S.I. No. 271/1987 - Public Bodies (Amendment) (No. 4) Order, 1987.

S.I. No. 271 of 1987.

PUBLIC BODIES (AMENDMENT) (No. 4) ORDER, 1987.

The Minister for the Environment, in exercise of the powers conferred on him by section 10 of the Local Government Act, 1946 (No. 24 of 1946) as substituted by section 50 of the Local Government Act, 1955 (No. 9 of 1955), hereby orders as follows:—

1. This Order may be cited as the Public Bodies (Amendment) (No. 4) Order, 1987.

2. In this Order the expression "the Principal Order" means the Public Bodies Order, 1946 (S.R. and O. 1946. No. 273).

3. This Order and the Public Bodies Orders 1946 to 1987 shall be construed as one and the expression "the Public Bodies Orders 1946 to 1987" shall include this Order.

4. On the coming into operation of this Order the Principal Order shall have effect with the amendment specified in the Schedule to this Order.

SCHEDULE

1. Article 59 of the Principal Order (as substituted therein by article 59 of Part 1 of the Schedule to the Public Bodies (Temporary Provisions) Order, 1955 ( S.I. No. 155 of 1955 ) is hereby amended by the substitution for sub-articles (1), (2) and (3) of the following sub-articles—

"(1) For the purpose of subsection (6) of section 10 of the Act of 1946 as substituted by section 50 of the Act of 1955, the net produce in the local financial years, 1986 and 1987 and in subsequent financial years, of a rate of one penny in the pound in an area shall be calculated by dividing the rate in the pound determined for such local financial year in respect of the whole of the area into the net amount calculated in accordance with sub-article (3) of this article in the local financial year.

(2) For the purpose of subsection (6) of section 10 of the Act of 1946 as substituted by section 50 of the Act of 1955, where an area (in this sub-article referred to as a "joint area") on which the expenses of the council of a county are charged consists of two or more areas (exclusive of urban areas) for the whole of each of which a different rate in the pound is determined for a local financial year, the net produce of a rate of one penny in the pound in the joint area in a local financial year shall be calculated by adding the net amount produced by the sources of finance mentioned in the next following sub-article in each of the areas comprising the joint area computed in the manner prescribed in the said sub-article.

(3) The net amount produced in a local financial year in respect of an area for the purpose mentioned shall be the sum of—

( a ) the current rates made on the rateable value ( other than specified valuations for the purposes of the Local Government (Financial Provisions) Act, 1978 ) of the hereditaments effective for the assessment of rates as contained in the rate book;

( b ) the total amount of the grant made by the Minister for the Environment to the rating authority in respect of the local financial year under section 9 of the Local Government (Financial Provisions) Act, 1978 (No. 21of 1978);

( c ) the total amount of the grant made in lieu of rates on land by the Minister for the Environment to the rating authority in respect of the local financial year;

( d ) the contributions inlieu of rates;

( e ) the amount (if any) recouped to the rating authority under subsection (7) of section 13 of the Fisheries Act, 1925 (No. 32 of 1925) as extended by section 7 of the Fisheries (Amendment) Act,1949. (No. 18 of 1949);

( f ) such amount of the accumulated proceeds of the sale of local authority houses as shall have been used for current revenue account purposes to the extent that that amount exceeds 40% of the proceeds of the sale of such houses which accrue during the local financial year;

( g ) as respects the local financial year 1986 the amount of current farm tax levied by the local authority under the Farm Tax Act, 1985. (No. 17 of 1985);

less the amount of the rates declared irrecoverable and the amount of rates refunded to rate payers."

2. For Form E9 in Part II of the Schedule to the Order of 1946 there shall be substituted the following Form E9—

"Form E9

Calculation of the Net Produce of aRate of One Penny in the Pound

Name of Rating Authority............................................................ ............................................................ ................

Area (Note 1.)............................................................ ............................................................ ...............................

Calculation of the net produce of a rate of one penny in the pound for the local financial year ending 31st day of December19. . .

Particulars of the amount on which the net produce of a rate of one penny in the pound is calculated:—

Certificate

We hereby certify that the foregoing figures are correctly abstracted from the books and accounts of (name of rating authority) _________________ for the local financial year ending on the 31st day of December, 19. . . and that the net produce of a rate of one penny in the pound for the (county health districtof/urban district of etc.) _____________________ calculated in the prescribed manner for the local financial year is______________

Secretary or Clerk

Manager

Notes

1. The descriptions of the area in which the rate is made should be inserted here e.g county health district of _______________ etc.

2. The amounts to be entered in the column should be calculated to the nearest pound."

GIVEN under the Official Seal of the Minister for the Environment this 20th day of October, 1987.

PADRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE

The Order amends the Public Bodies Orders 1946 to 1987. It prescribes the calculation of the net produce of a rate of a penny in the pound.