Local Government (Sanitary Services) Act, 1948

Public baths, etc., maintained by commissioners of a town not an urban district.

43.—(1) Where the commissioners of a town which is not an urban district were, immediately before the commencement of this section, maintaining under the Act of 1846, a public bath washhouse or open bathing place, the following provisions shall, on and after such commencement, have effect—

(a) the commissioners may, notwithstanding the repeal of the Act of 1846, continue to maintain such public bath, washhouse or open bathing place, and may, with the consent of the Minister, improve or extend it;

(b) section 36 of this Act shall apply, in respect of any public bath, washhouse or open bathing place the maintenance of which is continued, under paragraph (a) of this subsection, by the Commissioners, as if—

(i) the references therein to a sanitary authority were construed as references to the commissioners, and

(ii) the references therein to a bath, swimming bath, bathing place, convenience for bathers or washhouse were construed as references to such public bath, washhouse, or open bathing place,

(c) sections 37 and 38 of this Act shall apply in respect of any open bathing place the maintenance of which is so continued as if—

(i) the references therein to a sanitary authority were construed as references to the commissioners, and

(ii) the references therein to a bathing place or swimming bath were construed as references to such open bathing place;

(d) section 39 of this Act shall be construed as if the reference therein to a sanitary authority included a reference to the commissioners;

(e) subsections (1) and (3) of section 42 of this Act shall apply, in respect of any public bath, washhouse or open bathing place the maintenance of which is so continued, as if—

(i) the references therein to a sanitary authority were construed as references to the commissioners, and

(ii) the references therein to a swimming bath, bathing place or washhouse were construed as references to such public bath, washhouse or open bathing place;

(f) if the commissioners continue to maintain any washhouse, they may provide thereat facilities for drying and ironing clothes and other articles;

(g) if, immediately before the commencement of this Part of this Act, the commissioners were not for all purposes a body corporate, then, notwithstanding the repeal of the Act of 1846, the commissioners shall, for the purposes of this section, continue to be a body corporate by the name assigned to them by section 6 of the Act of 1846;

(h) the commissioners may, with the consent of the Minister, transfer to the sanitary authority for the sanitary district in which such town is situate, any public bath, washhouse or open bathing place the maintenance of which is so continued.

(2) In this section the expression “the Act of 1846” means the Baths and Washhouses (Ireland) Act, 1846.