Drainage Maintenance Act, 1924

• Jurisdiction: Ireland
• Citation: IR No. 46/1924
• Year: 1924

Number 46 of 1924.
DRAINAGE MAINTENANCE ACT, 1924.
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Commissioners may repair drainage works. 3. Transfer of drainage business to county councils. 4. Provision of money for works under this Act. 5. Contribution by county councils. 6. Advances by the Commissioners. 7. Collection of sums under charging order under this Act. 8. Liability of county councils to Commissioners. 9. Collection of drainage maintenance rates, etc., by county councils. 10. Short title and commencement.
Number 46 of 1924.
DRAINAGE MAINTENANCE ACT, 1924.
AN ACT TO MAKE BETTER PROVISION FOR THE MAINTENANCE, REPAIR, AND IMPROVEMENT OF DRAINAGE WORKS IN SAORSTÁT EIREANN EXECUTED UNDER THE ACTS RELATING TO THE DRAINAGE OF LANDS IN IRELAND. [5th August, 1924.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
	Definitions.	1. In this Act, the expression “the Commissioners” means the Commissioners of Public Works in Ireland, and all expressions to which special meanings are assigned by the Local Government (Ireland) Act, 1898, have the special meanings so assigned to them respectively.
	Commissioners may repair drainage works.	2.—(1) The Commissioners may from time to time as and when they think fit, appoint an engineer or other competent person to inspect and report upon the state of the drainage works in any drainage district.
	(2) If it shall appear to the Commissioners, from the report of any such engineer or other person, that the drainage works in any drainage district are not in such good order, repair, and condition as to be fit and proper in the opinion of the Commissioners for their intended purpose, the Commissioners may execute such works as they shall consider necessary for the proper and effective repair of the drainage works in that drainage district, and such works may include any improvements to such drainage works which in the opinion of the Commissioners are necessary or proper and will not injuriously affect any person.
	(3) The Commissioners shall have and may exercise in relation to any works executed by them under this Act, all or any, such powers as are conferred on them by the Drainage Maintenance Act, 1866, as adapted or modified by any later enactment in relation to works executed by them under that Act.
	Transfer of drainage business to county councils.	3.—(1) Where the Commissioners execute any works under this Act in any drainage district in which the business of the drainage board or the trustees has not been transferred to a county council under section 20 of the Local Government (Ireland) Act, 1898, the Minister for Local Government and Public Health upon the completion of such works shall by order made in exercise of the powers in that behalf conferred on him by the said section 20, as amended by this section, transfer the business of the drainage board or the trustees of that drainage district to the proper county council or county councils, and for that purpose the consent of such drainage board or trustees to such transfer shall not be necessary.
	(2) No order made by the Minister for Local Government and Public Health, pursuant to the foregoing sub-section, shall require confirmation as a Provisional Order.
	Provision of money for works under this Act.	4.—(1) The money required to meet the cost of the execution of any works under this Act by the Commissioners in any drainage district shall be provided as follows:—
	(a) the Minister for Finance may pay out of moneys to be provided by the Oireachtas so much as he shall think proper of such cost but not more in any case than one-half of the total cost of the works executed under this Act in that drainage district;
	(b) the council of the county in which the drainage district or any part thereof is situate may contribute in manner hereinafter provided, so much of such cost as such council shall, with the approval of the Minister for Local Government and Public Health think proper, but the sum contributed by such council, or where the district is situate in more than one county, the total sum contributed by the councils of the several counties in which the district is situate, shall not exceed one-half of the total cost of the works executed under this Act in that district;
	(c) the balance of such cost over and above the amounts (if any) provided under the foregoing paragraphs shall be advanced by the Commissioners in manner hereinafter provided.
	(2) For the purposes, of this Act, the cost of the execution of any works shall include all expenses incidental to the execution of such works.
	Contribution by county councils.	5.—(1) For the purposes of so much of this Act as authorises a county council to make a contribution to the cost of works executed by the Commissioners under this Act, a county council may borrow money under Article 22 of the Local Government (Application of Enactments) Order, 1898, in like manner as if those purposes were mentioned in that article, and money borrowed for the purposes aforesaid shall not be reckoned as part of the debt of the county for the purposes of the said article.
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