Local Government Act, 1941

• Jurisdiction: Ireland
• Citation: IR No. 23/1941

Number 23 of 1941.
LOCAL GOVERNMENT ACT, 1941.
ARRANGEMENT OF SECTIONS
PART I.
Preliminary and General.
Section 1. Short title and collective citation. 2. Definitions. 3. Commencement. 4. Regulations. 5. Repeals.
PART II.
Offices and Employments Under Local Authorities.
Chapter I.
General.
6. Additional local authorities for purposes of this Part of this Act. 7. “Office.” 8. The appropriate Minister. 9. “Major office.” 10. General provision in relation to appointments, duties, and remunerations. 11. Directions to appoint officers. 12. Determination of certain doubts, etc. 13. Revocation and amendment of Orders, etc., under this Part of this Act. 14. Continuance of certain Orders. 15. Preservation of necessity for sanction of Minister for Finance. 16. Application of this Part of this Act to existing officers. 17. Exclusion of certain offices from this Part of this Act. 18. Repeal of certain powers and conditions.
Chapter II.
Provisions applicable to both major and other offices.
19. General Regulations in relation to offices and their holders. 20. Powers of appropriate Minister in relation to duties of office. 21. Qualifications for offices. 22. Inclusive remuneration. 23. Age limit. 24. Requisition to resign from office. 25. Removal from office by appropriate Minister. 26. Removal from office by local authority. 27. Suspension of officers.
Chapter III.
Provisions applicable to major offices only.
28. Restrictions on appointments to certain major offices. 29. Fixing by appropriato Minister of remuneration of major office. 30. Restriction on remuneration of major offices in certain cases. 31. Provisions applicable where holder of major office is appointed to another major office. 32. Amalgamation of major offices.
PART III.
Constitution and Procedure of Local Authorities.
33. Number of members of councils of counties. 34. Constitution and election of certain urban authorities. 35. Division of boroughs and urban districts into two or more electoral areas. 36. Aldermen of borough after uncontested election. 37. Failure to nominate sufficient persons to form quorum. 38. Insufficiency of nominations not resulting in failure to form quorum. 39. Conduct of elections, etc. 40. Failure to accept office. 41. Doing of acts and deciding of questions at meetings. 42. Casual vacancies in certain urban authorities. 43. Procedure at election of lord mayor, mayor or chairman
PART IV.
Removal from Office of the Members of a Local Authority.
44. Removal from office of the members of a local authority. 45. Holding of new election after removal of members. 46. Matters consequential on election petition. 47. Evidence of nomination. 48. Appointment of commissioners. 49. Exercise of powers, etc., by commissioners. 50. Tenure of office and remuneration of commissioners. 51. Dissolved local authorities. 52. Subsidiary bodies. 53. Orders enabling this Part of this Act to have full force and effect. 54. Adaptation of existing enactments. 55. Continuity of existence.
PART V.
Provisions in Relation to Rates.
56. Restriction on application of Local Government (Rates on Small Dwellings) Act, 1928. 57. Disqualification for non-payment of rates. 58. Discharge of rates by setting off. 59. Distress in respect of rates. 60. Amendment of rates. 61. Rating of divided hereditaments. 62. Giving of notices under this Part of this Act 7.
PART VI.
Provisions in Relation to Borrowing by Local Authorities.
63. Restrictions on application of limitations on borrowing. 64. Extension of Local Authorities (Financial Provisions) Act, 1921. 65. Amendment of sub-section (3) of section 3 of the Local Authorities (Financial Provisions) Act, 1921. 66. Borrowing by public assistance authorities.
PART VII.
Provisions Relating to Audit of Accounts, etc.
67. Additional local authorities for the purposes of this Part of this Act. 68. Preparation and audit of accounts. 69. Audit fees. 70. Amendment of section 12 of the Local Government (Ireland) Act, 1871. 71. Recovery of surcharges, etc.
PART VIII.
Approved Local Councils.
72. Approved local councils. 73. Provision of buildings, etc., for approved local councils. 74. Delegation of certain powers and duties to approved local councils. 75. Expenses of county council under this Part of this Act.
PART IX.
Miscellaneous.
76. Restriction on amount of allowances under Local Government (Ireland) Act, 1919. 77. Treasurer in the case of a county or other borough. 78. Reckoning of service in a temporary capacity. 79. Joint mental hospitals. 80. Travelling expenses of county councillors. 81. District electoral divisions. 82. Annuities and other payments to the Irish Land Commission or to the Commissioners of Public Works on land acquired by a local authority. 83. Local inquiries. 84. Returns, information, etc. 85. Power of inspector to visit premises. 86. Powers of inspectors and auditors to obtain evidence, etc. 87. Vaccination. 88. Contributions by urban authorities to approved associations. 89. Contributions to associations supplementing library services. 90. Appointment of first county managers and assistant county managers.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
Acts Referred to Local Government (Temporary Provisions) Act, 1923 No. 9 of 1923 Electoral Act, 1923 No. 12 of 1923 Electoral Abuses Act, 1923 No. 38 of 1923 Local Government Act, 1925 No. 5 of 1925 Local Authorities (Officers and Employees) Act, 1926 No. 39 of 1926 Local Elections Act, 1927 No. 39 of 1927 Local Government Act, 1927 No. 3 of 1927 Local Elections (Dissolved Authorities) Act, 1927 No. 14 of 1927 Old Age Pensions Act, 1932 No. 18 of 1932 Courthouses (Provision and Maintenance) Act, 1935 No. 18 of 1935 Pounds (Provision and Maintenance) Act, 1935 No. 17 of 1935 Local Government (Dissolved Authorities) Act, 1935 No. 41 of 1935 Local Government Act, 1931 No. 19 of 1931 Local Government (Rates on Small Dwellings) Act, 1928 No. 4 of 1928 County Management Act, 1940 No. 12 of 1940 Local Government (Temporary Provisions) (Amendment) Act, 1924 No. 13 of 1924 Waterford City Management Act, 1939 No. 25 of 1939 Public Assistance Act, 1939 No. 27 of 1939 Local Government Act, 1933 No. 5 of 1933 Local Government (Amendment) Act, 1934 No. 5 of 1934 Local Government (Amendment) (No. 2) Act, 1934 No. 44 of 1934 Local Government Act, 1936 No. 46 of 1936 Local Government (Amendment) Act, 1939 No. 9 of 1939
Number 23 of 1941.
LOCAL GOVERNMENT ACT, 1941.
AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO LOCAL GOVERNMENT AND TO MAKE CERTAIN AMENDMENTS IN THE LAW RELATING TO LOCAL GOVERNMENT. [23rd September, 1941.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I. Preliminary and General.
	Short title and collective citation.	1.—(1) This Act may be cited as the Local Government Act, 1941.
	(2) This Act and the Acts mentioned in the First Schedule to this Act may be cited together as the Local Government Acts, 1925 to 1941.
	Definitions.	2.—(1) In this Act—
	the expression “the Minister” means the Minister for Local Government and Public Health;
	the expression “the Act of 1923” means the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923);
	the expression “the Act of 1925” means the Local Government Act, 1925 (No. 5 of 1925);
	the expression “the Act of 1926” means the Local Authorities (Officers and Employees) Act, 1926 , (No. 39 of 1926);
	the expression “the Act of 1927” means the Local Government Act, 1927 (No. 3 of 1927);
	the word “hereditament” includes a tenement;
	the word “prescribed” means prescribed by the Minister by regulations made under this Act.
	(2) Each of the following bodies (whether corporate or unincorporated) shall be a local authority for the purposes of this Act and the Acts which may be collectively cited with this Act, that is to say:—
	(a) a council of a county, a corporation of a county or other borough, a council of an urban district, a public assistance authority, commissioners of a town, a port sanitary authority, and
	(b) a committee or joint committee or board or joint board (whether corporate or unincorporated) appointed by or under statute to perform the functions or any of the functions of any of the bodies mentioned in the immediately preceding paragraph of this sub-section, and
	(c) a committee or joint committee or board or joint board (whether corporate or unincorporated), other than a vocational education committee or a committee of agriculture of or appointed by one or more of the bodies mentioned in paragraph (a) of this sub-section.
	(3) No body which by any enactment in force immediately before the commencement of this section is declared to be a local authority for the purpose of any particular provision of the Acts which...