S.I. No. 221/1937 - Urban Districts (Alteration of Boundaries) Regulations, 1937.


STATUTORY RULES AND ORDERS. 1937. No. 221.

URBAN DISTRICTS (ALTERATION OF BOUNDARIES) REGULATIONS, 1937.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

The Minister for Local Government and Public Health in exercise of the powers conferred on him by Section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , and by sub-articles (2) and (8) of Article 26 of the Schedule to the Local Government (Application of Enactments) Order, 1898, as applied by the said Section 10, hereby makes the following regulations, that is to say :—

1 Short title.

1. This Order may be cited as the Urban Districts (Alteration of Boundaries) Regulations, 1937.

2 Construction.

2. The Interpretation Act, 1923 , shall apply for the purpose of the interpretation of these regulations in the same manner in which it applies for the purpose of the interpretation of an Act of the Oireachtas.

3 Holding of local inquiry.

3.—(1) Whenever the council of a county is satisfied that a prima facie case exists for the alteration of the boundary of an urban district (other than a borough) situate in such county, the county council, before making or refusing to make an order under sub-section (2) of Section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , shall cause to be held a local inquiry in regard to such alteration (in these regulations referred to as " the inquiry ") at which all persons interested may attend and be heard.

(2) The inquiry shall be held at the discretion of the county council either by a committee of the county council or by some person or persons appointed by the county council to hold the inquiry.

(3) The inquiry shall be commenced at such place in the urban district and on such day and at such time as may in the opinion of the committee, person or persons by whom the inquiry is to be held be most convenient for the purpose.

(4) The inquiry may be adjourned from time to time at the discretion of the committee, person or persons by whom the inquiry is held.

4 Notice of proposal and inquiry.

4.—(1) Not less than fourteen days before the day on which the inquiry is to be commenced the county council shall cause a notice that it is proposed to alter the boundary of the urban district and that an inquiry is to be held in regard to the said proposal and of the day, time and place fixed for the inquiry to be advertised in two successive weeks in some newspaper circulating in the locality to which the proposal relates ; and also to be posted as a bill or placard in such places in the urban district and in any other portion of the county which may be affected by the proposal as are usually made use of for posting public notices.

(2) Not less than fourteen days before the day on which the inquiry is to be commenced the county council shall send a copy of the notice referred to in the foregoing paragraph to the following persons and authorities, that is to say :—

(a) The Minister for Local Government and Public Health ;

(b) the Registrar-General ;

(c) the Commissioners of Public Works ;

(d) the Commissioner of Valuation and Boundary Surveyor ;

(e) the board of health of every county health district adjoining such urban district.

5 Notice of Order.

5.—(1) Where the council of a county have made an order under Section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , the said council shall give notice of the provisions of the order by means of advertisements published in two successive weeks in some local newspaper circulating in the locality to which the order relates and the first of such advertisements shall be published within fourteen days of the making of the Order.

(2) The advertisements mentioned in the immediately preceding paragraph shall contain either a copy of the order or a statement of the effect of the order and shall also contain a statement of the time and place or places during and at which copies of the order may be inspected by the owner or occupier of any rateable hereditament in an area affected by the order during a period of one month from the date of the first publication of such advertisement and the order shall be open for such inspection during such period at such time and place or places.

6 Copies of the Order.

6. A copy of any order made as aforesaid by the council of a county shall, at any time while copies of the order are open for inspection as aforesaid, and at any time before the confirmation of the order by the Minister be supplied by the county council to the owner or occupier of any land in an area affected by the order upon payment of one shilling by such owner or occupier.

7 Notice to Government Departments, etc.

7. On or before the date of the publication in pursuance of these regulations of the first advertisement giving notice of the provisions of any order made as aforesaid by the council of a county three copies of such order shall be sent to every person and authority to whom a copy of the notice of the inquiry as a result of which the order was made was required by these regulations to be sent.

8 " First Notice " of Order.

8. The publication of the first advertisement giving notice of the provisions of any order made as aforesaid by the council of a county shall be deemed to be the " first notice " for the purpose of the application to such order of sub-article (3) of Article 26 of the Schedule to the Local Government (Application of Enactments) Order, 1898.

Given under the Official Seal of the Minister for

Local Government and Public Health, this 26th

day of August, One Thousand Nine Hundred

and Thirty-seven.

(Signed) SE?N T. Ó CEALLAIGH,

Minister for Local Government and Public Health.