Fire Brigades Act, 1940

Expenses of sanitary authorities.

16.—(1) The expenses incurred by a sanitary authority under this Act shall be raised and defrayed in like manner as expenses incurred by such authority under the Public Health Acts, 1878 to 1931, are raised and defrayed.

(2) Where expenses are incurred under this Act by the sanitary authority of a county health district, such expenses shall be charged equally over the whole of such district.

(3) Where, at any time prior to the commencement of this Act in a sanitary district, any expenses were incurred by the sanitary authority of that sanitary district for the establishment or maintenance of a fire brigade or for the extinguishing of fires occurring in such district or for the protection or rescue of persons or property from injury by any such fire, and such expenses were, in the opinion of the Minister, properly so incurred, the following provisions shall have effect, that is to say:—

(a) if such expenses could lawfully have been incurred under this Act if this Act had been in force in the said sanitary district when they were incurred, such expenses shall be deemed to have been incurred under this Act, and this Act shall apply and be deemed always to have applied to such expenses accordingly, and

(b) if any sum was, at any time either before or after such expenses were incurred, included in any rate in order to defray such expenses, and such sum could lawfully have been so included if this Act had been in force in the said sanitary district at that time, such rate shall not be or be deemed ever to have been invalid or irrecoverable merely by reason of such inclusion;

(c) the next preceding paragraph of this sub-section shall not be precluded from applying to a rate made by the sanitary authority of a county health district merely by reason of any such sum as is mentioned in that paragraph having been charged by means of such rate on an area other than the whole of such district.