Local Government and Public Health Provisional Order Confirmation Act, 1941

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Number 1 (Private) of 1941.


LOCAL GOVERNMENT AND PUBLIC HEALTH PROVISIONAL ORDER CONFIRMATION ACT, 1941.


ARRANGEMENT OF SECTIONS

Section

1.

Confirmation of Order in Schedule.

2.

Short title.


SCHEDULE.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.


Act Referred to

Local Government (Dublin) Act, 1930

No. 27 of 1930

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Number 1 (Private) of 1941.


LOCAL GOVERNMENT AND PUBLIC HEALTH PROVISIONAL ORDER CONFIRMATION ACT, 1941.


AN ACT TO CONFIRM THE CITY OF DUBLIN (EXTENSION OF BOUNDARY) PROVISIONAL ORDER, 1941. [17th July, 1941.]

WHEREAS the City of Dublin (Extension of Boundary) Provisional Order, 1941, set out in the Schedule to this Act has been duly made by the Minister for Local Government and Public Health under the Local Government (Dublin) Act, 1930 (No. 27 of 1930):

AND WHEREAS under the provisions of the said Act the said Order will not have effect unless or until confirmed by the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS 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, 1941.

SCHEDULE.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

PROVISIONAL ORDER FOR EXTENDING THE BOUNDARY OF THE CITY OF DUBLIN.

WHEREAS in pursuance of sub-section (1) of section 27 of the Local Government (Dublin) Act, 1930 , the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin, acting by the Council, did on the 18th day of January, 1941, cause to be presented to the Minister for Local Government and Public Health (hereinafter referred to as “the Minister”) a petition, making application for a provisional order extending the boundary of the City of Dublin so as to include therein the portion of the Administrative County of Dublin described in the Schedule hereunto annexed:

AND WHEREAS the said portion of the said County does not form part of the Borough of Dun Laoghaire:

AND WHEREAS the Minister, after receiving the said application did cause to be held a local inquiry into the subject matter thereof and has considered any representations that have been made to him by the Council of the Administrative County of Dublin:

AND WHEREAS the Minister thinks it proper to give effect to the proposal contained in the said application, without modification:

NOW, THEREFORE, the Minister, in exercise of the powers vested in him by section 27 of the Local Government (Dublin) Act, 1930 , and of all other powers in this behalf enabling him does hereby order as follows, that is to say:—

1. This Order may be cited as the City of Dublin (Extension of Boundary) Provisional Order, 1941.

2. This Order shall come into force upon the day when the Act confirming this Order shall become law and which day is in this Order referred to as. “the commencement of this Order”.

3. In this Order, unless the context otherwise requires:—

the expression “the Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

the expression “the County Council” means the Council of the Administrative County of Dublin;

the expression “the Board of Health” means the Dublin Board of Public Health;

the expression “the City” means the County Borough of Dublin; and

the word “County” means the Administrative County of Dublin.

4. On, from and after the commencement of this Order the area described in the Schedule hereunto annexed shall be detached from the County and from the jurisdiction and powers of the County Council and of the Board of Health and shall be added to the City and thenceforward the said area shall be included in and form part of the City for all purposes and the boundary of the City shall be extended accordingly.

5. (1) Any adjustment of any matter or thing requiring to be adjusted between the Corporation and the County Council or the Board of Health in consequence of the addition to the City by this Order of the area described in the Schedule hereunto annexed, shall be made in the manner provided by section 19 of the Local Government (Dublin) Act, 1930 , for the adjustment of any matter or thing in relation to the area therein referred to as the “added rural area”; and the provisions of that section shall, with the necessary modifications, apply accordingly.

(2) Any such adjustment may include provision for any of the matters specified in the said section 19 of the Local Government (Dublin) Act, 1930 , in respect of which provision is authorised to be made by an agreed adjustment.

6. On, from and after the commencement of this Order the area described in the Schedule hereunto annexed shall cease to form part of the No. 2 County Electoral Area of the County and shall be added to and shall thenceforth form part of the No. 4 Borough Electoral Area of the City.

7. (1) In the register of electors for the County which came into force on the 1st day of June next before the commencement of this Order, the area described in the Schedule hereunto annexed shall be shown separately in such manner as shall be prescribed by the Minister.

(2) The registration officer for the County shall, as soon as conveniently may be, after the commencement of this Order, and before the day next following the commencement of this Order appointedby law for the holding of local elections in the County or City, whichever shall be the earlier, amend the register of electors for the County so as to give effect to the provisions of sub-article (1) of this article and the said register of electors, as so amended, shall for all purposes be the register of electors for the County in force until the 1st day of June next following the commencement of this Order.

Schedule referred to in the foregoing Order.

DESCRIPTION OF PORTION OF THE COUNTY ADDED BY THIS ORDER TO THE CITY.

So much of the lands of Crumlin situate in the Parish and Townland of Crumlin and the County as lie to the south-west of the existing Boundary of the City and between that boundary and a line starting at the junction of the existing Boundary of the City and Windmill Road, proceeding along the middle of Windmill Road in a south-westerly direction to the junction of Windmill Road and St. Agnes Road, thence proceeding along the middle of St. Agnes Road in a southerly direction to the junction of St. Agnes Road and St. Agnes Park, formerly part of Armagh Road, thence in a north-easterly direction along the middle of the said St. Agnes Park to the junction of St. Agnes Park and the Captain's Lane, thence in a south-easterly direction along the middle of the Captain's Lane to the existing Boundary of the City comprising in the whole 100 acres 2 roods 0 perches.

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Given under the Official Seal of the Minister for Local Government and Public Health this Seventeenth day of April, One Thousand Nine Hundred and Forty-one.

(Signed) PATRICK RUTTLEDGE,

Minister for Local Government and Public Health.