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Assistance to harbour authorities by local authorities.
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7.—(1) A local authority may resolve to assist a harbour authority in any one or more of the following ways:—
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(a) by making a free grant to the harbour authority,
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(b) by making a loan to the harbour authority and by providing the sum necessary for this purpose by borrowing or otherwise,
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(c) by guaranteeing the repayment of any loan raised by the harbour authority and the payment of interest thereon,
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(d) by contributing the whole or any part of the interest on any loan raised by the harbour authority, whether the repayment of the loan is or is not guaranteed or to be guaranteed by the local authority,
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(e) by the repayment of the whole or any part of a loan raised by the harbour authority, whether the repayment thereof is or is not guaranteed or to be guaranteed by the local authority,
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(f) by remitting in whole or in part any debt (whether incurred before or after the passing of this Act) due to them by the harbour authority.
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(2) The passing by a local authority of a resolution under subsection (1) of this section in relation to the matters mentioned in paragraphs (a) and (f) of subsection (1) of this section and of a further resolution confirming the first mentioned resolution shall—
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(a) in case the local authority is the corporation of a county borough, be a reserved function for the purposes of the enactments relating to that corporation,
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(b) in any other case, be a reserved function for the purposes of the County Management Acts, 1940 and 1942.
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(3) Where a resolution has been passed by a local authority under subsection (1) of this section—
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(a) the local authority shall, within fourteen days after its passing, publish the resolution in three newspapers (of which one at least is a daily newspaper) circulating in their functional area,
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(b) the local authority may, not earlier than sixty days and not later than one hundred and eighty days after its passing, confirm the resolution by a further resolution.
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(4) Where a resolution has been passed by a local authority under subsection (1) of this section and has been duly published and confirmed under subsection (3) of this section, the Minister for Local Government may by order confirm the resolution and include in the order such further provisions as he thinks necessary for giving effect to the resolution and thereupon the resolution shall become operative.
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(5) (a) A local authority may borrow for the purposes of doing anything which they are authorised to do by subsection (1) of this section—
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(i) in the case of the council of a county, as if those purposes were purposes for which they are authorised to borrow under Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898, and money borrowed under this subsection by the council of a county for any such purposes shall not be reckoned as part of the total debt of such council for the purposes of the said Article, and
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(ii) in the case of the corporation of a county or other borough or the council of an urban district, as if those purposes were purposes for which they are authorised to borrow under the Public Health (Ireland) Act, 1878, but money so borrowed shall not be reckoned as part of the debt of such authority for the purposes of any limitation on borrowing imposed by that Act.
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(b) Money borrowed under this subsection may be lent by means of an issue from the local loans fund as if such loan constituted a local loan within the meaning of the Local Loans Fund Acts, 1935 to 1945, and was authorised by an Act of the Oireachtas.
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(6) Where—
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(a) a local authority resolve under this section to remit in whole or in part a debt due to them by a harbour authority, and
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(b) such debt is in respect of a loan which was contracted by the harbour authority and paid off by the local authority, and
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(c) the resolution has become operative,
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no person shall be entitled to make against such local authority any claim arising out of or in respect of such remission.
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(7) Where the amount required to be raised by a local authority for a local financial year ending on or after the 31st March, 1948, in order to defray the cost of assisting harbour authorities in that local financial year exceeds—
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(a) in the case of the corporation of a county borough, a sum equal to a rate of one shilling in the pound on the total of the rateable valuations of the hereditaments and tenements rateable to the municipal rate in the county borough at the commencement of that local financial year, or
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(b) in the case of the corporation of a borough not being a county borough or the council of an urban district, a sum equal to a rate of eightpence in the pound on the total of the rateable valuations of the hereditaments and tenements rateable to the municipal rate in the area of the local authority at the commencement of that local financial year, or
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(c) in the case of the council of a county, a sum equal to a rate of fourpence in the pound on the total of the rateable valuations of the hereditaments and tenements rateable to the county rate in the county at large at the commencement of that local financial year,
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then, the Minister may, out of moneys provided by the Oireachtas, pay to the local authority a sum equal to one-half of such excess as a contribution towards such cost.
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(8) In this section the expression “local authority” means a body being the council of a county, the corporation of a county or other borough or the council of an urban district.
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