No. 25/1933:

THE LOCAL GOVERNMENT (APPLICATION AND ADAPTATION OF ENACTMENTS) (DUBLIN) ORDER, 1933.

THE LOCAL GOVERNMENT (APPLICATION AND ADAPTATION OF ENACTMENTS) (DUBLIN) ORDER, 1933.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

THE LOCAL GOVERNMENT ACT, 1925 .

THE LOCAL GOVERNMENT (DUBLIN) ACT, 1930 .

WHEREAS by sub-section (1) of section 86 of the Local Government Act, 1925 (in this Order referred to as " the Act ") it is provided that the Minister for Local Government and Public Health may by Order do, amongst other matters, the following, that is to say :—

(a) apply to boards of health any existing enactment relating to county or district councils with such modifications as he shall deem necessary ;

(b) make such adaptations of any existing enactment (including any Local Act), relating to any matter dealt with or affected by the Act as appear to him necessary or expedient for carrying the Act into effect :

AND WHEREAS before the passing of the Local Government (Dublin) Act, 1930 , the said section 86 (with other portions of the Act) did not apply to the County or the City of Dublin :

AND WHEREAS by sub-section (1) of section 85 of the said Local Government (Dublin) Act, 1930 , those portions of the Act (including the said section 86) which did not apply before the passing of the said Local Government (Dublin) Act, 1930 , to the County or City of Dublin were applied to the said County and City with and subject to all such general modifications as might be necessary to enable such application to have effect and with and subject to certain particular modifications in the said section specified :

And WHEREAS the enactments which are set forth in the First Schedule to this Order are existing enactments and relate to county or district councils :

AND WHEREAS the enactments which are set forth in the Second Schedule to this Order are existing enactments and relate to matters dealt with or affected by the Act, and the adaptations of the said enactments set forth in the said Second Schedule appear to the Minister for Local Government and Public Health to be necessary for carrying the Act into effect :

NOW THEREFORE I, the Minister for Local Government and Public Health, in exercise of the powers conferred on me by the said section 86 of the Act and of all other powers enabling me in this behalf, do hereby order as follows, that is to say :—

1.—In this Order all expressions shall have the same meaning as in the Act.

2.—Each of the enactments set forth in the First Schedule to this Order shall apply to a board of health of a county health district in the County of Dublin in the same manner as such enactment applied to the council of a rural district in the said County immediately before the councils of such rural districts were abolished.

Each of the enactments mentioned in the Second Schedule to this Order is hereby adapted in the manner and to the extent specified in the said Second Schedule and shall have effect in the County and the City of Dublin as so adapted.

3.—This Order may be cited as " the Local Government (Application and Adaptation of Enactments) (Dublin) Order, 1933."

Given under the Official Seal of the Minister for Local Government and Public Health this Tenth day of March, One Thousand Nine Hundred and Thirty-three.

(Signed) SEÁN T. Ó CEALLAIGH,

Minister for Local Government and Public Health.

FIRST SCHEDULE.

ENACTMENTS APPLIED TO BOARDS OF HEALTH.

Local Government (Ireland) Act, 1871.

Sections 12 to 18 (as amended by any subsequent enactment).

Local Government (Ireland) Act, 1898.

Sub-sections (2) and (3) of section 33.

Section 36.

Section 47.

Section 80.

Section 81.

Sub-sections (1) and (3) of section 82.

Section 100.

Local Government (Application of Enactments) Order, 1898.

Sub-articles (1), (2), (3), (4), (5), (6) and (7) of Article 12 of the Schedule.

Sub-article (3) of Article 19 of the Schedule.

SECOND SCHEDULE.

ADAPTATION OF ENACTMENTS.

I.—In the Public Health (Ireland) Acts, 1878 to 1919, and in the Labourers (Ireland) Acts, 1883 to 1906, and in every general order or regulation made under any of the said Acts,

(a) for " rural district " shall be substituted " rural sanitary district," and

(b) for " rural district council," and for " district council " or " council '' used in reference to a rural district council, shall be substituted " rural sanitary authority," and

(c) for " clerk to a rural district council " shall be substituted " secretary to a rural sanitary authority.''

II.—In the Local Government (Ireland) Act, 1898, the following adaptations shall be made, that is to say—

1. In section 34 for " rural district council " there shall be substituted " rural sanitary authority."

2. In section 35 for " rural district " there shall be substituted " county health district " and for " council " there shall be substituted " board of health."

3. In section 50 for " rural district " there shall be substituted " county health district."

4. In paragraph (b) of sub-section (2) of section 58 for " rural district " there shall be substituted " county health district " and after " the district council " there shall be inserted " or board of health."

III.—In sub-article (1) of Article 20 of the Schedule to the Local Government (Application of Enactments) Order, 1898, after " county council " there shall be inserted " and the secretary of every board of health " and the words " and rural " shall be omitted.

IV.—In Article 37 of the Local Government (Adaptation of Irish Enactments) Order, 1899, the following adaptations and modifications shall be made, that is to say :—

1. Paragraphs (h), (i), and (j) shall be deleted and three new paragraphs substituted therefor, as follows :—

" (h) The Commissioner of Valuation, when he transmits the copy of the revised list to any county council, shall indicate thereon in coloured ink or otherwise as may be convenient any changes made by such revised list in the valuation of any tenement or hereditament and the secretary of the county council shall leave the copy of the revised list open for public inspection at the office of the county council as provided by section eighteen of the Valuation (Ireland) Act, 1852, as adapted by this Order, and the Commissioner of Valuation or the secretary of the county council shall within the period specified by the said section supply to the owner or occupier of any tenement or hereditament the valuation of which has been altered in such list who makes application therefor a copy of such portion of such list as relates to such tenement or hereditament.

(i) Within three days after the receipt of the revised list by a county council the secretary shall cause to be affixed on or near the principal outer door of every church, chapel, and meeting house (if any) within a county health district in the county the notice of publication hereinafter referred to, and shall also publish the said notice in a newspaper circulating in the county.

(j) The notice of publication shall be a notice in the form (if any) prescribed by the Commissioner of Valuation, and shall state the time at which the revised list was transmitted to the county council, that the said list may be inspected at the county council offices at all reasonable hours during twenty-one days next after the publication of the notice, and that the owner or occupier of any tenement or hereditament the valuation of which has been altered in the said list can obtain a copy of the portion of the said list relating to such tenement or hereditament by applying within such twenty-one days to the Commissioner of Valuation or the secretary of the county council."

2. In paragraph (m) for the words " in rural county districts, according to townlands " shall be substituted the words " in county health districts, according to townlands and district electoral divisions," and for the words " county district " shall be substituted the words " county health or urban district.''

V.—The Factory and Workshop Act, 1901, shall be adapted as follows :—

1. " sanitary authority " shall be substituted for either " district council " or " council. "

2. For sub-section (8) of section 14 a new sub-section shall be substituted as follows:—

" (8) All expenses incurred by a sanitary authority in the execution of this section shall be defrayed as part of their expenses of the general execution of the Public Health (Ireland) Acts, 1878 to 1919, as amended by the Local Government Act, 1925 ."

3. Section 154 shall be deleted.

4. In sub-section (1) of section 156 at the end of the sub-section there shall be inserted the following :—

" The expression ' sanitary authority ' has the same meaning as in the Public Health (Ireland) Acts, 1878 to 1919, as amended by the Local Government Act, 1925 . "

5. In sub-section (5) of section 160 the words " or a county medical officer of health " shall be inserted at the end.

VI.—In sub-section (1) of section 6 of the Local Government (Ireland) Act, 1902, for the words " or any rural district " shall be substituted the words " or any county health district " and for the words " or that rural district " shall be substituted the words " or the rural districts which were situate within the area of that county health district."

VII.—The Notification of Births Act, 1907, shall be adapted as follows :—

1. In sub-section (6) of section 1 " board of health " shall be substituted for " rural district council."

2. Sub-section (4) of section 2 shall shall be deleted and a new sub-section substituted, as follows :—

" (4) In this Act the expression ' local authority ' means the council of a borough, or the council of an urban district, or the board of health of a county health district."

VIII.—In Article 28 of the Dairies, Cowsheds and Milkshops (Ireland) Order, 1908, the definition of the expression " local authority " shall be deleted, and the following definition substituted therefor :—

" The expression ' local authority ' means the sanitary authority within the meaning of the Public Health (Ireland) Acts, 1878 to 1919, as amended by the Local Government Act, 1925 . "

IX.—Sub-section (6) of section 1 of the Rag Flock Act, 1911, shall be deleted and a new sub-section substituted, as follows :—

" (6) The expenses of sanitary authorities under this Act shall be defrayed as part of the general expenses incurred under the Public Health Acts."

X.—The Notification of Births (Extension) Act, 1915, shall be adapted as follows:—

1. In paragraph (c) of sub-section (2) of section 3 for " rural district " there shall be substituted " county health district.''

2. For paragraph (d) of sub-section (2) of section 3 there shall be substituted a new paragraph as follows :—

" (d) The expression ' medical officer of health ' means in a county borough the medical superintendent officer of health of such borough, and elsewhere the county medical officer of health."

3. In sub-section (2) of section 4 for " rural districts in Ireland " shall be substituted " county health districts."