LOCAL ELECTIONS (AMENDMENT) ACT, 1940

Type Act

Publication 1940-07-10

Last updated 1950-11-22

State Repealed superseded text

Text As published

Source Irish Statute Book

articles 7

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.

1 amending act · 1950-11-22, LOCAL GOVERNMENT (REPEAL OF ENACTMENTS) ACT, 1950

Reform history JSON API

AN ACT TO AMEND THE LOCAL ELECTIONS ACT, 1937, BY EXTENDING FOR ONE YEAR THE PERIOD WITHIN WHICH LOCAL ELECTIONS TO WHICH THAT ACT APPLIES ARE THEREBY REQUIRED TO BE HELD, AND TO MAKE PROVISIONS CONSEQUENTIAL ON OR INCIDENTAL TO SUCH EXTENSION. [10th July, 1940.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 The Principal Act.

1.—In this Act the expression “the Principal Act” means the Local Elections Act, 1937 (No. 14 of 1937).

2 Construction and definitions.

2.—(1) This Act shall be read and construed as one with the Principal Act.

(2) In this Act the expression “the Minister” means the Minister for Local Government and Public Health.

(3) Every body which is a local authority for the purposes of Part II of the Principal Act and also (except in the amendment made by this Act of section 5 of the Principal Act) the council of the county borough of Cork shall be a local authority for the purposes of this Act, and the expression “local authority” shall be construed accordingly in this Act.

3 Amendment of sections 5 and 7 of the Principal Act.

3.—(1) Section 5 of the Principal Act is hereby amended by the deletion of sub-section (1) of that section and the insertion in the said section of the following sub-section in lieu of the sub-section so deleted, that is to say:—

“(1) The Minister shall, before the 30th day of September, 1941, by order appoint in respect of every local authority a day not later than the 30th day of September, 1941, to be the appointed said day for the purposes of this Part of this Act in respect of such local authority.”

(2) Part II of the Principal Act (including section 5 thereof) shall be construed with due regard to the amendment made in the said section 5 by the foregoing sub-section of this section and, for the purpose of giving full effect to that amendment, the date the 30th day of September, 1941, shall be substituted for the date the 30th day of September, 1940, where the latter date is mentioned in sub-section (3) of the said section 5 and in sub-section (2) of section 7 of the Principal Act.

4 Amendment of section 16 of the Principal Act.

4.—(1) Section 16 of the Principal Act is hereby amended by the deletion of sub-section (1) of that section and the insertion in the said section of the following sub-section in lieu of the sub-section so deleted, that is to say:—

“(1) The Minister shall, before the 30th day of September, 1941, by order appoint a day not later than the said 30th day of September, 1941, to be the appointed day for the purposes of this Part of this Act in respect of the Council.”

(2) Part III of the Principal Act (including section 16 thereof) shall be construed with due regard to the amendment made in the said section 16 by the foregoing sub-section of this section.

5 Meetings of local authorities in 1940.

5.—(1) The year 1940 shall, in relation to every local authority to which section 8 or section 9 or section 10 of the Local Elections Act, 1927 (No. 39 of 1927), applies, be and be deemed always to have been a year in which no triennial election to such local authority is to be held.

(2) In order to remove doubts it is hereby declared and enacted that no meeting and nothing done at a meeting of a local authority to which section 8, section 9, or section 10 of the Local Elections Act, 1927 (No. 39 of 1927), applies held before the passing of this Act on a date which would, under whichever of those sections is applicable, have been a proper date for the holding of such meeting if this section had then been in force, shall be invalid or be questioned on the ground that when such meeting was held the year 1940 was a year in which a triennial election to such local authority was required by law to be held.

6 Power to resolve difficulties.

6.—Where any difficulty has arisen or is, in the opinion of the Minister, likely to arise in regard to the holding of any meeting of any local authority or other body by reason of any amendment of the Principal Act made by this Act or by reason of any other provision of this Act, the Minister may by order do any matter or thing which shall appear to him to be necessary (as the case may be) to enable such meeting to be held, or to constitute properly such local authority or other body, or to validate the procedure of such local authority or other body, or otherwise to resolve such difficulty, and may by such order make any necessary adaptations or modifications of any statute, order, or regulation.

7 Short title and collective citation.

7.—(1) This Act may be cited as the Local Elections (Amendment) Act, 1940.

(2) The Principal Act and this Act may be cited together as the Local Elections Acts, 1937 and 1940.

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