LOCAL GOVERNMENT PROVISIONAL ORDER CONFIRMATION ACT, 1966

AN ACT TO CONFIRM THE COUNTY BOROUGH OF WATERFORD (EXTENSION OF BOUNDARY) PROVISIONAL ORDER, 1966. [23rd March, 1966.]

WHEREAS the County Borough of Waterford (Extension of Boundary) Provisional Order, 1966 set out in the Schedule to this Act has been duly made by the Minister for Local Government under the Waterford City Management Act, 1939 (No. 25 of 1939), but will not have effect until confirmed by the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Confirmation.

1.—The County Borough of Waterford (Extension of Boundary) Provisional Order, 1966, 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, 1966.

SCHEDULE. County Borough of Waterford (Extension of Boundary) Provisional Order, 1966.

The Minister for Local Government in exercise of the powers vested in him by section 36 of the Waterford City Management Act, 1939 (No. 25 of 1939) and section 5 of the Rates on Agricultural Land (Relief) Act, 1939 (No. 23 of 1939), hereby orders as follows:—

Title.

Commencement.

Definitions.

“the Corporation” means the Mayor, Aldermen and Burgesses of Waterford;

“the County Council” means the Council of the County of Waterford;

“the City” means the County Borough of Waterford;

“the County” means the County of Waterford;

“the Minister” means the Minister for Local Government;

“the added area” means the area described in the First Schedule to this Order;

“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 First Schedule to this Order a reference to a line drawn along any fence or road shall be construed as a reference to a line drawn along the centre line of the fence or road.

Extension of City boundary.

• (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.

• (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 of 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 article 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.

• (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) An agreed adjustment may provide for the payment by the Corporation to the County Council in one or more than one instalment or by way of annuity of a sum in respect of the 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, but in the fixing of the amount of any such sum and the method of payment thereof the following provisions shall be observed:—

• (a) regard shall be had to the difference between the burden on the ratepayers of the County which will properly be incurred by the County Council in meeting the cost of executing any of their powers and duties and the burden on such ratepayers which would properly have been incurred if the boundary of the City had not been extended by this Order;

• (b) regard shall also be had to the length of time during which such increase of burden may be expected to continue;

• (c) if such sum is made payable in one instalment the amount thereof shall not exceed ten times the average annual amount of such increase of burden;

• (d) if such sum is made payable in two or more than two instalments or by way of annuity, the capitalised value of such instalments or annuity shall not exceed ten times the average annual amount of such increase of burden.

• (5) Whenever the County Council and the Corporation fail to agree upon an equitable adjustment of any matter or thing which would be the subject of an agreed adjustment under this article, the Minister shall, upon the request of either the County Council or the Corporation, 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.

• (6) Every agreed adjustment and every compulsory adjustment shall have effect according to the terms thereof and shall be final and conclusive and shall be enforced by the Corporation and the County Council respectively against the other of them accordingly.

Resolutions, etc., relating to the added area.

Special provision for the purposes of the Valuation Acts.

Adjustment of agricultural grant.

• (2) The sum stated in the second column of the Schedule to the Rates on Agricultural Land (Relief) Act, 1939 (No. 23 of 1939) (as reduced by order of the Minister for Local Government and Public Health dated the 8th day of March, 1946 and by order of the Minister for Local Government dated 31st day of January, 1955) 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 £176 to £52,558.

Saving from disqualification.

Provisions relating to the register of electors.

Employment Regulation Orders and Hours of Trading Orders.

Limitations on Municipal rate.

• (2) In this article—

the expression “agricultural land” means lands occupied as arable, meadow or pasture grounds only or as woodlands or market gardens or nursery grounds or allotments and lands which are covered with water and used as a canal or any towing path to the same;

the expression “the assessable valuation of the hereditament” means the valuation under the Valuation Acts of the hereditament as reduced in accordance with section 27 of the Waterford City Management Act, 1939 (No. 25 of 1939) for the purpose of the assessment and levying of the municipal rate on such hereditament;

the expression “the buildings valuation” means the valuation of a hereditament which is a building, burial ground or land which is not agricultural land or that portion of the valuation of a hereditament which is shown in the column headed “buildings” in the valuation list;

the expression “the standard valuation” means in relation to a hereditament to which this article applies the buildings valuation of such hereditament appearing in the revised valuation list received by the County Council from the Commissioner of Valuation for the local financial year 1965-66;

the word “valuation” means the valuation under the Valuation Acts.

• (3) Where the valuation of a hereditament consists of a buildings valuation and a valuation in respect of agricultural land, this article shall apply to such hereditament as if it were two separate hereditaments.

• (4) For the purpose of the assessment and levying of the municipal rate on a hereditament to which this article applies which is included in a class mentioned in the first column of the Second Schedule to this Order, the following provisions shall apply in each of the first five local financial years during which this Order is in force:—

• (a) where the buildings valuation of the hereditament is the same as or less than the standard valuation, the buildings valuation shall be reduced to the proportion, specified in the appropriate column of the said Schedule for the particular year in respect of such class, of the valuation on which the municipal rate would otherwise be assessed;

• (b) where the buildings valuation of the hereditament is greater than the standard valuation the amount of the buildings valuation which is equal to the standard valuation shall be reduced to the proportion specified in the appropriate column of the said Schedule for the particular year in respect of such class, of the said amount of the buildings valuation on which the municipal rate would otherwise be assessed.

• (5) For the purpose of the assessment and levying of the municipal rate on a hereditament in the added area which is agricultural land the assessable valuation of the hereditament shall in each of the first five local financial years during which this Order is in force, be reduced to the proportion specified for the particular year in the appropriate column of the Second Schedule to this Order.

• (6) Nothing in this article shall apply to or operate to reduce the annual value with reference to which the tax in respect of any hereditament under Schedules A and B of the Income Tax Act, 1918, is to be ascertained.

FIRST SCHEDULE.

That part of the County situated between the existing boundary and a line drawn as follows:—

Starting at the junction of the existing boundary with the northern boundary of Logloss townland, thence commencing in a westerly direction and proceeding along the boundary of the said townland to its junction with the northern boundary of Rathfadden townland; thence, commencing in a south-westerly direction and proceeding along the boundary of the last-mentioned townland to its junction with the northern boundary of Cleaboy townland; thence, commencing in a south-westerly direction and proceeding, along the boundary of the last-mentioned townland to its junction with the northern boundary of Ticor townland; thence, in a southerly direction along the last-mentioned boundary to its junction with the eastern boundary of Skibbereen townland; thence, commencing in a southerly direction and proceeding along the boundary of the last-mentioned townland to its junction with the fence which forms the western boundary of the 8.122 and 7.552 acres fields on the 1950 Revision of 1/2500 Ordnance Survey Map 9.XV, Co. Waterford and the field comprising areas 1.274 and 4.979 acres respectively, on the said map and on the 1950 Revision of 1/2500 Ordnance Survey Map 17.III Co. Waterford; thence, in a south-easterly direction along the last-mentioned boundary fence and along its imaginary south-easterly projection to its intersection by the boundary of Ballynaneashagh townland which point is marked by a concrete pillar; thence, commencing in an easterly direction and proceeding along the last-mentioned boundary to its junction with the eastern boundary of Ballynaneashagh townland and continuing in the same direction along the centre line of the Kill-Waterford road to its junction with the southern boundary of Pastimeknock townland and thence, commencing in the same direction along the last-mentioned boundary to its junction with the existing boundary.

SECOND SCHEDULE.

Limitations on Municipal Rate.