No. 99/1939:

COUNTY SCHEMES (GENERAL AMENDMENT) ORDER, 1939.

COUNTY SCHEMES (GENERAL AMENDMENT) ORDER, 1939.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

THE LOCAL GOVERNMENT (TEMPORARY PROVISIONS) ACTS, 1923 AND 1924.

WHEREAS the Minister for Local Government, in exercise of the powers vested in him by the Local Government (Temporary Provisions) Act, 1923 (hereinafter referred to as " the Act "), did by the orders mentioned in column II of Part I of the Schedule to this Order amend and modify the existing county schemes for the administration of the relief of the poor in the counties and county boroughs, the names of which are set out opposite thereto in column I of the said Part of the said Schedule in such manner as to bring such schemes into conformity with the provisions set forth in the Schedules to the said Orders and did substitute such provisions for the provisions of the said existing county schemes respectively :

AND WHEREAS the Minister for Local Government, in exercise of the powers vested in him by the Act, did by the Orders mentioned in column II of Part II of the Schedule to this Order confirm county schemes prepared and submitted to him under the Act for the administration of the relief of the poor in the counties and county boroughs the names of which are set out opposite thereto in column I of the said Part of the said Schedule with such modifications, omissions and additions as were necessary to bring such schemes into conformity with the provisions set forth in the Schedules to the said Orders :

AND WHEREAS the Minister for Local Government and Public Health did by the Orders mentioned in column III of Parts I and II of the Schedule to this Order and by the County Schemes (General Amendment) Order, 1925, and the County Schemes (General Amendment) Order, 1933, further amend and modify the county schemes relating to the counties and county boroughs, the names of which are set out opposite thereto in column I of the said Parts of the said Schedule.

AND WHEREAS the said county schemes as amended and confirmed as aforesaid have come into operation, and the Minister for Local Government and Public Health deems it necessary further to amend and modify the said county schemes in manner hereinafter appearing, and has given to the councils or the counties and county boroughs to which such schemes relate or to the persons to whom the powers of any such councils or county boroughs have been transferred under Section 72 of the Local Government Act, 1925 , one month's notice of his intention to make such amendment and modification, and has taken into consideration any representations which have been made to him by such councils or persons within such month in respect of such amendment and modification :

NOW, THEREFORE, the Minister for Local Government and Public Health in exercise of the powers vested in him by Section 5 of the Act, does by this his Order, order and direct as follows, that is to say :—

1. This Order may be cited as the County Schemes (General Amendment) Order, 1939, and shall come into operation on, from and after the date hereof :

2. The Interpretation Act, 1937 , applies to this Order.

3. In this Order :—

(a) the expression " the Minister " means the Minister for Local Government and Public Health ;

(b) the expression " county scheme " means in relation to each of the counties and county boroughs the names of which are set out in column I of Part I and Part II of the Schedule to this Order, the provisions contained in the Schedule to the Order specified in column II of the said Parts of the said Schedule, opposite to the name of such county or county borough, as amended by the Orders specified in column III of the said Parts of the said Schedule and by the County Schemes (General Amendment) Order, 1925, and the County Schemes (General Amendment) Order, 1933 ; and

(c) the expression " public assistance authority " means the authority entrusted with the administration of the relief of the poor under a county scheme in the county or county borough to which the county scheme relates.

4.—(1) Sub-article (iv) of article 15 of every county scheme except the county schemes relating to the County and County Borough of Cork and the County Borough of Limerick shall cease to have effect.

(2) Paragraph (a) of sub-article (iv) of article 15 of the county scheme relating to the County and County Borough of Cork shall cease to have effect.

(3) Sub-article (iii) of article 15 of the county scheme relating to the County Borough of Limerick shall cease to have effect.

5. Each county scheme shall be and is hereby amended and modified in the manner and to the extent necessary to give effect to the provisions hereunder set forth and shall be read and construed accordingly :—

(a) The public assistance authority may, from time to time, make regulations authorising the admission to any particular institution provided and maintained by them under the county scheme of persons who are not eligible for relief, and regulating the manner in which and the conditions under which such persons may be so admitted and the accommodation to be provided for such persons.

(b) A person who is not eligible for relief shall not be admitted to any institution provided and maintained under the county scheme except in accordance with regulations made or deemed by this Order to be made under the provisions of this Order.

(c) Regulations made or deemed by this Order to be made under the provisions of this Order in relation to an institution shall include conditions as to the payments to be made to the public assistance authority in respect of the admission of persons to such institution under such regulations.

(d) Regulations made under the provisions of this Order in relation to an institution may include provisions as to the payments which may be or are to be made to any medical officer of the public assistance authority by persons admitted to such institution under such regulations.

(e) Regulations made under the provisions of this Order shall have no effect unless and until approved by the Minister.

(f) The Minister may by order modify, whether by addition, omission or variation, any regulations made under the provisions of this Order and thereupon such regulations shall have effect as so modified.

(g) If the public assistance authority has not made regulations under the provisions of this Order in relation to an institution and either persons who are not eligible for relief have been admitted to such institution or the Minister is of opinion that provision should be made for the admission of such persons to such institution and that the public assistance authority have unreasonably delayed to make such provision the Minister may himself make regulations under the provisions of this Order in relation to such institution, and such regulations shall have effect as if made by the public assistance authority and approved by the Minister.

(h) Any regulation made or modified under the provisions of this Order shall have effect as if included in the county scheme under which the institution to which they relate is provided and maintained.

(i) Any regulations made by the public assistance authority under any provision of a county scheme which ceases to have effect by virtue of this Order shall be deemed to be regulations made under the provisions of this Order and may be modified by the Minister accordingly.

Given under the Official Seal of the Minister for Local Government and Public Health this 2nd day of May, One Thousand Nine Hundred and Thirty-nine.

(Signed) SEÁN T. Ó CEALLAIGH,

Minister for Local Government

and Public Health.

SCHEDULE.

PART I

SCHEDULE—PART I—continued.

PART II

SCHEDULE—PART II—continued.