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7 1985

LOCAL GOVERNMENT (REORGANISATION) ACT, 1985

PART III

Dublin

Definitions (Part III).

9. — In this Part and in the First , Second and Third Schedules to this Act—

the added areas” means the parts of the County described in Part III of the said First Schedule ;

the Borough Council” means the Council of the Borough of Dún Laoghaire;

the City” means the county borough of Dublin;

the City Council” has the meaning assigned to it by section 1 of the Local Government (Dublin) Act, 1930 ;

the Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

the County” means the administrative county of Dublin;

the County Council” means the council of the county of Dublin;

established electoral county” means an electoral county established by section 12 of this Act;

the excluded areas” means the parts of the City described in Part II of the said First Schedule .

Alteration of boundaries of Dublin City and County.

10. —(1) On the commencement of this section, each of the parts of the City described in Part II of the First Schedule to this Act shall be detached from the City and from the jurisdiction and powers of the Corporation and added to the County, and on and from such commencement each of the said parts shall be included in, and form part of, the County for all purposes, and the boundary of the County shall be altered accordingly.

(2) On the commencement of this section, each of the parts of the County described in Part III of the First Schedule to this Act shall be detached from the County and from the jurisdiction and powers of the County Council and added to the City, and on and from such commencement each of the said parts shall be included in, and form part of, the City for all purposes and the boundary of the City shall be altered accordingly.

(3) The provisions contained in the Second Schedule to this Act shall apply and have effect in relation to the alteration of boundaries effected by subsections (1) and (2) of this section.

Increase in membership of Dublin City Council.

11. —(1) The City Council shall, on and after the ordinary day of retirement of members thereof next after the commencement of this section, consist of fifty-two members and that number of members shall accordingly be elected at every election of members of that council held after such commencement.

(2) Section 2 of the Local Government (Dublin) Act, 1945 , shall be construed and have effect subject to subsection (1) of this section.

Establishment of Dublin Electoral Counties.

12. —(1) The County, as existing on the commencement of section 10 of this Act, shall, for the purpose of the local elections next occurring after the commencement of this section to the councils established under section 13 (1) of this Act, be divided for the purposes of those elections into three electoral counties to be known for such purposes as—

(a) the electoral County of Dublin — Fingal,

(b) the electoral County of Dublin — Belgard,

(c) the electoral County of Dún Laoghaire-Rathdown.

(2) The boundary of an established electoral county shall be the boundary described in the Third Schedule to this Act in respect of that county.

Establishment, membership and election of councils of established electoral counties.

13. —(1) A council shall be established in each of the established electoral counties.

(2) The number of members of a council referred to in subsection (1) of this section shall be that set out in column (2) of the Table to this section opposite the mention in column (1) thereof of that council.

(3) There shall be elected at the local elections next occurring after the commencement of section 12 of this Act a council for each of the established electoral counties and the Local Elections Acts, 1963 to 1974, shall apply to each election held pursuant to this subsection as if each of the councils to be so elected were the council of a county.

TABLE

Council

Numbers of members of council

(1)

(2)

Council of the electoral County of Dublin — Fingal.

24

Council of the electoral County of Dublin — Belgard.

26

Council of the electoral County of Dún Laoghaire-Rathdown.

28

Definition of electoral areas in established electoral counties.

14. —(1) The Minister shall by order divide each of the established electoral counties into county electoral areas and fix in respect of each such county the number of members of the council of such county to be elected from every county electoral area in such county, and in making such order the Minister shall comply with the requirements of subsection (2) of this section.

(2) The order required to be made by subsection (1) of this section shall be made as soon as may be after the commencement of section 12 of this Act and in any event not later than the date of the order to be made under section 84 (as amended by section 4 of the Local Elections Act, 1966 ) of the Electoral Act, 1963 , fixing the polling day at the local elections to be held in 1985.

(3) The divisions into county electoral areas effected by an order under subsection (1) of this section shall have effect for the purposes of the elections to be held pursuant to section 13 (3) of this Act and thereafter.

(4) The number of members of the council of an established electoral county to be elected for each county electoral area in such county at the elections to be held pursuant to section 13 (3) of this Act and thereafter shall be the number fixed in that behalf by the order required to be made under subsection (1) of this section.

(5) Subsection (7) of section 33 of the Local Government Act, 1941 , shall apply to any division effected under subsection (1) of this section as it applies to any division made by an order under the said section 33.

Provisions relating to elections of councils of established electoral counties.

15. —(1) The register of electors for an established electoral county shall, for the purposes of the elections to be held pursuant to section 13 (3) of this Act, be that portion of the register of electors for the County (as existing immediately after the commencement of section 10 of this Act) as relates to the area which that established electoral county comprises.

(2) The returning officer for the election of members of each of the councils of the established electoral counties shall be the Dublin City Manager and Town Clerk.

(3) The cost of conducting the elections held pursuant to section 13 (3) of this Act shall be defrayed—

(a) in the case of the election as regards the electoral county of Dún Laoghaire-Rathdown, by the County Council and the Corporation of the Borough of Dún Laoghaire in such proportion as the Dublin City Manager and Town Clerk shall direct,

(b) in the case of the other such elections, by the County Council.

Continuation of Dublin County Council and Dún Laoghaire Corporation.

16. —(1) There shall not be an election of members of the County Council or the Borough Council at the local elections next occurring after the commencement of section 12 of this Act.

(2) The County Council shall, on and after the ordinary day of retirement of members thereof next occurring after the commencement of section 12 of this Act, consist of seventy-eight members.

(3) Each of the persons elected to the councils of the established electoral counties at the elections held pursuant to section 13 (3) of this Act shall be regarded for all purposes as having been elected to the County Council on the same day as their election to whichever of the councils established under section 13 (1) of this Act is appropriate and on and from the ordinary day of retirement referred to in subsection (2) of this section those persons shall be the members of and shall act as the County Council.

(4) The persons elected at the elections held pursuant to section 13 (3) of this Act for the relevant electoral areas shall be regarded for all purposes as having been elected to the Borough Council on the same day as their election to the Council of the electoral county of Dún Laoghaire-Rathdown and on and from the ordinary day of retirement referred to in subsection (2) of this section those persons shall be the members of and shall act as the Borough Council.

(5) Section 43 (1) of the Local Government (Dublin) Act, 1930 , shall be construed and have effect subject to subsection (4) of this section.

(6) In this section “the relevant electoral areas” means such of the electoral areas fixed by the order under section 14 of this Act, as regards the electoral county of Dún Laoghaire-Rathdown, as the Minister shall by order specify, which order shall also specify the total number of members who by virtue of subsection (4) of this section are to be the members of and act as the Borough Council and which order the Minister is hereby empowered to make.

(7) In this section “the ordinary day of retirement” means the day which, had subsection (1) of this section not been enacted, would, by virtue of the Local Elections Regulations, 1965, be the day on which the members of the County Council would be required to retire.

Preparation of certain maps.

17. —(1) As soon as may be after the commencement of section 12 of this Act, the Commissioner of Valuation shall prepare in quintuplicate a map, drawn to such convenient scale and in such convenient number of separate sheets as he shall think fit, showing the boundaries of each of the established electoral counties and when such maps have been prepared by the said Commissioner he shall seal each such map and shall, as soon as may be thereafter, deposit them as follows, namely, one of them in the principal office of the said Commissioner, another in the offices of the Minister and the other three in the offices of the County Council.

(2) Every map deposited pursuant to subsection (1) of this section in the principal office of the Commissioner of Valuation or in the offices of the County Council, shall be retained in the office or offices in which it is so deposited, and each such map, or true copies thereof, shall be open for inspection free of charge at the office or offices in which it is so deposited by any person at any time at which such office or offices is or are open for the transaction of public business, and it shall be lawful for the Commissioner of Valuation or the County Council to prepare and supply to any person requesting the same a true copy of any map so deposited with him or them or any particular part thereof and to charge for such copy such sum as he, with the consent of the Minister for Finance, or they, may fix.

(3) It shall be the duty of the Commissioner of Valuation 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 deposited with him or them pursuant to subsection (1) of this section, or any specified part thereof 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, unless the contrary is shown, be sufficient evidence of the boundary (in so far as the same is shown on such copy) of the established electoral county to which the copy purports to relate, notwithstanding any discrepancy between such copy and the description of a boundary contained in the Third Schedule to this Act or any ambiguity or uncertainty in such description or in the application thereof.

Section 10 , supplementary provisions.

18. —(1) The Minister may by regulations provide that, notwithstanding the alteration of boundaries effected by section 10 of this Act—

(a) any enactment (other than this Act) or any order, regulation, rule, bye-law or other instrument or agreement made wholly or partly under any such enactment, shall, for such period as may be specified in the regulations, continue to have effect in the added areas, in the excluded areas or in any part so specified of those areas,

(b) the expression “county borough” in any enactment specified in the regulations or in any such instrument or agreement so specified shall, for such period as is so specified, continue to include (and be deemed always to have continued to include) the excluded areas or any part so specified of the excluded areas.

(2) Nothing in this section shall be construed as prejudicing the generality of section 24 of this Act.