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Local Government (Reorganisation) Act, 1985

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Number 7 of 1985


LOCAL GOVERNMENT (REORGANISATION) ACT, 1985


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, collective citations, construction and commencement.

2.

Interpretation.

3.

Orders and regulations generally.

PART II

Galway

4.

Definitions (Part II).

5.

Establishment of Borough of Galway as County Borough.

6.

Membership of Council of Borough of Galway and establishment of City Council.

7.

Management of County Borough of Galway.

8.

Supplementary provisions (Part II).

PART III

Dublin

9.

Definitions (Part III).

10.

Alteration of boundaries of Dublin City and County.

11.

Increase in membership of Dublin City Council.

12.

Establishment of Dublin Electoral Counties.

13.

Establishment, membership and election of councils of established electoral counties.

14.

Definition of electoral areas in established electoral counties.

15.

Provisions relating to elections of councils of established electoral counties.

16.

Continuation of Dublin County Council and Dún Laoghaire Corporation.

17.

Preparation of certain maps.

18.

Section 10, supplementary provisions.

PART IV

General Reorganisation

19.

Alteration of boundary of Borough of Galway.

20.

Boundary alterations under section 19; supplementary provisions.

21.

Limited power to alter number of members of a county council.

22.

Temporary arrangements with respect to register of electors.

23.

Temporary arrangements with respect to certain polling districts.

24.

Power to amend, adapt, modify, repeal or revoke enactments.

25.

Quorums of certain local authorities.

26.

Number of members of certain committees of agriculture.

27.

Appointments by local authorities to certain committees and other bodies.

28.

Maritime boundaries of counties and county boroughs.

29.

Saver.

FIRST SCHEDULE

The Excluded Areas and the Added Areas

SECOND SCHEDULE

Provisions consequential on alteration of boundaries effected by section 10

THIRD SCHEDULE

Boundaries of Established Electoral Counties

FOURTH SCHEDULE

Areas detached from the County Health District of Galway and Added to the Borough of Galway by virtue of section 19 (1).

FIFTH SCHEDULE

Rules relating to appointments by local authorities to certain committees and other bodies


Acts Referred to

Valuation Acts

Local Government Acts, 1925 to 1983

Local Government (Dublin) Act, 1930

1930, No. 27

Local Government (Dublin) Acts, 1930 to 1971

Agriculture Act, 1931

1931, No. 8

Limerick City Management Act, 1934

1934, No. 35

Local Government (Galway) Act, 1937

1937, No. 3(P)

Shops (Hours of Trading) Act, 1938

1938, No. 3

County Management Act, 1940

1940, No. 12

County Management Acts, 1940 to 1972

Cork City Management (Amendment) Act, 1941

1941, No. 5

Local Government Act, 1941

1941, No. 23

Local Government (Dublin) Act, 1945

1945, No. 8

Industrial Relations Acts, 1946 to 1976

Local Government Provisional Order Confirmation Act, 1953

1953, No. 1(P)

City and County Management (Amendment) Act, 1955

1955, No. 12

Electoral Act, 1963

1963, No. 19

Local Elections Acts, 1963 to 1974

Local Government (Planning and Development) Acts, 1963 to 1983

Local Elections Act, 1966

1966, No. 28

Agriculture (An Chomhairle Oiliúna Talmhaíochta) Act, 1979

1979, No. 9

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Number 7 of 1985


LOCAL GOVERNMENT (REORGANISATION) ACT, 1985


AN ACT TO PROVIDE FOR CERTAIN REORGANISATION OF LOCAL GOVERNMENT AND FOR THAT PURPOSE TO AMEND AND EXTEND THE LAW RELATING TO LOCAL GOVERNMENT AND TO PROVIDE FOR CERTAIN OTHER RELATED MATTERS. [3rd April, 1985]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General

Short title, collective citations, construction and commencement.

1.(1) This Act may be cited as the Local Government (Reorganisation) Act, 1985.

(2) The Local Government Acts, 1925 to 1983, and this Act may be cited together as the Local Government Acts, 1925 to 1985.

(3) The Local Government (Dublin) Acts, 1930 to 1971, and Part III of this Act may be cited together as the Local Government (Dublin) Acts, 1930 to 1985.

(4) The County Management Acts, 1940 to 1972, and section 7 of this Act may be cited together as the County Management Acts, 1940 to 1985.

(5) Part IV of this Act and the Local Government Acts, 1925 to 1983, shall be construed together as one Act.

(6) This Act shall come into operation on such day or days as the Minister may fix by order, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.

Interpretation.

2.(1) In this Act—

functions”, except where the context otherwise requires, includes powers and duties;

the Minister” means the Minister for the Environment.

(2) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment.

Orders and regulations generally.

3.(1) Every order or regulation made by the Minister under this Act, other than under section 5 , 7 (7), 8 or 24 , shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House shall, within the next twenty-one days on which that House has sat after such order is laid before it, pass a resolution annulling such order or regulation, such order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(2) Where it is proposed to make an order under section 8 or 24 of this Act, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(3) (a) Subject to paragraph (b) of this subsection, the Minister may by order amend or revoke an order made under this Act (including an order made under this subsection).

(b) In case it is proposed to make an order under this subsection amending (whether expressly or otherwise) or revoking an order under section 8 or 24 of this Act, subsection (2) of this section shall apply as regards the proposal as it applied to the proposal to make the order to which the order proposed to be made under this subsection relates.

PART II

Galway

Definitions (Part II).

4. In this part—

the appointed day” has the meaning assigned to it by section 5 (1);

the City Council” has the meaning assigned to it by section 6 (2);

the Corporation” has the meaning assigned to it by section 5 (2);

the County Council” means the council of the county of Galway;

the County” means the administrative county of Galway;

the County Borough” means the county borough of Galway;

the Borough” means the Borough of Galway established by the Local Government (Galway) Act, 1937 ;

the Borough Council” means the council established under the Local Government (Galway) Act, 1937 , for the Borough.

Establishment of Borough of Galway as County Borough.

5.(1) On such day (in this Part referred to as the “appointed day”) as the Minister shall appoint by order, the Borough shall cease to be part of the County and shall, as on and from such day, be an administrative county of itself, and be called the County Borough of Galway.

(2) On the appointed day the Mayor, Aldermen and Burgesses of the Borough of Galway shall be and be known as the Mayor, Aldermen and Burgesses of the County Borough of Galway (elsewhere referred to in this Part as “the Corporation”).

(3) The Corporation shall have, in so far as is consistent with this Act or any order made under section 8 or 24 of this Act, the functions which immediately before the appointed day stood vested by law in the Corporation of the Borough of Galway together with such other functions as are for the time being, vested by law in the corporations of county boroughs generally and without prejudice to the generality of the foregoing, the law which immediately before the appointed day applied in respect of the Borough, together with the law which for the time being applies in respect of county boroughs generally, shall, insofar as is consistent with this Act or any order made under section 8 or 24 of this Act, apply to the County Borough.

(4) For the purposes of the election of members of the County Council held next after the commencement of this section and without prejudice to the generality of subsection (1) of this section, the Borough shall be deemed not to be part of the County and persons registered as local government electors in respect of the area comprised in the Borough shall not be entitled to vote at the election of members of the said council.

(5) For the avoidance of doubt it is hereby declared that, subject to any order made under section 8 or 24 of this Act, anything commenced or otherwise done before the appointed day in relation to, or in the name of, the Mayor, Aldermen and Burgesses of the Borough of Galway shall on and after that day be regarded as if it had been commenced or otherwise done in relation to, or in the name of, the Corporation.

Membership of Council of Borough of Galway and establishment of City Council.

6.(1) (a) The Borough Council shall, on and after the ordinary day of retirement of members thereof which occurs next after the commencement of this section, consist of fifteen members and that number of members shall accordingly be elected at every election of members of the Borough Council held after such commencement.

(b) Section 15 of the Local Government (Galway) Act, 1937 , shall be construed and have effect subject to paragraph (a) of this subsection.

(2) On and from the appointed day there shall be a Galway City Council (elsewhere in this Part referred to as “the City Council”) to fulfil the functions assigned to it by law and it shall consist of a Mayor and the same number of aldermen and councillors as did the Borough Council immediately prior to the appointed day, and the persons who were members of the Borough Council immediately prior to the appointed day shall on that day become and be the members of the City Council and shall in relation to the City Council, hold the same offices as they held, respectively, in relation to the Borough Council.

Management of County Borough of Galway.

7.(1) The City Council shall directly perform all the functions of the Corporation which by virtue of subsection (3) of this section are reserved functions and such other functions as are for the time being declared by or under any enactment to be reserved functions.

(2) There shall be an office of Galway City Manager the holder of which shall perform for the Corporation every function of the Corporation which (having regard to subsections (1) and (3) of this section) is not a reserved function.

(3) Subject to this section and to the provisions of any order made under section 8 or 24 of this Act, the County Management Acts, 1940 to 1972, shall apply to the Corporation in like manner as they apply to the council of a county.

(4) For the purposes of giving effect to subsection (3) of this section, in the County Management Acts, 1940 to 1972, except where the context otherwise requires—

(a) any reference to a county shall be construed as including a reference to the County Borough,

(b) any reference to the council of a county shall be construed as including a reference to the Corporation, or, as may be appropriate, to the City Council,

(c) any reference to the chairman of the council of a county shall be construed as including a reference to the Mayor of the County Borough,

(d) any reference to a meeting, member, committee, member of a committee or meeting of a committee of a county council shall be construed as including a reference to a meeting, member, committee, member of a committee or meeting of a committee, as may be appropriate, of the City Council,

(e) any reference to a borough in the Second Schedule to the County Management Act, 1940 , shall be construed as including a reference to the County Borough,

(f) any reference to a county manager shall be construed as including a reference to the Galway City Manager, and

(g) any reference to an assistant county manager shall be construed as including a reference to a Galway Assistant City Manager.

(5) The office of Galway County Manager and the office of Galway City Manager shall be held by one and the same person.

(6) The person who immediately before the appointed day held in a permanent capacity the office of Galway County Manager shall, on and from that day, become, by virtue of this subsection, the Galway City Manager.

(7) (a) Subject to paragraph (b) of this subsection, where, in the case of the Corporation and the County Council—

(i) one of them by resolution declares that the office of Galway County Manager and the office of Galway City Manager should cease to be held by one and the same person, and

(ii) the other of them, on the day on which such resolution is passed or on a day within three months thereafter, by resolution also declares as aforesaid,

the Minister may by order terminate the operation of subsection (5) of this section.

(b) If the person who on the 1st day of March, 1985, was the Galway County Manager, holds on the appointed day the offices of Galway County Manager and Galway City Manager by virtue of subsection (6) of this section, then for so long as that person continues thereafter so to hold those offices, paragraph (a) of this subsection shall not have effect.

Supplementary provisions (Part II).

8.(1) The Minister may by order make such provisions as may appear to him to be appropriate, arising from, by reason of, for the purposes of, or to give full effect to, the establishment of the Borough as a county borough and such order may include provisions relating to any matter whatsoever arising in relation to such establishment.

(2) Without prejudice to the generality of subsection (1) of this section, the Minister may—

(a) make such provisions in relation to the offices of Galway City Manager and Galway County Manager, or either of them, as he considers appropriate,

(b) make such other provisions as he considers appropriate for or in connection with the management of the County Borough, the County or both the County Borough and the County.

(3) Nothing in this section shall be construed as prejudicing the generality of section 24 of this Act.

PART III

Dublin

Definitions (Part III).

9. In this Part and in the First , Second and Third Schedules to this Act—

the added areas” means the parts of the County described in Part III of the said First Schedule ;

the Borough Council” means the Council of the Borough of Dún Laoghaire;

the City” means the county borough of Dublin;

the City Council” has the meaning assigned to it by section 1 of the Local Government (Dublin) Act, 1930 ;

the Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

the County” means the administrative county of Dublin;

the County Council” means the council of the county of Dublin;

established electoral county” means an electoral county established by section 12 of this Act;

the excluded areas” means the parts of the City described in Part II of the said First Schedule .

Alteration of boundaries of Dublin City and County.

10.(1) On the commencement of this section, each of the parts of the City described in Part II of the First Schedule to this Act shall be detached from the City and from the jurisdiction and powers of the Corporation and added to the County, and on and from such commencement each of the said parts shall be included in, and form part of, the County for all purposes, and the boundary of the County shall be altered accordingly.

(2) On the commencement of this section, each of the parts of the County described in Part III of the First Schedule to this Act shall be detached from the County and from the jurisdiction and powers of the County Council and added to the City, and on and from such commencement each of the said parts shall be included in, and form part of, the City for all purposes and the boundary of the City shall be altered accordingly.

(3) The provisions contained in the Second Schedule to this Act shall apply and have effect in relation to the alteration of boundaries effected by subsections (1) and (2) of this section.

Increase in membership of Dublin City Council.

11.(1) The City Council shall, on and after the ordinary day of retirement of members thereof next after the commencement of this section, consist of fifty-two members and that number of members shall accordingly be elected at every election of members of that council held after such commencement.

(2) Section 2 of the Local Government (Dublin) Act, 1945 , shall be construed and have effect subject to subsection (1) of this section.

Establishment of Dublin Electoral Counties.

12.(1) The County, as existing on the commencement of section 10 of this Act, shall, for the purpose of the local elections next occurring after the commencement of this section to the councils established under section 13 (1) of this Act, be divided for the purposes of those elections into three electoral counties to be known for such purposes as—

(a) the electoral County of Dublin — Fingal,

(b) the electoral County of Dublin — Belgard,

(c) the electoral County of Dún Laoghaire-Rathdown.

(2) The boundary of an established electoral county shall be the boundary described in the Third Schedule to this Act in respect of that county.

Establishment, membership and election of councils of established electoral counties.

13.(1) A council shall be established in each of the established electoral counties.

(2) The number of members of a council referred to in subsection (1) of this section shall be that set out in column (2) of the Table to this section opposite the mention in column (1) thereof of that council.

(3) There shall be elected at the local elections next occurring after the commencement of section 12 of this Act a council for each of the established electoral counties and the Local Elections Acts, 1963 to 1974, shall apply to each election held pursuant to this subsection as if each of the councils to be so elected were the council of a county.

TABLE

Council

Numbers of members of council

(1)

(2)

Council of the electoral County of Dublin — Fingal.

24

Council of the electoral County of Dublin — Belgard.

26

Council of the electoral County of Dún Laoghaire-Rathdown.

28

Definition of electoral areas in established electoral counties.

14.(1) The Minister shall by order divide each of the established electoral counties into county electoral areas and fix in respect of each such county the number of members of the council of such county to be elected from every county electoral area in such county, and in making such order the Minister shall comply with the requirements of subsection (2) of this section.

(2) The order required to be made by subsection (1) of this section shall be made as soon as may be after the commencement of section 12 of this Act and in any event not later than the date of the order to be made under section 84 (as amended by section 4 of the Local Elections Act, 1966 ) of the Electoral Act, 1963 , fixing the polling day at the local elections to be held in 1985.

(3) The divisions into county electoral areas effected by an order under subsection (1) of this section shall have effect for the purposes of the elections to be held pursuant to section 13 (3) of this Act and thereafter.

(4) The number of members of the council of an established electoral county to be elected for each county electoral area in such county at the elections to be held pursuant to section 13 (3) of this Act and thereafter shall be the number fixed in that behalf by the order required to be made under subsection (1) of this section.

(5) Subsection (7) of section 33 of the Local Government Act, 1941 , shall apply to any division effected under subsection (1) of this section as it applies to any division made by an order under the said section 33.

Provisions relating to elections of councils of established electoral counties.

15.(1) The register of electors for an established electoral county shall, for the purposes of the elections to be held pursuant to section 13 (3) of this Act, be that portion of the register of electors for the County (as existing immediately after the commencement of section 10 of this Act) as relates to the area which that established electoral county comprises.

(2) The returning officer for the election of members of each of the councils of the established electoral counties shall be the Dublin City Manager and Town Clerk.

(3) The cost of conducting the elections held pursuant to section 13 (3) of this Act shall be defrayed—

(a) in the case of the election as regards the electoral county of Dún Laoghaire-Rathdown, by the County Council and the Corporation of the Borough of Dún Laoghaire in such proportion as the Dublin City Manager and Town Clerk shall direct,

(b) in the case of the other such elections, by the County Council.

Continuation of Dublin County Council and Dún Laoghaire Corporation.

16.(1) There shall not be an election of members of the County Council or the Borough Council at the local elections next occurring after the commencement of section 12 of this Act.

(2) The County Council shall, on and after the ordinary day of retirement of members thereof next occurring after the commencement of section 12 of this Act, consist of seventy-eight members.

(3) Each of the persons elected to the councils of the established electoral counties at the elections held pursuant to section 13 (3) of this Act shall be regarded for all purposes as having been elected to the County Council on the same day as their election to whichever of the councils established under section 13 (1) of this Act is appropriate and on and from the ordinary day of retirement referred to in subsection (2) of this section those persons shall be the members of and shall act as the County Council.

(4) The persons elected at the elections held pursuant to section 13 (3) of this Act for the relevant electoral areas shall be regarded for all purposes as having been elected to the Borough Council on the same day as their election to the Council of the electoral county of Dún Laoghaire-Rathdown and on and from the ordinary day of retirement referred to in subsection (2) of this section those persons shall be the members of and shall act as the Borough Council.

(5) Section 43 (1) of the Local Government (Dublin) Act, 1930 , shall be construed and have effect subject to subsection (4) of this section.

(6) In this section “the relevant electoral areas” means such of the electoral areas fixed by the order under section 14 of this Act, as regards the electoral county of Dún Laoghaire-Rathdown, as the Minister shall by order specify, which order shall also specify the total number of members who by virtue of subsection (4) of this section are to be the members of and act as the Borough Council and which order the Minister is hereby empowered to make.

(7) In this section “the ordinary day of retirement” means the day which, had subsection (1) of this section not been enacted, would, by virtue of the Local Elections Regulations, 1965, be the day on which the members of the County Council would be required to retire.

Preparation of certain maps.

17.(1) As soon as may be after the commencement of section 12 of this Act, the Commissioner of Valuation shall prepare in quintuplicate a map, drawn to such convenient scale and in such convenient number of separate sheets as he shall think fit, showing the boundaries of each of the established electoral counties and when such maps have been prepared by the said Commissioner he shall seal each such map and shall, as soon as may be thereafter, deposit them as follows, namely, one of them in the principal office of the said Commissioner, another in the offices of the Minister and the other three in the offices of the County Council.

(2) Every map deposited pursuant to subsection (1) of this section in the principal office of the Commissioner of Valuation or in the offices of the County Council, shall be retained in the office or offices in which it is so deposited, and each such map, or true copies thereof, shall be open for inspection free of charge at the office or offices in which it is so deposited by any person at any time at which such office or offices is or are open for the transaction of public business, and it shall be lawful for the Commissioner of Valuation or the County Council to prepare and supply to any person requesting the same a true copy of any map so deposited with him or them or any particular part thereof and to charge for such copy such sum as he, with the consent of the Minister for Finance, or they, may fix.

(3) It shall be the duty of the Commissioner of Valuation and of the County Council, respectively, whenever required so to do by any Court of Justice, to prepare and produce to such Court a true copy of the map deposited with him or them pursuant to subsection (1) of this section, or any specified part thereof 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, unless the contrary is shown, be sufficient evidence of the boundary (in so far as the same is shown on such copy) of the established electoral county to which the copy purports to relate, notwithstanding any discrepancy between such copy and the description of a boundary contained in the Third Schedule to this Act or any ambiguity or uncertainty in such description or in the application thereof.

Section 10 , supplementary provisions.

18.(1) The Minister may by regulations provide that, notwithstanding the alteration of boundaries effected by section 10 of this Act—

(a) any enactment (other than this Act) or any order, regulation, rule, bye-law or other instrument or agreement made wholly or partly under any such enactment, shall, for such period as may be specified in the regulations, continue to have effect in the added areas, in the excluded areas or in any part so specified of those areas,

(b) the expression “county borough” in any enactment specified in the regulations or in any such instrument or agreement so specified shall, for such period as is so specified, continue to include (and be deemed always to have continued to include) the excluded areas or any part so specified of the excluded areas.

(2) Nothing in this section shall be construed as prejudicing the generality of section 24 of this Act.

PART IV

General Reorganisation

Alteration of boundary of Borough of Galway.

19.(1) (a) On the commencement of this subsection, the area described in the Fourth Schedule to this Act shall, for the purposes of the local elections next occurring after such commencement, be detached from the County Health District of Galway and from the jurisdiction and powers of the council of the county of Galway (in so far as they relate to such purposes) and be added to the Borough of Galway, and on and from such commencement the said area shall be included in, and form part of, the said borough for the said purposes and the boundary of that borough shall be altered accordingly.

(b) The Minister may by order make such incidental, consequential and supplementary provisions as appear to him to be expedient to enable paragraph (a) of this subsection to have effect for the purposes of the elections referred to in that paragraph.

(2) The Minister shall by order provide that the boundary alteration effected by subsection (1) of this section shall (in addition to having effect for the purposes specified in the said subsection (1)) have effect for such other purposes as shall be specified in the order.

(3) Where an order under subsection (2) of this section has not been made prior to the local elections next occurring after the commencement of subsection (1) of this section, then, pending the making and coming into operation of the said order, each of the persons elected at the aforesaid local elections to the council of the Borough of Galway shall be the members of and, as regards the period beginning on the day of their coming into office and ending on the commencement of the said order, shall act as the council for the said borough as it existed immediately prior to the making of the boundary changes effected by the said subsection (1).

(4) For the purposes of giving effect to the order required to be made by subsection (2) of this section, the Minister may either by that order or by another order—

(a) make a provision similar to or to the same effect (with any modifications which the Minister may consider appropriate in the particular circumstances) as any provision contained in the Second Schedule to this Act, and

(b) do anything which may be done by order under section 24 of this Act, and

(c) make such other provision (if any), as the Minister shall think proper, in relation to any matter whatsoever.

(5) Nothing in this section shall be construed as prejudicing the generality of section 24 of this Act.

Boundary alterations under section 19 ; supplementary provisions.

20.The Minister shall, as soon as may be after the commencement of section 19 of this Act and in any event not later than the date of the making of an order under section 84 (as amended by section 4 of the Local Elections Act, 1966 ) of the Electoral Act, 1963 , fixing the polling day at the local elections to be held in 1985, make an order under subsection (2) (as amended by section 87 (4) of the Electoral Act, 1963 ) of section 35 of the Local Government Act, 1941 , in respect of the Borough of Galway and an order under section 33 of the said Act, in respect of the county of Galway.

Limited power to alter number of members of a county council.

21.(1) The Minister may by order, made at any time before the local elections held next after the passing of this Act, alter the number of members of the council of any county specified in the order.

(2) Where the Minister makes an order under this section, on and after the ordinary day of retirement of members of any council to which the order relates next after the passing of this Act, the number of members of any such council shall consist of the number fixed in that regard by the order.

(3) Where an order is made under this section in relation to the council of a county, in so far as the order fixes the number of members of the council, it shall, for the purposes of subsection (7) of section 33 of the Local Government Act, 1941 , be regarded as having been made under the said section 33.

(4) Nothing in this section shall be construed as operating to prevent or restrict the power under Article 25 of the Schedule to the Local Government (Application of Enactments) Order, 1898, to alter the number of members of the council of any county.

Temporary arrangements with respect to register of electors.

22. Where, by reason of the making of an order dividing any county, county borough, borough or urban district into electoral areas (including an order made under section 14 , or pursuant to the requirements of section 20 , of this Act), or amending or modifying such a division (which order is in this section hereafter referred to as “the dividing order”), a polling district or part of a polling district is situate in an electoral area, being an electoral area specified in the dividing order and which is identical in area and name with none of the electoral areas existing immediately before the day on which the dividing order is made, the Minister may, by direction, provide for the entry of the name of that electoral area, in respect of the polling district or part of the polling district, in every register of electors and list of corrections prepared under Part II of the Electoral Act, 1963 , and published by a registration authority before the local elections next held after the making of the dividing order.

Temporary arrangements with respect to certain polling districts.

23.(1) Where, by reason of the making of an order dividing any county, county borough, borough or urban district into electoral areas (including an order made under section 14 , or pursuant to the requirements of section 20 , of this Act) or amending or modifying such a division (which order is in this subsection subsequently referred to as “the dividing order”), a polling district existing immediately before the day on which the dividing order is made is not wholly situate within one of the electoral areas specified in the dividing order, the appropriate officer shall, with respect to the part of the polling district situate in an electoral area so specified—

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

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

(2) An arrangement made pursuant to subsection (1) of this section shall, as regards a polling district to which it relates, have effect until, and only until, the scheme under section 22 of the Electoral Act, 1963 , and relating to the county, county borough, borough or urban district, as may be appropriate, in which the polling district is situate is next made after the commencement of the relevant dividing order within the meaning of the said subsection (1), comes into operation.

(3) In this section “the appropriate officer” means—

(a) in relation to a polling district situate in a county borough, the manager for the purposes of the Acts relating to the management of the county borough (including a person duly appointed either as deputy for such manager or to act in the place of such manager during his absence or incapacity or during a vacancy in his office),

(b) in relation to a polling district situate in an established electoral county, the Dublin City Manager and Town Clerk (including a person duly appointed either as deputy for such manager or to act in the place of such manager during his absence or incapacity or during a vacancy in his office), and

(c) in relation to any other polling district, the secretary of the council of the county in which the polling district is situate (including a person duly appointed either as deputy for such secretary or to act in the place of such secretary during his absence or incapacity or during a vacancy in his office).

Power to amend, adapt, modify, repeal or revoke enactments.

24. Where it appears to the Minister—

(a) having regard to any provision of this Act, that it is appropriate so to do, or

(b) to be necessary or expedient for the purpose of enabling any enactment, other than this Act or, any order, regulation, rule, bye-law or other instrument, or agreement, to have effect in conformity with this Act, or

(c) to be necessary or expedient for the purposes of remedying any inconsistency between any such enactment or instrument and this Act, or

(d) that any such enactment or instrument is adequately replaced or is rendered unnecessary by any provision of this Act,

the Minister may, in relation to any such enactment (including any provision contained in a local, personal or private Act), instrument or agreement, by order provide for—

(e) its application, with any modification or adaptation specified in the order, to local authorities generally, to local authorities of a class or description specified in the order, or to any particular local authority or part so specified of the functional area of a local authority so specified, or

(f) its non-application to local authorities generally, to local authorities of a class or description so specified or to any particular local authority or part so specified of the functional area of a local authority so specified, or

(g) its amendment otherwise or its repeal, revocation or termination.

Quorums of certain local authorities.

25.(1) (a) On and after the ordinary day of retirement of the members of the City Council (within the meaning of section 9 of this Act) next occurring after the commencement of section 11 of this Act the number of members of that Council constituting a quorum shall be thirteen.

(b) Section 31 (2) of the Local Government (Dublin) Act, 1930 , shall be construed and have effect subject to paragraph (a) of this subsection.

(2) (a) On and after the ordinary day of retirement of the members of the Council of the Borough of Galway next occurring after the commencement of section 6 of this Act the number of members of that Council constituting a quorum shall be four.

(b) Section 15 of the Local Government (Galway) Act, 1937 , shall be construed and have effect subject to paragraph (a) of this subsection.

(3) Where the Minister makes an order under section 16 (6) of this Act specifying the number of members of the council of the Borough of Dún Laoghaire, he shall by order under this subsection fix a quorum for that council.

(4) Where an order under subsection (3) of this section is for the time being in force, section 43 (1) of the Local Government (Dublin) Act, 1930 , shall be construed and have effect subject to the terms of the order.

Number of members of certain committees of agriculture.

26.Rule 3 (inserted by section 26 (1) of the Agriculture (An Chomhairle Oiliúna Talamhaíochta) Act, 1979) of the Second Schedule to the Agriculture Act, 1931 , shall, as regards the Dublin Committee of Agriculture and such other committee of agriculture (if any) as for the time being stands specified in an order made for the purposes of this section by the Minister, be construed and have effect as if “the same number as the number appointed at the annual meeting of the council held next before the commencement of section 12 of the Local Government (Reorganisation) Act, 1985,” were substituted for “four times the number of county electoral areas in the county at the date of that annual meeting”.

Appointments by local authorities to certain committees and other bodies.

27.(1) Subject to subsection (4) of this section, a local authority in appointing, whether by nomination or election, members of the local authority or persons who are not members of the local authority (where such is authorised by or under any enactment relating to such appointments) to be members of any body mentioned in subsection (2) of this section or a committee of agriculture shall make such appointments—

(a) in the case of appointments to membership of a committee of agriculture, in accordance with the rules set out in Part I of the Fifth Schedule to this Act, and

(b) in the case of appointments to membership of any body so mentioned, in accordance with the rules set out in Part II of the said Fifth Schedule .

(2) The bodies (other than a committee of agriculture) referred to in subsection (1) of this section are—

(a) a committee or board of a local authority,

(b) a joint committee or joint board of a local authority and one or more other local authorities,

(c) a vocational education committee,

(d) a harbour authority,

(e) a school attendance committee,

(f) a regional development organisation,

(g) a regional tourism organisation,

(h) the County Councils' General Council,

(i) the Association of Municipal Authorities of Ireland, and

(j) such other bodies as may for the time being be specified in regulations made for the purposes of this section by the Minister (either generally or with reference to any particular local authority or class or description of local authority).

(3) Subsection (4) of section 7 of the City and County Management (Amendment) Act, 1955 , shall have effect as if the words “and, with respect to each such electoral area, two members of the council who were elected for that area shall be appointed to the committee” were deleted.

(4) (a) Subsection (1) of this section shall not apply as regards the appointment to membership of a vocational education committee or a school attendance committee of persons who are not members of a local authority.

(b) Nothing in this section shall be construed as operating to render unnecessary for appointment to any office, post or position the possession of any special knowledge, experience or other qualification the possession of which is required by law for appointment to the office, post or position.

(c) Nothing in this section shall be construed as affecting the entry to or tenure of membership of any body, or any other office, held ex officio.

(5) A reference to a committee, board, joint committee or joint board in paragraphs (a) or (b) of subsection (2) of this section shall be construed as including a reference to a committee, board, joint committee or joint board appointed by or under statute to perform the functions of a local authority.

Maritime boundaries of counties and county boroughs.

28.(1) (a) The land lying between the existing boundary of the administrative county of Cork and an imaginary straight line drawn from Muccurragh Point in Bantry Bay to League Point in the said bay shall, subject to paragraph (b) of this subsection, on and after the commencement of this section, be included in, and form part, of the said administrative county and the boundary of that county shall be altered accordingly.

(b) Paragraph (a) of this subsection shall have effect—

(i) in case an order under paragraph (c) of this subsection is for the time being in force, for the purposes specified in the order,

(ii) in case such an order is not so in force, for all purposes.

(c) (i) The Minister may by order provide that paragraph (a) of this subsection shall have effect for, and only for, such purposes as are specified in the order.

(ii) In case an order under this paragraph is for the time being in force, references in any enactment to the functional area of a local authority shall be construed and have effect subject to the terms of the order.

(2) (a) Notwithstanding any enactment relating to the extension, adjustment or other alteration of the boundary of a county or county borough, but subject to paragraph (b) of this subsection, the Minister may by order provide that any land specified in the order, being land to which this subsection applies, shall, on and from such date as is specified in the order, be included in, and form part of, a county or county borough specified in the order and the boundary of that county or county borough shall be altered accordingly.

(b) Prior to making an order under this subsection, the Minister shall consult the Commissioners of Public Works in Ireland and any other Minister of the Government who, in his opinion, may be concerned, and the council of any county or the corporation of any county borough which, in his opinion, may be affected.

(c) This subsection applies to land—

(i) which is contiguous to the county or county borough to which an order under this subsection relates, and

(ii) all of which is located below the high water mark, and

(iii) is to the landward side of a line every point of which is three miles distant from the high water mark, and

(iv) does not form part of any county or county borough.

(d) An order under this subsection may provide that the order shall have effect for all purposes or for, and only for, such purposes as are specified in the order, and in case purposes are so specified, then for so long as the relevant order remains in force references in any enactment to the functional area of a local authority shall be construed and have effect subject to the terms of the order.

(3) (a) The Minister may by order make such incidental, consequential and supplementary provisions as appear to him to be expedient to enable subsection (1) of this section to have effect.

(b) An order under subsection (1) (c) (i) or (2) of this section may include such incidental, consequential and supplementary provisions as appear to the Minister to be expedient.

(c) Without prejudice to the generality of paragraph (a) or (b) of this subsection, the Minister may by an order under this subsection—

(i) provide for—

(I) the preparation of official maps and the evidential value of such maps,

(II) the inclusion of the land specified in the order, or of any part of such land, in any borough, urban district or town, or in any other administrative, electoral or geographical area or district, or

(III) any matter or thing provided for or referred to in the Second Schedule to this Act, or

(ii) do any thing which may be done by order under section 24 of this Act.

(4) Nothing in this section shall be construed as prejudicing the generality of section 24 of this Act.

(5) In this section—

land” includes any structure and any land covered with water, including the sea;

structure” includes any erection, excavation, or other thing (or any part thereof) constructed, erected or made on, in, or under any land, including any platform or other man-made installation on or above the sea bed, whether or not such structure is at any state of the tide wholly or partly above or wholly below, the surface of the sea and, where the context so admits, includes the land on, in, or under which the structure is situated.

Saver.

29.Nothing in this Act shall be construed as interrupting or otherwise affecting the continued existence of the council of the County of Dublin or of the Corporation of the Borough of Dún Laoghaire or the exercise or performance by either of those bodies of any of its functions.

FIRST SCHEDULE

The Excluded Areas and the Added Areas

Section 10 .

PART I

Interpretation

1. In this Schedule—

(a) a reference to the existing boundary shall be construed as a reference to the boundary of the City as it existed immediately before the commencement of section 10 of this Act,

(b) a reference to an imaginary line drawn along any road, lane, grove, avenue, river, channel or gate shall be construed as a reference to such a line drawn along the centre of such road, lane, grove, avenue, river, channel or gate,

(c) a reference to the point at which any road, lane, grove, avenue, river, channel, gate or imaginary projection intersects or joins any other road, lane, grove, avenue, river, channel, gate or imaginary projection shall be construed as a reference to the point at which a line drawn along the centre of the one or, in the case of an imaginary projection, along the one, would be intersected or joined by a line drawn along the centre of the other or, in the case of an imaginary projection, along the other,

(d) a reference to a point at which any road, lane, river or imaginary projection intersects or joins a boundary shall be construed as a reference to the point at which a line drawn along the centre of such road, lane, river, or, in the case of an imaginary projection, along the projection, would intersect or join such boundary.

PART II

Parts of the City detached therefrom and added to the County by virtue of section 10 (1).

2. (1) The part of the City enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point where the existing boundary meets the western boundary of the Dublin-Belfast railway line at “Howth Junction” Railway Station, thence in a southerly direction along the said western boundary to the point at which it joins Kilbarrack Road, and finally continuing in an easterly direction along Kilbarrack Road and along its imaginary projection (in a south-easterly direction) across Dublin Road to the point at which the said imaginary projection joins the existing boundary on the northern shore of Sutton Creek.

(2) The part of the City which comprises the island of “Ireland's Eye” and all its surrounding islets and rocks.

(3) The part of the City enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point on the existing boundary at the junction of Kimmage Road West and Shelton Grove, thence in a south-easterly direction along Kimmage Road West to the point at which it joins Fortfield Road, and continuing in a south-westerly direction along Fortfield Road to the point at which it joins the existing boundary.

(4) The part of the City enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point on the existing boundary at the junction of Fortfield Road and Templeogue Road, thence in a north-easterly direction along Templeogue Road to the point where the imaginary projection (in a north-westerly direction) of the south-western boundary of Bushy Park is intersected by Templeogue Road, thence in a south-easterly direction along the said imaginary projection and boundary and along its imaginary projection (in a south-easterly direction) to its intersection by the existing boundary.

(5) The part of the City enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point on the existing boundary where the Owendoher River forms a junction with the River Dodder, thence, initially in a north-easterly direction, along the River Dodder to the point where it joins the existing boundary.

(6) The part of the City enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point on the existing boundary where it meets the most western point of the boundary of “Woodview” and Greenfield Park, thence in an easterly direction along the northern boundary of “Woodview” and along its imaginary projection (in an easterly direction) to the point where the said imaginary projection joins Stillorgan Road, and continuing in a south-easterly direction along the Stillorgan Road to the point at which it joins the existing boundary.

(7) The part of the City enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point where the imaginary projection (in a south-westerly direction) of the southeastern boundary of Cranford Lodge intersects the existing boundary, thence initially in a north-easterly direction along the said imaginary projection and the said south-eastern boundary and along the southern boundary of Elm Park Golf Course and along the northern boundary of Bellevue House to its junction with the north-eastern boundary of Bellevue House at its gate lodge, thence in a south-westerly direction along the last-mentioned boundary and along its imaginary projection (in a south-westerly direction) to the point at which it joins the existing boundary.

PART III

Parts of the County detached therefrom and added to the City by virtue of section 10 (2).

3. (1) The part of the County enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point where the existing boundary intersects the Dublin-Belfast railway line at Grange Road, thence in a northerly direction along the western boundary of the Dublin-Belfast railway line to the point at which the said western boundary intersects the Mayne River, then continuing in a westerly direction along the Mayne River and the northern channel of the Mayne River to the point at which the Mayne River intersects the eastern boundary of the Santry By-Pass Extension, then continuing in a south-westerly direction along the eastern boundary of the Santry By-Pass Extension to its intersection by Coolock Lane (Oscar Traynor Road), then continuing in a westerly direction along Coolock Lane (Oscar Traynor Road) to the point at which it joins the Swords Road, then continuing in a southerly direction along Swords Road to the point at which it joins Santry Avenue, then continuing in a westerly direction along Santry Avenue to the point at which it joins Ballymun Road, then continuing in a northerly direction along Ballymun Road to the point at which it joins St. Margaret's Road, then continuing, initially in a westerly direction along St. Margaret's Road to the point at which it joins Jamestown Road, and finally continuing in a southerly direction along Jamestown Road to its point of intersection with the existing boundary.

(2) The part of the County enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point where the existing boundary meets the eastern boundary of Kildonan Townland, thence along a straight line in a south-westerly direction to the point where the existing boundary meets the southern boundary of Kildonan Townland, then continuing in a westerly direction along the said southern boundary to the point where it meets the eastern boundary of Cappoge Townland, then continuing initially in a southern direction along the said eastern boundary to the point where it meets the northern boundary of St. Laurence's School for Young Offenders, then continuing initially in a westerly direction along the northern boundary and the western boundary of the school and the western boundary of Avila Park and the imaginary projection (in a southerly direction) of the western boundary of Avila Park to the point at which it joins Cappagh Road, and finally continuing in a south-easterly direction along Cappagh Road to its point of intersection with the existing boundary.

(3) The part of the County enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point where the existing boundary intersects the Tolka River at the south-eastern corner of Scribblestown Park, thence in a westerly direction along the Tolka River and the northern channel of the Tolka River to the point at which it intersects Dunsinea Road, then continuing, initially in a southerly direction along Dunsinea Road across the Royal Canal and the Dublin-Galway railway line at the level crossing immediately west of Ashtown station and along Ashtown Road to its junction with Navan Road on the western side of the roundabout opposite the public house known as “the Halfway House”, then continuing in a south-easterly direction along Navan Road to the point at which it joins Castleknock Road, then finally continuing in a south-westerly direction along Castleknock Road to its point of intersection with the existing boundary at the Ashtown Gate to the Phoenix Park.

(4) The part of the County enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point where the existing boundary intersects Ballyfermot Road, thence, initially in a westerly direction along Ballyfermot Road and Irishtown Road to the point at which the last-mentioned road joins Cloverhill Road, then continuing, initially in a southerly direction along Cloverhill Road to the point where it meets the northern boundary of Ballynamaggin Townland at Cloverhill Cottage, then continuing, initially in a south-easterly direction, along the northern boundary of Ballynamaggin Townland to the point where it meets the western boundary of Gallanstown Townland, then continuing, initially in a southerly direction, along the said western boundary to the point where it meets the northern boundary of the Grand Canal, and finally continuing in an easterly direction along the northern boundary of the Grand Canal to its point of intersection with the existing boundary.

(5) The part of the County enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point where the existing boundary intersects the roundabout at the junction of Ballymount Road Lower, Walkinstown Road Lower and Cromwellsfort Road, thence in an easterly direction along Cromwellsfort Road to its point of intersection with the existing boundary.

(6) The part of the County enclosed by the existing boundary and an imaginary line drawn as follows:—

Starting at the point where the existing boundary intersects the imaginary projection (in a westerly direction) of the boundary between the “Sports-ground” and “Richview Press” at Beechhill Road, thence, initially in an easterly direction, along the said imaginary projection and the boundary between the “Sportsground” and “Richview Press” to the point at which the eastern boundary of the “Sportsground” meets the western boundary of Beechhill Estate, and continuing initially in a south-easterly direction along the western and southern boundary of Beechhill Estate to the point where it joins the existing boundary.

SECOND SCHEDULE

Provisions consequential on alteration of boundaries effected by section 10

Section 10 .

Preparation of maps.

1. (1) As soon as may be after the commencement of section 10 of this Act, 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 shall think fit, showing the excluded areas and the added areas and the altered boundaries of the City and of the County and when such maps have been prepared by the said Commissioner he shall seal each such map and shall, as soon as may be thereafter, deposit them as follows, namely, one of them in the principal office of the said Commisioner, another in the offices of the Corporation, another in the offices of the County Council and another in the offices of the Minister.

(2) Every map deposited pursuant to paragraph (1) of this Article in the principal office of the Commissioner of Valuation or in the offices of the Corporation or the County Council, shall be retained in the office or offices in which it is so deposited, and each such map, or true copies thereof, shall be open for inspection free of charge at the office or offices in which it is so deposited by any person at any time at which such office or offices is or are open for the transaction of public business, and it shall be lawful for the said Commissioner, the Corporation or the County Council 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 he, with the consent of the Minister for Finance, or they, may fix.

(3) It shall be the duty of the Commissioner of Valuation, the Corporation and the County Council, respectively, whenever required so to do by any Court of Justice, to prepare and produce to such Court a true copy of the map deposited with him or them under this Article or any specified part thereof 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, unless the contrary is shown, be sufficient evidence of the excluded areas, the added areas and the altered boundaries of the City and of the County (in so far as the same are shown on such copy), notwithstanding any discrepancy between such copy and the description contained in the First Schedule to this Act or any ambiguity or uncertainty in such description or in the application thereof.

Financial adjustments between Corporation and County Council.

2. (1) Subject to paragraph (5) of this Article, the Corporation and the County Council may, from time to time as occasion requires, make an equitable adjustment (hereafter in this Schedule referred to as an “agreed adjustment”) in regard to any matter or thing requiring to be adjusted between them in consequence of the alteration of the boundaries of the City and of the County effected by section 10 of this Act and not otherwise provided for by this Act and, without prejudice to the generality of the foregoing, may, in particular, make an agreed adjustment in regard to all or any of the following—

(a) any net loss of revenue, actual or prospective, which is or may be incurred by the Corporation or the County Council in consequence of an alteration of a boundary effected by section 10 of this Act,

(b) property, whether real or personal (including choses-in-action), vested in or belonging to or held in trust for the Corporation or the County Council and wholly or partly situate in or relating to the excluded areas or the added areas or any particular part thereof,

(c) debts (including mortgage debts), charges created by statute and other liabilities (including unliquidated amounts, unliquidated damages arising from torts or breaches of contract and accruing or prospective liabilities), due and unpaid, or incurred and undischarged, by the Corporation or by the County Council and relating wholly or in part to either the excluded areas (or any particular part thereof) or the added areas (or any particular part thereof).

(2) An agreed adjustment in relation to property may provide for the retention of such property by either the Corporation or the County Council or for the transfer of such property to either the Corporation or the County Council or for the joint user of such property by the Corporation or the County Council and may also provide for the payment of money, by a single payment or in two or more instalments, by or to the Corporation to or by the County Council on account of the retention, transfer, or joint user of such property.

(3) An agreed adjustment in relation to any debt or other liability may provide for the whole of such debt or liability being borne by the Corporation or for the whole of such debt or liability being borne by the County Council (except in the case of mortgage debts) for the apportionment of the liability for such debt or liability between the Corporation and the County Council and may also provide for the payment of money, by a single payment or in two or more instalments, to or by the Corporation by or to the County Council in respect of such debt or liability.

(4) Subject to paragraph (5) of this Article, whenever the Corporation and the County Council fail to agree upon an equitable adjustment of any matter or thing which, were they agreed, would be the subject of an agreed adjustment under this Article, the Minister shall, upon the request of either the Corporation or the County Council make an adjustment (hereafter in this Schedule referred to as a “compulsory adjustment”) of such matter or thing and may by such adjustment make any provision in relation to such matter or thing which could under this Article have been provided for by an agreed adjustment.

(5) In making an agreed adjustment or a compulsory adjustment regard shall be had to Article 12 of this Schedule.

(6) Every agreed adjustment and every compulsory adjustment shall have effect according to its terms and shall be final and conclusive and, accordingly, shall be enforceable by the Corporation or the County Council against the other of them.

Bye-laws etc., in the excluded areas and in the added areas.

3. (1) (a) Subject to subparagraph (b) of this paragraph, every bye-law, rule and regulation lawfully made and enforceable by the Corporation in the excluded areas or any part thereof, and which was in force immediately before the commencement of section 10 of this Act shall, in so far as it is not inconsistent with this Act, on and from the said commencement continue in force and have effect in the excluded areas or part thereof, as if it were a bye-law, rule or regulation, as may be appropriate, made by the County Council and which came into operation on the said commencement in respect of the area or so much of the area as is within the excluded areas for and in respect of which the same was originally made and accordingly every such bye-law, rule and regulation may be continued, amended, varied or revoked and any penalty and forfeiture arising thereunder on or after the said commencement in the excluded areas may be recovered or otherwise enforced by the County Council in the like manner and as fully as the same could have been continued, amended, varied, revoked, recovered or otherwise enforced by the Corporation had section 10 of this Act not been enacted.

(b) No bye-law, rule or regulation mentioned in subparagraph (a) of this paragraph in so far as it is continued in force by the said subparagraph (a), shall so continue in force after the expiration of the period of one year beginning on the commencement of section 10 of this Act unless, within that period, the County Council, by resolution, declares that the bye-law, rule or regulation shall, in so far as it is continued in force by the said subparagraph (a), continue in force after the expiration of that period.

(c) No bye-law, rule or regulation in force in the County immediately before the commencement of section 10 of this Act shall apply or be extended to the excluded areas by virtue only of the inclusion of such areas in the County by section 10 of this Act but the County Council may at any time, within the period of one year beginning on the commencement of section 10 of this Act, by resolution, extend or apply any such bye-law, rule or regulation to the excluded areas, or to any part thereof, and upon any extension or application being made under this subparagraph any bye-law, rule or regulation continued in force in the excluded areas or a part or parts of those areas by subparagraph (a) of this paragraph and which is inconsistent with the bye-law, rule or regulation to which the relevant resolution of the County Council relates shall cease to have effect in the excluded areas or, as may be appropriate, in such part or parts.

(2) (a) Subject to subparagraph (b) of this paragraph, every bye-law, rule and regulation lawfully made and enforceable by the County Council in the added areas or any part thereof, and which was in force immediately before the commencement of section 10 of this Act, shall, in so far as it is not inconsistent with this Act, on and from the said commencement continue in force and have effect in the added areas or part thereof, as if it were a bye-law, rule or regulation, as may be appropriate, made by the Corporation and which came into operation on the said commencement in respect of the area or so much of the area as is within the added areas for and in respect of which the same was originally made and accordingly every such bye-law, rule and regulation may be continued, amended, varied or revoked and any penalty and forfeiture arising thereunder on or after the said commencement in the added areas may be recovered or otherwise enforced by the Corporation in the like manner and as fully as the same could have been continued, amended, varied, revoked, recovered or otherwise enforced by the County Council had section 10 of this Act not been enacted.

(b) No bye-law, rule or regulation mentioned in subparagraph (a) of this paragraph, in so far as it is continued in force by the said subparagraph (a), shall so continue in force after the expiration of the period of one year beginning on the commencement of section 10 of this Act unless, within that period, the Corporation, by resolution, declares that the bye-law, rule or regulation shall, in so far as it is continued in force by the said subparagraph (a), continue in force after the expiration of that period.

(c) No bye-law, rule or regulation in force in the City immediately before the commencement of section 10 of this Act shall apply or be extended to the added areas by virtue only of the inclusion of such areas in the City by section 10 of this Act but the Corporation may at any time within the period of one year beginning on the commencement of section 10 of this Act, by resolution, extend or apply any such bye-law, rule or regulation to the added areas or to any part thereof, and upon any extension or application being made under this subparagraph any bye-law, rule or regulation continued in force in the added areas or in part or parts of those areas by subparagraph (a) of this paragraph and which is inconsistent with the bye-law, rule or regulation to which the relevant resolution of the County Council relates shall cease to have effect in the added areas or, as may be appropriate, in such part or parts.

Resolutions etc. relating to the excluded areas and to the added areas.

4. (1) (a) Every resolution passed, order made, and notice served by the Corporation before the commencement of section 10 of this Act in relation to the excluded areas 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, on and from the said commencement shall, in so far as it relates to the excluded areas or any part thereof or anything done or to be done therein and in so far as it is not inconsistent with this Act, continue in force and have effect as if it were a resolution passed, an order made, or a notice served by the County Council on the date on which the same was actually passed, made or served by the Corporation, and as if on the said date the excluded areas had been included in the County.

(b) (i) Any thing done, or treated by virtue of any enactment as having been done, by, to, or in relation to, the Corporation before the commencement of section 10 of this Act in relation to the excluded areas, in the exercise or performance of or by the Corporation of any of its powers, functions or duties, shall in so far as it is not inconsistent with this Act, be treated as having been done, by, to, or in relation to, the County Council.

(ii) Any reference to the Corporation in a document referred to in paragraph (3) of this Article shall, in so far as it is not inconsistent with this Act, be construed as a reference to the County Council.

(2) (a) Every resolution passed, order made, and notice served by the County Council before the commencement of section 10 of this Act in relation to the added areas or any part thereof anything done or to be done therein and the operation, effect or term of which had not ceased or expired before the said commencement, on and from the said commencement shall, in so far as it relates to the added areas or any part thereof or anything done or to be done therein and in so far as it is not inconsistent with this Act, continue in force and have effect as if it were a resolution passed, an order made, or a notice served by the Corporation on the date on which the same was actually passed made or served by the County Council and as if on the said date the added areas had been included in the City.

(b) (i) Any thing done or treated by virtue of any enactment as having been done, by, to, or in relation to the County Council before the commencement of section 10 of this Act in relation to the added areas, in the exercise or performance of or by the County Council of any of its powers, functions or duties, shall in so far as it is not inconsistent with this Act, be treated as having been done, by, to, or in relation to, the Corporation.

(ii) Any reference to the County Council in a document referred to in paragraph (3) of this Article shall, in so far as it is not inconsistent with this Act, be construed as a reference to the Corporation.

(3) In this Article “thing” includes the following—

(a) any written agreement or other instrument in writing or any determination or declaration made by or on behalf of, or to be treated as having been made by or on behalf of the Corporation or the County Council,

(b) any direction given, or to be treated as having been given, by or to the Corporation or by or to the County Council,

(c) any licence, permission, consent, approval, exemption or relaxation granted or given, or to be treated as having been granted or given, by or to the Corporation or by or to the County Council,

(d) any application, proposal or objection made, or to be treated as having been made, by or to the Corporation or by or to the County Council,

(e) any condition or requirement imposed, or to be treated as having been imposed, by or on the Corporation or by or on the County Council.

Provisions relating to registers of electors.

5. On and from the commencement of section 10 of this Act—

(a) so much of the register of electors as, immediately before such commencement, was in force for the City as regards the excluded areas shall be deemed to form part of the register of electors in force for the County and shall be shown separately in such manner as the Minister shall direct; and

(b) so much of the register of electors as immediately before such commencement, was in force for the County as regards the added areas shall be deemed to form part of the register of electors in force for the City and shall be shown separately in such manner as the Minister shall direct.

Provisions relating to polling districts and polling places.

6. (1) Where immediately before the commencement of section 10 of this Act, a polling district is situated partly within the excluded areas, the Secretary of Dublin County Council shall, with respect to the part of the polling district so situated, and the Dublin City Manager and Town Clerk shall, with respect to the part of such polling district then situated without the excluded areas—

(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) Where immediately before the commencement of section 10 of this Act, a polling district is situated partly within the added areas, the Dublin City Manager and Town Clerk shall, with respect to the part of the polling district so situated, and the Secretary of Dublin County Council shall, with respect to the part of the polling district then situated without the added areas—

(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.

(3) Any arrangement made pursuant to this Article shall have effect until, and only until, the scheme, next made after the commencement of section 10 of this Act, under section 22 of the Electoral Act, 1963 , in relation to the City or the County, as the case may be, comes into operation.

(4) In this Article—

(a) a reference to the Dublin City Manager and Town Clerk includes a reference to a person duly appointed either as deputy for such manager or to act in the place of such manager during his absence or incapacity or during a vacancy in his office, and

(b) a reference to the Secretary of Dublin County Council includes a reference to a person duly appointed either as deputy for such secretary or to act in the place of such secretary.

Application and adaptation of local enactments.

7. (1) Every local Act in force immediately before the commencement of section 10 of this Act in, or in relation to, the City shall extend to the added areas and shall, on and from the said commencement, be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Act.

(2) Every local Act in force immediately before the commencement of section 10 of this Act in, or in relation to, the County shall extend to the excluded areas and shall, on and from the said commencement, be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Act.

Provisions relating to development plans.

8. (1) The development plan for the City as it existed immediately before the commencement of section 10 of this Act, in so far as, immediately before such commencement, it had effect as regards the excluded areas shall, on and after such commencement, continue to have such effect pending the making of a new development plan by the County Council or the making by the County Council, as regards those areas, of a variation of the development plan for the County.

(2) The development plan for the County as it existed immediately before the commencement of section 10 of this Act, in so far as, immediately before such commencement, it had effect as regards the added areas shall, on and after such commencement, continue to have such effect pending the making of a new development plan by the Corporation or the making by the Corporation, as regards those areas, of a variation of the development plan for the City.

(3) In this Article “development plan” means a development plan within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1983.

Employment Regulation Orders.

9. Nothing in this Act shall be construed as affecting any Employment Regulation Order made by the Labour Court under the provisions of the Industrial Relations Acts, 1946 to 1976.

Hours of Trading Orders.

10. Nothing in this Act shall be construed as affecting any order made by the Minister for Industry, Trade, Commerce and Tourism under the Shops (Hours of Trading) Act, 1938 .

Limitation on rates.

11. (1) This Article applies to hereditaments in the excluded areas which were, or were liable to be, assessed with the municipal rate for the local financial year 1985.

(2) For the purpose of the assessment and levying of the county rate on a hereditament to which this Article applies, the following provisions shall apply in each of the ten local financial years next following 1985:

(a) where the valuation of the hereditament is the same as or less than the standard valuation, the valuation shall be reduced to the proportion, specified in the Table to this Article for the particular year, of the valuation on which the county rate would otherwise fall to be assessed, and

(b) where the valuation of the hereditament is greater than the standard valuation, the amount of the valuation which is equal to the standard valuation shall be reduced to the proportion, specified in the Table to this Article for the particular year, of the valuation on which the county rate would otherwise fall to be assessed.

(3) In this Article—

valuation” means, the valuation under the Valuation Acts;

the standard valuation” means, in relation to a hereditament to which this Article applies, the valuation of such hereditament included in the revised valuation list received by the Corporation from the Commissioner of Valuation for the local financial year 1985.

TABLE

Limitations on County Rate

Ten years during which this Act is in force next following 1985

Proportion of Valuation (expressed in hundredths)

1986

81

1987

83

1988

85

1989

87

1990

89

1991

91

1992

93

1993

95

1994

97

1995

99

Rates and Charges.

12. (1) All rates and other charges which immediately before the commencement of section 10 of this Act were due and payable or were accruing due, in respect of the local financial year 1985, or any previous local financial year, to the Corporation or the County Council, whether in respect of a hereditament in the excluded areas or in the added areas or otherwise, shall, on and from such commencement, continue to be due and be payable and to accrue due as if section 10 of this Act had not been enacted and may be collected and recovered accordingly.

(2) If on the commencement of section 10 of this Act the municipal rate for 1985 has not been made by the Corporation or the county rate for 1985 has not been made by the County Council, the Corporation in making the municipal rate for 1985 shall make the rate in respect of hereditaments in the excluded areas and the County Council in making the county rate for 1985 shall make the rate in respect of hereditaments in the added areas and any rate so made may be collected and recovered by or on behalf of the Corporation or the County Council, as may be appropriate, as if section 10 of this Act had not been enacted.

THIRD SCHEDULE

Boundaries of Established Electoral Counties

Section 12 .

PART I

Interpretation

1. In this Schedule—

(a) a reference to the County or to the City shall be construed as a reference to the County or City as it exists immediately after commencement of section 10 of this Act and a reference to the boundary of the County or of the City shall be construed as a reference to such a boundary as it exists immediately after the commencement of the said section 10 ,

(b) a reference to an imaginary line drawn along any road, avenue, lane, court, park, river or tributary shall be construed as a reference to such a line drawn along the centre of such road, avenue, lane, court, park, river or tributary,

(c) a reference to the point at which any road, avenue, lane, court, park, river, tributary or imaginary projection intersects or joins any other road, avenue, lane, court, park, river, tributary or imaginary projection shall be construed as a reference to the point at which a line drawn along the centre of the one or, in the case of an imaginary projection, along the one, would be intersected or joined by a line drawn along the centre of the other or, in the case of an imaginary projection, along the other,

(d) a reference to the point at which any road, avenue, lane, court, park, river, tributary or imaginary projection intersects or joins a boundary shall be construed as a reference to the point at which a line drawn along the centre of such road, avenue, lane, court, park, river, tributary, or, in the case of an imaginary projection, along the projection, would intersect or join such boundary.

PART II

Boundaries

2. (1) Boundary of electoral County of Dublin — Fingal

That part of the County every place in which is north of an imaginary line drawn as follows:

Commencing at the point where the River Liffey intersects the Kildare County boundary at Leixlip and thence, countinuing initially in a north-easterly direction, along the River Liffey to the point where it intersects the imaginary projection due South of the western boundary of the curtilage of No. 20 Weirview, Lucan; thence in a northerly direction along the said imaginary projection and the said boundary to its junction with the rear boundary of the said curtilage; thence in a north-easterly direction along the said rear boundary and the rear boundary of the curtilages of houses Nos. 19 to 1 Weirview to its junction with the eastern boundary of the curtilage of No. 1 Weirview; thence in a southerly direction along the said eastern boundary and its imaginary projection due South to the point where it intersects Lower Lucan Road; thence in a north-easterly direction along Lower Lucan Road to the point where it intersects the northern boundary of the townland of Laraghcon; thence in a south-easterly direction along the last-mentioned boundary to the point where it intersects the River Liffey; and finally continuing, initially in a north-easterly direction, along the River Liffey to the point where it intersects the boundary of the City.

(2) Boundary of electoral County of Dublin — Belgard

That part of the County which is contained in neither the electoral County of Dún Laoghaire-Rathdown nor the electoral County of Dublin— Fingal.

(3) Boundary of electoral County of Dún Laoghaire-Rathdown

That part of the County every place in which is east of an imaginary line drawn as follows:

Commencing at the point where the boundary of the City intersects the imaginary north-easterly projection of the western boundary of the curtilage of the Church of Ireland Theological College and continuing thence in a south-westerly direction along the said imaginary projection, the said boundary of the said College and the imaginary south-westerly projection of that boundary to the point where it intersects Dodder Park Road; thence in a north-westerly direction along Dodder Park Road to the point where it intersects the imaginary northerly projection of the western boundary of the curtilage of No. 1 Woodside Drive; thence in a southerly direction along the last-mentioned imaginary projection and the last-mentioned boundary to its junction with an un-named tributary of the River Dodder; thence initially commencing in a south-westerly direction, along the said un-named tributary to the point where it intersects the western boundary of Castle Golf Course; thence, initially in a south-westerly direction, along the last-mentioned boundary and along its imaginary southerly projection to the point where it intersects Nutgrove Avenue; thence in a south-easterly direction along Nutgrove Avenue to the point where it intersects the imaginary north-easterly projection of the western boundary of the curtilage of No. 54 Nutgrove Avenue; thence in a south-westerly direction along the last-mentioned imaginary projection and the last-mentioned boundary to its junction with the northern boundary of the curtilage of Scoileanna Baintiarna Loreto Náisiúnta; thence in a north-westerly direction along the last-mentioned boundary to its junction with the western boundary of the last-mentioned curtilage; thence in a south-westerly direction along the last-mentioned boundary to the point where it joins the boundary of the City (as defined in the Schedule to the City of Dublin (Extension of Boundary) Provisional Order, 1953, as confirmed by the Local Government Provisional Order Confirmation Act, 1953 , (No. 1 (Private) of 1953)); thence, initially in a south-easterly direction along the last-mentioned boundary to the point where it intersects the boundary between Nos. 77 and 79 Loreto Row; thence in an easterly direction along the last-mentioned boundary and its imaginary easterly projection to the point where it intersects the Little Dargle River; thence in a southerly direction along the Little Dargle River to the point where it intersects the imaginary easterly projection of the northern boundary of the curtilage of No. 103 Marley Avenue; thence in a westerly direction along the last-mentioned imaginary projection and the last-mentioned boundary to its junction with the rear boundary of the last-mentioned curtilage; thence; initially in a southerly direction along the said rear boundary and the rear boundary of the curtilage of houses on the western side of Marley Avenue to its junction with the southern boundary of the curtilage of No. 49 Marley Avenue; thence continuing in a southerly direction along an imaginary straight line drawn from the south-western corner of the curtilage of No. 49 Marley Avenue to the north-western corner of the curtilage of No. 47 Marley Avenue; thence continuing in a southerly direction along the rear boundary of the curtilage of houses on the western side of Marley Avenue to its junction with the southern boundary of the curtilage of No. 1 Marley Avenue; thence continuing in a southerly direction along an imaginary straight line drawn from the south-western corner of the curtilage of No. 1 Marley Avenue to the north-western corner of the curtilage of No. 15B Grange Court; thence continuing in a southerly direction along the rear boundary of the curtilage of houses on the western sided of Grange Court and its imaginary projection due South to the point where it intersects Grange Road; thence in a south-easterly direction along Grange Road to the point where it intersects the imaginary north-easterly projection of the western boundary of Marley Park; thence initially in a south-westerly direction, along the said imaginary projection and boundary to its junction with the eastern boundary of the Grange Golf Club; thence in a southerly direction along the boundary between the said golf club and Marley Park and its imaginary projection due South to the point where it intersects College Road; thence in a westerly direction along College Road to its junction with Tibradden Road; thence in a south-westerly direction along Tibradden Road to its western-most junction with Mutton Lane; thence in a westerly direction along Mutton Lane to the point where it intersects the boundary between the townlands of Cruagh and Tibradden; thence, initially in a southerly direction, along the last-mentioned boundary to its junction with the boundary between the townlands of Cruagh and Glendoo; and finally continuing, initially in a south-westerly direction, along the last-mentioned boundary to its junction with the boundary of County Wicklow.

FOURTH SCHEDULE

Areas detached from the County Health District of Galways and added to the Borough of Galway by virtue of section 19 (1).

Section 19 .

PART I

Interpretation

In this Schedule a reference to a townland part of which was included in the Borough of Galway, as it existed immediately before the commencement of section 19 (1) of this Act, shall be construed as referring only to the part of such townland which, immediately before such commencement, was not so included.

PART II

Description of Area

The area forming part of the County Health District of Galway and comprising the townlands of Coolagh, Curragrean and Doughiska in the district electoral division of Ballintemple; the townland of Ballindooly in the district electoral division of Carrowbrowne; the townlands of Ballybaan Beg, Ballybaan More, Ballybrit, Castlegar, Coolagh, Glenanail, Menlough, Merlinpark, Murroogh, Parkmore, Rahylin Glebe, Roscam, Ballagh, Barnacranny, Bushypark, Dangan Lower, Letteragh and Rahoon in the district electoral division of Galway Rural; and the townlands of Ballyburke, Ballymoneen East, Ballymoneen West, Ballynahown East, Barna, Cappagh, Cloonagower, Clybaun, Keeraun, Kimmeenmore, Lenabower, Mincloon, Shanballyduff, Shangort, Acres, Derryloney, Gortnalecka, Knocknacarragh, Pollnarooma West and Rusheen in the district electoral division of Barna.

FIFTH SCHEDULE

Rules relating to appointments by local authorities to certain committees and other bodies.

Section 27 .

PART I

Rules for the Making of Appointments to Committees of Agriculture

1. The persons to whose appointments Rule 2 (2) of the Rules of 1931 applies shall be appointed before any other persons are appointed to membership of the committee concerned.

2. Where the requirements of Rule 1 of this Schedule have been complied with, such appointments (if any) as are then necessary to comply with the requirements of Rule 4 of the Rules of 1931 shall next be made and every such appointment shall be so made by majority vote.

3. Where the requirements of Rules 1 and 2 of this Schedule have been complied with, the appointments then falling to be made to comply with the requirements of the Rules of 1931 shall next be made and every such appointment shall, be so made in accordance with the Rules set out in Part II of this Schedule.

PART II

Rules for the making of Appointments to Committees and other Bodies mentioned in, or specified in an order under, section 27 (2).

4. Where one, and only one, person falls to be appointed by a local authority to a committee of agriculture, or to a committee or other body mentioned in, or specified in an order under, section 27 (2) of this Act, he shall be appointed by a majority of the votes of the members of the local authority present at the meeting of the authority at the time when the business of making the appointment is reached.

5. Where two or more persons fall to be appointed by a local authority to a committee of agriculture or to a committee or other body mentioned in, or specified in an order under, section 27 (2) of this Act, they shall be appointed in accordance with the following provisions:

(a) any group of members of the local authority comprising the number of members necessary for the purposes of these Rules may nominate a person to be a member of the committee or other body and the person shall be so appointed on that nomination without any voting; and

(b) the members of the committee or other body then remaining to be appointed shall be appointed successively by a majority of the votes of the members of the local authority who are not members of any group referred to in paragraph (a).

6. (a) Subject to paragraph (b) of this Rule, the number of members of a local authority necessary to form a group for the purposes of these Rules shall be obtained by dividing the total number of such members present at the meeting of the authority when the business of making the relevant appointments to which this Schedule relates is reached by the number of the appointments to be so made, or, where the number so obtained is not a whole number, the whole number next above the number so obtained.

(b) No member of a local authority shall be a member of more than one group for the purposes of these Rules.

7. In this Schedule “the Rules of 1931” means the Rules contained in the Second Schedule to the Agriculture Act, 1931 .