Cork Joint County Scheme Order, 1924.

COUNTY SCHEME ORDER, CORK NO. 1, 1924.

COUNTY SCHEME ORDER, CORK NO. 1, 1924.

MINISTRY OF LOCAL GOVERNMENT.

THE LOCAL GOVERNMENT (TEMPORARY PROVISIONS) ACT, 1923 .

To the Council of the Administrative County of Cork;

To the Council of the County Borough of Cork;

And to all whom it may concern:

WHEREAS the Council of the Administrative County of Cork, and the Council of the County Borough of Cork have, in pursuance of sub-section (2) of Section 3 of the Local Government. (Temporary Provisions) Act, 1923 (hereinafter referred to as " the Act ") prepared a joint scheme in accordance with the provisions of the Act for the relief of the poor in the said County and County Borough, and have submitted such Joint Scheme (hereinafter referred to as " the submitted Scheme ") to me, the Minister for Local Government:

AND WHEREAS I, the Minister for Local Government, in pursuance of the provisions of sub-section (2) of Section 4 of the Act did give and did cause to be duly published in accordance with the requirements of the said sub-section notice of my intention to confirm with modifications the submitted Scheme and did send a copy of the submitted Scheme with all the modifications intended to be made therein by me to the Secretary of the Council of the Administrative County of Cork, to the Town Clerk of the County Borough of Cork, and to the Clerk of every Rural or Urban District Council in the said administrative County, one month at least before the date of this Order:

AND WHEREAS I, the Minister for Local Government, am empowered under sub-section (1) of Section 4 of the Act to confirm the submitted Scheme with such modifications, omissions, and additions as I shall deem necessary ; and I deem it necessary to make such modifications and omissions and additions of, from and to the submitted Scheme as shall bring the submitted Scheme into conformity with the provisions set out in the Schedule to this Order:

NOW THEREFORE, I, the Minister for Local Government, in exercise of the powers vested in me by sub-section (1) (b) of Section 4 of the Act do, by this My Order, order and direct as follows, that is to say:—

1. The submitted Scheme shall be and the same is hereby confirmed with such modifications, omissions and additions as shall bring it into conformity with the provisions set forth in the Schedule to this Order.

2. The provisions set forth in the Schedule to this Order shall be known as the Cork Joint County Scheme.

3. This Order may be cited and referred to as the " Cork Joint County Scheme Order, 1924."

Given under My Seal of Office, this Twenty-eighth

day of April, in the Year of Our Lord,

One Thousand Nine Hundred and

Twenty-four.

(Signed), SÉAMUS DE BÚRCA,

Minister for Local Government.

SCHEDULE REFERRED TO IN THE FOREGOING ORDER.

CORK JOINT COUNTY SCHEME.

Arrangement of Articles.

Article.

1. Definitions.

PART I.

THE COUNTY BOARDS.

2. Establishment.

3. Incorporation.

4. Constitution.

5. Tenure of office of Members.

6. Meetings.

7. Annual Meeting.

8. Chairman.

9. Casual Vacancies.

10. Proceedings.

11. Appointment of Committees.

12. Transfer of Powers and Duties of abolished local Bodies.

13. Finance.

14. Accounts.

PART II.

RELIEF TO BE PROVIDED.

15. Institutions to be provided.

16. Admission to Hospitals.

17. Admission to Homes.

18. Non-Institutional Relief.

PART III.

MISCELLANEOUS.

19. Recovery of Cost of Relief.

20. Powers of Minister.

PART IV.

TRANSITORY PROVISION.

21. Powers of County Boards.

SCHEDULES.

I.

DEFINITION OF COUNTY DISTRICTS.

II.

BODIES ABOLISHED.

III.

INSTITUTIONS TO BE PROVIDED.

CORK JOINT COUNTY SCHEME.

Definitions.

1. In this Scheme, unless the context otherwise requires—

The expression " County Council " means the Council of the Administrative County of Cork.

The expression " Corporation " means the Council of the County Borough of Cork.

The expression " The County " means the Administrative County of Cork.

The expression " The County Borough " means the County Borough of Cork.

The expression " Minister " has the same meaning as in the Local Government (Temporary provisions) Act, 1923 ).

The expression " prescribed " means prescribed by the Minister.

The expression " person eligible for relief " means any poor person who is unable by his own industry or other lawful means to provide for himself or his dependants the necessaries of life, or necessary medical or surgical treatment.

PART I. THE COUNTY BOARDS.

Establishment.

2.—(i) For the purposes of this Scheme the County and County Borough shall be divided into three Districts, as defined in Schedule I. to this Scheme, to be known respectively as

(a) The North Cork County District,

(b) The South Cork County District, and

(c) The West Cork County District,

which districts are hereinafter referred to as the " County Districts," and as the " North, South and West County Districts " respectively.

(ii) In each County District there shall be established a Board to which shall be entrusted the administration of the relief of the poor in such district, and such Boards shall be known respectively as—

(a) The North Cork County Board of Health,

(b) The South Cork County Board of Public Assistance, and

(c) The West Cork County Board of Health.

Incorporation.

3. Each of the Boards established in pursuance of Article 2 (hereinafter referred to as the " County Boards " and as the " North, South and West County Boards " respectively), shall be a body corporate and shall have perpetual succession and a common seal with power to acquire and hold land for the purpose of their powers and duties.

Constitution.

4.—(i) (a) The North County Board shall consist of ten members (of whom one shall be Chairman).

(b) The South County Board shall consist of fifteen members (of whom one shall be Chairman).

(c) The West County Board shall consist of ten members (of whom one shall be Chairman).

(ii) A member of the County Council shall be qualified for election to a County Board for a County District if he has been elected to the County Council for an area within (or partly within) such County District, or is the Chairman of a Rural or Urban District Council within such County District.

(iii) The County Council shall elect from among their members qualified therefor all the members of the North and West County Boards and ten of the members of the South County Board at such meeting to be held on a date prior to the coming into operation of this Scheme as the Minister shall direct, and thereafter at the annual meeting held next after a triennial election, and the election of such persons shall be part of the first business to be transacted at such meeting or annual meeting.

(iv) The Corporation shall elect five of their members to be members of the South Cork County Board at such meeting to be held on a date prior to the coming into operation of this Scheme as the Minister shall direct, and thereafter at their quarterly meeting held next after a triennial election, and the election of such members shall be part of the first business to be transacted at such meeting or quarterly meeting.

(v) The expression " the appointing body " in relation to any member of a County Board shall hereinafter mean either the County Council or the Corporation, according as such member was appointed to the County Board by the County Council or the Corporation.

Tenure of Office of Members.

5.—(i) A member of a County Board shall hold office until the day next after the day of annual or quarterly meeting of the Appointing Body held next after a triennial election.

(ii) The quorum of a County Board shall consist of three members.

(iii) A member of a County Board who ceases to be or is disqualified for being a member of the Appointing Body shall also cease to be or be disqualified for being a member of the County Board.

(iv) Any member of the Appointing Body may at any time notify the Secretary or Clerk of the Appointing Body in writing of his intention to propose that the membership of a member of a County Board shall be terminated, and the Secretary or Clerk shall thereupon summon a special meeting of the Appointing Body for a date not later than one month from the receipt by him of such notification, and shall give to every member of the Appointing Body at least fourteen days' notice thereof, and in the event of a resolution being passed at such meeting approving of such proposal, and such resolution receiving the sanction of the Minister, the membership of such member of the County Board shall thereupon be terminated.

(v) The membership of any member of a County Board who for a consecutive period of three months has not attended a meeting of the County Board shall thereupon be terminated, and the Appointing Body at their meeting next after the expiration of such period shall appoint one of their members to fill the vacancy so created in the membership of the County Board. Provided that whenever a meeting of a County Board is abandoned owing to failure to obtain a quorum, the names of the members attending at the time and place duly appointed for such meeting shall be recorded, and such members shall be deemed to have attended a meeting of such County Board at that time and place for the purposes of this sub-article.

(vi) A member of a County Board may at any time resign his membership by writing, signed by him, and delivered to the Secretary or Clerk of the Appointing Body and to the Secretary of the County Board; provided that such resignation shall not become effective until the meeting of the Appointing Body held next after the receipt of such writing.

Meetings.

6. Each County Board shall hold one annual meeting in each year, and shall hold a meeting for the transaction of their business at least once in each month, and at such other times as may be necessary for properly exercising their powers and performing their duties.

Annual Meeting.

7. The annual meeting of each County Board shall be held in each year within one month after the anniversary of the last election of members to such County Board by the County Council or Corporation, whichever was the later.

Chairman.

8.—(i) At such annual meeting each County Board shall appoint a Chairman and may appoint a Vice-Chairman, who shall respectively hold office for the term of one year, but shall continue in office until their successors are appointed. Provided that in the case of the South County Board the Chairman and Vice-Chairman shall not both be members appointed to the County Board by the same Appointing Body.

(ii) The Chairman at a meeting of a County Board shall have a second or casting vote.

Casual Vacancies.

9. If the membership of a member of a County Board is terminated otherwise than is hereinbefore provided the casual vacancy arising thereby shall be filled by the Appointing Body within one month after its occurrence, or within such further time as the Minister may allow.

Proceedings.

10. The conduct of the business and the order of the proceedings of each County Board shall be in accordance with the prescribed regulations.

Appointment of Committees.

11.—(i) Each County Board may from time to time appoint such, and so many, Committees of either a general or a special nature, as the Board shall think fit for any purposes which in the opinion of the Board would be better regulated or managed by such Committees, and may at any time revoke in whole or in part the appointment of any such Committee or any power or authority conferred thereon.

(ii) Every Committee appointed under this Article shall consist of not less than three members, and may be composed either wholly of members of the County Board or partly of such members and partly of other persons.

(iii) The acts of every Committee appointed under this Article shall be subject to confirmation by the County Board, save that the Board may, with the sanction of the Minister, dispense with the necessity for such confirmation in respect of any specified act or class of acts to be done by any specified Committees.

(iv) The quorum, procedure, and place of meeting of any Committee appointed under this Article, and the area, if any, within which any such Committee is to exercise its functions, shall be such as may be appointed by regulations to be made by the County Board with the approval of the Minister.

(v) Save as is authorised by this Article, it shall not be lawful for a County Board to delegate any of its powers or duties to a Committee.

Transfer of Powers and Duties of Abolished Local Bodies.

12.—(i) From and after the first day of May, 1924, the Bodies whose names are set out in Column 1 of Schedule 2 to this Scheme shall be abolished under Section 7 of the Local Government (Temporary Provisions) Act, 1923 , and the powers and duties of each such body in relation to the relief of the poor in the County or County Borough as modified by the said Act and by this Scheme, shall be transferred to the County Board whose name is set out in Column 2 of the Schedule opposite the name of such body.

(ii) The provisions of any enactment in force prior to the passing of the Local Government (Temporary Provisions) Act, 1923 , and relating to the powers and duties transferred by this Article, shall be construed with such modifications as may be necessary to give effect to this Scheme.

(iii) If any doubt, dispute, or question shall arise, or in the opinion of the Minister be likely to arise, as to whether any power or duty is or is not transferred by or under this Scheme to the County Council, the Corporation or a County Board, such doubt, dispute or question shall be decided by the Minister ; and if such doubt, dispute or question relates to the construction of any statute, order, or regulation, the Minister may by order specify the modifications which are to be made therein under sub-article (ii) of this Article.

Finance.

13.—(i) The expenses of the North County Board shall be raised by the County Council equally over the whole North County District by means of the Poor Rate.

(ii) The expenses of the South County Board shall be raised by the County Council and the Corporation in proportion to the valuation of the portions of the South County District within the County and the County Borough respectively by means of the Poor Rate and the portion of such expenses raised by the County Council shall be a charge equally over the portion of the County within the County District.

(iii) The expenses of the West County Board shall be raised by the County Council equally over the whole West County District by means of the Poor Rate.

(iv) The money required to meet the expenses of each County Board shall be supplied by the County Council, and, in the case of the South County Board, by the County Council and the Corporation, to the County Board on annual estimates and demands by the County Board, and shall be estimated, demanded, and paid in the same manner as the expenses of a Board of Guardians.

Accounts.

14. The accounts of the receipts and expenditure of each County Board and its Committees and Officers shall be made up half-yearly to the 30th day of September and 31st day of March in each year, in such form as the Minister may prescribe and shall be audited by such person as the Minister may appoint for that purpose.

PART II. RELIEF TO BE PROVIDED.

Institutions to be Provided.

15.—(i) Subject to the provisions of this Scheme and to any directions of the Minister in that behalf, each County Board shall provide and maintain, for the reception and maintenance of persons in their County District eligible for relief, the Institutions set forth in Column 2 of Schedule 3 to this Scheme opposite the name of such County Board in Column 1 of the said Schedule, and, with the approval of the Minister, such other Institutions as they may deem desirable for the relief of the poor in their County District.

(ii) All or any of the Institutions set out in Schedule 3 to this Scheme may be removed from the places specified in the said Schedule to any other place within the same County District by the County Board by whom they are maintained with the consent of the Minister and the County Council, and in the case of the South County Board, the Corporation.

(iii) A County Board may provide for the reception, maintenance, education or treatment of any person in their County District eligible for relief, in any Institution not provided or maintained under this Article, but approved by the Minister. and may pay the charges incurred in the conveyance of such person to and from the same, as well as those incurred in his maintenance, education or treatment therein.

(iv) The County Board for each County District may admit to any Institution provided and maintained by them—

(a) Persons in the County or County Borough who are not eligible for relief, subject to such regulations and conditions as to payment by and accommodation for such persons, or otherwise, as may be approved by the Minister.

(b) Persons in another County District who are eligible for relief at the request of the County Board for such other County District, and subject to regulations and conditions as to payment and accommodation for such persons or otherwise as may be approved by the Minister.

(v) No person eligible for relief shall be relieved in any Institution provided and maintained under this Scheme unless he can be relieved effectively in such Institution at less cost than in any other lawful way.

(vi) A County Board shall not maintain or contribute to the support of any Institution except as provided in this Article.

Admission to Hospitals.

16. Any of the Medical Officers of a County Board shall, on receiving an Order on the prescribed form from any member of the County Board, or from any person authorised by the County Board in that behalf, examine any person eligible for relief, and, if in his opinion such person requires treatment in an hospital, sign an order on the prescribed form for the admission of such person to any Hospital under the control of the County Board, and no person eligible for relief shall be admitted to any such Hospital except on such order:

Provided that where such person is in urgent need of immediate treatment in such hospital, he may be admitted to such hospital without such order, but in such case such person shall be examined by a Medical Officer of the County Board within twenty-four hours of his admission, and shall only be retained thereafter on the order of such Medical Officer.

Admission to Homes.

17. No person shall be admitted to any Institution other than a Hospital provided by a County Board except on an order on the prescribed form signed by a member of the County Board, or by any person authorised for that purpose by the County Board.

Non-Institutional Relief.

18. All relief, including Medical or Surgical relief, granted by a County Board otherwise than in an Institution shall be administered by the County Board in accordance with the prescribed regulations in that behalf.

PART III. MISCELLANEOUS.

Recovery of Cost of Relief.

19. Nothing in this Scheme shall be construed so as to diminish the powers and duties transferred to a County Board by Article 12 with respect to the enforcement where possible of the repayment of the cost of relief and for the purposes of such enforcement such relief shall be treated as if it had been given by a Board of Guardians, by way of loan under the Provisions of Section 55 of the Poor Relief (Ireland) Act, 1838.

Powers of Minister.

20. Each County Board shall observe and carry into effect all orders and directions issued by the Minister with respect to—

(1) The control and management of Institutions.

(2) The appointment and removal of officers and their duties and qualifications.

(3) Any prescribed matter.

PART IV. TRANSITORY PROVISION.

Powers of County Boards.

21. Each County Board, elected in pursuance of this Scheme shall, as soon as may be after the confirmation of this Scheme by the Minister, make all such arrangements and do all such matters and things as shall be necessary for the purpose of bringing the provisions of this Scheme into operation, but shall not until the first day of May, 1924, exercise any functions in relation to the relief of the poor within their area.

Provided that each County Board shall:—

(a) With the approval of the Minister appoint temporarily a person to act as Secretary.

(b) Make and adopt an estimate of the sum that will be required to meet their expenditure for the year ending the 31st March, 1925, and make a Demand therefor on the County Council or on the County Council and Corporation as the case may be.

(c) Prepare and submit to the Minister a Scheme for the employment of such of the Union Officers as they may deem necessary for the purpose of the Scheme, and for the removal of such Union Officers as shall not be required.

SCHEDULE I.

SCHEDULE II.

SCHEDULE III.