Local government act, 1927

• Act Number: 3
• Enactment Date: 03 March 1927

Number 3 of 1927.
LOCAL GOVERNMENT ACT, 1927.
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Duties to be performed by board of health in county health district. 3. Duties to be performed by boards of health in joint districts. 4. Borrowing by boards of health. 5. Expenses of Labourers (Ireland) Acts. 6. Expenses of county councils. 7. Demand notes for rates. 8. Amendment of section 44 of the Principal Act. 9. Contributions to superannuation in respect of service under committees. 10. Payment of superannuation to ex-officers of boards of guardians and rural district councils. 11. Rating of new buildings. 12. Partial suspension of increases in valuations of buildings. 13. Amendment of section 60 of the Principal Act. 14. Amendment of section 86 of the Principal Act. 15. Minor amendments of the Principal Act. 16. Short title, citation, and construction.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
Acts Referred to Local Government Act, 1925 No. 5 of 1925
Number 3 of 1927.
LOCAL GOVERNMENT ACT, 1927.
AN ACT TO AMEND THE LOCAL GOVERNMENT ACT, 1925 , AND TO MAKE CERTAIN OTHER AMENDMENTS IN THE LAW RELATING TO LOCAL GOVERNMENT WHICH ARE REQUIRED AS A CONSEQUENCE OF THE SAID ACT. [3rd March, 1927.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
	Definitions.	1.—(1) In this Act—
	the expression “the Principal Act” means the Local Government Act, 1925 (No. 5 of 1925);
	the expression “rateable value” when used in relation to a hereditament, or hereditaments, or area, means the annual rateable value under the Valuation Acts of such hereditament, or of all such hereditaments or of all the hereditaments comprised in such area (as the case may be);
	the expression “agricultural land” means and includes any hereditament or tenement entered as land in the valuation list within the meaning of the Valuation Acts which is not part of a railway or canal and which was not at the date of the passing of the Local Government (Ireland) Act, 1898 , situate within the boundary of a borough or of any town which was then (for the time being) an urban sanitary district;
	the expression “other hereditament” means and includes any hereditament or tenement which is not agricultural land;
	the expression “agricultural grant” means the total amount of the sums payable to a county council under section 48 of the Local Government (Ireland) Act, 1898 , and under the Local Government (Rates on Agricultural Land) Act, 1925 , for the purpose of being applied in relief of rates on the agricultural land in the county (exclusive of any urban district therein) in a local financial year;
	every expression used in this Act which is also used in the Principal Act shall, save where otherwise expressly so stated, have the same meaning as it has in the Principal Act.
	(2) In this Act the expression “joint district” means, as the case may require, either—
	(a) an area in a county consisting of a county health district which has no urban district adjoining thereto and situate in such county, or
	(b) an area in a county composed of a county health district and every urban district adjoining thereto and situate in such county:
	Provided always that where an urban district adjoins two or more county health districts situate in the same county as such urban district, the Minister shall determine to which of such county health districts such urban district is for the purpose of this sub-section to be deemed to adjoin and thereupon this sub-section shall apply in such county as if such urban district adjoined only the county health district so determined by the Minister.
	Duties to be performed by board of health in county health district.	2.—(1) In addition to the powers and duties of a county council as sanitary authority for a county health district every other power and duty of a county council in relation to a county health district or any part thereof which was transferred by the Principal Act from the Council of a rural district to the county council, other than the powers and duties specified in the First Schedule to this Act, shall be exercised and performed through and by the board of health for such county health district.
	(2) The expenses of the exercise or performance of any power or duty under this section or under section 10 of the Principal Act by the board of health for a county health district shall be raised by the county council in such district by means of the poor rate, and shall, subject to the provisions of the Public Health (Ireland) Acts, 1878 to 1919, in regard to the raising of special expenses of a rural sanitary authority and to the provisions of any enactment which directs any expenses to be raised as such special expenses are raised, be raised equally over the whole of such district.
	(3) Sub-section (3) of section 14 of the Principal Act is hereby repealed.
	(4) This section shall come into operation on the 1st day of April, 1927.
	Duties to be performed by boards of health in joint districts.	3.—(1) The powers and duties of a county council under or in pursuance of any of the enactments specified in the Second Schedule to this Act and, save where the Minister shall otherwise direct, under the Tuberculosis Prevention (Ireland) Acts, 1908 and 1913, shall be exercised and performed in a joint district through and by the board of health for the county health district co-terminous therewith or included therein.
	(2) A board of health shall not appoint under the Tuberculosis Prevention (Ireland) Acts, 1908 and 1913, a committee of management for a hospital or dispensary established under those Acts, but shall themselves exercise the powers and duties of such committee subject to any delegation of such powers and duties made by them under section 13 of the Principal Act.
	(3) The expenses of the exercise and performance by a board of health in a joint district of any powers and duties under this section shall be raised equally over the whole of such joint district by means of the poor rate.
	(4) Section 15 of the Principal Act is hereby repealed.
	(5) This section shall come into operation on the 1st day of April, 1927.
	Borrowing by boards of health.	4.—(1) A board of health shall not without the previous consent of the county council exercise any power to borrow.
	(2) Notwithstanding anything to the contrary contained in any county scheme, neither a board of health and public assistance in the performance of their duties under the county scheme nor any other body to whom under a county scheme is entrusted the administration of the relief of the poor shall exercise any power to borrow without the consent of the council of every county or county borough to which the county scheme relates.
	(3) A consent under this section by the council of a county or county borough to the exercise of a power to borrow shall only be given by resolution passed by the council after not less than one month's notice of the intention to propose the resolution at the meeting at which it is passed has been given to every member of the council.
	(4) On and after the 1st day of April, 1927, all payments due on foot of any loan borrowed by a county or rural district council before the passing of this Act for the purpose of the exercise and performance of any power or duty now vested in a board of health shall be made through and by such board of health: Provided always that nothing in this sub-section shall affect the area of charge for any such payment.
	(5) Sub-section (1) of section 11 of the Principal Act is hereby repealed.
	Expenses of Labourers (Ireland) Acts.	5.—(1) All expenses incurred in the execution of the Labourers (Ireland) Acts, 1883 to 1919, in a county health district (including the repayment of moneys borrowed for the purposes of the said Acts whether before or after the appointed day) shall be special expenses within the meaning of the Public Health (Ireland) Acts, 1878 to 1919.
	(2) The area of charge for such of the said expenses as are incurred in connection with the erection or provision, before the appointed day, of cottages or plots in a rural district or in connection with the maintenance of cottages or plots so erected or provided shall (subject to any alteration of such area of charge duly made under the Public Health (Ireland) Acts, 1878 to 1919, after the passing of this Act) be the area of the rural district as constituted immediately before the appointed day.
	(3) This section shall come into operation on the 1st day of April, 1927, and shall not apply to the County or the City of Dublin.
	(4) Save in the County and City of Dublin sub-section (4) of section 57 of the Local Government (Ireland) Act, 1898 , shall cease to have effect.
	Expenses of county councils.	6.—(1) A county council shall apportion every amount to be raised off any area which includes an urban district between the urban district and the remainder of such area in proportion to rateable value, and every amount so apportioned to an urban district and also the amount of any expenses incurred by the county council which by virtue of any enactment or any direction given under any enactment may be raised off the urban district shall be paid by the council of that district to the county council upon the prescribed demand.
	(2) The county council shall raise the several amounts apportioned as aforesaid to any part of the county which is not an urban district by means of the poor rate.
	(3) The council shall, either immediately prior to or at the beginning of each local financial year, make one poor rate for the whole local financial year and shall collect such poor rate in equal moities, one such moiety for...