Local Government (Ireland) Act, 1898

Orders as to making, dissolving, or extending urban sanitary districts.

42.(1) Where a town has a population exceeding one thousand five hundred according to the last published census for the time being, but is not an urban sanitary district, any order of the Local Government Board constituting such town an urban sanitary district shall, unless within three months after the order is published the Board[1] receive a petition against it,

(a) if the petition is before the first election of rural district councils from at least one-fourth of the parliamentary electors registered in respect of qualifications within the town, or from the guardians of the union comprising the town or any part thereof, or

(b) if the petition is after such first election, then from at least one-fourth of the local government electors within the town, or from the guardians of the union, or council of the rural district, comprising the town or any part thereof,

take effect without the authority of Parliament; and a certificate of the Board that no such petition has been received, and that the order has taken effect, shall be conclusive evidence of those facts.

[Sub-s. (2) rep. 8 Edw. 7. c. 49 (S.L.R.).]

(3) An order made after the passing of this Act for constituting a town an urban sanitary district, or for adding an urban sanitary district to a rural sanitary district, or for enlarging the boundaries of an urban county district shall contain such provisions as may seem necessary or expedient for adapting the provisions of this Act in respect to public works, and making an adjustment of property, rights, and liabilities.[1]

[1 If the petition is withdrawn, s. 42 (1) has effect as if no petition had been presented, see 63 & 64 Vict. c. 63, s. 1.]

[1 And also for determining the financial relations between the district so constituted and the county in which it is situated, see 2 Edw. 7. c. 38, s. 3.]