S.I. No. 166/1943 - Rural Roads (Planting of Trees) Order, 1943.

STATUTORY RULES AND ORDERS. 1943. No. 166.

RURAL ROADS (PLANTING OF TREES) ORDER, 1943.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

WHEREAS by sub-section (2) of section 33 of the Local Government (Ireland) Act, 1898 (in this order referred to as " the said sub-section "), it is provided that rural district councils should have such powers and duties of urban sanitary authorities under the Public Health Acts as the Local Government Board by general order direct :

AND WHEREAS the powers of the Local Government Board under the said sub-section are now vested in the Minister for Local Government and Public Health (in this order referred to as " the Minister ") :

AND WHEREAS by section 3 of the Local Government Act, 1925 (in this order referred to as " the Act of 1925 "), it was provided that rural district councils should be abolished and that the successor of the council of every rural district in a county should be the council of such county :

AND WHEREAS by section 9 of the Act of 1925, it was provided that the area of every county with the exception of those portions (if any) of that area which are included in urban districts should for all purposes form one rural sanitary district or rural district under the name " county health district " and that the powers and duties of the council of such county as rural sanitary authority for such district should be exercised and performed through and by a board of health :

AND WHEREAS by the Local Government (Application and Adaptation of Enactments) Order, 1925 (being an order made by the Minister under paragraph (a) of sub-section (1) of section 88 of the Act of 1925), the said sub-section was applied to boards of health :

AND WHEREAS by section 36 of the County Management Act, 1940 , every board of health was dissolved and its powers, functions and duties transferred to the council of the county in which the county health district of such board was situate :

AND WHEREAS section 43 of the Public Health Acts Amendment Act, 1890, confers powers on urban sanitary authorities in respect of the planting of trees on highways and the said section 43 applies to every urban sanitary authority and to every urban sanitary district by virtue of section 17 of the Act of 1925 :

NOW THEREFORE, the Minister, in exercise of the power conferred on him by the said sub-section, by this his order directs as follows, that is to say :—

1. This Order may be cited as the Rural Roads (Planting of Trees) Order, 1943.

2. County councils acting as rural sanitary authorities shall have the power of urban sanitary authorities under the said section 43 of the Public Health Acts Amendment Act, 1890, and the provisions of the said section 43 shall apply to county health districts.

GIVEN under the Official Seal of the Minister for Local Government and Public Health this Twenty-fifth day of March, One Thousand Nine Hundred and Forty-three.

(Signed) SEÁN MacENTEE,

Minister for Local Government and Public Health.