Exchequer and Local Financial Years Act (Adaptation of Enactments and Statutory Instruments) Order, 1974

• Jurisdiction: Ireland
• Citation: IR SI 215/1974
• Year: 1974

S.I. No. 215 of 1974.

EXCHEQUER AND LOCAL FINANCIAL YEARS ACT (ADAPTATION OF ENACTMENTS AND STATUTORY INSTRUMENTS) ORDER, 1974.

ARRANGEMENT OF ORDER

Article.

1. Citation.

2. Interpretation.

3. Transitional provisions relating to various enactments and statutory instruments.

4. Amendments to various enactments and statutory instruments.

FIRST SCHEDULE

Transitional provisions relating to various enactments and statutory instruments.

Paragraph.

1. Valuation (Ireland) Act, 1852 [Sections 27 and 31].

2. Valuation (Ireland) Amendment Act, 1854 [Section 5].

3. Public Health (Ireland) Act, 1878 [Section 65A (7)].

4. University Education (Agriculture and Dairy Science) Act, 1926 [Sections 12 (1) and 13 (1)].

5. Barrow Drainage Act, 1927 [Section 21 (2)].

6. Local Government (Rates on Small Dwellings) Act, 1928 [Sections 6 and 8 (3)].

7. Dublin Port and Docks (Bridges) Act, 1929 [Sections 26 and 27].

8. Local Government (Dublin) Act, 1930 [Section 71 (1)].

9. Vocational Education Act, 1930 [Sections 45 (2), 46 (1) (c) and 46 (1) (d)].

10. Unemployment Assistance Act, 1933 [Sections 26 (1) and 26 (2)].

11. Limerick City Management Act, 1934 [Section 29 (1)].

12. Galway Harbour Act, 1935 [Sections 47 (2), 47 (3) (c) and 47 (8)].

13. Waterford City Management Act, 1939 [Section 28 (1)].

14. Cork City Management (Amendment) Act, 1941 [Section 20 (1)].

15. Local Government Act, 1941 [Sections 68 and 88 (1)].

16. Arterial Drainage Act, 1945 [Section 37 (1) ( f )].

17. Local Government Act, 1946 [Sections 14 (1) and 23 (1)].

18. Local Government (Temporary Reduction of Valuation) Act, 1954 [Section 4].

19. Local Government (Superannuation) Act, 1956 [Sections 30 (2), 33, 34 (2), 34 (3) and 44 (3)].

20. Agriculture (Amendment) Act, 1958 [Section 2 (1)].

21. Housing Act, 1966 [Section 33].

22. Local Government (Adaptation of Irish Enactments) Order, 1899 [Articles 37 (d) and 37 (n)].

23. Vocational Education (Accounts, Audit and Procedure) Regulations, 1931 [Regulation 33 and Form V.15].

24. Vocational Education Act, 1930 (Sections 44 and 46) Regulations, 1945 [Regulations 4 and 5 and Forms V.I, V.2 and V.3].

SECOND SCHEDULE

Amendments to various enactments and statutory instruments.

PART I

ENACTMENTS

Public Health (Ireland) Act, 1878 [Section 65A (7)].

Roads Act, 1920 [Section 3 (5)].

Barrow Drainage Act, 1927 [Section 21 (2)].

Dublin Port and Docks (Bridges) Act, 1929 [Section 26].

Vocational Education Act, 1930 [Sections 44 (1), 46 (1) (d), 100 (1) and 100 (3)].

Unemployment Assistance Act, 1933 [Section 26 (2)].

Galway Harbour Act, 1935 [Sections 47 (3) (b) and 47 (3) (c)].

Unemployment Assistance (Amendment) Act, 1938 [Sections 2 and 3].

Unemployment Assistance (Amendment] Act, 1940 [Section 2 (g)].

Local Government Act, 1941 [Section 68 (1)].

Vocational Education (Amendment) Act, 1944 [Section 5 (1)].

Arterial Drainage Act, 1945 [Sections 37 (1) (c), 37 (1) (d), 37 (1) (e), 37(1) ( f ) and 37 (1) (g)].

Local Government (Superannuation) Act, 1956 [Sections 5 (2) and 31 (1)].

Seeds and Fertilisers Supply Act, 1956 [Section 4].

Social Welfare (Occupational Injuries) Act, 1966 [Section 37 (12) (b)].

PART II

STATUTORY INSTRUMENTS

Local Government (Adaptation of Irish Enactments) Order, 1899 [Articles 37 (d), 37 ( f ) and 37 (n)].

Vocational Education (Accounts, Audit and Procedure) Regulations, 1931 [Regulation 33 (1) and Form V.15].

Vocational Education Act, 1930 (Sections 44 and 46) Regulations, 1945 [Regulation 5 and Forms V.1, V.2 and V.3].

FIRST TABLE

Text of various enactments and statutory instruments incorporating the permanent amendments effected by Article 4 and the Second Schedule.

Paragraph.

1. Public Health (Ireland) Act, 1878 [Section 65A (7)].

2. Roads Act, 1920 [Section 3 (5)].

3. Barrow Drainage Act, 1927 [Section 21 (2)].

4. Dublin Port and Docks (Bridges) Act, 1929 [Section 26].

5. Vocational Education Act, 1930 [Sections 44 (1), 46 (1) (d), 100 (1) and 100 (3)].

6. Unemployment Assistance Act, 1933 [Section 26 (2)].

7. Galway Harbour Act, 1935 [Section 47 (3)].

8. Unemployment Assistance (Amendment) Act, 1938 [Sections 2 and 3].

9. Unemployment Assistance (Amendment) Act, 1940 [Section 2 (g)].

10. Local Government Act, 1941 [Section 68 (1)].

11. Vocational Education (Amendment) Act, 1944 [Section 5 (1)].

12. Arterial Drainage Act, 1945 [Sections 37 (1) (c), 37 (1) (d), 37 (1) (e), 37 (1) ( f ) and 37 (1) (g)].

13. Local Government (Superannuation) Act, 1956 [Sections 5 (3) and 31 (1)].

14. Seeds and Fertilisers Supply Act, 1956 [Section 4].

15. Social Welfare (Occupational Injuries) Act, 1966 [Section 37 (12) (b)].

16. Local Government (Adaptation of Irish Enactments) Order, 1899 [Articles 37 (d), 37 (f) and 37 (n)].

17. Vocational Education (Accounts, Audit and Procedure) Regulations, 1931 [Regulation 33 (1)].

18. Vocational Education Act, 1930 (Sections 44 and 46) Regulations, 1945 [Regulation 5].

SECOND TABLE

PART I

Amended Form V.15 for the transitional period.

PART II

Amended Form V.1 for the transitional period.

PART III

Amended Form V.2 for the transitional period.

PART IV

Amended Form V.3 for the transitional period.

PART V

Amended Form V.15 for calendar financial years.

PART VI

Amended Form V.1 for calendar financial years.

PART VII

Amended Form V.2 for calendar financial years.

PART VIII

Amended Form V.3 for calendar financial years.

S.I. No. 215 of 1974.

EXCHEQUER AND LOCAL FINANCIAL YEARS ACT (ADAPTATION OF ENACTMENTS AND STATUTORY INSTRUMENTS) ORDER, 1974.

I, RICHIE RYAN, Minister for Finance, in exercise of the powers conferred on me by section 5 of the Exchequer and Local Financial Years Act, 1974 (No. 3 of 1974), hereby order as follows: 1. This Order may be cited as the Exchequer and Local Financial Years Act (Adaptation of Enactments and Statutory Instruments) Order, 1974. 2. In this Order—

"the Act of 1970" means the Decimal Currency Act, 1970 (No. 21 of 1970);

"the section" means section 4 of the Exchequer and Local Financial Years Act, 1974 (No. 3 of 1974);

"the transitional period" means the period beginning on the 1st day of April, 1974, and ending on the 31st day of December, 1974. 3. Each of the amendments of enactments and statutory instruments set out in the First Schedule to this Order is hereby made. 4. (1) The enactments and statutory instruments mentioned in the Second Schedule to this Order are each hereby amended in the manner set out in column (3) of that Schedule opposite the mention of the statute or statutory instrument.

(2) Unless the relevant manner of amendment set out in column (3) of the Second Schedule to this Order otherwise provides, an amendment effected by paragraph (1) of this Article shall come into force on the 1st day of January, 1975.

FIRST SCHEDULE

Amendments referred to in Article 3.

1. The following provisions shall apply in relation to the Valuation (Ireland) Act, 1852 (1852, c. 63):

( a ) section 27, as amended by section 6 of the Statute Law Revision Act, 1875 (1875, c. 4), and by the Local Government (Adaptation of Irish Enactments) Order, 1899, shall be construed and have effect as

(i) requiring every rate made in the period beginning on the 1st day of March, 1974, and ending on the 31st day of August, 1974, to be made according to the valuation of each hereditament or tenement as shown in the Interim List of Revised Valuations or, in the case of any hereditament or tenement not shown in the said Interim List, to be made according to the Revised List of the Valuation made out in 1973, as finally revised, and

(ii) requiring the council making the rate, in the event of any revision of the valuation, made public in the Final Revised Valuation List but not included in the Interim List of Revised Valuations, to repay any sum paid in respect of the rate for the transitional period in excess of the sum which would have been payable if the rate in such period on the said hereditament or tenement had been made on the valuation made public in the Final Revised Valuation List, and

( b ) section 31, as amended by Part VI of the Sixth Schedule to the Local Government (Ireland) Act, 1898 (1898, c. 37), and by the Local Government (Adaptation of Irish Enactments) Order, 1899, shall be construed and have effect as providing that any owner or occupier who wishes to send or deliver a notice setting forth grounds of grievance by reason of a revised valuation or a statement of area or a description contained in the Final Revised Valuation List prepared and made public in 1974 shall do so not later than the 29th day of September, 1974, and that

(i) in case the decision on any such appeal results in a reduction in the rate to be paid by the appellant, the decision shall have effect as from the transitional period, and

(ii) in case such decision results in an increase in the rate to be paid by the appellant, the decision shall have effect from the local financial year beginning on the 1st day of January, 1975.

2. (1) Section 5 of the Valuation (Ireland) Amendment Act, 1854 (1854, c. 8), as amended by the Statute Law Revision Act, 1892 (1892, c. 19), and by the Local Government (Adaptation of Irish Enactments) Order, 1899, shall be construed and have effect as providing that

( a ) the list or lists prepared by the Commissioner of Valuation in 1974 shall be known and referred to as the Final Revised Valuation List,

( b ) in 1974 the said Commissioner shall also, before the 1st day of March, likewise make out and prepare and sign and transmit to the secretary of the county council or to the clerk of the urban district council, as the case requires, a list which shall be known and referred to as the Interim List of Revised Valuations, and that that list shall contain particulars of the revision of such valuations as shall have...