Local Government (Ireland) Act, 1902

Amendment of law relating to acceptance of tenders.

34 & 35 Vict. c. 109.

18.(1) Where a rural district council or a proposal committee, in the exercise of their powers under Article eighteen of the Local Government (Procedure of Councils) Order, 1899, accept a tender for the execution of a public work which is not the lowest tender received for that work, a minute shall be made in the prescribed manner and form stating the reasons for the non-acceptance of the tender, or, in case of more than one, of each tender, which is lower than the accepted tender.

(2) The minute shall be produced at any audit of accounts which include any payments made under any contract entered into in accordance with such accepted tender, and a certified copy of the minute shall be furnished by the secretary or clerk of the public body liable under the contract to any person requiring it on payment of sixpence, and shall, in any legal proceedings, be conclusive evidence of the making and contents of the minute.

(3) If, at any such audit, it appears to the auditor that any tender was accepted or approved of for any fraudulent or improper purpose or object, or for any purpose or object other than the bonâ fide discharge by the persons who accepted it of their duties in the interests of the ratepayers, he may declare any contract entered into in accordance with the tender to be illegal, and the contract shall thereupon become void.

(4) Section twelve of the Local Government (Ireland) Act, 1871 (relating to the duties of an auditor and to appeals), shall apply in the case of any contract declared to be illegal in pursuance of this section, and the persons who accepted or approved of the tender may be surcharged accordingly either with all payments made under the contract, or with such portion thereof as may appear to the auditor, having regard to all the circumstances of the case, just and reasonable.

(5) Where a contract is declared to be illegal in pursuance of this section, the contractor may, notwithstanding such declaration, recover any sum due to him for work done or materials supplied before such declaration.

(6) Any decision of an auditor under this section shall, save so far as the same may be altered on appeal, be conclusive and binding on all persons.

(7) So long as any portion of any sum surcharged in pursuance of this section remains unpaid, every person upon whom the surcharge is made shall be deemed to be disqualified for being elected or chosen or being a member of any county or district council, and subsection eleven of article twelve of the Local Government (Application of Enactments) Order, 1898, shall apply accordingly.