LegalizeLOCAL GOVERNMENT ACT, 1955
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.
21 amending acts · 2024-10-17, PLANNING AND DEVELOPMENT ACT 2024
- (a) by the substitution in subsection (1) of “the manager for the local authority may, with the consent of the Minister, appear separately at the inquiry and such appearance may be personal or by counsel or solicitor” for “the Minister may, if he so thinks proper, order that the manager for the local authority may appear separately at the inquiry”, and
- (b) by the substitution for subsection (2) of the following subsection:
- “(2) Where the manager for a local authority appears separately at a local inquiry pursuant to subsection (1) of this section, the employment and instruction of the counsel or solicitor appearing at the inquiry on behalf of the local authority shall be a reserved function.”
64 Contribution towards costs and expenses in relation to local inquiry.
64.—Section 91 of the Act of 1946 is hereby amended by the insertion in subsection (1) after “Where a local inquiry has been held under section 83 of the Act of 1941” of “or has been held at the instance of the Minister under any other Act” and by the insertion in that subsection after “in relation to the inquiry” of “(including the costs and expenses reasonably incurred by a manager appearing separately pursuant to subsection (1) of section 90 of this Act)”.
65 Incorporation of commissioners of town which is not an urban district.
65.—The following provisions shall have effect in relation to the commissioners of a town which is not an urban district:—
- (a) the commissioners shall become and be for all purposes a body corporate with perpetual succession by the name of “the _ Town Commissioners” (the name of the town being inserted);
- (b) the commissioners may sue and be sued in their corporate name and may hold and dispose of land for the purposes of their powers and duties;
- (c) the commissioners shall have a common seal which shall be judicially noticed;
- (d) all property which, immediately before the commencement of this section, was vested in or held in trust by any person for the purposes of the commissioners shall, without any conveyance or assignment, become and be vested in the commissioners;
- (e) if at any time an order is made under section 76 of the Act of 1946 changing the name of the town, the name of the commissioners shall, as from the coming into operation of such order, stand changed correspondingly.
66 Revocation of order prohibiting temporary dwellings.
66.—(1) An order made by a sanitary authority under section 31 of the Local Government (Sanitary Services) Act, 1948 (No. 3 of 1948), may be revoked—
- (a) in case it is an order which has come into force pursuant to paragraph (a) of subsection (8) of that section—by order made by the authority with the consent of the Minister or by order made by the Minister after consultation with the authority, and
- (b) in any other case—by order made by the authority with the consent of the Minister.
- (2) The making by a sanitary authority of an order under this section shall be a reserved function.
67 Travelling, etc., expenses.
67.—(1) Section 80 of the Act of 1941 and section 67 of the Act of 1946, and those sections as applied by section 8 of the Public Libraries Act, 1947 (No. 40 of 1947), shall have effect subject to the following amendments:—
- (a) every reference to a person's official residence shall be construed as a reference to his ordinary place of residence,
- (b) subsection (6) of the said section 80 shall be deleted,
- (c) “one mile” shall be substituted in subsection (7) of the said section 67 for “three miles”,
- (d) the following paragraphs shall be added to subsection (7) of the said section 67:
“Where—
(i) a member of the council of a county or of a joint mental hospital board attends a meeting of the council or board at a place less than five miles by any route from his official residence and is obliged by reason of such attendance to remain away from his home for a continuous period of not less than three hours, and
(ii) a resolution by the council or board deciding that this paragraph is to apply in relation to the council or board is for the time being in force,
the council or board shall pay to the member in relation to the meeting an inclusive allowance (not exceeding an amount specified by the prescribed rules) in respect of travelling expenses and subsistence, and such allowance shall, in a case in which, apart from this paragraph, an allowance would be payable under the first paragraph of this subsection, be in lieu of, and not in addition to, that allowance.
A resolution under the second paragraph of this subsection may be revoked at any time by another resolution of the council or board concerned.
The passing of a resolution under the second or third paragraph of this subsection shall be a reserved function.”
- (2) Every member of a body to whom the said sections or the said sections as applied as aforesaid apply shall, immediately after becoming such member, communicate in writing to the body the address at which he ordinarily resides and shall similarly communicate any subsequent change of his address.
68 Alteration of boundaries of certain public assistance districts.
68.—(1) Section 7 of the Public Assistance Act, 1939 (No. 27 of 1939), is hereby amended by the addition of the following subsections:—
“(4) Notwithstanding any other provision of this Act, the Minister may, with the consent of the Minister for Health, by order alter the boundaries of the Dublin Public Assistance District, the Rathdown Public Assistance District or the Balrothery Public Assistance District, and the order shall make such consequential alterations in the boundaries of any adjoining public assistance district as the Minister considers appropriate.
(5) Where the Minister proposes to make an order under subsection (4) of this section—
(a) he shall furnish a statement of his proposals for consideration, during a period specified by the Minister, by the council of the county of Dublin and shall consider any observations which they may make on the statement during that period, and
(b) he shall furnish a statement of his proposals for consideration, during a period specified by the Minister, by the corporation of Dublin and shall consider any observations which they may make on the statement during that period.”
- (2) Where a statement is furnished under subsection (5) of section 7 of the Public Assistance Act, 1939, the making of observations thereon shall be a reserved function.
69 Provision of money for certain public assistance authorities.
69.—Section 53 of the Public Assistance Act, 1939 (No. 27 of 1939), is hereby amended by the insertion after “Where a public assistance district consists of a county borough and a county or part of a county” of “or consists of a part of a county borough and a part of a county”.
FIRST SCHEDULE. Enactments Repealed.
| Session and Chapter or Number and Year | Short title | Extent of Repeal |
| 10 & 11 Vic., c. 16. | Commissioners Clauses Act, 1847. | Section 96. |
| 17 & 18 Vic., c. 103. | Towns Improvement (Ireland) Act, 1854. | Section 94. |
| 18 & 19 Vic., c. 40. | Public Libraries Act (Ireland), 1855. | Section 7. |
| 26 & 27 Vic., c. xiv. | Dungarvan Harbour, Markets and Improvement Act, 1863. | Sections 23 to 31. |
| 41 & 42 Vic., c. 52. | Public Health (Ireland) Act, 1878. | The words “not being more than threepence for each separate entry of death” in section 191; subsection (3) of section 238. |
| 59 & 60 Vic., c. 11. | Housing of the Working Classes (Ireland) Act, 1896. | All words in subsection (1) of section 1 from “and if such town commissioners” to the end of the subsection; subsection (2) of section 1. |
| 61 & 62 Vic., c. 37. | Local Government (Ireland) Act, 1898. | Subsections (7) and (8) of section 51; section 71. |
| Local Government (Application of Enactments) Order, 1898. | Paragraph (xiv) of subarticle (10) of Article 36 of the Schedule. | |
| 2 Edw. VII., c. 38. | Local Government (Ireland) Act, 1902. | Section 4. |
| 8 Edw. VII., c. 38. | Irish Universities Act, 1908. | All words in subsection (2) of section 10 from the words “Any expenses” to the end of the subsection. |
| 9 Edw. VII., c. 37. | Motor Car (International Circulation) Act, 1909. | The whole Act. |
| 11 & 12 Geo. V., c. 67. | Local Authorities (Financial Provisions) Act, 1921. | Section 3. |
| No. 5 of 1925. | Local Government Act, 1925. | Section 29. |
| No. 8 of 1926. | Acquisition of Land (Allotments) Act, 1926. | Subsection (3) of section 2. |
| No. 39 of 1926. | Local Authorities (Officers and Employees) Act, 1926. | The words “and every person so appointed shall hold office until a person is appointed to such office under the provisions (other than this subsection) of this Act” in section 5. |
| No. 27 of 1930. | Local Government (Dublin) Act, 1930. | The words “and for the passing of which not less than two-thirds of the members of the Council shall have voted” in subsection (1) of section 76. |
| No. 50 of 1931. | Housing (Miscellaneous Provisions) Act, 1931. | Subsection (2) of section 43. |
| No. 35 of 1934. | Limerick City Management Act, 1934. | The words “and for the passing of which not less than two-thirds of the members of the Council shall have voted” in subsection (1) of section 34. |
| No. 55 of 1936. | Local Authorities (Miscellaneous Provisions) Act, 1936. | Section 11. |
| No. 25 of 1939. | Waterford City Management Act, 1939. | The words “and for the passing of which not less than two-thirds of the members of the Council shall have voted” in subsection (1) of section 32. |
| No. 5 of 1941. | Cork City Management (Amendment) Act, 1941. | The words “and for the passing of which not less than two-thirds of the members of the Council shall have voted” in subsection (1) of section 23. |
| No. 23 of 1941. | Local Government Act, 1941. | Sections 12, 22, 26 and 30; subsection (6) of section 60; paragraph (c) of section 63; sections 64 and 65. |
| No. 30 of 1945. | Local Authorities (Acceptance of Gifts) Act, 1945. | Section 5. |
| No. 24 of 1946. | Local Government Act, 1946. | Sections 33, 36, 39 and 42. |
| No. 3 of 1948. | Local Government (Sanitary Services) Act, 1948. | Paragraph (g) of subsection (1) of section 43. |
SECOND SCHEDULE. Subsections referred to in Section 24 of this Act.
Part I.
“(5)
(a) Where a declaration is made under this section before the 7th day of July, 1954, the declaration shall have effect in relation only to a holder who by law is entitled to or may be granted a superannuation allowance on his resigning or otherwise ceasing to hold office and subsection (3) of this section shall, with respect to the declaration, be construed accordingly.
(b) Where a declaration is made under this section on or after the 7th day of July, 1954—
(I) the following provisions shall have effect:—
(i) the declaration shall have effect in relation only to—
(A) a holder who by law is entitled to or may be granted a superannuation allowance on his resigning or otherwise ceasing to hold office, and
(B) a holder who, if he continues to hold until he reaches a particular age greater than the specified age contained in the declaration, will then, and only then by law be entitled to or be capable of being granted a superannuation allowance on his resigning or otherwise ceasing to hold office,
(ii) the reference in the declaration to the said specified age shall have effect in the case of a holder specified in clause (B) of the foregoing subparagraph as if it were a reference to the particular age referred to in that clause,
and subsection (3) of this section shall, with respect to the declaration, be construed accordingly,
- (II) the declaration may relate to all the offices in relation to which the declaring Minister is the appropriate Minister or to such of those offices as belong to a specified class, description or grade or to one or more specified such offices notwithstanding any other provision made by or under statute in relation to holding such offices, offices of such class, description or grade or such one or more specified offices (including, in particular, a provision for holding office until death, resignation or removal from office) and in any such case, the declaration and this section shall have effect notwithstanding such other provision.(c) A declaration under this section may be framed either with or without indication of the effect of this subsection.”
Part II.
“(5)
(a) Where a declaration is made under this section before the 7th day of July, 1954, the declaration shall have effect in relation only to a holder who by law is entitled to or may be granted a superannuation allowance on his resigning or otherwise ceasing to hold office and subsection (3) of this section shall, with respect to the declaration, be construed accordingly.
(b) Where a declaration is made under this section on or after the 7th day of July, 1954—
(I) the following provisions shall have effect:—
(i) the declaration shall have effect in relation only to—
(A) a holder who by law is entitled to or may be granted a superannuation allowance on his resigning or otherwise ceasing to hold office, and
(B) a holder who, if he continues to hold until he reaches a particular age greater than the specified age contained in the declaration, will then, and only then by law be entitled to or be capable of being granted a superannuation allowance on his resigning or otherwise ceasing to hold office,
(ii) the reference in the declaration to the said specified age shall have effect in the case of a holder specified in clause (B) of the foregoing subparagraph as if it were a reference to the particular age referred to in that clause,
and subsection (3) of this section shall, with respect to the declaration, be construed accordingly,
- (II) the declaration may relate to all the offices in relation to which the declaring Minister is the appropriate Minister or to such of those offices as belong to a specified class, description or grade or to one or more specified such offices notwithstanding any other provision made by or under statute in relation to holding such offices, offices of such class, description or grade or such one or more specified offices (including, in particular, a provision for holding office until death, resignation or removal from office) and in any such case, the declaration and this section shall have effect notwithstanding such other provision.(c) A declaration under this section may be framed either with or without indication of the effect of this subsection.”
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