Minister shall, before the 30th day of September, 1943, by order appoint a day not later than the said 30th day of September, 1943, to be the appointed day for the purposes of this Part of this Act in respect of the council.

(1A) Whenever the Minister has by an order under this section (including an order under this sub-section) appointed a day to be the appointed day for the purposes of this Part of this Act in respect of the council, he may by a subsequent order revoke such order and appoint under sub-section (1) of this section another day to be the appointed day for the purposes of this Part of this Act in respect of the council."

(2) Part III of the Principal Act (including section 16 thereof) shall be construed with due regard to the amendment made in the said section 16 by the foregoing sub-section of this section.

5.—(1) For the purposes of the application in relation to any local authority of section 8 , 9 or 10 (as the case may be) of the Local Elections Act, 1927 (No. 39 of 1927), and of section 11 of that Act, the year 1942 shall be a year in which no triennial election to such local authority is held.

(2) Where, in relation to a local authority, the appointed day for the purposes of Part II of the Principal Act as amended by this Act or Part III of the Principal Act as amended by this Act (as the case may be) falls in the year 1942,—

( a ) the reference in the foregoing sub-section to the year 1942 shall, in relation to such local authority, be construed as a reference to the part of such year prior to the said appointed day, and

( b ) for the purposes of the further application in relation to such local authority of section 8, 9, or 10 (as the case may be) of the Local Elections Act, 1927 (No. 39 of 1927), and of section 11 of that Act, the remaining part of the year 1942 shall be deemed to be a year in which a triennial election is held.

6.—Where any difficulty has arisen or is, in the opinion of the Minister, likely to arise in regard to the holding of any meeting of any local authority or other body by reason of any amendment of the Principal Act made by this Act or by reason of any other provision of this Act, the Minister may by order do any matter or thing which shall appear to him to be necessary (as the case may be) to enable such meeting to be held, or to constitute properly such local authority or other body, or to validate the procedure of such local authority or other body, or otherwise to resolve such difficulty, and may by such order make any necessary adaptations or modifications of any statute, order, or regulation.

7.—(1) The Minister may by order make provision for the holding of the first elections of the members of public assistance authorities to which this section applies and may include in the order all such ancillary and consequential provisions as he thinks proper.

(2) An order under this section may be made either before or after the commencement of the Public Assistance Act, 1939 (No. 27 of 1939), and shall have the force of law in accordance with its terms notwithstanding anything contained in that Act or in any other enactment.

(3) This section applies to every public assistance authority under the Public Assistance Act, 1939 (No. 27 of 1939), in relation to which section 9 or section 10 of that Act is applicable.

8.—(1) This Act may be cited as the Local Elections (Amendment) Act, 1942 .

(2) The Local Elections Acts, 1937 to 1941, and this Act may be cited together as the Local Elections Acts, 1937 to 1942.