PART V.

Miscellaneous.

62. —(1) Where the chairman at a meeting of the council of a county is not a member of the council, he shall not be entitled to vote in the first instance, or to give a casting vote, on any question.

(2) Subject to subsection (1) of this section and section 43 of the Act of 1941, the chairman at a meeting of the council of a county shall, in case of equality of votes, have a second or casting vote.

63. —Where there is an equal division of votes on any question arising at a meeting of a committee of a local authority, the chairman of the meeting shall have a second or casting vote save where the question is the election of the chairman of the committee.

(2) Where, at an election of the chairman of a committee of a local authority, the same number of votes is given to each of the candidates, or to each of two or more candidates who head the poll, such one of the candidates receiving the same number of votes as may be determined by lot shall be elected.

64. —Subsection (1) of section 44 of the Act of 1941 is hereby amended by the insertion after paragraph (d) of the following word and paragraph :

“or

(e) a local authority refuses or wilfully neglects to comply with an express requirement which is imposed on them by or under any enactment or order,”.

65. —For the purpose of removing doubts, it is hereby declared that, when the members of a local authority are removed from office under Part IV of the Act of 1941, every person, who immediately before the removal from office was a member of a subsidiary body within the meaning of section 52 of the Act of 1941 by virtue of the nomination of such authority, ceases on the removal from office to be a member of the subsidiary body.

66. —The quorum at a meeting of the commissioners of a town which is not an urban district shall be three, and three shall be the prescribed number for the purposes of section 39 of the Commissioners Clauses Act, 1847, in the application of that section in relation to such commissioners.

67. —(1) In this section—

the expression “the principal section” means section 80 of the Act of 1941;

the expression “the official residence” means, in relation to a member of a local authority, his official residence for the purposes of the principal section.

(2) A local authority to which the principal section applies may by resolution decide that, in lieu of defraying the expenses of locomotion actually incurred by each of their members in travelling to and from the meetings of such local authority, such local authority shall pay to each such member, in respect of every meeting of such local authority which he attends at a place not less than five miles by any route from his official residence, a fixed sum for every mile between such place and such official residence measured along the route by which such member would normally travel.

(3) A resolution passed by a local authority under subsection (2) of this section may be revoked at any time by another resolution of such local authority.

(4) A resolution under subsection (2) or subsection (3) of this section shall not take effect until sanctioned by the Minister.

(5) The passing by a local authority of a resolution under subsection (2) or subsection (3) of this section shall be a reserved function.

(6) While a resolution passed by a local authority to which the principal section applies under subsection (2) of this section is in force such local authority shall not defray under subsection (3) of the principal section the expenses of locomotion actually incurred by each of their members in travelling to and from meetings of such local authority but, in lieu thereof, shall make payments to members attending such meetings in accordance with the terms of such resolution.

(7) Where a member of a local authority attends a meeting of such local authority at a place not less than three miles by any route from his official residence and is obliged by reason of such attendance to remain away from his home for a continuous period of not less than three hours, the local authority shall, in addition to defraying under the principal section the expenses of locomotion incurred by such member in travelling to and from such meeting or making to such member the payment required by a resolution under subsection (2) of this section (as the case may be), pay to such member an allowance in respect of such period calculated in accordance with the prescribed rules.

(8) The rules made by the Minister for the purposes of subsection (7) of this section shall make provision for preventing allowances being paid to a member of more than one local authority, by more than one local authority in respect of the same period.

68. —(1) For the purposes of the Local Government (Ireland) Act, 1902, and this section, each of the following bodies (and no other body) shall be a public body, that is to say:

(a) a local authority,

(b) the Dublin Fever Hospital Board,

(c) the Cork Fever Hospital Board.

(2) Notwithstanding the provisions of any enactment in force at the commencement of this section, the following enactments shall apply in relation to the accounts of every public body and the audit of such accounts, that is to say:

(a) sections 12 (as amended by section 19 of the Local Government (Ireland) Act, 1902) and 18 of the Local Government (Ireland) Act, 1871,

(b) subsection (2) (except paragraph (c), repealed by this Act) of section 63 of the Local Government (Ireland) Act, 1898,

(c) sub-article (3) of article 19 of the Schedule to the Local Government (Application of Enactments) Order, 1898,

(d) Part VII and section 86 of the Act of 1941.

(3) For the purposes of the application by subsection (2) of this section of any of the enactments mentioned in that subsection, the auditor assigned by the Minister under section 68 of the Act of 1941 to audit the accounts of a public body shall have all the powers and duties conferred by such enactment on the auditor mentioned therein.

(4) Every provision in any enactment relating to the accounts of a public body (whether such enactment is of general or local application) which is of similar or corresponding effect as or is inconsistent with any of the enactments mentioned in subsection (2) of this section shall cease to have effect to the extent of such similarity, correspondence or inconsistency (as the case may be).

(5) Sections 69 , 70 and 71 of the Act of 1941 shall apply in relation to a board of conservators under the Fisheries Acts, 1842 to 1944, as if the board were a local authority for the purposes of those sections.

(6) The manager for a local authority which is an elective body for the purposes of the County Management Acts, 1940 and 1942, shall be deemed for the purposes of section 20 of the Local Government (Ireland) Act, 1902, as amended by subsection (3) of section 61 of the Local Government Act, 1925 (No. 5 of 1925), to be an officer of such local authority.

(7) Section 86 of the Act of 1941, as amended by section 93 of this Act, shall apply in the case of an audit of the accounts of a vocational education committee, a committee of agriculture or a board of conservators under the Fisheries Acts, 1842 to 1944, in like manner as that section, as so amended, applies in the case of an audit of the accounts of a local authority.

(8) If, on an application to the High Court under section 12 of the Local Government (Ireland) Act, 1871, by a person aggrieved by a surcharge made under the said section 12 or a charge made under section 20 of the Local Government (Ireland) Act, 1902, the High Court confirms the surcharge or charge, such person may apply to the Minister within the prescribed time to remit the surcharge or charge, and, if on such application the Minister is of opinion that the circumstances of the case make it fair and equitable that the surcharge or charge should be remitted, he may direct that the same shall be remitted upon payment of the costs incurred by the auditor or other competent authority in resisting such application and otherwise enforcing the surcharge or charge.

69. —(1) In this section—

the expression “the Commissioner” means the Commissioner of the Garda Síochána;

the expression “road regulation” means an order, regulation or bye-law made under an enactment other than an excepted enactment and relating to the use of a road by persons, vehicles or animals;

the expression “excepted enactment” means any of the following enactments, that is to say, section 118, paragraph (b) of section 148, paragraph (c) of section 148 and subsection (1) of section 159 of the Road Traffic Act, 1933 (No. 11 of 1933);

the expression “traffic sign” means a sign, notice or instrument for giving signals by mechanical means indicating to persons using a road any one or more of the following :

(a) the places to which the road leads,

(b) the distances to or from such places,

(c) any dangers to persons using the road,

(d) any precaution to be taken against such dangers,

(e) the existence of a road regulation in force in relation to the road and the course to be adopted to comply therewith;

the word “provide” includes erect or place, maintain and (in the case of an instrument for giving signals by mechanical means) operate, and cognate words shall be construed accordingly.

(2) The Minister may make regulations prescribing the size, shape, colour and character of traffic signs and no traffic sign shall be provided by a road authority which is not in accordance with any relevant regulations made under this subsection.

(3) A road authority shall provide on any road in their charge such traffic signs as may be requested by the Commissioner in the positions indicated by him and shall, as respects any traffic signs so provided, carry out any periodical transfers from place to place and any alterations and removals which he may request.

(4) A request by the Commissioner under subsection (3) of this section may be for the provision either of traffic signs for all times or occasions or of traffic signs for a limited period or a particular occasion or particular occasions.

(5) A road authority may, with the consent of the Commissioner, provide for any road in their charge such traffic signs as they consider desirable.

(6) Where the provision by a road authority of a traffic sign on land adjacent to but not forming part of a road is reasonably necessary, the road authority may, after at least twenty-one days' notice, given by registered post to the occupier (if any) of the land and to every (if any) person interested in the land whose existence, name and address can be ascertained by such road authority by reasonable enquiries, enter and provide the traffic sign on the land.

(7) Where a traffic sign is provided under subsection (6) of this section on any land by a road authority, any person interested in the land may at any time, on giving notice of his intention so to do to the road authority, apply to the Minister to direct the removal of the traffic sign.

(8) Where an application is made under subsection (7) of this section, in relation to a traffic sign provided on any land, the Minister, after consideration of the application, shall either—

(a) refuse the application, or

(b) if he is satisfied that the provision of the traffic sign is not reasonably necessary, direct the removal of the traffic sign from the land, or

(c) if he is satisfied that the provision of the traffic sign in its existing position causes unnecessary or unreasonable hardship, direct the removal of the traffic sign to another position on the land.

(9) Where the Minister gives a direction under subsection (8) of this section in relation to a traffic sign, the road authority who provided the traffic sign shall comply with the direction.

(10) A person other than a road authority shall not provide a traffic sign visible from a road without the consent of the Commissioner.

(11) The occupier or (in the case of unoccupied land) the owner of land on which a traffic sign is provided in contravention of subsection (10) of this section shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds together with an additional fine of one pound for each day on which the offence is continued.

(12) If a person wilfully obstructs or interferes with the exercise by a road authority of the powers conferred by subsection (6) of this section or, without lawful authority, removes, defaces or otherwise injures a traffic sign provided in accordance with this section he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding ten pounds, or at the discretion of the Court, to imprisonment for a term not exceeding one month or to both such fine and such imprisonment.

(13) Expenses incurred by a road authority in providing traffic signs for a road shall be part of the expenses of maintaining the road.

70. —(1) Where, by or under any Act, it is the duty of a person other than a road authority to maintain a bridge forming part of a road or the approaches to such bridge, the road authority charged with the maintenance of the road may, by order (in this section referred to as a works order), require such person to carry out, within a specified time after the coming into force of the order, specified works for the maintenance of such bridge or approaches, being works which, by or under such Act, it is the duty of such person to carry out.

(2) A copy of a works order shall be served by post on the person to whom the order relates within seven days after the day on which the order is made.

(3) The person to whom a works order relates may object to the order by giving notice in that behalf to the Minister within thirty days after the day on which the order was made and the notice shall be in writing and contain a statement of the grounds of the objection.

(4) Where a notice of objection to a works order is given under this section, the Minister, after consideration of the objection and after consultation with the Minister for Industry and Commerce and the road authority who made the order, shall either—

(a) confirm the order without amendment, or

(b) confirm the order with such amendments as he thinks proper, subject to the limitation that no such amendment shall require the person to whom the order relates to carry out any works which, by or under the relevant Act referred to in subsection (1) of this section, it is not his duty to carry out, or

(c) annul the order.

(5) Where no objection is made under this section to a works order, the order shall come into force thirty-seven days after the day on which the order was made.

(6) Where a works order is confirmed without amendment on an objection under this section, the order shall come into force on the day on which it is confirmed.

(7) Where a works order is confirmed with amendments on an objection under this section, the order as so amended shall come into force on the day on which it is confirmed.

(8) Where—

(a) a works order which has come into force specifies a period for the carrying out of the works required thereby, and

(b) on the expiration of that period, such works have not been begun, or if begun, have not been completed,

the road authority who made the order may themselves carry out or complete such works.

(9) Where a road authority carry out or complete under subsection (8) of this section works required by a works order, the person to whom the order relates shall pay to the road authority the amount of the expenses reasonably incurred by the road authority in carrying out or completing such works, and the road authority may recover that amount from such person as a simple contract debt in any court of competent jurisdiction.

(10) Any doubt, dispute or question which may arise as to whether any expenses, which have been incurred by a road authority in carrying out or completing under subsection (8) of this section works required by works order, were reasonably so incurred shall be determined by the Minister after consultation with the Minister for Industry and Commerce and such determination shall be final.

71. —(1) One or more than one road authority may, with the consent of the Minister, make and carry out an agreement with a harbour authority to undertake jointly with the harbour authority the doing of anything in relation to the harbour of the harbour authority which the harbour authority are for the time being authorised by law to do.

(2) A road authority may pay such proportion of the cost of anything undertaken jointly with a harbour authority in pursuance of an agreement under this section as is specified in the agreement.

(3) A road authority which is the council of a county or the corporation of a county borough, may for the purpose of defraying expenses incurred by them under this section, borrow money under Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898, in like manner as if such purposes were mentioned in that Article, and money so borrowed shall not be reckoned as part of the debt of such authority for the purposes of the said Article.

(4) A road authority which is an urban authority may, for the purposes of defraying expenses incurred by them under this section, borrow money under the Public Health Acts, 1878 to 1931, as if such purposes were purposes for which such authority is authorised to borrow under those Acts, and money so borrowed shall not be reckoned as part of the debt of such authority for the purposes of any limitation on borrowing imposed by those Acts.

(5) Money borrowed pursuant to this section may be lent to a road authority by means of an issue from the local loans fund as if such loan constituted a local loan within the meaning of the Local Loans Fund Acts, 1935 to 1945, and was authorised by an Act of the Oireachtas.

(6) Section 58 of this Act shall apply to the expenses incurred by a road authority under this section as if such expenses were expenses incurred by such road authority under Part IV of this Act.

(7) In this section, the expression “harbour authority” means a harbour authority within the meaning of the Harbours Act, 1946 (No. 9 of 1946).

72. —The Minister may prescribe scales of maximum expenses for elections regulated by rules framed under the Local Government (Application of Enactments) Order, 1898, and the amount of any expenses of any such election shall not exceed the amount fixed in respect thereof by whichever of such scales is appropriate.

73. —A local authority may insure against any risk of damage to their property or loss to their funds.

74. —It shall be the duty of a collector of rates of a local authority, when so required by the authority, to ascertain and check, and to furnish to the authority, the particulars which the authority require for the preparation of any rate books relating to the area in which he collects rates or for the preparation of any lists which the authority are required by the Valuation Acts to furnish to the Commissioner of Valuation in respect of that area.

75. —The council of a county, the corporation of a county borough or an urban authority may provide, or contribute towards the expenses of, a band to give public performances of music within the functional area of such council, corporation or authority.

76. —(1) Subject to this section, the council of an urban district or the commissioners of a town may apply to the Government to make an order under this section changing the name of the urban district or town.

(2) The council of an urban district shall not make an application under this section unless—

(a) four-sevenths of the ratepayers in the urban district have consented to the application being made, and

(b) the council of the county in which the urban district is situate have also consented to the application being made.

(3) The commissioners of a town shall not make an application under this section unless either—

(a) (i) four-sevenths of the ratepayers in the town have consented to the application being made, and

(ii) the council of the county in which the town is situate have also consented to the application being made, or

(b) (i) the commissioners, have by resolution passed before the commencement of this section, purported to change the name of the town, and

(ii) the Minister certifies that such resolution has been adopted by the commissioners and that the new name specified in such resolution has been used for official purposes.

(4) (a) The power conferred by subsection (1) of this section shall be a reserved function.

(b) the giving by the council of a county of consent to the making of an application under this section shall be a reserved function.

(5) The Minister may make regulations prescribing the procedure to be followed in ascertaining for the purposes of this section whether not less than four-sevenths of the ratepayers of an urban district or a town consent to an application being made under this section for an order changing the name of the urban district or town.

(6) The council of a county shall before consenting to an application being made under this section consult the prescribed persons.

(7) (a) Where an application is duly made under this section by the council of an urban district or the commissioners of a town, the Government may by order change the name of the urban district or the town to such other name as they think fit.

(b) An order under this subsection shall come into operation on the 1st day of January next following the expiration of six months from the date of the order.

(8) Every order made under subsection (7) of this section shall be published in such manner and as often as the Minister may direct and shall be notified to the prescribed persons.

(9) Where an order is made under this section changing the name of an urban district from its existing name to a new name, then, as on and from the date on which the order comes into operation every reference in any instrument, document or map to the existing name shall be construed as a reference to the new name.

(10) A change of the name of an urban district or a town made by an order under this section shall not affect any rights or obligations of any authority or person or render defective any legal proceedings, and any legal proceedings may be continued or commenced as if there were no change of name.

77. —(1) Where a townland or a non-municipal town is situate wholly within one county, the council of that county may, after consultation with the prescribed authorities and with the consent of four-sevenths of the ratepayers in the townland or non-municipal town, apply to the Government to make an order under this section changing the name of the townland or non-municipal town.

(2) Where a townland or a non-municipal town is situate partly in one county and partly in another county, the councils of those counties may, after consultation with the prescribed authorities and with the consent of four-sevenths of the ratepayers in the townland or non-municipal town, jointly apply to the Government to make an order under this section changing the name of the townland or non-municipal town.

(3) The power conferred by subsection (1) or subsection (2) of this section shall be a reserved function.

(4) (a) Where a non-municipal town is wholly situate in a particular county, the secretary of the council of the county shall, if and when so directed by the council, prepare and submit to the council a list of the ratepayers in the non-municipal town and such list when adopted, with or without alterations, by the council shall, for the purposes of this section, be the list of ratepayers in the said non-municipal town.

(b) Where part only of a non-municipal town is situate in a particular county, the secretary of the council of the county shall, if and when so directed by the council, prepare and submit to the council a list of the ratepayers in the part of the municipal town which is situate in the county, and such list when adopted, with or without alterations, by the council shall, for the purposes of this section, be the list of ratepayers in the said part.

(5) The Minister may make regulations prescribing the procedure to be followed in ascertaining for the purposes of this section whether not less than four-sevenths of the ratepayers in a townland or non-municipal town consent to an application being made under this section for an order changing the name of the townland or the non-municipal town.

(6) (a) Where an application, in relation to any townland or non-municipal town, is duly made under this section, the Government may by order change the name of the townland or non-municipal town to such other name as they think fit.

(b) An order under this subsection shall come into operation on the 1st day of January next following the expiration of six months from the date of the order.

(7) Every order made under subsection (6) of this section shall be published in such manner and as often as the Minister may direct and shall be notified to the prescribed persons.

(8) Where an order is made under this section changing the name of a townland or non-municipal town from its existing name to a new name, then, as on and from the date on which the order comes into operation, every reference in any instrument, document or map to the existing name shall be construed as a reference to the new name.

(9) A change of the name of a townland or a non-municipal town made by an order under this section shall not affect any rights or obligations of any authority or person or render defective any legal proceedings and any legal proceedings may be continued or commenced as if there were no change of name.

(10) In this section the expression “non-municipal town” means an area (not being a county borough, borough, urban district or town in which the Towns Improvement (Ireland) Act, 1854, is in operation) which is designated a town in the report of the census of population which is for the time being the latest census of population.

78. —(1) The appropriate authority may, with the consent of not less than four-sevenths of the ratepayers in a street, change the name of the street.

(2) The power conferred by subsection (1) of this section shall be a reserved function.

(3) The Minister may make regulations prescribing the procedure to be followed by the appropriate authority in ascertaining for the purposes of this section whether not less than four-sevenths of the ratepayers in a street consent to the name of the street being changed.

(4) The appropriate authority may cause the name of a street to be displayed on a conspicuous part of any convenient building or other erection.

(5) In this section—

the word “street” includes part of a street and also the whole or part of any road, square, lane or other public place;

the expression “the appropriate authority” means—

(a) as respects a street in a county or other borough, the corporation of the borough,

(b) as respects a street in an urban district, the council of the urban district,

(c) as respects a street in a town, the commissioners of the town, and

(d) as respects any other street, the council of the county in which the street is situate.

79. —(1) The appropriate authority may, with the consent of not less than four-sevenths of the ratepayers in a locality, change the name of the locality.

(2) The power conferred by subsection (1) of this section shall be a reserved function.

(3) The proper officer of a body, which is in relation to a particular locality the appropriate authority, shall, if and when so directed by the said body, prepare and submit to the said body a list of the ratepayers in the said locality, and such list when adopted, with or without alteration, by the said body shall, for the purposes of this section, be the list of ratepayers in the said locality.

(4) The Minister may make regulations prescribing the procedure to be followed by the appropriate authority in ascertaining whether not less than four-sevenths of the ratepayers in a locality consent to the name of the locality being changed.

(5) In this section—

the word “locality” means any area (not being a street within the meaning of section 78 of this Act) which is—

(a) a portion of a county or other borough, urban district or town for which a separate name is in common use, or

(b) a portion (other than an urban area, a town, a townland or a non-municipal town, within the meaning of section 77 of this Act) of a county for which a separate name is in common use;

the expression.“the appropriate authority” means—

(a) as respects a locality in a county or other borough, the corporation of the borough,

(b) as respects a locality in an urban district, the council of the urban district,

(c) as respects a locality in a town, the commissioners of the town,

(d) as respects a locality in a county, the council of the county;

the expression “the proper officer” means—

(a) as respects the corporation of a county or other borough, the town clerk of the borough,

(b) as respects the council of an urban district, the clerk of the council,

(c) as respects the commissioners of a town, the clerk of the commissioners,

(d) as respects the council of a county, the secretary of the council.

80. —A local authority may invest any money for the purposes of a loan or sinking fund in any of the stocks, funds, shares or securities in which trustees are, by any Act for the time being in force, authorised to invest, except stocks, funds, shares or securities created by such authority themselves or real or heritable securities.

81. —(1) Where—

(a) pursuant to any statutory or other enactment or the award of any arbitrator, a sum is received by a local authority in relation to the termination of any periodical payment previously made to them, and

(b) the Minister is satisfied that the sum should be treated as capital moneys,

the Minister may direct the local authority to invest the sum for the permanent benefit of the inhabitants of their functional area.

(2) A sum to which a direction given under this section to a local authority relates shall be kept invested by such authority in any of the stocks, funds, shares or securities in which trustees are, by any Act for the time being in force, authorised to invest, except stocks, funds, shares or securities created by such authority themselves or real or heritable securities.

82. —(1) A local authority may, with the consent of and subject to any conditions imposed by the Minister, acquire by agreement, whether by way of purchase, lease or exchange, any land, whether situate within or outside their functional area, which in their opinion they will require in the future for the purposes of their powers and duties notwithstanding that they have not determined the manner in which or the purpose for which they will use the land.

(2) A local authority may use land acquired by them under subsection (1) of this section for any purpose connected with their powers and duties.

(3) A local authority may let land acquired by them under subsection (1) of this section pending its being required for use by them, and, if they become of opinion that they will not require the land, they may sell it with the consent of the Minister.

(4) Subject to subsection (5) of this section, a power conferred on a local authority by any Act, whether passed before or after this Act, to acquire land for a particular purpose shall be deemed to include a power to acquire land which the local authority do not require immediately for that purpose but which in their opinion they will require for that purpose in the future.

(5) Subsection (4) of this section shall not apply to the power to acquire land conferred by section 8 of the Unemployment (Relief Works) Act, 1940 (No. 34 of 1940).

83. —(1) The following provisions shall have effect in relation to any proposed disposal (not being by demise for a term not exceeding one year) of land which is held by a local authority and which is not required for the purposes of their powers and duties :—

(a) notices shall be sent by post on the same day to the members of the local authority giving particulars of—

(i) the land,

(ii) the name of the person from whom such land was acquired if the same can be ascertained by reasonable inquiries,

(iii) the person to whom the land is to be disposed of,

(iv) the consideration proposed in respect of the disposal,

(v) any covenants, conditions or agreements to have effect in connection with the disposal,

(b) at the first meeting of the local authority held after the expiration of ten clear days from the day on which such notices are sent, the local authority may resolve that the disposal shall not be carried out or that it shall be carried out in accordance with terms specified in the resolution,

(c) if the local authority do not pass a resolution pursuant to paragraph (b) of this subsection, the disposal may, with the consent of the Minister, be carried out,

(d) if the local authority resolve pursuant to paragraph (b) of this subsection that the disposal shall be carried out in accordance with terms specified in the resolution, the disposal may, with the consent of the Minister, be carried out in accordance with those terms,

(e) if the local authority resolve pursuant to paragraph (b) of this subsection that the disposal shall not be carried out, it shall not be carried out,

(f) the disposal shall not be carried out save pursuant to paragraphs (c) or (d) of this subsection.

(2) In this section the word “land” does not include land the disposition of which under the Municipal Corporations (Ireland) Acts, 1840 to 1888 (otherwise than by demise for a term not exceeding one year) is a reserved function.

84. —(1) A road authority may, with the consent of the Minister, acquire by agreement or compulsorily—

(a) any land which has or will become severed by operations of the road authority under section 24 of the Local Government Act, 1925 (No. 5 of 1925), and which, because of its shape or size, could not be used economically or has become or is likely to become derelict, or

(b) any land which forms the site of a road or any part of a road which in the opinion of the road authority is no longer required for the public use,

as if such land were required by such road authority for the construction of a road.

(2) Where a road authority—

(a) has acquired any land under subsection (1) of this section, or

(b) owns any land which has or will become severed by operations of the road authority under section 24 of the Local Government Act, 1925 , and which, because of its shape or size could not be used economically or has become or is likely to become derelict, or

(c) owns any land forming the site of a road or part of a road in respect of which the powers conferred by sub-paragraph (i) of paragraph (a) of subsection (4) of this section have been exercised,

the road authority may, after compliance with the provisions of this Act relating to the disposal of land not required, sell or transfer gratuitously such land (in this subsection referred to as the road authority's land) or any part thereof to any person, who is the owner of any land which adjoins, and is situate on the same side of the road as, the road authority's land, for the purpose of providing that person with alternative means of access to the road or for the purpose of enabling the road authority's land to be used economically or for the purpose of preventing the road authority's land becoming derelict.

(3) Where a road authority sell or transfer any land to a person under subsection (2) of this section, they may make the sale or transfer subject to such conditions (including conditions requiring that person to fence such land in with other lands and to permit it to be occupied with other lands) as the road authority think fit.

(4) (a) Where a road authority own any land forming the site of a road or part of a road which in their opinion is no longer required for use by the public—

(i) the road authority may, with the consent of the Minister, extinguish the right of way of the public over such road or such part, and

(ii) the road authority may by agreement with any person, who has a right of entry to adjoining private property through such road or such part, extinguish such right.

(b) The exercise of the powers conferred by subparagraph (i) of paragraph (a) of this subsection shall be a reserved function.

85. —(1) An urban authority may borrow for the purpose of defraying any expenses incurred by them in the construction and maintenance of roads in the same manner in which a sanitary authority may borrow for the purposes of defraying expenses under the Public Health Acts, 1878 to 1931.

(2) The provisions of the Public Health Acts, 1878 to 1931, in relation to borrowing by a sanitary authority shall, with the necessary modifications, apply in relation to any borrowing under this section by an urban authority.

(3) Money borrowed under this section may be lent to an urban authority by means of an issue from the local loans fund as if such loan constituted a local loan within the meaning of the Local Loans Fund Acts, 1935 to 1945, and was authorised by an Act of the Oireachtas.

86. —A sum borrowed by the council of a county as a public assistance authority shall not be reckoned as part of the debt of the council for the purposes of Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898.

87. —(1) Where any council of a county, corporation of a county borough or urban authority have for the time being any power to borrow money, they may, with the consent of the Minister, exercise such power by the creation of stock to be created, issued, transferred, dealt with, redeemed and extinguished in such manner, on such terms and in accordance with such provisions as may be prescribed.

(2) Without prejudice to the generality of subsection (1) of this section, regulations made for the purposes of this section may make provision in respect of any of the following matters:—

(a) the discharge of any loan raised by the stock issued in accordance with the regulations,

(b) in the case of consolidation of debt, for extending or varying the times within which loans may be discharged,

(c) consent of limited owners,

(d) the application of the Acts relating to stamp duties and to cheques,

(e) disposal of unclaimed dividends.

(3) Before making regulations for the purposes of this section, the Minister shall consult the Minister for Finance in relation to such regulations.

(4) Every regulation made for the purposes of 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 subsequent thirty days on which the 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.

(5) If no such resolution as is mentioned in subsection (4) of this section is passed in relation to any regulation made for the purposes of this section, the regulation shall be deemed to have been duly made and to be within the powers of this Act and shall be of the same force as if enacted in this Act.

(6) Every regulation which was made under section 52 (repealed by this Act) of the Public Health Acts Amendment Act, 1890, or Article 23 (also repealed by this Act) of the Schedule to the Local Government (Application of Enactments) Order, 1898, and which was in force immediately before the commencement of this section shall continue in force and shall be capable of being amended or revoked as if it were made under this Act for the purposes of this section.

88. —For the purpose of removing doubts it is hereby declared that any reference, in the Local Government Acts, 1925 to 1941, to holding a local inquiry shall be construed as meaning and as having always meant causing a local inquiry to be held by an inspector of the Minister.

89. —(1) Where the Minister proposes to cause a local inquiry to be held under section 83 of the Act of 1941 and is of opinion that the inspector to be appointed to hold the inquiry should possess special professional or technical qualifications, the Minister may, with the consent of the Minister for Finance, appoint a person possessing such qualifications to be an inspector for the purpose of holding the inquiry and submitting his report thereon.

(2) The Minister may pay to a person appointed under this section such remuneration as the Minister, with the consent of the Minister for Finance, determines.

(3) A person appointed under this section shall hold office for such period not exceeding thirty days as the Minister determines.

(4) Section 4 of the Civil Service Regulation Act, 1924 (No. 5 of 1924), shall not apply in relation to an appointment under this section.

90. —(1) Where a local inquiry to be held under section 83 of the Act of 1941 is concerned with the whole or part of the functions of a local authority, the Minister may, if he so thinks fit, order that the manager for the local authority may appear separately at the inquiry.

(2) Where an order is made under subsection (1) of this section in relation to a local inquiry concerned with the whole or part of the functions of a local authority—

(a) the manager for the local authority may appear at the inquiry personally or by counsel or solicitor,

(b) where the manager appears at the inquiry by counsel or solicitor, the reasonable cost of the appearance (subject to such, if any, limit as the Minister may think proper to impose) shall be paid by the local authority,

(c) the employment and instruction of the counsel or solicitor appearing at the inquiry on behalf of the local authority shall be a reserved function.

(3) In this section, the expression “the manager” means—

(a) as respects the corporation of a county borough—the manager for the purposes of the Acts relating to the management of the borough, and

(b) as respects any other local authority—the manager for the local authority for the purposes of the County Management Acts, 1940 and 1942.

91. —(1) Where a local inquiry has been held under section 83 of the Act of 1941 and the Minister considers it reasonable that a contribution shall be made towards the costs and expenses reasonably incurred by any person (other than a local authority or other body) in relation to the inquiry, the Minister may certify that the contribution shall be made and the certificate shall specify the amount of the contribution and direct its payment to such person—

(a) where one local authority or other body (and no more) is concerned in the inquiry, by such local authority or other body, and

(b) where more than one local authority or other body are concerned in the inquiry, by one of them or by all or any of them in specified proportions.

(2) A sum directed under this section to be paid by a local authority or other body to any person may be recovered by such person from such local authority or other body as a simple contract debt in any court of competent jurisdiction.

92. —For every application of Article 32 (repealed by the Act of 1941) of the Local Government (Application of Enactments) Order, 1898, by an enactment in force at the commencement of section 83 of the Act of 1941 to any inquiries to be ordered or caused to be held by the Minister, there shall be substituted an application of the said section 83 to such inquiries.

93. — Section 86 of the Act of 1941 is hereby amended as follows:

(i) in paragraph (f) of subsection (3) the words “the immediately preceding subsection of this section” shall be substituted for the words “this subsection” where the latter words occur immediately before the words “who refuses”,

(ii) the following paragraph shall be added at the end of subsection (3):

“(g) a notice under the immediately preceding subsection of this section may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to such person at the address at which he ordinarily resides.”.

94. —Paragraph A of section 77 of the Courts of Justice Act, 1924 (No. 10 of 1924), as amended by section 52 of the Courts of Justice Act, 1936 (No. 48 of 1936), is hereby further amended by the insertion at the end of the said paragraph of a new clause as follows, that is to say:

“(vi) jurisdiction, without any limit as to the amount of the claim, in proceedings at the suit of an auditor or other person under subsection (3) of section 71 of the Local Government Act, 1941 (No. 23 of 1941).”.

95. —(1) Any office to which this section applies shall be deemed, for the purposes of section 2 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), not to be a chief executive office under a local authority.

(2) This section applies to—

(a) the office of clerk to a local pension committee under section 8 of the Old Age Pensions Act, 1908;

(b) the office of clerk of the commissioners of a town which is not an urban district.

96. —Subsection (1) of section 3 of the Local Government (Collection of Rates) Act, 1924 (No. 11 of 1924), is hereby amended by the deletion of the words “pursuant to his bond”.

97. — Section 34 of the Local Government Act, 1925 (No. 5 of 1925), is hereby amended by the deletion of subsections (8) and (9) and the substitution therefor of the following subsections:

“(8) Nothing in this section shall—

(a) authorise the county surveyor or urban district council to trim or cut a tree during any period beginning on a 1st day of April and ending on the next following 30th day of September, or

(b) authorise a person to be requested or ordered to trim or cut a tree during any such period,

unless failure to trim or cut the tree during that period would, in the opinion of the county surveyor or urban district council, involve serious risk of accident.

(9) Where the time limited by a request or order under this section for trimming or cutting a tree expires during any period beginning on a 1st day of April and ending on the next following 30th day of September, such time shall be deemed to be extended to the next following 7th day of October.”

98. —Section 39 of the Act of 1941 is hereby amended by the deletion of the words “in like manner as they apply in respect of a municipal election”.

99. —For every reference to section 63 (repealed by the Act of 1941) of the Local Government Act, 1925 (No. 5 of 1925), in an enactment relating to meetings of local authorities and in force at the commencement of section 80 of the Act of 1941, there shall be substituted a reference to the said section 80 .