The Public Bodies Order, 1929

• Jurisdiction: Ireland
• Citation: IR SI 43/1929
• Year: 1929

STATUTORY RULES AND ORDERS. 1929. No. 43.

THE PUBLIC BODIES ORDER, 1929

No. 38,111/1929. 1.—(1.) This Order may be referred to as " The Public Bodies Order, 1929."

(2.) The Public Bodies Orders, 1925 to 1927, and this Order shall be read as one Order and may be referred to collectively as " The Public Bodies Orders, 1925 to 1929."

(3.) In this Order unless inconsistent with the context,

(a) the expression " the Act of 1928 " shall mean the Local Government (Rates on Small Dwellings) Act, 1928 ;

(b) every expression which is defined in the Act of 1928 shall have the same meaning as in the Act of 1928 ; and

(c) the expression " discount period " means in relation to the rate on a small dwelling the period within which payment of nine-tenths of such rate may be deemed to be full payment and satisfaction thereof under the provisions of Section 10 of the Act of 1928, that is to say either

(i) three months from the making of such rate, or

(ii) two months from the issue of a demand note for such rate in accordance with this Order, whichever of these periods shall last expire.

(4.) The Schedule to this Order shall be read and have effect as part of this Order. 2. Every form set forth in the first part of the Schedule to this Order shall be substituted for and used for the same purposes as the form bearing the same number in the Schedule to the Principal Order. 3.—(1.) The following portions of the Principal Order relating to the collection of Poor Rate by County and Urban District Councils, that is to say, Articles 92 to 109 (inclusive), shall apply to the collection of any rate (other than poor rate) raised by the Council of a borough or other urban district in the same manner as they apply to the collection of Poor Rate by such a council, and for the purpose of such application the forms required for compliance with the said Articles shall be modified, according as the nature and incidence of every such rate may require.

(2.) The application of Article 101 of the Principal Order by the foregoing sub-article to the collection of any rate (other than poor rate) shall not be deemed to affect the terms of remuneration of any collector of such rate who is in office at the date of this Order. 4. For Article 102 of the Principal Order there shall be substituted a new Article as follows :—

Article 102.—(1) Every collector of rate shall, not later than one week after the close of the financial year for which the rates are made, prepare a Schedule of uncollected rates for the year (Form 53) showing which of the said rates he claims to be irrecoverable, and shall verify such Schedule by making the statutory declaration in the prescribed form. Such Schedule when prepared and verified shall be transmitted by the collector to the secretary or clerk.

(2.) Not later than fourteen days after the expiration of every financial year, the secretary or clerk shall prepare for the Council a report showing the state of the collection of the rate for such financial year by every collector, together with the comments of the secretary or clerk on the said collection and on the Schedule submitted by the collector under the foregoing sub-article, and such other matters relating to the said collection as the secretary or clerk may consider proper for consideration by the Council.

(3.) At a meeting to be held not later than one month after the expiration of every financial year the Council shall investigate the accounts of their collectors of rate for such year and shall consider the Schedule and reports prepared under this Article. After such investigation and consideration the council may in respect of any of the rates which a collector shall have failed to collect either declare the same to be irrecoverable, or, if the Council are of opinion that such rate is temporarily uncollectable for some sufficient cause and without default by the collector, declare the same to be temporarily uncollectable. Where the Council so declare a rate to be temporarily uncollectable they shall direct the same to be carried into the next warrant for collection. Where the Council are not satisfied that there is sufficient cause, without default by the collector, for his failure to collect any rate, they shall require the collector to lodge immediately the amount of such rate or any portion thereof which the collector has not already lodged.

(4.) Every collector of rate shall transmit to the secretary or clerk, at least three days before the meeting of the Council at which his accounts are to be investigated, the unused receipt forms for every rate which he has failed to collect together with a list of any rates collected by him subsequent to the compilation of the Schedule of uncollected rates and such forms shall be produced at such meeting for the inspection of the Council. Immediately after such meeting the secretary or clerk shall cancel all unused receipt forms for rates which the Council have declared to be irrecoverable or temporarily uncollectable and shall retain the same for production to the Auditor. The unused receipt forms for rates not declared irrecoverable or temporarily uncollectable shall be returned to the collector forthwith.

(5.) After the meeting of the Council at which the accounts of a collector of rate have been investigated, if such collector has lodged an amount exceeding the portion of his warrant or warrants which has not been declared by the Council to be irrecoverable or temporarily uncollectable the amount of such excess shall be refunded to the collector.

(6.) There shall be refunded to any collector of rate who has lodged in any financial year with treasurer the full amount of his warrant or warrants :—

(a) the amount of any rate or rates which the Council have declared irrecoverable under this Article, free of any deduction in respect of poundage, and

(b) the amount of any rate or rates which the Council have declared temporarily uncollectable, after deducting from such amount the amount of any poundage allowed or paid in respect of such rate or rates.

(7.) There shall be deducted from the amount of rates to be refunded to a collector who has not lodged with the treasurer the full amount of his warrant or warrants during the local financial year, the amount of any poundage allowed or paid in respect of such rates.

(8.) Save in accordance with this Article no rates lodged by a collector of rate with the treasurer shall be refunded to such collector.

(9.) The Council may, and shall if the Minister so direct, publish a full and accurate list of such rates for a local financial year as were unpaid in any collection district after the close of such year. 5. For sub-article (4) of Article 103 of the Principal Order there shall be substituted a new sub-article as follows :—

" (4.) To remit to or lodge with the treasurer of the Council all moneys collected by him within forty-eight hours (exclusive of Sundays and public holidays) of such collection, and to take from the said treasurer and produce to the secretary of the Council, or to the rate inspector or to the clerk of the Council, as the case may be, a receipt (Form 54) for every such remittance or lodgment." 6. Every rating authority shall, in accordance with Article 100 of the Principal Order, prepare for and issue to each collector of rate whose collection district comprises any small dwellings of which the owner is not the occupier a separate collecting book of receipt and demand notes for such small dwellings. Such collecting book shall be in accordance with Form 52A in the second part of the Schedule to this Order. 7.—(1.) In respect of every rate on a small dwelling the rating authority shall comply with the provisions of sub-section (4) of Section 4 of the Act of 1928, by the issue from the collecting book of the demand note prepared in respect of such small dwelling to the owner of such small dwelling in the manner prescribed by the said sub-section for furnishing to such owner particulars of such rate.

(2.) Every such demand note shall be issued by the collector not more than one month after the making of the rate to which it relates.

(3.) It shall be the duty of the secretary or clerk of a rating authority to see that every collector complies with the provisions of the foregoing sub-article and for that purpose every collector shall, when all the demand notes for the rates in respect of the small dwellings in his collection district have been issued, make a report to that effect to the secretary or clerk. 8.—(1.) Immediately after the expiration of the discount period every collector of rates shall remove from his collecting book and transmit to the secretary or clerk of the rating authority an unissued receipt relating to each small dwelling in his collection district.

(2.) Where payment of the rate on the small dwelling has been made during the discount period, the receipt to be so removed and transmitted shall be in the form set out in Section B (1) of Form 52A, and in every other case the receipt to be so removed and transmitted shall be in the form set out in Section B (2) of Form 52 (A).

(3.) The secretary or clerk to a rating authority shall mark every receipt transmitted to him under this Article with the word " cancelled," and shall retain such receipt for production to the Auditor. 9.—It shall be the duty of a rate inspector or clerk of a rating authority in addition to the duties required by sub-article (4) of Article 106 of the Public Bodies Order, 1925, to be performed by him at the fortnightly examination of the books of a collector of rates to see that every payment of nine-tenths of the amount of the rate on a small dwelling in lieu of the full amount of such rate made to and received by such collector has been so made and received within the discount period. 10.—(1.) This article applies to every notice served by a collector of rates in pursuance of paragraph (a) of sub-section...