Local Government Act, 1946

Insufficiency of rates.

30.—(1) If, at any time after the rate in the pound of the rate for a local financial year has been determined by a rating authority, it appears to the Minister that such rate at such rate in the pound is likely to be insufficient to meet the part defrayable out of rates of the expenses to be incurred by the rating authority in that financial year in—

(a) maintaining at a reasonable standard the public services for the maintenance of which the rating authority is responsible, and

(b) paying to any other body any sums which the rating authority are bound to supply to that body,

the Minister, after causing a local inquiry to be held by one of his inspectors into the sufficiency of such rate, may require the rating authority either to revoke such determination and determine a new rate in the pound for such rate or (if by reason of any steps already taken for the making, levying or collecting of such rate, such a course is more convenient) determine a rate in the pound of a supplementary rate for that local financial year.

(2) Within fourteen days after the date of the receipt by the secretary or clerk of a rating authority of notification that a requirement has been made under subsection (1) of this section, the rating authority shall comply with such requirement.

(3) Where a rating authority determine pursuant to a requirement under subsection (1) of this section a rate in the pound of a supplementary rate, it shall be the duty of the rating authority to make, levy, collect and recover such supplementary rate.

(4) Where a rating authority in relation to whom a requirement is made under subsection (1) of this section determine and make pursuant to the direction either—

(a) a new rate in the pound of a rate, or

(b) a rate in the pound of a supplementary rate,

which in the opinion of the Minister is insufficient, the Minister may by order remove from office the members of the rating authority.

(5) For the purposes of Part IV of the Act of 1941, an order under subsection (4) of this section shall be deemed to be an order under section 44 of that Act as amended by this Act and the removal from office of the members of the rating authority concerned shall be deemed to be a removal from office under that section.

(6) Where a person or persons has or have been appointed under Part IV of the Act of 1941 to be a commissioner or commissioners for a rating authority whose members have been removed from office, such person or persons may revoke any determination by the rating authority of a rate in the pound of a rate for the current or the next local financial year as had been made before his or their appointment (whether it is the first determination of a rate in the pound, the determination of the rate in the pound of a new rate or the determination of the rate in the pound of a supplementary rate) and may determine the rate in the pound of such rate as if no earlier determination had been made or may determine a rate in the pound of a supplementary rate for such local financial year and make, levy, collect and recover such supplementary rate.

(7) The law relating to the determination by a rating authority of the rate in the pound of a rate shall apply, subject to any necessary modifications, to the determination pursuant to this section of the rate in the pound of any rate.

(8) The law relating to making, levying, collecting and recovering, by a rating authority of rates shall apply, subject to any necessary modifications, to the making, levying, collecting and recovering pursuant to this section of any rates.

(9) If any difficulty arises in relation to the determination pursuant to this section of the rate in the pound of any rate or to the making, levying, collecting or recovering pursuant to this section of any rate, the Minister may by order take all such steps and do all such things as appear to him to be necessary for the purpose of removing such difficulty.