Local Government (Dublin) Act , 1993

(2) The valuation list which shall apply to the county of Dun Laoghaire-Rathdown shall be the combination, as determined by the commissioner, of the remaining part of the valuation list referred to in sub-article (1) and the valuation list (including any revisions) transmitted by the Commissioner to Dun Laoghaire Corporation last before the establishment day.

(3) The valuation lists which shall apply to the counties referred to in sub-articles (1) and (2) and to the city shall in each case incorporate such alterations, if any, as determined by the commissioner, as may be necessary arising from the alteration of boundaries effected by section 8.

(4) Fingal, South Dublin and Dun Laoghaire-Rathdown County Councils shall each make the rate for the local financial year in which occurs the establishment day in accordance with the lists which apply pursuant to this article to the counties of such councils.

(5) Where the valuation of any hereditament in any of the said counties is at any time for any reason revised (including any case where such revision arises as a result of any appeal or other process commenced before the establishment day), the rate shall be assessed in accordance with such revised valuation and may be levied, collected and recovered accordingly by the relevant county council.

Limitation on rates in borough area.

(2) For the purpose of the assessment and levying of the Dun Laoghaire-Rathdown County Council rate on a hereditament to which this article applies, the following provisions shall apply in each of the five local financial years next following 1993:

(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 Dun Laoghaire-Rathdown County Council 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 Dun Laoghaire-Rathdown County Council 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 valuation list, including any revisions received from the commissioner, for or related to the local financial year 1993.

TABLE

Limitations on Dun Laoghaire-Rathdown County Council Rate
Five years during which this Act is in force next following 1993	Proportion of Valuation (expressed in hundredths)
1994	90
1995	92
1996	94
1997	96
1998	98

Register of electors.

Electoral areas.

Polling districts.

District electoral divisions.

Continuation of membership of certain bodies.

(2) For the avoidance of doubt it is hereby declared that this article applies to appointments—

(a) of persons who are members of the local authorities referred to in sub-article (1) and of persons who are not such members,

(b) to bodies whether corporate or unincorporate.

Joint commitees appointed by Dublin County Council and Meath County Council.

(2) The said orders shall have effect in relation to Fingal County Council on and from the establishment day in like manner as they had effect in relation to the county council prior to that day.

Performance of functions vested in county secretary.

THIRD SCHEDULE

Part I Transfer of certain dwellings, etc., between principal authorities

(i) dwellings, buildings and land provided under the Housing Acts, 1966 to 1992, owned by a principal authority and situate within the functional area of another principal authority,

(ii) any works or services (including management and maintenance) provided under the Housing Acts, 1966 to 1992 related to dwellings, buildings or land referred to in subparagraph (i) or to dwellings provided by a principal authority within the functional area of another principal authority and sold under section 90, and

(iii) interests held under the Housing Acts, 1966 to 1992 by a principal authority (including money due in respect of a dwelling sold by them) within the functional area of another principal authority or which relate to that functional area.

(b) In this Part “section 90” means section 90 of the Housing Act, 1966 as substituted by section 26 of the Housing (Miscellaneous Provisions) Act, 1992.

(b) A scheme under this Part shall—

(i) outline the arrangements for the transfer,

(ii) specify the basis for the giving of any consideration between the principal authorities concerned where in the particular circumstances such would be appropriate in respect of a transfer, and

(iii) indicate the date or dates by which the transfer is to be effected.

(c) A scheme under this Part may include provision in regard to all or any one or more of the following:

(i) the continued provision of specified functions by the transferor authority to the transferee authority for a specified period;

(ii) any consideration to be given by the transferee to the transferor authority where continued provision under subparagraph (i) is considered appropriate in respect of the transfer;

(iii) debts (including mortgage debts) and other liabilities of a principal authority relating to the dwellings, buildings, land, works, services or interests transferred;

(iv) accruing or prospective liabilities of a principal authority as respects the performance, prior to the date of the coming into effect of an order under article 4, of their functions under the Housing Acts, 1966 to 1992, in relation to dwellings, buildings, land, works, services or interests transferred;

(v) the performance of the services and functions transferred;

(vi) notwithstanding anything contained in section 9 or 11 of the Housing Act, 1988, the letting by a transferee authority, within a specified period of years, of dwellings that are transferred to such authority under this Part and become available for letting, to persons who are designated by the transferor authority in accordance with the scheme for the time being made by that authority under section 11 of the Housing Act, 1988;

(vii) the provision, within a specified number of years, by another principal authority of dwellings under section 56 of the Housing Act, 1966 and, notwithstanding anything contained in section 9 or 11 of the Housing Act, 1988, the letting of such dwellings to persons who are designated by the transferor authority in accordance with the scheme for the time being made by that authority under the said section 11;

(viii) arrangements in relation to the designation for transfer to the service of the transferee authority of officers and employees of the transferor authority;

(ix) such incidental, consequential, transitional or supplementary provisions as may be necessary or proper for the purpose of or in consequence of, or to give full effect to a transfer under this Part.

(d) The preparation of schemes required by this Part shall be commenced as soon as may be after the enactment of this Act so as to ensure that the schemes can be made as soon as possible thereafter and, in any event, not later than twelve months after the establishment day or such longer period as the Minister may allow.

(e) In preparing a scheme the manager shall consult the members of the principal authority and the manager of each other principal authority to which the scheme relates and that manager shall consult the members of that authority.

(f) A scheme shall, as soon as may be after it is made, be submitted to—

(i) the Minister, and

(ii) the manager of each other principal authority concerned, which authority shall within two months or such longer period as the Minister may allow, make such submission (if any) to the Minister as it deems appropriate in relation to the scheme.

(a) approve the scheme as submitted, or

(b) make such revisions to the scheme as are, in the opinion of the Minister, appropriate including—

(i) the omission or inclusion of any dwellings, buildings, land, works, services or interests to which this Part applies,

(ii) alterations to the date or dates specified in the scheme,

(iii) alterations to the proposed arrangements for the transfer of matters referred to in subparagraph (i), or to the basis or circumstances for the giving of any consideration in respect of the transfer,

(iv) alterations to the proposed arrangements for the designation for transfer of officers and employees, or

(c) direct that another scheme be made by the manager in respect of or taking account of specified matters.

(b) Different orders may be made under this article at different times in relation to different dwellings, buildings, land, works, services or interests to which the scheme relates and each such order shall come into operation on such day or days as may be specified in the order and different days may be so specified in relation to matters which are the subject of an order.

(c) Where there is agreement as to the giving of a consideration in respect of a transfer provided for in a scheme approved by the Minister, an order under this article may provide for such consideration to be given by a single or by periodic payments or in any other form and expressed in any other terms which may be considered appropriate in the particular circumstances.

(d) In default of agreement between the principal authorities concerned as to the consideration to be given, the order shall record such failure and the consideration and period or periods for payment of such consideration or the nature and amount of any other form of consideration shall be determined by a person appointed for that purpose by the Minister.

(e) The person appointed for such purpose shall determine the consideration, its nature, form, amount and period or periods for payment in accordance with the scheme as approved by the Minister under this Part and such directions as the Minister may give from time to time.

(i) a difficulty arises in giving effect to the order, or

(ii) there is an error or other deficiency in the order,

the manager who made the order may, before the day on which the order is to come into operation and so far as may be necessary to remove such difficulty or remedy such error or other deficiency, by further order, amend the first-mentioned order and the order as amended shall then have effect accordingly as if it were an order made under article 4.

Part II

Transfer of certain land to new councils

(a) on that day in use by the Corporation for the purposes of a statutory function in respect of the provision and operation of services within the city area or on behalf of another principal authority;

(b) likely to be required for such purposes within a period of twelve months of the establishment day;

(c) the subject of a contract for disposal entered into before the establishment day;

(d) intended for disposal and was so intended before the establishment day and has within six months of that day become the subject of a definite arrangement for disposal;

(e) land to which Part I applies.

(b) A scheme under this Part shall—

(i) outline the arrangements for the transfer,

(ii) specify the basis for the giving of any consideration to the Corporation by the other principal authority concerned where in the particular circumstances such would be appropriate in respect of a transfer,

(iii) indicate the date or dates by which the transfer is to be effected, and

(iv) specify any arrangements necessary for the development, management and control of the land in question pending transfer.

(c) A scheme under this Part may include such incidental, consequential, transitional or supplementary provisions as may be necessary for the purposes of or in consequence of, or to give full effect to a transfer under this Part or which arise by reason of or in relation to such transfer.

(d) The preparation of schemes required by this Part shall be commenced as soon as may be after the enactment of this Act so as to ensure that the schemes can be made as soon as possible thereafter and in any event not later than twelve months after the establishment day or such longer period as the Minister may allow.

(e) In preparing a scheme the city manager shall consult the city council and the manager of the other principal authority to which the scheme relates and that manager shall consult the members of that authority.

(f) A scheme shall, as soon as may be after it is made, be submitted to—

(i) the Minister, and

(ii) the other principal authority concerned, which authority shall within two months or such longer period as the Minister may allow, make such submission (if any) to the Minister as it deems appropriate in relation to the scheme.

(a) approve the scheme as submitted, or

(b) make such revisions to the scheme as are, in the opinion of the Minister, appropriate including—

(i) the omission or inclusion of any land to which this Part applies,

(ii) alterations to the date or dates specified in the scheme,

(iii) alterations to the proposed arrangements for the transfer, or to the basis or circumstances for the giving of any consideration in respect of the transfer,

(iv) alterations to the arrangements proposed pending a transfer,

or

(c) direct that another scheme be made by the city manager in respect of or taking account of specified matters.

(b) Different orders may be made under this article at different times in relation to different parts of land to which the scheme relates and each such order shall come into operation on such day or days as may be specified in the order and different days may be so specified in relation to different parts of the land which is the subject of an order.

(c) Where there is agreement as to the giving of a consideration in respect of a transfer provided for in a scheme approved by the Minister, an order under this article may provide for such consideration to be given by a single or by periodic payments or in any other form and expressed in any other terms which may be considered appropriate in the particular circumstances.

(d) In default of agreement between the Corporation and the other principal authority concerned as to the consideration to be given, the order shall record such failure and the consideration and period or periods for payment of such consideration or the nature and amount of any other form of consideration shall be determined by a person appointed for that purpose by the Minister.

(e) The person appointed for such purpose shall determine the consideration, its nature, form, amount and period or periods for payment in accordance with the scheme as approved by the Minister under this Part and such directions as the Minister may give from time to time.

(i) a difficulty arises in giving effect to the order, or

(ii) there is an error or other deficiency in the order,

the manager who made the order may, before the day on which the order is to come into operation, and so far as may be necessary to remove such difficulty or remedy such error or other deficiency, by further order, amend the first-mentioned order and the order as amended shall then have effect accordingly as if it were an order made under article 4.

9.—Section 12 of the Finance Act, 1895 and section 83 of the Local Government Act, 1946 shall not apply to any transfer under this Part.