LegalizeDefence Forces (Temporary Provisions) Act , 1953
1 Confirmation.
1.—The City of Dublin (Extension of Boundary) Provisional Order, 1953, set out in the Schedule to this Act is hereby confirmed.
2 Short title.
2.—This Act may be cited as the Local Government Provisional Order Confirmation Act, 1953.
SCHEDULE. City of Dublin (Extension of Boundary) Provisional Order, 1953.
WHEREAS in pursuance of section 27 of the Local Government (Dublin) Act, 1930 (No. 27 of 1930) the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin, acting by the Council, did on the Third day of July, 1951, cause to be presented to the Minister for Local Government a petition, making application for a Provisional Order extending the boundary of the City of Dublin so as to include therein the portions of the County of Dublin described in the Schedule hereunto annexed:
AND WHEREAS the said portions of the said County do not form part of the Borough of Dun Laoghaire:
AND WHEREAS the Minister after receiving the said application caused a local inquiry to be held into the subject matter thereof:
AND WHEREAS the Minister has considered any representations that have been made to him by the Council of the County of Dublin:
AND WHEREAS the Minister thinks it proper to give effect to the proposal contained in the said application, with modification, and to make the provisions included in this Order for the matters mentioned in subsection (7) of the said section 27:
NOW THEREFORE, the Minister, in exercise of the powers vested in him by section 27 of the Local Government (Dublin) Act, 1930 (No. 27 of 1930), hereby orders as follows:—
Title.
This Order may be cited as the City of Dublin (Extension of Boundary) Provisional Order, 1953.
Commencement.
This Order shall come into force upon the 1st day of April, 1953, or in the event of the Act confirming this Order not becoming law on or before the said day, on such day as the Minister shall, by order, appoint.
Definitions.
(1) In this Order—
“the Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;
“the County Council” means the Council of the County of Dublin;
“the City” means the County Borough of Dublin;
“the County” means the County of Dublin;
“the Minister” means the Minister for Local Government;
“the added area” means the area described in the Schedule hereunto annexed;
“the existing boundary” means the boundary of the City as existing immediately before the commencement of this Order;
“the commencement of this Order” means the day on which this Order comes into force.
(2) In the Schedule to this Order, a reference to a line drawn along any road or fence shall, save where the context otherwise requires, be construed as a reference to a line drawn along the centre of the road or fence.
Extension of city boundary.
(1) On and after the commencement of this Order the added area shall be detached from the County and from the jurisdiction and powers of the County Council, and shall be added to the City and thenceforward the said area shall be included in and form part of the City for all purposes and the boundary of the City shall be extended accordingly.
(2) Any building through which or through any part of which the boundary of the City as extended by this Order shall pass shall be deemed to be within such boundary.
Preparation of official maps.
(1) As soon as may be after the commencement of this Order the Commissioner of Valuation shall prepare in triplicate a map drawn to such convenient scale and in such convenient number of separate sheets as shall be approved by the Minister showing in suitable manner approved by the Minister the added area and the City, and shall seal each of such maps and shall deposit one of such maps in the principal office of the said Commissioner, the office of the Corporation, and the offices of the County Council respectively.
(2) The said maps when so deposited in the said offices of the said Commissioner, the Corporation and the County Council respectively shall be retained in such offices, and such maps or true copies thereof shall be open for inspection free of charge in such offices by any person at any time at which such offices respectively are open for the transaction of public business, and it shall be lawful for the said Commissioner, the Corporation and the County Council respectively to prepare and supply to any person requesting the same a true copy of the map so deposited with him or them or any particular part thereof and to charge for such copy such sum as the Minister, with the sanction of the Minister for Finance, shall direct.
(3) It shall be the duty of the said Commissioner and of the Corporation and the County Council respectively, whenever required so to do by any Court of Justice, to prepare and produce to such Court a true copy of the map or any specified part of the map deposited with him or them under this section and to verify such copy to such Court by the oath of one of his or their officers, and, upon any such copy being so produced and verified to such Court, such Court shall receive such copy in evidence and thereupon such copy shall be conclusive evidence of the boundary (so far as the same is shown on such copy) of the added area, notwithstanding any discrepancy between such copy and the description contained in the Schedule to this Order or any ambiguity or uncertainty in such description or in the application thereof.
Financial adjustments between County Council and Corporation.
(1) The County Council and the Corporation may, from time to time as occasion requires, make by mutual agreement an equitable adjustment (in this Article referred to as an agreed adjustment) in regard to any matter or thing requiring to be adjusted between the County Council and the Corporation in consequence of the inclusion of the added area in the City and not otherwise provided for by this Order and in particular may make such agreed adjustment in regard to property, whether real or personal (including choses-in-action), vested in or belonging to or held in trust for the County Council and wholly or partly situate in or relating to the added area or any particular portion thereof and in regard to debts and liabilities (including mortgage debts, charges created by statute, accruing and prospective liabilities and unliquidated liabilities arising from torts or breaches of contract) due and unpaid or incurred and undischarged by the County Council and relating wholly or in part to the added area or any particular portion thereof.
(2) An agreed adjustment in relation to property may provide for the retention of such property by the County Council or for the transfer of such property to the Corporation or for the joint user of such property by the County Council and the Corporation and may also provide for the payment of money, in one or more than one instalment, by or to the County Council to or by the Corporation on account of the retention, transfer, or joint user of such property.
(3) An agreed adjustment in relation to any debt or other liability may provide for the whole of such debt or liability being borne by the County Council or for the whole of such debt or liability being borne by the Corporation or (except in the case of mortgage debts) for the apportionment of the liability for such debt or liability between the County Council and the Corporation and may also provide for the payment of money, in one or more than one instalment, to or by the County Council by or to the Corporation in respect of such debt or liability.
(4) Whenever the County Council and the Corporation fail to agree upon an equitable adjustment of any matter or thing which could be the subject of an agreed adjustment under this Article, the Minister shall, upon the request of either the County Council or the Corporation and after holding such (if any) local inquiry as he may think proper, make an equitable adjustment (in this Article referred to as a compulsory adjustment) of such matter or thing and may by such adjustment make any provision in relation to such matter or thing which could under this article have been made by an agreed adjustment.
(5) Every agreed adjustment and every compulsory adjustment shall have effect according to the terms thereof and shall be enforceable by the Corporation and the County Council respectively against the other of them accordingly.
Compensation for increase of burden.
(1) A sum shall be paid by the Corporation to the County Council each year for a period of fifteen years in respect of the average annual increase (if any) of burden which will properly be thrown on the ratepayers of the County in meeting the cost incurred by the County Council in the execution of any of their powers and duties as a consequence of the extension of the boundary of the City by this Order.
(2) The following matters shall be determined by agreement between the Corporation and the County Council:—
(a) the amount of such sum and the period or periods by reference to which the average annual increase of burden shall be calculated;
(b) the method and times of payment of such sum.
(3) If the Corporation and the County Council fail to agree upon the matters specified in the preceding subarticle, the Minister shall, upon the request of either the Corporation or the County Council, fix the amount of such sum and the method and times of payment of such sum.
Resolutions etc., relating to the added area.
Every resolution passed, order made, and notice served by the County Council before the commencement of this Order in relation to the added area or any part thereof or anything done or to be done therein and the operation, effect, or term of which had not ceased or expired before the said commencement shall, on and after the said commencement and so far as it is not inconsistent with this Order, continue in force and have effect in so far as it relates to the added area or any part thereof or anything done or to be done therein as if it were a resolution passed, order made, or notice served by the Corporation on the date on which the same was actually passed, made, or served by the County Council, and as if the added area were on the said date already included in the City.
Jurors books in the city and county.
The following provisions shall have effect in the City and the County in relation to the preparation of jurors books, the preparation of panels of jurors, and the summoning of jurors, and in relation to the panels from which jurors are to be drawn for the trial of issues by a Court or a Judge sitting in the City or the County:—
(a) until the jurors book in force in the City or the jurors book in force in the County (including the added area) on the commencement of this Order becomes exhausted, the law in force immediately before the commencement of this Order shall continue in force and be observed as if this Order had not become operative, and
(b) when and so soon as one of the said jurors books becomes exhausted after the commencement of this Order, the other of the said jurors books shall be deemed to have become exhausted and new jurors books shall forthwith come into force in the City and the County.
Special provision for the purpose of the Valuation Acts.
For the purposes of the Valuation Acts the revised valuation list received by the County Council from the Commissioner of Valuation last before the commencement of this Order shall, in so far as it relates to the added area, be deemed to have been sent to the Corporation.
Contribution for year 1953/54 to vocational education committees.
(1) The rateable value of the area of charge at the commencement of the local financial year 1953/54 shall be the rateable value by reference to which the minimum and maximum amounts of the annual local contribution payable to the City of Dublin Vocational Education Committee and the County Dublin Vocational Education Committee pursuant to section 43 of the Vocational Education Act, 1930 (No. 29 of 1930) in respect of the said local financial year by the Corporation and the County Council respectively shall be calculated.
(2) In this Article—
the expression “area of charge” and the expression “annual local contribution” have the same meaning as in Part IV of the Vocational Education Act, 1930.
Adjustment of agricultural grant.
(1) The portion of the agricultural grant payable to the Corporation under section 50 of the Local Government (Ireland) Act, 1898, shall be £4,610 instead of the sum specified in subsection (6) of section 4 of the Act of 1939.
(2) The sum of £53,871 stated in the second column of the Schedule to the Act of 1939 as being payable to the County Council shall for the purposes of the application of the said Schedule to the agricultural grant be reduced by the sum of £2,250 to £51,621.
(3) In this Article, “the Act of 1939” means the Rates on Agricultural Land (Relief) Act, 1939 (No. 23 of 1939) as amended by the Local Government (Dublin) (Amendment) Act, 1940 (No. 21 of 1940).
Saving from disqualification of members of County Council in certain cases.
A member of the County Council who ceases to be a local government elector in the County in consequence of the inclusion of the added area in the City shall not, by reason only of such cesser, be disqualified from continuing to hold office as a member of the Council until the ordinary day of retirement of the members of the County Council after the election of the members of the County Council held next after the commencement of this Order.
| GIVEN under the Official Seal of the Minister for Local Government this Sixteenth day of February One Thousand Nine Hundred and Fifty-three. | |
|---|---|
| PATRICK SMITH, Minister for Local Government. |
SCHEDULE REFERRED TO IN THE FOREGOING ORDER.
That part of the County situated between the existing boundary and a line drawn as follows:—
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