S.I. No. 909/1927 - County Scheme Order, Cork (Amendment), 1927.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.___________________________ 09/03/1927:

COUNTY SCHEME ORDER, CORK (AMENDMENT), 1927.

No. 6904/1927.

To the Council of the Administrative County of Cork;

To Philip Monahan, the Commissioner of the County Borough of Cork;

To Seán Ó Fearghail, the person appointed to perform the duties of the North Cork County Board of Health, the South Cork County Board of Public Assistance and the West Cork County Board of Health;

And to all whom it may concern:

WHEREAS the Council of the Administrative County of Cork, and the Council of the County Borough of Cork did, in pursuance of sub-section (2) of Section 3 of the Local Government (Temporary Provisions) Act, 1923 (hereinafter referred to as "the Act") prepare a joint scheme in accordance with the provisions of the Act for the relief of the poor in the said County and County Borough, and did submit such Joint Scheme (hereinafter referred to as "the submitted Scheme") to me, the Minister for Local Government and Public Health:

AND WHEREAS by an Order under My Seal of Office bearing date the 28th day of April, 1924, called the Cork Joint County Scheme Order, 1924, I, the Minister for Local Government and Public Health, in pursuance of section 4 of the Act did confirm the submitted scheme with such modifications, omissions and additions as to bring it into conformity with the provisions of the scheme set out in the Schedule to the said Order (which said last-mentioned provisions are in this Order referred to as "the Cork Joint County Scheme"):

AND WHEREAS the Cork Joint County Scheme has come into operation, and I, the Minister for Local Government and Public Health, deem it necessary further to amend the Cork Joint County Scheme in such manner hereinafter appearing as to bring the same into conformity with the provisions of the Local Government Act, 1925 , and to alter the areas included in the three County Districts into which the said County and County Borough were divided for the purposes of the Cork Joint County Scheme:

AND WHEREAS I, the Minister for Local Government and Public Health, did give to the Council of the Administrative County of Cork and Philip Monahan, the Commissioner of the County Borough of Cork, one month's notice of my intention to make the said amendments and have taken into consideration any representation which has been made to me by the said Council and Commissioner within such month in respect of the said amendments:

NOW, THEREFORE I, the Minister for Local Givernment and Public Health, in exercise of the powers given to me by Section 5 of the Act, and of all other powers in this behalf enabling me, the said month having expired, do by this My Order, amend the Cork Joint County Scheme in the manner following, that is to say:

1. The Articles numbered 4, 5, 6, 7, 8, 9, 10, 11 and 14 of the Cork Joint County Scheme are hereby revoked.

2. In Article 2 (i) of the Cork Joint County Scheme for the words

"(a) The North Cork County District,

(b) The South Cork County District,

(c) The West Cork County District,"

there shall be substituted the words

"(a) The North Cork County Public Assistance District,

(b) The South Cork County Public Assistance District,

(c) The West Cork County Public Assistance District,"

and in Article 2 (ii) of the said Scheme for the words

"(a) the North Cork County Board of Health," and

"(c) the West Cork County Board of Health"

there shall be substituted the words

"(a) the North Cork County Board of Public Assistance," and

"(c) the West Cork County Board of Public Assistance"

respectively.

3. The following new Articles shall be added after Article 3 of the Cork Joint County Scheme:—

4 (i) (a) The North County Board shall consist of ten members who shall be elected by the County Council from amongst their members.

(b) The South County Board shall consist of fifteen members of whom five shall be elected by the Corporation and ten by the County Council from amongst their members, respectively.

(c) The West County Board shall consist of ten members who shall be elected by the County Council from amongst their members.

(ii) The members of the South County Board to be elected by the Corporation shall be elected at the quarterly meeting of the Corporation held next after a triennial election and such election shall be part of the first business to be transacted thereat and the members so elected shall hold office until the day after the day when their successors are elected.

(iii) Subject to the foregoing provisions of this Article, the rules contained in the Second Schedule to the Local Government Act, 1925 , shall apply to the election of members of the County Boards by the County Council, as if each of the County Districts in so far as it is situate in the County were a County Health District and to the constitution, proceedings and accounts of the County Boards in like manner as they apply to a Board of Health.

Provided, however, that:—

(a) references in the said rules to a County Council or Councillor and the Secretary of a County Council shall in their application to members of the South County Board elected by the Corporation be construed as references to the Corporation, a member of the Corporation and the Town Clerk of the County Borough respectively; and

(b) for the purpose of the election of members of the County Boards by the County Council, a portion of a county electoral area situate in a County District shall be deemed to be a separate county electoral area, but the same person shall not be elected to represent more than one portion of such county electoral area.

5. The Provisions of Section 13 of the Local Government Act, 1925 , shall apply to the appointment of committees by the County Boards and to such committees when appointed in like manner as they apply to the appointment of committees and committees appointed by a board of health and the reference therein to a county health district shall be construed as a reference to a County District.

4. Paragraph (iv) of Article 13 of the Cork Joint County Scheme shall be amended by the addition thereto after the word "Guardians" of the words "or in such other manner as may be prescribed".

5. This Order may be cited and referred to as the "Cork County Scheme (Amendment) Order, 1927".

GIVEN under My Seal of Office, this Ninth day

of March, in the Year of Our Lord One Thousand

Nine Hundred and Twenty-seven.

(Sighnithe) SÉAMUS DE BÚRCA,

Minister for Local Government and Public Health