Local Government Act , 1946

Type Act
Publication 1946-08-07
State In force
articles 99
Reform history JSON API

(a) a works order which has come into force specifies a period for the carrying out of the works required thereby, and

(b) on the expiration of that period, such works have not been begun, or if begun, have not been completed,

the road authority who made the order may themselves carry out or complete such works.

(9) Where a road authority carry out or complete under subsection (8) of this section works required by a works order, the person to whom the order relates shall pay to the road authority the amount of the expenses reasonably incurred by the road authority in carrying out or completing such works, and the road authority may recover that amount from such person as a simple contract debt in any court of competent jurisdiction.

(10) Any doubt, dispute or question which may arise as to whether any expenses, which have been incurred by a road authority in carrying out or completing under subsection (8) of this section works required by works order, were reasonably so incurred shall be determined by the Minister after consultation with the Minister for Industry and Commerce and such determination shall be final.

71 Undertaking of works jointly with harbour authority.

71.—(1) One or more than one road authority may, with the consent of the Minister, make and carry out an agreement with a harbour authority to undertake jointly with the harbour authority the doing of anything in relation to the harbour of the harbour authority which the harbour authority are for the time being authorised by law to do.

(2) A road authority may pay such proportion of the cost of anything undertaken jointly with a harbour authority in pursuance of an agreement under this section as is specified in the agreement.

(3) A road authority which is the council of a county or the corporation of a county borough, may for the purpose of defraying expenses incurred by them under this section, borrow money under Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898, in like manner as if such purposes were mentioned in that Article, and money so borrowed shall not be reckoned as part of the debt of such authority for the purposes of the said Article.

(4) A road authority which is an urban authority may, for the purposes of defraying expenses incurred by them under this section, borrow money under the Public Health Acts, 1878 to 1931, as if such purposes were purposes for which such authority is authorised to borrow under those Acts, and 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 those Acts.

(5) Money borrowed pursuant to this section may be lent to a road authority 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.

(6) Section 58 of this Act shall apply to the expenses incurred by a road authority under this section as if such expenses were expenses incurred by such road authority under Part IV of this Act.

(7) In this section, the expression “harbour authority” means a harbour authority within the meaning of the Harbours Act, 1946 (No. 9 of 1946).

72 Scales of maximum expenses for elections.

72.—The Minister may prescribe scales of maximum expenses for elections regulated by rules framed under the Local Government (Application of Enactments) Order, 1898, and the amount of any expenses of any such election shall not exceed the amount fixed in respect thereof by whichever of such scales is appropriate.

73 Insurance against risk of damage or loss.

73.—A local authority may insure against any risk of damage to their property or loss to their funds.

74 Duty of rate collector to furnish certain particulars.

74.—It shall be the duty of a collector of rates of a local authority, when so required by the authority, to ascertain and check, and to furnish to the authority, the particulars which the authority require for the preparation of any rate books relating to the area in which he collects rates or for the preparation of any lists which the authority are required by the Valuation Acts to furnish to the Commissioner of Valuation in respect of that area.

75 Band performances.

75.—The council of a county, the corporation of a county borough or an urban authority may provide, or contribute towards the expenses of, a band to give public performances of music within the functional area of such council, corporation or authority.

76 Changing of name of urban district or town.

76.—(1) Subject to this section, the council of an urban district or the commissioners of a town may apply to the Government to make an order under this section changing the name of the urban district or town.

(2) The council of an urban district shall not make an application under this section unless—

(a) four-sevenths of the ratepayers in the urban district have consented to the application being made, and

(b) the council of the county in which the urban district is situate have also consented to the application being made.

(3) The commissioners of a town shall not make an application under this section unless either—

(a) (i) four-sevenths of the ratepayers in the town have consented to the application being made, and

(ii) the council of the county in which the town is situate have also consented to the application being made, or

(b) (i) the commissioners, have by resolution passed before the commencement of this section, purported to change the name of the town, and

(ii) the Minister certifies that such resolution has been adopted by the commissioners and that the new name specified in such resolution has been used for official purposes.

(4) (a) The power conferred by subsection (1) of this section shall be a reserved function.

(b) the giving by the council of a county of consent to the making of an application under this section shall be a reserved function.

(5) The Minister may make regulations prescribing the procedure to be followed in ascertaining for the purposes of this section whether not less than four-sevenths of the ratepayers of an urban district or a town consent to an application being made under this section for an order changing the name of the urban district or town.

(6) The council of a county shall before consenting to an application being made under this section consult the prescribed persons.

(7) (a) Where an application is duly made under this section by the council of an urban district or the commissioners of a town, the Government may by order change the name of the urban district or the town to such other name as they think fit.

(b) An order under this subsection shall come into operation on the 1st day of January next following the expiration of six months from the date of the order.

(8) Every order made under subsection (7) of this section shall be published in such manner and as often as the Minister may direct and shall be notified to the prescribed persons.

(9) Where an order is made under this section changing the name of an urban district from its existing name to a new name, then, as on and from the date on which the order comes into operation every reference in any instrument, document or map to the existing name shall be construed as a reference to the new name.

(10) A change of the name of an urban district or a town made by an order under this section shall not affect any rights or obligations of any authority or person or render defective any legal proceedings, and any legal proceedings may be continued or commenced as if there were no change of name.

77 Changing of name of townland or non-municipal town.

77.—(1) Where a townland or a non-municipal town is situate wholly within one county, the council of that county may, after consultation with the prescribed authorities and with the consent of four-sevenths of the ratepayers in the townland or non-municipal town, apply to the Government to make an order under this section changing the name of the townland or non-municipal town.

(2) Where a townland or a non-municipal town is situate partly in one county and partly in another county, the councils of those counties may, after consultation with the prescribed authorities and with the consent of four-sevenths of the ratepayers in the townland or non-municipal town, jointly apply to the Government to make an order under this section changing the name of the townland or non-municipal town.

(3) The power conferred by subsection (1) or subsection (2) of this section shall be a reserved function.

(4) (a) Where a non-municipal town is wholly situate in a particular county, the secretary of the council of the county shall, if and when so directed by the council, prepare and submit to the council a list of the ratepayers in the non-municipal town 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 non-municipal town.

(b) Where part only of a non-municipal town is situate in a particular county, the secretary of the council of the county shall, if and when so directed by the council, prepare and submit to the council a list of the ratepayers in the part of the municipal town which is situate in the county, 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.

(5) The Minister may make regulations prescribing the procedure to be followed in ascertaining for the purposes of this section whether not less than four-sevenths of the ratepayers in a townland or non-municipal town consent to an application being made under this section for an order changing the name of the townland or the non-municipal town.

(6) (a) Where an application, in relation to any townland or non-municipal town, is duly made under this section, the Government may by order change the name of the townland or non-municipal town to such other name as they think fit.

(b) An order under this subsection shall come into operation on the 1st day of January next following the expiration of six months from the date of the order.

(7) Every order made under subsection (6) of this section shall be published in such manner and as often as the Minister may direct and shall be notified to the prescribed persons.

(8) Where an order is made under this section changing the name of a townland or non-municipal town from its existing name to a new name, then, as on and from the date on which the order comes into operation, every reference in any instrument, document or map to the existing name shall be construed as a reference to the new name.

(9) A change of the name of a townland or a non-municipal town made by an order under this section shall not affect any rights or obligations of any authority or person or render defective any legal proceedings and any legal proceedings may be continued or commenced as if there were no change of name.

(10) In this section the expression “non-municipal town” means an area (not being a county borough, borough, urban district or town in which the Towns Improvement (Ireland) Act, 1854, is in operation) which is designated a town in the report of the census of population which is for the time being the latest census of population.

78 Changing of name of street.

78.—(1) The appropriate authority may, with the consent of not less than four-sevenths of the ratepayers in a street, change the name of the street.

(2) The power conferred by subsection (1) of this section shall be a reserved function.

(3) The Minister may make regulations prescribing the procedure to be followed by the appropriate authority in ascertaining for the purposes of this section whether not less than four-sevenths of the ratepayers in a street consent to the name of the street being changed.

(4) The appropriate authority may cause the name of a street to be displayed on a conspicuous part of any convenient building or other erection.

(5) 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 “the appropriate authority” means—

(a) as respects a street in a county or other borough, the corporation of the borough,

(b) as respects a street in an urban district, the council of the urban district,

(c) as respects a street in a town, the commissioners of the town, and

(d) as respects any other street, the council of the county in which the street is situate.

79 Changing of name of locality.

79.—(1) The appropriate authority may, with the consent of not less than four-sevenths of the ratepayers in a locality, change the name of the locality.

(2) The power conferred by subsection (1) of this section shall be a reserved function.

(3) The proper officer of a body, which is in relation to a particular locality the appropriate authority, shall, if and when so directed by the said body, prepare and submit to the said body a list of the ratepayers in the said locality, and such list when adopted, with or without alteration, by the said body shall, for the purposes of this section, be the list of ratepayers in the said locality.

(4) The Minister may make regulations prescribing the procedure to be followed by the appropriate authority in ascertaining whether not less than four-sevenths of the ratepayers in a locality consent to the name of the locality being changed.

(5) In this section—

the word “locality” means any area (not being a street within the meaning of section 78 of this Act) which is—

(a) a portion of a county or other borough, urban district or town for which a separate name is in common use, or

(b) a portion (other than an urban area, a town, a townland or a non-municipal town, within the meaning of section 77 of this Act) of a county for which a separate name is in common use;

the expression.“the appropriate authority” means—

(a) as respects a locality in a county or other borough, the corporation of the borough,

(b) as respects a locality in an urban district, the council of the urban district,

(c) as respects a locality in a town, the commissioners of the town,

(d) as respects a locality in a county, the council of the county;

the expression “the proper officer” means—

(a) as respects the corporation of a county or other borough, the town clerk of the borough,

(b) as respects the council of an urban district, the clerk of the council,

(c) as respects the commissioners of a town, the clerk of the commissioners,

(d) as respects the council of a county, the secretary of the council.

80 Investment by local authority for the purposes of loan or sinking fund.

80.—A local authority may invest any money for the purposes of a loan or sinking fund in any of the stocks, funds, shares or securities in which trustees are, by any Act for the time being in force, authorised to invest, except stocks, funds, shares or securities created by such authority themselves or real or heritable securities.

81 Investment for permanent benefit of inhabitants of functional area of local authority.

81.—(1) Where—

(a) pursuant to any statutory or other enactment or the award of any arbitrator, a sum is received by a local authority in relation to the termination of any periodical payment previously made to them, and

(b) the Minister is satisfied that the sum should be treated as capital moneys,

the Minister may direct the local authority to invest the sum for the permanent benefit of the inhabitants of their functional area.

(2) A sum to which a direction given under this section to a local authority relates shall be kept invested by such authority in any of the stocks, funds, shares or securities in which trustees are, by any Act for the time being in force, authorised to invest, except stocks, funds, shares or securities created by such authority themselves or real or heritable securities.

82 Acquisition of land.

82.—(1) A local authority may, with the consent of and subject to any conditions imposed by the Minister, acquire by agreement, whether by way of purchase, lease or exchange, any land, whether situate within or outside their functional area, which in their opinion they will require in the future for the purposes of their powers and duties notwithstanding that they have not determined the manner in which or the purpose for which they will use the land.

(2) A local authority may use land acquired by them under subsection (1) of this section for any purpose connected with their powers and duties.

(3) A local authority may let land acquired by them under subsection (1) of this section pending its being required for use by them, and, if they become of opinion that they will not require the land, they may sell it with the consent of the Minister.

(4) Subject to subsection (5) of this section, a power conferred on a local authority by any Act, whether passed before or after this Act, to acquire land for a particular purpose shall be deemed to include a power to acquire land which the local authority do not require immediately for that purpose but which in their opinion they will require for that purpose in the future.

(5) Subsection (4) of this section shall not apply to the power to acquire land conferred by section 8 of the Unemployment (Relief Works) Act, 1940 (No. 34 of 1940).

83 Disposal of land not required.

83.—(1) The following provisions shall have effect in relation to any proposed disposal (not being by demise for a term not exceeding one year) of land which is held by a local authority and which is not required for the purposes of their powers and duties :—

(a) notices shall be sent by post on the same day to the members of the local authority giving particulars of—

(i) the land,

(ii) the name of the person from whom such land was acquired if the same can be ascertained by reasonable inquiries,

(iii) the person to whom the land is to be disposed of,

(iv) the consideration proposed in respect of the disposal,

(v) any covenants, conditions or agreements to have effect in connection with the disposal,

(b) at the first meeting of the local authority held after the expiration of ten clear days from the day on which such notices are sent, the local authority may resolve that the disposal shall not be carried out or that it shall be carried out in accordance with terms specified in the resolution,

(c) if the local authority do not pass a resolution pursuant to paragraph (b) of this subsection, the disposal may, with the consent of the Minister, be carried out,

(d) if the local authority resolve pursuant to paragraph (b) of this subsection that the disposal shall be carried out in accordance with terms specified in the resolution, the disposal may, with the consent of the Minister, be carried out in accordance with those terms,

(e) if the local authority resolve pursuant to paragraph (b) of this subsection that the disposal shall not be carried out, it shall not be carried out,

(f) the disposal shall not be carried out save pursuant to paragraphs (c) or (d) of this subsection.

(2) In this section the word “land” does not include land the disposition of which under the Municipal Corporations (Ireland) Acts, 1840 to 1888 (otherwise than by demise for a term not exceeding one year) is a reserved function.

84 Powers of road authorities in relation to land severed as the result of road operations and in relation to roads no longer required for public use.

84.—(1) A road authority may, with the consent of the Minister, acquire by agreement or compulsorily—

(a) any land which has or will become severed by operations of the road authority under section 24 of the Local Government Act, 1925 (No. 5 of 1925), and which, because of its shape or size, could not be used economically or has become or is likely to become derelict, or

(b) any land which forms the site of a road or any part of a road which in the opinion of the road authority is no longer required for the public use,

as if such land were required by such road authority for the construction of a road.

(2) Where a road authority—

(a) has acquired any land under subsection (1) of this section, or

(b) owns any land which has or will become severed by operations of the road authority under section 24 of the Local Government Act, 1925, and which, because of its shape or size could not be used economically or has become or is likely to become derelict, or

(c) owns any land forming the site of a road or part of a road in respect of which the powers conferred by sub-paragraph (i) of paragraph (a) of subsection (4) of this section have been exercised,

the road authority may, after compliance with the provisions of this Act relating to the disposal of land not required, sell or transfer gratuitously such land (in this subsection referred to as the road authority's land) or any part thereof to any person, who is the owner of any land which adjoins, and is situate on the same side of the road as, the road authority's land, for the purpose of providing that person with alternative means of access to the road or for the purpose of enabling the road authority's land to be used economically or for the purpose of preventing the road authority's land becoming derelict.

(3) Where a road authority sell or transfer any land to a person under subsection (2) of this section, they may make the sale or transfer subject to such conditions (including conditions requiring that person to fence such land in with other lands and to permit it to be occupied with other lands) as the road authority think fit.

(4) (a) Where a road authority own any land forming the site of a road or part of a road which in their opinion is no longer required for use by the public—

(i) the road authority may, with the consent of the Minister, extinguish the right of way of the public over such road or such part, and

(ii) the road authority may by agreement with any person, who has a right of entry to adjoining private property through such road or such part, extinguish such right.

(b) The exercise of the powers conferred by subparagraph (i) of paragraph (a) of this subsection shall be a reserved function.

85 Borrowing by urban authorities for purpose of construction and maintenance of roads.

85.—(1) An urban authority may borrow for the purpose of defraying any expenses incurred by them in the construction and maintenance of roads in the same manner in which a sanitary authority may borrow for the purposes of defraying expenses under the Public Health Acts, 1878 to 1931.

(2) The provisions of the Public Health Acts, 1878 to 1931, in relation to borrowing by a sanitary authority shall, with the necessary modifications, apply in relation to any borrowing under this section by an urban authority.

(3) Money borrowed under this section may be lent to an urban authority 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.

86 Borrowing by council of county as public assistance authority.

86.—A sum borrowed by the council of a county as a public assistance authority shall not be reckoned as part of the debt of the council for the purposes of Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898.

87 Issue of stock.

87.—(1) Where any council of a county, corporation of a county borough or urban authority have for the time being any power to borrow money, they may, with the consent of the Minister, exercise such power by the creation of stock to be created, issued, transferred, dealt with, redeemed and extinguished in such manner, on such terms and in accordance with such provisions as may be prescribed.

(2) Without prejudice to the generality of subsection (1) of this section, regulations made for the purposes of this section may make provision in respect of any of the following matters:—

(a) the discharge of any loan raised by the stock issued in accordance with the regulations,

(b) in the case of consolidation of debt, for extending or varying the times within which loans may be discharged,

(c) consent of limited owners,

(d) the application of the Acts relating to stamp duties and to cheques,

(e) disposal of unclaimed dividends.

(3) Before making regulations for the purposes of this section, the Minister shall consult the Minister for Finance in relation to such regulations.

(4) Every regulation made for the purposes of this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution annulling the regulation is passed by either such House within the next subsequent thirty days on which the House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(5) If no such resolution as is mentioned in subsection (4) of this section is passed in relation to any regulation made for the purposes of this section, the regulation shall be deemed to have been duly made and to be within the powers of this Act and shall be of the same force as if enacted in this Act.

(6) Every regulation which was made under section 52 (repealed by this Act) of the Public Health Acts Amendment Act, 1890, or Article 23 (also repealed by this Act) of the Schedule to the Local Government (Application of Enactments) Order, 1898, and which was in force immediately before the commencement of this section shall continue in force and shall be capable of being amended or revoked as if it were made under this Act for the purposes of this section.

88 Construction of references, in Local Government Acts, 1925 to 1941, to holding a local inquiry.

88.—For the purpose of removing doubts it is hereby declared that any reference, in the Local Government Acts, 1925 to 1941, to holding a local inquiry shall be construed as meaning and as having always meant causing a local inquiry to be held by an inspector of the Minister.

89 Temporary appointment of specially qualified inspector to hold local inquiry.

89.—(1) Where the Minister proposes to cause a local inquiry to be held under section 83 of the Act of 1941 and is of opinion that the inspector to be appointed to hold the inquiry should possess special professional or technical qualifications, the Minister may, with the consent of the Minister for Finance, appoint a person possessing such qualifications to be an inspector for the purpose of holding the inquiry and submitting his report thereon.

(2) The Minister may pay to a person appointed under this section such remuneration as the Minister, with the consent of the Minister for Finance, determines.

(3) A person appointed under this section shall hold office for such period not exceeding thirty days as the Minister determines.

(4) Section 4 of the Civil Service Regulation Act, 1924 (No. 5 of 1924), shall not apply in relation to an appointment under this section.

90 Separate appearance at local inquiry by manager.

90.—(1) Where a local inquiry to be held under section 83 of the Act of 1941 is concerned with the whole or part of the functions of a local authority, the Minister may, if he so thinks fit, order that the manager for the local authority may appear separately at the inquiry.

(2) Where an order is made under subsection (1) of this section in relation to a local inquiry concerned with the whole or part of the functions of a local authority—

(a) the manager for the local authority may appear at the inquiry personally or by counsel or solicitor,

(b) where the manager appears at the inquiry by counsel or solicitor, the reasonable cost of the appearance (subject to such, if any, limit as the Minister may think proper to impose) shall be paid by the local authority,

(c) the employment and instruction of the counsel or solicitor appearing at the inquiry on behalf of the local authority shall be a reserved function.

(3) In this section, the expression “the manager” means—

(a) as respects the corporation of a county borough—the manager for the purposes of the Acts relating to the management of the borough, and

(b) as respects any other local authority—the manager for the local authority for the purposes of the County Management Acts, 1940 and 1942.

91 Contribution towards costs and expenses in relation to local inquiry.

91.—(1) Where a local inquiry has been held under section 83 of the Act of 1941 and the Minister considers it reasonable that a contribution shall be made towards the costs and expenses reasonably incurred by any person (other than a local authority or other body) in relation to the inquiry, the Minister may certify that the contribution shall be made and the certificate shall specify the amount of the contribution and direct its payment to such person—

(a) where one local authority or other body (and no more) is concerned in the inquiry, by such local authority or other body, and

(b) where more than one local authority or other body are concerned in the inquiry, by one of them or by all or any of them in specified proportions.

(2) A sum directed under this section to be paid by a local authority or other body to any person may be recovered by such person from such local authority or other body as a simple contract debt in any court of competent jurisdiction.

92 Application of section 83 of Act of 1941.

92.—For every application of Article 32 (repealed by the Act of 1941) of the Local Government (Application of Enactments) Order, 1898, by an enactment in force at the commencement of section 83 of the Act of 1941 to any inquiries to be ordered or caused to be held by the Minister, there shall be substituted an application of the said section 83 to such inquiries.

93 Notice by inspector or auditor requiring attendance of witness.

93.—Section 86 of the Act of 1941 is hereby amended as follows:

(i) in paragraph (f) of subsection (3) the words “the immediately preceding subsection of this section” shall be substituted for the words “this subsection” where the latter words occur immediately before the words “who refuses”,

(ii) the following paragraph shall be added at the end of subsection (3):

“(g) a notice under the immediately preceding subsection of this section may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to such person at the address at which he ordinarily resides.”.

94 Jurisdiction of District Court in proceedings under section 71 of Act of 1941.

94.—Paragraph A of section 77 of the Courts of Justice Act, 1924 (No. 10 of 1924), as amended by section 52 of the Courts of Justice Act, 1936 (No. 48 of 1936), is hereby further amended by the insertion at the end of the said paragraph of a new clause as follows, that is to say:

“(vi) jurisdiction, without any limit as to the amount of the claim, in proceedings at the suit of an auditor or other person under subsection (3) of section 71 of the Local Government Act, 1941 (No. 23 of 1941).”.

95 Amendment of section 2 of Local Authorities (Officers and Employees) Act, 1926.

95.—(1) Any office to which this section applies shall be deemed, for the purposes of section 2 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), not to be a chief executive office under a local authority.

(2) This section applies to—

(a) the office of clerk to a local pension committee under section 8 of the Old Age Pensions Act, 1908;

(b) the office of clerk of the commissioners of a town which is not an urban district.

96 Amendment of subsection (1) of section 3 of Local Government (Collection of Rates) Act, 1924.

96.—Subsection (1) of section 3 of the Local Government (Collection of Rates) Act, 1924 (No. 11 of 1924), is hereby amended by the deletion of the words “pursuant to his bond”.

97 Amendment of section 34 of Local Government Act, 1925.

97.—Section 34 of the Local Government Act, 1925 (No. 5 of 1925), is hereby amended by the deletion of subsections (8) and (9) and the substitution therefor of the following subsections:

“(8) Nothing in this section shall—

(a) authorise the county surveyor or urban district council to trim or cut a tree during any period beginning on a 1st day of April and ending on the next following 30th day of September, or

(b) authorise a person to be requested or ordered to trim or cut a tree during any such period,

unless failure to trim or cut the tree during that period would, in the opinion of the county surveyor or urban district council, involve serious risk of accident.

(9) Where the time limited by a request or order under this section for trimming or cutting a tree expires during any period beginning on a 1st day of April and ending on the next following 30th day of September, such time shall be deemed to be extended to the next following 7th day of October.”

98 Amendment of section 39 of the Act of 1941.

98.—Section 39 of the Act of 1941 is hereby amended by the deletion of the words “in like manner as they apply in respect of a municipal election”.

99 Application of section 80 of the Act of 1941.

99.—For every reference to section 63 (repealed by the Act of 1941) of the Local Government Act, 1925 (No. 5 of 1925), in an enactment relating to meetings of local authorities and in force at the commencement of section 80 of the Act of 1941, there shall be substituted a reference to the said section 80.

FIRST SCHEDULE. Enactments Repealed.

Session and Chapter or No. and Year Short Title Extent of Repeal
53 Geo. III, c. 77. Bridges (Ireland) Act, 1813. The whole Act.
4 & 5 Will. IV, c. 61. Bridges (Ireland) Act, 1834. The whole Act.
6 & 7 Will. IV, c. 116. Grand Jury (Ireland) Act, 1836 (as adapted by the Local Government (Adaptation of Irish Enactments) Order, 1899). Section 43 from the words “no person” to the end of the section; sections 57, 83, 85, 121, 155 and 167.
3 & 4 Vic., c. 108. Municipal Corporations (Ireland) Act, 1840. Sections 130, 131, 133 and 134.
6 & 7 Vic., c. 42. Bridges (Ireland) Act, 1843. The whole Act.
7 & 8 Vic., c. 106. County Dublin Grand Jury Act, 1844 (as adapted by the Local Government (Adaptation of Irish Enactments) Order, 1899). Sections 54 and 114.
10 & 11 Vic., c. 34. Towns Improvement Clauses Act, 1847. Sections 167 to 184.
14 & 15 Vic., c 21. Bridges (Ireland) Act, 1851. The whole Act.
17 & 18 Vic., c 103. Towns Improvement (Ireland) Act, 1854. Sections 60 to 65; the words “rate nor any” in section 96.
18 & 19 Vic., c. 40. Public Libraries Act (Ireland), 1855. All words in section 5 from the words “The expenses incurred” to the words “defraying such expenses, and”; sections 8 and 11.
30 & 31 Vic., c. 50. Bridges (Ireland) Act, 1867. The whole Act.
31 & 32 Vic., c. xxxiii. Cork Improvement Act, 1868. The words “and from time to time for good and sufficient reason may alter the name of any street or court, and” in section 139.
34 & 35 Vic., c. 109. Local Government (Ireland) Act, 1871. Sections 11, 13, 14, 15, 16, 17 and 29.
35 & 36 Vic., c. 69. Local Government Board (Ireland) Act, 1872. Section 6.
38 & 39 Vic., c. 46. Bridges (Ireland) Act, 1875. The whole Act.
41 & 42 Vic., c. 52. Public Health (Ireland) Act, 1878. Section 248.
52 & 53 Vic., c. 32. Trust Investment Act, 1889. Section 7.
53 & 54 Vic., c. 59. Public Health Acts Amendment Act, 1890. Section 52
53 & 54 Vic., c. 70. Housing of the Working Classes Act, 1890. Section 85
53 & 54 Vic., c. ccxlvi. Dublin Corporation Act, 1890. The words “and may at the instance and with the consent of the majority in number and value of the ratepayers in any street alter the name of such street or of any part of a street” in section 42.
57 & 58 Vic., c. 38. Public Libraries (Ireland) Act, 1894. The words “and the limitation of the maximum rate to be levied for the purposes thereof may, within the limits fixed thereby, be fixed, raised, and removed” in subsection (1) of section 1.
59 & 60 Vic., c. cxxv. Waterford Corporation Act, 1896. Section 68 from the words “and may” to the end of the section.
61 & 62 Vic., c. 37. Local Government (Ireland) Act, 1898. Subsection (9) of section 15; sections 28, 45, 46, 47, 53, 56, 57; paragraph (c) of subsection (2) of section 63; section 64; subsection (16) of section 94.
Local Government (Application of Enactments) Order, 1898. The following portions of the Schedule: sub-article (1) of Article 6, Articles 14 and 18, sub-articles (1) and (2) of Article 19, sub-article (10) of Article 22, Article 23, sub articles (3), (4) and (5) of Article 35, paragraph (XII) of sub-article (10) of Article 36.
1 Edw. VII, c. 28. Local Government (Ireland) Act, 1901. Sections 2 and 4.
2 Edw. VII, c. 20. Public Libraries (Ireland) Act, 1902. Sections 2, 3 and 4.
2 Edw. VII, c. 38. Local Government (Ireland) Act, 1902. The words “subsection (9) of” in section 2; section 17; the words “and every such application shall, for the purposes of section thirteen of the said Act, be deemed to be a notice of appeal” in section 19; the words “and thirteen” in subsection (2) of section 20; section 23.
6 Edw. VII, c. 31. Local Government (Ireland) Act (1898) Amendment Act, 1906. The whole Act.
7 Edw. VII, c. 53. Public Health Acts Amendment Act, 1907. Section 21.
1 & 2 Geo. V, c. 9. Public Libraries (Art Galleries in County Boroughs) (Ireland) Act, 1911. Subsection (2) of section 2.
9 & 10 Geo. V, c. 19. Local Government (Ireland) Act, 1919. Subsection (4) of section 1.
10 & 11 Geo V, c. 25. Public Libraries (Ireland) Act, 1920. The whole Act.
No. 5 of 1925 Local Government Act, 1925. Section 31; paragraphs (b), (c) and (d) of subsection (1), subsection (2), paragraphs (b) and (c) of subsection (4) and subsections (5) (6) and (7) of section 36.
No. 32 of 1925. Fisheries Act, 1925. Subsection (4) of section 15.
No. 3 of 1927. Local Government Act, 1927. Section 6.
No. 29 of 1930. Vocational Education Act, 1930. Subsection (2) of section 58.
No. 8. of 1931. Agriculture Act, 1931. Subsection (2) of section 31.
No. 11 of 1933. Road Traffic Act, 1933. Subsection (3) of section 48; subsections (3), (4) and (5) of section 147.
No. 22 of 1934. Town and Regional Planning Act, 1934. Subsection (2) of section 19.
No. 44 of 1935. Cork Fever Hospital Act, 1935. Subsection (4) of section 39.
No. 21 of 1936. Dublin Fever Hospital Act, 1936. Subsection (4) of section 33.
No. 55 of 1936. Local Authorities (Miscellaneous Provisions) Act, 1936. Section 7.
No. 23 of 1939. Rates on Agricultural Land (Relief) Act, 1939. Section 11; the words “and for the purpose of the calculation of the additional allowance to be made to such person by the council of the urban district in which the urban portion is situate” in paragraph (a) and paragraph (b) of section 12; paragraph (c) of section 12; sections 16 and 19; the words “and to the councils of urban districts” in subsection (1) of section 20; the words “or of an urban district” in subsection (3) of section 20; the words “or an urban district” in subsection (4) of section 20.
No. 27 of 1939. Public Assistance Act, 1939. Section 60.
No. 23 of 1941. Local Government Act, 1941. Section 32.
No. 19 of 1945. Mental Treatment Act, 1945. Section 49.

SECOND SCHEDULE. Proportionate Reductions of Valuation.

PART I.

Proportion of the valuation on which the hereditament is to be assessed Nature of the hereditament
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.
Lands covered with water and used as a canal and any towing path to the same.
Lands used as a railway constructed under statutory powers for public conveyance.
Half-rents rateable to the poor rate under section 63 of the Poor Relief (Ireland) Act, 1838, and the enactments amending the same.

PART II.

Proportion of the valuation on which the hereditament is to be assessed Nature of the hereditament
3/5 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.
3/5 Lands covered with water and used as a canal and any towing path to the same.
3/5 Lands used as a railway constructed under statutory powers for public conveyance.
Half-rents rateable to the poor rate under section 63 of the Poor Relief (Ireland) Act, 1838, and the enactments amending the same.

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