No. 8/1945:

LOCAL GOVERNMENT (DUBLIN) ACT, 1945

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Increase of number of members of the city council.

3 Electoral areas in the city.

4 Appointment of deputy Lord Mayor of Dublin.

5 Extension of period for holding the new election of members of council of county of Dublin.

6 Postponement of new election of members of Dublin Board of Assistance.

7 Postponement of new election of members of Rathdown Board of Assistance.

8 Postponement of new election of members of Balrothery Board of Assistance.

9 Adaptation of existing enactments.

10 Short title and collective citation.

AN ACT TO MAKE CERTAIN PROVISIONS IN RELATION TO LOCAL GOVERNMENT IN THE COUNTY BOROUGH OF DUBLIN AND THE COUNTY OF DUBLIN.

[20th March, 1945.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS.:—

1.—In this Act—

the expression "the Act of 1941" means the Local Government Act, 1941 ( No. 23 of 1941 );

the expression "the city" means the county borough of Dublin;

the expression "the city council" means the council established by the Local Government (Dublin) Act, 1930 ( No. 27 of 1930 ) for the city;

the expression "the Minister" means the Minister for Local Government and Public Health.

2.—(1) The city council shall, on and after the ordinary day of retirement of members thereof next after the passing of this Act, consist of forty-five members and that number of members shall accordingly be elected at every election of members of the city council held after the passing of this Act.

(2) So much of paragraph (a) of section 2 of the Local Government (Dublin) Act, 1935 ( No. 10 of 1935 ), as enacts that the city council shall consist of thirty-five members shall be repealed on the ordinary day of retirement of members of the city council next after the passing of this Act.

3.—(1) The Minister may by order—

( a ) make a new division of the city into electoral areas, and

( b ) assign to each such electoral area the number of members of the city council to be elected therefor.

(2) It shall be obligatory on the Minister to make an order under this section before the election of members of the city council held next after the passing of this Act.

(3) Subject to subsection (2) of this section, the Minister may make an order under this section whenever and so often as he thinks proper.

(4) The electoral areas into which the city is divided by an order under this section shall be five or more in number and such areas shall be the borough electoral areas in the city for the purposes of the Local Government (Ireland) Act, 1919, and subsequent enactments.

(5) In assigning by an order under this section the numbers of members to be elected for the electoral areas specified in the order, the Minister shall have regard to the populations and rateable valuations of such areas.

(6) The division of the city into electoral areas made by an order under this section shall (without prejudice to any subsequent such order) have effect for the purposes of the election of members of the city council held next after the order is made and thereafter.

(7) The number of members to be elected, at every election of members of the city council held after the making of an order under this section, for each electoral area specified in the order shall (without prejudice to any subsequent such order) be the number assigned by the order to that electoral area.

(8) Every order under this section shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made and, if a resolution annulling the order is passed by either such House within the next seven days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

4.—(1) Where the Lord Mayor of Dublin is unable to discharge his functions during any period on account of illness or necessary absence from the city, he may, subject to the provisions of this section, appoint a member of the city council to be deputy Lord Mayor of Dublin during that period and the person so appointed may discharge the functions of the Lord Mayor of Dublin during that period.

(2) The period for which a person is appointed under subsection (1) of this section shall not, save with the consent of the city council, exceed two months.

(3) Where the power conferred by subsection (1) of this section is exercised in relation to two or more periods occurring during any period of twelve months, the aggregate of those periods shall not, save with the consent of the city council, exceed three months.

(4) Section 48 of the private pre-union Irish statute passed in the session of 1771-72 and numbered chapter xi (An Act for better regulating the Foundling Hospital and Work-house in the city of Dublin, etc., 11 & 12 Geo. III, c. xi) is hereby repealed.

5.—(1) In this section, the expression "the new election" means the election of members of the council of the county of Dublin which at the passing of this Act stands required by section 45 of the Act of 1941 to be held.

(2) Subject to subsection (3) of this section, the day to be fixed under section 45 of the Act of 1941 for the holding of the new election of members of the council of the county of Dublin shall be within the period beginning on the day on which this Act is passed and ending on the 1st day of July, 1946.

(3) If the Minister becomes of opinion that it is inadvisable to hold the new election of members of the council of the county of Dublin within the period mentioned in subsection (2) of this section—

( a ) because an alteration of the constitution and functions of the authorities administering local government in the county of Dublin is being considered by the Minister,

( b ) because reorganisations in the administration of the functions of the council of the county of Dublin or of any body whose expenses are provided in whole or in part by that council are incomplete, or

( c ) for any other reason connected with the administration of the functions of the council of the county of Dublin,

the Minister may by order extend the said period by a period not exceeding two years or by a series of orders extend it by successive periods not exceeding two years in the aggregate.

(4) If the new election of members of the council of the county of Dublin is held in the year 1946 or the year 1947—

( a ) without prejudice to subsection (4) of section 45 of the Act of 1941 , the new election shall not be a triennial election, and

( b ) an election of members of the council of the county of Dublin shall also be held in the year 1948 and that election shall be a triennial election.

(5) If the new election of members of the council of the county of Dublin is held in the year 1945 or in the year 1948, it shall be a triennial election.

(6) Subsection (2) of section 45 of the Act of 1941 shall not apply to the new election.

(7) Every order under this section shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

6.—(1) In this section, the expression "the new election" means the election of members of the Dublin Board of Assistance which at the passing of this Act stands required by section 45 of the Act of 1941 to be held.

(2) An election of members of the Dublin Board of Assistance shall be held in the year 1948 (and not earlier) in accordance with the provisions in that behalf of the Public Assistance Act, 1939 ( No. 27 of 1939 ) and such election shall be deemed to be the new election.

(3) Subsection (2) of section 45 of the Act of 1941 shall not apply to the new election,

7.—(1) In this section, "the expression the new election" means the election of members of the Rathdown Board of Assistance which at the passing of this Act stands required by section 45 of the Act of 1941 to be held.

(2) An election of members of the Rathdown Board of Assistance shall be held in the year 1948 (and not earlier) in accordance with the provisions in that behalf of the Public Assistance Act, 1939 ( No. 27 of 1939 ), and such election shall be deemed to be the new election.

(3) Subsection (2) of section 45 of the Act of 1941 shall not apply to the new election.

8.—(1) In this section, the expression "the new election" means the election of members of the Balrothery Board of Assistance which at the passing of this Act stands required by section 45 of the Act of 1941 to be held.

(2) An election of members of the Balrothery Board of Assistance shall be held in the year 1948 (and not earlier) in accordance with the provisions in that behalf of the Public Assistance Act, 1939 ( No. 27 of 1939 ), and such election shall be deemed to be the new election.

(3) Subsection (2) of section 45 of the Act of 1941 shall not apply to the new election.

9.—(1) The Minister may by order make such adaptations in any enactment in force at the passing of this Act and relating to matters affected by this Act as are in his opinion necessary to enable the enactment to have effect in conformity with the provisions of this Act.

(2) Every order under this section shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder,

10.—(1) This Act may be cited as the Local Government (Dublin) Act, 1945.

(2) This Act and the Local Government (Dublin) Acts, 1930 to 1940, may be cited together as the Local Government (Dublin) Acts, 1930 to 1945.