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Alteration of boundary of an urban district which is not a borough.
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10.—(1) The council of an urban district which is not a borough may at any time apply to the council of the county in which such urban district is situate for an order under this section altering the boundary of such urban district in the manner specified in such application.
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(2) Whenever the council of a county is satisfied that a prima facie case exists for the alteration of the boundary of an urban district (other than a borough) situate in such county, such council shall, whether they are so satisfied in consequence of an application under this section by the council of such urban district or in consequence of any other event, cause such inquiry to be made in the locality and such notice to be given to the Minister and in the locality as shall be prescribed by regulations made by the Minister, and may either, as they shall think proper, make an order altering the boundary of such urban district in such manner as they think fit or refuse to make any such order.
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(3) Where the council of an urban district applies under this section to the council of the county in which such urban district is situate for an order under this section the following provisions shall have effect, that is to say:—
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(a) if such county council refuses to make any such order, such urban district council may, within one month after such refusal, appeal to the Minister against such refusal;
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(b) if such county council does not, within three months after receiving such application, either make an order altering the boundary of such urban district or refuse to make any such order, such urban district council may, within one month after the expiration of the said three months, appeal to the Minister against the failure of such county council to make or refuse to make such order;
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(c) whenever an urban district council appeals to the Minister under either of the foregoing paragraphs of this sub-section, the Minister, after making such inquiries and publishing such notices as he shall think proper, may either, as he shall think fit, make an order altering in such manner as he thinks proper, the boundary of such urban district or refuse to make any such order;
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(d) an order made by the Minister under the foregoing provisions of this sub-section shall operate and have effect in all respects as if it were an order made by the council of a county under Article 26 of the Schedule to the Local Government (Application of Enactments) Order, 1898, and confirmed by the Minister under that Article;
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(e) paragraph (6) of the said Article 26 shall apply to every such order made by the Minister in like manner as it applies to orders made and confirmed under that Article;
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(f) Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply and have effect in relation to the authority conferred by this sub-section on the Minister to make enquiries as fully as it would have so applied and had effect if such authority had been conferred by the Local Government (Ireland) Act, 1898.
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(4) Paragraphs (2) to (6) of the said Article 26 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply and have effect in relation to an order made under this section by the council of a county in like manner in all respects as they apply to an order made by the council of a county under that Article, save that the Minister, before confirming any such Order, may modify such order in such manner as he thinks proper (including varying in such manner and to such extent as he thinks expedient the alteration of boundary made by such order) and may confirm such order as so modified.
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(5) Save as expressly applied by this section, so much of the said Article 26 of the Schedule to the Local Government (Application of Enactments) Order, 1898, as relates to the alteration of the boundary of an urban district shall cease to have effect.
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