Local Government Act, 1955

PART VI.

Miscellaneous.

Amendment of sections 76 to 79 of Act of 1946.

53.—(1) Section 76 of the Act of 1946 is hereby amended by the addition of the following subsection:—

“(11) (a) The council of an urban district or the commissioners of a town may cause a list of the ratepayers in the urban district or town to be prepared, and such list when adopted, with or without alterations, by the council or commissioners shall, for the purposes of this section, be the list of ratepayers in the said district or town.

(b) Adoption under this subsection of a list of ratepayers shall be a reserved function.”

(2) Section 77 of the Act of 1946 is hereby amended by the substitution of the following subsection for subsection (4):—

“(4) (a) Where a townland or a non-municipal town is wholly situate in a particular county, the council of the county may cause a list of the ratepayers in the townland or non-municipal town to be prepared, and such list when adopted, with or without alterations, by the council shall, for the purposes of this section, be the list of ratepayers in the said townland or non-municipal town.

(b) Where part only of a townland or a non-municipal town is situate in a particular county, the council may cause a list of the ratepayers in the part of the townland or non-municipal town which is situate in the county to be prepared, and such list when adopted, with or without alterations, by the council shall, for the purposes of this section, be the list of ratepayers in the said part.

(c) Adoption under this subsection of a list of ratepayers shall be a reserved function.”

(3) >Section 78 of the Act of 1946 is hereby amended by the substitution for subsection (5) of the following subsections:—

“(5) (a) The appropriate authority may cause a list of the ratepayers in a street to be prepared, and such list when adopted, with or without alterations, by the appropriate authority shall, for the purposes of this section, be the list of ratepayers in the street.

(b) Adoption under this subsection of a list of ratepayers shall be a reserved function.

(6) In this section—

the word ‘street’ includes part of a street and also the whole or part of any road, square, lane or other public place,

the expression ‘appropriate authority’ means—

(a) as respects a street wholly situate, or a building or other erection situate, in a county, the council of the county,

(b) as respects a street wholly situate, or a building or other erection situate, in a county or other borough, the corporation of the borough,

(c) as respects a street wholly situate, or a building or other erection situate, in an urban district, the council of the urban district,

(d) as respects a street wholly situate, or a building or other erection situate, in a town, the commissioners of the town, and

(e) as respects any other street, such two of the said local authorities as may be appropriate acting jointly.”

(4) In sections 76 to 79 of the Act of 1946 (including the subsections added by the foregoing subsections of this section) “ratepayer” shall, with respect to a small dwelling within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928), of which the owner within the meaning of that Act is not also the occupier, mean the occupier and not the owner.