Functions

General Functions

PART 9 of the Local Government Act 2001 sets out the general functions of local authorities.  They are to provide a forum for democratic representation of the local community and provide civic leadership.  They are to carry out functions conferred by law and other ancillary functions.  They are to take action to promote community interest.

The legislation sets out the various matters  for which local authorities are primarily responsible.  It separately sets out areas in which local authorities have significant responsibilities but where governmental Departments have a greater role.  It is provided that the local authorities are independent in the performance of their functions.  Their functions are performed on behalf of the local authority and in its name by the council or more commonly the county manager in the case of executive/non-reserved function.

Representation & Promotion

The 2001 Act provides for the exercise of representational functions by local authorities.  It confirms the power of local authorities to do anything ancillary or related to their express statutory powers that could be carried out advantageously together with them under any piece of legislation.

The legislation confirmed the broad powers of the local authorities to take action to promote the interest of the local community in such manner as they consider appropriate.

Support & Assistance

A decision by the local authority to provide assistance in kind or in money is reserved to the elected members.  The power may not be used to perform a function which is conferred on the authority by other statutory provision.  Action may not be taken to prejudice or duplicate activities arising from the performance of statutory functions by other entities and bodies.

The power of local authorities to support amenities, sport, recreation, heritage and similar matters is confirmed.  Scheduled 12 sets out a list of such functions.

Criteria for Exercise of Powers

Local authorities, in performing their functions are to have regard to certain matters including in particular

• the effective use of resources,
•  maintenance of essential services,
• achievement of reasonable balanced between programs,
• government and ministerial policy.
• the need for cooperation and coordination and consultation with public bodies, high environmental standards and
• sustainable development.

The above general powers and functions are subject to any contrary prohibitions and conditions which might otherwise apply.

Various

Functions may be conferred on local authorities subject to the Constitution by provisional order of the government.  Powers may be transferred by Ministers of functions between local authorities of different types.  Any necessary ancillary provisions arising on such transfer may be provided for.

The local authority may confer civic honours such as granting an honorary freedom on distinguished persons.  Local authorities may enter twinning arrangements to other areas either inside or outside the State.  These activities must be included in the annual report.

The local authority may incur expenses in connection with receptions and entertainment for distinguished persons or in holding special events which are relevant to its function.  It must include the details in its annual report.