Organisation

Table of Contents

Local Government Act 1991

An Act to amend and extend the law relating to local government.
[18th May, 1991]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Part I Preliminary and General

1. Short title, collective citations, construction and commencement.
(1) This Act may be cited as the Local Government Act, 1991.

(2) The Local Government Acts, 1925 to 1985, and this Act may be cited together as the Local Government Acts, 1925 to 1991, and shall be construed together as one Act.

(3) The County Management Acts, 1940 to 1988, and so much of this Act as relates to the management of counties, elective bodies and the county borough of Galway may be cited together as the County Management Acts, 1940 to 1991.

(4) The Cork City Management Acts, 1929 to 1988, and so much of this Act as relates to the management of the county borough of Cork may be cited together as the Cork City Management Acts, 1929 to 1991.

(5) The Local Government (Dublin) Acts, 1930 to 1988, and so much of this Act as relates to the management of the county borough of Dublin may be cited together as the Local Government (Dublin) Acts, 1930 to 1991.

(6) The Limerick City Management Acts, 1934 to 1988, and so much of this Act as relates to the management of the county borough of Limerick may be cited together as the Limerick City Management Acts, 1934 to 1991.

(7) The Waterford City Management Acts, 1939 to 1988, and so much of this Act as relates to the management of the county borough of Waterford may be cited together as the Waterford City Management Acts, 1939 to 1991.

(8) The Local Elections Acts, 1963 to 1986, Part III and so much of the Local Government (Reorganisation) Act, 1985, and Part IV as relates to local elections may be cited together as the Local Elections Acts, 1963 to 1991.

(9) The Local Government (Planning and Development) Acts, 1963 to 1990, and section 45 may be cited together as the Local Government (Planning and Development) Acts, 1963 to 1991.

(10) This Act shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefore 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 and revocation effected by section 4 of different enactments.

2. Interpretation.

(1) In this Act, except where the context otherwise requires—
“committee” means a committee established under section 37;
“direction” means a direction in writing;
“elective body” means an elective body for the purposes of the County Management Acts, 1940 to 1988;
“enactment” includes an instrument made under an enactment;
“functions” includes powers and duties, 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 committee” means a joint committee established under section 38;
“local authority” means a local authority for the purposes of the Local Government Act, 1941;
“local elections” has the meaning assigned to it by section 81 of the Electoral Act, 1963;
“local electoral area” has the meaning assigned to it by section 80 of the Electoral Act, 1963;
“manager” means—
(a) as respects the corporation of a county borough, the manager for the purposes of the Acts relating to the management of the county borough, and

(b) as respects the council of a county or an elective body, the manager for the purposes of the County Management Acts, 1940 to 1988;

(b) the Commissioners of Public Works in Ireland,

(d) a health board,

(e) a board or other body (but not including a company) established by or under statute,

(f) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

(g) a company in which all the shares are held by a board, company or other body referred to in paragraph (e) or (f) of this definition;

“report” means a report of a local authority under section 50;
“reserved function” means—
(a) in the case of the council of a county or an elective body, a reserved function for the purposes of the County Management Acts, 1940 to 1988;

(b) in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough, and

(2) In this Act—
(a) a reference to a Part, section or Schedule is to a Part or section of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,

(c) a reference to any provision of this Act shall, where appropriate, be construed as a reference to that provision as modified by regulations under section 52.

(3) In this Act, a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).

3. Regulations, orders and directions.

(1) The Minister may make regulations for any purpose of this Act.

(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 regulation or order made thereunder) as may appear to the Minister to be appropriate for the purposes of this Act or any regulations or order made thereunder.

(3) Regulations or an order under this Act may—
(a) apply to local authorities generally, to a specified class or classes of local authorities, to a particular local authority or to a particular part of the functional area of a local authority,

(b) contain different provisions in relation to different local authorities,

(c) provide for the giving of directions by the Minister (including directions amending or revoking any such directions).

(4) A regulation under this Act (other than a regulation under subsection (1) or (2) of section 52) or an order under this Act (other than an order under section 1 (10) or 12 or an order under section 31 relating to the alteration of the boundary of a county or county borough) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation or order is passed by either such House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(5) An order under section 1 (10) shall be laid before each House of the Oireachtas as soon as may be after it is made.

(6) Where it is proposed to make an order under section 12 or 31 in relation to the boundary of a county or county borough, or regulations under subsection (1) or (2) of section 52, a draft of the order or regulations, as the case may be, shall be laid before each House of the Oireachtas and the order or regulations, as the case may be, shall not be made until a resolution approving of the draft has been passed by each such House.

(7) The Minister may—
(a) by order, amend or revoke any order under this Act (other than an order under section 1 (10) but including an order under this subsection), and

(b) by direction amend or revoke a direction under this Act (including a direction under this subsection).

(8) A person to whom a direction is given under this Act shall comply therewith.

(9) This section does not apply to an order under subsection (1) of section 9 and this section (other than subsection (4) does not apply to an order under subsection (2) of that section.
4. Repeals and revocations.
(1) The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in column (3) of the Schedule.

(2) Articles 25, 26 and 27 of the Schedule to the Local Government (Application of Enactments) Order, 1898, the Local Authorities (Allowances to Members) Order, 1946, the Local Conferences Order, 1947 and the Local Authorities (Travelling Expenses of Members) (No. 2) Order, 1947 are hereby revoked.

Part V Local Authority Boundary Alteration

27. Interpretation.

In this Part—
“boundary committee” means a committee established under section 28 (1);
“committee district” has the meaning assigned to it by section 18;
“proposal”, “amended proposal”, “proposer” and “respondent” shall be construed in accordance with section 29;
“statement of response” shall be construed in accordance with section 29 (3).

28. Boundary committees.

(1) The Minister may establish one or more committees which or each of which shall be known by the title assigned to it by the Minister and is referred to in this Part as a “boundary committee.

(2) A boundary committee shall stand dissolved on the expiration of such period as may be specified by the Minister at the time he establishes it.

(3) A boundary committee shall be independent in the performance of its functions.

(4)
(a) A boundary committee shall consist of such number of members, not being less than 3 or more than 5, as the Minister may determine.

(b) The members of a boundary committee shall be appointed by the Minister.

(c) A person appointed to be a member of a boundary committee shall hold office as such member for such period as may be specified by the Minister at the time of the appointment.

(d) A person who is for the time being—
(i) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(ii) a member of the European Parliament, or

(iii) a member of a local authority,

shall, while he is so entitled or is such a member, be disqualified for becoming a member of a boundary committee.

(e) Where a member of a boundary committee—
(i) is nominated as a member of Seanad Éireann or elected as a member of either House of the Oireachtas.

(ii) is elected as a member of the European Parliament or is regarded pursuant to [section 19 of the European Parliament Elections Act, 1997,] as having been elected to such Parliament to fill a vacancy, or

(iii) becomes a member of a local authority,

he shall thereupon cease to be a member of the committee.

(f) [ … ]

(g) The Minister shall appoint one member of a boundary committee to act as chairman of the committee.

(h) A member of a boundary committee may at any time resign from office by letter addressed to the Minister.

(i) Where a casual vacancy occurs among the members of a boundary committee, the Minister may appoint a person to fill such vacancy.

(j) The Minister may remove from office a member of a boundary committee if, in the opinion of the Minister, he has become incapable through ill health of effectively performing his duties or has committed stated misbehaviour or his removal appears to the Minister to be necessary or desirable for the effective performance by the committee of its functions.

(k) A person may be re-appointed to he a member of a boundary committee.

(5) A member of a boundary committee may be paid out of monies at the disposal of the Minister, such remuneration (if any) and allowances for expenses incurred by him as the Minister, with the consent of the Minister for Finance, may determine.

(6)
(a) The Minister may supply to a boundary committee, on such terms or conditions as he may specify, any services, including services of staff, required by the committee for the performance of any of its functions.

(b) A local authority or a public authority may supply to a boundary committee, on such terms and conditions as may be agreed upon by the authority and the committee, any services, including services of staff, required by the committee for the performance of any of its functions.

29. Proposal and application for alteration of a local authority boundary.

(1)
(a) A council of a county or a corporation of a county borough may, by resolution, propose that the boundary of the county or county borough be altered in accordance with the provisions of this Part.

(b) A corporation of a borough other than a county borough, a council of an urban district or the commissioners of a town may, by resolution, propose that the boundary of the borough, urban district or town be altered in accordance with the provisions of this Part and a council of a county may by resolution, make such a proposal in relation to any borough, urban district or town situate in such county.

(c) A local authority which makes such a proposal as aforesaid and a proposal so made are referred to in this Part, respectively, as a “proposer” and a “proposal”.

(d) A proposal shall specify the alteration to which it relates by reference to a map.

(2) A proposer shall
(a) furnish a copy of the proposal to each local authority whose boundary is affected by the proposal and such other local authorities as may be prescribed and each authority so affected by a proposal is referred to in this Part as a “respondent”,

(b) publish notice of the proposal in the prescribed form giving details of the proposal and inviting submissions with regard thereto from any person concerned within such period as shall be specified in the notice,

(3)
(a) Each respondent shall consider the proposal and shall not later than 6 months from the receipt by it of a copy of the proposal, or such longer period as may be agreed upon by the proposer and the respondent, make a statement of its response to the proposal (referred to in this Part as a “statement of response”) and furnish a copy thereof to the proposer.

(b) The making of a statement of response shall be a reserved function.

(4) A proposer may, following consideration by it of any statement of response or submission referred to in subsection (2) that it receives within the period specified in that behalf, by resolution, amend the proposal in such manner as it thinks fit and a proposal so amended is referred to in this Part as an “amended proposal”.

(5)
(a) Upon the expiration, in relation to a proposal, of the periods referred to in subsections (2) (b) and (3) (a), a proposer may apply to the Minister for the making of an order under section 31 (1) altering the boundary to which the proposal or the amended proposal (as the case may be) concerned relates in accordance with the terms of the proposal or the amended proposal.

(b) A decision to make such an application as aforesaid shall be a reserved function.

30. Provisions supplementary to section 29.

(1) A proposal, a statement of response and any amended proposal shall set out—
(a) the financial and other implications of the proposal (or the amended proposal, as the case may be), and

(b) the adjustments in relation to financial and administrative matters to be made between the proposer and each respondent concerned in consequence of the alteration of the boundary concerned.

(2)
(a) A proposer shall furnish to each respondent and such other persons as may be prescribed a copy of the application made by it under section 29 (5).

(b) A proposal, a statement of response, an amended proposal and an application under section 29 (5) shall comply with such requirements as may be prescribed.

(c) The Minister may prescribe any matter of procedure or any other requirement which he considers necessary for the satisfactory operation of this section or section 29.

(3) A local authority part of whose functional area adjoins an administrative county other than that in which the said functional area is situate may, by resolution, request the council of the county in which it is situate to make a proposal under section 29 (1) and the said council shall consider any such request.
31. Power of Minister to alter boundary by order.
(1)
(a) Subject to the provisions of this section, the Minister may, on application being made to him in that behalf by a proposer under section 29 (5), by order alter the boundary of any county, county or other borough, urban district or town to which the application relates if he considers that an alteration ought to be made in the interests of effective and convenient local government.

(b) [ … ]

[(2) The Minister shall not make an order under subsection (1) in relation to an application referred to in that subsection where a respondent, in his or her statement of response, disagrees in a material respect with the terms of the proposal to which the application relates.]

(3) [ … ]

32. Requests to boundary committee to report with respect with respect to certain matters.

(1) The Minister may request a boundary committee—
(a) to prepare a report under section 33 with respect to the boundary of any administrative or geographical district or other division based on a local government boundary and used for any purpose of public administration connected with or related to local government or any such district or other division which it is proposed to establish, or

(b) to prepare a report with respect to any matter relating to local government that the Minister specifies.

[(2)
(a) Before deciding whether to make an order under section 23 of the Local Government Act 2001 in relation to a local electoral boundary the Minister shall request An Coimisiún Toghcháin to prepare a report, in accordance with sections 61 to 63 of the Electoral Reform Act 2022, in relation to the boundary concerned.

(b) An Coimisiún shall, if so requested, prepare and furnish to the Minister a report in writing which shall include its recommendations and the Minister shall publish the report and shall have regard to it when deciding whether or not to make the order.]

33. Report by boundary committee with respect to a boundary.

(1) Subject to the provisions of this section a boundary committee shall, if requested to do so by the Minister under [ … ] subsection (1) (a)[…] of section 32—
(a) review the boundary to which the request relates and, in the case of a request by the Minister under subsection (2) of section 31, the terms of the proposal or the amended proposal (as the case may be) with respect thereto, and

(b) make such recommendations with respect to the boundary that it considers to be necessary in the interests of effective and convenient local government,

and shall prepare and furnish to the Minister a report in writing of that review and its recommendations and the Minister shall publish the report.

(2) The Minister may include in a request as aforesaid a requirement that the boundary committee is to have regard to such considerations or matters in preparing its report as he specifies in the request and the committee shall comply with any such requirement.

(3) A report under this section shall include, where the Minister so specifies in a request as aforesaid, a review by, and the recommendations of, the boundary committee in relation to such matters specified in the request as may be consequential on or otherwise related to any alteration of the boundary recommended in the report.

(4) In preparing a report under this section a boundary committee shall—
(a) consult any local authority concerned, and

[(b) publish a notice stating that a report is being prepared under this section in relation to a specified boundary and inviting submissions from any person concerned,

(5) A boundary committee may, for the purposes of a report by it under this section, by notice in writing, request any local authority to furnish to it such information (including documents) as it may reasonably require within such period as shall be specified in the notice and the local authority shall comply with the request.

(6)
(a) A boundary committee shall have an absolute discretion to hold an oral hearing in relation to a report by it under this section and the hearing may be conducted by one or more members of the boundary committee or by a person appointed by the committee for that purpose.

(b) The member or members of a boundary committee or other person appointed to conduct an oral hearing under paragraph (a) shall make a report in writing on the hearing to the boundary committee and shall include in the report such recommendations as are considered appropriate with respect to the boundary concerned.

(c) The boundary committee shall consider a report made to it under paragraph (b) before deciding on the recommendations that it will make with respect to the boundary concerned.

(d) The Minister may make regulations in relation to the conduct of an oral hearing as aforesaid, the procedures at such a hearing and the attendance by local authorities and other persons at such a hearing.

34. Provisions consequential on boundary alterations.

(1) In this section—
“authority concerned” means a local authority whose boundary is affected by a primary order;
“primary order” means an order under subsection (1) or (3) of section 31;
“relevant area” means the portion of the functional area of one local authority (or any part of that portion) which by virtue of a primary order becomes part of the functional area of another local authority;
“supplementary order” means an order made under subsection (2).

(2) The Minister or any other Minister of the Government, with the consent of the Minister, may by order make such provision as he considers necessary or expedient in relation to any matter whatsoever arising from, in consequence of, or otherwise related to, the boundary alteration effected by a primary order and any provision so made shall, notwithstanding the provisions of any other enactment, apply and have effect accordingly.

(3) A supplementary order made by a Minister of the Government, other than the Minister, may only make provision with respect to matters in relation to which functions stand conferred on that Minister of the Government.

(4) A supplementary order may, if the order so provides, have retrospective effect.

(5) Without prejudice to the generality of subsection (2), a supplementary order may make provision for all or any of the following matters—
(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,

(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) subject to subsection (8), an adjustment between any authorities concerned (which may include provision for the payment of money, by a single payment or in two 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 situate 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,

(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 subparagraph (v), (vi) or (vii),

(g) the transfer of officers or servants 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 paragraph (f) (where provision in respect thereof 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 1990) insofar 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) he 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 the council of a county or the council of a county borough consequent upon the making of a primary order,

(o) any other matter which appears to be necessary or proper for bringing into operation and giving full effect to the primary order.

(6) In subsection (5) (k) “thing” includes the following—
(i) any written agreement or other instrument in writing or any determination or declaration made by, or on behalf of, or treated as having been made by or on behalf of any authority concerned,

(ii) any direction given, or treated as having been given, by or to any authority concerned,

(iii) any licence, certificate, permission, consent, approval, exemption or relaxation granted or given, or treated as having been granted or given, by or to any authority concerned,

(iv) any application, proposal or objection made, or treated as having been made, by or to any authority concerned,

(v) any condition or requirement imposed, or treated as having been imposed, by or on an authority concerned.

(7) An adjustment under paragraph (f) of subsection (5) or an agreement under paragraph (h) of that subsection may include—
(a) in the case of property referred to in subparagraph (ii) of the said paragraph (f), provision for the retention of the property by any authority concerned or for the transfer thereof to another authority concerned or for the joint user of such property by two or more authorities concerned, and

(b) in the case of a debt or other liability referred to in subparagraph (iii) of the said paragraph, provision for the whole of such debt or liability being borne by any authority concerned or for the apportionment of the liability between two or more authorities concerned.

(8) A supplementary order may not, as respects local authorities of a prescribed class or classes, make provision for such matters specified in subsection (5) (f) as may be prescribed.

(9) Where a boundary alteration is effected by a primary order, any reference in any enactment to a county, county or other borough, committee district, urban district or town, whether to such areas generally or to any particular such area, shall, subject to any provision to the contrary in a supplementary order and unless the context otherwise requires, be construed as a reference to the area of such county, county or other borough, committee district, urban district or town as so altered.

43. Establishment of regional authorities.

[(1) For the purpose of co-ordinating, promoting or supporting strategic planning and sustainable development, and promoting effectiveness in local government and public services, in different areas of the State, the Minister may, by order, made with the consent of the Minister for Public Expenditure and Reform (in this section referred to as an “establishment order”)—
(a) declare that an area consisting of specified cities, counties or cities and counties shall constitute a region, and

(b) establish in respect of the region, a body (to be known as a “regional assembly”) the membership of which shall consist of persons who are members of every council of a city, council of a county and council of a city and county the functional area of each of which is included in that region, to perform, in respect of the region and for the purposes set out in this subsection, the functions conferred on it by or under this section or to perform functions conferred on it otherwise by law.

(2)
(a) A regional assembly shall be called and known by such title as may be specified in the establishment order concerned.

(b) A regional assembly shall be a body corporate with perpetual succession and an official seal and with power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land.

(c) Judicial notice shall be taken of the seal of a regional assembly and every document purporting to be an order or other instrument made by that assembly and to be sealed with its seal (purporting to be authenticated in the manner provided by the establishment order) shall be received in evidence and be deemed to be such order or instrument without further proof unless the contrary is shown.

(3) An establishment order shall require a regional assembly thereby established to provide itself with an official seal and shall contain such provisions as the Minister considers appropriate in relation to the membership of the assembly (including provisions in relation to the number of members of the assembly, the method, terms and conditions of their appointment and their tenure of office).

(4)
(a) An establishment order or an order amending or revoking an establishment order may contain such other provisions as the Minister considers necessary arising from, by reason of, for the purposes of, or to give full effect to, a declaration under subsection (1) or to the establishment or dissolution of a regional assembly and such an order may contain provisions relating to any matter whatsoever arising in relation to such declaration, establishment or dissolution or in relation to the functions of the regional assembly concerned.

(b) Without prejudice to the generality of paragraph (a), an order referred to in that paragraph may provide in respect of a regional assembly established by the establishment order, for all or any of the following matters:
(i) the conferral of functions on the assembly in relation to the purposes set out in subsection (1), including —
(I) regional spatial and economic strategy under the Planning and Development Acts 2000 to 2014,

(II) functions in connection with assistance from the European Union, with national investment programmes, or with the role of the National Oversight and Audit Commission,

(ii) the administration generally (including the preparation and publication of a corporate plan and an annual report) and the finances generally of the assembly,

(iii) the meetings of the assembly, and the procedure at such meetings,

(iv) the use and authentication of the seal of the assembly,

(v) the payment of grants by the Minister of such amounts as may be sanctioned by the Minister for Public Expenditure and Reform, out of moneys provided by the Oireachtas, towards the expenses of the assembly,

(vi) the payment to the assembly by the local authorities who, as respects the assembly are local authorities referred to in subsection (1)(b) or by other specified public authorities, in such manner as may be specified, of all or part of the expenses and expenditure of the assembly,

(vii) the furnishing from time to time by the assembly to the Minister or to specified local authorities or other specified public authorities of information in relation to the performance of its functions and the furnishing of such information to the Minister whenever he or she so requests,

(viii) the making by the assembly of arrangements with other public authorities for the use by it of premises or equipment of those authorities or for the use by the assembly of the services of employees of those authorities,

(ix) matters to which the assembly shall have regard in the performance of its functions,

(x) the giving of directions by the Minister to the assembly in relation to the performance of its functions,

(xi) the dissolution of the assembly,

(xii) the designation of the assembly to be the successor of one or more than one regional authority, including in respect of part of the administrative area of a regional authority, established by the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1993 (S.I. No. 394 of 1993), on the dissolution of such authority or authorities and the transfer to such assembly—
(I) of the assets and liabilities of such authority or authorities, or

(II) in so far as the designation relates to part of the administrative area of a regional authority, of specified assets or liabilities of such authority or of a specified portion of any of those assets and liabilities, and any land to which the order relates shall, on the date specified in the order in relation to that land, vest in such assembly without any further conveyance, transfer or assignment,

(xiii) any other matter in relation to which the Minister considers that provision should be made in order to enable the assembly to perform its functions effectively or, as respects its dissolution.

(c) An establishment order or an order amending an establishment order may contain such provisions as the Minister considers necessary or expedient consequential on the dissolution of a regional authority established by the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1993 (S.I. No. 394 of 1993) and, in particular, may make provision for—
(i) the application of any of the provisions of Schedule 4 (other than paragraphs 3(2), 7, 8, 12, 13, 14(3), 14(4) and 15) of the Local Government Reform Act 2014 to such regional authority as if—
(I) references in that Schedule to “relevant day or date” were a reference to the date provided for in the order for the dissolution of the regional authority concerned,

(II) references to a dissolved authority were references to a dissolved regional authority,

(III) in relation to a regional authority, references to a successor authority were references to a regional assembly designated in the order as the successor body in accordance with subsection 4(b)(xii),

together with such other modifications as the Minister considers necessary or expedient, and

(ii) any other transitional, supplementary or incidental matters that appear to the Minister to be necessary or expedient to facilitate the dissolution either generally of all regional authorities or of one or more than one named regional authority.

(5) Subject to the other provisions of this section (including the establishment order concerned) and without prejudice to any other enactment, a regional assembly shall have all such powers as are necessary or expedient for the performance of its functions.

(6) An establishment order or an order referred to in subsection (4)(a) may apply to a regional assembly established by the establishment order, with any necessary modifications or adaptations, all or any of the provisions of or made under any enactment relating to local authorities.

(7)
(a) An establishment order shall provide for the appointment of a chief officer, to be known by the title director of the assembly, and for the powers and functions and other provisions relating to the office of director of the assembly.

(b) Without prejudice to the generality of paragraph (a), the functions of the director of the assembly include—
(i) representing the assembly,

(ii) the carrying out of, managing and controlling generally the administration and business of the assembly,

(iii) performing such functions as may be specified in the establishment order or in an order amending that order,

(iv) performing such functions of the assembly as may be delegated to the director under subsection (11),

(v) performing such functions, other than those to which subparagraph (iii) or (iv) could relate, as the assembly may determine or assign from time to time other than such functions or a class of functions as may be specified in the establishment order or in an order amending an establishment order, and

(vi) performing any other function assigned to the director under any other enactment.

(c) Without prejudice to any other enactment, the functions of a director shall be performed in accordance with the policy of the assembly as duly determined by the members of the assembly.

(8) A regional assembly may, in relation to the performance of any of its functions, consult with such local authorities, other public authorities and regional assemblies as it considers appropriate.

(9) A regional assembly may establish committees consisting, in whole or in part of persons who are members of the assembly—
(a) to consider such matters connected with the functions of the assembly as the assembly may determine and assist and advise the assembly in relation to those matters, or

(b) to perform functions of the assembly delegated to such committee under subsection (11) but may not delegate generally all of its functions, or all of its functions other than specified functions, to any such committee.

(10) A regional assembly may dissolve a committee established by it but the dissolution is without prejudice to anything previously done by the committee.

(11) A regional assembly may delegate with or without restrictions to a committee established under subsection (9), or to the director, any of its functions other than such functions or a class of functions as may be specified in the establishment order or in an order amending an establishment order, and different functions may be so specified in respect of such a committee or the director.

(12) A regional assembly may revoke or amend a delegation to a committee or to a director under subsection (11) but any revocation or amendment of a delegation is without prejudice to anything previously done by the director or the committee, as the case may be.

(13) An establishment order or an order amending an establishment order may contain such provisions relating to committees as the Minister considers appropriate.]

52. Power to amend, repeal, etc., enactments and to dispense with certain controls affecting local authorities.

(1) Where—
(a) the performance of a function by a local authority or an officer of a local authority is, by any enactment, made subject—
(i) to notification of or consultation with, or

(ii) to the approval or consent of or confirmation by,

the Minister or to compliance with any other requirement that is of a similar kind and confers a function on the Minister that is similar to those conferred on him by the requirements specified in paragraphs (i) and (ii), and

(b) the Minister is satisfied that the requirement has become unnecessary and that the function would be properly performed without compliance with the requirement,

he may, by regulations, provide that the function may be performed in all cases or in specified cases without compliance with the requirement but subject to compliance with such conditions (if any) as may be specified and, whenever regulations so providing are in force, the function concerned may be performed without compliance with the requirement concerned but in accordance with the provisions of the regulations.

(2) Where it appears to the Minister—
(a) to be necessary or expedient for the purpose of remedying an inconsistency between a provision of an enactment and this Act, or

(b) to be necessary or expedient for the purpose of enabling such a provision to have effect in conformity with this Act,

the Minister may in relation to such a provision by regulations provide for—
(i) its application with any modification or adaptation specified in the regulations,

(ii) its amendment otherwise or its repeal, revocation or termination.

(3) If in any respect any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may by regulations do anything which appears to him 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 the purposes aforesaid but no regulations shall be made under this subsection in relation to a provision of this Act after the expiration of 2 years from the commencement of that provision.

55. Expenses.
(1) 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.

(2) Expenses under this Act of a local authority that is the council of a county shall, save as may be otherwise prescribed, be charged on the county (exclusive of any borough or urban district therein).

(3) In each local financial year the amounts estimated as necessary to meet the expenses and provide for the liabilities and requirements of a local authority during the following financial year under sections 5, 6, 42, 46, 49 and 51 shall be shown separately in the prescribed form within the meaning of section 9 of the City and County Management (Amendment) Act, 1955.

Local Government Act 1994

An Act to amend and extend the law relating to local government.
[29th April, 1994]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Part I Preliminary and General

1. Short title, collective citations, construction and commencement.
(1) This Act may be cited as the Local Government Act, 1994.

(2) The Local Government Acts, 1925 to 1993, and this Act may be cited together as the Local Government Acts, 1925 to 1994 and shall be construed together as one Act.

(3) The County Management Acts, 1940 to 1993, and so much of this Act as relates to the management of counties, elective bodies and the county borough of Galway may be cited together as the County Management Acts, 1940 to 1994.

(4) The Cork City Management Acts, 1929 to 1991, and so much of this Act as relates to the management of the county borough of Cork may be cited together as the Cork City Management Acts, 1929 to 1994.

(5) The Local Government (Dublin) Acts, 1930 to 1993, and so much of this Act as relates to the management of the county borough of Dublin may be cited together as the Local Government (Dublin) Acts, 1930 to 1994.

(6) The Limerick City Management Acts, 1934 to 1991, and so much of this Act as relates to management of the county borough of Limerick may be cited together as the Limerick City Management Acts, 1934 to 1994.

(7) The Waterford City Management Acts, 1939 to 1991, and so much of this Act as relates to the management of the county borough of Waterford may be cited together as the Waterford City Management Acts, 1939 to 1994.

(8) The Local Elections (Petitions and Disqualifications) Act, 1974, so much of the Electoral Act, 1992 as relates to local elections and Parts II and III may be cited together as the Local Elections Acts, 1974 to 1994.

(9) This Act 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 and amendment effected by section 4 of different enactments.

2. Interpretation.

(1) In this Act, except where the context otherwise requires—
“the Act of 1941” means the Local Government Act, 1941;
“the Act of 1946” means the Local Government Act, 1946;
“the Act of 1955” means the City and County Management (Amendment) Act, 1955;
“the Act of 1991” means the Local Government Act, 1991;
“election” means a local election;
“elective body” means an elective body for the purposes of the County Management Acts, 1940 to 1993;
“enactment” includes an instrument made under an enactment;
“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;
“local authority” means a local authority for the purposes of the Act of 1941;
“manager” means—
(a) as respects the corporation of a county borough, the manager for the purpose of the Acts relating to the management of the county borough, and

(b) as respects the council of a county or an elective body, the manager for the purposes of the County Management Acts, 1940 to 1993;

“the Minister” means the Minister for the Environment;
“prescribed” means prescribed by regulations made by the Minister and cognate words shall be construed accordingly;
“public authority” means a public authority for the purposes of the Act of 1991;
“reserved function” means—
(a) in the case of the council of a county or an elective body, a reserved function for the purposes of the County Management Acts, 1940 to 1993;

(b) in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough.

(2) In this Act—
(a) a reference to a Part, section or Schedule is to a Part or section of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended,

(c) a reference to any provision of this Act shall, where appropriate, be construed as a reference to that provision as modified by regulations under section 66.

(3) In this Act, a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).

3. Orders and regulations.
(1) Every order and regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made.

(2) If after an order, other than an order under section 1(9), 14, 21 or 53(1), or a regulation is so laid, a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that 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 thereunder.

(3) The Minister may by order, amend or revoke an order made under this Act, other than under section 1 (9) (including an order made under this subsection).

(4) The Minister may make regulations for the purposes of this Act or in consequence of any of its provisions or for the purposes of enabling any provision to have full effect.

(5) Without prejudice to any specific provision of this Act, every regulation made under this Act may—
(a) contain such incidental, consequential, supplementary or transitional provisions (including provisions for the purpose of securing the continuity of any provision of this or of any other Act or instrument repealed, revoked, amended or otherwise affected by this Act or by any order or regulation made thereunder) as may appear to the Minister to be appropriate for the purposes of this Act or of any order or regulations made thereunder,

(b) provide for the adaptation, modification or cesser of operation of any provision of any enactment, including an enactment referred to in section 4(3), relating to any matter governed by the provisions of this Act or of any order or regulations made thereunder for the purpose of securing that such enactment shall have effect in conformity with this Act or with an order or with regulations made thereunder.

(6) Regulations or an order under this Act may apply to local authorities generally, to any class or classes of local authorities specified in the regulations or order, to a particular local authority or to a particular part of the administrative area of a local authority so specified and may contain different provisions in relation to different local authorities or to different parts of the administrative area of a local authority.

4. Repeal, revocation and amendment of enactments.
(1) Each enactment specified in the First Schedule is hereby repealed or revoked to the extent specified in column (3) of that Schedule.

(2) Each enactment specified in the Second Schedule is hereby amended in the manner stated in column (3) of that Schedule.

(3) The repeal or revocation by this Act of a provision of any enactment which is applied by any other provision of that or of any other enactment not so repealed or revoked, shall not affect such application and the first-mentioned provision shall accordingly continue to apply for that purpose.
11. Casual vacancies.
[…]
The repeal of s.11 was brought into effect by the Local Government Act 2001 (Commencement) Order 2002 (S.I. No. 65 of 2002), on May 1, 2002.

47. Functions of revenue collectors.

It is hereby declared that, for the purpose of collection of rates, persons holding the office of revenue collector under a local authority are, and shall be deemed to have always been, empowered to exercise and perform as required the statutory powers, functions and duties of rate collectors.
62. Cesser of Towns Improvement (Ireland) Act, 1854 in certain areas.
(1) The Towns Improvement (Ireland) Act, 1854, (“the Act of 1854”) shall cease to apply to the relevant areas referred to in subsection (4) and accordingly separate local authority estimates shall no longer be prepared in respect of such areas.

(2) The successor for all purposes of town commissioners established under the Act of 1854 in respect of the relevant areas shall in each case be the council of the county which includes the particular area and all land and other property of the said commissioners shall vest in the council without any conveyance or transfer.

(3) The use of any or all of the relevant areas or of areas generally to which the Act of 1854 applied immediately before the commencement of this section by any other enactment for the purposes of defining the area of application or operation of such enactment or for any similar or related purpose shall not be affected by the cesser of application effected by subsection (1) save as may be otherwise so provided by regulations made under this subsection by the Minister responsible for the particular enactment in question and every such enactment shall be subject to and shall have effect in accordance with any such regulations.

(4) The relevant areas for the purpose of this section are the areas of Callan, Fethard, Newcastle West, Rathkeale, Roscommon and Tullow to which the Act of 1854 applies.
s. 63 Electoral divisions.

63. Electoral divisions.

(1) The Minister may by regulations divide the area of any county, county or other borough, urban district or town 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) Where, immediately before the commencement of this section, any county, county or other borough or urban district, stood divided into areas known as district electoral divisions or wards, those areas shall continue in force but on and from such commencement they shall be known as electoral divisions.

(3) Any reference in any enactment to a district electoral division or a ward, in relation to a county, county or other borough or urban district shall be construed as a reference to an electoral division.

Section 225

Local authority associations.

225.—(1) In this section “association of local authorities” means, the General 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,

F279[(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.]

F280[(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 delegation 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.]

(4) An association of local authorities shall operate in accordance with its constitution or other procedural rules (by whatever name called).

(5) Without prejudice to any other provisions which may be included in the procedural 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,

(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 association;

(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,

(b) the promotion of the interests generally of local government and of democratic representation of local communities,

(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:

F279
Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 56(a), S.I. No. 214 of 2014.

F280
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 56(b), S.I. No. 214 of 2014.

Section 226

Local Authority Members’ Association.

226.—(1) A member of a local authority may in his or her own right hold membership of the association known as the Local Authority Members’ Association and the members 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.

Section 227

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

227.—(1) The maritime boundary of a county, city or town shall on the establishment day by virtue of this subsection be deemed to coincide with the ordinary high water mark for the time being, except where in accordance with section 10(4), such boundary already extends beyond that high water mark.

F281[(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 provisions 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 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 F282[…] 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:

F281
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.

F282
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.

Section 228

Acceptance of gifts by a local authority.

228.—(1) F283[…]

(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:

F283
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:

E325
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.

Section 229

Power of local authorities to enter into contracts, etc.

229.—(1) A local authority may enter into a contract with any person in respect of any matter arising in relation to the functions of the local authority.

(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 F284[chief executive] in accordance with section 149(5) or by an employee generally or specially nominated by order of the F284[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:

F284
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.

Section 230
Joint burial boards.

230.—F285[…]

Annotations

Amendments:

F285
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:

E326
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).

Section 231

Joint drainage committees.

231.— (1) After consultation with the Minister for Finance, the Minister may by 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) F286[(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.

(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 F286[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:

F286
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):

C63
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 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 Expenditure 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)

…

No. 37 of 2001

Local Government Act 2001

Sections 66(7), 81(6), 92(2), 109(8), 169(1)(a), 212(3) and 231(1)

…

Note change of name of Department and Minister to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19/2023), in effect as per art. 1(2).

Editorial Notes:

E327
Power pursuant to section exercised (1.01.2015) by Local Government Act 2001 (Section 231) Order 2014 (S.I. No. 478 of 2014).

E328
Power pursuant to section exercised (1.01.2003) by Local Government Act 2001 (Section 231) Order 2002 (S.I. No. 531 of 2002).

Section 232

Regulations to remove difficulties.

232.—If, in any respect, any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may 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.

Section 233
Reduction of grants etc. in certain circumstances.

233.—(1) Subject to subsection (2), where in the opinion of the Minister a local authority has failed or substantially failed to comply with a statutory duty under any 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 notification make a submission in writing to the Minister as regards the matter and the Minister shall have regard to any such submission so received.

Section 234

Offence by body corporate.

234.—(1) Where an offence under this Act is committed by a body corporate and 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, F287[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:

F287
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.

Section 235

Commencement of summary proceedings.

235.—Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings in relation to an offence under this Act may, subject 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.

Section 236

Discharge of certain functions by Minister.

236.—(1) In this section “officer” means an officer of the Minister who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956.

(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

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.

Section 237
Regional authorities, functions.

237.—A regional authority established by the Local Government Act, 1991 (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.

Annotations

Modifications (not altering text):

C64
“Regional authorities” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 62(2)(b), S.I. No. 214 of 20214.

Regional assemblies

62. …

(2) …

(b) references in any enactment to regional authorities within the meaning of section 43 (as amended by this Act) of the Local Government Act 1991 shall, where the context admits, be read as references to regional assemblies,

…

Section 237A
F288[

Regulations relating to members of House of Oireachtas.

237A.—(1) In this section “dealing” in relation to a member of either House of the Oireachtas means a dealing with such a member in his or her capacity as such a member.

(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.

(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

Annotations

Amendments:

F288
Inserted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 3, commenced on enactment.

Editorial Notes:

E329
Power pursuant to section exercised (1.08.2003) by Local Government Act, 2001 (Section 237A) Regulations 2003 (S.I. No. 274 of 2003).

Schedule 11
SCHEDULE 11

Section 62.

Local Authority Boundary Alteration

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;

(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,

(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;

(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.

Organisation

Local Government Act 1991

Part I Preliminary and General

2. Interpretation.

3. Regulations, orders and directions.

Part V Local Authority Boundary Alteration

27. Interpretation.

28. Boundary committees.

29. Proposal and application for alteration of a local authority boundary.

32. Requests to boundary committee to report with respect with respect to certain matters.

33. Report by boundary committee with respect to a boundary.

34. Provisions consequential on boundary alterations.

43. Establishment of regional authorities.

52. Power to amend, repeal, etc., enactments and to dispense with certain controls affecting local authorities.

Local Government Act 1994

Part I Preliminary and General

2. Interpretation.

47. Functions of revenue collectors.

63. Electoral divisions.

Local authority associations.

Local Authority Members’ Association.

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

Acceptance of gifts by a local authority.

Power of local authorities to enter into contracts, etc.

Joint drainage committees.

Regulations to remove difficulties.

Offence by body corporate.

Commencement of summary proceedings.

Discharge of certain functions by Minister.

Regulations relating to members of House of Oireachtas.

Local Authority Boundary Alteration

Related Posts

Executive Mayor (Limerick)

Direct Mayoral Election

Corporations