S.I. No. 426/1985 - Local Government (Reorganisation) Act, 1985, (County Borough of Galway) Order, 1985.

S.I. No. 426 of 1985.

LOCAL GOVERNMENT (REORGANISATION) ACT, 1985, (COUNTY BOROUGH OF GALWAY) ORDER, 1985.

The Minister for the Environment in exercise of the powers conferred on him by sections 8 and 24 of the Local Government (Reorganisation) Act, 1985 (No. 7 of 1985) hereby makes the following Order a draft of which has been approved by a resolution passed by each House of the Oireachtas.

1 Citation.

1. This Order may be cited as the Local Government (Reorganisation) Act, 1985 , (County Borough of Galway) Order, 1985.

2 Definitions.

2. In this Order—

"the Act of 1940" means the County Management Act, 1940 (No. 12 of 1940);

"the Act of 1955" means the City and County Management (Amendment) Act, 1955 (No. 12 of 1955);

"the Act of 1985" means the Local Government (Reorganisation) Act, 1985 ;

"the appointed day" means the day appointed by order of the Minister under section 5(1) of the Act of 1985;

"the Borough" means the Borough of Galway established by the Local Government (Galway) Act, 1937 (No. 3 (P) of 1937);

"the Borough Corporation" means the Mayor, Aldermen and Burgesses of the Borough;

"the Corporation" means the Mayor, Aldermen and Burgesses of the County Borough'

"the County" means the administrative county of Galway;

"the County Borough" means the county borough of Galway;

"the County Council" means the council of the county of Galway;

"the Minister" means the Minister for the Environment.

3 Commencement.

3. This Order shall come into operation as follows:

( a ) articles 1, 2, 3, 4, 5, 6, 7, 8 and 9 shall come into operation on the making of this Order; and

( b ) article 10 and the Schedule shall come into operation on the 1st day of January, 1986.

4 Actions in anticipation of and to facilitate establishment of county borough.

4. (1) Subject to the provisions of this Order, the Borough Corporation, prior to the appointed day and in anticipation of the establishment of the County Borough, or the Corporation, on or after such day, and the County Council may, notwithstanding the provisions of any other enactment, do anything which may be necessary for the purpose of facilitating such establishment or which is necessary to give full effect to, or which arises from, by reason of, or is otherwise related to, such establishment.

(2) Subject to the provisions of this Order, the Minister may, notwithstanding the provisions of any other enactment, do anything which may be necessary for the purpose of facilitating the establishment of the County Borough or which is necessary to give full effect to, or which arises from, by reason of, or is otherwise related to, such establishment and may for that purpose give such directions in writing to the Borough corporation or the Corporation, as appropriate, or the County Council in relation to any matter whatsoever as he may consider necessary for such purpose and the Borough Corporation or the corporation, as appropriate, and the County Council shall comply with any such direction.

5 Provision of services by Bounty Council.

5. (1) The County Council shall, subject to the provisions of article 6 of this Order, on and from the appointed day and notwithstanding the provisions of any other enactment, provide such services (other than a service provided by virtue of its functions as a road authority) for the Corporation as it provided immediately before such day in the Borough or for the Borough Corporation, and which, but for this article, would fall on and from that day to be provided by the Corporation and the County Council shall by virtue of this subarticle be authorised to do any act or thing in relation to the provision of such service which could be done by the Corporation in providing such service.

(2) Subject to the provisions of subarticle (3) of this article, the Corporation shall in any local financial year pay to the County Council, in respect of any service provided by that Council for the Corporation in that year pursuant to subarticle (1) of this article, an amount which is the same proportion of the cost to the County Council in that year of providing such service for the County Borough and the County as the proportion of the cost to the County council of providing such service for the County in respect of such local financial year for which the Borough Corporation would have been liable had section 5 of the Act of 1985 not been enacted.

(3) Notwithstanding the provisions of subarticle (2) of this article, the Borough corporation or the Corporation, as appropriate, and the County Council may in relation to any service provided by the County Council for the Corporation pursuant to subarticle (1) of this article, agree such terms and conditions (including financial terms and conditions as to payment, transfer of financial responsibility, or otherwise) as may be decided between the two authorities in respect of such service and on the coming into operation of any such agreement the provisions of subarticle (2) of this article shall cease to have effect in relation to such service.

6 Cesser of provision of services by County Council.

6. (1) The Corporation may by notice in writing inform the County Council that it proposes that a service to which article 5 of this Order relates should be provided by the Corporation and such service shall, as and from a date five years from the date of such notice (or such earlier date as may be agreed between the two authorities) be provided by the Corporation and the said article shall thereupon cease to have effect in relation to such service.

(2) Where the Corporation serves a notice pursuant to subarticle (1) of this article the Corporation and the County Council may enter into an agreement in respect of the service to which the notice relates and such agreement may contain such terms and conditions (including financial terms and conditions as to payment, transfer of financial responsibility, property or liabilities, or otherwise) as may be decided between the two authorities.

(3) A notice served by the Corporation pursuant to sub-article (1) of this article may be withdrawn at any time.

7 Financial Adjustments.

7. (1) The Corporation and the County Council shall make an appropriate financial adjustment in respect of any loss of revenue, actual or prospective, and in respect of any savings in expenditure which may arise by virtue of the establishment of the county borough.

(2) The amount of the adjustment referred to in subarticle (1) of this article shall be such as may be agreed between the County Council and the Corporation or, in default of agreement, shall be as determined by the Minister.

(3) Pending the making of an agreement or determination pursuant to subarticle (2) of this article the Corporation or the county Council shall pay to the County Council or the Corporation, as may be appropriate, by way of interim payments on account such amounts in respect of the local financial year 1986 and subsequent years as may appear reasonable having regard to the provisions of sub-article (1) of this article.

(4) The amount of the interim payments to be paid by the Corporation or the County Council to the County Council or the Corporation, as may be appropriate, pursuant to subarticle (3) of this article shall be as agreed between the two authorities or, in default of agreement, shall be as determined by the Minister.

(5) An amount as agreed or determined pursuant to subarticle (4) of this article shall be included in the estimates to be adopted by the Corporation and the County Council for the local financial year 1986 and for each subsequent year.

(6) The Minister may, notwithstanding section 9 of the Local Government (Financial Provisions) Act, 1978 (No. 35 of 1978) and section 9 of the Local Government (Financial Provisions) (No. 2) Act, 1983 (No. 21 of 1983), on the request of both authorities, adjust the payment of the grant in relief of rates to give effect, in whole or in part, to an agreement or determination referred to in sub-articles (2) or (4) of this article.

8 Ballinasloe U.D.C.

8. The County Council may, in serving a demand for urban charges on Ballinasloe Urban District Council after the appointed day, reduce any such demand to take account of additional costs arising from the establishment of the County Borough which would, but for such reduction, fall to be met by such Urban District Council.

9 Reserved Functions.

9. Entry into an agreement pursuant to article 5(3), 6, 7(2) and 7(4) of this order, the giving or withdrawal of a notice by the Corporation pursuant to article 6 and the making of a request to the Minister pursuant to article 7(6) of this order shall be a reserved function for the purposes of the County Management Acts, 1940 to 1985.

10 Application of Schedule.

10. The provisions contained in the Schedule to this Order shall apply and have effect in relation to the establishment of the County Borough.

SCHEDULE.

1. ( a ) For the purposes of every enactment (including enactments passed or made after the making of this Order) relating either to town clerks of county boroughs in general or to the town clerk of the County Borough in particular, the city manager shall become and be the town clerk of the County Borough and shall have, exercise, and perform all the powers, functions and duties for the time being conferred or imposed by any such enactment or otherwise by law on the town clerk of the County Borough and accordingly, the city manager shall be called and known as the Galway city manager and Town Clerk.

( b ) All fees and emoluments which are payable by or under any enactment (including enactments passed or made after the making of this order) to town clerks of county boroughs in general or in particular to the town clerk of the County Borough, and are received by the Manager by virtue of his being the town clerk of the County Borough, shall be paid by the City manager into the municipal fund and be accounted for accordingly.

( c ) If on the appointed day a person holds in a permanent capacity the office of Town Clerk then this paragraph shall not have effect for so long as that person continues thereafter so to hold, that office.

2. The provisions of the Act of 1940 and of the Act of 1955 mentioned in column 1 of the Table to this paragraph shall, subject to the provisions of column 2 of the said Table, apply to the County and the County Borough as if they were grouped counties (within the meaning of the Act of 1940) for so long as section 7(5) of the Act of 1985 continues to operate.

TABLE.

3. ( a ) Section 6 (l) of the Coroners Act, 1962 (No. 9 of 1962) shall continue to have effect in relation to the Coroners District of Galway West.

( b ) The Coroner for the district shall continue to be appointed by the County Council under section 8(2) of the said Act.

4. Notwithstanding the provisions of the Arterial Drainage Act, 1945 (No. 3 of 1945), the following arrangements shall apply in relation to liability for the payment of the demand issued to the County Council pursuant to section 37 of that Act in respect of the local financial year 1986:

( a ) The Corporation shall be deemed to have been served with a demand and the amount of the demand shall be that proportion of the first mentioned demand as is equivalent to the proportion of the demand served on the County Council in respect of the year 1985 for which the Borough Corporation was liable and,

( b ) the said first mentioned demand shall be reduced by the amount referred to in subparagraph (a) of this paragraph.

5. Notwithstanding the provisions of the Arterial Drainage Act, 1945 the following arrangements shall apply in relation to the calculation and liability for the payment of such portion of the demands served on the County Council and Corporation in respect of the local financial year 1987 and subsequent years as relates to works carried out prior to the appointed day:

( a ) An amount shall be calculated which would represent the liability of the County Council for such portion as if section 5 of the Act of 1985 had not been enacted.

( b ) The Corporation shall be liable for the payment of a proportion of the amount referred to in subparagraph (a) of this paragraph and that proportion shall be the same proportion as the proportion for the relevant financial year pursuant to the provisions of article 5(2) of this Order.

(c) The County Council shall be liable for the payment of the balance of the amount referred to in subparagraph (a) of this paragraph and an amount equivalent to such balance shall be included in the demand served on the County Council.

6. Notwithstanding the provisions of any other enactment:

( a ) The Corporation shall be liable for the payment of a proportion of the demands served on the County Council by joint Drainage Committees in respect of the local financial year 1986 and subsequent years.

( b ) The said proportion shall be the same proportion as the proportion for the relevant local financial year pursuant to the provisions of article 5(2) of this Order.

7. ( a ) Where on or after the appointed day the County Council is liable for the payment of monies in respect of any period prior to that day under the provisions of any enactment which provides for a local contribution or demand and where that contribution or demand is levied on a county-at-large basis the Corporation shall be liable for the payment of a proportion of such monies.

( b ) The said proportion shall be the proportion of such county-at-large charges as fell to be met by the Borough Corporation as an urban charge for the relevant year.

8. Where as respects incidents which occurred before the appointed day a liability arises for the County Council under the malicious Injuries (Ireland) Acts 1848 and 1853 or the Malicious Injuries Act, 1981 (no. 9 of 1981) the Corporation shall be liable to meet a proportion of the amount arising from such liability to the following extent:

( a ) Where the amount fell to be levied as a county-at-large charge the Corporation shall be liable for an amount which is the same proportion as the proportion of county-at-large charges which fell to be met by the Borough Corporation as an urban charge for the relevant year.

( b ) Where the amount fell to be levied on the Borough, the Corporation shall be liable for the full amount.

9. Where pursuant to the provisions of paragraphs 4, 5, 6, 7 or 8 of this Schedule the Corporation or the County Council is in respect of any local financial year liable for the payment of an amount calculated in accordance with such provisions such amount shall be included in the estimates to be adopted by the Corporation and the County Council for the relevant year.

10. The urban authorities account maintained by the County Council in respect of the Borough Corporation in accordance with the provision of the Public Bodies Orders, 1946 to 1985 shall, insofar as it relates to the Abstract of Accounts, continue to be so maintained after the appointed day until such time as any balances on the account in favour of the County Council or the Corporation have been paid by the Corporation or the County Council, as may be appropriate, and such authorities shall be liable, as appropriate, for such payments as may be necessary to eliminate such balances.

11. The Corporation shall, on and from the appointed day and notwithstanding the provisions of any other enactment, have operational and financial responsibility for all public roads in the County Borough.

GIVEN under the Official Seal of the Minister for the Environment this

18th day of December, 1985.

LIAM KAVANAGH,

Minister for the Environment.

EXPLANATORY NOTE.

This order makes supplementary provisions in relation to the establishment of the County Borough of Galway. The matters for which it provides include financial adjustments between Galway Corporation and Galway County Council, the provision of services for the County Borough by Galway County Council and the management of the County Borough.