Local Government (Ireland) Act 1900

JurisdictionUK Non-devolved
Citation1900 c. 63
Year1900


Local Government (Ireland) Act, 1900

(63 & 64 Vict.) CHAPTER 63.

An Act to amend sections forty-two, fifty-one, fifty-four, sixty-nine, one hundred and three, one hundred and fifteen, and one hundred and twenty-one of the Local Government (Ireland) Act, 1898, and Articles nineteen, twenty-four, and thirty-six of the Schedule to the Local Government (Application of Enactments) Order, 1898.

[8th August 1900]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

S-1 Amendment of 61 & 62 Vict. c. 37. s. 42 \(1), as to withdrawal of petition.

1 Amendment of 61 & 62 Vict. c. 37. s. 42 \(1), as to withdrawal of petition.

1. If a petition in pursuance of subsection (1) of section forty-two of the principal Act against an Order of the Local Government Board is withdrawn before the date fixed in that behalf in the Order, the said subsection shall have effect in like manner as if the petition had not been received.

S-2 Amendment of 61 & 62 Vict. c. 37. s. 51, as to making of poor rate.

2 Amendment of 61 & 62 Vict. c. 37. s. 51, as to making of poor rate.

2. Notwithstanding anything in section fifty-one of the principal Act, the council of any county or of any urban district may, if they think fit, either immediately prior to or at the beginning of each local financial year, make one poor rate for the whole financial year and collect the same in equal moieties, one moiety for each half year.

S-3 Amendment of 61 & 62 Vict. c. 37. s. 54, as to gale day and as to deductions from rent in urban districts.

3 Amendment of 61 & 62 Vict. c. 37. s. 54, as to gale day and as to deductions from rent in urban districts.

(1)3.—(1.) Section fifty-four of the principal Act shall be deemed to have bad effect as from the gale day last before the appointed day under that Act in the case of any tenancy one of the gale days of which is in March.

(2) (2.) Subsection (4) of the said section fifty-four shall apply with the necessary modifications, and shall be deemed to have so applied as from the gale day last before or next after the appointed day under the principal Act, as the case requires, where a deduction is or has been made from rent by virtue of subsection (11) of the said section, either as amended or not, in like manner as it applies where rent is reduced. Provided that where a person receiving and paying rent in respect of the same holding would not, if the principal Act or this Act had not passed, have been entitled to deduct more than half the poor rate from the rent paid by him, the reduction or deduction which may be made under the said subsection (4), either as extended or not, shall be calculated on the assumption that the occupier was entitled to deduct half the standard amount for poor rate in the standard financial year.

(3) (3.) Where an occupier is entitled under subsection (11) of the said section fifty-four to deduct from his rent a portion of the poor rate, he shall, instead of deducting the portion mentioned in the said subsection, be and, as from the gale day last before or next after the appointed day under the principal Act as the case requires, be deemed to have been, entitled to deduct a sum bearing the same proportion to the amount of poor rate actually paid by him from time to time in respect of the holding (exclusive of any amount raised as a separate item thereof under the principal Act) as the total amount he would have been entitled to deduct in the standard financial year, whether on account of poor rate or county cess, or both, on the assumption that the standard amounts for poor rate and county cess were raised in that year, bears to the standard amount for poor rate and county cess added together.

(4) (4.) The expression ‘lease’ in the said subsection (11) shall include a fee farm grant.

(5) (5.) Any sum paid by any person which would not have been payable if this section had been in the principal Act, may be recovered as a debt from the person to whom it was paid.

S-4 Amendment of 61 AMP; 62 Vict. c. 37. s. 69, as to salaries of officers.

4 Amendment of 61 AMP; 62 Vict. c. 37. s. 69, as to salaries of officers.

4. In section sixty-nine of the principal Act, the following provision shall be inserted and shall be deemed to have had effect as from the appointed day under the principal Act:—

‘For the purpose of the application of section one hundred and ten of the Grand Juries Act, 1836, to any county of a city constituted by this Act, that county of a city shall be treated in the same manner as the city of Cork is treated for the purposes of the said section.’

S-5 Amendment of 61 & 62 Vict. c. 37. s. 103, as to expenses.

5 Amendment of 61 & 62 Vict. c. 37. s. 103, as to expenses.

5. Any expenses of the Appeal Commission and of any officer assigned fly the Local Government Board to assist the Commission mentioned in section one hundred and three of the principal Act incurred after the thirty-first day of March last before the passing of this Act, shall be defrayed out of the sums paid to the Local Taxation (Ireland) Account under section fifty-eight...

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