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Laws of Ireland

Local Government Act 2001

Made 2001 · Text as of 2026-10-01

Public law and official guidance, published as research. Not legal, tax or financial advice.

About this law

Language
English
Kind
Act
Country
Ireland
Subjects
Water, General
Keywords
local government, governance, legal proceedings/administrative proceedings, water supply

Where to read it

Text

The law's own text, section by section, as held. Each section has its own link.

  1. 1 — Short title and collective citations

    1. Short title and collective citations.

  2. 2 — Interpretation generally

    2. Interpretation generally.

  3. 3 — Construction of enactments

    3. Construction of enactments.

  4. 4 — Regulations, orders and directions

    4. Regulations, orders and directions.

  5. 5 — Repeals, revocation and amendment of enactments

    5. Repeals, revocation and amendment of enactments.

  6. 6 — Savers

    6. Savers.

  7. 7 — Commencement

    7. Commencement.

  8. 8 — Expenses

    8. Expenses. PART 2 L OCAL G OVERNMENT A REAS AND L OCAL A UTHORITIES

  9. 9 — Establishment day

    9. Establishment day.

  10. 10 — Local government areas

    10. Local government areas.

  11. 11 — Establishment, titles and administrative areas of local authorities

    11. Establishment, titles and administrative areas of local authorities and consequential provisions. PART 3 L OCAL A UTHORITY M EMBERSHIP

  12. 12 — Eligibility for local authority membership

    12. Eligibility for local authority membership.

  13. 13 — Disqualifications from local authority membership

    13. Disqualifications from local authority membership.

  14. 13A — Application of disqualification to members of Dáil Éireann and

    13A. Application of disqualification to members of Dáil Éireann and Seanad Éireann. 1 [No. 37.] Local Government Act 2001 [2001.]

  15. 14 — Prohibition on multiple membership of local authorities

    14. Prohibition on multiple membership of local authorities.

  16. 15 — Offence to act when disqualified

    15. Offence to act when disqualified.

  17. 16 — Cesser of membership

    16. Cesser of membership.

  18. 17 — Term of office

    17. Term of office.

  19. 18 — Resignation from membership

    18. Resignation from membership.

  20. 19 — Casual vacancies

    19. Casual vacancies.

  21. 20 — Savers (Part 3)

    20. Savers (Part 3).

  22. 21 — Number of members of local authorities, etc

    21. Number of members of local authorities, etc.

  23. 22 — Alteration of number of members of local authority

    22. Alteration of number of members of local authority. PART 3A M UNICIPAL D ISTRICTS

  24. 22A — Municipal districts

    22A. Municipal districts.

  25. 22B — Members for municipal districts

    22B. Members for municipal districts.

  26. 22C — Cathaoirleach of municipal district

    22C. Cathaoirleach of municipal district. PART 4 L OCAL E LECTIONS

  27. 23 — Local electoral areas

    23. Local electoral areas.

  28. 24 — Right to vote at local elections

    24. Right to vote at local elections.

  29. 25 — Prohibition of plural voting

    25. Prohibition of plural voting.

  30. 26 — Year of elections to all local authorities

    26. Year of elections to all local authorities.

  31. 27 — Conduct of elections

    27. Conduct of elections.

  32. 28 — Temporary arrangements with respect to certain polling districts

    28. Temporary arrangements with respect to certain polling districts and register of electors.

  33. 29 — Consequential appointments to certain other bodies

    29. Consequential appointments to certain other bodies.

  34. 30 — Savers (Part 4)

    30. Savers (Part 4). PART 5 C ATHAOIRLEACH AND L EAS -C HATHAOIRLEACH C HAPTER 1 General

  35. 31 — Cathaoirleach and Leas-Chathaoirleach

    31. Cathaoirleach and Leas-Chathaoirleach.

  36. 32 — Alternative titles to Cathaoirleach and Leas-Chathaoirleach, etc

    32. Alternative titles to Cathaoirleach and Leas-Chathaoirleach, etc.

  37. 33 — Resignation of Cathaoirleach or Leas-Chathaoirleach

    33. Resignation of Cathaoirleach or Leas-Chathaoirleach.

  38. 34 — Removal of Cathaoirleach or Leas-Chathaoirleach from office

    34. Removal of Cathaoirleach or Leas-Chathaoirleach from office. C HAPTER 2 Election by Local Authority

  39. 35 — Application of Chapter 2. (repealed)

    35. Application of Chapter 2. (repealed) 2 [No. 37.] Local Government Act 2001 [2001.]

  40. 35A — Application of Chapter to municipal district members

    35A. Application of Chapter to municipal district members.

  41. 36 — Annual election of Cathaoirleach and Leas-Chathaoirleach by local

    36. Annual election of Cathaoirleach and Leas-Chathaoirleach by local authority.

  42. 37 — Method of election of Cathaoirleach by local authority

    37. Method of election of Cathaoirleach by local authority.

  43. 38 — Casual vacancy in the office of Cathaoirleach or Leas-Chathaoirleach

    38. Casual vacancy in the office of Cathaoirleach or Leas-Chathaoirleach. C HAPTER 3 Direct Election

  44. 39 — Application of Chapter 3. (repealed)

    39. Application of Chapter 3. (repealed)

  45. 40 — Direct election and tenure of Cathaoirleach of county council and

    40. Direct election and tenure of Cathaoirleach of county council and city council. (repealed)

  46. 41 — Casual vacancy in office of Cathaoirleach of county council or city

    41. Casual vacancy in office of Cathaoirleach of county council or city council. (repealed)

  47. 42 — Amendments to certain Acts, relating to direct elections,

    42. Amendments to certain Acts, relating to direct elections, etc. (repealed)

  48. 43 — Election petitions in relation to direct elections. (repealed)

    43. Election petitions in relation to direct elections. (repealed) PART 6 M EETINGS AND P ROCEEDINGS OF L OCAL A UTHORITIES

  49. 44 — Application (Part 6)

    44. Application (Part 6).

  50. 45 — Attendance of public and media at meetings

    45. Attendance of public and media at meetings.

  51. 46 — Meetings administrator

    46. Meetings administrator.

  52. 47 — Effective discharge of business

    47. Effective discharge of business. PART 7 C OMMITTEES AND J OINT C OMMITTEES

  53. 48 — Strategic policy committees

    48. Strategic policy committees.

  54. 49 — Municipal policy committees

    49. Municipal policy committees.

  55. 49A — Local Community Development Committees

    49A. Local Community Development Committees.

  56. 50 — Area committees

    50. Area committees.

  57. 51 — Committees of local authorities

    51. Committees of local authorities.

  58. 52 — Joint committees of local authorities

    52. Joint committees of local authorities.

  59. 53 — Saver for acts of committee or joint committee

    53. Saver for acts of committee or joint committee.

  60. 54 — Regulations (Part 7)

    54. Regulations (Part 7). PART 8 L OCAL A UTHORITY B OUNDARY A LTERATION

  61. 55 — Interpretation (Part 8)

    55. Interpretation (Part 8).

  62. 56 — Proposal by local authority for alteration of boundary

    56. Proposal by local authority for alteration of boundary.

  63. 57 — Application for boundary alteration

    57. Application for boundary alteration.

  64. 58 — Supplementary provision to sections 56 and 57

    58. Supplementary provision to sections 56 and 57. 3 [No. 37.] Local Government Act 2001 [2001.]

  65. 59 — Minister may request review

    59. Minister may request review.

  66. 60 — Report by Local Government Commission

    60. Report by Local Government Commission.

  67. 61 — Power to alter boundaries, etc

    61. Power to alter boundaries, etc.

  68. 62 — Provisions consequential on boundary alteration

    62. Provisions consequential on boundary alteration. PART 9 F UNCTIONS OF L OCAL A UTHORITIES C HAPTER 1 General Functions of Local Authorities

  69. 63 — Statement of local authority functions

    63. Statement of local authority functions.

  70. 64 — Representational functions of local authorities

    64. Representational functions of local authorities.

  71. 65 — Ancillary functions of local authorities

    65. Ancillary functions of local authorities.

  72. 66 — Promotion of interests of local community

    66. Promotion of interests of local community.

  73. 66A — Interpretation (sections 66A to 66H)

    66A. Interpretation (sections 66A to 66H).

  74. 66B — Local economic and community plan

    66B. Local economic and community plan.

  75. 66C — Preparation and making of local economic and community plans

    66C. Preparation and making of local economic and community plans.

  76. 66D — Publication of local economic and community plans

    66D. Publication of local economic and community plans.

  77. 66E — Implementation of the economic elements of local economic and

    66E. Implementation of the economic elements of local economic and community plans.

  78. 66F — Monitoring and review of economic elements of local economic

    66F. Monitoring and review of economic elements of local economic and community plans.

  79. 66G — Annual Report on monitoring and review of local economic and

    66G. Annual Report on monitoring and review of local economic and community plans.

  80. 66H — Regulations and general policy guidelines

    66H. Regulations and general policy guidelines.

  81. 67 — Amenity, recreation and other functions

    67. Amenity, recreation and other functions.

  82. 68 — Irish language and local authorities

    68. Irish language and local authorities.

  83. 69 — Local authorities to have regard to certain matters in performing

    69. Local authorities to have regard to certain matters in performing functions, etc.

  84. 70 — Exercise of certain functions

    70. Exercise of certain functions.

  85. 71 — Objective of unified service to the public

    71. Objective of unified service to the public.

  86. 72 — Transfer of certain functions to local authorities

    72. Transfer of certain functions to local authorities.

  87. 73 — Saver (functional area)

    73. Saver (functional area). C HAPTER 2 Ceremonial Functions

  88. 74 — Civic honours

    74. Civic honours.

  89. 75 — Twinning of local authority areas

    75. Twinning of local authority areas.

  90. 76 — Entertainment and associated expenses of local authorities

    76. Entertainment and associated expenses of local authorities. C HAPTER 3 Library and Archival Functions 4 [No. 37.] Local Government Act 2001 [2001.]

  91. 77 — Library authorities

    77. Library authorities.

  92. 78 — Functions of library authorities

    78. Functions of library authorities.

  93. 79 — An Chomhairle Leabharlanna. (repealed)

    79. An Chomhairle Leabharlanna. (repealed)

  94. 80 — Records and archives of local authorities

    80. Records and archives of local authorities. C HAPTER 4 Non-Public Roads — Local Improvement Schemes

  95. 81 — Assistance towards non-public roads

    81. Assistance towards non-public roads. C HAPTER 5 Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc.

  96. 82 — Definitions (Chapter 5)

    82. Definitions (Chapter 5).

  97. 83 — Functions under Local Government (Sanitary Services) Acts, 1878

    83. Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc.

  98. 84 — Saver (Chapter 5)

    84. Saver (Chapter 5). PART 10 A GREEMENTS AND ARRANGEMENTS CONCERNING FUNCTIONS

  99. 85 — Agreements concerning functions

    85. Agreements concerning functions.

  100. 86 — Joint discharge of functions and provision of services

    86. Joint discharge of functions and provision of services.

  101. 87 — Direction to make agreements

    87. Direction to make agreements.

  102. 88 — Savers (Part 10)

    88. Savers (Part 10). PART 11 L OCAL G OVERNMENT C OMMISSION

  103. 89 — Establishment of Local Government Commission

    89. Establishment of Local Government Commission.

  104. 90 — Functions of Commission

    90. Functions of Commission.

  105. 91 — Members of Commission

    91. Members of Commission.

  106. 92 — Eligibility and tenure of office of members, etc. (repealed)

    92. Eligibility and tenure of office of members, etc. (repealed)

  107. 93 — Meetings and procedures of Commission. (repealed)

    93. Meetings and procedures of Commission. (repealed)

  108. 94 — Services to Commission. (repealed)

    94. Services to Commission. (repealed)

  109. 95 — Submissions to Commission. (repealed)

    95. Submissions to Commission. (repealed) PART 12 F INANCIAL P ROCEDURES AND A UDIT C HAPTER 1 Financial Procedures

  110. 96 — Local financial year

    96. Local financial year.

  111. 97 — The local fund

    97. The local fund. 5 [No. 37.] Local Government Act 2001 [2001.]

  112. 98 — Banking arrangements

    98. Banking arrangements.

  113. 99 — Authorisation of payments

    99. Authorisation of payments.

  114. 100 — County council expenditure: town services. (repealed)

    100. County council expenditure: town services. (repealed)

  115. 101 — Expenses of certain town councils. (repealed)

    101. Expenses of certain town councils. (repealed)

  116. 102 — Local authority budget

    102. Local authority budget.

  117. 103 — Local authority budget meeting

    103. Local authority budget meeting.

  118. 103A — Schedule of municipal district works

    103A. Schedule of municipal district works.

  119. 104 — Limitation on additional expenditure

    104. Limitation on additional expenditure.

  120. 105 — Submission of financial statements and reports

    105. Submission of financial statements and reports.

  121. 106 — Borrowing and lending of money

    106. Borrowing and lending of money.

  122. 107 — Keeping of accounts

    107. Keeping of accounts.

  123. 108 — Consideration of annual financial statement

    108. Consideration of annual financial statement.

  124. 109 — Community fund

    109. Community fund.

  125. 110 — Community initiative scheme

    110. Community initiative scheme.

  126. 111 — Regulations (Chapter 1)

    111. Regulations (Chapter 1).

  127. 112 — Obligations in case of proposal involving illegal payment, deficiency

    112. Obligations in case of proposal involving illegal payment, deficiency or loss.

  128. 113 — Savers

    113. Savers. C HAPTER 2 Audit

  129. 114 — Interpretation (Chapter 2)

    114. Interpretation (Chapter 2).

  130. 115 — Application (Chapter 2)

    115. Application (Chapter 2).

  131. 116 — Local Government Audit Service

    116. Local Government Audit Service.

  132. 117 — Code of audit practice

    117. Code of audit practice.

  133. 118 — Audit procedure

    118. Audit procedure.

  134. 119 — Right of auditor to inspect documents, obtain information, etc

    119. Right of auditor to inspect documents, obtain information, etc.

  135. 120 — Audit opinion and report

    120. Audit opinion and report.

  136. 121 — Consideration of annual financial statement and auditor’s report

    121. Consideration of annual financial statement and auditor’s report.

  137. 122 — Audit committee

    122. Audit committee.

  138. 123 — Extraordinary audit

    123. Extraordinary audit.

  139. 124 — Re-assignment of audit

    124. Re-assignment of audit.

  140. 125 — Audit fees

    125. Audit fees.

  141. 126 — Certification of claims, returns, etc

    126. Certification of claims, returns, etc. PART 12A N ATIONAL O VERSIGHT AND A UDIT C OMMISSION

  142. 126A — Interpretation (Part 12A)

    126A. Interpretation (Part 12A).

  143. 126B — Establishment of Commission

    126B. Establishment of Commission.

  144. 126C — Functions of Commission

    126C. Functions of Commission.

  145. 126D — Reports to Minister or appropriate Minister

    126D. Reports to Minister or appropriate Minister. 6 [No. 37.] Local Government Act 2001 [2001.]

  146. 126E — Requests for information, etc., made to local government body,

    126E. Requests for information, etc., made to local government body, etc.

  147. 126F — Requests for information, etc., made to certain public authorities

    126F. Requests for information, etc., made to certain public authorities.

  148. 126G — Submissions to Commission

    126G. Submissions to Commission.

  149. 126H — Members of Commission

    126H. Members of Commission.

  150. 126I — Eligibility and tenure of office of members, etc

    126I. Eligibility and tenure of office of members, etc.

  151. 126J — Meetings and procedures of Commission

    126J. Meetings and procedures of Commission.

  152. 126K — Governance of Commission

    126K. Governance of Commission.

  153. 126L — Regulations and determinations (Part 12A)

    126L. Regulations and determinations (Part 12A). PART 13 C HAPTER 1 L OCAL A UTHORITIES AND THE L OCAL C OMMUNITY

  154. 127 — Consultation with local community

    127. Consultation with local community.

  155. 128 — Recognised associations

    128. Recognised associations. C HAPTER 2 L OCAL C OMMUNITY D EVELOPMENT C OMMITTEES

  156. 128A — Interpretation (Chapter 2)

    128A. Interpretation (Chapter 2).

  157. 128B — Functions of Local Community Development Committees

    128B. Functions of Local Community Development Committees.

  158. 128C — Membership of Local Community Development Committees

    128C. Membership of Local Community Development Committees.

  159. 128D — Staffing of Local Community Development Committee

    128D. Staffing of Local Community Development Committee.

  160. 128E — Regulations and general policy guidelines

    128E. Regulations and general policy guidelines.

  161. 128F — Co-operation with Local Community Development Committees

    128F. Co-operation with Local Community Development Committees.

  162. 129 — County or City Development Boards. (repealed)

    129. County or City Development Boards. (repealed) PART 13A B USINESS I MPROVEMENT D ISTRICTS

  163. 129A — Definitions (Part 13)

    129A. Definitions (Part 13).

  164. 129B — Rating authority approval of a business improvement district

    129B. Rating authority approval of a business improvement district scheme.

  165. 129C — BID proposal

    129C. BID proposal.

  166. 129D — BID proposal to be available to public

    129D. BID proposal to be available to public.

  167. 129E — Public input to BID proposal

    129E. Public input to BID proposal.

  168. 129F — Next steps after public input

    129F. Next steps after public input.

  169. 129G — BID proposal goes to ratepayer plebiscite

    129G. BID proposal goes to ratepayer plebiscite.

  170. 129H — Costs of ratepayer plebiscite

    129H. Costs of ratepayer plebiscite.

  171. 129I — BID company requirements

    129I. BID company requirements.

  172. 129J — BID company to meet and adopt first budget following approval of

    129J. BID company to meet and adopt first budget following approval of BID scheme. 7 [No. 37.] Local Government Act 2001 [2001.]

  173. 129K — Separate BID fund to be established following approval of BID

    129K. Separate BID fund to be established following approval of BID scheme.

  174. 129L — Annual budget for BID scheme

    129L. Annual budget for BID scheme.

  175. 129M — Annual BID multiplier

    129M. Annual BID multiplier.

  176. 129N — Annual BID contribution levy

    129N. Annual BID contribution levy.

  177. 129O — Recalculation of levy in event of total destruction or demolition of

    129O. Recalculation of levy in event of total destruction or demolition of property.

  178. 129P — Recalculation of levy if valuation amended during chargeable period

    129P. Recalculation of levy if valuation amended during chargeable period.

  179. 129Q — Care and management of BID contribution levies

    129Q. Care and management of BID contribution levies.

  180. 129R — Keeping of accounts and financial statements

    129R. Keeping of accounts and financial statements.

  181. 129S — Early termination of BID schemes

    129S. Early termination of BID schemes.

  182. 129T — Final accounting of BID fund on termination of BID scheme

    129T. Final accounting of BID fund on termination of BID scheme. PART 14 T HE L OCAL G OVERNMENT S ERVICE C HAPTER 1 The Elected Council

  183. 130 — Policy role of elected council

    130. Policy role of elected council.

  184. 131 — Reserved functions

    131. Reserved functions.

  185. 131A — Performance of reserved functions in respect of municipal district

    131A. Performance of reserved functions in respect of municipal district members.

  186. 131B — Supplemental provisions to section 131 and 131A

    131B. Supplemental provisions to section 131 and 131A.

  187. 132 — Reserved functions: duty of chief executive

    132. Reserved functions: duty of chief executive.

  188. 133 — Corporate policy group

    133. Corporate policy group.

  189. 134 — Corporate plan

    134. Corporate plan.

  190. 134A — Local authority service delivery plans

    134A. Local authority service delivery plans.

  191. 135 — Report on capital programme

    135. Report on capital programme.

  192. 136 — Furnishing of information to elected council

    136. Furnishing of information to elected council.

  193. 137 — Plans, specifications to be prepared for elected council

    137. Plans, specifications to be prepared for elected council.

  194. 138 — Prior information to elected council

    138. Prior information to elected council.

  195. 139 — Direction that works not proceed

    139. Direction that works not proceed.

  196. 140 — Requirement that a particular thing be done

    140. Requirement that a particular thing be done.

  197. 141 — Duty of members appointed to other bodies

    141. Duty of members appointed to other bodies.

  198. 142 — Members’ expenses, remuneration, etc

    142. Members’ expenses, remuneration, etc.

  199. 143 — Allowance for Cathaoirleach and Leas-Chathaoirleach

    143. Allowance for Cathaoirleach and Leas-Chathaoirleach. C HAPTER 2 Position of Chief Executive

  200. 144 — Position of chief executive

    144. Position of chief executive.

  201. 145 — Appointment of chief executive

    145. Appointment of chief executive.

  202. 146 — Suspension and removal of chief executive

    146. Suspension and removal of chief executive.

  203. 147 — Tenure of chief executive

    147. Tenure of chief executive. 8 [No. 37.] Local Government Act 2001 [2001.]

  204. 148 — Deputy chief executive

    148. Deputy chief executive.

  205. 149 — Executive functions

    149. Executive functions.

  206. 149A — Executive functions and shared services

    149A. Executive functions and shared services. C HAPTER 3 Procedural Matters

  207. 150 — Definitions

    150. Definitions.

  208. 151 — Manager acting by signed order

    151. Manager acting by signed order.

  209. 152 — Attendance of manager at local authority meetings

    152. Attendance of manager at local authority meetings.

  210. 153 — Legal proceedings

    153. Legal proceedings.

  211. 154 — Delegation of functions

    154. Delegation of functions. C HAPTER 4 Local Authority Personnel

  212. 155 — Definitions (Chapter 4)

    155. Definitions (Chapter 4).

  213. 156 — Appropriate Minister

    156. Appropriate Minister.

  214. 157 — Application (Chapter 4)

    157. Application (Chapter 4).

  215. 158 — Provisions relating to the employment of persons by local authori

    158. Provisions relating to the employment of persons by local authori- ties.

  216. 159 — Staffing and organisational arrangements

    159. Staffing and organisational arrangements.

  217. 160 — Qualifications for employment

    160. Qualifications for employment.

  218. 161 — Restrictions on local authority employment and membership of a

    161. Restrictions on local authority employment and membership of a local authority.

  219. 162 — Modification of restriction on being employed under certain related

    162. Modification of restriction on being employed under certain related bodies.

  220. 163 — Amendment of Local Authorities (Officers and Employees) Act, 1926

    163. Amendment of Local Authorities (Officers and Employees) Act, 1926.

  221. 164 — Amendment of Unfair Dismissals Act, 1977

    164. Amendment of Unfair Dismissals Act, 1977.

  222. 165 — Savers (Chapter 4)

    165. Savers (Chapter 4). PART 15 E THICAL F RAMEWORK FOR THE L OCAL G OVERNMENT S ERVICE

  223. 166 — Interpretation (Part 15)

    166. Interpretation (Part 15).

  224. 167 — Application (Part 15)

    167. Application (Part 15).

  225. 168 — Standards of integrity

    168. Standards of integrity.

  226. 169 — Codes of conduct for Local Government Service

    169. Codes of conduct for Local Government Service.

  227. 170 — Prohibition of favours, rewards, etc

    170. Prohibition of favours, rewards, etc.

  228. 171 — Annual declaration

    171. Annual declaration.

  229. 172 — Public register of interests

    172. Public register of interests.

  230. 173 — Ethics registrar

    173. Ethics registrar.

  231. 174 — Duty of ethics registrar, etc

    174. Duty of ethics registrar, etc.

  232. 175 — Declarable interests

    175. Declarable interests.

  233. 176 — Beneficial interests

    176. Beneficial interests. 9 [No. 37.] Local Government Act 2001 [2001.]

  234. 177 — Disclosure by member of local authority of pecuniary or other

    177. Disclosure by member of local authority of pecuniary or other beneficial interests.

  235. 178 — Disclosure by manager for local authority of pecuniary or other

    178. Disclosure by manager for local authority of pecuniary or other beneficial interests.

  236. 179 — Disclosure by employee, etc. of local authority of pecuniary or other

    179. Disclosure by employee, etc. of local authority of pecuniary or other beneficial interests.

  237. 180 — Application of Ethics in Public Office Act, 1995, etc

    180. Application of Ethics in Public Office Act, 1995, etc.

  238. 181 — Offences (Part 15)

    181. Offences (Part 15).

  239. 182 — Consequences of failure to comply with sections 171, 177, 178 and

    182. Consequences of failure to comply with sections 171, 177, 178 and 179. PART 16 L AND

  240. 183 — Land disposals, notification of members

    183. Land disposals, notification of members.

  241. 184 — Exercise of certain land functions

    184. Exercise of certain land functions. PART 17 E STABLISHMENT OF N EW T OWN C OUNCILS , ETC .

  242. 185 — Establishment of town council

    185. Establishment of town council.

  243. 186 — First election to town council

    186. First election to town council.

  244. 187 — Dissolution of town council

    187. Dissolution of town council. PART 18 C HANGING OF N AMES OF A REAS AND D ISPLAY OF N AMES OF S TREETS , ETC .

  245. 188 — Interpretation

    188. Interpretation.

  246. 189 — Changing of placename

    189. Changing of placename.

  247. 190 — Change of placename of place situated in more than one local

    190. Change of placename of place situated in more than one local authority area.

  248. 191 — Daingean Uí Chúis

    191. Daingean Uí Chúis.

  249. 192 — General provisions relating to change of names

    192. General provisions relating to change of names.

  250. 193 — Display of name of street or place

    193. Display of name of street or place.

  251. 194 — Construction of references

    194. Construction of references.

  252. 195 — Changing of name of locality situated in more than one local

    195. Changing of name of locality situated in more than one local authority area. (Repealed)

  253. 196 — General provisions relating to change of names. (Repealed)

    196. General provisions relating to change of names. (Repealed)

  254. 197 — Display of name of street, etc. (Repealed)

    197. Display of name of street, etc. (Repealed) PART 19 B YE -L AWS

  255. 198 — Interpretation (Part 19)

    198. Interpretation (Part 19).

  256. 199 — Power to make bye-law

    199. Power to make bye-law. 10 [No. 37.] Local Government Act 2001 [2001.]

  257. 200 — Procedure for making bye-law

    200. Procedure for making bye-law.

  258. 201 — Certain bye-laws to be submitted to appropriate Minister

    201. Certain bye-laws to be submitted to appropriate Minister.

  259. 202 — Publication of bye-law

    202. Publication of bye-law.

  260. 203 — Proof of bye-law

    203. Proof of bye-law.

  261. 204 — Obstruction, etc. of authorised person

    204. Obstruction, etc. of authorised person.

  262. 205 — Bye-law offences and penalties

    205. Bye-law offences and penalties.

  263. 206 — Fixed payment notices

    206. Fixed payment notices.

  264. 207 — Prosecution of offences (Part 19)

    207. Prosecution of offences (Part 19).

  265. 208 — Payments of fines and fixed payments

    208. Payments of fines and fixed payments.

  266. 209 — Continuation in force of existing bye-laws, etc

    209. Continuation in force of existing bye-laws, etc.

  267. 210 — Power to apply (Part 19)

    210. Power to apply (Part 19).

  268. 211 — Amendment of Control of Dogs Act, 1986

    211. Amendment of Control of Dogs Act, 1986. PART 19A E NTRY Y EAR P ROPERTY L EVY

  269. 211A — Definitions

    211A. Definitions.

  270. 211B — Entry year property levy

    211B. Entry year property levy.

  271. 211C — Recalculation of levy in event of total destruction or demolition of

    211C. Recalculation of levy in event of total destruction or demolition of property.

  272. 211D — Recalculation of entry year levy if rateable valuation amended

    211D. Recalculation of entry year levy if rateable valuation amended.

  273. 211E — Post-entry year property levy in specified circumstances

    211E. Post-entry year property levy in specified circumstances.

  274. 211F — Recalculation of post-entry year levy if rateable valuation amended

    211F. Recalculation of post-entry year levy if rateable valuation amended. PART 20 P UBLIC L OCAL I NQUIRIES

  275. 212 — Power to hold public local inquiries

    212. Power to hold public local inquiries.

  276. 213 — Power of inspector conducting a public local inquiry

    213. Power of inspector conducting a public local inquiry.

  277. 214 — Power to direct payment of certain costs in relation to a public local

    214. Power to direct payment of certain costs in relation to a public local inquiry, etc. PART 21 C ONSEQUENTIAL P ROVISIONS ON F AILURE TO P ERFORM F UNCTIONS

  278. 215 — Definitions (Part 21)

    215. Definitions (Part 21).

  279. 216 — Failure to perform functions, etc

    216. Failure to perform functions, etc.

  280. 217 — Holding of new election after removal of members

    217. Holding of new election after removal of members.

  281. 218 — Appointment of commissioners, etc

    218. Appointment of commissioners, etc.

  282. 219 — Exercise of functions by commissioners

    219. Exercise of functions by commissioners.

  283. 220 — Linked bodies

    220. Linked bodies. PART 22 M ISCELLANEOUS 11 [No. 37.] Local Government Act 2001 [2001.]

  284. 221 — Annual report

    221. Annual report.

  285. 222 — Returns, information to Minister

    222. Returns, information to Minister.

  286. 223 — Electoral divisions

    223. Electoral divisions.

  287. 224 — Report by authorised person

    224. Report by authorised person.

  288. 225 — Local authority associations

    225. Local authority associations.

  289. 226 — Local Authority Members’ Association

    226. Local Authority Members’ Association.

  290. 227 — Reclaimed land and structures to form part of local authority area

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

  291. 228 — Acceptance of gifts by a local authority

    228. Acceptance of gifts by a local authority.

  292. 229 — Power of local authorities to enter into contracts, etc

    229. Power of local authorities to enter into contracts, etc.

  293. 230 — Joint burial boards

    230. Joint burial boards.

  294. 231 — Joint drainage committees

    231. Joint drainage committees.

  295. 232 — Regulations to remove difficulties

    232. Regulations to remove difficulties.

  296. 233 — Reduction of grants etc. in certain circumstances

    233. Reduction of grants etc. in certain circumstances.

  297. 234 — Offence by body corporate

    234. Offence by body corporate.

  298. 235 — Commencement of summary proceedings

    235. Commencement of summary proceedings.

  299. 236 — Discharge of certain functions by Minister

    236. Discharge of certain functions by Minister.

  300. 237 — Regional authorities, functions

    237. Regional authorities, functions.

  301. 237A — Regulations relating to members of House of Oireachtas

    237A. Regulations relating to members of House of Oireachtas. PART 23 T RANSFER OF T EMPLE B AR P ROPERTIES L IMITED TO D UBLIN C ITY C OUNCIL

  302. 238 — Definition (Part 23)

    238. Definition (Part 23).

  303. 239 — Transfer of Temple Bar Properties Limited to Dublin City Council

    239. Transfer of Temple Bar Properties Limited to Dublin City Council.

  304. 240 — Shareholder in Temple Bar Properties Limited

    240. Shareholder in Temple Bar Properties Limited.

  305. 241 — Transitional (Part 23)

    241. Transitional (Part 23).

  306. 242 — Repeals (Part 23)

    242. Repeals (Part 23). PART 24 M ISCELLANEOUS A MENDMENTS

  307. 243 — Amendment of Electoral Act, 1992

    243. Amendment of Electoral Act, 1992.

  308. 244 — Amendment of Housing (Traveller Accommodation) Act, 1998

    244. Amendment of Housing (Traveller Accommodation) Act, 1998.

  309. 245 — Amendment of Roads Act, 1993

    245. Amendment of Roads Act, 1993.

  310. 246 — Amendment of Abattoirs Act, 1988

    246. Amendment of Abattoirs Act, 1988.

  311. 247 — Additional amendments to Planning and Development Act, 2000

    247. Additional amendments to Planning and Development Act, 2000. SCHEDULE 1 A CTS INCLUDED IN COLLECTIVE CITATION — L OCAL G OVERNMENT A CTS , 1925 TO 2001 SCHEDULE 2 C ONSTRUCTION OF C ERTAIN T ERMS IN O THER E NACTMENTS 12 [No. 37.] Local Government Act 2001 [2001.] SCHEDULE 3 E NACTMENTS R EPEALED AND R EVOKED SCHEDULE 4 M INOR AND CONSEQUENTIAL A MENDMENTS TO A CTS

  312. SCHEDULE 5

    SCHEDULE 5 L OCAL G OVERNMENT A REAS SCHEDULE 6 L OCAL G OVERNMENT A REAS (T OWNS )

  313. SCHEDULE 7

    SCHEDULE 7 N UMBER OF M EMBERS OF L OCAL A UTHORITIES

  314. SCHEDULE 8

    SCHEDULE 8 A LTERNATIVE T ITLES TO C ATHAOIRLEACH AND L EAS -C HATHAOIRLEACH , ETC . SCHEDULE 9 M INOR AND C ONSEQUENTIAL A MENDMENTS RELATING TO D IRECT E LECTIONS , ETC . (repealed) SCHEDULE 10 M EETINGS AND P ROCEEDINGS OF L OCAL A UTHORITIES 1. Local authority meetings. 2. Place, date and time of meetings. 3. Day of annual meeting. 4. Business and public notice of annual meeting. 5. Local authority budget meeting. 6. Special meetings. 7. Notification of meeting and agenda. 8. Public notice of meetings. 9. Business of meeting. 10. Chairing of meetings. 11. Quorum. 12. Doing of acts and determination of questions. 13. Disorderly conduct. 14. Minutes. 15. Record of attendance at meetings and address for correspondence. 16. Standing orders. 17. Committees. 18. Right to form groups for certain appointments. 19. Equity in appointments, etc. 13 [No. 37.] Local Government Act 2001 [2001.] SCHEDULE 11 L OCAL A UTHORITY B OUNDARY A LTERATION

  315. SCHEDULE 12

    SCHEDULE 12 A CTS OF THE O IREACHTAS : F UNCTIONS OF L OCAL A UTHORITIES SCHEDULE 13 A MENITIES , R ECREATION AND O THER F UNCTIONS SCHEDULE 14 C ERTAIN R ESERVED F UNCTIONS SCHEDULE 14A R ESERVED F UNCTIONS SCHEDULE 15 F UNCTIONS TO BE DONE BY M ANAGER ’ S O RDER

  316. SCHEDULE 16

    SCHEDULE 16 R ELEVANT B ODIES TO WHICH S ECTION 128F(1)( D ) R ELATES ACTS REFERRED TO Abattoirs Act, 1988 1988, No. 8 Air Pollution Act, 1987 1987, No. 6 Air-raid Precautions Acts, 1939 and 1946 Arterial Drainage Acts, 1945 and 1995 Arts Acts, 1951 and 1973 Building Control Act, 1990 1990, No. 3 Canals Act, 1986 1986, No. 3 Casual Trading Act, 1995 1995, No. 19 City and County Management (Amendment) Act, 1955 1955, No. 12 Civil Service Regulation Act, 1956 1956, No. 46 Coast Protection Act, 1963 1963, No. 12 Commissioners Clauses Act, 1847 10 & 11 Vict. c. 16 Companies Act, 1963 1963, No. 33 Companies Acts, 1963 to 1999 Control of Dogs Act, 1986 1986, No. 32 Control of Dogs Acts, 1986 and 1992 Control of Dogs (Amendment) Act, 1992 1992, No. 13 Control of Horses Act, 1996 1996, No. 37 Cork City Management Act, 1929 1929, No. 1 Cork City Management (Amendment) Act, 1941 1941, No. 5 Cork City Management (Amendment) Act, 1965 1965, No. 8 Coroners Act, 1962 1962, No. 9 14 [No. 37.] Local Government Act 2001 [2001.] Counties and Boroughs (Ireland) Act, 1840 3 & 4 Vict. c. 109 County Dublin Grand Jury Act, 1844 7 & 8 Vict. c. 106 County Management Act, 1940 1940, No. 12 County Management (Amendment) Act, 1942 1942, No. 13 County Management (Amendment) Act, 1972 1972, No. 32 County Treasurers (Ireland) Act, 1867 30 & 31 Vict. c. 46 Courthouses (Provision and Maintenance) Act, 1935 1935, No. 18 Courts (Establishment and Constitution) Act, 1961 1961, No. 38 Dangerous Substances Acts, 1972 and 1979 Derelict Sites Act, 1990 1990, No. 14 Development and Road Improvement Funds Act, 1909 9 Edw. 7. c. 47 Dublin Docklands Development Authority Act, 1997 1997, No. 7 Dublin Transport Authority (Dissolution) Act, 1987 1987, No. 34 Ethics in Public Office Act, 1995 1995, No. 22 Electoral Act, 1963 1963, No. 19 Electoral Act, 1992 1992, No. 23 Electoral Act, 1997 1997, No. 25 Electoral Act, 1992 to 1999 Electoral (Amendment) Act, 1998 1998, No. 4 Environmental Protection Agency Act, 1992 1992, No. 7 European Parliament Elections Act, 1997 1997, No. 2 Finance (Excise Duties) (Vehicles) Act, 1952 1952, No. 24 Fire Services Act, 1981 1981, No. 30 Food Safety Authority of Ireland Act, 1998 1998, No. 29 Foreshore Acts, 1933 to 1998 Gaming and Lotteries Act, 1956 1956, No. 2 Grand Jury (Ireland) Act, 1836 6 & 7 Will. 4 c. 116 Grand Jury (Ireland) Act, 1853 16 & 17 Vict. c. 136 Harbours Act, 1946 1946, No. 9 Harbours Act, 1996 1996, No. 11 Harbours Acts, 1946 to 1976 Health Act, 1970 1970, No. 1 Health Acts, 1947 to 2001 Health (Eastern Regional Health Authority) Act, 1999 1999, No. 13 Health (Fluoridation of Water Supplies) Act, 1960 1960, No. 46 Holidays (Employees) Act, 1973 1973, No. 25 Housing Act, 1966 1966, No. 21 Housing Act, 1988 1988, No. 28 Housing Acts, 1966 to 1998 Housing (Miscellaneous Provisions) Act, 1992 1992, No. 18 Housing (Private Rented Dwellings) Acts, 1982 and 1983 Housing (Traveller Accommodation) Act, 1998 1998, No. 33 Industrial Development Act, 1986 1986, No. 9 Industrial Development Act, 1995 1995, No. 28 15 [No. 37.] Local Government Act 2001 [2001.] Interpretation Act, 1937 1937, No. 38 Limerick City Management Act, 1934 1934, No. 35 Limerick City Management Act, 1950 1950, No. 24 Litter Pollution Act, 1997 1997, No. 12 Local Authorities (Acceptance of Gifts) Act, 1945 1945, No. 30 Local Authorities (Cost of Living) Act, 1940 1940, No. 22 Local Authorities (Cost of Living) (Amendment) Act, 1945 1945, No. 13 Local Authorities (Electrical Employees) Act, 1937 1937, No. 13 Local Authorities (Higher Education Grants) Acts, 1968 to 1992 Local Authorities (Miscellaneous Provisions) Act, 1936 1936, No. 55 Local Authorities (Mutual Assurance) Acts, 1926 to 1935 Local Authorities (Officers and Employees) Act, 1926 1926, No. 39 Local Authorities (Officers and Employees) Acts, 1926 to 1983 Local Authorities (Traffic Wardens) Acts, 1975 and 1987 Local Authorities (Works) Act, 1949 1949, No. 17 Local Elections Acts, 1974 to 1999 Local Elections (Disclosure of Donations and Expendi- 1999, No. 7 ture) Act, 1999 Local Elections (Petitions and Disqualifications) Act, 1974, No. 8 1974 Local Government Act, 1925 1925, No. 5 Local Government Act, 1927 1927, No. 3 Local Government Act, 1941 1941, No. 23 Local Government Act, 1946 1946, No. 24 Local Government Act, 1955 1955, No. 9 Local Government Act, 1958 1958, No. 9 Local Government Act, 1959 1959, No. 10 Local Government (No. 2) Act, 1960 1960, No. 40 Local Government Act, 1991 1991, No. 11 Local Government Act, 1994 1994, No. 8 Local Government Act, 1998 1998, No. 16 Local Government Act, 2000 2000, No. 25 Local Government (Amendment) (No. 2) Act, 1934 1934, No. 44 Local Government Board (Ireland) Act, 1872 35 & 36 Vict. c. 69 Local Government (Buncrana) Act, 1968 1968, No. 2 Local Government (Collection of Rates) Act, 1924 1924, No. 11 Local Government (Dublin) Act, 1930 1930, No. 27 Local Government (Dublin) Act, 1945 1945, No. 8 Local Government (Dublin) Act, 1993 1993, No. 31 Local Government (Financial Provisions) Act, 1978 1978, No. 35 Local Government (Financial Provisions) Act, 1983 1983, No. 10 Local Government (Financial Provisions) (No. 2) Act, 1983, No. 21 1983 16 [No. 37.] Local Government Act 2001 [2001.] Local Government (Financial Provisions) Act, 1997 1997, No. 29 Local Government (Financial Provisions) Act, 2000 2000, No. 6 Local Government (Galway) Act, 1937 1937, No. 3 (Private) Local Government (Ireland) Act, 1871 34 & 35 Vict. c. 109 Local Government (Ireland) Act, 1898 61 & 62 Vict. c. 37 Local Government (Ireland) Act, 1900 63 & 64 Vict. c. 63 Local Government (Ireland) Act, 1902 2 Edw. 7. c. 38 Local Government (Multi-Storey Buildings) Act, 1988 1988, No. 29 Local Government (Nomination of Presidential Candi- 1937, No. 36 dates) Act, 1937 Local Government (Planning and Development) Acts, 1963 to 1999 Local Government (Rateability of Rents) (Abolition) Act, 1971, No. 15 1971 Local Government (Rates) Act, 1970 1970, No. 2 Local Government (Reorganisation) Act, 1985 1985, No. 7 Local Government (Roads and Drainage) Act, 1968 1968, No. 6 Local Government (Sanitary Services) Act, 1948 1948, No. 3 Local Government (Sanitary Services) Act, 1964 1964, No. 29 Local Government (Sanitary Services) Acts, 1878 to 1995 Local Government (Sanitary Services) (Joint Burial 1952, No. 22 Boards) Act, 1952 Local Government (Superannuation) Act, 1980 1980, No. 8 Local Government (Temporary Provisions) (Amendment) 1924, No. 13 Act, 1924 Local Government (Water Pollution) Acts, 1977 and 1990 Local Government Services (Corporate Bodies) Act, 1971 1971, No. 6 Local Officers and Servants (Dublin) Act, 1941 1941, No. 15 Malicious Injuries Acts, 1981 and 1986 Minister for Arts, Heritage, Gaeltacht and the Islands 1998, No. 7 (Powers and Functions) Act, 1998 Municipal Corporations Act, 1882 45 & 46 Vict. c. 50 Municipal Corporations (Ireland) Act, 1840 3 & 4 Vict. c. 108 Municipal Corporations (Ireland) Act, 1843 6 & 7 Vict. c. 93 Municipal Corporations Mortgages etc. Act, 1860 23 & 24 Vict. c. 16 Municipal Elections (Corrupt and Illegal Practices) Act, 47 & 48 Vict. c. 70 1884 National Archives Act, 1986 1986, No. 11 National Monuments Acts, 1930 to 1994 Organisation of Working Time Act, 1997 1997, No. 20 Petty Sessions (Ireland) Act, 1851 14 & 15 Vict. c. 93 Planning and Development Act, 2000 2000, No. 30 Pounds (Provision and Maintenance) Act, 1935 1935, No. 17 Presidential Elections Act, 1993 1993, No. 28 Prevention of Corruptions Acts, 1889 to 1995 Public Health Acts Amendment Act, 1890 53 & 54 Vict. c. 59 17 [No. 37.] Local Government Act 2001 [2001.] Public Health Acts Amendment Act, 1907 7 Edw. 7. c. 53 Public Health (Ireland) Act, 1878 41 & 42 Vict. c. 52 Public Health (Ireland) Act, 1896 59 & 60 Vict. c. 54 Public Libraries Act, 1947 1947, No. 40 Regional Technical Colleges (Amendment) Act, 1999 1999, No. 20 Road Fund (Grants) (Temporary Provisions) Act, 1962 1962, No. 3 Roads Act, 1993 1993, No. 14 Roads Acts, 1993 and 1998 Road Traffic Acts, 1961 to 1995 Safety, Health and Welfare at Work Act, 1989 1989, No. 7 School Attendance Act, 1926 1926, No. 17 School Attendance Acts, 1926 to 1967 Seanad Electoral (Panel Members) Acts, 1947 and 1954 Social Welfare (Consolidation) Act, 1981 1981, No. 1 Survey (Ireland) Acts, 1825 to 1870 Temple Bar Area Renewal and Development Act, 1991 1991, No. 19 Town Renewal Act, 2000 2000, No. 18 Towns Improvement Clauses Act, 1847 10 & 11 Vict. c. 34 Towns Improvement (Ireland) Act, 1854 17 & 18 Vict. c. 103 Údarás na Gaeltachta Acts, 1979 to 1999 Unemployment (Relief Works) Act, 1940 1940, No. 34 Unfair Dismissals Act, 1977 1977, No. 10 Universities Act, 1997 1997, No. 24 Urban Renewal Act, 1986 1986, No. 19 Urban Renewal Act, 1998 1998, No. 27 Vocational Education Act, 1930 1930, No. 29 Vocational Education Acts, 1930 to 1999 Waste Management Act, 1996 1996, No. 10 Water Supplies Act, 1942 1942, No. 1 Waterford City Management Act, 1939 1939, No. 25 18 Number 37 of 2001 LOCAL GOVERNMENT ACT 2001 REVISED Updated to 16 April 2019 AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO LOCAL GOVERNMENT AND, IN PARTICULAR, TO CONSOLIDATE WITH AMENDMENTS CERTAIN ENACTMENTS RELATING GENERALLY TO LOCAL AUTHORITIES. [21st July, 2001] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Annotations Modifications (not altering text): C1 Functions transferred and references construed (27.07.2017) by Community Development (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 357 of 2017), arts. 2, 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. 2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Rural and Commu- nity Development. (2) References to the Department of Housing, Planning, Community and Local Government contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Rural and Community Development. 3. (1) The functions vested in the Minister for Housing, Planning, Community and Local Govern- ment— (a) by or under— (i) the Acts specified in Part 1 of the Schedule, (ii) the instruments specified in Part 2 of the Schedule, and (b) in relation to— (i) any programmes, schemes and funds arising from the performance of the functions transferred by this Order, including the programmes, schemes and funds specified in Part 3 of the Schedule, (ii) Pobal, and (iii) Irish Water Safety 19 [No. 37.] Local Government Act 2001 [2001.] are transferred to the Minister for Rural and Community Development. (2) References to the Minister for Housing, Planning, Community and Local Government contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Rural and Community Development. ... SCHEDULE PART 1 ... Sections 49A and 128A to 128F (inserted by section 36 of the Local Government Reform Act 2014), and section 4 in so far as it relates to regulations made under section 128E or to regulations made for the purposes of enabling section 128E to have full effect, of the Local Government Act 2001 Sections 66A to 66H (inserted by section 44 of the Local Government Reform Act 2014 (No. 1 of 2014)) of the Local Government Act 2001 (No. 37 of 2001) Sections 77 (amended by section 5 of, and Part 1 of Schedule 1 to, the Local Government Reform Act 2014), 78 and 80 of the Local Government Act 2001 Section 127 (inserted by section 46 of the Local Government Reform Act 2014 ) of the Local Government Act 2001 ... C2 Application of collectively cited Planning and Development Acts 2000 to 2016 restricted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 4(1), S.I. No. 270 of 2017. Strategic housing developments and planning applications 4. (1) Subject to subsection (4), during the specified period and notwithstanding anything to the contrary contained in any other provision of the Planning and Development Acts 2000 to 2016— (a) an application for permission for a strategic housing development shall— (i) be made to the Board under this section and not to a planning authority, other than an application for permission, the purpose of which is as set out in section 34(3A) of the Act of 2000, (ii) be so made only where section 6(7)(b) applies or, in the case that a request is made under section 7(1), when the Board has complied with the request pursuant to section 7(2), (iii) be so made only where the applicant for permission has fulfilled the requirements set out in section 8, (iv) be in such form and contain such information as is prescribed, and (v) be accompanied by the appropriate fee, and (b) a copy of the application, shall be sent by the applicant to the planning authority or authorities in whose area or areas the proposed strategic housing development would be situated. ... C3 Alternate commencement date for certain amendments by Local Government Reform Act 2014 (1/2014) prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28, commenced on enactment as per subs. (5). Elections to local authorities in 2014 28. (1) For the purpose of holding in 2014 elections of members of local authorities— 20 [No. 37.] Local Government Act 2001 [2001.] (a) the local government areas provided for by section 10 of, and Schedule 5 to, the Principal Act shall have effect as amended by section 12, (b) the amendments by section 14 to section 11 of the Principal Act shall have effect, (c) the numbers of members of local authorities provided for in section 21 of, and Schedule 7 to, the Principal Act shall have effect as amended by section 15, (d) the amendments by section 20(1) to section 23 of the Principal Act shall have effect, (e) such other amendments by this Act to the Principal Act as are necessary to enable the holding of local elections shall have effect, including amendments to section 2 of the Principal Act, (f) the Electoral Acts 1992 to 2014, the Local Elections Acts 1974 to 2012 and the Local Elections Regulations 1995 (S.I. No. 297 of 1995) shall have effect as amended by section 5(4) and Part 2 of Schedule 2, and (g) Schedule 6 to the Principal Act shall not have effect. (2) For the purpose of subsection (1) and for the purpose of holding elections to local authorities after 2014, regulations and orders may be made by the Minister under the appropriate provisions of the Local Government Acts 1925 to 2014 having regard to paragraphs (a) to (f) of subsection (1). ... (5) This section has effect upon the passing of this Act. C4 Application of collectively cited Local Government (Sanitary Services) Acts 1878 to 2001 and Local Government Acts 1925 to 2003 and Roads Acts 1993 to 2007 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3). Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites 42. ... (22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies. ... Review of existing plans 46. ... (3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations. ... General provisions regarding licences etc 63. ... (2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions. ... SECOND SCHEDULE 21 [No. 37.] Local Government Act 2001 [2001.] Number Year Short Title/Citation ... ... ... Local Government (Sanitary Services) Acts 1878 to 2001 ... ... ... Local Government Acts 1925 to 2003 ... ... ... Roads Acts 1993 to 2007 ... ... ... C5 Functions transferred from “specified bodies” to the “Executive” (1.01.2005) by Health Act 2004 (42/2004), s. 59 and sch. 3, S.I. No. 887 of 2004. Transfer of functions of specified bodies to Executive. 59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day. (2) If a provision of an enactment referred to in Schedule 3 , or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision. (3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following: (a) the chief executive officer of a health board; (b) the Regional Chief Executive of the Eastern Regional Health Authority; (c) the area chief executive of an Area Health Board. (4) This section does not apply in relation to the functions of the Hospital Bodies Administrative Bureau. ... SCHEDULE 3 Transfer of Functions and References to Functional Areas Section 59 and 67 . ... 61. Local Government Act 2001 59 ... C6 Application of collectively cited Roads Acts 1993 to 2007 restricted by Planning and Development Act 2000 (30/2000), s. 177V(3), as inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011. [Appropriate assessment. 177V.— ... (3) Notwithstanding any other provision of this Act, or, as appropriate, the Act of 2001, or the Roads Acts 1993 to 2007, a competent authority shall make a Land use plan or give consent for proposed development only after having determined that the Land use plan or proposed develop- ment shall not adversely affect the integrity of a European site. 22 PT. 1 S. 1 [No. 37.] Local Government Act 2001 [2001.] ...] Editorial Notes: E1 Making any relevant communications about the development or zoning of land under collectively cited Planning and Development Acts 2000 to 2014 designated as lobbying activity (1.09.2015) by Regulation of Lobbying Act 2015 (5/2015), s. 5(1), S.I. No. 152 of 2015. PART 1 P RELIMINARY AND G ENERAL Short title and 1.—(1) This Act may be cited as the Local Government Act, 2001. collective cita- tions. (2) This Act (other than sections 163, 164 and 211 and Parts 23 and 24) and the Acts referred to in Schedule 1 may be cited together as the Local Government Acts, 1925 to 2001, and shall be read together as one. (3) Sections 81 and 245 and the Roads Acts, 1993 and 1998, may be cited together as the Roads Acts, 1993 to 2001, and shall be read together as one. (4) Chapter 5 of Part 9 and the Local Government (Sanitary Services) Acts, 1878 to 1995, may be cited together as the Local Government (Sanitary Services) Acts, 1878 to 2001, and shall be read together as one. (5) Parts 3, 4 and F1[...] section 243 and the Local Elections Acts, 1974 to 1999, may be cited together as the Local Elections Acts, 1974 to 2001, and shall be read together as one. (6) Part 23 and the Temple Bar Area Renewal and Development Act, 1991, may be cited together as the Temple Bar Area Renewal and Development Acts, 1991 and 2001, and shall be read together as one. (7) Sections 2, 5(3) and Schedule 4 (in so far as they relate to the Act of 2000), section 247 and the Act of 2000 may be cited together as the Planning and Develop- ment Acts, 2000 and 2001. Annotations Amendments: F1 Deleted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment. Interpretation 2.—(1) In this Act, except where the context otherwise requires— generally. F2[‘2014 establishment day’ means the day appointed by order under section 8 of the Local Government Reform Act 2014 to be the establishment day for the purposes of that Act;] “Act of 2000” means the Planning and Development Act, 2000; F3[‘administrative area’ means an area standing established under section 10 for the purposes of local government and which is— (a) a county in the case of a county council, 23 PT. 1 S. 2 [No. 37.] Local Government Act 2001 [2001.] (b) a city in the case of a city council, (c) a city and county in the case of a city and county council;] “annual meeting” means an annual meeting of a local authority as provided for in paragraph 3 of Schedule 10; “annual report”, in the context of a local authority, means a report under section 221; “casual vacancy” shall be read in accordance with section 19(1); “Cathaoirleach” has the meaning given to it by section 31; F2[‘chief executive’ means a chief executive for the purposes of section 144;] F4[‘city council’ means a local authority to which section 11(2)(b) relates;] F2[‘city and county council’ means a local authority to which section 11(2)(c) relates;] F5[...] “committee” means a committee of a local authority established under Part 7; “corporate plan” has the meaning given to it by section 134; “corporate policy group” means a committee established under section 133(1); F4[‘county council’ means a local authority to which section 11(2) (a) relates;] F5[...] F6[...] “direction” means a direction in writing given by— (a) the Minister under this Act, or (b) an appropriate Minister under Chapter 4 of Part 14; “Director of Audit” means a person appointed under section 116; “elected council” means the members of the local authority concerned and shall be read in accordance with section 11(5); “election year” means a year in which a local election is held; “enactment” includes a statutory instrument within the meaning given by section 3 of the Interpretation Act, 1937; “establishment day” means the day appointed by the Minister by order under section 9 to be the establishment day for the purposes of this Act; “excluded day” means a day which is a Saturday, Sunday or public holiday (within the meaning given by the Organisation of Working Time Act, 1997) or any other day on which the principal offices of the local authority concerned are closed; “executive function” shall be read in accordance with section 149; “functions” includes powers and duties and a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties; “joint body” means— (a) F5[...] (b) a joint drainage board, 24 PT. 1 S. 2 [No. 37.] Local Government Act 2001 [2001.] (c) a joint drainage committee, (d) F5[...] (e) a joint burial committee, (f) a joint committee to which section 52(5) applies, or (g) such other body as may be prescribed by regulations made by the Minister under section 144(7); “joint committee” means a joint committee established under Part 7; “land” has the meaning given to it by the Act of 2000; “Leas-Chathaoirleach” has the meaning given to it by section 31; F4[‘local authority’ means— (a) in relation to a municipal district, the county council or the city and county council in which the municipal district is situated, and (b) in every other case— (i) a county council, (ii) a city council, (iii) a city and county council;] “local authority budget” means a budget adopted under section 103(7) and “budget”, in relation to a local authority, shall be read accordingly; “local authority budget meeting” has the meaning given to it by section 103; “local community” means persons ordinarily resident in the administrative area of the local authority concerned and, where relevant as regards a function of the authority, includes persons from outside that area who regularly use facilities of a social, economic, recreational, cultural or other nature provided by the authority; “local consultative committee” has the meaning given to it by section 21 of the Housing (Traveller Accommodation) Act, 1998; F2[‘local economic and community plan’ means a plan to which sections 66A to 66H relate;] “local election” means an election under Part 4; “local electoral area” means an area referred to in section 23 by reference to which a local election is held; F7[‘local fund’ has the meaning given to it by section 97;] F5[...] “local government elector” means a person entitled to vote at a local election; F5[...] “meetings administrator” shall be read in accordance with section 46; “member”, in relation to a local authority, includes a Cathaoirleach and Leas- Chathaoirleach; “Minister” means the Minister for the Environment and Local Government; F2[‘municipal district’ shall be read in accordance with section 22A; 25 PT. 1 S. 2 [No. 37.] Local Government Act 2001 [2001.] ‘municipal district members’ shall be read in accordance with section 22B;] “ordinary day of retirement” has the meaning given to it by section 17; “public authority” means— (a) a Minister of the Government, (b) the Commissioners of Public Works in Ireland, (c) a harbour authority within the meaning of the Harbours Act, 1946, F8[(d) the Health Service Executive established under section 6 of the Health Act 2004] (e) a board or other body (but not including a company under the Companies Acts, 1963 to 1999) established by or under statute, (f) a company under the Companies Acts, 1963 to 1999, in which all the shares are held— (i) by or on behalf of a Minister of the Government, (ii) by directors appointed by a Minister of the Government, or (iii) by a board, company or other body referred to in paragraph (e) or subparagraph (i) or (ii), F9[(g) the Child and Family Agency established under section 7 of the Child and Family Agency Act 2013, and (h) such other body as may be prescribed by regulations made by the Minister for the purposes of any provision of this Act.] “public local inquiry” means an inquiry held under Part 20 and “inquiry” shall be read accordingly; “public notice”, in the context of a local authority, means a notice published in at least one newspaper circulating in the local authority’s administrative area; F4[‘rating authority’ means— (a) a county council, (b) a city council, or (c) a city and county council;] “register of electors” has the meaning given to it by section 24(1); F4[‘reserved function’ shall be read in accordance with sections 131 and 131A;] “standing orders”, in the context of a local authority, has the meaning given by paragraph 16(1) of Schedule 10; “strategic policy committee” has the meaning given by section 48; “structure” means any building, erection, structure (including a movable structure), excavation, or other thing constructed, erected, made or placed on, in or under any land, or any part of a structure so defined and, where the context so admits, includes the land on, in or under which the structure is situated; F2[‘transfer date’ has the meaning given in section 23 of the Local Government Reform Act 2014. ] F10[...] 26 PT. 1 S. 2 [No. 37.] Local Government Act 2001 [2001.] (2) In this Act a reference to the total number of members of a local authority shall be read as the number of members of the local authority concerned as determined by section 21. (3) In this Act a reference to local government areas or to the administrative area of a local authority does not include an area added for local electoral purposes only under section 17 of the Local Government Act, 1994. (4) In this Act a reference to a person being disqualified from election or co-option to a local authority shall be read as including a disqualification from nomination for election or co-option to a local authority. (5) In this Act, except where the context otherwise requires, a reference to social inclusion or its promotion shall be read as including a reference to any policy, objec- tive, measure or activity designed to counteract poverty or other social deprivation or to facilitate greater participation by marginalised groups in the social, economic and cultural life of the local community. (6) In this Act, except where the context otherwise requires— (a) a reference to a section, Chapter, Part or Schedule is a reference to a section, Chapter or Part of, or Schedule to, this Act, as the case may be, unless it is indicated that reference to some other enactment is intended, (b) a reference to a subsection, paragraph, subparagraph, clause or subclause is to the subsection, paragraph, subparagraph, clause or subclause of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended. (7) In this Act, a reference to any enactment shall be read as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment, including this Act. Annotations Amendments: F2 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1, S.I. No. 214 of 2014. F3 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1), 25(4)(a) and sch. 1 part 1 item 2, S.I. No. 214 of 2014. F4 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1) and sch. 1 part 1, S.I. No. 214 of 2014. F5 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1, S.I. No. 214 of 2014. F6 Deleted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment. F7 Inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 2, S.I. No. 165 of 2007. F8 Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 21 item 1, S.I. No. 887 of 2004, art. 2(i). F9 Substituted and inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 15 item 1, S.I. No. 502 of 2013. F10 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1), 25(4)(a) and sch. 1 part 1 item 18, S.I. No. 214 of 2014. 27 PT. 1 S. 2 [No. 37.] Local Government Act 2001 [2001.] Modifications (not altering text): C7 Alternate commencement date for amendments by Local Government Reform Act 2014 (1/2014) prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(e), commenced as per s. 28(5). Elections to local authorities in 2014 28. (1) For the purpose of holding in 2014 elections of members of local authorities— ... (e) such other amendments by this Act to the Principal Act as are necessary to enable the holding of local elections shall have effect, including amendments to section 2 of the Principal Act, ... (5) This section has effect upon the passing of this Act. Construction of 3.—(1) Every enactment (including any provision contained in a local, personal or enactments. private Act) and every order, regulation, rule, bye-law or other instrument or agree- ment in force immediately before the commencement of a provision of this Act shall, on and after the day of such commencement but subject to any regulations made under this section, be read and have effect with such modifications as may be necessary to give effect to this Act or an order or regulations under it and to have effect in conformity with it. (2) A reference in any enactment other than this Act to an expression mentioned in the first column of Schedule 2 or to a similar or analogous expression shall, except where the context otherwise requires and subject to any regulations made under this section, be read as a reference to the appropriate expression of this Act as indicated in the second column of that Schedule opposite the expression in the first column. (3)(a) The Minister, or any other Minister of the Government after consultation with the Minister, may, in respect of any enactment, instrument or agreement which relates to matters for which the relevant Minister has general responsibility, make regulations for the purposes of enabling subsection (1) to have full effect. (b) Without prejudice to the generality of paragraph (a), regulations under this subsection may, in respect of a provision of any other enactment, instrument or agreement which is related to or otherwise affected by any provision of this Act, provide for its adaptation, modification or cesser of operation in so far as this appears necessary or expedient to the Minister concerned for the purposes of securing that any such other provision shall have effect in conformity with this Act or with an order or regulations made under it. (4) Regulations may not be made under this section after the expiration of 3 years from the establishment day. Annotations Editorial Notes: E2 Power pursuant to section exercised (31.08.2015) by Local Government (Financial and Audit Procedures) (Amendment) Regulations 2015 (S.I. No. 363 of 2015). E3 Power pursuant to section exercised (1.06.2014) by Local Government (Financial and Audit Proce- dures) Regulations 2014 (S.I. No. 226 of 2014), in effect as per reg. 2. E4 Power pursuant to section exercised (1.01.2004) by Athlone Town Boundary Alteration (Supplemen- tary) Order 2003 (S.I. No. 705 of 2003). 28 PT. 1 S. 3 [No. 37.] Local Government Act 2001 [2001.] E5 Previous affecting provision: power pursuant to section exercised (13.01.2014) by Local Government (Financial Procedures and Audit) (Amendment) Regulations 2014 (S.I. No. 8 of 2014), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect. E6 Previous affecting provision: power pursuant to section exercised (14.11.2008) by Local Government (Financial Procedures and Audit) Regulations 2002 (Amendment) Order 2008 (S.I. No. 467 of 2008), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect. E7 Previous affecting provisions: power pursuant to section exercised (14.11.2002) by Local Government (Financial Procedures and Audit) Regulations 2002 (S.I. No. 508 of 2002); revoked (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), reg. 30, in effect as per reg. 2. Regulations, 4.—(1) The Minister may make regulations prescribing any matter or thing which orders and direc- is referred to in this Act as prescribed or to be prescribed or for the purposes of tions. enabling any provision to have full effect. (2) Without prejudice to any other provision of this Act, a regulation or order under this Act may provide for such incidental, consequential, supplementary or transitional provisions (including provisions for the purpose of securing the continuity of any provision of this Act with any provision of any other Act or instrument repealed, revoked, amended or otherwise affected by this Act or by any regulations or order made under it) as may appear to the Minister making the regulation or order to be appropriate for the purposes of this Act or any regulations or order made under it. (3) A regulation or an order under this Act may— (a) apply to local authorities generally, to any class or classes of local authorities specified in the regulations or the order or to a particular local authority so specified, (b) contain different provisions in relation to different local authorities or to different parts of the administrative area of a local authority, (c) provide for the giving of directions by the Minister (including directions amending or revoking any such directions). (4)(a) Except where paragraph (c) applies, every order and regulation made by the Minister or any other Minister of the Government under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made. (b) If after an order or regulation is laid under paragraph (a) a resolution annulling the order or regulation is passed by either House of the Oireachtas within the next 21 days on which the House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under it. (c) Paragraph (a) does not apply to an order or regulation which is required by this Act to be approved in draft by resolution of both Houses of the Oireachtas or to an order under section 199(8). (5) Other than an order under section 7, the Minister may by order, amend or revoke any order under this Act including an order made under this subsection. (6)(a) The Minister may by direction amend or revoke a direction given by him or her under this Act (including a direction under this subsection). (b) A person to whom a direction is given under this Act shall comply with that direction. 29 PT. 1 S. 4 [No. 37.] Local Government Act 2001 [2001.] (7) This section does not apply to a provisional order under section 72(1). Annotations Editorial Notes: E8 Power pursuant to section exercised (10.11.2017) by Local Government (Expenses of Local Authority Members) (Amendment) Regulations 2017 (S.I. No. 494 of 2017). E9 Power pursuant to section exercised (30.09.2015) by Local Government (Audit Fees) Regulations 2015 (S.I. No. 447 of 2015). E10 Power pursuant to section exercised (31.08.2015) by Local Government (Financial and Audit Procedures) (Amendment) Regulations 2015 (S.I. No. 363 of 2015), in effect as per reg. 2. E11 Power pursuant to section exercised (29.07.2015) by Local Government (Prescribed Bodies) Regu- lations 2015 (S.I. No. 446 of 2015). E12 Power pursuant to section exercised (10.03.2015) by Local Government (Audit Fees) Regulations 2015 (S.I. No. 109 of 2015). E13 Power pursuant to section exercised (30.01.2015) by Local Government Act 2001 (Part 15) Regula- tions 2015 (S.I. No. 29 of 2015), in effect as per reg. 2. E14 Power pursuant to section exercised (18.12.2014) by Local Government (Appointment of Chief Executive) Regulations 2014 (S.I. No. 589 of 2014). E15 Power pursuant to section exercised (10.07.2014) by Local Community Development Committee (Section 128E) (Amendment) (No. 1) Regulations 2014 (S.I. No. 314 of 2014). E16 Power pursuant to section exercised (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), in effect as per reg. 3. E17 Power pursuant to section exercised (1.06.2014) by Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014), in effect as per reg. 3. E18 Power pursuant to section exercised (1.06.2014) by Local Community Development Committee (Section 128E) Regulations 2014 (S.I. No. 234 of 2014), in effect as per reg. 2. E19 Power pursuant to section exercised (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014), in effect as per reg. 2. E20 Power pursuant to section exercised (1.06.2014) by Local Government (Financial and Audit Proce- dures) Regulations 2014 (S.I. No. 226 of 2014), in effect as per reg. 2. E21 Power pursuant to section exercised (1.06.2014) by Local Government Act 2001 (section 230) Order 2013 (S.I. No. 447 of 2013). E22 Power pursuant to section exercised (31.01.2014) by County of Wicklow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 70 of 2014). E23 Power pursuant to section exercised (31.01.2014) by County of Wexford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 69 of 2014). E24 Power pursuant to section exercised (31.01.2014) by County of Westmeath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 68 of 2014). E25 Power pursuant to section exercised (31.01.2014) by City and County of Waterford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 67 of 2014). E26 Power pursuant to section exercised (31.01.2014) by County of Tipperary Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 66 of 2014). E27 Power pursuant to section exercised (31.01.2014) by County of South Dublin Local Electoral Areas Order 2014 (S.I. No. 65 of 2014). 30 PT. 1 S. 4 [No. 37.] Local Government Act 2001 [2001.] E28 Power pursuant to section exercised (31.01.2014) by County of Sligo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 64 of 2014). E29 Power pursuant to section exercised (31.01.2014) by County of Roscommon Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 63 of 2014). E30 Power pursuant to section exercised (31.01.2014) by County of Offaly Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 62 of 2014). E31 Power pursuant to section exercised (31.01.2014) by County of Monaghan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 61 of 2014). E32 Power pursuant to section exercised (31.01.2014) by County of Meath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 60 of 2014). E33 Power pursuant to section exercised (31.01.2014) by County of Mayo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 59 of 2014). E34 Power pursuant to section exercised (31.01.2014) by County of Louth Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 58 of 2014). E35 Power pursuant to section exercised (31.01.2014) by County of Longford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 57 of 2014). E36 Power pursuant to section exercised (31.01.2014) by City and County of Limerick Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 56 of 2014). E37 Power pursuant to section exercised (31.01.2014) by County of Leitrim Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 55 of 2014). E38 Power pursuant to section exercised (31.01.2014) by County of Laois Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 54 of 2014). E39 Power pursuant to section exercised (31.01.2014) by County of Kilkenny Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 53 of 2014). E40 Power pursuant to section exercised (31.01.2014) by County of Kildare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 52 of 2014). E41 Power pursuant to section exercised (31.01.2014) by County of Kerry Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 51 of 2014). E42 Power pursuant to section exercised (31.01.2014) by County of Galway Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 50 of 2014). E43 Power pursuant to section exercised (31.01.2014) by City of Galway Local Electoral Areas Order 2014 (S.I. No. 49 of 2014). E44 Power pursuant to section exercised (31.01.2014) by County of Fingal Local Electoral Areas Order 2014 (S.I. No. 47 of 2014). E45 Power pursuant to section exercised (31.01.2014) by County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2014 (S.I. No. 46 of 2014). E46 Power pursuant to section exercised (31.01.2014) by City of Dublin Local Electoral Areas Order 2014 (S.I. No. 45 of 2014). E47 Power pursuant to section exercised (31.01.2014) by County of Donegal Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 44 of 2014). E48 Power pursuant to section exercised (31.01.2014) by County of Cork Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 43 of 2014). E49 Power pursuant to section exercised (31.01.2014) by County of Clare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 42 of 2014). 31 PT. 1 S. 4 [No. 37.] Local Government Act 2001 [2001.] E50 Power pursuant to section exercised (31.01.2014) by County of Cavan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 41 of 2014). E51 Power pursuant to section exercised (31.01.2014) by County of Carlow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 40 of 2014). E52 Power pursuant to section exercised (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013). E53 Power pursuant to section exercised (25.11.2013) by Local Government (Prescribed Bodies) Regu- lations 2013 (S.I. No. 457 of 2013). E54 Power pursuant to section exercised (25.11.2013) by Local Government (Audit Fees) Regulations 2013 (S.I. No. 456 of 2013). E55 Power pursuant to section exercised (13.02.2012) by Local Government (Tenure of Office of Managers) Regulations 2012 (S.I. No. 50 of 2012). E56 Power pursuant to section exercised (24.04.2007) by Local Government (Business Improvement Districts Ratepayer Plebiscite) Regulations 2007 (S.I. No. 166 of 2007). E57 Power pursuant to section exercised (10.07.2006) by Local Government Act 2001 (Bye-Laws) Regulations 2006 (S.I. No. 362 of 2006). E58 Power pursuant to section exercised (1.08.2003) by Local Government Act 2001 (Section 237A) Regulations 2003 (S.I. No. 274 of 2003). E59 Power pursuant to section exercised (6.06.2002) by Local Authority Members (Gratuity) Regulations 2002 (S.I. 281 of 2002), as amended (23.07.2002) by Local Authority Members (Gratuity) (Amend- ment) Regulations 2002 (S.I. No. 378 of 2002) and as amended (11.07.2003) by Local Authority Members (Gratuity) (Amendment) Regulations 2003 (S.I. No. 302 of 2003) and as amended (19.12.2006) by Local Authority Members (Gratuity) (Amendment) Regulations 2006 (S.I. No. 674 of 2006). E60 Power pursuant to section exercised (1.09.2002) by Local Government Act 2001 (County Tipperary Joint Libraries Committee) Regulations 2002 (S.I. No. 214 of 2002). E61 Power pursuant to section exercised (17.07.2002) by Local Government Act 2001 (Meetings) Regulations 2002 (S.I. No. 66 of 2002). E62 Power pursuant to section exercised (1.01.2002) by Local Government Act 2001 (Supplementary Provisions) Regulations 2001 (S.I. No. 590 of 2001). E63 Power pursuant to section exercised (1.01.2002) by Local Government (Representational Payment For Members) Regulations 2001 (S.I. No. 552 of 2001), as amended (6.06.2002) by Local Authority Members (Gratuity) Regulations 2002 (S.I. No. 281 of 2002), reg. 2 and as amended (1.06.2014) by Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014), in effect as per reg. 3. E64 Previous affecting provision: power pursuant to section exercised (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004); revoked (30.01.2015) by Local Govern- ment Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2. E65 Previous affecting provision: power pursuant to section exercised (13.01.2014) by Local Government (Financial Procedures and Audit) (Amendment) Regulations 2014 (S.I. No. 8 of 2014), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect. E66 Previous affecting provision: power pursuant to section exercised (23.10.2012) by Local Government (Tenure of Office of Managers) (Amendment No. 2) Regulations 2012 (S.I. No. 406 of 2012); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(c). 32 PT. 1 S. 4 [No. 37.] Local Government Act 2001 [2001.] E67 Previous affecting provision: power pursuant to section exercised (15.05.2012) by Local Government (Tenure of Office of Managers) (Amendment) Regulations 2012 (S.I. No. 157 of 2012); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(b). E68 Previous affecting provision: power pursuant to section exercised (11.11.2011) by Local Government (Tenure of Office of Managers) Regulations 2011 (S.I. No. 573 of 2011); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(a). E69 Previous affecting provision: power pursuant to section exercised (5.02.2010) by Local Government Act 2001 (Section 142) Regulations 2010 (S.I. No. 37 of 2010); revoked (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), reg. 18, in effect as per reg. 3. E70 Previous affecting provision: power pursuant to section exercised (14.11.2008) by Local Government (Financial Procedures and Audit) Regulations 2002 (Amendment) Order 2008 (S.I. No. 467 of 2008), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect. E71 Previous affecting provision: power pursuant to section exercised (1.01.2007) by Local Government (Expenses of Local Authority Members) Regulations 2006 (S.I. No. 668 of 2006); revoked (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), reg. 18, in effect as per reg. 3. E72 Previous affecting provision: power pursuant to section exercised (28.02.2003) by Local Government Act 2001 (Part 15) Regulations 2003 (S.I. No. 73 of 2003); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3. E73 Previous affecting provision: power pursuant to section exercised (12.02.2003) by Local Government (Tenure of Office of Managers) Regulations 2003 (S.I. No. 47 of 2003); revoked (11.11.2011) by Local Government (Tenure of Office of Managers) Regulations 2011 (S.I. No. 573 of 2011), reg. 4. E74 Previous affecting provision: power pursuant to section exercised (1.01.2003) by Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3. E75 Previous affecting provision: power pursuant to section exercised (14.11.2002) by Local Government (Financial Procedures and Audit) Regulations 2002 (S.I. No. 508 of 2002); revoked (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), reg. 30, in effect as per reg. 2. Repeals, revoca- 5.—(1) Each Act specified in the first and second columns of Part 1 of Schedule 3 is tion and amend- repealed to the extent specified in the third column of that Part opposite the refer- ment of enact- ments. ences in the first and second columns. (2) Each order specified in the first and second columns of Part 2 of Schedule 3 is revoked to the extent specified in the third column of that Part opposite the references in the first and second columns. (3) Each Act specified in the first and second columns of Schedule 4 is amended in the manner stated in the third column of that Schedule opposite the references in the first and second columns. Savers. 6.—The repeal or revocation by this Act of a provision of any enactment which is applied by a provision of any other enactment not so repealed or revoked, shall not affect such application and accordingly the first-mentioned provision continues to apply and have effect for the purposes of such application. 33 PT. 1 S. 6 [No. 37.] Local Government Act 2001 [2001.] Annotations Editorial Notes: E76 Notwithstanding the repeal of Part IV of the Local Government Act 1946 by this Act, Part IV continues to apply and shall be deemed always to have applied in relation to an application for a bridge order that was made to the Minister before 31 December 2001 and the bridge order made after that date by the Minister pursuant to such an application (10.04.2003) by Local Government Act 2003 (8/2003), s. 2(1) and (2), commenced on enactment. Commencement. 7.—This Act (except Part 2, section 9 of which provides for an establishment day order in respect of that Part, F11[and except section 161, the coming into operation of which is provided for in that section]) shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefor either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions and for the repeal, revocation and amendment effected by section 5 of different enactments or of different provisions of those enactments. Annotations Amendments: F11 Substituted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment. Editorial Notes: E77 Power pursuant to section exercised (31.01.2019) by Local Government Act 2001 (Commencement) Order 2019 (S.I. No. 24 of 2019). 2. The 31st day of January 2019 is appointed to be the day on which the following provisions of the Local Government Act 2001 (No. 37 of 2001) shall come into operation: (a) subsection (1) of section 5 and Part 1 of Schedule 3 in so far as they effect the repeal of— (i) sections 76, 77, 78 and 79 of the Local Government Act 1946 (No. 24 of 1946), (ii) section 53 of the Local Government Act 1955 (No. 9 of 1955), and (iii) section 67 of the Local Government Act 1994 (No. 8 of 1994); and (b) sections 189, 190, 192 and 193, and subsections (1) and (2) of section 194. E78 Power pursuant to section exercised (30.01.2014) by Local Government Act 2001 (Commencement of Certain Provisions) Order 2014 (S.I. No. 37 of 2014). 2. The 30th day of January 2014 is appointed as the day on which the following provisions of the Local Government Act 2001 (No. 37 of 2001) come into operation: (a) to the extent specified in the Schedule to this Order, the repeal provided for by section 5(1) and Part 1 of Schedule 3; (b) section 23. SCHEDULE NUMBER AND YEAR SHORT TITLE EXTENT OF REPEAL No. 8 of 1994 Local Government Act 1994 Section 24. 34 PT. 1 S. 7 [No. 37.] Local Government Act 2001 [2001.] E79 Power pursuant to section exercised (27.11.2013) by Local Government Act 2001 (Commencement) Order 2013 (S.I. No. 446 of 2013). 2. The 27th day of November 2013 is fixed as the day on which section 230 of the Local Government Act 2001 (No. 37 of 2001) comes into operation. E80 Power pursuant to section exercised (7.09.2011) by Local Government Act 2001 (Commencement) Order 2011 (S.I. No. 447 of 2011). 2. The 7th day of September 2011 is appointed as the day upon which sections 188, 191 and 194 (3) (inserted by section 48 of the Environment (Miscellaneous Provisions) Act 2011 (No. 20 of 2011)) of the Local Government Act 2001 (No. 37 of 2001) shall come into operation. E81 Power pursuant to section exercised (10.07.2006) by Local Government Act, 2001 (Commencement) Order 2006 (S.I. No. 361 of 2006). 2. Part 19 of the Local Government Act, 2001, shall come into operation on 10 July 2006. 3. Section 5(1) of and Part 1 of Schedule 3 to the Local Government Act 2001 shall come into operation on 10 July 2006 to the extent specified in the Schedule to this Order. Article 3 Schedule REPEALS Number and Year Short Title Extent of Repeal 17 & 18 Vict. c. 103 Towns Improvement (Ireland) Act 1854 Sections 78 to 88 No. 8 of 1994 Local Government Act 1994 Part VII E82 Power pursuant to section exercised (19.05.2004, 21.05.2004 and 1.01.2005) by Local Government Act 2001 (Commencement) Order 2004 (S.I. No. 217 of 2004). 3. On 19th May 2004 section 5(1) of and Part I of Schedule 3 to the Act of 2001 shall come into operation for the purposes of the repeal of section 21 of the Local Government Act 1955 (No. 9 of 1955) and for the purposes of the repeal of section 25 (other than subsection (6) of that section) of the Local Elections (Petitions and Disqualifications) Act 1974 (No. 8 of 1974). 4. On 21 May 2004 section 169 (other than subsection (4)(a)(ii) and (4)(b)(ii) of that section), and references to a code of conduct in sections 166(1), 167(2), 170(1) and 174(6) of the Act of 2001 shall come into operation. 5. On 1 January 2005 subsection (4)(a)(ii) and (4)(b)(ii) of section 169 and section 171(1)(b) of the Act of 2001 shall come into operation. E83 Power pursuant to section exercised (14.11.2002, 1.01.2003 and 1.01.2004) by Local Government Act, 2001 (Commencement) (No. 5) Order 2002 (S.I. No. 507 of 2002). 3. On 14 November, 2002 Parts 12 (insofar as it has not already been commenced) and 21 of the Act of 2001 shall come into operation. 4. On 14 November, 2002 paragraph 5 of Schedule 10 to the Act of 2001 shall come into operation. 5. On 14 November, 2002 section 5(1) of and Part 1 of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part I of the Schedule to this Order. 6. On 14 November, 2002 section 5(2) of and Part 2 of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part 2 of the Schedule to this Order. 7. On 14 November, 2002 section 5(3) of and Schedule 4 to the Act of 2001, shall come into operation for the purpose of (a) the amendment to the Local Government (Ireland) Act, 1898 in the manner stated in column 3 of Schedule 4 to the Act of 2001, 35 PT. 1 S. 7 [No. 37.] Local Government Act 2001 [2001.] (b) the amendments to the Local Government (Financial Provisions) Act, 1978 in the manner stated in column 3 of Schedule 4 to the Act of 2001, (c) the amendment to the Local Government (Financial Provisions) Act, 1997 in the manner stated in column 3 of Schedule 4 to the Act of 2001. 8. On 14 November, 2002 section 231 of the Act of 2001 shall come into operation. 9. On 1 January, 2003 section 135 of the Act of 2001 shall come into operation. 10. On 1 January, 2004 section 1(4) of the Act of 2001 shall come into operation. SCHEDULE PART 1 Acts Repealed Session and Chapter Short Title Extent of Repeal or Number and Year 1 2 3 17 & 18 Vict. c. 103 Towns Improvement (Ireland) Act, 1854 Section 59. 30 & 31 Vict. c. 46 County Treasurers (Ireland) Act, 1867 The whole Act. 34 & 35 Vict. c. 109 Local Government (Ireland) Act, 1871 Section 18. 35 & 36 Vict. c. 69 Local Government Board (Ireland) Act, 1872 Section 12. 61 & 62 Vict. c. 37 Local Government (Ireland) Act, 1898 Section 83(12). 2 Edw. 7. c. 38 Local Government (Ireland) Act, 1902 Sections 21 and 22. No. 5 of 1925 Local Government Act 1925 Section 86. No. 1 of 1929 Cork City Management Act, 1929 The whole Act insofar as it is not already repealed. No. 27 of 1930 Local Government (Dublin) Act, 1930 Sections 54(2), 61, 62 and 95. No. 35 of 1934 Limerick City Management Act, 1934 Sections 16(2), 23 and 24. No. 55 of 1936 Local Authorities (Miscellaneous Provisions) Sections 2 and 3. Act, 1936 No. 3 (Private) 1937 Local Government (Galway) Act, 1937 The whole Act insofar as it is not already repealed. No. 36 of 1937 Local Government (Nomination of Presidential The whole Act. Candidates) Act, 1937 No. 25 of 1939 Waterford City Management Act, 1939 Sections 15(2), 22 and 23. No. 12 of 1940 County Management Act, 1940 The whole Act insofar as it is not already repealed. No. 5 of 1941 Cork City Management (Amendment) Act, 1941 Sections 14 and 15. No. 23 of 1941 Local Government Act, 1941 Part IV and sections 68, 69 and 77. No. 24 of 1946 Local Government Act, 1946 Sections 7 to 9, 15 to 17, 22, 26 and 27, 34, 64 and 65, 80 and 81. No. 9 of 1955 Local Government Act, 1955 Sections 48 and 61. No. 12 of 1955 City and County Management (Amendment) The whole Act insofar as it is not already Act, 1955 repealed. No. 40 of 1960 Local Government (No. 2) Act, 1960 Part II. No. 35 of 1978 Local Government (Financial Provisions) Act, Sections 11, 12 and 14. 1978 No. 8 of 1994 Local Government Act, 1994 Section 44. No. 29 of 1997 Local Government (Financial Provisions) Act, Sections 8, 13 and 16. 1997 36 PT. 1 S. 7 [No. 37.] Local Government Act 2001 [2001.] PART 2 ORDERS REVOKED Number and Year Short Title Extent of Revocation 1898 No. 1120 Local Government (Application of Enactments) The whole Order insofar as it is not already Order, 1898 revoked. 1899 No. 44 Local Government (Adaptation of Irish Enact- Article 43. ments) Order, 1899 E84 Power pursuant to section exercised (1.01.2004) by Local Government Act, 2001 (Commencement) (No. 4) Order 2002 (S.I. No. 250 of 2002). 2. On 1 January, 2004 Chapter 5 of Part 9 of the Local Government Act, 2001 shall come into operation. 3. On 1 January, 2004 section 5(1) of and Schedule 3 to the Local Government Act, 2001 shall come into operation for the purposes of the repeal of the Local Government (Amendment) (No. 2) Act, 1934 (No. 44 of 1934). E85 Power pursuant to section exercised (1.01.2003) by Local Government Act, 2001 (Commencement) (No. 3) Order 2002 (S.I. No. 218 of 2002). 3. On 1 January 2003, Part 15 of the Act of 2001 shall come into operation other than section 169 and any reference to a code of conduct in sections 166(1), 167(2), 170(1), 171(1)(b), and 174(6). E86 Power pursuant to section exercised (16.05.2002) by Local Government Act, 2001 (Commencement) (No. 2) Order 2002 (S.I. No. 213 of 2002). 2. Sections 109 and 110 of the Local Government Act, 2001 shall come into operation on the 16th day of May 2002. E87 Power pursuant to section exercised (1.05.2002, 17.07.2002, 1.05.2004, 11.03.2002) by Local Government Act, 2001 (Commencement) Order 2002 (S.I. No. 65 of 2002). 3. On 1 May 2002, section 19 of the Act of 2001 shall come into operation; and on that date also section 5(1) of and Part 1 of Schedule 3 to that Act shall come into operation for the purposes of the repeal of section 11 of the Local Government Act, 1994, (No. 8 of 1994). 4. (a) On 17 July 2002, Part 6 and Part 7 of the Act of 2001 and Schedule 10 to that Act, other than paragraph 3(3) and paragraph 5 of that Schedule, shall come into operation. (b) On 1 May 2004, paragraph 3(3) of Schedule 10 to the Act of 2001 shall come into operation. 5. On 17 July 2002, section 5(1) of and Part 1 of Schedule 3 to the Act of 2001 shall come into operation to the extent specified in Part 1 of the Schedule to this Order. 6. On 17 July 2002, section 5(2) of and Part 2 of Schedule 3 to the Act of 2001 shall come into operation to the extent specified in Part 2 of the Schedule to this Order. 7. On 11 March 2002, section 5(1) of and Part 1 of Schedule 3 to the Act of 2001 shall come into operation for the purposes of the repeal of section 4 of the City and County Management (Amendment) Act, 1955 ( No. 12 of 1955), insofar as that section is not already repealed. SCHEDULE Part 1 Acts Repealed Article 5 Secssion and Chapter Short Title Extent of Repeal or Number and Year 1 2 3 37 PT. 1 S. 7 [No. 37.] Local Government Act 2001 [2001.] Article 5 Secssion and Chapter Short Title Extent of Repeal or Number and Year 3 & 4 Vict. c. 108 Municipal Corporations (Ireland) Act, 1840 The whole Act insofar as it is not already repealed. 10 & 11 Vict. c. 16 Commissioners Clauses Act, 1847 The whole Act insofar as it is not already repealed. 17 & 18 Vict. c. 103 Towns Improvement (Ireland) Act, 1854 Sections 27 and 28 61 & 62 Vict. c. 37 Local Government (Ireland) Act, 1898. Sections 23(2) and 77. 2 Edw. 7. c. 38 Local Government (Ireland) Act, 1902 Sections 14 and 15. No. 5 of 1925 Local Government Act, 1925 Sections 58 and 64. No. 1 of 1929 Cork City Management Act, 1929 Section 7. No. 27 of 1930 Local Government (Dublin) Act, 1930 Sections 31 and 37. No. 35 of 1934 Limerick City Management Act, 1934 Sections 5(3) and 9. No. 3 (Private) 1937 Local Government (Galway) Act, 1937 Sections 15 and 33. No. 25 of 1939 Waterford City Management Act, 1939 Sections 4(3) and 8(6). No. 12 of 1940 County Management Act, 1940 Section 18. No. 23 of 1941 Local Government Act, 1941 Section 41. No. 24 of 1946 Local Government Act, 1946 Sections 62, 63 and 66. No. 9 of 1955 Local Government Act, 1955 Section 60. No. 7 of 1985 Local Government (Reorganisation) Act, 1985 Sections 9, 25 and 27 and the Fifth Schedule. No. 11 of 1991 Local Government Act, 1991 Part VI. No. 8 of 1994 Local Government Act, 1994 Part V. Part 2 Orders Revoked Article 6 Year and Number Short Title Extent of Revocation 1 2 3 1898 No. 1120 Local Government (Application of Enactments) Articles 36 and 38 of the Schedule to the Order, 1898 Order. E88 Power pursuant to section exercised (1.01.2002 and unspecified dates) by Local Government Act, 2001 (Commencement) (No. 3) Order 2001 (S.I. No. 588 of 2001). 3. On 1 January, 2002, subsections (2), (3) and (5) of section 1 of the Act of 2001, shall come into operation. 4. On 1 January, 2002, section 5(1) of and Part I of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part 1 of the Schedule to this Order. 5. On 1 January, 2002, section 5(2) of and Part 2 of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part 2 of the Schedule to this Order. 6. On 1 January, 2002, section 5(3) of and Schedule 4 to the Act of 2001, shall come into operation for the purpose of (a) the amendment to the Housing (Traveller Accommodation) Act, 1998 (No. 33 of 1998) in the manner stated in column 3 of Schedule 4 to the Act of 2001, and (b) the amendments to the Planning and Development Act, 2000 (No. 30 of 2000) in the manner stated in column 3 of Schedule 4 to the Act of 2001. 38 PT. 1 S. 7 [No. 37.] Local Government Act 2001 [2001.] 7. On 1 January, 2002, Part 3, other than sections 13(1)(i), 14, 19 and 22; Part 4, other than section 23; Part 5, other than Chapter 3; Part 9, other than Chapter 5; Part 10; sections 112 and 113(1); Part 13; Part 14, other than section 135; Part 16; section 197; Part 22, other than sections 223, 230 and 231; Part 24 insofar as not already commenced, of the Act of 2001, shall come into operation. 8. Section 13(1)(i) of the Act of 2001 shall come into operation and have effect for the purposes of the local elections in the year 2004 and from then on. Section 14 of the Act of 2001 shall come into operation and have effect on and from the ordinary day of retirement of members next after the enactment of the Act of 2001. 9. On 1 January, 2002, Schedules 1, 2, 5, 6, 7, 8, 12, 13, 14 and 15 to the Act of 2001, shall come into operation. SCHEDULE Part 1 Acts Repealed Secssion and Chapter Short Title Extent of Repeal or Number and Year 1 2 3 6 & 7 Will. 4 c. 116 Grand Jury (Ireland) Act, 1836 Sections 35, 43, 44, 46, 54, 58, 66 to 68, 78, 82, 86, 108, 126 and 178 to 180 and Schedule (R). 3 & 4 Vict. c. 108 Municipal Corporations (Ireland) Act, 1840 The whole Act other than sections 10, 92 and 102. 3 & 4 Vict. c. 109 Counties and Boroughs (Ireland) Act, 1840 The whole Act. 6 & 7 Vict. c. 93 Municipal Corporations (Ireland) Act, 1843 The whole Act. 7 & 8 Vict. c. 106 County Dublin Grand Jury Act, 1844 Sections 40 and 110. 10 & 11 Vict. c. 16 Commissioners Clauses Act, 1847 Sections 53, 56 to 59. 10 & 11 Vict. c. 34 Towns Improvement Clauses Act, 1847 The whole Act. 16 & 17 Vict. c. 136 Grand Jury (Ireland) Act, 1853 Section 9. 17 & 18 Vict. c. 103 Towns Improvement (Ireland) Act, 1854 Section 38, 39, 41, 55, 58, 69, 72, 74 to 76 and 89. 23 & 24 Vict. c. 16 Municipal Corporations Mortgages etc. Act, The whole Act. 1860 34 & 35 Vict. c. 109 Local Government (Ireland) Act, 1871 Section 25. 41 & 42 Vict. c. 52 Public Health (Ireland) Act, 1878 Sections 7, 200, 201 and 277. 45 & 46 Vict. c. 50 Municipal Corporations Act, 1882 The whole Act. 47 & 48 Vict. c. 70 Municipal Elections (Corrupt and Illegal Prac- The whole Act. tices) Act, 1884 53 & 54 Vict. c. 59 Public Health Acts Amendment Act, 1890 Section 38. 61 & 62 Vict. c. 37 Local Government (Ireland) Act, 1898 Sections 1, 4, 6(b), 10, 11, 12, 14, 18, 21, 22, 27, 31, 33, 35, 40, 41, 48 to 50, 58, 59, 68, 72, 78, 81, 82, 84, 86, 100 and 108 and the Second and Third Schedules. 63 & 64 Vict. c. 63 Local Government (Ireland) Act, 1900 Section 9. 2 Edw. 7. c. 38 Local Government (Ireland) Act, 1902 Sections 6 and 8. 9 Edw. 7. c. 47 Development and Road Improvement Funds The whole Act. Act, 1909 No. 13 of 1924 Local Government (Temporary Provisions) The whole Act. (Amendment) Act, 1924 39 PT. 1 S. 7 [No. 37.] Local Government Act 2001 [2001.] Secssion and Chapter Short Title Extent of Repeal or Number and Year No. 5 of 1925 Local Government Act, 1925 Sections 2, 3, 5, 6, 16, 70, 73, 74, 81 and the First Schedule. No. 1 of 1929 Cork City Management Act, 1929 The whole Act other than sections 1, 7, 11(2), 16 and 23. No. 27 of 1930 Local Government (Dublin) Act, 1930 Sections 7, 17 to 19, 30, 38 to 41, 45, 51, 53, 54(1), 55 to 57, 59, 60, 67, 80 and 103 and the First Schedule. No. 35 of 1934 Limerick City Management Act, 1934 Sections 2 to 4, 5(1) and (2), 11 to 14, 16(1), 17 to 19, 21, 22, 31 to 34, 39, 40 and the First Schedule. No. 55 of 1936 Local Authorities (Miscellaneous Provisions) Section 6. Act, 1936 No. 3 (Private) 1937 Local Government (Galway) Act, 1937 The whole Act other than sections 1, 2, 9, 15, 33 and 39. No. 25 of 1939 No. 25 of 1939 Sections 2, 3, 4(1) and (2), 10 to 13, 15(1), 16 to 18, 20, 21, 30 to 32 and 37 to 39. No. 12 of 1940 County Management Act, 1940 The whole Act other than sections 1, 2, 18, 21, 39 and 41. No. 5 of 1941 Cork City Management (Amendment) Act, 1941 Sections 7, 8, 10 to 12, 22, 23 and 26. No. 15 of 1941 Local Officers and Servants (Dublin) Act, 1941 The whole Act. No. 23 of 1941 Local Government Act, 1941 Part II (insofar as it is not already repealed), Part III (insofar as it is not already repealed and other than section 41), section 67, Part VIII (insofar as it is not already repealed) and sections 76, 78, and 90. No. 13 of 1942 County Management (Amendment) Act, 1942 The whole Act. No. 8 of 1945 Local Government (Dublin) Act, 1945 The whole Act. No. 30 of 1945 Local Authorities (Acceptance of Gifts) Act, The whole Act. 1945 No. 24 of 1946 Local Government Act, 1946 Section 25, Part III (insofar as it is not already repealed) and Part IV and sections 70, 71, 73, 82, 83, 95 and 98. No. 24 of 1950 Limerick City Management Act, 1950 The whole Act. No. 9 of 1955 Local Government Act, 1955 Chapter 1 of Part II other than sections 21 and 24(2), sections 31 to 33, 40, 41, 51, 54, 58, 59, 65 and Part 1 of the Second Schedule. No. 12 of 1955 City and County Management (Amendment) Sections 2, 3, section 4 (except insofar as it Act, 1955 relates to a planning function within the meaning of section 44 of the Local Government Act, 1991 ), sections 5, 6, 12, 13, 15 to 17, 19 and 20. No. 9 of 1958 Local Government Act, 1958 The whole Act. No. 10 of 1959 Local Government Act, 1959 The whole Act. No. 40 of 1960 Local Government (No. 2) Act, 1960 Sections 11 and 12. No. 3 of 1962 Road Fund (Grants) (Temporary Provisions) The whole Act. Act, 1962 No. 8 of 1965 Cork City Management (Amendment) Act, 1965 The whole Act. No. 21 of 1966 Housing Act, 1966 Sections 85, 87 and 88. 40 PT. 1 S. 7 [No. 37.] Local Government Act 2001 [2001.] Secssion and Chapter Short Title Extent of Repeal or Number and Year No. 6 of 1968 Local Government (Roads and Drainage) Act, The whole Act. 1968 No. 32 of 1972 County Management (Amendment) Act, 1972 The whole Act. No. 35 of 1978 Local Government (Financial Provisions) Act, Section 13. 1978 No. 21 of 1983 Local Government (Financial Provisions) (No. Section 9. 2) Act, 1983 No. 7 of 1985 Local Government (Reorganisation) Act, 1985 Sections 5 to 7, Part III (insofar as it is not already repealed and other than section 9) and sections 19 to 23, and the First, Second, Third, and Fourth Schedules. No. 3 of 1986 Canals Act, 1986 Section 15. No. 28 of 1988 No. 28 of 1988 Section 27. No. 11 of 1991 Local Government Act, 1991 Parts II to IV and sections 41, 42 and 46 to 50, 53 and 54(a). No. 31 of 1993 Local Government (Dublin) Act, 1993 Part II and sections 39 and 40. No. 8 of 1994 Local Government Act, 1994 Part II other than section 11, Part III other than section 24, Part IV, Part VI and section 46 and Parts IX and X, sections 61 and 64 to 66 and the Third, Fourth and Fifth Schedules. No. 16 of 1998 Local Government Act, 1998 Sections 9 and 10. No. 25 of 2000 Local Government Act, 2000 The whole Act. Part 2 Orders Revoked Year and Number Short Title Extent of Revocation 1 2 3 1898 No. 1120 Local Government (Application of Enactments) Articles 8, 11, 12, 13, 15, 16, 24, 30, 33, 41, Order, 1898 43 to 46 of the Schedule to the Order. 1899 No. 44 Local Government (Adaptation of Irish Enact- Articles 4 to 7, 13, 15 to 17, 19 to 36, 42, 44 ments) Order, 1899 and 45. E89 Power pursuant to section exercised (1.01.2002) by Local Government Act, 2001 (Commencement) (No. 2) Order, 2001 (S.I. No. 551 of 2001). 2. On the 1st day of January, 2002, section 142 of the Local Government Act, 2001, shall come into operation. 3. On the 1st day of January, 2002, section 51 of the Local Government Act, 1991 (No. 11 of 1991) shall be repealed. E90 Power pursuant to section exercised (9.10.2001 and 1.01.2002) by Local Government Act, 2001 (Commencement) Order 2001 (S.I. No. 458 of 2001). 2. On the 9th day of October, 2001, subsections (1), (6) and (7) of section 1 and sections 2, 3, 4, 6, 7, 8 and 247 of the Local Government Act, 2001 shall come into operation. 3. On the 9th day of October, 2001 section 5(1) of, and Part 1 of Schedule 3 to, the Local Government Act, 2001 shall come into operation to the extent specified in the Schedule to this Order. 41 PT. 1 S. 7 [No. 37.] Local Government Act 2001 [2001.] 4. On the 1st day of January, 2002, Part 23 of the Local Government Act, 2001 shall come into operation. SCHEDULE Repeals Number Short Title Extent of Repeal No. 13 of 1937 Local Authorities (Electrical Employees) Act, The whole Act. 1937 No. 22 of 1940 Local Authorities (Cost of Living) Act, 1940 The whole Act. No. 34 of 1940 Unemployment (Relief Works) Act, 1940 The whole Act. No. 13 of 1945 Local Authorities (Cost of Living) (Amendment) The whole Act. Act, 1945 No. 9 of 1955 Local Government Act, 1955 Section 62. No. 12 of 1955 City and County Management (Amendment) Section 7 and sections 9 and 11 insofar as they Act, 1955 apply to an estimates committee. Expenses. 8.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PART 2 L OCAL G OVERNMENT A REAS AND L OCAL A UTHORITIES Establishment 9.—The Minister shall by order appoint a day to be the establishment day for the day. purposes of this Act. Annotations Editorial Notes: E91 Power pursuant to section exercised (1.01.2002) by Local Government Act, 2001 (Establishment Day) Order 2001 (S.I. No. 591 of 2001). Local government F12[10.—(1) The State has local government areas in accordance with this section. areas. (2) The State stands divided into local government areas to be known as— (a) counties, (b) cities, and (c) cities and counties, (each of which shall be known as a county, a city or a city and county as provided for and set out in columns 1 of Parts 1, 2 and 3, respectively, of Schedule 5. (3)(a) Subject to section 10 of the Local Government Reform Act 2014 F13[and section 8 of the Local Government Act 2019], the boundaries of a county referred to in subsection (2) are the boundaries of the corresponding county as existing immediately before 1 January 2002. 42 PT. 2 S. 10 [No. 37.] Local Government Act 2001 [2001.] (b) Subject to section 10 of the Local Government Reform Act 2014 F13[and section 8 of the Local Government Act 2019], the boundaries of a city referred to in subsection (2) are the boundaries of the corresponding county borough as existing immediately before 1 January 2002. (4) For the purposes of this section and subject to section 11(2) of the Local Government Reform Act 2014, all maps showing such boundaries prepared by the Chief Boundary Surveyor under the Survey (Ireland) Acts 1825 to 1870, or by the Commissioner of Valuation or otherwise in accordance with law continue to have all such force and effect as they had immediately before 1 January 2002. (5) This section is without prejudice to— (a) section 227, F13[(aa) Part 2 of the Local Government Act 2019] (b) Part V of the Local Government Act 1991, and (c) Part 2 of the Local Government Reform Act 2014. (6) This section is without prejudice to— (a) the continued use of the description city in relation to Kilkenny, to the extent that that description was used before 1 January 2002 and is not otherwise inconsistent with this Act, (b) the continued use of the description city in relation to Limerick and to Waterford, to the extent that each of those descriptions was used before the 2014 establishment day and is not otherwise inconsistent with this Act.] Annotations Amendments: F12 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 12(1) and 25(4)(b), S.I. No. 214 of 2014. F13 Inserted (31.01.2019) by Local Government Act 2019 (1/2019), s. 35(a), S.I. No. 20 of 2019. Modifications (not altering text): C8 Alternate commencement date for amendments to local government areas by Local Government Reform Act 2014 (1/2014), s. 12, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(a), commenced as per s. 28(5). Elections to local authorities in 2014 28. (1) For the purpose of holding in 2014 elections of members of local authorities— (a) the local government areas provided for by section 10 of, and Schedule 5 to, the Principal Act shall have effect as amended by section 12, ... (5) This section has effect upon the passing of this Act. Establishment, 11.—F14[(1) On and from the 2014 establishment day and for the purposes of local titles and adminis- government, the areas referred to in subsection (2) of section 10 (as amended by trative areas of local authorities section 12(1) of the Local Government Reform Act 2014) shall each have a local and consequen- authority as provided for in this section. tial provisions. (2) With effect from the 2014 establishment day— 43 PT. 2 S. 11 [No. 37.] Local Government Act 2001 [2001.] (a) for each county set out in Part 1 of Schedule 5 (as amended by section 12(2) of the Local Government Reform Act 2014)— (i) in the case of Tipperary, there stands established, under this section, and (ii) in every other case there continues to stand established under this section, a body for the purposes of local government, (b) for each city set out in Part 2 of Schedule 5 (as so amended) there continues to stand established under this section a body for the purposes of local government, and (c) for each city and county set out in Part 3 of Schedule 5 (as so amended) there stands established under section 13(1) of the Local Government Reform Act 2014 a body for the purposes of local government, and each such body is a local authority and each such county, city, or city and county, as the case may be, is its administrative area. (3) The local authorities referred to in subsection (2) are the primary units of local government and shall be known by— (a) in the case of a county set out in Part 1 of Schedule 5— (i) in the Irish language, the name of the local authority concerned as set out in column 2 of Chapter 1 of that Part opposite the mention in column 1 of that county, (ii) in the English language, the name of the local authority concerned as set out in column 2 of Chapter 2 of that Part opposite the mention in column 1 of that county, (b) in the case of a city set out in Part 2 of Schedule 5— (i) in the Irish language, the name of the local authority concerned as set out in column 2 of Chapter 1 of that Part opposite the mention in column 1 of that city, (ii) in the English language, the name of the local authority concerned as set out in column 2 of Chapter 2 of that Part opposite the mention in column 1 of that city, and (c) in the case of a city and county set out in Part 3 of Schedule 5— (i) in the Irish language, the name of the local authority concerned as set out in column 2 of Chapter 1 of that Part opposite the mention in column 1 of that city and county, (ii) in the English language, the name of the local authority concerned as set out in column 2 of Chapter 2 of that Part opposite the mention in column 1 of that city and county.] (4) F15[...] (5) F14[(a) In respect of a local authority to which subsection (3) relates, each member (being directly elected or co-opted in accordance with this Act) shall be known as a councillor and, without prejudice to sections 22B and 22C, collectively shall comprise the elected council of the local authority.] (b) Each local authority shall have a Cathaoirleach and Leas-Chathaoirleach elected in accordance with Part 5. 44 PT. 2 S. 11 [No. 37.] Local Government Act 2001 [2001.] F14[(6) For the purposes of functions conferred on it by or under this or any other enactment— (a) a county council has jurisdiction throughout its administrative area, (b) a city council has jurisdiction throughout its administrative area, (c) a city and county council has jurisdiction throughout its administrative area.] (7) A local authority to which F14[subsection (3)] relates shall— (a) continue to be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold, manage, maintain and dispose of land or any interest in land, (b) have a seal which shall be judicially noticed and every document claiming to be an instrument made by it and to be sealed with its seal (claiming to be authenticated in accordance with subsection (8)) shall be received in evidence and be deemed to be that instrument without further proof unless the contrary is shown. (8) The seal referred to in subsection (7)(b) shall be authenticated by the signature of the Cathaoirleach or of an employee of the authority nominated in writing for that purpose by the F16[chief executive] following consultation with the Cathaoirleach. (9) Any seal used immediately before the establishment day by a local authority to which this section relates continues to have all such force and effect as it had imme- diately before that day. (10) Notwithstanding subsection (9), at any time after the establishment day a local authority to which this section relates may provide itself with a new seal which shall be judicially noticed and subsection (7) regarding the evidential value of the seal applies also to such seal. (11) Notwithstanding the repeal of enactments relating to its establishment and constitution, F14[a county council or county borough corporation in being immediately before the establishment day], continue in being but subject to the provisions of this Act applying and having effect. F17[(11A) In respect of a dissolved authority, within the meaning of the Local Government Reform Act 2014, and with effect from the commencement of the provision under that Act for such dissolution of the authority, subsection (11) ceases to have effect in respect of that authority.] (12) Subsection (11) applies and has effect in relation to the continuation in being of the bodies mentioned in that subsection notwithstanding any change brought about by this Act in the corporate name of any such body or in its corporate status or constitution and the functions vested by any enactment in such body shall, subject to the provisions of this Act, continue to stand so vested. (13) A reference in any other enactment or other document to a local authority (being a local authority which continues to stand established) by its name applying before it was changed under this Act shall be read as a reference to that body as renamed. (14) All acts done and decisions made before the establishment day by a local authority (which continues to stand established under this section), whether by resolution, F16[chief executive’s order] or otherwise, shall subject to this Act continue to have all such force and effect as they had immediately before that day. (15) (a) The land and other property and all rights related thereto which was, before the establishment day, vested in or held by a local authority which continues to stand established under this section continues, subject to the provisions 45 PT. 2 S. 11 [No. 37.] Local Government Act 2001 [2001.] of this Act, to be so vested or held by that authority for the same estate, right, title or interest and may be disposed of in accordance with Part 16. (b) Paragraph (a) is without prejudice to the generality of subsection (14). (16) Subject to this Act, royal charters and letters patent relating to local authorities shall continue to apply for ceremonial and related purposes in accordance with local civic tradition but shall otherwise cease to have effect. F17[(16A) Notwithstanding the dissolution of certain local authorities by Part 2 of the Local Government Reform Act 2014 with effect from the 2014 establishment day or the dissolution of town councils by Chapter 2 of Part 3 of that Act with effect from the transfer date, subsection (16) continues to apply to any city or town concerned.] (17)(a) This section is without prejudice to section 73 F14[or Part 21]. (b) Subsection (6) is without prejudice to Part 10. Annotations Amendments: F14 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 14(a), (c), (d), (e), (f) and (i), S.I. No. 214 of 2014. F15 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 14(b) and 25(4)(c)(i), S.I. No. 214 of 2014. F16 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 19-20, S.I. No. 214 of 2014. F17 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 14(g) , (h) and 25(4)(c)(ii), S.I. No. 214 of 2014. Modifications (not altering text): C9 Alternate commencement date for amendments to section by Local Government Reform Act 2014 (1/2014), s. 14, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(b), commenced as per s. 28(5). Elections to local authorities in 2014 28. (1) For the purpose of holding in 2014 elections of members of local authorities— ... (b) the amendments by section 14 to section 11 of the Principal Act shall have effect, ... (5) This section has effect upon the passing of this Act. PART 3 L OCAL A UTHORITY M EMBERSHIP Eligibility for 12.—Subject to section 14 and to the disqualifications set out in F18[sections 13 local authority and 13A] and to the provisions of section 19 relating to co-option, a person is eligible membership. for election or co-option to, and membership of, a local authority, if he or she is a citizen of Ireland or is ordinarily resident in the State and has or will attain the age of 18 years— (a) on or before polling day at a local election, or 46 PT. 3 S. 12 [No. 37.] Local Government Act 2001 [2001.] (b) if there is no poll, the latest day for receiving nominations at the election, or on or before the day of co-option to a local authority. Annotations Amendments: F18 Substituted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment. Disqualifications 13.—(1) Subject to subsection (2), a person is disqualified from being elected or co- from local opted to, or from being a member of a local authority if he or she— authority membership. (a) is a member of the Commission of the European Community, or (b) is a representative in the European Parliament, or (c) is a Judge, Advocate General or Registrar of the Court of Justice of the European Community, or (d) is a member of the Court of Auditors of the European Community, or (e) is a Minister of the Government or a Minister of State or the chairman of Dáil Éireann (An Ceann Comhairle), or the chairman of Seanad Éireann, or (f) is appointed under the Constitution as a Judge or as the Comptroller and Auditor General, or (g) is a member of the Garda Síochána or a wholetime member of the Defence Forces as defined in section 11(4)(b) of the Electoral Act, 1992, or (h) is a civil servant who is not by terms of employment expressly permitted to be a member of a local authority, or F19[(i) is a person employed by a local authority, the Health Service Executive or the Child and Family Agency and is not the holder of a class, description or grade of employment designated by order under section 161(1)(b) or deemed to have been made under that section, or] F20[(ii) is a person employed by the Health Service Executive and is at a grade or of a description of employment designated by order of the Minister for Health and Children, or] (j) is undergoing a sentence of imprisonment for any term exceeding 6 months imposed by a court of competent jurisdiction in the State, or (k) fails to pay any sum or any portion of any sum charged or surcharged, by an auditor of the accounts of any local authority, upon or against that person, or (l) fails to comply with a final judgement, order or decree of a court of competent jurisdiction, for payment of money due to any local authority, or (m) is convicted of, or has had a conviction confirmed on appeal for, an offence relating to any of the following: (i) fraudulent or dishonest dealings affecting a local authority; (ii) corrupt practice; (iii) acting when disqualified. 47 PT. 3 S. 13 [No. 37.] Local Government Act 2001 [2001.] (2)(a) A disqualification arising under subsection (1)(k) commences— (i) where no appeal is taken, on the expiration of the time limit for an appeal, or (ii) where an appeal is taken to the Minister or the High Court, on the expira- tion of one month from the date of an order confirming the charge or surcharge, and the disqualification shall be for 5 years from the date of its commence- ment. (b) A disqualification arising under subsection (1)(l) comes into effect on the seventh day after the last day for compliance with the relevant final judge- ment, order or decree and the disqualification shall be for 5 years from such last day. (c) A disqualification arising under subsection (1)(m) commences— (i) where no appeal is taken against the conviction, when the time limit for taking an appeal has passed, or (ii) where an appeal is taken against the conviction and the appeal is disal- lowed, one month from the determination of the appeal, and the disqualification shall be for 5 years from the date of conviction or determination of the appeal, as the case may be. (3) Nothing in this section operates to prejudice any disqualification referred to in section 182 or in section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999, or in any other enactment. Annotations Amendments: F19 Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 15 item 2, S.I. No. 502 of 2013. F20 Inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 21 item 2, S.I. No. 887 of 2004, art. 2(i). F21[ Application 13A.—(1) A person who is a member of either House of the Oireachtas is disqualified of disqualification from being elected or co-opted to, or from being a member of, a local authority. to members of Dáil Éireann and Seanad Éireann. (2) In respect of local elections to be held in the year 2004 and thereafter, section 13(1) shall be read as if the following were substituted for paragraph (e): ‘(e) is a member of Dáil Éireann or Seanad Éireann, or’.] Annotations Amendments: F21 Inserted (2.06.2003) by Local Government (No. 2) Act 2003) (17/2003), s. 2(1), commenced on enactment, subject to transitional provision in subs. (2). 48 PT. 3 S. 14 [No. 37.] Local Government Act 2001 [2001.] Prohibition on F22[14.— A person shall not hold membership simultaneously of more than one multiple member- local authority.] ship of local authorities. Annotations Amendments: F22 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 21, S.I. No. 214 of 2014. Offence to act 15.—(1) A person is guilty of an offence if he or she knowingly acts as a member of when disquali- a local authority when disqualified, or knowingly votes when prohibited by or under fied. any enactment. F23[(1A) Subsection (1) applies to a member of a local authority in performing functions as a municipal district member in the same manner as it applies to a member of a local authority in performing functions as a member of a local authority or a member of the council of a local authority.] (2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding £1,500 for each such offence. (3) An offence under this section may be prosecuted by a local government elector or a local authority. (4) This section is without prejudice to any other disqualification or penalty arising out of the actions of the person concerned. Annotations Amendments: F23 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 22, S.I. No. 214 of 2014. Cesser of 16.—(1) A person ceases to be a member of a local authority and a casual vacancy membership. arises in its membership immediately upon he or she becoming disqualified from membership of a local authority under F24[sections 13, 13A] or 182, or under section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999 F25[, or upon an order under subsection (4)(b) of section 17 of the Criminal Justice (Corruption Offences) Act 2018 for the forfeiture of the office of the person as a member of the local authority taking effect under subsection (6) of that section]. (2) When a person ceases to be a member of a local authority under this section he or she also ceases to be a member of any body to which he or she— (a) was elected, nominated or appointed by a local authority, or (b) is a member by virtue of being a member of a local authority. (3) Nothing in subsection (1) or (2) shall be read so as to affect the validity of anything previously done by the person while a member of the local authority or of the body concerned. (4) A person to whom a disqualification referred to in subsection (1) applies is so disqualified from being or becoming a member of any committee, joint committee or joint body. 49 PT. 3 S. 16 [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F24 Substituted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment. F25 Inserted (30.07.2018) by Criminal Justice (Corruption Offences) Act 2018 (9/2018), s. 33, S.I. No. 298 of 2018. Term of office. 17.—(1) In this section— “incoming members” has the meaning given in subsection (3)(b); “ordinary day of retirement”, in relation to the outgoing members of a local authority, means the seventh day— (a) after the polling day at the election of the incoming members of the local authority, or (b) where the poll for any local electoral area of the local authority or for any polling station at the election of incoming members of the local authority is for any reason countermanded, interrupted or adjourned, after the day on which the poll is completed or the fresh poll is held. (2) Subject to this Act, the members of a local authority hold office until the next ordinary day of retirement and retire together on that day as provided for by this section. (3) On the ordinary day of retirement— (a) each of the outgoing members of the local authority retires, and (b) each person elected at the election comes into office as a member of the local authority (in this section collectively referred to as the “incoming members”). (4) The term of office of a member of a local authority continues until the next ordinary day of retirement of members of the local authority, unless such member sooner dies, resigns, becomes disqualified, is removed from office or otherwise ceases to be a member of the local authority. Annotations Modifications (not altering text): C10 Certain references to “ordinary day of retirement” construed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(3), commenced as per s. 28(5). Elections to local authorities in 2014 28. ... (3) For the purposes of the local elections held in 2014, the definition of “ordinary day of retirement” in section 17(1) of the Principal Act shall be read— (a) in the case of every local authority (including a local authority that is being dissolved under section 17)— (i) as if the reference in that definition to the seventh day after the polling day at the election of the incoming members of the local authority were a reference to the 2014 establishment day, and (ii) as if the reference to the seventh day after the date provided for the purposes of paragraph (b) of that definition were a reference to the 2014 establishment day or 50 PT. 3 S. 17 [No. 37.] Local Government Act 2001 [2001.] the seventh day after the day on which the poll is completed or the fresh poll held, whichever is the later, and (b) in the case of a local authority that is being dissolved under section 24, as if that definition referred to the transfer date and to no other day referred to in that definition. ... Resignation from 18.—(1) A member of a local authority may resign from membership by notice in membership. writing signed by him or her and delivered to the principal offices of the local authority. (2) A person ceases to be a member of the local authority— (a) on the date specified in the notice as the resignation date, or (b) where no date is specified, on receipt of the notice, and accordingly a casual vacancy occurs in the membership of the local authority. (3) A person who resigns from membership of a local authority under this section also ceases on such resignation to be a member of any body— (a) to which he or she was elected, nominated or appointed by the local authority, or (b) of which he or she is a member by virtue of being a member of the local authority. (4) (a) A person shall be deemed to have resigned from membership of a local authority where the person is absent from attendance at any meeting of the authority for a continuous period of 6 consecutive months (“the relevant period”) from the date (“the relevant date”) of his or her last attendance at a meeting of the authority. (b) paragraph (a) does not apply where the absence was— (i) due to illness, or (ii) in good faith for another reason, and which, in either case, is accepted by the local authority and approved by resolution under this paragraph before the end of the relevant period, in which case the period shall stand extended to 12 months from the relevant date. (c) Where a resolution is passed under paragraph (b) and the continuous period of absence continues uninterrupted— (i) due to illness, or (ii) in good faith for another reason, and, in either case, is accepted by the local authority and approved by reso- lution under this paragraph before the expiry of the relevant period as extended under paragraph (b), then the period shall stand extended to 18 months from the relevant date. (d) A casual vacancy under this subsection occurs on the next day after— (i) in the case of paragraph (a), the end of the relevant period, 51 PT. 3 S. 18 [No. 37.] Local Government Act 2001 [2001.] (ii) in the case of paragraph (b), the end of the relevant period as extended under that paragraph, or (iii) in the case of paragraph (c), the end of the relevant period as extended to 18 months under that paragraph. F26[(5) In relation to a local authority, attendance as a member at a meeting of— (a) any committee or joint committee or joint body of the authority, or (b) the municipal district members, shall be deemed for the purposes of subsection (4) to be attendance at a meeting of the authority.] Annotations Amendments: F26 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 23, S.I. No. 214 of 2014. Casual vacancies. 19.—(1) A casual vacancy in the membership of a local authority occurs— (a) where section 16(1) applies, (b) upon the death or resignation (including deemed resignation by virtue of section 18(4)) of a member of a local authority, F27[(c) in such circumstances as are set out in articles 25, 28, 124 and 125 of the Local Elections Regulations 1995 (S.I. No. 297 of 1995),] (d) in such circumstances as may be prescribed by regulations made by the Minister under section 27, or (e) in such circumstances as are referred to in section 15(1) of the Local Elections (Petitions and Disqualifications) Act, 1974. (2) It is the duty of the meetings administrator to notify the members of the local authority in writing on becoming aware that a casual vacancy has or may have occurred. (3) (a) A casual vacancy shall be filled by the co-option by the local authority of a person to fill the vacancy and except where paragraph (c) or (d) or (e) of subsection (1) apply, subject to such person being nominated by the same registered political party who nominated for election or co-option the member who caused the casual vacancy. (b) Where the person causing the casual vacancy was a non-party candidate at his or her election to the local authority, the vacancy shall be filled by the co-option by the local authority of a person to fill the vacancy (except where paragraph (c) or (d) or (e) of subsection (1) apply) in accordance with such requirements and procedures as may be set out in its standing orders. (c) A local authority shall in making standing orders consider the inclusion of provisions for the purposes of paragraph (b). (4) (a) A co-option shall be made, after due notice, at the next meeting of the local authority after the expiration of 14 days from the occurrence of the vacancy or as soon after the expiration of the 14 days as circumstances permit. 52 PT. 3 S. 19 [No. 37.] Local Government Act 2001 [2001.] (b) In this subsection “due notice” means not less than 3 clear days’ notice given in writing to every member of the local authority. (5) A person is not to be proposed at a meeting of the local authority for co-option without his or her prior written consent. (6) A person co-opted to fill a casual vacancy shall be a member of the local authority until the next ordinary day of retirement of members of that local authority unless he or she sooner ceases to be a member. Annotations Amendments: F27 Substituted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment. Savers (Part 3). 20.—F28[(1) The acts, decisions and proceedings of a local authority or of the municipal district members shall not be invalidated only because of a vacancy or vacancies in its membership or of the disqualification or want of qualification of any of its members.] (2) Subsection (1) is without prejudice to the requirements of paragraph 11 of Schedule 10 in respect of the quorum for a meeting of a local authority. (3) Any person who immediately before the establishment day is a member of a local authority shall, on and from such day, continue as such member subject to and in accordance with this Act. (4) A person to whom subsection (3) applies and who is an alderman shall continue to bear that title until the next ordinary day of retirement after the commencement of this provision, or until his or her otherwise ceasing to be a member of the local authority, whichever is the earlier. Annotations Amendments: F28 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 24, S.I. No. 214 of 2014. Number of F29[21.—(1) Subject to section 22, each county council, city council and city and members of local county council consists of the number of members specified in Parts 1, 2 and 3, authorities, etc. respectively, of Schedule 7 opposite the reference to the county council, city council or city and county council concerned. (2) Without prejudice to paragraph 11 of Schedule 10, where a provision of this Act provides that at least a specified proportion of the total number of members of a local authority or of the municipal district members is necessary in relation to the doing of any particular act, then in a case where such proportion consists of a whole number and a remainder, the whole number shall of itself be sufficient.] 53 PT. 3 S. 21 [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F29 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 15(a), S.I. No. 214 of 2014. Modifications (not altering text): C11 Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 4, in effect as per reg. 3. Proportion of the total number of municipal district members necessary in relation to the doing of any particular act 4. The provisions of section 21(3) of the Act shall apply to the proportion of the total number of municipal district members of a local authority necessary in relation to the doing of any partic- ular act, in relation to municipal district members for a municipal district, as if the reference to “the total number of members of a local authority” were a reference to “the total number of municipal district members”. C12 Alternate commencement date for amendments to numbers of local authorities by Local Government Reform Act 2014 (1/2014), s. 15, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(c), commenced as per s. 28(5). Elections to local authorities in 2014 28. (1) For the purpose of holding in 2014 elections of members of local authorities— ... (c) the numbers of members of local authorities provided for in section 21 of, and Schedule 7 to, the Principal Act shall have effect as amended by section 15, ... (5) This section has effect upon the passing of this Act. Editorial Notes: E92 Previous affecting provision: subs. (1) amended (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment; substituted as per F-note above. Alteration of 22.—(1)F30[(a) A county council, a city council or a city and county council may by number of resolution adopt a proposal (in this section referred to as a ‘proposal’) for members of local authority. the alteration of the number of members of that council.] (b) A proposal under paragraph (a) and a public notice under paragraph (d) shall specify the current number of members of the authority and the number by which it is proposed to be altered and whether by way of increase or decrease. (c) It is necessary for the adoption of a proposal under paragraph (a) that at least one-half of the total number of members of the authority vote in favour of the resolution. (d) Before adopting a proposal the local authority shall invite submissions on it from the public by way of a public notice and the authority shall consider any submissions received. (e) Following the adoption of a resolution under this subsection a local authority may make application to the Minister for an alteration in the number of members. (2) Where an application has been duly made to the Minister under subsection (1), the Minister may by order alter the number of members of the F30[county council, 54 PT. 3 S. 22 [No. 37.] Local Government Act 2001 [2001.] city council or city and county council] concerned, whether or not to the extent proposed. F30[(3) Before deciding whether to make an order under subsection (2), the Minister shall request a committee in accordance with section 32 of the Local Government Act 1991 to prepare a report with respect to the application and Part V of that Act applies to such a request and report.] (4) An order under subsection (2) shall not apply to any local elections which occur within 6 months of the making of the order but shall apply to any subsequent local elections. (5) F31[...] F30[(6) An application under this section shall not be made to the Minister within 5 years of— (a) the commencement of section 15 of the Local Government Reform Act 2014 (which inserts a new Schedule 7 to this Act), or (b) the decision by the Minister on any previous application by the local authority concerned, whichever is the later.] Annotations Amendments: F30 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 25-27 and 29, S.I. No. 214 of 2014. F31 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 28, S.I. No. 214 of 2014. F32[ PART 3A M UNICIPAL D ISTRICTS Municipal 22A.— (1) Subject to subsection (4), every county and city and county set out in districts Part 1 and Part 3, respectively, of Schedule 5 shall have 2 or more districts (each consisting of one or more than one local electoral area) to be known as a municipal district and collectively as municipal districts, as the Minister shall determine by order made under section 23(1)(c). (2) Where— (a) a municipal district contains the administrative area of the former Limerick City Council or the former Waterford City Council that were dissolved with effect from the 2014 establishment day, then, notwithstanding subsection (1), each of those municipal districts so containing shall be known— (i) in the Irish language, as ‘Ceantar Cathrach.................’ followed by the name of the municipal district in Irish, and (ii) in the English language, as ‘the Metropolitan District of.................’ followed by the name of the municipal district in English, and those municipal districts may each be referred to as a ‘metropolitan district’, 55 PT. 3A S. 22A [No. 37.] Local Government Act 2001 [2001.] (b) a municipal district contains the administrative area of the former borough of Clonmel, the former borough of Drogheda, the former borough of Sligo or the former borough of Wexford that were dissolved with effect from the transfer date, then, notwithstanding subsection (1), each of those municipal districts so containing shall be known— (i) in the Irish language, as ‘Ceantar Buirge.................’ followed by the name of the municipal district in Irish, and (ii) in the English language, as ‘the Borough District of.................’ followed by the name of the municipal district in English, and any such municipal district may be referred to as a ‘borough district’, and (c) a municipal district contains the administrative area of the former borough of Kilkenny, that was dissolved with effect from the transfer date, then, notwithstanding subsection (1), the municipal district so containing shall be known— (i) in the Irish language, as ‘Ceantar Bardasach Chathair Chill Chainnigh’, and (ii) in the English language, as ‘the Municipal District of Kilkenny City’. (3) In the case of a municipal district in respect of which a designation referred to in subsection (2) does not apply, the municipal district shall be known— (a) in the Irish language, as ‘Ceantar Bardasach.................’ followed by the name of the municipal district in Irish, and (b) in the English language, as ‘the Municipal District of.................’ followed by the name of the municipal district in English. (4) Subsection (1) does not apply in the case of the counties of Dun Laoghaire- Rathdown, Fingal and South Dublin. (5) This section has effect in respect of the local elections for the year 2014 and subsequent local elections and, accordingly— (a) a municipal district shall continue in existence until it ceases by order under section 23(1)(c), and (b) its area shall continue to be that as determined by the order under section 23(1)(c), subject to any subsequent provision relating to its area being made by such an order.] Annotations Amendments: F32 Inserted (30.01.2014 and 1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 19, S.I. Nos. 38 and 214 of 2014. Editorial Notes: E93 Municipal districts for purposes of section prescribed (31.01.2014) by County of Wicklow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 70 of 2014), art. 4. E94 Municipal districts for purposes of section prescribed (31.01.2014) by County of Wexford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 69 of 2014), art. 4. E95 Municipal districts for purposes of section prescribed (31.01.2014) by County of Westmeath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 68 of 2014), art. 5. 56 PT. 3A S. 22A [No. 37.] Local Government Act 2001 [2001.] E96 Municipal districts for purposes of section prescribed (31.01.2014) by City and County of Waterford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 67 of 2014), art. 4. E97 Municipal districts for purposes of section prescribed (31.01.2014) by County of Tipperary Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 66 of 2014), art 4. E98 Municipal districts for purposes of section prescribed (31.01.2014) by County of Sligo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 64 of 2014), art. 4. E99 Municipal districts for purposes of section prescribed (31.01.2014) by County of Roscommon Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 63 of 2014), art. 4. E100 Municipal districts for purposes of section prescribed (31.01.2014) by County of Offaly Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 62 of 2014), art. 4. E101 Municipal districts for purposes of section prescribed (31.01.2014) by County of Monaghan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 61 of 2014), art 4. E102 Municipal districts for purposes of section prescribed (31.01.2014) by County of Meath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 60 of 2014), art. 4. E103 Municipal districts for purposes of section prescribed (31.01.2014) by County of Mayo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 59 of 2014), art. 4. E104 Municipal districts for purposes of section prescribed (31.01.2014) by County of Louth Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 58 of 2014), art. 5. E105 Municipal districts for purposes of section prescribed (31.01.2014) by County of Longford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 57 of 2014), art. 4. E106 Municipal districts for purposes of section prescribed (31.01.2014) by City and County of Limerick Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 56 of 2014), art. 4. E107 Municipal districts for purposes of section prescribed (31.01.2014) by County of Leitrim Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 55 of 2014), art. 4. E108 Municipal districts for purposes of section prescribed (31.01.2014) by County of Laois Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 54 of 2014), art. 4. E109 Municipal districts for purposes of section prescribed (31.01.2014) by County of Kilkenny Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 53 of 2014), art. 5. E110 Municipal districts for purposes of section prescribed (31.01.2014) by County of Kildare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 52 of 2013), art. 5. E111 Municipal districts for purposes of section prescribed (31.01.2014) by County of Kerry Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 51 of 2014), art. 4. E112 Municipal districts for purposes of section prescribed (31.01.2014) by County of Galway Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 50 of 2014), art. 4. E113 Municipal districts for purposes of section prescribed (31.01.2014) by County of Donegal Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 44 of 2014), art. 4. E114 Municipal districts for purposes of section prescribed (31.01.2014) by County of Cork Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 43 of 2014), art. 4. E115 Municipal districts for purposes of section prescribed (31.01.2014) by County of Clare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 42 of 2014), art. 4. E116 Municipal districts for purposes of section prescribed (31.01.2014) by County of Cavan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 41 of 2014), art. 4. E117 Municipal districts for purposes of section prescribed (31.01.2014) by County of Carlow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 40 of 2014), art. 4. 57 PT. 3A S. 22B [No. 37.] Local Government Act 2001 [2001.] F33[ Members for 22B.— The members of a county council or city and county council, elected in municipal accordance with this Act for the local electoral areas situated in a municipal district districts of the county or the city and county concerned (as the case may be), collectively comprise the council membership for that municipal district for the purpose of the performance in that collective capacity of functions of the county council or city and county council in accordance with section 131A and, in respect of each municipal district, collectively shall be known as the municipal district members.] Annotations Amendments: F33 Inserted (30.01.2014 and 1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 19, S.I. Nos. 38 and 214 of 2014. F34[ Cathaoir- 22C.— In the case of each municipal district, the municipal district members shall leach of munici- elect a Cathaoirleach and Leas-Chathaoirleach in accordance with Part 5.] pal district Annotations Amendments: F34 Inserted (30.01.2014 and 1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 19, S.I. Nos. 38 and 214 of 2014. PART 4 L OCAL E LECTIONS Local electoral 23.—F35[(1) Subject to and without prejudice to Part V of the Local Government areas. Act 1991 (as amended by the Local Government Act 1994), the Minister may by order— (a) divide each county, city or city and county referred to in section 10(2) into local electoral areas, (b) fix the number of members to be elected for each local electoral area, and (c) determine the municipal districts within a county or a city and county for the purposes of section 22A, each of which shall consist of one or more than one local electoral area. (1A) Subsection (1)(c) does not apply in respect of the counties of Dun Laoghaire- Rathdown, Fingal and South Dublin.] (2) The number of members of a local authority to which an order under this section relates to be elected at an election of members of the local authority held after the making of the order for each local electoral area specified in the order shall, without prejudice to any subsequent order, be the number fixed by the order for the local electoral area. F36[(3) Where, on the commencement of this provision, an order is in force dividing a local government area referred to in section 10(2) into local electoral areas or fixing the number of members for each local electoral area, the order shall continue in force in relation to that area and be deemed to be an order under this section and may be amended or revoked accordingly.] 58 PT. 4 S. 23 [No. 37.] Local Government Act 2001 [2001.] (4) In respect of F36[any local electoral area in a local government area referred to in section 10(2)], the Minister may by order— (a) amend, modify, or revoke any division made by an order under this section, including an order under this subsection or an order deemed by subsection (3) to be an order under this section, or (b) alter the number of members of the local authority to be elected for a local electoral area by virtue of an order under this section, including an order under this subsection or an order deemed by subsection (3) to be an order under this section. (5) An order under this section shall first have effect for the purpose of the election of members of the local authority held next after the order is made. (6) F37[...] (7) F37[...] (8) F37[...] Annotations Amendments: F35 Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 20(1)(a), S.I. No. 214 of 2014. F36 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 20(1)(b), (c), S.I. No. 214 of 2014. F37 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 20(1)(d), S.I. No. 214 of 2014. Modifications (not altering text): C13 Alternate commencement date for amendments by Local Government Reform Act 2014 (1/2014), s. 20(1), specified (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(d), commenced as per s. 28(5). Elections to local authorities in 2014 28. (1) For the purpose of holding in 2014 elections of members of local authorities— ... (d) the amendments by section 20(1) to section 23 of the Principal Act shall have effect, ... (5) This section has effect upon the passing of this Act. Editorial Notes: E118 Power pursuant to section exercised (16.04.2019) by County Of Kerry Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 157 of 2019). E119 Power pursuant to section exercised (16.04.2019) by County Of Tipperary Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 156 of 2019). E120 Power pursuant to section exercised (31.01.2019) by County Of Cork Local Electoral Areas And Municipal Districts Order 2019 (S.I. No. 28 of 2019), in effect as per art. 5. E121 Power pursuant to section exercised (31.01.2019) by City Of Cork Local Electoral Areas Order 2019 (S.I. No. 27 of 2019), in effect as per art. 4. E122 Power pursuant to section exercised (17.01.2019) by County Of Meath Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 8 of 2019). 59 PT. 4 S. 23 [No. 37.] Local Government Act 2001 [2001.] E123 Power pursuant to section exercised (17.01.2019) by County Of Wicklow Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 7 of 2019). E124 Power pursuant to section exercised (17.01.2019) by County Of Louth Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 6 of 2019). E125 Power pursuant to section exercised (19.12.2018) by County of Wicklow Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 638 of 2018). E126 Power pursuant to section exercised (19.12.2018) by County of Wexford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 637 of 2018). E127 Power pursuant to section exercised (19.12.2018) by County of Westmeath Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 636 of 2018). E128 Power pursuant to section exercised (19.12.2018) by City and County of Waterford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 635 of 2018). E129 Power pursuant to section exercised (19.12.2018) by County of Tipperary Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 634 of 2018). E130 Power pursuant to section exercised (19.12.2018) by County of South Dublin Local Electoral Areas Order 2018 (S.I. No. 633 of 2018). E131 Power pursuant to section exercised (19.12.2018) by County of Sligo Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 632 of 2018). E132 Power pursuant to section exercised (19.12.2018) by County of Roscommon Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 631 of 2018). E133 Power pursuant to section exercised (19.12.2018) by County of Offaly Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 630 of 2018). E134 Power pursuant to section exercised (19.12.2018) by County of Monaghan Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 629 of 2018). E135 Power pursuant to section exercised (19.12.2018) by County of Meath Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 628 of 2018). E136 Power pursuant to section exercised (19.12.2018) by County of Mayo Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 627 of 2018). E137 Power pursuant to section exercised (19.12.2018) by County of Louth Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 626 of 2018). E138 Power pursuant to section exercised (19.12.2018) by County of Longford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 625 of 2018). E139 Power pursuant to section exercised (19.12.2018) by City and County of Limerick Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 624 of 2018). E140 Power pursuant to section exercised (19.12.2018) by County of Leitrim Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 623 of 2018). E141 Power pursuant to section exercised (19.12.2018) by County of Laois Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 622 of 2018). E142 Power pursuant to section exercised (19.12.2018) by County of Kilkenny Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 621 of 2018). E143 Power pursuant to section exercised (19.12.2018) by County of Kildare Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 620 of 2018). E144 Power pursuant to section exercised (19.12.2018) by County of Kerry Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 619 of 2018). 60 PT. 4 S. 23 [No. 37.] Local Government Act 2001 [2001.] E145 Power pursuant to section exercised (19.12.2018) by County of Galway Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 618 of 2018). E146 Power pursuant to section exercised (19.12.2018) by City of Galway Local Electoral Areas Order 2018 (S.I. No. 617 of 2018). E147 Power pursuant to section exercised (19.12.2018) by County of Fingal Local Electoral Areas Order 2018 (S.I. No. 616 of 2018). E148 Power pursuant to section exercised (19.12.2018) by County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2018 (S.I. No. 615 of 2018). E149 Power pursuant to section exercised (19.12.2018) by City of Dublin Local Electoral Areas Order 2018 (S.I. No. 614 of 2018). E150 Power pursuant to section exercised (19.12.2018) by County of Donegal Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 613 of 2018). E151 Power pursuant to section exercised (19.12.2018) by County of Clare Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 612 of 2018). E152 Power pursuant to section exercised (19.12.2018) by County of Cavan Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 611 of 2018). E153 Power pursuant to section exercised (19.12.2018) by County of Carlow Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 610 of 2018). E154 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Wicklow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 70 of 2014); revoked (19.12.2018) by County of Wicklow Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 638 of 2018), art. 5. E155 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Wexford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 69 of 2014); revoked (19.12.2018) by County of Wexford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 637 of 2018), art. 6. E156 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Westmeath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 68 of 2014); revoked (19.12.2018) by County of Westmeath Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 636 of 2018), art. 5. E157 Previous affecting provision: power pursuant to section exercised (31.01.2014) by City and County of Waterford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 67 of 2014); revoked (19.12.2018) by City and County of Waterford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 635 of 2018), art. 5. E158 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Tipperary Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 66 of 2014); revoked (19.12.2018) by County of Tipperary Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 634 of 2018), art. 5. E159 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of South Dublin Local Electoral Areas Order 2014 (S.I. No. 65 of 2014); revoked (19.12.2018) by County of South Dublin Local Electoral Areas Order 2018 (S.I. No. 633 of 2018), art. 5. E160 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Sligo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 64 of 2014); revoked (19.12.2018) by County of Sligo Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 632 of 2018), art. 5. E161 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Roscommon Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 63 of 2014); revoked (19.12.2018) by County of Roscommon Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 631 of 2018), art. 5. 61 PT. 4 S. 23 [No. 37.] Local Government Act 2001 [2001.] E162 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Offaly Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 62 of 2014); revoked (19.12.2018) by County of Offaly Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 630 of 2018), art. 5. E163 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Monaghan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 61 of 2014); revoked (19.12.2018) by County of Monaghan Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 629 of 2018), art. 5. E164 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Meath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 60 of 2014); revoked (19.12.2018) by County of Meath Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 628 of 2018), art. 6. E165 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Mayo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 59 of 2014); revoked (19.12.2018) by County of Mayo Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 627 of 2018), art. 5. E166 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Louth Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 58 of 2014); revoked (19.12.2018) by County of Louth Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 626 of 2018), art. 6. E167 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Longford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 57 of 2014); revoked (19.12.2018) by County of Longford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 625 of 2018), art. 5. E168 Previous affecting provision: power pursuant to section exercised (31.01.2014) by City and County of Limerick Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 56 of 2014); revoked (19.12.2018) by City and County of Limerick Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 624 of 2018), art. 5. E169 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Leitrim Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 55 of 2014); revoked (19.12.2018) by County of Leitrim Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 623 of 2018), art. 5. E170 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Laois Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 54 of 2014); revoked (19.12.2018) by County of Laois Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 622 of 2018), art. 5. E171 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Kilkenny Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 53 of 2014); revoked (19.12.2018) by County of Kilkenny Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 621 of 2018), art. 5. E172 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Kildare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 52 of 2013); revoked (19.12.2018) by County of Kildare Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 620 of 2018), art. 6. E173 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Kerry Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 51 of 2014); revoked 19.12.2018) by County of Kerry Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 619 of 2018), art. 5. E174 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Galway Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 50 of 2014); revoked (19.12.2018) by County of Galway Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 618 of 2018), art. 5. 62 PT. 4 S. 23 [No. 37.] Local Government Act 2001 [2001.] E175 Previous affecting provision: power pursuant to section exercised (31.01.2014) by City of Galway Local Electoral Areas Order 2014 (S.I. No. 49 of 2014); revoked (19.12.2018) by City of Galway Local Electoral Areas Order 2018 (S.I. No. 617 of 2018), art. 4. E176 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Fingal Local Electoral Areas Order 2014 (S.I. No. 47 of 2014); revoked (19.12.2018) by County of Fingal Local Electoral Areas Order 2018 (S.I. No. 616 of 2018), art. 5. E177 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2014 (S.I. No. 46 of 2014); revoked (19.12.2018) by County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2018 (S.I. No. 615 of 2018), art. 5. E178 Previous affecting provision: power pursuant to section exercised (31.01.2014) by City of Dublin Local Electoral Areas Order 2014 (S.I. No. 45 of 2014); revoked (19.12.2018) by City of Dublin Local Electoral Areas Order 2018 (S.I. No. 614 of 2018), art. 4. E179 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Donegal Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 44 of 2014); revoked (19.12.2018) by County of Donegal Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 613 of 2018), art. 5. E180 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Cork Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 43 of 2014); revoked (31.01.2019) by County Of Cork Local Electoral Areas And Municipal Districts Order 2019 (S.I. No. 28 of 2019), art. 6, in effect as per art. 5. E181 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Clare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 42 of 2014); revoked (19.12.2018) by County of Clare Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 612 of 2018), art. 5. E182 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Cavan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 41 of 2014); revoked (19.12.2018) by County of Cavan Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 611 of 2018), art. 5. E183 Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Carlow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 40 of 2014); revoked (19.12.2018) by County of Carlow Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 610 of 2018), art. 5. Right to vote at 24.—(1) For the purposes of this section and subject to this Part and regulations local elections. made under it, every person whose name is on the register of local government electors prepared under Part II of the Electoral Act, 1992, for the time being in force for a local electoral area (in this Act referred to as the “register of electors”) is entitled to vote at the poll at a local election in that area. (2) A person’s name shall be taken to be on the register of electors if it includes a name which, in the opinion of the returning officer or presiding officer, was intended to be the person’s name. (3) A person who has voted at a local election shall not in any legal proceeding be required to state for whom he or she has voted. (4) A person who— (a) is registered in the register of electors for the time being in force for a local electoral area but is not entitled to be so registered, or (b) is not registered in the register of electors, shall not vote at the poll at a local election in that area. 63 PT. 4 S. 24 [No. 37.] Local Government Act 2001 [2001.] (5) Nothing in this section shall be read so as to entitle any person to vote who is not entitled to do so, or as relieving that person from any penalties to which that person may be liable to, for voting. Prohibition of 25.—(1) A person shall not vote or apply for a ballot paper— plural voting. (a) more than once at an election of the members of a local authority otherwise than under Article 64 of the Local Elections Regulations, 1995, (b) F38[...] F39[(c) at an election of the members of more than one local authority held at the same local elections, or] (d) F38[...] (e) F40[...] (2) F40[...] (3)(a) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both. (b) A person who aids, abets, counsels or procures the commission of an offence under subsection (1) is guilty of an offence and is liable: (i) on summary conviction to a fine not exceeding £1,500, or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both, or (ii) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both. Annotations Amendments: F38 Repealed (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(a), commenced on enactment. F39 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 30, S.I. No. 214 of 2014. F40 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 31-32, S.I. No. 214 of 2014. Editorial Notes: E184 Previous affecting provision: subs. (1)(c) amended (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment; substituted as per F-note above. Year of elections 26.—(1)(a) An election of members of every local authority shall be held in the year to all local 2004 and in every fifth year thereafter. authorities. (b) Nothing in this subsection affects Part 21 of this Act or any order made under that Part. 64 PT. 4 S. 26 [No. 37.] Local Government Act 2001 [2001.] (2) The poll at local elections shall be held on such day in the month of May or June and shall continue for such period, not being less than 12 hours, between the hours of 7.00 a.m. and 10.30 p.m., as may be fixed by the Minister by order. (3) An order under this section shall be published in the Iris Oifigiúil as soon as may be after it is made. Annotations Modifications (not altering text): C14 Application of section restricted (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(4), commenced as per s. 28(5). Elections to local authorities in 2014 28. ... (4) Nothing in section 26 of the Principal Act shall be read as enabling the holding of an election for members of— (a) a town council, or (b) a local authority that is to be dissolved on the 2014 establishment day, but this subsection is without prejudice to filling, in accordance with section 19 of the Principal Act, a casual vacancy that occurs before the transfer date or the 2014 establishment day, as appropriate. (5) This section has effect upon the passing of this Act. Conduct of elec- 27.—(1)(a) Local elections shall be held in accordance with regulations made by the tions. Minister under this section. (b) If an election is contested, the poll shall be taken according to the system of proportional representation, each local government elector having one transferable vote. (c) In this subsection “transferable vote” has the meaning given to it by section 37 of the Electoral Act, 1992. (2) Without prejudice to the generality of subsection (1), regulations under this section may in particular include provision for all or any of the following matters in relation to local elections: (a) nominations; (b) deposits by candidates; (c) deaths of candidates; (d) duties of returning officers; (e) staff of returning officers; (f) taking of polls and counting of votes; (g) use, free of charge, of schools and public rooms; (h) arrangements for postal voting; (i) arrangements for special voting; (j) voting by persons in the employment of returning officers; (k) voting by physically ill or physically disabled local government electors; 65 PT. 4 S. 27 [No. 37.] Local Government Act 2001 [2001.] (l) polling on islands; (m) issue of polling information cards; (n) maintenance of secrecy of voting; (o) removal of persons misconducting themselves in polling stations; (p) procedure in cases of disorder or obstruction; (q) interference with ballot boxes or ballot papers; F41[(r) election of the same person in more than one local electoral area or to more than one local authority;] (s) casual vacancies that occur in the circumstances specified in paragraph (r), or occuring in other specified circumstances related to local elections; (t) the manner in which the costs of local elections are to be paid by local authorities; (u) provisions corresponding to sections 60, 105, 134 to 154, 156 to 160 and 163 of the Electoral Act, 1992, with such modifications as appear to the Minister to be appropriate. (3) Where a provision of regulations under this section corresponds to a provision of the Electoral Act, 1992, which declares a matter to be an electoral offence, the regulations may provide for a corresponding offence in relation to local elections and lay down a penalty for it which does not exceed the relevant penalty specified in section 157 of that Act. (4) Regulations made under section 22 of the Local Government Act, 1994, and in force at the commencement of this provision shall continue in force and have effect as if made under this section and may be amended or revoked accordingly. (5) Where regulations under this section are proposed to be made, a draft of them shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House. (6) No local election is invalid by reason of non-compliance with any regulations under this section, or any mistake in the use of forms provided for or by any such regulations, if it appears to the court before which the matter is raised: (a) that the election was conducted in accordance with the principles laid down in the regulations under this section taken as a whole, and (b) that the non-compliance or mistake did not materially affect the result of the election. (7) Regulations under this section apply to a new election under Part 21. (8) Where regulations under this section provide for the issue of polling information cards by a local authority, a decision to issue them is a reserved function. Annotations Amendments: F41 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 33, S.I. No. 214 of 2014. 66 PT. 4 S. 28 [No. 37.] Local Government Act 2001 [2001.] Temporary 28.—F42[(1) In this section the ‘chief executive’ means— arrangements with respect to (a) in relation to any part of a polling district situated in a city, the chief executive certain polling districts and for the city, register of elec- tors. (b) in relation to any part of a polling district situated in a county, the chief executive for the county, (c) in relation to any part of a polling district situated in a city and county, the chief executive for the city and county.] (2) This section applies where after— F42[(a) the alteration of the boundary of a local authority, or] (b) the making of an order under section 23— F42[(i) dividing a county, city or city and county into local electoral areas, or] (ii) amending or modifying any division made by such an order, a polling district existing immediately before the alteration or revision or amendment or modification of such division, as the case may be, is not wholly situated within the area of a local authority or of a local electoral area, as the case may be. (3) Where subsection (2) applies, the F42[chief executive] of the relevant local authority shall, for each part of the polling district situated within the area of the local authority— (a) join it or parts of it with any adjoining polling district or districts within that area, or (b) constitute it as a polling district and appoint a polling place for it. (4) An arrangement made under subsection (3) has effect until, and only until, the first scheme under section 28 of the Electoral Act, 1992, in relation to the F42[county, city or city and county] in which the part concerned of the polling district is situated comes into operation after the making of the arrangement. (5) An arrangement made under subsection (3) shall, as soon as practicable, be notified to the Minister by the F42[chief executive]. (6) In respect of a part of a polling district referred to in subsection (3), the F42[chief executive] shall make such alterations in relation to the part of the register of electors in force as may be necessary to secure that the part of the register concerned shall be in conformity with the arrangement made under that subsection and may conve- niently be used for the purposes of taking a poll. Annotations Amendments: F42 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 34-40, S.I. No. 214 of 2014. Consequential 29.—(1) The year 2004, and every year after 2004 which is a year in which local appointments to elections are held, is an election year for the purposes of the Harbours Act, 1946. certain other bodies. (2) F43[...] 67 PT. 4 S. 29 [No. 37.] Local Government Act 2001 [2001.] (3)(a) The appointments made under section 10 of the School Attendance Act, 1926, which first occur after the commencement of this subsection shall be made in the year 2004 and shall be regarded as quinquennial appointments. (b) Nothing in paragraph (a) operates to prejudice the power of any person, conferred by or under section 10 of the School Attendance Act, 1926, to appoint persons to fill casual vacancies among the membership of a school attendance committee. Annotations Amendments: F43 Repealed (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 4 and sch. 1, part 1 item 14, S.I. No. 211 of 2013. Savers (Part 4). 30.—F44[...] Annotations Amendments: F44 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 41, S.I. No. 214 of 2014. PART 5 C ATHAOIRLEACH AND L EAS -C HATHAOIRLEACH C HAPTER 1 General Cathaoirleach and 31.—(1) Subject to this Part each local authority F45[and the municipal district Leas-Chathaoir- members] shall have a chairperson and vice-chairperson who shall be elected and leach. hold office in accordance with this Part and who in this Act are referred to as “Cathaoirleach” and “Leas-Chathaoirleach”, respectively, and shall be so known except where the provisions of section 32 apply. F46[(2) The holders of the offices of Cathaoirleach and Leas-Chathaoirleach shall as appropriate be styled— (a) in the case of a county council, in the Irish language ‘Cathaoirleach Chon- tae.......’ and ‘Leas-Chathaoirleach Chontae.......’ followed by the name of the county in Irish, and in the English language ‘Cathaoirleach of the County of.......’ and ‘Leas-Chathaoirleach of the County of.......’ followed by the name of the county in English, (b) in the case of a city council, in the Irish language ‘Cathaoirleach Chathair.......’ and ‘Leas-Chathaoirleach Chathair.......’ followed by the name of the city in Irish, and in the English language ‘Cathaoirleach of the City of.......’ and ‘Leas- Chathaoirleach of the City of.......’ followed by the name of the city in English, (c) in the case of a city and county council, in the Irish language ‘Cathaoirleach Chathair agus Chontae.......’ and ‘Leas-Chathaoirleach Chathair agus Chon- 68 PT. 5 S. 31 [No. 37.] Local Government Act 2001 [2001.] tae.......’ followed by the name of the city and county in Irish, and in the English language ‘Cathaoirleach of the City and County of.......’ and ‘Leas- Chathaoirleach of the City and County of.......’ followed by the name of the city and county in English, (d) in the case of a municipal district whose area contains the area of a city council dissolved by the Local Government Reform Act 2014, in the Irish language ‘Cathaoirleach Cheantar Cathrach.......’ and ‘Leas-Chathaoirleach Cheantar Cathrach.......’ followed by the name of the municipal district in Irish, and in the English language ‘Cathaoirleach of the Metropolitan District of.......’ and ‘Leas-Chathaoirleach of the Metropolitan District of.......’ followed by the name of the municipal district in English, (e) in the case of a municipal district whose area contains the area of a borough council in being (other than in respect of the borough of Kilkenny) immedi- ately before the transfer date as provided for by the Local Government Reform Act 2014, in the Irish language ‘Cathaoirleach Cheantar Buirge.......’ and ‘Leas- Chathaoirleach Cheantar Buirge.......’ followed by the name of the municipal district in Irish, and in the English language ‘Cathaoirleach of the Borough District of.......’ and ‘Leas-Chathaoirleach of the Borough District of.......’ followed by the name of the municipal district in English, (f) in the case of a municipal district whose area contains the area of the borough of Kilkenny in being immediately before the transfer date as provided for by the Local Government Reform Act 2014, in the Irish language ‘Cathaoirleach Cheantar Bardasach Chathair Chill Chainnigh’ and ‘Leas-Chathaoirleach Cheantar Bardasach Chathair Chill Chainnigh’ and in the English language ‘Cathaoirleach of the Municipal District of Kilkenny City’ and ‘Leas- Chathaoirleach of the Municipal District of Kilkenny City’, (g) in the case of a municipal district to which paragraph (d), (e) or (f) does not apply, in the Irish language ‘Cathaoirleach Cheantar Bardasach.......’ and ‘Leas-Chathaoirleach Cheantar Bardasach.......’ followed by the name of the municipal district in Irish, and in the English language ‘Cathaoirleach of the Municipal District of.......’ and ‘Leas-Chathaoirleach of the Municipal District of.......’ followed by the name of the municipal district in English.] (3) Any reference in any other enactment to the lord mayor, mayor, chairman, deputy lord mayor, deputy mayor or vice-chairman or cognate words shall, where the context so requires, be read as a reference to the Cathaoirleach or Leas-Chathaoirleach or other title standing for the time being by virtue of section 32, as the case may be. F46[(4)(a) The Cathaoirleach of a local authority shall take precedence at all meetings of the local authority. (b) The Cathaoirleach of a municipal district shall take precedence at all meetings and proceedings of the municipal district members. (5) Anything authorised or required by this Act or otherwise by law to be done by, to or with the Cathaoirleach may where necessary be done by, to or with the Leas- Chathaoirleach of the local authority or the Leas-Chathaoirleach of the municipal district, as the case may be. (6) The Cathaoirleach may, where the Leas-Chathaoirleach is unavailable, nominate from among the other members of the local authority or the municipal district members, as the case may be, a member for the purpose of representing the Cathaoirleach at any ceremony or event in that capacity and that member shall be entitled to act in that capacity for such purpose. (7) Where a casual vacancy occurs in the office of Cathaoirleach of a local authority or of a municipal district, as the case may be, the Leas-Chathaoirleach shall assume the responsibilities of the office pending the election in accordance with this Part of a Cathaoirleach.] 69 PT. 5 S. 31 [No. 37.] Local Government Act 2001 [2001.] (8) A person holding the office of Cathaoirleach or Leas-Chathaoirleach on the commencement of this provision shall continue to hold that office in accordance with this Part. (9) Subject to this Act, an outgoing Cathaoirleach or Leas-Chathaoirleach shall be eligible for re-election. (10) F47[...] (11) Section 34 shall apply to a Cathaoirleach or Leas-Chathaoirleach elected in 2004 in accordance with F47[...] this Part and thereafter. Annotations Amendments: F45 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 42, S.I. No. 214 of 2014. F46 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 43-44, S.I. No. 214 of 2014. F47 Deleted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment. Modifications (not altering text): C15 Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 7(1), in effect as per reg. 3. Other matter relating to the Cathaoirleach and Leas-Chathaoirleach. 7. (1) The provisions of subsections (4) to (7), (9) and (11) of section 31 of the Act shall apply to the Cathaoirleach and Leas-Chathaoirleach of a municipal district:— (a) as if, in subsection (4), the references to “local authority” and “elected council” were a reference to “municipal district members”, (b) as if, in subsections (5) and (6), the references to “local authority” were references to “municipal district members”, and (c) as if, in subsection (7), the reference to “a local authority” were a reference to “municipal district members”. ... Alternative titles F48[32.—(1) Where prior to the commencement of section 31— to Cathaoirleach and Leas- (a) Cork City Council or Dublin City Council used the title ‘Lord Mayor’ or ‘Deputy Chathaoirleach, etc. Lord Mayor’, or (b) Galway City Council used the title ‘Mayor’ or ‘Deputy Mayor’, to describe its office of Cathaoirleach or Leas-Chathaoirleach as the case may be, it shall continue to so use such title or titles notwithstanding the provisions of section 31. (1A) Where— (a) immediately before the 2014 establishment day (provided for in Part 2 of the Local Government Reform Act 2014) Limerick City Council or Waterford City Council used the title ‘Mayor’ or ‘Deputy Mayor’, to describe its office of Cathaoirleach or Leas- Chathaoirleach, as the case may be, then, if a municipal district containing the area of the former city council is determined by order 70 PT. 5 S. 32 [No. 37.] Local Government Act 2001 [2001.] under section 23(1)(c), the municipal district members (being the municipal district members for a metropolitan district by virtue of section 22A(2)(a)) may use such title or titles notwithstanding the provisions of section 31 (as amended by that Act), (b) immediately before the transfer date (provided for in Chapter 2 of Part 3 of the Local Government Reform Act 2014) a borough council referred to in Chapter 1 of Part 1 of Schedule 6 used the title ‘Mayor’ or ‘Deputy Mayor’, to describe its office of Cathaoirleach or Leas-Chathaoirleach, as the case may be, then, if a municipal district containing the area of the former borough council is determined by order under section 23(1)(c), the municipal district members (being the municipal district members for a borough district by virtue of section 22A(2)(b) or for the municipal district of Kilkenny City by virtue of section 22A(2) (c) ) may use such title or titles notwithstanding the provisions of section 31 (as amended by that Act), and (c) a municipal district contains the area of a town (including all the environs of the town for the purposes of the census of population concerned) the population of which, when rounded to the nearest 1,000 as shown in the latest census report of the Central Statistics Office, is equal to or greater than 20,000, then the municipal district members for such district may decide by resolution to use the title ‘Mayor’ or ‘Deputy Mayor’, to describe its office of Cathaoirleach or Leas-Chathaoirleach notwithstanding the provisions of section 31 (as amended by the Local Government Reform Act 2014). (2) A local authority or the municipal district members, to which subsection (1) or (1A) (respectively) relates, may by resolution give the title Cathaoirleach or Leas- Chathaoirleach to the Lord Mayor or Deputy Lord Mayor, Mayor or Deputy Mayor, as the case may be, and in that case shall be styled in accordance with section 31. (3) Where titles are continued in accordance with subsection (1) or (1A), the holders of the offices concerned shall, as appropriate, be styled— (a) in the case of Cork City Council, in the Irish language ‘Ard-Mhéara Chathair Chorcaí’ and ‘Leas-Ardmhéara Chathair Chorcaí’, and in the English language ‘Lord Mayor of the City of Cork’ and ‘Deputy Lord Mayor of the City of Cork’, (b) in the case of Dublin City Council, in the Irish language ‘Ard- Mhéara Chathair Bhaile Átha Cliath’ and ‘Leas-Ardmhéara Chathair Bhaile Átha Cliath’, and in the English language ‘Lord Mayor of the City of Dublin’ and ‘Deputy Lord Mayor of the City of Dublin’, (c) in the case of Galway City Council, in the Irish language ‘Méara Chathair na Gaillimhe’ and ‘Leas-Mhéara Chathair na Gaillimhe’, and in the English language ‘Mayor of the City of Galway’ and ‘Deputy Mayor of the City of Galway’, (d) in the case of a municipal district to which subsection (1A) relates, in the Irish language ‘Méara.......’ and ‘Leas-Mhéara.......’ followed by the name of the municipal district in Irish, and in the English language ‘Mayor of.......’ and ‘Deputy Mayor of........’ followed by the name of the municipal district in English in accordance with subsections (2) and (3) of section 22A. (4) Notwithstanding section 31 a local authority which is a city and county council may, subject to Schedule 8, give an alternative title to its Cathaoirleach or Leas- Chathaoirleach or revert to the title or titles of Cathaoirleach or Leas-Chathaoirleach as the case may be.] 71 PT. 5 S. 32 [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F48 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 37(1), S.I. No. 214 of 2014. Resignation of 33.—F49[(1) The Cathaoirleach or Leas-Chathaoirleach may resign from that office Cathaoirleach or by notice in writing signed by him or her and delivered to the principal offices of the Leas-Chathaoir- leach. local authority which, in the case of a municipal district, is the principal offices of the local authority concerned.] (2) The vacancy caused by a resignation under subsection (1) shall occur on the date specified in the notice as the resignation date or, where no such date is specified, on receipt of such notice. Annotations Amendments: F49 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 45, S.I. No. 214 of 2014. Removal of 34.—F50[(1) Subject to this section, a local authority may by resolution remove Cathaoirleach or from office the Cathaoirleach or Leas-Chathaoirleach of such local authority for stated Leas-Chathaoir- leach from office. misbehaviour or if his or her removal appears to it to be necessary for the effective performance by the local authority of its functions and such removal may also be for those reasons arising from the performance of his or her duties as chair of the corporate policy group. (1A) Subject to this section, a local authority may by resolution remove from office the chairperson of any strategic policy committee of such local authority for stated misbehaviour or if his or her removal appears to them to be necessary for the effective performance by the local authority of its functions or by the committee of its func- tions.] (2) Notice of the intention to propose a resolution under this section (in this section referred to as a “notice”) shall— (a) be signed by at least one-third of the total number of members of the local authority concerned, (b) contain a statement of the reasons for the proposed removal, (c) specify a day for the holding of a special meeting to consider the proposed removal, being a day which is not less than 21 days after the day on which the notice is delivered under paragraph (d), (d) be delivered to the meetings administrator, and F51[(e) be delivered or sent to the Cathaoirleach, Leas-Chathaoirleach or chair- person of the strategic policy committee concerned.] (3) The meetings administrator shall on receipt of a notice and without delay send a copy of it to every member of the local authority and convene a special meeting for the date so specified to consider the proposed removal. 72 PT. 5 S. 34 [No. 37.] Local Government Act 2001 [2001.] (4) (a) Such special meeting shall be chaired by a member of the local authority, other than the person the subject of the notice, chosen by the members present at the meeting. (b) The person the subject of the notice shall at such meeting be afforded an opportunity to make a statement of response in relation to the proposed removal. F51[(5) It is necessary for the passing of a resolution under this section that the number of members of the local authority concerned voting in favour of the resolution is at least two-thirds of those present and voting.] Annotations Amendments: F50 Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 38(a), S.I. No. 214 of 2014. F51 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 38(b), (c), S.I. No. 214 of 2014. Modifications (not altering text): C16 Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 5, in effect as per reg. 3. Removal of Cathaoirleach or Leas-Chathaoirleach from office. 5. The provisions of section 34 of the Act shall apply to the removal from office of a Cathaoirleach and Leas-Chathaoirleach of municipal district members as if:— (a) in subsection (1), the references:— (i) to “a local authority” and “such local authority” were a reference to “municipal district members”, and (ii) to “the effective performance by the local authority of its functions” were a reference to “the effective performance by the municipal district members of their functions”, (b) in subsection (2)(a), the reference to “the total number of members of the local authority concerned” were a reference to “the total number of municipal district members concerned”, (c) in subsection (3), the reference to “every member of the local authority” were a reference to “every municipal district member”, (d) in subsection (4), the reference to “chaired by a member of the local authority” were a reference to “chaired by a municipal district member”, and (e) in subsection (5), the reference to “the total number of members of the local authority concerned” were a reference to “the total number of municipal district members concerned”. Editorial Notes: E185 Power pursuant to section exercised (1.01.2004) by Athlone Town Boundary Alteration (Supplemen- tary) Order 2003 (S.I. No. 705 of 2003). C HAPTER 2 Election by Local Authority 73 PT. 5 S. 35 [No. 37.] Local Government Act 2001 [2001.] Application of 35.—F52[...] Chapter 2. Annotations Amendments: F52 Repealed (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(a), commenced on enactment. F53[Application 35A.— This Chapter applies to municipal district members as if every reference in the of Chapter to other provisions of this Chapter to a local authority or to a member of a local municipal district authority were, respectively, a reference to the municipal district members or to a members. member of a municipal district.] Annotations Amendments: F53 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 39, S.I. No. 214 of 2014. Annual election 36.—(1) (a) Subject to paragraph (c), a local authority shall elect a Cathaoirleach of Cathaoirleach and Leas-Chathaoirleach from amongst its members at every annual and Leas- Chathaoirleach by meeting. local authority. (b) The election of a Cathaoirleach shall be carried out in accordance with section 37. (c) A member of a local authority who is a member of Dáil Éireann or Seanad Éireann shall be disqualified from being elected or from being a Cathaoirleach or Leas-Chathaoirleach of a local authority. F54[(d) On the commencement of section 2 of the Local Government (No. 2) Act 2003, paragraph (c) shall cease to apply and have effect.] (2) (a) Subject to subsection (3), a member who holds the office of Cathaoirleach or Leas-Chathaoirleach shall hold that office (unless he or she becomes disqualified under subsection (1)(c), resigns under section 33 or is removed from office under section 34) from election until a successor is elected at the next annual meeting of the local authority after that member’s election to that office. (b) In a year in which local elections are to be held under section 26 and notwithstanding subsection (3), subsection (4) shall apply in respect of a Cathaoirleach. (3) Except as is provided for in subsection (4), the Cathaoirleach or Leas- Chathaoirleach of a local authority shall, upon ceasing to be a member of the authority, cease to be Cathaoirleach or Leas-Chathaoirleach of that authority. (4) Following a local election the Cathaoirleach shall continue to hold office for the period between the retirement of the outgoing members and the commencement of the annual meeting at which the successor is elected unless he or she sooner dies or resigns from the office or becomes disqualified for local authority membership. 74 PT. 5 S. 36 [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F54 Inserted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment. Modifications (not altering text): C17 Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 6(1), in effect as per reg. 3. Annual election of Cathaoirleach or Leas-Chathaoirleach. 6. (1) The provisions of section 36 of the Act shall apply to the annual election of a Cathaoirleach and Leas-Chathaoirleach of municipal district members:— (a) as if, in subsection (1)(a):— (i) the reference to “a local authority” were a reference to “municipal district members”, and (ii) the reference to “its members” were a reference to “their members”, (b) as if, in subsection (2), the reference to “the local authority” were a reference to “the municipal district members”, (c) as if, in subsection (3):— (i) the reference to “a local authority” were a reference to “municipal district members”, (ii) the reference to “ceasing to be a member of the authority” were a reference to “ceasing to be a municipal district member for the municipal district concerned”, and (iii) the reference to “that authority” were a reference to “of those municipal district members”. Method of elec- 37.—Subject to paragraph 4 of Schedule 10, the following provisions shall apply tion of Cathaoir- and have effect in respect of the election of a Cathaoirleach by the members of a leach by local authority. local authority: (a) one or more than one member may be proposed and seconded for nomination and every person so proposed and seconded who does not reject the nomi- nation shall be a candidate and no other person shall be a candidate otherwise than in accordance with this provision; (b) where there is only one candidate, such candidate shall be elected; (c) where there are more than 2 candidates, a poll shall be taken; (d) if at such poll a majority of the members present vote for any particular candidate, such candidate shall be elected; (e) if at such poll no candidate receives the votes of a majority of the members present, the candidate receiving the least number of votes shall be excluded from the election, and, subject to paragraph (g), one or more further polls (according as may be necessary) shall be taken; (f) paragraphs (d) and (e) shall apply in relation to such further poll or polls; (g) where there are only 2 candidates or where, as a result of one or more polls all the candidates except 2 have been excluded, the question as to which of such candidates shall be elected shall be put to the members present and whichever of such candidates receives the majority of votes cast shall be elected; 75 PT. 5 S. 37 [No. 37.] Local Government Act 2001 [2001.] (h) if from an equality of votes given to 2 or more candidates any question arises as to which of such candidates is to be excluded or as to which of such candidates is to be elected, such question shall be decided by lot in accor- dance with paragraph (i); (i) in deciding any such question by lot, the names of the candidates concerned shall be written on similar slips of paper, the slips shall be folded so as to prevent identification and mixed and drawn at random, and the candidate whose name is first drawn shall be— (I) the candidate who shall be excluded, where the question concerns an exclusion, or (II) the candidate who shall be elected, where the question concerns an election. Annotations Modifications (not altering text): C18 Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 6(2), in effect as per reg. 3. Annual election of Cathaoirleach or Leas-Chathaoirleach. 6. ... (2) The provisions of section 37 of the Act shall apply to the method of election of a Cathaoirleach as if the reference to “the members of a local authority” were a reference to “municipal district members”. Casual vacancy in 38.—(1) Where a casual vacancy occurs in the office of Cathaoirleach or Leas- the office of Chathaoirleach of a local authority the members of the authority— Cathaoirleach or Leas-Chathaoir- leach. (a) present at the next meeting of the authority after the occurrence of the vacancy, or (b) if that meeting is held within 14 days of the occurrence of the vacancy, present at the next following meeting of the authority, shall elect one of their number to be Cathaoirleach or Leas-Chathaoirleach, as the case may be. (2) Section 37 shall apply in relation to the election of a member to fill a casual vacancy in the office of Cathaoirleach. (3) A person elected to fill a casual vacancy in the office of Cathaoirleach or Leas- Chathaoirleach shall be elected for the remainder of the term of office of his or her predecessor. (4) Not less than 3 clear days’ notice shall be given to each member of the local authority of a meeting to fill a casual vacancy under this section. Annotations Modifications (not altering text): C19 Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 7(2) and (3), in effect as per reg. 3. 76 PT. 5 S. 38 [No. 37.] Local Government Act 2001 [2001.] Other matter relating to the Cathaoirleach and Leas-Chathaoirleach. 7. ... (2) The provisions of section 38 of the Act shall apply to the election of a Cathaoirleach and Leas-Chathaoirleach of a municipal district where a casual vacancy has occurred in such office as if:— (a) the reference in subsection (1) to “a local authority the members of the authority” were a reference to “municipal district members, the members”, (b) the references in paragraphs (a) and (b) of subsection (1) to “the authority” were references to “municipal district members”, and (c) the reference in subsection (4) to “member of the local authority” were a reference to “municipal district member”. (3) The provisions of section 38 of the Act shall apply in relation to the election of a municipal district member to fill a casual vacancy in the office of Cathaoirleach as if the reference to “local authority” were a reference to “municipal district members”. C HAPTER 3 Direct Election Application of 39.—F55[...] Chapter 3. Annotations Amendments: F55 Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment. Direct election 40.—F56[...] and tenure of Cathaoirleach of county council and city council. Annotations Amendments: F56 Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment. Casual vacancy in 41.—F57[...] office of Cathaoirleach of county council or city council. 77 PT. 5 S. 41 [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F57 Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment. Amendments to 42.—F58[...] certain Acts, relating to direct elections, etc. Annotations Amendments: F58 Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment. Election petitions 43.—F59[...] in relation to direct elections. Annotations Amendments: F59 Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment. PART 6 M EETINGS AND P ROCEEDINGS OF L OCAL A UTHORITIES Application (Part 44.—(1) This Part and Schedule 10 apply and have effect in relation to the meetings 6). and proceedings of local authorities and to connected matters. (2) Meetings of a local authority or a joint body may be held in Irish or in English or in both languages. (3) In respect of meetings and proceedings of joint bodies, the Minister may by regulations under this subsection— (a) make provisions corresponding to those provided for local authorities under this Part and Schedule 10, (b) apply this Part or Schedule 10, with any necessary modification or adaptation, and any such provisions apply and have effect in relation to such meetings and proceedings. (4)(a) Subject to paragraph (b), any provision provided for by or under statute relating to meetings and proceedings of a joint body to which that paragraph relates, and in force immediately before the commencement of this provision, continues in operation until it ceases to have effect under paragraph (b). 78 PT. 6 S. 44 [No. 37.] Local Government Act 2001 [2001.] (b) On the commencement of regulations under subsection (3), the matters with respect to which the regulations were made are governed by those regula- tions, and any previous provisions (whether made by or under statute) as may be specified in those regulations relating to those matters cease to have effect as respects the body mentioned in the regulations to such extent as may be so specified. Annotations Modifications (not altering text): C20 Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 8(1), in effect as per reg. 3. Meetings and proceedings. 8. (1) The provisions of section 44 of the Act shall apply and have effect in relation to the meetings and proceedings of municipal district members and connected matters:— (a) as if the references to “local authority” and “local authorities” were references to “municipal district members”, and (d) with the exclusion of “or a joint body” in subsection (2) and (e) as if subsections (3) and (4) were deleted. ... Attendance of 45.—(1) In this section— public and media at meetings. “media” includes accredited representatives of local and national press, local and national radio and local and national television; “members of the public” means any person who is not attending the meeting at the request of the local authority. (2) Subject to subsections (3) and (5), members of the public and representatives of the media are entitled to be present at a meeting of a local authority. (3) Where a local authority is of the opinion that the absence of members of the public and representatives of the media from the whole or any part of a particular meeting is desirable because— (a) of the special nature of the meeting, or of an item of business to be, or about to be, considered at the meeting, or (b) for other special reasons, the authority may by resolution decide to meet in committee for the whole or a part of the meeting concerned, where the authority considers that such action is not contrary to the overall public interest. (4) (a) It is necessary for the passing of a resolution under subsection (3) that at least one-half of the total number of members of the local authority concerned vote in favour of the resolution. (b) A resolution under subsection (3) shall indicate in a general way the reasons for the resolution and those reasons shall be recorded in the minutes of the meeting. (5) A local authority may, by standing orders, regulate the right of members of the public and representatives of the media to be present at meetings and, in particular and without prejudice to the generality of the foregoing, may— 79 PT. 6 S. 45 [No. 37.] Local Government Act 2001 [2001.] (a) taking account of available space, limit the number of persons to be admitted, (b) make rules governing the conduct of persons present at meetings, (c) provide for the removal of members of the public who interrupt the proceedings or who otherwise misconduct themselves, or (d) make rules in relation to the taking of photographs or the use of any means for recording or relaying the proceedings as they take place or at a later stage. (6) Nothing in subsection (5), other than paragraph (a), shall be read so as to enable a local authority to limit the attendance of representatives of the media, and paragraph (a) shall not be read as enabling a local authority to prohibit the attendance of such representatives. Annotations Modifications (not altering text): C21 Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 8(2), in effect as per reg. 3. Meetings and proceedings. 8. ... (2) The provisions of section 45 of the Act shall apply and have effect in relation to the attendance of members of the public and representatives of the media at meetings of municipal district members as if:— (a) as respects subsections (2), (5) and (6), the references to “a local authority” were references to “municipal district members”, (b) as respects subsection (3):— (i) the reference to “a local authority is” were a reference to “municipal district members are”, and (ii) the references to “the authority” were a reference to “the municipal district members”, and (c) as respects subsection (4)(a), the reference to “the total number of members of the local authority” were a reference to “the total number of municipal district members”. ... Meetings adminis- 46.—The F60[chief executive] shall from time to time as may be necessary assign trator. the duties of meetings administration to an employee (referred to in this Act as a “meetings administrator”) of a local authority. Annotations Amendments: F60 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 46, S.I. No. 214 of 2014. Modifications (not altering text): C22 Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 8(4), in effect as per reg. 3. 80 PT. 6 S. 46 [No. 37.] Local Government Act 2001 [2001.] Meetings and proceedings. 8. ... (4) The provisions of section 46 of the Act shall apply in relation to the assignment of the duties of a meetings administrator in respect of meetings of municipal district members. ... Effective F61[47.— A local authority shall seek to secure as regards— discharge of busi- ness. (a) the establishment of committees under Part 7, and (b) meetings of the authority and each of its committees and municipal district members, that they are organised and operate so as to promote effectiveness and efficiency in the discharge of business.] Annotations Amendments: F61 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 40, S.I. No. 214 of 2014. Modifications (not altering text): C23 Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 9(2), in effect as per reg. 3. Establishment of one or more than one committee. 9. ... (2) The provisions of section 47 shall apply and have effect in relation to the effective discharge of business of committees of municipal district members, with the following modifications:— (a) as if the reference to “a local authority” were a reference to “municipal district members", and (b) as if the reference in paragraph (b) to “meetings of the authority and each of its committees and municipal district members” were a reference to “meetings of each of its committees”. ... PART 7 C OMMITTEES AND J OINT C OMMITTEES Strategic policy 48.—(1) A local authority, F62[...] shall establish by resolution committees to be committees. known as strategic policy committees to consider matters connected with the formulation, development, monitoring and review of policy which relate to the func- tions of the local authority and to advise the authority on those matters. F63[(1A) One of the committees established under subsection (1) shall be to consider matters which relate to the functions of the local authority in relation to economic development and matters connected to the promotion of, including support for, enterprise, and to advise the authority on those matters.] (2)(a) A strategic policy committee consists partly of persons who are and partly of persons who are not members of the local authority concerned. 81 PT. 7 S. 48 [No. 37.] Local Government Act 2001 [2001.] (b) The chairperson of a strategic policy committee shall be a member of the local authority concerned. (3)(a) The establishment of a strategic policy committee shall be undertaken by the local authority in accordance with such guidelines as may be issued by the Minister for that purpose under section 54(2). (b) Guidelines referred to in paragraph (a) shall include provision for— F64[(i) the representation of each local community development committee established in accordance with section 49A and of sectoral interests,] (ii) the term of office of— (I) members of strategic policy committees, and (II) chairpersons, which shall not be less than 3 years, and (iii) the procedures to apply to ensure fairness and equity in the appointment of chairpersons. F63[(ba) Guidelines referred to in paragraph (a) may include— (i) provisions for procedures for presentation of proposals to the local authority concerned connected with the formulation, development, monitoring and review of policy for the purposes of this section, (ii) provisions relating to the format, content and layout of any particular class or classes of policy papers and other documents (including the preparation of preliminary documents) prepared by or presented to the strategic policy committee, and (iii) provisions for procedures to ensure that sufficient time for input by the strategic policy committee into policy papers is provided prior to completion and subsequent presentation to the local authority concerned. (bb) Guidelines referred to in paragraph (a) may apply to local authorities gener- ally, to any class or classes of local authorities specified in the guidelines or to a particular local authority so specified and shall, in so far as the guidelines relate to them, be complied with by every local authority, chief executive, strategic policy committee and municipal district member.] (c) Any guidelines issued by the Minister prior to the commencement of this section and relating to strategic policy committees continue to apply until such time as guidelines are issued under section 54(2). F63[(3A)(a) For the purposes of assisting a strategic policy committee in considering matters in accordance with subsections (1) and (1A) the committee may request the attendance of a public authority at a meeting of the committee. (b) Where a public authority refuses or otherwise fails to attend a meeting of a strategic policy committee following a request by the committee, then the chairperson of the committee— (i) may report such refusal or failure to a meeting of the local authority, and (ii) where so reported, shall provide the meeting of the local authority with any explanation furnished by the public authority for so refusing or failing to attend. (c) Where any refusal or failure by a public authority is reported to a local authority under paragraph (b), then the local authority may report such 82 PT. 7 S. 48 [No. 37.] Local Government Act 2001 [2001.] refusal or failure, together with any explanation furnished by the public authority, to any Minister of the Government— (i) on whom functions relating to the public authority concerned stand conferred, or (ii) who has general responsibility for the public authority concerned. (3B) When formulating, developing, adopting, monitoring and reviewing policies which relate to the functions of a local authority each strategic policy committee of the local authority shall have regard to the regional spatial and economic strategy of the appropriate regional assembly.] (4) Subject to subsection (5), a member of a local authority who is a member of either House of the Oireachtas is disqualified from being elected or from being a chairperson of a strategic policy committee. (5) Subsection (4) has effect for the purposes of any election of a chairperson of a strategic policy committee held after the commencement of this section. (6) An annual report of a local authority shall include an outline of the activities of strategic policy committees during the period to which the annual report relates. F65[(7) On the commencement of section 2 of the Local Government (No. 2) Act 2003, subsections (4) and (5) cease to apply.] Annotations Amendments: F62 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 47, S.I. No. 214 of 2014. F63 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(a), (c), (d), S.I. No. 214 of 2014. F64 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(b), S.I. No. 214 of 2014. F65 Inserted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment. Municipal policy 49.—F66[...] committees. Annotations Amendments: F66 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 48, S.I. No. 214 of 2014. F67[ Local 49A.— (1) Subject to subsection (3), there shall be established, in accordance with Community this section and Chapter 2 of Part 13 (including any regulations made or general Development Committees policy guidelines issued under that Chapter) by resolution of each local authority in respect of its administrative area a committee, to be known as the Local Community Development Committee, for the purposes of developing, co-ordinating and imple- menting a coherent and integrated approach to local and community development. 83 PT. 7 S. 49A [No. 37.] Local Government Act 2001 [2001.] (2) Subject to this section and Chapter 2 of Part 13, each Local Community Develop- ment Committee is independent in the performance of its functions. (3) Where the Minister has approved in writing a proposal by a local authority for the establishment of more than one Local Community Development Committee within its administrative area, the local authority may by resolution establish such number of Committees so proposed. (4) A local authority may, by resolution and with the prior approval of the Minister in writing, dissolve a Local Community Development Committee established by it but the dissolution is without prejudice to anything previously done by such Committee. (5) A Local Community Development Committee dissolved in accordance with subsection (4) shall be replaced by resolution of the local authority concerned— (a) where subsection (3) applies, by such number of Local Community Development Committees as are approved by the Minister for establishment under that subsection, or (b) in any other case, by a new Local Community Development Committee. (6) Except where a Local Community Development Committee would stand dissolved in accordance with subsection (4) in respect of a day that would be the ordinary day of retirement of the members of the local authority concerned, a Local Community Development Committee shall, notwithstanding section 51(6), continue to stand established on and following that day. (7) An annual report of a local authority shall include an outline of the activities of each Local Community Development Committee within the authority’s functional area during the period to which the annual report relates. (8) Section 45 shall not apply to meetings of the Committee.] Annotations Amendments: F67 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 36(1), S.I. No. 214 of 2014. Area committees. F68[50.—(1) A local authority to which this section applies may establish by resolu- tion a committee in respect of a local electoral area or of 2 or more adjoining such areas or any other area in its administrative area to be known by some appropriate name followed by the words ‘Area Committee’, or by such other title, as may be designated by the authority. (2) This section applies to the following local authorities: (a) Cork City Council; (b) Dublin City Council; (c) Dun Laoghaire-Rathdown County Council; (d) Fingal County Council; (e) Galway City Council; (f) South Dublin County Council.] 84 PT. 7 S. 50 [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F68 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 42, S.I. No. 214 of 2014. Committees of 51.—(1) If a local authority considers it appropriate, it may by resolution establish local authorities. either or both— (a) one or more than one committee to consider matters connected with the functions of the authority referred to it by the authority and to assist and advise the authority on those matters, and (b) one or more than one committee to perform functions of the authority dele- gated to it under this section but may not delegate generally all of its func- tions to any committee. (2) (a) A local authority may, by resolution, delegate with or without restrictions to a committee established under subsection (1)(b) any of its functions that may be performed by resolution other than— (i) the power to adopt the local authority budget, (ii) the power to make a development plan, or to make a variation of a development plan, under Part II of the Act of 2000, (iii) the power to determine an annual rate on valuation or borrow money, or (iv) any other functions as may be prescribed by regulations made by the Minister. (b) It is necessary for the passing of a resolution under paragraph (a) that at least one-half of the total number of members of the local authority concerned vote in favour of the resolution. (3) A local authority may, by resolution, dissolve a committee established by it but the dissolution is without prejudice to anything previously done by the committee. (4) (a) The members of a committee first appointed shall be appointed by resolution of the local authority by which it was established and subsequent appoint- ments shall be by such resolution or in such other manner as that local authority may provide for by resolution. (b) A committee consists of such number of persons, not being less than 3, as the local authority by which it was established considers appropriate. (c) Subject to paragraph (d), a committee may at the discretion of the local authority by which it was established, consist either wholly of persons who are members of that authority or partly of persons who are, and partly of persons who are not, such members. (d) A person who is not a member of the local authority concerned shall not be appointed to be a member of a committee unless, in the opinion of the authority, he or she is a person having knowledge, qualifications or experience relevant to the functions of the committee. (5) Notwithstanding the repeal or revocation under section 5 of an enactment by or under which a committee of a local authority stood established immediately before such repeal or revocation the committee shall continue to stand established after such repeal or revocation as if it was established under this section and this Part applies and has effect accordingly in relation to it. 85 PT. 7 S. 51 [No. 37.] Local Government Act 2001 [2001.] (6) Unless dissolved in accordance with subsection (3) a committee shall be deemed to be dissolved on the ordinary day of retirement of members of the local authority concerned in accordance with section 17. (7) A reference to a committee in this section includes a committee established under section 50. (8) Nothing in this section prejudices the establishment and continued operation of a local consultative committee. Annotations Modifications (not altering text): C24 Application of subss. (1)(a), (3), (4) and (6) extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 9(1), in effect as per reg. 3. Establishment of one or more than one committee. 9. (1) The provisions of subsections (1)(a), (3), (4) and (6) of section 51 of the Act shall apply and have effect in relation to the establishment of one or more than one committee by municipal district members to consider matters connected with the functions to be performed by those members, with the following modifications:— (a) as if, in subsection (1), the reference to “if a local authority considers it appropriate, it may” were a reference to “if municipal district members consider it appropriate, they may” and the references to “the authority” were references to “the members”, (b) as if, in subsection (3), the reference to “a local authority” were a reference to “municipal district members” and the reference to “established by it” were a reference to “estab- lished by them”, (c) as if, in subsection (4):— (i) the reference in paragraph (a) to “the local authority” were a reference to “the municipal district members” and the reference to “that local authority” were a reference to “those municipal district members”, (ii) the reference in paragraph (b) to “the local authority by which it was established considers appropriate” were a reference to “the municipal district members by which it was established consider appropriate”, (iii) the reference in paragraph (c) to “the local authority” were a reference to “municipal district members” and the reference to “members of that authority” were a reference to “members in respect of that municipal district”, and (iv) the reference in paragraph (d) to “member of the local authority concerned” were a reference to “member in respect of the municipal district concerned” and the reference to “the authority” were a reference to “the municipal district members”. ... Joint committees 52.—(1) In this section “local authority” includes such other bodies (if any) as may of local authori- be prescribed by regulations made by the Minister. ties. (2) If 2 or more local authorities consider it appropriate to do so, they may, by resolution of each of the authorities, jointly establish either or both— (a) a joint committee of those authorities to consider matters connected with the functions of the authorities specified in the resolution and to advise the authorities on those matters, and (b) a joint committee of those authorities to perform functions of those authorities delegated to it by them under subsection (6). 86 PT. 7 S. 52 [No. 37.] Local Government Act 2001 [2001.] (3) A local authority may join in the establishment of more than one joint committee. (4) More than one joint committee may be established by the same local authorities. (5) Where resolutions under subsection (2)(b) relating to a joint committee, with the consent of the Minister, so provide— (a) the joint committee shall be a body corporate with perpetual succession and be known by such name as may be specified in the resolutions or determined by the joint committee, (b) the joint committee may sue and be sued in its corporate name, (c) the joint committee has power to acquire, hold, manage, maintain and dispose of land or an interest in land, (d) the joint committee shall have a common seal which shall be authenticated by the signature of the chairperson, or of an employee nominated in writing for that purpose by the F69[chief executive], following consultation with the chairperson, (e) judicial notice shall be taken of the seal of the joint committee and every document claiming to be an instrument made by it and to be sealed with its seal, claiming to be authenticated in accordance with paragraph (d), shall be received in evidence and be deemed to be that instrument without further proof unless the contrary is shown. (6)(a) Subject to this subsection a local authority by resolution, and with the consent of the other authorities concerned, may delegate with or without restrictions to a joint committee established under subsection (2)(b) any of its functions that may be performed by resolution. (b) Paragraph (a) does not apply to the functions of a local authority to adopt the local authority budget or to determine an annual rate on valuation or any other functions as may be prescribed by regulations made by the Minister. (c) It is necessary for the passing of a resolution under paragraph (a) that at least one-half of the total number of members of the local authority concerned vote in favour of the resolution. (7) The Minister may direct a local authority— (a) to establish a joint committee under subsection (2) with one or more other local authorities as may be specified in the direction, and (b) where appropriate, subject to such (if any) conditions or restrictions as may be specified in the direction, to delegate to the joint committee such of the functions of the local authority as may be specified in the direction, upon and subject to such terms and conditions as may be specified in the direction. (8) A joint committee may be dissolved by resolution of any one of the local authorities by which it was established with, in the case of a joint committee estab- lished by virtue of a direction under subsection (7), or to which subsection (5) applies, the consent of the Minister, but the dissolution is without prejudice to anything previously done by the committee. (9) Where a joint committee is established under subsection (2)(b) such executive functions as may be appropriate to the functions delegated under that subsection shall vest in the F69[chief executive] for that joint committee. (10)(a) The members of a joint committee shall be appointed by the local authorities by which it was established by each authority appointing such number of persons to be members of the joint committee as may be agreed upon by those authorities. 87 PT. 7 S. 52 [No. 37.] Local Government Act 2001 [2001.] (b) A joint committee consists of 6 or more persons, as is agreed by the local authorities by which it was established and may, subject to paragraph (c), at the discretion of those authorities, be composed either wholly of persons who are members of those authorities or partly of persons who are, and partly of persons who are not, such members. (c) A person who is not a member of one of the local authorities concerned shall not be appointed to be a member of a joint committee unless, in the opinion of the authority by which he or she is so appointed, he or she possesses knowledge, qualifications or experience relevant to the functions of the joint committee. (11)(a) Notwithstanding the repeal or revocation under section 5 of an enactment by or under which a joint committee of a local authority stood established immediately before such repeal or revocation, the committee shall continue to stand established after such repeal or revocation as if it was established under this section and this Part applies and has effect accordingly in relation to it. (b) Except as provided for by this section or otherwise by law, it is not lawful for local authorities to establish a joint committee or to delegate any of their functions to a joint committee. Annotations Amendments: F69 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 49, 50, S.I. No. 214 of 2014. Saver for acts of 53.—The acts, decisions and proceedings of any committee or joint committee of committee or a local authority shall not be invalidated only because of a vacancy or vacancies in joint committee. its membership or of the disqualification or want of qualification of any of its members. Regulations (Part 54.—(1) The Minister may make regulations— 7). (a) specifying conditions, restrictions or other provisions which apply in relation to the delegation of functions to, or the revocation of a delegation of func- tions to, a joint committee to which section 52(2) applies or to a committee, (b) as respects the procedures, general administration and general finances of joint committees to which section 52(2) applies, (c) providing for the attendance of members of the public and representatives of the media at meetings of joint committees or committees other than those— (i) specified in the regulations, or (ii) at which the local authority concerned, in accordance with such procedures as may be specified in the regulations, determines such attendance is not permitted, and section 45(3) and (4) shall apply to such attendance at meetings of joint committees or committees subject to any necessary modifications, (d) as respects such other matters relating to joint committees or committees as the Minister considers appropriate. 88 PT. 7 S. 54 [No. 37.] Local Government Act 2001 [2001.] (2) The Minister may issue general policy guidelines to local authorities for the purposes of any provision of this Part and the authorities shall comply with any such guidelines. Annotations Modifications (not altering text): C25 Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 8(3), in effect as per reg. 3. Meetings and proceedings. 8. ... (3)(a) The provisions of section 54 of the Act shall apply and have effect in relation to the attendance of members of the public and representatives of the media at meetings of a committee of municipal district members except in the case of such committee as may be determined by resolution of the municipal district members concerned. (b) It is necessary for the passing of such resolution that at least one-half of the total number of municipal district members concerned vote in favour and that not less than 7 days notice of the proposed resolution is given to the municipal district members. ... Editorial Notes: E186 Power pursuant to section exercised (17.07.2002) by Local Government Act, 2001 (Meetings) Regulations 2002 (S.I. No. 66 of 2002). PART 8 L OCAL A UTHORITY B OUNDARY A LTERATION Interpretation 55.—F70[...] (Part 8). Annotations Amendments: F70 Part 8 (ss. 55-62) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 51, S.I. No. 214 of 2014. Proposal by local 56.—F71[...] authority for alteration of boundary. Annotations Amendments: F71 Part 8 (ss. 55-62) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 51, S.I. No. 214 of 2014. 89 PT. 8 S. 57 [No. 37.] Local Government Act 2001 [2001.] Application for 57.—F72[...] boundary alter- ation. Annotations Amendments: F72 Part 8 (ss. 55-62) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 51, S.I. No. 214 of 2014. Supplementary 58.—F73[...] provision to sections 56 and 57. Annotations Amendments: F73 Part 8 (ss. 55-62) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 51, S.I. No. 214 of 2014. Minister may 59.—F74[...] request review. Annotations Amendments: F74 Part 8 (ss. 55-62) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 51, S.I. No. 214 of 2014. Report by Local 60.—F75[...] Government Commission. Annotations Amendments: F75 Part 8 (ss. 55-62) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 51, S.I. No. 214 of 2014. Power to alter 61.—F76[...] boundaries, etc. Annotations Amendments: F76 Part 8 (ss. 55-62) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 51, S.I. No. 214 of 2014. 90 PT. 8 S. 62 [No. 37.] Local Government Act 2001 [2001.] Provisions conse- 62.—F77[...] quential on boundary alter- ation. Annotations Amendments: F77 Part 8 (ss. 55-62) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 51, S.I. No. 214 of 2014. PART 9 F UNCTIONS OF L OCAL A UTHORITIES C HAPTER 1 General Functions of Local Authorities Statement of 63.—(1) The functions of a local authority are— local authority functions. (a) to provide a forum for the democratic representation of the local community, in accordance with section 64, and to provide civic leadership for that community, (b) to carry out such functions as may at any material time stand conferred on the relevant authority by or under any enactment (including this Act and any other enactment whether enacted before or after this Act), (c) to carry out any ancillary functions under section 65, and (d) to take such action as it considers necessary or desirable to promote the community interest in accordance with section 66. (2)(a) Without prejudice to the scope of subsection (1)(b) and for ease of reference only, there is set out— (i) in Part 1 of Schedule 12, certain Acts of the Oireachtas, the responsibility for which is primarily that of the Minister, which confer functions on local authorities or on classes of local authorities, and (ii) in Part 2 of Schedule 12, certain Acts of the Oireachtas, the responsibility for which is primarily that of a Minister of the Government other than the Minister, which confer functions on local authorities or on classes of local authorities. (b) Paragraph (a) shall not be read as setting out all relevant Acts which confer functions on local authorities or on classes of local authorities. (3) Subject to law, a local authority is independent in the performance of its func- tions. F78[(4) Subject to law, the functions of a local authority shall be performed for or on behalf of the local authority and in its name by the elected council (including the municipal district members in respect of each municipal district pursuant to section 131A) or the chief executive, as may be appropriate, in accordance with Part 14.] 91 PT. 9 S. 63 [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F78 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(1), S.I. No. 214 of 2014. Representational 64.—(1) As a forum for the democratic representation of the local community a functions of local local authority may represent the interests of such community in such manner as it authorities. thinks appropriate. (2) Without prejudice to the generality of subsection (1), a local authority may for the purposes of giving effect to that subsection— (a) ascertain and communicate to other local authorities and public authorities the views of the local community in relation to matters as respects which those other authorities perform functions and which affect the interests of the administrative area of the authority and the local community, (b) promote, organise or assist the carrying out of research, surveys (including public opinion surveys) or studies with respect to the local community or its administrative area, (c) facilitate and promote interest and involvement in local government affairs generally, (d) promote interest among young people in democracy and local government and in community and civic affairs generally, (e) promote the use of the Irish language and support Gaeltacht communities. (3) The making of a decision by a local authority in relation to the representation of the views of the local community under this section is a reserved function. Annotations Modifications (not altering text): C26 Application of subs. (3) extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 10, in effect as per reg. 3. Making of a decision in relation to the representation of the views of the local community. 10. The provision of section 64(3) of the Act shall apply in relation to the representation of the views of the local community in the area of the municipal district as if the reference to “a local authority” were a reference to “municipal district members”. Ancillary func- 65.—(1) A local authority may do anything ancillary, supplementary or incidental tions of local to or consequential on or necessary to give full effect to, or which will facilitate or is authorities. conducive to the performance of, a function conferred on it by this or any other enactment or which can advantageously be performed by the authority in conjunction with the performance of such a function. (2) The reference in subsection (1) to a function conferred on a local authority shall be read as including— (a) all such functions as may at any material time stand conferred on the local authority by or under any enactment (including this Act and any other enactment whether enacted before or after this Act), 92 PT. 9 S. 65 [No. 37.] Local Government Act 2001 [2001.] (b) the provision of offices, equipment or the doing of anything else which is necessary for or related to the general operation, organisation or administra- tion of the authority. (3) Every enactment relating to a function of a local authority shall be read and have effect in accordance with this section. Promotion of 66.—(1) In this section “assistance in money or in kind” includes— interests of local community. (a) grants, loans, guarantees or other financial aid, (b) land and structures of any kind and related services, facilities or equipment, (c) plant, machinery or equipment or the carrying out of works, (d) the services of staff of the local authority concerned, (e) financial aid in relation to the employment of staff, and (f) professional or technical assistance. (2) A decision by a local authority under this section to provide assistance in money or in kind to which paragraph (a), (b) or (e) of subsection (1) applies is a reserved function. F79[(3)(a) Subject to this section, a local authority may take such measures, engage in such activities or do such things in accordance with law (including the incurring of expenditure) as it considers necessary or desirable to promote the interests of the local community. (b) For the purposes of this section a measure, activity or thing is deemed to promote the interests of the local community if it promotes, directly or indirectly— (i) social inclusion or the social, environmental, recreational, cultural or community development, or (ii) the general development including enterprise and economic development, of the administrative area (or any part of it) of the local authority concerned or of the local community (or any group consisting of members of it). (c) Nothing in subsection (4) or section 66B or 67 shall be read as restricting the generality or meaning of this subsection.] (4) Without prejudice to the generality of subsection (3), a local authority may for the purposes of this section— (a) carry out and maintain works of any kind, (b) provide, maintain, manage, preserve or restore land, structures of any kind or facilities, (c) fit out, furnish or equip any building, structure or facility for particular purposes, (d) provide utilities, equipment or materials for particular purposes, (e) provide any service or other thing or engage in any activity that, in the opinion of the authority, is likely to benefit the local community, (f) upon and subject to such terms and conditions as the authority considers appropriate, provide assistance in money or in kind (including the provision of prizes and other incentives) in respect of the organisation or promotion 93 PT. 9 S. 66 [No. 37.] Local Government Act 2001 [2001.] of competitions, seminars, exhibitions, displays, festivals or other events, or organise or promote such events, (g) upon and subject to such terms and conditions as the authority considers appropriate, provide assistance in money or in kind to persons engaging in any activity that, in the opinion of the authority, benefits the local community, (h) take such measures in relation to the matters mentioned in section 67 as it considers necessary or desirable, (i) enter into such contracts and make such other arrangements (including the incorporation of one or more than one company) as the authority considers necessary or expedient either alone or jointly with any other local authority or public authority or any other person. (5) A local authority shall not, by virtue of this section, perform any function (including the incurring of expenditure or any liability, whether contractual or otherwise) which is conferred on the authority by any other provision of this Act (other than section 67) or of any other enactment. (6) A local authority shall not, by virtue of this section, undertake or provide assis- tance in money or in kind for the undertaking of any activity that would— (a) prejudice or unnecessarily duplicate activity arising from the performance of a statutory function by any person in the administrative area of the authority, or (b) having regard to the activities or proposed activities of that person in relation to the area, involve wasteful or unnecessary expenditure by the local authority. (7) The Minister may, with the consent of the Minister for Finance, prescribe by regulations matters in respect of which a local authority is not to exercise the functions conferred by this section or in respect of which such exercise is subject to terms or conditions set out in the regulations. (8) Expenditure (including the incurring of any liability whether contractual or otherwise) by a local authority in respect of the performance of its functions under this section (whether in respect of a particular activity or otherwise or in respect of a particular period or otherwise) shall not exceed such amount as may be prescribed by regulations made by the Minister. (9) There shall be recorded in the annual report of a local authority for every year expenditure and other particulars in relation to the performance of its functions under this section. (10) A local authority may make such charges for the use of, admission to or otherwise in relation to amenities, facilities, services or any other thing provided under this section (including matters mentioned in section 67) as it considers appro- priate. F80[(11) A decision of a local authority to make a charge under subsection (10) is a reserved function. (12) The performance by a local authority of functions under this section is subject to the performance by a Local Community Development Committee of so much of those functions as are deemed to have been delegated to the Committee by virtue of section 128B(2).] 94 PT. 9 S. 66 [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F79 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 43, S.I. No. 214 of 2014. F80 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 52, S.I. No. 214 of 2014. Modifications (not altering text): C27 Functions transferred and references to “Minister for Finance” in subs. (7) 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 Expen- diture 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) ... ... ... Local Government Act 2001 Sections 66(7), 81(6), 92(2), 109(8), 169(1)(a), No. 37 of 2001 212(3) and 231(1) ... ... ... F81[ Interpreta- 66A.— In the relevant sections— tion (sections 66A to 66H) ‘Committee’ means a local community development committee established pursuant to section 49A; ‘Plan’ has the meaning assigned in section 66B; ‘relevant sections’ means sections 66A to 66H.] 95 PT. 9 S. 66A [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F81 Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014. F82[ Local 66B.— (1) Each local authority shall make, in accordance with section 66C and any economic and regulations made, or general policy guidelines issued, by the Minister for the community plan purposes of that section, and the principles of sustainable development, a 6 year local economic and community plan (in this section referred to as the ‘Plan’), which shall be referred to as the ‘Local Economic and Community Plan’, prefixed by the name of the local authority concerned, and the Plan shall be for— (a) the promotion of economic development in its functional area, and (b) the promotion of local and community development in its functional area. (2) For the purposes of subsection (1), promotion of economic development includes but is not limited to— (a) creating and sustaining jobs, (b) promoting the interests of the community, including— (i) enterprise and economic development across economic sectors, (ii) foreign direct investment, (iii) indigenous industry, (iv) micro-enterprises and small and medium sized enterprises, (v) tourism, and (vi) agriculture, forestry and the marine sectors, and other natural resource sectors, (c) identifying local attributes that are essential— (i) to enhancing local economic performance, such as the quality of the environment and the qualities of cities, towns and rural areas, including— (I) accessibility, physical character, and infrastructure, (II) employment opportunities and quality of life, and the means by which these may be utilised to enhance competitiveness, and be supported by investment decisions relating to economic infrastruc- ture (including transportation, water services, energy, communications and waste management), together with social and cultural facilities, and (ii) to promoting local economic activities, (d) supporting enhancement of local innovation capacity, including investment in research and development capacity, technology transfer, up-skilling and re-skilling, (e) identifying, for existing and prospective businesses, opportunities to engage with local government on relevant matters in setting up and managing their businesses and to ensure speedy and co-ordinated access and response, (f) identifying local strengths and opportunities, weaknesses and deficiencies relevant to economic performance and— 96 PT. 9 S. 66B [No. 37.] Local Government Act 2001 [2001.] (i) in relation to such strengths and opportunities having regard to economic and employment trends, the means of maintaining and augmenting them, and (ii) in relation to such weaknesses and deficiencies, the means of addressing or rectifying them, and (g) identifying economic potential and the requirements to realise it. (3) For the purposes of subsection (1), promotion of local and community develop- ment includes, but is not limited to— (a) promoting and supporting the interests of local communities, or any part of a community or group within a local community, including measures to enhance quality of life and well-being of communities and measures aimed at— (i) tackling poverty, disadvantage and social exclusion through support for basic services and other initiatives, (ii) supporting training and up-skilling, creating and sustaining employment and self-employment opportunities, and investing in local development through community-focused supports and services, and (iii) the provision of infrastructure and community facilities and investment in physical regeneration and environmental improvements, (b) supporting the capacity of local communities to improve their quality of life, (c) supporting social enterprise, social capital, volunteering and active citizenship, (d) developing integrated and evidenced-based approaches to local service planning and delivery, (e) identifying the needs and priorities of local communities to enhance their well- being, and developing sustainable solutions that make the best use of local assets, strengths and opportunities to address those needs and priorities, (f) exploiting and co-ordinating funding sources from the public, private and community and voluntary sectors to stimulate and support local development and sustainability, and (g) promoting, supporting and facilitating community involvement in policy development and decision-making processes related to the planning, devel- opment and delivery of services. (4) Every Plan made pursuant to subsection (1) shall be consistent with— (a) the core strategy and the objectives of the development plan (being the development plan for the purposes of Chapter I of Part II of the Act of 2000) of the local authority concerned, and (b) any regional spatial and economic strategy or, as appropriate, regional planning guidelines (being a strategy or guidelines for the purposes of Chapter III of Part II of the Act of 2000), that apply to the area of the Plan, and shall consist of a written statement which may include objectives for the sustainable development of the area of the Plan. (5)(a) Without prejudice to subsections (2) and (3), the Plan to which subsection (1) relates shall include and integrate— (i) economic elements in respect of local economic development, and 97 PT. 9 S. 66B [No. 37.] Local Government Act 2001 [2001.] (ii) community elements in respect of local and community development. (b) Each local authority shall, without prejudice to and, in accordance with section 66C and any regulations made or policy guidelines issued by the Minister for that purpose, draft the economic elements of the Plan. (c) Each Committee shall, without prejudice to and, in accordance with sections 66C and 128B and any regulations made or policy guidelines issued by the Minister for that purpose, draft, adopt and obtain approval for the commu- nity elements of the Plan.] Annotations Amendments: F82 Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014. F83[ Preparation 66C.— (1) A local authority and a Committee shall, in preparing the economic and and making of community elements of a Plan, have regard to— local economic and community plans (a) the need to integrate sustainable development considerations into the Plan, (b) the resources, wherever originating from, that are available or likely to become available to it for the purpose of the Plan and the need to secure the most beneficial, effective and efficient use of such resources, (c) the need for co-operation with, and the co-ordination of its activities with those of other local authorities, public authorities and publicly funded bodies, the performance of some of whose functions affect or may affect the local authority and the Committee, (d) the need for consistency with the policies and objectives of the Government or any Minister of the Government or other public authority in so far as they may affect or relate to the promotion of economic and community develop- ment as provided for in sections 66B(2) and 66B(3), and (e) the need to integrate the economic and community elements, developed in accordance with the provisions of subsections (2) and (3), into the Plan. (2)(a) Each local authority in developing the economic elements of the Plan shall, in accordance with regulations made by the Minister under section 66H— (i) consult with members of the public (in this subsection referred to as a ‘public consultation process’) by publishing a public notice (which notice may be given by means of the internet or otherwise) inviting them to make observations or other submissions in writing to the local authority in relation to its proposed development of those elements of the Plan and, in relation to the observations and other submissions so made— (I) prepare and publish a report on them, and (II) have regard to them when preparing the economic elements of the Plan, (ii) consult with those public authorities and publicly funded bodies exercising functions that, in the local authority’s opinion, have a contribution to make or are making to economic development within the functional area of that local authority, and (iii) consult with any person or body prescribed by regulations made by the Minister under section 66H. 98 PT. 9 S. 66C [No. 37.] Local Government Act 2001 [2001.] (b) Following consultations in accordance with paragraph (a), the local authority concerned shall submit a draft of the economic elements of the Plan for consideration— (i) in respect of each municipal district concerned, by the municipal district members, and (ii) by the regional assembly for the region within which the local authority is located pursuant to section 43 of the Local Government Act 1991, and each shall adopt a statement on the draft for consideration by the elected council of that local authority and by the Committee. (c) The consideration of the economic elements of a draft of the Plan by the regional assembly, the municipal district members, in accordance with pararaph (b), and the Committee, in accordance with section 128B(1) (h), shall relate to its consistency with— (i) the core strategy and the objectives of the development plan (being the development plan for the purposes of Chapter I of Part II of the Act of 2000) of the local authority concerned, (ii) any regional spatial and economic strategy or, as appropriate, regional planning guidelines (being a strategy or guidelines for the purposes of Chapter III of Part II of the Act of 2000), that may apply, and (iii) the community elements of a draft of the Plan submitted by the Committee in accordance with subsection (3)(b). (d) The adoption by the municipal district members of a statement under paragraph (b) is a reserved function. (3)(a) The Committee, in developing the community elements of the Plan shall, in accordance with regulations made by the Minister under section 66H— (i) consult with members of the public (in this subsection referred to as a ‘public consultation process’) by publishing a public notice (which notice may be given by means of the internet or otherwise) inviting them to make observations or other submissions in writing to the local authority in relation to its proposed development of those elements of the Plan and, in relation to the observations and other submissions so made— (I) prepare and publish a report on them, and (II) have regard to them when preparing the community elements of the Plan, (ii) consult with those public authorities and publicly funded bodies exercising functions that, in the local Committee’s opinion, have a contribution to make or are making to community development to or within, the area of the Committee, and (iii) consult with any person or body prescribed by regulations made by the Minister under section 66H. (b) Following consultations in accordance with paragraph (a), the Committee concerned shall submit a draft of the community elements of the Plan for consideration— (i) in respect of each municipal district concerned, by the municipal district members, and (ii) by the regional assembly for the region within which the local authority, to which the Committee relates, is located pursuant to section 43 of the Local Government Act 1991, 99 PT. 9 S. 66C [No. 37.] Local Government Act 2001 [2001.] and each shall adopt a statement on the draft for consideration by the elected council of that local authority. (c) The consideration of the community elements of a draft of the Plan by the regional assembly, the municipal district members, in accordance with paragraph (b), and the local authority concerned, in accordance with subsection (4)(a), shall relate to its consistency with— (i) the core strategy and the objectives of the development plan (being the development plan for the purposes of Chapter I of Part II of the Act of 2000) of the local authority concerned, (ii) any regional spatial and economic strategy or, as appropriate, regional planning guidelines (being a strategy or guidelines for the purposes of Chapter III of Part II of the Act of 2000), that may apply, and (iii) the economic elements of a draft of the Plan prepared in accordance with subsection (2)(b). (d) The adoption by the municipal district members of a statement under paragraph (b) is a reserved function. (4)(a) Following the adoption of statements provided for in subsections (2)(b) and (3)(b) and any statement adopted by the Committee, the Plan (including any Plan amended consequent to subparagraph (i), or new Plan made consequent to subparagraph (ii) of section 66F(b)) shall integrate the economic and community elements and that Plan shall be made by the elected council of the local authority, with or without amendment, and any amendment by it shall relate only to the consistency of the Plan with— (i) the core strategy and the objectives of the development plan (being the development plan for the purposes of Chapter I of Part II of the Act of 2000) of the local authority concerned that apply to the area of the Plan, and (ii) any regional spatial and economic strategy or, as appropriate, regional planning guidelines (being a strategy or guidelines for the purposes of Chapter III of Part II of the Act of 2000) that apply to the area of the Plan. (b) The making of the Plan under paragraph (a) by the elected council of the local authority is a reserved function.] Annotations Amendments: F83 Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014. F84[ Publication 66D.— As soon as may be after the making of a Plan under section 66C, a copy of of local economic it— and community plans (a) shall be made available at the principal offices of the local authority and on its internet website, (b) shall be furnished to the Minister, and (c) may be inspected by any member of the public during normal opening hours, and purchased at a price not exceeding the reasonable cost of reproduction.] 100 PT. 9 S. 66D [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F84 Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014. F85[ Implementa- 66E.— (1) Without prejudice to the implementation of the community elements of tion of the the Plan in accordance with section 128B, each local authority shall— economic elements of local economic and (a) implement, or arrange for the implementation of the economic elements of community plans the Plan as made in accordance with section 66C, (b) co-ordinate, manage and oversee the implementation of the economic elements of the Plan and any projects or programmes prepared to support or advance the implementation of the economic elements of the Plan that have been either— (i) approved by resolution from time to time for that purpose by the local authority concerned in respect of all or part of its administrative area, or (ii) agreed for that purpose between the local authority and a public authority, and ensure that any plans and strategies related to those projects or programmes are implemented in accordance with the economic elements of the Plan, (c) seek to ensure effectiveness, consistency, co-ordination and avoidance of duplication between the economic development programmes to which paragraph (b) applies and the functions of the local authority in relation to promoting the interests of local communities or in other related functions under sections 66 and 66B or otherwise, and (d) in addition to those projects or programmes to which paragraphs (b) and (c) apply, pursue the co-ordination generally of all economic development programmes within the functional area of the local authority, for the purposes of— (i) supporting or advancing the implementation of the economic elements of the Plan or optimising resources for the benefit of local communities in that area, and (ii) improving the efficiency with which public authorities use their resources. (2) For the purposes of subsection (1), each local authority shall prepare, review and update, as appropriate, on an annual basis an implementation strategy. (3) The making and amendment of an implementation strategy is a reserved func- tion.] Annotations Amendments: F85 Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014. 101 PT. 9 S. 66F [No. 37.] Local Government Act 2001 [2001.] F86[ Monitoring 66F.— Without prejudice to the monitoring and review of the community elements and review of of the Plan in accordance with section 128B, each local authority shall— economic elements of local economic and (a) monitor and review on an ongoing basis the implementation of the economic community plans elements of the Plan, including performance against any benchmarks or indicators of performance set out in it and, if the local authority considers appropriate, to revise the actions, plans and strategies set to achieve its objectives, (b) undertake a review of the economic elements of the Plan at least once within the period of 6 calendar years after it was made or last amended for the purposes of this paragraph and, if the local authority considers it necessary after any such review— (i) to amend the economic elements of the Plan, or (ii) to make new economic elements of the Plan for approval by the local authority in accordance with the provisions of section 66C, and any such amendment or making shall be in accordance with any regula- tions made, or general policy guidelines issued, by the Minister for that purpose.] Annotations Amendments: F86 Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014. F87[ Annual 66G.— Each local authority shall include in its annual report an assessment in Report on moni- relation to the implementation and, where appropriate, review of its Plan in accor- toring and review of local economic dance with sections 66E, 66F and 128B during the year immediately preceding the and community year in which the report is submitted.] plans Annotations Amendments: F87 Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014. F88[ Regulations 66H.— (1) The Minister may, following consultation with such public authorities as and general poli- he or she considers appropriate, make regulations for the purposes of the relevant cy guidelines sections and sections 128B to 128F either generally or in relation to a regional assembly or a local authority or a Committee or to a particular class or classes of regional assemblies or local authorities or Committees and each regional assembly, local authority and Committee shall, to the extent that those regulations apply to it, comply with those regulations. (2) The Minister may, in particular but without prejudice to the generality of subsection (1), make regulations under that subsection in relation to the Plans including— (a) the preparation of a Plan, (b) the co-ordination of the preparation of the economic and community elements of a Plan, 102 PT. 9 S. 66H [No. 37.] Local Government Act 2001 [2001.] (c) the integration of the economic and community elements into a Plan, (d) the timing of the preparation of a Plan, (e) the role of the strategic policy committee established pursuant to section 48(1A), (f) extending or shortening the period of a Plan for the purposes of synchronising the time period for a Plan with other relevant plans and strategies, (g) the format and content of a Plan, (h) the procedures and processes to ensure consistency with the core strategy and objectives of the development plan of a local authority, (i) the procedures and processes to ensure consistency with the regional spatial and economic strategy and any regional planning guidelines referred to in subsections (2)(c)(ii), (3)(c)(ii) and (4)(a)(ii) of section 66C for the purposes of Chapter III of Part II of the Act of 2000, (j) engagement and consultation with the local community in the preparation of a Plan, (k) public consultation when a Plan is being prepared or reviewed, including the procedures and processes for seeking the timely and effective participation by the public concerned, (l) developing performance indicators and arrangements for measuring perfor- mance of a Plan, (m) publication of a Plan, (n) implementation of a Plan, including the preparation, review and updating of the implementation strategies provided for in section 66E(2) and the arrangements for implementation provided for in section 128B(1), and (o) the review and amendment of a Plan. (3) For the purposes of the relevant sections and sections 128B to 128F, the Minister may issue general policy guidelines in relation to— (a) principles guiding the preparation of the Plan, (b) matters to be taken into consideration when a public consultation process is being undertaken for the purposes of preparing or reviewing the Plan, (c) matters to be taken into account when a review of the Plan is being undertaken, (d) avoidance of duplication and optimising the use of available resources, (e) implementation arrangements for the Plan, and (f) any other matter of a general policy nature that the Minister considers appropriate for inclusion in the guidelines, and guidelines issued under this subsection may relate generally to all local authorities or to a particular class or classes of local authorities and shall, in so far as the guidelines relate to them, be complied with by every local authority, municipal district members and each Committee.] 103 PT. 9 S. 66H [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F88 Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014. Amenity, recre- 67.—(1) In accordance with and subject to section 66, a local authority may take ation and other such measures, engage in such activities or do such things (including the incurring of functions. expenditure) as it considers necessary or desirable to promote the interests of the local community in relation to the matters indicated in subsection (2). (2) (a) The matters referred to in subsection (1) are— (i) general recreational and leisure activities, (ii) sports, games and similar activities, (iii) artistic, linguistic and cultural activities, (iv) civic improvements, (v) general environmental and heritage protection and improvement, (vi) allotments, fairs and markets, and related amenities, facilities and services, (vii) the public use of amenities (both natural and made or altered by human intervention), and (viii) the promotion of public safety. (b) Without prejudice to the generality of paragraph (a), the matters referred to in subsection (1) shall also include the matters set out in the first column of Schedule 13 as expanded upon in the second column of that Schedule. (3) This section also applies to any amenity, facility, service, allotment or any other thing referred to in section 31(4) of the Local Government Act, 1994. (4) Nothing in this section shall be read as limiting the operation of section 66. Irish language 68.—(1) A local authority may, in performing its functions, take such steps as it and local authori- considers appropriate to encourage the use of the Irish language. ties. (2)(a) The Minister shall in accordance with this section issue, or arrange for the issue, to local authorities of guidelines, codes of practice or other guidance as regards the use of the Irish language in local government either generally or in respect of aspects of local authority functions. (b) Without prejudice to the generality of paragraph (a), such guidance may deal with the use of the Irish language by local authorities in relation to— (i) correspondence with members of the public, including written, oral, telephone and electronic communications; (ii) stationery, advertisements, notices or other official documents; (iii) the provision of services in the Gaeltacht; (iv) the provision of, or access to, suitable training for employees; (v) the promotion generally of the Irish language. 104 PT. 9 S. 68 [No. 37.] Local Government Act 2001 [2001.] (3) A local authority shall have regard to such guidance in the performance of its functions. (4)(a) For the purposes of this section the Minister may from time to time appoint an advisory group to be known by such name as may be designated by him or her. (b) An advisory group appointed under this section shall include— (i) at least one person who is a member of a local authority; (ii) at least one person who is a F89[chief executive] or other employee of a local authority; (iii) at least one person who is an officer of the Minister; and (iv) at least 2 persons from organisations concerned with the promotion of the Irish language. Annotations Amendments: F89 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 53, S.I. No. 214 of 2014. Local authorities 69.—(1) Subject to subsection (2), a local authority, in performing the functions to have regard to conferred on it by or under this or any other enactment, shall have regard to— certain matters in performing func- tions, etc. (a) the resources, wherever originating, that are available or likely to be available to it for the purpose of such performance and the need to secure the most beneficial, effective and efficient use of such resources, (b) the need to maintain adequately those services provided by it which it considers to be essential and, in so far as practicable, to ensure that a reasonable balance is achieved, taking account of all relevant factors, between its functional programmes, (c) the need for co-operation with, and the co-ordination of its activities with those of other local authorities, public authorities and bodies whose money is provided (directly or indirectly) either wholly or partly by a Minister of the Government the performance of whose functions affect or may affect the performance of those of the authority so as to ensure efficiency and economy in the performance of its functions, (d) the need for consultation with other local authorities, public authorities and bodies referred to in paragraph (c) in appropriate cases, (e) policies and objectives of the Government or any Minister of the Government in so far as they may affect or relate to its functions, (f) the need for a high standard of environmental and heritage protection and the need to promote sustainable development, and (g) the need to promote social inclusion. (2) A local authority shall perform those functions which it is required by law to perform and this section shall not be read as affecting any such requirement. (3) Every enactment relating to a function of a local authority shall be read and have effect subject to this section. 105 PT. 9 S. 69 [No. 37.] Local Government Act 2001 [2001.] (4) A local authority shall not by virtue of sections 63 to 67 perform any function— (a) which it is prohibited from enjoying or performing by this or any other enact- ment, or (b) without being subject to or complying with any conditions or restrictions to which, by virtue of this or any other enactment, the performance of the function is subject. Exercise of 70.—F90[...] certain functions. Annotations Amendments: F90 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 54, S.I. No. 214 of 2014. F91[ Objective of 71.— Without prejudice to section 69, the elected members of a local authority, in unified service to the performance of functions in respect of the authority as a whole and in respect of the public. municipal districts situated in the county or city and county concerned, shall take such steps as may be practicable to maximise effectiveness and efficiency in all aspects of the operations and services of the local authority, including customer service to the public generally.] Annotations Amendments: F91 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 55, S.I. No. 214 of 2014. Transfer of 72.—(1)(a) The Government may by provisional order transfer a F92[function of a certain functions Minister of the Government or of any other public authority] (other than a to local authori- ties. function that is required by the Constitution to be performed by a Minister of the Government) that, in the opinion of the Government, could be performed effectively by local authorities of a class or classes specified in the provisional order and is a function relating to the provision of a public service in the functional areas of local authorities of that class or those classes to local authorities of that class or those classes. (b) The Government may by provisional order amend or revoke a provisional order under this subsection (including a provisional order under this paragraph). (c) If a provision of a provisional order under this subsection that transfers a function is revoked, subsequent to its confirmation in accordance with paragraph (d), the function shall thereupon become and be vested in the F92[Minister of the Government or the other public authority, as the case may be, from which it was transferred] by the provisional order. (d) A provisional order under this subsection shall not have effect unless and until it is confirmed by an Act of the Oireachtas. (2) F93[...] 106 PT. 9 S. 72 [No. 37.] Local Government Act 2001 [2001.] (3)(a) A provisional order under subsection (1) F93[...] may contain such ancillary, subsidiary and incidental provisions as the Government or the Minister, as appropriate, may determine. (b) Without prejudice to the generality of paragraph (a), a provisional order under subsection (1) F93[...] may— (i) specify terms, conditions and restrictions upon and subject to which a function transferred by the provisional order or order (in this paragraph referred to as a “function concerned”) is to be performed by the local authorities to which the function is transferred (in this paragraph referred to as the “local authorities concerned”), (ii) provide for the transfer of assets and liabilities associated with a function concerned from the person or persons concerned to the local authorities concerned, (iii) provide for the use by the local authorities concerned of the services of staff of the person or persons concerned, (iv) provide for such financial arrangements and adjustments between the person or persons concerned and the local authorities concerned as are considered proper by the Government or the Minister, as appropriate, (v) provide for any necessary application, adaptation or modification of an enactment, (vi) provide for such other matters as are considered by the Government or the Minister, as appropriate, to be necessary to enable the transfer of a function concerned to which the order relates to have full effect and to enable such function to be performed by the local authorities concerned. F94[(4) In this section ‘public authority’ does not include a body to which paragraph (g) of the definition of ‘public authority’ in section 2(1) relates.] Annotations Amendments: F92 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 45(a), (b), S.I. No. 214 of 2014. F93 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 45(c), (d), S.I. No. 214 of 2014. F94 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 45(e), S.I. No. 214 of 2014. F95[ Saver (func- 73.— Subject to section 72 and Chapter 5 of this Part and to Parts 2 and 3 of the tional area). Local Government Reform Act 2014, nothing in this Act affects the definition in any other enactment (however expressed or implied) of the functional area of a local authority for the purposes of a function conferred by that enactment.] Annotations Amendments: F95 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 56, S.I. No. 214 of 2014. 107 PT. 9 S. 74 [No. 37.] Local Government Act 2001 [2001.] C HAPTER 2 Ceremonial Functions Civic honours. 74.—(1) (a) A local authority may confer a civic honour on a distinguished person in such manner as it may determine, including the admission of the person to the honorary freedom of its administrative area, and may establish and maintain a roll or other record in which to enter the names of persons so honoured. (b) The Cathaoirleach may, without prejudice to paragraph (a), propose a person for a civic honour under this section. (2) Any roll or other record of civic honour established and maintained by a local authority before the commencement of this section shall continue as if established and maintained under this section. (3) A decision of a local authority to confer a civic honour on a person is a reserved function. (4) The repeal by this Act of section 48(3) of the Local Government Act, 1991, shall not have effect as respects any person to whom that section applies. Twinning of local 75.—(1) A local authority may enter into arrangements for the twinning of its authority areas. administrative area or a part of it or establish other similar links with any other area, whether within or outside the State. (2) The decision to enter into an arrangement under subsection (1) is a reserved function. (3) A local authority shall not enter into an arrangement under subsection (1) unless, having had regard to the following matters, it is satisfied that the arrangement is justified: (a) the benefits likely to accrue to its administrative area and the local community, (b) the social, cultural and general interests of its administrative area and the local community, and (c) the total cost involved. (4) The Minister may issue directions to local authorities or specified classes of local authorities for the purposes of this section. (5) There shall be recorded in the annual report of a local authority for every year expenditure and other particulars in relation to the performance of its functions under this section. Entertainment 76.—(1) A local authority may incur reasonable expenditure for or in connection and associated with the provision of receptions and entertainment for, and the making of presenta- expenses of local authorities. tions— (a) to distinguished persons, and (b) in connection with the holding of special events relevant to its functions. (2) A decision to incur expenditure under subsection (1) is a reserved function. (3) There shall be recorded in the annual report of a local authority for every year expenditure and other particulars in relation to the performance of its functions under this section. 108 PT. 9 S. 77 [No. 37.] Local Government Act 2001 [2001.] C HAPTER 3 Library and Archival Functions F96[ Library 77.— Each of the following is a library authority: authorities. (a) a county council; (b) a city council; (c) a city and county council; and references to ‘library authority’ shall be read accordingly.] Annotations Amendments: F96 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 57, S.I. No. 214 of 2014. Editorial Notes: E187 Power pursuant to section exercised (1.09.2002) by Local Government Act, 2001 (County Tipperary Joint Libraries Committee) Regulations 2002 (S.I. No. 214 of 2002). Functions of 78.—(1) A library authority may take such measures, engage in such activities or library authori- do such things in accordance with law (including the incurring of expenditure) for the ties. provision of library services as it considers necessary or desirable. (2) A library authority may, in particular, arrange for the provision of the following services: (a) premises and facilities (including mobile facilities) for the borrowing of and reference to books and other printed matter, tapes and discs (being audio, video or both), slides, and such other material, including material available by means of the use of computers and information technologies, as it considers appropriate; (b) activities and events of artistic, linguistic, educational, cultural, recreational, community or similar interest; (c) such other information services, including services available by means of the use of computers and information technologies, as can in its opinion be supplied in conjunction with its functions as a library authority. (3) A library authority is not, by virtue of subsection (1) or (2), to undertake any activity which in its opinion would unnecessarily duplicate activity arising from the performance of a statutory function by any other public authority or person. (4) A library authority may make such arrangements as it considers desirable for the provision of library services to any other library authority, public authority or other body (including a school) or by any such body to that library authority. (5) A library authority shall from time to time, or if requested by the Minister, prepare and adopt a programme for the operation and development of its library service (in this section referred to as the “library development programme”). (6) Every library development programme prepared by a library authority under subsection (5) shall include— 109 PT. 9 S. 78 [No. 37.] Local Government Act 2001 [2001.] (a) an outline of the existing library services, (b) the development objectives and priorities for the library service, (c) the measures taken or proposed to be taken to secure those development objectives, (d) the financial or other implications of the library development programme, (e) such other matters as are considered necessary by the library authority or as the Minister may specify in writing. (7) The adoption of a library development programme is a reserved function. An Chomhairle 79.—F97[...]. Leabharlanna. Annotations Amendments: F97 Repealed (1.11.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 15(1), S.I. No. 422 of 2012. Modifications (not altering text): Editorial Notes: E188 Power pursuant to section and Copyright and Related Rights Act 2000 (28/2000), s. 42A exercised (31.12.2008) by Copyright and Related Rights (Public Lending Remuneration Scheme) Regulations 2008 (S.I. No. 597 of 2008), as amended (20.06.2013) by Copyright and Related Rights (Public Lending Remuneration Scheme) (Amendment) Regulations 2013 (S.I. No. 221 of 2013). E188 Previous affecting provision: power pursuant to section exercised (26.02.2008) by Local Government (An Chomhairle Leabharlanna) (Amendment) Regulations 2008 (S.I. No. 55 of 2008); revoked (1.11.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 15(2)(d), S.I. No. 422 of 2012. E189 Previous affecting provision: subs. (6)(e) amended (4.12.2007) by Copyright and Related Rights (Amendment) Act 2007 (39/2007), s. 14, commenced on enactment; section repealed as per F-note above. E190 Previous affecting provision: power pursuant to section exercised (3.09.2007) by Local Government (An Chomhairle Leabharlanna) (Amendment) Regulations 2008 (S.I. No. 708 of 2007), in effect as per reg. 3; revoked (1.11.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 15(2)(c), S.I. No. 422 of 2012. E192 Previous affecting provision: power pursuant to section exercised (29.01.2003) by Local Government (An Chomhairle Leabharlanna) (Amendment) Regulations 2003 (S.I. No. 28 of 2003); revoked (1.11.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 15(2)(b), S.I. No. 422 of 2012. Records and 80.—(1) In this section— archives of local authorities. “local archives” includes— (a) such records and documents (including copies) as are, at the commencement of this section, held by any local archives service operated by any local authority (whether alone or in co-operation with another person or body), (b) archival material acquired by a local authority under subsection (3), and 110 PT. 9 S. 80 [No. 37.] Local Government Act 2001 [2001.] (c) other local records which are more than 30 years old, except such records as are certified, in accordance with directions under subsection (4), to be unsuitable for classification as local archives; “local records” includes books, maps, plans, drawings, papers, files, photographs, films, micro-films and other micrographic records, sound recordings, pictorial records, magnetic tapes, magnetic discs, optical or video discs, other machine-readable records, other documentary or processed material made or received, and held in the course of its business or as successor to any other body by a local authority and includes copies of any such records duly made, but does not include— (a) grants, deeds or other documents of title relating to property for the time being vested in the local authority, and (b) any part of the permanent collection of a library, museum or gallery. (2) Subject to the other provisions of this section, it is a function of a local authority to make arrangements for the proper management, custody, care and conservation of local records and local archives and for inspection by the public of local archives. (3) A local authority may acquire, by purchase, donation, bequest or loan, and undertake the care and conservation of, archival material of local interest which is in the possession of any other person or body (including another local authority). (4) The Minister may, after consultation with the Director of the National Archives, give advice or directions to local authorities in relation to any matter relating to local records and local archives and, in particular and without prejudice to the foregoing, in relation to— (a) the retention, management, preservation, restoration and reproduction of local records and local archives, (b) the certification of local records to be unsuitable for classification as local archives, and the review of such certification at specified intervals, (c) the availability of local archives for public inspection, (d) the making and provision of copies and extracts from local archives, (e) circumstances in which local archives, or particular classes of local archives, may be withheld from public inspection, (f) the preparation of guides, lists, indexes and finding aids to local archives, (g) the lending of local archives to appropriate institutions, bodies and societies, whether in the State or elsewhere, and (h) the disposal of local records and local archives. (5) Section 13 of the National Archives Act, 1986, shall cease to have effect in relation to records or documents of a local authority. (6) Without prejudice to subsection (4), the National Archives Advisory Council may advise the Minister on any matter affecting local archives and their use by the public. (7) Nothing in this section affects any rights of a person claiming to be the owner of a document to recover the document. (8) The making or supplying of reproductions by or under the direction of a local authority of archives which are held in accordance with this section and are open to public inspection shall not, subject to any terms or conditions under which archival material was acquired under subsection (3), infringe the copyright of such archives. (9) A person shall not remove, conceal, damage or destroy archives held by a local authority in accordance with this section. 111 PT. 9 S. 80 [No. 37.] Local Government Act 2001 [2001.] (10) A person who contravenes subsection (9) is guilty of an offence and is liable on summary conviction to a fine not exceeding £1,500. (11) Summary proceedings for an offence under this section may be brought by the local authority concerned. C HAPTER 4 Non-Public Roads — Local Improvement Schemes Assistance 81.—(1) In this section— towards non- public roads. F98[‘functional area’ means— (a) a county, or (b) so much of the area of the city and county that does not comprise of the area of a dissolved local authority area of a city council;] “improvement” includes associated drainage works; “non-public road” means a road which is not a public road within the meaning of the Roads Act, 1993; “road” has the same meaning as in the Roads Act, 1993; “road authority” means a county council. (2) The Minister may make a grant to a road authority in relation to assistance by the authority towards the construction or improvement of non-public roads in its functional area. (3) A road authority may provide assistance by way of the carrying out of works, a financial contribution or otherwise towards the construction or improvement of a non-public road which— (a) provides access to parcels of land of which at least 2 are owned or occupied by different persons, or (b) provides access for harvesting purposes (including turf or seaweed) for 2 or more persons, or (c) shall in the opinion of the road authority be used by the public. (4) Assistance by a road authority under this section shall be— (a) conditional on a prior written agreement by the parties concerned with the road authority and a financial contribution by such parties, and (b) subject to such other terms and conditions as the Minister may consider appropriate. (5) The provision of assistance by a road authority under this section does not make the authority liable for the maintenance of the non-public road in question nor impose any other duties or liabilities on the authority in respect of such road. (6) After consultation with the Minister and with the consent of the Minister for Finance, any other Minister of the Government may make a grant to a road authority in relation to the construction or improvement of non-public roads in accordance with a scheme made by him or her. (7) Section 6(2) of the Local Government Act, 1998, is hereby amended by the substitution of the following for paragraph (b): 112 PT. 9 S. 81 [No. 37.] Local Government Act 2001 [2001.] “(b) the carrying out of works under section 81 of the Local Government Act, 2001, or”. Annotations Amendments: F98 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 58, S.I. No. 214 of 2014. Modifications (not altering text): C28 Functions transferred and references to “Department of Finance” and “Minister for Finance” in subs. (6) construed (29.07.2011) by Finance (Transfer of Departmental Administration and Minis- terial 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 Expen- diture 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) ... ... ... Local Government Act 2001 Sections 66(7), 81(6), 92(2), 109(8), 169(1)(a), No. 37 of 2001 212(3) and 231(1) ... ... ... C29 Functions transferred and references to “Department of the Environment, Heritage and Local Government” and “Minister for the Environment, Heritage and Local Government” construed (1.01.2008) by Roads and Road Vehicles (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 815 of 2007), 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 exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Transport. 113 PT. 9 S. 81 [No. 37.] Local Government Act 2001 [2001.] (2) References to the Department of the Environment, Heritage and Local Government contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Transport. 3. (1) The functions vested in the Minister for the Environment, Heritage and Local Government by or under— (a) an Act set out in the first column of Part 1 of the Schedule, and (b) a statutory instrument set out in the first column of Part 2 of the Schedule, are transferred to the Minister for Transport to the extent specified in the second column of the Part concerned opposite the mention of Act or statutory instrument (as the case may be) so set out. ... 5. Anything commenced before the commencement of this Order by or under the authority of the Minister for the Environment, Heritage and Local Government may, in so far as it relates to functions transferred by this Order to the Minister for Transport, be carried on or completed on or after such commencement by the Minister for Transport. ... Schedule Part 1 Acts, certain functions under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Transport ... Short Title of Act and number Extent of transfer of functions to the Minister for Transport ... ... Local Government Act 2001 (No. 37 Section 81 of 2001) ... ... C HAPTER 5 Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc. Definitions (Chap- 82.—In this Chapter— ter 5). “town sanitary authority” means a sanitary authority under the Local Government (Sanitary Services) Acts, 1878 to 1995, being an urban district council or a borough (other than a county borough) corporation and references to a “town sanitary district” shall be read as a reference to the relevant urban district or borough; but subject to section 3; “water functions” means the functions of a town sanitary authority under— (a) the Local Government (Sanitary Services) Acts, 1878 to 1995, and this Chapter, other than functions conferred on a town sanitary authority under— (i) Parts IV to VI of the Local Government (Sanitary Services) Act, 1948, (ii) the Local Government (Sanitary Services) (Joint Burial Boards) Act, 1952, (iii) the Local Government (Sanitary Services) Act, 1964, except section 4, 114 PT. 9 S. 82 [No. 37.] Local Government Act 2001 [2001.] (iv) Part II of the Public Health Acts Amendment Act, 1907, (v) sections 34 to 37 and Part IV of the Public Health Acts Amendment Act, 1890, (vi) so much of the Public Health (Ireland) Act, 1878, and the Public Health (Ireland) Act, 1896, as do not relate to the functions of a sanitary authority in relation to sewerage and drainage or the supply of water, (b) the Water Supplies Act, 1942, (c) the Health (Fluoridation of Water Supplies) Act, 1960, (d) the Local Government (Water Pollution) Acts, 1977 and 1990, and (e) any enactment as may be specified in regulations under section 83(7). Functions under 83.—(1) On the coming into operation of this section— Local Government (Sanitary (a) the water functions of a town sanitary authority shall transfer to and be Services) Acts, 1878 to 1995, functions of the county council in whose administrative county the relevant etc. town sanitary district was situated, and (b) the county council concerned is the sanitary authority for the purposes of those functions, and the county shall for those purposes comprise a single sanitary district and each town sanitary district existing before such day shall form part of that single district. (2) (a) Notwithstanding the repeal of the Local Government (Amendment) (No. 2) Act, 1934, by this Act and subject to paragraph (b), nothing in this section affects the division of the administrative County of Cork into 3 county health districts by order under the Local Government (Amendment) (No. 2) Act, 1934, which shall each comprise a single sanitary district for the purposes of this section and each such district may be known as a “Division” or such other title as may be assigned by Cork County Council. (b) Cork County Council may be resolution alter the boundaries of any such Division or terminate all such Divisions in consequence of which termination the County comprises of a single sanitary district for the purposes of this section. (3) A reference in any enactment to a county health district shall, in so far as it relates or applies for the purposes of the water functions and subject to this section, be read as a reference to a sanitary district within the meaning of subsection (1). (4) On the commencement of this provision, all property, real and personal (including all interests, rights and easements in, to, and out of property and choses- in-action) which immediately before such commencement was vested in a town sanitary authority and was used solely for the purposes of the water functions and all rights, powers, licences and privileges connected with such functions shall, unless the relevant county council and town sanitary authority otherwise agree, stand vested in the county council without any conveyance or assignment. (5) A town sanitary authority may issue a certificate under the hand of its town clerk in respect of specified property certifying, as it thinks proper, that the property vested or did not vest under this section and the certificate is evidence of the facts stated in it unless the contrary is shown. (6) A sanitary authority may make arrangements with any other local authority in relation to the discharge of its water functions. 115 PT. 9 S. 83 [No. 37.] Local Government Act 2001 [2001.] (7) The Minister may be regulations make such provision as in his or her opinion may be necessary arising from or connected with the transfer of functions effected by this section and for that purpose may— (a) specify functions under any enactment which shall be water functions for the purposes of this section, (b) make any necessary adaptation or modification of the Local Government (Sanitary Services) Acts, 1878 to 1995, the Water Supplies Act, 1942, the Local Government (Water Pollution) Acts, 1977 and 1990, or any other enactment for the purposes of this section, (c) provide for financial adjustments between a county council and any other local authority affected by such transfer and for the method of determination of such adjustments, (d) provide for the payment of money by or to a county council or by or to any other local authority affected by such transfer or for any other financial arrangements which may be necessary. Saver (Chapter 5). 84.—F99[...] Annotations Amendments: F99 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 59, S.I. No. 214 of 2014. PART 10 A GREEMENTS AND ARRANGEMENTS CONCERNING FUNCTIONS Agreements 85.—(1) Where in the opinion of a local authority any function performable by it concerning func- should be performed, generally or in a particular case, by another local authority, tions. and that other authority is able and willing so to perform the function, then the authorities may enter into an agreement that— (a) the function shall be so performed on behalf of the first-mentioned authority by the other authority, and (b) it becomes so performable by that other authority in accordance with the agreement. (2) Where in the opinion of a body which is a public authority any function performable by it should be performed, generally or in a particular case, by a local authority, and that local authority is able and willing so to perform the function, then the body and the local authority may enter into an agreement that— (a) the function shall be so performed on behalf of the body by the local authority, and (b) it becomes so performable by that local authority in accordance with the agreement. (3) Where— (a) consequent on an agreement under this section, a function becomes performable by a local authority, and 116 PT. 10 S. 85 [No. 37.] Local Government Act 2001 [2001.] (b) the body, being a local authority or other body as referred to in subsection (2), as the case may be, which is the other party to the agreement would, if it performed the function, be authorised by law to do any act or thing in relation to such performance, then the local authority is authorised to do that act or thing in relation to the performance by it of the function as if it were that body. (4) An agreement under this section may contain terms and conditions as to— (a) the performance of the function by the local authority, to such extent and for such period as may be specified in the agreement, (b) the making of payments or the transfer of financial responsibility, and (c) for such other matters as may be considered necessary to give effect to the agreement, and may provide for an area of charge other than the area of charge specified in section 10 of the Local Government Act, 1946. F100[(4A) An agreement under this section made after the commencement of section 20 of the Local Government Act 2019 shall not contain any term, condition or provision that is inconsistent with an arrangement under that section.] (5) The making of an agreement by a local authority under this section, in so far as it relates to it, is a reserved function. (6) An agreement under this section may relate to all or part of the area of a local authority as may be specified in the agreement. F101[(7) This section is without prejudice to section 8 of the Health Act 2004 or section 10 of the Child and Family Agency Act 2013 and an agreement shall not be entered into under this section in any case in which an agreement could be entered into under either of those sections.] Annotations Amendments: F100 Inserted (31.01.2019) by Local Government Act 2019 (1/2019), s. 35(b), S.I. No. 20 of 2019. F101 Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 15 item 3, S.I. No. 502 of 2013. Editorial Notes: E193 Previous affecting provision: subs. (7) substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 21 item 3, S.I. No. 887 of 2004; substituted as per F-note above. Joint discharge of 86.—(1) Two or more local authorities may make arrangements for the joint discharge functions and of any of their functions. provision of services. (2) An arrangement under subsection (1) may relate to all or part of an area of a local authority. (3) A local authority may, by agreement, provide staff or other services for or avail of such services of any person other than a local authority. 117 PT. 10 S. 87 [No. 37.] Local Government Act 2001 [2001.] Direction to make 87.—(1) Whenever it appears to the Minister that an agreement under section 85(1) agreements. should be made between local authorities for the purpose of any of their functions, he or she may direct them to enter into an agreement. (2) A direction under subsection (1) shall only be made by the Minister after giving each local authority concerned an opportunity to make representations to him or her in writing and after considering any representations so made. (3) The Minister may direct that any agreement entered into under this section contains such terms and conditions as he or she may specify and the authorities concerned shall comply with any direction given by the Minister. (4) An agreement entered into under this section shall not be revoked except with the consent of the Minister. Savers (Part 10). 88.—(1) Where on the commencement of this section an agreement under section 59 of the Local Government Act, 1955, is in force, that agreement continues in force as if it were an agreement made under section 85 notwithstanding the repeal by this Act of section 59 of the Local Government Act, 1955. (2) Without prejudice to section 20 of the Interpretation Act, 1937, references in section 10 of the Fire Services Act, 1981, section 14 of the Roads Act, 1993, section 2 of the Building Control Act, 1990, and section 5 of the Local Government Act, 1998, to section 59 of the Local Government Act, 1955, shall be read as references to section 85 of this Act. PART 11 L OCAL G OVERNMENT C OMMISSION Establishment of 89.—F102[...] Local Government Commission. Annotations Amendments: F102 Part 11 (ss. 89-95) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 60, S.I. No. 214 of 2014. Functions of 90.—F103[...] Commission. Annotations Amendments: F103 Part 11 (ss. 89-95) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 60, S.I. No. 214 of 2014. Members of 91.—F104[...] Commission. 118 PT. 11 S. 91 [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F104 Part 11 (ss. 89-95) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 60, S.I. No. 214 of 2014. Eligibility and 92.—F105[...] tenure of office of members, etc. Annotations Amendments: F105 Part 11 (ss. 89-95) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 60, S.I. No. 214 of 2014. Editorial Notes: E194 Previous affecting provision: functions transferred and references to “Department of Finance” and “Minister for Finance” in subs. (2) 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); section repealed as per F-note above. Meetings and 93.—F106[...] procedures of Commission. Annotations Amendments: F106 Part 11 (ss. 89-95) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 60, S.I. No. 214 of 2014. Services to 94.—F107[...] Commission. Annotations Amendments: F107 Part 11 (ss. 89-95) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 60, S.I. No. 214 of 2014. Submissions to 95.—F108[...] Commission. 119 PT. 11 S. 95 [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F108 Part 11 (ss. 89-95) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 60, S.I. No. 214 of 2014. PART 12 F INANCIAL P ROCEDURES AND A UDIT C HAPTER 1 Financial Procedures Local financial 96.—In this Chapter “local financial year” means a calendar year or such other year. period as the Minister may by regulations prescribe. The local fund. 97.—(1) Every local authority shall maintain a fund to be known as the local fund which consists of such accounts kept under section 107 as may be necessary. (2)(a) F109[...] (b) A reference in any enactment to a county fund, municipal fund or any other fund, which was maintained immediately before the commencement of this provision, shall be read as a reference to a local fund. (3) There shall be paid into the local fund all money received by or on behalf of a local authority F110[(including by or on behalf of a successor authority in respect of a dissolved body to which the successor authority relates)], other than money received for the purposes of a community fund established under section 109 F111[or a BID fund established under section 129K]. (4) Subject to section 99, there shall be paid out of the local fund the expenses incurred by a local authority in the performance of its functions, other than expenses payable out of a community fund established under section 109 F111[or a BID fund established under section 129K]. (5) A payment shall not be made out of the local fund unless it is authorised in accordance with section 99 or ordered by a court established under the Courts (Establishment and Constitution) Act, 1961. Annotations Amendments: F109 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 58(a), S.I. No. 214 of 2014. F110 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 58(b), S.I. No. 214 of 2014. F111 Inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 3, S.I. No. 165 of 2007. Banking arrange- 98.—Subject to section 106, a local authority or joint body may enter into such ments. arrangements, including investment arrangements, with such credit institutions 120 PT. 12 S. 98 [No. 37.] Local Government Act 2001 [2001.] authorised to carry on banking business in the State or financial institutions guaranteed by the Minister for Finance, as it deems appropriate, for the prudent management of moneys received by it. Authorisation of 99.—(1) In this section “local authority” includes a joint body. payments. (2) Payments may be made out of the funds of a local authority on the authorisation of the F112[chief executive] or an employee nominated under subsection (3) and, in each such case, the payments shall be counter-authorised by an employee, other than the F112[chief executive] or first-mentioned employee, nominated under subsection (3). (3) The manager may for the purposes of subsection (2) by order nominate an employee or employees of a local authority for which the F112[chief executive] is responsible. Annotations Amendments: F112 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 61, 62, S.I. No. 214 of 2014. County council 100.—F113[...] expenditure: town services. Annotations Amendments: F113 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 58(c), S.I. No. 214 of 2014. Editorial Notes: E195 Previous affecting provision: power pursuant to section exercised (13.01.2014) by Local Government (Financial Procedures and Audit) (Amendment) Regulations 2014 (S.I. No. 8 of 2014), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect. E196 Previous affecting provision: power pursuant to section exercised (14.11.2002) by Local Government (Financial Procedures and Audit) Regulations 2002 (S.I. No. 508 of 2002); revoked (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), reg. 30, in effect as per reg. 2. Expenses of 101.—F114[...] certain town councils. Annotations Amendments: F114 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 58(c), S.I. No. 214 of 2014. 121 PT. 12 S. 101 [No. 37.] Local Government Act 2001 [2001.] Editorial Notes: E197 Power pursuant to section exercised (13.01.2014) by Local Government (Financial Procedures and Audit) (Amendment) Regulations 2014 (S.I. No. 8 of 2014), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect. E198 Previous affecting provision: power pursuant to section exercised (14.11.2002) by Local Government (Financial Procedures and Audit) Regulations 2002 (S.I. No. 508 of 2002); revoked (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), reg. 30, in effect as per reg. 2. Local authority 102.—(1) In this section “local authority” includes a joint body. budget. (2) In each local financial year, each local authority shall prepare a draft local authority budget setting out for the next local financial year— (a) the expenditure estimated to be necessary to carry out its functions, and (b) the income estimated to accrue to it. F115[(3) The draft local authority budget shall be prepared under the direction of the chief executive in the manner and in the format that may be prescribed by regu- lations made by the Minister showing the amounts necessary for the functional programmes of the authority.] (4) The F116[chief executive] shall, as provided for in section 133(4)(a), consult the corporate policy group in the preparation of a draft local authority budget. F117[(4A)(a) In the case of a county council or a city and county council, the chief executive shall consult the municipal district members for each municipal district in the council’s functional area in the preparation of a draft local authority budget and, for that purpose, a draft budgetary plan for the municipal district shall be prepared under the direction of the chief executive and submitted for consideration by the municipal district members for each municipal district in the manner and in the format that may be prescribed by regulations made by the Minister. (b) In determining the resources to be made available to each municipal district in the draft budgetary plan, the chief executive shall have regard to— (i) the needs of, and the resources available or likely to be available to, the local authority, and (ii) resource needs of each municipal district including, where appropriate, the population of each municipal district. (c) Following consideration of a draft budgetary plan under paragraph (a), the municipal district members shall by resolution adopt the draft budgetary plan with or without amendment. (d) The making of amendments under paragraph (b) by the municipal district members is a reserved function. (e) The chief executive shall take account of any budgetary plan adopted by the municipal district members in preparing the draft local authority budget (in accordance with subsection (2)).] (5) Any reference in any enactment to an estimate or estimate of expenses of a local authority shall be read as a reference to a local authority budget prepared under this section and adopted under section 103(7). 122 PT. 12 S. 102 [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F115 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 58(d), S.I. No. 214 of 2014. F116 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 63, S.I. No. 214 of 2014. F117 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 58(e), S.I. No. 214 of 2014. Editorial Notes: E199 Previous affecting provision: power pursuant to section exercised (13.01.2014) by Local Government (Financial Procedures and Audit) (Amendment) Regulations 2014 (S.I. No. 8 of 2014), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect. E200 Previous affecting provision: power pursuant to section exercised (14.11.2008) by Local Government (Financial Procedures and Audit) Regulations 2002 (Amendment) Order 2008 (S.I. No. 467 of 2008), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect. E201 Previous affecting provision: power pursuant to section exercised (14.11.2002) by Local Government (Financial Procedures and Audit) Regulations 2002 (S.I. No. 508 of 2002); revoked (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), reg. 30, in effect as per reg. 2. Local authority 103.—(1) In this section “local authority” includes a joint body. budget meeting. (2) A draft local authority budget prepared in accordance with section 102 shall be considered by the local authority at a meeting (in this Act referred to as a “local authority budget meeting” or budget meeting)— (a) at which the F118[chief executive] or an employee to whom subsection (3) relates is present, F119[(b) which is held during the period directed by the Minister, and] (c) of which not less than 7 days’ notice has been given to every member of the local authority. (3) Where the F118[chief executive] is unable to be present at a local authority budget meeting or, where it would be inconsistent with the due performance of his or her functions in relation to the local authorities for which he or she is F118[chief executive], to be present at such a meeting, such other employee as may stand nominated for that purpose by the F118[chief executive] shall attend the meeting instead. (4) Not less than 7 days before the day on which a local authority budget meeting is to be held, the F118[chief executive] shall— (a) place a copy of the draft local authority budget in the principal offices of the local authority, (b) send a copy of the draft local authority budget, together with a report outlining the provisions of that draft, to every member of the local authority, and (c) give public notice of the fact that the draft local authority budget has been prepared and that a copy of it has been placed in the principal offices of the 123 PT. 12 S. 103 [No. 37.] Local Government Act 2001 [2001.] local authority and indicate the place, date and time of the local authority budget meeting. (5) A copy of a draft local authority budget— (a) shall be made available at the principal offices of the local authority, (b) may be inspected by any member of the public during normal opening hours, and (c) copies may be purchased at a price not exceeding the reasonable cost of reproduction. (6) The members of a local authority may adjourn a local authority budget meeting from time to time but any such adjournment shall be to a day that is within the period of F118[14 days] beginning on the day on which the local authority budget meeting first begins. (7) At a local authority budget meeting the local authority— (a) may by resolution amend the draft local authority budget, F119[(b) shall by resolution adopt the draft local authority budget with or without amendment, and— (i) shall— (I) subject to section 10 of the Local Government (Financial Provisions) Act 1978, by resolution determine in accordance with the local authority budget as so adopted, the annual rate on valuation to be levied, and (II) where appropriate, have regard to the base year adjustment deter- mined in accordance with section 29 of the Local Government Reform Act 2014, or (ii) where it is a joint body, shall prepare and by resolution adopt, in accor- dance with the local authority budget as so adopted, the demand by the joint body whereby the money to meet the expenses of the joint body, in the forthcoming local financial year is to be obtained.] (8) A copy of a local authority budget as adopted under subsection (7)— (a) shall be made available at the principal offices of the local authority, (b) may be inspected by any member of the public during normal opening hours, and (c) may be purchased at a price not exceeding the reasonable cost of reproduction. F119[(9) Notwithstanding the other provisions of this section and section 102, a local authority budget may be adopted and the annual rate on valuation determined (including, where appropriate, having regard to the base year adjustment determined in accordance with section 29 of the Local Government Reform Act 2014) in the local financial year to which that budget or that rate applies, where this is in accordance with the period directed by the Minister for holding the local authority budget meeting.] (10) Where a local authority budget has not been adopted in accordance with this Chapter by a local authority before the beginning of a particular local financial year, it is lawful for the local authority to use money or to incur liability in that local financial year for any particular purpose or functional programme in respect of which 124 PT. 12 S. 103 [No. 37.] Local Government Act 2001 [2001.] money was used or liability was incurred by the local authority in the immediately preceding local financial year. (11)(a) The amount used or the liability incurred as a consequence of subsection (10) by the local authority shall not exceed one-third of the amount previously used, or of the cost of meeting the liability previously incurred by the local authority in the immediately preceding local financial year. (b) The Minister may by order vary the fraction referred to in paragraph (a). (12)(a) Any reference in any enactment to an estimates meeting of a local authority shall be read as a reference to a local authority budget meeting as provided for in this section. (b) Any reference in any enactment to a rate in the pound or rates in the pound shall be read as a reference to an annual rate on valuation. Annotations Amendments: F118 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 64-67, S.I. No. 214 of 2014. F119 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 58(f)-(h), S.I. No. 214 of 2014. Editorial Notes: E202 Previous affecting provision: power pursuant to section exercised (13.01.2014) by Local Government (Financial Procedures and Audit) (Amendment) Regulations 2014 (S.I. No. 8 of 2014), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect. E203 Previous affecting provision: power pursuant to section exercised (14.11.2008) by Local Government (Financial Procedures and Audit) Regulations 2002 (Amendment) Order 2008 (S.I. No. 467 of 2008), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect. E204 Previous affecting provision: power pursuant to section exercised (14.11.2002) by Local Government (Financial Procedures and Audit) Regulations 2002 (S.I. No. 508 of 2002); revoked (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), reg. 30, in effect as per reg. 2. F120[ Schedule of 103A.— (1) As soon as may be following the adoption of the local authority budget, municipal district a schedule of proposed works of maintenance and repair to be carried out during the works financial year in each municipal district shall be prepared under the direction of the chief executive, having regard to the availability of resources, in the manner, format and within the timescale that may be prescribed by regulations made by the Minister. (2) A schedule prepared for the purposes of subsection (1) shall be considered by the municipal district members concerned and be adopted by resolution, with or without amendment by it, within such time limit and in accordance with such condi- tions and requirements as may be prescribed by the regulations made by the Minister. (3) In making an amendment under subsection (2) the municipal district members shall have due regard to the local authority budget adopted in accordance with section 103(9). (4) If the schedule prepared for the purpose of subsection (1) is not adopted by the municipal district members in accordance with subsection (2) and any regulations 125 PT. 12 S. 103A [No. 37.] Local Government Act 2001 [2001.] made under that subsection, then the local authority concerned shall consider that schedule and by resolution adopt it with or without amendment (having due regard to the local authority budget adopted in accordance with section 103(9) ) within such time limit as may be prescribed by the regulations made by the Minister.] Annotations Amendments: F120 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 58(i), S.I. No. 214 of 2014. Limitation on 104.—(1) In this section— additional expen- diture. “additional expenditure” means the spending of money or the incurring of a liability not provided for in a local authority budget; “local authority” includes a joint body. (2) At any time after it has adopted a budget a local authority may, following a proposal under subsection (3) or otherwise, by resolution authorise the incurring of additional expenditure. (3) Where, as respects any local financial year, the F121[chief executive] is of the opinion that the proper performance of the functions of the local authority concerned requires the incurring of additional expenditure, he or she shall submit to the local authority a proposal for authorisation to the incurring of such additional expenditure. (4)(a) A local authority may by resolution adopt a scheme authorising the F121[chief executive] to incur additional expenditure without prior authorisation of the local authority under subsection (2); but no such expenditure shall cause the total expenditure provided for in the budget to be exceeded save in such circumstances and subject to such requirements as may be provided for in regulations under subsection (5). (b) A local authority may, from time to time, by resolution amend a scheme under this subsection or make a new scheme. (5) The Minister may make regulations for the purposes of subsection (4). (6) Nothing in this section shall prevent a F121[chief executive] from incurring additional expenditure— (a) where he or she is of the opinion that such additional expenditure is necessary to avert or minimise a threat to public health, public safety, property or the environment, or (b) in respect of a particular service or function where additional funding which would substantially offset such additional expenditure is made available to the local authority by the Minister or any other public authority for that service or function. (7) Where the F121[chief executive] has incurred additional expenditure under subsection (6), or to which a scheme under subsection (4) applies, he or she shall inform— (a) without delay, the Cathaoirleach of the fact, and (b) the members of the local authority of the fact at the next practicable meeting of the local authority following the incurring of additional expenditure, giving details of the additional expenditure and its implications for the local authority budget. 126 PT. 12 S. 104 [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F121 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 68-71, S.I. No. 214 of 2014. Submission of 105.—(1) A local authority or a joint body, may by resolution require the preparation financial state- and submission to its members of statements of the financial position of the local ments and reports. authority or joint body, as the case may be. (2) In the case of a F122[local authority], its corporate policy group may, where a resolution has not been passed under subsection (1), require the preparation and submission to it of statements of the financial position of the F122[local authority]. (3) A statement of financial position submitted as a consequence of either subsection (1) or (2) shall contain such detail and shall be prepared and submitted at such intervals as may be specified in— (a) the resolution of the local authority or joint body, as appropriate, or (b) the requirement of the corporate policy group. Annotations Amendments: F122 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 58(j), S.I. No. 214 of 2014. Borrowing and 106.—(1) (a) In this section— lending of money. “local authority” includes a joint body; “appropriate Minister” means— (i) if the relevant borrowing or lending is in respect of matters which relate to the responsibility or interest of only one Minister of the Government other than the Minister, that Minister of the Government, (ii) if such matters relate to the responsibility or interest of 2 or more Ministers of the Government (none of whom is the Minister), such one of those Ministers of the Government as has the greater or greatest interest in the matters, and (iii) in all other cases, the Minister. (b) If in relation to paragraph (ii) of the definition of “appropriate Minister” there is any doubt as to which of 2 or more Ministers of the Government has the greater or greatest interest, the doubt shall be determined by the Minister and the decision of the Minister shall be final. (2) Subject to subsections (3) and (8) and any regulations made under subsection (5), a local authority may borrow money in any manner which it considers suitable for the effective performance of its functions. (3)(a) Borrowing by a local authority under this section shall only be with the sanction of the appropriate Minister. 127 PT. 12 S. 106 [No. 37.] Local Government Act 2001 [2001.] (b) Paragraph (a) does not apply to borrowing which the appropriate Minister may exempt for the purposes of this subsection. (4) Any application for the sanction of the appropriate Minister under subsection (3)(a) shall be in such format as may from time to time be specified by the appropriate Minister. F123[(5) The Minister may, after consultation with the Minister for Finance and the Minister for Public Expenditure and Reform, make regulations in relation to borrowing by local authorities.] (6)(a) A local authority may lend money to another local authority on such terms as to repayment and other matters as it considers proper. (b) F124[...] (7) A decision to borrow or lend under this section is a reserved function. F123[(8) The appropriate Minister may, after consultation with the Minister for Finance and the Minister for Public Expenditure and Reform, sanction borrowing by a local authority in a currency other than the currency of the State.] (9) Except in accordance with this section, a local authority shall not— (a) borrow money, or (b) lend money to another local authority. Annotations Amendments: F123 Substituted (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 89, commenced as per s. 1(2) and S.I. No. 401 of 2011. F124 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 58(k), S.I. No. 214 of 2014. Keeping of 107.—(1) Subject to subsection (2), every local authority or joint body shall each accounts. keep all proper and usual accounts of moneys received or spent by it, including an income and expenditure account and a balance sheet. (2) Every local authority and joint body shall each establish and maintain financial systems, accounts, reporting and record keeping procedures, including the preparation of an annual financial statement, which are consistent with such accounting code of practice, or amendments to it, that the Minister may issue from time to time. (3) Any accounting code of practice issued by the Minister which is current on the date of the commencement of this provision, shall be deemed to have issued in accordance with this section and be applicable to every local authority and, where appropriate, to every joint body. Consideration of 108.—(1) In this section, additional expenditure has the meaning given to it by annual financial section 104(1). statement. (2) Every local authority or joint body shall prepare an annual financial statement in accordance with the accounting code of practice issued by the Minister under section 107. (3) As soon as practicable after the preparation of an annual financial statement, such statement, with a report on it by the F125[chief executive], shall be sent to each member of the local authority or joint body, as the case may be. 128 PT. 12 S. 108 [No. 37.] Local Government Act 2001 [2001.] (4) Without prejudice to the generality of subsection (3), a report under that subsection shall include details of additional expenditure incurred in the period to which the annual financial statement relates and of authorisations given under section 104. (5) The annual financial statement shall be considered at the next practicable meeting of the local authority or joint body concerned which is held not less than 7 days after the annual financial statement was sent under subsection (3). (6) As soon as may be practicable after having been sent under subsection (3), the annual financial statement shall be transmitted to the Minister and the Director of Audit. Annotations Amendments: F125 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 72, S.I. No. 214 of 2014. Community fund. 109.—(1) In this section “community initiative” means any project or programme which in the opinion of the local authority will benefit the local community and includes the provision or improvement of amenity, recreational, cultural or heritage facilities, the protection or enhancement of the environment and programmes to promote social inclusion and community development. (2) A local authority may by resolution establish a fund (in this section referred to as a “community fund”) for the purposes of supporting community initiatives and may accept contributions to such fund by any voluntary, business or community group, other local authority or public authority or other person and may itself make contri- butions to such fund. (3) A community fund shall be separate from the local fund. (4) (a) The accounts of a community fund shall be accounted for separately and be part of the records and the accounts of the local authority or local authorities which established the fund. (b) The accounts of a community fund shall contain separate records for contribu- tions in respect of particular community initiatives as the local authority which established it may consider appropriate. (5) A local authority may enter into an agreement with any person making contribu- tions to the fund as regards the application of money towards a particular community initiative. (6) A local authority may undertake itself or assist any other person in such fund- raising activities as it considers appropriate for the purposes of a community initiative. (7) A community fund may be established jointly by resolution of 2 or more local authorities subject to such arrangements as may be agreed by the authorities concerned. (8) The functions conferred on a local authority by this section or by section 110 shall— (a) be subject to the exclusion of such matters, and (b) be exercisable subject to such terms and conditions, as the Minister may, with the consent of the Minister for Finance, prescribe by regu- lations. 129 PT. 12 S. 109 [No. 37.] Local Government Act 2001 [2001.] Annotations Modifications (not altering text): C30 Functions transferred and references to “Department of Finance” and “Minister for Finance” in subs. (8) construed (29.07.2011) by Finance (Transfer of Departmental Administration and Minis- terial 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 Expen- diture 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) ... ... ... Local Government Act 2001 Sections 66(7), 81(6), 92(2), 109(8), 169(1)(a), No. 37 of 2001 212(3) and 231(1) ... ... ... Community initia- 110.—(1) In this section— tive scheme. “community fund” has the meaning given in section 109(2); “community initiative” has the meaning given in section 109(1); “dwelling” includes a part of any premises let as a separate dwelling whether or not the person to whom it is let shares with any other person any accommodation, amenity or facility in connection with it or any other portion of the premises; “occupier” means a person or persons who occupy the dwelling in question; “scheme” means a scheme adopted by a local authority under this section and “draft scheme” shall be read accordingly. (2) Where a local authority considers it appropriate it may, in accordance with this section, by resolution adopt a scheme for the making of an annual contribution by 130 PT. 12 S. 110 [No. 37.] Local Government Act 2001 [2001.] the occupier of each dwelling in the area to which the scheme applies towards particular community initiatives specified in the scheme. (3) Annual contributions received in accordance with a scheme shall be paid into the community fund. (4) A community initiative to which a scheme applies may be undertaken by a local community or other group, the local authority, any other person or jointly by any of them. (5) A scheme shall— (a) describe the particular initiative or initiatives to which annual contributions under the scheme are to be applied, (b) provide for a separate record to be kept in the community fund as regards such annual contributions, (c) specify the amount of the annual contribution to be paid by the occupier and different amounts may be specified for different categories of person as may be specified in the scheme, (d) provide for the waiver or the remission in whole or in part of the annual contribution in the case of personal hardship, ability to pay or other specified circumstances, (e) specify the period of years for which the scheme is to operate, (f) specify the period within which an annual contribution is to be paid, (g) specify the area to which the scheme applies, and (h) provide for all such other matters as the local authority may consider necessary to ensure the satisfactory operation of the scheme. (6) (a) Before adopting a scheme, a local authority shall publish a notice in at least one newspaper circulating in its administrative area indicating that a draft scheme has been prepared. (b) The notice shall— (i) describe the community initiative or initiatives and the area in respect of which the scheme would operate, (ii) state the amount of the proposed annual contribution, (iii) indicate that a copy of the draft scheme may be inspected at the principal offices of the local authority or at such other locations as may be specified and may be obtained free of charge at such offices or locations, and (iv) indicate that any person may make submissions or observations in writing to the local authority in relation to the draft scheme on or before a date specified in the notice, and the date shall not be less than one month after the notice is first so published. (7) (a) A local authority may by resolution decide to hold a plebiscite regarding a draft scheme in that part of its area in respect of which it is proposed to make a scheme. (b) The Minister may make regulations governing the conduct of plebiscites and matters relating to plebiscites. (8) A local authority may by resolution, for which at least one-half of the total number of members of the authority vote in favour, adopt a scheme with or without amendment at any time after— 131 PT. 12 S. 110 [No. 37.] Local Government Act 2001 [2001.] (a) the date specified for the purposes of subsection (6)(b)(iv), (b) the consideration of any submissions or observations made to it under subsection (6)(b)(iv), and (c) the consideration of the outcome of any plebiscite held under subsection (7). (9) (a) Where a scheme has been adopted, the local authority shall in each year in which the scheme operates send to the occupier a notification to pay the annual contribution. (b) The occupier shall pay to the local authority the annual contribution specified in the notification within the period specified. (10) Where an annual contribution to be made by the occupier in accordance with a notification to pay has not been paid within the period specified for payment in the notification the local authority may recover such annual contribution from the occu- pier as a simple contract debt in any court of competent jurisdiction. (11) A scheme may be made jointly by 2 or more local authorities in respect of an area specified in the scheme which includes part or all of the administrative area of each of the local authorities concerned but a scheme shall not be made in respect of any area which comprises F126[the entire administrative area of a local authority]. (12) A notification to pay shall indicate— (a) the amount of the annual contribution, (b) the period within which it is to be paid, and (c) the community initiative or initiative to which it relates. (13) A notification to pay may be addressed to any occupier of the dwelling by name, but where the name of the occupier cannot be ascertained by reasonable inquiry, the notification may be addressed to “the occupier” without naming the occupier. (14) Only one contribution is payable in respect of any dwelling in respect of a particular year. Annotations Amendments: F126 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 58(l), S.I. No. 214 of 2014. Regulations 111.—(1) The Minister may make regulations for any or all of the following matters— (Chapter 1). (a) the form of accounts to be kept by local authorities or joint bodies, including the functional programmes to be shown in such accounts and the matters in respect of which separate amounts are to be shown, (b) the format of a local authority budget or a draft local authority budget, (c) F127[...] (d) F127[...] (e) F127[...] (f) the serving of a demand by a joint body in respect of its expenses on the rele- vant F128[local authority] and the format and period of serving that demand, 132 PT. 12 S. 111 [No. 37.] Local Government Act 2001 [2001.] (g) specifying the periods within which payments made to persons authorised to receive money on behalf of a local authority shall be paid to the authority, (h) the financial and administrative procedures to apply in relation to gifts received by a local authority, (i) such other matters as the Minister may consider appropriate in relation to financial management and procedures. (2) Regulations under this section may make provision in respect of any matter by reference to an accounting code of practice issued under section 107. Annotations Amendments: F127 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 58(m), S.I. No. 214 of 2014. F128 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 58(n), S.I. No. 214 of 2014. Editorial Notes: E205 Power pursuant to section exercised (31.08.2015) by Local Government (Financial and Audit Procedures) (Amendment) Regulations 2015 (S.I. No. 363 of 2015), in effect as per reg. 2. E206 Power pursuant to section exercised (1.06.2014) by Local Government (Financial and Audit Proce- dures) Regulations 2014 (S.I. No. 226 of 2014), in effect as per reg. 2. E207 Previous affecting provision: power pursuant to section exercised (13.01.2014) by Local Government (Financial Procedures and Audit) (Amendment) Regulations 2014 (S.I. No. 8 of 2014), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect. E208 Previous affecting provision: power pursuant to section exercised (14.11.2008) by Local Government (Financial Procedures and Audit) Regulations 2002 (Amendment) Order 2008 (S.I. No. 467 of 2008), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect. E209 Previous affecting provision: power pursuant to section exercised (14.11.2002) by Local Government (Financial Procedures and Audit) Regulations 2002 (S.I. No. 508 of 2002); revoked (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), reg. 30, in effect as per reg. 2. Obligations in 112.—(1) Where a proposal is made at a meeting of a local authority or a joint body case of proposal to do or effect any act, matter or thing— involving illegal payment, deficien- cy or loss. (a) which constitutes a reserved function or is mentioned in a resolution under section 140, and (b) in consequence of which an illegal payment is to be made out of the funds of the local authority or joint body, or a deficiency or loss is likely to result in or to such funds, the F129[chief executive] (or, in his or her absence, such other employee as may be nominated by the F129[chief executive]) shall object and state the grounds of his or her objection, and, if a decision is taken on the proposal, the names of the members present and voting for and against the decision and abstaining from voting on the decision shall be recorded in the minutes of the meeting. F130[(1A) In stating his or her opinion and preparing the report or special report, as the case may be, in accordance with section 120, the local government auditor 133 PT. 12 S. 112 [No. 37.] Local Government Act 2001 [2001.] shall take account of any objection and decision recorded in accordance with subsection (1).] (2) F131[...] Annotations Amendments: F129 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 73, S.I. No. 214 of 2014. F130 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 58(o), S.I. No. 214 of 2014. F131 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 58(p), S.I. No. 214 of 2014. Savers. 113.—(1) Nothing in this Act (including the repeal of any enactment) affects the making, levying, collection or recovery of rates or the liability of a person to pay rates. (2) Notwithstanding the repeal of the City and County Management (Amendment) Act, 1955, by this Act, section 10A of that Act (as inserted by section 44 of the Local Government Act, 1994) shall continue to apply and have effect and for that purpose— (a) the reference in subsection (1) of that section to “section 10(4) of this Act” and in subsection (3) of that section to “subsection (4) of section 10” shall both be read as references to section 103(7) of this Act, and (b) the references in subsections (7) and (8) to “Part IV of the Local Government Act, 1941” shall each be read as a reference to part 21 of this Act. C HAPTER 2 Audit Interpretation 114.—(1) In this Chapter— (Chapter 2). “audit committee” has the meaning given in section 122; “audited financial statement” has the meaning given in section 120(1); “audit opinion” has the meaning given in section 120(1); “auditor’s report” has the meaning given in section 120(1); “auditor’s special report” has the meaning given in section 120(2); “local authority or other body” means a local authority, a joint body and any other body standing prescribed by regulations made by the Minister under section 115; “local government auditor” shall be read in accordance with section 116(1). (2) Any reference to the Minister in this Chapter shall, in a case where the reference applies to a body prescribed by regulations under section 115 for which another Minister of the Government is responsible, be read as a reference to that Minister. Application 115.—(1) This Chapter applies to every local authority and every joint body and (Chapter 2). their accounts shall be audited by a local government auditor in accordance with the provisions of this Act. 134 PT. 12 S. 115 [No. 37.] Local Government Act 2001 [2001.] (2) (a) The Minister may by regulations prescribe a body to be a body to which this Chapter also applies. (b) The Minister shall not make regulations under this subsection in respect of a body for which another Minister of the Government is directly or indirectly responsible unless that Minister consents to those regulations being made. Annotations Editorial Notes: E210 Power pursuant to section exercised (29.07.2015) by Local Government (Prescribed Bodies) Regu- lations 2015 (S.I. No. 446 of 2015). E211 Power pursuant to section exercised (18.02.2015) by Local Government Act 1991 (Regional Assemblies) (Establishment) (Amendment) Order 2015 (S.I. No. 62 of 2015). E212 Power pursuant to section exercised (1.01.2015) by Local Government Act 1991 (Regional Assemblies) (Establishment) Order 2014 (S.I. No. 573 of 2014), in effect as per reg. 3. E213 Power pursuant to section exercised (25.11.2013) by Local Government (Prescribed Bodies) Regu- lations 2013 (S.I. No. 457 of 2013). Local Government 116.—(1) There is established on the commencement of this section a service to Audit Service. be known as the Local Government Audit Service and the Minister may appoint to such service such and so many suitably qualified persons, to be known as local government auditors, to carry out or assist in the carrying out of audits of the accounts of local authorities and other bodies. (2) Local government auditors shall be independent in the exercise of their profes- sional functions. (3) The Minister may appoint a person (in this Act referred to as the “Director of Audit”) to the Local Government Audit Service to carry out the functions set out in subsection (4). (4) The functions of the Director of Audit are— (a) to organise, direct and allocate resources within the Local Government Audit Service, (b) to assign audits of particular local authorities or other bodies to particular local government auditors, (c) to provide such advice and assistance as the Minister may from time to time require for the purposes of section 117(1), (d) to arrange for auditors to certify claims or returns in accordance with section 126, (e) to direct the Local Government (Value for Money) Unit established by section 14 of the Local Government (Financial Provisions) Act, 1997, and to ensure that the work of the unit is incorporated into local government audit practice, (f) to report from time to time to the Minister on matters set out in paragraphs (a) to (e) and generally on the performance of the Local Government Audit Service, (g) to bring proceedings under section 119(4), and (h) to carry out such other functions as the Minister may from time to time direct. 135 PT. 12 S. 116 [No. 37.] Local Government Act 2001 [2001.] (5) By virtue of this subsection the Local Government (Value for Money) Unit referred to in subsection (4)(e) forms part of the Local Government Audit Service. (6) (a) A person who is a local government auditor immediately prior to the commencement of this section shall by virtue of this subsection on such commencement stand assigned to the Local Government Audit Service. (b) Nothing in this subsection shall be read as prejudicing the position of a person referred to in paragraph (a) as a civil servant for the purposes of the Civil Service Regulation Act, 1956. Code of audit 117.—(1) After consideration of the relevant professional auditing standards and practice. following consultation with the Director of Audit, the Minister may issue and amend from time to time a code of audit practice in relation to the conduct of an audit and to such related matters as the Minister may consider appropriate. (2) Notwithstanding the generality of subsection (1), the code may include provisions as regards the consideration of— (a) the general financial standing of the audited body, (b) the adequacy of the audited body’s financial systems, (c) the adequacy of the audited body’s arrangements for preventing and detecting fraud and corruption, (d) the adequacy of arrangements by a local authority or other body to secure economy and efficiency in the use of resources and of the systems employed by the local authority or other body concerned for the purposes of enabling it to evaluate the effectiveness of its operations. (3) (a) In carrying out the audit of a local authority or other body, a local government auditor shall comply with the code of audit practice provided for in subsection (1). (b) Nothing in this Chapter shall prejudice section 15 of the Local Government (Financial Provisions) Act, 1997. Audit procedure. 118.—(1) The Minister may make regulations setting out the procedures to be followed by a local authority or other body and by a local government auditor in relation to the audit of accounts of the local authority or other body. (2) Without prejudice to the generality of subsection (1), the regulations may provide for any or all of the following— (a) giving notice of the time and place for holding the audit; (b) adjournment of the audit; (c) public right of inspection of accounts; (d) amendment or correction of errors in the annual financial statement; (e) giving any member of the public a right to make an objection to the local government auditor concerning the accounts and the making of decisions on any such objections by the local government auditor; (f) completion of the audit by the local government auditor; (g) public notice of audited accounts; (h) fees or a scale of fees for audit services. 136 PT. 12 S. 118 [No. 37.] Local Government Act 2001 [2001.] (3) In the course of the audit of accounts of the local authority or other body, the local government auditor shall carry out such audit tests as he or she considers appropriate in order to be satisfied as to— (a) whether the annual financial statement is prepared in accordance with section 107 or with the accounting requirements otherwise applicable to the body concerned, (b) whether the annual financial statement presents fairly the financial position of the authority or other body and of its income and expenditure for the period in question, (c) whether the transactions of the audited body conform with the statutory or other authorisation under which they purport to have been carried out. Annotations Editorial Notes: E214 Power pursuant to section exercised (31.08.2015) by Local Government (Financial and Audit Procedures) (Amendment) Regulations 2015 (S.I. No. 363 of 2015), in effect as per reg. 2. E215 Power pursuant to section exercised (1.06.2014) by Local Government (Financial and Audit Proce- dures) Regulations 2014 (S.I. No. 226 of 2014), in effect as per reg. 2. E216 Power pursuant to section exercised (25.11.2013) by Local Government (Audit Fees) Regulations 2013 (S.I. No. 456 of 2013). E217 Previous affecting provision: power pursuant to section exercised (13.01.2014) by Local Government (Financial Procedures and Audit) (Amendment) Regulations 2014 (S.I. No. 8 of 2014), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect. E218 Previous affecting provision: power pursuant to section exercised (14.11.2002) by Local Government (Financial Procedures and Audit) Regulations 2002 (S.I. No. 508 of 2002); revoked (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), reg. 30, in effect as per reg. 2. Right of auditor 119.—(1) For the purposes of this Chapter a local government auditor shall in the to inspect docu- course of audit— ments, obtain information, etc. (a) be given such office accommodation or other facilities as he or she may reasonably require, (b) be given access to and allowed to inspect all books, deeds, contracts, accounts, vouchers, receipts, maps, plans, documents, or other data, information, materials or things, as he or she may reasonably require, (c) be entitled at all reasonable times to enter and inspect any land or premises or structure (other than a dwelling) which is owned, used, controlled or managed by a local authority or other body. (2) It is the duty of a local authority (its members and employees) or other body to afford every facility and co-operation to a local government auditor including the giving of information which he or she may reasonably request. (3) Any person who obstructs or impedes or refuses to comply with a request of a local government auditor acting in the exercise of any of the functions conferred on him or her by this section is guilty of an offence and is liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both. 137 PT. 12 S. 119 [No. 37.] Local Government Act 2001 [2001.] (4) Summary proceedings for an offence under this section may be brought by the Director of Audit. Audit opinion and 120.—(1) On completion of the audit of accounts of a local authority or other body, report. the local government auditor— (a) shall enter his or her opinion (in this Chapter referred to as an “audit opinion”) in a form consistent with the code of audit practice referred to in section 117 on the relevant annual financial statement (in this Chapter referred to as the “audited financial statement”), (b) shall send copies of the audited financial statement without delay to the local authority or other body concerned, to the Director of Audit and to the Minister, and (c) may prepare a report (in this Chapter referred to as an “auditor’s report”) on any matter or matters which come to his or her notice during the course of the audit and such report shall accompany the audited financial statement. (2) (a) Where the local government auditor considers it appropriate in the public interest to do so, he or she may prepare a report (in this Chapter referred to as an “auditor’s special report”) on any matter or matters which come to his or her notice during the course of the audit before the completion of such audit. (b) The auditor’s special report shall be sent without delay to the local authority or other body concerned, to the Director of Audit and to the Minister. (3) An audit opinion, auditor’s report or auditor’s special report shall be addressed to the local authority or other body concerned. (4) Before the finalisation of an auditor’s report or an auditor’s special report, the local government auditor shall consult with theF132[chief executive] or chief officer of the audited body concerned, as the case may be, in respect of the matters the subject of such report and shall consider and record the comments of the F132[chief executive] or chief officer, as the case may be, which are of material significance to such matters. Annotations Amendments: F132 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 74, S.I. No. 214 of 2014. Consideration of F133[121.—(1) Following receipt by the local authority or joint body (in this section annual financial referred to as a ‘relevant authority’) of the audited financial statement, auditor’s statement and auditor’s report. report or auditor’s special report, the chief executive of the relevant authority shall provide that statement or report to the audit committee for consideration at the next practicable meeting of the committee. (2) The local government auditor who conducted the audit, or who has been appointed in accordance with section 124, shall attend a meeting of the audit committee to present his or her report and clarify such issues as may be necessary in relation to the content of the auditor’s report or special report. (3) The audit committee shall report to the relevant authority on its consideration of the audited financial statement, auditor’s report or auditor’s special report at the next practicable meeting of the relevant authority following the audit committee’s consideration. 138 PT. 12 S. 121 [No. 37.] Local Government Act 2001 [2001.] (4) At any time within 3 months of the audited financial statement, auditor’s report or auditor’s special report having been submitted to the relevant authority in accor- dance with section 120, the local government auditor who carried out the audit may notify the local authority or joint body that he or she wishes to discuss it with that authority. (5) Following notification under subsection (4), a local government auditor is entitled to attend the next meeting of the relevant authority following the notification to discuss the audited financial statement, auditor’s report or auditor’s special report, as the case may be, or to attend such other meeting of the relevant authority as the local government auditor may specify. (6) Subject to any guidelines the Minister may issue from time to time, the matters to be discussed by an audit committee or the relevant authority at a meeting during any period when the local government auditor concerned attends shall be limited to matters directly related to the audited financial statement, the auditor’s report or the auditor’s special report, as the case may be. (7) A local government auditor is entitled to qualified privilege in relation to any statements made by him or her at any meeting that he or she attends under this section in his or her capacity as such an auditor.] Annotations Amendments: F133 Substituted (1.01.2014) by Local Government Reform Act 2014 (1/2014), s. 60, S.I. No. 214 of 2014. Editorial Notes: E219 Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 75 provides for the substitution of “chief executive” for “manager ” in subs. (1). This amendment is obsolete as subs. (1) has been substituted by Local Government Reform Act 2014 (1/2014), s. 60, as per F-note above. E220 Previous affecting provision: subs. (4) inserted by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 4, not commenced; deleted (1.01.2014) by Local Government Reform Act 2014 (1/2014), s. 5(2) and sch. 1 part 2, S.I. No. 214 of 2014. Audit committee. F134[122.—(1) A local authority shall establish a committee, to be known as an audit committee, within 3 months of— (a) the polling day for the election of the incoming members of the local authority or, (b) where the poll is for any reason countermanded, interrupted or adjourned, the day on which the poll is completed or the fresh poll is held, and from that establishment any audit committee previously established shall cease to exist. (2) The functions of an audit committee are— (a) to review financial and budgetary reporting practices and procedures within the local authority that has established it, (b) to foster the development of best practice in the performance by the local authority of its internal audit function, (c) to review any audited financial statement, auditor’s report or auditor’s special report in relation to the local authority and assess any actions taken within that authority by its chief executive in response to such a statement or report and to report to that authority on its findings, 139 PT. 12 S. 122 [No. 37.] Local Government Act 2001 [2001.] (d) to assess and promote efficiency and value for money with respect to the local authority’s performance of its functions, and (e) to review systems that are operated by the local authority for the management of risks. (3) The Minister may prescribe by regulations for all or any of the following matters regarding an audit committee: (a) its membership; (b) the holding by it of meetings, including the frequency of those meetings and the conduct of them; (c) the preparation of reports by it and the furnishing of them to other persons; (d) the performance by it of its functions, whether generally or in particular cases, and the procedures to be followed in relation to that performance; (e) the provision for privilege to attach to statements made to it or made by members of the committee in their capacity as such members; (f) such other matters that are incidental to, or consequential on, any of the matters set out in paragraphs (a) to (e).] Annotations Amendments: F134 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 59, S.I. No. 214 of 2014. Editorial Notes: E221 Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 76 provides for the substitution of “chief executive” for “manager ” in subs. (7). This amendment is obsolete as the section has been substituted by Local Government Reform Act 2014 (1/2014), s. 59, as per F-note above. E222 Previous affecting provision: section substituted by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 5, not commenced; deleted (1.01.2014) by Local Government Reform Act 2014 (1/2014), s. 5(2) and sch. 1 part 2, S.I. No. 214 of 2014. Extraordinary 123.—(1) The Minister may direct that an extraordinary audit of accounts of a local audit. authority or other body, or of an aspect of those accounts, be carried out by a local government auditor if it appears to the Minister appropriate to do so, by reason of information contained in an auditor’s report or a special auditor’s report or for any other reason. (2) Sections 117 to 119 apply to the conduct of an extraordinary audit, with any necessary modifications or adaptations. (3) Sections 120 to 122 apply to a report resulting from an extraordinary audit. Annotations Editorial Notes: E223 Extraordinary audit held in pursuance of section deemed complete on signature of relevant audit report (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), reg. 19, in effect as per reg. 2. 140 PT. 12 S. 124 [No. 37.] Local Government Act 2001 [2001.] Re-assignment of 124.—(1) Where the local government auditor who conducted or is conducting an audit. audit dies, retires, resigns or is otherwise not available, the Director of Audit may assign another local government auditor to be the local government auditor for the audit. (2) At any attendance by a local government auditor assigned under subsection (1) at any meeting of a local authority or joint body he or she shall be deemed to have conducted the audit. Audit fees. 125.—(1) The Minister may from time to time prescribe by regulations a fee or scale of fees in respect of the audits of accounts which are required to be audited in accordance with this Act. (2) A local authority or other body shall pay to the Minister such amount as deter- mined in accordance with such regulations made under this section. Annotations Editorial Notes: E224 Power pursuant to section exercised (30.09.2015) by Local Government (Audit Fees) Regulations 2015 (S.I. No. 447 of 2015). E225 Power pursuant to section exercised (10.03.2015) by Local Government (Audit Fees) Regulations 2015 (S.I. No. 109 of 2015). E226 Previous affecting provision: power pursuant to section exercised (19.11.2003) by Local Government (Audit Fees) Regulations 2003 (S.I. No. 622 of 2003); revoked (10.03.2015) by Local Government (Audit Fees) Regulations 2015 (S.I. No. 109 of 2015), reg. 5. Certification of 126.—If required by the Minister, the Director of Audit shall make arrangements claims, returns, for local government auditors to certify claims or returns, or any class of claims or etc. returns, in respect of grants, subsidies or other money due to a local authority or other body by a department of State, public authority or other local authority. F135[ PART 12A N ATIONAL O VERSIGHT AND A UDIT C OMMISSION Interpretation 126A.— In this Part— (Part 12A) ‘appropriate Minister’ means any Minister of the Government (other than the Minister)— (a) on whom functions stand conferred, or (b) who has general responsibility, in respect of or in connection with the matter in question; ‘Commission’ means the National Oversight and Audit Commission established under this Part; ‘local authority’ includes a joint body and a joint committee; ‘local government body’ means— (a) a local authority, 141 PT. 12A S. 126A [No. 37.] Local Government Act 2001 [2001.] (b) a regional assembly, (c) any trust or other body (whether corporate or unincorporated) over which one or more local authorities or regional assemblies, or both, exercise actual or effective control whether directly or indirectly through nominees (however described) or otherwise, and includes any trust or other body, or a class of trust or other body, to which a determination under section 126L(3) relates; ‘report’, in relation to a report of the Commission other than its annual report, means a report or information under section 126C(1)(i) or a report under section 126D.] Annotations Amendments: F135 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 61(1), S.I. No. 214 of 2014. F136[ Establish- 126B.— (1) The Minister shall by order establish a body to be known as the ment of Commis- National Oversight and Audit Commission (in this Part referred to as the ‘Commission’) sion to perform the functions assigned to it by this Part. (2) The Commission and its members are independent in the performance of their functions.] Annotations Amendments: F136 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 61(1), S.I. No. 214 of 2014. Editorial Notes: E227 Power pursuant to subs. (1) exercised (1.07.2014) by National Oversight and Audit Commission (Establishment) Order 2014 (S.I. No. 297 of 2014). F137[ Functions 126C.—(1) The functions of the Commission are as follows: of Commission (a) to scrutinise the performance of any local government body against or in comparison with any indicative matter (in this Part referred to as ‘relevant indicators’) that— (i) the Commission considers it appropriate to refer to (which shall include indicative matters relating to customer service), or (ii) the Minister may prescribe by regulations for the purpose of this para- graph; (b) to scrutinise the financial performance, including in relation to value for money, of any local government body, in respect of the financial resources available to it; (c) to support the development and enhancement of best practice in the perfor- mance by local government bodies of their respective functions; 142 PT. 12A S. 126C [No. 37.] Local Government Act 2001 [2001.] (d) to monitor and evaluate adherence to any agreement in the nature of a service level agreement entered into by one or more local government bodies, whether or not all parties to such an agreement are local government bodies; (e) to oversee how national policy in relation to local government is implemented by local government bodies; (f) to monitor and evaluate the implementation of public service reform (including enhanced efficiencies) by local government bodies either generally or in respect of any local government body or class of such bodies; (g) to monitor the adequacy of the corporate plan prepared— (i) by a regional assembly pursuant to section 43 (as amended by the Local Government Reform Act 2014) of the Local Government Act 1991, and (ii) by a council pursuant to section 134, and to evaluate implementation of such plans either generally or in respect of any local government body or class of such bodies; (h) to take such steps as are appropriate under its other functions for the purposes of any request under section 126D and to furnish reports or other information in relation to that request to the Minister or the appropriate Minister, as the case may be; (i) in addition to reports or other information furnished under section 126D and to its annual reports under section 126K, to prepare on its own initiative such other reports or information on matters relating to its functions as the Commission considers appropriate. (2) The Commission has power to do anything that appears to it to be requisite, advantageous or incidental to, or to facilitate, the performance of its functions, including the making of arrangements by agreement with any person or body to assist the Commission in the proper discharge of any of its functions. (3)(a) The Minister may, with the consent of the Minister for Public Expenditure and Reform, by order confer on the Commission such additional functions connected with the functions for the time being of the Commission as the Minister determines, subject to such conditions (if any) as may be specified in the order. (b) An order under paragraph (a) may contain such incidental, supplementary and additional provisions as may, in the opinion of the Minister, be necessary to give full effect to the order.] Annotations Amendments: F137 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 61(1), S.I. No. 214 of 2014. F138[ Reports to 126D.— (1) The Minister or an appropriate Minister may in writing request the Minister or Commission to prepare a report on any matter to which the functions of the appropriate Minister Commission relate in respect of any aspect of local government specified by the Minister or the appropriate Minister, as the case may be, in respect of which he or she performs functions or has general responsibilities. (2) A request under subsection (1) shall relate to one or more local government bodies specified in the request or to a class of such bodies so specified. 143 PT. 12A S. 126D [No. 37.] Local Government Act 2001 [2001.] (3) Where a request has been made under subsection (1) the Commission shall, to the extent that its functions permit, comply with the request and have regard to such considerations or matters in preparing its report as are specified in the request. (4)(a) Where the Commission considers it appropriate in the circumstances, the Commission may, following consultation with the regional assembly or regional assemblies concerned, require it or them to prepare and submit for the Commission’s consideration a draft of any such report. (b) A draft report prepared and submitted to the Commission under paragraph (a) may be amended by it as it sees fit and any such report, whether amended or not, that has been adopted by the Commission and is subsequent- ly submitted by the Commission to the Minister or the appropriate Minister, as the case may be, shall for the purposes of subsection (1) be deemed to be a report prepared by the Commission. (c) Without prejudice to the Commission’s duty to prepare a report when requested under subsection (1), a draft report prepared and submitted to the Commission under paragraph (a) — (i) may be submitted by the Commission to the Minister or the appropriate Minister, as the case may be, without being adopted by the Commission under paragraph (b), and (ii) any such report so submitted by the Commission shall be accompanied by a note stating that it has not been adopted and giving the reasons why it has not been adopted. (5) A report of the Commission to the Minister or the appropriate Minister under this section shall— (a) be in writing, (b) where appropriate, include the responses by the local government body to which the report relates to queries from the Commission, (c) include the recommendations of the Commission in relation to the matters which are the subject of the report, and (d) include recommendations in relation to such ancillary or related matters (including financial matters) as the Commission may consider appropriate or as the Minister or the appropriate Minister may specify in a request under subsection (1). (6)(a) The Minister or the appropriate Minister shall furnish a copy of a report provided to him or her by the Commission under this section to— (i) each local government body that is the subject matter of the report, (ii) in the case of a local government body other than a local authority or a regional assembly, to each local authority or regional assembly that exercises actual or effective control within the meaning of ‘local govern- ment body’ in section 126A, (iii) the Joint Committee of the Houses of the Oireachtas to which has been assigned the role of examining matters relating to local government, and (iv) any other Joint Committee of the Houses of the Oireachtas which has general responsibility in respect of or connected with the matters to which the report relates. (b) Where a report has been furnished under paragraph (a), the Minister or the appropriate Minister shall advise the Commission accordingly and the 144 PT. 12A S. 126D [No. 37.] Local Government Act 2001 [2001.] Commission shall, as soon as practicable thereafter, cause the report to be published. (7) Within 28 days of receipt of a report pursuant to subsection (6) in respect of a local authority for which he or she is chief executive, or in respect of any local government body over which the local authority exercises actual or effective control, the chief executive shall present to the council an implementation plan setting out the steps to be taken in relation to that report. (8) The adoption of an implementation plan referred to in subsection (7), other than any part of such plan that exercises or would seek to exercise functions in relation to the employees of the local authority or employees of any local government body over which the local authority exercises actual or effective control, shall be a reserved function. (9) A local authority or regional assembly which is the subject of a report, or is an authority or assembly that exercises actual or effective control over a local government body which is the subject of a report, published under this section shall, in its annual report, include reference to the steps taken in relation to that report during the period to which the annual report relates.] Annotations Amendments: F138 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 61(1), S.I. No. 214 of 2014. F139[ Requests 126E.— (1) It is the duty of every local government body— for information, etc., made to (a) to have due regard to a request made to it by the Commission for any informa- local government body, etc. tion, document or thing, which in the opinion of the Commission is relevant to assist the Commission in the performance of its functions, and (b) subject to subsections (2) and (3), to comply with all such requests so made. (2) Where proceedings are instituted by the Commission— (a) against a local government body for breach of duty under this section, and (b) for the purposes of seeking compliance with the request concerned or a specified part of that request, it shall be a valid defence for the local government body to show that the request made by the Commission, or so much of the request in respect of which the proceedings relate, was materially disproportionate to what was required to achieve the intended result of the request or that part of the request to which the proceedings relate. (3) Nothing in this section shall be read as requiring the disclosure of confidential information, the disclosure of which would be in breach of non-disclosure obligations provided for by law or the disclosure of commercially sensitive information.] Annotations Amendments: F139 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 61(1), S.I. No. 214 of 2014. 145 PT. 12A S. 126F [No. 37.] Local Government Act 2001 [2001.] F140[ Requests 126F.— A public authority to which section 126E does not apply shall have due for information, regard to a request made to it by the Commission for any information, document or etc., made to certain public thing, which in the opinion of the Commission is relevant to assist the Commission authorities in the performance of its functions, and to use its best endeavours to facilitate such a request.] Annotations Amendments: F140 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 61(1), S.I. No. 214 of 2014. F141[ Submis- 126G.—(1) The Commission may give public notice of its intention to prepare a sions to Commis- report (in this section referred to as a ‘proposed report’) to which section 126C(1)(i) sion or 126D relates. (2) The public notice referred to in subsection (1), which shall be published in a newspaper circulating in the area to which the subject matter of the proposed report relates, shall indicate that— (a) any person may make a submission to the Commission in relation to the subject matter of the proposed report in a manner and within the period as is speci- fied in that notice, and (b) submissions received by the Commission within the period specified in that notice may be made available for public inspection. (3) The Commission shall consider any submissions made to it in accordance with the public notice or made by a local government body under this section or otherwise. (4) Submissions received by the Commission under this section may be made avail- able by them for public inspection— (a) at such time and place and under such conditions as may be specified by the Commission and for that purpose may be made available by the Commission on its internet website, and (b) where not published by the Commission on its internet website, the Commission shall permit a copy of such submissions or of extracts from them to be taken on payment of a fee which shall not exceed the reasonable cost of copying the submissions.] Annotations Amendments: F141 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 61(1), S.I. No. 214 of 2014. F142[ Members 126H.— (1) Subject to subsection (4) and section 126I(7), the Commission consists of Commission of not more than 9 but not less than 6 members, one of whom shall be the chairperson of the Commission. (2) The chairperson of the Commission shall be appointed by the Minister. (3) Each member of the Commission shall hold office for a period which the Minister shall determine, not exceeding 5 years from the date of appointment to the office and shall include— 146 PT. 12A S. 126H [No. 37.] Local Government Act 2001 [2001.] (a) one or more persons having knowledge or experience of local government affairs, (b) one or more persons having knowledge or experience in finance, audit, evalu- ation or project assessment, (c) one or more persons having knowledge or experience in business, commerce, administration, corporate governance or community development, (d) one or more persons having knowledge or experience in the statutory or voluntary bodies dealing with consumer issues, and (e) one or more than one person who is an officer of the Minister. (4) The members of the Commission may include— (a) one but no more than one person who is an employee of a local authority, and (b) one but no more than one person who is a member of a local authority, but shall not include a person who is a member of a regional assembly. (5) Any member of the Commission who, subsequent to appointment to the Commission, becomes an employee of a local authority, member of a local authority or member of a regional assembly shall, for the purposes of subsection (4) and section 126I(5) (d), in writing inform the Minister and the chairperson of the Commission accordingly. (6) A member of the Commission shall not take part in the preparation or a decision to adopt or not adopt a report under section 126C(1)(i) or section 126D in respect of a local authority or regional assembly if he or she is, or was at the material time, an employee or elected member of that authority or assembly, as the case may be. (7) The Minister, to the extent practicable, shall endeavour to ensure that there is an equitable balance between men and women in the membership of the Commission.] Annotations Amendments: F142 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 61(1), S.I. No. 214 of 2014. F143[ Eligibility 126I.—(1) A person appointed to be a member of the Commission holds office as and tenure of such member for such period, terms and conditions as may be specified by the office of members, etc. Minister at the time of his or her appointment. (2) The chairperson and any other member of the Commission may be paid, out of moneys at the disposal of the Minister, such remuneration (if any) and allowances for expenses incurred by the member as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine. (3)(a) A person is disqualified from becoming a member of the Commission if he or she is— (i) a member of either House of the Oireachtas, or (ii) a member of the European Parliament. (b) A person ceases to be a member of the Commission if he or she— (i) is nominated as a member of Seanad Éireann, 147 PT. 12A S. 126I [No. 37.] Local Government Act 2001 [2001.] (ii) is elected as a member of either House of the Oireachtas or as a member of the European Parliament, (iii) is regarded under Part XIII of the Second Schedule to the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy, (iv) becomes a member of a regional assembly, or (v) fails to attend at 6 consecutive meetings of the Commission where— (I) in the case of a member other than the chairperson, the chairperson is of the opinion that the absence is not due to an acceptable reason such as illness or force majeure, (II) in the case of the chairperson, a majority of the Commission is of the opinion that the absence is not due to an acceptable reason such as illness or force majeure. (4) A member of the Commission, including the chairperson, may at any time resign from office by letter addressed to the Minister and the resignation takes effect from the date of receipt of the letter by the Minister. (5) The Minister may remove from office any member of the Commission (including the chairperson) if, in the opinion of the Minister— (a) that person has become incapable through ill-health of effectively performing the duties of the office, (b) the member has committed stated misbehaviour, (c) the member has a conflict of interest of such significance that, in the opinion of the Minister, the member should cease to hold office, or (d) the removal of the member appears to the Minister to be necessary or desir- able— (i) for the effective performance by the Commission of its functions, or (ii) to comply with the requirements of section 126H(4). (6) A person may not be the chairperson of the Commission or, except in the case of an appointment to which section 126H(3)(e) relates, a member of the Commission for more than 2 consecutive terms of office but is otherwise eligible for re-appointment to be a member of the Commission. (7)(a) Notwithstanding section 126H(1), the Minister, as required, may by order under this subsection increase the number of members of the Commission to not more than 12 members where, in the opinion of the Minister, it is necessary taking account of the volume of business coming before the Commission and the need to ensure the effective and efficient discharge by the Commission of its functions, but any such increase is for such temporary period as shall be specified in the order and shall not exceed 2 years from the date of the commencement of the order. (b) Upon expiry of an order under paragraph (a), the Minister may make a further order in accordance with the provisions of that paragraph. (8) A person shall be disqualified from holding and shall cease to hold office as a member of the Commission if he or she— (a) is an undischarged bankrupt, 148 PT. 12A S. 126I [No. 37.] Local Government Act 2001 [2001.] (b) is convicted on indictment of an offence, or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State, (c) is convicted of an offence involving fraud or dishonesty, or (d) has a declaration under section 150 of the Companies Act 1990 made against him or her or is subject or is deemed to be subject to a disqualification order by virtue of Part VII of that Act.] Annotations Amendments: F143 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 61(1), S.I. No. 214 of 2014. Editorial Notes: E228 Power pursuant to subs. (7) exercised (22.10.2018) by National Oversight and Audit Commission (Number of Members) Order 2018 (S.I. No. 442 of 2018). E229 Power pursuant to subs. (7) exercised (19.10.2016) by National Oversight and Audit Commission (Number of Members) Order 2016 (S.I. No. 536 of 2016). E230 Previous affecting provision: power pursuant to subs. (7) exercised (1.07.2014 to 1.07.2016) by National Oversight and Audit Commission (Number of Members) Order 2014 (S.I. No. 298 of 2014). F144[ Meetings 126J.—(1) The Commission shall hold such and so many meetings as may be necessary and procedures for the performance of its functions. of Commission (2) The chairperson of a meeting of the Commission shall be— (a) the chairperson of the Commission if present, or (b) if and so long as the chairperson of the Commission is not present or if the office of chairperson is vacant, the members of the Commission who are present shall choose one of their number to be chairperson of the meeting. (3) At a meeting of the Commission— (a) subject to paragraph (c), each member of the Commission present has one vote, (b) every question at a meeting of the Commission shall be determined by consensus, but where in the opinion of the chairperson or other person presiding consensus is not possible, the question shall be determined by a majority of the votes of the members present and voting on the question, and (c) in the case of an equal division of votes in circumstances to which paragraph (b) relates, the chairperson of the meeting has a second or casting vote. (4) Subject to such standing orders as the Commission may make under subsection (5) regarding a quorum, the Commission may act notwithstanding one or more vacancies in its membership. (5) The Commission shall regulate, by standing orders or otherwise, the procedure and business of the Commission, including the keeping of a record of its meetings and of decisions taken. 149 PT. 12A S. 126J [No. 37.] Local Government Act 2001 [2001.] (6)(a) The Commission has an absolute discretion to hold an oral hearing in relation to any matter in respect of which functions are conferred on it by this Part and the hearing may be conducted by— (i) one or more members of the Commission, (ii) one or more members of the Commission, together with one or more other persons appointed by the Commission for that purpose, or (iii) one or more other persons appointed by the Commission for that purpose. (b) The persons (including any members of the Commission) conducting an oral hearing under paragraph (a) shall make a report in writing on the hearing to the Commission and shall include in the report such recommendations as are considered appropriate with respect to the subject of the report. (c) The Commission shall consider a report made to it under paragraph (b) before deciding on the recommendations that it will make in its report. (7) Where the number of members of the Commission has been increased by order under section 126I(7)(a), any function of the Commission may be exercised by a division of the Commission comprising of at least 4 of its members and meetings and decisions of any such division are, for all purposes, meetings and decisions of the Commission.] Annotations Amendments: F144 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 61(1), S.I. No. 214 of 2014. F145[ Governance 126K.—(1) Not later than the 30th day of April in each year, the Commission shall of Commission prepare and submit to the Minister a report (in this section referred to as the ‘annual report of the Commission’) in relation to the performance of its functions during the preceding year and shall, as soon as may be, furnish a copy of that report to such other persons as it may consider appropriate. (2) An annual report of the Commission shall include the following in respect of the year to which it relates: (a) particulars of the policies, programmes, services and other activities undertaken by the Commission; (b) such particulars as may be required by a provision of any other enactment; (c) such other particulars (including financial statements) as the Commission may determine to be appropriate to include in the report or as may be directed by the Minister; (d) the total number of meetings of the Commission held during that year and, in respect of each member of the Commission— (i) number of meetings of the Commission attended by the member during that year, and (ii) the number of such meetings so held while a member of the Commission.] 150 PT. 12A S. 126K [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F145 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 61(1), S.I. No. 214 of 2014. F146[ Regulations 126L.—(1) The Minister may by regulations prescribe any matter of procedure as and determina- regards the appointment and operation of the Commission or the carrying out of its tions (Part 12A) functions. (2) Without prejudice to the generality of subsection (1), regulations under this section may provide for any of the following: (a) the conduct of any oral hearing held by the Commission under section 126J(6), the procedures at such a hearing, the representation of a local authority or regional assembly at such a hearing or the attendance of persons at such a hearing; (b) for the purposes of section 126C(1)(f), identifying or clarifying matters relating to public sector reform by local government bodies; (c) prescribing relevant indicators for the purposes of section 126C(1)(a). (3)(a) Where— (i) any doubt, dispute or question arises or, in the opinion of the Minister, is likely to arise as to whether a trust or other body or a class of such trust or other body is or is not a trust or other body or a class thereof to which paragraph (c) of the definition of ‘local government body’ applies, and (ii) the Minister is of the opinion that such trust, other body or class is one to which the said paragraph (c) applies, then the Minister shall determine the matter accordingly and shall communi- cate his or her determination in writing to the Commission and to the local authorities and regional assemblies concerned. (b) The Minister shall not make a determination under paragraph (a) in respect of a trust or other body, or of a class of trusts or other bodies, for which another Minister of the Government is directly or indirectly responsible unless that other Minister consents to that determination being made and every communication for the purposes of that paragraph shall disclose any such consent.] Annotations Amendments: F146 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 61(1), S.I. No. 214 of 2014. PART 13 L OCAL A UTHORITIES AND THE L OCAL C OMMUNITY F147[ C HAPTER 1 ] 151 PT. 13 S. 127 [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F147 Sections 127 and 128 designated as “chapter 1” (1.01.2014) by Local Government Reform Act 2014 (1/2014), s. 36(2), S.I. No. 214 of 2014. Consultation with F148[127.—(1) A local authority may take such steps as it considers appropriate to the local commu- consult with and promote effective participation by the local community in local nity. government. (2) Without prejudice to the generality of subsection (1) a local authority may— (a) undertake such action under section 64 as the authority may consider appro- priate, (b) establish strategic policy committees in accordance with Part 7, (c) consult with local sectoral, community or other groups, (d) arrange for the representation on relevant committees of the authority of persons having knowledge or experience of relevance to the work of the particular committee, (e) consult with a recognised association under section 128, (f) make arrangements for attendance and raising of issues by interested persons at meetings of the authority or of any of its committees in accordance with such rules as may be determined by resolution of the authority, (g) arrange for the holding of information meetings and the dissemination of information to the public in relation to any matter connected with its func- tions. (3) Without prejudice to the generality of subsection (1) each local authority shall, in accordance with regulations made under subsection (6) and general guidelines issued under subsection (7), adopt a document to be known as a Framework for Public Participation in Local Government (in this section referred to as the ‘Framework’) for the purposes of promoting, developing and implementing a coherent and integrated approach to participation in decision-making processes of the local authority by the local community. (4) For the purposes of subsection (3), the Framework shall seek to provide for participation by the local community within municipal districts and shall include the following: (a) participatory mechanisms to promote, support and facilitate the local community’s input into decision making by the local authority, without prejudice to any consultation procedures provided for in any enactment; (b) clear and transparent mechanisms for the selection of members of the local community to participate in such participatory mechanisms including selection processes that seek to balance gender, geography, social inclusion, sectoral, age and other interests and factors; (c) mechanisms to monitor, measure and evaluate participation by members of the local community with local government and to provide information to the local community arising from such monitoring, measurement and evalu- ation; (d) mechanisms to provide for accountability of such participants to the local community; 152 PT. 13 S. 127 [No. 37.] Local Government Act 2001 [2001.] (e) mechanisms for the provision of information by the local authority to the local community. (5) In developing the Framework, a local authority may take such steps as it considers appropriate to consult with the local community, including local sectoral, community or other groups. (6)(a) The Minister may make regulations relating to the adoption and establishment of a Framework by each local authority and its implementation, review and revision by the local authority concerned. (b) Regulations under this subsection may be made in respect of local authorities generally or in respect of any particular class or classes of local authorities as determined by those regulations. (7)(a) The Minister may issue general policy guidelines to local authorities for the purposes of any provision of this section (including any regulations made under subsection (6)) and each local authority shall comply with any such guidelines that relate to it. (b) Without prejudice to the generality of paragraph (a), guidelines under this section may provide for any of the following: (i) assistance to the local community with the preparation of strategies within municipal districts for the well-being of all; (ii) provision of opportunities for networking, communication and the sharing of information with the local community; (iii) mechanisms to support inclusion of socially excluded groups; (iv) developing capacity and supports for public engagement and participation; (v) participatory mechanisms; (vi) consultation procedures and processes; (vii) mechanisms for the provision of information; (viii) accountability mechanisms. (8)(a) Where in relation to any function of a local authority under this or under any other enactment the relevant enactment requires the publication of a notice in a newspaper or on the local authority’s website and the invitation of submissions or observations in connection with the performance of that function, the local authority may take such additional steps as it may consider appropriate to publicise, facilitate or promote the consultation process including the use of other forms of communications, including local radio stations, and the use of electronic forms of communication. (b) A local authority may, in respect of reports, plans or any other material in relation to the performance of its functions, arrange for the making available or display of such materials at suitable locations (which locations may include the internet) additional to those required by this or any other enactment. (9) An elected council may, by resolution, require that specified action be taken in accordance with this section for the purpose of consultation with the local community. (10) Nothing in this section shall be read as limiting or departing from the role of a local authority as an elected body. (11) The procedures and actions provided for under this section to promote and facilitate public engagement under the Framework may supplement but shall not be read as limiting or restricting— 153 PT. 13 S. 127 [No. 37.] Local Government Act 2001 [2001.] (a) any consultation procedures, or (b) any procedures requiring consultation, that are otherwise provided for under any enactment and any actions taken under the Framework, or any failure to take any specified action under the Framework, shall not affect any such consultation procedures or procedures. (12) The adoption of the Framework to promote and facilitate participation by the local community under this section is a reserved function.] Annotations Amendments: F148 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 46, S.I. No. 214 of 2014. Modifications (not altering text): C31 Application of subs. (2)(f) extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 11, in effect as per reg. 3. Making of arrangements for attendance and raising of issues by interested persons at meetings. 11. The provision of section 127(2)(f) for the attendance and raising of issues by interested parties at meetings shall apply to meetings of municipal district members as if the reference to “a local authority” were a reference to “municipal district members” and the references to “the authority” were references to “the members”. Recognised associ- 128.—(1) A local authority may declare that any body, whether corporate or unin- ations. corporate, be a recognised association for the purposes of this section where the local authority is of the opinion that the body is concerned with promoting the interests of the local community, or any part of or group within the local community, or of all or a part of the administrative area of that local authority. (2) A local authority may— (a) consult a recognised association on any relevant matter, (b) provide assistance in money or in kind to such association, (c) make arrangements with a recognised association under section 13(6) of the Roads Act, 1993, or Chapter 4 of Part 9 (d) enter into an agreement in writing with a recognised association for the carrying out by the association on behalf of the local authority of certain functions of the authority which in its opinion may be satisfactorily carried out by the recognised association, subject to such terms, conditions, restrictions and other requirements as the authority considers necessary and specifies in the agreement. (3) Subsection (2)(d) does not apply in respect of a reserved function, the function to make arrangements under section 13(6) of the Roads Act, 1993, or Chapter 4 of Part 9 or any other function as the Minister may prescribe by regulations. (4) Any works or other thing carried out or done by a recognised association in good faith as a result of an agreement made under subsection (2)(d) and in accordance with every requirement of such agreement shall be regarded as if the works or other thing was duly authorised, carried out or done by the local authority. (5) For the purposes of subsections (1) and (2), a local authority may have regard as to whether in its opinion— 154 PT. 13 S. 128 [No. 37.] Local Government Act 2001 [2001.] (a) a body is properly constituted and representative, (b) adequate financial and accounting arrangements are in place, and (c) the body is in a position to comply with such requirements as the local authority may in all the circumstances of the case consider necessary and reasonable for such purposes. (6) A declaration under subsection (1) is a reserved function. (7) The Minister may by regulations prescribe such matters relating to recognised associations as he or she considers appropriate for the purpose of giving effect to this section including the procedures to be followed for the termination of an agree- ment under subsection (2)(d). Annotations Editorial Notes: E231 Power pursuant to section exercised (1.01.2002) by Local Government Act 2001 (Supplementary Provisions) Regulations 2001 (S.I. No. 590 of 2001). F149[ C HAPTER 2 L OCAL C OMMUNITY D EVELOPMENT C OMMITTEES Interpretation 128A.— In this Chapter— (Chapter 2) ‘chief officer’, in relation to a Committee, means the person designated as such by the chief executive of the local authority concerned under section 128E(1) ; ‘Committee’ means a Local Community Development Committee; ‘community elements of the Plan’ means those parts of a local economic and community plan relating to the local and community development of the functional area of the Committee pursuant to section 66B; ‘economic elements of the Plan’ means those parts of a local economic and community plan relating to the promotion of economic development of the adminis- trative area of the local authority pursuant to section 66B; ‘functional area of a Committee’, in relation to a Committee, means the area to which the Committee relates, being the same area as the administrative area of the local authority concerned or such part of that area as may be determined by a reso- lution of the local authority under section 49A; ‘local and community development programme’ means any action, intervention, programme, scheme or any other support, financial or otherwise, which is concerned with promoting the interests of local communities and includes matters to which section 66(3) relates; ‘Local Community Development Committee’ means the committee established pursuant to section 49A; ‘Plan’ means the local economic and community plan to which section 66B relates; ‘publicly funded body’ means a body whose funds, directly or indirectly and in whole or in part, come out of moneys provided by the Oireachtas for the purpose of performing its functions; 155 PT. 13 S. 128A [No. 37.] Local Government Act 2001 [2001.] ‘representatives of local community interests’, in relation to the functional area of a Committee, means persons who are representative of community interests that are concerned with promoting the development of aspects of those interests within that area and such representatives may include representatives of non-governmental organisations, development agencies, community-based groups, recognised associa- tions for the purposes of section 128, youth organisations, cultural bodies, sporting bodies and social movements and networks.] Annotations Amendments: F149 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 36(2), S.I. No. 214 of 2014. F150[ Functions 128B.— (1) The functions of a Committee are— of Local Communi- ty Development (a) to prepare and adopt the community elements of every 6 year local economic Committees and community plan concerned in accordance with section 66C and any regulations made, or general policy guidelines issued, by the Minister for the purposes of that section, (b) to implement, or to arrange for the implementation of, the community elements of the Plan (as the case may be) as made by the local authority in accordance with section 66C(4), (c) to undertake a review of the community elements of the Plan at least once within the period of 6 calendar years after the Plan was adopted or last amended for the purposes of this paragraph and, if the Committee considers it necessary after any such review— (i) to amend the community elements of the Plan, or (ii) to prepare and adopt new community elements of the Plan to be made by the local authority under section 66C, and any such amendment or adoption shall be in accordance with any regulations made, or general policy guidelines issued, by the Minister for that purpose, (d) to monitor and review on an ongoing basis the implementation of the community elements of the Plan, including performance against any bench- marks or indicators of performance set out in the community elements of the Plan or other relevant indicators and, if the Committee considers appropriate, to revise the actions and strategies set to achieve the objectives of those elements of the Plan, (e) in furtherance of paragraph (b), to co-ordinate, manage and oversee the implementation of local and community development programmes that have been either— (i) approved by resolution from time to time for that purpose by the local authority concerned in respect of all or part of its administrative area, or (ii) agreed for that purpose between the Committee and a public authority, and to ensure that any plans and strategies related to those programmes are implemented in accordance with the community elements of the Plan, (f) to seek to ensure effectiveness, consistency, co-ordination and avoidance of duplication between the local and community development programmes to which paragraph (e) applies and the functions of the local authority in relation 156 PT. 13 S. 128B [No. 37.] Local Government Act 2001 [2001.] to promoting the interests of local communities or in other related functions under section 66 (as provided for by subsection (2)) or otherwise, (g) in addition to those programmes to which paragraphs (e) and (f) apply, to pursue the co-ordination generally of all local and community development programmes within the functional area of the Committee, so as to optimise resources for the benefit of local communities in that area and improve the efficiency with which publicly-funded local and community development resources are used, (h) to consider and adopt a statement in respect of the economic elements of a draft of the Plan prepared by the local authority in accordance with section 66C, and (i) not later than 31 March in each year, to prepare, adopt and submit to the local authority a report in relation to the performance of its functions during the year immediately preceding the year in which the report is submitted. (2) The functions of a local authority under section 66, shall be deemed to be delegated to a Committee, in so far as those functions are necessary for the perfor- mance by the Committee of its functions otherwise provided for by this section. (3)(a) The Committee may enter into an agreement in writing with a public author- ity, local development or community development body, or other person for the carrying out of those functions by such an authority, body or person, as the case may be, which the Committee considers appropriate to be carried out by such an authority, body or person, subject to such terms, conditions, restrictions and other requirements as the Committee considers necessary and specifies in the agreement. (b) In this subsection a ‘local development or community development body’ includes a not-for-profit organisation that provides programmes, offers services or engages in other activities that promote and support the interests of a local community or any part of a community or group within a local community. (4)(a) The Minister may, with the consent of the Minister for Public Expenditure and Reform, by order confer on a Committee or Committees such additional functions connected with the functions for the time being of a Committee, class of Committees or Committees generally (as the case may be) as the Minister determines, subject to such conditions (if any) as may be specified in the order. (b) The Minister may make such provision as he or she considers necessary or expedient in respect of matters ancillary to or arising out of any of the functions referred to in paragraph (a). (c) The Minister shall not make an order under this subsection in respect of functions for which another Minister of the Government is directly or indi- rectly responsible unless that Minister consents to that order being made. (5) The Committee, in performing its functions, shall have regard to— (a) the resources, wherever originating from, that are available or likely to become available to it for the purpose of such performance and the need to secure the most beneficial, effective and efficient use of such resources, (b) the need for co-operation with, and the co-ordination of its activities with those of local authorities, public authorities and publicly funded bodies, the performance of some of whose functions affect or may affect the Committee, so as to ensure efficiency and economy in the performance by the Committee of its functions, 157 PT. 13 S. 128B [No. 37.] Local Government Act 2001 [2001.] (c) the need for consultation with public authorities and publicly funded bodies in appropriate cases, (d) the need for consistency with the policies and objectives of the Government or any Minister of the Government or other public authority in so far as they may affect or relate to the Committee’s functions, (e) the need to integrate sustainable development considerations into policy development and implementation, and (f) the need to promote social inclusion. (6) The Committee has all such powers as are necessary for, or incidental to, the performance of its functions under this section. (7) Subject to subsections (2) and (8), this section and section 49A are without prejudice to and do not restrict the functions of a local authority in relation to promoting the interests of local communities or other related functions under section 66 or otherwise. (8) Section 140 shall not apply to the performance of any functions of the Committee and any resolution purporting to be passed under that section in relation to those functions which contravenes this subsection is void.] Annotations Amendments: F150 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 36(2), S.I. No. 214 of 2014. F151[ Member- 128C.— (1) Subject to and in accordance with any regulations made, or general ship of Local policy guidelines issued, by the Minister for the purposes of this section, the Community Development membership of a Committee shall comprise partly of persons who are and partly of Committees persons who are not members of the local authority concerned. (2) For the purposes of subsection (1), the Committee shall include— (a) members of the local authority, (b) the chief executive of the local authority or such other person employed by, or seconded to, the local authority (either by name or by reference to the person for the time being holding or exercising the functions of a particular post in that authority) standing nominated for the time being by the chief executive, (c) representatives of public authorities having responsibility for the provision of services to or within, the area of the Committee, (d) representatives of local community interests, (e) individuals acting in a private capacity who are or have been members or otherwise associated with any body (however described) of a type referred to in the definition of ‘local community representatives’ in section 128A, (f) representatives of publicly funded or supported local development bodies concerned with promoting the interests of local communities, and (g) such other persons or bodies (if any) as may be provided for by such regulations made, or general policy guidelines issued, by the Minister under section 128E. (3)(a) The chief officer of the Committee shall, in consultation with the Corporate Policy Group, seek and select nominees to the Committee, from time to time, 158 PT. 13 S. 128C [No. 37.] Local Government Act 2001 [2001.] in accordance with subsection (2) and any regulations made, or general policy guidelines issued, by the Minister for that purpose, and shall submit a list of recommended nominees to the members of the local authority for their consideration. (b) The nominees shall be appointed to the Committee, without omission or addition, by resolution of the local authority. (c) If the recommended nominees have not been appointed in accordance with paragraph (b) either because— (i) the local authority did not pass the resolution concerned on any of the 2 days upon which it has met after submission of the list of recommended nominees under paragraph (a), or (ii) 60 days have elapsed since submission under paragraph (a) of the list of nominees, then the recommended nominees shall be deemed to have been appointed on the day following the last day to which subparagraph (i) or (ii) relates, whichever first occurs. (4) The members of a Committee shall elect one of their number to be the chairper- son.] Annotations Amendments: F151 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 36(2), S.I. No. 214 of 2014. Editorial Notes: E232 Timeframes for submission of list of recommended nominees and convening of first meeting following appointment of nominees in accordance with subs. (3) prescribed (1.06.2014) by Local Community Development Committee (Section 128E) Regulations 2014 (S.I. No. 234 of 2014), reg. 4, in effect as per reg. 2. F152[ Staffing of 128D.— (1) The chief executive of a local authority shall assign an employee or Local Community employees of the local authority (either by name or by reference to the employee for Development Committee the time being holding or exercising the functions of a particular post in that authority)— (a) to assist the Committee in performing its functions, and (b) one of those persons shall be designated by the chief executive to be the chief officer of the Committee and have responsibility for carrying out, managing and controlling generally the administration and business of the Committee and arranging for the provision of appropriate administrative, secretarial and other support. (2) The chief executive of the local authority may delegate such of his or her func- tions as he or she considers necessary to an employee or employees of the local authority for the purpose of subsection (1) and section 154 shall apply for the purposes of any such delegation, subject to any necessary modifications.] 159 PT. 13 S. 128D [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F152 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 36(2), S.I. No. 214 of 2014. F153[ Regulations 128E.— (1) The Minister may, following consultation with such public authorities and general poli- as he or she considers appropriate, make regulations for the purposes of this Chapter cy guidelines and section 49A either generally or in relation to a Committee or to a particular class or classes of Committees. (2) The Minister may, in particular but without prejudice to the generality of subsection (1), make regulations in relation to— (a) matters relating to the establishment and membership of a Committee including— (i) the representation of sectoral interests, (ii) the tenure of office of the chairperson and members of a Committee, and (iii) the procedures to apply to ensure fairness and equity in the selection of members and the election of a chairperson of a Committee, (b) the performance of the functions of a Committee, including the functions of a local authority under section 66 delegated to a Committee, (c) procedures to apply to ensure fairness and equity in the decisions of a Committee, (d) the involvement of public authorities and other bodies and interests in the work of a Committee, (e) the carrying out, management and control of the administration and business of a Committee and any administrative, secretarial and other support of a Committee, including the delegation of functions by the chief executive for the purposes of such support, and (f) meetings and proceedings of the Committee, including arrangements relating to scheduling and notification of meetings and meeting agendas. (3) The Minister may, following consultation with such public authorities as the Minister considers appropriate, issue general policy guidelines for the purposes of any provision of this Chapter and section 49A and each Committee shall, to the extent that those guidelines apply to it, comply with those guidelines. (4) The Minister may, in particular but without prejudice to the generality of subsection (3), issue general policy guidelines in relation to— (a) principles guiding the work of Committees, (b) proposals of local authorities in relation to the establishment of 2 or more Committees within administrative areas, (c) size of Committees and criteria and procedures for the selection of nominees to Committees, (d) persons or bodies who may be considered for nomination to Committees and to whom section 128C(2)(g) relates, (e) the representation of members of the local authority or its officials, 160 PT. 13 S. 128E [No. 37.] Local Government Act 2001 [2001.] (f) the representation of non-governmental organisations, development agencies, community-based groups, recognised associations for the purposes of section 128, cultural bodies, sporting bodies and social movements and networks, (g) procedures and processes for establishing and managing working groups of Committees, (h) matters to be taken into account when dissolving Committees, (i) consultation with local communities and measures for promoting participation by citizens and communities in the work of Committees, (j) co-ordination of local and community development activities, avoidance of duplication and optimising the use of available resources, (k) implementation arrangements, including arrangements for the management and disbursement of funding by a Committee, in respect of the local and community development programmes referred to in section 128B(1)(e), (l) matters to be taken into account by Committees when giving advice and making recommendations under section 128F, and (m) any other matter of a general policy nature that the Minister considers appropriate for inclusion in the guidelines.] Annotations Amendments: F153 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 36(2), S.I. No. 214 of 2014. Editorial Notes: E233 Power pursuant to section exercised (10.07.2014) by Local Community Development Committee (Section 128E) (Amendment) (No. 1) Regulations 2014 (S.I. No. 314 of 2014). E234 Power pursuant to section exercised (1.06.2014) by Local Community Development Committee (Section 128E) Regulations 2014 (S.I. No. 234 of 2014), in effect as per reg. 2. F154[ Co-opera- 128F.— (1) In this section ‘relevant body’ means— tion with Local Community (a) a local authority, Development Committees (b) a regional assembly, (c) a trust or other body to which paragraph (c) of the definition of ‘local government body’ in section 126A relates or in respect of which there is a determination under section 126L(3), (d) a body referred to in Schedule 16, (e) a publicly funded body in respect of which there is an order under subsection (7)(a). (2) In respect of those local and community development programmes to which section 128B(1)(e) relates, it is the duty of a relevant body, in so far as is not incon- sistent with the performance of its functions, and subject to law— (a) to co-operate with the Committee in the performance by the Committee of its functions, 161 PT. 13 S. 128F [No. 37.] Local Government Act 2001 [2001.] (b) to comply with all lawful requests from the Committee in respect of information sought which is of relevance to the Committee’s functions, (c) in so far as is practicable, to ensure— (i) in respect of any of the relevant body’s local and community development programmes and related policies and strategies, however described, in particular those programmes and related policies and strategies to which section 128B(1)(g) relate, and (ii) in so far as those programmes and related policies and strategies impact on the functions of the Committee, that they are consistent with the objectives of community elements of the Plan, and the Plan generally, and the actions duly taken by the Committee in the furtherance of community elements of the Plan, and (d) as appropriate, to have due regard to any advice that may be given or to any recommendations that may be made to the relevant public authority by the Committee under subsection (4). (3) A public authority that is not a relevant body shall, in respect of the local and community development programmes of such an authority, or body, have due regard to community elements of the Plan, and the Plan generally, and any recommendations made to it by a Committee in accordance with subsection (4)(b) and shall use its best endeavours to facilitate any requests of the Committee. (4) Subject to and in accordance with the functions of the Committee under section 128B (including those of its functions to which section 66 relates), and any regulations made or general policy guidelines issued by the Minister for the purposes of those functions, the Committee may, for the purposes of ensuring consistency with the objectives of community elements of the Plan, and the Plan generally, — (a) advise the local authority that established it as to the way in which the local and community development programmes and related policies and strategies of the local authority should be developed or operated as regards the administrative area of that authority, and (b) in any other case make recommendations to any public authority or publicly funded body, as to the way in which the local and community development programmes and related policies or strategies of such public authority or publicly funded body should be developed or operate as regards the county or city or city and county concerned. (5) Nothing in this section shall be read as requiring the disclosure to a Committee of confidential information, the disclosure of which would be in breach of non- disclosure obligations provided for by law, or the disclosure of commercially sensitive information. (6) Where a Committee has made a request to a relevant body for information under paragraph (b) of section 128F(2), nothing in that paragraph shall be read as requiring the disclosure of information that would be materially disproportionate to what was required to achieve the intended result of the request. (7)(a) Where the Minister is of the opinion that a public authority or other publicly funded body that is not a relevant body should, having regard to this Chapter, section 49A and some or all of the functions of that public authority or publicly funded body, be a relevant body in respect of those functions then, subject to paragraph (b), the Minister may by order declare that that authority or body is a relevant body for the purposes of this Chapter and section 49A, and shall have effect accordingly. (b) The Minister shall not make an order under paragraph (a) in respect of a public authority for which another Minister of the Government is directly or indi- 162 PT. 13 S. 128F [No. 37.] Local Government Act 2001 [2001.] rectly responsible unless that other Minister consents to the order being made.] Annotations Amendments: F154 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 36(2), S.I. No. 214 of 2014. County or City 129.—F155[...] Development Boards. Annotations Amendments: F155 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 77, S.I. No. 214 of 2014. Editorial Notes: E235 Previous affecting provision: power pursuant to section exercised (1.01.2001) by Local Government Act 2001 (County and City Development Boards) Order 2001 (S.I. No. 589 of 2001); section repealed as per F-note above. E236 Previous affecting provision: subss. (4) and (9) amended (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment; repealed as per F-note above. F156[ PART 13A B USINESS I MPROVEMENT D ISTRICTS Definitions (Part 129A.— In this Part: 13). ‘annual BID contribution’ has the meaning assigned to it by section 129L; ‘annual BID multiplier’ means the annual BID multiplier determined for a chargeable period under section 129M(2); ‘BID approval date’, in relation to a BID scheme, means the date on which the rating authority concerned passes the resolution approving implementation or renewal of the scheme; ‘BID company’ has the meaning assigned to it by section 129I; ‘BID contribution levy’ has the meaning assigned to it by section 129N; ‘BID fund’, in relation to a BID scheme, means the fund established or renewed for that scheme under section 129K; ‘BID levypayer’, in relation to rateable property subject to a BID contribution levy, means the person liable to pay the levy in respect of the property under section 129N(5); ‘BID proponent’ means a person specified as a proponent of a BID proposal under section 129C(2)(a); 163 PT. 13A S. 129A [No. 37.] Local Government Act 2001 [2001.] ‘BID proposal’ has the meaning assigned to it by section 129C; ‘BID scheme’ means a scheme approved by a rating authority under section 129B(1)(b); ‘business improvement district’ means a business improvement district established under section 129B; ‘chargeable period’, in relation to a BID scheme, means each successive 12 month period over which the scheme is to operate, beginning on the scheme commencement date; ‘rateable property’ means relevant property that is rateable under the Valuation Act 2001; ‘ratepayer’, in relation to rateable property, means a person required to pay rates on that property; ‘ratepayer plebiscite’ means a plebiscite described in section 129G; ‘scheme commencement date’, in relation to a BID scheme, means the date that the scheme comes into force under section 129B(6)(a); ‘valuation’ means valuation within the meaning of the Valuation Act 2001; ‘valuation list’ means a valuation list as defined in the Valuation Act 2001.] Annotations Amendments: F156 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. F157[ Rating 129B.— (1) Subject to and in accordance with this Part, the rating authority for an authority administrative area may by resolution— approval of a business improvement (a) specify an area within the administrative area and establish that area as a district scheme. business improvement district, and (b) approve implementation of a scheme (‘BID scheme’) to carry out or provide one or more projects, services or works described in subsection (2) and which scheme is financed in whole or in part by BID contribution levies under this Part. (2) The projects, services and works referred to in subsection (1)(b) shall, in the rating authority’s opinion, be— (a) for the benefit of the business improvement district and those who live, work or carry on an activity in it, and (b) in addition to and not instead of any project, service or work carried out or provided by the rating authority immediately before approval of the scheme. (3) Without prejudice to the generality of subsection (2)(a), a BID scheme may include plans or initiatives respecting any of the following projects, services or works: (a) the provision, improvement or support in the business improvement district of any of the matters described in Schedule 13; (b) the improvement or beautification of streets or footpaths in the business improvement district or any land, buildings or other structures in it; 164 PT. 13A S. 129B [No. 37.] Local Government Act 2001 [2001.] (c) the removal of graffiti from streets or footpaths in the business improvement district or any land, buildings or other structures in it; (d) the carrying out of studies or making of reports respecting the business improvement district; (e) the promotion of tourism in the business improvement district or otherwise marketing or promoting activities, performances, events or use of amenity or facilities in the business improvement district. (4) A rating authority may not approve a scheme for implementation under subsection (1)(b) unless— (a) the terms of the scheme provide that, subject to section 129S (respecting early termination), the scheme is to operate for at least one year from the time it is to come into force, (b) the scheme has been made available to the public in accordance with section 129D and submissions from the public have been invited in accordance with section 129E, (c) a ratepayer plebiscite has been held in respect of the scheme and a majority of the ratepayers who vote in the plebiscite vote in favour of its implemen- tation, and (d) having regard to submissions referred to in paragraph (b), the rating authority is of the opinion that the scheme is appropriate and does not conflict in a material way with the interests of the local community. (5) It is necessary for the passing of a resolution under subsection (1) that at least one-third of the total number of members of the authority concerned vote in favour of the resolution. (6) A BID scheme— (a) comes into force on the date that— (i) is agreed between the rating authority and the BID company responsible for the scheme, and (ii) is specified in the resolution approving the scheme under subsection (1), and (b) subject to section 129S (respecting early termination), operates and has effect for the number of years (not exceeding 5 years) as may be specified in the terms of the scheme. (7) The 5 year limit in subsection (6)(b) does not prevent a BID scheme being approved under subsection (1) for renewal for one or more further periods, each not exceeding 5 years, provided that the conditions under subsection (4) are met each time the scheme is renewed. (8) A rating authority may not do any of the following in respect of a business improvement district for which a BID scheme is in effect: (a) revise the boundaries of the business improvement district; (b) consolidate the business improvement district with another business improvement district; (c) divide the business improvement district into two or more business improve- ment districts.] 165 PT. 13A S. 129B [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F157 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. F158[ BID propos- 129C.— (1) A person proposing a scheme for approval under section 129B may al. submit the proposal (‘BID proposal’) to the rating authority concerned. (2) The BID proposal shall— (a) specify the proponent’s name and provide an address for delivery of any notices to the proponent in respect of the proposal, (b) define the boundaries of the area being proposed as a business improvement district (including a map showing that area), (c) provide a current list of each rateable property in the proposed business improvement district, (d) set out the terms of the scheme being proposed, including all of the following: (i) a description of the objectives to be achieved under the scheme and a detailed description of the scheme itself specifying each project, service and work to be carried out or provided; (ii) the date by which the scheme is expected to be in operation and the number of years over which the scheme is expected to operate; (iii) the BID company that will be responsible for implementing or renewing and administering and managing the scheme in accordance with this Part; (iv) those terms of the scheme that may be altered by consent of the rating authority and the BID company referred to in subparagraph (iii), (e) specify the projects, services or works, if any, that are currently being carried out or provided by the rating authority concerned (‘baseline services’) and are relevant to the scheme being proposed, (f) provide estimates of the following for each year over which the scheme being proposed is to operate: (i) the expenditure that will be necessary to carry out or provide the projects, services and works under the scheme; (ii) the projected income for the scheme and the sources of that income, including any contribution, grant or assistance from a person or public authority (other than the annual BID contribution); (iii) the annual BID contribution, and (g) include such other information that the Minister may by regulation prescribe for purposes of this section. (3) On request of a BID proponent, the rating authority shall provide the proponent such information that the proponent may reasonably require in order to determine and specify in the proposal the baseline services relevant to the proposed scheme. (4) The BID proponent shall— 166 PT. 13A S. 129C [No. 37.] Local Government Act 2001 [2001.] (a) deliver to the rating authority concerned a copy of the BID proposal together with an initial request that the rating authority hold a ratepayer plebiscite on the proposal, and (b) provide the rating authority with such information as it reasonably requires to be satisfied that the BID proposal is not inconsistent with this Part and that the proponent has sufficient funds to meet the costs referred to in section 129H, should the proponent be required to do so under that section. (5) On receiving the initial request for a ratepayer plebiscite under subsection (4)(a), the rating authority shall, as soon as practicable but subject to subsection (6), comply with sections 129D and 129E. (6) The rating authority is not required to comply with subsection (5) until such time as the BID proponent complies with the requirements of subsections (2) and (4).] Annotations Amendments: F158 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. F159[ BID propos- 129D.— (1) A copy of a BID proposal— al to be available to public. (a) shall be made available at the principal offices of the rating authority concerned, (b) may be inspected by any member of the public during normal opening hours, and (c) may be purchased from the rating authority at a price not exceeding the reasonable cost of reproduction. (2) In addition to but not instead of complying with subsection (1), the rating authority concerned may publish a copy of the BID proposal on the internet.] Annotations Amendments: F159 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. F160[ Public input 129E.— (1) The rating authority concerned shall by way of a public notice invite to BID proposal. submissions from the public on a BID proposal. (2) Notice under subsection (1) shall— (a) describe the proposed scheme in general terms, (b) specify the area within the administrative area that is being proposed as a business improvement district, (c) include a statement that, if the scheme is established, an annual BID contribu- tion levy will be imposed on and collected from ratepayers of rateable property within the proposed business improvement district, 167 PT. 13A S. 129E [No. 37.] Local Government Act 2001 [2001.] (d) specify— (i) an address or location at which a copy of the BID proposal may be inspected pursuant to section 129D(1), (ii) the price for which a copy of the proposal may be purchased from the rating authority under section 129D(1), and (iii) if a copy of the proposal is also published on the internet pursuant to section 129D(2), the website address for viewing that copy, and (e) indicate that any person may, in the manner and by a date specified in the notice (‘closing date’), make a submission in relation to the BID proposal. (3) For the purposes of subsection (2)(b), the notice may include— (a) a map that clearly indicates the boundaries of the proposed business improvement district, or (b) a list of the street addresses of the rateable properties within the proposed business improvement district. (4) The closing date under subsection (2)(e) may not be less than 30 days after the date on which notice under this section is first published. (5) The rating authority shall ensure that the BID proponent receives a copy of each submission made on the BID proposal. (6) The rating authority shall prepare a report on the submissions (if any) made on the BID proposal; copies of that report shall be— (a) furnished by it to the members of the authority, and (b) made available by it to the public, on request and on payment to it of a fee (which fee shall not exceed the reasonable cost of making such a copy), and, in addition to the foregoing, it may publish a copy of the report on the internet.] Annotations Amendments: F160 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. F161[ Next steps 129F.— (1) If, based on submissions made under section 129E, the rating authority after public concerned is of the view that the BID proposal may be inconsistent with the interests input. of the local community, the rating authority shall, as soon as practicable after the closing date under section 129E(2)(e) and no later than 60 days after that closing date, notify the BID proponent in writing explaining the nature of the inconsistency. (2) Following consideration by the BID proponent of submissions made under section 129E and any notice under subsection (1) of this section, the proponent may, but not sooner than 60 days after the closing date referred to in subsection (1), deliver to the rating authority concerned— (a) written confirmation of the initial request to have the BID proposal proceed to a ratepayer plebiscite, or (b) written notice to withdraw the BID proposal. 168 PT. 13A S. 129F [No. 37.] Local Government Act 2001 [2001.] (3) If the rating authority concerned does not receive written confirmation or notice under subsection (2) within 90 days after the closing date under section 129E(2)(e), the BID proponent is deemed to have withdrawn the BID proposal. (4) A BID proponent who delivers notice to withdraw the BID proposal, or is deemed to have withdrawn the proposal, is liable to pay all costs incurred by the rating authority in relation to that proposal. (5) The costs for which the BID proponent is liable under subsection (4) are recov- erable as a simple contract debt in any court of competent jurisdiction and, if there is more than one such proponent, those proponents are jointly and severally liable for those costs.] Annotations Amendments: F161 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. F162[ BID propos- 129G.— (1) Within 60 days of receiving written confirmation delivered in compliance al goes to with section 129F(2)(a), the rating authority concerned shall, in accordance with this ratepayer plebiscite. section and the regulations made under subsection (6), hold a plebiscite to determine the level of support for the proposal among ratepayers of rateable property in the proposed business improvement district. (2) Each rateable property in the proposed business improvement district shall be afforded one vote in the plebiscite. (3) The vote under subsection (2) may only be exercised— (a) by the ratepayer of the rateable property at the time of the plebiscite, and (b) by completing and returning a ballot paper in the form and manner prescribed under subsection (6). (4) In the case of a rateable property where 2 or more persons own or occupy the property and are liable for rates on that property— (a) they shall be considered as one ratepayer for the purposes of subsection (3)(a), (b) they are not entitled to vote in the plebiscite unless a majority of them concurs, and (c) unless the vote is signed by a majority of them, it shall be disregarded for purposes of the plebiscite. (5) No later than 45 days after receiving written confirmation under section 129F(2)(a), the rating authority concerned shall send, by ordinary post or any other means that may be prescribed by regulation, all ballot papers for completion under subsection (3) to the ratepayers concerned. (6) The Minister may make regulations— (a) relating to and governing the conduct of a ratepayer plebiscite, (b) prescribing the form of a ballot paper under this section and the manner in which it is to be completed and returned, and (c) prescribing means other than post for the delivery and return of ballot papers under this section.] 169 PT. 13A S. 129G [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F162 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. Editorial Notes: E237 Power pursuant to section exercised (24.04.2007) by Local Government (Business Improvement Districts Ratepayer Plebiscite) Regulations 2007 (S.I. No. 166 of 2007). F163[ Costs of 129H.— (1) If less than 20 percent of the ratepayers who vote in a ratepayer ratepayer plebiscite vote in favour of having the rating authority concerned approve implemen- plebiscite. tation of the BID proposal as a BID scheme, the BID proponent is liable to pay all costs incurred by the rating authority in relation to that proposal. (2) The costs for which a BID proponent is liable under subsection (1) are recoverable as a simple contract debt in any court of competent jurisdiction and, if there is more than one such proponent, those proponents are jointly and severally liable for those costs.] Annotations Amendments: F163 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. F164[ BID compa- 129I.— (1) A BID company shall be a company limited by guarantee and formed ny requirements. and registered under the Companies Acts. (2) The principal objects of the BID company shall be stated in its memorandum of association to be as follows: (a) to implement or renew and administer and manage a BID scheme or, as the case may be, a scheme being proposed for purposes of this Part; (b) to ensure that each project, service and work under the scheme is carried out in accordance with that scheme and this Part; (c) to carry out the functions of a BID company in accordance with this Part. (3) Subsection (2) does not prevent or restrict the inclusion of objects and powers that are— (a) reasonably necessary, proper for or incidental or ancillary to attaining the principal objects referred to in subsection (2), and (b) not inconsistent with this Part or any other enactment. (4) A BID company shall have a board of directors consisting of not less than 6 members and at least two-thirds of those directors shall be— (a) ratepayers of rateable property in the business improvement district or, as the case may be, in the area being proposed as a business improvement district, or (b) representatives of such ratepayers. 170 PT. 13A S. 129I [No. 37.] Local Government Act 2001 [2001.] (5) On approval of a BID scheme by a rating authority under section 129B, the rating authority is entitled to have the following representation on the board of directors for the BID company that will be implementing or renewing the scheme: (a) if the board consists of less than 13 members, one of those members shall be selected by the elected council and one shall be selected by the F165[chief executive]; (b) if the board of directors consists of 13 or more members, 2 of those members shall be selected by the elected council and 2 shall be selected by the F165[chief executive]. (6) A vacancy in the membership of the board of directors under subsection (4) or (5) does not invalidate any act or proceeding of the board or impair the right of the board to act, if the number of members is not less than a quorum.] Annotations Amendments: F164 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. F165 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 78, 79, S.I. No. 214 of 2014. F166[ BID compa- 129J.— (1) Within 60 days after the BID approval date, the board of directors of ny to meet and the BID company responsible for a BID scheme shall— adopt first budget following approval of BID (a) hold a meeting of those directors, and scheme. (b) at that meeting, prepare and adopt a budget for the first chargeable period under the scheme, setting out the matters described in section 129L(1)(a) to (c). (2) The provisions of section 129L(1)(a) to (c) and (2) apply in respect of the budget to be prepared and adopted for the first chargeable period under subsection (1) of this section and, for this purpose, the references in section 129L(1) and (2) to ‘next chargeable period’ shall be read as ‘first chargeable period’. (3) The BID company shall within 7 days after the meeting under subsection (1) submit a copy of the adopted budget to the rating authority concerned.] Annotations Amendments: F166 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. F167[ Separate 129K.— (1) Within 60 days after the BID approval date, the rating authority that BID fund to be approves implementation of a BID scheme shall establish a fund (‘BID fund’) for that established following scheme. approval of BID scheme. (2) In the case of a BID scheme that is approved for renewal under section 129B, the BID fund previously established for that scheme is continued on that approval. (3) The BID fund shall be separate from the local fund of the rating authority and the accounts of the BID fund shall be accounted for separately. 171 PT. 13A S. 129K [No. 37.] Local Government Act 2001 [2001.] (4) All BID contribution levies collected by the rating authority in respect of the BID scheme shall be paid into the BID fund. (5) Subject to subsection (6), the BID contribution levies that are collected during a chargeable period shall be paid out of the BID fund to the BID company responsible for the BID scheme as required under the terms of the scheme. (6) The rating authority may recover from the BID fund all reasonable costs it incurs in performing functions related to the BID scheme.] Annotations Amendments: F167 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. F168[ Annual 129L.— (1) In each chargeable period under a BID scheme, the BID company budget for BID responsible for the scheme shall prepare and adopt a budget setting out each of the scheme. following for the next chargeable period: (a) the expenditure estimated to be necessary during that next chargeable period for— (i) carrying out the projects, services and works under the scheme, (ii) administering and managing the scheme, and (iii) carrying out functions in respect of the scheme in accordance with this Part; (b) any income, other than the annual BID contribution under paragraph (c), estimated to accrue to the BID company; (c) the total sum of money (‘annual BID contribution’) that the BID company requests the rating authority contribute towards financing the scheme for the next chargeable period by means of imposing and collecting BID contri- bution levies under this Part. (2) The annual BID contribution under subsection (1)(c) is to be determined by the formula A — B where A is the expenditure referred to in subsection (1)(a), and B is the income referred to in subsection (1)(b). (3) The BID company shall submit a copy of the budget for the next chargeable period to the rating authority concerned at least 14 days before that next chargeable period begins.] Annotations Amendments: F168 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. 172 PT. 13A S. 129M [No. 37.] Local Government Act 2001 [2001.] F169[ Annual BID 129M.— (1) On receiving a copy of the budget adopted by a BID company under multiplier. section 129J(3) or 129L(3), the rating authority concerned shall determine the annual BID multiplier to be levied against the valuation of each rateable property in the business improvement district to which the budget relates. (2) The annual BID multiplier is to be determined by the formula A + B C where A is the annual BID contribution determined by the BID company pursuant to section 129L(2), B is the total of— (a) all estimated costs that the rating authority expects to incur over the next chargeable period in performing functions related to the BID scheme, and (b) if the budget is for the first chargeable period of the scheme under section 129J, all costs incurred by the rating authority in relation to the BID proposal on which the scheme is based, and C is the aggregate valuation of all rateable property situate in the relevant business improvement district according to the latest valuation list in force at the time of determining the annual BID multiplier under this section.] Annotations Amendments: F169 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. F170[ Annual BID 129N.— (1) On determining the annual BID multiplier for a chargeable period under contribution levy. section 129M, the rating authority shall impose and collect for that chargeable period a BID contribution levy on each rateable property in the business improvement district in respect of which the BID scheme applies. (2) Subject to subsection (3), the amount of the BID contribution levy in respect of a rateable property described in subsection (1) is to be determined by the formula A x B where A is the annual BID multiplier for the relevant chargeable period, and B is the valuation of the rateable property, according to the latest valuation list in force on the date that that BID multiplier is determined. (3) If a rateable property described in subsection (1) is unoccupied on the date that the annual BID multiplier is determined, the amount of the BID contribution levy is to be determined by applying the formula set out in subsection (2) and dividing that result by 2. (4) Notice of the BID contribution levy imposed on a rateable property under this section shall be sent by post or otherwise delivered to the person liable to pay the levy for that property under subsection (5) (the ‘BID levypayer’) and the notice shall include the following information: 173 PT. 13A S. 129N [No. 37.] Local Government Act 2001 [2001.] (a) the amount of the BID contribution levy; (b) the date by which the BID contribution levy is due and payable and the manner in which it is to be paid. (5) The following are liable to pay the BID contribution levy for a rateable property under this section: (a) the person who is in occupation of the property on the date that the annual BID multiplier is determined; (b) if the property is unoccupied on the date referred to in paragraph (a), the person who owns the property on that date. (6) The date specified under subsection (4)(b) may not be less than 14 days from the date that the notice is sent under that subsection. (7) The BID levypayer shall pay the full amount of the BID contribution levy to the rating authority by the date specified under subsection (4)(b). (8) The BID contribution levy for which a BID levypayer is liable under this section is recoverable as a simple contract debt in any court of competent jurisdiction and, if there is more than one such levypayer in respect of a rateable property subject to the levy, those levypayers are jointly and severally liable for that levy. (9) A BID contribution levy is not invalidated by any error or defect in the statement of the name of the BID levypayer in the notice under subsection (4) or by the use of the description ‘the owner’ or ‘the occupier’ without any name or addition, and the levy is recoverable from the BID levypayer notwithstanding any such error or defect or the use of any such description. (10) For the purposes of this section, rateable property is ‘unoccupied’ if the person who owns the property on the date that the annual BID multiplier is determined (the ‘owner’) satisfies the rating authority that— (a) the owner was not occupying the property on that date, (b) no other person was entitled to the use or enjoyment of the property on that date, and (c) acting in good faith, the owner was genuinely unable to find a suitable tenant for the property at a reasonable rent.] Annotations Amendments: F170 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. F171[ Recalcula- 129O.— (1) If, during a chargeable period, a rateable property subject to a BID tion of levy in contribution levy is demolished or destroyed to the extent that it is incapable of event of total destruction or rateable occupation by the owner of the property, the BID levypayer may apply in demolition of writing to the rating authority concerned for a refund or credit on the amount of the property. levy paid or payable for the chargeable period. (2) On receiving the application and being satisfied that the condition described in subsection (1) has been met, the rating authority shall prorate the amount of the BID contribution levy that was paid or is payable for that portion of the chargeable period during which the property is incapable of rateable occupation and that prorated amount shall be— 174 PT. 13A S. 129O [No. 37.] Local Government Act 2001 [2001.] (a) refunded to the applicant BID levypayer, in the case where the levy has already been paid in full, (b) refunded to the applicant BID levypayer to the extent that any partial payment of the levy that has been made would result in an overpayment because of the application of this subsection, or (c) if paragraphs (a) and (b) do not apply, credited to the account of the applicant BID levypayer.] Annotations Amendments: F171 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. F172[ Recalcula- 129P.— (1) This section applies if— tion of levy if valuation amend- (a) a BID levypayer has paid the BID contribution levy payable in respect of a ed during charge- able period. rateable property for a chargeable period, (b) the valuation of the property changes during that chargeable period because of amendment to the valuation list described in section 28 of the Valuation Act 2001, and (c) the BID levypayer has not received a refund or credit under section 129O in respect of the rateable property for that chargeable period. (2) As soon as reasonably practicable after amendment of the valuation of the rateable property described in subsection (1), the BID contribution levy for that rateable property shall be recalculated by the rating authority under section 129N(2) or (3), as the case may be, using the same BID multiplier but the amended valuation for the property, and the recalculated amount shall be prorated based on the number of days remaining in the relevant chargeable period, beginning with the date that the valuation is amended. (3) If, as a result of the recalculation under subsection (2), the payment of the BID contribution levy described in subsection (1)(a) involved an overpayment and there are no arrears of BID contribution levies outstanding on the property concerned or if there are such arrears they are less than the amount of the overpayment, then the rating authority shall pay to the BID levypayer concerned a refund in the amount of the overpayment less the amount of any such arrears owing. (4) If, as a result of the recalculation under subsection (2), the payment of the BID contribution levy described in subsection (1)(a) involved an underpayment, then— (a) the BID levypayer is liable for the balance owing, (b) the balance owing may be recovered from the BID levypayer by the same means provided under section 129N, and (c) the provisions of section 129N(4) to (9) apply for the purposes of that recovery. (5) If— (a) the amended valuation for the rateable property referred to in subsection (2) is consequently the subject of an appeal under Part 7 of the Valuation Act 2001, and 175 PT. 13A S. 129P [No. 37.] Local Government Act 2001 [2001.] (b) after all appeals under that Part have been exhausted, the final valuation of the property for the relevant chargeable period is different than it was for purposes of the recalculation under subsection (2), the rating authority shall recalculate the BID contribution levy for that property under section 129N(2) or (3), as the case may be, using the same formula applied in those provisions except where ‘B’ is now the final valuation of the property referred to in paragraph (b) of this subsection. (6) If, as a result of recalculation under subsection (5), the amount of money paid by the BID levypayer for the relevant chargeable period involved an overpayment or an underpayment, then— (a) in the case of an overpayment, subsection (3) applies, and (b) in the case of an underpayment, subsection (4) applies.] Annotations Amendments: F172 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. F173[ Care and 129Q.— All BID contribution levies imposed and to be collected pursuant to this management of Part are placed under the care and management of the rating authority concerned.] BID contribution levies. Annotations Amendments: F173 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. F174[ Keeping of 129R.— (1) A BID company responsible for a BID scheme shall keep all proper and accounts and usual accounts of moneys received or spent by it, including an income and expenditure financial state- ments. account and a balance sheet. (2) Without limiting subsection (1), the BID company shall establish, operate and maintain financial systems, accounts, reporting and record keeping procedures, including the preparation of annual financial statements, which are based on gener- ally accepted accounting principles and practices. (3) The BID company shall— (a) submit to the rating authority a copy of its annual audited accounts no later than 12 weeks after the close of the financial year of the BID company to which those accounts relate, and (b) on request of any person, provide a copy of those accounts at a price not exceeding the reasonable cost of reproduction. (4) The rating authority may also require the preparation and submission to it of statements of the financial position of the BID company. (5) Statements of financial position submitted shall contain such detail and be prepared and submitted at such intervals as may be specified by the rating authority.] 176 PT. 13A S. 129R [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F174 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. F175[ Early termi- 129S.— (1) The rating authority that approves implementation or renewal of a BID nation of BID scheme may by resolution terminate the scheme if any of the following apply: schemes. (a) in the opinion of the rating authority, the BID company responsible for the scheme— (i) will have insufficient finances to meet its liabilities for the current chargeable period and the rating authority has offered the BID company a reasonable opportunity to arrange for— (A) financing the shortfall, or (B) a reduction in the projects, services or works under the scheme which is sufficient to offset the shortfall, (ii) is not carrying out or providing the projects, services or works in accor- dance with the scheme, or (iii) is not in compliance with any provision in this Part; (b) the rating authority is unable, due to any cause beyond its control, to perform its functions in relation to the BID scheme. (2) It is necessary for the passing of a resolution under subsection (1) that at least one-third of the total number of members of the authority concerned vote in favour of the resolution. (3) At least 28 days before the date of the termination, the rating authority shall give written notice to the BID company of its intention to terminate the BID scheme under subsection (1). (4) The BID company responsible for a BID scheme may terminate the scheme if any of the following apply: (a) the BID company will have insufficient finances to meet its liabilities for the current chargeable period and it has made a reasonable effort to arrange for— (i) financing the shortfall, or (ii) a reduction in the projects, services or works under the scheme which is sufficient to offset the shortfall; (b) the BID company is unable, due to any cause beyond its control, to carry out or provide the projects, services or works under the scheme; (c) the projects, services or works to be carried out or provided under the scheme are no longer required. (5) At least 28 days before the date of the termination, the BID company shall give written notice to the rating authority concerned of its intention to terminate the BID scheme under subsection (4).] 177 PT. 13A S. 129S [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F175 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. F176[ Final 129T.— (1) As soon as is reasonably practicable after termination of a BID scheme accounting of BID under section 129S or after a scheme is no longer in force and is not renewed, the fund on termina- tion of BID rating authority concerned shall give written notice of the termination to— scheme. (a) if the termination occurs during a chargeable period under the scheme, those persons liable to pay a BID contribution levy for that chargeable period, and (b) if the scheme is no longer in force and is not renewed under section 129B, those persons most recently liable to pay the BID contribution levy when the scheme was in force. (2) The written notice referred to in subsection (1) shall explain if a refund is to be made under subsection (4). (3) Subsection (4) applies if, after deducting— (a) all costs incurred by the rating authority in performing functions related to the BID scheme, and (b) all costs that the rating authority expects to incur in the performance of its functions under this part, there is a credit to the relevant BID fund that would, when divided between the BID levypayers who paid the most recent BID contribution levy owing before the scheme’s termination (and divided on a basis proportionate to their contribution to the annual BID contribution for the most recent chargeable period), enable a refund of at least €50 to each of those levypayers. (4) The rating authority shall— (a) after making the deductions described in subsection (3)(a) and (b), calculate the amount of the credit to the relevant BID fund that is to be refunded to each BID levypayer described in that subsection, and (b) make arrangements for those refunds to be made. (5) If subsection (3) does not apply, the rating authority shall transfer the credit balance in the relevant BID fund to the credit of the local fund of the rating authority.] Annotations Amendments: F176 New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007. PART 14 T HE L OCAL G OVERNMENT S ERVICE 178 PT. 14 S. 130 [No. 37.] Local Government Act 2001 [2001.] C HAPTER 1 The Elected Council Policy role of 130.—It is a function of the elected council of a local authority to determine by elected council. resolution the policy of the local authority subject to and in accordance with this Act and the other enactments relating to that authority. Reserved func- 131.—(1)(a) F177[Subject to section 131A, the elected council of a local authority tions. or the members of a joint body shall] directly exercise and perform by reso- lution at a meeting of the local authority or body every function to which this section applies. (b) The functions referred to in paragraph (a) shall be known as reserved functions of a local authority or of a joint body, as the case may be, and in this Act are referred to as “reserved functions”. (2) This section applies to every function— F177[(a) designated as a reserved function by any provision of the Local Govern- ment Acts 1925 to 2014 (including a designation by order under subsection (3)), a provision of any other Act that is to be construed together with those Acts, or as specified in Schedule 14 or, subject to section 131B(1), Schedule 14A,] (b) designated as a reserved function by any provision of any other enactment relating to a local authority or joint body; (c) expressly made exercisable by resolution under this Act or under any other enactment relating to a local authority or joint body which was enacted after the 13th day of June, 1940. (3)(a) The Minister may by order designate a specified function of local authorities or joint bodies to be a reserved function and for so long as an order is in force the function is a reserved function. (b) Any order made under subsection (2) of section 41 of the Local Government Act, 1991, or continued in force by subsection (5) of that section shall continue in force as if made under this subsection and may be amended or revoked accordingly. F178[(c) An order under paragraph (a) may provide that a specified function designated by such order to be a reserved function may be performed, or shall be performed, as provided in the order, in respect of each municipal district in the county or the city and county, as the case may be, by the municipal district members concerned, subject to the provisions of subsections (4) to (6) of section 131A.] (4) Any reference to a reserved function in respect of a local authority or joint body in any enactment enacted before the commencement of this provision or to a function exercisable by resolution to which subsection (2)(c) applies shall be read as a reference to a reserved function for the purposes of this Act. (5) For the purposes of this section “function” does not include a function relating to the employees of a local authority or joint body or the direction, supervision, service, remuneration or discipline of such employees or any of them, other than a function referred to in section 145(1). 179 PT. 14 S. 131 [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F177 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(2)(a), (b), S.I. No. 214 of 2014. F178 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(2)(c), S.I. No. 214 of 2014. F179[ Perfor- 131A.—(1) Subject to subsection (4), in respect of the elected council of a local mance of authority that is the council of a county (other than the council of a county to which reserved func- tions in respect section 22A(4) relates) or of a city and county, a reserved function which is specified of municipal in— district members (a) paragraphs 1 and 3 (other than in respect of a joint body) of Schedule 14 and Part 1 of Schedule 14A shall be performed in respect of each municipal district within the administrative area of the local authority by the municipal district members concerned, and (b) paragraphs 5, 6 or 7 of Schedule 14 and Part 2 of Schedule 14A, may be performed in respect of a municipal district within the administrative area of the local authority by— (i) the municipal district members, or (ii) the local authority. (2)(a) In addition to the functions referred to in subsection (1), a local authority that is the council of a county or a city and county may, subject to paragraph (e), by resolution delegate with or without restrictions to the municipal district members for any municipal district in the area of the local authority any of its functions that may be performed by resolution and a function so delegated shall, accordingly, be performed in respect of each such municipal district in the administrative area of the local authority (or any part of such district) by the municipal district members concerned. (b) A local authority may, following consultation with the municipal district members concerned, by resolution, revoke the delegation by it under this subsection of a function, but the revocation is without prejudice to anything previously done by virtue of the delegated function. (c) A function shall not be delegated by a local authority in such a manner that, at the same time, it is exercisable— (i) by a committee established under section 51, and (ii) by municipal district members under this subsection. (d) A resolution of a local authority delegating or revoking the delegation of a function to municipal district members shall not be treated as having been passed unless at least a half of the total number of members of the local authority concerned vote in favour of the resolution. (e) A local authority shall not delegate any of its functions to which subparagraphs (i) to (iv) of section 51(2)(a) relates to the municipal district members. (3) The functions, by virtue of subsection (2)(a), of municipal district members shall not be delegated by the municipal district members. (4) Municipal district members may by resolution decide, subject to the approval by resolution of the local authority and the approval of the Minister, that a particular 180 PT. 14 S. 131A [No. 37.] Local Government Act 2001 [2001.] function to which subsection (1) relates should be performed only by the local authority. (5)(a) The Minister may make regulations specifying conditions, restrictions, procedures or other provisions to apply— (i) generally in relation to the performance of functions to which subsections (1) and (2) relate, (ii) specifically in relation to performance of one or more than one function to which any of those sections relate, (iii) in relation to the delegation of functions or the revocation of a delegation of functions under subsection (2), or (iv) in relation to a decision under subsection (4). (b) Without prejudice to the generality of paragraph (a), regulations under this subsection may provide for any of the following: (i) requirements for the purpose of ensuring that municipal district members performing functions do so in a manner consistent with the policies, strategies, programmes or plans of the local authority concerned; (ii) requirements for the purpose of ensuring the avoidance of unnecessary duplication in the performance of functions between the municipal district members for each of the municipal districts in a local authority area or between the municipal district members and the local authority for that area; (iii) that specified functions may not be delegated under subsection (2), or may only be delegated with the approval of the Minister; (iv) that, in circumstances provided for in the regulations, a local authority may perform a specified delegated function in place of the municipal district members in a particular case or occasion; (v) arrangements for the resolution of any difference or disagreement between a local authority and the municipal district members in relation to the performance of a function which is specified in paragraphs 5, 6 or 7 of Schedule 14 or Part 2 of Schedule 14A; (vi) that a particular function set out in paragraphs 5, 6 or 7 of Schedule 14 or Part 1 or 2 of Schedule 14A shall only be performable in every instance by the local authority concerned; (vii) provisions to determine whether a function specified in paragraph 5, 6 or 7 of Schedule 14 and Part 2 of Schedule 14A should, in particular circumstances be performed by municipal district members or by the local authority. (6) The Minister may issue general policy guidelines to local authorities for the purposes of any provision of this section (including any regulations made under it) and each local authority shall comply with any such guidelines.] Annotations Amendments: F179 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(3), S.I. No. 214 of 2014. 181 PT. 14 S. 131A [No. 37.] Local Government Act 2001 [2001.] Editorial Notes: E238 Power pursuant to subs. (5) exercised (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014), in effect as per reg. 2. F180[ Supplemen- 131B.— (1) For the purposes of sections 131 and 131A, and for convenience of tal provisions to reference only, there is set out in column (3) of Parts 1, 2 and 3 of Schedule 14A the section 131 and 131A provisions of enactments under which reserved functions are conferred. (2) The validity of any function conferred on a local authority by law is not affected by the fact that it is not specified in Schedule 14 or 14A.] Annotations Amendments: F180 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(3), S.I. No. 214 of 2014. Reserved func- F181[132.—(1) It is the duty of every chief executive to carry into effect all lawful tions: duty of directions of the elected council of a local authority or a joint body for which he or manager. she is chief executive in relation to the exercise and performance of the reserved functions of the local authority or joint body. (2)(a) Where in relation to the exercise or performance of a reserved function a legal opinion was obtained by a local authority or joint body, the elected council or joint body may, without prejudice to section 153, by resolution direct that a second such opinion be obtained by the authority in the terms specified in such resolution. (b) Nothing in this subsection shall prejudice a local authority or joint body in carrying out any function which the authority or body is required by or under statute or by order of a court to duly carry out. (3) It is the duty of every chief executive to advise and assist the elected council of a local authority or a joint body for which he or she is chief executive and to assist the corporate policy group, each strategic policy committee and local community development committee within the administrative area of which he or she is chief executive— (a) generally as regards the exercise or performance by— (i) the council of the local authority or joint body, of its reserved functions, and (ii) by the strategic policy committee or local community development committee, of its functions in relation to the reserved function of the local authority or joint body, and (b) as regards any particular matter or thing in relation to such exercise or performance on or in respect of which the council of a local authority, joint body, corporate policy group, strategic policy committee or local community development committee requests the advice or assistance of the chief exec- utive, and each shall have regard to that advice or assistance. 182 PT. 14 S. 132 [No. 37.] Local Government Act 2001 [2001.] (4) In subsections (1) to (3) a reference to the elected council of a local authority includes a reference to the municipal district members when duly exercising a reserved function. (5) For the purposes of superintendence and oversight by the elected council in the discharge of functions conferred on the elected council by law, the chief executive shall, when requested by the elected council, report on the actions already taken and planned to be taken to carry out the directions of the elected council of a local authority or a joint body for which he or she is chief executive in relation to the exercise and performance of the reserved functions of the local authority or joint body. (6) Following consideration of a report referred to in subsection (5) or a management report as provided for in section 136(2), the elected council may, by resolution, adopt a statement indicating that it is the opinion of the elected council that the actions already taken or planned to be taken by the chief executive to carry out the directions of the elected council in relation to the exercise and performance of the reserved functions of the local authority or joint body are not sufficient for such purpose, or are not sufficient to ensure the efficient discharge of such function, and such resolution shall state the reasons for such opinion. (7) Within 14 days of the adoption of a statement pursuant to subsection (6), the chief executive shall provide to the elected council a response indicating the changes, if any, to the actions or intended actions he or she will put in place, and where the chief executive considers it so warranted, may indicate where in his or her opinion the policy of the council requires review and amendment. (8) The chief executive shall, when requested by the elected council, whether consequent on the council’s consideration of the chief executive’s response for the purposes of subsection (7) or otherwise, advise on the review of any policy, or a review of the implementation of any policy, of the local authority (being a policy approved as a reserved function) by the local authority or joint body.] Annotations Amendments: F181 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 47, S.I. No. 214 of 2014. Corporate policy 133.—F182[(1) The elected council of each local authority shall form a committee, group. to be known as the corporate policy group and in this section referred to as the ‘policy group’, consisting of— (a) the Cathaoirleach of the local authority who shall chair the policy group, (b) the chairpersons of the strategic policy committees of the local authority, and (c) where for any period of time, a policy group does not contain a member from a municipal district to whom paragraph (a) or (b) relates, a municipal district member for each municipal district concerned— (i) selected by the municipal district members for such district, or (ii) failing such selection, the Cathaoirleach of the municipal district concerned or such other member as the Cathaoirleach may select.] (2)(a) The policy group may advise and assist the elected council in the formulation, development, monitoring and review of policy for the local authority and for that purpose propose arrangements for the consideration of policy matters and the organisation of related business by the elected council. 183 PT. 14 S. 133 [No. 37.] Local Government Act 2001 [2001.] (b) The policy group may make proposals for the allocation of business as between strategic policy committees and for the general co-ordination of such business. F183[(ba) Without prejudice to paragraph (a) and with respect to the policies of and functions performed by the local authority, the policy group may promote co-ordination, consistency, effectiveness and avoidance of duplication in the performance of functions of the local authority by municipal district members.] (c) Nothing in this subsection prevents the submission of a report by a strategic policy committee directly to the elected council. (3) The F184[chief executive] shall prepare the corporate plan for the local authority in consultation with the policy group in accordance with section 134. (4)(a) The F184[chief executive] shall consult the policy group in the preparation of the local authority’s draft budget and the policy group may for that purpose avail of the assistance of not more than 3 additional persons, who are not members of the authority. (b) The additional persons referred to in paragraph (a) shall be persons who in the opinion of the policy group have financial, organisational or other knowledge or experience likely to be of special relevance to the policy group’s consideration of the authority’s draft budget. (5)(a) The policy group may request the F184[chief executive] to provide a report to the policy group on any matter or thing related to a function of the local authority and specified by the policy group and, subject to paragraph (b), the F184[chief executive] shall provide such report. (b) A F184[chief executive] shall provide such a report in so far as compliance with such request would not— (i) duplicate a similar request by the elected council or a direction under section 138(2), or (ii) be contrary to law. (6)(a) Where the policy group requests a report under subsection (5), the Cathaoirleach may at the time of such request by direction in writing signed and dated by him or her and given to the F184[chief executive] require the F184[chief executive] to refrain from doing any particular act, matter or thing related to the subject matter of the report and specifically mentioned in the direction and which the local authority or F184[chief executive] concerned can lawfully refrain from doing. (b) Subject to paragraph (c), a direction under paragraph (a) shall continue to have effect, unless withdrawn, until the next meeting of the local authority and may be extended by resolution at that meeting and where not so extended ceases to have effect. (c) A direction under paragraph (a) (whether extended under paragraph (b) or not) shall not in any case have effect for longer than 3 months and shall cease to have effect on the expiration of 3 months after the date on which it is given, unless it is earlier withdrawn or has ceased to have effect under paragraph (b). (d) Where a direction ceases to have effect a similar direction or a direction of substantially like effect in relation to the act, matter or thing in question may not be given. (e) The F184[chief executive] shall comply with a direction duly and lawfully given under this subsection. 184 PT. 14 S. 133 [No. 37.] Local Government Act 2001 [2001.] (7) Nothing in this section shall prejudice a local authority in carrying out at any time any function which a local authority or F184[chief executive] is required by or under statute or by order of a court to carry out and any direction claiming to be given under subsection (6) which contravenes this subsection is invalid. (8) Nothing in this section prejudices or derogates from the functions conferred on an elected council by this or any other enactment. (9) Nothing in this section prevents the F184[chief executive] from dealing immedi- ately with any situation which he or she considers is an emergency situation calling for immediate action and section 138(5) applies for the purposes of this subsection. F185[(10)(a) The Minister may issue policy guidelines to local authorities for the purposes of any provision of this section and such guidelines may include— (i) procedures to be followed in respect of the manner and nature of the involvement of municipal district members with the policy group; (ii) the format, content and layout of any particular class or classes of policy papers and other documents (including the preparation of preliminary documents) prepared by or presented to the policy group; (iii) procedures to ensure that sufficient time for input by the policy group into policy papers is provided prior to completion and subsequent presentation to the local authority concerned. (b) Guidelines issued under this section may relate generally to all local authorities or to a particular class or classes of local authorities and shall, in so far as the guidelines relate to them, be complied with by every local authority, chief executive, policy group and the municipal district members.] Annotations Amendments: F182 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 48(a), S.I. No. 214 of 2014. F183 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 48(b), S.I. No. 214 of 2014. F184 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 80-87, S.I. No. 214 of 2014. F185 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 48(c), S.I. No. 214 of 2014. Corporate plan. 134.—(1) In this section, except where the context otherwise requires— F186[...] “specified period” means a period not longer than 6 months from— (a) in a local election year, the date of the annual meeting, (b) in the case of a review, the date of a resolution or the date of a request under subsection (8). (2) Within the specified period and in accordance with this section, every local authority shall prepare a statement of strategy for the local authority (in this section referred to as a “corporate plan”). (3) The F187[chief executive] shall— (a) prepare the corporate plan in consultation with the policy group, 185 PT. 14 S. 134 [No. 37.] Local Government Act 2001 [2001.] (b) fix a schedule of meetings for that purpose, and (c) provide such assistance (including assistance by way of consultancy or other- wise) as may be practicable to assist in the preparation of the corporate plan and in its consideration by the policy group. (4)(a) It is the responsibility and the duty of the policy group and of the F187[chief executive] to take all such steps as are necessary to ensure that the corporate plan is submitted to the elected council for approval within the specified period. (b) Where the corporate plan is not submitted in accordance with paragraph (a)— (i) the Cathaoirleach shall convene a special meeting within 14 days of the expiration of such period, and (ii) the Cathaoirleach and the F187[chief executive] shall make a joint submission to the elected council at the special meeting outlining the steps to be taken to ensure its completion and when it is proposed to submit the corporate plan to the elected council. (5)(a) The elected council shall consider the corporate plan submitted in accordance with subsection (4) and may make such amendments as it considers appropri- ate and shall approve it with or without amendments. (b) Where the corporate plan is not approved in accordance with paragraph (a) within the period of 2 months from the date of its submission to the elected council, it shall be deemed to be approved on the expiration of that period, subject to any amendments— (i) made to it under paragraph (a) within that period, or (ii) which are otherwise necessary or consequential and which the F187[chief executive] may make within 2 weeks after the expiration of that period. (6) The corporate plan shall be prepared on the basis of an organisational wide strategic approach encompassing the various activities of the local authority concernedF188[, including activities relating to functions of municipal district members for each municipal district,] and shall include— (a) a statement of the principal activities of the local authority, (b) the objectives and priorities for each of the principal activities and strategies for achieving those objectives, (c) the manner in which the authority proposes to assess its performance in respect of each such activity, taking account of relevant service indicators and of the need to work towards best practice in service delivery and in the general operation of the local authority, (d) human resources activities (including training and development) to be under- taken for the staff of the local authority and, where appropriate for the elected council, (e) the organisational structure of the local authority, both elected council and staff, including corporate support and information technology and the improvements proposed to promote efficiency of operation and customer service and in general to support the corporate plan, F188[(ea) the policy of the local authority in relation to its functions, services and priorities for expenditure, in so far as is not otherwise set out in any other plan, statement, strategy or other document referred to in subsection (7),] (f) such other matters as may be set out in guidelines issued under subsection (10) for the purposes of this section. 186 PT. 14 S. 134 [No. 37.] Local Government Act 2001 [2001.] (7) In preparing its corporate plan a local authority shall take account of such policies and objectives in relation to any of its functional programmes as are set out in any other plan, statement, strategy or other document prepared by it under any other provision of this or of any other enactment and shall comply with sections 69, 71 and 129. (8)(a) A local authority may at any time decide by resolution to review its corporate plan and subsections (3) to (7) shall apply in relation to any such review. (b) If requested by the Minister, a local authority shall carry out a review and following such review may make any amendments or a new corporate plan and subsections (3) to (7) shall apply in relation to any such review. (9) The approval of the corporate plan, with or without amendments, is a reserved function. (10)(a) From time to time the Minister may issue guidelines in connection with the preparation of corporate plans by local authorities for the purposes of this section and local authorities shall have regard to such guidelines. (b) F189[...] (c) Any guidelines issued by the Minister in relation to the preparation of corporate plans by local authorities which are current on the date of the commencement of this provision shall be deemed to have issued in accordance with this section. (d) Any corporate plan which is in the process of being adopted by a local authority immediately before the issue of guidelines referred to in paragraph (c) shall be deemed to have been adopted with due regard to those guidelines. (11)(a) The F187[chief executive] shall prepare an annual progress report in respect of the local authority’s corporate plan and such report shall be submitted to the elected council— (i) at the same time as the authority’s draft budget, or (ii) at such other time as the elected council may by resolution decide. (b) Details of the annual progress report shall be recorded in the local authority’s annual report. Annotations Amendments: F186 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 49(a), S.I. No. 214 of 2014. F187 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 88-92, S.I. No. 214 of 2014. F188 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 49(b), (c), S.I. No. 214 of 2014. F189 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 49(d), S.I. No. 214 of 2014. F190[ Local 134A.—(1) In respect of the local financial year which follows the commencement authority service of this section and in respect of every financial year thereafter, each local authority delivery plans shall prepare in accordance with subsection (5) a plan (in this section and Part 3 of

  317. Schedule 14A referred to as a ‘service delivery plan’) identifying the servi — referred to as a ‘service delivery plan’) identifying the services intended

    Schedule 14A referred to as a ‘service delivery plan’) identifying the services intended to be provided by it to the public. 187 PT. 14 S. 134A [No. 37.] Local Government Act 2001 [2001.] (2) The service delivery plan of a local authority shall be consistent with the provi- sions in the local authority budget of the expenditure estimated to be necessary for the local authority to carry out its functions during the local financial year to which that plan relates. (3) The service delivery plan of a local authority shall take account of best practice in service delivery (including, where appropriate in relation to the delivery of services, best practice having regard to performance of functions identified pursuant to section 126C(1)(c)) and that plan shall include— (a) a statement of the principal services that will either continue to be provided or will otherwise be provided by the local authority in respect of the local financial year to which the plan relates, (b) the objectives and priorities for the delivery of each of the services to which paragraph (a) relates, and the strategies for achieving those objectives and priorities, (c) the performance standards intended to be met in the delivery of services, including reference to each appropriate performance standard prescribed by the Minister, (d) the manner in which the local authority proposes to assess its performance in respect of the delivery of services, including identification of the relevant indicators for the purposes of section 126C(1)(a) and the performance indi- cators and performance standards prescribed by the Minister under subsection (7) as are appropriate to each service in the service delivery plan, and (e) such other matters as may be provided for by the Minister under subsection (7) or (8). (4) In preparing its service delivery plan a local authority shall— (a) take account of such policies and objectives in relation to any of its functional programmes that are set out in— (i) any other plan, statement or strategy under the Local Government Acts 1925 to 2014, (ii) any service level agreements, or (iii) any other document prepared by it under this Act or any other enactment, and in so preparing its plan the local authority shall comply with sections 69 and 71, and (b) having regard to the outcome of any assessment carried out pursuant to subsection (6), indicate the actions proposed to be taken to meet any performance standard prescribed by the Minister under subsection (7) or as a result of a comparison with any relevant indicator identified by the National Oversight and Audit Commission or prescribed by the Minister under section 126C(1). (5)(a) As soon as may be following the adoption of the local authority budget, the service delivery plan shall be— (i) prepared, in consultation with the elected members, under the direction of the chief executive in such manner, and in accordance with the timescale and format as may be prescribed by regulations made by the Minister, and (ii) considered by the elected members and be adopted by resolution, with or without amendment, within such time limit and in accordance with such conditions and requirements, as may be so prescribed. 188 PT. 14 S. 134A [No. 37.] Local Government Act 2001 [2001.] (b) In making an amendment under paragraph (a)(ii), the elected members shall have regard to the local authority budget adopted in accordance with section 103(9). (c) The adoption of the service delivery plan, with or without amendments, is a reserved function. (6) A local authority shall include in its annual report an assessment of its delivery of services during the year concerned when compared with its service delivery plan for that year, including reference to those performance standards and performance indicators specified in regulations made under this section and such relevant indicators identified by the National Oversight and Audit Commission or prescribed by the Minister under section 126C(1) as are appropriate. (7)(a) The Minister may make regulations for one or more of the following matters: (i) performance standards against which the effectiveness and efficiency of the delivery of services may be measured, and performance indicators to facilitate the evaluation of the performance of the local authority; (ii) the comparison of one local authority, or class of local authorities, to another local authority or class of local authorities, as the case may be, in the delivery of services, and as appropriate, against any performance standard specified; (iii) such other matters as the Minister may consider appropriate in relation to the preparation of service delivery plans. (b) Before making regulations under this subsection, the Minister shall consult with the National Oversight and Audit Commission, and with any other Minister of the Government in respect of services provided by a local authority for which that other Minister is responsible. (c) Regulations made by the Minister under this subsection shall be without prejudice to relevant indicators specified by the National Oversight and Audit Commission or prescribed by the Minister under section 126C(1). (8)(a) The Minister may issue guidelines in respect of— (i) the content and preparation of service delivery plans, (ii) publication of service delivery plans, (iii) such other matters as the Minister may consider appropriate, and each local authority shall have regard to such guidelines. (b) Guidelines under this subsection may provide for a service delivery plan of a local authority to take account of and to reflect the principal activities of municipal district members within its administrative area and for necessary consultation for that purpose.] Annotations Amendments: F190 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 50, S.I. No. 214 of 2014. Report on capital 135.—(1) Before the start of each local financial year the F191[chief executive] shall programme. prepare and submit to the elected council a report indicating the programme of capital projects proposed by the local authority for the forthcoming and the following two local financial years having regard to the availability of resources. 189 PT. 14 S. 135 [No. 37.] Local Government Act 2001 [2001.] (2) A report prepared under subsection (1) may be considered at the local authority budget meeting or at such other meeting as the elected council may by resolution decide. (3) In considering the question of the resources likely to be available to it a local authority shall so consider— (a) on the basis of a realistic and prudent assessment of the position, and (b) on the basis of the information available to it at the time and having regard to the measures proposed by the authority to raise funding itself. Annotations Amendments: F191 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 93, S.I. No. 214 of 2014. Furnishing of F192[136.— (1) Without prejudice to section 105, 135, 137 or 138, where relevant, information to a chief executive shall, whenever requested— elected council. (a) by an elected council of a local authority for which he or she is the chief executive or by its Cathaoirleach, (b) by municipal district members of a local authority for which he or she is the chief executive or by the Cathaoirleach of a municipal district, (c) by a strategic policy committee of a local authority for which he or she is the chief executive or by its chairperson, (d) by a local community development committee of a local authority for which he or she is the chief executive or by its chairperson, or (e) by a joint body for which he or she is the chief executive, or by its chairperson, afford to the council, municipal district members, Cathaoirleach, committee, chairperson or joint body concerned (as the case may be) all information that may be in the possession or procurement of such chief executive in regard to any act, matter or thing relating to or concerning any business or transaction of such local authority, municipal district members, committee or joint body (as the case may be) which is mentioned in the request. (2) Subject to subsections (3) and (4), on or before the seventh day of each month, or such other date in each month set by resolution of the council, the chief executive shall prepare a report, to be known as the management report, in relation to the performance of his or her executive functions during the preceding calendar month, including implementation of policy or other matters required by the council in the exercise of its reserved functions, and the provision of services by the council, and shall on the set day furnish a copy of the management report to each member of the local authority. (3) The Minister may prescribe by regulations— (a) the form and content of the management report, (b) the co-ordination of the management report with such other reporting requirements in this or in any other enactment as may be so prescribed, (c) the provision for certain elements of the management report, including infor- mation provided pursuant to subsection (5), being reported on a quarterly basis or such other basis as may be specified. 190 PT. 14 S. 136 [No. 37.] Local Government Act 2001 [2001.] (4) The Minister may issue general policy guidelines for the purposes of subsections (2), (3) and (5) and local authorities shall comply with any such guidelines. (5) Without prejudice to the generality of subsections (3) and (4) and the require- ments of section 126D in respect of any report which the local authority is the subject of, the management report shall include information on the steps taken in relation to any relevant report of the National Oversight and Audit Commission. (6) In respect of management reports not considered at a meeting of the local authority, such reports shall be on the agenda of the next appropriate meeting of the local authority for consideration. (7) In this section ‘quarterly basis’ means a period of 3 consecutive months ending on 31 March, 30 June, 30 September or 31 December in any year.] Annotations Amendments: F192 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 51, S.I. No. 214 of 2014. Editorial Notes: E239 Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 94 provides for the substitution of “chief executive” for “manager ”. This amendment is obsolete as the entire section has been substituted by Local Government Reform Act 2014 (1/2014), s. 51, as per F-note above. Plans, specifica- 137.—(1) The elected council or a joint body may at any time by resolution require tions to be the F193[chief executive] for the local authority or joint body concerned to prepare prepared for elected council. and submit to the elected council or joint body, as the case may be— (a) plans and specifications for the execution of any particular work specified in the resolution which can lawfully be executed by the local authority or joint body, and (b) an estimate of the probable cost of the execution of such work. (2) Whenever the elected council or joint body passes a resolution to which subsection (1) relates, the F193[chief executive] concerned shall, as soon as conve- niently may be, prepare and submit to the elected council or joint body, plans and specifications and an estimate in accordance with the resolution. Annotations Amendments: F193 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 95-96, S.I. No. 214 of 2014. Prior information 138.—(1) The F194[chief executive] shall inform the elected council or joint body to elected coun- concerned— cil. (a) before any works (other than works of maintenance or repair) of the local authority or joint body concerned are undertaken, or (b) before committing the local authority or joint body concerned to any expendi- ture in connection with proposed works (other than works of maintenance or repair). 191 PT. 14 S. 138 [No. 37.] Local Government Act 2001 [2001.] (2) Subject to this section, an elected council or joint body may by resolution direct that, before the F194[chief executive] performs any specified executive function of the local authority or joint body, he or she shall inform the elected council or joint body, as the case may be, of the manner in which he or she proposes to perform that function, and the F194[chief executive] shall comply with the resolution. (3) A resolution under subsection (2) may relate to any particular case or occasion or to every case or occasion of the performance of the specified executive function and may define what information is to be given and how and when it is to be given and the F194[chief executive] shall comply with the resolution. (4) Nothing in this section prevents the F194[chief executive] from dealing immedi- ately with any situation which he or she considers is an emergency situation calling for immediate action without regard to subsections (1) to (3). (5) Without prejudice to the generality of subsection (4), an emergency situation for the purpose of that subsection shall be deemed to include a situation where, in the opinion of the F194[chief executive], the works concerned are urgent and necessary (having regard to personal health, public health or safety considerations) in order to provide a reasonable standard of accommodation for any person. Annotations Amendments: F194 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 97-101, S.I. No. 214 of 2014. Direction that 139.—(1) Where the elected council or joint body is informed in accordance with works not section 138 of any works (not being any works which the local authority or joint body proceed. are required by or under statute or by order of a court to undertake), the elected council or joint body, as the case may be, may by resolution, direct that those works shall not proceed. (2) The F195[chief executive] shall comply with a resolution of an elected council or joint body duly and lawfully passed under this section. Annotations Amendments: F195 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 102, S.I. No. 214 of 2014. Editorial Notes: E240 Previous affecting provision: application of section restricted by Water Services Act 2007 (30/2007), s. 36(5)(b), not commenced; repealed (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 4(1), S.I. No. 575 of 2013. Requirement that 140.—(1) In this section “local authority” includes a joint body. a particular thing be done. (2) Subject to this section, an elected council or joint body may by resolution require any particular act, matter or thing specifically mentioned in the resolution and which the local authority or the F196[chief executive] concerned can lawfully do or effect, to be done or effected in the performance of the executive functions of the local authority. 192 PT. 14 S. 140 [No. 37.] Local Government Act 2001 [2001.] (3) Notice of the intention to propose a resolution under this section shall be given in writing to the F196[chief executive] and the notice— (a) shall be signed by F197[at least 2 members], (b) shall contain the text of the proposed resolution, and (c) may require that the proposed resolution be considered at a special meeting and shall then specify a day (F197[not less than 5 days] after the day on which the notice is received by the F196[chief executive]) for the holding of the special meeting. (4) A resolution under this section shall not be considered at a meeting of the local authority which is held F197[less than 5 days] after the day on which the F196[chief executive] received the relevant notice under subsection (3). (5) Where the F196[chief executive] receives a notice under subsection (3), he or she shall, as soon as possible, send a copy of the notice to every member of the local authority and, if the notice requires a special meeting and subsection (6) does not apply, a special meeting of the local authority shall be convened for the day specified in that behalf in the notice. (6) Where a notice under subsection (3) specifies a day for the holding of a special meeting, and an ordinary meeting of the local authority is to be held on a day within the period of 14 days after the day on which the F196[chief executive] receives the notice, the resolution shall be considered at that ordinary meeting and a special meeting shall not be convened. (7) Without prejudice to any other relevant requirements, it is necessary for the passing of a resolution under this section that at least one-third of the total number of members of the local authority concerned vote in favour of the resolution. (8) A motion to pass a resolution under this section shall be considered before any other business at the meeting, other than— (a) the election of a Cathaoirleach at any meeting where that office falls to be filled in accordance with Part 5, or (b) any other business which the elected council or joint body may decide should take precedence. (9) Where a resolution is duly and lawfully passed under this section, and if and when and in so far as money for its purpose is or has been provided, the F196[chief executive] shall cause the act, matter or thing mentioned in the resolution to be implemented. (10) A resolution under this section does not apply or extend— (a) to the performance of any function of a local authority generally, F198[(aa) to the performance of any function, the doing of any act or the making of any decision under or for the purposes of the Local Government Act 2019,] (b) to every case or occasion of the performance of any such function or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which any such function is performed, (c) to every case or occasion of the performance of any such function in a partic- ular area or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which any such function is performed in that area, F199[...] F200[(d) so as to prevent the performance of any function of a local authority which the authority or the chief executive is required by law or by order of a court to perform, 193 PT. 14 S. 140 [No. 37.] Local Government Act 2001 [2001.] (e) to any act, matter or thing to be done or effected in the performance of the executive functions of a local authority in respect of its functions as a planning authority under the Planning and Development Act 2000, or (f) to a decision to provide, to any named person or group, any service, finance or other form of assistance or benefit, financial or otherwise.] and any resolution claiming to be passed under this section which contravenes this subsection is void. (11) This section is without prejudice to section 34 of the Act of 2000 insofar as the said section 34 applies to notices under subsection (3) and resolutions referred to in subsection (7). Annotations Amendments: F196 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 103-108, S.I. No. 214 of 2014. F197 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 52(a)-(c), S.I. No. 214 of 2014. F198 Inserted (31.01.2019) by Local Government Act 2019 (1/2019), s. 35(c), S.I. No. 20 of 2019. F199 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 52(d), S.I. No. 214 of 2014. F200 Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 52(d), S.I. No. 214 of 2014. Editorial Notes: E241 Local Government Reform Act 2014 (1/2014), s. 36(4) provides for the amendment of subs. (10) in the manner set out in sch. 1 of that Act, but no amendment is listed in the schedule. E242 Previous affecting provision: application of section restricted by Water Services Act 2007 (30/2007), s. 36(5)(b), (16), not commenced; repealed (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 4(1), S.I. No. 575 of 2013. Duty of members 141.—(1) Where one or more than one member of a local authority is elected, appointed to appointed or nominated by that authority to another body, whether established by other bodies. or under statute or otherwise, it is the duty of that member or members to represent the local authority and to present a report to it on the activities and operation of that body— (a) annually, or (b) at any other time, if so requested by resolution or by the Cathaoirleach. F201[(1A) A member of a local authority who is elected, appointed or nominated by that authority to another body in accordance with subsection (1), shall, within 15 working days of the end of each 3 monthly period to 31 March, 30 June, 30 September and 31 December in each year notify the local authority concerned of all attendances by the member at meetings of the body concerned and any payments made by or on behalf of that body (including details of distances travelled where payments are in respect of the use of a private vehicle) to the member during the period. (1B) Subsection (1A) shall also apply to a former member of a local authority or to a period after the holding of local elections in respect of any payments while a member of the authority but received after he or she ceases to be a member of the authority or after the holding of local elections.] 194 PT. 14 S. 141 [No. 37.] Local Government Act 2001 [2001.] (2) Every report to which subsection (1) relates shall be presented by the member or members concerned to a meeting of the local authority. (3) Nothing in this section requires the disclosure of information to the authority which is confidential or which could not otherwise be disclosed. (4) This section also applies to any person who holds membership of a body, by virtue of being Cathaoirleach or any other member of a local authority. Annotations Amendments: F201 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(1), S.I. No. 214 of 2014. Members’ 142.—(1) The Minister may by regulations, made with the consent of the Minister expenses, remu- for Finance, provide for the payment by a local authority of allowances for expenses neration, etc. incurred by its members in connection with— F202[(a) attendance at meetings of— (i) the local authority, (ii) municipal district members of that authority, (iii) a committee of that authority, or (iv) a joint committee or joint body involving that authority; (b) attendance at conferences, seminars, training or other events to which subsection (5) or (5A) applies;] (c) the post of chair of a strategic policy committee; (d) any other specified matter. (2) Regulations under this section may also provide for— (a) the payment of remuneration to members or to Cathaoirligh of specified classes of local authorities, or (b) subject to subsection (4)(i), the making of superannuation arrangements in respect of members of specified classes of local authorities. (3) Any payments referred to in subsection (1) or (2) are subject to and shall be made in accordance with regulations made under this section. (4) Regulations under this section may provide for— (a) an annual amount in respect of remuneration in such cases as may be specified; (b) a composite annual allowance in respect of attendances at meeting referred to in subsection (1)(a) and at such events or other matters as may be speci- fied; (c) arrangements to apply as regards the authorisation under subsection (5) by the local authority of attendances to which that subsection applies; (d) conditions, restrictions or other requirements to apply in relation to allowances, remuneration or superannuation and the making of payments (including the abatement or reduction in whole or in part of allowances or remuneration in specified circumstances or for specified persons in receipt of allowances 195 PT. 14 S. 142 [No. 37.] Local Government Act 2001 [2001.] or remuneration provided by a public authority or otherwise from public funds); (e) the furnishing of specified information to a local authority for the purposes of this section; (f) the payment of allowances to persons who are not members of a local authority; (g) a public register of attendances and payments to which this section and section 143 relate; F203[(ga) a public register of all attendances and payments to which section 141 relates;] (h) deductions from payments referred to in subsection (1) or (2) for such matters as may be specified; (i) the approval of the Minister, given with the consent of the Minister for Finance, to such arrangements for superannuation purposes as may be specified; (j) the giving of directions from time to time in relation to any matter the subject of such regulations; (k) any other matters which appear to the Minister to be necessary or expedient for the purposes of this section. (5)(a) This subsection applies to a conference, seminar F204[...] or other meeting or event held, whether within or outside the State, for the purpose of discussing, obtaining or imparting information regarding or connected with any matter that is of concern to the local authority in relation to the perfor- mance of its functions and is relevant to its administrative area and to the local community. (b) An elected council may authorise one or more of its members to represent the authority at a meeting or event to which this subsection applies and such authorisation may, subject to regulations under this section, be given in an individual case or as regards such attendances generally during a particular year. (c) A local authority may provide in its budget an amount to meet expenditure for the purposes of this subsection. (d) An elected council shall not authorise under this subsection unless, having had regard to the following matters, it is satisfied that the authorisation is justified by reference to— (i) the benefits likely to accrue, (ii) the general interests of its administrative area and the local community, and (iii) the total cost involved. (e) An authorisation under this subsection is a reserved function and such authorisations shall not exceed the amount provided for in accordance with paragraph (c). F205[(f) Where a member of an elected council attends a conference, seminar or other meeting or event held by virtue of an authorisation under this section, he or she shall, within 15 working days of such attendance, submit to the Cathaoirleach a written report, which shall indicate the nature of the meeting and contain a summary of the proceedings, and the Cathaoirleach shall submit the report to the next ordinary meeting of the local authority. 196 PT. 14 S. 142 [No. 37.] Local Government Act 2001 [2001.] (fa) A report prepared for the purposes of paragraph (f) shall be made available free of charge by the local authority to any member of the public who so requests and for that purpose may be made available by that authority on its internet website. (g) Without prejudice to paragraphs (a) to (fa), the Minister may issue general guidelines for the purposes of this subsection, including guidelines as to expenditure in relation to attendance at conferences, seminars or other meetings or events.] F206[(5A)(a) This subsection applies to training regarding or connected with any matter that is of concern to the local authority in relation to the performance of its functions and is relevant to its administrative area and to the local community. (b) An elected council may authorise one or more of its members to avail of training or attend training events to which this subsection applies and such authorisation may, subject to regulations under this section, be given in an individual case or as regards such attendances generally during a particular year. (c) A local authority may provide in its budget an amount to meet expenditure for the purposes of this subsection. (d) An elected council shall not authorise under this subsection unless, having had regard to the following matters, it is satisfied that the authorisation is justified having particular regard to any training referred to in guidelines issued in accordance with paragraph (f)and having regard to— (i) the benefits likely to accrue, (ii) the general interests of its administrative area and the local community, and (iii) the total cost involved. (e) An authorisation under this subsection is a reserved function and such authorisations shall not exceed the amount provided for in accordance with paragraph (c). (f) Without prejudice to paragraphs (a) to (e), the Minister may issue general guidelines for the purposes of this subsection, including guidelines as to the syllabus of a training programme, the development of a training programme, the nomination of training by specified bodies, either generally or in respect of specified courses, as suitable for inclusion in a training programme and expenditure in relation to attendance at specified training events. (g) The Minister may make regulations— (i) requiring attendance within a specified period by members of local authorities, or any class of such members, at training or development courses (otherwise than at his or her own expense) of a type necessary or appropriate for the members to attend so as to enable each such member to discharge his or her duties as a member of the local authority, joint board, committee of a local authority or member of another body to which section 141(1) relates, as the case may be, (ii) providing for a reduction in remuneration or any allowances for expenses (including the amount of such reduction expressed as a percentage of specified remuneration or allowances for expenses, as the case may be) which would otherwise be payable to a member of a local authority by virtue of regulations under this section where such member fails to attend training or development courses which he or she is required to attend under regulations to which subparagraph (i) relates, and 197 PT. 14 S. 142 [No. 37.] Local Government Act 2001 [2001.] (iii) providing for exceptional or compassionate grounds (either generally or by reference to specified types of circumstances) where a reduction to which subparagraph (ii) relates would not apply.] F207[(6) A local authority shall comply with any guidelines issued under subsections (5) (g) and (5A)(f).] (7) A local authority of a class specified for the purposes of subsection (2) may, in relation to its members or a class or classes of its members and subject to regulations under this section, make provision in relation to the superannuation of its members or in relation to the superannuation of a class or classes of its members. (8) Regulations made under section 51 of the Local Government Act, 1991, and in force at the commencement of this provision shall continue in force and have effect as if made under this section and may be amended or revoked accordingly. Annotations Amendments: F202 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(a), S.I. No. 214 of 2014. F203 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(b), S.I. No. 214 of 2014. F204 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(c), S.I. No. 214 of 2014. F205 Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(c), S.I. No. 214 of 2014. F206 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(d), S.I. No. 214 of 2014. F207 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(e), S.I. No. 214 of 2014. Editorial Notes: E243 Power pursuant to section exercised (10.11.2017) by Local Government (Expenses of Local Authority Members) (Amendment) Regulations 2017 (S.I. No. 494 of 2017). E244 Power pursuant to section exercised (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), in effect as per reg. 3. E245 Power pursuant to section exercised (1.06.2014) by Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014), in effect as per reg. 3. E246 Power pursuant to section exercised (6.06.2002) by Local Authority Members (Gratuity) Regulations 2002 (S.I. No. 281 of 2002), as amended (23.07.2002) by Local Authority Members (Gratuity) (Amendment) Regulations 2002 (S.I. No. 378 of 2002), and as amended (11.07.2003) by Local Authority Members (Gratuity) (Amendment) Regulations 2003 (S.I. No. 302 of 2003), and as amended (19.12.2006) by Local Authority Members (Gratuity) (Amendment) Regulations 2006 (S.I. No. 674 of 2006). E247 Power pursuant to section exercised (1.01.2002) by Local Government (Representational Payment For Members) Regulations 2001 (S.I. No. 552 of 2001) as amended (6.06.2002) by Local Authority Members (Gratuity) Regulations 2002 (S.I. No. 281 of 2002), reg. 10, and as amended (1.06.2014) by Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014), in effect as per reg. 3. 198 PT. 14 S. 142 [No. 37.] Local Government Act 2001 [2001.] E248 Previous affecting provision: power pursuant to section exercised (5.02.2010) by Local Government Act 2001 (Section 142) Regulations 2010 (S.I. No. 37 of 2010); revoked (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), reg. 18, in effect as per reg. 3. E249 Previous affecting provision: power pursuant to section exercised (1.01.2007) by Local Government (Expenses of Local Authority Members) Regulations 2006 (S.I. No. 668 of 2006); revoked (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), reg. 18, in effect as per reg. 3. Allowance for 143.—(1) (a) A local authority may pay an allowance for reasonable expenses to its Cathaoirleach and Cathaoirleach. Leas-Chathaoir- leach. (b) A local authority may pay an allowance for reasonable expenses to its Leas-Chathaoirleach. (2) A decision to pay an allowance under subsection (1) and the determination of the amount of the allowance is a reserved function. (3) (a) After consultation with the Minister for Finance, the Minister may issue directions to local authorities or specified classes of local authorities for the purposes of this section. (b) Without prejudice to paragraph (a), directions may specify— (i) particular considerations to which the local authority shall have regard, and (ii) the maximum amounts of the allowances payable under this section, including different amounts for different classes of local authorities. Annotations Modifications (not altering text): C32 Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 12, in effect as per reg. 3. Payment of an allowance for reasonable expenses of a Cathaoirleach. 12. The provisions of section 143 of the Act shall apply to the payment of an allowance for the reasonable expenses of a Cathaoirleach of municipal district members with the following modifi- cations:— (a) as if, in subsection (1), the references to “a local authority” were a reference to “municipal district members” and the references to “its” were references to “their”, (b) the reserved function specified in subsection (2) is a reserved function of the municipal district members concerned, and (c) as if, in subsection (3), the references to “local authorities” and to “local authority” were references to “municipal district members”. Editorial Notes: E250 Power pursuant to section exercised (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), in effect as per reg. 3. F208[ C HAPTER 2 199 PT. 14 S. 144 [No. 37.] Local Government Act 2001 [2001.] Position of Chief Executive Position of chief 144.— (1) For every county, city and city and county there shall be a chief executive executive to be known as ‘the Chief Executive of.......’ (followed by the name of the city council, county council or city and county council, as the case may be) who shall hold employment under the council concerned. (2) Subject to section 16 of the Local Government Reform Act 2014, a person who was, immediately before the 2014 establishment day, a county manager or city manager shall, unless he or she was retiring or resigning with effect from the end of that day, continue in office and shall be referred to in accordance with subsection (1). (3)(a) A reference in any enactment, however expressed, to a county manager or city manager shall, with effect to the 2014 establishment day, be read (other than in respect of a provision that was spent before that day or is in the nature of a transitional matter provided for by the Local Government Reform Act 2014) as a corresponding reference to a chief executive and, where the context permits or requires, includes a reference to the chief executive of a city and county council. (b) Paragraph (a) does not apply to— (i) the title of any Act, (ii) the citation of an instrument made under any Act, or (iii) the name of any organisation or body referred to in any enactment. (4) Any function which immediately before the date of the commencement of section 54 of the Local Government Reform Act 2014 was, by virtue of any enactment a function of a city manager or a county manager shall, on and from that date, continue to vest in and be a function of the chief executive of the local authority concerned. (5) The chief executive of a local authority shall by virtue of his or her position be the chief executive for every joint body whose functional area is wholly situated within such county. (6) Where the functional area of a joint body extends into— (a) two or more counties, or (b) a city or a city and county and one or more counties, then the chief executive of such county, city or city and county as the Minister shall by order appoint shall also be the chief executive for such joint body. (7) The Minister may prescribe by regulations any body to be a joint body and any body so prescribed shall be a joint body for the purposes of this section. (8) The position of chief executive is, subject to section 145, an office to which the Local Authorities (Officers and Employees) Act 1926, applies.] Annotations Amendments: F208 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 54(1), S.I. No. 214 of 2014. 200 PT. 14 S. 144 [No. 37.] Local Government Act 2001 [2001.] Modifications (not altering text): C33 Certain offices created under section abolished (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 16(5), S.I. No. 214 of 2014. Provisions relating to management of amalgamated local government areas 16. ... (5) On the 2014 establishment day each of the following shall be abolished and cease to exist: (a) the office of manager for Limerick County and Limerick City and the office of manager for North Tipperary County and South Tipperary County created by paragraphs (a) and (b), respectively, of section 144(1A) (inserted by the Local Government (Miscellaneous Provisions) Act 2012) of the Principal Act, and (b) the office of manager for Waterford County and Waterford City created by section 144(1A)(c) (inserted by the Electoral, Local Government and Planning and Development Act 2013) of the Principal Act. Editorial Notes: E251 Existing managers of Limerick County and City, North and South Tipperary and Waterford County and City continued as chief executives under Part 14 Chapter 2 (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 16(2)-(4), S.I. No. 214 of 2014. E252 Previous affecting provision: subs. (1A)(c) inserted (2.01.2014) by Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 29, S.I. No. 584 of 2013; section substituted as per F-note above. E253 Previous affecting provision: power pursuant to subs. (1B) exercised (2.01.2014) by Local Government Act 2001 (Specified Council) (Waterford) Order 2013 (S.I. No. 582 of 2013), in effect as per art. 2; ceased on deletion of its enabling provision as per F-note above, subject to continuation as necessary by Local Government Law Reform Act 2014 (1/2014), s. 2(1), commenced (30.01.2014) by S.I. No. 38 of 2014. E254 Previous affecting provision: subss. (1A)(b) inserted (16.11.2013) by Local Government (Miscella- neous Provisions) Act 2012 (17/2012), s. 16(b), S.I. No. 431 of 2013; section substituted as per F- note above. E255 Previous affecting provision: power pursuant to subs. (1B) exercised (16.11.2013) by Local Government Act 2001 (Specified Council) (Tipperary) Order 2013 (S.I. No. 430 of 2013); ceased on deletion of its enabling provision as per F-note above, subject to continuation as necessary by Local Government Law Reform Act 2014 (1/2014), s. 2(1), commenced (30.01.2014) by S.I. No. 38 of 2014. E256 Previous affecting provision: subs. (1) substituted (15.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 16(a), S.I. No. 292 of 2012; section substituted as per F-note above. E257 Previous affecting provision: subss. (1A)(a) and (1B) inserted (15.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 16(b), S.I. No. 292 of 2012; section substituted as per F-note above. E258 Previous affecting provision: power pursuant to subs. (1B) exercised (15.08.2012) by Local Government Act 2001 (Specified Council) (Limerick) Order 2012 (S.I. No. 271 of 2012); ceased on deletion of its enabling provision as per F-note above, subject to continuation as necessary by Local Government Law Reform Act 2014 (1/2014), s. 2(1), commenced (30.01.2014) by S.I. No. 38 of 2014. F209[ Appoint- 145.— (1) The following are reserved functions— ment of chief executive. (a) the appointment by a county council, city council or a city and county council of a chief executive under section 6 of the Local Authorities (Officers and Employees) Act 1926 (in this section referred to as the ‘Act of 1926’) by virtue 201 PT. 14 S. 145 [No. 37.] Local Government Act 2001 [2001.] of a recommendation of the Chief Executive of the Public Appointments Service, and (b) the suspension or removal from employment of a chief executive in accordance with section 146. (2) For the purposes of section 6 of the Act of 1926 a request shall be deemed to have been submitted in respect of the employment of a chief executive— (a) in the case of a chief executive to whom section 147 applies— (i) 6 months in advance of the expiration of the tenure period referred to in section 147(1), or (ii) on the date that chief executive ceases to hold employment, whichever is the earlier, and (b) in any other case— (i) 6 months in advance of the date that chief executive would attain the age- limit for his or her employment, or (ii) on the date that chief executive ceases to hold employment, whichever is the earlier. (3) Where, as respects a county council, city council or city and county council, including a county council or city council in a group of authorities, a recommendation is made under section 6 of the Act of 1926 of a person for appointment as the chief executive, such council shall— (a) within 3 months of the date of the recommendation meet and decide to appoint or not appoint as chief executive the person so recommended, and (b) in the event of deciding not to approve the appointment, furnish to the recommended person the reasons for such decision. (4)(a) The Minister may make regulations relating to the procedures to be followed by every local authority (including a county council or city council in a group of authorities)— (i) when considering a recommendation made to it to which subsection (1)(a) relates, and (ii) for the purposes of subsection (3), and each such local authority shall comply with those regulations. (b) Without prejudice to the generality of paragraph (a), regulations under this subsection may provide for arrangements to be put in place and used in respect of the consideration of a recommendation made under section 6 of the Act of 1926, and for that purpose such arrangements may include— (i) provisions for the purpose of a local authority seeking information from the recommended person in respect of his or her proposed appointment, the time periods within which— (I) such information may be so sought, and (II) further information may be so sought, and the manner of the provision of such information to the local authority, (ii) the manner of dealing with information, whether from the recommended person or otherwise, associated with such a recommendation, 202 PT. 14 S. 145 [No. 37.] Local Government Act 2001 [2001.] (iii) the criteria to apply in respect of the consideration of such a recommen- dation, (iv) the records to be maintained by a local authority in relation to the consideration of such a recommendation, (v) the conducting otherwise than in public of any meeting, or part of a meeting, that considers or otherwise relates to such a recommendation, and (vi) the keeping in a confidential manner of information obtained, whether from the recommended person or otherwise, and records maintained that relate to such a recommendation. (c) In making regulations under paragraph (a), the Minister may have regard to and take account of any code of practice issued by the Commission for Public Service Appointments under section 23 of the Public Service Management (Recruitment and Appointments) Act 2004 in existence at the time of the making of the regulations that would relate (in whole or in part) to the selection process that precedes a recommendation to which subsection (1)(a) applies. (5) Where, as respects a county council, city council or city and county council, including a county council or city council in a group of authorities, such council has decided to not appoint as chief executive the person recommended to which subsection (1)(a) relates, then, for the purposes of section 6 (other than subsection (4)) of the Act of 1926, and notwithstanding the said subsection (4) or any other provision of this Act or any other enactment, a further request shall be deemed to have been submitted in respect of the employment of a chief executive. (6) Where a position of chief executive becomes vacant the Minister shall appoint a person to be the chief executive temporarily until a permanent appointment to the position is made but such temporary appointment may be terminated by the Minister at any time. (7) Section 5 of the Act of 1926 does not apply to the position of chief executive.] Annotations Amendments: F209 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 54(1), S.I. No. 214 of 2014. Editorial Notes: E259 Power pursuant to section exercised (18.12.2014) by Local Government (Appointment of Chief Executive) Regulations 2014 (S.I. No. 589 of 2014). E260 Previous affecting provision: power pursuant to subs. (3A) exercised (2.01.2014) by Local Govern- ment Act 2001 (Appointment of Manager) (Waterford) Order 2013 (S.I. No. 583 of 2013); ceased on deletion of its enabling provision as per F-note above, subject to continuation as necessary by Local Government Law Reform Act 2014 (1/2014), s. 2(1), commenced (30.01.2014) by S.I. No. 38 of 2014. E261 Previous affecting provision: power pursuant to subs. (3A) exercised (14.11.2013) by Local Government Act 2001 (Appointment of Manager) (Tipperary) Order 2013 (S.I. No. 429 of 2013); ceased on deletion of its enabling provision as per F-note above, subject to continuation as necessary by Local Government Law Reform Act 2014 (1/2014), s. 2(1), commenced (30.01.2014) by S.I. No. 38 of 2014. 203 PT. 14 S. 145 [No. 37.] Local Government Act 2001 [2001.] E262 Previous affecting provision: subs. (1) amended (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 61(1) and sch. 2 part 1, commenced on enactment; section substituted as per F-note above. E263 Previous affecting provision: subs. (3) amended (15.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 17(a), S.I. No. 292 of 2012; section substituted as per F-note above. E264 Previous affecting provision: subs. (3A) inserted (15.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 17(b), S.I. No. 292 of 2012; section substituted as per F-note above. F210[ Suspension 146.— (1)(a) Subject to this section, the elected council of a local authority may by and removal of resolution suspend or remove from employment the chief executive for such chief executive local authority for stated misbehaviour or if his or her suspension or removal appears to them to be necessary for the effective performance by the local authority of its functions. (b) A copy of any resolution passed under this section shall be sent without delay to the Minister. (2) Notice of the intention to propose a resolution under this section shall— (a) be signed by at least one-third of the total number of members of the local authority concerned, (b) contain a statement of the reasons for the proposed suspension or removal, (c) in the case of a suspension, specify a period not exceeding 2 months for the proposed suspension, (d) specify a day for the holding of a special meeting to consider the proposed suspension or removal being a day which is not less than 21 days after the day on which the notice is delivered under paragraph (e), (e) be delivered to the meetings administrator, and (f) be delivered or sent to the chief executive concerned. (3) The meetings administrator shall on receipt of a notice and without delay send a copy of it to every member of the local authority and convene a special meeting for the date so specified to consider the proposed suspension or removal. (4) The chief executive may prepare a statement of response in relation to the proposed suspension or removal and such statement shall be sent to each member of the local authority concerned. (5) It is necessary for the passing of a resolution under this section that— (a) at least three-quarters of the total number of members of the local authority concerned vote in favour of the resolution, and (b) the members of the council concerned shall have considered any statement prepared by the chief executive under subsection (4). (6) A person who is suspended under this section may subsequently be removed from office in accordance with this section. (7)(a) A chief executive shall not be removed under this section without the sanction of the Minister given under this subsection. (b) The Minister may appoint a panel of 3 persons— 204 PT. 14 S. 146 [No. 37.] Local Government Act 2001 [2001.] (i) to consider the removal of a chief executive the subject of a resolution under this section and the chief executive’s statement of response, (ii) to recommend whether the Minister should give sanction to such removal, and (iii) to make such other recommendations (if any) as the panel may consider appropriate in all the circumstances. (c) A panel shall be independent in the performance of its functions. (d) A panel shall include a chairperson and 2 other persons having knowledge of or experience in local government, human resources or management. (e) A sanction shall not be given under this subsection except by virtue of a recommendation under paragraph (b). (8) The Minister may by regulations prescribe any matter of procedure for the purposes of this section.] Annotations Amendments: F210 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 54(1), S.I. No. 214 of 2014. F211[ Tenure of 147.—(1) Notwithstanding any other enactment, a person appointed to a position chief executive of chief executive holds the employment unless he or she earlier dies, resigns or is removed, during whichever of the following tenure periods is the shorter— (a) a period of such length as the Minister specifies by order, (b) the period from the date of the appointment to the date on which he or she attains F212[the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age], and on the expiration of that period he or she ceases to hold the employment F213[but, where the person is a new entrant (within the meaning of the aforemen- tioned Act) appointed on or after 1 April 2004, the requirement to cease to hold the employment on grounds of age shall not apply]. (2) Notwithstanding any enactment (including subsection (1)) or instrument made under such enactment, the tenure period of a chief executive referred to in subsection (1)(a) shall, subject to and in accordance with this section and with regulations made by the Minister for the purposes of this subsection, be extended where notification (in this section referred to as the ‘prescribed notification’)— (a) is given by the chief executive to the Cathaoirleach of the local authority concerned, and (b) is in the form prescribed by regulations made under this section, but in no case shall the tenure period as so extended exceed 10 years. (3) On receipt of a prescribed notification the Cathaoirleach of the local authority concerned shall— (a) inform the members of the local authority of it at the next meeting of that local authority, and 205 PT. 14 S. 147 [No. 37.] Local Government Act 2001 [2001.] (b) transmit a copy of it to the Minister and to the chief executive of the Public Appointments Service. (4) The Minister may make regulations for the purposes of subsection (2) and such regulations may provide for: (a) the form of the prescribed notification; (b) the period (in this section referred to as the ‘notification period’) within which a prescribed notification shall be given; (c) subject to subsection (2), the period by which the tenure period shall be extended; (d) the position of chief executive to which subsection (5) does not apply; (e) the application of different periods for the purposes of paragraphs (b) and (c) to specified classes of chief executive. (5) Subject to regulations made under subsection (4)(d) — (a) a chief executive whose tenure period is extended under subsection (2) shall not apply for appointment to any position of chief executive during the period commencing on the date the chief executive gives a prescribed notifi- cation and ending on a date which is 6 months prior to the expiration of the extended tenure period (in this subsection referred to as the ‘exclusion period’), and (b) notwithstanding section 6 of the Local Authorities (Officers Employees) Act 1926, a chief executive who has given a prescribed notification shall not be considered by the Public Appointments Service for selection for any position of chief executive during the exclusion period. (6)(a) A notification period referred to in subsection (4) (b) shall be wholly within the tenure period. (b) A prescribed notification for the purposes of this section which is given outside of the notification period is invalid. (7) Where the tenure period of a chief executive stands extended in accordance with this section, such extended tenure period shall be the tenure period for the purposes of subsection (2) of section 145 and that section shall apply accordingly. (8) The Local Government (Tenure of Office) Order 2000 (S.I. No. 221 of 2000) and the Local Government (Tenure of Office of Managers) Regulations 2000 (S.I. No. 219 of 2000) shall be deemed to have been made under subsections (1) and (4), respec- tively, and shall continue to have effect and may be amended or revoked accordingly. (9) Nothing in this section operates to interfere with or alter the tenure of a chief executive— (a) whose tenure is governed by an order under section 47 of the Local Government Act 1991 (in this subsection referred to as the ‘Act of 1991’), or (b) whose tenure is governed by such an order and section 47A (inserted by section 1 of the Local Government Act 2000) of the Act of 1991, notwithstanding the repeal by this Act of the Act of 1991 and of the Local Govern- ment Act 2000.] 206 PT. 14 S. 147 [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F211 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 54(1), S.I. No. 214 of 2014. F212 Substituted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3A and sch. 2 part 3 as inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), ss. 3, 7 and sch., commenced on enactment. F213 Inserted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3A and sch. 2 part 3 as inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), ss. 3, 7 and sch., commenced on enactment. Modifications (not altering text): C34 Application of subs. (5) restricted (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 3(4). (4) Section 147(5) of the Act shall not apply to the following positions: (a) the position of Dublin City Manager, (b) the position of Cork County Manager, (c) the position of Cork City Manager, (d) the position of Dún Laoghaire - Rathdown County Manager, (e) the position of Fingal County Manager, (f) the position of South Dublin County Manager, (g) the position of Meath County Manager, (h) the position of Kildare County Manager, (i) the position of Limerick City Manager, (j) the position of Limerick County Manager, (k) the position of Clare County Manager, (l) the position of Donegal County Manager, (m) the position of Galway County Manager, (n) the position of Kerry County Manager, (o) the position of Kilkenny County Manager, (p) the position of Louth County Manager, (q) the position of Mayo County Manager, (r) the position of North Tipperary County Manager, (s) the position of South Tipperary County Manager, (t) the position of Waterford County Manager, (u) the position of Waterford City Manager, (v) the position of Westmeath County Manager, (w) the position of Wexford County Manager, and (x) the position of Wicklow County Manager. Editorial Notes: E265 Power pursuant to section exercised (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013). 207 PT. 14 S. 147 [No. 37.] Local Government Act 2001 [2001.] E266 Previous affecting provision: power pursuant to section exercised (23.10.2012) by Local Government (Tenure of Office of Managers) (Amendment No. 2) Regulations 2012 (S.I. No. 406 of 2012); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(c). E267 Previous affecting provision: power pursuant to section exercised (15.05.2012) by Local Government (Tenure of Office of Managers) (Amendment) Regulations 2012 (S.I. No. 157 of 2012); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(b). E268 Previous affecting provision: power pursuant to section exercised (13.02.2012) by Local Government (Tenure of Office of Managers) Regulations 2012 (S.I. No. 50 of 2012); tenure period of then current Limerick City Manager ceased 28.03.2012. E269 Previous affecting provision: power pursuant to section exercised and application of subs. (5) restricted (11.11.2011) by Local Government (Tenure of Office of Managers) Regulations 2011 (S.I. No. 573 of 2011); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(a). E270 Previous affecting provision: subss. (3) and (5) amended (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 61(1) and sch. 2 part 1, commenced on enactment; section substituted as per F-note above. E271 Previous affecting provision: power pursuant to section exercised and application of subs. (5) restricted (12.02.2003) by Local Government (Tenure of Office of Managers) Regulations 2003 (S.I. No. 47 of 2003); revoked (11.11.2011) by by Local Government (Tenure of Office of Managers) Regulations 2011 (S.I. No. 573 of 2011), reg. 4. F214[ Deputy 148.—(1)(a) A chief executive, following consultation with the Cathaoirleach of the chief executive local authority concerned may by order appoint an employee of that authority to be a deputy chief executive for the purposes of subsection (2) and may at any time terminate such appointment. (b) An order under paragraph (a) may provide that where an appointee specified in the order is not available such other employee as may be so specified shall stand appointed as deputy chief executive for so long as the first-mentioned appointee is unavailable. (c) An appointment under this subsection may be made by reference to a particular individual or to the holder for the time being of a particular employment. (2) A deputy chief executive shall by virtue of this section act as and be the chief executive for the duration of any period which may arise from time to time (whether by way of vacation, illness or other reason) during which the chief executive is temporarily unable to act. (3)(a) Where a chief executive has for any reason become temporarily unable to act and— (i) has not made an appointment under subsection (1), (ii) there is no subsisting appointment, or (iii) the appointee is incapacitated or otherwise unable to act, the Cathaoirleach of the local authority concerned may appoint an employee of the local authority to be deputy chief executive for the remainder of the duration of the inability of the chief executive to act and may at any time terminate such appointment. (b) Notification of an appointment under subsection (1) or (3) shall be sent to the Minister and every member of every local authority concerned as soon as may be after the appointment is made. 208 PT. 14 S. 148 [No. 37.] Local Government Act 2001 [2001.] (4)(a) The Minister may appoint an employee of a local authority to be deputy chief executive if a chief executive is for any reason temporarily unable to act and an appointment under subsection (1)or (3) is not for the time being in force. (b) The Minister may at any time terminate an appointment to which paragraph (a) applies. (5) A deputy chief executive shall act as and be the chief executive during the continuance of the inability of the chief executive to act or until— (a) the appointment is sooner terminated under subsection (1), (3) or (4), or (b) on account of the death, retirement, resignation or inability otherwise to act, of the deputy chief executive. (6) A reference in any enactment including this Act to a chief executive shall be read as including a deputy chief executive acting as chief executive in accordance with this section.] Annotations Amendments: F214 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 54(1), S.I. No. 214 of 2014. Editorial Notes: E272 Previous affecting provision: subs. (1)(a) substituted, subs. (3)(a) amended and subs. (3A) inserted (15.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 18, S.I. No. 292 of 2012; section substituted as per F-note above. F215[ Executive 149.—(1) In this section— functions ‘elected council’ includes the members of a joint body; ‘local authority’ includes a joint body. (2) In respect of each local authority for which he or she is chief executive, a chief executive is responsible for— (a) the efficient and effective operation of each such local authority, and (b) for ensuring under section 132 the implementation without undue delay of the decisions of the elected council. (3) For the purposes of discharging the responsibilities set out under subsection (2), the chief executive shall— (a) exercise and perform in respect of each local authority for which he or she is the chief executive, the executive functions of such local authority (including all functions in relation to the employees of each such local authority), and (b) for that purpose carry on and manage and control generally the administration and business of the authority. (4) Every function of a local authority which is not a reserved function is, for the purposes of this Act, an executive function of such local authority. (5) All such matters and things, including the making of contracts and the affixing of the official seal, as are necessary for or incidental to the exercise or performance of the executive functions of a local authority shall, subject to this Act or any regula- tions made under it, be done by the chief executive for such local authority. 209 PT. 14 S. 149 [No. 37.] Local Government Act 2001 [2001.] (6) Subject to law, the functions of a chief executive shall be performed in accordance with the policy of the local authority as determined by the elected council in accor- dance with Chapter 1 of this Part. (7) The chief executive, in performing his or her functions in accordance with subsection (6), shall have regard to the views of the elected members of the council, expressed in any of the following ways: (a) at a meeting of the council; (b) at a meeting of the municipal district members; (c) at a meeting of any committee of the council; (d) in responses in writing to any request for input to the development by the local authority of a new policy or an amendment of an existing policy. (8) The chief executive shall, when requested by the elected council— (a) report on the actions already taken and planned to be taken in exercise of his or her executive functions, (b) review the implementation of, and any actions planned to implement, any executive function and report to the council in the matter.] Annotations Amendments: F215 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 54(1), S.I. No. 214 of 2014. F216[ Executive 149A.—(1) In respect of executive functions of a local authority, where 2 or more functions and local authorities agree, or had agreed before the commencement of this section, that, shared services in the interests of efficiency and effectiveness, a specified executive function should be performed by one of them (in this subsection referred to as the ‘nominated local authority’) on behalf of the other local authority or local authorities (as the case may be), then the nominated local authority may perform, and be deemed always to have had the power to perform, the function on behalf of the other local authority or local authorities (as the case may be). (2) Nothing in this section shall be read as affecting section 34(1)(aa) (inserted by the Waste Management (Amendment) Act 2001) of the Waste Management Act 1996.] Annotations Amendments: F216 Inserted (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 54(1), commenced as per s. 1(22). C HAPTER 3 Procedural Matters Definitions. 150.—In this Chapter— “elected council” includes the members of a joint body; 210 PT. 14 S. 150 [No. 37.] Local Government Act 2001 [2001.] “local authority” includes a joint body. Manager acting 151.—(1) The F217[chief executive] shall in carrying out the executive functions for by signed order. each local authority for which he or she is F217[chief executive] act by a written order signed and dated by him or her in respect of the functions to which this section applies. (2) This section applies to every executive function which— (a) is required by this or any other enactment to be done by order of a F217[chief executive], (b) is mentioned in Schedule 15, (c) is designated by order made by the Minister under subsection (9), or (d) is considered by the F217[chief executive] to be of sufficient importance to be done by order. (3) Every F217[chief executive] shall keep, in respect of each local authority for which he or she is F217[chief executive], a register in which is entered a copy of every order made by him or her in accordance with this section for such local authority. (4) At every meeting of a local authority, there shall be available for inspection by the elected council so much of the register referred to in subsection (3) as contains any orders made by the F217[chief executive] since the last previous meeting of the local authority. (5) Any member of a local authority is entitled on request to be furnished by the F217[chief executive] for the local authority with a copy of a particular order made by the F217[chief executive]. (6) Every document claiming to be an order made and signed by a F217[chief exec- utive] shall— (a) be received in evidence without proof of the signature of the person claiming to sign such document or that such person was such F217[chief executive], and (b) until the contrary is proved, be deemed to be an order duly made and signed by such F217[chief executive] in accordance with this section and to have been so signed on the date stated in that document. F218[(7) Every document claiming to be certified in writing— (a) by a chief executive to be a true copy of an order made by a chief executive in accordance with this section, or (b) by a delegated employee in accordance with section 154 to be a true copy of an order made by a delegated employee in accordance with that section, shall— (i) be received in evidence without proof of the signature of the person claiming so to certify or that such person was such chief executive or such delegated employee, as the case may be, and (ii) until the contrary is proved, be deemed to be evidence of the contents of the order of which it claims to be a copy and of the fact that such order was duly made and signed by such chief executive in accordance with this section or by such delegated employee in accordance with section 154, as the case may be, on the date stated in the certified copy.] 211 PT. 14 S. 151 [No. 37.] Local Government Act 2001 [2001.] (8) The failure or omission to act by signed order in accordance with this section does not of itself operate to invalidate any action or decision taken by a F217[chief executive] or a local authority. (9) The Minister may by order designate an executive function to be a function to which this section applies. (10) Subject to the provisions of any other enactment, nothing in this section shall be read as precluding the revocation or amendment of an order made by a F217[chief executive] by a subsequent such order. (11) Nothing in Schedule 15 shall be read as prejudicing the functions conferred on an elected council by this Act. Annotations Amendments: F217 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 109-118, S.I. No. 214 of 2014. F218 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 55, S.I. No. 214 of 2014. Editorial Notes: E273 Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 116 provides for the substitution of “chief executive” for “manager ” in subs. (7). This amendment is obsolete as subs. (7) has been substituted by Local Government Reform Act 2014 (1/2014), s. 55, see F-note above. Attendance of 152.—(1) Every F219[chief executive] has the right— manager at local authority meet- (a) to attend and speak at meetings of a local authority for which he or she is ings. F219[chief executive], and (b) to take part in its discussions, but shall not be entitled to vote on any question which is decided by a vote of the members of such local authority. (2) In so far as it is not inconsistent with the due performance of functions by a F219[chief executive] in relation to the local authorities for which he or she is F219[chief executive], a manager shall attend— (a) any meeting of a local authority for which he or she is F219[chief executive] where he or she is requested by the elected council of that local authority to attend, and (b) any meeting of a committee of a local authority where he or she is requested by the elected council of that local authority to attend. (3) Whenever a F219[chief executive] attends a meeting of a local authority or of a committee of the local authority in accordance with subsection (2)— (a) he or she shall give to the elected council of such local authority or committee (as the case may be) such advice and assistance as shall reasonably be required of him or her by the council or committee (and the members of the council or committee shall have regard to that advice or assistance), and (b) he or she shall arrange for the attendance at such meeting of such of the employees of the local authorities for which he or she is F219[chief executive] as may be appropriate having regard to the business to be transacted at that meeting. 212 PT. 14 S. 152 [No. 37.] Local Government Act 2001 [2001.] F220[(3A) This section applies to the chief executive of a local authority in respect of meetings of a municipal district of the local authority in the same manner as it applies to meetings of that authority.] (4) Without prejudice to section 154, in this section F219[chief executive] includes an employee to whom the functions of the F219[chief executive] stand delegated in accordance with that section in respect of the local authority in question. Annotations Amendments: F219 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 119-121, 123, S.I. No. 214 of 2014. F220 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 122, S.I. No. 214 of 2014. Legal proceed- 153.—(1) The F221[chief executive] for a local authority— ings. (a) shall act for and on behalf of the local authority in every action or other legal proceeding whether civil or criminal, instituted by or against the local authority, and (b) may do all such acts, matters, and things as he or she may consider necessary for the preparation and prosecution or defence of such action or other proceeding in the same manner in all respects as if (as the case may require) he or she were the plaintiff, prosecutor, defendant or other party to that action or other proceeding. (2) Where an action or other proceeding relates to the exercise or performance by the local authority of a reserved function, the F221[chief executive] for that authority shall, in the doing of any such act, matter, or thing referred to in subsection (1), act with the express authorisation of the elected council of such local authority, and in any proceedings such authorisation shall be deemed to have been given unless or until the contrary is shown. Annotations Amendments: F221 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 124, 125, S.I. No. 214 of 2014. Delegation of 154.—(1) This section does not apply for the purposes of the appointment of a functions. deputy F222[chief executive], in respect of which section 148 applies. (2) A F222[chief executive] for a local authority may by order delegate such of his or her functions as he or she thinks proper to an employee of any local authority for which he or she is F222[chief executive] and such person shall perform such duties as are appropriate to the functions so delegated and shall for that purpose and subject to this section act in place of the F222[chief executive]. (3) Where a delegation is made under this section— (a) the employee shall perform the delegated function under the general direction and control of the F222[chief executive], 213 PT. 14 S. 154 [No. 37.] Local Government Act 2001 [2001.] (b) the employee shall perform the delegated function in accordance with such (if any) limitations as may be specified in the delegation as to the area or period in which or the extent to which he or she is to perform that function, (c) a provision of or under this or any other enactment which vests functions in the F222[chief executive] or regulates the manner in which any function is to be performed (including the making of an order under section 151) shall, if and in so far as it is applicable to the delegated function, have effect, for the purposes of the performance of that function by the employee, with the substitution of the employee for the F222[chief executive] and every such provision shall be read accordingly. (4) Where a function is delegated under this section the function shall continue to be vested in the F222[chief executive] but shall be so vested concurrently with the employee to whom it is delegated and so as to be capable of being performed by either such F222[chief executive] or such employee. (5) The F222[chief executive] may by order amend or revoke a delegation made under this section or made under any other provision repealed by this Act. (6) Where a function is performed by an employee pursuant to a delegation under this section and any surcharge or charge subsequently falls to be made consequent on such performance in case the payment was made or authorised to be made or the loss or deficiency was caused, by the employee, the F222[chief executive] shall be treated as if he or she also had made or authorised the making of the payment or had caused the loss or deficiency. (7) A delegation under this section may be made to a particular employee of a local authority or to the holder for the time being of a specified class, description or grade of employment under a local authority. (8) Notification of a delegation under this section or of its subsequent amendment or revocation shall be given to the members of the local authority concerned. (9) Any defect in a delegation or the absence of a delegation in respect of a function performed by an employee acting in good faith on behalf of the local authority does not of itself operate to invalidate any action or decision of the local authority. Annotations Amendments: F222 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 126-132, S.I. No. 214 of 2014. C HAPTER 4 Local Authority Personnel Definitions (Chap- 155.—In this Chapter, except where the context otherwise requires— ter 4). “appropriate Minister” has the meaning given by section 156; “Board” means the body established under article 4 of the Local Government Management Services Board (Establishment) Order, 1996 (S.I. No. 410 of 1996), or any other body established by the Minister under section 3 of the Local Government Services (Corporate Bodies) Act, 1971, or otherwise, to provide services similar to those of the Board; F223[...] 214 PT. 14 S. 155 [No. 37.] Local Government Act 2001 [2001.] “local authority” includes a joint body. Annotations Amendments: F223 Deleted (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 61(1) and sch. 2 part 1, commenced on enactment. Editorial Notes: E274 The Local Government Management Services Board was dissolved (1.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 10(c), S.I. No. 297 of 2012. This provision now probably refers to Local Government Management Agency, established the same day. Appropriate 156.—(1) In this Chapter “appropriate Minister” means— Minister. (a) where the duties of a particular employment or employments of a particular class, description or grade relate wholly or mainly to the functions of a Minister of the Government other than the Minister, such Minister of the Government, (b) in all other cases, the Minister. (2) If any question or dispute arises as to whether the duties of a particular employment or employments of a particular class, description or grade relate wholly or mainly to the functions of a Minister of the Government other than the Minister, the matter shall be referred to the Minister for determination and the decision of the Minister shall be final. (3) The appropriate Minister, may amend or revoke any declaration made or deemed to have been made or any direction given by him or her under this Chapter. Application 157.—(1) Subject to the provisions of subsections (2) and (3), this Chapter applies (Chapter 4). to every employment under a local authority and to every employee of a local authority. (2) (a) For the purposes of this Part, an employee of a local authority includes every person who is, immediately prior to the commencement of this section, a holder of an office under a local authority. (b) The fact that a person is employed by a local authority on the commencement of any provision of this Chapter is not a ground for contending that such provision does not apply in relation to him or her. (3) For the purposes of this Chapter, the following offices are deemed not to be employments under a local authority and every holder, as such, of any of those offices is deemed not to be the holder of an employment under a local authority— (a) the office of coroner or deputy coroner under the Coroners Act, 1962, (b) the offices under the Courthouses (Provision and Maintenance) Act, 1935, of caretaker and assistant to the caretaker of courthouse accommodation, (c) the offices under the Pounds (Provision and Maintenance) Act, 1935, of poundkeeper and assistant to a poundkeeper. (4) For the purpose of this Chapter, a payment to a person by virtue of section 142(2) is not a ground for contending that the person is an employee of a local authority. 215 PT. 14 S. 158 [No. 37.] Local Government Act 2001 [2001.] Provisions relat- 158.—(1) (a) Subject to this Chapter, Chapter 2 of this Part and the Local Authorities ing to the (Officers and Employees) Acts, 1926 to 1983, a local authority may employment of persons by local employ such and so many persons as the local authority may, from time authorities. to time, think proper. (b) A local authority shall determine the remuneration and conditions of employment of its employees and may, from time to time, alter the remuneration and conditions of employment of such employees. (c) F224[...] (d) The appropriate Minister may at any time direct that any of the functions conferred on a local authority by this Chapter shall, in relation to an employment or employments for which he or she is the appropriate Minister, be exercisable either generally or in relation to a particular local authority or to specified local authorities, only with his or her consent, or subject to such other conditions or requirements as may be so directed. (2) A local authority in exercising any function referred to in subsection (1) in relation to an employment for which the Minister is the appropriate Minister, shall, subject to paragraphs (c) and (d) of that subsection, have regard to any guidelines, codes of practice or other guidance issued by the Board in relation to such function. (3) The functions conferred on an elected council or a Cathaoirleach by this Part, other than those referred to in sections 145(1) and 148, do not apply or extend to employees of a local authority or to the performance of any executive function in relation to such employees or their direction, supervision, service, remuneration or discipline and any resolution which claims to so apply or extend is invalid. Annotations Amendments: F224 Deleted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3A and sch. 2 part 3 as inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), ss. 3, 7 and sch., commenced on enactment. Staffing and 159.—(1) The F225[chief executive] shall for the purposes of discharging the organisational responsibilities set out under section 149 make such staffing and organisational arrangements. arrangements as may be necessary for the purposes of carrying out the functions of the local authorities for which he or she is responsible. (2) Subject to this Part the functions of a local authority may be discharged through or by the employees of that authority or any other local authority for which the F225[chief executive] is responsible. (3) An employee of a local authority shall— (a) perform such duties as may from time to time be assigned to him or her in relation to his or her employment and as may be appropriate to any particular function of any local authority for which the F225[chief executive] is responsible, and (b) carry out such instructions as may be duly given in relation to the performance of his or her duties. (4) Where by an agreement or arrangement under Part 10 or otherwise a local authority exercises or performs a function of another body or provides a service to another body, 216 PT. 14 S. 159 [No. 37.] Local Government Act 2001 [2001.] (a) it is the duty of every employee of the local authority to perform such duties appropriate to the nature of that function or service as the local authority may decide, and (b) in case the other body is a local authority, it is the duty of every employee of that local authority to refrain from performing such duties appropriate to the nature of that function or service as that local authority may decide. (5)(a) An employee of a local authority shall not engage— (i) in any gainful occupation, other than as an employee of the local authority, to such an extent as to impair the performance of his or her duties as an employee of the local authority, or (ii) in any occupation which might— (I) conflict with the interests of the local authority, or (II) be inconsistent with the discharge of his or her duties as a local authority employee. (b) Without prejudice to the generality of paragraph (a), an employee of a local authority, the qualifications for whose post are wholly or in part professional, shall not engage in private practice in the profession in which he or she is employed by the local authority or local authorities or in any cognate profession. (c) Where an employee of a local authority is in breach of paragraph (a) or (b), the local authority shall determine the appropriate disciplinary action to be taken, which action may include suspension with or without pay or termina- tion of employment or such other action as the local authority considers appropriate. (d) In considering the action to be taken under paragraph (c) a local authority may have regard to the need to uphold public confidence in the integrity of the discharge of its functions. Annotations Amendments: F225 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 133-135, S.I. No. 214 of 2014. Qualifications for 160.—(1) (a) The appropriate Minister may declare qualifications of such classes employment. and descriptions as he or she thinks fit for a specified employment under a local authority or for such of the employments as belong to a specified class, description or grade. (b) Before declaring under this section qualifications for any employment under a local authority to which the Local Authorities (Officers and Employees) Acts, 1926 to 1983, apply, the appropriate Minister shall consult with the F226[Commission for Public Service Appointments]. (c) A person is not to be appointed to any employment under a local authority for which qualifications are for the time being declared under this section unless he or she possesses those qualifications. (d) For the purposes of this section, the fact that a person F226[has been recom- mended for appointment by the Chief Executive of the Public Appointments Service] to any employment shall be conclusive evidence, in the absence of 217 PT. 14 S. 160 [No. 37.] Local Government Act 2001 [2001.] fraud, that he or she possessed at the time of such recommendation the qualifications for the time being declared under this section for such employment. (e) Where the appropriate Minister declares under this section qualifications for a specified employment, additional qualifications for that employment are not to be fixed by a local authority without the consent of the appropriate Minister. (2) (a) The Minister may, by order (in this section referred to as a “transfer order”), provide that declarations of qualification which would otherwise properly be made by him or her under this section for employments specified in the transfer order shall be made by the Board. (b) Whenever a transfer order is in operation, the Board has the power to amend any qualifications previously declared by the Minister in relation to any employment to which the order relates. (c) A transfer order shall not prejudice the right of the Minister to make or amend any qualifications declared under this section. (d) Where the Board declares qualifications by virtue of a transfer order, such declaration has effect as if it had been made by the Minister. (e) The revocation of a transfer order by the Minister does not affect any existing qualifications declared by the Board unless otherwise expressly provided for in the order. (3) (a) Notwithstanding subsections (1) and (2), a local authority may, from time to time, fix qualifications for any employment provided a declaration under subsection (1) in relation to such employment is not in force. (b) Whenever qualifications are declared under this section by the appropriate Minister, or by the Board by virtue of a transfer order, in relation to a particular employment, any qualifications previously fixed by a local authority in relation to such employment shall cease to have effect. (4) (a) Any qualifications declared by the Board under this section may be amended or revoked by the Minister or the Board. (b) A local authority may amend the qualifications for any employment fixed by it under subsection (3). (5) A declaration made under section 21 of the Local Government Act, 1941, before the commencement of this provision shall, on and from such commencement, be deemed to have been made under this section. Annotations Amendments: F226 Substituted (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 61(1) and sch. 2 part 1, commenced on enactment. Restrictions on 161.—(1) (a) Subject to paragraph (b), a member of a local authority is not to be local authority employed by a local authority. employment and membership of a local authority. (b) The Minister may by order— (i) designate such class, description or grade of employments to which paragraph (a) does not apply, 218 PT. 14 S. 161 [No. 37.] Local Government Act 2001 [2001.] (ii) specify such conditions under which paragraph (a) does not apply. (2) This section comes into operation and has effect on and from the ordinary day of retirement of members next after the enactment of this F227[Act, subject to the proviso that an order under subsection (1)(b) may be made before or after that day]. (3) F227[Where, after the said ordinary day of retirement,] an order under this section is proposed to be made, a draft of it shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each House of the Oireachtas. (4) F228[...] Annotations Amendments: F227 Substituted (19.05.2004) by Electoral (Amendment) Act 2004 (15/2004), s. 34(a) and (b), S.I. No. 215 of 2004. F228 Deleted (19.05.2004) by Electoral (Amendment) Act 2004 (15/2004), s. 34(c), S.I. No. 215 of 2004. Editorial Notes: E275 Power pursuant to section exercised (19.05.2004) by Local Government Act 2001 (Section 161) Order 2004 (S.I. No. 216 of 2004). Modification of 162.—(1) (a) In this section, “section 70(1) as applied” means section 70(1) of the restriction on Local Government Act, 1925, as applied by section 26 of the Vocational being employed under certain Education Act, 1930, as continued in operation for the purposes of such related bodies. application by section 21(5) of the Local Government Act, 1955, and as read in accordance with— (i) section 25(6) of the Local Elections (Petitions and Disqualifications) Act, 1974, and (ii) section 12 of the Regional Technical Colleges (Amendment) Act, 1999. (b) Without prejudice to section 6, and notwithstanding the repeal of section 70(1) of the Local Government Act, 1925, and section 21(5) of the Local Government Act, 1955, by this Act, section 70(1) as applied continues to have full force and effect. (2) (a) After consultation with the Minister for the purpose of paragraph (b), the Minister for Education and Science may be order designate a class, description or grade of employments. (b) For so long as an order under this subsection is in force, section 70(1) as applied shall not apply as regards an employment which is of a class, description or grade designated by the order. (c) Any order made by the Minister for Education and Science under section 25(2) of the Local Elections (Petitions and Disqualifications) Act, 1974, and in force immediately before the commencement of this subsection shall be deemed to have been made by that Minister under this subsection. (d) After consultation with the Minister, an order under this subsection (including an order under this paragraph) may by order be amended or revoked by the Minister for Education and Science. 219 PT. 14 S. 162 [No. 37.] Local Government Act 2001 [2001.] (3) Where an order under subsection (2) is proposed to be made, a draft of it shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each House of the Oireachtas. Amendment of 163.—Section 6 of the Local Authorities (Officers and Employees) Act, 1926, is Local Authorities amended by the substitution of the following for subsection (5): (Officers and Employees) Act, 1926. “(5) Subsection (4) of this section shall have effect subject to the proviso that where the local authority specifies a period (not less than one month) within which the person who is recommended by the Commissioners is to take up duty and notify the person of the period so specified, the local authority shall not appoint that person unless such duty is taken up within that period.”. Amendment of 164.—Section 2(1) of the Unfair Dismissals Act, 1977, is amended by the substitution Unfair Dismissals of the following for paragraph (i): Act, 1977. “(i) a manager for a local authority for the purposes of section 144 of the Local Government Act, 2001,”. Savers (Chapter 165.—(1) The Local Offices (Irish Language) Regulations, 1966 (S.I. No. 221 of 1966), 4). made under sections 13 and 19 of the Local Government Act, 1941, shall remain in force after the commencement of the provisions repealing those sections and, by regulations made by the appropriate Minister by virtue of this subsection, may be amended to the same extent as provided for by those sections or may be revoked. (2) Every declaration made under section 23 of the Local Government Act, 1941, which is in force in relation to a person on the commencement of the provision repealing that section remains in force in relation to him or her after such commencement and, by declaration made by the appropriate Minister by virtue of this subsection, may be amended to the same extent as provided for by that section or may be revoked. (3) (a) Notwithstanding the repeal of section 10 (as amended by section 12 of the Local Government Act, 1955) of the Local Government Act, 1941, where an appeal under that section has been made to the appropriate Minister before such repeal, that appeal shall continue to be considered and may be deter- mined under that section. (b) Notwithstanding the repeal of section 26 (as amended by section 41 of the Local Government Act, 1946) of the Local Government Act, 1941, where a request under that section for the consent of the appropriate Minister has been made before such repeal, that request shall continue to be considered and may be determined under those sections. (c) In this subsection, “appropriate Minister” has the same meaning that it has in Part II of the Local Government Act, 1941. PART 15 E THICAL F RAMEWORK FOR THE L OCAL G OVERNMENT S ERVICE Annotations Modifications etc. (not altering text): C35 Definition of “return period” construed (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 6. 220 PT. 15 S. 166 [No. 37.] Local Government Act 2001 [2001.] 6. Return Period (1) Subject to sub-article (2), the return period for the purposes of Part 15 of the Act shall be the period ending on the last day of February of each year. (2) (a) In a local election year the return period for incoming members to a local authority, who were not members of that local authority immediately prior to the local election in question, shall be the period of 6 weeks from the ordinary day of retirement in that year. (b) In the case of a person referred to in section 174(3) of the Act, the return period shall be the period of 6 weeks from the date such person becomes a person to whom section 167(1) of the Act applies. (c) In these Regulations “local election year ” and “ordinary day of retirement” shall be construed in accordance with the Act. Interpretation 166.—(1) In this Part, except where the context otherwise requires— (Part 15). “actual knowledge” means actual, direct and personal knowledge as distinct from constructive, implied or imputed knowledge and includes, in relation to a fact, belief in its existence the grounds for which are such that a reasonable person who is aware of them could not doubt or disbelieve that the fact exists; “appropriate period” means— (a) in the case of a first declaration of a person to whom section 167(1) applies, the period which ended 12 months up to and including the date of his or her first declaration, and (b) in the case of subsequent declarations, the period between the date of his or her last previous declaration and the date of the next subsequent declaration; “Commission” means the Public Offices Commission established by section 21 of the Ethics in Public Office Act, 1995, or any body established in place of such Commission; “connected person” means a brother, sister, parent or F229[spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 of the person] or a child of the person or of the spouse; “declarable interest” has the meaning set out in section 175; “employee”, in relation to a local authority, means an employee to whom this Part applies and, subject to subsection (2), includes a F230[chief executive] for a local authority unless otherwise specified; “ethics registrar” has the meaning given by section 173(1); “gift” includes a gift of money or other property; “property” means real or personal property; “relevant code of conduct” means the National Code of Conduct for Local Authority Members or the National Code of Conduct for Local Authority Employees, which are referred to in section 169; “return period” means a period not exceeding 28 days from the commencement date specified in the relevant notice issued by the ethics registrar under section 174 or such other period as may be prescribed by regulations made by the Minister under section 171(4); “spouse”, in relation to a person, includes a person with whom the first-mentioned person is cohabiting. (2) For the purposes of this Part— 221 PT. 15 S. 166 [No. 37.] Local Government Act 2001 [2001.] (a) a F230[chief executive] shall be deemed to be an employee of every local authority for which he or she is F230[chief executive], (b) an employee of a local authority who, by virtue of an arrangement or agreement entered into under this Act or any other enactment, is performing duties under or in respect of another local authority, shall be deemed to be also an employee of the other authority. (3) Where any body which is a company within the meaning of section 155 of the Companies Act, 1963, is deemed under that section to be a subsidiary of another or to be another such company’s holding company, a person who is a member of the first-mentioned such company shall, for the purposes of section 171 and sections 175 to 179 be deemed also to be a member of the other company. Annotations Amendments: F229 Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97 and sch. part 1, item 28, S.I. No. 648 of 2010. F230 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 136, 137, S.I. No. 214 of 2014. Modifications etc. (not altering text): C36 Definition of “Commission” amended (10.12.2001) by Ethics in Public Office Act 1995 (22/1995), s. 21, as substituted (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 2, S.I. No. 576 of 2001 and resolutions of both Houses of the Oireachtas. Establishment, membership and functions of Commission. 21.—[(1) There is hereby established, in place of the Public Offices Commission, a commission (which shall be known as the Standards in Public Office Commission and is referred to in this Act as ‘the Commission’).] Editorial Notes: E276 Previous affecting provision: power pursuant to section exercised (1.01.2003) Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002) regs. 4 and 5; revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004) reg. 3. Application (Part 167.—(1) This Part applies to— 15). (a) a member of a local authority, (b) an employee of a local authority who is of a class, description or grade prescribed by regulations made by the Minister for the purposes of this Part, and (c) any other employee or other person who is the holder of a position designated by an order made by the F231[chief executive] for a local authority for the purposes of this Part. F232[(1A) In addition to those employees to whom this Part applies by virtue of subsection (1), sections 168, 169 and 170 also apply to every other employee of a local authority and those sections shall be read accordingly.] (2) This Part, other than sections 171, 175 and 178 also applies, where relevant, to any person to whom subsection (1) does not apply and— (a) who is a member of a committee of a local authority, or 222 PT. 15 S. 167 [No. 37.] Local Government Act 2001 [2001.] (b) whose services are being availed of by the local authority, and a code of conduct under section 169 may contain provisions in relation to such persons. (3) Where a person to whom this Part applies has an interest in land or an interest relating to land or any business of dealing in or developing land by reason only of the beneficial ownership of shares in a company or other body by him or her or by his or her nominee or by a connected person or a nominee of a connected person and the total nominal value of those shares does not exceed the lesser of— (a) £10,000, or (b) one-hundredth part of the total nominal value of either the issued share capital of the company or body or, where that capital is issued in shares of more than one class, the issued share capital of the class or classes of shares in which he or she has an interest, the requirements of section 171 and sections 175 to 179 shall not have effect in relation to that interest or interests. (4) Notwithstanding subsection (2), the Minister may prescribe by regulations some or all of the provisions of sections 171 and 175, as provisions which apply to a person to whom subsection (2) applies, subject to such modifications or adaptations as are necessary. (5) (a) Part VII of the Act of 2000 shall cease to apply to— (i) a member of a planning authority, (ii) a member of a committee of a planning authority, and (iii) an officer of a planning authority. (b) A declaration given in accordance with section 147 of the Act of 2000 by— (i) a member of a planning authority, or (ii) an officer of a planning authority, shall continue to apply and have effect until replaced by a declaration furnished to the ethics registrar under section 171 of this Act. Annotations Amendments: F231 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 138, S.I. No. 214 of 2014. F232 Inserted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment. Editorial Notes: E277 Power pursuant to section exercised (30.01.2015) by Local Government Act 2001 (Part 15) Regula- tions 2015 (S.I. No. 29 of 2015), in effect as per reg. 2. E278 Previous affecting provision: power pursuant to section exercised (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004); revoked (30.01.2015) by Local Govern- ment Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2. 223 PT. 15 S. 167 [No. 37.] Local Government Act 2001 [2001.] E279 Previous affecting provision: power pursuant to section exercised (28.02.2003) by Local Government Act 2001 (Part 15) Regulations 2003 (S.I. No. 73 of 2003); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3. E280 Previous affecting provision: power pursuant to section exercised (1.01.2003) by Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3. Standards of 168.—In carrying out their functions under this or any other enactment, it is the integrity. duty of every member and every employee of a local authority and of every member of every committee to maintain proper standards of integrity, conduct and concern for the public interest. Codes of conduct 169.—(1) (a) After consultation with the Commission and the Minister for Finance, for Local Govern- the Minister, may issue codes of conduct for the guidance of members of ment Service. local authorities and of employees of local authorities. (b) A code of conduct shall deal with the conduct and standards of integrity of members and employees in performing their functions or in relation to any other matter connected with this Part. (c) In addition to the matters provided for by paragraph (b), a code of conduct shall also deal with matters which, in the opinion of the Minister, will help to uphold public confidence in the integrity of the discharge of local author- ity functions. (d) Codes to which this section relate shall be known as the National Code of Conduct for Local Authority Members and the National Code of Conduct for Local Authority Employees or by such other name as the Minister may decide from time to time. (2) The Minister may at any time review a code of conduct and may amend the code of conduct or withdraw it and issue a new code of conduct. (3) (a) Each member shall have regard to and be guided by the relevant code of conduct in the exercise of his or her functions. (b) Each employee shall, in so far as the code of conduct applies to that employee, have regard to and be guided by the code of conduct in the exercise of his or her functions. (c) There shall be deemed to be included in the terms and conditions of employ- ment of an employee an undertaking by him or her to have regard to and be guided by the code of conduct in the exercise of his or her functions. (4) (a) (i) As soon as practicable after the election or co-option of a person as a member of a local authority, the ethics registrar shall supply to each such member a copy of the National Code of Conduct for Local Authority Members. (ii) The notice issued by the ethics registrar under section 174 shall draw the member’s attention to the code of conduct and to subsection (3)(a). (b) (i) The ethics registrar shall supply to each employee, as soon as practicable, a copy of the National Code of Conduct for Local Authority Employees. (ii) The notice issued by the ethics registrar under section 174 shall draw the employee’s attention to the code of conduct and to subsection (3)(b) and (c). 224 PT. 15 S. 169 [No. 37.] Local Government Act 2001 [2001.] (5) (a) A court may have regard to a code of conduct issued under this section in any proceedings for an offence under this Part. (b) The Commission may have regard to a code of conduct issued under this section in the carrying out of its functions in relation to a local authority. (6) A code of conduct adopted by a planning authority under section 150 of the Act of 2000 shall continue to apply and have effect until replaced by a code of conduct issued under this section. Annotations Modifications (not altering text): C37 Functions transferred and references to “Department of Finance” and “Minister for Finance” in subs. (1)(a) 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 Expen- diture 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) ... ... ... Local Government Act 2001 Sections 66(7), 81(6), 92(2), 109(8), 169(1)(a), No. 37 of 2001 212(3) and 231(1) ... ... ... Prohibition of 170.—(1) An employee or a member of a local authority or of a committee of a local favours, rewards, authority shall not seek, exact or accept from any person, other than from the local etc. authority concerned, any remuneration, fee, reward or other favour for anything done or not done by virtue of his or her employment or office, and a code of conduct under section 169 may include guidance for the purposes of this subsection. 225 PT. 15 S. 170 [No. 37.] Local Government Act 2001 [2001.] (2) Subsection (1) shall not be read so as to exclude the persons to whom that subsection relates from the application of the Prevention of Corruption Acts, 1889 to 1995, and any Act which is to be construed together as one with those Acts. Annual declara- 171.—(1) It is the duty of a person to whom section 167(1) applies to prepare and tion. furnish to the ethics registrar in accordance with subsection (2) or (3), as the case may be, an annual written declaration (in this Part referred to as an “annual declara- tion” or “declaration”, as the case may be), in the form prescribed by regulations made by the Minister, signed and dated by him or her and containing— (a) particulars of his or her declarable interests (within the meaning of section 175), and (b) an undertaking by him or her to have regard to and be guided by the relevant code of conduct in the exercise of his or her functions. (2) Each member of a local authority shall prepare and furnish to the ethics registrar within the return period each year, an annual declaration and a statement that none of the grounds for disqualification referred to in section 13 or 182, or under section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999, apply. (3) Each employee of a local authority shall prepare and furnish to the ethics registrar within the return period each year an annual declaration. (4) The Minister may notwithstanding the definition of return period in section 166 prescribe by regulations a different commencement date or a different return period to the commencement dates or periods referred to in the definition of return period as the commencement date or period from or within which a declaration shall be furnished. (5) It shall not be necessary to specify in an annual declaration under this section the amount or monetary value of any declarable interest within the meaning of section 175. Annotations Editorial Notes: E281 Power pursuant to section exercised (30.01.2015) by Local Government Act 2001 (Part 15) Regula- tions 2015 (S.I. No. 29 of 2015), in effect as per reg. 2. E282 Previous affecting provision: power pursuant to section exercised (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004); revoked (30.01.2015) by Local Govern- ment Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2. E283 Previous affecting provision: power pursuant to section exercised (28.02.2003) by Local Government Act 2001 (Part 15) Regulations 2003 (S.I. No. 73 of 2003); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3. E284 Previous affecting provision: power pursuant to section exercised (1.01.2003) by Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3. Public register of 172.—(1) The ethics registrar shall for the purposes of this Part, keep on behalf of interests. the local authority concerned a public register which comprises of 2 parts, one containing members’ interests and the other the interests of employees and persons referred to in section 167(2) (which register of interests is in this section referred to as the “register of interests”). 226 PT. 15 S. 172 [No. 37.] Local Government Act 2001 [2001.] (2) There shall be entered in the register of interests the particulars contained in declarations under section 171 or disclosures under sections 177 to 179 furnished to the ethics registrar. (3) (a) The register of interests shall be kept at the offices of the local authority concerned, and shall be available for public inspection during normal office hours and any person may apply for a copy of the register or any entry in the register. (b) A copy of the register of interests, or any entry in the register may be obtained by any person on the payment to the local authority concerned of such fee (if any) as the local authority shall fix not exceeding the reasonable cost of making the copy. (4) Where a person ceases to be a person to whom section 167 applies, any partic- ulars entered in the register of interests as a result of a declaration or disclosure being furnished to the relevant ethics registrar under this Part shall be removed from that register by the relevant ethics registrar as soon as may be after the expiration of the period of 15 years beginning on the day on which the person ceases to be such a person. Annotations Modifications etc. (not altering text): C38 Application of section restricted (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 9. 9. Register of interests In respect of a relevant employee, the particulars to be included in the register of interests kept by a local authority pursuant to section 172 of the Act shall not include the address of that employee’s home as entered on the prescribed form by him or her pursuant to the requirements of section 171 of the Act. Editorial Notes: E285 Previous affecting provision: (28.02.2003) Local Government Act 2001 (Part 15) Regulations 2003 (S.I. No. 73 of 2003), reg. 4, revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004). Ethics registrar. 173.—(1) In this Part “ethics registrar” means a person or persons assigned by order of the manager for a local authority to perform the duties of an ethics registrar in accordance with this Part in respect of such authority or authorities as are specified in the order. (2) No person shall perform the functions of an ethics registrar for a continuous period exceeding 2 years. Duty of ethics 174.—(1)(a) It is the duty of the ethics registrar to issue to each member of the registrar, etc. local authority concerned before every annual meeting of the authority, or such other time as may be prescribed by regulations made by the Minister, a signed and dated notice in writing informing the member of the requirement imposed on him or her under section 171 to prepare and furnish an annual declaration and such notice shall enclose the form so prescribed for that purpose. (b) The fact of the issue of a notice under paragraph (a) shall be brought to the attention of the members of the local authority at the next meeting of the authority after such issue. 227 PT. 15 S. 174 [No. 37.] Local Government Act 2001 [2001.] (2) In respect of and to each employee referred to in section 167(1) it is the duty of the ethics registrar to issue every year in the month of January, or such other time as may be prescribed by regulations made by the Minister, a signed and dated notice in writing informing the employee of the requirement imposed on him or her under section 171 to prepare and furnish an annual declaration and such notice shall enclose the form so prescribed for that purpose. (3) It is the duty of the ethics registrar to issue, as soon as practicable, to a person who becomes a person to whom section 167(1) applies subsequent to the issue of a notice under subsection (1) or (2) a signed and dated notice in writing informing such member or employee, as the case may be, of the requirement imposed on him or her under section 171 to prepare and furnish an annual declaration in the form prescribed by regulations made by the Minister and such notice shall enclose the form prescribed for that purpose. (4) Nothing in this section, including the non-receipt, for any reason, of a notice or form affects the requirement imposed on a person under section 171 to complete and furnish an annual declaration. (5) Where the ethics registrar finds a minor error or omission in a declaration, he or she shall furnish to the person concerned particulars in writing of the error or omission, as the case may be, and the ethics registrar shall inform such person that he or she may correct the error or make good the omission within the period of 21 days from the date on which the notification issued to such person. (6) Notwithstanding section 169(4) the ethics registrar may at any time where he or she considers it necessary issue a notice or otherwise bring to the attention of any person referred to in section 167 the appropriate requirements of this Part, including of a relevant code of conduct issued under section 169. (7) Where the ethics registrar, or the F233[chief executive] in relation to paragraph (c), becomes aware of a possible contravention of this Part it is his or her duty to bring the matter to the attention of— (a) the F233[chief executive] for the local authority, in case the matter relates to any other employee, (b) the Cathaoirleach of the local authority, in case the matter relates to the F233[chief executive], (c) the Cathaoirleach of the local authority, in case the matter relates to the ethics registrar, (d) the F233[chief executive] for the local authority, in case the matter relates to the Cathaoirleach, (e) the Cathaoirleach and the F233[chief executive] for the local authority in case the matter relates to a member of the local authority other than the Cathaoirleach, and (f) in any other case, the F233[chief executive] for the local authority. (8) (a) The person or persons to whom the matter is brought to attention under subsection (7) shall consider what action should be taken and, without prej- udice to the generality of the foregoing, the action may include— (i) any investigative or disciplinary procedures which may be exercised in relation to the person concerned, whether under any other provision of this or any other enactment or otherwise, (ii) referral of the matter to the Director of Public Prosecutions in accordance with subsection (1)(b) or (4)(b) of section 181 as the case may be, (iii) any other course of action considered appropriate in the circumstances. 228 PT. 15 S. 174 [No. 37.] Local Government Act 2001 [2001.] (b) The person or persons to whom the matter is brought to attention under subsection (7) shall— (i) cause a report to be prepared of his or her or their joint consideration of the matter, as the case may be, and (ii) cause such report to be sent to and be retained by the ethics registrar unless subsection (7)(c) applies, in which case such report shall be retained by the F233[chief executive] but only until the person concerned ceases to be the ethics registrar. Annotations Amendments: F233 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 139, 140, S.I. No. 214 of 2014. Editorial Notes: E286 Power pursuant to section exercised (30.01.2015) by Local Government Act 2001 (Part 15) Regula- tions 2015 (S.I. No. 29 of 2015), in effect as per reg. 2. E287 Previous affecting provision: power pursuant to section exercised (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004); revoked (30.01.2015) by Local Govern- ment Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2. E288 Previous affecting provision: power pursuant to section exercised (1.01.2003) Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002), regs. 5, 6 and 8; revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3. Declarable inter- 175.— Each of the following interests is a declarable interest for the purposes of ests. this Part: (a) any profession, business or occupation in which the person concerned is engaged or employed, whether on his or her own behalf or otherwise, and which relates to dealing in or developing land during the appropriate period; (b) any other remunerated trade, profession, employment, vocation, or other occupation of the person concerned held by that person during the appropri- ate period; (c) any estate or interest the person concerned has (subject to section 167(3)) in land including the case where the person concerned, or any nominee of his or her, is a member of a company or other body which has an estate or interest in land and without prejudice to the foregoing an interest in land shall be deemed to include— (i) the interest of the person in any contract entered into by him or her for the purchase or sale of land, whether or not a deposit or part payment has been made under the contract, and (ii) the interest of the person in— (I) any option held by him or her to purchase or sell land, whether or not any consideration has been paid for it, or (II) land in respect of which such an option has been exercised by the person but which has not yet been conveyed to the person; 229 PT. 15 S. 175 [No. 37.] Local Government Act 2001 [2001.] (d) any business of dealing in or developing land carried on during the appropriate period by a company or other body of which the person concerned, or any nominee of the person, is a member; (e) a holding by the person concerned of shares in, or bonds or debentures of, or other like investments in, a particular company or other enterprise or undertaking (which does not relate to land or any business of dealing in or developing land) if the aggregate value of the holding exceeded £10,000 at any time during the appropriate period but holding does not include money in a current, deposit or other similar account with a financial institution; (f) a directorship or shadow directorship of any company held by the person concerned at any time during the appropriate period, and in this paragraph “shadow directorship” means the position held by a person who is a shadow director for the purposes of the Companies Acts, 1963 to 1999; (g) a gift, including foreign travel facilities, given to the person concerned during the appropriate period, but excluding— (i) a gift given to the person by a F234[relative or friend of the person or of his or her spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or of a child of the person or his or her spouse for purely personal reasons only], (ii) a gift given to the person, or gifts given to the person by the same person, during the appropriate period, as respects which the value, or the aggre- gate value, of the property the subject of the gift or gifts did not exceed £500 at any time during the appropriate period; (h) property supplied or lent or a service supplied to the person concerned, once or more than once by the same person during the appropriate period, for a consideration or considerations or at a price or prices less than the commercial consideration or considerations or the commercial price or prices by more than £500 or which in the aggregate exceeded £500, other than property supplied or lent or a service supplied to the person concerned by a relative or friend of the person or of his or her spouse where such supply or loan was in the nature of a gift to the person and for personal reasons only; (i) property supplied or lent or a service supplied to the person concerned, once or more than once by the same person during the appropriate period, free of charge if the commercial consideration or considerations or the commercial price or prices was or were more than £500, or which in the aggregate exceeded £500, other than property supplied or lent or a service supplied to the person concerned by a relative or friend of the person or of his or her spouse where such supply or loan was in the nature of a gift to the person and for personal reasons only; (j) any contract to which the person concerned was a party or was in any other way, directly or indirectly, interested for the supply of goods or services to a local authority during the appropriate period if the value of the goods or services supplied during that period exceeded £5,000 or, in case other goods or services were supplied under such a contract to a local authority during that period, if the aggregate of their value exceeded £5,000; (k) a remunerated position held by the person concerned as a political or public affairs lobbyist, consultant or adviser during the appropriate period; (l) any other additional interest which may be prescribed by regulations made by the Minister; (m) any other additional interest which is not specified in paragraphs (a) to (k) or in regulations made by the Minister under paragraph (l) which the person concerned wishes to volunteer. 230 PT. 15 S. 175 [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F234 Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97 and sch. part 1, item 29, S.I. No. 648 of 2010. Beneficial inter- 176.—(1) In respect of a resolution, motion, question or other matter which is ests. proposed, or otherwise arises from or as regards F235[the performance by the local authority concerned, or any municipal district members for that authority, of any functions] under this or any other enactment, “beneficial interest” for the purposes of this Part, in relation to a person, includes an interest in respect of which— (a) he or she or a connected person, or any nominee of his or her or of a connected person, is a member of a company or any other body which has a beneficial interest in, or which is material to, any such matter, (b) he or she or a connected person is in a partnership with or is in the employment of a person who has a beneficial interest in, or which is material to, any such matter, (c) he or she or a connected person is a party to any arrangement or agreement (whether or not enforceable) concerning land which relates to any such matter, (d) he or she or a connected person in the capacity as a trustee or as a beneficiary of a trust has a beneficial interest in, or which is material to, any such matter, (e) he or she or a connected person is acting with another person to secure or exercise control of a company which has a beneficial interest in, or which is material to any such matter. (2) A person shall also be deemed to have a beneficial interest which has to be disclosed under this Part if he or she has actual knowledge that he or she or a connected person has a declarable interest (within the meaning of section 175) in, or which is material to, a resolution, motion, question or other matter which is proposed, or otherwise arises from or as regards F235[the performance by the local authority, or by municipal district members, of any functions] under this or any other enactment. (3) A person shall not be regarded as having a beneficial interest which has to be disclosed under this Part where section 167(3) is applicable or because of— (a) an interest which is so remote or insignificant that it cannot be reasonably regarded as likely to influence a person in considering or discussing, or in voting on, any question with respect to the matter or in performing any function in relation to that matter, (b) being a ratepayer or a local authority tenant and in common with other ratepayers or tenants, or (c) any other circumstances which may be prescribed by regulations made by the Minister. Annotations Amendments: F235 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 141, 142, S.I. No. 214 of 2014. 231 PT. 15 S. 176 [No. 37.] Local Government Act 2001 [2001.] Editorial Notes: E289 Power pursuant to section exercised (30.01.2015) by Local Government Act 2001 (Part 15) Regula- tions 2015 (S.I. No. 29 of 2015), in effect as per reg. 2. E290 Previous affecting provision: power pursuant to section exercised (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004); revoked (30.01.2015) by Local Govern- ment Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2. E291 Previous affecting provision: (1.01.2003) Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002), reg. 7; revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regula- tions 2004 (S.I. No. 770 of 2004), reg. 3. Disclosure by 177.—(1) Where at a meeting of a local authority or of any committee, joint member of local committee or joint body of a local authority, a resolution, motion, question or other authority of pecuniary or matter is proposed or otherwise arises either— other beneficial interests. (a) as a result of any of its functions under this or any other enactment, or (b) as regards the performance by the authority, committee, joint committee or joint body of any of its functions under this or any other enactment, then, a member of the authority, committee, joint committee or joint body present at such meeting shall, where he or she has actual knowledge that he or she or a connected person has a pecuniary or other beneficial interest in, or which is material to, the matter— (i) disclose the nature of his or her interest, or the fact of a connected person’s interest at the meeting, and before discussion or consideration of the matter commences, and (ii) withdraw from the meeting for so long as the matter is being discussed or considered, and, accordingly, he or she shall take no part in the discussion or consideration of the matter and shall refrain from voting in relation to it. (2) Where a member of a local authority, committee, joint committee or joint body of the local authority has actual knowledge that a matter is likely to arise at a meeting at which that member will not be present and which, if he or she were present, a disclosure would be required to be made under subsection (1), then that person shall in advance of such meeting make such disclosure in writing and furnish it to the ethics registrar. (3) There shall be recorded in the minutes of any meeting referred to in subsection (1) or (2) a reference to any disclosure made for the purposes of either of those subsections and of any subsequent withdrawal from the meeting and such disclosure shall be recorded in the register of interests. (4) A member of a local authority or of any committee, joint committee or joint body of a local authority shall neither influence nor seek to influence a decision of the authority in respect of any matter which he or she has actual knowledge that he or she or a connected person has a pecuniary or other beneficial interest in, or which is material to, any matter which is proposed, or otherwise arises from or as regards the performance by the authority of any of its functions under this or any other enactment. 232 PT. 15 S. 177 [No. 37.] Local Government Act 2001 [2001.] Annotations Modifications (not altering text): C39 Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 13, in effect as per reg. 3. Provisions of Part 15 (ethical framework) of the Act. 13. The provisions of section 177 of the Act shall apply in respect of the disclosure by municipal district members of pecuniary or other beneficial interests at a meeting of municipal district members with the following modifications as if:— (a) in subsection (1), the reference to “a meeting of a local authority, or of any committee, joint committee or joint body of a local authority” were a reference to “a meeting of municipal district members or of any committee of municipal district members”, (b) in subsection (1)(b):— (i) the reference to “the performance by the authority, committee, joint committee or joint body of any of its functions” were a reference to “the performance by the municipal district members of any of their functions or the performance by the committee of its functions”, and (ii) the reference to “a member of the authority, committee, joint committee or joint body present” were a reference to “a municipal district member or a member of a committee present”, (c) in subsection (2), the reference to “a member of a local authority, committee, joint committee or joint body of the local authority” were a reference to “a municipal district member or a member of a committee of the municipal district members”, and (d) in subsection (4):— (i) the reference to “a member of a local authority or of any committee, joint committee or joint body of a local authority” were a reference to “a municipal district member or a member of any committee of municipal district members”, (ii) the reference to “influence a decision of the authority” were a reference to “influence a decision of the municipal district members”, and (iii) the reference to “performance by the authority of any of its functions” were a reference to “performance by the municipal district members of any of their func- tions”. Disclosure by 178.—(1) This section applies where the manager for a local authority has actual manager for local knowledge that he or she or a connected person has a pecuniary or other beneficial authority of pecuniary or interest in, or which is material to, any matter which is proposed or otherwise arises other beneficial from or as regards the performance by the authority of any of its functions under this interests. or any other enactment. (2) The manager to whom subsection (1) relates shall comply with the following requirements: (a) he or she shall neither influence nor seek to influence a decision of the local authority as regards the matter; (b) he or she shall, as soon as may be, disclose in writing to the Cathaoirleach of the local authority the nature of his or her interest or the fact of a connected person’s interest, and the Cathaoirleach shall furnish such written disclosure to the ethics registrar without delay. (3) A disclosure furnished under subsection (2) shall be recorded by the ethics registrar in the register of interests. 233 PT. 15 S. 178 [No. 37.] Local Government Act 2001 [2001.] (4) Where a function would normally be dealt with by the manager, the function shall be delegated by him or her in accordance with section 154, after disclosure under subsection (2), to an employee. (5) The manager shall inform the Cathaoirleach of any delegation under subsection (4). Disclosure by 179.—(1) This section applies where— employee, etc. of local authority of (a) an employee of a local authority other than the F236[chief executive], or pecuniary or other beneficial interests. (b) any other person whose services are being availed of by the local authority, has actual knowledge that he or she or a connected person, has a pecuniary or other beneficial interest in, or which is material to, any matter, which is proposed or otherwise arises from or as regards the performance by the authority of any of its functions under this or any other enactment. (2) The employee or other person to whom subsection (1) relates shall comply with the following requirements: (a) he or she shall neither influence nor seek to influence a decision of the local authority as regards the matter; (b) where he or she as an employee is concerned with the matter in the course of his or her duties, he or she shall disclose in writing to the F236[chief executive] of the local authority the nature of his or her interest or the fact of a connected person’s interest and comply with any directions (including the reassignment of the matter in question to another employee) the F236[chief executive] may give him or her in relation to the matter; (c) where he or she as a person whose services are being availed of by the local authority is concerned with the matter in the course of his or her duties, he or she shall disclose in writing to the F236[chief executive] the nature of his or her interest or the fact of a connected person’s interest and comply with any directions, the F236[chief executive] may give him or her in relation to the matter. (3) A disclosure to which subsection (2)(b) or (2)(c) relates shall be forwarded by the F236[chief executive] to the ethics registrar and recorded by him or her in the register of interests. Annotations Amendments: F236 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 143-146, S.I. No. 214 of 2014. Application of 180.—(1) In this section “the Acts” means the Ethics in Public Office Act, 1995, and Ethics in Public any other Act which is to be construed together as one with that Act. Office Act, 1995, etc. (2) The Acts shall apply in relation to a local authority subject to the provisions of this section and with such other modifications as may be necessary and for that purpose— (a) the powers of investigation and report conferred on the Commission apply in relation to a person to whom subsection (1) or (2) of section 167 relates, (b) subsection (3) shall apply as regards a report prepared by the Commission, 234 PT. 15 S. 180 [No. 37.] Local Government Act 2001 [2001.] (c) subsection (4) shall apply as regards the consideration of such report by a local authority. (3)(a) Where a report prepared by the Commission relates to— F237[(i) a chief executive, it shall be furnished to the Cathaoirleach of the local authority concerned,] (ii) the Cathaoirleach of a local authority, it shall be furnished to the Leas- Chathaoirleach of the authority and to its F237[chief executive], (iii) any other member of a local authority, it shall be furnished to the Cathaoirleach of the authority and to its F237[chief executive], (iv) any employee of a local authority other than the F237[chief executive], it shall be furnished to the F237[chief executive] of the local authority concerned, and (v) any other person to whom subsection (1) or (2) of section 167 relates, it shall be furnished to the F237[chief executive] of the local authority concerned. (b) Nothing in this subsection shall be read so as to prevent the furnishing of a report referred to in paragraph (a) to any other person in accordance with the Acts. (4)(a) Where a report referred to in subparagraph (i), (ii) or (iii) of subsection (3)(a) is furnished to a local authority, it shall be considered by the elected council. The elected council shall decide on such action to be taken as may be considered appropriate in all the circumstances including, in the case of subparagraph (i) of subsection (3)(a), the exercise of powers of suspension or removal pursuant to section 146. (b) Where a report referred to in subparagraph (iv) or (v) of subsection (3)(a) is furnished to a local authority it shall be considered by its F237[chief execu- tive]. The F237[chief executive] shall decide on such action to be taken as may be considered appropriate in all the circumstances including, in the case of an employee, suspension with or without pay or termination of employ- ment. (c) The F237[chief executive] shall inform the elected council of the result of a consideration under paragraph (b). (5) Nothing in this section shall be read as prejudicing the Commission in carrying out the functions conferred on it by the Acts. Annotations Amendments: F237 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 147-153, S.I. No. 214 of 2014. Offences (Part 181.—(1) (a) Subject to subsection (3), a person is guilty of an offence where he or 15). she fails to comply with the requirements of section 171 or who, when claiming to comply with those requirements, gives particulars which are false or which to his or her knowledge are misleading in a material respect. (b) Proceedings for an offence under this subsection shall not be instituted except by or with the consent of the Director of Public Prosecutions. 235 PT. 15 S. 181 [No. 37.] Local Government Act 2001 [2001.] (2) A person guilty of an offence under subsection (1) is liable— (a) on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both, (b) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both. (3) In any proceedings for an offence under subsection (1) it is a good defence for the defendant to prove that at the relevant time he or she believed in good faith, and upon reasonable grounds, that— (a) the relevant particulars were true, (b) there was no matter as regards which he or she was then required to make a declaration under section 171, or (c) the matter in relation to which the offence is alleged was not one as regards which he or she was so required to make such declaration. (4) (a) Subject to subsection (6), a person is guilty of an offence where he or she fails to comply with any of the requirements of section 177, 178 or 179 or who, when claiming to comply with those requirements, gives particulars which are false or which to his or her knowledge are misleading in a material respect. (b) Proceedings for an offence under this subsection shall not be instituted except by or with the consent of the Director of Public Prosecutions. (5) A person guilty of an offence under subsection (4) is liable— (a) on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both, (b) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both. (6) In any proceedings for an offence under subsection (4) it is a good defence for the defendant to prove that at the time of the alleged offence he or she did not have actual knowledge and had no reason to believe that a matter in which, or in relation to which, he or she or a connected person had a beneficial interest had arisen or had come before the local authority concerned, or was being considered by it or by a committee or joint body of the local authority, as may be appropriate, or that the beneficial interest to which the alleged offence relates was one in relation to which a requirement of section 177, 178 or 179 applied. (7) Summary proceedings for an offence under this Part may be brought by the local authority concerned, subject to subsection (1)(b) or (4)(b). (8) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Part may be commenced— (a) at any time within 12 months from the date on which the offence was committed, (b) at any time within 6 months from the date on which evidence sufficient, in the opinion of the local authority by whom the proceedings are initiated, to justify the proceedings, comes to such authority’s knowledge, whichever is the later, but no such proceedings shall be initiated later than 5 years from the date on which the offence concerned was committed. 236 PT. 15 S. 182 [No. 37.] Local Government Act 2001 [2001.] Consequences of 182.—(1) (a) Where a person is convicted of an offence under section 181 (which failure to comply relates to section 171, 177, 178 or 179) that person is disqualified from with sections 171, 177, 178 and 179. being elected or co-opted to or from being a member of a local author- ity. (b) A disqualification arising under paragraph (a) commences— (i) where no appeal is taken against the conviction, when the time limit for taking an appeal has passed, or (ii) where an appeal is taken against the conviction and the appeal is disallowed, from the determination of the appeal, and the disqualification shall be for 5 years from the date of conviction or determination of the appeal, as the case may be. (2) Where a person contravenes or fails to comply with a requirement of section 171, 177, 178 or 179 or acts as a member of a local authority, committee, joint committee or joint body of a local authority while disqualified for membership by virtue of this section, the fact of such contravention or failure or of his or her so acting, as the case may be, does not invalidate any act or proceeding of the authority, committee, joint committee or joint body concerned. PART 16 L AND Land disposals, 183.—(1) The following provisions have effect in relation to any proposed disposal notification of (not being by demise for a term not exceeding one year) of land which is held by a members. local authority: (a) notices shall be sent or delivered to the members of the local authority giving particulars of— (i) the land, (ii) the name of the person from whom such land was acquired, if this can be ascertained by reasonable inquiries, (iii) the person to whom the land is to be disposed of, (iv) the consideration proposed in respect of the disposal, (v) any covenants, conditions or agreements to have effect in connection with the disposal; (b) at the first meeting of the local authority held after the expiration of 10 days after the day on which such notices are sent or delivered, the local authority may resolve that the disposal shall not be carried out or that it shall be carried out in accordance with terms specified in the resolution; (c) if the local authority resolves by virtue of paragraph (b) that the disposal shall not be carried out, it shall not be carried out; (d) if the local authority does not pass a resolution pursuant to paragraph (b), the disposal may be carried out; (e) if the local authority resolves by virtue of paragraph (b) that the disposal shall be carried out in accordance with terms specified in the resolution, the disposal may be carried out in accordance with those terms; 237 PT. 16 S. 183 [No. 37.] Local Government Act 2001 [2001.] (f) the disposal shall not be carried out otherwise than in accordance with para- graph (d) or (e) and subject to the consent of the Minister where consent is required under section 211(2) of the Act of 2000. (2) Section 90 (inserted by section 26 of the Housing (Miscellaneous Provisions) Act, 1992) of the Housing Act, 1966, is amended by the substitution of the following for subsection (4): “(4) (a) Subject to any regulations made under this section, section 183 of the Local Government Act, 2001, shall apply in relation to the sale of a dwelling under subparagraph (ii) or (iii) of paragraph (a), or paragraph (b), of subsection (1) of this section but shall not otherwise apply to the sale of a dwelling under this section. (b) This subsection is without prejudice to the application of section 183 of the Local Government Act, 2001, to the disposal of land by a housing authority under section 211 of the Planning and Development Act, 2000, and for the purposes of this paragraph ‘land’ does not include a dwelling.”. Annotations Modifications (not altering text): C40 Prospective affecting provision: application of section restricted by Housing (Miscellaneous Provi- sions) Act 2009 (22/2009), s. 27, not commenced as of date of revision. Non-application of certain provisions to disposals for purposes of this Chapter. 27.— Section 211(2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the disposal, for any of the purposes of this Chapter, of land or a dwelling by a housing authority. ... C41 Application of section restricted (18.06.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 83(5), S.I. No. 206 of 2018. Affordable dwelling purchase arrangements. 83.— ... (5) Section 211(2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a dwelling to an eligible household under an affordable dwelling purchase arrangement. C42 Application of section restricted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 25(4), S.I. No. 482 of 2015. Sale of house to tenant 25.— ... (4) Section 211(2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a house under this Part. C43 Application of section restricted (25.12.2015) by Harbours Act 2015 (61/2015), s. 16(1)(b), commenced on enactment. Provisions with respect to sale, leasing and acquisition of land by transferred company 16. (1) ... (b) Section 183 of the Local Government Act 2001 does not apply to any decision by the directors of a transferred company made under paragraph (a). ... 238 PT. 16 S. 183 [No. 37.] Local Government Act 2001 [2001.] C44 Application of section restricted (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 12(9), S.I. No. 575 of 2013. Transfer of property of water services authorities 12.— ... (9) Section 183 of the Act of 2001 shall not apply to the vesting of land under this section. ... C45 Application of section restricted (1.01.2012) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 64(10), S.I. No. 680 of 2011. Sale by housing authority of apartments to tenants. 64.— ... (10) Section 211(2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of an apartment to a tenant in accordance with this Part. C46 Application of section restricted (1.01.2010) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 45(5), S.I. No. 540 of 2009. Sale of dwelling by incremental purchase arrangement. 45.— ... (5) Section 211(2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a dwelling to an eligible household under this section. Editorial Notes: Exercise of 184.—(1) Without prejudice to the generality or application of section 210, 211 or certain land func- 213 of the Act of 2000, the functions conferred on a local authority by section 11(7)(a) tions. shall— (a) as regards the acquisition of land be construed in accordance with section 213 of the Act of 2000, (b) as regards the disposal of land be construed in accordance with section 211 of the Act of 2000, and section 210 of the Act of 2000 shall apply as regards the appropriation of land. (2) For the avoidance of doubt it is hereby declared that the functions conferred on a local authority by section 213(2)(a) of the Act of 2000 may be performed in relation to any easement, way-leave, water right or other right to which that paragraph applies granted by or held from the local authority acquiring the land and “acquisition of land” shall be construed accordingly for the purposes of that Act. (3) In this section “local authority” includes a joint body. PART 17 E STABLISHMENT OF N EW T OWN C OUNCILS , ETC . Establishment of 185.—F238[...] town council. 239 PT. 17 S. 185 [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F238 Part 17 (ss. 185-187) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1), 25(4)(d) and sch. 1 part 1 ref. 154, S.I. No. 214 of 2014. First election to 186.—F239[...] town council. Annotations Amendments: F239 Part 17 (ss. 185-187) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1), 25(4)(d) and sch. 1 part 1 ref. 154, S.I. No. 214 of 2014. Dissolution of 187.—F240[...] town council. Annotations Amendments: F240 Part 17 (ss. 185-187) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1), 25(4)(d) and sch. 1 part 1 ref. 154, S.I. No. 214 of 2014. F241[ PART 18 P LACENAMES Interpretation. 188.— In this Part— F242[‘functional area’ means as respects— (a) a city council, the city, (b) a county council, the county, (c) a city and county council, the city and county;] F242[‘locality’ means a part (other than a town, townland or street) of a county, city, city and county, or town in respect of which a name (other than the name of the county, city, city and county, or town concerned) is in common use;] F243[...] F242[‘placename’ includes the name of a county, city, city and county, town, village, barony, parish, townland, street or locality, district, region or place, as described in a map produced by Ordnance Survey Ireland;] ‘qualified elector’ means a person who, in relation to a place (including a street) to which a placename applies, is registered as a local government elector in the register of electors for the time being in force; 240 PT. 18 S. 188 [No. 37.] Local Government Act 2001 [2001.] ‘street’ includes— (a) part of a street, and (b) a road, square, lane or any other public place or part thereof.] Annotations Amendments: F241 Substituted (7.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 446 of 2011. F242 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 155, 156, 158, S.I. No. 214 of 2014. F243 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 157, S.I. No. 214 of 2014. F244[ Changing of 189.— (1) A F245[local council] may, in relation to a place situated within its func- placename. tional area, by resolution passed by not less than half of the members standing elected or coopted for the time being to that F245[local council] adopt a proposal to substitute a new placename (in this section referred to as the ‘proposed new place- name’) for the then existing placename in respect of that place. (2) The boundary of the place to which a proposal adopted under subsection (1) applies shall be described in that proposal whether by reference to a map or otherwise. (3) A proposal adopted under subsection (1) shall specify the proposed new place- name in the Irish language only or in both the Irish language and the English language. (4) Where a F245[local council] adopts a proposal under subsection (1) it shall— (a) notify such persons, or persons belonging to such class of person, as may be prescribed by regulations made by the Minister of the adoption of the proposal, and (b) publish a public notice of the proposal inviting submissions in writing from members of the public in relation thereto not later than 2 months from the date of the publication of the notice. (5) A person who receives a notification under paragraph (a) of subsection (4) shall be entitled to make submissions in writing to the F245[local council] that gave the notification in relation to the proposal concerned not later than 2 months from the date of the notification. (6) A F245[local council] shall consider any submissions received by it in accordance with a notification under paragraph (a) of subsection (4) or a notice under paragraph (b) of that subsection. (7) After considering any submissions referred to in subsection (6), a F245[local council] may, by resolution passed by not less than half of the members standing elected or coopted for the time being to that F245[local council] decide— (a) to hold a ballot of the qualified electors registered in the place to which the proposed new placename applies in respect of the proposed new placename or such alternative to the proposed new placename as it considers appropri- ate, or (b) not to proceed with the proposal to change the placename of the place concerned. 241 PT. 18 S. 189 [No. 37.] Local Government Act 2001 [2001.] (8) A ballot to which subsection (7) applies shall be in secret and shall be conducted in accordance with regulations made by the Minister. (9)(a) Subject to subsection (3) of section 192, if a majority of the votes cast at a ballot held pursuant to a decision under subsection (7) is in favour of the proposed new placename concerned the Cathaoirleach of the F245[local council] concerned shall make a declaration stating that, from such date (determined in accordance with paragraph (b)) as is specified in the declara- tion, that proposed new placename shall become and be the placename in respect of the place concerned. (b) Where the Cathaoirleach of a F245[local council] makes a declaration under this subsection, the placename specified in the declaration shall— (i) if the declaration is made not less than 3 months before the 1st day of January next following the declaration, become and be the placename in respect of the place concerned from the said 1st day of January, or (ii) in any other case, become and be the placename in respect of the place concerned from the first anniversary of the said 1st day of January. (c) Every declaration under this subsection shall be published in such manner as may be prescribed by regulations made by the Minister and shall be notified in writing to such persons, or persons belonging to such class of person, as may be so prescribed. (d) Every declaration under this subsection shall be published in Iris Oifigiúil, as soon as may be after its making. (10) This section shall not apply to the townland, civil parish, non-municipal town or electoral division referred to in section 191.] F246[(11) In this section ‘local council’, in relation to a local authority, means the local authority or the municipal district members in respect of each municipal district within the area of such local authority.] Annotations Amendments: F244 Substituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 23 of 2019. F245 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(8) and sch. 2 part 6, commenced as per s. 1(23) and S.I. No. 216 of 2014. F246 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(8) and sch. 2 part 6, commenced as per s. 1(23) and S.I. No. 216 of 2014. F247[ Change of 190.— (1) (a) A local authority may, in relation to a place that is situated— placename of place situated in (i) in its functional area, and more than one local authority area. (ii) in the functional area of another local authority or the functional areas of other local authorities, by resolution passed by not less than half of the members standing elected or coopted for the time being to the first-mentioned local authority, propose to substitute a new placename (in this section referred to as the ‘proposed new placename’) for the then existing placename in respect of that place. 242 PT. 18 S. 190 [No. 37.] Local Government Act 2001 [2001.] (b) A proposal referred to in paragraph (a) shall stand adopted by the local authority first-mentioned in that paragraph upon the passing, in accordance with paragraph (c), of a resolution by each other local authority within whose functional area part of the place concerned is also situated consenting to the adoption of the proposal. (c) A resolution referred to in paragraph (b) shall be passed by not less than half of the members standing elected or coopted for the time being to the local authority concerned. (2) The boundary of the place to which a proposal adopted under subsection (1) applies shall be described in that proposal whether by reference to a map or otherwise. (3) A proposal adopted under subsection (1) shall specify the proposed new place- name in the Irish language only or in both the Irish language and the English language. (4) Where a proposal stands adopted under subsection (1), each local authority shall, in respect of that part of the place situated in its functional area— (a) notify such persons, or persons belonging to such class of person, as may be prescribed by regulations made by the Minister of the adoption of the proposal, and (b) publish a public notice of the proposal inviting submissions in writing from members of the public in relation thereto not later than 2 months from the date of the publication of the notice. (5) A person who receives a notification under paragraph (a) of subsection (4) shall be entitled to make submissions in writing to the local authority that gave the notifi- cation in relation to the proposal concerned not later than 2 months from the date of the notification. (6) A local authority shall consider any submissions received by it in accordance with a notification under paragraph (a) of subsection (4) or a notice under paragraph (b) of that subsection. (7) After considering any submissions referred to in subsection (6), each local authority concerned may, by resolution passed by not less than half of the members standing elected or coopted for the time being to that local authority decide— (a) to hold a ballot of the qualified electors registered in the place to which the proposed new placename applies in respect of the proposed new placename or such alternative to the proposed new placename as the local authorities concerned consider appropriate, or (b) not to proceed with the proposal to change the placename of the place concerned. (8) A ballot to which subsection (7) applies shall be in secret and shall be conducted in accordance with regulations made by the Minister. (9) (a) Subject to subsection (3) of section 192, if a majority of the votes cast at a ballot held pursuant to a decision under subsection (7) is in favour of the proposed new placename concerned the Cathaoirligh of the local authorities concerned shall jointly declare that, from such date (determined in accordance with paragraph (b)) as is specified in the declaration, that proposed new placename shall become and be the placename in respect of the place concerned. (b) Where the Cathaoirligh of the local authorities concerned make a declaration under this subsection, the placename specified in the declaration shall— 243 PT. 18 S. 190 [No. 37.] Local Government Act 2001 [2001.] (i) if the declaration is made not less than 3 months before the 1st day of January next following the declaration, become and be the placename in respect of the place concerned from the said 1st day of January, or (ii) in any other case, become and be the placename in respect of the place concerned from the first anniversary of the said 1st day of January. (c) Every declaration under this subsection shall be published in such manner as may be prescribed by regulations made by the Minister and shall be notified in writing to such persons, or persons belonging to such class of person, as may be so prescribed. (d) Every declaration under this subsection shall be published in Iris Oifigiúil, as soon as may be after its making.] Annotations Amendments: F247 Substituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 23 of 2019. F248[ Daingean 191.— (1) The townland, civil parish, electoral division and non-municipal town Uí Chúis. that, immediately before the commencement of this section, was known (pursuant to the Order of 2004) as An Daingean shall, from such commencement, be known, in the Irish language, as Daingean Uí Chúis and, in the English language, as Dingle. (2) The Order of 2004 is amended by the deletion— (a) of the text in columns (1) and (2) of Caibidil 1 of Roinn A of Cuid 4 at reference number 171, (b) of the text in columns (1) and (2) of Caibidil 2 of Roinn A of Cuid 4 at reference number 4, and (c) of the text in columns (1) and (2) of Caibidil 4 of Roinn A of Cuid 4 at reference number 11. (3) In this section ‘Order of 2004’ means the An t-Ordú Logainmneacha (Ceantair Ghaeltachta) 2004 (S.I. No. 872 of 2004).] Annotations Amendments: F248 Substituted (7.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 446 of 2011. F249[ General 192.— (1) The consideration of submissions received under this Part shall be a provisions relat- reserved function. ing to change of names. (2) A local authority shall, in adopting a proposal under section 189 or 190 have regard to local traditions. (3) (a) If a majority of the votes cast at a ballot held pursuant to a decision under subsection (7) of section 189 or subsection (7) of section 190 in relation to a place in a Gaeltacht area is in favour of the proposed new placename concerned, the Minister for Arts, Heritage and Gaeltacht Affairs shall make an order declaring that, from such date (determined in accordance with 244 PT. 18 S. 192 [No. 37.] Local Government Act 2001 [2001.] paragraph (b)) as is specified in the order, that proposed new placename shall become and be the placename in respect of the place concerned. (b) Where the Minister for Arts, Heritage and Gaeltacht Affairs makes an order under this subsection, the placename to which the declaration in the order relates shall— (i) if the order is made not less than 3 months before the 1st day of January next following the order, become and be the placename of the place concerned from the said 1st day of January, or (ii) in any other case, become and be the placename of the place concerned from the first anniversary of the said 1st day of January. (c) Every order under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. (4) Where the Minister for Arts, Heritage and Gaeltacht Affairs makes an order under subsection (3), any provision of an order made under section 32 of the Official Languages Act 2003 in force immediately before the making of the first-mentioned order shall stand revoked in so far only as it conflicts with the first-mentioned order. (5) (a) The Minister may make regulations for the purposes of this Part. (b) Without prejudice to the generality of paragraph (a), regulations under that paragraph may make provision in relation to the bearing of the costs incurred by local authorities in the performance of their functions under section 190 or as a consequence of the substitution of a placename under that section. (6) In this section ‘Gaeltacht area’ has the same meaning as it has in the Official Languages Act 2003.] Annotations Amendments: F249 Substituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 23 of 2019. F250[ Display of 193.— A local authority may cause the placename of a street or other place to be name of street or displayed on a conspicuous part of any building, structure or land located on that place. street or at that place.] Annotations Amendments: F250 Substituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 23 of 2019. F251[ Construc- 194.— (1) Where a declaration under section 189 or 190 is made in respect of a tion of refer- place— ences. 245 PT. 18 S. 194 [No. 37.] Local Government Act 2001 [2001.] (a) references in any enactment, instrument or other document to the placename of that place applicable immediately before the date specified in the decla- ration in accordance with subsection (9) of section 189 or subsection (9) of section 190, as the case may be, shall, from that date, be construed as references to the placename specified in that declaration, and (b) references in any proceedings (civil or criminal) pending immediately before that date to the placename first-mentioned in paragraph (a) shall, from that date, be construed as references to the placename second-mentioned in that paragraph. (2) Where an order under section 192 is made in respect of a place— (a) references in any enactment, instrument or other document to the placename of that place applicable immediately before the date specified in the order in accordance with subsection (3) of that section shall, from that date, be construed as references to the placename specified in that order, and (b) references in any proceedings (civil or criminal) pending immediately before that date to the placename first-mentioned in paragraph (a) shall, from that date, be construed as references to the placename second-mentioned in that paragraph.] F252[(3) (a) References in any enactment, instrument or other document to An Daingean shall, from the commencement of section 191, be construed as references to Daingean Uí Chúis. (b) References in any proceedings (civil or criminal) pending immediately before the commencement of section 191 to An Daingean shall, from such commencement, be construed as references to Daingean Uí Chúis.] Annotations Amendments: F251 Substituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 23 of 2019. F252 Substituted (7.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 446 of 2011. Changing of name 195.—F253[...] of locality situat- ed in more than one local authori- ty area. Annotations Amendments: F253 Deleted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 23 of 2019. General provi- 196.—F254[...] sions relating to change of names. 246 PT. 18 S. 196 [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F254 Deleted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 23 of 2019. Display of name 197.—F255[...] of street, etc. Annotations Amendments: F255 Deleted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 23 of 2019. PART 19 B YE -L AWS Interpretation 198.—(1) In this Part, except where the context otherwise requires— (Part 19). “appropriate Minister”, in relation to any matter, means the Minister of the Government on whom functions stand conferred or who has general responsibility in respect of or connected to the matter in question; F256[‘functional area’ means as respects— (a) a city council, the city, (b) a county council, the county, (c) a city and county council, the city and county;] (2) In this Part, except where the context otherwise requires, a reference to a bye- law is a reference to a bye-law made, or deemed to have been made, under this Part. Annotations Amendments: F256 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 159, S.I. No. 214 of 2014. Power to make 199.—(1) Subject to subsection (7), a local authority may make a bye-law for or in bye-law. relation to the use, operation, protection, regulation or management of any land, services, or any other matter provided by or under the control or management of the local authority, whether within or without its functional area or in relation to any connected matter. (2) (a) Subject to this subsection and subsection (7), a local authority may make a bye-law where in its opinion it is desirable in the interests of the common good of the local community— 247 PT. 19 S. 199 [No. 37.] Local Government Act 2001 [2001.] (i) that any activity or other matter should be regulated or controlled by bye- law, or (ii) that any nuisance should be controlled or suppressed by bye-law. (b) A bye-law may not be made under this subsection for a purpose as respects which provision for that particular purpose is made by or under any other enactment or may be made under such enactment. (3) Any bye-law may include such provisions as the local authority considers appropriate for its effective application, operation and enforcement and generally to achieve the purposes for which it is made, including— (a) its application at all times or at specified times; (b) its application throughout the functional area of the local authority or in any specified part of that functional area; (c) the prohibition of any activity, matter or thing; (d) the prescription of specified standards or requirements for, or in relation to, specified activities, matters or things; (e) the exception of classes of persons or things from the bye-law either subject to or without compliance with specified conditions; (f) the conduct of persons at specified places or in specified circumstances; (g) the issue of licences or other authorisations by the local authority subject to or without condition and to have effect permanently or for a specified period; (h) the payment of a fee or charge at a specified time by any person in respect of any specified matter governed by a bye-law; (i) the specification of a fine for a contravention of a specified provision of a bye- law as provided by section 205; (j) the specification of a fixed payment as an alternative to a prosecution for a contravention of a specified provision of a bye-law as provided for by section 206. (4) (a) A local authority may, subject to this Part, amend any bye-law made by it. (b) A local authority may revoke any bye-law made by it with effect from such day as is specified in the resolution. (5) The approval of a draft bye-law, the consideration of submissions in relation to such draft bye-law and the making, amendment or revocation of a bye-law, are each reserved functions. (6) The power of a local authority to make a bye-law in respect of its functional area includes a power to make a bye-law in respect of the foreshore and of coastal waters adjoining that functional area and with the agreement of any other local authority, of the coastal waters adjoining the functional area of that other local authority. (7) The appropriate Minister may by regulation prescribe matters or classes of matters in respect of which local authorities are not entitled to make a bye-law. (8) (a) Where, for given reasons, the appropriate Minister considers that a bye-law or any provision of it is objectionable and so notifies the local authority in writing then, if the local authority does not revoke or amend the bye-law in conformity with the notice, that Minister may by order under this subsection do so with effect from a specified day. 248 PT. 19 S. 199 [No. 37.] Local Government Act 2001 [2001.] (b) Section 4(4)(c) applies to an order made under paragraph (a). Procedure for 200.—(1) Not less than 2 months before a local authority makes a bye-law, the local making bye-law. authority shall publish a notice in one or more newspapers circulating in the area to which the proposal relates— (a) indicating that it is proposed to make a bye-law and stating its general purpose and where appropriate, that provision is to be made for the imposition of fixed payments in accordance with section 206, (b) indicating the times at which and the period, which shall be not less than one month, during which a copy of the draft bye-law will be available for public inspection, at such place as is specified in the notice, (c) stating that a copy of the draft bye-law will be given to any person applying for it on payment of such specified sum, if any, as the local authority may have fixed, (d) stating that the local authority will consider any submissions in relation to the draft which are submitted to the authority in writing by any person before such date as may be specified, not being less than 7 days after the end of the period for inspection of the draft bye-law, and (e) where a bye-law is subject to the approval of the appropriate Minister the notice shall comply with section 201(2)(b). (2) (a) During the period indicated under subsection (1)(b), the local authority shall keep a copy of the draft bye-law open for public inspection, during ordinary office hours at the place specified in the notice and any person may apply for a copy of it. (b) A copy of the draft bye-law may be obtained by any person on the payment to the local authority concerned of such fee (if any) as the local authority fixes not exceeding the reasonable cost of copying it. (3) A local authority shall on, or as soon as may be after, the publication by it of a notice under subsection (1), send a copy of such notice together with a copy of the relevant draft bye-law to such persons as may be prescribed by regulations made by the Minister and different provisions may be prescribed for different classes of bye- law. (4) The local authority shall consider any submissions made to it under subsection (1) and not withdrawn and may then— (a) make the bye-law either in accordance with the draft or subject to such changes as the local authority may, at its discretion, determine, or (b) not make the bye-law. (5) (a) A bye-law made by a local authority, other than a bye-law to which section 201 applies, shall come into force on such date as shall be specified in the bye-law, which is not less than 30 days after its making. (b) A bye-law to which section 201 applies shall not come into force unless approved by the appropriate Minister under that section. Annotations Editorial Notes: E292 Power pursuant to section exercised (10.07.2006) by Local Government Act, 2001 (Bye-Laws) Regulations 2006 (S.I. No. 362 of 2006). 249 PT. 19 S. 201 [No. 37.] Local Government Act 2001 [2001.] Certain bye-laws 201.—(1) This section applies to a bye-law which by virtue of regulations under to be submitted subsection (2) is required to be submitted to the appropriate Minister. to appropriate Minister. (2) (a) The appropriate Minister may make regulations under this section for the purpose of designating any matter or classes of matters in relation to which a bye-law requires the approval of that Minister and any such bye-law made subsequent to the commencement of such regulations shall not come into operation unless so approved. (b) Subject to this section, section 200 applies to a bye-law to which this section applies but a notice to be published by the local authority under section 200(1) shall state that the bye-law to be made by the local authority is subject to the approval of the appropriate Minister and that the authority is required to submit all submissions which it receives to that Minister together with its comments (if any) on them. (3) A local authority shall, as soon as may be after the making under section 200 of a bye-law to which this section applies, submit a copy to the appropriate Minister together with a copy of any submissions made to the authority under section 200(1) and not withdrawn and any comments which it may wish to make on those submissions. (4) The appropriate Minister, having considered the documents submitted by the local authority under subsection (3), may— (a) approve the bye-law, or (b) approve the bye-law subject to such amendments as that Minister may incor- porate in it, or (c) refuse to approve the bye-law. (5) The appropriate Minister shall in approving a bye-law under this section endorse on it a statement that the bye-law has been so approved and shall specify the date on which it shall come into operation. Publication of 202.—(1) Notice of the making of a bye-law, or approval in the case of a bye-law bye-law. to which section 201 applies, and of the place where copies of the bye-law may be purchased or inspected shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the area to which the bye-law relates. (2) The notice referred to in subsection (1) shall include— (a) a statement of the general purposes for which the bye-law was made, (b) the date on which it comes into force, (c) a statement that a copy of the bye-law may be inspected, during ordinary office hours, at the principal offices of the local authority, and (d) a statement that a copy of the bye-law will be given to any person applying for it on payment of a specified fee, not exceeding the reasonable cost of making such copy. (3) (a) The local authority shall keep a copy of the bye-law open for public inspection during ordinary office hours at the principal offices of the local authority and any person may apply for a copy of it. (b) A copy of the bye-law may be obtained by any person on the payment to the local authority concerned of such fee (if any) as the local authority fixes not exceeding the reasonable cost of the making of a copy. (4) Failure to publish notice of the making of, or as appropriate, the approval of, or to make available a copy of, any bye-law does not invalidate that bye-law. 250 PT. 19 S. 202 [No. 37.] Local Government Act 2001 [2001.] (5) (a) Where a bye-law relates to the use, regulation or management of land provided by a local authority, a local authority shall endeavour to keep a notice displayed at or near such land that a bye-law applies to it. (b) Failure to provide or to keep a notice under paragraph (a) is not a defence in any prosecution for contravention of a provision of a bye-law. (6) A local authority shall maintain a register of bye-laws made by it under this Part and under Part VII of the Local Government Act, 1994, and the register shall— (a) be available for public inspection at the principal offices of the local authority during normal office hours, and (b) include the date of the coming into operation, the area of application, and an indication of the subject matter of all bye-laws made by the authority. Proof of bye-law. 203.—Whenever required so to do by any court, it is the duty of a local authority, to produce to that court a true copy of any bye-law and to verify the copy to that court by having endorsed on the copy a certificate signed by an employee (whose official position it is not necessary to prove) of the local authority, by which the bye- law was made and that court shall receive the copy in evidence and, accordingly, the copy as so certified is evidence of the bye-law unless the contrary is shown. Obstruction, etc. 204.—(1) In this section “authorised person” means a person authorised in writing of authorised by a local authority for the purpose of this section or, except in the case of subsection person. (4), a member of the Garda Síochána. (2) An authorised person may request any person who appears to be contravening or to have contravened a provision of a bye-law relating to any land, service or any other thing provided by or under the control or management of the local authority to leave such land or to refrain from any activity and may remove any person failing to comply with such request. (3) (a) A person who obstructs or impedes or refuses to comply with a request of an authorised person acting in the exercise of the functions conferred on an authorised person by this Part is guilty of an offence. (b) Where an authorised person is of the opinion that a person is committing or has committed an offence to which this section or section 205 relates, the authorised person may demand the name and address of such person and if that demand is refused or the person gives a name or address which is false or misleading, that person is guilty of an offence. (c) A person who is convicted of an offence under this subsection is liable on summary conviction to a fine not exceeding £1,500. (d) Where a member of the Garda Síochána is of the opinion that a person is committing or has committed an offence to which this section or section 205 relates, that member may arrest the person without warrant. (4) A person is not bound to comply with a request of an authorised person under this section unless the authorised person produces, if requested by the person, evidence of appointment as an authorised person for the purpose of this Part. Bye-law offences 205.—(1) A person who contravenes a provision of any bye-law is guilty of an offence and penalties. and is liable on summary conviction to a fine not exceeding £1,500 or such lesser amount as may be specified in the bye-law in respect of such contravention. (2) If the contravention of a provision of a bye-law is continued after conviction, the person causing the contravention is guilty of an offence on each day on which that contravention continues and is liable on summary conviction for each such offence 251 PT. 19 S. 205 [No. 37.] Local Government Act 2001 [2001.] to a fine not exceeding £100 or such lesser amount as may be specified in the bye- law in respect of such contravention. Fixed payment 206.—(1) A bye-law may provide for a person to be served with a notice, specifying notices. a fixed payment, not exceeding such amount as may be prescribed by regulations made by the Minister, in respect of a contravention of a bye-law as an alternative to a prosecution for the contravention and where the bye-law so provides it shall speci- fy— (a) the amount of the fixed payment, and (b) the period within which it must be paid in order to avoid prosecution. (2) A notice referred to in subsection (1) shall specify— (a) the name and address of the alleged offender, (b) in general terms the nature of the contravention alleged to have been committed, (c) the date and place of the alleged contravention, (d) the amount of the payment, (e) the period within which and the place where the fixed payment may be made, and (f) that the alleged offender is entitled to disregard the notice and defend a prosecution of the alleged contravention in court. (3) A fixed payment shall not exceed the maximum fine duly provided for in respect of the alleged contravention concerned. (4) Where a fixed payment has been duly paid in respect of an alleged contravention by a person, no proceedings shall be instituted against the person in respect of the alleged contravention. Annotations Editorial Notes: E293 Power pursuant to section exercised (10.07.2006) by Local Government Act, 2001 (Bye-Laws) Regulations 2006 (S.I. No. 362 of 2006). Prosecution of 207.—An offence under this Part may be prosecuted by the local authority which offences (Part made the relevant bye-law, by any other local authority acting on its behalf or by a 19). member of the Garda Síochána. Payments of fines 208.—All fines in respect of offences under this Part and all fixed payments to which and fixed section 206 relates shall be paid to the local authority by which the relevant bye-law payments. was made. Continuation in 209.—(1) Every bye-law made under Part VII of the Local Government Act, 1994, force of existing and subsisting at the commencement of this provision, shall continue in force as if bye-laws, etc. made under this Part and may be amended or revoked as if made under this Part. (2) Without prejudice to section 20 of the Interpretation Act, 1937, references in— (a) section 35 of the Waste Management Act, 1996, 252 PT. 19 S. 209 [No. 37.] Local Government Act 2001 [2001.] (b) section 89 of the Harbours Act, 1996, (c) section 13 of the Control of Horses Act, 1996, and (d) section 21(3) of the Litter Pollution Act, 1997, to Part VII of the Local Government Act, 1994, or any section of that Part shall be read as a reference to Part 19 of this Act or to the corresponding section of Part 19, as the case may be. (3) Notwithstanding the repeal by this Act of the Towns Improvement (Ireland) Act, 1854, sections 78 to 88 of that Act shall continue to apply and have effect and for that purpose any reference to bye-laws in the said section 88 shall be read as reference to a bye-law made under this Part. (4) Every bye-law made under section 30, 41 or 42(2) of the Local Government (Sanitary Services) Act, 1948, or under section 88 of the Towns Improvement (Ireland) Act, 1854, and subsisting at the commencement of this provision shall continue in force as if made under this Part and may be amended or revoked as if made under this Part. (5) For the avoidance of doubt it is hereby declared that any matter capable of being governed by a bye-law referred to in subsection (4) may be the subject of a bye-law made under this Part. (6) In so far as certain bye-laws continue to apply for certain purposes under section 22(2) of the Building Control Act, 1990, such bye-laws continue to so apply in accor- dance with that section. Power to apply 210.—(1) Without prejudice to section 3 or 4 the Minister may by regulations under (Part 19). this section in relation to any provision of any enactment which confers on a local authority a power to make bye-laws apply some or all of this Part and any such bye- law is subject to such provisions as are so applied and the provision of the relevant enactment shall be read accordingly. (2) The Local Government Act, 1994 (Bye-Laws) Regulations, 1999 (S.I. No. 78 of 1999), shall continue in force as if made under the corresponding provisions of this Act and may be amended or revoked accordingly. Amendment of 211.—(1) Section 17 of the Control of Dogs Act, 1986, as amended by the Control Control of Dogs of Dogs (Amendment) Act, 1992, is hereby amended by the substitution for that Act, 1986. section of the following— “17.—(1) A local authority may make bye-laws relating to the control of dogs within its functional area. (2) A bye-law under subsection (1) shall, subject to subsection (3), be made in accordance with, and read as if it was made under Part 19 of the Local Government Act, 2001. (3) Section 27(1)(d) and section 30 shall apply in respect of a bye-law under subsection (1) and paragraphs (h) and (i) of section 199(3) of the Local Government Act, 2001, and sections 205 to 208 of that Act shall not apply in respect of such bye-law. (4) Bye-laws under subsection (1) may, without prejudice to the generality of that subsection or of section 199(3) of the Local Government Act, 2001, make provision for all or any of the following matters: (a) specify areas in such part of the functional area of the local authority as may be specified in the bye-laws in which the person in charge of a dog shall be required to keep the dog on a leash, 253 PT. 19 S. 211 [No. 37.] Local Government Act 2001 [2001.] (b) specify areas in such part of the functional area of the local authority as may be specified in the bye-laws in which a dog, other than a dog being used by a blind person or by a person whose eyesight is so defective that the person is unable to find his or her way without guidance, shall not be allowed. (5) Bye-laws made under this section shall not apply to a dog being used— (a) in the execution of his or her duty by a member of the Garda Síochána, or (b) for such other purpose as the Minister may prescribe.”. (2) Section 27 of the Control of Dogs Act, 1986, as substituted by section 9 of the Control of Dogs (Amendment) Act, 1992, is amended by the substitution in subsection (2) of that section of “£1,500” for “£1,000”. (3) Section 28 of the Control of Dogs Act, 1986, as amended by section 10 of the Control of Dogs Act, 1992, is amended by the substitution in subsections (1) and (3) of “paragraph (a), (b), (c) or (d) of section 27(1) of this Act” for “paragraph (a), (b) or (c) of section 27(1) of this Act”. (4) Section 30 of the Control of Dogs Act, 1986, is amended by the addition of the following subsection: “(3) All fines in respect of offences under this Act shall be paid to the local authority in whose area the offence was committed.”. (5) Any bye-laws made under section 17 of the Control of Dogs Act, 1986, before the commencement of this provision shall continue in force and shall be deemed to have been made under section 17 of that Act as substituted by this section and may be amended or revoked accordingly. F257[ PART 19A E NTRY Y EAR P ROPERTY L EVY Definitions. 211A.— In this Part: ‘entry date’, in relation to qualifying property, means the date on which the first rateable valuation for that property is entered on the valuation list; ‘entry year’, in relation to qualifying property, means the financial year in which the property is first entered on a valuation list; ‘levypayer’, in relation to qualifying property, means the person liable to pay the levy in respect of that property under section 211B(6); ‘post-entry year’ means the financial year following the entry year for a qualifying property; ‘qualifying property’ means property that is subject to the levy under section 211B(1); ‘rating authority area’ has the same meaning as in the Valuation Act 2001; ‘relevant property’ has the same meaning as in the Valuation Act 2001.] 254 PT. 19A S. 211A [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F257 New Part 19A (ss. 211A-211F) inserted (24.12.2006) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 7, commenced on enactment. F258[ Entry year 211B.— (1) When newly erected or newly constructed relevant property comes property levy. into being in a rating authority area and the property is first entered on the valuation list relating to that area, the rating authority concerned shall impose and collect a levy in respect of that property in accordance with this section. (2) Property that is not rateable pursuant to section 15(2), (3) or (4) of the Valuation Act 2001 is not subject to the levy under subsection (1) of this section. (3) Subject to subsection (4), the amount of the levy under subsection (1) is to be determined by the formula (A x B) x (C/D) where A is the annual rate on valuation that was determined by the rating authority for the entry year pursuant to section 103(7)(b)(i), B is the rateable valuation of the property, C is the number of days remaining in the entry year, beginning with the entry date, and D is the total number of days in the entry year. (4) If qualifying property is unoccupied on the entry date, the amount of the levy is to be determined by applying the formula set out in subsection (3) and dividing that result by 2. (5) Notice of the levy shall be sent by post or otherwise delivered to the person liable to pay the levy for the qualifying property under subsection (6) (the ‘levypayer’) and the notice shall include the following information: (a) the amount of the levy; (b) the date by which the levy is due and payable and the manner in which it is to be paid. (6) The following are liable to pay the levy under this section: (a) the person who is in occupation of the qualifying property on the entry date; (b) if the qualifying property is unoccupied on the entry date, the person who owns the property on that date. (7) The date specified under subsection (5)(b) may not be less than 14 days from the date that the notice is sent under that subsection. (8) The levypayer shall pay the full amount of the levy to the rating authority by the date specified under subsection (5)(b). (9) The levy for which a levypayer is liable under this section is recoverable as a simple contract debt in any court of competent jurisdiction and, if there is more than one levypayer in respect of the qualifying property, those levypayers are jointly and severally liable for that levy. 255 PT. 19A S. 211B [No. 37.] Local Government Act 2001 [2001.] (10) A levy is not invalidated by any error or defect in the statement of the name of the levypayer in the notice under subsection (5) or by the use of the description ‘the owner’ or ‘the occupier’ without any name or addition, and the levy is recoverable from the levypayer notwithstanding any such error or defect or the use of any such description. (11) For the purposes of this section and section 211E, qualifying property is ‘unoccupied’ if the person who owns the property on the entry date (the ‘owner’) satisfies the rating authority that— (a) the owner was not occupying the property on that date, (b) no other person was entitled to the use or enjoyment of the property on that date, and (c) acting in good faith, the owner was genuinely unable to find a suitable tenant for the property at a reasonable rent.] Annotations Amendments: F258 New Part 19A (ss. 211A-211F) inserted (24.12.2006) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 7, commenced on enactment. F259[ Recalcula- 211C.— (1) If during the entry year qualifying property is demolished or destroyed tion of levy in to the extent that it is incapable of rateable occupation by the owner of the property, event of total destruction or the levypayer may apply in writing to the rating authority concerned for a refund or demolition of credit on the amount of the levy paid or payable under section 211B. property. (2) On receiving the application and being satisfied that the condition described in subsection (1) has been met, the rating authority shall prorate the amount of the levy that was paid or is payable for that portion of the entry year during which the prop- erty is incapable of rateable occupation and that prorated amount shall be— (a) refunded to the applicant levypayer, in the case where the levy has already been paid in full, (b) refunded to the applicant levypayer to the extent that any partial payment of the levy that has been made would result in an overpayment because of the application of this subsection, or (c) if paragraphs (a) and (b) do not apply, credited to the account of the applicant levypayer.] Annotations Amendments: F259 New Part 19A (ss. 211A-211F) inserted (24.12.2006) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 7, commenced on enactment. F260[ Recalcula- 211D.— (1) This section applies if— tion of entry year levy if rateable (a) the levypayer has paid the levy payable in respect of qualifying property under valuation amend- ed. section 211B, 256 PT. 19A S. 211D [No. 37.] Local Government Act 2001 [2001.] (b) the rateable valuation of the property changes during the entry year because of amendment to the valuation list described in section 28 of the Valuation Act 2001, and (c) the levypayer has not received a refund or credit under section 211C in respect of the property. (2) As soon as reasonably practicable after amendment of the rateable valuation of the property described in subsection (1), the entry-year levy for that property shall be recalculated by the rating authority under section 211B(3) or (4), as the case may be, using the same annual rate on valuation but the amended rateable valuation for the property, and the recalculated amount shall be prorated based on the number of days remaining in the entry year, beginning with the date that the rateable valuation is amended. (3) If, as a result of the recalculation under subsection (2), the payment of the levy described in subsection (1)(a) involved an overpayment, then the rating authority shall pay to the levypayer a refund in the amount of that overpayment. (4) If, as a result of the recalculation under subsection (2), the payment of the levy described in subsection (1)(a) involved an underpayment, then— (a) the levypayer is liable for the balance owing, (b) the balance owing may be recovered from the levypayer by the same means provided under section 211B, and (c) the provisions of section 211B(5) to (10) apply for the purposes of that recovery. (5) If— (a) the amended rateable valuation for the property referred to in subsection (2) is consequently the subject of an appeal under Part 7 of the Valuation Act 2001, and (b) after all appeals under that Part have been exhausted, the final rateable valuation of the property for the entry year is different than it was for purposes of the recalculation under subsection (2), the rating authority shall recalculate the entry-year levy for that property under section 211B(3) or (4), as the case may be, using the same formula applied in those provisions except where ‘B’ is now the final rateable valuation for the property referred to in paragraph (b) of this subsection. (6) If, as a result of recalculation under subsection (5), the amount of money paid by the levypayer in respect of the entry-year levy involved an overpayment or an underpayment, then— (a) in the case of an overpayment, subsection (3) applies, and (b) in the case of an underpayment, subsection (4) applies.] Annotations Amendments: F260 New Part 19A (ss. 211A-211F) inserted (24.12.2006) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 7, commenced on enactment. 257 PT. 19A S. 211E [No. 37.] Local Government Act 2001 [2001.] F261[ Post-entry 211E.— (1) If qualifying property is first entered on the valuation list relating to a year property rating authority area after the rating authority concerned determines the annual rate levy in specified circumstances. on valuation for the post-entry year pursuant to section 107(3)(b)(i), the rating authority shall impose and collect an additional levy in respect of that property in accordance with this section. (2) Subject to subsection (3), the amount of the levy under subsection (1) is to be determined by the formula A x B where A is the annual rate on valuation that was determined by the rating authority for the post-entry year pursuant to section 103(7)(b)(i), and B is the rateable valuation of the property. (3) If the property referred to in subsection (1) is unoccupied on the entry date, the amount of the levy is to be determined by applying the formula set out in subsection (2) and dividing that result by 2. (4) Notice of the levy shall be sent by post or otherwise delivered to the levypayer and the notice shall include the following information: (a) the amount of the levy; (b) the date by which the levy is due and payable and the manner in which it is to be paid. (5) The date specified under subsection (4)(b) may not be less than 14 days from the date that the notice is sent under that subsection. (6) The levypayer shall pay the full amount of the levy to the rating authority by the date specified under subsection (4)(b). (7) The provisions of section 211B(9) and (10) apply for purposes of recovery of the levy under this section and any references in those provisions to section 211B shall be construed as references to this section. (8) The provisions of section 211C apply in respect of a qualifying property that may be subject to the post-entry year levy under this section and, for that purpose, the following rules of construction apply: (a) any references in those provisions to section 211B shall be construed as references to this section; (b) any references in those provisions to ‘entry year’ shall be construed as references to ‘post-entry year’.] Annotations Amendments: F261 New Part 19A (ss. 211A-211F) inserted (24.12.2006) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 7, commenced on enactment. F262[ Recalcula- 211F.— (1) This section applies if— tion of post-entry year levy if rate- (a) the levypayer has paid the levy payable in respect of qualifying property under able valuation amended. section 211E, 258 PT. 19A S. 211F [No. 37.] Local Government Act 2001 [2001.] (b) the rateable valuation of the property changes during the post-entry year because of amendment to the valuation list described in section 28 of the Valuation Act 2001, and (c) the levypayer has not received a refund or credit in respect of the property pursuant to section 211E(8). (2) As soon as reasonably practicable after amendment of the rateable valuation of the property described in subsection (1), the post-entry year levy for that property shall be recalculated by the rating authority under section 211E(2) or (3), as the case may be, using the same annual rate on valuation but the amended rateable valuation for the property, and the recalculated amount shall be prorated based on the number of days remaining in the post-entry year, beginning with the date that the rateable valuation is amended. (3) If, as a result of the recalculation under subsection (2), the payment of the levy described in subsection (1)(a) involved an overpayment, then the rating authority shall pay to the levypayer a refund in the amount of that overpayment. (4) If, as a result of the recalculation under subsection (2), the payment of the levy described in subsection (1)(a) involved an underpayment, then— (a) the levypayer is liable for the balance owing, (b) the balance owing may be recovered from the levypayer by the same means provided under section 211E, and (c) the provisions of section 211E(4) to (7) apply for the purposes of that recovery. (5) If— (a) the amended rateable valuation for the property referred to in subsection (2) is consequently the subject of an appeal under Part 7 of the Valuation Act 2001, and (b) after all appeals under that Part have been exhausted, the final rateable valuation of the property for the post-entry year is different than it was for purposes of the recalculation under subsection (2), the rating authority shall recalculate the post-entry year levy for that property under section 211E(2) or (3), as the case may be, using the same formula applied in those provisions except where ‘B’ is now the final rateable valuation for the property referred to in paragraph (b) of this subsection. (6) If, as a result of recalculation under subsection (5), the amount of money paid by the levypayer in respect of the post-entry year levy involved an overpayment or an underpayment, then— (a) in the case of an overpayment, subsection (3) applies, and (b) in the case of an underpayment, subsection (4) applies.] Annotations Amendments: F262 New Part 19A (ss. 211A-211F) inserted (24.12.2006) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 7, commenced on enactment. PART 20 259 PT. 20 S. 212 [No. 37.] Local Government Act 2001 [2001.] P UBLIC L OCAL I NQUIRIES Power to hold 212.—(1) The Minister may cause such public local inquiries to be held as he or she public local may consider necessary or desirable— inquiries. (a) for the purposes of section 216(1)(a) or the functions conferred on him or her or by any other enactment, or (b) in relation to the performance of the functions of any local authority. (2) A public local inquiry under subsection (1) shall be conducted by a person (in this Part referred to as an “inspector”) appointed for that purpose by the Minister who shall, without prejudice to any specific requirements in the enactments referred to in subsection (1), prepare a report of the inquiry and submit it to the Minister. (3) For the purposes of a public local inquiry provided for by this section— (a) the Minister may, with the approval of the Minister for Finance, engage one or more persons having qualifications which, in the opinion of the Minister are relevant to the conduct of the inquiry and for the purposes of this Part such person or persons is deemed to be an inspector or inspectors, as the case may be, and (b) the Minister may pay to a person engaged under this subsection such remu- neration and allowances as the Minister with the consent of the Minister for Finance, determines. (4) The Minister may make regulations in relation to the conduct of a public local inquiry, the procedures at such an inquiry and the replacement of an inspector appointed to conduct an inquiry who dies, retires, resigns or is otherwise not available. Annotations Modifications (not altering text): C47 Functions transferred and references to “Department of Finance” and “Minister for Finance” in subs. (3) construed (29.07.2011) by Finance (Transfer of Departmental Administration and Minis- terial 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 Expen- diture 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 260 PT. 20 S. 212 [No. 37.] Local Government Act 2001 [2001.] ... Part 2 1922 to 2011 Enactments Number and Year Short Title Provision (1) (2) (3) ... ... ... Local Government Act 2001 Sections 66(7), 81(6), 92(2), 109(8), 169(1)(a), No. 37 of 2001 212(3) and 231(1) ... ... ... Power of inspec- 213.—(1) (a) An inspector appointed under section 212(2) to conduct a public local tor conducting a inquiry may take evidence on oath or on affirmation at the inquiry and, public local inquiry. for that purpose, he or she may administer oaths and affirmations. (b) A person giving evidence at an inquiry to which paragraph (a) relates is entitled to the same immunities and privileges as if he or she were a witness before the High Court. (c) A statement or admission made by a person before an inspector conducting a public local inquiry under this Part is not admissible in evidence against that person in any criminal proceedings other than proceedings in relation to an offence under subsection (4) or (5). (2) An inspector appointed to conduct a public local inquiry under this Part may require any employee or member of a local authority to give to him or her any infor- mation which he or she reasonably requires for the purposes of the inquiry, and it is the duty of such person to comply with such requirement. (3) (a) Subject to this section the inspector conducting a public local inquiry under this Part may require any person by notice in writing to do either or both of the following: (i) attend the inquiry at such place and time as is specified in the notice to give evidence in relation to any matter in question at such inquiry, and (ii) produce any books, receipts, deeds, contracts, accounts, vouchers, maps, plans, documents, or other data, information, materials or things in his or her possession, custody or control which relate to any such matter. (b) A notice under paragraph (a) may be served— (i) by delivering it to the person to whom it relates, or (ii) by sending it by post in a prepaid registered envelope addressed to that person at the address at which he or she ordinarily resides or, where an address for service has been furnished, at such address. (4) Where a person on whom a notice has been served under subsection (3)— (a) refuses or wilfully neglects to attend in accordance with such notice, (b) wilfully alters, suppresses, conceals or destroys any document or other infor- mation to which such notice relates, (c) or who, having so attended in accordance with such notice refuses to give evidence, (d) refuses or wilfully fails to produce any document or other information to which such notice relates, 261 PT. 20 S. 213 [No. 37.] Local Government Act 2001 [2001.] such person is guilty of an offence under this section and is liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both. (5) Where a person on whom a notice has been served under subsection (3) or any other person— (a) wilfully gives evidence which is material to the inquiry and which he or she knows to be false or does not believe to be true, (b) by act or omission, obstructs or hinders the inspector conducting the inquiry in performance of his or her functions, (c) refuses to take an oath or to make an affirmation when duly required by an inspector conducting the inquiry, (d) refuses to answer any question to which the inspector conducting an inquiry may legally require an answer, (e) does or omits to do any other thing and if such doing or omission would, if the inquiry had been the High Court, have been contempt of that Court, such person is guilty of an offence under this section and is liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both. (6) (a) For the purposes of an inquiry under this Part, an inspector at all reasonable times (subject to his or her producing, if so required, his or her authority in writing as such person)— (i) may, in the case of a dwelling with the consent of the occupier or any person appearing to the inspector to be in charge of the dwelling, enter and inspect the dwelling and do there all things reasonably necessary for the purpose for which the entry is made, and (ii) in the case of land which is not a dwelling, shall be entitled to enter and inspect, such land or any thing on, or under such land and do there all things reasonably necessary for the purpose for which the entry is made and, in particular may survey, make plans, borings or tests, take levels, make excavations, take samples and photographs and examine the depth and nature of the subsoil. (b) An inspector may take into any dwelling or onto any land which is not a dwelling such person or equipment as he or she considers necessary to assist him or her for any of the purposes referred to in paragraph (a). (7) (a) Where an inspector is refused entry to a dwelling or land which is not a dwelling and such entry would be for the purposes of the exercise of his or her functions under this section, the Minister may apply to the District Court for a warrant authorising such entry. (b) If on application being made to him or her under this subsection, a judge of the District Court is satisfied, on the sworn information of the applicant, that the inspector has been prevented from entering the dwelling or land concerned, the judge may issue a warrant under his or her hand authorising— (i) the inspector at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the dwelling or land concerned and exercise his or her functions under this section, and (ii) if the judge considers it appropriate so to provide, the inspector to be accompanied by members of the Garda Síochána when entering the dwelling or land concerned. 262 PT. 20 S. 213 [No. 37.] Local Government Act 2001 [2001.] (8) (a) If on a claim to the Minister it is shown that, as result of the exercise of any function under subsection (6), any person has suffered damage, that person is entitled to be paid by the Minister compensation in respect of the damage and the amount of damage may, in default of agreement, be determined by any court of competent jurisdiction. (b) A claim under this section shall be made within, but not after— (i) 6 months after the damage is suffered, or (ii) such longer period as the court may allow if it appears to the court that there are reasonable grounds for requiring a longer period and that it would be just and equitable to extend the period. (9) A person who obstructs or impedes or assists a person to obstruct or impede— (a) an inspector in performance of his or her functions under subsection (6) (other than a person to whom paragraph (a)(i) of that subsection relates unless subsection (7)(b) also applies), or (b) an inspector or a member of the Garda Síochána in performance of his or her functions under subsection (7)(b), is guilty of an offence under this section and is liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both. (10) Summary proceedings for an offence under this section may be brought by the Minister. Power to direct 214.—(1) Where a public local inquiry is held under this Part, the Minister may in payment of his or her absolute discretion direct the payment of such sum as he or she considers certain costs in relation to a reasonable by— public local inquiry, etc. (a) any local authority concerned in such inquiry to the Minister towards the costs incurred by the Minister in holding the inquiry including any payment made under section 213(8), (b) any local authority concerned in such inquiry to any person appearing at the inquiry towards the costs incurred by such person, other than costs of such nature as is provided for in subsection (3), (c) any person appearing at the inquiry to the Minister or to any local authority concerned in such inquiry towards the costs incurred by the Minister or by that authority. (2) A reference to costs in subsection (1) shall be read as a reference to such costs as the Minister may in his or her absolute discretion determine to be the reasonable costs and irrespective of any amount claimed to have been incurred. (3)(a) A local authority concerned in a local inquiry held by an inspector under this or any other enactment, shall, if so directed by the inspector, pay or tender to any person whose attendance at the inquiry such inspector requires by notice under section 213(3) reasonable subsistence and travelling expenses. (b) The expenses referred to in paragraph (a) shall be determined by that local authority in accordance with the rates for the time being applicable to senior local authority employees. (4) Where the Minister gives a direction under subsection (1) or an inspector under subsection (3) and a local authority or person the subject of the direction fails to pay such sum as may be specified in the direction to the Minister, to the local authority or other person, as the case may be, the Minister, local authority or that person (as 263 PT. 20 S. 214 [No. 37.] Local Government Act 2001 [2001.] may be appropriate) may recover such sum as a simple contract debt in any court of competent jurisdiction. (5) Nothing in section 153 shall operate to prejudice the separate appearance or representation, subject to the consent of the Minister, of a F263[chief executive] at a public local inquiry to which section 212(1)(a) applies in relation to a local authority for which he or she is F263[chief executive] and in such circumstances for the members of the local authority, subject to such consent, by resolution to engage and instruct representation on behalf of the local authority. Annotations Amendments: F263 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 160, S.I. No. 214 of 2014. PART 21 C ONSEQUENTIAL P ROVISIONS ON F AILURE TO P ERFORM F UNCTIONS Definitions (Part 215.—(1) In this Part— 21). “commissioner” means a person appointed as such by the Minister under section 218; “new election” has the meaning given by section 217(1)(a); “removal period” has the meaning given by section 217(1)(e); “section 10A” means section 10A (inserted by section 44 of the Local Government Act, 1994) of the City and County Management (Amendment) Act, 1955, as continued by section 113(2) of this Act. (2) In this Part every reference to a removal from office shall be read as a reference to a removal from office under section 216. Failure to 216.—(1) The Minister may be order remove from office the members of a local perform func- authority if and whenever— tions, etc. (a) the Minister, after holding a public local inquiry into the performance by a local authority of its functions, is satisfied that such functions are not being duly and effectually performed, or (b) a local authority refuses or neglects to comply with a judgement, order, or decree of any court, or (c) a local authority fails to comply with a requirement made by notification under subsection (1) of section 10A, within F264[14 days] after the date of notifica- tion, or (d) a local authority in the circumstances set out in subsection (6) of section 10A, adopts a revised estimate of expenses which is, in accordance with that section, insufficient, or (e) a local authority refuses or wilfully neglects to comply with any other express requirement which is imposed on it by or under any enactment including this Act, or 264 PT. 21 S. 216 [No. 37.] Local Government Act 2001 [2001.] (f) the members of a local authority are less in number than the quorum for meetings of such local authority. (2)(a) Where the members of a local authority are removed from office under this section, every person who immediately before the removal was a member of a linked body within the meaning of section 220 or of any other body and in either case by virtue of being nominated, elected or appointed by such local authority or by virtue of being the Cathaoirleach or by holding any other office or position relating to membership of such authority, shall cease also to be a member of the linked body or other body concerned. (b) Section 220 applies, as appropriate, to the linked body concerned. (3) The removal from office of the members of a local authority does not affect or in any way prejudice the continuity of the existence of that local authority as a corporate body by the title appropriate to it under this Act. (4) An order under subsection (1) may include all such things as the Minister considers necessary or expedient to enable a local authority whose members are removed from office to function duly and effectually and generally to enable this Part to have full force and effect. (5) Without prejudice to section 20 of the Interpretation Act, 1937, the reference in sections 16 and 17 of the Local Elections (Petitions and Disqualifications) Act, 1974, to Part IV of the Local Government Act, 1941, shall be read as a reference to this Part. Annotations Amendments: F264 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 161, S.I. No. 214 of 2014. Holding of new 217.—(1) (a) The Minister may, by order, subject to paragraph (b), fix a day for the election after holding of an election (in this Part referred to as a “new election”) of members removal of members. of any local authority of which the members have been removed from office and such election shall be held on that day. (b) A new election shall not be fixed for a day which is within 12 months of the period within which the next local elections fall to be held in accordance with section 26. (c) F265[...] (d) Where a day for the holding of a new election is not fixed under this subsection, then an election of the members of the local authority concerned shall be held on the day of the next local elections and such election shall for the purposes of this Part be deemed to be a new election. (e) The period between the removal of members from office and the day of coming into office of the members elected at a new election is referred to in this Part as the removal period. (2) The Minister may by order make such provision as may be necessary to provide for the coming into office of persons elected at a new election to which subsection (1)(d) does not apply; including provision for the annual meeting to be held following their coming into office, the business of such meeting and related matters. (3) Where a new election has been held in accordance with this Part the term of office of members elected at the new election shall expire to coincide with the next 265 PT. 21 S. 217 [No. 37.] Local Government Act 2001 [2001.] ordinary day of retirement of members of local authorities as referred to in section 17. Annotations Amendments: F265 Repealed (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(c), commenced on enactment. Appointment of 218.—(1) For the purposes of enabling a local authority whose members have been commissioners, removed from office to function during the removal period, the Minister shall from etc. time to time appoint any one or more persons to be the commissioner or commission- ers for any such local authority. (2) For the purposes of subsection (1), the Minister may— (a) remove any commissioner for a local authority appointed under this section and appoint another person to be commissioner for such local authority in his or her place, (b) where there are one or more commissioners appointed under this section for a local authority, appoint one or more persons to be additional commissioners for such local authority, (c) where there are 2 or more commissioners appointed under this section for a local authority, reduce the number of such commissioners and for that purpose remove one or more of such commissioners, (d) provide for a deputy to exercise the functions of a commissioners who by reason of ill-health or otherwise is absent, and (e) where there are 2 or more commissioners for a local authority, provide generally or as regards particular matters for the acting of such commissioners individually, collectively or by a majority. (3) The Minister may fix the tenure of office of any commissioner. (4) The Minister may direct the payment of remuneration or allowances for expenses to any commissioner and may fix its amount, and such remuneration or allowances as so fixed shall be paid out of revenues of the relevant local authority as part of its general expenses. Exercise of func- 219.—(1) (a) Subject to subsection (3), during the removal period every function tions by commis- which is a reserved function of such local authority or a function to be sioners. exercised by the Cathaoirleach shall be exercised or performed by the commissioner or commissioners for such local authority. (b) References in paragraph (a) to functions includes every permissive power to appoint a committee. (2) During the removal period any enactment restricting the membership of a committee in whole or in part to members of the local authority concerned shall stand suspended. (3) No commissioner or commissioners shall by virtue of being a commissioner or commissioners— (a) nominate a candidate for election to the office of President, (b) make nominations or vote in elections for Seanad Éireann, 266 PT. 21 S. 219 [No. 37.] Local Government Act 2001 [2001.] (c) apply for an alteration of the number of members of the local authority under section 22, or (d) exercise such other functions of a local authority as may be prescribed by regulations made by the Minister. Linked bodies. 220.—(1) In this section— “the appropriate Minister” means the Minister of the Government on whom functions stand conferred in relation to the linked body in question; F266[“linked body” means F267[a Regional Health Forum established under the Health Act 2004,] F268[an education and training board], a school attendance committee, a harbour board, a joint body and any other body— (a) which is required by law to be composed wholly or partly of persons nominated, elected or appointed by a local authority or by 2 or more local authorities, or (b) which is required by law to include one or more persons, who hold membership of such linked body by virtue of being Cathaoirleach or by holding any other office or position relating to membership of a local authority.] (2) Where the members of a local authority are removed from office under this Part, the Minister may, after consultation with the appropriate Minister, make an order under this section in relation to any linked body affected by such removal in so far as the Minister thinks necessary or expedient for securing that the body concerned shall function notwithstanding such removal and, in particular, such order may provide— (a) where the linked body concerned is required by law to be composed wholly of persons nominated, elected or appointed by the local authority concerned, either— (i) for the transfer of the functions of that linked body to the commissioner or commissioners for that local authority and for the exercise and performance of such functions directly by that commissioners or those commissioners, or (ii) for such provision as he or she thinks necessary or expedient for the appointment of the members of that linked body, including— (I) the appointment of particular persons to be members, and (II) reducing the number of the members and the quorum of that linked body, and (b) where the linked body concerned is required by law to be composed in part only of persons nominated, elected or appointed by the local authority concerned, for such provision as he or she thinks proper for filling all or any of those places in the membership of that linked body which are required by law to be filled by persons nominated, elected or appointed by such local authority, including— (i) appointing a particular person or persons to fill such places, and (ii) reducing the number of such places and, in consequence of such reduction, reducing the total number of members and the quorum of such body. (3) During the removal period any enactment restricting the membership of a linked body in whole or in part to members of the local authority concerned shall stand suspended. 267 PT. 21 S. 220 [No. 37.] Local Government Act 2001 [2001.] (4) The continuity of the existence of a linked body as a corporate body shall not be affected by the exercise of the power conferred on the Minister under this Part. Annotations Amendments: F266 Inserted (15.06.2004) by Health (Amendment) Act 2004 (19/2004), s. 26, S.I. No. 378 of 2004. F267 Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 pt. 21 item 4, S.I. No. 887 of 2004, art. 2(i). F268 Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 37, S.I. No. 211 of 2013. Editorial Notes: E294 Previous affecting provision: definition of “linked body” inserted (15.06.2004) by Health (Amend- ment) Act 2004 (19/2004), s. 26, S.I. No. 378 of 2004; superseded as per F-note above. PART 22 M ISCELLANEOUS Annual report. 221.—(1)(a) Not later than the 30th day of June in each year F269[every local authority] shall each prepare and adopt a report (to be known as the annual report) in relation to the performance of its functions during the preceding year and shall as soon as may be furnish a copy of the annual report to each member of F269[the local authority concerned] and to such other persons as it may consider appropriate. (b) A draft of the annual report shall be submitted to the members of F269[the local authority concerned] not later than the 30th day of April in each year. (2) An annual report of a F269[local authority] shall include the following: (a) particulars of the policies, programmes, services and other activities undertaken by the F269[local authority]; F269[(b) such particulars as are required by sections 48, 66, 66G, 49A(7), 75, 76, 126D(9), 134, 134A(6) and 228;] (c) such particulars as may be required by a provision of any other enactment; (d) particulars in relation to any acts adopted or orders, byelaws, rules or other instruments made under statute by resolution of the members of the F269[local authority] during the year to which the annual report relates; and F270[(dd) particulars of— (i) the expenditure incurred by the F269[local authority] in performing its functions relating to civil defence, and (ii) gifts received by the F269[local authority] during the year to which the report relates in connection with the performance of those functions;] (e) such other particulars (including financial statements) as the F269[local authority] may determine or as may be directed by the Minister. 268 PT. 22 S. 221 [No. 37.] Local Government Act 2001 [2001.] F269[(3)(a) The adoption by a county council or city council of its annual report is a reserved function. (b) The approval of information to be included in an annual report in relation to the performance of functions by municipal district members is a reserved function.] (4)(a) Copies of the annual report of a F269[local authority] shall be made available— (i) at its principal offices during normal office hours for inspection or purchase by members of the public, and (ii) in public libraries within the county or city concerned. (b) The purchase price for the annual report of a F269[local authority] may be determined by the F269[local authority] concerned. (c) A F269[local authority] shall give public notice of the date from which an annual report will be so made available in accordance with paragraph (a). F269[(5) An annual report prepared by a county council or a city and county council shall include information in relation to the performance of functions by the municipal district members in respect of each municipal district situated within its county or city and county, as the case may be.] Annotations Amendments: F269 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 162-169, S.I. No. 214 of 2014. F270 Inserted (31.12.2012) by Civil Defence Act 2012 (51/2012), s. 13, commenced as per ss. 2 and 18(3), S.I. No. 570 of 2012). Returns, informa- 222.—A local authority shall provide the Minister with such periodic or other returns tion to Minister. or other information regarding the performance of its functions as he or she may from time to time require. Electoral divi- 223.—(1) The Minister may by regulations divide the area of any F271[local sions. authority] into areas to be known as electoral divisions and may vary the name of any such division or make adjustments to the boundaries of any such division or divisions. (2) Any reference in any enactment to a district electoral division or a ward shall be read as a reference to an electoral division. Annotations Amendments: F271 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 170, S.I. No. 214 of 2014. Report by autho- 224.—(1) In this section “authorised person” means a person authorised in writing rised person. for the purposes of this section by the Minister. 269 PT. 22 S. 224 [No. 37.] Local Government Act 2001 [2001.] (2) (a) The Minister may request an authorised person to prepare a report for the Minister in relation to any matter arising from or relating to any of the functions for the time being conferred on the Minister or in relation to the performance of any of the functions of one or more local authorities. (b) An authorised person for the purposes of this section is entitled at all reasonable times to enter and inspect any land or premises or structure (other than a dwelling) which is owned, used, controlled or managed by a local authority and shall be afforded every facility and co-operation by the local authority (its members and employees) including the giving of informa- tion which he or she reasonably requires and shall have access to all docu- ments, materials, things, or other information which he or she may reasonably require. (3) Any person who obstructs or impedes or refuses to comply with a request of an authorised person acting in the exercise of the functions conferred on him or her by subsection (2)(b) is guilty of an offence and is liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both. (4) Summary proceedings for an offence under this section may be brought by the Minister. Local authority 225.—(1) In this section “association of local authorities” means, the General associations. 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, F272[(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.] F273[(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 dele- gation 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.] 270 PT. 22 S. 225 [No. 37.] Local Government Act 2001 [2001.] (4) An association of local authorities shall operate in accordance with its constitu- tion or other procedural rules (by whatever name called). (5) Without prejudice to any other provisions which may be included in the proce- dural 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, (c) the audit of such accounts, (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 associ- ation; (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, 271 PT. 22 S. 225 [No. 37.] Local Government Act 2001 [2001.] (b) the promotion of the interests generally of local government and of democratic representation of local communities, (c) the likely costs and benefits of its activities to its constituent local authorities, (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: F272 Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 56(a), S.I. No. 214 of 2014. F273 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 56(b), S.I. No. 214 of 2014. Local Authority 226.—(1) A member of a local authority may in his or her own right hold membership Members’ Associ- of the association known as the Local Authority Members’ Association and the members ation. 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. Reclaimed land 227.—(1) The maritime boundary of a county, city or town shall on the establishment and structures to day by virtue of this subsection be deemed to coincide with the ordinary high water form part of local authority area. mark for the time being, except where in accordance with section 10(4), such boundary already extends beyond that high water mark. F274[(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 provi- sions 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 272 PT. 22 S. 227 [No. 37.] Local Government Act 2001 [2001.] 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 F275[...] 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: F274 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. F275 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. Acceptance of 228.—(1) F276[...] gifts by a local authority. (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: F276 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: E295 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. 273 PT. 22 S. 229 [No. 37.] Local Government Act 2001 [2001.] Power of local 229.—(1) A local authority may enter into a contract with any person in respect of authorities to any matter arising in relation to the functions of the local authority. enter into contracts, etc. (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 F277[chief executive] in accordance with section 149(5) or by an employee generally or specially nominated by order of the F277[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: F277 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. Joint burial 230.—F278[...] boards. Annotations Amendments: F278 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: E296 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). Joint drainage 231.—(1) After consultation with the Minister for Finance, the Minister may by committees. 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)F279[(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. 274 PT. 22 S. 231 [No. 37.] Local Government Act 2001 [2001.] (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 F279[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: F279 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): C48 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 Minis- terial 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 Expen- diture 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) ... ... ... 275 PT. 22 S. 231 [No. 37.] Local Government Act 2001 [2001.] Number and Year Short Title Provision (1) (2) (3) Local Government Act 2001 Sections 66(7), 81(6), 92(2), 109(8), 169(1)(a), No. 37 of 2001 212(3) and 231(1) ... ... ... Editorial Notes: E297 Power pursuant to section exercised (1.01.2015) by Local Government Act 2001 (Section 231) Order 2014 (S.I. No. 478 of 2014). E298 Power pursuant to section exercised (1.01.2003) by Local Government Act 2001 (Section 231) Order 2002 (S.I. No. 531 of 2002). Regulations to 232.—If, in any respect, any difficulty arises in bringing any provision of this Act remove difficul- into operation or in relation to the operation of any such provision, the Minister may ties. 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. Reduction of 233.—(1) Subject to subsection (2), where in the opinion of the Minister a local grants etc. in authority has failed or substantially failed to comply with a statutory duty under any certain circum- stances. 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 noti- fication make a submission in writing to the Minister as regards the matter and the Minister shall have regard to any such submission so received. Offence by body 234.—(1) Where an offence under this Act is committed by a body corporate and corporate. 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, F280[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: F280 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. 276 PT. 22 S. 235 [No. 37.] Local Government Act 2001 [2001.] Commencement 235.—Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) of summary Act, 1851, summary proceedings in relation to an offence under this Act may, subject proceedings. 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. Discharge of 236.—(1) In this section “officer” means an officer of the Minister who is an certain functions established civil servant for the purposes of the Civil Service Regulation Act, 1956. by Minister. (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 (c) any other enactment, in so far as it relates to local authorities or related matters, 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. Regional authori- 237.—A regional authority established by the Local Government Act, 1991 ties, functions. (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. F281[ Regulations 237A.—(1) In this section ‘dealing’ in relation to a member of either House of the relating to Oireachtas means a dealing with such a member in his or her capacity as such a members of House of member. Oireachtas. (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. (c) correspondence with such members by local authorities, 277 PT. 22 S. 237A [No. 37.] Local Government Act 2001 [2001.] (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 (c) the role of local authority members as locally elected public representatives.] Annotations Amendments: F281 Inserted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 3, commenced on enact- ment. Editorial Notes: E299 Power pursuant to section exercised (1.08.2003) by Local Government Act, 2001 (Section 237A) Regulations 2003 (S.I. No. 274 of 2003). PART 23 T RANSFER OF T EMPLE B AR P ROPERTIES L IMITED TO D UBLIN C ITY C OUNCIL Definition (Part 238.—In this Part “Act of 1991” means the Temple Bar Area Renewal and Develop- 23). ment Act, 1991. Transfer of 239.—The Minister for the Environment and Local Government shall transfer his or Temple Bar Prop- her shareholding in Temple Bar Properties Limited to Dublin City Council. erties Limited to Dublin City Coun- cil. Shareholder in 240.—The Act of 1991 is amended by the substitution of the following for section Temple Bar Prop- 10— erties Limited. “10.—Notwithstanding any provision of the Companies Acts, 1963 to 1999, Dublin City Council, through its nominees, shall be the sole shareholder of Temple Bar Properties Limited.”. Transitional (Part 241.—If section 239 or the amendment provided for by section 240 comes into 23). operation before the establishment day provided for by section 9, references to Dublin City Council in those provisions shall, until their coming into operation, be read as references to the Lord Mayor, Aldermen and Burgesses of the city of Dublin. Repeals (Part 23). 242.—Sections 12, 13, 14 and 16 of the Act of 1991 are repealed. PART 24 M ISCELLANEOUS A MENDMENTS 278 PT. 24 S. 243 [No. 37.] Local Government Act 2001 [2001.] Amendment of 243.—F282[...] the Electoral Act, 1992, is further amended in section 165(8)(b) by Electoral Act, the substitution of “the Local Government Act, 2001” for “Part VI of the Electoral Act, 1992. 1963”. Annotations Amendments: F282 Deleted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment. Amendment of 244.—Section 31 of the Housing (Traveller Accommodation) Act, 1998, is amended Housing (Trav- by the substitution of the following for section 31: eller Accommoda- tion) Act, 1998. “Annual report and 31.—An annual report of a local authority prepared in activities of a local accordance with section 221 of the Local Government Act, consultative 2001, shall record particulars of the activities of the local committee. consultative committee and the steps taken to secure the implementation of an accommodation programme for the functional area concerned during the period to which the annual report relates.”. Amendment of 245.—The Roads Act, 1993, is amended by the insertion of the following after section Roads Act, 1993. 15 of that Act: “Requirements as 15A.—A road authority shall not construct or reconstruct a regards railways, bridge or viaduct over, or a tunnel under— canals, etc. (a) a railway, save with the consent of the Minister for Public Enterprise, or (b) any inland waterway within the meaning of the Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act, 1998, or any navigable water, save with the consent of the Minister for Arts, Heritage, Gaeltacht and the Islands.”. Amendment of 246.—Section 35 of the Abattoirs Act, 1988, is amended— Abattoirs Act, 1988. (a) by the insertion in subsection (1)(a) of “or part-time” after “whole-time”; (b) by the substitution of the following for subsection (4): “(4) The provisions of section 85 of the Local Government Act, 2001, shall apply to the appointment of a whole-time or part-time veterinary inspector pursuant to this section subject to the modification that a local authority shall not enter into the agreement referred to in the said section 85 unless the consent of the Minister has been first obtained.”; (c) by the substitution in subsections (5) and (6) of “section 85 (as modified by subsection (4) of this section) of the Local Government Act, 2001,” for “section 59 (as modified by subsection (4) of this section) of the Local Government Act, 1955,”. 279 PT. 24 S. 247 [No. 37.] Local Government Act 2001 [2001.] Additional 247.—In addition to amendments to the Act of 2000 provided for in Schedule 4 amendments to (which relate to amendments that are minor and consequential to this Act), the Act Planning and Development Act, of 2000 is further amended— 2000. (a) by the deletion in paragraph (a) of section 12(1) of “any town commissioners and city and county development boards within the area,”, (b) in section 106(3)— (i) by the substitution in paragraph (a) of “6 additional members” for “5 additional members”, and (ii) by the substitution in paragraph (b) of “more than 6 but not more than 12 additional members” for “more than 5 but not more than 10 additional members”, (c) in section 134, by the insertion of the following after subsection (4): “(5) (a) Subject to section 218, where the Board considers it necessary or expedient for the purposes of making a determination in respect of any of its functions under this Act or any other enactment, it may, in its absolute discretion, hold an oral hearing and shall, in addition to any other requirements under this Act or other enactment, as appropriate, consider the report and any recommendations of the person holding the oral hearing before making such determination. (b) Section 135 shall apply to any oral hearing held in accordance with paragraph (a) and that section shall be construed accordingly.”, (d) by the substitution in section 141 of “Organisation of Working Time Act, 1997” for “Holidays (Employees) Act, 1973” in each place where it occurs, (e) in section 156(1)— (i) by the substitution of “section” for “sections”, and (ii) by the substitution of “239 or 247” for “239 and 247”, (f) by the substitution in section 162(3) of “application for permission for retention of unauthorised development” for “application for retention of permission”, (g) by the substitution in section 175(10)(e) of “the Environmental Protection Agency Act, 1992” for “this Act”, (h) by the deletion of paragraph (c) of section 179(1), (i) by the insertion in section 211(4) after “properly applied” of “, or for such purposes as may be approved by the Minister whether generally or in relation to specified cases or circumstances”, (j) in section 214(2)(f)— (i) by the substitution in subparagraph (i) of “and 80” for “,80 and 85”, and (ii) by the deletion of subparagraph (ii), (k) in section 221, by the insertion of the following after subsection (8): “(9) The Minister may by regulations provide for such additional, incidental, consequential or supplemental matters as regards procedure in respect of the functions transferred to the Board under section 214 or 215 as appear to the Minister to be necessary or expedient.”, (l) by the substitution of the following for section 249(2)— 280 PT. 24 S. 247 [No. 37.] Local Government Act 2001 [2001.] “(2) Where any provision of this Act, or of any regulations made thereunder, requires notice to be given to any person who has made representations, submissions or observations to a planning authority or the Board, the planning authority or the Board may dispense with that requirement where— (a) a large number of representations, submissions or observations are made as part of an organised campaign, or (b) it is not possible to readily ascertain the full name and address of those persons who made the representations, submissions or observations, provided that the authority or the Board uses some other means of giving notice to the public that the authority or the Board is satisfied can adequately draw the attention of the public to that notice including, in the case of an organised campaign referred to in paragraph (a), giving notice to any person who, in the opinion of the planning authority or the Board, organised the campaign.”, and (m) by the insertion of the following paragraph after paragraph 20 of the Fourth Schedule: “20A. The proposed development would not be consistent with a planning scheme in force in respect of a strategic development zone.”. 281 SCH. 1 [No. 37.] Local Government Act 2001 [2001.] Section 1(2).

  318. SCHEDULE 1

    SCHEDULE 1 A CTS INCLUDED IN COLLECTIVE CITATION — Local Government Acts, 1925 to 2001 Number and Year Short Title No. 5 of 1925 Local Government Act, 1925 No. 3 of 1927 Local Government Act, 1927 No. 23 of 1941 Local Government Act, 1941 No. 24 of 1946 Local Government Act, 1946 No. 9 of 1955 Local Government Act, 1955 No. 40 of 1960 Local Government (No. 2) Act, 1960 No. 2 of 1968 Local Government (Buncrana) Act, 1968 No. 15 of 1971 Local Government (Rateability of Rents) (Abolition) Act, 1971 No. 35 of 1978 Local Government (Financial Provisions) Act, 1978 No. 10 of 1983 Local Government (Financial Provisions) Act, 1983 No. 21 of 1983 Local Government (Financial Provisions) (No. 2) Act, 1983 No. 7 of 1985 Local Government (Reorganisation) Act, 1985 No. 11 of 1991 Local Government Act, 1991 No. 8 of 1994 Local Government Act, 1994 No. 29 of 1997 Local Government (Financial Provisions) Act, 1997 No. 16 of 1998 Local Government Act, 1998 No. 6 of 2000 Local Government (Financial Provisions) Act, 2000 Section 3(2).

  319. SCHEDULE 2

    SCHEDULE 2 C ONSTRUCTION OF C ERTAIN T ERMS IN O THER E NACTMENTS Expression used in other enactment Construction by reference to Local Government Act, 2001 1 2 “county borough” City. “administrative county” F283[ County, and where the other enact- ment concerned so requires, also includes a reference to a city or to a city and county. ] “borough” (not being a county borough) Borough mentioned in Chapter 1 of Part 1 of Schedule 6. “urban district” Town mentioned in Chapter 2 of Part 1 of Schedule 6. “town having town commissioners” Town mentioned in Part 2 of Schedule 6. 282 SCH. 2 [No. 37.] Local Government Act 2001 [2001.] Expression used in other enactment Construction by reference to Local Government Act, 2001 “county health district” County exclusive of any towns mentioned in Part 1 of Schedule 6; but subject to section 83. “local authority for the purposes of the A county council, city council, town Local Government Act, 1941” council, and where the context so requires includes a joint body. “county council” or “council of a county” County council. “county borough corporation” City council. “borough corporation” (not being a Borough council of a borough mentioned county borough corporation) in Chapter 1 of Part 1 of Schedule 6. “urban district council” or “council of an Town council of a town mentioned in urban district” Chapter 2 of Part 1 of Schedule 6. “town commissioners” or “commission- Town council of a town mentioned in ers of a town” Part 2 of Schedule 6. Annotations Amendments: F283 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 179, S.I. No. 214 of 2014. Section 5(1).

  320. SCHEDULE 3

    SCHEDULE 3 E NACTMENTS R EPEALED AND R EVOKED PART 1 Acts Repealed Session and Chapter or Short Title Extent of Repeal Number and Year 1 2 3 6 & 7 Will. 4 c. 116 Grand Jury (Ireland) Act, 1836 Sections 35, 43, 44, 46, 54, 58, 66 to 68, 78, 82, 86, 108, 126 and 178 to 180 and Schedule (R). 3 & 4 Vict. c. 108 Municipal Corporations (Ireland) The whole Act. Act, 1840 3 & 4 Vict. c. 109 Counties and Boroughs (Ireland) The whole Act. Act, 1840 6 & 7 Vict. c. 93 Municipal Corporations (Ireland) The whole Act. Act, 1843 7 & 8 Vict. c. 106 County Dublin Grand Jury Act, 1844 Sections 40 and 110. 283 SCH. 3 [No. 37.] Local Government Act 2001 [2001.] Session and Chapter or Short Title Extent of Repeal Number and Year 10 & 11 Vict. c. 16 Commissioners Clauses Act, 1847 The whole Act. 10 & 11 Vict. c. 34 Towns Improvement Clauses Act, The whole Act. 1847 16 & 17 Vict. c. 136 Grand Jury (Ireland) Act, 1853 Section 9. 17 & 18 Vict. c. 103 Towns Improvement (Ireland) Act, The whole Act. 1854 23 & 24 Vict. c. 16 Municipal Corporations Mortgages The whole Act. etc. Act, 1860 30 & 31 Vict. c. 46 County Treasurers (Ireland) Act, The whole Act. 1867 34 & 35 Vict. c. 109 Local Government (Ireland) Act, Sections 18, 24, 25 and 30. 1871 35 & 36 Vict. c. 69 Local Government Board (Ireland) Section 12. Act, 1872 41 & 42 Vict. c. 52 Public Health (Ireland) Act, 1878 Sections 7, 200, 201 and 277. 45 & 46 Vict. c. 50 Municipal Corporations Act, 1882 The whole Act. 47 & 48 Vict. c. 70 Municipal Elections (Corrupt and The whole Act. Illegal Practices) Act, 1884 53 & 54 Vict. c. 59 Public Health Acts Amendment Act, Section 38. 1890 61 & 62 Vict. c. 37 Local Government (Ireland) Act, Sections 1, 4, 6(b), 10, 11, 12, 14, 1898 18, 21 to 23, 27, 31, 33, 35, 40, 41, 48 to 50, 58, 59, 68, 72, 77, 78, 81 to 84, 86, 100 and 108 and the Second and Third Schedules. 63 & 64 Vict. c. 63 Local Government (Ireland) Act, Section 9. 1900 2 Edw. 7. c. 38 Local Government (Ireland) Act, Sections 6, 8, 14, 15, 21 and 22. 1902 9 Edw. 7. c. 47 Development and Road The whole Act. Improvement Funds Act, 1909 No. 13 of 1924 Local Government (Temporary The whole Act. Provisions) (Amendment) Act, 1924 No. 5 of 1925 Local Government Act, 1925 Sections 2, 3, 5, 6, 9, 16, 58, 64, 70, 73, 74, 81, 86 and 87 and the First Schedule. No. 1 of 1929 Cork City Management Act, 1929 The whole Act. No. 27 of 1930 Local Government (Dublin) Act, Sections 7, 17 to 19, 30, 31, 37 to 1930 41, 45, 51, 53 to 57, 59 to 62, 67, 80, 95 and 103 and the First Schedule. No. 35 of 1934 Limerick City Management Act, Sections 2 to 5, 9, 11 to 14, 16 to 1934 19, 21 to 24, 31 to 34, 39, 40 and the First Schedule. No. 44 of 1934 Local Government (Amendment) The whole Act. (No. 2) Act, 1934 No. 55 of 1936 Local Authorities (Miscellaneous Sections 2, 3 and 6. Provisions) Act, 1936 284 SCH. 3 [No. 37.] Local Government Act 2001 [2001.] Session and Chapter or Short Title Extent of Repeal Number and Year No. 3 (Private) 1937 Local Government (Galway) Act, The whole Act. 1937 No. 13 of 1937 Local Authorities (Electrical The whole Act. Employees) Act, 1937 No. 36 of 1937 Local Government (Nomination of The whole Act. Presidential Candidates) Act, 1937 No. 25 of 1939 Waterford City Management Act, Sections 2 to 4, 8, 10 to 13, 15 to 1939 18, 20 to 23, 30 to 32 and 37 to 39. No. 12 of 1940 County Management Act, 1940 The whole Act. No. 22 of 1940 Local Authorities (Cost of Living) The whole Act. Act, 1940 No. 34 of 1940 Unemployment (Relief Works) Act, The whole Act. 1940 No. 5 of 1941 Cork City Management Sections 7, 8, 10 to 12, 14, 15, 22, (Amendment) Act, 1941 23 and 26. No. 15 of 1941 Local Officers and Servants (Dublin) The whole Act. Act, 1941 No. 23 of 1941 Local Government Act, 1941 Parts II, III and IV (in so far as they are not already repealed), sections 67 to 69, Part VIII (in so far as it is not already repealed) and sections 76 to 78, 83 to 86 and 90. No. 13 of 1942 County Management (Amendment) The whole Act. Act, 1942 No. 8 of 1945 Local Government (Dublin) Act, The whole Act. 1945 No. 13 of 1945 Local Authorities (Cost of Living) The whole Act. (Amendment) Act, 1945 No. 30 of 1945 Local Authorities (Acceptance of The whole Act. Gifts) Act, 1945 No. 24 of 1946 Local Government Act, 1946 Sections 7 to 9, 15 to 17, 22, 25 to 27, 34, Part III (in so far as it is not already repealed) and Part IV and sections 62 to 66, 70, 71, 73, 76 to 79, 80 to 83, 88 to 93, 95 and 98. No. 3 of 1948 Local Government (Sanitary Sections 30, 41 and 42(2) and the Services) Act, 1948 Second, Third and Fourth Schedules. No. 24 of 1950 Limerick City Management Act, The whole Act. 1950 No. 9 of 1955 Local Government Act, 1955 Chapter 1 of Part II other than section 24(2), sections 31 to 33, 40, 41, 48, 51, 53, 54, 58 to 65 and Part 1 of the Second Schedule. No. 12 of 1955 City and County Management The whole Act. (Amendment) Act, 1955 No. 9 of 1958 Local Government Act, 1958 The whole Act. No. 10 of 1959 Local Government Act, 1959 The whole Act. 285 SCH. 3 [No. 37.] Local Government Act 2001 [2001.] Session and Chapter or Short Title Extent of Repeal Number and Year No. 40 of 1960 Local Government (No. 2) Act, 1960 Part II and sections 11 and 12. No. 3 of 1962 Road Fund (Grants) (Temporary The whole Act. Provisions) Act, 1962 No. 8 of 1965 Cork City Management The whole Act. (Amendment) Act, 1965 No. 21 of 1966 Housing Act, 1966 Sections 85, 87, 88 and 108. No. 6 of 1968 Local Government (Roads and The whole Act. Drainage) Act, 1968 No. 32 of 1972 County Management (Amendment) The whole Act. Act, 1972 No. 8 of 1974 Local Elections (Petitions and Section 25. Disqualifications) Act, 1974 No. 35 of 1978 Local Government (Financial Sections 11 to 13 and 14. Provisions) Act, 1978 No. 21 of 1983 Local Government (Financial Section 9. Provisions) (No. 2) Act, 1983 No. 7 of 1985 Local Government (Reorganisation) Sections 5 to 7, Part III (in so far as Act, 1985 it is not already repealed) and sections 19 to 23, 25 and 27 and the First, Second, Third, Fourth and Fifth Schedules. No. 3 of 1986 Canals Act, 1986 Section 15. No. 28 of 1988 Housing Act, 1988 Section 27. No. 11 of 1991 Local Government Act, 1991 Parts II to VI F284[(other than Part V)] and sections 41, 42 and 46 to 54. No. 31 of 1993 Local Government (Dublin) Act, Part II and sections 39 and 40. 1993 No. 8 of 1994 Local Government Act, 1994 Parts II to VII, sections 44, 46 and Parts IX and X, sections 61 and 63 to 67 and the Third, Fourth and Fifth Schedules. No. 12 of 1997 Litter Pollution Act, 1997 Subsections (1) and (2) of section 35. No. 29 of 1997 Local Government (Financial Sections 8, 13 and 16. Provisions) Act, 1997 No. 16 of 1998 Local Government Act, 1998. Sections 9 and 10. No. 25 of 2000 Local Government Act, 2000 The whole Act. Annotations Amendments: F284 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 20(2), S.I. No. 214 of 2014. PART 2 286 SCH. 3 [No. 37.] Local Government Act 2001 [2001.] Orders Revoked Section 5(2). Year and Number Short Title Extent of Revocation 1 2 3 1898 No. 1120 Local Government (Application of The whole Order. Enactments) Order, 1898 1899 No. 44 Local Government (Adaptation of Articles 4 to 7, 13, 15 to 17, 19 to Irish Enactments) Order, 1899 36 and 42 to 45. Section 5(3).

  321. SCHEDULE 4

    SCHEDULE 4 M INOR AND C ONSEQUENTIAL A MENDMENTS TO A CTS Session and Chapter or Short Title Nature of Amendment Number and Year 1 2 3 61 & 62 Vict. c. 37 Local Government (Ireland) In subsection (10) of section Act, 1898 54, in the final sentence, delete the words “and the said secretary shall be entitled to such payment for each certificate”. No. 35 of 1978 LocalGovernment(Financial In subsection (1) of section Provisions) Act, 1978 10, substitute “required in accordance with section 102(3) of the Local Government Act, 2001,” for “required by section 9(1) of the Act of 1955”. In subsections (2)(a) and (3)(b)(ii) of section 10, substitute “section 103(7)(b)(i) of the Local Government Act, 2001,” for “section 10(4)(c) of the Act of 1955”. In subsection (3)(b)(i) of section 10, substitute “section 101(1) of the Local Government Act, 2001” for “section 26(1) of the Local Government Act, 1946”. 287 SCH. 4 [No. 37.] Local Government Act 2001 [2001.] Session and Chapter or Short Title Nature of Amendment Number and Year No. 29 of 1997 LocalGovernment(Financial In subsection (1) of section Provisions) Act, 1997 1, in the definition of “localgovernmentauditor” substitute “referred to in section 116 of the Local Government Act, 2001;” for “referred to in section 68(2) of the Local Govern- ment Act, 1941;”. No. 33 of 1998 Housing (Traveller Accom- In section 24, substitute modation) Act, 1998 “under subsections (4) and (5) of section 138 of the Local Government Act, 2001,” for “under section 2(9) of the City and County Management (Amend- ment) Act, 1955, (as amended by section 27 of the Act of 1988)”. No. 30 of 2000 Planning and Development In subsection (6)(c) and (7) Act, 2000 of section 34, substitute “section 140 of the Local Government Act, 2001” for “section 4 of the City and County Management (Amendment) Act, 1955” and in paragraph (a) of the said subsection (7), substi- tute “subsection (3)” for “subsection (2)”. In section 179(5), substitute “Sections 138, 139 and 140 of the Local Government Act, 2001,” for “Sections 2, 3 and 4 of the City and County Management (Amendment) Act, 1955”. Sections 10(2) and 11(3) F285[SCHEDULE 5 L OCAL G OVERNMENT A REAS PART 1 288 SCH. 5 [No. 37.] Local Government Act 2001 [2001.] C OUNTIES C HAPTER 1 Names of Counties and of Local Authorities in the Irish Language Name of County Name of Local Authority of County 1 2 Ceatharlach Comhairle Contae Cheatharlach An Cabhán Comhairle Contae an Chabháin An Clár Comhairle Contae an Chláir Corcaigh Comhairle Contae Chorcaí Dún na nGall Comhairle Contae Dhún na nGall Dún Laoghaire-Ráth an Dúin Comhairle Contae Dhún Laoghaire-Ráth an Dúin Fine Gall Comhairle Contae Fhine Gall Gaillimh Comhairle Contae na Gaillimhe Ciarraí Comhairle Contae Chiarraí Cill Dara Comhairle Contae Chill Dara Cill Chainnigh Comhairle Contae Chill Chainnigh Laois Comhairle Contae Laoise Liatroim Comhairle Contae Liatroma An Longfort Comhairle Contae an Longfoirt Lú Comhairle Contae Lú Maigh Eo Comhairle Contae Mhaigh Eo An Mhí Comhairle Contae na Mí Muineachán Comhairle Contae Mhuineacháin Tiobraid Árann Comhairle Contae Thiobraid Árann Uíbh Fhailí Comhairle Contae Uíbh Fhailí Ros Comáin Comhairle Contae Ros Comáin Sligeach Comhairle Contae Shligigh Baile Átha Cliath Theas Comhairle Contae Baile Átha Cliath Theas An Iarmhí Comhairle Contae na hIarmhí Loch Garman Comhairle Contae Loch Garman Cill Mhantáin Comhairle Contae Chill Mhantáin C HAPTER 2 Names of Counties and of Local Authorities in the English Language Name of County Name of Local Authority of County 1 2 Carlow Carlow County Council Cavan Cavan County Council 289 SCH. 5 [No. 37.] Local Government Act 2001 [2001.] Name of County Name of Local Authority of County Clare Clare County Council Cork Cork County Council Donegal Donegal County Council Dun Laoghaire-Rathdown Dun Laoghaire-Rathdown County Council Fingal Fingal County Council Galway Galway County Council Kerry Kerry County Council Kildare Kildare County Council Kilkenny Kilkenny County Council Laois Laois County Council Leitrim Leitrim County Council Longford Longford County Council Louth Louth County Council Mayo Mayo County Council Meath Meath County Council Monaghan Monaghan County Council Offaly Offaly County Council Roscommon Roscommon County Council Sligo Sligo County Council South Dublin South Dublin County Council Tipperary Tipperary County Council Westmeath Westmeath County Council Wexford Wexford County Council Wicklow Wicklow County Council] Annotations Amendments: F285 Schedule substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 12(2), S.I. No. 214 of 2014. Modifications (not altering text): C49 Alternate commencement date for amendments to local government areas by Local Government Reform Act 2014 (1/2014), s. 12, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(a), commenced as per s. 28(5). Elections to local authorities in 2014 28. (1) For the purpose of holding in 2014 elections of members of local authorities— (a) the local government areas provided for by section 10 of, and Schedule 5 to, the Principal Act shall have effect as amended by section 12, ... (5) This section has effect upon the passing of this Act. 290 SCH. 5 [No. 37.] Local Government Act 2001 [2001.] F286[ PART 2 C ITIES C HAPTER 1 Names of Cities and of Local Authorities in the Irish Language Name of City Name of Local Authority of City 1 2 Corcaigh Comhairle Cathrach Chorcaí Baile Átha Cliath Comhairle Cathrach Bhaile Átha Cliath Gaillimh Comhairle Cathrach na Gaillimhe C HAPTER 2 Names of Cities and of Local Authorities in the English Language Name of City Name of Local Authority of City 1 2 Cork Cork City Council Dublin Dublin City Council Galway Galway City Council] Annotations Amendments: F286 Schedule substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 12(2), S.I. No. 214 of 2014. Modifications (not altering text): C50 Alternate commencement date for amendments to local government areas by Local Government Reform Act 2014 (1/2014), s. 12, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(a), commenced as per s. 28(5). Elections to local authorities in 2014 28. (1) For the purpose of holding in 2014 elections of members of local authorities— (a) the local government areas provided for by section 10 of, and Schedule 5 to, the Principal Act shall have effect as amended by section 12, ... (5) This section has effect upon the passing of this Act. F287[ PART 3 C ITIES AND C OUNTIES 291 SCH. 5 [No. 37.] Local Government Act 2001 [2001.] C HAPTER 1 Names of Cities and Counties in the Irish Language and Names of Local Authorities Name of City and County Name of Local Authority of City and County 1 2 Luimneach Comhairle Cathrach agus Contae Luimnigh Port Láirge Comhairle Cathrach agus Contae Phort Láirge C HAPTER 2 Names of Cities and Counties in the English Language and Names of Local Authorities Name of City and County Name of Local Authority of City and County 1 2 Limerick Limerick City and County Council Waterford Waterford City and County Council] Annotations Amendments: F287 Schedule substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 12(2), S.I. No. 214 of 2014. Modifications (not altering text): C51 Alternate commencement date for amendments to local government areas by Local Government Reform Act 2014 (1/2014), s. 12, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(a), commenced as per s. 28(5). Elections to local authorities in 2014 28. (1) For the purpose of holding in 2014 elections of members of local authorities— (a) the local government areas provided for by section 10 of, and Schedule 5 to, the Principal Act shall have effect as amended by section 12, ... (5) This section has effect upon the passing of this Act. Section 10(3).

  322. SCHEDULE 6

    SCHEDULE 6 L OCAL G OVERNMENT A REAS (T OWNS ) F288[...] 292 SCH. 6 [No. 37.] Local Government Act 2001 [2001.] Annotations Amendments: F288 Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 180, S.I. No. 214 of 2014. Editorial Notes: E300 Previous affecting provision: functions transferred as respects Housing (Miscellaneous Provisions) Act 2009 (22/2009), ss. 20 and 21 from“council” of each town mentioned in Part 2 of sch. 6 to the “county council” (1.04.2011) by Housing (Transfer of Functions) Order 2011 (S.I. No. 85 of 2011), art. 3, in effect as per art. 2; schedule deleted as per F-note above. Section 21. F289[SCHEDULE 7 N UMBER OF M EMBERS OF L OCAL A UTHORITIES PART 1 County Council Number of Members County Council Number of Members Carlow 18 Cavan 18 Clare 28 Cork 55 Donegal 37 Dun Laoghaire-Rathdown 40 Fingal 40 Galway 39 Kerry 33 Kildare 40 Kilkenny 24 Laois 19 Leitrim 18 Longford 18 Louth 29 Mayo 30 Meath 40 Monaghan 18 Offaly 19 Roscommon 18 Sligo 18 293 SCH. 7 [No. 37.] Local Government Act 2001 [2001.] South Dublin 40 Tipperary 40 Westmeath 20 Wexford 34 Wicklow 32] Annotations Amendments: F289 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 15(b), S.I. No. 214 of 2014. Modifications (not altering text): C52 Alternate commencement date for amendments to numbers of local authorities by Local Government Reform Act 2014 (1/2014), s. 15, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(c), commenced as per s. 28(5). Elections to local authorities in 2014 28. (1) For the purpose of holding in 2014 elections of members of local authorities— ... (c) the numbers of members of local authorities provided for in section 21 of, and Schedule 7 to, the Principal Act shall have effect as amended by section 15, ... (5) This section has effect upon the passing of this Act. F290[ PART 2 City Council Number of Members Cork 31 Dublin 63 Galway 18] Annotations Amendments: F290 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 15(b), S.I. No. 214 of 2014. Modifications (not altering text): C53 Alternate commencement date for amendments to numbers of local authorities by Local Government Reform Act 2014 (1/2014), s. 15, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(c), commenced as per s. 28(5). Elections to local authorities in 2014 28. (1) For the purpose of holding in 2014 elections of members of local authorities— ... 294 SCH. 7 [No. 37.] Local Government Act 2001 [2001.] (c) the numbers of members of local authorities provided for in section 21 of, and Schedule 7 to, the Principal Act shall have effect as amended by section 15, ... (5) This section has effect upon the passing of this Act. F291[ PART 3 City and County Council Number of Members Limerick 40 Waterford 32] Annotations Amendments: F291 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 15(b), S.I. No. 214 of 2014. Modifications (not altering text): C54 Alternate commencement date for amendments to numbers of local authorities by Local Government Reform Act 2014 (1/2014), s. 15, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(c), commenced as per s. 28(5). Elections to local authorities in 2014 28. (1) For the purpose of holding in 2014 elections of members of local authorities— ... (c) the numbers of members of local authorities provided for in section 21 of, and Schedule 7 to, the Principal Act shall have effect as amended by section 15, ... (5) This section has effect upon the passing of this Act. Section 32(4). F292[SCHEDULE 8 A LTERNATIVE T ITLES TO C ATHAOIRLEACH AND L EAS -C HATHAOIRLEACH , ETC . 1. A local authority which is a city and county council may by resolution give to the office of its Cathaoirleach or Leas-Chathaoirleach the following titles: (a) in the Irish language the title of ‘Méara’ or ‘Leas- Mhéara’, respectively, and (b) in the English language, the title of ‘Mayor’ or ‘Deputy Mayor’, respectively. 2. Where titles are given in accordance with paragraph 1, the holders of the offices shall, as appropriate, be styled, in the Irish language ‘Méara Cathair agus Chontae.......’ and ‘Leas-Mhéara Cathair agus Chontae.......’ followed by the name of the city and county in Irish, and in the English language ‘Mayor of the City and County of.......’ and 295 SCH. 8 [No. 37.] Local Government Act 2001 [2001.] ‘Deputy Mayor of the City and County of.......’ followed by the name of the city and county in English. 3. A local authority which has by resolution under paragraph 1 given the titles provided in that paragraph may revert by resolution to the titles of Cathaoirleach or Leas-Chathaoirleach provided for in section 31 and which shall be styled in accordance with that section.] Annotations Amendments: F292 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 37(2), S.I. No. 214 of 2014. Section 42.

  323. SCHEDULE 9

    SCHEDULE 9 M INOR AND C ONSEQUENTIAL A MENDMENTS RELATING TO D IRECT E LECTIONS , ETC . F293[...] Annotations Amendments: F293 Repealed (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(d), commenced on enactment. Section 44.

  324. SCHEDULE 10

    SCHEDULE 10 M EETINGS AND P ROCEEDINGS OF L OCAL A UTHORITIES Local authority meetings. 1.—(1) In every year a local authority shall hold— (a) an annual meeting as provided for in paragraph 3, (b) a local authority budget meeting as referred to in paragraph 5, (c) such other meetings as are necessary for the transaction of its business, which meetings are in this Act referred to as ordinary meetings. (2) In addition, a local authority may hold such special meetings as may be requisi- tioned by virtue of paragraph 6 or section 140 or as may be decided by resolution. (3) This Schedule shall as regards a special meeting convened for the purposes of section 34 or 146 be read subject to and in accordance with the requirements of the relevant section. 296 SCH. 10 [No. 37.] Local Government Act 2001 [2001.] Place, date and time of meetings. 2.—(1) A local authority shall provide or arrange for the provision of accommodation for the holding of meetings. (2) In so far as practicable, the place for holding of meetings is the principal offices of the authority and meetings shall normally be held at such place. (3) Subject to this Act, meetings shall be held on such days and at such times as the local authority shall by resolution appoint or shall fix by standing orders. (4) In so far as practicable, a local authority shall fix a regular schedule for the holding of ordinary meetings, which may be set out in standing orders or appointed by resolution. (5) Subject to this paragraph, different days, times and places (whether within or without the administrative area of the authority) may be appointed from time to time by resolution or fixed by standing orders for different meetings. Day of annual meeting. 3.—F294[(1) In every year in which a local election is held, the annual meeting of a local authority shall be held on the fourteenth day after the polling day or, where the poll is for any reason countermanded, interrupted or adjourned, after the day on which the poll is completed or the fresh poll is held. (2) Where the fourteenth day referred to in subparagraph (1) is an excluded day, the meeting shall be held on the next following day which is not an excluded day.] (3) In every other year, the local authority shall hold an annual meeting on such day, in the month of May or June, as the local authority shall by resolution appoint or fix by standing orders. (4) Whenever an annual meeting of a local authority is for any reason not held on the day appointed or fixed by or by virtue of this paragraph for the holding of such meeting, the meetings administrator shall, following consultation, if practicable, with the Cathaoirleach, or if the office of the Cathaoirleach is vacant or the Cathaoirleach is unable to act, with the Leas-Chathaoirleach, convene a meeting of the local authority for a convenient hour on the day which appears to such administrator to be the earliest convenient date for that purpose and a meeting so held shall be deemed for all purposes to be an annual meeting held on the day appointed under subpara- graph (1), (2) or (3) as appropriate. Business and public notice of annual meeting. 4.—(1) At an annual meeting in an election year the meetings administrator shall read out the names of the persons duly elected as members of the local authority F295[...]. (2) Subject to subparagraph (1), the election of a Cathaoirleach in accordance with sections 36 and 37 is to be the first business at an annual meeting F295[...]. (3) Where the Cathaoirleach is elected in accordance with sections 36 and 37 the next business shall be the election of the Leas-Chathaoirleach. F294[(4) In the case of the annual meeting of a local authority in an election year the business to be transacted shall, subject to this paragraph, include— 297 SCH. 10 [No. 37.] Local Government Act 2001 [2001.] (a) the consideration of the election, appointment or nomination of members of joint bodies or other bodies elected, appointed or nominated by such local authority, and (b) fixing the day or days for the first meetings of the municipal district members for each of the municipal districts within the functional area of the local authority, so long as the day or days so fixed shall not be later than 10 days after that annual meeting of the local authority and not be an excluded day.] (5) Every member of a joint body who has been elected, appointed or nominated by a local authority and is in office as such member at the date of an election to such local authority shall continue to hold office as such member of such joint body until his or her successor is appointed unless he or she sooner dies, resigns, is disqualified, removed from office or otherwise ceases to be a member of the local authority or a member of the joint body, as the case may be, other than by way of reaching the ordinary day of retirement of members of a local authority. (6)(a) In an election year a local authority shall publish a notice of its annual meeting in at least one newspaper circulating in its administrative area which— (i) states the date of the annual meeting and F295[...] that the first business of the meeting will be the election of the Cathaoirleach, and (ii) specifies the joint bodies and other bodies to which the local authority is entitled to make appointments at that meeting or subsequently. (b) In this paragraph “appointments” includes— (i) appointments of members of the local authority, whether by virtue of holding a particular office or by way of nomination, election or otherwise, and (ii) appointments of persons who are not members of the local authority. (7)(a) The notice under subparagraph (6)(a) of the annual meeting shall be in a form and published within a period, prescribed by the Minister by regulations. (b) Regulations under this subparagraph may also provide for the publication by a local authority of a subsequent public notice within such period as may be specified, listing the appointments made by it to joint bodies or other bodies referred to in subparagraph (6)(a), or indicating that such a list may be inspected at the principal offices of the local authority. (c) Failure by a local authority to publish a notice of the annual meeting as required by this paragraph or to publish it with any omission or error in it does not invalidate any meeting of the local authority or any appointment made or other thing done at the meeting. Local authority budget meeting. F294[5. —A local authority shall hold its budget meeting in accordance with section 103 within the period directed by the Minister for the purposes of that section.] Special meetings. 6.—(1) A requisition to have a special meeting of a local authority convened (in this paragraph referred to as a “requisition”) may be made— 298 SCH. 10 [No. 37.] Local Government Act 2001 [2001.] (a) by the Cathaoirleach, (b) if the office of Cathaoirleach is vacant, or the Cathaoirleach is unable to act, by the Leas-Chathaoirleach, or (c) by the Cathaoirleach on foot of a request presented to him or her by any 5 members. (2) Where the Cathaoirleach refuses or neglects to act on foot of a request referred to in subparagraph (1)(c) within 7 days of it being presented to him or her, the members making the request may convene the meeting in accordance with this paragraph. (3) A requisition shall be made in writing and be delivered by the Cathaoirleach, the Leas-Chathaoirleach or in a case where subparagraph (2) applies by the members making the requisition, as the case may be, to the meetings administrator. (4) A requisition shall be signed by the person or persons making it, as the case may be, and shall— (a) contain as an agenda a statement of the business which it is proposed to transact at the meeting, and (b) specify a day, (other than an excluded day), which is not less than 3 clear days after the day on which it is received by the meetings administrator, for the holding of the meeting. (5) On receipt of a requisition, the meetings administrator shall, unless it is a case to which subparagraph (6) applies, issue a notification under paragraph 7 and give public notice under paragraph 8 for the special meeting required by the requisition. (6) Where— (a) a requisition under subparagraph (1)(c) specifies a day for the holding of a special meeting, and (b) an ordinary meeting of the local authority is to be held on a day within the period of 10 days after the day on which the meetings administrator receives the requisition. the business stated in the requisition shall be considered at that ordinary meeting and the special meeting shall not be convened. Notification of meeting and agenda. 7.—(1) A notification to attend a meeting, other than a local authority budget meeting, shall— (a) be sent or delivered to each member of the local authority concerned, (b) specify the place, date and time of the meeting, and (c) give not less than 3 clear days notice of the meeting. (2) Paragraph 5 applies to a local authority budget meeting. (3) In the case of a meeting requisitioned under section 140 or convened under section 34 or 146 the relevant section applies in relation to such meeting. (4)(a) A notification shall include or be accompanied by an agenda listing the business proposed to be transacted at the meeting. 299 SCH. 10 [No. 37.] Local Government Act 2001 [2001.] (b) An agenda which has been sent or delivered for the purposes of subparagraph (1) may be altered (whether by way of addition, deletion or otherwise) if an agenda paper specifying the alteration is delivered or sent to each member not less than 3 clear days before the day on which the meeting is to be held. (5) In the case of a special meeting convened under paragraph 6, a copy of the requisition shall be sent with the notification. (6) Subject to subparagraph (7), a notification shall have the signature of the meetings administrator and any document claiming to have that signature shall be deemed, until the contrary is proved, to have been duly issued or given with the authority of the local authority. (7) Non-receipt of a notification by any member or lack of a signature or any other defect in the notification does not affect the validity of a meeting or of any act or thing done at the meeting. (8) For the purposes of this paragraph “signature” includes a facsimile of a signature by whatever process reproduced or a printed version, whether original or facsimile, of the name of the meetings administrator and a printed version of that name, whether original or facsimile, shall be deemed to have been duly placed on the document by or with the consent of the meetings administrator until the contrary is proved. (9) The meetings administrator shall, where practicable, advise the Cathaoirleach as regards the business of a meeting. Public notice of meetings. 8.—(1)(a) Notice of the place, date, and time of a meeting other than a local authority budget meeting shall be displayed not less than 3 clear days before the day of the meeting in or at the principal offices of the local authority in a position convenient for public inspection during normal office hours. (b) A notice referred to in clause (a) shall include the agenda for the meeting or shall specify a place where the agenda can be inspected and in the case of a meeting requisitioned under paragraph 6 or under section 140 the agenda shall include or be accompanied by a copy of the requisition. (c) Paragraph 5 applies in the case of a local authority budget meeting. (2)(a) On request, a local authority shall supply a copy of a public notice and agenda to any person seeking such copy. (b) A local authority may make arrangements for the supply to the media of copies of a public notice and agenda referred to in clause (a). (c) A local authority may charge such fee, if any, as it may fix for the supply of the copy of the public notice and agenda but no fee shall exceed the reasonable cost of providing the copy. (3) By resolution or standing orders, a local authority may make such additional arrangements for the giving of public notice of meetings, including display of notice at additional locations, including but not limited to public libraries, or publication in a newspaper, electronically or otherwise, as it considers appropriate. (4) Failure to display or to supply a copy of a notice by virtue of this paragraph does not affect the validity of a meeting or of any act or thing done at the meeting. Business of meeting. 300 SCH. 10 [No. 37.] Local Government Act 2001 [2001.] 9.—Subject to paragraph 16, no business shall be transacted at a meeting other than that specified in the agenda which relates to the meeting or business required by this Act or otherwise by law to be transacted at the meeting. Chairing of meetings. 10.—(1) If present at a meeting, the Cathaoirleach shall chair it. (2) If and for so long as the Cathaoirleach is not present, or the office of Cathaoir- leach is vacant, the Leas-Chathaoirleach shall chair the meeting if he or she is present but shall leave the chair on the arrival at the meeting of the Cathaoirleach or, in the case of a meeting to fill a casual vacancy in the office of Cathaoirleach in accordance with section 38 or F295[...], following the election of a Cathaoirleach at that meeting. (3) In any other case, the meeting shall proceed to the election of one of the members present to chair the meeting and such member shall leave the chair on the arrival at the meeting of the Cathaoirleach or Leas-Chathaoirleach. (4) It is the duty of a Cathaoirleach, Leas-Chathaoirleach or any other member who is required in accordance with this paragraph to chair a meeting to take the chair and to proceed with the business of the meeting. (5) The procedure for the chairing of an annual meeting in an election year until the election of a Cathaoirleach at such meeting by virtue of section 36 shall be specified in standing orders and may include provision, subject to subparagraph (6), for the taking of the chair for this period by a member or by an employee of the local authority concerned. (6) Any member selected to chair an annual meeting under subparagraph (5) shall not have a second or casting vote and the employee of the local authority, if so selected in accordance with that subparagraph, shall not have any vote. Quorum. 11.—(1) The quorum for a meeting of a local authority is one-fourth of the total number of members of the local authority plus one or, where one-fourth of such total number is not a whole number, the quorum is the next highest whole number plus one. (2) Whenever a meeting of a local authority is abandoned owing to failure to obtain a quorum, the names of those members present at the time and place appointed for such meeting shall be recorded by the meetings administrator and they shall for all purposes be deemed to have attended a duly constituted meeting. Doing of acts and determination of questions. 12.—(1) Each member present at a meeting of a local authority shall have a vote unless prohibited from voting by this or any other enactment. (2) All acts of a local authority which are reserved functions or questions duly coming or arising before a meeting of a local authority shall be determined— (a) by a majority of the votes of the members present and voting, or 301 SCH. 10 [No. 37.] Local Government Act 2001 [2001.] (b) where there is an equality of votes, by a second or casting vote of the person chairing the meeting (which person shall have and may choose to exercise such a vote). (3) This paragraph is without prejudice to the other provisions of this Act (including provisions required to be included in standing orders by virtue of paragraph 16) or of any other enactment, requiring either the presence of a specified number or proportion of the members or that a specified number or proportion should vote in favour for the doing of any particular act. (4) Nothing in this paragraph shall be read as prohibiting a local authority from setting out in standing orders the procedures and methods of voting including when a roll call vote is to be taken. Disorderly conduct. 13.—(1) If— (a) in the opinion of the person chairing a meeting (in this paragraph referred to as the “chair”), any member has been or is disorderly by persistently disre- garding the ruling of the chair, or by behaving irregularly, improperly or offensively, or by otherwise obstructing the business of the meeting, and (b) the chair has conveyed his or her opinion to the members present by naming the member concerned, then the chair or any member may move “that the member named leave the meeting” and the motion, if seconded, shall be put and determined without discussion. (2) Where a local authority decides in accordance with subparagraph (1) that a member leave a meeting, that member shall immediately leave the meeting and shall not be entitled to speak or to take any further part in that meeting on that day. (3) Where in the opinion of the chair— (a) there is general disorder which impedes the orderly transaction of business, or (b) where a member against whom it was resolved that he or she leave the meeting by virtue of this paragraph refuses to do so, the chair may adjourn the meeting for such period as he or she considers necessary in the interests of order. F296[(4) Where at a meeting— (a) it has been resolved in accordance with subparagraph (1) that a member leave a meeting and the chair adjourns the meeting under subparagraph (3) because the member refuses to leave, and (b) it has been resolved by further resolution that the member was the cause of the meeting being so adjourned, then any remuneration to, and any allowances for expenses incurred, by that member concerned, as provided for by regulations under section 142, shall be reduced for the period of 12 months (irrespective of whether or not a local election is to be held during that period) from the date of the meeting concerned as follows: (i) on the first occasion of it being resolved that the member refused to so leave, 10 per cent; 302 SCH. 10 [No. 37.] Local Government Act 2001 [2001.] (ii) on the next or subsequent occasions of it being so resolved and where paragraph (iii), (iv), (v) or (vi) does not apply, 10 per cent; (iii) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (i)or (ii) relates, 30 per cent; (iv) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (iii)relates, 50 per cent; (v) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (iv)relates, 70 per cent; (vi) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (v)relates, 90 per cent. (5)(a) Where at a meeting— (i) the resolutions referred to in clauses (a) and (b) of subparagraph (4) have been resolved, and (ii) where, following the chair expressing the further opinion that the member has continued to be disorderly by disregarding the ruling of the chair, or by behaving irregularly, improperly or offensively, or by otherwise obstructing the business of the meeting and the chair has conveyed such further opinion to the members present by naming the member concerned, it has been resolved further by at least two-thirds of those present and voting, on a motion moved by the chair or any member (which motion, if seconded, shall have been put and determined without discussion) that for a specified period ‘the member stand suspended with immediate effect from all meetings of the local authority and any committee of the local authority, and all meetings of municipal district members’ and the period so specified is, subject to clause (c), for at least one month but does not exceed 3 months, then the consequences provided for by subparagraph (4) shall not apply to the member concerned in relation to that suspension except and to the extent provided for by clause (g) in respect of any other suspension. (b) Having regard to clause (f), the members of the local authority may, at any subsequent meeting during the period specified in the resolution under clause (a) (ii), pass a further resolution lifting the suspension, and the suspension shall be lifted with immediate effect. (c) If, within a period of 3 months following the ending of a suspension in accor- dance with clause (a) or (b), further resolutions to which clause (a) relates are proposed to be adopted in respect of that member, then the period provided for in a resolution under clause (a) (ii) shall be at least 3 months but shall not exceed 6 months. (d) Having regard to clause (f), a suspension under this subparagraph shall cease to have effect on the ordinary day of retirement. (e) Where a resolution under clause (a) suspending a member has been passed, the member concerned shall not be entitled to attend, speak at or take any part in any meetings of the local authority and any committee of the local authority, and any meetings of municipal district members, and notwithstand- ing the provisions of paragraphs 6 and 7, shall not be entitled to present a request to the Cathaoirleach to require a special meeting of the local authority to be convened and shall not be entitled to receive any services in respect of meetings of the local authority or any committee of the local authority, or meetings of municipal district members, including the agenda 303 SCH. 10 [No. 37.] Local Government Act 2001 [2001.] and papers circulated to members, for the period specified in the resolution while it remains in force. (f) No remuneration to, or allowances for expenses incurred, by the member concerned, as provided by regulations under section 142, shall be paid (irrespective of whether a local election is to be held during the period concerned) for the duration of the suspension to which clause (a) or (c) relates. Notwithstanding any lifting of a suspension in accordance with clause (b), or cessation of a suspension in accordance with clause (d), such lifting or cessation shall not have the effect of reducing the period in respect of which remuneration or allowances for expenses incurred are not to be paid as a consequence of the suspension. (g) The suspension of remuneration or allowances for expenses incurred by virtue of clause (f) shall, during the suspension period specified in the resolution under this paragraph, supersede any reduction in remuneration or allowances for expenses that would, but for this clause, be incurred under subparagraph (4) but shall not affect any such reduction after the suspension period so specified. (6) The chief executive, following consultation with the Cathaoirleach, may make such provision for the exclusion or, where necessary, the removal from any meeting of the local authority or any committee of the local authority, or meeting of municipal district members, of the member suspended in accordance with subparagraph (1) or (5) as appear necessary to the chief executive.] Minutes. 14.—(1) Minutes of the proceedings of a meeting of a local authority shall be drawn up by the meetings administrator. (2) The minutes shall include— (a) the date, time and place of the meeting, (b) the names of the members present at the meeting, (c) a list of the senior employees of the local authority present at the meeting, (d) reference to any report submitted to the members at the meeting, (e) where there is a roll call vote, the number and names of members voting for and against the motion and of those abstaining, (f) particulars of all resolutions passed at the meeting, and (g) such other matters considered appropriate. (3) A copy of the minutes of a meeting shall be sent or given by the meetings administrator to each member of the local authority. (4) Minutes of a meeting shall be submitted for confirmation as an accurate record at the next following ordinary meeting, where practicable, or where not, at the next following meeting and recorded in the minutes of that meeting. (5) When confirmed, with or without amendment, the minutes of a meeting shall be signed by the person chairing the meeting they were submitted to for confirmation and any minutes claiming to be so signed shall be received in evidence without proof. 304 SCH. 10 [No. 37.] Local Government Act 2001 [2001.] (6) Until the contrary is proved, every meeting in respect of the proceedings of which minutes have been confirmed shall be deemed to have been duly convened and held and all the members at the meeting shall be deemed to be duly qualified. (7) A copy of the minutes of a meeting when confirmed in accordance with subparagraph (5) shall be open to inspection at the principal offices of the local authority and any person may inspect and make a copy of, or abstract from, the minutes during the usual office hours of the authority. (8) A copy of the minutes shall be provided to any person applying for them on payment of such reasonable sum, if any, being a sum not exceeding the reasonable cost of supplying the copy, as may be fixed by the local authority. (9) Each local authority shall make proper arrangements for the safe keeping of the minutes of the authority. Record of attendance at meetings and address for correspondence. 15.—(1) Each local authority is responsible for the maintenance of a record of attendance at its meetings. (2) The attendance of each member present at a meeting shall be entered by that member in a record kept for that purpose by the local authority. (3) Where any provision of this Act provides for the delivery or sending of a docu- ment to a member such document shall be sent to the address supplied in writing by the member. (4) Where any provision of this Act provides for the delivery or sending of a notice to the F294[chief executive], meetings administrator or to the principal offices of a local authority such notice shall be sent or delivered to the address of such office of the local authority as shall be fixed for that purpose by the F294[chief executive] and such address shall be included in the standing orders of the local authority. Standing orders. 16.—(1) (a) A local authority shall, subject to this Act and by resolution for which at least one-half of the total number of members of the authority vote in favour, make standing orders for the regulation of its meetings and proceedings. (b) A local authority may include in standing orders all such incidental, consequen- tial or supplementary provisions as may appear to the local authority to be appropriate for that purpose. (c) A local authority shall in making standing orders comply with section 19(3)(c). (2) A local authority may, by resolution for which at least one-half of the total number of members of the authority vote in favour, amend or revoke standing orders and make new standing orders. (3)(a) A copy of standing orders shall be sent or delivered by the meetings adminis- trator to each member on his or her coming into office, or as soon as practi- cable thereafter, and as soon as may be practicable after new standing orders have been made. (b) A copy of any amendment to standing orders shall likewise be supplied to each member. 305 SCH. 10 [No. 37.] Local Government Act 2001 [2001.] (4) Without prejudice to the generality of subparagraph (1), a local authority shall include in standing orders provisions for the following: (a) a schedule of ordinary meetings; (b) commencement, adjournment and termination of meetings; (c) the chairing of an annual meeting in an election year where the Cathaoirleach falls to be elected in accordance with section 36; (d) the revocation of resolutions subject to a requirement that such number of members as is specified in standing orders, which shall be at least one-half of the total number of members of the authority, vote in favour and subject to such other requirements as may be so specified; (e) dealing with urgent business related to a function of the local authority, subject to a requirement that such number of members as is specified in standing orders, which shall be at least one-half of the total number of members of the authority, vote in favour and subject to such other requirements as may be so specified; (f) the procedures to be followed for the doing of acts and the determination of questions, including the procedures and methods of voting and when a roll call vote is to be taken; (g) the suspension of any provision of standing orders other than those to which clauses (d), (e) and (f) relate and subject to a requirement that at least two- thirds of the members present vote in favour and to such other requirements as may be specified in standing orders; (h) the address for the purposes of paragraph 15(4). (5) The Minister may issue general directions to local authorities in relation to standing orders and the provisions to be included in them. (6)(a) Subject to this Act and to any other relevant enactment, standing orders of a local authority may include provisions to regulate the proceedings and business of committees established by the authority, as it may consider appropriate. (b) Subject to clause (a), a committee may regulate its own business and proceedings by way of its own standing orders or otherwise. Committees. 17.—(1) Paragraphs 12, 13, 14 and 15, and paragraph 16 in so far as it is relevant, apply in relation to a committee of a local authority F294[or, subject to any regulations made under section 44(3), a joint committee] with any necessary modifications. F296[(1A) In the application under subparagraph (1) of paragraph 13, nothing shall be read as enabling a committee of a local authority or a joint committee passing a resolution to suspend a person other than from the committee or joint committee itself.] (2) The quorum for a meeting of a committee shall be such as may be fixed by the local authority which established it but in no case shall be less than 3. Right to form groups for certain appointments. 306 SCH. 10 [No. 37.] Local Government Act 2001 [2001.] 18.—(1) Where 2 or more persons are to be appointed by a local authority to a body to which this paragraph applies, then— (a) any group of members who are present at the meeting at the time when the business of making the appointments is reached and comprising the number of members necessary for the purposes of this paragraph may nominate a person to be a member of that body and the person shall be so appointed on that nomination without any vote being taken, and (b) the members of the body then remaining to be appointed shall be appointed successively by the members of the local authority who are not members of any group referred to in clause (a) and who were present at the meeting at the time when the business of making the appointments was reached. (2)(a) Subject to clause (b) the number of members necessary to form a group for the purposes of this paragraph shall be obtained by dividing the total number of members present at the meeting of the authority at the time when the business of making the relevant appointments is reached by the number of the appointments to be so made, or, where the number so obtained is not a whole number, the whole number next above the number so obtained. (b) No member of a local authority shall be a member of more than one group for the purposes of this paragraph. (3) This paragraph applies to the following bodies: (a) a committee of a local authority; (b) a joint committee or joint body of one or more local authorities; (c) F297[an education and training board]; (d) a harbour authority within the meaning of the Harbours Act, 1946; (e) a school attendance committee within the meaning of the School Attendance Act, 1926; (f) a regional authority established by order under section 43 of the Local Government Act, 1991; (g) a regional tourism organisation; (h) the General Council of County Councils; (i) the Association of Municipal Authorities of Ireland; (j) a county enterprise board within the meaning of the Industrial Development Act, 1995; (k) a LEADER group established in the framework of an EU community initiative for rural development; (l) the Dublin Transportation Office Advisory Committee; (m) an Area Partnership Board; (n) such other body or bodies as may be specified by order of the Minister either generally or in respect of one or more specified local authorities. (4)(a) This paragraph applies to the appointment of— (i) members of a local authority, and 307 SCH. 10 [No. 37.] Local Government Act 2001 [2001.] (ii) other persons who are not members (where such appointment is autho- rised by or under any enactment), to a body referred to in subparagraph (3), whether by way of nomination or election. (b) Clause (a) does not apply as regards the appointment of persons who are not members of a local authority to membership of a strategic policy committee, a municipal policy committee, a local consultative committee, F297[an education and training board] or a school attendance committee. (5) This paragraph shall not be read so as to make unnecessary for appointment to any office, post or position, the possession of any special knowledge, experience or other qualification the possession of which is required by law for appointment to the office, post or position. (6) This paragraph shall not be read so as to affect the entry to or tenure of membership of any body, or any other office, held by virtue of being an office holder. (7) F298[...] Equity in appointments, etc 19.—(1) A local authority shall seek to promote the objective of an appropriate gender balance in the making of appointments by it to bodies to which paragraph 18 applies and to other bodies. (2) The Minister may issue guidelines as regards the objective referred to in subparagraph (1), and a local authority shall comply with any such guidelines in the making of its appointments to the bodies concerned. (3) A local authority may by resolution make rules for the purpose of ensuring that appointments made by it to bodies to which paragraph 18 applies and to other bodies are made fairly and equitably, taking account of the various interests represented on the authority and the totality of the appointments to be made to those bodies. (4) Nothing in this paragraph shall be read as prohibiting the operation of paragraph 18 by any group of members except that any member who voted for a resolution under this paragraph shall not— (a) form any part of a group by virtue of paragraph 18 in relation to a body to which rules referred to in subparagraph (3) apply, or (b) vote in accordance with paragraph 18 in relation to an appointment to such body. Annotations Amendments: F294 Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 57(a)-(c), (e)-(f), S.I. No. 214 of 2014. F295 Deleted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment. F296 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 57(d), (g), S.I. No. 214 of 2014. 308 SCH. 10 [No. 37.] Local Government Act 2001 [2001.] F297 Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 37, S.I. No. 211 of 2013. F298 Repealed (15.06.2004) by Health (Amendment) Act 2004 (19/2004), s. 3 and sch., S.I. 378 of 2004. Modifications (not altering text): C55 Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 8(5), in effect as per reg. 3. Meetings and proceedings. 8. ... (5) Schedule 10 of the Act shall apply and have effect in relation to the meetings and proceedings of municipal districts and connected matters, with the following modifications:— (a) as respects paragraph 1:— (i) as if, in subparagraph (1), the reference to “a local authority” were a reference to “municipal district members”, (ii) as if, in subparagraph (1)(b), the reference to “a local authority budget meeting” were a reference to “a meeting to consider the draft budgetary plan”, (iii) as if, in subparagraph (2), the reference to “a local authority” were a reference to “municipal district members” as regards meetings requisitioned by virtue of paragraph 6, and the exclusion of special meetings convened for the purposes of section 140, and (iv) in subparagraph (3), the exclusion of special meetings convened for the purposes of section 146, (b) as respects paragraph 2 as if:— (i) in subparagraph (2), the reference to “the principal offices of the authority” were a reference to “the offices designated by resolution of the municipal district members”, (ii) in subparagraph (3), the reference to “local authority” were a reference to “municipal district members”, and (iii) in subparagraph (4), the reference to “a local authority” were a reference to “municipal district members”, (c) as respects paragraph 3 as if:— (i) in subparagraph (3), the reference to “local authority” were a reference to “municipal district members”, and (ii) in subparagraph (4), the references to “a local authority” and “the local authority were references to “municipal district members”, (d) as respects paragraph 4:— (i) subparagraphs (1), (5), (6) and (7) shall not apply, and (ii) in subparagraph (4):— (I) as if the reference to “a local authority” and the reference to “local authority” were references to “municipal district members”, and (II) the exclusion of “joint bodies or other ”, (e) as respects paragraph 5, as if the reference to “a local authority shall hold its budgetary meeting” were a reference to “municipal district members shall hold a meeting to consider the draft budgetary plan”, (f) as respects paragraph 6 as if:— (i) in subparagraph (1):— 309 SCH. 10 [No. 37.] Local Government Act 2001 [2001.] (I) the reference to “a local authority” were a reference to “municipal district members”, and (II) the reference to “by any 5 members” were a reference to “by at least one third of the total number of municipal district members, subject to a minimum of 3 members, and where one third of the total number of municipal district members is greater than 5, by any 5 members”, and (ii) in subparagraph (6), the reference to “local authority” were a reference to “municipal district members”, (g) as respects paragraph 7:— (i) as if, in subparagraphs (1) and (2), the references to “a local authority” were references to “municipal district members”, (ii) as if, in subparagraph (1), the reference to “each member of the local authority” were a reference to “each municipal district member”, and (iii) in subparagraph (3), the exclusion of special meetings convened for the purposes of sections 140 and 146, (h) as respects paragraph 8 as if:— (i) the references to “a local authority” were references to “municipal district members”, and (ii) in subparagraph (1)(a), the reference to “at the principal offices of the local authority” were a reference to “at the normal place of meeting of the municipal district members and at the principal offices of the local authority, if different”, (i) as respects paragraph 11 as if:— (i) the references to “a local authority” were references to “municipal district members”, and (ii) in subparagraph (1), the reference to “members of the local authority” were a reference to “municipal district members”, (j) as respects paragraph 12, as if the references to “a local authority” were references to “municipal district members”, (k) as respects paragraph 13:— (i) as if, in subparagraph (2), the reference to “a local authority” were a reference to “municipal district members”, (ii) as if, in subparagraph (4):— (I) the word “where” were deleted, (II) in clause (a), the reference to “it has been resolved” were a reference to “it may be resolved” and the reference to “adjourns” were to “may adjourn”, (III) in clause (b), the reference to “it has been resolved” were a reference to “it may be resolved”, and (IV) all text from “then any remuneration” to the end were deleted, (iii) as if, in subparagraph (5)(a)(ii):— (I) the reference to “it has been resolved further” were a reference to “it may be resolved”, (II) the reference to “‘the member stand suspended with immediate effect from all meetings of the local authority and any committee of the local authority, and all meetings of municipal district members’” were a reference to “‘the member stand suspended with immediate effect from all meetings of the municipal district members and any committee of the municipal district members’”, (III) the reference to “does not exceed 3 months” were a reference to “does not exceed 6 weeks”, and 310 SCH. 10 [No. 37.] Local Government Act 2001 [2001.] (IV) the deletion of all text from “then the consequences” to the end, (iv) as if, in subparagraph (5)(b), the reference to “members of the local authority” were a reference to “municipal district members”, (v) as if, in subparagraph (5)(c), the reference to “shall be at least 3 months but shall not exceed 6 months” is a reference to “shall be at least 6 weeks but shall not exceed 10 weeks”, (vi) as if, in subparagraph (5)(e):— (I) the reference to “take part in any meetings of the local authority and any committee of the local authority, and any meetings of municipal district members” were a reference to “take part in any meetings of the municipal district members and any committee of the municipal district members”, (II) the reference to “special meeting of the local authority” were a reference to “special meeting of the municipal district members”, (III) the reference to “services in respect of meetings of the local authority or any committee of the local authority, or meetings of municipal district members” were a reference to “services in respect of meetings of the municipal district members or any committee meeting of municipal district members”, (IV) with the exclusion of clauses (f) and (g), and (vii) as if, in subparagraph (6), the reference to “removal from any meeting of the local authority or any committee of the local authority, or meeting of municipal district members” were a reference to “removal from any meeting of the municipal district members or any committee of the municipal district members”, (l) as respects paragraph 14 as if:— (i) in subparagraph (1), the reference to “a local authority” were a reference to “munic- ipal district members”, (ii) in subparagraph (3), the reference to “each member of the local authority” were a reference to “each municipal district member”, (iii) in subparagraph (7):— (I) the reference to “at the principal offices of the local authority” were a reference to “at the principal offices of the local authority and the normal place of meeting of the municipal district members”, and (II) the reference to “during the usual office hours of the authority” were a reference to “during the usual office hours of the authority or during the meeting of the municipal district members, if such meeting is held in a place which is not open during the usual office hours of the authority”, (iv) in subparagraph (8), the reference to “the local authority” were a reference to “municipal district members”, and (v) in subparagraph (9), the reference to “each local authority” were a reference to “municipal district members” and the reference to “authority” were a reference to “members”, (m) as respects paragraph 15 as if:— (i) in subparagraph (1), the reference to “each local authority is” were a reference to “municipal district members are” and the reference to “its” is a reference to “their”, (ii) in subparagraph (2), the reference to “the local authority” were a reference to “the municipal district members”, and (iii) in subparagraph (4), the final reference to “local authority” were a reference to “municipal district members”, (n) as respects paragraph 16 as if:— 311 SCH. 10 [No. 37.] Local Government Act 2001 [2001.] (i) in subparagraph (1)(a), the reference to “a local authority” were a reference to “municipal district members”, the reference to “members of the local authority” were a reference to “members”, and the reference to “its meetings” were a reference to “their meetings”, (ii) in subparagraph (1)(b), the reference to “a local authority” were a reference to “municipal district members” and the reference to “the local authority” were a reference to “members”, (iii) in subparagraph (1)(c), the reference to “a local authority” were a reference to “municipal district members”, (iv) in subparagraph (2), the reference to “a local authority” were a reference to “municipal district members” and the reference to “members of the authority” were a reference to “members”, (v) in subparagraph (4), the reference to “a local authority” were a reference to “municipal district members”, (vi) in subparagraph (4)(d), if the reference to “members of the authority” were a reference to “members”, (vii) in subparagraph (4)(e), the reference to “the local authority” were a reference to “municipal district members” and the reference to “members of the authority” were a reference to “members”, (viii) in subparagraph (5), the reference to “local authorities” were a reference to “municipal district members”, and (ix) in subparagraph (6)(a), the reference to “a local authority” were a reference to “municipal district members” and the reference to “the authority were a reference to “the members”, (o) as respects paragraph 17:— (i) in subparagraph (1):— (I) as if the reference to “a local authority” were a reference to “municipal district members”, and (II) with the exclusion of “or, subject to any regulations made under section 44(3), a joint committee”, and (ii) as if, in subparagraph (2), the reference to “local authority” were a reference to “municipal district members”, (p) as respects paragraph 18:— (i) as if, in subparagraph (1), the reference to “a local authority” were a reference to “municipal district members”, (ii) as if, in subparagraph (1)(b), the reference to “the members of the local authority” were a reference to “municipal district members”, (iii) as if, in subparagraph (2)(a), the reference to “the authority” were a reference to “municipal district members”, (iv) as if, in subparagraph (2)(b), the reference to “member of a local authority” were a reference to “municipal district member”, (v) in subparagraph (3):— (I) the exclusion of clauses (b) to (m), and (II) in clause (n):— (A) as if the reference to “local authorities” were a reference to “municipal districts”, and (B) the body or bodies specified for the purposes of this provision shall be a body or bodies of a local nature in or related to the municipal district, or related 312 SCH. 10 [No. 37.] Local Government Act 2001 [2001.] primarily to the municipal district, and the local authority does not make any appointment to such body or bodies, and (vi) in subparagraph (4), the exclusion of clause (b), and (q) as respects paragraph 19, as if the references to “a local authority” were references to “municipal district members”. Editorial Notes: E301 Power pursuant to schedule exercised (17.07.2002) by Local Government Act 2001 (Meetings) Regulations 2002 (S.I. No. 66 of 2002). Section 62.

  325. SCHEDULE 11

    SCHEDULE 11 L OCAL A UTHORITY B OUNDARY A LTERATION Matters for which provision may be made in a supplementary order under section 62(0). 1. The following are the matters referred to in section 62(2): (a) the functions of any authority concerned in relation to a relevant area; (b) the inclusion of a relevant area, in any local electoral area or any administrative or geographical district or other division used for any purpose of public administration; (c) the application or non-application of any enactment to a relevent area; (d) the continuance of legal proceedings commenced by or against any authority concerned before the making of the primary order concerned where such proceedings relate to any matter, right, duty or liability arising, accrued or incurred in, or relating to, any relevant area; (e) such modifications, adaptation or amendment of any enactment as may be necessary for the purposes of the primary order; (f) an adjustment between any authorities concerned (which may include provision for the payment of money, by a single payment or in 2 or more instalments, by one or more authorities concerned to any other authority or authorities concerned) in relation to all or any of the following: (i) any net loss of revenue, actual or prospective, which is or may be incurred by any authority concerned in consequence of the primary order, (ii) property, whether real or personal (including choses-in-action), vested in or belonging to or held in trust for any authority concerned and wholly or partly situated in or relating to any relevant area, (iii) debts (including mortgage debts), charges created by statute and other liabilities (including unliquidated amounts, unliquidated damages arising from torts or breaches of contract and accruing or prospective liabilities), due and unpaid, or incurred and undischarged, and relating wholly or in part to any relevant area, 313 SCH. 11 [No. 37.] Local Government Act 2001 [2001.] (iv) agreements or arrangements between any authorities concerned with respect to financial matters, (v) alteration for specified purposes in the areas of charge provided for in section 10 of the Local Government Act, 1946, (vi) rates and charges due and payable or accruing due, (vii) the assessment and levying of rates and charges in any relevant area, (including the temporary reduction of valuations and the making of abatements), and for giving effect to any matter referred to in clause (v), (vi) or (vii); (g) the transfer of employees of an authority or authorities concerned to any other authority or authorities concerned; (h) the enabling of provision to be made in respect of any matter referred to in subparagraph (f) (where provision in respect of it is not otherwise made by a supplementary order) by agreement between the authorities concerned or in the event of a failure by the authorities concerned to reach agreement, in such manner as may be specified in the order; (i) the preparation of official maps showing the boundary of any relevant area and the evidential value of such maps; (j) transitional matters relating to any development plan (within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1999) in so far as it relates to any relevant area; (k) the continuance of any thing done, or treated by virtue of any enactment as having been done, by, to or in relation to, any authority concerned in relation to any relevant area; (l) the register of electors and polling districts to be used at any election of councillors for any local electoral area; (m) the continuance in office of members of any authority concerned; (n) the alteration of the number of members of any county council, city council or town council concerned; (o) the alteration of any local electoral areas and the number of members assigned to such area for any local authority concerned; (p) any other matter which appears to be necessary or proper for bringing into operation and giving full effect to the primary order. 2. In paragraph 1(k) “thing” includes the following: (a) any written agreement or other instrument in writing or any scheme, plan, statement, policy, strategy, determination, declaration, undertaking, made or adopted by or on behalf of, or to be treated as having been made or adopted by or on behalf of an authority concerned; (b) any direction given, revocation made, or to be treated as having been given or made, by or to an authority concerned; (c) any licence, permit, certificate, permission, consent, approval, authorisation, exemption, relaxation, acknowledgement or dispensation granted or given, or to be treated as having been granted or given, by or to an authority concerned; 314 SCH. 11 [No. 37.] Local Government Act 2001 [2001.] (d) any application, proposal or objection made, or to be treated as having been made, by or to an authority concerned; (e) any condition or requirement imposed, or to be treated as having been imposed, or any notice served or to be treated as having been served, by or on an authority concerned. 3. An adjustment under paragraph 1(f) or an agreement under paragraph 1(h) may include— (a) in the case of property referred to in paragraph 1(f)(ii), provision for the retention of the property by any authority concerned or for the transfer of it to another authority concerned or for the joint use of such property by 2 or more authorities concerned, and (b) in the case of a debt or other liability referred to in paragraph 1(f)(iii), provision for the whole of such debt or liability being borne by any authority concerned or for the apportionment of the liability between 2 or more authorities concerned. Section 63. F299[ SCHEDULE 12 A CTS OF THE O IREACHTAS : F UNCTIONS OF L OCAL A UTHORITIES F299[ PART 1 R ESPONSIBILITY PRIMARILY WITH THE M INISTER Air Pollution Act 1987 Building Control Act 1990 Control of Dogs Acts 1986 and 1992 Derelict Sites Act 1990 Dublin Docklands Development Authority Act 1997 Electoral Acts 1992 to 2004 Environmental Protection Agency Acts 1992 to 2007 Fire Services Acts 1981 and 2003 Housing Acts 1966 to 2004 Housing (Private Rented Dwellings) Acts 1982 and 1983 Licensing of Indoor Events Act 2003 Litter Pollution Acts 1997 to 2003 Local Authorities (Miscellaneous Provisions) Act 1936 Local Authorities (Mutual Assurance) Acts 1926 to 1935 Local Authorities (Officers and Employees) Acts 1926 to 1983 Local Authorities (Works) Act 1949 Local Elections Acts 1974 to 2004 Local Government Acts 1925 to 2007 Local Government (Collection of Rates) Act 1924 Local Government (Multi-Storey Buildings) Act 1988 Local Government (Rates) Act 1970 Local Government (Sanitary Services) Acts 1878 to 2001 Local Government (Superannuation) Act 1980 Local Government (Water Pollution) Acts 1977 to 2007 National Monuments Acts 1930 to 2004 Planning and Development Acts 2000 to 2007 Presidential Elections Acts 1992 to 2004 Protection of the Environment Act 2003 315 SCH. 12 [No. 37.] Local Government Act 2001 [2001.] Seanad Electoral (Panel Members) Acts 1947 to 2001 Town Renewal Act 2000 Urban Renewal Acts 1986 and 1987 Urban Renewal Act 1998 Waste Management Acts 1996 to 2003 Water Services Act 2007 Water Supplies Act 1942] Annotations Amendments: F299 Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 115, S.I. No. 846 of 2007, art. 2. F299[ PART 2 R ESPONSIBILITY PRIMARILY WITH A M INISTER OF THE G OVERNMENT OTHER THAN THE M INISTER F299[Abattoirs Act 1988 Air-raid Precautions Acts 1939 and 1946 Animals Act 1985 Arterial Drainage Acts 1945 and 1995 Arts Act 2003 Canals Acts 1986 and 2005 Casual Trading Act 1995 Civil Defence Acts 1939 to 2002 Coast Protection Act 1963 Communications Regulation Act 2002 Control of Horses Act 1996 Coroners Acts 1962 and 2005 Dangerous Substances Acts 1972 and 1979 Dublin Transport Authority (Dissolution) Act 1987 Finance (Excise Duties) (Vehicles) Acts 1952 and 1960 Food Safety Authority of Ireland Act 1998 Foreshore Acts 1933 to 2005 Gaming and Lotteries Acts 1956 to 2003 Harbours Acts 1996 to 2005 Harbours Acts 1946 to 2005 Health Acts 1947 to 2006 Health (Fluoridation of Water Supplies) Act 1960 Intoxicating Liquor Act 2003 Local Authorities (Higher Education Grants) Acts 1968 to 1992 Local Authorities (Traffic Wardens) Acts 1975 and 1987 Malicious Injuries Acts 1981 and 1986 Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Act 2003 Pounds (Provision and Maintenance) Act 1935 Roads Acts 1993 to 2001 Road Traffic Acts 1961 to 2006 Safety, Health and Welfare at Work Act 2005 Social Welfare Acts State Authorities (Public Private Partnership Arrangements) Act 2002 Údarás na Gaeltachta Acts 1979 to 1999 Universities Acts 1997 and 1999 Valuation Act 2001 316 SCH. 12 [No. 37.] Local Government Act 2001 [2001.] F300[Education and Training Boards Act 2013]] Annotations Amendments: F299 Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 115, S.I. No. 846 of 2007, art. 2. F300 Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 37, S.I. No. 211 of 2013. Section 67.

  326. SCHEDULE 13

    SCHEDULE 13 A MENITIES , R ECREATION AND O THER F UNCTIONS 1 2 Artistic, linguistic and cultural activities The provision of art galleries, arts centres, concert halls, museums, theatres, opera houses and the holding of artistic, linguistic and cultural performances and events and promo- tional activities. Sports, games and similar activities The provision (both indoor and outdoor) of playing fields, athletic tracks, swim- ming pools and other bathing places, sports centres, gymnasia and other facilities and the holding of sporting events. General recreational and leisure activi- The provision of parks, gardens, open ties spaces, playgrounds, play equipment, animals, picnic sites, viewing points, footpaths, walks, boats, piers, other landing places and marinas. Civic improvements The provision of street furniture, paving, clocks, statues, monuments and other features, illumination and decoration and other measures designed to upgrade the local environment. General environmental and heritage Landscaping, the planting of trees and protection and improvement other flora, measures for the conserva- tion, preservation and protection of landscapes and habitats, of buildings and other sites and features of artistic, amenity, architectural, archaeological, historic, heritage or natural interest. 317 SCH. 13 [No. 37.] Local Government Act 2001 [2001.] The public use of amenities (both natural The provision of access, signs, vehicle and made or altered by human interven- parks, safety equipment, information tion) and refreshment facilities, sanitary accommodation, utilities, seating, shel- ter and any other apparatus, equipment or anything else necessary to facilitate such use. Allotments, fairs and markets The provision of land, buildings, services, related amenities and facilities and promotional activity. Promotion of public safety Support of safety programmes and events and local safety support services (including fire safety, road safety, water safety and rescue and mountain and cave safety and rescue); and provision of safety equipment. Section 131.

  327. SCHEDULE 14

    SCHEDULE 14 C ERTAIN R ESERVED F UNCTIONS 1. The procedure at any meeting of a local authority or joint body. 2. The appointment, whether by way of nomination or election, of a person to be a member of a public authority. 3. The election of a Cathaoirleach or a Leas-Chathaoirleach of a local authority by that authority in accordance with Part 5 or of a chairperson of a joint body. 4. The determination of an annual rate on valuation. 5. The making, amending or revoking of a bye-law by a local authority under any other enactment where the provisions governing such making, amendment or revocation do not provide that it is a reserved function. 6. The making or revoking of an order or the passing or rescinding of a resolution by virtue of which an enactment is brought into operation in or is made to apply to the functional area or a part of such area of a local authority. 7. The application to be made to any Minister in respect of the making or revoking of any such order as is mentioned in paragraph 6. 8. The demanding (however expressed) under any enactment including this Act of the whole or a part of the expenses of a local authority or of a joint body from any other local authority. Sections 131 and 131A F301[ SCHEDULE 14A PART 1 318 SCH. 14A [No. 37.] Local Government Act 2001 [2001.] Reserved Functions to be Performed, Subject to Section 131A(4), by Municipal District Members Reference Description of reserved function Provision under which No. (2) reserved function is (1) conferred (3) 1 Adopting or reverting to the title “Cathaoirleach” and “Leas- Section 32 and Schedule Chathaoirleach” and giving to the office of Cathaoirleach or 8. Leas-Chathaoirleach alternative titles. 2 Removal from office of the Cathaoirleach or Leas-Chathaoirleach. Section 34. 3 Deciding to hold special meetings; appointing days and times Section 44 and para- of meetings; appointing a regular schedule for the holding of graphs 1, 2, 3, 8, 13, 16 ordinary meetings; appointing different days, times and places and 19 of Schedule 10. for different meetings; appointing the day for holding the annual meeting other than in a year in which a local election is held; making additional arrangements for the giving of public notice of meetings; resolving that a member leave a meeting; making, amending or revoking standing orders; making rules for the purpose of ensuring that appointments to bodies are made fairly and equitably. 4 Deciding to meet in committee for whole or part of a meeting Section 45. where the municipal district members consider that such action is not contrary to the overall public interest. 5 Establishing a committee to consider matters connected with Subsections (1) (a), (3) the functions of the local authority and to assist and advise the and (4) of section 51. authority on those matters; appointing the members of a committee; and dissolving a committee. 6 Adoption of statements regarding the economic elements of the Section 66C (inserted by local economic and community plan for the consideration of the section 44 of the Local elected council of the local authority. Government Reform Act 2014). 7 Adoption of statements regarding the community elements of Section 66C (inserted by the local economic and community plan for the consideration section 44 of the Local of the elected council of the local authority. Government Reform Act 2014). 8 Consideration of and making amendments to a draft budgetary Section 102(4A). plan. 9 Consideration and adoption of an annual schedule of proposed Section 103A. works to be carried out in the district. 10 Establishing a community fund for the purposes of supporting Section 109. community initiatives. 11 Adopting a scheme for the making of an annual contribution by Section 110. the occupier of each dwelling in the area to which the scheme applies towards particular community initiatives specified in the scheme. 12 Deciding, subject to the approval of the Minister, that a partic- Section 131A. ular function of the municipal district members should be performed only by the local authority. 13 A decision to pay an allowance for reasonable expenses of Section 143. Cathaoirleach and Leas-Chathaoirleach and the determination of the amount of the allowance. 14 The approval of information to be included in an annual report Section 221. in relation to the performance of functions by the municipal district members. 319 SCH. 14A [No. 37.] Local Government Act 2001 [2001.] Reference Description of reserved function Provision under which No. (2) reserved function is (1) conferred (3) 15 Deciding that a named member leave a meeting or that the Paragraph 13 of Sched- member was the cause of the meeting being adjourned. ule 10. 16 Deciding to pay certain expenses to non-members of a local Article 9 of the Local authority for attendance at committees or joint committees. Government (Expenses of Local Authority Members) Regulations 1993 (S.I. No. 391 of 1993). 17 The delegation to a designated body of a function (including Section 9 of the Housing maintenance) in respect of the management and control of any (Miscellaneous Provi- specified dwellings or the revocation of any such delegation. sions) Act 1992. 18 The delegation to a designated body of a function (including Section 30 of the Hous- maintenance) in respect of the management and control of a ing (Miscellaneous dwelling or the revocation of any such delegation. Provisions) Act 2009. 19 Making representations to the Minister in relation to an order Section 94 of the Road made by the Minister closing particular roads to vehicles. Traffic Act 1961. 20 The making of arrangements in relation to school wardens. Section 96 of the Road Traffic Act 1961. 21 Entry into an agreement for the exercise of power under the Section 7 of the Local Local Authorities (Traffic Wardens) Act 1975 by another local Authorities (Traffic authority. Wardens) Act 1975. 22 The making of an order declaring a road to be a public road and Section 11 of the Roads consideration of objections or representations in relation to Act 1993, as applied by such declaration. section 180 of the Act of 2000. 23 The making of an order abandoning a public road and the Section 12 of the Roads consideration of objections or representations in relation to a Act 1993. proposal to abandon a public road and the report and any recommendations of a person appointed to conduct an oral hearing. 24 The making of an order extinguishing a public right of way and Section 73 of the Roads the consideration of objections or representations in relation Act 1993. to a proposal to extinguish a public right of way and the report and any recommendations of a person appointed to conduct an oral hearing. 25 The making of a resolution (pursuant to regulations under section Section 35 of the Road 35(2) (l) of the Road Traffic Act 1994) specifying the places in Traffic Act 1994. which vehicles may be parked either indefinitely or for any period not exceeding a specified period. 26 Making of bye-laws for the control and regulation of the parking Section 36 of the Road of vehicles in specified places on public roads (including provi- Traffic Act 1994. sion for the payment of fees for parking) and the consideration of observations or representations in relation to draft bye-laws. 27 Making of a resolution to determine the manner in which fees Section 36 of the Road in respect of parking shall be disposed of. Traffic Act 1994. 28 The making of a decision to provide or remove prescribed traffic Section 38 of the Road calming measures and the consideration of observations or Traffic Act 1994. representations in relation to a proposal to provide or remove such measures. 320 SCH. 14A [No. 37.] Local Government Act 2001 [2001.] Reference Description of reserved function Provision under which No. (2) reserved function is (1) conferred (3) 29 The making of bye-laws in relation to stands for taxis. Section 84 (as amended by section 15 of the Road Traffic Act 2002) of the Road Traffic Act 1961. 30 Making, or refusing to make, or revocation or amendment of, a Section 205 of the Act of tree preservation order. 2000. 31 Making of bye-laws in relation to the control, regulation, Section 6 of the Casual supervision and administration of casual trading. Trading Act 1995. 32 The extinguishment of a market right. Section 8 of the Casual Trading Act 1995. 33 The making, review, amendment or replacement of a litter Section 13 of the Litter management plan. Pollution Act 1997. 34 Making bye-laws for the purposes of preventing the creation of, Section 21 (as amended and controlling, litter. by section 57 of the Protection of the Envi- ronment Act 2003) of the Litter Pollution Act 1997. 35 The making of submissions to a fire authority regarding a Section 23 of the Licens- proposed indoor event that requires a licence. ing of Indoor Events Act 2003. 36 The approval of a draft bye-law, the consideration of submissions Section 199. in relation to such draft bye-law and the making, amendment or revocation of a bye-law. 37 Adopting, amending or rescinding a resolution concerning the Section 5 (as amended expiry times of a special exemption order. by section 11 of the Intoxicating Liquor Act 2003) of the Intoxicating Liquor Act 1927. 38 Making of bye-laws in respect of the use of temporary dwellings. Section 30 of the Local Government (Sanitary Services) Act 1948. 39 Making an order prohibiting the erection or retention of Section 31 of the Local temporary dwellings. Government (Sanitary Services) Act 1948. 40 Making bye-laws in relation to any national monument of which Section 9 of the National the local authority is the owner or the guardian. Monuments (Amend- ment) Act 1987. 41 Adopting a proposal to substitute a new placename in respect Section 189 (as amended of a place. by section 48 of the Environment (Miscella- neous Provisions) Act 2011). 42 Deciding to hold a ballot in respect of a proposal to change a Section 189 (as amended placename or deciding not to proceed with the proposal. by section 48 of the Environment (Miscella- neous Provisions) Act 2011). 321 SCH. 14A [No. 37.] Local Government Act 2001 [2001.] Reference Description of reserved function Provision under which No. (2) reserved function is (1) conferred (3) 43 Adopting or rescinding Part III (Licensing for Gaming of Amuse- Section 13 of the ment Halls and Funfairs) of Gaming and Lotteries Act 1956. Gaming and Lotteries Act 1956. 44 Decision to make a charge in relation to amenities, facilities, Section 66. services or any other thing provided by a local authority under section 66 of the Local Government Act 2001. 45 Making of rules in relation to arrangements for attendance and Section 127.] raising of issues by interested persons at meetings. Annotations Amendments: F301 Schedule inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(4) and sch. 3, S.I. No. 214 of 2014. F302[ PART 2 Reserved Functions that May be Performed under Section 131A(1) (b) in Respect of a Municipal District by Municipal District Members or the Local Authority Reference Description of reserved function Provision under which No. (2) reserved function is (1) conferred (3) 1 A decision of a local authority to confer a civic honour on a Section 74. person. 2 A decision to enter into arrangements for twinning with any Section 75. other area. 3 A decision to incur reasonable expenditure for or in connection Section 76. with the provision of receptions and entertainment and the making of presentations. 4 Requiring that specified action be taken in accordance with Section 127. section 127 for the purpose of consultation with the local community. 5 Determining the policy of the local authority or the municipal Section 130. district members. 6 Directing that a second legal opinion be obtained by the local Section 132. authority in relation to the exercise or performance of a reserved function. 7 Deciding that a report on the capital programme may be Section 135. considered at a meeting other than the local authority budget meeting. 8 Requiring a chief executive to prepare and submit plans, speci- Section 137. fications and an estimate of cost of any particular work specified in a resolution. 322 SCH. 14A [No. 37.] Local Government Act 2001 [2001.] Reference Description of reserved function Provision under which No. (2) reserved function is (1) conferred (3) 9 Directing a chief executive to inform the council of the manner Section 138. in which he or she proposes to perform any specified executive function of the local authority. 10 Requesting a member of a local authority to present a report Section 141. on the activities and operation of another body to which the member is elected, appointed or nominated by that authority. 11 Approving a proposal of the chief executive to grant permission Section 34 (as amended for the development of land which would contravene materially by Schedule 2 to the the development plan or local area plan. Local Government Reform Act 2014) of the Act of 2000. 12 A decision in relation to the making, amendment or revocation Section 20 (as amended of a local area plan within the meaning of the Act of 2000. by section 9 of the Plan- ning and Development (Amendment) Act 2002 and section 13 of the Planning and Develop- ment (Amendment) Act 2010) of the Act of 2000. 13 The making of an addition to, or a deletion from, a record of Section 54 of the Act of protected structures to which Part IV of the Act of 2000 relates. 2000. 14 Approving, amending or revoking a special planning control Section 85 and 86 of the scheme. Act of 2000. 15 Deciding to vary or modify a proposed local authority own Section 179 of the Act of development, or deciding not to proceed with the development. 2000. 16 Making, or refusing to make an order creating a public right of Section 207 of the Act of way over any land. 2000. 17 Deciding to vary or modify, or not to proceed with, an event Section 238 of the Act of proposed to be carried out by a local authority. 2000. 18 The preparation, making, adoption or variation of a housing Section 14 of the Hous- services plan, or draft plan. ing (Miscellaneous Provisions) Act 2009. 19 The making of a decision in relation to the representation of Section 64. the views of the local community. 20 A decision by a local authority to provide assistance in money Section 66. or in kind under section 66 for promotion of the interests of the local community. 21 A declaration that a body be a recognised association for the Section 128. purposes of section 128. 22 Observations in regard to a preliminary flood risk assessments, Sections 8, 12, 18, 20, a flood hazard map, a flood risk map, or both such maps, a flood 27 and 40 of European risk management plan, and a flood risk management scheme, Communities (Assess- prepared by the Commissioners of Public Works in Ireland; ment and Management deciding whether to adopt or otherwise a flood risk management of Flood Risks) Regula- plan; and objection to the issue of a certificate of completion tions 2010 (S.I. No. 122 of flood risk management works. of 2010). 23 Consideration of and observations in regard to a drainage Section 5 of Arterial scheme prepared by the Commissioners of Public Works in Drainage Act 1945. Ireland. 323 SCH. 14A [No. 37.] Local Government Act 2001 [2001.] Reference Description of reserved function Provision under which No. (2) reserved function is (1) conferred (3) 24 Objection to the issue of a certificate of completion of drainage Section 13 of Arterial works. Drainage Act 1945. ] Annotations Amendments: F302 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(4) and sch. 3, S.I. No. 214 of 2014. Editorial Notes: E302 Conditions, restrictions and other procedures in relation to the performance by municipal district members of reserved functions under this Part provided (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014). F303[ PART 3 Reserved Functions to be Performed by the Local Authority Reference Description of reserved function Provision under which No. (2) reserved function is (1) conferred (3) 1 Extending the period of permitted absence from attendance at Section 18. local authority meetings. 2 Adopting a proposal for the alteration of the number of members Section 22. of certain local authorities. 3 Adopting or reverting to the title “Cathaoirleach” and “Leas- Section 32 and Schedule Chathaoirleach” and giving to the office of Cathaoirleach or 8. Leas-Chathaoirleach alternative titles. 4 Removal from office of the Cathaoirleach or Leas-Chathaoirleach Section 34 (as amended or the chairperson of any strategic policy committee. by section 38 of the Local Government Reform Act 2014). 5 Deciding to fix the day or days for the first meetings of the Paragraph 4 Schedule 10 municipal district members for each of the municipal districts (as amended by section within the functional area of the local authority. 57 of the Local Govern- ment Reform Act 2014). 324 SCH. 14A [No. 37.] Local Government Act 2001 [2001.] Reference Description of reserved function Provision under which No. (2) reserved function is (1) conferred (3) 6 Deciding to hold special meetings; appointing days and times Section 44 and para- of meetings; appointing a regular schedule for the holding of graphs 1, 2, 3, 8, 13, 16 ordinary meetings; appointing different days, times and places and 19 of Schedule 10. for different meetings; appointing the day for holding the annual meeting other than in a year in which a local election is held; making additional arrangements for the giving of public notice of meetings; resolving that a member leave a meeting; making, amending or revoking standing orders; and making rules for the purpose of ensuring that appointments to bodies are made fairly and equitably. 7 Deciding to meet in committee for whole or part of a meeting Section 45. where the authority considers that such action is not contrary to the overall public interest. 8 Establishing a committee to consider matters connected with Section 51. the functions of the local authority and to assist and advise the authority on those matters or to perform functions of the authority; appointing the members of a committee; and dissolving a committee. 9 Establishing a joint committee of 2 or more local authorities to Section 52. consider and advise on specified matters, or to perform functions delegated to it, delegating reserved functions to a joint committee and dissolving such a committee. 10 Making the integrated local economic and community plan. Section 66C(4) (inserted by section 44 of the Local Government Reform Act 2014). 11 Preparing, reviewing and updating the implementation strategy Section 66E (inserted by for the economic elements of the local economic and community section 44 of the Local plan. Government Reform Act 2014). 12 Entering into an agreement with another local or public Section 85. authority for the performance by one of the authorities concerned of any function of the other. 13 Adopting the draft local authority budget. Section 103 (substituted by section 58 of the Local Government Reform Act 2014). 14 Determining the annual rate on valuation to be levied. Section 103 (substituted by section 58 of the Local Government Reform Act 2014). 325 SCH. 14A [No. 37.] Local Government Act 2001 [2001.] Reference Description of reserved function Provision under which No. (2) reserved function is (1) conferred (3) 15 Specifying a local electoral area or local electoral areas within Section 14 (as amended the administrative area of the local authority where owners of by section 31 of the vacant premises shall be entitled to claim and receive a refund Local Government of differing proportion of such rate to that that would otherwise Reform Act 2014) of the apply to the rest of the administrative area and deciding what Local Government Act proportion of refund shall apply in respect of each of those 1946, section 20 (as so specified electoral districts. amended) of the Cork City Management Act 1941 and section 71 (as so amended) of the Local Government (Dublin) Act 1930. 16 Adoption of a schedule of proposed works of maintenance and Subsection (4) of section repair to be carried out in a municipal district, if the schedule 103A (inserted by is not adopted by the municipal district members. section 58 of the Local Government Reform Act 2014). 17 Authorising the incurring of additional expenditure and adopting Section 104. and amending a scheme authorising the chief executive to incur additional expenditure without prior approval of the elected council. 18 Requiring the preparation and submission to the local authority Section 105. members of financial statements. 19 A decision to borrow money or to lend money to another local Section 106. authority. 20 Delegation of additional functions to municipal district members Section 131A (inserted or revocation of such delegation. by section 21 of the Local Government Reform Act 2014). 21 Performing, in accordance with regulations, a specified function Section 131A (inserted in place of municipal district members in a particular case or by section 21 of the occasion. Local Government Reform Act 2014). 22 Extending a direction by the Cathaoirleach of a county council, Section 133. a city council or a city and county council requiring the chief executive to refrain from doing a particular act, matter or thing. 23 Approving the corporate plan with or without amendment. Section 134. 24 Adopting the draft local authority service delivery plan. Section 134A (inserted by section 50 of the Local Government Reform Act 2014). 25 Directing that certain works shall not proceed. Section 139. 26 Requiring a particular act, matter or thing to be done or effected Section 140. in the performance of executive functions of the local authority, other than certain prescribed matters. 27 Authorisation by an elected council of one or more of its Subsection (5A) (insert- members to avail of training or attend training events. ed by section 53 of the Local Government Reform Act 2014) of section 141. 326 SCH. 14A [No. 37.] Local Government Act 2001 [2001.] Reference Description of reserved function Provision under which No. (2) reserved function is (1) conferred (3) 28 Authorising representation of the authority by councillors at a Section 142. conference, seminar or other meeting or event, or to avail of training or attend training events. 29 A decision to pay an allowance for reasonable expenses of Section 143. Cathaoirleach and Leas-Chathaoirleach and the determination of the amount of the allowance. 30 The appointment, suspension or removal of a chief executive Sections 145 and 146. by a county council, a city council, or city and county council. 31 Resolving that disposal of land which is held by a local authority Section 183. shall be carried out in accordance with terms specified in the resolution, or that it shall not be carried out. 32 Making an order to declare an area to be an area of special Section 202 of the Act of amenity. 2000. 33 Making, or refusing to make, or revocation or amendment of, Section 204 of the Act of an order designating any area or place as a landscape conserva- 2000. tion area. 34 The adoption of an annual report under section 221. Section 221. 35 Deciding to hold or to cease to hold membership of an associa- Section 225. tion of local authorities. 36 Declaring that another local authority shall be the successor of Section 230. a specified joint burial board or cemetery joint committee which is to be dissolved. 37 Deciding that a named member leave a meeting of a local Paragraph 13 of Sched- authority. ule 10 (as amended by section 57 of the Local Government Reform Act 2014). 38 Deciding that a named member was the cause of a meeting being Paragraph 13 of Sched- adjourned, with a consequential reduction in remuneration and ule 10 (as amended by expenses. section 57 of the Local Government Reform Act 2014). 39 Deciding that a named member was the cause of a meeting being Paragraph 13 of Sched- adjourned and should be suspended from attendance at meet- ule 10 (as amended by ings, with a consequential cessation of payment of remuneration section 57 of the Local and expenses for the suspension period imposed, and the early Government Reform Act lifting of the suspension. 2014). 40 Deciding to pay certain expenses to non-members of a local Article 9 of the Local authority for attendance at committees or joint committees. Government (Expenses of Local Authority Members) Regulations 1993 (S.I. No. 391 of 1993). 41 Applying to the Minister to make an order under subsection (8) Section 29(8) of the of section 29 of the Local Government Reform Act 2014 that the Local Government adjustment period, referred to in that section and applicable to Reform Act 2014. a specified area within the administrative area of the local authority, may be extended by a period not greater than 10 years and stating the length of extension being sought. 327 SCH. 14A [No. 37.] Local Government Act 2001 [2001.] Reference Description of reserved function Provision under which No. (2) reserved function is (1) conferred (3) 42 Making or amendment of a scheme for the waiver of rates and Sections 2 and 4 of the determination of classes of property in respect of which rates Local Government may be paid by instalments. (Rates) Act 1970. 43 Proposing that the boundary of a county, a city, or a city and Section 29 of the Local county be altered, making a statement of response to such Government Act 1991. proposal, amending the proposal and deciding to make an application to the Minister for the making of an order altering the boundary. 44 Nominating a person to be a candidate at a presidential election. Section 16 of the Presi- dential Elections Act 1993. 45 Adopting a purchase scheme applying to the sale of dwellings. Section 90 (inserted by section 26 of the Hous- ing (Miscellaneous Provisions) Act 1992) of the Housing Act 1966, as amended by section 183. 46 The making of an agreement between authorities to enable a Section 109 of the housing authority to perform any of its housing functions outside Housing Act 1966. its functional area. 47 The determination of the terms and conditions under which Section 6 of the Housing assistance is provided to another housing authority or an (Miscellaneous Provi- approved body. sions) Act 1992. 48 Adoption of a policy for the effective performance of functions Section 9 of the Housing under section 58(1) of the Housing Act 1966 or an amendment (Miscellaneous Provi- to such a policy. sions) Act 1992. 49 The transfer, sale or assignment of mortgages, unless it is the Section 14 of the Hous- subject of a direction by the Minister. ing (Miscellaneous Provisions) Act 1992. 50 The adoption of a traveller accommodation programme or an Section 7 of the Housing amendment to, or replacement of, the programme. (Traveller Accommoda- tion) Act 1998. 51 The making of an appointment to a local traveller accommoda- Section 22 of the Hous- tion consultative committee. ing (Traveller Accommo- dation) Act 1998. 52 The making and amending of a scheme which determines the Section 98 of the Act of order of priority for allocation of affordable houses provided 2000. under Part V of the Planning and Development Act 2000. 53 Making and amending a scheme that determines the order of Section 8 of the Housing priorities for allocation of affordable houses made available for (Miscellaneous Provi- sale under Part 2 of the Housing (Miscellaneous Provisions) Act sions) Act 2002. 2002. 54 The making or amendment of an allocation scheme determining Section 22 of the Hous- the order of priority to be accorded in the allocation of ing (Miscellaneous dwellings. Provisions) Act 2009. 55 The making and revocation of a rent scheme providing for the Section 31 of the Hous- manner in which rents and other charges in respect of dwellings ing (Miscellaneous shall be determined. Provisions) Act 2009. 328 SCH. 14A [No. 37.] Local Government Act 2001 [2001.] Reference Description of reserved function Provision under which No. (2) reserved function is (1) conferred (3) 56 The drawing up and adoption of, and the amendment of, an anti- Section 35 of the Hous- social behaviour strategy. ing (Miscellaneous Provisions) Act 2009. 57 The adoption or amendment of a Homelessness Action Plan. Section 40 of the Hous- ing (Miscellaneous Provisions) Act 2009. 58 The adoption of a proposal to designate an apartment complex Section 53 of the Hous- for the purpose of making the apartments available for sale to ing (Miscellaneous the tenants. Provisions) Act 2009. 59 The designation of an apartment complex in accordance with a Section 55 of the Hous- section 53 proposal. ing (Miscellaneous Provisions) Act 2009. 60 The extension of the initial selling period for apartments in a Section 56 of the Hous- designated apartment complex. ing (Miscellaneous Provisions) Act 2009. 61 Functions of a road authority in relation to abandonment of a Section 21 of the Trans- railway line. port Act 1950. 62 The making of representations by a road authority to the Section 22 of the Roads National Roads Authority and to the Minister for Transport Act 1993. regarding a proposed national road alignment. 63 The making of a scheme for the establishment of a system of Sections 57 and 60 (as tolls in relation to a regional road or a local road, the making amended by sections of representations to the National Roads Authority in relation 271 and 273 of the Act to a toll scheme in relation to a national road and the making of 2000) of the Roads of an order revoking a toll scheme in relation to a regional road Act 1993. or a local road. 64 The making of toll bye-laws in relation to a regional road or a Section 61 (as amended local road. by section 274 of the Act of 2000) of the Roads Act 1993. 65 Entering into an agreement for financing, maintenance, Section 63 (as amended construction and operation of toll roads in relation to a regional by section 275 of the Act road or a local road. of 2000) of the Roads Act 1993. 66 The making of special speed limit bye-laws. Section 9 of the Road Traffic Act 2004. 67 The making of bye-laws to regulate and control skips on public Section 72 of the Roads roads and the consideration of objections or representations in Act 1993. relation to the draft bye-laws. 68 Entering into an agreement with the Commissioners for Public Section 16 of the Canals Works in Ireland for the transfer of a bridge over a canal. Act 1986. 69 The making of a development plan and making or refusing to Sections 9, 12 and 13 of make a variation of a development plan which for the time being the Act of 2000. is in force. 70 The revocation or modification of a permission to develop land Section 44 of the Act of if the development to which the permission relates no longer 2000. conforms with the provisions of the development plan. 71 Making a development contribution scheme. Section 48 of the Act of 2000. 329 SCH. 14A [No. 37.] Local Government Act 2001 [2001.] Reference Description of reserved function Provision under which No. (2) reserved function is (1) conferred (3) 72 Making or amending a supplementary development contribution Section 49 of the Act of scheme. 2000. 73 Deciding to make, subject to variations and modifications, or Section 169 (as amended deciding not to make a draft planning scheme for strategic by section 51 of the development zones. Planning and Develop- ment (Amendment) Act 2010) of the Act of 2000. 74 Amending or revoking a planning scheme for strategic develop- Section 171 of the Act of ment zones. 2000. 75 Adoption by a planning authority of a code of conduct for dealing Section 150 of the Act of with conflicts of interest and promoting public confidence in 2000. the integrity of the conduct of its business. 76 Making or terminating of an agreement by two or more planning Section 244 of the Act of authorities for sharing the cost of performing functions under 2000. the Planning and Development Act 2000. 77 Directing the manner in which a list of the planning applications Article 27 (inserted by received shall be made available to the members of a planning the Planning and Devel- authority. opment Regulations 2006 (S.I. No. 685 of 2006)) of the Planning and Development Regu- lations 2001 (S.I. No. 600 of 2001). 78 Directing the manner in which a list of planning applications in Article 32 (inserted by respect of which decisions were given shall be made available the Planning and Devel- to the members of a planning authority. opment Regulations 2006) of the Planning and Development Regu- lations 2001. 79 Examining and considering a drainage scheme sent to a county Section 5 of the Arterial council by the Commissioners of Public Works and providing Drainage Act 1945 and observations to the Commissioners in regard to such scheme. section 5 of the Arterial Drainage (Amendment) Act 1995 80 The consideration of a report on proposed coast protection Sections 2, 5, 8, 10 and works and the making of a declaration for the promotion of a 18 of the Coast Protec- coast protection scheme, the consideration of a report by the tion Act 1963. Commissioners of Public Works and the making of a declaration on the preparation and execution of a coast protection scheme, the making of a declaration that a coast protection scheme is or is not to be proceeded with and the making of an objection to the issue of a certificate of completion. 81 The making of an agreement by a fire authority to provide Section 10 of the Fire services for, or avail of the services of, any body or person other Services Act 1981. than a fire authority and the making of an agreement between fire authorities for the purpose of any of their functions. 82 The making and revision by a fire authority of a plan for fire and Section 26 of the Fire emergency operations. Services Act 1981. 330 SCH. 14A [No. 37.] Local Government Act 2001 [2001.] Reference Description of reserved function Provision under which No. (2) reserved function is (1) conferred (3) 83 The making of a financial contribution by a local authority to Section 18 of the Air support or assist any person, or body of persons, engaged, or Pollution Act 1987. proposing to engage, in any research, survey or investigation into the nature and extent, the cause and effect, and the prevention or limitation, of air pollution or in any educational programme relating to such matters. 84 The making, revoking or amending by a local authority of a Section 39 of the Air special control area order to prevent or limit air pollution and Pollution Act 1987. the giving of consent to the making of such an order by any other local authority. 85 Entry into an agreement with the Environmental Protection Section 45 of the Envi- Agency to exercise or perform any function or service on behalf ronmental Protection of the Agency. Agency Act 1992. 86 The making, review, variation or replacement by a local Section 46 of the Air authority of an air quality management plan. Pollution Act 1987. 87 The making, revision or replacement by a local authority of a Section 15 of the Local water quality management plan. Government (Water Pollution) Act 1977. 88 The making by a local authority of a contribution to the funds Section 29 of the Local of a person engaged in or proposing to engage in research, Government (Water surveys or investigations in relation to water pollution. Pollution) Act 1977. 89 The making by a local authority of bye-laws in relation to a Section 89 of the harbour under its control or management, including bye-laws Harbours Act 1996 and with respect to the use of, and the safety of navigation within, section 199. a harbour and generally with respect to the regulation of a harbour, and for the purpose of enabling it to impose charges. 90 The making by a local authority of bye-laws declaring all or any Sections 13 and 17 of part of its functional area to be a control area where it is satis- the Control of Horses fied that horses in that area should be licensed. Act 1996. 91 The making of bye-laws providing certain exemptions in relation Sections 13 and 19 of to a horse licence. the Control of Horses Act 1996. 92 The entering by a local authority into arrangements with Sections 13 and 20 of another local authority, or any termination thereof, in relation the Control of Horses to the application for and the granting of horse licences on its Act 1996. behalf. 93 The making, replacement or revision of a water services strategic Section 36 of the Water plan, an application to the Minister for an extension of not more Services Act 2007. than 3 months after the latest date for the making of a water services strategic plan, and approving a joint plan, by a water services authority. 94 The making of bye-laws, for the purpose of preventing or elimi- Section 21 of the Local nating the entry of polluting matter to waters, prohibiting the Government (Water carrying on of a specified activity. Pollution) (Amendment) Act 1990. 95 The establishment of environmental objectives and the estab- Article 12 of the Euro- lishment of a programme of measures in order to achieve those pean Communities objectives in relation to each river basin district. (Water Policy) Regula- tions 2003 (S.I. No. 722 of 2003). 331 SCH. 14A [No. 37.] Local Government Act 2001 [2001.] Reference Description of reserved function Provision under which No. (2) reserved function is (1) conferred (3) 96 The making and updating of a river basin management plan. Article 13 of the Euro- pean Communities (Water Policy) Regula- tions 2003. 97 The making of bye-laws in relation to presentation of waste for Section 35 of the Waste collection. Management Act 1996. 98 The adoption of a library development programme. Section 78. 99 Entry by a local authority into an agreement for the Health Section 8 of the Health Service Executive to perform a function on the authority’s behalf. Act 2004. 100 The making or revoking of a determination for the provision of Section 274 of the Social meals for children attending a national school situated outside Welfare (Consolidation) the authority’s functional area. Act 1981. 101 The making by a city council of a scheme in relation to the Section 279 of the Social provision of meals (other than meals in national schools). Welfare (Consolidation) Act 1981. 102 The making of a decision to provide a public abattoir. Section 19 of the Abat- toirs Act 1988. 103 The making of a scheme dividing a county or city into polling Section 28 (as amended districts and appointing a polling place for each polling district by section 2 of the Elec- and an appointment of an alternative polling place for a polling toral (Amendment) Act district in a scheme for the time being in force. 1996) of the Electoral Act 1992. 104 Entry into arrangements under section 15(2) or 15(3) of the Section 15 (as amended Control of Dogs Act 1986and the granting of assistance (other by section 6 of the than the provision of services of staff) under section 15(4) of Control of Dogs that Act. (Amendment) Act 1992) of the Control of Dogs Act 1986. 105 The making of bye-laws relating to control of dogs. Section 17 (inserted by section 211) of the Control of Dogs Act 1986. 106 Where regulations provide for the issue of polling information Section 27. cards by a local authority, a decision to issue them. 107 The passing by a local authority of a resolution that the basic Section 20 of the rate of local property tax should stand varied (either upwards Finance (Local Property or downwards) by a specified percentage in respect of relevant Tax) Act 2012. residential properties situated in the local authority’s functional area. 108 Establishing, dissolving or replacing a local community develop- Section 49A (inserted by ment committee. section 36(1) of the Local Government Reform Act 2014). 109 Appointment of members of a local community development Section 128D (inserted committee. by section 36(2) of the Local Government Reform Act 2014). 332 SCH. 14A [No. 37.] Local Government Act 2001 [2001.] Reference Description of reserved function Provision under which No. (2) reserved function is (1) conferred (3) 110 Approving a local and community development programme. Section 128B (inserted by section 36(2) of the Local Government Reform Act 2014). 111 Adoption of an implementation plan setting out the steps to be Section 126D (inserted taken in respect of a report of the National Oversight and Audit by section 61(1) of the Commission. Local Government Reform Act 2014). 112 Adoption of a statement indicating the actions already taken or Section 132 (inserted by planned to be taken by the chief executive to carry out the section 47 of the Local directions of the council in relation to the exercise and perfor- Government Reform Act mance of the reserved functions are not sufficient, stating the 2014). reasons for such opinion. 113 The adoption of a Framework for Public Participation in Local Section 127 (inserted by Government. section 46 of the Local Government Reform Act 2014). ] Annotations Amendments: F303 Inserted (1.06.2014) by Local Government Reform Act 2014 1/2014), s. 21(4) and sch. 3, S.I. No. 214 of 2014. Editorial Notes: E303 Conditions in relation to the delegation by the elected council of the local authority of reserved functions under this Part to municipal district members provided (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014). Section 151.

  328. SCHEDULE 15

    SCHEDULE 15 F UNCTIONS TO BE DONE BY M ANAGER ’ S O RDER 1. A decision on an application under any enactment for the grant of a permission, approval, permit, consent, certificate, licence or other form of statutory authorisa- tion. 2. A statutory notice served under the provisions of any enactment requiring compliance with such enactment. 3. A decision to take legal proceedings. 4. The acquisition or disposal of land or an agreement regarding the use of land. 333 SCH. 15 [No. 37.] Local Government Act 2001 [2001.] 5. The letting of a dwelling. 6. The acceptance of a tender. 7. The award of grants, loans or other financial assistance. 8. The appointment of staff. Section 36(3) F304[SCHEDULE 16 Relevant Bodies to which Section 128F(1)(d) Relates (1) Pobal (2) Avondhu/Blackwater Partnership Limited (3) Ballyhoura Development Limited (4) Bray Area Partnership Limited (5) Breffni Integrated Development Limited (6) Carlow County Development Partnership Limited (7) Cill Dara Ar Aghaidh Teoranta (8) Clare Local Development Company Limited (9) Comhar na nOileáin Teoranta (10) Comhair Chathair Chorcaí Teoranta (11) County Kilkenny LEADER Partnership Company Limited (12) County Sligo LEADER Partnership Company Limited (13) Co. Wicklow Community Partnership (14) Donegal Local Development Company Limited (15) Fingal Leader Partnership Company Limited (16) Forum Connemara Limited (17) Galway City Partnership Limited (18) Galway Rural Development Company Limited (19) Inishowen Development Partnership (20) IRD Duhallow Limited (21) Laois Community and Enterprise Development Company Limited (22) Leitrim Integrated Development Company Limited (23) Longford Community Resources Limited (24) Louth LEADER Partnership (25) Mayo North East LEADER Partnership Company Teoranta 334 SCH. 16 [No. 37.] Local Government Act 2001 [2001.] (26) Meath Community Rural and Social Development Partnership Limited (27) Monaghan Integrated Development Limited (28) North and East Kerry LEADER Partnership Teoranta (29) North Tipperary LEADER Partnership (30) Northside Partnership Limited (31) Offaly Integrated Local Development Company Limited (32) People Action Against Unemployment Limited (33) Rathmines Pembroke Community Partnership Limited (34) Roscommon Integrated Development Company Limited (35) South and East Cork Area Development Partnership Limited (36) South Dublin County Partnership Limited (37) South Kerry Development Partnership Limited (38) South Tipperary Development Company Limited (39) South West Mayo Development Company Limited (40) Southside Partnership DLR Limited (41) The Ballyfermot / Chapelizod Partnership Company Limited (42) The Ballymun Partnership Limited (43) The Blanchardstown Area Partnership Limited (44) Tolka Area Partnership Limited (45) Waterford Area Partnership Limited (46) Waterford LEADER Partnership Limited (47) West Cork Development Partnership Limited (48) West Limerick Resources Limited (49) Westmeath Community Development Limited (50) Wexford Local Development.] Annotations Amendments: F304 Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 36(3) and sch. 5, S.I. No. 214 of 2014. 335

Local Government Act 2001 · Nelum