Arterial Drainage Act, 1925

County councils may appoint committees.

23.—(1) Where the duty and power of maintaining drainage works is charged, imposed, and conferred by a final award on one county council, such duty may be performed and such power may be exercised by a committee appointed by such county council and consisting of such number of members of the county council and such number of persons who are not members of the county council as the Minister for Local Government and Public Health shall direct.

(2) Where the duty and power of maintaining drainage works is charged, imposed, and conferred by a final award on two or more county councils jointly, such duty shall be performed and such power shall be exercised by a joint committee of such county councils appointed by them in such proportions and consisting of such number of members of each of such county councils and such number of persons who are not members of any such county council as the Minister for Local Government and Public Health shall direct.

(3) The Minister for Local Government and Public Health may by order make regulations prescribing the time of election (including the first election) of members of committees and joint committees appointed under this section, the period for which such members shall hold office, the method of filling casual vacancies in their number, the disqualification of members who cease to be or become disqualified to be members of the council by which they were appointed, and the conduct of the business of such committees and joint committees.

(4) At least one of the persons, not members of the county council or any of the county councils concerned, who are elected to be members of any committee or joint committee appointed under this section in relation to any drainage works shall be a ratepayer liable to pay drainage rate in respect of such drainage works.

(5) The accounts of every joint committee appointed under this section shall be separately kept and shall be audited by an auditor appointed by the Minister for Local Government and Public Health and the following enactments, that is to say, sections 11 to 15 of the Local Government (Ireland) Act, 1871 , sub-section (2) of section 63 of the Local Government (Ireland) Act, 1898 , sections 20 and 21 of the Local Government (Ireland) Act, 1902 , and section 61 of the Local Government Act, 1925 (No. 5 of 1925) as amended or adapted by or under any subsequent enactment shall apply to the audit and auditor of the accounts of such joint committees in the same manner as such enactments as so amended or adapted apply to the audit and auditor of the accounts of the public bodies specified therein.

(6) Nothing in this section shall authorise any committee or joint committee appointed under this section to raise any moneys which are by this Act required to be raised by a county council.