LOCAL GOVERNMENT (REORGANISATION) ACT, 1985

Type Act
Publication 1985-04-03
Last updated 2014-01-27
State Partially repealed superseded text
Text As published
articles 29

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.

24 amending acts · 2014-01-27, Local Government Reform Act 2014

Reform history JSON API
4.

(1) (a) Every resolution passed, order made, and notice served by the Corporation before the commencement of section 10 of this Act in relation to the excluded areas 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, on and from the said commencement shall, in so far as it relates to the excluded areas or any part thereof or anything done or to be done therein and in so far as it is not inconsistent with this Act, continue in force and have effect as if it were a resolution passed, an order made, or a notice served by the County Council on the date on which the same was actually passed, made or served by the Corporation, and as if on the said date the excluded areas had been included in the County.

  • (b) (i) Any thing done, or treated by virtue of any enactment as having been done, by, to, or in relation to, the Corporation before the commencement of section 10 of this Act in relation to the excluded areas, in the exercise or performance of or by the Corporation of any of its powers, functions or duties, shall in so far as it is not inconsistent with this Act, be treated as having been done, by, to, or in relation to, the County Council.
  • (ii) Any reference to the Corporation in a document referred to in paragraph (3) of this Article shall, in so far as it is not inconsistent with this Act, be construed as a reference to the County Council.
  • (2)
  • (a) Every resolution passed, order made, and notice served by the County Council before the commencement of section 10 of this Act in relation to the added areas or any part thereof anything done or to be done therein and the operation, effect or term of which had not ceased or expired before the said commencement, on and from the said commencement shall, in so far as it relates to the added areas or any part thereof or anything done or to be done therein and in so far as it is not inconsistent with this Act, continue in force and have effect as if it were a resolution passed, an order made, or a 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 on the said date the added areas had been included in the City.
  • (b) (i) Any thing done or treated by virtue of any enactment as having been done, by, to, or in relation to the County Council before the commencement of section 10 of this Act in relation to the added areas, in the exercise or performance of or by the County Council of any of its powers, functions or duties, shall in so far as it is not inconsistent with this Act, be treated as having been done, by, to, or in relation to, the Corporation.
  • (ii) Any reference to the County Council in a document referred to in paragraph (3) of this Article shall, in so far as it is not inconsistent with this Act, be construed as a reference to the Corporation.
  • (3) In this Article “thing” includes the following—
  • (a) any written agreement or other instrument in writing or any determination or declaration made by or on behalf of, or to be treated as having been made by or on behalf of the Corporation or the County Council,
  • (b) any direction given, or to be treated as having been given, by or to the Corporation or by or to the County Council,
  • (c) any licence, permission, consent, approval, exemption or relaxation granted or given, or to be treated as having been granted or given, by or to the Corporation or by or to the County Council,
  • (d) any application, proposal or objection made, or to be treated as having been made, by or to the Corporation or by or to the County Council,
  • (e) any condition or requirement imposed, or to be treated as having been imposed, by or on the Corporation or by or on the County Council.

Provisions relating to registers of electors.

5.

On and from the commencement of section 10 of this Act—

  • (a) so much of the register of electors as, immediately before such commencement, was in force for the City as regards the excluded areas shall be deemed to form part of the register of electors in force for the County and shall be shown separately in such manner as the Minister shall direct; and
  • (b) so much of the register of electors as immediately before such commencement, was in force for the County as regards the added areas shall be deemed to form part of the register of electors in force for the City and shall be shown separately in such manner as the Minister shall direct.

Provisions relating to polling districts and polling places.

6.

(1) Where immediately before the commencement of section 10 of this Act, a polling district is situated partly within the excluded areas, the Secretary of Dublin County Council shall, with respect to the part of the polling district so situated, and the Dublin City Manager and Town Clerk shall, with respect to the part of such polling district then situated without the excluded areas—

  • (a) join it or parts of it to any adjoining polling district or districts, or
  • (b) constitute it as a polling district and appoint a polling place for it.
  • (2) Where immediately before the commencement of section 10 of this Act, a polling district is situated partly within the added areas, the Dublin City Manager and Town Clerk shall, with respect to the part of the polling district so situated, and the Secretary of Dublin County Council shall, with respect to the part of the polling district then situated without the added areas—
  • (a) join it or parts of it to any adjoining polling district or districts, or
  • (b) constitute it as a polling district and appoint a polling place for it.
  • (3) Any arrangement made pursuant to this Article shall have effect until, and only until, the scheme, next made after the commencement of section 10 of this Act, under section 22 of the Electoral Act, 1963, in relation to the City or the County, as the case may be, comes into operation.
  • (4) In this Article—
  • (a) a reference to the Dublin City Manager and Town Clerk includes a reference to a person duly appointed either as deputy for such manager or to act in the place of such manager during his absence or incapacity or during a vacancy in his office, and
  • (b) a reference to the Secretary of Dublin County Council includes a reference to a person duly appointed either as deputy for such secretary or to act in the place of such secretary.

Application and adaptation of local enactments.

7.

(1) Every local Act in force immediately before the commencement of section 10 of this Act in, or in relation to, the City shall extend to the added areas and shall, on and from the said commencement, be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Act.

  • (2) Every local Act in force immediately before the commencement of section 10 of this Act in, or in relation to, the County shall extend to the excluded areas and shall, on and from the said commencement, be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Act.

Provisions relating to development plans.

8.

(1) The development plan for the City as it existed immediately before the commencement of section 10 of this Act, in so far as, immediately before such commencement, it had effect as regards the excluded areas shall, on and after such commencement, continue to have such effect pending the making of a new development plan by the County Council or the making by the County Council, as regards those areas, of a variation of the development plan for the County.

  • (2) The development plan for the County as it existed immediately before the commencement of section 10 of this Act, in so far as, immediately before such commencement, it had effect as regards the added areas shall, on and after such commencement, continue to have such effect pending the making of a new development plan by the Corporation or the making by the Corporation, as regards those areas, of a variation of the development plan for the City.
  • (3) In this Article “development plan” means a development plan within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1983.

Employment Regulation Orders.

9.

Nothing in this Act shall be construed as affecting any Employment Regulation Order made by the Labour Court under the provisions of the Industrial Relations Acts, 1946 to 1976.

Hours of Trading Orders.

10.

Nothing in this Act shall be construed as affecting any order made by the Minister for Industry, Trade, Commerce and Tourism under the Shops (Hours of Trading) Act, 1938.

Limitation on rates.

11.

(1) This Article applies to hereditaments in the excluded areas which were, or were liable to be, assessed with the municipal rate for the local financial year 1985.

  • (2) For the purpose of the assessment and levying of the county rate on a hereditament to which this Article applies, the following provisions shall apply in each of the ten local financial years next following 1985:
  • (a) where the valuation of the hereditament is the same as or less than the standard valuation, the valuation shall be reduced to the proportion, specified in the Table to this Article for the particular year, of the valuation on which the county rate would otherwise fall to be assessed, and
  • (b) where the valuation of the hereditament is greater than the standard valuation, the amount of the valuation which is equal to the standard valuation shall be reduced to the proportion, specified in the Table to this Article for the particular year, of the valuation on which the county rate would otherwise fall to be assessed.
  • (3) In this Article—

“valuation” means, the valuation under the Valuation Acts;

“the standard valuation” means, in relation to a hereditament to which this Article applies, the valuation of such hereditament included in the revised valuation list received by the Corporation from the Commissioner of Valuation for the local financial year 1985.

TABLE

Limitations on County Rate Limitations on County Rate
Ten years during which this Act is in force next following 1985 Proportion of Valuation (expressed in hundredths)
1986 81
1987 83
1988 85
1989 87
1990 89
1991 91
1992 93
1993 95
1994 97
1995 99

Rates and Charges.

12.

(1) All rates and other charges which immediately before the commencement of section 10 of this Act were due and payable or were accruing due, in respect of the local financial year 1985, or any previous local financial year, to the Corporation or the County Council, whether in respect of a hereditament in the excluded areas or in the added areas or otherwise, shall, on and from such commencement, continue to be due and be payable and to accrue due as if section 10 of this Act had not been enacted and may be collected and recovered accordingly.

  • (2) If on the commencement of section 10 of this Act the municipal rate for 1985 has not been made by the Corporation or the county rate for 1985 has not been made by the County Council, the Corporation in making the municipal rate for 1985 shall make the rate in respect of hereditaments in the excluded areas and the County Council in making the county rate for 1985 shall make the rate in respect of hereditaments in the added areas and any rate so made may be collected and recovered by or on behalf of the Corporation or the County Council, as may be appropriate, as if section 10 of this Act had not been enacted.

THIRD SCHEDULE Boundaries of Established Electoral Counties

PART I

Interpretation

1.

In this Schedule—

  • (a) a reference to the County or to the City shall be construed as a reference to the County or City as it exists immediately after commencement of section 10 of this Act and a reference to the boundary of the County or of the City shall be construed as a reference to such a boundary as it exists immediately after the commencement of the said section 10,
  • (b) a reference to an imaginary line drawn along any road, avenue, lane, court, park, river or tributary shall be construed as a reference to such a line drawn along the centre of such road, avenue, lane, court, park, river or tributary,
  • (c) a reference to the point at which any road, avenue, lane, court, park, river, tributary or imaginary projection intersects or joins any other road, avenue, lane, court, park, river, tributary or imaginary projection shall be construed as a reference to the point at which a line drawn along the centre of the one or, in the case of an imaginary projection, along the one, would be intersected or joined by a line drawn along the centre of the other or, in the case of an imaginary projection, along the other,
  • (d) a reference to the point at which any road, avenue, lane, court, park, river, tributary or imaginary projection intersects or joins a boundary shall be construed as a reference to the point at which a line drawn along the centre of such road, avenue, lane, court, park, river, tributary, or, in the case of an imaginary projection, along the projection, would intersect or join such boundary.

PART II

Boundaries

2.

(1) Boundary of electoral County of Dublin — Fingal

That part of the County every place in which is north of an imaginary line drawn as follows:

Commencing at the point where the River Liffey intersects the Kildare County boundary at Leixlip and thence, countinuing initially in a north-easterly direction, along the River Liffey to the point where it intersects the imaginary projection due South of the western boundary of the curtilage of No. 20 Weirview, Lucan; thence in a northerly direction along the said imaginary projection and the said boundary to its junction with the rear boundary of the said curtilage; thence in a north-easterly direction along the said rear boundary and the rear boundary of the curtilages of houses Nos. 19 to 1 Weirview to its junction with the eastern boundary of the curtilage of No. 1 Weirview; thence in a southerly direction along the said eastern boundary and its imaginary projection due South to the point where it intersects Lower Lucan Road; thence in a north-easterly direction along Lower Lucan Road to the point where it intersects the northern boundary of the townland of Laraghcon; thence in a south-easterly direction along the last-mentioned boundary to the point where it intersects the River Liffey; and finally continuing, initially in a north-easterly direction, along the River Liffey to the point where it intersects the boundary of the City.

  • (2) Boundary of electoral County of Dublin — Belgard

That part of the County which is contained in neither the electoral County of Dún Laoghaire-Rathdown nor the electoral County of Dublin— Fingal.

  • (3) Boundary of electoral County of Dún Laoghaire-Rathdown

That part of the County every place in which is east of an imaginary line drawn as follows:

Commencing at the point where the boundary of the City intersects the imaginary north-easterly projection of the western boundary of the curtilage of the Church of Ireland Theological College and continuing thence in a south-westerly direction along the said imaginary projection, the said boundary of the said College and the imaginary south-westerly projection of that boundary to the point where it intersects Dodder Park Road; thence in a north-westerly direction along Dodder Park Road to the point where it intersects the imaginary northerly projection of the western boundary of the curtilage of No. 1 Woodside Drive; thence in a southerly direction along the last-mentioned imaginary projection and the last-mentioned boundary to its junction with an un-named tributary of the River Dodder; thence initially commencing in a south-westerly direction, along the said un-named tributary to the point where it intersects the western boundary of Castle Golf Course; thence, initially in a south-westerly direction, along the last-mentioned boundary and along its imaginary southerly projection to the point where it intersects Nutgrove Avenue; thence in a south-easterly direction along Nutgrove Avenue to the point where it intersects the imaginary north-easterly projection of the western boundary of the curtilage of No. 54 Nutgrove Avenue; thence in a south-westerly direction along the last-mentioned imaginary projection and the last-mentioned boundary to its junction with the northern boundary of the curtilage of Scoileanna Baintiarna Loreto Náisiúnta; thence in a north-westerly direction along the last-mentioned boundary to its junction with the western boundary of the last-mentioned curtilage; thence in a south-westerly direction along the last-mentioned boundary to the point where it joins the boundary of the City (as defined in the Schedule to the City of Dublin (Extension of Boundary) Provisional Order, 1953, as confirmed by the Local Government Provisional Order Confirmation Act, 1953, (No. 1 (Private) of 1953)); thence, initially in a south-easterly direction along the last-mentioned boundary to the point where it intersects the boundary between Nos. 77 and 79 Loreto Row; thence in an easterly direction along the last-mentioned boundary and its imaginary easterly projection to the point where it intersects the Little Dargle River; thence in a southerly direction along the Little Dargle River to the point where it intersects the imaginary easterly projection of the northern boundary of the curtilage of No. 103 Marley Avenue; thence in a westerly direction along the last-mentioned imaginary projection and the last-mentioned boundary to its junction with the rear boundary of the last-mentioned curtilage; thence; initially in a southerly direction along the said rear boundary and the rear boundary of the curtilage of houses on the western side of Marley Avenue to its junction with the southern boundary of the curtilage of No. 49 Marley Avenue; thence continuing in a southerly direction along an imaginary straight line drawn from the south-western corner of the curtilage of No. 49 Marley Avenue to the north-western corner of the curtilage of No. 47 Marley Avenue; thence continuing in a southerly direction along the rear boundary of the curtilage of houses on the western side of Marley Avenue to its junction with the southern boundary of the curtilage of No. 1 Marley Avenue; thence continuing in a southerly direction along an imaginary straight line drawn from the south-western corner of the curtilage of No. 1 Marley Avenue to the north-western corner of the curtilage of No. 15B Grange Court; thence continuing in a southerly direction along the rear boundary of the curtilage of houses on the western sided of Grange Court and its imaginary projection due South to the point where it intersects Grange Road; thence in a south-easterly direction along Grange Road to the point where it intersects the imaginary north-easterly projection of the western boundary of Marley Park; thence initially in a south-westerly direction, along the said imaginary projection and boundary to its junction with the eastern boundary of the Grange Golf Club; thence in a southerly direction along the boundary between the said golf club and Marley Park and its imaginary projection due South to the point where it intersects College Road; thence in a westerly direction along College Road to its junction with Tibradden Road; thence in a south-westerly direction along Tibradden Road to its western-most junction with Mutton Lane; thence in a westerly direction along Mutton Lane to the point where it intersects the boundary between the townlands of Cruagh and Tibradden; thence, initially in a southerly direction, along the last-mentioned boundary to its junction with the boundary between the townlands of Cruagh and Glendoo; and finally continuing, initially in a south-westerly direction, along the last-mentioned boundary to its junction with the boundary of County Wicklow.

FOURTH SCHEDULE Areas detached from the County Health District of Galways and added to the Borough of Galway by virtue of section 19 (1).

PART I

Interpretation

In this Schedule a reference to a townland part of which was included in the Borough of Galway, as it existed immediately before the commencement of section 19 (1) of this Act, shall be construed as referring only to the part of such townland which, immediately before such commencement, was not so included.

PART II

Description of Area

The area forming part of the County Health District of Galway and comprising the townlands of Coolagh, Curragrean and Doughiska in the district electoral division of Ballintemple; the townland of Ballindooly in the district electoral division of Carrowbrowne; the townlands of Ballybaan Beg, Ballybaan More, Ballybrit, Castlegar, Coolagh, Glenanail, Menlough, Merlinpark, Murroogh, Parkmore, Rahylin Glebe, Roscam, Ballagh, Barnacranny, Bushypark, Dangan Lower, Letteragh and Rahoon in the district electoral division of Galway Rural; and the townlands of Ballyburke, Ballymoneen East, Ballymoneen West, Ballynahown East, Barna, Cappagh, Cloonagower, Clybaun, Keeraun, Kimmeenmore, Lenabower, Mincloon, Shanballyduff, Shangort, Acres, Derryloney, Gortnalecka, Knocknacarragh, Pollnarooma West and Rusheen in the district electoral division of Barna.

FIFTH SCHEDULE Rules relating to appointments by local authorities to certain committees and other bodies.

PART I

Rules for the Making of Appointments to Committees of Agriculture

1.

The persons to whose appointments Rule 2 (2) of the Rules of 1931 applies shall be appointed before any other persons are appointed to membership of the committee concerned.

2.

Where the requirements of Rule 1 of this Schedule have been complied with, such appointments (if any) as are then necessary to comply with the requirements of Rule 4 of the Rules of 1931 shall next be made and every such appointment shall be so made by majority vote.

3.

Where the requirements of Rules 1 and 2 of this Schedule have been complied with, the appointments then falling to be made to comply with the requirements of the Rules of 1931 shall next be made and every such appointment shall, be so made in accordance with the Rules set out in Part II of this Schedule.

PART II

Rules for the making of Appointments to Committees and other Bodies mentioned in, or specified in an order under, section 27 (2).

4.

Where one, and only one, person falls to be appointed by a local authority to a committee of agriculture, or to a committee or other body mentioned in, or specified in an order under, section 27 (2) of this Act, he shall be appointed by a majority of the votes of the members of the local authority present at the meeting of the authority at the time when the business of making the appointment is reached.

5.

Where two or more persons fall to be appointed by a local authority to a committee of agriculture or to a committee or other body mentioned in, or specified in an order under, section 27 (2) of this Act, they shall be appointed in accordance with the following provisions:

  • (a) any group of members of the local authority comprising the number of members necessary for the purposes of these Rules may nominate a person to be a member of the committee or other body and the person shall be so appointed on that nomination without any voting; and
  • (b) the members of the committee or other body then remaining to be appointed shall be appointed successively by a majority of the votes of the members of the local authority who are not members of any group referred to in paragraph (a).
6.

(a) Subject to paragraph (b) of this Rule, the number of members of a local authority necessary to form a group for the purposes of these Rules shall be obtained by dividing the total number of such members present at the meeting of the authority when the business of making the relevant appointments to which this Schedule relates is reached by the number of the appointments to be so made, or, where the number so obtained is not a whole number, the whole number next above the number so obtained.

  • (b) No member of a local authority shall be a member of more than one group for the purposes of these Rules.
7.

In this Schedule “the Rules of 1931” means the Rules contained in the Second Schedule to the Agriculture Act, 1931.

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