LOCAL GOVERNMENT (DUBLIN) ACT, 1930
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
34 amending acts · 2019-07-11, LOCAL GOVERNMENT RATES AND OTHER MATTERS ACT 2019
- (2) Where the manager is on vacation and also where the manager is so incapable as aforesaid and such incapacity is due to absence from the City or the Borough, the power of appointing the deputy manager under this section may be exercised by the manager, after consultation with the Lord Mayor or Chairman (as the case may be), before and in contemplation of such vacation or such incapacity (as the case may be), but in every other case, that is to say, where the manager is so incapable as aforesaid owing to illness or suspension and also where the manager is on vacation or is so incapable as aforesaid owing to absence from the City or Borough and a deputy manager is not appointed under this section before such vacation or incapacity or having been so appointed is removed under this section during such vacation or incapacity, the power of appointing the deputy manager under this section shall be exercisable at any time during such vacation or incapacity by the Lord Mayor or Chairman (as the case may be) only.
- (3) In every case the power of removing the deputy manager under this section shall be exercisable by the Lord Mayor or Chairman (as the case may be) only.
- (4) The deputy manager shall, during the continuance of the vacation or incapacity on account of which he is appointed or until he is sooner removed under this section, have all the powers and shall exercise and perform all the functions and duties of the manager and for that purpose all references in this Act to the manager (other than the references to the manager in this section and the references in this Act to the appointment, tenure of office and remuneration of the manager) shall be construed as including the deputy manager.
- (5) There shall be paid by the Corporation to the deputy manager such remuneration (if any) as the Council with the approval of the Minister shall determine.
80 Legal proceedings.
80.—In every action or other legal proceedings, whether civil or criminal, instituted in any court of law or equity by or against the Corporation the manager shall act for and on behalf of the Corporation and may do all such acts, matters, or things as he may consider necessary for the preparation and prosecution or defence of such action or other proceeding in the same manner in all respects as if (as the case may require) he were the plaintiff or prosecutor or the defendant therein, and where any such action or other proceeding relates to the exercise or the performance by the Council of any of the reserved functions the manager shall in the doing of any such act, matter or thing as aforesaid act with the express authority of the Council, which authority shall be deemed to have been given unless and until the contrary is shown.
PART III. Miscellaneous Provisions.
81 Election of county councillors to be held.
81.—(1) On the day of election there shall be a triennial election of members of the County Council.
- (2) The triennial elections of members of the County Council shall, notwithstanding anything contained in the Local Government (Ireland) Act, 1919 or in the Local Elections Act, 1927 (No. 39 of 1927), be held in every third year after the year 1930, and in no other year.
- (3) The following provisions shall have effect in relation to the election of members of the County Council held in the year 1930, that is to say:—
- (a) for the purposes of such election the added urban districts and the added rural area shall be deemed not to form part of and not to be included in the County;
- (b) as soon as may be after the passing of this Act and before the day of election, the Minister shall by order divide the County exclusive of the added urban districts and the added rural area into such number of county electoral areas as he shall think proper which shall, in relation to such election, be county electoral areas for the purposes of the Local Government (Ireland) Act, 1919;
- (c) the Minister shall by his said order prescribe the number of members of the County Council to be elected for each county electoral area constituted by such order and shall so prescribe such number as to secure, so far as is practicable, that the number of members so assigned to each such area shall be such as to give equal representation upon the basis of population;
- (d) every polling district existing at the passing of this Act which is wholly within a county electoral area prescribed by the said order shall be a polling district for the purposes of such election and every polling place so existing in any such polling district shall be a polling place for the purposes of such election;
- (e) in the case of a polling district existing at the passing of this Act which is not wholly within any county electoral area prescribed by the said order, each part of such polling district wholly within any such county electoral area shall be a separate polling district for the purposes of such election, and the polling places in each such last-mentioned separate polling district at such election shall be such places (whether within or outside such district) as shall be appointed for the purpose by the returning officer at such election.
82 Abolition of rural district councils in the County.
82.—(1) Part I (except sections 7 and 8) of the Act of 1925 shall, notwithstanding anything contained in that Act, apply to and have effect in the County subject to the modifications that the fourteenth day after the day of election shall be substituted for the appointed day and the reference in section 6 of the said Act to the passing of that Act shall be construed as a reference to the passing of this present Act.
- (2) By virtue of the said application of Part I of the Act of 1925 to the County, every rural district council whose functional area is within the County shall cease to exist on the fourteenth day after the day of election and all such consequences shall ensue from such cesser as are provided for in and by the said Part I.
83 Officers of rural district councils.
83.—(1) Every person who is, on the thirteenth day after the day of election, an officer of a rural district council whose functional area is in the County, shall, on the fourteenth day after the day of election, be transferred to the service and become and be an officer of either (as circumstances may require) the County Council or the Board of Health.
- (2) The provisions contained in Part I of this Act in relation to officers transferred by the said Part I from the service of an abolished body to the service of the successor of such abolished body shall apply in respect of every officer transferred by this section from the service of a rural district council to the service of the County Council or the Board of Health, and for the purposes of and in relation to such application the following provisions shall have effect, that is to say:—
- (a) every officer transferred by this section from the service of a rural district council to the service of either the County Council or the Board of Health shall be deemed to be a transferred officer, and
- (b) a rural district council from whose service an officer is transferred by this section shall in relation to such officer be deemed to be the predecessor from whose service such officer was transferred, and
- (c) in relation to an officer transferred by this section to the service of the County Council, the County Council shall be deemed to be the successor to whose service such officer was transferred, and
- (d) in relation to an officer transferred by this section to the service of the Board of Health, the Board of Health shall be deemed to be the successor to whose service such officer was transferred, and
- (e) the appointed day shall be deemed to be the fourteenth day after the day of election, and
- (f) no officer transferred by this section shall be removed from office by the County Council or the Board of Health (as the case may be) under the said provisions applied by this sub-section without the sanction of the Minister.
- (3) Every dispute or question as to whether an officer transferred by this section is so transferred to the service of the County Council or to the service of the Board of Health shall be determined by the Minister, whose decision shall be final.
84 Preservation of contracts of service with Rural District Councils.
84.—Every contract of service express or implied which is in force immediately before the fourteenth day after the day of election between a rural district council whose functional area is within the county and any person not being an officer of such rural district council shall continue in force on and after the fourteenth day after the day of election, but shall be construed and have effect as if the County Council or the Board of Health (as circumstances may require) were substituted therein for such rural district council, and such contract shall be enforceable against the County Council or the Board of Health accordingly
85 Application of the Acts of 1925 and 1927 to the County and the City.
85.—(1) Notwithstanding anything to the contrary contained in the Act of 1925 or the Act of 1927, those portions (including repeals) of the Act of 1925 (other than Part I thereof) and of the Act of 1927 which did not apply before the passing of this Act to the County or the City shall, with the exception of sub-section (2) of section 57 and section 82 of the Act of 1925, apply to and have effect in the County and the City with and subject to all such general modifications as may be necessary to enable such application to have effect and with and subject to the following particular modifications, that is to say:—
- (a) the fourteenth day after the day which is the day of election for the purposes of this Act shall be substituted for the appointed day throughout the Act of 1925 and also for the 1st day of April, 1925, in Part III of that Act, and
- (b) the fourteenth day after the day which is the day of election for the purposes of this Act shall be substituted throughout the Act of 1927 for the 1st day of April, 1927, except where that date occurs in the expression ‘the local financial year commencing on the 1st day of April, 1927,’ and
- (c) the local financial year commencing next after the day which is the day of election for the purposes of this Act shall be substituted throughout the Act of 1927 for the local financial year commencing on the 1st day of April, 1927, and
- (d) section 10 of the Act of 1927 shall apply to the Council of the County of Dublin, and
- (e) every provision in either of the said Acts whereby the area of charge for any expenses is altered shall come into operation on the 1st day of April, 1931.
- (2) On and after the fourteenth day after the day of election the secretary of the County Council shall act as and be the chief executive officer of the Board of Health.
86 Application of Local Elections Act, 1927.
86.—(1) Notwithstanding anything contained in section 4 of the Local Elections Act, 1927 (No. 39 of 1927), Part II of that Act (except sections 16 and 17) and also all rules made by the Minister under section 14 of that Act shall apply to the City Council and to the County Council, and to every local authority whose functional area is within the City or the County, but such application shall (except as regards the Commissioners of the town of Balbriggan) be subject to the provisions of this Act and to the following provisions, that is to say:—
- (a) the members of the City Council and the members of the Borough Council who are elected to those Councils respectively at the elections held in the year 1930 shall come into office on the morning of the appointed day;
- (b) section 14 of the said Act shall have effect in relation to the City Corporation and the County Council as if the rules made by the Minister under that section before the passing of this Act were made on the 1st day of April, 1931.
- (2) No election of members of the council of the county borough of Dublin shall be held in pursuance of the Local Elections Postponement Act, 1925 (No. 42 of 1925), the Local Elections (Dissolved Authorities) Act, 1926 (No. 22 of 1926), or the Local Elections (Dublin) Act, 1929 (No. 3 of 1929), and in lieu thereof an election of members of the City Council shall be held on the day of election under and in accordance with this Act.
- (3) No election of members of the County Council shall be held in pursuance of Part III of the Local Elections Act, 1927, as amended by the Local Elections (Dublin) Act, 1929, and in lieu thereof an election of members of the County Council shall be held on the day of election under and in accordance with this Act, and section 22 of the Local Elections Act, 1927, shall have effect in relation to the County Council as if the sixth day after the day of election were the prescribed date referred to in that section.
- (4) No election of guardians of the poor of the Dublin Union shall be held in pursuance of the Local Elections Postponement Act, 1925, the Local Elections (Dissolved Authorities) Act, 1926, or the Local Elections (Dublin) Act 1929.
- (5) No election of members of the council of an added urban district or the council of a coastal urban district shall be held in pursuance of Part III of the Local Elections Act, 1927 as amended by the Local Elections (Dublin) Act, 1929, and section 22 of the Local Elections Act, 1927 shall have effect in relation to all such councils as if the day before the appointed day were the prescribed date referred to in that section.
- (6) No election of members of any rural district council whose functional area is within the County of Dublin nor of guardians of the poor of the Rathdown Union nor of guardians of the poor of the Balrothery Union shall be held in pursuance of Part III of the Local Elections Act, 1927 as amended by the Local Elections (Dublin) Act, 1929, and notwithstanding anything contained in section 22 of the Local Elections Act, 1927 the respective terms of office of every member, chairman and vice-chairman of any such rural district council or of the said guardians who is in office at the passing of this Act shall be extended to and shall expire on the fourteenth day after the day of election.
87 Amendment of Section 44 of the Act of 1925.
87.—In relation to an officer who ceases to hold his office by virtue of anything done by, under, or in pursuance of this Act, sub-section (3) of section 44 of the Act of 1925 shall, if and in so far as it applies to him, be construed and have effect as if the expression “one-fourth” were substituted therein for the expression “one-sixth” now contained therein.
88 Compensation of officers in certain cases.
88.—(1) Every person who is at the passing of this Act an officer in the service of a local body and, by reason of anything done by, under, or in pursuance of this Act, either—
- (a) is removed from office or ceases to hold office by reason of the abolition of his office and is not entitled under any enactment other than this Act to compensation for such removal or cesser, or
- (b) suffers pecuniary loss by reason of his salary or emoluments being reduced,
may be awarded and paid by the local body in whose service he is at the time of such removal, cesser or loss or, where that body is the Board of Health, by the County Council such compensation as is hereinafter mentioned for such removal, cesser or loss.
- (2) The compensation which may be awarded and paid to an officer under this section shall be of such amount and be by way of annual allowance or gratuity as shall, with the sanction of the Minister, be agreed upon between such officer and the body by whom such compensation is payable, or (in default of such agreement and sanction) be fixed by the Minister, having regard to the following considerations, that is to say:—
- (a) the conditions on which such officer was appointed to the service of the local body in whose service he was at the passing of this Act,
- (b) the nature and duration of his employment in such service,
- (c) in the case of an officer who does not devote his whole time to the duties of his office, the amount of time he devotes to such duties,
- (d) in the case of a removal from office or ceasing to hold office by reason of the abolition of such office the amount of compensation which could be awarded to him if such compensation were calculated under section 44 of the Act of 1925, amended by the substitution, in sub-section (3) thereof, of the expression “one-fourth” for the expression “one-sixth”,
- (e) in the case of a pecuniary loss, the amount of compensation which could be awarded to him if such compensation were calculated under section 56 of the Act of 1925, amended by the substitution, in paragraph (b) of sub-section (3) thereof, of the expression “one-fourth” for the expression “one-sixth,”
- (f) the probability (if any) of his having continued in office for a longer period or without suffering loss (as the case may require) if this Act had not been passed,
- (g) any other circumstances affecting his case.
- (3) The compensation awarded to a person under this section shall not exceed:—
- (a) in the case of a removal from office, the maximum compensation which could be awarded to him if such compensation were calculated under section 44 of the Act of 1925, amended by the substitution, in sub-section (3) thereof, of the expression “one-fourth” for the expression “one-sixth”, and
- (b) in the case of a pecuniary loss, the maximum compensation which could be awarded to him if such compensation were calculated under section 56 of the Act of 1925, amended by the substitution, in paragraph (b) of sub-section (3) thereof, of the expression “one-fourth” for the expression “one-sixth”.
89 Application of the School Attendance Act, 1926.
89.—(1) The several areas of the Blackrock Urban District, the Dun Laoghaire Urban District, the Rathmines and Rathgar Urban District, the Pembroke Urban District and the several school attendance areas subsisting at the passing of this Act in the City shall until the 1st day of April, 1931 continue to be and shall then cease to be school attendance areas within the meaning of the School Attendance Act, 1926 (No. 17 of 1926) and on and after the 1st day of April, 1931 the City and the Borough shall respectively become and be school attendance areas within the meaning of that Act.
- (2) On and after the 1st day of April, 1931 the School Attendance Act, 1926 shall have effect in the City, the Borough, and the County as if the City and the Borough were mentioned in the Schedule to that Act and the County Borough of Dublin and the said four urban districts were omitted from the said Schedule.
- (3) In the application of the School Attendance Act, 1926 to the City and the Borough, the 1st day of April, 1931 shall be deemed to have been prescribed by the Minister for Education under section 10 of that Act as the time for the commencement of the term of office of the successors in the City and the Borough respectively of the committees referred to in that section as the first school attendance committees.
- (4) A division of the City (including the added rural area) and the Borough respectively into two or more school attendance areas under sub-section (1) of section 10 of the School Attendance Act, 1926, and the appointment of a school attendance committee under sub-section (3) of the said section 10 for any school attendance area co-terminous with or included in the City (including the added rural area) or the Borough may be made before the 1st day of April, 1931, to take effect on that day.
90 Provisions in regard to the register of electors.
90.—(1) In the register of electors for the county which came into force on the 1st day of June, 1930 the various portions of the added rural area shall be shown separately in the prescribed manner.
- (2) The registration officer for the county shall, as soon as conveniently may be after the passing of this Act and before the day of election, so amend the said register of electors as to give effect to the foregoing sub-section of this section and the said register of electors as so amended shall for all purposes be the register of electors for the county in force until the 1st day of June, 1931.
91 Administration of Dublin Poor Law Union.
91.—(1) As soon as may be after the day of election the City Council and the County Council shall appoint for the purposes of this section a committee (to be known as the Dublin Union Committee) consisting of four persons appointed by the City Council and one person appointed by the County Council, and for the purpose of such appointment the office of City Manager shall be deemed not to be an office of profit within the meaning of Article 12 of the Schedule to the Local Government (Application of Enactments) Order, 1898, or of section 70 of the Act of 1925.
- (2) The Order dated the 21st day of November, 1923 and made under section 12 of the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), whereby the Board of Guardians of the Dublin Union was dissolved shall continue in force until the 31st day of March, 1932, and shall then cease to have effect, but immediately upon the completion of the appointment under this section of the said committee the persons then performing the duties of the said Board of Guardians (whether by virtue of an appointment under sub-section (3) of the said section 12 of the Local Government (Temporary Provisions) Act, 1923 or of an appointment under sub-section (3) of section 72 of the Act of 1925) shall by virtue of this sub-section become and be removed and the said committee shall by virtue of this section become and be appointed without remuneration in their place and the property, powers, and duties of the said Board of Guardians shall by virtue of this sub-section become and be transferred to the said committee and the said Order shall have effect as if such removal, appointment, and transfer had been made by the Minister under sub-section (3) of section 72 of the Act of 1925.
92 Administration of Rathdown Poor Law Union.
92.—(1) As soon as may be after the day of election the County Council shall appoint for the purposes of this section a committee (to be known as the Rathdown Union Committee) consisting of such number of persons as the said Council thinks proper.
- (2) At the expiration of fourteen days after the day of election the Board of Guardians of the Rathdown Union shall by virtue of this section become and be dissolved and the property and the several powers and duties of the said Board of Guardians shall by virtue of this section become and be transferred to the said committee appointed under this section.
- (3) Section 72 of the Act of 1925 shall apply in respect of the Rathdown Poor Law Union and the said Board of Guardians thereof and the property, powers and duties of the said Board as if the dissolution of the said Board and the transfer of the said property, powers and duties effected by virtue of this section had been effected by an order made by the Minister under the said section 72.
93 Administration of Balrothery Poor Law Union.
93.—(1) As soon as may be after the day of election the County Council shall appoint for the purposes of this section a committee (to be known as the Balrothery Union Committee) consisting of such number of persons as the said Council thinks proper.
- (2) At the expiration of fourteen days after the day of election the Board of Guardians of the Balrothery Union shall by virtue of this section become and be dissolved and the property and the several powers and duties of the said Board of Guardians shall by virtue of this section become and be transferred to the said committee appointed under this section.
- (3) Section 72 of the Act of 1925 shall apply in respect of the Balrothery Poor Law Union and the said Board of Guardians thereof and the property, powers and duties of the said Board as if the dissolution of the said Board and the transfer of the said property, powers and duties effected by virtue of this section had been effected by an order made by the Minister under the said section.
94 Amendment of county rates.
94.—(1) The Secretary of the County Council may from time to time amend any rate or assessment in any rate book kept by the County Council by inserting therein the name of any person who ought to have been rated or by striking out the name of any person who ought not to have been rated or by raising or reducing the sum at which a person has been rated or by making such other amendment therein as will make such rate or assessment conformable to the provisions of any Act for the time being in force in regard to the making of such rate or assessment.
- (2) Every person aggrieved by any such alteration shall have the same right of appeal therefrom as he would have had if his name had been originally inserted in the said rate or assessment and no such alteration had been made therein, and as regards such person the rate shall be considered to have been made at the time when he received notice of such amendment.
95 Audit of Accounts.
95.—(1) So much of section 11 of the Local Government (Ireland) Act, 1871, as requires that the audit and examination of accounts mentioned in that section shall be made by the auditor of accounts relating to the relief of the poor for a particular union shall, on the passing of this Act, cease to have effect in the City and the County, and in lieu thereof it is hereby enacted that in the City and in the County every audit and examination of accounts in pursuance of the said section 11 shall be made by such auditor as the Minister shall direct.
- (2) Section 64 of the Local Government (Ireland) Act, 1898, shall, on the passing of this Act, cease to have effect in the City and the County.
96 Water supply to the Borough.
96.—(1) Subject to the provisions of this section, every statute and every order made under statutory authority whereby, immediately before the appointed day, the City Corporation is required to supply water for use in the urban district of Dun Laoghaire, or whereby a price is fixed for such supply or whereby such price may be varied from time to time shall have effect, on and after the appointed day, with the substitution therein of the Borough and the Borough Corporation for the said urban district and the council thereof.
- (2) Every provision contained in any statute or order whereby, immediately before the appointed day, the City Corporation is required to supply water for use in any of the coastal urban districts other than the urban district of Dun Laoghaire shall, save as hereinafter otherwise provided, cease to have effect on and after the appointed day.
- (3) The delivery of a supply of water by the City Corporation to the Borough Corporation for use in the Borough in pursuance of this section shall be made separately at the several places at which the City Corporation is, immediately before the appointed day, required by law to deliver, water for use in the respective areas forming at the passing of this Act the coastal urban districts, but all water so delivered shall be deemed to be delivered for use in the Borough generally.
97 Maintenance of branch water pipes.
97.—The City Corporation and the Borough Corporation respectively may agree to do all or any of the following things, that is to say, to provide, lay down, renew or maintain the branch pipes or any particular part of the branch pipes by means of which a supply of water is conveyed from the main pipe to any hereditament or tenement in the City or the Borough (as the case may be).
98 Extension of Howth urban district.
98.—(1) The council of the urban district of Howth may at any time after the 1st day of April, 1931 apply to the Minister for an extension of the boundary of that urban district so as to include therein any portion of the County not then included therein.
- (2) On receiving an application under the foregoing sub-section the Minister may, after holding a local inquiry into the subject-matter of such application and after considering any representations made to him by the County Council or the City Corporation, make a provisional order giving effect to the proposal contained in such application with such (if any) modifications as he may think proper to make therein or may refuse such application.
- (3) A provisional order under this section shall not have effect unless or until confirmed by the Oireachtas.
- (4) A provisional order under this section may contain such provisions as the Minister shall think proper in relation to the adjustment of property, rights and liabilities and the determination of financial and other matters between the council of the urban district of Howth and the County Council in consequence of such order.
99 Saving for fishing rights in the River Liffey.
99.—Nothing in this Act shall operate to affect any fishery or fishing right existing at the passing of this Act and situate in or exercisable in respect of any part of the River Liffey or the ownership of the soil of the bed of the said River Liffey.
100 Local inquiries.
100.—Whenever the Minister holds a local inquiry in pursuance of a direction or under an authority given by this Act, Article 32 of the Schedule to the Application of Enactments Order, 1898, shall apply in respect of such inquiry in like manner as it applies in respect of the inquiries mentioned in the said Article.
101 Appointment of tribunal to report on boundaries and joint public health services.
101.—(1) The Minister shall, on such two occasions as he shall think proper within the limits hereinafter mentioned and also on such and so many (if any) subsequent occasions as he shall think proper, appoint by order such number of such persons as he shall on each such occasion think fit to constitute and be a tribunal for the purposes of this section, and shall by each such order nominate one of the members of the tribunal thereby appointed to be the chairman of such tribunal and appoint such person as he thinks fit to act as secretary to such tribunal and appoint a convenient day, hour, and place for the first meeting of such tribunal.
- (2) The first appointment of a tribunal under this section shall be made within five years after the passing of this Act and the second such appointment shall be made not less than three years after the appointment of the first such tribunal and not more than ten years after the passing of this Act.
- (3) It shall be the duty of every tribunal appointed under this section to consider, make recommendations, and report to the Minister with all convenient speed whether any and, if any, what alterations are then necessary or desirable in the boundaries of the City and the County respectively and in the several local administrative areas within the County, and also whether any and, if any, what general adjustments of the financial relations of the City, the County, and the several local administrative areas within the County are then necessary or desirable, and also whether any and, if any, what arrangements are then necessary or desirable for the establishment of joint local government or public health services for the common benefit of any two or more of the following areas, that is to say, the City, the County, and the several local administrative areas within the County, and for the joint control of such services by the several local authorities having jurisdiction in the respective areas benefited by such services.
- (4) Every report made by a tribunal appointed under this section shall be forthwith laid before each House of the Oireachtas by the Minister.
- (5) A tribunal appointed under this section shall have all such powers, rights, and privileges for enforcing the attendance of witnesses and examining them on oath or otherwise and for compelling the production of documents as are vested in the High Court or a Judge thereof in respect of the trial of an action, and a summons signed by the chairman of the tribunal shall be equivalent to and have the like effect as a formal process issued by the High Court for enforcing the attendance of witnesses and compelling the production of documents.
- (6) If any person—
- (a) on being duly summoned as a witness before a tribunal appointed under this section makes default in attending, or
- (b) being in attendance as a witness refuses to take an oath legally required by such tribunal to be taken, or to produce any document in his power or control legally required by such tribunal to be produced by him, or to answer any question to which such tribunal may legally require an answer, or
- (c) does any other thing which would, if such tribunal were a Court of Justice having power to commit for contempt of Court, be contempt of such Court,
the chairman of such tribunal may certify the offence of that person under his hand to the High Court, and that Court may, after such inquiry as it thinks proper to make, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the said Court.
- (7) A witness before a tribunal appointed under this section shall be entitled to the same immunities and privileges as if he were a witness before the High Court.
- (8) The costs and expenses incurred by or in relation to a tribunal appointed under this section shall, to such amount as may be sanctioned by the Minister, be paid to the Minister by such of the following bodies, that is to say, the City Corporation, the County Council, and the several local authorities whose functional areas are within the County, as such tribunal shall direct, and the proportion of such costs and expenses so payable by any such body may be recovered from such body by the Minister as a civil debt.
102 Application and adaptation of enactments.
102.—(1) Every enactment (including local, personal, and private Acts) and every order in force at the passing of this Act in or in relation to the existing city or the county or either of the added urban districts or any of the coastal urban districts shall, on and after the passing of this Act but subject to any order made by the Minister under this section in respect of such enactment or order, be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Act.
- (2) The Minister may by order do all or any of the following things, that is to say:—
- (a) make such adaptations and modifications of and in any local, personal, or private Act or any order relating to the existing city or to either of the added urban districts or to any of the coastal urban districts and in force at the passing of this Act as appear to the Minister to be necessary or expedient for the purpose of carrying this Act into effect;
- (b) apply to the whole of the City any local, personal, or private Act or any order relating to the existing city or any portion thereof, or to either of the added urban districts and in force at the passing of this Act;
- (c) apply to the Borough any local, personal, or private Act or any order relating to any of the coastal urban districts and in force at the passing of this Act.
- (3) The Minister may by order make, in or of any Act (including Acts passed after the passing of this Act but before the 1st day of April, 1931) or any order made under statutory authority relating generally to boroughs, county boroughs, or urban districts or the councils of boroughs, county boroughs, or urban districts, all such adaptations and modifications in respect of the application of such Act or order in or in relation to the City and the Borough or either of them or the City Corporation, the City Council, the Borough Corporation, and the Borough Council or any of them as appear to the Minister to be necessary or expedient for the purpose of carrying this Act into effect.
- (4) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next subsequent twenty-one days on which such House has sat after such order is laid before it annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.
103 Redundant Private Acts and orders.
103.—(1) Where it appears to the Minister that any local personal, or private Act or any order relating to the existing City or to either of the added urban districts and in force at the passing of this Act contains provisions which are inconsistent with or rendered unnecessary by or adequately replaced by provisions made by or under this Act, the Minister may by order declare that such provisions of such Act or order shall not apply in or in relation to the City, and upon such order being made the provisions specified therein of such Act or order shall not apply in on in relation to the City.
- (2) Where it appears to the Minister that any local, personal or private Act or any order relating to any of the coastal urban districts and in force at the passing of this Act contains provisions which are inconsistent with or rendered unnecessary by or adequately replaced by provisions made by or under this Act, the Minister may by order declare that such provisions of such Act or order shall not apply in or in relation to the Borough, and upon such order being made the provisions specified therein of such Act or order shall not apply in or in relation to the Borough.
- (3) No order made under this section shall come into force unless and until it has been laid before each House of the Oireachtas and has been approved by resolution of each such House.
104 The day of election and the appointed day.
104.—(1) The Minister may by order fix a day not being later than the 1st day of October, 1930, to be the day of election for the purposes of this Act.
- (2) The Minister may by order appoint a day in the year 1930 and subsequent to the day of election to be the appointed day for the purposes of this Act.
105 Repeals.
105.—The enactments mentioned in the Third Schedule to this Act are hereby repealed as on and from the fourteenth day after the day of election to the extent specified in the third column of the said Schedule.
106 Short title.
106.—This Act may be cited as the Local Government (Dublin) Act, 1930.
FIRST SCHEDULE. ADDED RURAL AREA.
PART I.
Complete Townlands.
NORTH DUBLIN RURAL DISTRICT.
| Name of Townland. | District Electoral Division in which situate. | ||
| Bettyville | Howth Rural | ||
| Botanic Garden | Glasnevin Rural | ||
| Cabragh | Finglas | ||
| Castleknock | Castleknock | ||
| Chapelizod | Castleknock | ||
| Charleville | Howth Rural | ||
| Clonturk | Drumcondra Rural | ||
| Foxlands | Howth Rural | ||
| Furrypark | Drumcondra Rural | ||
| Hampstead Hill | Drumcondra Rural | ||
| Hampstead South | Drumcondra Rural | ||
| Killester North | Drumcondra Rural | ||
| Maryville | Howth Rural | ||
| North Bull | Drumcondra Rural | ||
| North Bull | Howth Rural | ||
| Puckstown | Drumcondra Rural | ||
| Raheny, North | Howth Rural | ||
| Raheny, South | Howth Rural | ||
| St. James | Castleknock | ||
| Sibylhill | Drumcondra Rural | ||
| Tolka Park | Glasnevin Rural | ||
| Violet Hill Great | Glasnevin Rural | ||
| Violet Hill Little | Glasnevin Rural |
SOUTH DUBLIN RURAL DISTRICT.
| Annefield | Donnybrook | ||
| Clonskeagh | Donnybrook | ||
| Kimmage (parish of Crumlin) | Terenure | ||
| Larkfield | Terenure | ||
| Newtown Little | Rathfarnham | ||
| Priesthouse | Donnybrook | ||
| Saint Laurence | Palmerston | ||
| Simmonscourt | Donnybrook | ||
| Stannaway | Terenure | ||
| Terenure | Terenure | ||
| Tonguefield | Terenure |
PART II.
Portions of Townlands.
The portion of the Townland of Cabragh in the District Electoral Division of Castleknock and Rural District of North Dublin bounded as follows, that is to say:—
Starting at a point on the boundary between the Townlands of Cabragh and Castleknock in the District Electoral Division of Castleknock at the centre of Blackhorse Lane opposite the turnstile adjoining the licensed premises known as the “Hole in the Wall,” 1,000 yards south-east of the Ashtown Gate of the Phoenix Park, proceeding in a northerly direction along the eastern boundary of the lands attached to St. Vincent's Home to the southern fence of the Cabragh Road, thence across said road and northwards for 150 yards along the eastern boundary of the holding rated in the name of Sarah Donnelly, thence south-easterly along fence for 280 yards, southerly along fence for 40 yards, south-easterly along fence for 500 yards, north-easterly along fence for 120 yards, south-easterly along fence for 90 yards and north-easterly along fence for 230 yards to the avenue leading to the Dominican Convent School, thence easterly for 175 yards to the centre of the public road leading to Pelletstown and meeting the townland boundary of the Townland of Cabragh, in the District Electoral Division of Castleknock, thence south-easterly, south-westerly and north-westerly along said townland boundary to the starting point.
The portion of the Townland of Grangegorman North in the District Electoral Division of Glasnevin Rural and Rural District of North Dublin which is situate without the Existing City.
The portion of the Townland of Killester Demesne in the District Electoral Division of Drumcondra Rural and Rural District of North Dublin which is situate without the Existing City.
The portions of the Townlands of Prospect and Slutsend or West Farm in the District Electoral Division of Glasnevin Rural and Rural District of North Dublin which are situate without the Existing City.
The portion of the Townland of Crumlin in the District Electoral Division of Terenure and Rural District of South Dublin bounded as follows, that is to say:—
Starting at a point on the boundary between the Townland of Crumlin and the Townland of Wilkinstown in the centre of the Drimnagh Road 416 yards from the nearest corner of the licensed premises known as the Halfway House, proceeding thence eastwards for 415 yards along the centre of the Drimnagh Road to a point on the south fence of the Crumlin Road 36 yards north-east of the entrance of the Recreation Ground of the Imperial Tobacco Company, Limited, thence in a south-easterly direction for 120 yards along the fence intersecting the grounds of Prospect House, thence in a north-easterly direction for 63 yards along the fence dividing the Recreation Ground from the grounds of Prospect House, thence in a south-easterly direction for 10 yards and in an easterly direction for 313 yards along the southern boundary of the holding occupied by Anne Murphy to the centre of Windmill Lane, thence along the centre of Windmill Lane to the boundary between the Townlands of Crumlin and Stannaway, thence along the townland boundary of Crumlin in a general direction easterly, northerly, westerly, and southerly to the starting point.
The portion of the Townland of Rathfarnham in the District Electoral Division of Rathfarnham and Rural District of South Dublin bounded as follows, that is to say:—
Starting on the eastern boundary of the Townland of Rathfarnham, 560 yards north of the Townland of Harold's Grange, at the point where the laneway crosses the stream, proceeding along the southern fence of said laneway in a north-westerly direction for 430 yards, thence in a south-westerly direction for 270 yards along the eastern fence of the laneway adjoining the eastern side of Loretto Convent grounds, thence in a south-easterly direction for 40 yards to the southern fence of laneway leading to Grange Road, thence in a westerly direction along southern fence of said laneway for 140 yards, thence westerly along the southern boundaries of the garden occupied by the Superioress of Loretto Abbey and of the premises known as Abbey View Cottage and Washington Lodge to a point in the centre of the Grange Road, thence southerly along the centre of said road for 170 yards, thence westerly in a straight line along the southern boundary of the land occupied by the South Dublin Rural District Council's cottages and plots across the Whitechurch Road and across the holding of Percy Carey to the townland boundary of the Townland of Rathfarnham, thence northerly, easterly, southerly along the said townland boundary to the starting point.
The portion of the Townland of Ringsend in the District Electoral Division of Donnybrook and Rural District of South Dublin which is situate without the Urban District of Pembroke.
That portion of the Townland of Harmonstown in the District Electoral Division of Drumcondra Rural and the Rural District of North Dublin bounded as follows, that is to say:—
Starting at a point on the boundary between the Townlands of Furrypark and Harmonstown, in the District Electoral Division of Drumcondra Rural, where the said boundary intersects the north-western fence of the Great Northern Railway, proceeding in a north-easterly direction along the said fence for a distance of 653 yards to the intersection of the said fence with the boundary between the Townlands of Harmonstown, in the District Electoral Division of Drumcondra Rural, and Glebe, in the District Electoral Division of Howth Rural, thence south-easterly, southerly, south-easterly, south-westerly, westerly, north-westerly, south-westerly and northerly along the boundary of the said Townland of Harmonstown to the starting point.
That portion of the Townland of Glebe in the District Electoral Division of Howth Rural and the Rural District of North Dublin bounded as follows, that is to say:—
Starting at a point on the boundary between the Townland of Harmonstown, in the District Electoral Division of Drumcondra Rural, and the Townland of Glebe, in the District Electoral Division of Howth Rural, where the said boundary intersects the north-western fence of the Great Northern Railway, proceeding in a north-easterly direction along the said fence for a distance of 370 yards to the intersection of the said fence with the boundary between the Townlands of Glebe and Ballyhoy, in the District Electoral Division of Howth Rural, thence south-easterly, southerly, south-westerly, north-westerly, northerly, and north-westerly along the boundary of the said Townland of Glebe to the starting point.
That portion of the Townland of Ballyhoy in the District Electoral Division of Howth Rural and the Rural District of North Dublin bounded as follows, that is to say:—
Starting at a point on the boundary between the Townlands of Glebe and Ballyhoy in the District Electoral Division of Howth Rural where the said boundary intersects the northern fence of the Great Northern Railway, proceeding in a north-easterly direction along the said fence for a distance of 532 yards to the intersection of the said fence with the boundary between the Townlands of Ballyhoy and Raheny South, in the District Electoral Division of Howth Rural, thence south-easterly, south-westerly, northerly, and north-westerly along the boundary of the said Townland of Ballyhoy to the starting point.
That portion of the Townland of Edenmore in the District Electoral Division of Howth Rural and the Rural District of North Dublin bounded as follows, that is to say:—
Starting at a point on the boundary between the Townlands of Edenmore on one side and Ballyhoy and Raheny South on the other side where the said boundary intersects the northern fence of the Great Northern Railway, proceeding in an easterly direction along the said fence for a distance of 225 yards to the intersection of the said fence with the boundary between the Townlands of Edenmore and Raheny North, thence southerly, westerly, and northwesterly along the boundary of the said Townland of Edenmore to the starting point.
That portion of the Townland of Kilbarrack Upper in the District Electoral Division of Howth Rural and the Rural District of North Dublin bounded as follows, that is to say:—
Starting at a point on the boundary between Raheny North and Kilbarrack Upper, in the District Electoral Division of Howth Rural, where the said boundary touches the Townland of Foxlands in the District Electoral Division of Howth Rural, and proceeding in a northerly direction along the said boundary for a distance of 433 yards, and continuing in the same direction for a distance of 158 yards along the western boundary of the Holding now occupied by William Cullen, thence easterly, for a distance of 476 yards and north-easterly for a distance of 483 yards along the northern boundary of the Holding occupied by the said William Cullen to the centre of Kilbarrack Lane, thence along the centre of the said Lane for a distance of 76 yards to the boundary between the said Townland of Kilbarrack Upper and the Urban District of Howth, thence south-easterly, south-westerly, north-westerly along the boundary of the said Townland of Kilbarrack Upper to the starting point.
That portion of the Townland of Kimmage (parish of Rathfarnham) in the District Electoral Division of Terenure and the Rural District of South Dublin bounded as follows, that is to say:—
Starting at a point on the boundary between the Townlands of Terenure and Kimmage (parish of Rathfarnham) in the District Electoral Division of Terenure, at the centre of the road 215 yards south-west of Kimmage Cross Roads, proceeding in a northerly direction along the centre of the laneway which opens to the said road at the said point for a distance of 65 yards, thence in a north-easterly direction along the centre of the said laneway for a further distance of 60 yards to the centre line of the bridge over the Corporation Mill Stream where it joins the Townland boundary of the Townland of Kimmage (parish of Crumlin), thence easterly and north-easterly along the said Townland boundary to the junction of the Townland of Larkfield, thence northerly, southerly and westerly along the Townland boundary of Kimmage (parish of Rathfarnham) to the starting point.
That portion of the Townland of Artaine South in the District Electoral Division of Drumcondra Rural and the Rural District of North Dublin which lies to the South of the road from Donnycarney Bridge to Puckstown.
PART III.
Other Land.
All land lying between the boundary of the Existing City (where that boundary is or coincides with high water mark) and low water mark and also all land which is enclosed between the boundary of the Existing City and high water mark.
All land lying between the boundary of the urban district of Pembroke (where that boundary is or coincides with high water mark) and low water mark and also all land which is enclosed between the boundary of the urban district of Pembroke and high water mark.
All land lying between the boundary of the townlands and parts of townlands mentioned in Parts I and II of this Schedule (where that boundary is or coincides with high water mark) and low water mark and also all land which is enclosed between the boundary of the said townlands and parts of townlands and high water mark.
SECOND SCHEDULE. Proportionate Reductions of Valuations.
| Proportion of the valuation on which hereditament or tenement is to be assessed. | Nature of the hereditament or tenement. |
| ½ | Agricultural land used solely for one or more of the following purposes, that is to say:—as arable, meadow or pasture ground or as woodlands, or market gardens, or nursery grounds. |
| ⅖ | Lands covered with water and used as a canal and any towing path to the same. |
| ⅖ | Lands used as a railway constructed under statutory powers for public convenience. |
| [image omitted] | The hereditaments and tenements Occupied by the Governing Body of the University of Dublin and the Governing Body of Trinity College, Dublin, or either of them. |
| [image omitted] | The hereditaments and tenements occupied by the Governing Body of the National University of Ireland and the Governing Body of University College, Dublin, or either of them. |
| [image omitted] | The premises in St. Stephen's Green and York Street, Dublin, now occupied by the Royal College of Surgeons in Ireland, so long as those premises continue to be occupied for the purposes of that College, and also all other premises which shall hereafter be occupied from time to time for the purposes of the said College in substitution for the said premises in St. Stephen's Green and York Street. |
| [image omitted] | The premises in Kildare Street, Dublin, now occupied by the Royal College of Physicians of Ireland, so long as those premises continue to be occupied for the purposes of that College, and also all other premises which shall hereafter be occupied from time to time for the purposes of the said College in substitution for the said premises in Kildare Street. |
| ⅗ | The premises in Henrietta Street, Dublin, now occupied by the Honorable Society of the King's Inns, Dublin, so long as those premises continue to be occupied for the purposes of that Society, and also all other premises which shall hereafter be occupied from time to time for the purposes of the said Society in substitution for the said premises in Henrietta Street. |
| [image omitted] | The premises in Bow Lane, West James's Street, Dublin, now occupied by St. Patrick's Hospital, so long as those premises continue to be occupied for the purposes of that Hospital, and also all other premises which shall hereafter be occupied for the purposes of the said Hospital in substitution for the said premises in Bow Lane. |
| ⅗ | The premises in Burgh Quay, Dublin, now occupied by the Corn Exchange Buildings Company, so long as those premises continue to be occupied for the purposes of that Company, and also all other premises which shall hereafter be occupied from time to time for the purposes of the said Company in substitution for the said premises in Burgh Quay. |
| [image omitted] | All premises for the time being in the occupation of the Dublin Port and Docks Board. |
| [image omitted] | Every half-rent rateable to the poor-rate under section 63 of the Poor Relief (Ireland) Act, 1838, and the enactments amending the same. |
| [image omitted] | Premises which are not supplied by the City Corporation with water for domestic purposes. |
THIRD SCHEDULE. Enactments Repealed.
| Session and Chapter. | Short title. | Extent of Repeal. |
| 7 & 8 Vic. c. 106. | The County Dublin Grand Jury Act, 1844 | In section 22, the words from “not exceeding one pound” to “depot”; sections 53, 55 and 56; in section 57 the words from “it shall be lawful” to the words “provided always that”; sections 58, 85 and 136. |
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