Local Government (Ireland) Act, 1898

Part IV.

Boundaries and Adjustment.

Boundaries of counties, unions, rural districts, and district electoral divisions.

48 & 49 Vict. c. 80.

41 & 42 Vict. c. 52.

68.(1) The first council elected under this Act for a county shall, subject as herein-after mentioned, be elected for the county as bounded at the passing of this Act for the purposes of the grand jury (in this Act referred to as the existing judicial county), or where such county is for those purposes divided into ridings, for the riding: Provided that the Local Government Board, by order made within six months after the passing of this Act, may alter for the purpose of the election of such council the boundaries of any existing judicial county, and if that order is made the first council shall be elected for the county as so altered.

(2) The county council shall have for the purposes of this Act authority throughout the county for which it is elected (in this Act referred to as an administrative county), and that county as bounded for the purpose of the first election shall, subject to alterations made in pursuance of any Order in Council under Part Six of this Act, be for all the purposes of this Act the county of such county council.

(3) In exercising their powers under this Act or any Order in Council made under Part Six of this Act, whether in making an order or in confirming an order made by a county council, and in the exercise of their existing powers to alter by order district electoral divisions or the boundaries of unions, the Local Government Board shall secure that—

(a) the boundaries of counties at large and unions as existing at the date of the order shall be preserved, except in any case where the preservation thereof would cause substantial inconvenience; and

(b) a union shall not, if it is conveniently possible to avoid it, be divided between more than two counties, and shall not in any case be divided between more than three counties; and

(c) where a union is divided between more than one county, the area of each divided part, so far as it is not contained in an urban sanitary district, shall be of sufficient size and rateable value to constitute a suitable rural district; and

(d) a district electoral division shall be situate wholly in one county district; and

(e) a county district shall be situate wholly in one county.

(4) Where a union is divided between more than one county, each divided part, so far as it is not contained in an urban sanitary district, shall be a separate rural sanitary district.

(5) If the Local Government Board amalgamate two unions, they may, after communication with the county council and rural district councils concerned, either amalgamate the rural districts in the same county which are comprised in the amalgamated unions, or direct that those districts shall continue as separate rural districts, and in either case may make such arrangements as may be necessary for protecting the interests of the officers of the district councils holding office at the time of the amalgamation, and for that purpose the Union Officers (Ireland) Act, 1885, shall apply to officers of the district councils in like manner as it applies to the officers of boards of guardians.

(6) The power of the Local Government Board to divide a poor law electoral division into wards or to combine poor law electoral divisions for the purpose only of election shall cease, but nothing in this Act, nor in any Order made thereunder, shall affect—

(a) any power of the Local Government Board in relation to sanitary districts under section seven of the Public Health Act, 1878; or

(b) the general power of the Board to combine, divide or otherwise alter district electoral divisions;

and the Board in the exercise of any such power may divide any townland:

Provided that any order of the Local Government Board combining, dividing, or otherwise altering district electoral divisions if made after the first day of May in any calendar year, shall apply to lists of electors in the next calendar year, and to any register of electors formed out of such lists, and to elections held after the time at which the register of electors so formed has come into force, and shall not apply previously.

(7) Such changes in the Ordnance map as appear to the Lord Lieutenant in Council to be rendered necessary by this Act, or any Order in Council made thereunder, shall be made through the Commissioner of Valuation in manner directed by the Lord Lieutenant in Council.