S.I. No. 155/1955:

PUBLIC BODIES (TEMPORARY PROVISIONS) ORDER, 1955.

PUBLIC BODIES (TEMPORARY PROVISIONS) ORDER, 1955.

The Minister for Local Government in exercise of the powers conferred on him by section 22 of the Local Government (Ireland) Act, 1902, section 50 of the Local Government Act, 1955 (No. 9 of 1955) and sections 9 and 10 of the City and County Management (Amendment) Act, 1955 (No. 12 of 1955) and in exercise of every other power enabling him in this behalf hereby orders as follows :--

1. In this Order the expression " the Principal Order " means the Public Bodies Order, 1946, as amended by the Public Bodies (Temporary Provisions) Order, 1947 and the Public Bodies (Temporary Provisions) Order, 1954.

2. This Order shall come into operation on the 31st day of October, 1955 and shall continue in force until such time as the Minister otherwise orders.

3. As long as this Order is in force, the Principal Order shall have effect with the amendments specified in the Schedule hereto.

4. This Order may be cited as the Public Bodies (Temporary Provisions) Order, 1955 and shall be construed as one with the Public Bodies Order, 1946, the Public Bodies (Temporary Provisions) Order, 1947 and the Public Bodies (Temporary Provisions) Order, 1954.

SCHEDULE.

PART I.

AMENDMENTS OF THE PRINCIPAL ORDER.

1. In article 2 of the Public Bodies Order, 1946, there shall be inserted the following definitions :--

(a) the expression " the Act of 1940 " means the County Management Act, 1940 (No. 12 of 1940) ;

(b) the expression " the Act of 1955 " means the Local Government Act, 1955 (No. 9 of 1955) ;

(c) the expression " the Management Act " means the City and County Management (Amendment) Act, 1955 (No. 12 of 1955) ;

(d) the expression " estimates committee " has the meaning assigned to it in section 7 of the Management Act ;

(e) the expression " the Order of 1946 " means the Public Bodies Order, 1946 (No. 273 of 1946) ;

(f) the expression " the Order of 1947 " means the Public Bodies (Temporary Provisions) Order, 1947 (No. 367 of 1947) ;

(g) the expression " the Order of 1954 " means the Public Bodies (Temporary Provisions) Order, 1954 (No. 232 of 1954).

2. In article 2 of the Order of 1946 for the definitions of " estimate of expenses " estimates meeting " and " traffic sign " there shall be substituted the following :

(a) the expression " estimate of expenses " has the meaning assigned to it in section 9 of the Management Act ;

(b) the expression " estimates meeting " has the meaning assigned to it in section 10 of the Management Act ;

(c) the expression " traffic sign " has the meaning assigned to it in subsection (1) of section 36 of the Act of 1955.

3. For Part IV articles 53 to 59 inclusive of the Order of 1946 there shall be substituted the following:--

ESTIMATES OF EXPENSES AND DEMANDS OF LOCAL AUTHORITIES.

Estimate of expenses of an elective body which is not a rating authority.

53. The prescribed period for the preparation of the estimate of expenses of an elective body which is not a rating authority shall be the months of November and December in the previous local financial year and the prescribed period for the holding of the estimates meeting of such elective body shall be the months of December and January in the previous local financial year.

Estimate of expenses of a county council.

53A. The prescribed period for the preparation of the estimate of expenses of a county council shall be from the 1st day of January to the 8th day of February in the previous local financial year and the prescribed period for the holding of the estimates meeting of a county council shall be from the 9th day of February to the 31st day of March in the previous local financial year.

Estimate of expenses of a corporation of a county borough.

53B. The prescribed period for the preparation of the estimate of expenses of a corporation of a county borough shall be the months of January and February in the previous local financial year and the prescribed period for the holding of the estimates meeting of a council of a county borough shall be the month of March in the previous local financial year and the month of April in the local financial year.

Estimate of expenses of an urban authority.

53C. The prescribed period for the preparation of the estimate of expenses of an urban authority shall be the period from the 9th day of February to the 31st day of March in the previous local financial year and the prescribed period for the holding of the estimates meeting of an urban authority shall be the month of March in the previous local financial year and the month of April in the local financial year.

Failure to furnish demand.

54. If the demand from any public body to which a rating authority is bound to supply money has not been received before the termination of the prescribed period for the preparation of the estimate of expenses the estimates committee or, in the event of the estimate of expenses not having been prepared by an estimates committee, the manager, shall include in the estimate of expenses of such rating authority such sum by way of provision for the demand of the public body as the estimates committee or the manager shall determine to be sufficient.

Notice of making of estimate of expenses.

55. The prescribed public notice of the fact that an estimate of expenses has been made by a local authority shall be given in Form E. 7 by publication in one or more newspapers circulating in the functional area of the local authority.

Adoption of estimate of expenses and demand by an elective body which is not a rating authority.

56.--(1) The estimate of expenses of an elective body which is not a rating authority shall be prepared as part of the estimate of expenses and demand in the prescribed form in the Schedules to the Order of 1946 and the Order of 1954 or if there is no such form in the said Schedules, in the form specially prescribed by the Minister in pursuance of section 23 (repealed by the Management Act) of the Act of 1940, for such body.

(2) At the estimates meeting of an elective body which is not a rating authority such body shall adopt the estimate of expenses by passing the first of the resolutions referred to in the certificate at the foot of the prescribed form and shall adopt in accordance with such estimate of expenses the demand whereby the money to meet the expenses of such body in the local financial year next ensuing is to be obtained by completing the said form and passing the second of the resolutions referred to in the said certificate.

(3) Before the conclusion of the estimates meeting of an elective body which is not a rating authority, the chairman shall sign and the secretary or clerk shall countersign the certificate on the estimate of expenses and demand.

(4) Where the money to meet any of the expenses of an elective body which is not a rating authority is supplied by two or more rating authorities, an estimate of expenses and demand shall be prepared and completed by such elective body for each rating authority.

(5) As soon as may be after the conclusion of the estimates meeting of an elective body which is not a rating authority the secretary or clerk shall transmit an estimate of expenses and demand to every rating authority by which the money to meet any of the expenses of the elective body is supplied and shall also send to the Minister a certified copy thereof.

Adoption of estimate of expenses and determination of rates in the pound by a rating authority.

56A.--(1) The estimate of expenses of a county council shall be prepared as part of the estimate of expenses and determination of the rates in the pound in the prescribed Form E.1 in the Schedule to the Order of 1954.

(2) The estimate of expenses of a corporation of a county borough shall be prepared as part of the estimate of expenses and determination of rates in the pound in such form as the Minister shall direct or approve from time to time.

(3) The estimate of expenses of an urban authority shall be prepared as part of the estimate of expenses and determination of the rates in the pound in the prscribed Form E.2 in the Schedule to the Order of 1946 as amended by article 5 of the Order of 1947.

(4) At the estimated meeting of a rating authority, such authority shall adopt the estimate of expenses (with or without amendment) by passing the first of the resolutions referred to in the certificate at the foot of the prescribed form and shall determine in accordance with the estimate of expsenses as so adopted, the rates in the pound to be levied for the several services, separate charges (if any) and town charges (if any) specified in the estimate of expenses by entering the said rates in the columns provided for the purpose in the said form and passing the second of the resolutions referred to in the said certificate.

(5) Before the conclusion of the estimates meeting the Lord Mayor, Mayor or Chairman of the rating authority shall sign the certificate at the foot of the estimate of expenses and the determination of the rates in the pound and the secretary or clerk shall countersign the said certificate.

(6) As soon as may be after the conclusion of the estimates meeting of a rating authority the secretary or clerk shall send to the Minister a certified copy of the estimate of expenses and determination of the rates in the pound as adopted and determined by the rating authority.

Additional information to be incorporated in estimate of expenses.

57. The estimates committee, and in the event of the estimate of expenses not having been prepared by an estimates committee, the manager, shall annex to the estimate of expenses of each local authority explanatory and comparative appendices which shall be prepared in accordance with the particular headings of the income and expenditure contained in the appropriate abstract of accounts prescribed or approved by the Minister and so arranged as to form an integral part of the said estimate of expenses.

Demand by county council on urban authority.

58.--(1) Immediately after the conclusion of the estimates meeting of a county council at which the estimate of expenses for a local financial year has been adopted, the secretary of the county council shall furnish to the town clerk of every urban area situate in the county a certified copy of the estimate of expenses of the county council with the explanatory and comparative appendices attached thereto together with a statement, prepared in accordance with the particulars contained in Form E.8, showing the amount which will be demanded from the urban authority of the urban area.

(2) At the meeting at which the county council have made the rate in the pound of the county rate they shall cause to be duly sealed and signed a demand in Form E.8 on the urban authority of every urban area in the county for the amount to be demanded from such authority and the demand shall be transmitted forthwith by the secretary of the county council to the respective urban authorities.

Calculation of the net produce of a rate of one penny in the pound in an area.

59.--(1) For the purpose of subsection (6) of section 10 of the Act of 1946 as substituted by section 50 of the Act of 1955 the net produce in a local financial year of a rate of one penny in the pound in an area shall be calculated by dividing the rate in the pound determined for such local financial year in respect of the whole of the area into the net amount produced by the rate in the local financial year as ascertained in accordance with sub-article (3) of this article in respect of the area.

(2) For the purpose of subsection (6) of section 10 of the Act of 1946 as substituted by section 50 of the Act of 1955, where an area (in this sub-article referred to as a " joint area ") on which the expenses of the council of a county are charged consists of two or more areas (exclusive of urban areas) for the whole of each of which a different rate in the pound is determined for a local financial year, the net produce of a rate of one penny in the pound in the joint area in a local financial year shall be calculated by adding the produce of a rate of one penny in the pound in each of the areas comprising the joint area computed in the manner prescribed in the next preceding sub-article.

(3) The net amount produced by the rate in a local financial year in respect of an area shall be the sum of :--

(a) the current rates made on the rateable value of the hereditaments effective for the assessment of rates as contained in the rate book ;

(b) the increases of rents of small dwellings owned by the rating authority made under section 9 of the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928) and transferred to the appropriate rate account ;

(c) the contributions in lieu of rates ;

(d) the amount (if any) recouped to the rating authority under subsection (7) of section 13 of the Fisheries Act, 1925 (No. 32 of 1925) as extended by section 7 of the Fisheries (Amendment) Act, 1949 (No. 18 of 1949),

after the deduction of the sum of :--

(i) the discount allowed under section 10 of the Local Government (Rates on Small Dwellings) Act, 1928 ;

(ii) the amount of the rates declared irrecoverable ;

(iii) refunds of rates authorised to be made to ratepayers.

(4) In this article the words " rate " and " rates " do not include town charges or a rate made as a separate charge on an area smaller than a public assistance district exclusive of any urban area therein.

(5) The town clerk of an urban authority shall prepare and complete in respect of a local financial year a statement in Form E.9 in Part II of this Schedule showing the calculation of the net produce of a rate of one penny in the pound in the urban area and shall transmit it with the certificate at the foot thereof duly signed to the secretary of the council of the county in which the urban area is situate before the expiration of six weeks from the close of the local financial year.

(6) The secretary of a council of a county in which an urban area is situate shall prepare and complete in respect of a local financial year the statement in Form E.9 in Part II of this Schedule showing the calculation of the net produce of a rate of one penny in the pound in an area consisting of a county exclusive of every urban area therein, a county health district, a public assistance district exclusive of every urban area therein and such other area as may be necessary for the purpose of subsection (6) of section 10 of the Act of 1946 as substituted by section 50 of the Act of 1955 and shall have the certificate at the foot thereof duly signed before the expiration of six weeks from the close of the local financial year.

(7) The secretary of a county council shall retain the said statements for production to the auditor at the audit of the accounts of the county council.

4. In sub-article (a) of article 66 of the Order of 1946 the words " for the purposes of section 33 of the Act of 1946 " shall be deleted.

5. Form E.7. in Part II of this Schedule shall be substituted for Form E.7 in the Schedule to the Order of 1946.

6. Where an estimate of expenses of a local authority has been prepared by an estimates committee under the Management Act the expression " Estimated by estimates committee " shall be substituted for the expression " Estimated by manager " in the prescribed forms of the estimates of expenses in the Schedules to the Principal Order or if there is no such form in the said Schedules, in the form specially prescribed by the Minister for such local authority under section 23 (repealed by the Management Act) of the Act of 1940.

7. In columns 8A to 9 inclusive in Table C of Form E.1 in the Order of 1954 the expressions " Valuation " and " £ " shall be deleted.

8.--(1) In Table C of the prescribed Form E.1 in the Schedule to the Order of 1954 and in Table C of the prescribed Form E.2 in the Schedule to the Order of 1946 as amended by article 5 of the Order of 1947 there shall be inserted a separate entry showing the total rateable value of hereditaments effective for the purposes of the determination of the appropriate rate in the pound required to be raised.

(2) In Table D of the prescribed Form E.1 in the Schedule to the Order of 1954 the following note shall be inserted at the foot thereof in relation to the apportionment of current expenditure and the calculation of the net sum required to be raised :--

" Where the expenses of the council of a county are charged on an area consisting of both an area which is not an urban area and either an urban area or two or more urban areas, the amount of the expenses to be charged on each area shall be in proportion to the net produce of a rate of one penny in the pound in each area."

9.--(1) The prescribed forms of the abstract of accounts of a county council (Form A.1) and of the estimate of expenses and the determination of the rates in the pound by a county council (Form E.1) shall in their application to the Council of the County of Dublin be modified in such manner as to provide for the levying of different rates in each public assistance district wholly or partly within the said county.

(2) The prescribed forms of the abstract of accounts of a county council (Form A.1) and of the estimate of expenses and the determination of the rates in the pound by a county council (Form E.1) shall in their application to the Council of the County of Cork be modified in such manner as to provide for the levying of different rates in the several county health districts in the said county.

(3) Articles 108 and 109 of the Order of 1946 are hereby revoked.

PART II.

FORM E.7.

NOTICE OF ESTIMATE OF EXPENSES

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

(Name of local authority) ___________________________________________

NOTICE OF ESTIMATE OF EXPENSES

Notice is hereby given that the estimate of expenses of the ____________________________ (name of local authority) ________________________ for the local financial year ending on the 31st day of March, 19 _____ has been prepared and will be considered by the _______________________________ (Note 1) _________________________ at the estimates meeting to be held on the _________________ day of _____________________ 19 _____ A copy of the said estimate of expenses has been deposited in the offices of the ____________________________ (Note 2) _________________________ at _____________________________ and may be there inspected free of charge by any member of the public at any time while the offices are open for the transaction of official business.

A copy of the estimate of expenses will be supplied to every person making application therefor at the price of one shilling.

NOTES

Note 1.--In the case of a " corporation, " insert here " council of the county borough " or " council of the borough ". In any other case insert " council," " commissioners," " board," or " committee " as may be appropriate.

Note 2.--Insert here " council," " corporation," " commissioners, " " board," or " committee " as may be appropriate.

FORM E.9.

CALCULATION OF THE NET PRODUCE OF A RATE OF ONE PENNY IN THE POUND.

Name of Rating Authority _____________________________________________

Area (Note 1) _______________________________________________________

Calculation of the net produce of a rate of one penny in the pound for the local financial year ending on the 31st day of March, 19 _____.

Particulars of the net amount produced by the rate :--

£

(Note 2)

(a) Current rates made on the rateable value of the hereditaments effective for

the assessment of rates.

(b) Increases of rents of small dwellings owned by the rating authority.

(c) Contributions in lieu of rates.

(d) Recoupment of losses to rating authority under section 13 of the

Fisheries Act, 1925 , as extended

__________

Total produce of the rate

Deduct :--

(i) Discount allowed under section 10 of the Local Government (Rates on Small Dwellings) Act, 1928

(ii) Rates declared irrecoverable

(iii) Refunds of rates made to ratepayers

__________

Total deductions

Net produce of the rate

__________

pence

Rate in the pound

_____

Net produce of a rate of one penny in the pound (Note 3).

__________

CERTIFICATE

We hereby certify that the foregoing figures are correctly abstracted from the books and accounts of the ___________________________________ (name of rating authority)    for the local financial year ending on the 31st day of March, 19 _____, and that the net produce of a rate of one penny in the pound for the ___________________________________ (note 1) calculated in the prescribed manner for the local financial year is £ _____

___________________________

Secretary or Clerk

__________________________

Manager.

NOTES

1. The description of the area in which the rate is made should be inserted here, e.g., county health district of ___________________________________, urban district of ________________________, etc.

2. The amounts to be entered in this column should be calculated to the nearest pound.

3. In the case of the urban area of Buncrana the particulars to be given in this form shall be a sum equal to one penny for each pound of the amount specified in respect of the appropriate year in the Schedule to the Local Government (Temporary Reduction of Valuation) Act, 1954 , (No. 8 of 1954).

GIVEN under the Official Seal of the Minister for Local Government, this eleventh day of August, One Thousand Nine Hundred and Fifty-five.

PATRICK O'DONNELL,

Minister for Local Government.