S.I. No. 4/1926 - The Urban Districts (Transferred Road Duties) Regulations, 1926.

STATUTORY RULES AND ORDERS. 1926. No. 4.

THE URBAN DISTRICTS (TRANSFERRED ROAD DUTIES) REGULATIONS, 1926.

LOCAL GOVERNMENT ACT, 1925 .

No. R.D./201.

1926.

WHEREAS by sub-section (3) of section 24 of the Local Government Act, 1925 , it is provided as follows :—

" (3) On the application of the council of an urban district or of the council of the county in which such urban district is situate, the Minister may by order direct—

(a) that the council of such county is to construct or maintain all or any of the urban roads in such urban district, or

(b) that the council of such urban district is to construct or maintain all or any of the main roads in such urban district,

and, while such order remains in force, it shall, notwithstanding the provisions of sub-section (1) of this section, be the duty of the council of such county or urban district (as the case may be) in accordance with the provisions of such order, to construct or maintain such urban or main roads respectively, but such order shall not affect the area of charge for the expenses of such construction or maintenance, and so much of such expenses as is chargeable on such urban district or on the county, exclusive of such urban district (as the case may be) shall be paid to the council of such county by the council of such urban district or to the council of such urban district by the council of such county respectively in accordance with regulations to be made by the Minister " ;

AND WHEREAS the expression " the Minister " in the said sub-section means the Minister for Local Government and Public Health ;

AND WHEREAS under the said sub-section orders have been made by the said Minister in respect of certain urban districts and it is expedient to male regulations for the purposes specified in the said sub-section :

NOW, THEREFORE, I, the Minister for Local Government and Public Health, in exercise of the powers vested in me under the said sub-section and of all other powers enabling me in this behalf do hereby make the following regulations, that is to say :—

1. These Regulations may be cited as " The Urban Districts (Transferred Road Duties) Regulations, 1926."

2. In these Regulations, save where the context otherwise requires, the expression " the Act " means the Local Government Act, 1925 :

the expression " transferred road duty " means any duty of constructing or maintaining any road transferred by Order of the Minister under sub-section (3) of section 24 of the Act from an urban district council to a county council or from a county council to an urban district council :

other expressions have the same meaning as in the Act.

3. The rules set forth in the first schedule to these Regulations shall apply in the case of any urban district in which the Minister has directed that the council of the county is to construct or maintain all or any of the urban roads.

4. The rules set forth in the second schedule to these regulations shall apply in the case of any urban district in which the Minister has directed that the council of the urban district is to construct or maintain all or any of the main roads.

Given under My Seal of Office this fifteenth day of January, in the Year of Our Lord One Thousand Nine Hundred and Twenty-six.

(Signed) SEAMUS DE BÚRCA,

Minister for Local Government and Public Health.

FIRST SCHEDULE.

Rules applicable to the case where all or any of the urban roads in an urban district are constructed or maintained by the county council.

1. A separate account shall be kept in the books of the county council of the receipts available for and the expenditure on the performance of the transferred road duty.

2. The net estimated sum required by the county council for the performance of the transferred road duty during each financial year shall be included in the annual estimate and demand on the urban district for such year, and particulars of the said amount shall be shown in separate columns on the said estimate and demand, under the heading " urban roads," additional columns being inserted for the purpose in the Form prescribed for the said estimate and demand.

3. The urban district council shall raise, by means of any rate out of which the costs of paving and cleansing the streets in the urban district area are or can be defrayed, the said net estimated sum, and shall supply the same to the county council at the same times and in the same manner as the remainder of the sum demanded by the county council for the year.

SECOND SCHEDULE.

Rules applicable to the case where all or any of the main roads in an urban district are to be constructed or maintained by the urban district council.

1. (1) As soon as may be after the 15th day of January but not later than the 8th day of February in each year the surveyor of the urban district council shall prepare an estimate of the amount which in his opinion will be required during the next ensuing financial year to provide for the performance of the transferred road duty and shall forthwith submit the same to the urban district council who may adopt the same with or without amendment, and the clerk to the urban district council shall thereupon notify such net estimated amount to the secretary of the county council.

(2) In every year in which the transferred duty shall have been performed by the urban district council, there shall also be prepared, submitted, adopted and notified, in the manner and at the times prescribed in the preceding paragraph, an estimate of the amount to be expended during the said year by the urban district council in the performance of such duty.

(3) In the estimates required by this rule allowance shall be made for all sums received or to be received by the urban district council other than the payments made to them by the county council under these Rules.

2. The county council shall pay in each year to the urban district council in equal quarterly instalments the amount estimated under paragraph (1) of the preceding rule to be required by the urban district council for the performance of such duty in such year, and shall include such amount in the estimated gross expenditure of the county for roads chargeable on the whole county, when estimating the general rates for such year.

3. The clerk to the urban district council as soon as may be after the close of each year shall notify to the secretary of the county council the amount expended by the urban district council in such year in the performance of the transferred duty over and above any sums received in respect thereof otherwise than under these rules, and in the accounts of the county council for such year the urban district shall be given credit for such amount.

4. The sum by which the amount paid in any year by the county council to the urban district council under Rule 2 of these rules, exceeds or is less than the amount expended in such year by the urban district council in the performance of the transferred duty and notified to the county council under Rule 3 of these rules, shall be entered in the accounts of the county council for such year as a receipt available for or expenditure on roads charged on the whole county respectively.