S.I. No. 222/1973:

URBAN DISTRICT OF TRALEE (ALTERATION OF BOUNDARY) ORDER, 1973.

URBAN DISTRICT OF TRALEE (ALTERATION OF BOUNDARY) ORDER, 1973.

The Minister for Local Government in exercise of the powers conferred on him by article 26 of the Local Government (Application of Enactments) Order, 1898 (as applied by section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 ) and subsection (3) of section 42 of the Local Government (Ireland) Act, 1898, hereby orders as follows:--

1. This Order may be cited as the Urban District of Tralee (Alteration of Boundary) Order, 1973.

2. The Interpretation Act, 1937 (No. 38 of 1937) shall apply to this Order.

3. In this Order, "the Boundary Order" means the order made by the Council of the County of Kerry on the 6th day of April, 1971, under subsection (2) of section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , altering the boundary of the Urban District of Tralee.

4. The Boundary Order shall be and is hereby modified in the manner and to the extent necessary to bring it into conformity with the provisions set forth in the Schedule to this Order.

5. The Boundary Order as so modified is hereby confirmed.

SCHEDULE.

County of Kerry.

ORDER (as modified by this Order) OF THE COUNCIL OF THE COUNTY OF KERRY ALTERING THE BOUNDARY OF THE URBAN DISTRICT OF TRALEE.

WHEREAS the Council of the Urban District of Tralee (hereinafter referred to as the "Urban Council") have applied under section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , to the Council of the County of Kerry (hereinafter referred to as "the County Council") for an order altering the boundary of the Urban District of Tralee (hereinafter referred to as the "Urban District") so as to include therein the portion of the County of Kerry specified in the Schedule hereunto annexed.

AND WHERAS the Urban District is an urban district situated in the County of Kerry (hereinafter referred to as "the County"):

AND WHEREAS the County Council being satisfied that a prima facie case existed for the alteration of the boundary of the Urban District caused an inquiry to be made in the locality of the County Council:

AND WHEREAS the County Council have complied with the provisions of the Urban Districts (Alterations of Boundaries) Regulations 1937:

NOW THEREFORE the County Council in exercise of the powers vested in it by section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , hereby order as follows:--

1. (1) This Order shall come into operation on the first day of October, 1973.

(2) The Interpretation Act, 1937 (No. 38 of 1937) shall apply to this Order.

2. On the coming into operation of this Order, the area described in the Schedule hereunto annexed (hereinafter referred to as "the transferred area") shall be detached from the County Health District of Kerry and shall be added to the Urban District, and thenceforward the transferred area shall cease to form part of the County Health District of Kerry and shall be included in and form part of the Urban District for all purposes and the boundary of the Urban District shall be altered accordingly.

3. Every person holding office on the coming into operation of this Order as urban district councillor for the local electoral area of Tralee Urban shall be deemed to have been elected for the local electoral area of Tralee Urban as extended by this Order.

4. (1) The provisions of any public General Act adopted by the Council of the Urban District at the coming into operation of this Order and of any statutory instrument applying to the Urban District and then in force shall apply to the Urban District as extended by this Order and references in any such instrument to the area comprised in the Urban District shall be construed as references to the Urban District as extended by this Order.

(2) All bye-laws and regulations of the County Council and of the Council of the Urban District that are in force in the Urban District at the coming into operation of this Order shall apply to the Urban District as extended by this Order.

5. (1) The County Council and the Council of the Urban District may by agreement make any adjustment of property, rights and liabilities which may be necessary in consequence of this Order.

(2) In default of agreement, any such adjustment of property, rights and liabilities shall be made by such person as shall be appointed for the purpose by the Minister for Local Government.

6. In the Schedule to this Order a reference to the existing boundary shall be construed as a reference to the boundary of the Urban District as existing immediately before the coming into operation of this Order.

GIVEN under the Seal of the Council of the County of Kerry this 6th day of April, 1971.

RÉAMONN Ó SÚILLEABHÁIN,

Chairman.

J. RONAYNE,

Acting County Secretary.

SCHEDULE.

The transferred area shall be all that area comprised between the existing boundary and a line drawn as follows: Starting at the intersection of the existing boundary by the northern boundary of the Killarney and Tralee Branch railway line in the townland of Clash East; thence initially in an easterly direction and proceeding along the said boundary and along its imaginary southerly projection to the intersection of the said projection by the eastern boundary of Clash East townland; thence initially in a northeasterly direction and proceeding along the said townland boundary to its junction with the existing boundary.

GIVEN under the Official Seal of the Minister for Local Government this thirtieth day of July, 1973.

JAMES TULLY,

Minister for Local Government.

EXPLANATORY NOTE.

The effect of this Order is to extend the boundary of the Urban District of Tralee as from 1st October, 1973, by including therein part of the county health district of Kerry.