Local Government and Public Health Provisional Order Confirmation Act, 1928

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Number 3 (Private) of 1928.


LOCAL GOVERNMENT AND PUBLIC HEALTH PROVISIONAL ORDER CONFIRMATION ACT, 1928.


ARRANGEMENT OF SECTIONS

Section

1.

Confirmation of Order in Schedule.

2.

Short title.


Act Referred to

Adaptation of Enactments Act, 1922

No. 2 of 1922

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Number 3 (Private) of 1928.


LOCAL GOVERNMENT AND PUBLIC HEALTH PROVISIONAL ORDER CONFIRMATION ACT, 1928.


AN ACT TO CONFIRM THE CORK PORT SANITARY ORDER, 1927. [14th June, 1928.]

WHEREAS the Cork Port Sanitary Order, 1927, set out in the Schedule to this Act has been duly made by the Minister for Local Government and Public Health under the Public Health (Ireland) Acts, 1878 to 1919, as adapted by the Adaptation of Enactments Act, 1922 (No. 2 of 1922):

AND WHEREAS under the provisions of the said Acts the said Order is of no force whatever unless and until confirmed by the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Confirmation of Order in Schedule.

1.—The Order set out in the Schedule to this Act is hereby confirmed and all the provisions thereof shall have full validity and force.

Short title.

2.—This Act may be cited as the Local Government and Public Health Provisional Order Confirmation Act, 1928.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

CORK PORT SANITARY AUTHORITY


PROVISIONAL ORDER.


WHEREAS by provisional order called the Cork Port Sanitary Order, 1903, as confirmed by the Local Government Board (Ireland) Provisional Orders Confirmation (No. 5) Act, 1903, (which Order and Act are respectively referred to in this Order as “the Order of 1903” and “the Confirming Act,”) a port sanitary authority was constituted for that part of the customs port of Cork described in the Order of 1903 by forming a joint board under the name of the Cork Port Sanitary Authority consisting of twenty representative members of the several component authorities therein specified being sanitary authorities of sanitary districts forming parts of or abutting on the said part of the said port and having jurisdiction therein:

AND WHEREAS the said component authorities comprised the Lord Mayor, Aldermen and Burgesses of the County Borough of Cork acting by the Council, the Council of the Rural District of Cork, the Council of the Rural District of Midleton, the Council of the Urban district of Queenstown (now known as Cobh) and the Council of the Rural District of Kinsale, and by article 3 of the Order of 1903 it was provided that of the members of the said joint board twelve shall be elected by the Lord Mayor, Aldermen and Burgesses of the County Borough of Cork, acting by the Council, three by the Council of the Rural District of Cork, two by the Council of the Rural District of Midleton, two by the Council of the Urban District of Cobh and one by the Council of the Rural District of Kinsale:

AND WHEREAS the town of Passage West which was situated in and formed part of the Rural District of Cork was separated from the said Rural District and was constituted an Urban Sanitary district under the name of the Urban District of Passage West under and by virtue of an Order of the Local Government Board for Ireland dated the Twenty-eighth day of June, 1921:

AND WHEREAS the said Urban District of Passage West forms part of or abuts on the said part of the said port and the Council of the Urban District of Passage West is a sanitary authority having jurisdiction in the said part of the said port:

AND WHEREAS under and by virtue of the Local Government Act, 1925 , the Council of the Rural District of Cork, the Council of the Rural District of Midleton, and the Council of the Rural District of Kinsale have ceased to exist and the property, debts and liabilities of the said Councils have been transferred to the Council of the Administrative County of Cork (hereinafter referred to as “the County Council”) who are the successors of such councils:

AND WHEREAS under and by virtue of the Local Government Act, 1925 , the area of the County of Cork with the exception of those portions of that area which are included in urban districts forms one rural sanitary district or rural district within the meaning of the Public Health (Ireland) Acts, 1878 to 1919, under the name of the County Health District of Cork and the County Council is the sanitary authority for the said County Health District:

AND WHEREAS in pursuance of section 10 of the Local Government Act, 1925 , the powers and duties of the County Council as sanitary authority for the said County Health District of Cork are exercised and performed through and by the Cork Board of Public Health:

AND WHEREAS the County Health District of Cork forms part of or abuts on the said part of the said port and the County Council acting through and by the Cork Board of Public Health is a sanitary authority having jurisdiction in the said part of the said port:

AND WHEREAS the County Council and the Council of the Urban District of Passage West have respectively made application to me, the Minister for Local Government and Public Health, for a Provisional Order to alter or amend the Confirming Act so far as it relates to the Order of 1903:

AND WHEREAS after inquiry it appears to me, the Minister for Local Government and Public Health, expedient that the Confirming Act should be altered and amended in manner hereinafter appearing:

NOW, THEREFORE, I, the Minister for Local Government and Public Health, in exercise of the powers given to me by section 214 of the Public Health (Ireland) Act, 1878 , and of all other powers in this behalf enabling me do hereby order that from and after the passing of the Act of the Oireachtas confirming this Order the following provisions shall have effect, that is to say:—

The Confirming Act so far as it relates to the Order of 1903 shall be altered and amended so that the following provisions shall have effect:—

(1) (a) The Council of the Urban District of Passage West shall be a component authority for the purposes of the Order of 1903 and this Order; and the joint board shall include one member to be elected by that Council from among the persons who at the time of the election are members of the Council.

(b) The Cork Board of Public Health shall be a component authority for the purposes of the Order of 1903 and this Order; and the joint board shall include five members to be elected by that board from among the persons who at the time of election are members of the Council of the Administrative County of Cork.

(c) Notwithstanding anything contained in paragraph (1) of Article 20 of the Order of 1903 the proportions in which the component authorities shall contribute to the expenses of the port sanitary authority shall unless and until the Minister for Local Government and Public Health otherwise directs by Order under seal be as follows:—

County Borough of Cork

62½ per cent

County Health District of Cork

25            ”

Urban District of Cobh

10            ”

Urban District of Passage West

2½          ”

(d) The contribution of the Urban District of Passage West shall be defrayed out of any rate applicable by the Council thereof to defraying the expenses incurred by them in the execution of the Public Health (Ireland) Acts, 1878 to 1919.

(e) The contribution of the County Health District of Cork shall be included by the Cork Board of Public Health in their annual estimate and in their demand to be forwarded to the Council of the Administrative County of Cork in accordance with section 14 of the Local Government Act, 1925 , and paragraph (3) of Article 20 of the Order of 1903 shall cease to have effect.

(f) The provisions of the Order of 1903 with respect to the Councils of the Rural Districts of Cork, Midleton and Kinsale shall cease to have effect.

2. The foregoing provisions shall come into operation on such date subsequent to the passing of the Act of the Oireachtas confirming this Order as may be fixed by the Minister for Local Government and Public Health.

3. All costs and expenses incurred by the Minister for Local Government and Public Health in relation to the application for preparation of making and confirming this Order shall be deemed to be and be defrayed as expenses incurred by the Cork Port Sanitary Authority in the execution of the Order of 1903 and this Order and shall be paid by the said Port Sanitary Authority to the Minister for Local Government and Public Health.

4. This Order may be cited as the Cork Port Sanitary Order, 1927.

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Given under My Seal of Office, this Ninth day of September, in the Year of our Lord, One Thousand Nine Hundred and Twenty-seven.

(Signed) RISTEARD UA MAOLCHATHA,

Minister for Local Government and Public Health.