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BILLE UM THOGHACHAIN AITIULA, 1927. LOCAL ELECTIONS BILL, 1927.
Mar do tugadh 1st each. As introduced.
ARRANGEMENT OF SECTIONS.
PART I.
Preliminary. Section. 1. Short title. 2. Definitions. 3. Saving for dissolved authorities.
part n.
Elections , etc ., Oi tside Dublin C ity and C ounty. J I 4. Application of Part II. of this Act. 5. Ordinary day of election in counties. 6. Ordinary day of election in county boroughs. 7. Ordinary day of retirement of councillors, etc. 8. Annual meetings of county councils. 9. Annual meetings of urban district councils and commis sioners of towns. 10. Quarterly meetings of county and other borough councils. 11. Failure to hold annual or quarterly meeting. 12. Saving from disqualification in certain cases. 13. Members of joint committees and joint boards. 14. Appointment of polling districts and polling places. 15. Local elections in the year 1928. 16. Terms of office terminating in 1928. 17. Partial repeal of section 94 of Local Government (Ireland) Act, 1898.
PART m.
Elections in the C ounty of Dublin.
18. Application of Part III. of this Act. 19. Postponement of local elections. 20. Extension of terms of office. 21. Annual and quarterly meetings.
[No. 36 of '27.j SAORSTAT EIREANN. I
BILLE (JM THOGHACHAIN AITIULA, 1927. LOCAL ELECTIONS BILL, 1927.
BILL entitled
AN ACT TO AMEND THE LAW RELATING TO LOCAL 5 ELECTIONS, TO POSTPONE FURTHER THE ELEC TIONS TO CERTAIN LOCAL AUTHORITIES IN THE COUNTY OF DUBLIN, AND TO MAKE CONSE QUENTIAL AMENDMENTS IN THE LAW RELATING TO LOCAL AUTHORITIES. 10
BE IT ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOW'S
PART I. Preliminary.
Short title. 1-—This Act may be cited as the Local Elections Act, 1927. 15
Definitions. 2. —In this Act— the expression “ the Minister ” means the Minister for Local Government and Public Health; the expression “ local authority ” means and includes the council of a county, the council of a county or other borough, the council 20 of an urban district, the commissioners of a town and. in relation to the county of Dublin, a rural district council and a board of guardians; the expression “ local electoral area ” means a local electoral area constituted under the Local Government (Ireland) Act, 1919; 25 the word “ town ” means a town as defined in the Local Govern ment (Ireland) Act, 1898, which is not an urban district; every other word and expression to which a particular meaning is assigned by the Local Government (Ireland) Act, 1898, has the meaning so assigned to it. 8Q
Saving for 3*—Nothing in this Act shall prejudice or affect the operation dissolved authorities. of any order under section 12 of the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923) or section 72 of the Local Government Act, 1925 (No. 5 of 1925) nor of the Local Elections (Dissolved Authorities) Act, 1926 (No. 22 of 1926). 35 PART II.
Elections , etc ., Outside Dublin C ity and C ounty. Application of 4. —This Part of this Act applies to every local authority Part II of this Act. whose functional area is outside the county and the county borough of Dublin and also applies to the Commissioners of the 40 town of Balbriggan.
Ordinary day- 5. —(1) In every county the ordinary day of election of county of election in counties. councillors shall be such day, not earlier than the 23rd day of June nor later than the 1st day of July, as shall be fixed by the county council. (2) Every election of aldermen and councillors of a borough other than a county borough and of urban district councillors and town commissioners shall be held on the day which is fixed under this section as the ordinary day of election of county 2 (councillors for the county in which such borough, urban district, or town is situate, and every such election shall be held together with the election of county councillors for such county. (3) In any year in which, by virtue of this Act or otherwise, 5 a triennial election of commissioners of the town of Balbriggan is required to be held but no election of councillors of the county of Dublin is held between the 22nd day of June and the 2nd day of July, such triennial election of commissioners of the town of Balbriggan shall be held on such day in that year, not earlier 10 than the 23rd day of June nor later than the 1st day of July, as the council of the county of Dublin shall fix after# consultation with the commissioners of the said town.
6. —In every county borough the ordinary day of election of Ortdm&ry^day aldermen and councillors shall be such day, not earlier than the £OUnty 10n m 15 23rd day of June nor later than the 1st day of July, as shall boroughs, be fixed by the county borough council.
7. —(1) The ordinary day of retirement of county councillors Ordinary day of shall be the seventh day after the ordinary day of election of councilors, °etc. such councillors and on such ordinary day of retirement the old 20 councillors shall retire and the newly elected councillors shall come into office. (2) The ordinary day of retirement of councillors of an urban district which is not a borough and of commissioners of a town shall be the fifth day after the ordinary day of election of such 25 council or such commissioners and on such ordinary day of retirement the old councillors or commissioners (as the case may be) shall retire and the newly elected councillors or commis sioners shall come into office. (3) The ordinary day of retirement of aldermen and 30 councillors of a county or other borough shall be the fifth day after the ordinary day of election of such aldermen and councillors and on such ordinary day of retirement the old aldermen and councillors shall retire and the newly elected aider- men and councillors shall come into office. o- 8.—(1) In every year in which a triennial election to a county Annual council is held the annual meeting of such council shall be held meetings of at noon on the fourteenth day after the day of such election and county counci s- in every other year the annual meeting of such council shall be held at such time on such day not earlier than the 23rd day of 40 June nor later than the 1st day of July as such council shall fix. (2) The first business at every annual meeting of the council of a county shall be the election of the chairman and vice- chairman, and every such chairman and vice-chairman shall come into office as soon after his election as he has made the declaration 45 accepting office and shall continue in office until his successor has been elected and made the declaration accepting office.
9.—(1) In every yearin which a triennial election to the council Annual of an urban district which is not a borough is held the annual meetings of meeting of such council shall be held at noon on the tenth day councilsamf* 50 after the day of such election and in every other year the annual commissioners meeting of such council shall be held at such time on such day°* town s. not earlier than the 23rd day of June nor later than the 1st day of July as such council shall fix. (2) In every year in which a triennial election of the commis- 55sioners of a town is held the annual meeting of such commissioners shall be held at noon on the tenth day after the day of such election and in every other year the annual meeting of such commissioners shall be held at such time on such day not earlier than the 23rd day of June nor later than the 1st day of July as 60 such commissioners shall fix. (3) The first business at every annual meeting of the council of an urban district which is not a borough or of the commissioners 3 of a town shall be the election of the chairman and vice-chairman and every such chairman and vice-chairman shall come into office as soon after his,election as he has made the declaration accepting? office and shall continue in office until his successor has been elected and made the declaration accepting office. ^
Quarterly meetings of 10—(1) The first quarterly meeting of the council of a county county and or other borough after a triennial election to such council shall other borough be held at noon on the tenth day after the day of such election councils. and a quarterly meeting of such council shall be held at such hour on such other three days before the next following 23rd day 10 of June as si^ch council shall fix at such first-mentioned quarterly meeting. (2) In every year in which no triennial election to the council of a county or other borough is held a quarterly meeting of such council shall be held at such hour on such day not earlier than 15 the 23rd day of June nor later than the 1st day of July as such council shall fix at the last previous quarterly meeting and a quarterly meeting of such council shall also be held at such hour on such other three days before the next following 23rd day of June as such council shall fix at such first mentioned quarterly 20 meeting. (3) The first business (after the determination of the question which of the members are to be aldermen if and when that question arises) at the quarterly meeting of the council of a county or other borough held next after the 22nd day of June in 25 any year shall be the election of the mayor, and every such mavor shall come into office as soon after his election as he has made the declaration accepting office and shall continue in office until his successor has been elected and made the declaration accepting
Failure to hold annual or 11 — (1) Whenever an annual meeting of the council of a quarterly county or an urban district which is not a borough or of the meeting. commissioners of a town is for any reason (including a quorum not being present) not held on the day appointed under this Act for the holding of such meeting, the county secretary or the 35 town clerk (as the case may be) shall as soon as may be summon a meeting of such council or commissioners for a convenient hour on the day which appears to him to be the earliest convenient date for the purpose and the meeting held in pursuance of such summons shall be for all purposes an annual meeting held on a 40 date appointed under this Act. (2 ) Whenever a quarterly meeting of the council of a county or other borough is for any reason (including a quorum not bcin- present) not held on the day appointed under this Act for the holding of such meeting, the town clerk shall as soon as may be 45 summon a meeting of such council for a convenient hour on the day which appears to him to be the earliest convenient date for the purpose and the meeting held in pursuance of such summons shall be for all purposes a quarterly meeting held on a date appointed under this Act. cq
Saving from 12 —(1) A councillor of a county or an urban district or an disqualification in certain cases. alderman or a councillor of a county or other borough or a com missioner of a town who ceases to be a local government elector m such county, urban district, borough, or town on the comhm into force oi a new register of local government, electors on the 55 1st day of June next before a triennial election shall not by reason only of such cesser be disqualified from continuing to hold office as such councillor, alderman, or commissioner until the ordinarv day ot retirement of the councillors of such county or urban dis trict, the aldermen and councillors of such borough, or the com- 60 missioners ot such town (as the case may be) next after such triennial election. (2) The chairman of a county council, urban district council or commissioners of a town or the mayor of a county or other borough who ceases to be a local government elector in such 65 1 “JL county, urban district, town, or borough on the coming into force of a new register of local government electors on any 1st day of June shall not by reason only of such cesser be disqualified from continuing to hold office as such chairman or mayor until his 5 successor has been elected at the next ensuing annual meeting or quarterly meeting (as the case may be) of such council or com missioners and has made the declaration accepting office.
13.__(i) The business to be transacted by a local authority at Members of an annual meeting or quarterly meeting (as the case may te) JJJJJVjjjJJ"11 *** 10 next after a triennial election shall include the consideration of boards, the election or nomination of all members of joint committees and joint boards elected or nominated by such local authority. (2) Every member of a joint committee or joint board who is elected or nominated by a local authority and is in office as such 15 member at the date of a triennial election to such local authority shall continue to hold office as such member of such joint com mittee or joint board until the day after the annual meeting or quarterly meeting (as the case may be) of such local authority next after such triennial election.
20 14.—(1) The Minister shall as soon as conveniently may be Appointment of after the passing of this Act make rules for the performance by polling districts the councils of counties and county boroughs of the duties imposed pi^g0 ing or powers conferred on them by this section in relation to polling districts and polling places. 25 (2) The council of every county and county borough shall within three months after the said rules have been made by the Minister prepare and submit to the Minister in accordance with the said rules a scheme for the division of every local electoral area in their county or county borough into polling districts and the 30 appointment of polling places in every such polling district in such manner as to give to all local government electors in every such local electoral area such reasonable facilities for voting as are practicable. (3) The council of a county when preparing or amending a 35 scheme under this sub-section shall consult in accordance with the said rules with the council of every borough (other than a county borough) and urban district and the commissioners of every town in their county in respect of so much of such scheme or amendment as relates to such borough, urban district, or town. 40 (4) The Minister shall consider every scheme duly submitted to him by a council under this section and shall within one month after such scheme is so submitted to him either, as he shall think fit. confirm such scheme without alteration or confirm such scheme with such alterations as he may think proper to make therein 45 or refuse to confirm such scheme. (5) If the council of any county or county borough fails to submit to the Minister within the time limited by this section any such scheme as is required by this section or if the Minister refuses to confirm the scheme so submitted by such council, the Minister 50 shall himself prepare and confirm such scheme for such county or county borough as is required by this section. (6) Every scheme duly confirmed by the Minister under this section shall have effect when and as so confirmed and thence forth every local electoral area in the county or county borough 55 to which such scheme relates shall be divided into polling dis tricts and polling places shall be appointed therein in accordance with such scheme. (7) The council of a county or county borough may at any time amend the scheme then in force under this section in 60 relation to their county or county borough and every such amendment if approved by the Minister shall have effect as from the date of such approval. 5 (8) If the council of a 'borough (other than a county borough) or urban district or the commissioners of a town of not less than thirty local government electors in a county or county borough •satisfy the Minister that the polling districts or polling places in the county or county borough in which such borough, urban 5 district, or town is situate or in which such electors are entitled to vote do not meet the reasonable requirements of the local government electors in such county or county borough or in some , particular part thereof, the Minister may require the council of such county or county borough to amend the scheme then in 10 force in such county or county borough under this section and if such council does not within one month after being so required duly make in such scheme all such amendments as the Minister considers to be necessary and approves of the Minister may himself amend such scheme as he thinks proper and every 15 amendment so made by the Minister shall have effect as from the date of the making thereof. (9) Every scheme duly confirmed by the Minister under this section and every amendment of a scheme duly approved of or made by the Minister under this section shall be published in 20 such manner as shall be prescribed by the said rules to be made by the Minister under this section. (10) The Minister may hold such inquiries as he may consider necessary or expendient for the purposes of this section and , Article 32 of the Local Government (Application of Enactments) 05 Order, 1898 shall apply to every such inquiry. (11) No election shall be questioned on the ground of any non-compliance with the provisions of this section or any informality in relation to polling districts or polling places. Local elections 15*—(1) I11 every county, the election of county councillors and 30 in the year 1*28. the elections of aldermen and councillors of boroughs (other than county boroughs), urban district councillors, and commissioners of towns which were postponed by the Local Elections Postpone ment Act, 1925 (No. 42 of 1925) until the year 1928 shall be held on the day in that year which is under this Act the ordinary day 35 of election of county councillors in that county, and every such election shall be deemed to be a triennial election and this Part of this Act shall apply thereto accordingly. (2) In every county borough the election of aldermen and councillors which was postponed by the Local Elections Postpone- 40 ment Act, 1925 until the year 1928 shall be held on the day in that year which is under this Act the ordinary day of election of aldermen and councillors in that county borough and every such election shall be deemed to be a triennial election and this Part of this Act shall apply thereto accordingly. (3) In every county, county and other borough, urban district, * and town, triennial elections of councillors, aldermen and councillors, or commissioners (as the case may be) shall, not withstanding anything to the contrary contained in the Local Government (Ireland) Act, 1919, be held in every third vearwv after the year 1928 and in no other year. * ‘ ?eeiSnatingffikie Ever^ terra of offiee of a member of a local authority 1928. whlch 1S at the passing of this Act due to terminate in the year 1928 shall terminate on the day which is by virtue of this Act the ordinary day ot retirement of members of such local authority in 55 that y eai in lieu of the day on which such term of office would have terminated if this Act had not been passed, and every such term of office shall be extended or curtailed (as the case may require) accordingly. (2) Every7 term of office of a member of any board, committee, gn joint board, or joint committee who is nominated or elected to such membership by a local authority in respect of which a statutory* election is due to be held in the year 1928 shall termi nate on the day appointed by this Act for the holding of the hist annual meeting or quarterly meeting (as the case may be) 65 of such local authority after such election in lieu of the day on which such term of offiee would have terminated if this Aet had 6 not been passed, and every such term of offiee shall be extended or curtailed (as the case may require) accordingly. (3) Every term of office of a chairman or a vice-chairman of the council of a county or of the council of an urban district or 5 of the commissioners of a town which is at the passing of this Act due to terminate in the year 1928 shall terminate when his successor has been elected at the annual meeting of such council or commissioners held next after the triennial elections in the ri year 1928 and has made the declaration accepting office and such 10 term of office shall be extended or curtailed (as the case may require) accordingly. 17. —Sub-sections (6) to (15) of section 94 of the Local Govern- ment (Ireland) Act, 1898 shall cease to have effect in respect of 0f Local anv local authority to which this Part of this Act applies. Government (Ireland) Act, 15 PART III. 1898'
Elections in the C ounty of Dublin. 18. —This part of this Act applies to the council of the county p^jf jio Jfof of Dublin and to every local authority whose functional area is this Act‘ situate within the county of Dublin except the commissioners of 20 the town of Balbriggan. 19. —(1) Section 2 of the Local Elections Postponement Act, Postponement 1925 (No. 42 of 1925) shall cease to apply to the local authorities to which this Part of this Act applies and in lieu thereof it is e ec 10ns ' hereby enacted that the statutory elections of members of such 25 local authorities which but for that Act would have been held in the year 1926 shall be postponed until and shall be held on such date not being later than the 31st day of March. 1929 as the Minister shall by order prescribe. (2) An order under this section (including an order under 25 this sub-section) may be revoked by a subsequent order but in every such case a new date for the holding of such election shall be prescribed by such subsequent order. (3) In this Part of this Act the expression “ the prescribed date ” means the date prescribed under this section for the 30 holding of the statutory elections of the local .authority in relation to which the expression is used. 20. —(1) The term of office of every member of a local Extension of authority to which this Part of this Act applies shall be extended ter™5 of office, until the day after the prescribed date. 35 (2) The term of office of every member of a board, committee, joint board or joint committee who is nominated or elected by a local authority to which this Part of this Act applies is hereby extended until the annual meeting of such local authority held next after the prescribed date. 40 (3) The term of office of every chairman and vice-chairman of or appointed by a local authority to which this Part of this Act applies who is in office on the prescribed date shall terminate when and so soon as his successor has been elected at the annual meeting of such local authority held next after the prescribed 45 date and has made the declaration accepting office and such term of office shall be extended or curtailed (as the case may require) accordingly.
21 —(1) The Minister shall in every order made by him under Annual and this Part of this Act prescribing a date on which a statutory quarterly 50 election of a local authority is to be held prescribe the day and meetin 8s- hour on and at which the first annual meeting of such local authority after such election is to be held. (2) Every local authority to which thus Part of this Act applies shall hold an annual meeting on the day and at the hour pre- 55 scribed in that behalf under this section and shall transact at such meeting .all the business which such local authority is by law* required to transact at an annual meeting held next after a statutory election.
nnnnnnnfn«iiiiiiifinnnfnf¥inf¥inf¥¥um ——■ Saorstat Eireann Saorstat Eireann.
BILLE UM THOGHACHAIN AITIULA LOCAL ELECTIONS BILL, 1927. 1927.
BILLE BILL
(mar do tugadh isteachi (as introduced) dd ngairmiear entitled
Acht ehuii an dli bhaineas le toghaehain An Act to amend the law relating to local aitiula lo leasu, agus chun na toghaehain elections, to postpone further the elections chun udarasanna aitiula airithe i gContae to certain local authorities in the County Bhaile Atha Cliath do chur ar athlo aris of Dublin, and to make consequential agus chun leasuithe da reir sin do amendments in the law relating to local dheanarah ar an dli bhaineas? le hudara- authorities. sanna aitiula.
An tAire Rialtais Aitiula agus Slainte Puibli Intioduced by the Minister for Local Govern do thug isteach. ment and Public Health.
Do horduiodh ag Dail Eireann do chlo-bhuala Ordered by Daii Eireann to be printed, 8adh Mi na Samhna, 1927. 8th November, 1927.
BAILE ATHA CLIATH: DUBLIN : FOILLSITHE AG OIFIG AN tSOLATHAIR. PUBLISHED BY THE STATIONERY OFFICE
Lt ceannach tn Messrs. Eason and Son, Ltd ., 40 agus 41 Sraid Iochtarach Uf Chonaill, To be purchased through Messrs. Eason & Son , Ltdv Baile Atha Cliath. 40 and 41 Lower O’Connell Street, Dublin.
C16 bhuailte ag Messrs. Cahill and Co ., Ltd ., Pr’uted by Messrs. Cahill and Ca, Lt*.
[Dim Phinginn Gian.] [Twopence Net.], Wt. 11—1209. 575. 11/27. C.«K’o. (6242).