Local elections act, 1953

Enactment Date18 June 1953
Act Number15


Number 15 of 1953.


LOCAL ELECTIONS ACT, 1953.


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Election years.

3.

Amendment of School Attendance Act, 1926.

4.

Amendment of Vocational Education Acts, 1930 to 1950.

5.

Amendment of Agriculture Acts, 1931 to 1948.

6.

Amendment of Local Government Act, 1941.

7.

Amendment of Harbours Act, 1946.

8.

Term of office of members of certain bodies.

9.

Saving for disqualification in certain cases.

10.

Adaptation of enactments.

11.

Holding of certain meetings.

12.

Repeals.

13.

Short title and collective citation.

SCHEDULE.


Acts Referred to

Local Government Act, 1941

No. 23 of 1941

School Attendance Act, 1926

No. 17 of 1926

Local Elections Act, 1927

No. 39 of 1927

Harbours Act, 1946

No. 9 of 1946

Local Elections Act, 1948

No. 8 of 1948


Number 15 of 1953.


LOCAL ELECTIONS ACT, 1953.


AN ACT TO ALTER THE TIMES FOR HOLDING ELECTIONS OF MEMBERS OF CERTAIN LOCAL AUTHORITIES AND TO MAKE PROVISIONS CONSEQUENTIAL ON OR INCIDENTAL TO SUCH ALTERATION. [18th June, 1953.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Interpretation.

1.—(1) In this Act—

“local authority” means any of the following bodies:

(a) the council of a county,

(b) the corporation of a county or other borough,

(c) the council of an urban district,

(d) the commissioners of a town;

“the Minister” means the Minister for Local Government.

(2) Notwithstanding anything contained in this section, a reference in this Act to a meeting, member or membership of a local authority shall, where the local authority in question are a corporation of a county or other borough, be construed as a reference to a meeting, member or membership of the council established by law in respect of such county or other borough.

Election years.

2.—(1) An election of members of every local authority shall be held in the year 1955.

(2) After the year 1955, an election of members of every local authority shall be held in every fifth successive year after the year in which the immediately previous such elections were held.

(3) An election of members of a local authority shall not be held between the passing of this Act and the election pursuant to subsection (1) of this section of members of such authority and the term of office of the members of such authority current at the passing of this Act shall stand extended accordingly.

(4) Nothing in this section shall affect Part IV of the Local Government Act, 1941 (No. 23 of 1941), or any order made under that Part.

(5) Where any act, matter or thing which was done or omitted by any local authority or by any member or officer thereof (including a returning officer) before the passing of this Act would have been lawfully done or omitted if this section had then been in operation, such act, matter or thing shall be deemed to have been lawfully done or omitted.

Amendment of School Attendance Act, 1926.

3.—(1) Notwithstanding anything contained in section 10 of the School Attendance Act, 1926 (No. 17 of 1926)—

(a) an appointment of members of every school attendance committee shall be made in the year 1955,

(b) an appointment of members of a school attendance committee shall not be made between the passing of this Act and the appointment pursuant to the immediately preceding paragraph of members of such authority, and

(c) any term of office of a member of a school attendance committee current at the passing of this Act which, apart from this paragraph, would expire before the 31st day of December, 1955, shall stand extended to that day.

(2) After the appointments pursuant to paragraph (a) of subsection (1) of this section, section 10 of the School Attendance Act, 1926 , shall have effect—

(a) with the substitution of “quinquennially” for “triennially” and “five” for “three” in subsection (3), and

(b) with the substitution of “quinquennial” for “triennial” wherever the latter word occurs in subsection (4).

Amendment of Vocational Education Acts, 1930 to 1950.

4.—In the Vocational Education Acts, 1930 to 1950, and in any order or regulation made thereunder “election year” shall, in lieu of having the meaning which it had immediately before the passing of this Act, mean any year in which elections of members of local authorities are held pursuant to section 2 of this Act and the expression “quinquennial meeting” shall be substituted for “triennial meeting”.

Amendment of Agriculture Acts, 1931 to 1948.

5.—In the Agriculture Acts, 1931 to 1948, “election year” shall, in lieu of having the meaning which it had immediately before the passing of this Act, mean any year in which elections of members of local authorities are held pursuant to section 2 of this Act.

Amendment of Local Government Act, 1941.

6.—(1) In subsection (2) of section 45 of the Local Government Act, 1941 (No. 23 of 1941), “five years” shall be substituted for “three years” wherever the latter words occur in the subsection.

(2) Where, by reason of the members of the council of a county being removed from office, the day on which any such election as is referred to in subsection (2) of section 5 of the Local Elections Act, 1927 (No. 39 of 1927), is to be held cannot be ascertained pursuant to that subsection, the election shall be held on such day as the Minister fixes by order.

Amendment of Harbours Act, 1946.

7.—The following subsection shall be substituted for subsection (2) of section 9 of the Harbours Act, 1946 (No. 9 of 1946):

“(2) In addition to the first election year, every year thereafter which is a year...

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