LOCAL ELECTIONS POSTPONEMENT ACT, 1922

AN ACT TO POSTPONE THE ELECTIONS TO CERTAIN LOCAL BODIES WHICH ARE DUE TO BE HELD IN THE MONTH OF JANUARY 1923 AND TO ENABLE THE ELECTIONS TO OTHER LOCAL BODIES WHICH ARE DUE TO BE HELD IN THE YEAR 1923 TO BE POSTPONED AND TO MAKE CERTAIN PROVISIONS CONSEQUENTIAL ON SUCH POSTPONEMENTS. [21st December, 1922].

WHEREAS under the Statutes now in force in Saorstát Eireann elections of the members of borough, county borough and urban district councils and of town commissioners are required to be held in the month of January 1923 and elections of members of county and rural district councils and of other local bodies are required to be held in the month of June and at divers other times in the year 1923:

And whereas owing to the non-completion of the Register of Local Government Electors now in course of preparation and for other reasons it is necessary that the said elections required to be held in the month of January 1923 should be postponed to a later date in that year and for the like reasons it may become necessary that some or all of the said elections required to be held at other times in the year 1923 should also be postponed:

And whereas any such postponement of the elections aforesaid involves consequential amendments and adaptations of the existing law relating to such elections.

Be it therefore enacted by the Oireachtas of Saorstát Eireann as follows:—

1 Postponement of elections of borough and urban district councillors and town commissioners.

1.—(1) Every statutory election of councillors of boroughs, councillors of urban districts and commissioners of towns which but for this Act would be held within twelve months after the passing of this Act shall be postponed until such date not being later than the 1st day of January 1924 as the Minister shall by order prescribe.

• (2) Any order under this section (including orders under this sub-section) prescribing a date for the holding of a statutory election may be revoked by a subsequent order but in every such case a new date for the holding of such election shall be prescribed by such subsequent order.

2 Powers to Minister to postpone elections to county and rural district councils and other local bodies.

2.—(1) The Minister if in his opinion it is necessary or expedient so to do may by order postpone all or any of the statutory elections of county councillors, councillors of rural districts or members of any other local body which but for this Act would be held at any time within twelve months after the passing of this Act until such date not being later than the 1st day of January 1924 as the Minister shall by such order prescribe.

• (2) Separate orders may be made at different times under this section for the postponement of the statutory elections to different classes of councils or other local bodies and different dates may be prescribed for the holding of such postponed elections and any election which is postponed by an order under this section may from time to time be further postponed by subsequent orders.

3 Extension of the term of office of existing Councillors, etc.

3.—The term of office of all existing Councillors, Commissioners and members of any council, Commissioners or other local body the statutory elections to which are postponed by or under this Act shall be extended to the day after the prescribed date.

4 Provisions consequential to the postponement of elections.

4.—(1) The Minister shall in every order made by him under this Act prescribing the date on which any statutory election is to be held also prescribe the date on which the first meeting of every Council, body of Commissioners and other local body referred to in such order is to be held after such election.

• (2) Every Council, body of Commissioners and other local body the statutory elections to which are postponed by or under this Act, shall hold its first meeting after such election on the dateprescribed for that purpose by the Minister under this section and shall transact at such meeting all the business which such Council, Commissioners or other local body is by any statute order or regulation required to transact at an annual meeting or a quarterly meeting (as the case may be) held next after a statutory election.

• (3) Such of the existing members of any board, committee, joint board or joint committee as are nominated or elected by any Council, body of Commissioners or other local body the statutory elections to which are postponed by or under this Act shall continue in office as such members until the day after the date on which the first meeting of such Council, body of Commissioners or other local body after the statutory election thereto is held pursuant to this section.

In this sub-section “existing” means holding office on the prescribed date.

• (4) Every Lord Mayor, Mayor, Chairman and Vice-Chairman of or appointed by any Council, body of Commissioners or other local body the statutory elections to which are postponed by or under this Act who is in office at the passing of this Act or on the prescribed date shall continue in office until but not after his successor shall have been duly elected at the first meeting of such Council, body of Commissioners or other local body after the statutory elections thereto and shall have made the declaration accepting office.

• (5) In this section the expressions “annual meeting”and “quarterly meeting” respectively mean any annual meeting or quarterly meeting (as the case may be) the date of which is prescribed by or under the Local Government (Ireland) Act, 1898.

5 Casual vacancies to be filled by co-option.

5.—(1) Every casual vacancy which shall occur among the members of any borough council or urban district council or among the commissioners of any town after the passing of this Act and before the prescribed date and which but for this section ought to be filled by election may be filled by means of the choice by such council or commissioners of a person to fill the vacancy, but not otherwise, and any councillor or commissioner so chosen shall hold office in all respects as if he had been elected to fill the vacancy.

• (2) Every casual vacancy among the members of any council or other local body the statutory elections to which are postponed by the Minister under this Act which shall occur after the date of an order postponing the statutory elections to such council or local body and before the prescribed date and which but for this section ought to be filled by election may be filled by means of the choice by such council or other local body of a person to fill the vacancy, and any councillor or member so chosen shall hold office in all respects as if he had been elected to fill the vacancy but not otherwise.

6 Exemption from penalties for resigning.

6.—(1) No councillor of any borough or councillor of an urban district or commissioner of a town who shall resign his office as such councillor or commissioner at any time after the passing of this Act and before the prescribed date shall be liable to any fine or other penalty for or on account of his so resigning his office.

• (2) No councillor of a county or rural district council or member of any other local body the statutory elections to which are postponed by the Minister under this Act who shall resign his office as such councillor or member after the date of an order postponing the statutory elections to such council or body and before the prescribed date shall be liable to any fine or other penalty for or on account of his so resigning his office.

7 Computation of periods of office and time.

7.—Every period of office or other period of time which is by any statute, order or regulation to be computed from the date of a statutory election (other than periods relating to the first meeting after a statutory election) shall in the case of every Council, body of Commissioners and other local body the statutory elections to which are postponed by or under this Act be computed from the date on which such statutory elections would have been held if this Act had not been passed and not from the date on which such statutory elections are actually held.

8 Adaptation of enactments.

8.—(1) Every provision of every statute, order and regulation relating to any statutory election which is postponed by or under this Act to any councillor, commissioner or member of a local body whose term of office is extended by or under this Act shall be construed as if the same had been modified to the extent (if any) and in the manner necessary to give effect to the provisions of this Act.

• (2) If any doubt, dispute or question shall arise or in the opinion of the Minister be likely to arise as to the modification which is to be made under this section in the construction of any statute, order or regulation the Minister may by order specify the modification which is to be made therein.

9 Definitions.

9.—In this Act—the expression “Borough” includes “County Borough,” the expression “Councillor” includes “Alderman”; the word “existing” when used in respect of a councillor of a borough council or urban district council or commissioner of a town means holding office at the date of the passing of this Act and when used in respect of a councillor of any other council or a member of any other local body means holding office at the date of the order postponing the statutory elections to such council or body; the expression “Statutory Election” means an election to fill the places of councillors, commissioners or members of a local body retiring on the expiration of their term of office; the expression “Prescribed Date” means the date prescribed under this Act by the Minister for the holding of the statutory elections to the council, body of commissioners or other local body to which the expression relates; the expression “The Minister” means the Minister for Local Government; the expression “Local Body” means any body whose accounts are required by or under any statute to be audited by an auditor appointed by the Minister; the word “Statute” includes Act of the British Parliament having the force of law in Saorstát Eireann as well as Act of the Oireachtas.

10 Short Title.

10.—This Act may be cited as the Local Elections Postponement Act, 1922.