Local Government Act, 1955

Amendment of Local Authorities (Works) Act, 1949.

47.—(1) In this section “the Act” means the Local Authorities (Works) Act, 1949 (No. 17 of 1949).

(2) The expenses incurred by the council of a county on works undertaken in pursuance of subsection (2) of section 2 of the Act in relation to land owned by them or to any permanent construction which was constructed by them or which they are required to maintain shall be charged in the same way as expenses of the council in connection with the maintenance of the land or permanent construction are charged.

(3) The expenses incurred by the council of a county on works undertaken in pursuance of subsection (3) of section 2 of the Act in relation to land not owned by them or to any permanent construction not being a permanent construction which was constructed by them or which they are required to maintain shall be charged on the county health district.

(4) An order under subsection (1) of section 3 of the Act authorising the execution of works on behalf of a local authority may provide for a contribution by that authority towards the cost of the works and, where that authority is the council of a county and the Minister considers that the contribution should be charged on the county health district, for the charge thereof on that district.

(5) An agreement under subsection (2) of section 3 of the Act for the execution of works on behalf of a local authority may provide for a contribution by that authority towards the cost of the works and, where that authority is the council of a county, the contribution shall be charged in the same way as that in which, if the council themselves executed the works, their expenses would be charged.

(6) Compensation payable by the council of a county pursuant to the Act shall be charged in the same way as the cost of the works or the contribution of the council towards the cost of the works (as may be appropriate) is charged.

(7) Where compensation is payable under the Act by a local authority executing works on behalf of another local authority:—

(a) the Minister may by order vary any order made under subsection (4) of this section so that the contribution shall comprise an amount in respect of compensation,

(b) any agreement entered into under subsection (2) of section 3 of the Act and providing for a contribution by such other local authority shall have effect subject to any such variation, so that the contribution shall comprise an amount in respect of compensation, as may be agreed upon between the local authorities or, in default of agreement, as may be determined by the Minister.

(8) The council of a county or corporation of a county borough may, for the purposes of defraying expenses under the Act, borrow under Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898, as if those purposes were mentioned in that Article, and money so borrowed shall not be reckoned as part of the debt of the council or corporation for the purposes of that Article.

(9) The corporation of a borough (other than a county borough) or the council of an urban district may, for the purposes of defraying expenses under the Act, borrow under the Local Government (Sanitary Services) Acts, 1878 to 1952, as if those purposes were purposes for which the corporation or council is authorised to borrow under those Acts, and money so borrowed shall not be reckoned as part of the debt of the corporation or council for the purposes of any limitation on borrowing imposed by those Acts.