Local Government Provisional Order Confirmation Act, 1976

1976 1

No. 1/1976 (Private):

LOCAL GOVERNMENT PROVISIONAL ORDER CONFIRMATION ACT, 1976


ARRANGEMENT OF SECTIONS

1 Confirmation.

2 Short title.

SCHEDULE

FIRST SCHEDULE

SECOND SCHEDULE


AN ACT TO CONFIRM THE COUNTY OF LOUTH AND BOROUGH OF DROGHEDA (BOUNDARIES) PROVISIONAL ORDER, 1976.

[20th December, 1976.]

WHEREAS the County of Louth and Borough of Drogheda (Boundaries) Provisional Order, 1976, set out in the Schedule to this Act has been duly made by the Minister for Local Government under the Schedule to the Local Government (Application of Enactments) Order, 1898, and the Local Government (Ireland) Act, 1898, but will not have effect until confirmed by the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:

Confirmation.

1.—The County of Louth and Borough of Drogheda (Boundaries) Provisional Order, 1976, set out in the Schedule to this Act is hereby confirmed.

Short title.

2.—This Act may be cited as the Local Government Provisional Order Confirmation Act, 1976 .

Section 1.

SCHEDULE

COUNTY OF LOUTH AND BOROUGH OF DROGHEDA (BOUNDARIES) PROVISIONAL ORDER, 1976.

The Minister for Local Government in exercise of the powers conferred on him by articles 25 and 27 of the Schedule to the Local Government (Application of Enactments) Order, 1898, and subsection (3) of section 42 of the Local Government (Ireland) Act, 1898, hereby orders as follows:—

Title.

1. This Order may be cited as the County of Louth and Borough of Drogheda (Boundaries) Provisional Order, 1976.

Commencement.

2. This Order shall come into operation on the 1st day of January, 1977 or in the event of the Act confirming this Order not becoming law on or before the said day, on such day as the Minister shall, by order, appoint.

Interpretation.

3. (1) In this Order—

"the Borough" means the Borough of Drogheda;

"the Corporation" means the Mayor, Aldermen and Burgesses of Drogheda;

"the counties" means the County of Louth and the County of Meath;

"the County Councils" means the Councils of the County of Louth and of the County of Meath;

"the existing Borough boundary" means the boundary of the Borough as existing immediately before the coming into operation of this Order;

"the existing County Health District of Louth" means the County Health District of Louth as existing immediately before the coming into operation of this Order;

"the existing Louth County boundary" means the boundary of the County of Louth as existing immediately before the coming into operation of this Order;

"the existing Meath County boundary" means the boundary of the County of Meath as existing immediately before the coming Into operation of this Order;

"the Minister" means the Minister for Local Government;

"the transferred area" means the areas described in Parts 1 and 2 of the First Schedule to this Order;

"the commencement of this Order" means the day on which this Order comes into operation.

(2) In the first Schedule to this Order—

( a ) a reference to a field or a parcel identified by a number of acres shall be construed as a reference to the field or parcel the area of which is shown as that number of acres on sheets 24. III, IV, VI, VII, VIII, (Louth) of the 1935 revision of the Ordnance Survey Map and on sheets 20. VI, VIII, X, XI, XII, XV, (Meath) of the 1955 revision of the Ordnance Survey Map, drawn on the scale of 25.344 inches to the mile.

( b ) a reference to a line drawn along any fence, road or river shall, save where the context otherwise requires, be construed as meaning a line drawn along the centre line of the fence, road or river.

(3) ( a ) Any building through which or through any part of which the boundary of the County of Louth as altered by this Order shall pass shall be deemed to be within such boundary.

( b ) Any building through which or through any part of which the boundary of the Borough as altered by this Order shall pass shall be deemed to be within such boundary.

Alteration of Boundaries.

4. On the commencement of this Order the area described in Part I of the First Schedule to this Order shall be detached from the County of Meath and from the jurisdiction and powers of the Council of the County of Meath and shall be added to the County of Louth and thenceforward the said area shall be included in and form part of the said county for all purposes and the boundary of the said county shall be altered accordingly and immediately thereon the transferred area shall be detached from the County Health District of Louth and from the jurisdiction and powers of the Council of the County of Louth and shall be added to the Borough and thenceforward the said area shall be included in and form part of the Borough for all purposes and the boundary of the Borough shall be altered accordingly.

Preparation of official maps.

5. (1) As soon as may be after the commencement of this Order the Commissioner of Valuation shall prepare in quadruplicate a map drawn to such convenient scale and in such convenient number of separate sheets as he thinks fit showing the transferred area and the altered boundary of the Borough and of the counties and shall seal each of the maps and shall deposit one of the maps in the principal office of the said Commissioner, another in the offices of the Corporation and another in the offices of each of the County Councils.

(2) The said maps when so deposited in the said offices of the said Commissioner, the Corporation and County Councils respectively shall be retained in such offices and such maps or true copies thereof shall be open for inspection free of charge in such offices by any person at any time at which such offices respectively are open for the transaction of public business, and it shall be lawful for the said Commissioner, the Corporation and the County Councils respectively to prepare and supply to any person requesting the same a true copy of the map so deposited with him or them or any particular part thereof and to charge for such copy such sum as the Minister, with the sanction of the Minister for Finance, shall direct.

(3) It shall be the duty of the said Commissioner and of the Corporation and of the County Councils respectively whenever required so to do by any Court of Justice, to prepare and produce to such Court a true copy of the map or any specified part of the map deposited with him or them under this article and to verify such copy to such Court by the oath of one of his or their officers, and upon any such copy being so produced and verified to such Court, such Court shall receive such copy in evidence and thereupon such copy shall be conclusive evidence of the transferred area and of the altered boundary of the Borough and of the counties of Louth and Meath (so far as the same is shown on such copy) notwithstanding any discrepancy between such copy and the description contained in the First Schedule to this Order or any ambiguity or uncertainty in such description or in the application thereof.

Financial adjustment between Country Councils and Corporation.

6. (1) The County Councils and the Corporation may by agreement make any adjustment of property, debts and liabilities which may be necessary because of the alteration of boundaries made by this Order.

(2) In default of agreement, any such adjustment of property, debts and liabilities shall be made by a person appointed by the Minister for the purpose.

(3) Every adjustment under this Article shall have effect according to the terms thereof and shall be final and conclusive and shall be enforced by the County Councils and the Corporation against each other accordingly.

Bye-laws, etc., in the transferred area.

7. (1) Every bye-law, rule and regulation lawfully made and enforceable by either of the County Councils in the transferred area or any part thereof, and which is in force immediately before the commencement of this Order, shall, on and after the said commencement and so far as it is not inconsistent with this Order, continue in force and have effect in the transferred area or part thereof, as a bye-law, rule or regulation (as the case may be) made by the Corporation on the said commencement in respect of the area or so much of the area as is within the transferred area for and in respect of which the same was made and accordingly every such bye-law, rule and regulation may be continued, amended, varied or revoked and penalties and forfeitures arising thereunder on or after the said commencement in the transferred area may be recovered and enforced by the Corporation in the like manner and as fully as the same could have been continued, amended, varied, revoked, recovered or enforced by the appropriate one of the County Councils if this Order had not come into operation.

(2) No bye-law, rule or regulation in force in the Borough immediately before the commencement of this Order shall apply or be extended to the transferred area merely by virtue of the inclusion of such area in the Borough by this Order but the Corporation may at any time by resolution extend or apply any such bye-law, rule or regulation to the transferred area, or to any part thereof, and, upon any such extension or application being so made any bye-law, rule or regulation continued in force in such area by this article which is inconsistent with the bye-law, rule or regulation so extended shall cease to have effect in such area.

Resolutions, etc., relating to the transferred area.

8. Every resolution passed, order made, and notice served by either of the County Councils before the commencement of this Order in relation to the transferred area or any part thereof or anything done or to be done therein and the operation, effect, or term of which had not ceased or expired before the said commencement shall, on and after, the said commencement and so far as it is not inconsistent with this Order, continue in force and have effect in so far as it relates to the transferred area or any part thereof or anything done or to be done therein as if it were done or to be done or a resolution passed, order made, or notice served by the Corporation on the date on which the same was actually passed, made or served by the appropriate one of the County Councils and as if the transferred area were on the said date already included in the Borough.

Provisions relating to county electoral areas.

9. On the commencement of this Order the area described in Part 1 of the First Schedule to this Order shall cease to form part of the county electoral area of Slane in the County of Meath and shall form part of the county electoral area of Drogheda in the County of Louth.

Provisions relating to the register of electors.

10. (1) So much of the register of electors in force for the County of Meath at the commencement of this Order as relates to the area described in Part 1 of the First Schedule to this Order shall be deemed to form part of the register of electors in force for the County of Louth at the commencement of this Order.

(2) In the register of electors in force for the County of Louth at the commencement of this Order the transferred area shall be shown separately in such manner as shall be directed by the Minister.

Hours of Trading Orders.

11. Nothing in this order shall operate to affect any Order made by the Minister for Industry and Commerce under the Shops (Hours of Trading) Act, 1938 (No. 3 of 1938).

Provisions in regard to polling districts and polling places.

12. (1) Where at the commencement of this Order a polling district is situated partly within the transferred area, the secretary of Louth County Council or the secretary of Meath County Council, as appropriate, may with respect to each part of such polling district—

( a ) join it or parts of it to any adjoining polling district or districts, or.

( b ) constitute it as a polling district and appoint a polling place for it.

(2) Any arrangement made pursuant to this article shall be subject to the sanction of the Minister and shall have effect until (and only until) the first scheme under section 22 of the Electoral Act, 1963 , (No. 19 of 1963) in relation to the county concerned comes into operation after the commencement of this Order.

Application and adaptation of enactments.

13. Every local act in force immediately before the commencement of this Order in or in relation to the Borough shall extend to the transferred area and shall, on and after the said commencement, be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Order.

Special Provisions for the purpose of the Local Government (Planning and Development) Act, 1963 .

14. The development plan (within the meaning of the Local Government (Planning and Development) Act, 1963 —No. 28 of 1963) for the Borough as at the commencement of this Order shall, in so far as appropriate, apply to the Borough as altered by this Order.

Special provision for the purposes of the Valuation Acts.

15. For the purposes of the Valuation Acts the revised valuation lists received by the County Councils from the Commissioner of Valuation in 1976 shall, in so far as they relate to the transferred area, be deemed to have been sent to the Corporation.

Limitations on Municipal Rates.

16. (1) This article applies to hereditaments in the transferred area which were assessed with county rates for the local financial year 1976.

(2) Where the valuation of a hereditament consists of,

( a ) a buildings valuation and a valuation in respect of agricultural land or other land, or

( b ) a valuation in respect of agricultural land and other land,

this article shall apply to such hereditament as if it were two or more separate hereditaments.

(3) For the purpose of the assessment and levying of the municipal rate on a hereditament which is not agricultural or other land the following provisions shall apply in each of the first fifteen local financial years during which this Order is in force:—

( a ) Where the buildings valuation of the hereditament is the same as or less than the standard valuation the buildings valuation shall be reduced to the proportion, specified in the appropriate column of the Second Schedule to this Order for the particular year, of the valuation on which the municipal rate would otherwise be assessed.

( b ) Where the buildings valuation of the hereditament is greater than the standard valuation, the amount of the buildings valuation which is equal to the standard valuation shall be reduced to the proportion, specified in the appropriate column of the Second Schedule to this Order for the particular year, of the valuation on which the municipal rate would otherwise be assessed.

(4) For the purpose of the assessment and levying of the municipal rate on a hereditament which is agricultural or other land the following provisions shall apply in each of the first fifteen local financial years during which this Order is in force:—

( a ) In the case of agricultural land the net rates liability after the deduction of the primary and supplementary allowances under the Rates on Agricultural Land (Relief) Acts, 1939 to 1976 shall be reduced to the proportion, specified in the appropriate column of the Second Schedule to this Order for the particular year, of the municipal rate that would otherwise be assessed.

( b ) In the case of other land, the assessable valuation of the hereditament shall be reduced to the proportion, specified in the appropriate column of the Second Schedule to this Order for the particular year, of the valuation on which the municipal rate would otherwise be assessed.

(5) In this article—

"agricultural land" includes all land which is entered as land in the valuation lists under the Valuation Acts and used solely or mainly for agricultural purposes, that is to say, as arable, meadow or pasture ground or as woodlands, market gardens or nursery grounds;

"other land" means—

(i) lands covered with water and used as a canal and any towing path to the same,

(ii) lands used as a railway constructed under statutory powers for public conveyance;

"valuation" means the valuation under the Valuation Acts;

"buildings valuation" means the valuation of a hereditament which is a building, burial ground or land which is not agricultural land or other land and includes that portion of the valuation of a hereditament which is shown in the column headed "buildings" in the valuation lists;

"the standard valuation" means in relation to a hereditament to which this article applies the buildings valuation of such hereditament included in the revised valuation lists received by the County Councils from the Commissioner of Valuation for the local financial year 1976;

"the assessable valuation of the hereditament" means the valuation under the Valuation Acts of the hereditament as reduced in accordance with section 21 (1) of the Local Government Act, 1946 , (No. 24 of 1946) for the purpose of the assessment and levying of the municipal rate on such hereditament.

FIRST SCHEDULE

The Transferred Area.

PART 1

Description of the area detached from the County of Meath and added to the County of Louth and to the Borough

The area detached from the County of Meath and added to the County of Louth and to the Borough shall be all that area comprised between the existing Borough boundary and a line drawn as follows:—

Starting at a point in the River Boyne, where the existing Meath county boundary is intersected by a straight line drawn between Tom Roe's Point and the junction of the northern and eastern boundaries of the 3.805 acres parcel in Stagrennan townland; thence in a southerly direction along the said line to the said junction; thence in a southerly direction along the eastern boundary of the said parcel and continuing along the eastern boundary of the 67.034 acres parcel adjoining Stagrennan townland, and shown as mud and shingle, to its junction with the southern boundary of the same parcel; thence in a southerly direction along a straight line to the junction of the eastern and northern boundaries of the 1.097 acres field in Stagrennan townland; thence in a westerly direction along the said northern boundary and continuing along the northern boundaries of the .341 and 3.025 acres fields in the said townland and along the imaginary westerly projection of the last mentioned boundary to the intersection of the said projection by the eastern boundary of the 5.884 acres field in the said townland; thence in a westerly direction along the northern boundary of the said field and continuing along the respective northern boundaries of the .142, .169 and .109 acre parcels in the said townland to the junction of the last mentioned boundary with the western boundary of the said townland; thence in a southerly direction along the said boundary and continuing along the western boundary of Stameen townland to its junction with the northern boundary of the railway line from Belfast to Dublin; thence in an easterly direction along the said boundary to its junction with the eastern boundary of the said townland; thence initially in a south-westerly direction along the said boundary and continuing along the southern boundary of Bryanstown townland to its junction with the eastern boundary of the 12.799 acres field in the said townland; thence in a north-westerly direction along the said boundary to its junction with the boundary of the 4.347 acres field in the said townland; thence in a north-easterly direction along the said boundary and continuing along the eastern boundary of the same field and along its imaginary northerly projection to the intersection of the said projection by the southern boundary of the 3.820 acres field in the said townland, thence in an easterly direction along the said boundary to its junction with the eastern boundary of the said townland, thence initially in a north-westerly direction along the said boundary to its junction with the existing boundary; thence in a westerly direction along the said boundary to its junction with the southern boundary of the railway from Oldcastle to Drogheda, thence in a south-westerly direction along the said boundary to its junction with the eastern boundary of Rathmullan townland; thence initially in a southerly direction along the said boundary and continuing along the southern boundary of the said townland to its junction with the eastern boundary of the 5.189 acres field in the said townland; thence in a north-westerly direction along the said boundary and along the eastern boundary of the 3.479 acres field in the said townland to its junction with the southern boundary of the 3.638 acres field in the said townland; thence in a north-westerly direction along the said boundary to its junction with the eastern boundary of the same field; thence in a north-westerly direction along the said boundary and continuing along the respective eastern boundaries of the .638, 1.082 and 2.098 acres parcels in the said townland to the junction of the last mentioned boundary with the northern boundary of the last mentioned parcel; thence in a straight line to the junction of the western and southern boundaries of the 1. 024 acres field in the same townland; thence in a north-westerly direction along the western boundary of the said field in the said townland and continuing along the northern boundary of the same field to its junction with the western boundary of the 4.191 acres parcel in the said townland; thence in a north-westerly direction along the said boundary and along the western boundary of the .251 acre parcel in the said townland to its junction with the southern boundary of the 6.373 acres parcel in the said townland; thence initially in a westerly direction along the said boundary and continuing along the western boundary of the same parcel to the junction of the last mentioned boundary with the southern boundary of the 13.232 acres parcel in the same townland; thence initially in a westerly direction along the said boundary and continuing along the respective western boundaries of the 13.232 and 7.742 acres parcels and along the western boundary of the 1.003 acres field in the said townland and along the imaginary northerly projection of the last mentioned boundary to its intersection by the northern boundary of the 1.303 acres parcel in the said townland; thence in a westerly direction along the said boundary to its junction with the western boundary of the said townland; thence initially in a northerly direction along the said boundary to its junction with the northern boundary of the said townland; thence in a northerly direction along a straight line, drawn between the said junction and the junction of the southern and eastern boundaries of the 2.690 acres field in Mell townland, to its intersection by the existing Meath County boundary.

PART 2

Description of the area detached from the existing County Health District of Louth and added to the Borough

The area detached from the existing County Health District of Louth and added to the Borough shall be all that area comprised between the existing Borough boundary and a line drawn as follows:—

Starting at a point in the River Boyne, where the existing Louth County boundary is intersected by a straight line drawn from the junction of the northern and western boundaries of Rathmullan townland to the junction of the southern and eastern boundaries of the 2.690 acres field in Mell townland; thence in a northerly direction along the said line to the last mentioned junction; thence in a northerly direction along the eastern boundary of the said field to its junction with the western boundary of Mell townland; thence initially in a northerly direction along the said boundary to its junction with the eastern boundary of the 17.891 acres field in the said townland; thence in a north-easterly direction along the said boundary and continuing along the southern boundary of the 1.147 acres field, and along the northern boundary of the .718 acres field in the same townland to its junction with the eastern boundary of the same field; thence in a south-easterly direction along the said boundary to its junction with the northern boundary of the 5.518 acres field in the same townland; thence initially in a north-easterly direction along the said boundary and along its imaginary north-easterly projection to the intersection of the said projection by the western boundary of the 6.370 acres field in the same townland; thence in a north-westerly direction along the said boundary to its junction with the southern boundary of the 5.826 acres field in the same townland; thence in a north-easterly direction along the said boundary and continuing along the respective southern boundaries of the 1.598 and 3.098 acres fields and along the respective northern boundaries of the 14.846 and .452 acres fields in the same townland and along the imaginary easterly projection of the last mentioned boundary to the intersection of the said projection by the western boundary of the 13.203 acres field in Moneymore townland, thence in a southerly direction along the said boundary to its junction with the southern boundary of the same field; thence initially in a north-easterly direction along the said boundary and along the south-western boundary of the 4.606 acres field in the said townland to its junction with the south-eastern boundary of the same field; thence in a north-easterly direction along the said boundary and continuing along the northern boundary of the 1.457 acres parcel and along the north-western boundary of the 3.248 acres field in the said townland to its junction with the north-eastern boundary of the same field; thence in a south-easterly direction along the said boundary to its junction with the western boundary of the 1.790 acres field in the said townland; thence in a south-westerly direction along the said boundary to its junction with the eastern boundary of the 1.457 acres parcel in the said townland; thence in a south-easterly direction along the said boundary to its junction with the northern boundary of the 2.942 acres field in the said townland; thence initially in a north-easterly direction along the said boundary to its junction with the western boundary of the 4.896 acres field in the said townland; thence initially in a south-easterly direction along the said boundary and along the southern boundary of the same field and along its imaginary easterly projection to the intersection of the said projection by the western boundary of the 7.840 acres field in the said townland; thence in a northerly direction along the said boundary to its junction with the southern boundary of the 10.281 acres field in the said townland; thence in a north-easterly direction along the said boundary to its junction with the eastern boundary of the townland; thence in a southerly direction along the said boundary to its junction with the southern boundary of the 1.439 acres field in Yellowbatter townland; thence initially in an easterly direction along the said boundary and along the eastern boundary of the same field to its junction with the northern boundary of the 2.378 acres field in the said townland; thence in a north-easterly direction along the said boundary and along its imaginary north-easterly projection to the intersection of the said projection by the western boundary of the 7.803 acres field in the said townland; thence in a southerly direction along the said boundary to its junction with the northern boundary of the 11.162 acres field in the said townland; thence initially in a north-easterly direction along the said boundary and along the eastern boundary of the same field to its junction with the eastern boundary of the said townland; thence in a south-easterly direction along the said boundary to its junction with the southern boundary of the 4.015 acres field in Greenbatter townland; thence in an easterly direction along the said boundary to its junction with the western boundary of the 6.938 acres field in the said townland; thence initially in a south-easterly direction along the said boundary and continuing along the southern boundary of the same field to its junction with the western boundary of the 4.469 acres field in the said townland; thence in a south-easterly direction along the said boundary and along its imaginary south-easterly projection to the intersection of the said projection by the eastern boundary of the railway line from Dublin to Belfast; thence in a southerly direction along the said boundary to its junction with the southern boundary of the said townland; thence in an easterly direction along the said boundary to its junction with the western boundary of the 3.695 acres field in Newtownstalaban townland; thence in a southerly direction along the said boundary to its junction with the southern boundary of the same field; thence in an easterly direction along the said boundary and continuing along the respective southern boundaries of the 2.520 and the 8.639 acres fields in the said townland to the junction of the last mentioned boundary with the western boundary of the road from Drogheda to Termonfeckin; thence in a north-easterly direction along the said boundary to its junction with the imaginary north-westerly projection of the north-eastern boundary of the 7.777 acres field in the said townland; thence in a south-easterly direction along the said projection and boundary to the junction of the boundary with the northern boundary of the .722 acre field in the said townland; thence in an easterly direction along the said boundary and along the eastern boundary of the same field and continuing along the respective eastern boundaries of the .496 acre parcel and the 1.801 acres field in the said townland and along the imaginary south-easterly projection of the last mentioned boundary to its intersection by the northern boundary of the .508 acre field in the said townland; thence initially in a north-easterly direction along the said boundary and along the eastern boundary of the same field to its junction with the southern boundary of the .800 acre field in the said townland, thence initially in an easterly direction along the said boundary and continuing along the respective northern boundaries of the .451, 1.363 and 2.082 acres fields in the said townland and along the eastern boundary of the last mentioned field and along its imaginary southerly projection to its intersection by the southern boundary of the 1.985 acres parcel in the said townland; thence in a westerly direction along the said boundary to its junction with the eastern boundary of the 12.743 acres parcel in the said townland; thence in a southerly direction along the said boundary and along its imaginary southerly projection to its intersection by the southern boundary of the said townland; thence in an easterly direction along the said boundary to Tom Roe's Point; thence in a southerly direction along a straight line drawn between Tom Roe's Point and the junction of the northern and eastern boundaries of the 3.805 acres parcel in Stagrennan townland to its intersection by the existing Louth County boundary.

SECOND SCHEDULE

Limitations on Municipal Rate.

Year during which this Order is in force

Proportion of valuation or proportion of rates payable (expressed in hundredths)

Hereditaments which are situate in the portion of the transferred area in the existing County Health.

District of:—

(a) (b)
Louth Meath
First 68 61
Second 70 64
Third 72 66
Fourth 74 69
Fifth 76 72
Sixth 79 74
Seventh 81 77
Eighth 83 80
Ninth 85 82
Tenth 87 85
Eleventh 90 87
Twelfth 92 90
Thirteenth 94 93
Fourteenth 96 95
Fifteenth 98 98

GIVEN under the Official Seal of the Minister for Local Government this 19th day of October, 1976.

JAMES TULLY,

Minister for Local Government.