No. 30/1945:

LOCAL AUTHORITIES (ACCEPTANCE OF GIFTS) ACT, 1945

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Civic improvement scheme.

3 Acceptance of gift of property for purposes of civic improvement scheme.

4 Publication of notice of civic improvement scheme.

5 Incorporation of towns commissioners for purposes of this Act.

6 Short title.

AN ACT TO AUTHORISE LOCAL AUTHORITIES TO ACCEPT, HOLD AND ADMINISTER GIFTS OF PROPERTY FOR CIVIC IMPROVEMENTS AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[4th August, 1945.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

the expression "civic improvement" includes anything which tends to improve the amenities of the functional area of the local authority concerned or is otherwise conducive to the welfare of the inhabitants or any class of the inhabitants of that functional area;

the expression "civic improvement scheme" means a scheme under subsection (1) of section 2 of this Act ;

the expression "local authority" means any body being either—

( a ) the corporation of a county or other borough, or

( b ) the council of a county or an urban district, or

( c ) the commissioners of a town, or

( d ) a vocational education committee, or

( e ) a committee of agriculture;

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

the expression "reserved function" means—

( a ) in the case of the corporation of a county borough, a reserved function for the purposes of the enactments relating to the management of that county borough,

( b ) in the case of any other local authority, a reserved function for the purposes of the County Management Acts, 1940 and 1942;

the expression "voluntary civic improvement fund" means a fund established under a civic improvement scheme.

2.—(1) A local authority may, from time to time, adopt schemes for the acceptance, holding and administration of gifts of real or personal property for civic improvements and any such scheme may be in respect of civic improvements generally, a particular class or particular classes of civic improvements or one particular civic improvement.

(2) A civic improvement scheme shall, in particular provide for—

( a ) the establishment of a separate fund under the control of the local authority adopting the scheme and the payment into such fund of any moneys given for the purposes of the scheme and any revenues arising from property other than money so given,

( b ) the investment of moneys in such fund which are not for the time being required to be expended,

( c ) the expenditure of moneys in such fund and the procedure for and the restrictions (if any) on the making of payments therefrom.

(3) A civic improvement scheme may be varied by the local authority which adopted it if the High Court, on an application in which the Minister is named as respondent, sanctions the variation.

(4) The accounts of a voluntary civic improvement fund shall be part of the accounts of the local authority which adopted the scheme for the purposes of the enactments relating to the audit of the accounts of local authorities.

(5) The adoption of a civic improvement scheme shall be a reserved function.

3.—Where a gift of real or personal property for any civic improvement is offered to a local authority they may—

( a ) in case they have adopted a civic improvement scheme and the gift is offered for the purposes of the scheme, accept, hold and administer the gift in accordance with the scheme,

( b ) in any other case, subject to the adoption of a civic improvement scheme, the purpose of which is or includes the acceptance, holding and administration of the gift, accept, hold and administer the gift in accordance with the scheme,

and in either case may do all things incidental to or consequential on such acceptance, holding and administration.

4.—(1) Where a local authority adopt a civic improvement scheme, they shall, as soon as may be after the adoption thereof and thereafter at least once annually, publish, in three newspapers (of which one at least is a daily newspaper) circulating in their functional area, notice of the existence of the scheme and of the fact that any person may make contributions to the voluntary civic improvement fund established thereunder.

(2) The expenses incurred under this section in relation to a civic improvement scheme shall—

( a ) if incurred by a vocational education committee or a committee of agriculture, be defrayed out of the voluntary civic improvement fund established thereunder,

( b ) if incurred by any other local authority, be defrayed either—

(i) out of such voluntary civic improvement fund, or

(ii) (I) in the case of the corporation of a county borough or the borough of Dún Laoghaire, out of the municipal fund,

(II) in the case of the council of a county, by means of the poor rate as a charge on the county health district of that county,

(III) in the case of the corporation of a borough (not being a county borough or the borough of Dún Laoghaire), by means of the borough rate,

(IV) in the case of the council of an urban district or the commissioners of a town, by means of the town rate.

5.—The commissioners of a town (if not already a body corporate) shall, for the purpose of accepting, holding, and administering gifts of real or personal property for civic improvements and of suing and being sued in respect thereof, be a body corporate with perpetual succession and any instrument relating to such property shall be duly executed by such commissioners if executed in manner provided by section 59 of the Commissioners Clauses Act, 1847, with respect to conveyances by commissioners who are not a body corporate.

6.—This Act may be cited as the Local Authorities (Acceptance of Gifts), Act, 1945.