S.I. No. 47/1925 - The Local Government (Application and Adaptation of Enactments) Order, 1925.

STATUTORY RULES AND ORDERS. 1925. No. 47.

THE LOCAL GOVERNMENT (APPLICATION AND ADAPTATION OF ENACTMENTS) ORDER, 1925.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

THE LOCAL GOVERNMENT ACT, 1925 .

WHEREAS by sub-section (1) of section 86 of the Local Government Act, 1925 (in this Order referred to as " the Act ") it is provided that the Minister for Local Government and Public Health may by Order do, amongst other matters, the following, that is to say :—

(a) apply to boards of health any existing enactment relating to county or district councils with such modifications as he shall deem necessary ;

(b) make such adaptations of any existing enactment (including any Local Act), relating to any matter dealt with or affected by the Act as appear to him necessary or expedient for carrying the Act into effect :

AND WHEREAS the enactments which are set forth in the First Schedule to this Order are existing enactments and relate to county or district councils :

AND WHEREAS the enactments which are set forth in the Second Schedule to this Order are existing enactments and relate to matters dealt with or affected by the Act, and the adaptations of the said enactments set forth in the said Second Schedule appear to the Minister for Local Government and Public Health to be necessary for carrying the said Act into effect :

NOW THEREFORE I, the Minister for Local Government and Public Health, in exercise of the powers conferred on me by the above recited sub-section and of all other powers enabling me in this behalf do hereby order as follows, that is to say :—

1.—In this Order all expressions shall have the same meaning as in the Act.

2.—The applications and adaptations of existing enactments made by this Order shall come into force on the appointed day.

3.—Each of the enactments set forth in the First Schedule to this Order shall apply to a board of health of a county health district in the same manner as such enactment applied to the council of a rural district before the appointed day.

4.—(1) The adaptations of enactments which are set forth in the Second Schedule to this Order shall not affect the application of any such enactment in the county or city of Dublin, and every such enactment shall continue to have effect in the said county and city as if this Order had not been made.

(2) Subject to the provisions of the preceding sub-article each of the enactments mentioned in the Second Schedule to this Order is hereby adapted in the manner and to the extent specified in the said Second Schedule.

5.—This Order may be cited as " the Local Government (Application and Adaptation of Enactments) Order, 1925."

Given under my Seal of Office this 29th day of October in the Year of Our Lord One Thousand nine Hundred and Twenty-five.

(Signed) SEAMUS DE BÚRCA,

Minister for Local Government and Public Health.

FIRST SCHEDULE.

ENACTMENTS APPLIED TO BOARDS OF HEALTH.

Local Government (Ireland) Act, 1871.

Sections 12 to 18 (as amended by any subsequent enactment).

Local Government (Ireland) Act, 1898.

Sub-sections (2) and (3) or section 33.

Section 36.

Section 47.

Section 80.

Section 81.

Sub-sections (1) and (3) of section 82.

Section 100.

Local Government (Application of Enactments) Order, 1898.

Sub-articles (1), (2), (3), (4), (5), (6) and (7) of Article 12 of the Schedule.

Sub-article (3) of Article 19 of the Schedule.

SECOND SCHEDULE.

ADAPTATION OF ENACTMENTS.

I.—In the Public Health (Ireland) Acts, 1878 to 1919, and in the Labourers (Ireland) Acts, 1883 to 1906, and in every general order or regulation made under any of the said Acts,

(a) for " rural district " shall be substituted " rural sanitary district," and

(b) for " rural district council," and for " district council " or " council " used in reference to a rural district council, shall be substituted " rural sanitary authority," and

(c) for " clerk to a rural district council " shall be substituted " secretary to a rural sanitary authority."

II.—In sub-section (2) of section 15 of the Irish Education Act, 1892, the words from " and shall on application " to " or any part thereof " shall be deleted.

III. —In the Local Government (Ireland) Act, 1898, the following adaptations shall be made, that is to say—

1. In section 32 for " urban and rural district council " there shall be substituted " urban district council and board of health."

2. In section 34 for " rural district council " there shall be substituted " rural sanitary authority."

3. In section 35 for " rural district " there shall be substituted " county health district " and for " council " there shall be substituted " board of health."

4. In section 50 for " rural district " there shall be substituted " county health district."

5. Sub-sections (1), (2), (3), and (4) of section 51 shall be adapted in the manner and to the extent necessary for the purpose of being read as follows :—

" (1) The money required to meet the expenses of a board of health or of any body to whom under the county scheme is entrusted the administration of the relief of the poor in the county shall be supplied by the county council upon the prescribed demand by such board or body ; and the county council shall pay the money so demanded out of the county fund.

(2) The county council shall apportion every amount to be raised for county at large charges, and every amount to be raised for the expenses of the relief of the poor in any portion of the county which under the county scheme is established as an area of charge for such expenses, between any urban district situate in the county or in such portion thereof and the rest of the county or portion thereof in proportion to rateable value, and shall also apportion, in proportion to rateable value, every amount to be raised partly off any urban district and partly off any county health district in the county, and any amount apportioned as aforesaid to an urban district and also any urban charge leviable off an urban district shall be paid by the council of that district to the county council upon the prescribed demand.

(3) The county council shall divide the amounts which are to be raised off each county health district for each of the following purposes respectively, that is to say :—

(a) for the construction and maintenance of roads ;

(b) for the other county charges ;

(c) for the expenses of the Board of Health acting as sanitary authority for the district, and

(d) for the relief of the poor,

between the agricultural land in the county health district and the other hereditaments therein, in proportion to rateable value.

(4) (a) In this sub-section the expression " the agricultural grant for county charges in the district " means a part of the sums payable to the council out of the agricultural grant in respect of county charges proportionate to the relative rateable valuations of the county health district and the county ; and the expressions " the agricultural grant for district charges in the district " and " the agricultural grant for union charges in the district " mean respectively the total of the sums payable to the council out of the agricultural grant for district charges or union charges in such rural districts or unions as were situate in the area of the county health district.

(b) Where portions of a rural district or union were situate in the areas of more than one county health district every such portion shall be deemed to have been a separate rural district or union (as the case may be) for the purposes of this sub-section, and for such purposes the Minister for Local Government and Public Health shall apportion the sums payable to the council out of the agricultural grant in respect of district or union charges respectively in such rural district or union as the case may be.

(c) There shall be deducted from the portion of each of the amounts to be raised off a county health district for the construction and maintenance of roads, and for other county charges, and for the expenses of the board of health acting as sanitary authority, respectively, assigned upon the division under sub-section (3) of this section to the agricultural land in the district, a part of the total of the agricultural grant for county charges in the district and the agricultural grant for district charges in the district, bearing to the said total the same proportion as the amount to be raised off the county health district for each of the said purposes, respectively, bears to the total amount to be raised off the county health district for all the said purposes.

(d) There shall be deducted from the portion of the amount to be raised off the county health district for the relief of the poor the agricultural grant for union charges in the district.

(e) The balance remaining after every such deduction shall be the amount to be levied off the agricultural land in respect of the amount so assigned thereto upon the division under sub-section (3) of this section."

6. In paragraph (b) of sub-section (9) of section 51 for " the demands of a board of guardians, and the money required to meet those demands " shall be substituted " the expenses of the relief of the poor, and the money required to meet those expenses."

7. In paragraph (b) of sub-section (2) of section 58 for " rural district " there shall be substituted " county health district " and after " the district council " there shall be inserted " or board of health."

8. Sub-section (1) of section 96 shall be adapted in the manner and to the extent necessary for the purpose of being read as follows—

" 96. (1) (a) The secretary of every county council and the clerk of every urban district council shall within the prescribed time after making a poor rate send, without payment, a copy certified by him of so much of the rate book as relates to each district electoral division in each county health district in the county or in the urban district to a station of the Gárda Síochána situate in such county health district or urban district. Provided that the council shall determine to which such station a copy of the portion of the rate book relating to each district electoral division shall be sent, after consultation with the chief superintendent of every division of the Gárda Síochána in which any part of such county health district or urban district (as the case may be) is situate, and with due regard to the convenience of persons desiring to inspect the same.

(b) The Evidence Act, 1851, shall apply as if the copy sent in accordance with this sub-section was a certified copy within the meaning of that Act, and every person shall have the same right to inspect and take copies or extracts from the said copy as he would have if it were a poor rate, and section 70 of the Poor Relief (Ireland) Act, 1838, and any other enactment relating to such inspection, copies, or extracts shall apply accordingly."

IV. —In sub-article (1) of Article 20 of the Schedule to the Local Government (Application of Enactments) Order, 1898, after " county council " there shall be inserted " and the secretary of every board of health " and the words " and rural " shall be omitted.

V. —In Article 37 of the Local Government (Adaptation of Irish Enactments) Order, 1899, the following adaptations and modifications shall be made, that is to say :—

1. Paragraphs (h), (i), and (j) shall be deleted and three new paragraphs substituted therefor, as follows :—

" (h) The Commissioner of Valuation, when he transmits the copy of the revised list to any county council, shall indicate thereon in coloured ink or otherwise as may be convenient any changes made by such revised list in the valuation of any tenement or hereditament and the secretary of the county council shall leave the copy of the revised list open for public inspection at the office of the county council as provided by section eighteen of the Valuation (Ireland) Act, 1852, as adapted by this Order, and the Commissioner of Valuation or the secretary of the county council shall within the period specified by the said section supply to the owner or occupier of any tenement or hereditament the valuation of which has been altered in such list who makes application therefor a copy of such portion of such list as relates to such tenement or hereditament.

(i) Within three days after the receipt of the revised list by a county council the secretary shall cause to be affixed on or near the principal outer door of every church, chapel, and meeting house (if any) within a county health district in the county the notice of publication hereinafter referred to, and shall also publish the said notice in a newspaper circulating in the county.

(j) The notice of publication shall be a notice in the form (if any) prescribed by the Commissioner of Valuation, and shall state the time at which the revised list was transmitted to the county council, that the said list may be inspected at the county council offices at all reasonable hours during twenty-one days next after the publication of the notice, and that the owner or occupier of any tenement or hereditament the valuation of which has been altered in the said list can obtain a copy of the portion of the said list relating to such tenement or hereditament by applying within such twenty-one days to the Commissioner of Valuation or the secretary of the county council."

2. In paragraph (m) for the words " in rural county districts, according to townlands " shall be substituted the words " in county health districts, according to townlands and district electoral divisions," and for the words " county district " shall be substituted the words " county health or urban district."

VI.—The Factory and Workshop Act, 1901, shall be adapted as follows :—

1. " sanitary authority " shall be substituted for either " district council " or " council."

2. For sub-section (8) of section 14 a new sub-section shall be substituted as follows :—

" (8) All expenses incurred by a sanitary authority in the execution of this section shall be defrayed as part of their expenses of the general execution of the Public Health (Ireland) Acts, 1878 to 1919, as amended by the Local Government Act, 1925 ."

3. Section 154 shall be deleted.

4. In sub-section (1) of section 156 at the end of the sub-section there shall be inserted the following :—

" The expression ' sanitary authority ' has the same meaning as in the Public Health (Ireland) Acts, 1878 to 1919, as amended by the Local Government Act, 1925 ."

5. In sub-section 5 of section 160 the words " or a county medical officer of health " shall be inserted at the end.

VII.—In sub-section (1) of section 6 of the Local Government (Ireland) Act, 1902, for the words " or any rural district " shall be substituted the words " or any county health district " and for the words " or that rural district " shall be substituted the words " or the rural districts which were situate within the area of that county health district."

VIII.—The Notification of Births Act, 1907, shall be adapted as follows :—

1. In sub-section (6) of section 1 " board of health " shall be substituted for " rural district council."

2. Sub-section (4) of section 2 shall be deleted and a new sub-section substituted, as follows :—

" (4) In this Act the expression ' local authority ' means the council of a borough, or the council of an urban district, or the board of health of a county health district."

IX.—In Article 28 of the Dairies, Cowsheds and Milkshops (Ireland) Order, 1908, the definition of the expression " local authority " shall be deleted, and the following definition substituted therefor :—

" The expression ' local authority ' means the sanitary authority within the meaning of the Public Health (Ireland) Acts, 1878 to 1919, as amended by the Local Government Act, 1925 ."

X.—Sub-section (6) of section 1 of the Rag Flock Act, 1911, shall be deleted and a new sub-section substituted, as follows :—

" (6) The expenses of sanitary authorities under this Act shall be defrayed as part of the general expenses incurred under the Public Health Acts."

XI.—The Notification of Births (Extension) Act, 1915, shall be adapted as follows :—

1. In paragraph (c) of sub-section (2) of section 3 for " rural district " there shall be substituted " county health district."

2. For paragraph (d) of sub-section (2) of section 3 there shall be substituted a new paragraph, as follows :—

" (d) The expression ' medical officer of health ' means in a county borough the medical superintendent officer of health of such borough, and elsewhere the county medical officer of health."

3. In sub-section (2) of section 4 for " rural districts in Ireland " shall be substituted " county health districts."