Local Government Act, 1946

Changing of name of urban district or town.

76.—(1) Subject to this section, the council of an urban district or the commissioners of a town may apply to the Government to make an order under this section changing the name of the urban district or town.

(2) The council of an urban district shall not make an application under this section unless—

(a) four-sevenths of the ratepayers in the urban district have consented to the application being made, and

(b) the council of the county in which the urban district is situate have also consented to the application being made.

(3) The commissioners of a town shall not make an application under this section unless either—

(a) (i) four-sevenths of the ratepayers in the town have consented to the application being made, and

(ii) the council of the county in which the town is situate have also consented to the application being made, or

(b) (i) the commissioners, have by resolution passed before the commencement of this section, purported to change the name of the town, and

(ii) the Minister certifies that such resolution has been adopted by the commissioners and that the new name specified in such resolution has been used for official purposes.

(4) (a) The power conferred by subsection (1) of this section shall be a reserved function.

(b) the giving by the council of a county of consent to the making of an application under this section shall be a reserved function.

(5) The Minister may make regulations prescribing the procedure to be followed in ascertaining for the purposes of this section whether not less than four-sevenths of the ratepayers of an urban district or a town consent to an application being made under this section for an order changing the name of the urban district or town.

(6) The council of a county shall before consenting to an application being made under this section consult the prescribed persons.

(7) (a) Where an application is duly made under this section by the council of an urban district or the commissioners of a town, the Government may by order change the name of the urban district or the town to such other name as they think fit.

(b) An order under this subsection shall come into operation on the 1st day of January next following the expiration of six months from the date of the order.

(8) Every order made under subsection (7) of this section shall be published in such manner and as often as the Minister may direct and shall be notified to the prescribed persons.

(9) Where an order is made under this section changing the name of an urban district from its existing name to a new name, then, as on and from the date on which the order comes into operation every reference in any instrument, document or map to the existing name shall be construed as a reference to the new name.

(10) A change of the name of an urban district or a town made by an order under this section shall not affect any rights or obligations of any authority or person or render defective any legal proceedings, and any legal proceedings may be continued or commenced as if there were no change of name.