Functions
LOCAL GOVERNMENT ACT 2001
PART 8
Local Authority Boundary Alteration
Section 55
Interpretation (Part 8).
55.—F76[…]
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.
Section 56
Proposal by local authority for alteration of boundary.
56.—F77[…]
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.
Section 57
Application for boundary alteration.
57.—F78[…]
Annotations
Amendments:
F78
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.
Section 58
Supplementary provision to sections 56 and 57.
58.—F79[…]
Annotations
Amendments:
F79
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.
Section 59
Minister may request review.
59.—F80[…]
Annotations
Amendments:
F80
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.
Section 60
Report by Local Government Commission.
60.—F81[…]
Annotations
Amendments:
F81
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.
Section 61
Power to alter boundaries, etc.
61.—F82[…]
Annotations
Amendments:
F82
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.
Section 62
Provisions consequential on boundary alteration.
62.—F83[…]
Annotations
Amendments:
F83
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
Functions of Local Authorities
Chapter 1
General Functions of Local Authorities
Section 63
Statement of local authority functions.
63.—(1) The functions of a local authority are—
(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 functions.
F84[(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.]
Annotations
Amendments:
F84
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(1), S.I. No. 214 of 2014.
Section 64
Representational functions of local authorities.
64.—(1) As a forum for the democratic representation of the local community a local authority may represent the interests of such community in such manner as it 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):
C29
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”.
Section 65
Ancillary functions of local authorities.
65.—(1) A local authority may do anything ancillary, supplementary or incidental to or consequential on or necessary to give full effect to, or which will facilitate or is 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),
(b) the provision of offices, equipment or the doing of anything else which is necessary for or related to the general operation, organisation or administration 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.
Section 66
Promotion of interests of local community.
66.—(1) In this section “assistance in money or in kind” includes—
(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.
F85[(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 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 assistance 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 appropriate.
F86[(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).]
Annotations
Amendments:
F85
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 43, S.I. No. 214 of 2014.
F86
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):
C30
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 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).
Section 66A
F87[
Interpretation (sections 66A to 66H)
66A.— In the relevant sections—
“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.]
Annotations
Amendments:
F87
Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014.
Section 66B
F88[
Local economic and community plan
66B.— (1) Each local authority shall make, in accordance with section 66C and any regulations made, or general policy guidelines issued, by the Minister for the 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 infrastructure (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—
(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 development 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, development 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
(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 community elements of the Plan.]
Annotations
Amendments:
F88
Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014.
Section 66C
F89[
Preparation and making of local economic and community plans
66C.— (1) A local authority and a Committee shall, in preparing the economic and community elements of a Plan, have regard to—
(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 development 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.
(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,
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:
F89
Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014.
Section 66D
F90[
Publication of local economic and community plans
66D.— As soon as may be after the making of a Plan under section 66C, a copy of it—
(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.]
Annotations
Amendments:
F90
Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014.
Section 66E
F91[
Implementation of the economic elements of local economic and community plans
66E.— (1) Without prejudice to the implementation of the community elements of the Plan in accordance with section 128B, each local authority shall—
(a) implement, or arrange for the implementation of the economic elements of 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 function.]
Annotations
Amendments:
F91
Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014.
Section 66F
F92[
Monitoring and review of economic elements of local economic and community plans
66F.— Without prejudice to the monitoring and review of the community elements of the Plan in accordance with section 128B, each local authority shall—
(a) monitor and review on an ongoing basis the implementation of the economic 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 regulations made, or general policy guidelines issued, by the Minister for that purpose.]
Annotations
Amendments:
F92
Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014.
Section 66G
F93[
Annual Report on monitoring and review of local economic and community plans
66G.— Each local authority shall include in its annual report an assessment in relation to the implementation and, where appropriate, review of its Plan in accordance with sections 66E, 66F and 128B during the year immediately preceding the year in which the report is submitted.]
Annotations
Amendments:
F93
Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014.
Section 66H
F94[
Regulations and general policy guidelines
66H.— (1) The Minister may, following consultation with such public authorities as he or she considers appropriate, make regulations for the purposes of the relevant 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,
(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 performance 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.]
Annotations
Amendments:
F94
Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014.
Section 67
Amenity, recreation and other functions.
67.—(1) In accordance with and subject to section 66, a local authority may take such measures, engage in such activities or do such things (including the incurring of 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.
Section 68
Irish language and local authorities.
68.—(1) A local authority may, in performing its functions, take such steps as it considers appropriate to encourage the use of the Irish language.
(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.
(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 F95[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:
F95
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.
Section 69
Local authorities to have regard to certain matters in performing functions, etc.
69.—(1) Subject to subsection (2), a local authority, in performing the functions conferred on it by or under this or any other enactment, shall have regard to—
(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.
(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 enactment, 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.
Section 70
Exercise of certain functions.
70.—F96[…]
Annotations
Amendments:
F96
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.
Section 71
F97[
PART 8
Local Authority Boundary Alteration
Section 55
Interpretation (Part 8).
55.—F76[…]
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.
Section 56
Proposal by local authority for alteration of boundary.
56.—F77[…]
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.
Section 57
Application for boundary alteration.
57.—F78[…]
Annotations
Amendments:
F78
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.
Section 58
Supplementary provision to sections 56 and 57.
58.—F79[…]
Annotations
Amendments:
F79
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.
Section 59
Minister may request review.
59.—F80[…]
Annotations
Amendments:
F80
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.
Section 60
Report by Local Government Commission.
60.—F81[…]
Annotations
Amendments:
F81
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.
Section 61
Power to alter boundaries, etc.
61.—F82[…]
Annotations
Amendments:
F82
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.
Section 62
Provisions consequential on boundary alteration.
62.—F83[…]
Annotations
Amendments:
F83
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
Functions of Local Authorities
Chapter 1
General Functions of Local Authorities
Section 63
Statement of local authority functions.
63.—(1) The functions of a local authority are—
(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 functions.
F84[(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.]
Annotations
Amendments:
F84
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(1), S.I. No. 214 of 2014.
Section 64
Representational functions of local authorities.
64.—(1) As a forum for the democratic representation of the local community a local authority may represent the interests of such community in such manner as it 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):
C29
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”.
Section 65
functions of local authorities.
65.—(1) A local authority may do anything ancillary, supplementary or incidental to or consequential on or necessary to give full effect to, or which will facilitate or is 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),
(b) the provision of offices, equipment or the doing of anything else which is necessary for or related to the general operation, organisation or administration 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.
Section 66
Promotion of interests of local community.
66.—(1) In this section “assistance in money or in kind” includes—
(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.
F85[(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 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 assistance 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 appropriate.
F86[(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).]
Annotations
Amendments:
F85
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 43, S.I. No. 214 of 2014.
F86
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):
C30
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 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).
Section 66A
F87[
Interpretation (sections 66A to 66H)
66A.— In the relevant sections—
“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.]
Annotations
Amendments:
F87
Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014.
Section 66B
F88[
Local economic and community plan
66B.— (1) Each local authority shall make, in accordance with section 66C and any regulations made, or general policy guidelines issued, by the Minister for the 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 infrastructure (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—
(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 development 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, development 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
(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 community elements of the Plan.]
Annotations
Amendments:
F88
Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014.
Section 66C
F89[
Preparation and making of local economic and community plans
66C.— (1) A local authority and a Committee shall, in preparing the economic and community elements of a Plan, have regard to—
(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 development 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.
(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,
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:
F89
Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014.
Section 66D
F90[
Publication of local economic and community plans
66D.— As soon as may be after the making of a Plan under section 66C, a copy of it—
(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.]
Annotations
Amendments:
F90
Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014.
Section 66E
F91[
Implementation of the economic elements of local economic and community plans
66E.— (1) Without prejudice to the implementation of the community elements of the Plan in accordance with section 128B, each local authority shall—
(a) implement, or arrange for the implementation of the economic elements of 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 function.]
Annotations
Amendments:
F91
Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014.
Section 66F
F92[
Monitoring and review of economic elements of local economic and community plans
66F.— Without prejudice to the monitoring and review of the community elements of the Plan in accordance with section 128B, each local authority shall—
(a) monitor and review on an ongoing basis the implementation of the economic 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 regulations made, or general policy guidelines issued, by the Minister for that purpose.]
Annotations
Amendments:
F92
Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014.
Section 66G
F93[Annual Report on monitoring and review of local economic and community plans
66G.— Each local authority shall include in its annual report an assessment in relation to the implementation and, where appropriate, review of its Plan in accordance with sections 66E, 66F and 128B during the year immediately preceding the year in which the report is submitted.]
Annotations
Amendments:
F93
Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014.
Section 66H
F94[
Regulations and general policy guidelines
66H.— (1) The Minister may, following consultation with such public authorities as he or she considers appropriate, make regulations for the purposes of the relevant 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,
(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 performance 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.]
Annotations
Amendments:
F94
Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014.
Section 67
Amenity, recreation and other functions.
67.—(1) In accordance with and subject to section 66, a local authority may take such measures, engage in such activities or do such things (including the incurring of 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.
Section 68
Irish language and local authorities.
68.—(1) A local authority may, in performing its functions, take such steps as it considers appropriate to encourage the use of the Irish language.
(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.
(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 F95[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:
F95
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.
Section 69
Local authorities to have regard to certain matters in performing functions, etc.
69.—(1) Subject to subsection (2), a local authority, in performing the functions conferred on it by or under this or any other enactment, shall have regard to—
(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.
(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 enactment, 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.
Section 70
Exercise of certain functions.
70.—F96[…]
Annotations
Amendments:
F96
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.
Section 71
F97[
Objective of unified service to the public.
71.— Without prejudice to section 69, the elected members of a local authority, in the performance of functions in respect of the authority as a whole and in respect of 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:
F97
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.
Section 72
Transfer of certain functions to local authorities.
72.—(1)(a) The Government may by provisional order transfer a F98[function of a Minister of the Government or of any other public authority] (other than a 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 F98[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) F99[…]
(3)(a) A provisional order under subsection (1) F99[…] 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) F99[…] 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.
F100[(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:
F98
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 45(a), (b), S.I. No. 214 of 2014.
F99
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 45(c), (d), S.I. No. 214 of 2014.
F100
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 45(e), S.I. No. 214 of 2014.
Section 73
F101[
Saver (functional area).
73.— Subject to section 72 and Chapter 5 of this Part and to Parts 2 and 3 of the 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:
F101
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.
Chapter 2
Ceremonial Functions
Section 74
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.
Section 75
Twinning of local authority areas.
75.—(1) A local authority may enter into arrangements for the twinning of its 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.
Section 76
Entertainment and associated expenses of local authorities.
76.—(1) A local authority may incur reasonable expenditure for or in connection with the provision of receptions and entertainment for, and the making of presentations—
(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.
Chapter 3
Library and Archival Functions
Section 77
F102[
Library authorities.
77.— Each of the following is a library authority:
(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:
F102
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:
E196
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).
Section 78
Functions of library authorities.
78.—(1) A library authority may take such measures, engage in such activities or do such things in accordance with law (including the incurring of expenditure) for the 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—
(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.
Section 79
An Chomhairle Leabharlanna.
79.—F103[…]
Annotations
Amendments:
F103
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:
E197
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).
E198
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.
E199
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.
E200
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.
E201
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.
Section 80
Records and archives of local authorities.
80.—(1) In this section—
“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
(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.
(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.
Annotations
Editorial Notes:
E202
E202
A fine of £1,500 converted (1.01.1999) to €1,904.60. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.
Chapter 4
Non-Public Roads — Local Improvement Schemes
Section 81
Assistance towards non-public roads.
81.—(1) In this section—
F104[“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):
“(b) the carrying out of works under section 81 of the Local Government Act, 2001, or”.
Annotations
Amendments:
F104
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):
C31
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 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).
C32
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.
(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 of 2001)
Section 81
…
…
Objective of unified service to the public.
71.— Without prejudice to section 69, the elected members of a local authority, in the performance of functions in respect of the authority as a whole and in respect of 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:
F97
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.
Section 72
Transfer of certain functions to local authorities.
72.—(1)(a) The Government may by provisional order transfer a F98[function of a Minister of the Government or of any other public authority] (other than a 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 F98[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) F99[…]
(3)(a) A provisional order under subsection (1) F99[…] 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) F99[…] 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.
F100[(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:
F98
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 45(a), (b), S.I. No. 214 of 2014.
F99
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 45(c), (d), S.I. No. 214 of 2014.
F100
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 45(e), S.I. No. 214 of 2014.
Section 73
F101[
Saver (functional area).
73.— Subject to section 72 and Chapter 5 of this Part and to Parts 2 and 3 of the 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:
F101
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.
Chapter 2
Ceremonial Functions
Section 74
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.
Section 75
Twinning of local authority areas.
75.—(1) A local authority may enter into arrangements for the twinning of its 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.
Section 76
Entertainment and associated expenses of local authorities.
76.—(1) A local authority may incur reasonable expenditure for or in connection with the provision of receptions and entertainment for, and the making of presentations—
(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.
Chapter 3
Library and Archival Functions
Section 77
F102[
Library authorities.
77.— Each of the following is a library authority:
(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:
F102
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:
E196
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).
Section 78
Functions of library authorities.
78.—(1) A library authority may take such measures, engage in such activities or do such things in accordance with law (including the incurring of expenditure) for the 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—
(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.
Section 79
An Chomhairle Leabharlanna.
79.—F103[…]
Annotations
Amendments:
F103
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:
E197
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).
E198
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.
E199
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.
E200
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.
E201
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.
Section 80
Records and archives of local authorities.
80.—(1) In this section—
“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
(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.
(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.
Annotations
Editorial Notes:
E202
E202
A fine of £1,500 converted (1.01.1999) to €1,904.60. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.
Chapter 4
Non-Public Roads — Local Improvement Schemes
Section 81
Assistance towards non-public roads.
81.—(1) In this section—
F104[“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):
“(b) the carrying out of works under section 81 of the Local Government Act, 2001, or”.
Annotations
Amendments:
F104
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):
C31
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 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).
C32
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.
(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 of 2001)
Section 81
…
…
Chapter 5
Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc.
Section 82
Definitions (Chapter 5).
82.—In this Chapter—
“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,
(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).
Annotations
Modifications (not altering text):
C33
References to “sanitary authority” construed (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 7(4), S.I. No. 575 of 2013.
Transfer of functions from water service authorities to Irish Water
7. …
(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.
Section 83
Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc.
83.—(1) On the coming into operation of this section—
(a) the water functions of a town sanitary authority shall transfer to and be functions of the county council in whose administrative county the relevant 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.
(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.
Annotations
Modifications (not altering text):
C34
References to “sanitary authority” construed (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 7(4), S.I. No. 575 of 2013.
Transfer of functions from water service authorities to Irish Water
7. …
(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.
Section 84
Saver (Chapter 5).
84.—F105[…]
Annotations
Amendments:
F105
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
Agreements and arrangements concerning functions
Section 85
Agreements concerning functions.
85.—(1) Where in the opinion of a local authority any function performable by it should be performed, generally or in a particular case, by another local authority, 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
(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.
F106[(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.
F107[(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:
F106
Inserted (31.01.2019) by Local Government Act 2019 (1/2019), s. 35(b), S.I. No. 20 of 2019.
F107
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.
Modifications (not altering text):
C35
Application of subs. (1) extended and applied with modifications (18.07.2023) by Civil Defence Act 2023 (17/2023), s. 4(3), S.I. No. 363 of 2023.
Establishment of civil defence unit
4. (1) Each local authority shall, in accordance with such directions as may be given by the Minister, establish at least one unit (in this Act referred to as a “civil defence unit”), comprising one or more civil defence officers and civil defence volunteers, for the purpose of providing civil defence services in the administrative area of that local authority.
(2) A local authority, with the prior consent of the Minister, may enter into arrangements with one or more other local authorities for the establishment by them of a joint civil defence unit for the purpose of providing civil defence services in the administrative areas of those local authorities.
(3) Section 85(1) of the Act of 2001 shall apply to a joint civil defence unit referred to in subsection (2) as it applies to an arrangement under that section, with any necessary modifications.
…
Editorial Notes:
E204
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.
Section 86
Joint discharge of functions and provision of services.
86.—(1) Two or more local authorities may make arrangements for the joint discharge of any of their functions.
(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.
Section 87
Direction to make agreements.
87.—(1) Whenever it appears to the Minister that an agreement under section 85(1) 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.
Section 88
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 18
Placenames
Section 188 188
Interpretation.
188.— In this Part—
F249[“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;]
F249[“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;]
F250[…]
F249[“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;
“street” includes—
(a) part of a street, and
(b) a road, square, lane or any other public place or part thereof.]
Annotations
Amendments:
F248
Substituted (7.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 446 of 2011.
F249
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.
F250
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.
Section 189
F251[
Changing of placename.
189.— (1) A F252[local council] may, in relation to a place situated within its functional area, by resolution passed by not less than half of the members standing elected or coopted for the time being to that F252[local council] adopt a proposal 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.
(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 placename in the Irish language only or in both the Irish language and the English language.
(4) Where a F252[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 F252[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 F252[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 F252[local council] may, by resolution passed by not less than half of the members standing elected or coopted for the time being to that F252[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 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 Cathaoirleach of the F252[local council] concerned shall make a declaration stating 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 Cathaoirleach of a F252[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.]
F253[(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:
F251
Substituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 23 of 2019.
F252
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.
F253
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.
Section 190
F254[
Change of placename of place situated in more than one local authority area.
190.— (1) (a) A local authority may, in relation to a place that is situated—
(i) in its functional area, and
(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.
(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 placename 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 notification 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—
(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:
F254
Substituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 23 of 2019.
Section 191
F255[
Daingean Uí Chúis.
191.— (1) The townland, civil parish, electoral division and non-municipal town 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:
F255
Substituted (7.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 446 of 2011.
Section 192
F256[
General provisions relating to change of names.
192.— (1) The consideration of submissions received under this Part shall be a reserved function.
(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 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:
F256
Substituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 23 of 2019.
Section 193
F257[ Display of name of street or place.
193.— A local authority may cause the placename of a street or other place to be displayed on a conspicuous part of any building, structure or land located on that street or at that place.]
Annotations
Amendments:
F257
Substituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 23 of 2019.
Section 194 194
F258[
Construction of references.
194.— (1) Where a declaration under section 189 or 190 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 declaration 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.]
F259[(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:
F258
Substituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 23 of 2019.
F259
Substituted (7.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 446 of 2011.
Section 195
Changing of name of locality situated in more than one local authority area.
195.—F260[…]
Annotations
Amendments:
F260
Deleted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 23 of 2019.
Section 196
General provisions relating to change of names.
196.—F261[…]
Annotations
Amendments:
F261
Deleted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 23 of 2019.
Section 197
Display of name of street, etc.
197.—F262[…]
Annotations
Amendments:
F262
Deleted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 48, S.I. No. 23 of 2019.