Local Government (Reorganisation) Act, 1985, (County Borough of Galway) Order, 1985.

• Jurisdiction: Ireland
• Citation: IR SI 426/1985

S.I. No. 426 of 1985.
LOCAL GOVERNMENT (REORGANISATION) ACT, 1985, (COUNTY BOROUGH OF GALWAY) ORDER, 1985.
The Minister for the Environment in exercise of the powers conferred on him by sections 8 and 24 of the Local Government (Reorganisation) Act, 1985 (No. 7 of 1985) hereby makes the following Order a draft of which has been approved by a resolution passed by each House of the Oireachtas.
	1 Citation.	1. This Order may be cited as the Local Government (Reorganisation) Act, 1985 , (County Borough of Galway) Order, 1985.
	2 Definitions.	2. In this Order—
"the Act of 1940" means the County Management Act, 1940 (No. 12 of 1940);
"the Act of 1955" means the City and County Management (Amendment) Act, 1955 (No. 12 of 1955);
"the Act of 1985" means the Local Government (Reorganisation) Act, 1985 ;
"the appointed day" means the day appointed by order of the Minister under section 5(1) of the Act of 1985;
"the Borough" means the Borough of Galway established by the Local Government (Galway) Act, 1937 (No. 3 (P) of 1937);
"the Borough Corporation" means the Mayor, Aldermen and Burgesses of the Borough;
"the Corporation" means the Mayor, Aldermen and Burgesses of the County Borough'
"the County" means the administrative county of Galway;
"the County Borough" means the county borough of Galway;
"the County Council" means the council of the county of Galway;
"the Minister" means the Minister for the Environment.
	3 Commencement.	3. This Order shall come into operation as follows:
( a ) articles 1, 2, 3, 4, 5, 6, 7, 8 and 9 shall come into operation on the making of this Order; and
( b ) article 10 and the Schedule shall come into operation on the 1st day of January, 1986.
	4 Actions in anticipation of and to facilitate establishment of county borough.	4. (1) Subject to the provisions of this Order, the Borough Corporation, prior to the appointed day and in anticipation of the establishment of the County Borough, or the Corporation, on or after such day, and the County Council may, notwithstanding the provisions of any other enactment, do anything which may be necessary for the purpose of facilitating such establishment or which is necessary to give full effect to, or which arises from, by reason of, or is otherwise related to, such establishment.
(2) Subject to the provisions of this Order, the Minister may, notwithstanding the provisions of any other enactment, do anything which may be necessary for the purpose of facilitating the establishment of the County Borough or which is necessary to give full effect to, or which arises from, by reason of, or is otherwise related to, such establishment and may for that purpose give such directions in writing to the Borough corporation or the Corporation, as appropriate, or the County Council in relation to any matter whatsoever as he may consider necessary for such purpose and the Borough Corporation or the corporation, as appropriate, and the County Council shall comply with any such direction.
	5 Provision of services by Bounty Council.	5. (1) The County Council shall, subject to the provisions of article 6 of this Order, on and from the appointed day and notwithstanding the provisions of any other enactment, provide such services (other than a service provided by virtue of its functions as a road authority) for the Corporation as it provided immediately before such day in the Borough or for the Borough Corporation, and which, but for this article, would fall on and from that day to be provided by the Corporation and the County Council shall by virtue of this subarticle be authorised to do any act or thing in relation to the provision of such service which could be done by the Corporation in providing such service.
(2) Subject to the provisions of subarticle (3) of this article, the Corporation shall in any local financial year pay to the County Council, in respect of any service provided by that Council for the Corporation in that year pursuant to subarticle (1) of this article, an amount which is the same proportion of the cost to the County Council in that year of providing such service for the County Borough and the County as the proportion of the cost to the County council of providing such service for the County in respect of such local financial year for which the Borough Corporation would have been liable had section 5 of the Act of 1985 not been enacted.
(3) Notwithstanding the provisions of subarticle (2) of this article, the Borough corporation or the Corporation, as appropriate, and the County Council may in relation to any service provided by the County Council for the Corporation pursuant to subarticle (1) of this article, agree such terms and conditions (including financial terms and conditions as to payment, transfer of financial responsibility, or otherwise) as may be decided between the two authorities in respect of such service and on the coming into operation of any such agreement the provisions of subarticle (2) of this article shall cease to have effect in relation to such service.
	6 Cesser of provision of services by County Council.	6. (1) The Corporation may by notice in writing inform the County Council that it proposes that a service to which article 5 of this Order relates should be provided by the Corporation and such service shall, as and from a date five years from the date of such notice (or such earlier date as may be agreed between the two authorities) be provided by the Corporation and the said article shall thereupon cease to have effect in...