S.I. No. 31/1956:

LOCAL GOVERNMENT (CHANGING OF PLACE NAMES) REGULATIONS, 1956.

LOCAL GOVERNMENT (CHANGING OF PLACE NAMES) REGULATIONS, 1956.

The Minister for Local Government in exercise of the powers conferred on him by sections 4 , 76 , 77 , 78 and 79 of the Local Government Act, 1946 (No. 24 of 1946) as amended by section 53 of the Local Government Act, 1955 (No. 9 of 1955) hereby makes the following Regulations :--

1. These Regulations may be cited as the Local Government (Changing of Place Names) Regulations, 1956.

2. In these Regulations--

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

" the Act of 1955 " means the Local Government Act, 1955 ;

" appropriate authority " means--

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

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

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

(d) as respects part of a townland or of a non-municipal town situate in a county, the council of that county ;

(e) as respects a street, the authority specified in subsection (6) (added by section 53 of the Act of 1955) of section 78 of the Act ;

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

" area " means a street or a locality ;

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

" the Minister " means the Minister for Local Government ;

" place " means the district or area in respect of which a local authority propose to hold a plebiscite and

" ratepayer " includes the occupier of a small dwelling within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928 and does not include the owner unless the owner is the occupier.

3. The prescribed persons for the purposes of subsection (6) of section 76 and subsections (1) and (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 and

(e) The Director of Ordnance Survey.

4. 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 Lands ;

(f) the Minister for Posts and Telegraphs ;

(g) the Minister for Social Welfare ;

(h) the Commissioner of Valuation ;

(i) the Chief Boundary Surveyor and

(j) the Director of Ordnance Survey.

5. The procedure to be followed by the appropriate authority in ascertaining--

(a) 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, and

(b) 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.

6. The Local Government (Changing of Place Names) Regulations, 1949, ( S.I. No. 126 of 1949 ) are hereby revoked.

SCHEDULE

PART I.

1. Before adopting a list of ratepayers in a place under sections 76, 77, 78 and 79 of the Act (as amended by section 53 of the Act of 1955), the appropriate authority shall, by advertisement in one or more than one, newspaper circulating in the functional area of the appropriate authority, and if they think fit, by the display of posters in or near the place, cause notice to be given that the list of ratepayers has been prepared and is open for inspection at the offices of the authority.

2. The appropriate authority shall, in adopting the list of ratepayers, have regard to any objections in writing received within three weeks of the publication of the advertisement giving notice of the preparation of the list of ratepayers.

3.--(1) Save where the place is a townland or non-municipal town situate partly in one county and partly in another county, a plebiscite of the ratepayers in the place shall be held by the appropriate authority and the secretary or clerk of the appropriate authority shall be the returning officer.

(2) Where the place is a townland or non-municipal town situate partly in one county and partly in another county, a plebiscite of the ratepayers in the place shall be held by the council of the county which contains the greater number of the ratepayers in the place. In case each county contains an equal number of the said ratepayers, a plebiscite shall be held by the council of such of the counties as may be determined by the Minister. The Secretary of the council holding the plebiscite shall be the returning officer.

4. The returning officer shall prepare an electoral roll containing the name of each person who is on the list of ratepayers 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.

5. The returning officer shall send by ordinary post to every person whose name is on the electoral roll at the person's address in that roll a ballot paper and a postage prepaid envelope addressed to the returning officer. The returning officer shall post the ballot papers in the presence of the chairman or such other member or members of the local authority as may be authorised by that authority to witness such posting.

6. 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.

7. 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.

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

9. 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.

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

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

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 returning officer.

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 in the presence of the chairman or such other member or members of the appropriate authority as may be authorised by that 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 plebiscite relates to a district the returning officer shall declare the result of the plebiscite in the form set out in Form III of Part II of this Schedule.

17. Where the plebiscite relates to 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.

BALLOT PAPER.

No..................

To.................................

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

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

Counterfoil Number.........(This number should correspond with that on the ballot paper).

The............................................................ ............at a meeting on the....................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 you are requested to indicate whether you consent to the application being made. In the presence of a witness to whom you are known personally you should place the mark " X " opposite the word " Yes " below if you consent or opposite the word " No " if you do not consent. This ballot paper must be signed in the presence of the witness who must also sign in the appropriate place. It should be returned so as to reach the address on the enclosed envelope before..................o'clock on the.............................

Signature of Ratepayer............................................................ 

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

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

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

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

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

Note : The occupier of a small dwelling within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928 , is, for the purposes of this plebiscite, regarded as the ratepayer.

BALLOT PAPER.

Form II.

No...................

To.................................

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

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

Counterfoil Number.........(This number should correspond with that on the ballot paper).

The............................................................ ..........at a meeting on the..............................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 indicate whether you consent to the proposed change. In the presence of a witness to whom you are known personally you should place the mark " X " opposite the word " Yes " below if you consent or opposite the word " No " if you do not consent. This ballot paper must be signed in the presence of the witness who must also sign in the appropriate place. It should be returned so as to reach the address on the enclosed envelope before............o'clock on the..................day of..............................

Signature of Ratepayer............................................................ 

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

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

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

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

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

Note : The occupier of a small dwelling within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928 , is for the purposes of this plebiscite regarded as the ratepayer.

DECLARATION OF RESULT OF PLEBISCITE.

Form III.

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 of..............................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.

DECLARATION OF RESULT OF PLEBISCITE.

Form IV.

I, the undersigned, being the returning officer at the plebiscite held to ascertain whether not less than four-sevenths of the ratepayers in ............................................................ ........................................... 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 first day of March, One Thousand Nine Hundred and Fifty-six.

PATRICK O'DONNELL,

Minister for Local Government.