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1 1950

LOCAL GOVERNMENT PROVISIONAL ORDERS CONFIRMATION ACT, 1950

FIRST SCHEDULE.

City of Limerick (Extension of Boundary) Provisional Order, 1950.

WHEREAS in pursuance of section 38 of the Limerick City Management Act, 1934 (No. 35 of 1934), the Mayor, Aldermen and Burgesses of Limerick, acting by the Council, did on the 10th day of December, 1946, cause to be presented to the Minister for Local Government and Public Health a petition, making application for a Provisional Order extending the boundary of the City of Limerick so as to include therein the portions of the Counties of Limerick and Clare described in the Schedule thereunto annexed;

AND WHEREAS the said Minister after receiving the said application caused a local inquiry to be held into the subject matter thereof;

AND WHEREAS the title of the said Minister was altered to that of the Minister for Local Government by the Local Government and Public Health (Alteration of Name of Department and Title of Minister) Order, 1947 (S.R. and O. No. 16 of 1947);

AND WHEREAS the Minister for Local Government has considered any representations that have been made to him by the Councils of the Counties of Clare and Limerick;

AND WHEREAS the said Minister thinks it proper to give effect to the proposal contained in the said application, with modification, and to make the provisions included in this Order for the matters mentioned in sub-section (4) of the said section 38;

NOW THEREFORE the Minister for Local Government, in exercise of the powers vested in him by section 38 of the Limerick City Management Act, 1934 (No. 35 of 1934), hereby orders as follows:—

Title.

1. This Order may be cited as the City of Limerick (Extension of Boundary) Provisional Order, 1950.

Commencement.

2. This Order shall come into force upon the day (which day is hereinafter referred to as “the commencement of this Order”) on which the Act confirming this Order shall become law or on the 1st day of April 1950, whichever is the later.

Definitions.

3. In this Order:—

the expression “the Corporation” means the Mayor, Aldermen and Burgesses of Limerick;

the expression “the County Council” means the Council of the County of Limerick;

the expression “the City” means the County Borough of Limerick;

the expression “the County” means the County of Limerick;

the expression “the Minister” means the Minister for Local Government;

the expression “the added area” means the area described in Part I of the Schedule hereunto annexed;

the expression “the existing boundary” means the boundary of the City as existing immediately before the commencement of this Order.

Extension of City Boundary.

4. (1) On and after the commencement of this Order the added area shall be detached from the County and from the jurisdiction and powers of the County Council and shall be added to the City and thenceforward the said area shall be included in and form part of the City for all purposes and the boundary of the City shall be extended accordingly.

(2) Every building through which or through any part of which the boundary as extended by this Order shall pass shall be deemed to be within such boundary.

Preparation of official maps.

5. (1) As soon as may be after the commencement of this Order the Commissioner of Valuation shall prepare in duplicate a map drawn to such convenient scale and in such convenient number of separate sheets as shall be approved by the Minister showing in suitable manner approved by the Minister the added area and the City, and shall seal both duplicates of such map and shall deposit one of such duplicates in the principal office of the said Commissioner and shall deposit the other of such duplicates in the offices of the Corporation.

(2) The said maps when so deposited in the said offices of the said Commissioner and the Corporation respectively shall be retained in such offices, and such maps or true copies thereof shall be open for inspection free of charge in such offices by any person at any time at which such offices respectively are open for the transaction of public business, and it shall be lawful for the said Commissioner and the Corporation respectively to prepare and supply to any person requesting the same a true copy of the map so deposited with him or them or any particular part thereof and to charge for such copy such sum as the Minister, with the sanction of the Minister for Finance, shall direct.

(3) It shall be the duty of the said Commissioner and of the Corporation respectively, whenever required so to do by any Court of Justice, to prepare and produce to such Court a true copy of the map or any specified part of the map deposited with him or them under this section and to verify such copy to such Court by the oath of one of his or their officers, and, upon any such copy being so produced and verified to such Court, such Court shall receive such copy in evidence and thereupon such copy shall be conclusive evidence of the boundary (so far as the same is shown on such copy) of the added area, notwithstanding any discrepancy between such copy and the description contained in the Schedule to this Order or any ambiguity or uncertainty in such description or in the application thereof.

Financial adjustments between County Council and Corporation.

6. (1) The County Council and the Corporation may, from time to time as occasion requires, make by mutual agreement an equitable adjustment (in this Article referred to as an agreed adjustment) in regard to any matter or thing requiring to be adjusted between the County Council and the Corporation in consequence of the inclusion of the added area in the City and not otherwise provided for by this Order and in particular may make such agreed adjustment in regard to property, whether real or personal, (including choses-in-action) vested in or belonging to or held in trust for the County Council and wholly or partly situate in or relating to the added area or any particular portion thereof and in regard to debts and liabilities (including mortgage debts, charges created by statute, accruing and prospective liabilities and unliquidated liabilities arising from torts or breaches of contract) due and unpaid or incurred and undischarged by the County Council and relating wholly or in part to the added area or any particular portion thereof.

(2) An agreed adjustment in relation to property may provide for the retention of such property by the County Council or for the transfer of such property to the Corporation or for the joint user of such property by the County Council and the Corporation and may also provide for the payment of money, in one or more than one instalment, by or to the County Council to or by the Corporation on account of the retention, transfer, or joint user of such property.

(3) An agreed adjustment in relation to any debt or other liability may provide for the whole of such debt or liability being borne by the County Council or for the whole of such debt or liability being borne by the Corporation or (except in the case of mortgage debts) for the apportionment of the liability for such debt or liability between the County Council and the Corporation and may also provide for the payment of money, in one or more than one instalment, to or by the County Council by or to the Corporation in respect of such debt or liability.

(4) An agreed adjustment may provide for the payment by the Corporation to the County Council in one or more than one instalment or by way of annuity of a sum in respect of the increase (if any) of burden which will properly be thrown on the ratepayers of the County in meeting the cost incurred by the County Council in the execution of any of their powers and duties as a consequence of the extension of the boundary of the City by this Order, but in the fixing of the amount of any such sum and the method of payment thereof the following provisions shall be observed:—

(a) regard shall be had to the difference between the burden on the ratepayers of the County which will properly be incurred by the County Council in meeting the cost of executing any of their powers and duties and the burden on such ratepayers which would properly have been incurred if the boundary of the City had not been extended by this Order;

(b) regard shall also be had to the length of time during which such increase of burden may be expected to continue;

(c) if such sum is made payable in one instalment the amount thereof shall not exceed ten times the average annual amount of such increase of burden;

(d) if such sum is made payable in two or more instalments or by way of annuity, the capitalised value of such instalments or annuity shall not exceed ten times the average annual amount of such increase of burden.

(5) An agreed adjustment may provide for the payment by the Corporation to the County Council in one or more than one instalment or by way of annuity of a sum in respect of the loss of benefit which will be occasioned to the inhabitants of the County as a consequence of the extension of the boundary of the City by this Order in the case of any benefit which is limited by a restriction on the amount in the pound of the rate which can be raised for the provision of such benefit and the following provisions shall have effect in regard to every sum the payment of which is provided for under this sub-article:—

(a) every payment received by the County Council in respect of any such sum shall be applied towards the provision of the benefit in respect of which it is paid, and

(b) no such sum shall be taken into account when calculating the amount in the pound which can be raised for providing the benefit in respect of which such sum is paid nor shall the payment of such sum restrict or affect the said amount in the pound.

(6) Whenever the County Council and the Corporation fail to agree upon an equitable adjustment of any matter or thing which could be the subject of an agreed adjustment under this Article, the Minister shall, upon the request of either the County Council or the Corporation and after holding such (if any) local inquiry as he may think proper, make an equitable adjustment (in this Article referred to as a compulsory adjustment) of such matter or thing and may by such adjustment make any provision in relation to such matter or thing which could under this Article have been made by an agreed adjustment.

(7) Every agreed adjustment and every compulsory adjustment shall have effect according to the terms thereof and shall be enforceable by the Corporation and the County Council respectively against the other of them accordingly.

Bye-laws etc. in the added area.

7. (1) Every bye-law, rule and regulation lawfully made and enforceable by the County Council which is in force immediately before the commencement of this Order in the added area or any part thereof shall, on and after the said commencement and so far as it is not inconsistent with this Order, continue in force and have effect in the added area or the said part thereof as a bye-law, rule, or regulation (as the case may be) made by the Corporation on the said commencement in respect of the area or so much of the area as is within the added area for and in respect of which the same was actually made, and accordingly every such bye-law, rule, and regulation may be continued, varied, or revoked and penalties and forfeitures arising thereunder on or after the said commencement in the added area may be recovered and enforced by the Corporation in the like manner and as fully as the same could have been continued, varied, revoked, recovered or enforced by the County Council, if this Order had not been made.

(2) No bye-law, rule, or regulation in force in the City immediately before the commencement of this Order shall apply or be extended to the added area merely by virtue of the inclusion of such area in the City by this Order, but the Corporation may at any time by resolution extend and apply any such bye-law, rule, or regulation to the added area, and, upon any such extension being so made, any bye-law, rule, or regulation continued in force in such area by this article which is inconsistent with the bye-law, rule, or regulation so extended shall cease to have effect in such area.

Resolutions, etc., relating to the added area.

8. Every resolution passed, order made, and notice served by the County Council before the commencement of this Order in relation to the added area or any part thereof or anything done or to be done therein and the operation, effect, or term of which had not ceased or expired before the said commencement shall, on and after the said commencement and so far as it is not inconsistent with this Order, continue in force and have effect in so far as it relates to the added area or any part thereof or anything done or to be done therein as if it were a resolution passed, order made, or notice served by the Corporation on the date on which the same was actually passed, made, or served by the County Council, and as if the added area were on the said date already included in the City.

Coroners and Jurors Books in the City and County.

9. (1) Notwithstanding anything contained in this Order, the area of jurisdiction of any person holding the office of coroner shall not be diminished by reason of the added area forming the whole or part of the said area of jurisdiction but on the ceasing by death of otherwise of such person to hold such office so much of the added area as is included in the said area of jurisdiction shall on such cesser be detached from the said area of jurisdiction and be added to and thenceforward included in the area of jurisdiction of the coroner for the time being of the City.

(2) The following provisions shall have effect in the City and the County in relation to the preparation of jurors books, the preparation of panels of jurors, and the summoning of jurors, and in relation to the panels from which jurors are to be drawn for the trial of issues by a Court or a Judge sitting in the City or the County, that is to say:—

(a) until the 1st day of April, 1951, and thereafter until either the jurors book in force on that day in the City or the jurors book in force on that day in the County (including the added area) becomes exhausted, the law in force immediately before the commencement of this Order shall continue in force and be observed as if this Order had not become operative, and

(b) when and so soon as one of the said jurors books become exhausted after the 1st day of April, 1951, the other of the said jurors books shall be deemed to have become exhausted and new jurors books shall forthwith come into force in the City and the County, and,

(c) one of such new jurors books shall be prepared as a jurors book for the City as extended by this Order, and the other of such new jurors books shall be prepared as a jurors book for the County, exclusive of the added area.

Adjustment of agricultural grant.

10. The portion of the agricultural grant payable to the Corporation under section 50 of the Local Government (Ireland) Act, 1898, shall be £1,110 and the sum stated in the second column of the Schedule to the Rates on Agricultural Land (Relief) Act, 1939, as being payable to the Council shall for the purposes of the application of the said Schedule to the agricultural grant be reduced by the said sum of £1,110.

Trusts for benefit of the city or added area.

11. (1) Where any real or personal property is, immediately before the commencement of this Order, vested in the Corporation or in any other corporate body or any trustees, committee, or society upon trusts for educational or charitable purposes for the exclusive benefit of the City or of the citizens or the inhabitants of the City or of any particular class of such citizens or such inhabitants or upon trusts for educational or charitable purposes of which all citizens or all inhabitants of the City or all members of any particular class of such citizens or such inhabitants are exclusively entitled to take advantage, then, on and after the said commencement, the benefit of such trusts shall (as the case may require) extend to the City as extended by this Order or to all the citizens or all the inhabitants of the City as so extended or to the said particular class of such citizens or such inhabitants or to be open to any citizen or any inhabitant of the City as so extended or any member of the said particular class of such citizens or such inhabitants.

(2) Where any real or personal property is immediately before the commencement of this Order vested in any corporate body or in any trustees, committee, or society upon trusts for educational or charitable purposes for the exclusive benefit of the added area or of the inhabitants of the added area or any particular class of such inhabitants or upon trusts for educational or charitable purposes of which all inhabitants of the added area or any member of any particular class of such inhabitants are exclusively entitled to take advantage, then on and after the commencement of this Order, the benefit of such trusts shall (as the case may require) extend to the City as extended by this Order or to all the inhabitants of the City as so extended or to the said particular class of such inhabitants or be open to any inhabitant of the City as so extended or to any member of the said particular class of such inhabitants.

(3) Nothing in this Article shall apply to any trust for the exclusive benefit of an area which is not co-extensive with the City or with the added area or for the exclusive benefit of the citizens or the inhabitants of any such area or any particular class of such citizens or such inhabitants.

Application and adaptation of enactments.

12. Every enactment (including local, personal and private Acts) in force immediately before the commencement of this Order in or in relation to the City or the County or the added area shall, on and after the said commencement be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Order.

Provisions in regard to the register of electors.

13. In the register of electors for the county which came into force on the 15th day of April next before the commencement of this Order the various portions of the added area shall be shown separately in such manner as shall be prescribed by the Minister.

Limitations of Municipal rate

14. (1) This Article applies to hereditaments in the added area which were assessed with the county rate for the local financial year 1949-50.

(2) In this Article—

the expression “agricultural land” means lands occupied as arable, meadow or pasture grounds only or as wood-lands or market gardens or nursery grounds;

the expression “the assessable valuation of the hereditament” means the valuation under the Valuation Acts of the hereditament as reduced in accordance with section 28 of the Limerick City Management Act, 1934 (No. 35 of 1934) for the purpose of the assessment and levying of the municipal rate on such hereditament;

the expression “the buildings valuation” means the valuation of a hereditament which is a building, burial ground or land which is not agricultural land or that portion of the valuation of a hereditament which is shown in the column headed “buildings” in the valuation list;

the expression “the standard valuation” means in relation to a hereditament to which this Article applies the buildings valuation of such hereditament appearing in the revised valuation list received by the County Council from the Commissioner of Valuation for the local financial year 1949-50;

the word “valuation” means the valuation under the Valuation Acts.

(3) Where the valuation of a hereditament consists of a buildings valuation and a valuation in respect of agricultural land, this Article shall apply to such hereditament as if it were two separate hereditaments.

(4) For the purpose of the assessment and levying of the municipal rate on a hereditament to which this Article applies which is included in a class mentioned in the first column of Part II of the Schedule to this Order, the following provisions shall apply in each of the first nine local financial years during which this Order is in force:—

(a) where the buildings valuation of the hereditament is the same as or less than the standard valuation, the buildings valuation shall be reduced to the proportion, specified in the appropriate column of Part II of the said Schedule for the particular year in respect of such class, of the valuation on which the municipal rate would otherwise be assessed;

(b) where the buildings valuation of the hereditament is greater than the standard valuation the amount of the buildings valuation which is equal to the standard valuation shall be reduced to the proportion specified in the appropriate column of Part II of the said Schedule for the particular year in respect of such class, of the said amount of the buildings valuation on which the municipal rate would otherwise be assessed;

(c) where a hereditament which was not immediately before the commencement of this Order supplied with water for domestic purposes is subsequently supplied with water for such purposes, such hereditament shall in the next succeeding year and in each of the subsequent said years be deemed to be a hereditament which immediately before the commencement of this Order was supplied with water for domestic purposes.

(5) For the purpose of the assessment and levying of the municipal rate on a hereditament in the added area which is agricultural land the assessable valuation of the hereditament shall, in each of the first nine local financial years during which this Order is in force, be reduced to the proportion specified for the particular year in the appropriate column of Part II of the Schedule to this Order.

(6) Nothing in this Article shall apply to or operate to reduce the annual value with reference to which the tax in respect of any hereditament under Schedules A and B of the Income Tax Act, 1918, is to be ascertained.

Power to borrow for certain purposes.

15. (1) The Corporation, may from time to time, with the consent of the Minister, borrow on the security of the municipal fund and of any revenues of the Corporation or on either such fund or revenues or any part of such revenues such sums as may be required for the purpose of the payment of any moneys properly chargeable to capital and payable by the Corporation by reason of any financial adjustment made under this Order.

(2) Moneys borrowed under this Article shall be repaid within such period as the Minister shall sanction.

Transfer of officers and servants.

16. (1) The County Council shall, as soon as may be after the day on which the Act confirming this Order shall become law, prepare and transmit to the Minister and to the Corporation, a scheme setting out the officers and servants of the County Council whose duties relate wholly or in part to the added area or any particular portion thereof whom the County Council propose should be transferred to the service of the Corporation.

(2) The Corporation shall, after consideration of the said scheme, submit to the Minister a statement of the alterations (whether by addition, omission or variation) which they propose should be made in the said scheme.

(3) The said scheme shall be confirmed by the Minister with such alterations (whether by addition, omission or variation) as the Minister may think fit to make therein.

(4) In so far as the said scheme relates to officers and servants as respects which the Minister for Health or the Minister for Social Welfare is the appropriate Minister for the purposes of Part II of the Local Government Act, 1941, the scheme confirmed by the Minister under this Article shall not have effect in relation to such officers and servants without the consent of such Ministers respectively.

(5) The scheme confirmed by the Minister under this Article shall have effect as from such date as the Minister shall specify and subject to the provisions of the preceding sub-article every officer and servant proposed in the scheme as so confirmed to be transferred from the service of the County Council to the service of the Corporation shall be so transferred on the said date and shall thereupon become and be an officer or servant respectively of the Corporation.

(6) An officer, transferred from the service of the County Council to the service of the Corporation in pursuance of a scheme under this Article, whose period of service at the time of such transfer as an established officer within the meaning of the Local Government (Superannuation) Act, 1948, of the County Council is less than two years, shall for the purposes of section 14 of the said Act be deemed on such transfer to have resigned with the written sanction of the County Council and with the consent of the Minister.

Special provisions for purposes of Valuation Acts.

17. For the purposes of the Valuation Acts the revised valuation list received by the County Council from the Commissioner of Valuation last before the commencement of this Order shall, in so far as it relates to the added area, be deemed to have been sent to the Corporation.

Contribution for Year 1950–51 to Vocational Education Committees.

18. (1) The rateable value of the area of charge at the commencement of the local financial year 1950-51 shall be the rateable value by reference to which the minimum and maximum amounts of the annual local contribution payable to the City of Limerick Vocational Education Committee and the County Limerick Vocational Education Committee pursuant to section 43 of the Vocational Education Act, 1930 (No. 29 of 1930) in respect of the said local financial year by the Corporation and the County Council respectively shall be calculated.

(2) In this Article—

the expression “area of charge” and the expression “annual local contribution” have the same meaning as in Part IV of the Vocational Education Act, 1930 .

Schedule referred to in the foregoing order.

Part I.

Description of the Portion of the County added to the City.

The District Electoral Division of Limerick Rural.

Part II.

Limitations on Municipal Rate.

Nature of Hereditament

Proportionate Reductions of Valuations

1st Year

2nd Year

3rd Year

4th Year

5th Year

6th Year

7th Year

8th Year

9th Year

Hereditaments which are not agricultural land and which immediately before the commencement of this Order were not or are not deemed to have been supplied with water for domestic purposes.

15/24

16/24

17/24

18/24

19/24

20/24

21/24

22/24

23/24

Hereditaments which are not agricultural land and which immediately before the commencement of this Order were, or are deemed to have been, supplied with water for domestic purposes.

22/31

23/31

24/31

25/31

26/31

27/31

28/31

29/31

30/31

Hereditaments which are agricultural Land.

12/21

13/21

14/21

15/21

16/21

17/21

18/21

19/21

20/21

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GIVEN under the Official Seal of the Minister for Local Government this Eleventh day of January, One Thousand Nine Hundred and Fifty.

(Signed)      MICHAEL J. KEYES,

Minister for Local Government.