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1 1966

LOCAL GOVERNMENT PROVISIONAL ORDER CONFIRMATION ACT, 1966

SCHEDULE.

County Borough of Waterford (Extension of Boundary) Provisional Order, 1966.

Section 1 .

The Minister for Local Government in exercise of the powers vested in him by section 36 of the Waterford City Management Act, 1939 (No. 25 of 1939) and section 5 of the Rates on Agricultural Land (Relief) Act, 1939 (No. 23 of 1939), hereby orders as follows:—

Title.

1. This Order may be cited as the County Borough of Waterford (Extension of Boundary) Provisional Order, 1966.

Commencement.

2. This Order shall come into force upon the 1st day of April, 1966, or in the event of the Act confirming this Order not becoming law on or before the said day, on such day as the Minister shall, by order, appoint.

Definitions.

3. (1) In this Order—

the Corporation” means the Mayor, Aldermen and Burgesses of Waterford;

the County Council” means the Council of the County of Waterford;

the City” means the County Borough of Waterford;

the County” means the County of Waterford;

the Minister” means the Minister for Local Government;

the added area” means the area described in the First Schedule to this Order;

the existing boundary” means the boundary of the City as existing immediately before the commencement of this Order;

the commencement of this Order” means the day on which this Order comes into force.

(2) In the First Schedule to this Order a reference to a line drawn along any fence or road shall be construed as a reference to a line drawn along the centre line of the fence or road.

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) Any building through which or through any part of which the boundary of the City 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 triplicate a map drawn to such convenient scale and in such convenient number of separate sheets as shall be approved by the Minister showing in manner approved by the Minister the added area and the City, and shall seal each of such maps and shall deposit one of such maps in the principal office of the said Commissioner, the offices of the Corporation and the offices of the County Council respectively.

(2) The said maps when so deposited in the said offices of the said Commissioner, the Corporation and the County Council 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, the Corporation and the County Council 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 and of the County Council 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 article 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 than two 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) Whenever the County Council and the Corporation fail to agree upon an equitable adjustment of any matter or thing which would be the subject of an agreed adjustment under this article, the Minister shall, upon the request of either the County Council or the Corporation, 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.

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

Resolutions, etc., relating to the added area.

7. 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.

Special provision for the purposes of the Valuation Acts.

8. 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.

Adjustment of agricultural grant.

9. (1) The portion of the agricultural grant payable to the Corporation under section 50 of the Local Government (Ireland) Act, 1898, shall be £315 instead of the sum mentioned in the said section 50.

(2) The sum stated in the second column of the Schedule to the Rates on Agricultural Land (Relief) Act, 1939 (No. 23 of 1939) (as reduced by order of the Minister for Local Government and Public Health dated the 8th day of March, 1946 and by order of the Minister for Local Government dated 31st day of January, 1955) as being payable to the County Council shall for the purposes of the application of the said Schedule to the agricultural grant be reduced by the sum of £176 to £52,558.

Saving from disqualification.

10. A member of the County Council who ceases to be a local government elector in the County in consequence of the inclusion of the added area in the City shall not, by reason only of such cesser, be disqualified from continuing to hold office as a member of the Council until the ordinary day of retirement of the member of the County Council after the election of the members of the County Council held next after the commencement of this Order.

Provisions relating to the register of electors.

11. So much of a register of electors prepared by the County Council as relates to the added area shall form part of the register of electors for the City as from the commencement of this Order and the added area shall be shown separately in such manner as may be decided by the Minister.

Employment Regulation Orders and Hours of Trading Orders.

12. Nothing in this Order shall operate to affect any Employment Regulation Order made by the Labour Court under the provisions of the Industrial Relations Act, 1946 (No. 26 of 1946), or any Order made by the Minister for Industry and Commerce under the Shops (Hours of Trading) Act, 1938 (No. 3 of 1938).

Limitations on Municipal rate.

13. (1) This article applies to hereditaments in the added area which were assessed with the county rate for the local financial year 1965-66.

(2) In this article—

the expression “agricultural land” means lands occupied as arable, meadow or pasture grounds only or as woodlands or market gardens or nursery grounds or allotments and lands which are covered with water and used as a canal or any towing path to the same;

the expression “the assessable valuation of the hereditament” means the valuation under the Valuation Acts of the hereditament as reduced in accordance with section 27 of the Waterford City Management Act, 1939 (No. 25 of 1939) 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 1965-66;

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 the Second Schedule to this Order, the following provisions shall apply in each of the first five 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 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 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.

(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 five 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 the Second 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.