General Powers

Table of Contents

Public Health (Ireland) Act 1878

38. Power to purchase premises for improvement of streets

Any urban authority may purchase any premises for the purpose of widening, opening, enlarging or otherwise improving any street, or (with the sanction of the Local Government Board) for the purpose of making any new street.
Provision of privy accommodation for houses
If a house within the district of a sanitary authority appears to such authority to be without sufficient watercloset, earthcloset, or privy accommodation, and a properly constructed ashpit, the sanitary authority shall, by written notice, require the owner or occupier of the house, within a reasonable time therein specified, to provide sufficient watercloset, earthcloset, or privy accommodation, and an ashpit constructed as aforesaid, or either of them, as the case may require.
If such notice is not complied with, the sanitary authority may, at the expiration of the time specified in the notice, do the work thereby required to be done, and may recover in a summary manner from the owner the expenses incurred by them in so doing, or may by order declare the same to be private improvement expenses: Provided that where a watercloset, earthcloset, or privy has been and is used in common by the inmates of two or more houses, or if in the opinion of the sanitary authority a watercloset, earthcloset, or privy may be so used, they need not require the same to be provided for each house.

57. Penalty in respect of certain nuisances on premises

Any person who in any sanitary district—

(3) Allows the contents of any watercloset, privy, or cesspool to overflow or soak therefrom, shall, for every such offence be liable to a penalty not exceeding €2.54 [forty shillings], and to a further penalty not exceeding €0.32 [five shillings] for every day during which the offence is continued, and the sanitary authority shall abate or cause to be abated every such nuisance, and may recover in a summary manner the expenses incurred by them in so doing from the occupier, or, in the case of houses let to weekly or monthly tenants, or in separate apartments, from the owner of the premises on which the nuisance exists.

59. Removal of filth on certificate of inspector of nuisances or sanitary officer

Where in any urban district it appears to the inspector of nuisances or sanitary officer that any accumulation of manure, dung, soil or filth, or other offensive or noxious matter, ought to be removed, he shall give notice to the person to whom the same belongs, or to the occupier of the premises whereon it exists, to remove the same; and if such notice is not complied with within twenty-four hours from the service thereof, the manure, dung, soil or filth, or matter referred to, shall be vested in and be sold or disposed of by the urban authority, and the proceeds thereof shall be applied in payment of the expenses incurred by them in the execution of this section; and the surplus (if any) shall be paid on demand to the owner of the matter removed.
The expenses of removal by the urban authority of any such accumulation, if and so far as they are not covered by the sale thereof, may be recovered by the urban authority in a summary manner from the person to whom the accumulation belongs or from the occupier of the premises, or (where there is no occupier) from the owner.

64. Power of carrying mains

Where a sanitary authority supply water within their district, they shall have the same powers and be subject to the same restrictions for carrying water mains within or without their district as they have and are subject to for carrying sewers within or without their district respectively by the law for the time being in force.

65A. [Power to make and fix charges for water.

[(1) A sanitary authority may make charges for water supplied, whether within or outside their functional area, by them, but after the 31st day of December, 1996, a sanitary authority may not make a charge for a supply by them of water for domestic purposes.

(1A) Nothing in subsection (1) of this section shall be construed as preventing a sanitary authority from recovering a charge made by them, on or before the 31st day of December,1996, for a supply by them of water after that date.]
[ … ]

(2) A charge under this section may be fixed from time to time by reference to any one or more of the following:
(a) the quantity of water supplied,

(b) the rateable valuation of the premises supplied,

(d) the description of the premises supplied,

(e) any other matter which the sanitary authority consider suitable,

and may be so fixed either without or subject to any maximum or minimum limit.

[(3)
(a) A sanitary authority may, if it is satisfied that it is appropriate so to do on grounds of personal hardship, waive all or portion of a charge made by it under this section.

(b) Where a charge (or portion thereof) is waived under paragraph (a) of this subsection, the liability of a person to pay that charge (or portion thereof) and any obligation on the sanitary authority by whom the waiver was made to collect the charge (or portion thereof) shall cease.]

(4)
(a) Where—
(i) any waterworks are acquired by a sanitary authority, and

(ii) there are premises which, immediately before the acquisition, were supplied with water from the waterworks,

the Minister may determine limits for the charges which, during a specified period ending not later than twenty years after the acquisition, may be fixed for water supplied from the waterworks to those premises and, upon such determination having been made, the foregoing provisions of this section shall have effect subject to the determination.

(b) Limits shall not be determined under this subsection in relation to a waterworks acquired by agreement save at the request of the sanitary authority or of any person from whom the waterworks or any part thereof was acquired.

(5) Where a charge under this section is by reference to the quantity of water supplied, the sanitary authority are hereby authorised to supply the water by measure and the supply shall be taken by meter.

(6) A charge under this section shall be paid by and recoverable from the person to whom the water is supplied.

(7) A charge under this section for water supplied otherwise than by measure shall be payable in advance by equal half-yearly instalments on the [1st day of January] and the [1st day of July][, or by such other instalments as the sanitary authority to whom the charge is payable shall determine,]and, in default of being paid within two months after becoming payable, shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(8) A charge under this section for water supplied by measure shall be payable on demand by the sanitary authority and, in default of being so paid, shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(9) A sanitary authority may discontinue a supply of water in respect of which a charge under this section remains unpaid after the expiration of two months after the charge has become payable and—
(a) the cost of the discontinuance shall be recoverable in any proceedings for the recovery of the charge,

(b) the cost of re-connection shall be payable by the person liable for the charge.

(10) References in this Act, or in any Act incorporated with or amending this Act, to water rates or water rents shall be construed as references to charges under this section.

(11) Any reference in this Act, or in any Act incorporated with or amending this Act, to a supply of water for domestic purposes shall be construed as a reference to a supply of water for ordinary household purposes (for example, drinking, washing and sanitation), [to a dwelling house or a group water supply scheme], but exclusive of—
(a) a supply for agriculture or horticulture,

(b) a supply for any trade, industry or business,

(c) a supply for any purpose incidental to a dwelling-house or private garden (including washing a private vehicle) if the water is drawn otherwise than from a tap inside a dwelling-house or if a hosepipe or similar apparatus is used,

(d) a supply for central heating other than central heating of a dwelling-house,

(e) a supply for apparatus depending while in use upon a supply of continuously running water, not being an apparatus used solely for heating water.]

[(f) a supply to a sanitary authority.]

[(12) Where water supplied by a sanitary authority constitutes, or may constitute, a supply for domestic and other purposes, a sanitary authority may make such estimation, as they consider reasonable, of the proportion of that supply likely to be used for domestic purposes and may have regard to any such estimation in determining whether, and on what basis, to make a charge for a supply of water under this section.

(13) In this section—
‘dwelling house’ means a building or part of a building used by a person as his or her place of private residence (whether as his or her principal place of such residence or not) and includes accommodation provided in such a residence to one or more students to enable them to pursue their studies but does not include any part of a building used for the provision, for the purposes of reward, with a view to profit or otherwise in the course of business, of accommodation, including self-catering accommodation, (other than accommodation provided in a place of private residence aforesaid to one or more students for the purposes aforesaid) unless the person to whom the accommodation is so provided uses the accommodation as his or her principal place of private residence;
‘group water supply scheme’ means a scheme whereby there is provided a private supply of water by means of a common or shared source of supply and distribution system.]

67. Certain provisions of 10 & 11 Vict. C17 and 26 & 27 Vict. C.93 incorporated

For the purpose of enabling any sanitary authority to supply water there shall be incorporated with this Act the Waterworks Clauses Act, 1863, and the following provisions of the Waterworks Clauses Act, 1847; (namely,)
“With respect” (where the sanitary authority have not the control of the streets) “to the breaking up of streets for “the purpose of laying pipes;” and
“With respect to the communication pipes to be laid by the “undertakers;” and
“With respect to the communication pipes to be laid by the “inhabitants;” and
“With respect to waste or misuse of the water supplied by the “undertakers;” and
“With respect to the provision for guarding against fouling “the water of the undertakers;” and
“With respect to the payment and recovery of the water rates.”
Provided,—
That the provisions with respect to the communication pipes to be laid by the undertakers and the inhabitants respectively shall apply only in districts or parts of districts where the sanitary authority lay any pipes for the supply of any of the inhabitants thereof; and
That any dispute authorised or directed by any of the said incorporated provisions to be settled by an inspector or two justices shall be settled by a court of summary jurisdiction; and
That section forty-four of the Waterworks Clauses Act, 1847, shall for the purposes of this Act have effect as if the words “with the consent in writing of the owner or reputed owner “of any such house, or of the agent of such owner,” were omitted therefrom; and any rent for pipes and works paid by an occupier under that section may be deducted by him from any rent from time to time due from him to such owner.7

208. Powers of inspectors of Local Government Board

Inspectors of the Local Government Board may attend any meetings of sanitary authorities, or of committees of sanitary authorities, during the transaction of business arising under any of the provisions of this Act.

209. Power of Board to direct inquiries

The Local Government Board may from time to time cause to be made, such inquiries as are directed by this Act, and such inquiries as they see fit in relation to any matters concerning the public health in any place or any matters with respect to which their sanctions approval, or consent is required by this Act.

210. Orders as to cost of inquiries

The Local Government Board may make orders as to the cost of inquiries or proceedings instituted by, or of appeals to the said Board under this Act, and as to the parties by whom or the rates out of which such costs shall be borne; and every such order may be made a rule of one of the superior courts of law on the application of any person named therein.

211. Proceedings on complaint to Board for default of sanitary authority

Where complaint is made to the Local Government Board that a sanitary authority has made default in providing their district with sufficient sewers, or in the maintenance of existing sewers, or in providing their district with a supply of water, in cases where danger arises to the health of the inhabitants from the insufficiency or unwholesomeness of the existing supply of water, and a proper supply can be got at a reasonable cost, or that a sanitary authority has made default in enforcing any provisions of this Act which it is their duty to enforce, the Local Government Board, if satisfied, after due inquiry, that such authority has been guilty of the alleged default, shall make an order limiting a time for the performance of their duty in the matter of such ‘complaint. If default is made to obey such order and to perform such duty by the time limited in the order, such order may, in the case of an urban authority, be enforced by writ of Mandamus, and in the case of a rural authority making such default as is last mentioned, such rural authority shall be deemed to have made default in the execution of their duties as a board of poor law guardians under the Poor Law Acts, and thereupon it shall be lawful for the Local Government Board to dissolve them as such board and to provide for the execution of their duties under the Poor Law Acts and this Act in manner prescribed by the Poor Law Acts in the case of the dissolution of boards of guardians of poor law unions.

212. Orders of Board under this Act

All orders made by the Local Government Board in pursuance of this Act shall be binding and conclusive in respect of the matters to which they refer, and shall be published in such manner as that Board may direct.

213. Powers of inspectors of Local Government Board

Inspectors of the Local Government Board shall, for the purposes of any inquiry directed by the Board, have, in relation to witnesses and their examination, the production of papers and accounts, and the inspection of places and matters required to be inspected, similar powers to those conferred upon Poor Law inspectors by the Poor Law Acts.

214. As to provisional orders made by Local Government Board

With respect to provisional orders authorised to be made by the Local Government Board under this Act, the following provisions shall apply:
(1). The Local Government Board shall not make any provisional order under this Act unless public notice of the purport of the proposed order has been previously given by advertisement in two successive weeks in some newspaper or newspapers circulating in the district or districts to which such provisional order relates:

(2). Before making any such provisional order, the Local Government Board shall consider any objections which may be made thereto by any persons affected thereby, and in cases where the subject matter is one to which a local inquiry is applicable, shall cause to be made a local inquiry, of which public notice shall be given in manner aforesaid, and at which all persons interested shall be permitted to attend and make objections:

(3). The Local Government Board may submit to Parliament for confirmation any provisional order made by it in pursuance of this Act, but any such order shall be of no force whatever unless and until it is confirmed by Parliament:

(4). If while the Bill confirming any such order is pending in either House of Parliament a petition is presented against any order comprised therein, the Bill, so far as it relates to such order, may be referred to a Select Committee, and the petitioner shall be allowed to appear and oppose as in the case of private bills:

(5). Any Act confirming any provisional order made in pursuance of any of the Sanitary Acts or of this Act, and any Order in Council made in pursuance of any of the Sanitary Acts, may be repealed, altered, or amended by any provisional order made by the Local Government Board and confirmed by Parliament:

(6). The Local Government Board may revoke, either wholly or partially, any provisional order made by them before the same is confirmed by Parliament, but such revocation shall not be made whilst the Bill confirming the order is pending in either House of Parliament:

(7). The making of a provisional order shall be prima facie evidence that all the requirements of this Act in respect of proceedings required to be taken previously to the making of such provisional order have been complied with:

(8). Every Act confirming any such provisional order shall be deemed to be a public general Act.

215. Costs of provisional orders

The reasonable costs of any sanitary authority in respect of provisional orders made in pursuance of this Act, and of the inquiry preliminary thereto, as sanctioned by the Local Government Board, whether in promoting or opposing the same, shall be deemed to be expenses properly incurred for purposes of this Act by the sanitary authority interested in or affected by such provisional orders, and such costs shall be paid accordingly; […].

216. Mode of reference to arbitration

In case of dispute as to the amount of any compensation to be made under the provisions of this Act (except where the mode of determining the same is specially provided for), and in the case of any matter which by this Act is authorised or directed to be settled by arbitration, then, unless both parties concur in the appointment of a single arbitrator, each party shall appoint an arbitrator to whom the matter shall be referred.

217. Regulations as to arbitration

With respect to arbitrations under this Act, the following regulations shall be observed; (that is to say,)
(1). Every appointment of an arbitrator under this Act when made on behalf of the sanitary authority shall be under their common seal, and on behalf of any other party under his hand, or if such party be a corporation aggregate under their common seal:

(2). Every such appointment shall be delivered to the arbitrators, and shall be deemed a submission to arbitration by the parties making the same:

(3). After the making of any such appointment the same shall not be revoked without the consent of both parties, nor shall the death of either party operate as revocation:

(4). If for the space of fourteen days after any matter by this Act authorised or directed to be settled by arbitration has arisen, and notice in writing by one party who has duly appointed an arbitrator has been given to the other party, stating the matter to be referred, and accompanied by a copy of such appointment, the party to whom notice is given fails to appoint an arbitrator, the arbitrator appointed by the party giving the notice shall be deemed to be appointed by and shall act on behalf of both parties:

(5). If before the determination of any matter so referred any arbitrator dies or refuses or becomes incapable to act, the party by whom such arbitrator was appointed may appoint in writing another person in his stead; and if such party fails so to do for the space of seven days after notice in writing from the other party in that behalf, the remaining arbitrator may proceed ex-parte; and every arbitrator so appointed shall have the same powers and authorities as were vested in the arbitrator in whose stead the appointment is made:

(6). If a single arbitrator dies or becomes incapable to act before the making of his award, or fails to make his award within twenty-one days after his appointment, or within such extended time, if any, as may have been duly appointed by him for that purpose, the matters referred to him shall be again referred to arbitration under the provisions of this Act, as if no former reference had been made:

(7). Where there is more than one arbitrator, the arbitrators shall, before they enter on the reference, appoint by writing under their bands an umpire, and if the person appointed to be umpire dies or becomes incapable to act, the arbitrators shall forthwith appoint another person in his stead; and if the arbitrators neglect or refuse to appoint an umpire for seven days after being requested so to do by any party to the arbitration, the Local Government Board shall, on the application of any such party, appoint an umpire:

(8). If the arbitrators fail to make their award within twenty-one days after the day on which the last of them was appointed, or within such extended time (if any) as may have been duly appointed by them for that purpose, the matters referred shall be determined by the umpire:

(9). The time for making an award by arbitrators under this Act shall not in any case be extended beyond the period of two months from the date of the submission, and the time for making an award by an umpire under this Act shall not in any case be extended beyond the period of two months from the date of the reference of the matters to him:
Before any arbitrator or umpire enters on a reference under this Act he shall make and subscribe the following declaration before a justice of the peace; (that is to say,)
‘I, A.B. do solemnly and sincerely declare that I will faithfully and honestly, and to the best of my skill and ability, hear and determine the matters referred to me under the Public Health (Ireland) Act, 1878.
‘A.B.’

(11). Such declaration shall be annexed to the award when made; and any arbitrator or umpire who wilfully sets contrary to such declaration shall be guilty of a misdemeanour:

(12). Any arbitrator, arbitrators, or umpire appointed by virtue of this Act may require the production of such documents in the possession or power of either party as he or they or he may think necessary for determining the matters referred, and may examine the parties or their witnesses on oath:

(13). The costs of and consequent upon the reference shall be in the discretion of the arbitrator or arbitrators, or (in case the matters referred are determined by an umpire) of the umpire:

(14). Any submission to arbitration under the provisions of this Act may be made a rule of any of the superior courts, on the application of any party thereto:

(15). The award of arbitrators or of an umpire under this Act shall be final and binding on all parties to the reference.

218. Claims under 20L may be referred to courts of summary jurisdiction

All questions referable to arbitration under this Act may, when the amount in dispute is less than €25.39 [twenty pounds], be determined at the option of either party before a court of summary jurisdiction, but the court may, if it thinks fit, require that any work in respect of which the claim of the sanitary authority is made and the particulars of the claim be reported on to them by any competent surveyor, not being the surveyor of the sanitary authority; and the court may determine the amount of costs incurred in that behalf, and by whom such costs or any part of them shall be paid.

220. Power to impose penalties on breach of byelaws

Any sanitary authority may, by any byelaws made by them under this Act, impose on offenders against the same such reasonable penalties as they think fit, not exceeding the sum of €1,269.74 [£1,000] for each offence, and in the case of a continuing offence a further penalty not exceeding €2.54 [forty shillings] for each day after written notice of the offence from the sanitary authority; but all such byelaws imposing any penalty shall be so framed as to allow of the recovery of any sum less than the full amount of the penalty.
Nothing in the provisions of any Act incorporated herewith shall authorise the imposition or recovery under any byelaws made in pursuance of, such provisions of any greater penalty than the penalties in this section specified.

226. Expenses of urban sanitary authority

All expenses incurred or payable by an urban sanitary authority in the execution of this Act and not otherwise provided for shall be defrayed as follows; that is to say,
(1). In the case of the council of a borough, out of the borough fund or borough rate:

(2). In the case of an urban sanitary authority being commissioners under any of the Acts specified in the first column of the table contained in section four of this Act, or under any Local Act, out of any rate leviable by them as such commissioners throughout the whole of their district:
Provided that, where any such rate shall be made and levied by any corporation, commissioners, or persons becoming, at any time after the passing of this Act, an urban sanitary authority, all lands used as arable, meadow, or pasture ground only, or as woodlands, or market gardens, or nursery grounds, and all lands covered with water and used as a canal, and any towing-path to the same, and all lands used as a railway constructed under the powers of any Act of Parliament for public conveyance, shall be assessed and liable in the proportion of one-fourth part only of the net annual value of such lauds respectively:
Provided also, that where an urban sanitary authority had before the passing of this Act power to levy throughout the whole of its district a rate or rates for paving, sewering, or other sanitary purposes, all expenses incurred by such authority in the performance of its duties under this Act shall be defrayed out of such rate or rates, except where at the time such expenses were chargeable upon the borough fund or such expenses shall continue so chargeable: Provided also, that if application be made to the Local Government Board whereby it shall be alleged that it would be inequitable or inconvenient in the district of any urban sanitary authority that the said expenses should be borne as last aforesaid, the said Board may, after inquiry, by order under seal, alter the incidence of such charge in respect of the whole the expenditure referred to, as to them shall appear to be fair and equitable. Any urban authority possessed of revenues of any kind not derived from rates may devote the surplus thereof, after the payment of other sums properly chargeable upon such revenues, to the purposes of this Act.

227. Statutable limit of rating not to apply to expenses for sanitary purposes

Any limit imposed on or in respect of any rate by any Act of Parliament shall not apply to any rate required to be levied for the purpose of defraying any expenses incurred by the sanitary authority of any urban sanitary district for sanitary purposes.

229. Power to make private improvement rates

Whenever an urban authority have incurred or become liable to any expenses which by this Act are or by such authority may be declared to be private improvement expenses, such authority may, if they think fit, make and levy on the occupier of the premises in respect of which the expenses have been incurred, in addition to all other rates, a rate or rates to be called private improvement rates, of such amount as will be sufficient to discharge such expenses, together with interest thereon at a rate not exceeding five pounds per centum per annum, in such period not exceeding thirty years as the urban authority may in each case determine.
Provided that whenever any premises in respect of which any private improvement rate is made become unoccupied before the expiration of the period for which the rate was made, or before the same is fully paid off, such rate shall become a charge on and be paid by the owner for the time being of the premises so long as the same continue to be unoccupied.

230. Proportion of private improvement rate may be deducted from rent

Where the occupier by whom any private improvement rate is paid holds the premises in respect of which the rate is made at a rent not less than the rackrent, he shall be entitled to deduct three fourths of the amount paid by him on account of such rate from the rent payable by him to his landlord, and if he hold at a rent less than the rackrent he shall be entitled to deduct from the rent so payable by him such proportion of three fourths of the rate as his rent bears to the rackrent; and if the landlord from whose rent any deduction is so made is himself liable to the payment of rent for the premises in respect of which the deduction is made, and holds the same for a term of which less than twenty years is unexpired (but not otherwise), he may deduct from the rent so payable by him such proportion of the sum deducted from the rent payable to him as the rent payable by him bears to the rent payable to him, and so in succession with respect to every landlord (holding for a term of which less than twenty years is unexpired) of the same premises both receiving and liable to pay rent in respect thereof
Provided that nothing in this section shall be construed to entitle any person to deduct from the rent payable by him more than the whole sum deducted from the rent payable to him.

231. Redemption private improvement rates

At any time before the expiration of the period for which any private improvement rate is made, the owner or occupier of the premises assessed thereto may redeem the same, by paying to the urban authority the expenses in respect of which the rate was made, or such part thereof as may not have been defrayed by sums already levied in respect of the same:
Provided that money paid in redemption of any private improvement rate shall not be applied by the urban authority otherwise than in defraying expenses incurred by them in works of private improvement or in discharging the principal of any moneys borrowed by them to meet those expenses, whether by means of a sinking fund or otherwise.

233. Mode of raising contributions in rural sanitary district

For the purpose of obtaining payment for special expenses from the several contributory places within its district, the board of guardians, being the rural sanitary authority, shall levy the same as part of the poor rate by a special poundage rate to be added to the poor rate on such contributory places and to be collected therewith and recoverable in the same manner and with the same remedies by the collectors of the poor rate and lodged to the credit of the guardians with the treasurer of the union; and the expenditure thereof shall be brought to account in such form and manner as the Local Government Board shall from time to time by any general order direct; and if not otherwise directed by such general order, the sums levied by such special poundage and placed to the credit of the board of guardians shall be applied by them in discharge of the special expenses incurred as aforesaid on account of such contributory places respectively; and every person upon whom such special poundage rate shall be levied shall be entitled to make the same deduction from the rent which he may be liable to pay as he would be entitled to make if the same were levied for carrying into execution the laws for the relief of the destitute poor in Ireland; and the person from whom such deduction shall be made shall in like manner be entitled to deduct from any rent paid by him such proportion of the amount so deducted from the rent paid to him as he would be entitled to deduct if the rate were made for the relief of the destitute poor.

235. Expenses incurred by joint board, how to be defrayed

Any expenses incurred by a joint board in pursuance of this Act, unless otherwise determined by the provisional order, shall be defrayed out of a common fund to be contributed by the component districts or contributory places in proportion to the rateable value of the property in each district or contributory place, such value to be ascertained according to the valuation list in force for the time being.

236. Payment of contributions to joint board

For the purpose of obtaining payment from component districts of the sums to be contributed by them, the joint board shall issue its precept to the sanitary authority of each component district stating the sum to be contributed by it, and requiring such authority, within a time limited by the precept, to pay the sums therein mentioned to the joint board or to such person as the joint board may direct.
Any sum mentioned in a precept addressed by a joint board to a sanitary authority as aforesaid shall be a debt due from it, and may be recovered accordingly; such contribution, in the case of a rural sanitary authority, being deemed to be general expenses.
For the purpose of obtaining payment from contributory places of the sums to be contributed by them, the joint board shall have the same powers of issuing precepts and of recovering the amounts named therein as if such contributory places formed a rural sanitary district and the joint board were the sanitary authority thereof

243. Receiver may be appointed in certain cases

If at the expiration of six months from the time when any principal money or interest has become due on any mortgage of rates made under this Act, and after demand in writing, the same is not paid, the mortgagee or other person entitled thereto may, without prejudice to any other mode of recovery, apply for the appointment of a receiver to a court of summary jurisdiction; and such court may, after hearing the parties, appoint in writing, under their hands and seals some person to collect and receive the whole or a competent part of the rates liable to the payment of the principal or interest in respect of which the application is made, until such principal or interest, or both, as the case may be, together with the costs of the application and of collection, are fully paid.
On such appointment being made all such rates, or such competent part thereof as aforesaid, shall be paid to the person appointed, and when so paid shall be so much money received by or to the use of the mortgagee or mortgages of such rates, and shall be rateably apportioned between them:
Provided that no such application shall be entertained unless the sum or sums due and owing to the applicant amount to €1,269.74 [one thousand pounds], or unless a joint application is made by two or more mortgages or other persons to whom there may be due, after such lapse of time and demand as aforesaid, moneys collectively amounting to that sum.

249. Summary proceedings for offences, penalties, &c.

All offences under this Act, and all penalties, forfeitures, costs, and expenses under this Act directed to be recovered in a summary manner, or the recovery of which is not otherwise provided for, may be prosecuted and recovered in manner directed by the Summary Jurisdiction Acts before a court of summary jurisdiction. The court of summary jurisdiction, when hearing and determining an information or complaint under this Act, shall be constituted of two or more justices of the peace in petty sessions, sitting at a place appointed for holding petty sessions, or of some magistrate or officer for the time being empowered by law to do alone any act authorised to be done by more than one justice of the peace sitting at some court or other place appointed for the administration of justice.

250. General provisions as to summary proceedings

Any complaint or information made or laid in pursuance of this Act shall be made or laid within six months from the time when the matter of such complaint or information respectively arose.
The description of any offence under this Act in the words of this Act shall be sufficient in law.
Any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany the description of the offence in this Act, may be proved by the defendant, but need not be specified or negatived in the information; and, if so specified or negatived, no proof in relation to the matters so specified or negatived shall be required on the part of the informant.

251. Restriction on recovery of penalties

Proceedings for the recovery of any penalty under this Act shall not, except as in this Act is expressly provided, be had or taken by any person other than by a party aggrieved, or by the sanitary authority of the district in which the offence is committed, without the consent in writing of the Attorney General for Ireland: Provided that such consent shall not be required to proceedings which are by the provisions of this Act relating to nuisances or offensive trades, authorised to be taken by a sanitary authority in respect of any act or default committed or taking place without their district, or in respect of any house, building, manufactory, or place situated without their district.

252. Application of penalties

Where the application of a penalty under this Act is not otherwise provided for, one half thereof shall go to the informer, and the remainder to the sanitary authority of the district in which the offence was committed: Provided, that if the sanitary authority is the informer they shall be entitled to the whole of the penalty recovered; and all penalties or sums recovered by them on account of any penalty shall be paid over to their treasurer, and shall by him be carried to the account of the fund applicable by such authority to the general purposes of this Act.

253. Proceedings in certain cases against nuisances

Where any nuisance under this Act appears to be wholly or partially caused by the acts or defaults of two or more persons, it shall be lawful for the sanitary authority or other complainant to institute proceedings against any one of such persons, or to include all or any two or more of such persons in one proceeding; and any one or more of such persons may be ordered to abate such nuisance, so far is the same appears to the court having cognizance of the case to be caused by his or their acts or defaults, or may be prohibited from continuing any acts or defaults which, in the opinion of such court, contribute to such nuisance, or may be fined or otherwise punished, notwithstanding that the acts or defaults of any one of such persons would not separately have caused a nuisance; and the costs may be distributed as to such court may appear fair and reasonable.
Proceedings against several persons included in one complaint shall not abate by reason of the death of any among the persons so included, but all such proceedings may be carried on as if the deceased person had not been originally so included.
Whenever in any proceeding under the provisions of this Act relating to nuisances, whether written or otherwise, it becomes necessary to mention or refer to the owner or occupier of any premises, it shall be sufficient to designate him as the “owner” or “occupier” of such premises, without name or further description.
Nothing in this section shall prevent persons proceeded against from recovering contribution in any case in which they would now be entitled to contribution by law.

254. Summary proceedings for recovery of rates

If any person assessed to any rate made under this Act by any urban authority fails to pay the same when due and for the space of fourteen days after the same has been lawfully demanded in writing, or if any person quits or is about to quit any premises without payment of any such rate then due from him in respect of such premises, and refuses to pay the same after lawful demand thereof in writing, any justice may summon the defaulter to appear before a court of summary jurisdiction to show cause why the rate in arrear should not be paid; and if the defaulter fails to appear, or if no sufficient cause for non-payment is shown, the court may make an order for payment of the same, and, in default of compliance with such order, may by warrant cause the same to be levied by distress of the goods and chattels of the defaulter.
The costs of the levy of arrears of any rate may be included in the warrant for such levy.

266. Notices, &c. may be printed or written

Notices, orders, and other such documents under this Act may be in writing or print, or partly in writing and partly in print; and if the same require authentication by the sanitary authority the signature thereof by the clerk to the sanitary authority, or their inspector of nuisances, shall be sufficient authentication.

267. Service of notices

Notices, orders, and any other documents required or authorised to be served under this Act may be served by delivering the same to or at the residence of the person to whom they are respectively addressed, or where addressed to the owner or occupier of premises, by delivering the same or a true copy thereof to some person on the premises, or if there is no person on the premises who can be so served, by fixing the same on some conspicuous part of the premises; they may also be served by post by prepaid letter, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the notice, order, or other document was properly addressed and put into the post.
Any notice by this Act required to be given to the owner or occupier of any premises may be addressed by the description of the “owner” or “occupier” of the premises (naming them) in respect of which the notice is given, without further name or description.

267. Service of notices
Notices, orders, and any other documents required or authorised to be served under this Act may be served by delivering the same to or at the residence of the person to whom they are respectively addressed, or where addressed to the owner or occupier of premises, by delivering the same or a true copy thereof to some person on the premises, or if there is no person on the premises who can be so served, by fixing the same on some conspicuous part of the premises; they may also be served by post by prepaid letter, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the notice, order, or other document was properly addressed and put into the post.
Any notice by this Act required to be given to the owner or occupier of any premises may be addressed by the description of the “owner” or “occupier” of the premises (naming them) in respect of which the notice is given, without further name or description.

269. Appeal to quarter sessions

Where any person deems himself aggrieved by any rate made under the provisions of this Act, or by any order, conviction, judgment, or determination of or by any matter or thing done by any court of summary jurisdiction, such person may appeal therefrom, subject to the conditions and regulations following:
(1). The appeal shall be made to the next court of quarter sessions for the county, division, or place in which the cause of appeal has arisen, holden not less than twenty-one days after the demand of the rate or the decision of the court from which the appeal is made:

(2). The appellant shall within fourteen days after the cause of appeal has arisen, give notice to the other party and to the authority or court of summary jurisdiction by whose act he deems himself aggrieved of his intention to appeal and of the ground thereof:

(3). The appellant shall, immediately after such notice, enter into a recognizance before a justice of the peace, with two sufficient sureties, conditioned personally to try such appeal, and to abide the judgment of the court thereon, and to pay such costs as may be awarded by the court, or give such other security by deposit of money or otherwise as the justice may allow:

(4). Where the appellant is in custody the justice may, on the appellant entering into such recognizance or giving such other security as aforesaid, release him from custody:

(5). On appeals under this Act against any rate—
The chairman of the court before whom such appeal shall be brought shall have power to hear and finally determine the matter of any appeal brought before him under this Act, and shall make such order therein as to him shall seem meet, which order shall be final and conclusive upon all parties; and he shall have power to order the name of any person interested or concerned in the event of such appeal, and having had notice thereof, as herein is provided, to be inserted in such rate, and to be rated at such sum or sums of money, or to order the name of any such person to be struck out of such rate, or the sum or sums at which any such person is rated therein to be altered, as the said chairman shall think right: Provided always, that the chairman to whom such appeal shall be made shall not examine or inquire into any other cause or ground of appeal than such as is stated and specified in the notice of appeal, nor alter any such rate with respect to other persons or matter than are mentioned and specified in the notice of appeal; but if upon an appeal from the whole of any rate it shall be found necessary to quash or set aside the same, the chairman shall quash the same, and shall in that case order the sanitary authority to make a new rate, and they are hereby required to make the same accordingly.
If upon the hearing of any appeal from any rate under this Act, the chairman shall order the name of any person to be struck out of such rate, or the sum or sums rated on any person to be decreased or lowered, and if it shall be made to appear to the chairman that such person hath previously to the hearing of such appeal paid any sum or sums of money in consequence of such rate which he ought not to have been charged with, then and in every such case the chairman shall order all and every such sum and sums of money to be repaid by the said sanitary authority, together with all reasonable costs, charges, and expenses occasioned by such person having been required to pay the same, to be recovered as penalties and forfeitures under this Act, in virtue of the provisions of which such rate shall have been made.
The person so appealing shall give or cause to be given at least fourteen days notice in writing of his or their intention of appealing as aforesaid and of the matter or cause thereof, to the clerk of the sanitary authority, and the chairman upon the hearing of such appeal shall not examine or inquire into any other cause or ground of appeal than such as is stated and specified in the notice of appeal; and if any person shall appeal against a rate because any other person is rated therein at any greater or less sum than the net annual value of the hereditaments in respect of which such other person shall be rated, or for any cause that shall require any alteration to be made in such rates with respect to any other person, then and in every such case the person so appealing shall give such notice of appeal as aforesaid not only to the said clerk, but also to every other person so interested or concerned in the event of such appeal, and every such other person shall, if he so desire be heard upon such appeal.
Notwithstanding any such appeal or notice thereof, every rate shall be payable and shall be levied as if no appeal had been made until such rate shall be actually quashed or amended.
The chairman, upon hearing and finally determining the matter of any appeal, shall and may, according to his discretion, award such cost to the party appealing or appealed against as be shall think proper; and his determination in or concerning the premises shall be conclusive and binding on all parties to all intents and purposes whatsoever:

(6). In the case of other appeals the court of appeal may, if it thinks fit, adjourn the appeal, and on the hearing thereof may confirm, reverse, or modify the decision of the court of summary jurisdiction, or remit the matter to the court of summary jurisdiction with the opinion of the court of appeal thereon, or make such other order in the matter as the court thinks just. The court of appeal may also make such order as to costs to be paid by either party as the court thinks just:

(7). The decision of the court of appeal shall be binding on all parties: Provided that the court of appeal may, if such court thinks fit, state the facts specially for the determination of a superior court.

270. Payments to members of sanitary authority as counsel illegal

Any payment to any member of a sanitary authority or burial board for acting as counsel, solicitor, attorney, or agent for such authority or board shall be illegal; […].

271. Entry on lands for purposes of Act

Whenever it becomes necessary for a sanitary authority or any of their officers to enter, examine, or lay open, any lands or premises for the purpose of making plans, surveying, measuring, taking levels, making, keeping in repair, or examining works, ascertaining the course of sewers or drains, or ascertaining or fixing boundaries, and the owner or occupier of such lands or premises refuses to permit the same to be entered upon, examined, or laid open, for the purposes aforesaid, or any of them, the sanitary authority may, after written notice to such owner or occupier, apply to a court of summary jurisdiction for an order authorising the sanitary authority to enter, examine, and lay open the said lands and premises for the purposes aforesaid, or any of them.
If no sufficient cause is shown against the application the court may make an order accordingly, and on such order being made the sanitary authority or any of their officers may, at all reasonable times between the hours of nine in the forenoon and six in the afternoon, enter, examine, or lay open, the lands or premises mentioned in such order, for such of the said purposes as are therein specified, without being subject to any action or molestation for so doing: Provided that, except in case of emergency, no entry shall be made or works commenced under this section unless at least twenty-four hours notice of the intended entry, and of the object thereof, be given to the occupier of the premises intended to be entered.

272. Penalty on obstructing execution of Act

Any person who wilfully obstructs any member of the sanitary authority, or any person duly employed in the execution of this Act, or who destroys, pulls down, injures, or defaces any board on which any byelaw, notice, or other matter is inscribed, shall, if the same was put up by authority of the Local Government Board or of the sanitary authority, be liable for every such offence to a penalty not exceeding €1,269.74 [£1,000].
Where the occupier of any premises prevents the owner thereof from obeying or carrying into effect any provisions of this Act, any justice to whom application is made in this behalf shall, by order in writing, require such occupier to permit the execution of any works required to be executed, provided that the same appear to such justice to be necessary for the purpose of obeying or carrying into effect the provisions of this Act; and if within twenty-four hours after the making of the order such occupier fails to comply therewith, be shall be liable to a penalty not exceeding €6.35 [five pounds] for every day during the continuance of such non-compliance.
If the occupier of any premises, when requested by or on behalf of the sanitary authority to state the name of the owner of the premises occupied by him, refuses or wilfully omits to disclose or wilfully misstates the same, he shall (unless he shows cause to the satisfaction of the court for his refusal) be liable to a penalty not exceeding [€1,269.74 [£1,000]].

273. Penalty on damaging works, &c. of sanitary authority

Any person who wilfully damages any works or property belonging to any sanitary authority shall, in cases where no other penalty is provided by this Act, be liable to a penalty not exceeding [€1,269.74 [£1,000]].

274. Compensation in case of damage by sanitary authority

Where any person sustains any damage by reason of the exercise of any of the powers of this Act, in relation to any matter as to which he is not himself in default, full compensation shall be made to such person by the sanitary authority exercising such powers; and any dispute as to the fact of damage or amount of compensation shall be settled by arbitration in manner provided by this Act, or if the compensation claimed does not exceed the sum of €25.39 [twenty pounds], the same may, at the option of either party, be ascertained by and recovered before a court of summary jurisdiction.

275. Compensation to officers in certain cases

If any officer of any body by this Act constituted the sanitary authority of any district is by or in pursuance of this Act or of any provisional order made under the authority of this Act, removed from his office or deprived of the whole or part of the emoluments of his office, and is not employed in an office of equal value, and with equal privileges, by such sanitary authority, the Local Government Board may by order award to such officer such compensation as the said Board may think just; and such compensation may be by way of annuity or otherwise, and shall be paid by the authority of this sanitary district in which such officer held his officer out of the rates applicable to sanitary purposes within that district.

276. As to consent of Local Government Board required in certain cases

Where in any Local Act the consent, sanction, or confirmation of the Lord Lieutenant, the chief secretary of the Lord Lieutenant, or the Privy Council is required with respect to the borrowing of any money, to the giving effect to any byelaws, or to the appointment of any officer for sanitary purposes, the consent, sanction, or confirmation of the Local Government Board shall, after the passing of this Act, be required instead of that of the authorities above named.
[…]
The powers vested in or exerciseable by one of Her Majesty’s Principal Secretaries of State under the Markets and Fairs Clauses Act, 1847, so far as the same relate to Ireland, are hereby transferred to the Local Government Board, and may in Ireland be exercised by the Local Government Board.
If any question arises as to what are sanitary purposes within the meaning of this section, the determination of the Local Government Board on such question shall be conclusive.

278. As to construction of incorporated Acts

In the construction of the provisions of any Act incorporated with this Act the term “the special Act” includes this Act, and in the case of the Lands Clauses Acts any provisional order confirmed by Parliament and authorising the purchase of lands otherwise than by agreement under this Act; the term “the limits of the special Act” means the limits of the district; and the urban or rural authority shall be deemed to be “the promoters of the undertaking,” “the commissioners, or “the undertakers,” as the case may be.
All penalties incurred under the provisions of any Act incorporated with this Act shall be recovered and applied in the same way as penalties incurred under this Act.

279. Construction of schedules

The schedules to this Act shall be read and have effect as part of this Act.
The forms contained in Schedule C to this Act, or forms to the like effect, varied as circumstances may require, may be used and shall be sufficient for all purposes.

280. Provision as to the sanitary authorities existing at the passing of this Act and their officers, &c.

All urban sanitary authorities and rural sanitary authorities existing at the time of the passing of this Act shall be deemed to be urban authorities and rural authorities under this Act; and all joint boards and committees of rural sanitary authorities existing at the time of the passing of this Act shall be deemed to be joint boards and committees of rural sanitary authorities under this Act; and the members of all the above-mentioned bodies shall hold office for such time as they would respectively have held office if this Act had not been passed; and the officers and servants of au the above-mentioned bodies shall continue to hold their several offices and employments on the same terms and subject to the same conditions, as to duties, remuneration, and otherwise, as they would have held them if this Act had not been passed; and all byelaws duly made under any of the Sanitary Acts by this Act repealed and not inconsistent with any of the provisions of this Act shall be deemed to be byelaws under this Act; and all the provisions of this Act shall apply to all such bodies existing at the time of the passing of this Act, and to their several officers and servants, in substitution for the provisions of the Sanitary Acts by this Act repealed, but so as not to affect any right acquired or liability incurred under the Sanitary Acts, or any of them, before the passing of this Act, and existing at the time of the passing of this Act.

281. Saving for works and property of certain authorities, and for navigation and water rights, &c.

Nothing in this Act shall be construed to authorise any sanitary authority—
(1). To use, injure, or interfere with any sluices, floodgates, sewers, groynes or sea defences, or other works already or hereafter made under the authority of any commissioners of sewers appointed by the Crown, or any sewers or other works already or hereafter made and used by any body of persons or person for the purpose of draining, preserving or improving land under any local or private Act of Parliament, or for the purpose of irrigating land; or

(2). To disturb or interfere with any lands or other property vested in the Lord High Admiral of the United Kingdom or the Commissioners for executing the office of the Lord High Admiral for the time being or in Her Majesty’s Principal Secretary of State for the war Department for the time being; or

(3). To interfere with any river, canal, dock, harbour, lock, reservoir, or basin, so as to injuriously affect the navigation thereon, or the use thereof, or to interfere with any towing-path so as to interrupt the traffic thereof, in cases where any body of persons or person are or is by virtue of any Act of Parliament entitled to navigate on or use such river, canal, dock, harbour, lock, reservoir, or basin, or to receive any tolls or dues in respect of the navigation thereon or use thereof; or

(4). To interfere with any watercourse in such manner as to injuriously affect the supply of water to any river, canal, dock, harbour, reservoir, or basin, in cases where any such body of persons or person as last aforesaid would, if this Act had not passed, have been entitled by law to prevent or be relieved against such interference; or

(5). To interfere with any bridges crossing any river, canal, dock, harbour, or basin, in cases where any body of persons or person are or is authorised by virtue of any Act of Parliament to navigate or use such river, canal, dock, harbour, or basin, or to demand any tolls or dues in respect of the navigation thereon or use thereof; or

(6). To execute any works in, through, or under any wharves, quays, docks, harbours, or basins, to the exclusive use of which any body of persons or person are or is entitled by virtue of any Act of Parliament, or for the use of which any body of persons or person are or is entitled by virtue of any Act of Parliament to demand any tolls or dues,—
Without the consent in every case of such Lord High Admiral or Commissioners for executing the office of Lord High Admiral, Secretary of State, Commissioners, body of persons or person as are herein-before in that behalf respectively mentioned, such consent to be expressed in writing in the case of a corporation under their common seal, and in the case of any body of persons not being a corporation under the band of their clerk or other duly authorised officer or agent; and nothing in this Act shall prejudice or affect the rights, privileges, powers, or authorities given or reserved to any person under such local or private Acts for draining, preserving, or improving land as are in this section mentioned.

282. Reference to arbitration in case of works not within preceding section

Where any matters or things proposed to be done by any sanitary authority, and not being within the prohibition aforesaid, interfere with the improvement of any river, canal, dock, harbour, lock, reservoir, basin, or towing-path which any body of persons or person are or is entitled by virtue of any Act of Parliament to navigate on or use, or in respect of the navigation whereon or use whereof to demand any tolls or clues, or interfere with any works belonging to such river, canal, dock, harbour, or basin, or with any land necessary for the enjoyment or improvement thereof, the sanitary authority shall give to such body of persons or person a notice specifying the particulars of the matters and things so intended to be done. If the parties on whom such notice is served do not consent to the requisitions thereof, the matter in difference shall be referred to arbitration; and the following questions shall be decided by such arbitration; (that is to say,)
(1). Whether the matters or things proposed to be done by the sanitary authority will cause any injury to such river, canal, dock, harbour, basin, towing-path, works, or land, or to the enjoyment or improvement of such river, canal, dock, harbour, or basin as aforesaid:

(2). Whether any injury that may be caused by such matters or things, or any of them, is or is not of a nature to admit of being fully compensated by money.

283. Effect of arbitration

The result of any such arbitration shall be final, and the sanitary authority shall do as follows; (that is to say,)
(1). If the arbitrators are of opinion that no injury will be caused, the sanitary authority may forthwith proceed to do the proposed matters and things:

(2). If the arbitrators are of opinion that injury will be caused, but that such injury is of a nature to admit of being fully compensated by money, they shall proceed to assess such compensation; and on payment of the amount so assessed, but not before, the sanitary authority may proceed to do the proposed matters and things:

(3). If the arbitrators are of opinion that injury will be caused, and that it is not of a nature to admit of being fully compensated by money, the sanitary authority shall not proceed to do any matter or thing in respect of which such opinion may be given.

284. Provision as to transfer of powers, &c.

No transfer of powers and privileges under this Act shall deprive any body of persons or person authorised by virtue of any Act of Parliament to navigate on any river or canal, or to demand for their or his own benefit in respect of such navigation any tolls or dues, of such power and privileges as are vested in them by any Act of Parliament in relation to such river or canal.

286. Saving for water rights generally

Nothing in this Act shall be construed to authorise any sanitary authority to injuriously affect any reservoir, canal, river, or stream, or the feeders thereof, or the supply, quality, or fall of water contained in any reservoir, canal, river, stream, or in the feeders thereof, in cases where any body of persons or person would, if this Act had not passed, have been entitled by law to prevent or be relieved against the injuriously affecting such reservoir, canal, river, stream, feeders, or such supply, quality, or fall of water unless the sanitary authority first obtain the consent in writing of the body of persons or person so entitled as aforesaid.

287. Arbitration as to alteration of sewers injuriously affecting supply of water, &c.

Any difference of opinion that may arise between a sanitary authority and any such body of persons or person as aforesaid, whether any sewers, drains, culverts, or pipes substituted under the powers of this Act for sewers, drains, culverts, or pipes constructed or laid down by any sanitary authority are equally effectual with those for which they are substituted, or whether the supply, quality, or fall of water in any such reservoir, canal, river, or stream as last aforesaid is injuriously affected by the exercise of powers under this Act, may, at the option of the party complaining, be determined by arbitration in manner by this part of this Act provided. The arbitrators shall decide the same questions as to the alleged injury, and the sanitary authority shall proceed in the same way as is by this Act provided with regard to arbitrations in cases of alleged injury to rivers, canals, docks, harbours, and basins.

288. Saving for mines, &c.

Nothing in this Act shall be construed to extend to any mines so as to interfere with or to obstruct the efficient working of the same; nor to the smelting of ores and minerals, nor to the calcining, puddling, and rolling of iron and other metals, nor to the conversion of pig iron into wrought iron, so as to obstruct or interfere with any of such processes respectively.

291. Saving for acts of authorities under any Local Act

All rates, orders, acts, or things made, assessed, performed, or done, before the passing of this Act, by any authority purporting, to act under the powers conferred on them by a Local Act with respect to any sanitary purposes shall be valid notwithstanding the passing of the Public Health (Ireland) Act, 1874, or of this Act.

292. Saving for proceedings under Local Acts

Where within the district of a sanitary authority any Local Act is in force, providing for purposes the same as or similar to the purposes of this Act, proceedings may be instituted at the discretion of the authority or person instituting the same, either under the Local Act or this Act, or under both, subject to these qualifications:
(1). That no person shall be punished for the same offence both under a Local Act and this Act; and

(2). That the sanitary authority shall not, by reason of any Local Act in force within their district, be exempted from the performance of any duty or obligation to which they may be subject under this Act.

293. Powers of Act to be cumulative

All powers given by this Act shall be deemed to be in addition to and not in derogation of any other powers conferred by Act of Parliament, law, or custom, and such other powers may be exercised in the same manner as if this Act had not passed; and nothing in this Act shall exempt any person from any penalty to which he would have been subject if this Act had not passed.
Provided that no person who has been adjudged to pay any penalty in pursuance of this Act shall for the same offence be liable to a penalty under any other Act.

294. Repeal of Acts in Schedule A

The Acts specified in the first and second columns of Schedule A. to this Act are hereby repealed to the extent in the third column of that schedule mentioned:
Provided that this repeal shall not affect —
(a) Anything duly done or suffered under any enactment hereby repealed; or

(b) any right or liability acquired, accrued, or incurred under any enactment hereby repealed, or any regulation or order duly made in pursuance of any such enactment; or

(d) any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment hereby repealed; or

(e) a legal proceeding, or remedy in respect of any such right, penalty, forfeiture, or punishment as aforesaid; and any such proceeding, and remedy may be carried on as if this Act had not been passed.

Schedule A
Schedule B

LOCAL GOVERNMENT (NO.2) ACT 1960

An Act to make further and better provision in relation to local government and to make certain amendments in the law relating to local government and to provide for other matters connected with the matters aforesaid.
[21st December, 1960]
Part I

Preliminary and General

1. Short title, collective citation and construction.
(1) This Act may be cited as the Local Government (No. 2) Act, 1960.

(2) The collective citation “the Local Government Acts, 1925 to 1960” shall include this Act.

(3) The Local Government Acts, 1925 to 1960, shall be construed together as one Act.

2. Interpretation.

(1) In this Act “the appropriate Minister” means—
(a) if the relevant borrowing, lending or acquisition relates to matters as respects which the Ministerial functions relating to them are vested in a single Minister other than the Minister for Local Government—that Minister,

(b) if it relates to matters as respects which the Ministerial functions relating to them are vested in two or more Ministers (neither or none of whom is the Minister for Local Government)—such one of those Ministers as has the greater or greatest interest in the matters, and

(2) If, in relation to paragraph (b) of the foregoing subsection, any doubt arises as to which one of two or more Ministers has the greater or greatest interest, the doubt shall be determined by the Minister for Local Government.

(3) In this Act “land” includes water and any estate or interest in land or water and any easement or right in, to or over land or water.

(4) References in this Act to borrowing include references to reborrowing.

3. Laying of regulations before Houses of the Oireachtas.
Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
Part III Miscellaneous
[10.

Extension of compulsory acquisition under Housing of the Working Classes Acts, 1890 to 1958.

(1) Where—
(a) a local authority intend to acquire compulsorily any land, whether situate within or outside their functional area, for purposes for which they are capable of being authorised by law to acquire land compulsorily,

(b) those purposes are purposes other than the purposes of the Housing Act, 1966, or are purposes some only of which are purposes of that Act, and

the local authority may decide so to effect the acquisition.

(2) […]

(3)
(a) Where a local authority make a decision under subsection (1) or (2) of this section, they may be authorised to acquire the land compulsorily by means of a compulsory purchase order as provided for by section 76 of the Housing Act, 1966, and the Third Schedule thereto and for the purposes of this paragraph any reference to a housing authority in the said section 76 or the said Third Schedule shall be construed as a reference to a local authority.

(b) For the purposes of paragraph (a) of this subsection, “the Minister”, wherever that expression occurs in section 76 of the Housing Act, 1966, and the Third Schedule thereto shall be construed as referring to the appropriate Minister.

(4)
(a) The provisions of sections 78, 79, subsection (1) of section 80, section 81 of the Housing Act, 1966, and the Fourth Schedule thereto, shall apply in relation to an order made by virtue of this section and any reference in the said sections and subsection and in the said Fourth Schedule as so applied to a housing authority or the Minister shall be construed as a reference as to the local authority or the appropriate Minister, respectively.

(b) The provisions of section 3 of the Housing Act, 1966, are hereby extended so as to have effect for the purposes of this section and any reference in the said sections as so extended to a housing authority or, except in the said section 5, to the Minister shall be construed as a reference to the local authority or the appropriate Minister, respectively.

(c) The provisions of subsection (2) of s.83 of the Housing Act, 1966, shall apply in relation to land acquired by means of an order made by virtue of this section.

[(d) Where—
(i) an order is made by virtue of this section, and

(ii) there is a public right of way over the land to which the order relates or any part thereof or over land adjacent to or associated with the land or any part thereof,

the order may authorise the local authority, by order made by them after they have acquired such land or part, to extinguish the right of way.]

[(e) Where—
(i) an order made by virtue of this section authorises the extinguishment of a public right of way, and

(ii) there is an objection to the extinguishment and the objection is not withdrawn,

the Minister shall afford an opportunity to the person making the objection to state his case at a public local inquiry save where he thinks fit not to confirm the order.]

(5) A local authority may, in a case in which they have made a decision under subsection (1) of this section, be authorised to acquire land compulsorily by means of a single order made by virtue of this section irrespective of the number of the purposes for which the land is required.

(6) In this section, “land” includes any interest or right over land granted by or held from the local authority acquiring the land.]

13. Power of local authority to inspect land.

(1) An officer or agent of a local authority who is duly authorised in that behalf by the authority may, subject to the provisions of this section, enter on any land at all reasonable times between the hours of 9 a.m. and 6 p.m. for the purpose of ascertaining whether the land is or is not suitable for acquisition by the authority.

(2) A person entering on land under this section may do thereon all things reasonably necessary for the purpose for which the entry is made and, in particular, may survey, make plans, take levels, make excavations, and examine the depth and nature of the subsoil.

(3) Before a person enters under this section on any land, the local authority on whose authority the entry is proposed to be made shall either obtain the consent (in the case of occupied land) of the occupier or (in the case of unoccupied land) the owner or shall give to the owner or occupier (as the case may be) not less than fourteen days’ notice in writing of the intention to make the entry.

(4) A person to whom a notice of intention to enter on land has been given under this section by a local authority may, no later than fourteen days after the giving of such notice, apply, on notice to such local authority, to the justice of the District Court having jurisdiction in the district in which the land is situate for an order prohibiting the entry, and, upon the hearing of the application, the justice may, if he so thinks proper, either wholly prohibit the entry or specify conditions to be observed by the person making the entry.

(5) Where a justice of the District Court prohibits under this section a proposed entry on land, it shall not be lawful for any person to enter under this section on the land, and where a justice of the District Court specifies under this section conditions to be observed by persons entering on land, every person who enters under this section on the land shall observe the conditions so specified.

(6) A person who suffers damage by anything done under this section on any land and, within six months after such thing is done, makes to the local authority on whose authority the land was entered under this section a claim for compensation in respect of the damage shall be entitled to be paid by the authority reasonable compensation for the damage and, in default of being paid such compensation when the amount thereof has been agreed upon or has been determined under this section, to recover it from the authority in any court of competent jurisdiction as a simple contract debt.

(7) In default of agreement, the amount of any compensation payable by a local authority under this section shall, if the amount claimed in respect thereof does not exceed€63.47 [fifty pounds], be determined by the District Court or, in any other case, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919 (as amended by subsequent enactments) as if the compensation were the price of land compulsorily acquired.

(8) Every person who, by act or omission, obstructs an officer or agent of a local authority in the lawful exercise of the powers conferred by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a [class E fine] together with, in the case of a continuing offence, a [class E fine] for every day on which the offence is

Annotations

Amendments:

F269
Part 19A (ss. 211A-211F) inserted (24.12.2006) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 7, commenced on enactment.

Section 225

Local authority associations.

225.—(1) In this section “association of local authorities” means, the General Council of County Councils and the Association of Municipal Authorities of Ireland or any other body which may be established in place of either or both of those bodies, the membership of such association being constituted by local authorities and the general function of such association being to represent the collective interests of the local authorities which constitute its membership (in this section referred to as “constituent authorities”).

(2) A local authority may hold membership of an association of local authorities.

(3) An association of local authorities may carry out such activities as are necessary to represent the collective interests of the local authorities which constitute its membership, including—

(a) the undertaking of research and other studies,

(b) the promotion of education and training,

F279[(c) the provision of policy support and other assistance to its constituent authorities as regards any matter relating to or that may relate to local government,

(d) the assessment of public policy as regards any matter relating to or that may relate to local government, and

(e) the provision of advice and the making of submissions to the Minister or other public authorities as regards such matters.]

F280[(3A)(a) Where an association of local authorities or, in the event that there is a single association, such association requests a meeting with the Minister in relation to activities under subsection (3), the Minister shall meet a delegation from the association, or hold a meeting to which paragraph (b) applies, at least once in every year.

(b) Where there is more than one association of local authorities in being at the time of a request or requests for a meeting with the Minister under this subsection is or are received, the Minister may require the meeting for the purposes of paragraph (a) to be a meeting with a joint delegation from those associations.]

(4) An association of local authorities shall operate in accordance with its constitution or other procedural rules (by whatever name called).

(5) Without prejudice to any other provisions which may be included in the procedural rules of an association of local authorities, such rules shall set out the general functions and objectives of the association and provide for—

(a) the adoption by the association of annual estimates of expenditure and income,

(b) the keeping of all proper and sufficient accounts of all moneys received or spent by it and of its assets and liabilities,

(d) the adoption of an annual report on the performance of its functions, and

(e) such other matters as are necessary to give effect to its function of representing the collective interests of its constituent authorities and to give effect to the matters set out in subsection (6).

(6) Where a local authority holds membership of an association of local authorities, the following provisions apply:

(a) the local authority may elect such number of delegates to the association as may be specified in the procedural rules of that association;

(b) the local authority may make annual contributions to the funds of the association;

(c) the association may make payments to its delegates for expenses incurred in respect of travel and subsistence related to the business of the association on the basis set out in its procedural rules;

(d) the association shall provide the local authority with a copy of its procedural rules and shall consult the local authority regarding any proposed changes to those rules;

(e) the association shall provide the local authority and the Minister with—

(i) a copy of its draft estimates,

(ii) a copy of the estimates when adopted,

(iii) a copy of the audited accounts, annual report, and

(iv) such other reports or statements of the association as it may consider appropriate;

(f) the annual estimates shall set out the principal categories of expenditure and income and shall indicate how these relate to the association’s estimated financial requirements for the relevant period;

(g) the local authority and the association shall comply with such general directions as may be issued by the Minister in relation to—

(i) the form and categories in which income and expenditure under this section is shown in estimates and accounts, and

(ii) such other matters as the Minister may consider appropriate for the purposes of this section.

(7) For the purposes of this section, an association of local authorities shall, in the course of its activities, have regard to—

(a) its general function of representing the collective interests of its constituent authorities,

(b) the promotion of the interests generally of local government and of democratic representation of local communities,

(d) the need for effectiveness, efficiency and economy in the discharge of its business and to minimise demands on the resources of its constituent authorities, and

(e) any submissions made to it by a constituent authority on foot of subsection (6)(d) or (e) or otherwise, or by the Minister.

(8) The decision to hold or to cease to hold membership of an association of local authorities is a reserved function.

(9) A reference in any enactment to “the association of county councils of Ireland”, “the Irish County Councils General Council” or “the County Councils’ General Council” or to any analogous expression shall be read as a reference to the General Council of County Councils as referred to in subsection (1) or as a reference to that body by whatever name known for the time being.

Annotations

Amendments:

F279
Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 56(a), S.I. No. 214 of 2014.

F280
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 56(b), S.I. No. 214 of 2014.

Section 226

Local Authority Members’ Association.

226.—(1) A member of a local authority may in his or her own right hold membership of the association known as the Local Authority Members’ Association and the members of a local authority may appoint a person to represent them on that association.

(2) Subsections (3) to (8) of section 225 apply with any necessary modifications for the purposes of this section.

(3) Nothing in subsections (1) and (2) or section 225 shall be read as preventing the establishment of a unified body to replace the bodies mentioned in those provisions and to represent local government and its elected members.

Section 227

Reclaimed land and structures to form part of local authority area.

227.—(1) The maritime boundary of a county, city or town shall on the establishment day by virtue of this subsection be deemed to coincide with the ordinary high water mark for the time being, except where in accordance with section 10(4), such boundary already extends beyond that high water mark.

F281[(1A) In subsection (1) the reference to the maritime boundary of a county or city includes, where the context admits, the maritime boundary of a city and county which is the successor authority (within the meaning of the Local Government Reform Act 2014) to a county and to a city, and references in this section to a county or city shall be read accordingly.]

(2)(a) For the avoidance of doubt and without prejudice to subsection (1) it is hereby declared that all land which is above the ordinary high water mark for the time being and which is formed by reclamation or other construction works or by natural accretion or otherwise shall, notwithstanding the provisions of any other enactment, for all purposes, including all functions conferred on a local authority by this or any other enactment, be included in and form part of the county or city to which it is contiguous or connected or where it adjoins or is connected to more than one such county or city in proportion to the extent of the common boundary and the boundary of that county or city shall stand altered accordingly.

(b) Where land referred to in paragraph (a) forms part of a county or city it shall by virtue of this paragraph also for all purposes be included in and form part of F282[…] any other administrative, electoral or geographical district which it adjoins and which is situated within such county or city or where it adjoins more than one such district in proportion to the extent of the common boundary of such districts.

(c) In this section and for purposes of illustration only and without restriction of the definition of land in section 2 as including a structure, land shall be read as including piers, wharves, jetties, breakwaters, walkways, bridges, pylons, tanks or other installations, equipment or apparatus.

(3) Where a local authority becomes aware that land referred to in subsection (2)(a) has by virtue of this section become part of its administrative area, the authority shall notify the Chief Boundary Surveyor of that fact.

Annotations

Amendments:

F281
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 171, S.I. No. 214 of 2014.

F282
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 172, S.I. No. 214 of 2014.

Section 228

Acceptance of gifts by a local authority.

228.—(1) F283[…]

(2) A local authority may accept gifts of money, land or other property on the trusts or conditions (if any) as may be specified by the donor.

(3) A local authority shall not accept a gift if the trusts or conditions attached to it would be inconsistent with, or prejudice, the effective performance of its functions.

(4) A local authority shall, as appropriate, publish in its annual report details of all gifts accepted by it during the period of the report.

(5) Nothing in this section shall be read as restricting the right of any local authority to continue to hold and administer gifts of property which it has accepted before the establishment day under the Local Authorities (Acceptance of Gifts) Act, 1945.

Annotations

Amendments:

F283
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 173, S.I. No. 214 of 2014.

Editorial Notes:

E325
Obligation imposed on local authorities to apply the provisions of the accounting code of practice issued under s. 107 in respect of any gifts received under section (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), reg. 11, in effect as per reg. 2.

Section 229

Power of local authorities to enter into contracts, etc.

229.—(1) A local authority may enter into a contract with any person in respect of any matter arising in relation to the functions of the local authority.

(2) A local authority shall comply with guidelines issued by the Minister or other Minister of the Government in regard to contracts or the seeking, reception and examination of tenders.

(3) Any contract or instrument which, if entered into or executed by an individual, is not required to be under seal may be entered into or executed on behalf of the local authority by the F284[chief executive] in accordance with section 149(5) or by an employee generally or specially nominated by order of the F284[chief executive] for that purpose.

(4) A local authority may from time to time engage such consultants, advisers or other persons as it considers necessary for the discharge of its functions.

(5) This section shall not be read so as to limit the scope of section 65 in relation to the ancillary functions of local authorities.

(6) This section shall not be read so as to permit the exercise of a reserved function of a local authority other than by a local authority.

Annotations

Amendments:

F284
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 174, S.I. No. 214 of 2014.

Section 230
Joint burial boards.

230.—F285[…]

Annotations

Amendments:

F285
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 175, S.I. No. 214 of 2014.

Editorial Notes:

E326
Transfer day upon which certain Joint Burial Boards and Cemetery Joint Committees are dissolved specified (1.06.2014) by Local Government Act 2001 (section 230) Order 2013 (S.I. No. 447 of 2013).

Section 231

Joint drainage committees.

231.— (1) After consultation with the Minister for Finance, the Minister may by order provide that this section is to have effect in respect of a joint drainage committee specified in the order from a date so specified.

(2) F286[(a) In this subsection “the relevant local authorities” means the local authorities which are liable to provide funds to the joint drainage committee concerned.]

(b) Where an order is made under subsection (1), then from the date specified in the order the joint drainage committee so specified is dissolved and ceases to exist and the functions of that committee shall become and be functions of and vest in each of the relevant local authorities for so much of the drainage district as is within each of their administrative areas.

(c) The relevant local authorities may make such joint arrangements as may be necessary for the carrying out of the functions of the dissolved joint drainage committee.

(3)(a) The F286[chief executive] for a joint drainage committee to which an order under subsection (1) applies shall take all such steps as may be necessary—

(i) in preparation for and arising from the dissolution of the committee, and the winding-up of its affairs generally, and

(ii) for the making of such joint or other arrangements as may be necessary for the carrying out of its functions.

(b) It is the duty of the local authorities concerned to co-operate as regards the operation of any arrangements under paragraph (a)(ii).

Annotations

Amendments:

F286
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 176, 177, S.I. No. 214 of 2014.

Modifications (not altering text):

C63
Functions transferred and references to “Department of Finance” and “Minister for Finance” in subs. (1) construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

…

Schedule 1

Enactments

…

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

…

No. 37 of 2001

Local Government Act 2001

Sections 66(7), 81(6), 92(2), 109(8), 169(1)(a), 212(3) and 231(1)

…

Note change of name of Department and Minister to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19/2023), in effect as per art. 1(2).

Editorial Notes:

E327
Power pursuant to section exercised (1.01.2015) by Local Government Act 2001 (Section 231) Order 2014 (S.I. No. 478 of 2014).

E328
Power pursuant to section exercised (1.01.2003) by Local Government Act 2001 (Section 231) Order 2002 (S.I. No. 531 of 2002).

Section 232

Regulations to remove difficulties.

232.—If, in any respect, any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may be regulations do anything which appears to the Minister to be necessary or expedient for the purposes of removing that difficulty, for bringing that provision into operation or for securing or facilitating its operation and any such regulations may modify any provision of this Act or any other enactment so far as may be necessary or expedient for those purposes, but no regulations shall be made under this section in relation to a provision of this Act after the expiration of 3 years from the commencement of that provision.

Section 233
Reduction of grants etc. in certain circumstances.

233.—(1) Subject to subsection (2), where in the opinion of the Minister a local authority has failed or substantially failed to comply with a statutory duty under any enactment, the Minister may reduce or withhold payment of any grant or any other money due or otherwise payable to the local authority.

(2) The Minister shall notify the local authority concerned in writing of his or her intention to exercise the functions conferred by subsection (1) and shall state the reasons for it and that local authority may within the period of 3 weeks of such notification make a submission in writing to the Minister as regards the matter and the Minister shall have regard to any such submission so received.

Section 234

Offence by body corporate.

234.—(1) Where an offence under this Act is committed by a body corporate and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, F287[chief executive], secretary or other similar officer of the body or any person who was claiming to act in any such capacity, that officer or person, as well as the body, is guilty of an offence and is liable to be proceeded against and punished as if he or she had committed the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

Annotations

Amendments:

F287
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 178, S.I. No. 214 of 2014.

Section 235

Commencement of summary proceedings.

235.—Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings in relation to an offence under this Act may, subject to section 181(8) in respect of such proceedings for an offence under Part 15, be commenced at any time within 12 months from the date on which the offence was committed.

Section 236

Discharge of certain functions by Minister.

236.—(1) In this section “officer” means an officer of the Minister who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956.

(2) The Minister may delegate any of his or her functions under—

(a) this Act,

(b) any enactment mentioned in Part 1 of Schedule 12, or

which are specified in the delegation.

(3) Every delegation under this section shall be in writing to a named officer or to an officer of a specified grade, position or description.

(4) A delegation under this section may be revoked by the Minister.

(5) A delegation under this section is without prejudice to the right of the Minister to exercise the function concerned.

(6) Every function delegated under this section shall be exercised and performed by the delegated officer subject to the general supervision and control of the Minister and to such limitations (if any) as may be specified in the delegation or which may be specified in writing by the Minister at any time thereafter.

(7) A delegation made under section 61 of the Local Government Act, 1994, is deemed to be a delegation under this section and continues to have effect accordingly and any reference in such delegation to a function of the Minister under any enactment repealed by this Act shall be read as a reference to the corresponding provision of this Act.

Section 237
Regional authorities, functions.

237.—A regional authority established by the Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1999 (S.I. No. 226 of 1999), made under section 43 of the Local Government Act, 1991, shall have and be deemed always to have had such functions in connection with assistance from the European Communities as are specified in that order.

Annotations

Modifications (not altering text):

C64
“Regional authorities” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 62(2)(b), S.I. No. 214 of 20214.

Regional assemblies

62. …

(2) …

(b) references in any enactment to regional authorities within the meaning of section 43 (as amended by this Act) of the Local Government Act 1991 shall, where the context admits, be read as references to regional assemblies,

…

Section 237A
F288[

Regulations relating to members of House of Oireachtas.

237A.—(1) In this section “dealing” in relation to a member of either House of the Oireachtas means a dealing with such a member in his or her capacity as such a member.

(2) Local authorities shall conduct their dealings with members of either House of the Oireachtas in accordance with regulations under subsection (3).

(3) The Minister shall make regulations for the purposes of subsection (2) and those regulations shall include provisions in relation to—

(a) the supply, without charge, of notice, agenda and minutes of local authority meetings to members of either such House,

(b) the supply by local authorities of other specified documentation or other specified information.

(d) arrangements to facilitate access by such members to information, and communication generally by local authorities with such members, and

(e) such other matters as the Minister may consider appropriate for the purposes of subsection (2).

(4) Nothing in this section derogates from—

(a) section 4,

(b) the functions of a local authority as specified in section 63(1)(a), or

Annotations

Amendments:

F288
Inserted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 3, commenced on enactment.

Editorial Notes:

E329
Power pursuant to section exercised (1.08.2003) by Local Government Act, 2001 (Section 237A) Regulations 2003 (S.I. No. 274 of 2003).

General Powers

Public Health (Ireland) Act 1878

38. Power to purchase premises for improvement of streets

57. Penalty in respect of certain nuisances on premises

59. Removal of filth on certificate of inspector of nuisances or sanitary officer

64. Power of carrying mains

65A. [Power to make and fix charges for water.

67. Certain provisions of 10 & 11 Vict. C17 and 26 & 27 Vict. C.93 incorporated

208. Powers of inspectors of Local Government Board

209. Power of Board to direct inquiries

210. Orders as to cost of inquiries

211. Proceedings on complaint to Board for default of sanitary authority

212. Orders of Board under this Act

213. Powers of inspectors of Local Government Board

214. As to provisional orders made by Local Government Board

215. Costs of provisional orders

216. Mode of reference to arbitration

217. Regulations as to arbitration

218. Claims under 20L may be referred to courts of summary jurisdiction

220. Power to impose penalties on breach of byelaws

226. Expenses of urban sanitary authority

227. Statutable limit of rating not to apply to expenses for sanitary purposes

229. Power to make private improvement rates

230. Proportion of private improvement rate may be deducted from rent

231. Redemption private improvement rates

233. Mode of raising contributions in rural sanitary district

235. Expenses incurred by joint board, how to be defrayed

236. Payment of contributions to joint board

243. Receiver may be appointed in certain cases

249. Summary proceedings for offences, penalties, &c.

250. General provisions as to summary proceedings

251. Restriction on recovery of penalties

253. Proceedings in certain cases against nuisances

254. Summary proceedings for recovery of rates

266. Notices, &c. may be printed or written

267. Service of notices

269. Appeal to quarter sessions

270. Payments to members of sanitary authority as counsel illegal

271. Entry on lands for purposes of Act

272. Penalty on obstructing execution of Act

273. Penalty on damaging works, &c. of sanitary authority

274. Compensation in case of damage by sanitary authority

275. Compensation to officers in certain cases

276. As to consent of Local Government Board required in certain cases

278. As to construction of incorporated Acts

279. Construction of schedules

280. Provision as to the sanitary authorities existing at the passing of this Act and their officers, &c.

281. Saving for works and property of certain authorities, and for navigation and water rights, &c.

282. Reference to arbitration in case of works not within preceding section

283. Effect of arbitration

284. Provision as to transfer of powers, &c.

286. Saving for water rights generally

287. Arbitration as to alteration of sewers injuriously affecting supply of water, &c.

288. Saving for mines, &c.

291. Saving for acts of authorities under any Local Act

292. Saving for proceedings under Local Acts

293. Powers of Act to be cumulative

294. Repeal of Acts in Schedule A

LOCAL GOVERNMENT (NO.2) ACT 1960

Preliminary and General

2. Interpretation.

Extension of compulsory acquisition under Housing of the Working Classes Acts, 1890 to 1958.

13. Power of local authority to inspect land.

Local authority associations.

Local Authority Members’ Association.

Reclaimed land and structures to form part of local authority area.

Acceptance of gifts by a local authority.

Power of local authorities to enter into contracts, etc.

Joint drainage committees.

Regulations to remove difficulties.

Offence by body corporate.

Commencement of summary proceedings.

Discharge of certain functions by Minister.

Regulations relating to members of House of Oireachtas.

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