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7 1985

LOCAL GOVERNMENT (REORGANISATION) ACT, 1985

PART IV

General Reorganisation

Alteration of boundary of Borough of Galway.

19. —(1) (a) On the commencement of this subsection, the area described in the Fourth Schedule to this Act shall, for the purposes of the local elections next occurring after such commencement, be detached from the County Health District of Galway and from the jurisdiction and powers of the council of the county of Galway (in so far as they relate to such purposes) and be added to the Borough of Galway, and on and from such commencement the said area shall be included in, and form part of, the said borough for the said purposes and the boundary of that borough shall be altered accordingly.

(b) The Minister may by order make such incidental, consequential and supplementary provisions as appear to him to be expedient to enable paragraph (a) of this subsection to have effect for the purposes of the elections referred to in that paragraph.

(2) The Minister shall by order provide that the boundary alteration effected by subsection (1) of this section shall (in addition to having effect for the purposes specified in the said subsection (1)) have effect for such other purposes as shall be specified in the order.

(3) Where an order under subsection (2) of this section has not been made prior to the local elections next occurring after the commencement of subsection (1) of this section, then, pending the making and coming into operation of the said order, each of the persons elected at the aforesaid local elections to the council of the Borough of Galway shall be the members of and, as regards the period beginning on the day of their coming into office and ending on the commencement of the said order, shall act as the council for the said borough as it existed immediately prior to the making of the boundary changes effected by the said subsection (1).

(4) For the purposes of giving effect to the order required to be made by subsection (2) of this section, the Minister may either by that order or by another order—

(a) make a provision similar to or to the same effect (with any modifications which the Minister may consider appropriate in the particular circumstances) as any provision contained in the Second Schedule to this Act, and

(b) do anything which may be done by order under section 24 of this Act, and

(c) make such other provision (if any), as the Minister shall think proper, in relation to any matter whatsoever.

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

Boundary alterations under section 19 ; supplementary provisions.

20. —The Minister shall, as soon as may be after the commencement of section 19 of this Act and in any event not later than the date of the making of an order 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, make an order under subsection (2) (as amended by section 87 (4) of the Electoral Act, 1963 ) of section 35 of the Local Government Act, 1941 , in respect of the Borough of Galway and an order under section 33 of the said Act, in respect of the county of Galway.

Limited power to alter number of members of a county council.

21. —(1) The Minister may by order, made at any time before the local elections held next after the passing of this Act, alter the number of members of the council of any county specified in the order.

(2) Where the Minister makes an order under this section, on and after the ordinary day of retirement of members of any council to which the order relates next after the passing of this Act, the number of members of any such council shall consist of the number fixed in that regard by the order.

(3) Where an order is made under this section in relation to the council of a county, in so far as the order fixes the number of members of the council, it shall, for the purposes of subsection (7) of section 33 of the Local Government Act, 1941 , be regarded as having been made under the said section 33.

(4) Nothing in this section shall be construed as operating to prevent or restrict the power under Article 25 of the Schedule to the Local Government (Application of Enactments) Order, 1898, to alter the number of members of the council of any county.

Temporary arrangements with respect to register of electors.

22. — Where, by reason of the making of an order dividing any county, county borough, borough or urban district into electoral areas (including an order made under section 14 , or pursuant to the requirements of section 20 , of this Act), or amending or modifying such a division (which order is in this section hereafter referred to as “the dividing order”), a polling district or part of a polling district is situate in an electoral area, being an electoral area specified in the dividing order and which is identical in area and name with none of the electoral areas existing immediately before the day on which the dividing order is made, the Minister may, by direction, provide for the entry of the name of that electoral area, in respect of the polling district or part of the polling district, in every register of electors and list of corrections prepared under Part II of the Electoral Act, 1963 , and published by a registration authority before the local elections next held after the making of the dividing order.

Temporary arrangements with respect to certain polling districts.

23. —(1) Where, by reason of the making of an order dividing any county, county borough, borough or urban district into electoral areas (including an order made under section 14 , or pursuant to the requirements of section 20 , of this Act) or amending or modifying such a division (which order is in this subsection subsequently referred to as “the dividing order”), a polling district existing immediately before the day on which the dividing order is made is not wholly situate within one of the electoral areas specified in the dividing order, the appropriate officer shall, with respect to the part of the polling district situate in an electoral area so specified—

(a) join it, or parts of it, with any adjoining polling district or districts, or

(b) constitute it as a polling district and appoint a polling place for it.

(2) An arrangement made pursuant to subsection (1) of this section shall, as regards a polling district to which it relates, have effect until, and only until, the scheme under section 22 of the Electoral Act, 1963 , and relating to the county, county borough, borough or urban district, as may be appropriate, in which the polling district is situate is next made after the commencement of the relevant dividing order within the meaning of the said subsection (1), comes into operation.

(3) In this section “the appropriate officer” means—

(a) in relation to a polling district situate in a county borough, the manager for the purposes of the Acts relating to the management of the county borough (including 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),

(b) in relation to a polling district situate in an established electoral county, the Dublin City Manager and Town Clerk (including 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

(c) in relation to any other polling district, the secretary of the council of the county in which the polling district is situate (including a person duly appointed either as deputy for such secretary or to act in the place of such secretary during his absence or incapacity or during a vacancy in his office).

Power to amend, adapt, modify, repeal or revoke enactments.

24. — Where it appears to the Minister—

(a) having regard to any provision of this Act, that it is appropriate so to do, or

(b) to be necessary or expedient for the purpose of enabling any enactment, other than this Act or, any order, regulation, rule, bye-law or other instrument, or agreement, to have effect in conformity with this Act, or

(c) to be necessary or expedient for the purposes of remedying any inconsistency between any such enactment or instrument and this Act, or

(d) that any such enactment or instrument is adequately replaced or is rendered unnecessary by any provision of this Act,

the Minister may, in relation to any such enactment (including any provision contained in a local, personal or private Act), instrument or agreement, by order provide for—

(e) its application, with any modification or adaptation specified in the order, to local authorities generally, to local authorities of a class or description specified in the order, or to any particular local authority or part so specified of the functional area of a local authority so specified, or

(f) its non-application to local authorities generally, to local authorities of a class or description so specified or to any particular local authority or part so specified of the functional area of a local authority so specified, or

(g) its amendment otherwise or its repeal, revocation or termination.

Quorums of certain local authorities.

25. —(1) (a) On and after the ordinary day of retirement of the members of the City Council (within the meaning of section 9 of this Act) next occurring after the commencement of section 11 of this Act the number of members of that Council constituting a quorum shall be thirteen.

(b) Section 31 (2) of the Local Government (Dublin) Act, 1930 , shall be construed and have effect subject to paragraph (a) of this subsection.

(2) (a) On and after the ordinary day of retirement of the members of the Council of the Borough of Galway next occurring after the commencement of section 6 of this Act the number of members of that Council constituting a quorum shall be four.

(b) Section 15 of the Local Government (Galway) Act, 1937 , shall be construed and have effect subject to paragraph (a) of this subsection.

(3) Where the Minister makes an order under section 16 (6) of this Act specifying the number of members of the council of the Borough of Dún Laoghaire, he shall by order under this subsection fix a quorum for that council.

(4) Where an order under subsection (3) of this section is for the time being in force, section 43 (1) of the Local Government (Dublin) Act, 1930 , shall be construed and have effect subject to the terms of the order.

Number of members of certain committees of agriculture.

26. —Rule 3 (inserted by section 26 (1) of the Agriculture (An Chomhairle Oiliúna Talamhaíochta) Act, 1979) of the Second Schedule to the Agriculture Act, 1931 , shall, as regards the Dublin Committee of Agriculture and such other committee of agriculture (if any) as for the time being stands specified in an order made for the purposes of this section by the Minister, be construed and have effect as if “the same number as the number appointed at the annual meeting of the council held next before the commencement of section 12 of the Local Government (Reorganisation) Act, 1985,” were substituted for “four times the number of county electoral areas in the county at the date of that annual meeting”.

Appointments by local authorities to certain committees and other bodies.

27. —(1) Subject to subsection (4) of this section, a local authority in appointing, whether by nomination or election, members of the local authority or persons who are not members of the local authority (where such is authorised by or under any enactment relating to such appointments) to be members of any body mentioned in subsection (2) of this section or a committee of agriculture shall make such appointments—

(a) in the case of appointments to membership of a committee of agriculture, in accordance with the rules set out in Part I of the Fifth Schedule to this Act, and

(b) in the case of appointments to membership of any body so mentioned, in accordance with the rules set out in Part II of the said Fifth Schedule .

(2) The bodies (other than a committee of agriculture) referred to in subsection (1) of this section are—

(a) a committee or board of a local authority,

(b) a joint committee or joint board of a local authority and one or more other local authorities,

(c) a vocational education committee,

(d) a harbour authority,

(e) a school attendance committee,

(f) a regional development organisation,

(g) a regional tourism organisation,

(h) the County Councils' General Council,

(i) the Association of Municipal Authorities of Ireland, and

(j) such other bodies as may for the time being be specified in regulations made for the purposes of this section by the Minister (either generally or with reference to any particular local authority or class or description of local authority).

(3) Subsection (4) of section 7 of the City and County Management (Amendment) Act, 1955 , shall have effect as if the words “and, with respect to each such electoral area, two members of the council who were elected for that area shall be appointed to the committee” were deleted.

(4) (a) Subsection (1) of this section shall not apply as regards the appointment to membership of a vocational education committee or a school attendance committee of persons who are not members of a local authority.

(b) Nothing in this section shall be construed as operating to render unnecessary for appointment to any office, post or position the possession of any special knowledge, experience or other qualification the possession of which is required by law for appointment to the office, post or position.

(c) Nothing in this section shall be construed as affecting the entry to or tenure of membership of any body, or any other office, held ex officio.

(5) A reference to a committee, board, joint committee or joint board in paragraphs (a) or (b) of subsection (2) of this section shall be construed as including a reference to a committee, board, joint committee or joint board appointed by or under statute to perform the functions of a local authority.

Maritime boundaries of counties and county boroughs.

28. —(1) (a) The land lying between the existing boundary of the administrative county of Cork and an imaginary straight line drawn from Muccurragh Point in Bantry Bay to League Point in the said bay shall, subject to paragraph (b) of this subsection, on and after the commencement of this section, be included in, and form part, of the said administrative county and the boundary of that county shall be altered accordingly.

(b) Paragraph (a) of this subsection shall have effect—

(i) in case an order under paragraph (c) of this subsection is for the time being in force, for the purposes specified in the order,

(ii) in case such an order is not so in force, for all purposes.

(c) (i) The Minister may by order provide that paragraph (a) of this subsection shall have effect for, and only for, such purposes as are specified in the order.

(ii) In case an order under this paragraph is for the time being in force, references in any enactment to the functional area of a local authority shall be construed and have effect subject to the terms of the order.

(2) (a) Notwithstanding any enactment relating to the extension, adjustment or other alteration of the boundary of a county or county borough, but subject to paragraph (b) of this subsection, the Minister may by order provide that any land specified in the order, being land to which this subsection applies, shall, on and from such date as is specified in the order, be included in, and form part of, a county or county borough specified in the order and the boundary of that county or county borough shall be altered accordingly.

(b) Prior to making an order under this subsection, the Minister shall consult the Commissioners of Public Works in Ireland and any other Minister of the Government who, in his opinion, may be concerned, and the council of any county or the corporation of any county borough which, in his opinion, may be affected.

(c) This subsection applies to land—

(i) which is contiguous to the county or county borough to which an order under this subsection relates, and

(ii) all of which is located below the high water mark, and

(iii) is to the landward side of a line every point of which is three miles distant from the high water mark, and

(iv) does not form part of any county or county borough.

(d) An order under this subsection may provide that the order shall have effect for all purposes or for, and only for, such purposes as are specified in the order, and in case purposes are so specified, then for so long as the relevant order remains in force references in any enactment to the functional area of a local authority shall be construed and have effect subject to the terms of the order.

(3) (a) The Minister may by order make such incidental, consequential and supplementary provisions as appear to him to be expedient to enable subsection (1) of this section to have effect.

(b) An order under subsection (1) (c) (i) or (2) of this section may include such incidental, consequential and supplementary provisions as appear to the Minister to be expedient.

(c) Without prejudice to the generality of paragraph (a) or (b) of this subsection, the Minister may by an order under this subsection—

(i) provide for—

(I) the preparation of official maps and the evidential value of such maps,

(II) the inclusion of the land specified in the order, or of any part of such land, in any borough, urban district or town, or in any other administrative, electoral or geographical area or district, or

(III) any matter or thing provided for or referred to in the Second Schedule to this Act, or

(ii) do any thing which may be done by order under section 24 of this Act.

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

(5) In this section—

land” includes any structure and any land covered with water, including the sea;

structure” includes any erection, excavation, or other thing (or any part thereof) constructed, erected or made on, in, or under any land, including any platform or other man-made installation on or above the sea bed, whether or not such structure is at any state of the tide wholly or partly above or wholly below, the surface of the sea and, where the context so admits, includes the land on, in, or under which the structure is situated.

Saver.

29. —Nothing in this Act shall be construed as interrupting or otherwise affecting the continued existence of the council of the County of Dublin or of the Corporation of the Borough of Dún Laoghaire or the exercise or performance by either of those bodies of any of its functions.