Local Government Act, 1955

• Jurisdiction: Ireland
• Citation: IR No. 9/1955

Number 9 of 1955.
LOCAL GOVERNMENT ACT, 1955.
ARRANGEMENT OF SECTIONS
Part I .
PRELIMINARY AND GENERAL.
Section 1. Short title, collective citation and construction. 2. Definitions. 3. Commencement. 4. Regulations. 5. Repeals.
Part II .
OFFICES AND EMPLOYMENTS AND AMENDMENTS OF THE LOCAL AUTHORITIES (OFFICERS AND EMPLOYEES) ACT, 1926.
Chapter I .
Offices and Employments.
6. Definitions for Chapter I of Part II. 7. Alteration of duties in certain cases. 8. General sanction or consent by appropriate Minister. 9. Inclusive remuneration. 10. Amalgamation of offices. 11. Determination of certain doubts, etc. 12. Amendment of section 10 of Act of 1941. 13. Amendment of sections 13 and 16 of Act of 1941. 14. Amendment of section 19 of Act of 1941. 15. Amendment of section 20 of Act of 1941. 16. Amendment of section 21 of Act of 1941. 17. Amendment of section 24 Act of 1941. 18. Amendment of section 27 of Act of 1941. 19. Amendment of section 29 of Act of 1941. 20. Restriction on power to assign remuneration. 21. Restriction on holding office or being employed. 22. Transfer of certain powers, etc. 23. Special provisions for certain persons. 24. Age limit for certain offices.
Chapter II.
Amendments of the Local Authorities (Officers and Employees) Act, 1926.
25. The Principal Act. 26. Amendment of section 2 of Principal Act. 27. Amendment of section 6 of Principal Act. 28. Amendment of section 10 of Principal Act. 29. Dispensing with competitive examination. 30. Panels of persons qualified for appointment to offices.
Part III.
ROADS.
31. Production of road materials. 32. Extension of application of Development and Road Improvement Funds Act, 1909. 33. Construction of certain expressions. 34. Declaration of main road. 35. Temporary closing of road. 36. Traffic signs on roads. 37. Patrol of places where school-children cross the road. 38. International circulation of mechanically propelled vehicles. 39. Contribution to cost of working, maintaining or improving ferry. 40. Bridges, viaducts and tunnels. 41. Schemes for cross-border bridges.
Part IV.
PROVISIONS RELATING TO LOCAL FINANCE.
42. Borrowing by way of temporary loan or overdraft. 43. Exclusion from limitation of borrowing. 44. Borrowing for maintenance of town hall. 45. Rate not to be invalidated in certain circumstances. 46. Amendment of rates to be deemed not to be reserved function. 47. Amendment of Local Authorities (Works) Act, 1949. 48. Audit fees. 49. Making of charge. 50. Amendment of section 10 of Act of 1946.
Part V.
APPROVED LOCAL COUNCILS IN COUNTY BOROUGHS.
51. Approved local councils in county boroughs. 52. Provision of buildings, etc., for approved local councils.
PART VI.
MISCELLANEOUS.
53. Amendment of sections 76 to 79 of Act of 1946. 54. Grants by county council towards provision of building by approved local council. 55. Contribution to body providing swimming facilities. 56. Decorations. 57. Contribution to body providing museum. 58. Alteration of market charges, etc. 59. Exercise or performance of power, function or duty by local authority for another local authority or for other statutory body. 60. Advisory Committees. 61. Regulations with respect to meetings, etc. 62. Standing orders for regulation of proceedings. 63. Separate appearance at local inquiry by manager. 64. Contribution towards costs and expenses in relation to local inquiry. 65. Incorporation of commissioners of town which is not an urban district. 66. Revocation of order prohibiting temporary dwellings. 67. Travelling, etc., expenses. 68. Alteration of boundaries of certain public assistance districts. 69. Provision of money for certain public assistance authorities.
FIRST SCHEDULE
Enactments Repealed
SECOND SCHEDULE
Subsections referred to in Section 24 of this Act
Acts Referred to Local Government Act, 1925 No. 5 of 1925 Local Government Act, 1941 No. 23 of 1941 Local Government Act, 1946 No. 24 of 1946 Local Government (Superannuation) Act, 1948 No. 4 of 1948 Vocational Education (Amendment) Act, 1944 No. 9 of 1944 Local Authorities (Officers and Employees) Act, 1926 No. 39 of 1926 County Management Act, 1940 No. 12 of 1940 Road Traffic Act, 1933 No. 11 of 1933 Local Authorities (Miscellaneous Provisions) Act, 1936 No. 55 of 1936 Local Authorities (Works) Act, 1949 No. 17 of 1949 Local Government (Temporary Reduction of Valuation) Act, 1954 No. 8 of 1954 Local Government (Rates on Small Dwellings) Act, 1928 No. 4 of 1928 Health Act, 1953 No. 26 of 1953 National Monuments Act, 1930 No. 2 of 1930 Mental Treatment Act, 1945 No. 19 of 1945 Local Government (Sanitary Services) Act, 1948 No. 3 of 1948 Public Libraries Act, 1947 No. 40 of 1947 Public Assistance Act, 1939 No. 27 of 1939
Number 9 of 1955.
LOCAL GOVERNMENT ACT, 1955.
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 AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [10th May, 1955.]
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, 1955.
	(2) The Local Government Acts, 1925 to 1953, and this Act may be cited together as the Local Government Acts, 1925 to 1955.
	(3) The Local Government Acts, 1925 to 1953, and this Act shall be construed together as one Act.
	Definitions.	2.—In this Act—
	“the Act of 1925” means the Local Government Act, 1925 (No. 5 of 1925);
	“the Act of 1941” means the Local Government Act, 1941 (No. 23 of 1941);
	“the Act of 1946” means the Local Government Act, 1946 (No. 24 of 1946);
	“the Minister” means the Minister for Local Government;
	“prescribed” means prescribed by the Minister by regulations made under this Act.
	Commencement.	3.—This Act (except section 24 the coming into operation of which is provided for in that section) shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.
	Regulations.	4.—(1) The Minister may make regulations prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.
	(2) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
	Repeals.	5.—The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.
PART II. Offices and Employments and Amendments of the Local Authorities (Officers and Employees) Act, 1926.
Chapter I. Offices and Employments.
	Definitions for Chapter I of Part II.	6.—In this Chapter of this Part of this Act “appropriate Minister”, “local authority”, “major office” and “office” have the same meanings respectively as in Part II of the Act of 1941.
	Alteration of duties in certain cases.	7.—Where, by an agreement or arrangement entered into under this or any other Act, a local authority exercise or perform a power, function or duty of another body—
	(a) it shall be the duty of every officer of the local authority to perform such duties appropriate to the nature of the power, function or duty as the local authority may decide, and
	(b) in case the other body is a local authority, it shall be the duty of every officer of that local authority to refrain from performing such duties appropriate to the nature of the power, function or duty as that local authority may decide.
	General sanction or consent by appropriate Minister.	8.—In relation to any power of the appropriate Minister which—
	(a) is a power under Part II of the Act of 1941, Part III of the Act of 1946 or this Chapter of this Part of this Act, and
	(b) is a power to sanction or to consent to acts of any local authorities,
	the appropriate Minister may, as respects all or any one or more of those authorities or any class of those authorities, give a general sanction or consent applying to future such acts in cases in which he is the appropriate Minister and having effect on fulfilment, and only on fulfilment, by the authority or authorities concerned of specified conditions or requirements.
	Inclusive remuneration.	9.—(1) The appropriate Minister may direct that the remuneration of all the offices in relation to which he is the appropriate Minister, or of such of those offices as belong to a specified class, description or grade, or of a specified one of those offices, shall be inclusive...