Statutory Instruments

S.I. No. 604 of 2001

BALLINA URBAN DISTRICT BOUNDARY ALTERATION (SUPPLEMENTARY) ORDER, 2001

S.I. No. 604 of 2001

BALLINA URBAN DISTRICT BOUNDARY ALTERATION (SUPPLEMENTARY) ORDER, 2001

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 , ( No. 11 of 1991 ) hereby orders as follows:-

Citation

1.       This Order may be cited as the Ballina Urban District Boundary Alteration (Supplementary) Order, 2001.

Interpretation

2.       In this Order --

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

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

“the primary order” means the Ballina Urban District Boundary Alteration Order, 2001;

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

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

Commencement

3.       This Order shall come into operation on 1 January 2002.

General provisions relating to the relevant areas

4.       (1)(a) 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.

(b)     Without prejudice to the generality of paragraph (a) of this sub-article, “thing” as therein used shall include any matters encompassed by section 34(6) of the Local Government Act, 1991 .

(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, or otherwise.

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 by the primary order.

Cesser

7.       The alteration of the boundary of the Urban District of Ballina 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.

Provision in regard to the development plan

8.       That part of the County Development Plan made by the County Council, 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 Acts 2000 and 2001, 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.

9.       (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 Ballina 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 Ballina and of the County Health District of Mayo.

Explanatory Note

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

This order should be read together with the Ballina Urban District Boundary Alteration Order 2001 ( S.I. No. 603 of 2001 ), which extends the boundary of Ballina Urban District from 1 January 2002.