Local Government Act, 1946

JurisdictionIreland
CitationIR No. 24/1946
Year1946


Number 24 of 1946.


LOCAL GOVERNMENT ACT, 1946.


ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

1.

Short title, collective citation and construction.

2.

Definitions.

3.

Commencement.

4.

Regulations.

5.

Repeals.

6.

Adaptation of existing enactments.

PART II.

Expenses of Certain Local Authorities.

7.

The county fund of council of county.

8.

Sums received by council of county.

9.

Payments by council of county.

10.

Areas of charge of expenses of council of county.

11.

Obtaining of funds by council of county.

12.

The county rate of council of county.

13.

Special provisions in relation to town charges.

14.

Rates on vacant premises in county.

15.

The municipal fund of urban authority.

16.

Sums received by urban authority.

17.

Payments by urban authority.

18.

The municipal rate of urban authority.

19.

Cesser of existing rates in urban area.

20.

Adjustment of rents in certain cases in urban area.

21.

Rating of certain classes of property in urban area.

22.

Existing loans of urban authority.

23.

Rates on vacant premises in urban area.

24.

Saver for borough of Dún Laoghaire.

25.

Provisions in relation to the agricultural grant.

26.

Expenses of commissioners of town not an urban district.

27.

Loans of commissioners of town not an urban district.

28.

Adjustment of rent in certain cases in town.

29.

Making of rate.

30.

Insufficiency of rates.

31.

Validation of town rates for 1946-1947.

32.

Reduction of rate in pound determined by council of a county for 1946–1947.

33.

Variation of division of rated area into collection districts.

34.

Restriction on application of Local Government (Rates on Small Dwellings) Act, 1928, and payment to rating authorities of certain moneys purported to have been collected under the said Act in respect of rates.

PART III.

Offices and Employments under Local Authorities.

35.

Definitions for Part III.

36.

Amalgamation of offices.

37.

Retention of office by married women.

38.

Performance of duties of office by deputy.

39.

Restriction on officers engaging in other gainful occupations.

40.

Amendment of section 21 of the Act of 1941.

41.

Amendment of subsection (1) of section 26 of Act of 1941.

42.

Remuneration of servants and of certain officers.

PART IV.

Construction and Reconstruction of Bridges, Viaducts and Tunnels.

43.

Definitions for Part IV.

44.

Application for bridge order.

45.

Appointment of joint committee of road authorities to consider proposals for an application for a bridge order etc.

46.

Preliminary report.

47.

Local inquiry.

48.

Making of bridge order.

49.

Refusal of application for bridge order.

50.

Executing authority.

51.

The plans.

52.

Execution of the work.

53.

Contribution to expenses.

54.

Entry on land, etc.

55.

Transfer to executing authority of certain powers and duties.

56.

Application of certain portions of Part IV to harbour authorities.

57.

Application of certain portions of Part IV to person other than road authority.

58.

Classification of expenses incurred under Part IV by a road authority.

59.

Description of work.

60.

General restriction as respects navigable water.

61.

Borrowing for bridge construction.

PART V .

Miscellaneous.

62.

Voting by chairman at meeting of council of county.

63.

Equality of votes at meeting of committee of local authority.

64.

Additional ground for removal from office of members of local authority.

65.

Cesser of membership of subsidiary body on removal of members of local authority.

66.

Quorum of commissioners of town.

67.

Travelling expenses of members of local authorities.

68.

Accounts of certain public bodies.

69.

Traffic signs on roads.

70.

Order requiring works for maintenance of bridge.

71.

Undertaking of works jointly with harbour authority.

72.

Scales of maximum expenses for elections.

73.

Insurance against risk of damage or loss.

74.

Duty of rate collector to furnish certain particulars.

75.

Band performances.

76.

Changing of name of urban district or town.

77.

Changing of name of townland or non-municipal town.

78.

Changing of name of street.

79.

Changing of name of locality.

80.

Investment by local authority for the purposes of loan or sinking fund.

81.

Investment for permanent benefit of inhabitants of functional area of local authority.

82.

Acquisition of land.

83.

Disposal of land not required.

84.

Powers of road authorities in relation to land severed as the result of road operations and in relation to roads no longer required for public use.

85.

Borrowing by urban authorities for purpose of construction and maintenance of roads.

86.

Borrowing by council of county as public assistance authority.

87.

Issue of stock.

88.

Construction of references, in Local Government Acts, 1925 to 1941, to holding a local inquiry.

89.

Temporary appointment of specially qualified inspector to hold local inquiry.

90.

Separate appearance at local inquiry by manager.

91.

Contribution towards costs and expenses in relation to local inquiry.

92.

Application of section 83 of Act of 1941.

93.

Notice by inspector or auditor requiring attendance of witness.

94.

Jurisdiction of District Court in proceedings under section 71 of Act of 1941.

95.

Amendment of section 2 of Local Authorities (Officers and Employees) Act, 1926.

96.

Amendment of subsection (1) of section 3 of Local Government (Collection of Rates) Act, 1924.

97.

Amendment of section 34 of Local Government Act, 1925.

98.

Amendment of section 39 of the Act of 1941.

99.

Application of section 80 of the Act of 1941.

FIRST SCHEDULE.

SECOND SCHEDULE.


Acts Referred to

Local Government Act, 1941

No. 23 of 1941

Local Authorities (Acceptance of Gifts) Act, 1945

No. 30 of 1945

Local Government (Rates on Small Dwellings) Act, 1928

No. 4 of 1928

Rent Restrictions Act, 1946

No. 4 of 1946

Enforcement of Court Orders Act, 1926

No. 18 of 1926

Finance Act, 1944

No. 18 of 1944

Rates on Agricultural Land (Relief) Act, 1939

No. 23 of 1939

Local Government Act, 1925

No. 5 of 1925

County Management Act, 1940

No. 12 of 1940

Harbours Act, 1946

No. 9 of 1946

Unemployment (Relief Works) Act, 1940

No. 34 of 1940

Courts of Justice Act, 1924

No. 10 of 1924

Courts of Justice Act, 1936

No. 48 of 1936

Local Authorities (Officers and Employees) Act, 1926

No. 39 of 1926

Local Government (Collection of Rates) Act, 1924

No. 11 of 1924


Number 24 of 1946.


LOCAL GOVERNMENT ACT, 1946.


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. [7th August, 1946.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I

Preliminary and General

Short title, collective citation and construction.

1.—(1) This Act may be cited as the Local Government Act, 1946.

(2) The Local Government Acts. 1925 to 1941, and this Act may be cited together as the Local Government Acts, 1925 to 1946.

(3) The Local Government Acts, 1925 to 1941, and this Act shall be construed together as one Act.

Definitions.

2.—In this Act—

the expression “the Act of 1941” means the Local Government Act, 1941 (No. 23 of 1941);

the expression “county-at-large charges” has the meaning specified in subsection (2) of section 10 of this Act;

the expression “the county fund” has the meaning specified in section 7 of this Act;

the expression “the county rate” has the meaning specified in subsection (1) of section 12 of this Act;

the word “hereditament” includes a tenement;

the expression “the Minister” means the Minister for Local Government and Public Health;

the expression “the municipal fund,” in relation to an urban authority, has the meaning specified in subsection (1) of section 15 of this Act;

the expression “the municipal rate,” in relation to an urban authority, has the meaning specified in subsection (1) of section 18 of this Act;

the word “prescribed” means prescribed by the Minister by regulations made under this Act;

the expression “rating authority” means—

(a) the council of a county,

(b) the corporation of a county borough, or

(c) the urban authority of an urban area;

the expression “reserved function” means—

(a) as respects the council of a county or an elective body for the purposes of the County Management Acts, 1940 and 1942, a reserved function for the purposes of the County Management Acts, 1940 and 1942, and

(b) as respects the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the borough;

the expression “road authority” means—

(a) the council of a county,

(b) the corporation of a county borough, or

(c) the urban authority of an urban area;

the expression “town charges” has the meaning specified in subsection (4) of section 10 of this Act;

the expression “urban area” means—

(a) a borough other than a...

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