27/05/1925: The Local Government and Public Health Provisional Orders (Petitions) Order, 1925.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

THE LOCAL GOVERNMENT AND PUBLIC HEALTH PROVISIONAL ORDERS (PETITIONS) ORDER, 1925.

[Extract from Iris Oifigiúil , June 2, 1925.]

WHEREAS by Sub-section (1) of section 68 of the Local Government Act, 1925 (hereinafter referred to as the Act) it is enacted in effect that any Provisional Order made by the Minister under the provisions of the Public Health (Ireland) Acts, 1878 to 1919, or of Section 10 of the Local Government (Ireland) Act, 1898, after the holding of such a local inquiry as is mentioned in sub-section (4) of section 203 of the Public Health (Ireland) Act, 1878, empowering a local authority to acquire land or other property or rights otherwise than by agreement may be confirmed by the Minister or the Circuit Court in accordance with the rules set out in the Sixth Schedule to the Act :

AND WHEREAS it is provided by Rule 1 of the Sixth Schedule to the Act that a copy of the Provisional Order shall be served in the prescribed manner together with a statement that the order will be confirmed and have the effect of an Act of the Oireachtas unless within the prescribed period a petition by some person interested is presented to the Minister or the Circuit Court having jurisdiction where the land to be acquired is situate, praying that the Order or any specified part thereof, shall not become law without further inquiry :

AND WHEREAS by Section 1 of the Act, it is enacted that unless the context otherwise requires, the expression " the Minister " means the Minister for Local Government and Public Health, and the expression " prescribed " means prescribed by the Minister :

NOW THEREFORE I, the Minister for Local Government and Public Health in exercise of the powers vested in me as aforesaid, do by this my Order, order and prescribe as follows, that is to say :—

1. This Order may be cited as the Local Government and Public Health Provisional Orders (Petitions) Order, 1925.

2. (1) The local authority shall serve a copy of the Provisional Order on every owner or reputed owner, lessee or reputed lessee, and occupier of lands authorised by such Order to be taken compulsorily not later than seven days after such authority shall have received copies of the Order from the Minister for Local Government and Public Health.

(a) by delivery of the same personally to the person required to be served, or if such person is absent abroad or cannot be found to his agent, or if no agent can be found, then by leaving the same on the premises ; or

(b) by leaving the same at the usual or last known place of abode of such person as aforesaid or his agent ; or

(c) by forwarding the same by post in a prepaid and registered letter addressed to the usual or last known place of abode of such person or his agent.

(2) The copy of the Provisional Order shall be accompanied by a statement that the Order will be confirmed by the Minister for Local Government and Public Health and have the effect of an Act of the Oireachtas unless within the period prescribed in Article 3 of this Order a petition by some person interested is presented to the said Minister or to the Circuit Court having jurisdiction where the land to be acquired is situate praying that the Order or any specified part thereof, shall not become law without further inquiry.

(3) Immediately upon the completion of the service of copies of the Order as aforesaid the secretary or clerk of the local authority shall forward to me, the Minister for Local Government and Public Health, a list, certified to be correct, showing the names and full postal addresses of the persons on whom the copies of the Order were served, and specifying in each case the method of service, together with the date of service, or in the case of service by post, the date of postage.

3. The period within which a petition may be presented against any Provisional Order by any person interested shall be five weeks from the date on which a copy of the Order is served upon such person or his agent, or in the case of service by post is posted to such person or his agent.

Given under My Seal of Office, this Twenty-seventh

day of May, in the Year of Our Lord One Thousand

Nine Hundred and Twenty-five.

(Signed), SEAMUS DE BÚRCA,

Minister for Local Government and Public Health.

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