S.I. No. 126/1949:

LOCAL GOVERNMENT (CHANGING OF PLACE NAMES) REGULATIONS, 1949.

LOCAL GOVERNMENT (CHANGING OF PLACE NAMES) REGULATIONS, 1949.

The Minister for Local Government in exercise of the powers vested in him by Sections 4 , 76 , 77 , 78 and 79 of the Local Government Act 1946 (No. 24 of 1946) hereby makes the following regulations :--

1. These Regulations may be cited as the Local Government (Changing of Place Names) Regulations, 1949.

2. In these Regulations the following words and expressions shall have the meaning hereinafter assigned to them :--

" the Minister " means the Minister for Local Government ;

" the Act " means the Local Government Act, 1946 ;

" ratepayer " means--

(a) as respects an urban district, town, townland or street, a ratepayer in such urban district, town, townland or street ;

(b) as respects a non-municipal town, a person whose name appears on the list prepared and adopted in accordance with subsection (4) of section 77 of the act ;

(c) as respects a locality, a person whose name appears on the list prepared and adopted in accordance with subsection (3) of section 79 of the act ;

" district " means an urban district, town, townland or non-municipal town ;

" area " means a street or a locality ;

" place " includes district and area ;

" appropriate authority " means--

(a) as respects an urban district, the council of the urban district ;

(b) as respects a town, the commissioners of the town ;

(c) as respects a townland or non-municipal town situate wholly within one county, the Council of that county.

(d) as respects a townland or non-municipal town situate partly in one county and partly in another the council of such county as shall be determined by the Minister ;

(e) as respects a street the authority specified in subsection (5) of section 78 of the act ;

(f) as respects a locality the authority specified in subsection (5) of section 79 of the act.

3. The prescribed persons for the purposes of subsection (6) of section 76 of the act shall be--

(a) the Minister for Education ;

(b) Uachtarán Comhdháil Náisiúnta na Gaeilge ;

(c) the Commissioner of Valuation ;

(d) the Chief Boundary Surveyor ;

(e) the Director of Ordnance Survey.

4. The prescribed authorities for the purposes of subsection (1) and subsection (2) of section 77 of the act shall be--

(a) the Minister for Education ;

(b) Uachtarán Comhdháil Náisiúnta na Gaeilge ;

(c) the Commissioner of Valuation ;

(d) the Chief Boundary Surveyor ;

(e) the Director of Ordnance Survey.

5. The prescribed persons for the purposes of subsection (8) of Section 76 and subsection (7) of section 77 of the act shall be--

(a) the Minister for Education ;

(b) the Minister for Health ;

(c) the Minister for Industry and Commerce ;

(d) the Minister for Justice ;

(e) the Minister for Posts and Telegraphs ;

(f) the Minister for Social Welfare ;

(g) the Commissioner of Valuation ;

(h) the Chief Boundary Surveyor ;

(i) the Director of Ordnance Survey.

6. The procedure to be followed in ascertaining for the purposes of Sections 76 and 77 of the Act whether not less than four-sevenths of the ratepayers of a district consent to an application being made to the Government for an order changing the name of the district shall be the procedure specified in Part I of the Schedule to these Regulations.

7. The procedure to be followed by the appropriate authority in ascertaining for the purposes of Sections 78 and 79 of the Act, whether not less than four-sevenths of the ratepayers of an area consent to the name of the area being changed shall be the procedure specified in Part I of the Schedule to these Regulations.

SCHEDULE.

PART I.

1. A plebiscite of the ratepayers in a place shall be held by the appropriate authority.

2. The returning officer for the plebiscite shall be the clerk or secretary, as the case may be, of the appropriate authority.

3. The returning officer shall prepare an electoral roll containing the name of each person who is a ratepayer in the place and the address at which each such person ordinarily resides or the address at which demand for payment of rates by such person is made. The names on the roll shall be numbered consecutively.

4. The returning officer shall give to every person whose name is on the electoral roll a ballot paper and a postage prepaid envelope addressed to the returning officer by sending them by ordinary letter post addressed to such person at the address contained in the electoral roll. The returning officer shall post the ballot papers in the presence of the Chairman or such other member or members of the appropriate authority as may be authorised by the authority to witness such posting.

5. If the place is a district the ballot paper shall be in the form set out in Form I of Part II of this Schedule.

6. If the place is an area the ballot paper shall be in the form set out in Form II of Part II of this Schedule.

7. Every ballot paper shall have a number printed on the back thereof and shall have attached a counterfoil with the same number printed on the face thereof.

8. A ratepayer shall have one vote only in a plebiscite notwithstanding that he is rated in respect of more than one hereditament in the place.

9. (a) Every ballot paper shall, at the time of the issue thereof, be marked on both sides with an official mark, and the number in the electoral roll of the person to whom it is being issued shall be entered on the ballot paper and the counterfoil.

(b) The counterfoil shall be detached from the ballot paper before it is issued and shall be retained by the returning officer.

10. In recordng his vote, a voter shall comply with the instructions given on the ballot paper.

11. Completed ballot papers may be returned by ordinary post or otherwise to the returning officer who shall place them in a sealed ballot box.

12. The last day and hour for receiving completed ballot papers shall be fixed by the appropriate authority.

13. No ballot paper received by the returning officer after the hour on the last day fixed for receipt thereof shall be placed in the ballot box.

14. The returning officer shall open the ballot box at a time fixed by the appropriate authority in the presence of the Chairman or such other member or members of the appropriate authority as may be authorised by the authority to attend at the counting of the votes.

15. The returning officer having counted the valid votes and ascertained the number of votes consenting and the number of votes dissenting to the proposed application or the proposed change, shall declare the result of the plebiscite accordingly.

16. Where the place is a district the returning officer shall declare the result of the plebiscite in the form set out in Form III of Part II of the Schedule.

17. Where the place is an area the returning officer shall declare the result of the plebiscite in the form set out in Form IV of Part II of this Schedule.

PART II.

Form I.

FORM OF FRONT OF BALLOT PAPER.

Do you consent to an application being made by the............................................................ .....................to the Government for an order changing the name of............................................................ .................to............................................................ .................

Counterfoil Number.

(This number must correspond with that on the back of the Ballot Paper).

(Mark X in the appropriate

square)

Signature of ratepayer.........................

Address.......................................

Date....................................

The above-named, who is personally known to me, has produced this ballot paper and has marked it and signed it in my presence.

Signature of Witness.............................

Address......................................

(Before marking this ballot paper, read instructions on back.)

FORM OF BALLOT PAPER.

The.......................................at a meeting on the...................day of ......................................passed a resolution proposing that a plebiscite be taken to ascertain whether four-sevenths of the ratepayers in the....................................................consent to an application being made to the Government for an order changing the name of.........................................................to...................................................

As a ratepayer concerned in the proposed application for an order changing the name you are requested to record your vote.

The following instructions should be observed in recording your vote :--

1. This ballot paper must be marked and signed in the presence of a person to whom you are personally known.

2. If you consent to the proposed application being made, place the mark " X " opposite the word " Yes " in the square on the front of this paper.

3. If you do not consent, place the mark " X " in the square opposite the word " No."

4. Sign your name in the place provided on the paper.

5. The declaration at the foot of the ballot paper must be signed by the person in whose presence the ballot paper was marked.

6. Return the completed ballot paper on or before ............p.m. on the ..........day of............................. to............................................................ .

Form II.

FORM OF FRONT OF BALLOT PAPER.

Counterfoil Number (This number must correspond with that on the back of the Ballot Paper).

Do you consent to the name of................................... being changed to......................................................

Counterfoil Number

(This number must correspond with that on the back of the Ballot Paper).

(Mark X in the appropriate

square)

Signature of ratepayer.........................

Address......................................

Date....................................

The above-named, who is personally known to me, has produced this ballot paper and has marked it and signed it in my presence.

Signature of witness.............................

Address......................................

(Before marking this ballot paper, read instructions on back).

FORM OF BACK OF BALLOT PAPER.

The...................................at a meeting on the ...................................day of...................................passed a resolution proposing that a plebiscite be taken to ascertain whether four-sevenths of the ratepayers in............................................consent to a change in the name of......................................... to....................................

As a ratepayer concerned in the proposed change of name you are requested to record your vote.

The following instructions should be observed in recording your vote :--

1. This ballot paper must be marked and signed in the presence of a person to whom you are personally known.

2. If you consent to the proposed change of name, place the mark " X " opposite the word " Yes " in the square on the front of this paper.

3. If you do not consent, place the mark " X " in the square opposite the word " No ".

4. Sign your name in the place provided on the ballot paper.

5. The declaration at the foot of the ballot paper must be signed by the person in whose presence the ballot paper was marked.

6. Return the completed ballot paper on or before............p.m., on the ...................................day of...................................to.............................

Form III.

DECLARATION OF RESULT OF PLEBISCITE.

I, the undersigned, being the Returning Officer at the plebiscite held to ascertain whether not less than four-sevenths of the ratepayers in the ............................................................ .....................................consent to an application being made to the Government for an order changing the name......................................to.............................................hereby declare the result of the said plebiscite as follows :--

Number of ratepayers in place............................................................ ....

Number of votes in favour of the said application being made......................

Dated this...................................

.................................

Returning Officer.

Form IV.

DECLARATION OF RESULT OF PLEBISCITE.

I the undersigned, being the Returning Officer at the plebiscite held to ascertain whether not less than four-sevenths of the ratepayers in the ........................................consent to the name of...............................................being changed to................................................hereby declare the result of the said plebiscite as follows :--

Number of ratepayers in place............................................................ ...

Number of votes in favour of the said change being made............................

Dated this....................................

...................................

Returning Officer.

GIVEN under the Official Seal of the Minister for Local Government this fifth day of May, One Thousand, Nine Hundred and Forty-nine.

(Signed) WILLIAM NORTON,

Minister for Local Government.