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7 1985

LOCAL GOVERNMENT (REORGANISATION) ACT, 1985

SECOND SCHEDULE

Provisions consequential on alteration of boundaries effected by section 10

Section 10 .

Preparation of maps.

1. (1) As soon as may be after the commencement of section 10 of this Act, the Commissioner of Valuation shall prepare in quadruplicate a map drawn to such convenient scale and in such convenient number of separate sheets as he shall think fit, showing the excluded areas and the added areas and the altered boundaries of the City and of the County 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 Commisioner, another in the offices of the Corporation, another in the offices of the County Council and another in the offices of the Minister.

(2) Every map deposited pursuant to paragraph (1) of this Article in the principal office of the Commissioner of Valuation or in the offices of the Corporation or 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 said Commissioner, the Corporation or the County Council 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 he, with the consent of the Minister for Finance, or they, may fix.

(3) It shall be the duty of the Commissioner of Valuation, the Corporation and 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 under this Article 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 excluded areas, the added areas and the altered boundaries of the City and of the County (in so far as the same are shown on such copy), notwithstanding any discrepancy between such copy and the description contained in the First Schedule to this Act or any ambiguity or uncertainty in such description or in the application thereof.

Financial adjustments between Corporation and County Council.

2. (1) Subject to paragraph (5) of this Article, the Corporation and the County Council may, from time to time as occasion requires, make an equitable adjustment (hereafter in this Schedule referred to as an “agreed adjustment”) in regard to any matter or thing requiring to be adjusted between them in consequence of the alteration of the boundaries of the City and of the County effected by section 10 of this Act and not otherwise provided for by this Act and, without prejudice to the generality of the foregoing, may, in particular, make an agreed adjustment in regard to all or any of the following—

(a) any net loss of revenue, actual or prospective, which is or may be incurred by the Corporation or the County Council in consequence of an alteration of a boundary effected by section 10 of this Act,

(b) property, whether real or personal (including choses-in-action), vested in or belonging to or held in trust for the Corporation or the County Council and wholly or partly situate in or relating to the excluded areas or the added areas or any particular part thereof,

(c) debts (including mortgage debts), charges created by statute and other liabilities (including unliquidated amounts, unliquidated damages arising from torts or breaches of contract and accruing or prospective liabilities), due and unpaid, or incurred and undischarged, by the Corporation or by the County Council and relating wholly or in part to either the excluded areas (or any particular part thereof) or the added areas (or any particular part thereof).

(2) An agreed adjustment in relation to property may provide for the retention of such property by either the Corporation or the County Council or for the transfer of such property to either the Corporation or the County Council or for the joint user of such property by the Corporation or the County Council and may also provide for the payment of money, by a single payment or in two or more instalments, by or to the Corporation to or by the County Council 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 Corporation or for the whole of such debt or liability being borne by the County Council (except in the case of mortgage debts) for the apportionment of the liability for such debt or liability between the Corporation and the County Council and may also provide for the payment of money, by a single payment or in two or more instalments, to or by the Corporation by or to the County Council in respect of such debt or liability.

(4) Subject to paragraph (5) of this Article, whenever the Corporation and the County Council fail to agree upon an equitable adjustment of any matter or thing which, were they agreed, would be the subject of an agreed adjustment under this Article, the Minister shall, upon the request of either the Corporation or the County Council make an adjustment (hereafter in this Schedule 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 provided for by an agreed adjustment.

(5) In making an agreed adjustment or a compulsory adjustment regard shall be had to Article 12 of this Schedule.

(6) Every agreed adjustment and every compulsory adjustment shall have effect according to its terms and shall be final and conclusive and, accordingly, shall be enforceable by the Corporation or the County Council against the other of them.

Bye-laws etc., in the excluded areas and in the added areas.

3. (1) (a) Subject to subparagraph (b) of this paragraph, every bye-law, rule and regulation lawfully made and enforceable by the Corporation in the excluded areas or any part thereof, and which was in force immediately before the commencement of section 10 of this Act shall, in so far as it is not inconsistent with this Act, on and from the said commencement continue in force and have effect in the excluded areas or part thereof, as if it were a bye-law, rule or regulation, as may be appropriate, made by the County Council and which came into operation on the said commencement in respect of the area or so much of the area as is within the excluded areas for and in respect of which the same was originally made and accordingly every such bye-law, rule and regulation may be continued, amended, varied or revoked and any penalty and forfeiture arising thereunder on or after the said commencement in the excluded areas may be recovered or otherwise enforced by the County Council in the like manner and as fully as the same could have been continued, amended, varied, revoked, recovered or otherwise enforced by the Corporation had section 10 of this Act not been enacted.

(b) No bye-law, rule or regulation mentioned in subparagraph (a) of this paragraph in so far as it is continued in force by the said subparagraph (a), shall so continue in force after the expiration of the period of one year beginning on the commencement of section 10 of this Act unless, within that period, the County Council, by resolution, declares that the bye-law, rule or regulation shall, in so far as it is continued in force by the said subparagraph (a), continue in force after the expiration of that period.

(c) No bye-law, rule or regulation in force in the County immediately before the commencement of section 10 of this Act shall apply or be extended to the excluded areas by virtue only of the inclusion of such areas in the County by section 10 of this Act but the County Council may at any time, within the period of one year beginning on the commencement of section 10 of this Act, by resolution, extend or apply any such bye-law, rule or regulation to the excluded areas, or to any part thereof, and upon any extension or application being made under this subparagraph any bye-law, rule or regulation continued in force in the excluded areas or a part or parts of those areas by subparagraph (a) of this paragraph and which is inconsistent with the bye-law, rule or regulation to which the relevant resolution of the County Council relates shall cease to have effect in the excluded areas or, as may be appropriate, in such part or parts.

(2) (a) Subject to subparagraph (b) of this paragraph, every bye-law, rule and regulation lawfully made and enforceable by the County Council in the added areas or any part thereof, and which was in force immediately before the commencement of section 10 of this Act, shall, in so far as it is not inconsistent with this Act, on and from the said commencement continue in force and have effect in the added areas or part thereof, as if it were a bye-law, rule or regulation, as may be appropriate, made by the Corporation and which came into operation on the said commencement in respect of the area or so much of the area as is within the added areas for and in respect of which the same was originally made and accordingly every such bye-law, rule and regulation may be continued, amended, varied or revoked and any penalty and forfeiture arising thereunder on or after the said commencement in the added areas may be recovered or otherwise enforced by the Corporation in the like manner and as fully as the same could have been continued, amended, varied, revoked, recovered or otherwise enforced by the County Council had section 10 of this Act not been enacted.

(b) No bye-law, rule or regulation mentioned in subparagraph (a) of this paragraph, in so far as it is continued in force by the said subparagraph (a), shall so continue in force after the expiration of the period of one year beginning on the commencement of section 10 of this Act unless, within that period, the Corporation, by resolution, declares that the bye-law, rule or regulation shall, in so far as it is continued in force by the said subparagraph (a), continue in force after the expiration of that period.

(c) No bye-law, rule or regulation in force in the City immediately before the commencement of section 10 of this Act shall apply or be extended to the added areas by virtue only of the inclusion of such areas in the City by section 10 of this Act but the Corporation may at any time within the period of one year beginning on the commencement of section 10 of this Act, by resolution, extend or apply any such bye-law, rule or regulation to the added areas or to any part thereof, and upon any extension or application being made under this subparagraph any bye-law, rule or regulation continued in force in the added areas or in part or parts of those areas by subparagraph (a) of this paragraph and which is inconsistent with the bye-law, rule or regulation to which the relevant resolution of the County Council relates shall cease to have effect in the added areas or, as may be appropriate, in such part or parts.

Resolutions etc. relating to the excluded areas and to the added areas.

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

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.