STATUTORY INSTRUMENTS

S.I. No. 452 of 2000

KILLARNEY URBAN DISTRICT BOUNDARY ALTERATION (SUPPLEMENTARY) ORDER, 2000.

S.I. No. 452 of 2000

KILLARNEY URBAN DISTRICT BOUNDARY ALTERATION (SUPPLEMENTARY) ORDER, 2000.

The Minister for the Environment and Local Government in exercise of the powers conferred on him by sections 3 and 34 of the Local Government Act, 1991 , hereby orders as follows:--

Citation.

1. This Order may be cited as the Killarney Urban District Boundary Alteration (Supplementary) Order, 2000

Interpretation.

2. In this Order--

“the boundary alteration” means the alteration of the boundaries of the County Health District of Kerry and the Urban District of Killarney effected by the primary order;

“the County Council” means the Council of the County of Kerry;

“the primary order” means the Killarney Urban District Boundary Alteration Order, 2000;

“relevant area” has the same meaning as in the primary order;

“the Urban District Council” means the Council of the Urban District of Killarney.

Commencement.

3. This Order shall come into operation on 1 January 2001.

General provisions relating to the relevant areas.

4. (1) Any thing done, or treated by virtue of any enactment as having been done, by, to, or in relation to the County Council (including, in particular, every resolution passed, order made, and notice served) before the commencement of this Order, in the exercise or performance of or by the County Council of any of its powers, functions or duties, shall, insofar as it relates to the relevant areas and is not inconsistent with this Order, be treated as having been done by, to, or in relation to the Urban District Council.

(2) Any outstanding rates, charges or other debts or liabilities due to the County Council before the commencement of this Order and unpaid and relating wholly or in part to any relevant area shall, notwithstanding the boundary alteration, remain due and payable to the County Council and may be recovered accordingly.

(3) The boundary alteration shall not affect the continuance of legal proceedings commenced by or against the County Council before the commencement of this Order in relation to any right, duty, liability or other matter connected with, or related to, any relevant area.

Adjustments between authorities.

5. The County Council and the Urban District Council may by agreement make any adjustment necessary in consequence of the boundary alteration, including:

(a) any adjustment in respect of property whether real or personal (including choses-in-action), vested in or belonging to or held in trust for either authority concerned and wholly or partly situate in or relating to any relevant area, and such adjustment may provide for the transfer of any such property from one authority to the other or for the joint user of such property;

(b) any financial adjustment considered necessary in consequence of the provisions of article 4 (2) of this Order.

Continuation in office of urban district councillors.

6. Every person holding office on the commencement of this Order as a member of the Urban District Council shall be deemed to hold office for the Urban District as altered.

Boundary alteration for electoral purposes only under regulations made under s.17 of 1994 Act to cease to have effect.

7. The alteration of the boundary of the Urban District of Killarney as effected for electoral purposes only by the Local Government (Boundaries) (Town Elections) Regulations, 1994, ( S.I. No. 114 of 1994 ) shall cease to have effect on and from the commencement of this Order.

Provisions in regard to polling districts and polling places.

8. (1) Where on the commencement of this Order a polling district is situated partly within and partly without any relevant area, the Secretary of the County Council shall with respect to each part of such polling district--

(a) join it or parts of it to any adjoining polling district or districts, or

(b) constitute it as a polling district and appoint a polling place for it.

(2) Any arrangement made pursuant to this article shall have effect until (and only until) the first scheme under section 28 of the Electoral Act, 1992 in relation to the county comes into operation after the commencement of this Order.

Provisions in regard to the register of electors.

9. (1) As soon as may be after the commencement of this Order, the County Council shall, if appropriate, adapt the register of electors so as to correspond with any arrangements made pursuant to article 8 of this Order.

(2) In respect of a polling district or part of a polling district situated within the relevant areas, the County Council shall, as soon as may be after the commencement of this Order, enter the name of the electoral area of the Urban District of Killarney on any relevant title page of the register of electors.

Provision in regard to the development plan.

10. That part of the County Development Plan made by the County Council, including the Development Plan for the Environs of Killarney, in relation to the relevant areas shall, in so far as it had effect immediately before the commencement of this Order, continue on and from such commencement to have such effect pending the making of a new development plan by the Urban District Council, in accordance with the Planning and Development Act, 2000 , or the making by the Urban District Council of a variation of the current development plan as regards the relevant areas.

Preparation of official maps, etc.

11. (1) As soon as may be after the commencement of this Order, the Chief Boundary Surveyor shall prepare four copies of the map attached to the primary order showing the relevant areas and the altered boundary of the Urban District of Killarney and shall seal each of the maps and shall deposit one of the maps in the principal offices of the said Surveyor, another in the offices of the Urban District Council, another in the offices of the County Council and another in the offices of the Minister for the Environment and Local Government.

(2) The said maps, once deposited in accordance with sub-article (1) of this article, shall be retained in the said offices and the maps, or true copies of them, shall be made available for public inspection at the offices of the said Surveyor, Urban District Council and County Council during normal office hours and a copy of the map, or an extract from it, shall be made available to any member of the public for a charge not exceeding the reasonable cost of making such a copy.

(3) It shall be the duty of the said Surveyor and of the Urban District Council and of the County Council respectively, whenever required to do so 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 under this article and to verify such copy to such Court by the oath of an officer of the said Surveyor, Urban District Council or County Council (whose official position it shall not be necessary to prove) 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 relevant areas and of the altered boundary of the Urban District of Killarney and of the County Health District of Kerry.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This order should be read together with the Killarney Urban District Boundary Alteration Order 2000 ( S.I. No. 451 of 2000 ), which extends the boundary of Killarney Urban District from 1 January 2001.