Elected Members

Table of Contents

LOCAL GOVERNMENT ACT 2001

REVISED

Updated to 1 January 2024

AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO LOCAL GOVERNMENT AND, IN PARTICULAR, TO CONSOLIDATE WITH AMENDMENTS CERTAIN ENACTMENTS RELATING GENERALLY TO LOCAL AUTHORITIES. [21st July, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1
Functions transferred and references construed (27.07.2017) by Community Development (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 357 of 2017), arts. 2, 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Rural and Community Development.

(2) References to the Department of Housing, Planning, Community and Local Government contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Rural and Community Development.

3. (1) The functions vested in the Minister for Housing, Planning, Community and Local Government—

(a) by or under—

(i) the Acts specified in Part 1 of the Schedule,

(ii) the instruments specified in Part 2 of the Schedule,

and

(b) in relation to—

(i) any programmes, schemes and funds arising from the performance of the functions transferred by this Order, including the programmes, schemes and funds specified in Part 3 of the Schedule,

(ii) Pobal, and

(iii) Irish Water Safety

are transferred to the Minister for Rural and Community Development.

(2) References to the Minister for Housing, Planning, Community and Local Government contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Rural and Community Development.

…

SCHEDULE

PART 1

…

Sections 49A and 128A to 128F (inserted by section 36 of the Local Government Reform Act 2014), and section 4 in so far as it relates to regulations made under section 128E or to regulations made for the purposes of enabling section 128E to have full effect, of the Local Government Act 2001

Sections 66A to 66H (inserted by section 44 of the Local Government Reform Act 2014 (No. 1 of 2014)) of the Local Government Act 2001 (No. 37 of 2001)

Sections 77 (amended by section 5 of, and Part 1 of Schedule 1 to, the Local Government Reform Act 2014), 78 and 80 of the Local Government Act 2001

Section 127 (inserted by section 46 of the Local Government Reform Act 2014 ) of the Local Government Act 2001

…

C2
Application of collectively cited Planning and Development Acts 2000 to 2016 restricted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 4(1), S.I. No. 270 of 2017.

Strategic housing developments and planning applications

4. (1) Subject to subsection (4), during the specified period and notwithstanding anything to the contrary contained in any other provision of the Planning and Development Acts 2000 to 2016—

(a) an application for permission for a strategic housing development shall—

(i) be made to the Board under this section and not to a planning authority, other than an application for permission, the purpose of which is as set out in section 34(3A) of the Act of 2000,

(ii) be so made only where section 6(7)(b) applies or, in the case that a request is made under section 7(1), when the Board has complied with the request pursuant to section 7(2),

(iii) be so made only where the applicant for permission has fulfilled the requirements set out in section 8,

(iv) be in such form and contain such information as is prescribed, and

(v) be accompanied by the appropriate fee,

and

(b) a copy of the application, shall be sent by the applicant to the planning authority or authorities in whose area or areas the proposed strategic housing development would be situated.

…

C3
Reference to functions of a town council construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), S. 25(2), S.I. No. 214 of 2014.

Dissolution of town councils — consequential provisions

25. …

(2) A function of a town council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a town council and whether of general application to town councils or otherwise under an enactment) that—

(a) has not been repealed or otherwise provided for by this Act, or

(b) is neither spent nor obsolete,

shall, if the context permits in respect of one or more than one town council concerned, be read as a reference to a function of the local authority in whose administrative area the town council so dissolved is situated.

…

C4
Alternate commencement date for certain amendments by Local Government Reform Act 2014 (1/2014) prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28, commenced on enactment as per subs. (5).

Elections to local authorities in 2014

28. (1) For the purpose of holding in 2014 elections of members of local authorities—

(a) the local government areas provided for by section 10 of, and Schedule 5 to, the Principal Act shall have effect as amended by section 12,

(b) the amendments by section 14 to section 11 of the Principal Act shall have effect,

(c) the numbers of members of local authorities provided for in section 21 of, and Schedule 7 to, the Principal Act shall have effect as amended by section 15,

(d) the amendments by section 20(1) to section 23 of the Principal Act shall have effect,

(e) such other amendments by this Act to the Principal Act as are necessary to enable the holding of local elections shall have effect, including amendments to section 2 of the Principal Act,

(f) the Electoral Acts 1992 to 2014, the Local Elections Acts 1974 to 2012 and the Local Elections Regulations 1995 (S.I. No. 297 of 1995) shall have effect as amended by section 5(4) and Part 2 of Schedule 2, and

(g) Schedule 6 to the Principal Act shall not have effect.

(2) For the purpose of subsection (1) and for the purpose of holding elections to local authorities after 2014, regulations and orders may be made by the Minister under the appropriate provisions of the Local Government Acts 1925 to 2014 having regard to paragraphs (a) to (f) of subsection (1).

…

(5) This section has effect upon the passing of this Act.

C5
Application of collectively cited Local Government (Sanitary Services) Acts 1878 to 2001 and Local Government Acts 1925 to 2003 and Roads Acts 1993 to 2007 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. …

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

…

Review of existing plans

46. …

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.

…

General provisions regarding licences etc

63. …

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

…

SECOND SCHEDULE

Number

Year

Short Title/Citation

…

Local Government (Sanitary Services) Acts 1878 to 2001

…

Local Government Acts 1925 to 2003

…

Roads Acts 1993 to 2007

…

C6
Functions transferred from “specified bodies” to the “Executive” (1.01.2005) by Health Act 2004 (42/2004), s. 59 and sch. 3, S.I. No. 887 of 2004.

Transfer of functions of specified bodies to Executive.

59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3 , or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

(4) This section does not apply in relation to the functions of the Hospital Bodies Administrative Bureau.

…

SCHEDULE 3

Transfer of Functions and References to Functional Areas

Section 59 and 67 .

…

61. Local Government Act 2001 59

…

C7
Application of collectively cited Roads Acts 1993 to 2007 restricted by Planning and Development Act 2000 (30/2000), s. 177V(3), as inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.

[Appropriate assessment.

177V.— …

(3) Notwithstanding any other provision of this Act, or, as appropriate, the Act of 2001, or the Roads Acts 1993 to 2007, a competent authority shall make a Land use plan or give consent for proposed development only after having determined that the Land use plan or proposed development shall not adversely affect the integrity of a European site.

…]

Editorial Notes:

E1
Making any relevant communications about the development or zoning of land under collectively cited Planning and Development Acts 2000 to 2014 designated as lobbying activity (1.09.2015) by Regulation of Lobbying Act 2015 (5/2015), s. 5(1), S.I. No. 152 of 2015.

PART 1

Preliminary and General

Section 1
Short title and collective citations.

1.—(1) This Act may be cited as the Local Government Act, 2001.

(2) This Act (other than sections 163, 164 and 211 and Parts 23 and 24) and the Acts referred to in Schedule 1 may be cited together as the Local Government Acts, 1925 to 2001, and shall be read together as one.

(3) Sections 81 and 245 and the Roads Acts, 1993 and 1998, may be cited together as the Roads Acts, 1993 to 2001, and shall be read together as one.

(4) Chapter 5 of Part 9 and the Local Government (Sanitary Services) Acts, 1878 to 1995, may be cited together as the Local Government (Sanitary Services) Acts, 1878 to 2001, and shall be read together as one.

(5) Parts 3, 4 and F1[…] section 243 and the Local Elections Acts, 1974 to 1999, may be cited together as the Local Elections Acts, 1974 to 2001, and shall be read together as one.

(6) Part 23 and the Temple Bar Area Renewal and Development Act, 1991, may be cited together as the Temple Bar Area Renewal and Development Acts, 1991 and 2001, and shall be read together as one.

(7) Sections 2, 5(3) and Schedule 4 (in so far as they relate to the Act of 2000), section 247 and the Act of 2000 may be cited together as the Planning and Development Acts, 2000 and 2001.

Annotations

Amendments:

F1
Deleted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.

Section 2

Interpretation generally.

2.—(1) In this Act, except where the context otherwise requires—

F2[“2014 establishment day” means the day appointed by order under section 8 of the Local Government Reform Act 2014 to be the establishment day for the purposes of that Act;]

“Act of 2000” means the Planning and Development Act, 2000;

F3[“administrative area” means an area standing established under section 10 for the purposes of local government and which is—

(a) a county in the case of a county council,

(b) a city in the case of a city council,

“annual meeting” means an annual meeting of a local authority as provided for in paragraph 3 of Schedule 10;

“annual report”, in the context of a local authority, means a report under section 221;

“casual vacancy” shall be read in accordance with section 19(1);

“Cathaoirleach” has the meaning given to it by section 31;

F2[“chief executive” means a chief executive for the purposes of section 144;]

F4[“city council” means a local authority to which section 11(2)(b) relates;]

F2[“city and county council” means a local authority to which section 11(2)(c) relates;]

F5[…]

“committee” means a committee of a local authority established under Part 7;

“corporate plan” has the meaning given to it by section 134;

“corporate policy group” means a committee established under section 133(1);

F4[“county council” means a local authority to which section 11(2) (a) relates;]

F5[…]

F6[…]

“direction” means a direction in writing given by—

(a) the Minister under this Act, or

(b) an appropriate Minister under Chapter 4 of Part 14;

“Director of Audit” means a person appointed under section 116;

“elected council” means the members of the local authority concerned and shall be read in accordance with section 11(5);

“election year” means a year in which a local election is held;

“enactment” includes a statutory instrument within the meaning given by section 3 of the Interpretation Act, 1937;

“establishment day” means the day appointed by the Minister by order under section 9 to be the establishment day for the purposes of this Act;

“excluded day” means a day which is a Saturday, Sunday or public holiday (within the meaning given by the Organisation of Working Time Act, 1997) or any other day on which the principal offices of the local authority concerned are closed;

“executive function” shall be read in accordance with section 149;

“functions” includes powers and duties and a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties;

“joint body” means—

(a) F5[…]

(b) a joint drainage board,

(d) F5[…]

(e) a joint burial committee,

(f) a joint committee to which section 52(5) applies, or

(g) such other body as may be prescribed by regulations made by the Minister under section 144(7);

“joint committee” means a joint committee established under Part 7;

“land” has the meaning given to it by the Act of 2000;

“Leas-Chathaoirleach” has the meaning given to it by section 31;

F4[“local authority” means—

(a) in relation to a municipal district, the county council or the city and county council in which the municipal district is situated, and

(b) in every other case—

(i) a county council,

(ii) a city council,

(iii) a city and county council;]

“local authority budget” means a budget adopted under section 103(7) and “budget”, in relation to a local authority, shall be read accordingly;

“local authority budget meeting” has the meaning given to it by section 103;

“local community” means persons ordinarily resident in the administrative area of the local authority concerned and, where relevant as regards a function of the authority, includes persons from outside that area who regularly use facilities of a social, economic, recreational, cultural or other nature provided by the authority;

“local consultative committee” has the meaning given to it by section 21 of the Housing (Traveller Accommodation) Act, 1998;

F2[“local economic and community plan” means a plan to which sections 66A to 66H relate;]

“local election” means an election under Part 4;

“local electoral area” means an area referred to in section 23 by reference to which a local election is held;

F7[“local fund” has the meaning given to it by section 97;]

F5[…]

“local government elector” means a person entitled to vote at a local election;

F5[…]

“meetings administrator” shall be read in accordance with section 46;

“member”, in relation to a local authority, includes a Cathaoirleach and Leas-Chathaoirleach;

“Minister” means the Minister for the Environment and Local Government;

F2[“municipal district” shall be read in accordance with section 22A;

“municipal district members” shall be read in accordance with section 22B;]

“ordinary day of retirement” has the meaning given to it by section 17;

“public authority” means—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

F8[(d) the Health Service Executive established under section 6 of the Health Act 2004]

(e) a board or other body (but not including a company under the Companies Acts, 1963 to 1999) established by or under statute,

(f) a company under the Companies Acts, 1963 to 1999, in which all the shares are held—

(i) by or on behalf of a Minister of the Government,

(ii) by directors appointed by a Minister of the Government, or

(iii) by a board, company or other body referred to in paragraph (e) or subparagraph (i) or (ii),

F9[(g) the Child and Family Agency established under section 7 of the Child and Family Agency Act 2013, and

(h) such other body as may be prescribed by regulations made by the Minister for the purposes of any provision of this Act.]

“public local inquiry” means an inquiry held under Part 20 and “inquiry” shall be read accordingly;

“public notice”, in the context of a local authority, means a notice published in at least one newspaper circulating in the local authority’s administrative area;

F4[“rating authority” means—

(a) a county council,

(b) a city council, or

“register of electors” has the meaning given to it by section 24(1);

F4[“reserved function” shall be read in accordance with sections 131 and 131A;]

“standing orders”, in the context of a local authority, has the meaning given by paragraph 16(1) of Schedule 10;

“strategic policy committee” has the meaning given by section 48;

“structure” means any building, erection, structure (including a movable structure), excavation, or other thing constructed, erected, made or placed on, in or under any land, or any part of a structure so defined and, where the context so admits, includes the land on, in or under which the structure is situated;

F2[“transfer date” has the meaning given in section 23 of the Local Government Reform Act 2014. ]

F10[…]

(2) In this Act a reference to the total number of members of a local authority shall be read as the number of members of the local authority concerned as determined by section 21.

(3) In this Act a reference to local government areas or to the administrative area of a local authority does not include an area added for local electoral purposes only under section 17 of the Local Government Act, 1994.

(4) In this Act a reference to a person being disqualified from election or co-option to a local authority shall be read as including a disqualification from nomination for election or co-option to a local authority.

(5) In this Act, except where the context otherwise requires, a reference to social inclusion or its promotion shall be read as including a reference to any policy, objective, measure or activity designed to counteract poverty or other social deprivation or to facilitate greater participation by marginalised groups in the social, economic and cultural life of the local community.

(6) In this Act, except where the context otherwise requires—

(a) a reference to a section, Chapter, Part or Schedule is a reference to a section, Chapter or Part of, or Schedule to, this Act, as the case may be, unless it is indicated that reference to some other enactment is intended,

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

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

Annotations

Amendments:

F2
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1, S.I. No. 214 of 2014.

F3
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1), 25(4)(a) and sch. 1 part 1 item 2, S.I. No. 214 of 2014.

F4
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1) and sch. 1 part 1, S.I. No. 214 of 2014.

F5
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1, S.I. No. 214 of 2014.

F6
Deleted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.

F7
Inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 2, S.I. No. 165 of 2007.

F8
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 21 item 1, S.I. No. 887 of 2004, art. 2(i).

F9
Substituted and inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 15 item 1, S.I. No. 502 of 2013.

F10
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1), 25(4)(a) and sch. 1 part 1 item 18, S.I. No. 214 of 2014.

Modifications (not altering text):

C8
References to “county council” and “city council”, and to “administrative area of a county council” or “administrative area of a city coucil” construed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), (3),S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9. …

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

(3) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to the administrative area of a county council or the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council or the administrative area of a city and county council, and

(b) to the administrative area of a county council and the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council and the administrative area of a city and county council.

C9
Alternate commencement date for amendments by Local Government Reform Act 2014 (1/2014) prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(e), commenced as per s. 28(5).

Elections to local authorities in 2014

28. (1) For the purpose of holding in 2014 elections of members of local authorities— …

(e) such other amendments by this Act to the Principal Act as are necessary to enable the holding of local elections shall have effect, including amendments to section 2 of the Principal Act,

…

(5) This section has effect upon the passing of this Act.

Section 3
Construction of enactments.

3.—(1) Every enactment (including any provision contained in a local, personal or private Act) and every order, regulation, rule, bye-law or other instrument or agreement in force immediately before the commencement of a provision of this Act shall, on and after the day of such commencement but subject to any regulations made under this section, be read and have effect with such modifications as may be necessary to give effect to this Act or an order or regulations under it and to have effect in conformity with it.

(2) A reference in any enactment other than this Act to an expression mentioned in the first column of Schedule 2 or to a similar or analogous expression shall, except where the context otherwise requires and subject to any regulations made under this section, be read as a reference to the appropriate expression of this Act as indicated in the second column of that Schedule opposite the expression in the first column.

(3)(a) The Minister, or any other Minister of the Government after consultation with the Minister, may, in respect of any enactment, instrument or agreement which relates to matters for which the relevant Minister has general responsibility, make regulations for the purposes of enabling subsection (1) to have full effect.

(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may, in respect of a provision of any other enactment, instrument or agreement which is related to or otherwise affected by any provision of this Act, provide for its adaptation, modification or cesser of operation in so far as this appears necessary or expedient to the Minister concerned for the purposes of securing that any such other provision shall have effect in conformity with this Act or with an order or regulations made under it.

(4) Regulations may not be made under this section after the expiration of 3 years from the establishment day.

Annotations

Editorial Notes:

E2
Power pursuant to section exercised (31.08.2015) by Local Government (Financial and Audit Procedures) (Amendment) Regulations 2015 (S.I. No. 363 of 2015).

E3
Power pursuant to section exercised (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), in effect as per reg. 2.

E4
Power pursuant to section exercised (1.01.2004) by Athlone Town Boundary Alteration (Supplementary) Order 2003 (S.I. No. 705 of 2003).

E5
Previous affecting provision: power pursuant to section exercised (13.01.2014) by Local Government (Financial Procedures and Audit) (Amendment) Regulations 2014 (S.I. No. 8 of 2014), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect.

E6
Previous affecting provision: power pursuant to section exercised (14.11.2008) by Local Government (Financial Procedures and Audit) Regulations 2002 (Amendment) Order 2008 (S.I. No. 467 of 2008), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect.

E7
Previous affecting provisions: power pursuant to section exercised (14.11.2002) by Local Government (Financial Procedures and Audit) Regulations 2002 (S.I. No. 508 of 2002); revoked (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), reg. 30, in effect as per reg. 2.

Section 4

Regulations, orders and directions.

4.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purposes of enabling any provision to have full effect.

(2) Without prejudice to any other provision of this Act, a regulation or order under this Act may provide for such incidental, consequential, supplementary or transitional provisions (including provisions for the purpose of securing the continuity of any provision of this Act with any provision of any other Act or instrument repealed, revoked, amended or otherwise affected by this Act or by any regulations or order made under it) as may appear to the Minister making the regulation or order to be appropriate for the purposes of this Act or any regulations or order made under it.

(3) A regulation or an order under this Act may—

(a) apply to local authorities generally, to any class or classes of local authorities specified in the regulations or the order or to a particular local authority so specified,

(b) contain different provisions in relation to different local authorities or to different parts of the administrative area of a local authority,

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

(4)(a) Except where paragraph (c) applies, every order and regulation made by the Minister or any other Minister of the Government under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made.

(b) If after an order or regulation is laid under paragraph (a) a resolution annulling the order or regulation is passed by either House of the Oireachtas within the next 21 days on which the House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under it.

(c) Paragraph (a) does not apply to an order or regulation which is required by this Act to be approved in draft by resolution of both Houses of the Oireachtas or to an order under section 199(8).

(5) Other than an order under section 7, the Minister may by order, amend or revoke any order under this Act including an order made under this subsection.

(6)(a) The Minister may by direction amend or revoke a direction given by him or her under this Act (including a direction under this subsection).

(b) A person to whom a direction is given under this Act shall comply with that direction.

(7) This section does not apply to a provisional order under section 72(1).

Annotations

Editorial Notes:

E8
Power pursuant to subs. (2) exercised (1.01.2024) by Local Government Rates (Financial Procedures) Regulations 2023 (S.I. No. 696 of 2023), in effect as per reg. 1(2).

E9
Power pursuant to section exercised (13.09.2023) by Local Government Act 2001 (Section 142) (Security Allowance for Local Authority Members) Regulations 2023 (S.I. No. 449 of 2023), in effect as per reg. 2.

E10
Power pursuant to section exercised (10.08.2023) by Local Government Act 2001 (Section 142) (Allowance for Maternity – Related Administrative Support) Regulations 2023 (S.I. No. 404 of 2023), in effect as per reg. 2.

E11
Power pursuant to section exercised (1.07.2021) by Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021), in effect as per reg. 2.

E12
Power pursuant to section exercised (1.07.2021) by Local Government (Remuneration of Local Authority Members) Regulations 2021 (S.I. No. 312 of 2021), in effect as per reg. 2.

E13
Power pursuant to section exercised (30.09.2015) by Local Government (Audit Fees) Regulations 2015 (S.I. No. 447 of 2015).

E14
Power pursuant to section exercised (31.08.2015) by Local Government (Financial and Audit Procedures) (Amendment) Regulations 2015 (S.I. No. 363 of 2015), in effect as per reg. 2.

E15
Power pursuant to section exercised (29.07.2015) by Local Government (Prescribed Bodies) Regulations 2015 (S.I. No. 446 of 2015).

E16
Power pursuant to section exercised (10.03.2015) by Local Government (Audit Fees) Regulations 2015 (S.I. No. 109 of 2015).

E17
Power pursuant to section exercised (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), in effect as per reg. 2.

E18
Power pursuant to section exercised (18.12.2014) by Local Government (Appointment of Chief Executive) Regulations 2014 (S.I. No. 589 of 2014).

E19
Power pursuant to section exercised (10.07.2014) by Local Community Development Committee (Section 128E) (Amendment) (No. 1) Regulations 2014 (S.I. No. 314 of 2014).

E20
Power pursuant to section exercised (1.06.2014) by Local Community Development Committee (Section 128E) Regulations 2014 (S.I. No. 234 of 2014), in effect as per reg. 2.

E21
Power pursuant to section exercised (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014), in effect as per reg. 2.

E22
Power pursuant to section exercised (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), in effect as per reg. 2.

E23
Power pursuant to section exercised (1.06.2014) by Local Government Act 2001 (section 230) Order 2013 (S.I. No. 447 of 2013).

E24
Power pursuant to section exercised (31.01.2014) by County of Wicklow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 70 of 2014).

E25
Power pursuant to section exercised (31.01.2014) by County of Wexford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 69 of 2014).

E26
Power pursuant to section exercised (31.01.2014) by County of Westmeath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 68 of 2014).

E27
Power pursuant to section exercised (31.01.2014) by City and County of Waterford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 67 of 2014).

E28
Power pursuant to section exercised (31.01.2014) by County of Tipperary Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 66 of 2014).

E29
Power pursuant to section exercised (31.01.2014) by County of South Dublin Local Electoral Areas Order 2014 (S.I. No. 65 of 2014).

E30
Power pursuant to section exercised (31.01.2014) by County of Sligo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 64 of 2014).

E31
Power pursuant to section exercised (31.01.2014) by County of Roscommon Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 63 of 2014).

E32
Power pursuant to section exercised (31.01.2014) by County of Offaly Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 62 of 2014).

E33
Power pursuant to section exercised (31.01.2014) by County of Monaghan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 61 of 2014).

E34
Power pursuant to section exercised (31.01.2014) by County of Meath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 60 of 2014).

E35
Power pursuant to section exercised (31.01.2014) by County of Mayo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 59 of 2014).

E36
Power pursuant to section exercised (31.01.2014) by County of Louth Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 58 of 2014).

E37
Power pursuant to section exercised (31.01.2014) by County of Longford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 57 of 2014).

E38
Power pursuant to section exercised (31.01.2014) by City and County of Limerick Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 56 of 2014).

E39
Power pursuant to section exercised (31.01.2014) by County of Leitrim Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 55 of 2014).

E40
Power pursuant to section exercised (31.01.2014) by County of Laois Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 54 of 2014).

E41
Power pursuant to section exercised (31.01.2014) by County of Kilkenny Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 53 of 2014).

E42
Power pursuant to section exercised (31.01.2014) by County of Kildare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 52 of 2014).

E43
Power pursuant to section exercised (31.01.2014) by County of Kerry Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 51 of 2014).

E44
Power pursuant to section exercised (31.01.2014) by County of Galway Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 50 of 2014).

E45
Power pursuant to section exercised (31.01.2014) by City of Galway Local Electoral Areas Order 2014 (S.I. No. 49 of 2014).

E46
Power pursuant to section exercised (31.01.2014) by County of Fingal Local Electoral Areas Order 2014 (S.I. No. 47 of 2014).

E47
Power pursuant to section exercised (31.01.2014) by County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2014 (S.I. No. 46 of 2014).

E48
Power pursuant to section exercised (31.01.2014) by City of Dublin Local Electoral Areas Order 2014 (S.I. No. 45 of 2014).

E49
Power pursuant to section exercised (31.01.2014) by County of Donegal Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 44 of 2014).

E50
Power pursuant to section exercised (31.01.2014) by County of Cork Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 43 of 2014).

E51
Power pursuant to section exercised (31.01.2014) by County of Clare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 42 of 2014).

E52
Power pursuant to section exercised (31.01.2014) by County of Cavan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 41 of 2014).

E53
Power pursuant to section exercised (31.01.2014) by County of Carlow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 40 of 2014).

E54
Power pursuant to section exercised (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013).

E55
Power pursuant to section exercised (25.11.2013) by Local Government (Prescribed Bodies) Regulations 2013 (S.I. No. 457 of 2013).

E56
Power pursuant to section exercised (25.11.2013) by Local Government (Audit Fees) Regulations 2013 (S.I. No. 456 of 2013).

E57
Power pursuant to section exercised (13.02.2012) by Local Government (Tenure of Office of Managers) Regulations 2012 (S.I. No. 50 of 2012).

E58
Power pursuant to section exercised (24.04.2007) by Local Government (Business Improvement Districts Ratepayer Plebiscite) Regulations 2007 (S.I. No. 166 of 2007).

E59
Power pursuant to section exercised (10.07.2006) by Local Government Act 2001 (Bye-Laws) Regulations 2006 (S.I. No. 362 of 2006).

E60
Power pursuant to section exercised (1.08.2003) by Local Government Act 2001 (Section 237A) Regulations 2003 (S.I. No. 274 of 2003).

E61
Power pursuant to section exercised (6.06.2002) by Local Authority Members (Gratuity) Regulations 2002 (S.I. 281 of 2002), as amended (23.07.2002) by Local Authority Members (Gratuity) (Amendment) Regulations 2002 (S.I. No. 378 of 2002) and as amended (11.07.2003) by Local Authority Members (Gratuity) (Amendment) Regulations 2003 (S.I. No. 302 of 2003) and as amended (19.12.2006) by Local Authority Members (Gratuity) (Amendment) Regulations 2006 (S.I. No. 674 of 2006).

E62
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).

E63
Power pursuant to section exercised (17.07.2002) by Local Government Act 2001 (Meetings) Regulations 2002 (S.I. No. 66 of 2002).

E64
Power pursuant to section exercised (1.01.2002) by Local Government Act 2001 (Supplementary Provisions) Regulations 2001 (S.I. No. 590 of 2001).

E65
Previous affecting provision: power pursuant to section exercised (10.11.2017) by Local Government (Expenses of Local Authority Members) (Amendment) Regulations 2017 (S.I. No. 494 of 2017); revoked (1.07.2021) by Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021), reg. 18, in effect as per reg. 2.

E66
Previous affecting provision: power pursuant to section exercised (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), in effect as per reg. 3; revoked (1.07.2021) by Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021), reg. 18, in effect as per reg. 2.

E67
Previous affecting provision: power pursuant to section exercised (1.06.2014) by Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014), in effect as per reg. 3; revoked (1.07.2021) by Local Government (Remuneration of Local Authority Members) Regulations 2021 (S.I. No. 312 of 2021), reg. 10, in effect as per reg. 2.

E68
Previous affecting provision: power pursuant to section exercised (1.01.2002) by Local Government (Representational Payment For Members) Regulations 2001 (S.I. No. 552 of 2001), as amended (6.06.2002) by Local Authority Members (Gratuity) Regulations 2002 (S.I. No. 281 of 2002), reg. 2 and as amended (1.06.2014) by Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014), in effect as per reg. 3; revoked (1.07.2021) by Local Government (Remuneration of Local Authority Members) Regulations 2021 (S.I. No. 312 of 2021), reg. 10, in effect as per reg. 2.

E69
Previous affecting provision: power pursuant to section exercised (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004); revoked (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2.

E70
Previous affecting provision: power pursuant to section exercised (13.01.2014) by Local Government (Financial Procedures and Audit) (Amendment) Regulations 2014 (S.I. No. 8 of 2014), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect.

E71
Previous affecting provision: power pursuant to section exercised (23.10.2012) by Local Government (Tenure of Office of Managers) (Amendment No. 2) Regulations 2012 (S.I. No. 406 of 2012); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(c).

E72
Previous affecting provision: power pursuant to section exercised (15.05.2012) by Local Government (Tenure of Office of Managers) (Amendment) Regulations 2012 (S.I. No. 157 of 2012); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(b).

E73
Previous affecting provision: power pursuant to section exercised (11.11.2011) by Local Government (Tenure of Office of Managers) Regulations 2011 (S.I. No. 573 of 2011); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(a).

E74
Previous affecting provision: power pursuant to section exercised (5.02.2010) by Local Government Act 2001 (Section 142) Regulations 2010 (S.I. No. 37 of 2010); revoked (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), reg. 18, in effect as per reg. 3.

E75
Previous affecting provision: power pursuant to section exercised (14.11.2008) by Local Government (Financial Procedures and Audit) Regulations 2002 (Amendment) Order 2008 (S.I. No. 467 of 2008), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect.

E76
Previous affecting provision: power pursuant to section exercised (1.01.2007) by Local Government (Expenses of Local Authority Members) Regulations 2006 (S.I. No. 668 of 2006); revoked (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), reg. 18, in effect as per reg. 3.

E77
Previous affecting provision: power pursuant to section exercised (28.02.2003) by Local Government Act 2001 (Part 15) Regulations 2003 (S.I. No. 73 of 2003); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.

E78
Previous affecting provision: power pursuant to section exercised (12.02.2003) by Local Government (Tenure of Office of Managers) Regulations 2003 (S.I. No. 47 of 2003); revoked (11.11.2011) by Local Government (Tenure of Office of Managers) Regulations 2011 (S.I. No. 573 of 2011), reg. 4.

E79
Previous affecting provision: power pursuant to section exercised (1.01.2003) by Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.

E80
Previous affecting provision: power pursuant to section exercised (14.11.2002) by Local Government (Financial Procedures and Audit) Regulations 2002 (S.I. No. 508 of 2002); revoked (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), reg. 30, in effect as per reg. 2.

Section 5

Repeals, revocation and amendment of enactments.

5.—(1) Each Act specified in the first and second columns of Part 1 of Schedule 3 is repealed to the extent specified in the third column of that Part opposite the references in the first and second columns.

(2) Each order specified in the first and second columns of Part 2 of Schedule 3 is revoked to the extent specified in the third column of that Part opposite the references in the first and second columns.

(3) Each Act specified in the first and second columns of Schedule 4 is amended in the manner stated in the third column of that Schedule opposite the references in the first and second columns.

Section 6
Savers.

6.—The repeal or revocation by this Act of a provision of any enactment which is applied by a provision of any other enactment not so repealed or revoked, shall not affect such application and accordingly the first-mentioned provision continues to apply and have effect for the purposes of such application.

Annotations

Editorial Notes:

E81
Notwithstanding the repeal of Part IV of the Local Government Act 1946 by this Act, Part IV continues to apply and shall be deemed always to have applied in relation to an application for a bridge order that was made to the Minister before 31 December 2001 and the bridge order made after that date by the Minister pursuant to such an application (10.04.2003) by Local Government Act 2003 (8/2003), s. 2(1) and (2), commenced on enactment.

Section 7
Commencement.

7.—This Act (except Part 2, section 9 of which provides for an establishment day order in respect of that Part, F11[and except section 161, the coming into operation of which is provided for in that section]) shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefor either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions and for the repeal, revocation and amendment effected by section 5 of different enactments or of different provisions of those enactments.

Annotations

Amendments:

F11
Substituted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.

Editorial Notes:

E82
A table showing commencement information ordered by section is available at https://www.irishstatutebook.ie/eli/isbc/2001_37.html#commencement.

E83
Power pursuant to section exercised (31.01.2019) by Local Government Act 2001 (Commencement) Order 2019 (S.I. No. 24 of 2019).

2. The 31st day of January 2019 is appointed to be the day on which the following provisions of the Local Government Act 2001 (No. 37 of 2001) shall come into operation:

(a) subsection (1) of section 5 and Part 1 of Schedule 3 in so far as they effect the repeal of—

(i) sections 76, 77, 78 and 79 of the Local Government Act 1946 (No. 24 of 1946),

(ii) section 53 of the Local Government Act 1955 (No. 9 of 1955), and

(iii) section 67 of the Local Government Act 1994 (No. 8 of 1994); and

(b) sections 189, 190, 192 and 193, and subsections (1) and (2) of section 194.

E84
Power pursuant to section exercised (30.01.2014) by Local Government Act 2001 (Commencement of Certain Provisions) Order 2014 (S.I. No. 37 of 2014).

2. The 30th day of January 2014 is appointed as the day on which the following provisions of the Local Government Act 2001 (No. 37 of 2001) come into operation:

(a) to the extent specified in the Schedule to this Order, the repeal provided for by section 5(1) and Part 1 of Schedule 3;

(b) section 23.

SCHEDULE

NUMBER AND YEAR

SHORT TITLE

EXTENT OF REPEAL

No. 8 of 1994

Local Government Act 1994

Section 24.

E85
Power pursuant to section exercised (27.11.2013) by Local Government Act 2001 (Commencement) Order 2013 (S.I. No. 446 of 2013).

2. The 27th day of November 2013 is fixed as the day on which section 230 of the Local Government Act 2001 (No. 37 of 2001) comes into operation.

E86
Power pursuant to section exercised (7.09.2011) by Local Government Act 2001 (Commencement) Order 2011 (S.I. No. 447 of 2011).

2. The 7th day of September 2011 is appointed as the day upon which sections 188, 191 and 194 (3) (inserted by section 48 of the Environment (Miscellaneous Provisions) Act 2011 (No. 20 of 2011)) of the Local Government Act 2001 (No. 37 of 2001) shall come into operation.

E87
Power pursuant to section exercised (10.07.2006) by Local Government Act, 2001 (Commencement) Order 2006 (S.I. No. 361 of 2006).

2. Part 19 of the Local Government Act, 2001, shall come into operation on 10 July 2006.

3. Section 5(1) of and Part 1 of Schedule 3 to the Local Government Act 2001 shall come into operation on 10 July 2006 to the extent specified in the Schedule to this Order.

Article 3

Schedule

REPEALS

Number and Year

Short Title

Extent of Repeal

17 & 18 Vict. c. 103

Towns Improvement (Ireland) Act 1854

Sections 78 to 88

No. 8 of 1994

Local Government Act 1994

Part VII

E88
Power pursuant to section exercised (19.05.2004, 21.05.2004 and 1.01.2005) by Local Government Act 2001 (Commencement) Order 2004 (S.I. No. 217 of 2004).

3. On 19th May 2004 section 5(1) of and Part I of Schedule 3 to the Act of 2001 shall come into operation for the purposes of the repeal of section 21 of the Local Government Act 1955 (No. 9 of 1955) and for the purposes of the repeal of section 25 (other than subsection (6) of that section) of the Local Elections (Petitions and Disqualifications) Act 1974 (No. 8 of 1974).

4. On 21 May 2004 section 169 (other than subsection (4)(a)(ii) and (4)(b)(ii) of that section), and references to a code of conduct in sections 166(1), 167(2), 170(1) and 174(6) of the Act of 2001 shall come into operation.

5. On 1 January 2005 subsection (4)(a)(ii) and (4)(b)(ii) of section 169 and section 171(1)(b) of the Act of 2001 shall come into operation.

E89
Power pursuant to section exercised (14.11.2002, 1.01.2003 and 1.01.2004) by Local Government Act, 2001 (Commencement) (No. 5) Order 2002 (S.I. No. 507 of 2002).

3. On 14 November, 2002 Parts 12 (insofar as it has not already been commenced) and 21 of the Act of 2001 shall come into operation.

4. On 14 November, 2002 paragraph 5 of Schedule 10 to the Act of 2001 shall come into operation.

5. On 14 November, 2002 section 5(1) of and Part 1 of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part I of the Schedule to this Order.

6. On 14 November, 2002 section 5(2) of and Part 2 of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part 2 of the Schedule to this Order.

7. On 14 November, 2002 section 5(3) of and Schedule 4 to the Act of 2001, shall come into operation for the purpose of

(a) the amendment to the Local Government (Ireland) Act, 1898 in the manner stated in column 3 of Schedule 4 to the Act of 2001,

(b) the amendments to the Local Government (Financial Provisions) Act, 1978 in the manner stated in column 3 of Schedule 4 to the Act of 2001,

(c) the amendment to the Local Government (Financial Provisions) Act, 1997 in the manner stated in column 3 of Schedule 4 to the Act of 2001.

8. On 14 November, 2002 section 231 of the Act of 2001 shall come into operation.

9. On 1 January, 2003 section 135 of the Act of 2001 shall come into operation.

10. On 1 January, 2004 section 1(4) of the Act of 2001 shall come into operation.

SCHEDULE

PART 1

Acts Repealed

Session and Chapter or Number and Year

Short Title

Extent of Repeal

17 & 18 Vict. c. 103

Towns Improvement (Ireland) Act, 1854

Section 59.

30 & 31 Vict. c. 46

County Treasurers (Ireland) Act, 1867

The whole Act.

34 & 35 Vict. c. 109

Local Government (Ireland) Act, 1871

Section 18.

35 & 36 Vict. c. 69

Local Government Board (Ireland) Act, 1872

Section 12.

61 & 62 Vict. c. 37

Local Government (Ireland) Act, 1898

Section 83(12).

2 Edw. 7. c. 38

Local Government (Ireland) Act, 1902

Sections 21 and 22.

No. 5 of 1925

Local Government Act 1925

Section 86.

No. 1 of 1929

Cork City Management Act, 1929

The whole Act insofar as it is not already repealed.

No. 27 of 1930

Local Government (Dublin) Act, 1930

Sections 54(2), 61, 62 and 95.

No. 35 of 1934

Limerick City Management Act, 1934

Sections 16(2), 23 and 24.

No. 55 of 1936

Local Authorities (Miscellaneous Provisions) Act, 1936

Sections 2 and 3.

No. 3 (Private) 1937

Local Government (Galway) Act, 1937

The whole Act insofar as it is not already repealed.

No. 36 of 1937

Local Government (Nomination of Presidential Candidates) Act, 1937

The whole Act.

No. 25 of 1939

Waterford City Management Act, 1939

Sections 15(2), 22 and 23.

No. 12 of 1940

County Management Act, 1940

The whole Act insofar as it is not already repealed.

No. 5 of 1941

Cork City Management (Amendment) Act, 1941

Sections 14 and 15.

No. 23 of 1941

Local Government Act, 1941

Part IV and sections 68, 69 and 77.

No. 24 of 1946

Local Government Act, 1946

Sections 7 to 9, 15 to 17, 22, 26 and 27, 34, 64 and 65, 80 and 81.

No. 9 of 1955

Local Government Act, 1955

Sections 48 and 61.

No. 12 of 1955

City and County Management (Amendment) Act, 1955

The whole Act insofar as it is not already repealed.

No. 40 of 1960

Local Government (No. 2) Act, 1960

Part II.

No. 35 of 1978

Local Government (Financial Provisions) Act, 1978

Sections 11, 12 and 14.

No. 8 of 1994

Local Government Act, 1994

Section 44.

No. 29 of 1997

Local Government (Financial Provisions) Act, 1997

Sections 8, 13 and 16.

PART 2

ORDERS REVOKED

Number and Year

Short Title

Extent of Revocation

1898 No. 1120

Local Government (Application of Enactments) Order, 1898

The whole Order insofar as it is not already revoked.

1899 No. 44

Local Government (Adaptation of Irish Enactments) Order, 1899

Article 43.

E90
Power pursuant to section exercised (1.01.2004) by Local Government Act, 2001 (Commencement) (No. 4) Order 2002 (S.I. No. 250 of 2002).

2. On 1 January, 2004 Chapter 5 of Part 9 of the Local Government Act, 2001 shall come into operation.

3. On 1 January, 2004 section 5(1) of and Schedule 3 to the Local Government Act, 2001 shall come into operation for the purposes of the repeal of the Local Government (Amendment) (No. 2) Act, 1934 (No. 44 of 1934).

E91
Power pursuant to section exercised (1.01.2003) by Local Government Act, 2001 (Commencement) (No. 3) Order 2002 (S.I. No. 218 of 2002).

3. On 1 January 2003, Part 15 of the Act of 2001 shall come into operation other than section 169 and any reference to a code of conduct in sections 166(1), 167(2), 170(1), 171(1)(b), and 174(6).

E92
Power pursuant to section exercised (16.05.2002) by Local Government Act, 2001 (Commencement) (No. 2) Order 2002 (S.I. No. 213 of 2002).

2. Sections 109 and 110 of the Local Government Act, 2001 shall come into operation on the 16th day of May 2002.

E93
Power pursuant to section exercised (1.05.2002, 17.07.2002, 1.05.2004, 11.03.2002) by Local Government Act, 2001 (Commencement) Order 2002 (S.I. No. 65 of 2002).

3. On 1 May 2002, section 19 of the Act of 2001 shall come into operation; and on that date also section 5(1) of and Part 1 of Schedule 3 to that Act shall come into operation for the purposes of the repeal of section 11 of the Local Government Act, 1994, (No. 8 of 1994).

4. (a) On 17 July 2002, Part 6 and Part 7 of the Act of 2001 and Schedule 10 to that Act, other than paragraph 3(3) and paragraph 5 of that Schedule, shall come into operation.

(b) On 1 May 2004, paragraph 3(3) of Schedule 10 to the Act of 2001 shall come into operation.

5. On 17 July 2002, section 5(1) of and Part 1 of Schedule 3 to the Act of 2001 shall come into operation to the extent specified in Part 1 of the Schedule to this Order.

6. On 17 July 2002, section 5(2) of and Part 2 of Schedule 3 to the Act of 2001 shall come into operation to the extent specified in Part 2 of the Schedule to this Order.

7. On 11 March 2002, section 5(1) of and Part 1 of Schedule 3 to the Act of 2001 shall come into operation for the purposes of the repeal of section 4 of the City and County Management (Amendment) Act, 1955 ( No. 12 of 1955), insofar as that section is not already repealed.

SCHEDULE

Part 1

Acts Repealed

Article 5

Secssion and Chapter or Number and Year

Short Title

Extent of Repeal

3 & 4 Vict. c. 108

Municipal Corporations (Ireland) Act, 1840

The whole Act insofar as it is not already repealed.

10 & 11 Vict. c. 16

Commissioners Clauses Act, 1847

The whole Act insofar as it is not already repealed.

17 & 18 Vict. c. 103

Towns Improvement (Ireland) Act, 1854

Sections 27 and 28

61 & 62 Vict. c. 37

Local Government (Ireland) Act, 1898.

Sections 23(2) and 77.

2 Edw. 7. c. 38

Local Government (Ireland) Act, 1902

Sections 14 and 15.

No. 5 of 1925

Local Government Act, 1925

Sections 58 and 64.

No. 1 of 1929

Cork City Management Act, 1929

Section 7.

No. 27 of 1930

Local Government (Dublin) Act, 1930

Sections 31 and 37.

No. 35 of 1934

Limerick City Management Act, 1934

Sections 5(3) and 9.

No. 3 (Private) 1937

Local Government (Galway) Act, 1937

Sections 15 and 33.

No. 25 of 1939

Waterford City Management Act, 1939

Sections 4(3) and 8(6).

No. 12 of 1940

County Management Act, 1940

Section 18.

No. 23 of 1941

Local Government Act, 1941

Section 41.

No. 24 of 1946

Local Government Act, 1946

Sections 62, 63 and 66.

No. 9 of 1955

Local Government Act, 1955

Section 60.

No. 7 of 1985

Local Government (Reorganisation) Act, 1985

Sections 9, 25 and 27 and the Fifth Schedule.

No. 11 of 1991

Local Government Act, 1991

Part VI.

No. 8 of 1994

Local Government Act, 1994

Part V.

Part 2

Orders Revoked

Article 6

Year and Number

Short Title

Extent of Revocation

1898 No. 1120

Local Government (Application of Enactments) Order, 1898

Articles 36 and 38 of the Schedule to the Order.

E94
Power pursuant to section exercised (1.01.2002 and unspecified dates) by Local Government Act, 2001 (Commencement) (No. 3) Order 2001 (S.I. No. 588 of 2001).

3. On 1 January, 2002, subsections (2), (3) and (5) of section 1 of the Act of 2001, shall come into operation.

4. On 1 January, 2002, section 5(1) of and Part I of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part 1 of the Schedule to this Order.

5. On 1 January, 2002, section 5(2) of and Part 2 of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part 2 of the Schedule to this Order.

6. On 1 January, 2002, section 5(3) of and Schedule 4 to the Act of 2001, shall come into operation for the purpose of

(a) the amendment to the Housing (Traveller Accommodation) Act, 1998 (No. 33 of 1998) in the manner stated in column 3 of Schedule 4 to the Act of 2001, and

(b) the amendments to the Planning and Development Act, 2000 (No. 30 of 2000) in the manner stated in column 3 of Schedule 4 to the Act of 2001.

7. On 1 January, 2002, Part 3, other than sections 13(1)(i), 14, 19 and 22; Part 4, other than section 23; Part 5, other than Chapter 3; Part 9, other than Chapter 5; Part 10; sections 112 and 113(1); Part 13; Part 14, other than section 135; Part 16; section 197; Part 22, other than sections 223, 230 and 231; Part 24 insofar as not already commenced, of the Act of 2001, shall come into operation.

8. Section 13(1)(i) of the Act of 2001 shall come into operation and have effect for the purposes of the local elections in the year 2004 and from then on. Section 14 of the Act of 2001 shall come into operation and have effect on and from the ordinary day of retirement of members next after the enactment of the Act of 2001.

9. On 1 January, 2002, Schedules 1, 2, 5, 6, 7, 8, 12, 13, 14 and 15 to the Act of 2001, shall come into operation.

SCHEDULE

Part 1

Acts Repealed

Secssion and Chapter or Number and Year

Short Title

Extent of Repeal

6 & 7 Will. 4 c. 116

Grand Jury (Ireland) Act, 1836

Sections 35, 43, 44, 46, 54, 58, 66 to 68, 78, 82, 86, 108, 126 and 178 to 180 and Schedule (R).

3 & 4 Vict. c. 108

Municipal Corporations (Ireland) Act, 1840

The whole Act other than sections 10, 92 and 102.

3 & 4 Vict. c. 109

Counties and Boroughs (Ireland) Act, 1840

The whole Act.

6 & 7 Vict. c. 93

Municipal Corporations (Ireland) Act, 1843

The whole Act.

7 & 8 Vict. c. 106

County Dublin Grand Jury Act, 1844

Sections 40 and 110.

10 & 11 Vict. c. 16

Commissioners Clauses Act, 1847

Sections 53, 56 to 59.

10 & 11 Vict. c. 34

Towns Improvement Clauses Act, 1847

The whole Act.

16 & 17 Vict. c. 136

Grand Jury (Ireland) Act, 1853

Section 9.

17 & 18 Vict. c. 103

Towns Improvement (Ireland) Act, 1854

Section 38, 39, 41, 55, 58, 69, 72, 74 to 76 and 89.

23 & 24 Vict. c. 16

Municipal Corporations Mortgages etc. Act, 1860

The whole Act.

34 & 35 Vict. c. 109

Local Government (Ireland) Act, 1871

Section 25.

41 & 42 Vict. c. 52

Public Health (Ireland) Act, 1878

Sections 7, 200, 201 and 277.

45 & 46 Vict. c. 50

Municipal Corporations Act, 1882

The whole Act.

47 & 48 Vict. c. 70

Municipal Elections (Corrupt and Illegal Practices) Act, 1884

The whole Act.

53 & 54 Vict. c. 59

Public Health Acts Amendment Act, 1890

Section 38.

61 & 62 Vict. c. 37

Local Government (Ireland) Act, 1898

Sections 1, 4, 6(b), 10, 11, 12, 14, 18, 21, 22, 27, 31, 33, 35, 40, 41, 48 to 50, 58, 59, 68, 72, 78, 81, 82, 84, 86, 100 and 108 and the Second and Third Schedules.

63 & 64 Vict. c. 63

Local Government (Ireland) Act, 1900

Section 9.

2 Edw. 7. c. 38

Local Government (Ireland) Act, 1902

Sections 6 and 8.

9 Edw. 7. c. 47

Development and Road Improvement Funds Act, 1909

The whole Act.

No. 13 of 1924

Local Government (Temporary Provisions) (Amendment) Act, 1924

The whole Act.

No. 5 of 1925

Local Government Act, 1925

Sections 2, 3, 5, 6, 16, 70, 73, 74, 81 and the First Schedule.

No. 1 of 1929

Cork City Management Act, 1929

The whole Act other than sections 1, 7, 11(2), 16 and 23.

No. 27 of 1930

Local Government (Dublin) Act, 1930

Sections 7, 17 to 19, 30, 38 to 41, 45, 51, 53, 54(1), 55 to 57, 59, 60, 67, 80 and 103 and the First Schedule.

No. 35 of 1934

Limerick City Management Act, 1934

Sections 2 to 4, 5(1) and (2), 11 to 14, 16(1), 17 to 19, 21, 22, 31 to 34, 39, 40 and the First Schedule.

No. 55 of 1936

Local Authorities (Miscellaneous Provisions) Act, 1936

Section 6.

No. 3 (Private) 1937

Local Government (Galway) Act, 1937

The whole Act other than sections 1, 2, 9, 15, 33 and 39.

No. 25 of 1939

Sections 2, 3, 4(1) and (2), 10 to 13, 15(1), 16 to 18, 20, 21, 30 to 32 and 37 to 39.

No. 12 of 1940

County Management Act, 1940

The whole Act other than sections 1, 2, 18, 21, 39 and 41.

No. 5 of 1941

Cork City Management (Amendment) Act, 1941

Sections 7, 8, 10 to 12, 22, 23 and 26.

No. 15 of 1941

Local Officers and Servants (Dublin) Act, 1941

The whole Act.

No. 23 of 1941

Local Government Act, 1941

Part II (insofar as it is not already repealed), Part III (insofar as it is not already repealed and other than section 41), section 67, Part VIII (insofar as it is not already repealed) and sections 76, 78, and 90.

No. 13 of 1942

County Management (Amendment) Act, 1942

The whole Act.

No. 8 of 1945

Local Government (Dublin) Act, 1945

The whole Act.

No. 30 of 1945

Local Authorities (Acceptance of Gifts) Act, 1945

The whole Act.

No. 24 of 1946

Local Government Act, 1946

Section 25, Part III (insofar as it is not already repealed) and Part IV and sections 70, 71, 73, 82, 83, 95 and 98.

No. 24 of 1950

Limerick City Management Act, 1950

The whole Act.

No. 9 of 1955

Local Government Act, 1955

Chapter 1 of Part II other than sections 21 and 24(2), sections 31 to 33, 40, 41, 51, 54, 58, 59, 65 and Part 1 of the Second Schedule.

No. 12 of 1955

City and County Management (Amendment) Act, 1955

Sections 2, 3, section 4 (except insofar as it relates to a planning function within the meaning of section 44 of the Local Government Act, 1991 ), sections 5, 6, 12, 13, 15 to 17, 19 and 20.

No. 9 of 1958

Local Government Act, 1958

The whole Act.

No. 10 of 1959

Local Government Act, 1959

The whole Act.

No. 40 of 1960

Local Government (No. 2) Act, 1960

Sections 11 and 12.

No. 3 of 1962

Road Fund (Grants) (Temporary Provisions) Act, 1962

The whole Act.

No. 8 of 1965

Cork City Management (Amendment) Act, 1965

The whole Act.

No. 21 of 1966

Housing Act, 1966

Sections 85, 87 and 88.

No. 6 of 1968

Local Government (Roads and Drainage) Act, 1968

The whole Act.

No. 32 of 1972

County Management (Amendment) Act, 1972

The whole Act.

No. 35 of 1978

Local Government (Financial Provisions) Act, 1978

Section 13.

No. 21 of 1983

Local Government (Financial Provisions) (No. 2) Act, 1983

Section 9.

No. 7 of 1985

Local Government (Reorganisation) Act, 1985

Sections 5 to 7, Part III (insofar as it is not already repealed and other than section 9) and sections 19 to 23, and the First, Second, Third, and Fourth Schedules.

No. 3 of 1986

Canals Act, 1986

Section 15.

No. 28 of 1988

Section 27.

No. 11 of 1991

Local Government Act, 1991

Parts II to IV and sections 41, 42 and 46 to 50, 53 and 54(a).

No. 31 of 1993

Local Government (Dublin) Act, 1993

Part II and sections 39 and 40.

No. 8 of 1994

Local Government Act, 1994

Part II other than section 11, Part III other than section 24, Part IV, Part VI and section 46 and Parts IX and X, sections 61 and 64 to 66 and the Third, Fourth and Fifth Schedules.

No. 16 of 1998

Local Government Act, 1998

Sections 9 and 10.

No. 25 of 2000

Local Government Act, 2000

The whole Act.

Part 2

Orders Revoked

Year and Number

Short Title

Extent of Revocation

1898 No. 1120

Local Government (Application of Enactments) Order, 1898

Articles 8, 11, 12, 13, 15, 16, 24, 30, 33, 41, 43 to 46 of the Schedule to the Order.

1899 No. 44

Local Government (Adaptation of Irish Enactments) Order, 1899

Articles 4 to 7, 13, 15 to 17, 19 to 36, 42, 44 and 45.

E95
Power pursuant to section exercised (1.01.2002) by Local Government Act, 2001 (Commencement) (No. 2) Order, 2001 (S.I. No. 551 of 2001).

2. On the 1st day of January, 2002, section 142 of the Local Government Act, 2001, shall come into operation.

3. On the 1st day of January, 2002, section 51 of the Local Government Act, 1991 (No. 11 of 1991) shall be repealed.

E96
Power pursuant to section exercised (9.10.2001 and 1.01.2002) by Local Government Act, 2001 (Commencement) Order 2001 (S.I. No. 458 of 2001).

2. On the 9th day of October, 2001, subsections (1), (6) and (7) of section 1 and sections 2, 3, 4, 6, 7, 8 and 247 of the Local Government Act, 2001 shall come into operation.

3. On the 9th day of October, 2001 section 5(1) of, and Part 1 of Schedule 3 to, the Local Government Act, 2001 shall come into operation to the extent specified in the Schedule to this Order.

4. On the 1st day of January, 2002, Part 23 of the Local Government Act, 2001 shall come into operation.

SCHEDULE

Repeals

Number

Short Title

Extent of Repeal

No. 13 of 1937

Local Authorities (Electrical Employees) Act, 1937

The whole Act.

No. 22 of 1940

Local Authorities (Cost of Living) Act, 1940

The whole Act.

No. 34 of 1940

Unemployment (Relief Works) Act, 1940

The whole Act.

No. 13 of 1945

Local Authorities (Cost of Living) (Amendment) Act, 1945

The whole Act.

No. 9 of 1955

Local Government Act, 1955

Section 62.

No. 12 of 1955

City and County Management (Amendment) Act, 1955

Section 7 and sections 9 and 11 insofar as they apply to an estimates committee.

Section 8
Expenses.

8.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2

Local Government Areas and Local Authorities

Section 9

Establishment day.

9.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

Annotations

Editorial Notes:

E97
Power pursuant to section exercised (1.01.2002) by Local Government Act, 2001 (Establishment Day) Order 2001 (S.I. No. 591 of 2001).

Section 10

Local government areas.

F12[10.—(1) The State has local government areas in accordance with this section.

(2) The State stands divided into local government areas to be known as—

(a) counties,

(b) cities, and

(each of which shall be known as a county, a city or a city and county as provided for and set out in columns 1 of Parts 1, 2 and 3, respectively, of Schedule 5.

(3)(a) Subject to section 10 of the Local Government Reform Act 2014 F13[and section 8 of the Local Government Act 2019], the boundaries of a county referred to in subsection (2) are the boundaries of the corresponding county as existing immediately before 1 January 2002.

(b) Subject to section 10 of the Local Government Reform Act 2014 F13[and section 8 of the Local Government Act 2019], the boundaries of a city referred to in subsection (2) are the boundaries of the corresponding county borough as existing immediately before 1 January 2002.

(4) For the purposes of this section and subject to section 11(2) of the Local Government Reform Act 2014, all maps showing such boundaries prepared by the Chief Boundary Surveyor under the Survey (Ireland) Acts 1825 to 1870, or by the Commissioner of Valuation or otherwise in accordance with law continue to have all such force and effect as they had immediately before 1 January 2002.

(5) This section is without prejudice to—

(a) section 227,

F13[(aa) Part 2 of the Local Government Act 2019]

(b) Part V of the Local Government Act 1991, and

(6) This section is without prejudice to—

(a) the continued use of the description city in relation to Kilkenny, to the extent that that description was used before 1 January 2002 and is not otherwise inconsistent with this Act,

(b) the continued use of the description city in relation to Limerick and to Waterford, to the extent that each of those descriptions was used before the 2014 establishment day and is not otherwise inconsistent with this Act.]

Annotations

Amendments:

F12
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 12(1) and 25(4)(b), S.I. No. 214 of 2014.

F13
Inserted (31.01.2019) by Local Government Act 2019 (1/2019), s. 35(a), S.I. No. 20 of 2019.

Modifications (not altering text):

C10
Alternate commencement date for amendments to local government areas by Local Government Reform Act 2014 (1/2014), s. 12, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(a), commenced as per s. 28(5).

Elections to local authorities in 2014

28. (1) For the purpose of holding in 2014 elections of members of local authorities—

(a) the local government areas provided for by section 10 of, and Schedule 5 to, the Principal Act shall have effect as amended by section 12,

…

(5) This section has effect upon the passing of this Act.

Section 11

Establishment, titles and administrative areas of local authorities and consequential provisions.

11.—F14[(1) On and from the 2014 establishment day and for the purposes of local government, the areas referred to in subsection (2) of section 10 (as amended by section 12(1) of the Local Government Reform Act 2014) shall each have a local authority as provided for in this section.

(2) With effect from the 2014 establishment day—

(a) for each county set out in Part 1 of Schedule 5 (as amended by section 12(2) of the Local Government Reform Act 2014)—

(i) in the case of Tipperary, there stands established, under this section, and

(ii) in every other case there continues to stand established under this section,

a body for the purposes of local government,

(b) for each city set out in Part 2 of Schedule 5 (as so amended) there continues to stand established under this section a body for the purposes of local government, and

(c) for each city and county set out in Part 3 of Schedule 5 (as so amended) there stands established under section 13(1) of the Local Government Reform Act 2014 a body for the purposes of local government,

and each such body is a local authority and each such county, city, or city and county, as the case may be, is its administrative area.

(3) The local authorities referred to in subsection (2) are the primary units of local government and shall be known by—

(a) in the case of a county set out in Part 1 of Schedule 5—

(i) in the Irish language, the name of the local authority concerned as set out in column 2 of Chapter 1 of that Part opposite the mention in column 1 of that county,

(ii) in the English language, the name of the local authority concerned as set out in column 2 of Chapter 2 of that Part opposite the mention in column 1 of that county,

(b) in the case of a city set out in Part 2 of Schedule 5—

(i) in the Irish language, the name of the local authority concerned as set out in column 2 of Chapter 1 of that Part opposite the mention in column 1 of that city,

(ii) in the English language, the name of the local authority concerned as set out in column 2 of Chapter 2 of that Part opposite the mention in column 1 of that city,

and

(i) in the Irish language, the name of the local authority concerned as set out in column 2 of Chapter 1 of that Part opposite the mention in column 1 of that city and county,

(ii) in the English language, the name of the local authority concerned as set out in column 2 of Chapter 2 of that Part opposite the mention in column 1 of that city and county.]

(4) F15[…]

(5) F14[(a) In respect of a local authority to which subsection (3) relates, each member (being directly elected or co-opted in accordance with this Act) shall be known as a councillor and, without prejudice to sections 22B and 22C, collectively shall comprise the elected council of the local authority.]

(b) Each local authority shall have a Cathaoirleach and Leas-Chathaoirleach elected in accordance with Part 5.

F14[(6) For the purposes of functions conferred on it by or under this or any other enactment—

(a) a county council has jurisdiction throughout its administrative area,

(b) a city council has jurisdiction throughout its administrative area,

(7) A local authority to which F14[subsection (3)] relates shall—

(a) continue to be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold, manage, maintain and dispose of land or any interest in land,

(b) have a seal which shall be judicially noticed and every document claiming to be an instrument made by it and to be sealed with its seal (claiming to be authenticated in accordance with subsection (8)) shall be received in evidence and be deemed to be that instrument without further proof unless the contrary is shown.

(8) The seal referred to in subsection (7)(b) shall be authenticated by the signature of the Cathaoirleach or of an employee of the authority nominated in writing for that purpose by the F16[chief executive] following consultation with the Cathaoirleach.

(9) Any seal used immediately before the establishment day by a local authority to which this section relates continues to have all such force and effect as it had immediately before that day.

(10) Notwithstanding subsection (9), at any time after the establishment day a local authority to which this section relates may provide itself with a new seal which shall be judicially noticed and subsection (7) regarding the evidential value of the seal applies also to such seal.

(11) Notwithstanding the repeal of enactments relating to its establishment and constitution, F14[a county council or county borough corporation in being immediately before the establishment day], continue in being but subject to the provisions of this Act applying and having effect.

F17[(11A) In respect of a dissolved authority, within the meaning of the Local Government Reform Act 2014, and with effect from the commencement of the provision under that Act for such dissolution of the authority, subsection (11) ceases to have effect in respect of that authority.]

(12) Subsection (11) applies and has effect in relation to the continuation in being of the bodies mentioned in that subsection notwithstanding any change brought about by this Act in the corporate name of any such body or in its corporate status or constitution and the functions vested by any enactment in such body shall, subject to the provisions of this Act, continue to stand so vested.

(13) A reference in any other enactment or other document to a local authority (being a local authority which continues to stand established) by its name applying before it was changed under this Act shall be read as a reference to that body as renamed.

(14) All acts done and decisions made before the establishment day by a local authority (which continues to stand established under this section), whether by resolution, F16[chief executive’s order] or otherwise, shall subject to this Act continue to have all such force and effect as they had immediately before that day.

(15) (a) The land and other property and all rights related thereto which was, before the establishment day, vested in or held by a local authority which continues to stand established under this section continues, subject to the provisions of this Act, to be so vested or held by that authority for the same estate, right, title or interest and may be disposed of in accordance with Part 16.

(b) Paragraph (a) is without prejudice to the generality of subsection (14).

(16) Subject to this Act, royal charters and letters patent relating to local authorities shall continue to apply for ceremonial and related purposes in accordance with local civic tradition but shall otherwise cease to have effect.

F17[(16A) Notwithstanding the dissolution of certain local authorities by Part 2 of the Local Government Reform Act 2014 with effect from the 2014 establishment day or the dissolution of town councils by Chapter 2 of Part 3 of that Act with effect from the transfer date, subsection (16) continues to apply to any city or town concerned.]

(17)(a) This section is without prejudice to section 73 F14[or Part 21].

(b) Subsection (6) is without prejudice to Part 10.

Annotations

Amendments:

F14
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 14(a), (c), (d), (e), (f) and (i), S.I. No. 214 of 2014.

F15
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 14(b) and 25(4)(c)(i), S.I. No. 214 of 2014.

F16
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 19-20, S.I. No. 214 of 2014.

F17
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 14(g) , (h) and 25(4)(c)(ii), S.I. No. 214 of 2014.

Modifications (not altering text):

C11
Application of subs. (6) restricted (21.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 133(3), S.I. No. 662 of 2020.

Prescribing competent authority for purposes of Regulations of 2013

133. …

(3) Where a competent authority prescribed by the Minister is a local authority, then notwithstanding section 11 (6) of the Local Government Act 2001, the competent authority shall have jurisdiction throughout the administrative areas of all local authorities for the purposes of carrying out its functions with respect to market surveillance under the Regulations of 2013.

…

C12
Alternate commencement date for amendments to section by Local Government Reform Act 2014 (1/2014), s. 14, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(b), commenced as per s. 28(5).

Elections to local authorities in 2014

28. (1) For the purpose of holding in 2014 elections of members of local authorities— …

(b) the amendments by section 14 to section 11 of the Principal Act shall have effect,

…

(5) This section has effect upon the passing of this Act.

PART 3

Local Authority Membership

Section 12

Eligibility for local authority membership.

12.—Subject to section 14 and to the disqualifications set out in F18[sections 13 and 13A] and to the provisions of section 19 relating to co-option, a person is eligible for election or co-option to, and membership of, a local authority, if he or she is a citizen of Ireland or is ordinarily resident in the State and has or will attain the age of 18 years—

(a) on or before polling day at a local election, or

(b) if there is no poll, the latest day for receiving nominations at the election, or on or before the day of co-option to a local authority.

Annotations

Amendments:

F18
Substituted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.

Section 13

Disqualifications from local authority membership.

13.—(1) Subject to subsection (2), a person is disqualified from being elected or co-opted to, or from being a member of a local authority if he or she—

(a) is a member of the Commission of the European Community, or

(b) is a representative in the European Parliament, or

(d) is a member of the Court of Auditors of the European Community, or

(e) is a Minister of the Government or a Minister of State or the chairman of Dáil Éireann (An Ceann Comhairle), or the chairman of Seanad Éireann, or

(f) is appointed under the Constitution as a Judge or as the Comptroller and Auditor General, or

(g) is a member of the Garda Síochána or a wholetime member of the Defence Forces as defined in section 11(4)(b) of the Electoral Act, 1992, or

(h) is a civil servant who is not by terms of employment expressly permitted to be a member of a local authority, or

F19[(i) is a person employed by a local authority, the Health Service Executive or the Child and Family Agency and is not the holder of a class, description or grade of employment designated by order under section 161(1)(b) or deemed to have been made under that section, or]

F20[(ii) is a person employed by the Health Service Executive and is at a grade or of a description of employment designated by order of the Minister for Health and Children, or]

(j) is undergoing a sentence of imprisonment for any term exceeding 6 months imposed by a court of competent jurisdiction in the State, or

(k) fails to pay any sum or any portion of any sum charged or surcharged, by an auditor of the accounts of any local authority, upon or against that person, or

(l) fails to comply with a final judgement, order or decree of a court of competent jurisdiction, for payment of money due to any local authority, or

(m) is convicted of, or has had a conviction confirmed on appeal for, an offence relating to any of the following:

(i) fraudulent or dishonest dealings affecting a local authority;

(ii) corrupt practice;

(iii) acting when disqualified.

(2)(a) A disqualification arising under subsection (1)(k) commences—

(i) where no appeal is taken, on the expiration of the time limit for an appeal, or

(ii) where an appeal is taken to the Minister or the High Court, on the expiration of one month from the date of an order confirming the charge or surcharge,

and the disqualification shall be for 5 years from the date of its commencement.

(b) A disqualification arising under subsection (1)(l) comes into effect on the seventh day after the last day for compliance with the relevant final judgement, order or decree and the disqualification shall be for 5 years from such last day.

(i) where no appeal is taken against the conviction, when the time limit for taking an appeal has passed, or

(ii) where an appeal is taken against the conviction and the appeal is disallowed, one month from the determination of the appeal,

and the disqualification shall be for 5 years from the date of conviction or determination of the appeal, as the case may be.

(3) Nothing in this section operates to prejudice any disqualification referred to in section 182 or in section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999, or in any other enactment.

Annotations

Amendments:

F19
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 15 item 2, S.I. No. 502 of 2013.

F20
Inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 21 item 2, S.I. No. 887 of 2004, art. 2(i).

Section 13A
F21[

Application of disqualification to members of Dáil Éireann and Seanad Éireann.

13A.—(1) A person who is a member of either House of the Oireachtas is disqualified from being elected or co-opted to, or from being a member of, a local authority.

(2) In respect of local elections to be held in the year 2004 and thereafter, section 13(1) shall be read as if the following were substituted for paragraph (e):

“(e) is a member of Dáil Éireann or Seanad Éireann, or”.]

Annotations

Amendments:

F21
Inserted (2.06.2003) by Local Government (No. 2) Act 2003) (17/2003), s. 2(1), commenced on enactment, subject to transitional provision in subs. (2).

Section 14

Prohibition on multiple membership of local authorities.

F22[14.— A person shall not hold membership simultaneously of more than one local authority.]

Annotations

Amendments:

F22
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 21, S.I. No. 214 of 2014.

Section 15

Offence to act when disqualified.

15.—(1) A person is guilty of an offence if he or she knowingly acts as a member of a local authority when disqualified, or knowingly votes when prohibited by or under any enactment.

F23[(1A) Subsection (1) applies to a member of a local authority in performing functions as a municipal district member in the same manner as it applies to a member of a local authority in performing functions as a member of a local authority or a member of the council of a local authority.]

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding £1,500 for each such offence.

(3) An offence under this section may be prosecuted by a local government elector or a local authority.

(4) This section is without prejudice to any other disqualification or penalty arising out of the actions of the person concerned.

Annotations

Amendments:

F23
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 22, S.I. No. 214 of 2014.

Editorial Notes:

E98
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.

Section 16

Cesser of membership.

16.—(1) A person ceases to be a member of a local authority and a casual vacancy arises in its membership immediately upon he or she becoming disqualified from membership of a local authority under F24[sections 13, 13A] or 182, or under section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999 F25[, or upon an order under subsection (4)(b) of section 17 of the Criminal Justice (Corruption Offences) Act 2018 for the forfeiture of the office of the person as a member of the local authority taking effect under subsection (6) of that section].

(2) When a person ceases to be a member of a local authority under this section he or she also ceases to be a member of any body to which he or she—

(a) was elected, nominated or appointed by a local authority, or

(b) is a member by virtue of being a member of a local authority.

(3) Nothing in subsection (1) or (2) shall be read so as to affect the validity of anything previously done by the person while a member of the local authority or of the body concerned.

(4) A person to whom a disqualification referred to in subsection (1) applies is so disqualified from being or becoming a member of any committee, joint committee or joint body.

Annotations

Amendments:

F24
Substituted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.

F25
Inserted (30.07.2018) by Criminal Justice (Corruption Offences) Act 2018 (9/2018), s. 33, S.I. No. 298 of 2018.

Section 17

Term of office.

17.—(1) In this section—

“incoming members” has the meaning given in subsection (3)(b);

“ordinary day of retirement”, in relation to the outgoing members of a local authority, means the seventh day—

(a) after the polling day at the election of the incoming members of the local authority, or

(b) where the poll for any local electoral area of the local authority or for any polling station at the election of incoming members of the local authority is for any reason countermanded, interrupted or adjourned, after the day on which the poll is completed or the fresh poll is held.

(2) Subject to this Act, the members of a local authority hold office until the next ordinary day of retirement and retire together on that day as provided for by this section.

(3) On the ordinary day of retirement—

(a) each of the outgoing members of the local authority retires, and

(b) each person elected at the election comes into office as a member of the local authority (in this section collectively referred to as the “incoming members”).

(4) The term of office of a member of a local authority continues until the next ordinary day of retirement of members of the local authority, unless such member sooner dies, resigns, becomes disqualified, is removed from office or otherwise ceases to be a member of the local authority.

Annotations

Modifications (not altering text):

C13
Certain references to “ordinary day of retirement” construed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(3), commenced as per s. 28(5).

Elections to local authorities in 2014

28. …

(3) For the purposes of the local elections held in 2014, the definition of “ordinary day of retirement” in section 17(1) of the Principal Act shall be read—

(a) in the case of every local authority (including a local authority that is being dissolved under section 17)—

(i) as if the reference in that definition to the seventh day after the polling day at the election of the incoming members of the local authority were a reference to the 2014 establishment day, and

(ii) as if the reference to the seventh day after the date provided for the purposes of paragraph (b) of that definition were a reference to the 2014 establishment day or the seventh day after the day on which the poll is completed or the fresh poll held, whichever is the later,

and

(b) in the case of a local authority that is being dissolved under section 24, as if that definition referred to the transfer date and to no other day referred to in that definition.

…

Section 18

Resignation from membership.

18.—(1) A member of a local authority may resign from membership by notice in writing signed by him or her and delivered to the principal offices of the local authority.

(2) A person ceases to be a member of the local authority—

(a) on the date specified in the notice as the resignation date, or

(b) where no date is specified, on receipt of the notice,

and accordingly a casual vacancy occurs in the membership of the local authority.

(3) A person who resigns from membership of a local authority under this section also ceases on such resignation to be a member of any body—

(a) to which he or she was elected, nominated or appointed by the local authority, or

(b) of which he or she is a member by virtue of being a member of the local authority.

(4) (a) F26[Subject to subsection (4A), a person] shall be deemed to have resigned from membership of a local authority where the person is absent from attendance at any meeting of the authority for a continuous period of 6 consecutive months (“the relevant period”) from the date (“the relevant date”) of his or her last attendance at a meeting of the authority.

(b) paragraph (a) does not apply where the absence was—

(i) due to illness, or

(ii) in good faith for another reason,

and which, in either case, is accepted by the local authority and approved by resolution under this paragraph before the end of the relevant period, in which case the period shall stand extended to 12 months from the relevant date.

(i) due to illness, or

(ii) in good faith for another reason,

and, in either case, is accepted by the local authority and approved by resolution under this paragraph before the expiry of the relevant period as extended under paragraph (b), then the period shall stand extended to 18 months from the relevant date.

(d) A casual vacancy under this subsection occurs on the next day after—

(i) in the case of paragraph (a), the end of the relevant period,

(ii) in the case of paragraph (b), the end of the relevant period as extended under that paragraph, or

(iii) in the case of paragraph (c), the end of the relevant period as extended to 18 months under that paragraph.

F27[(4A) An absence referred to in subsection (4)(a) does not include an absence occasioned by a member of a local authority taking leave in accordance with the Maternity Protection Act 1994.]

F28[(5) In relation to a local authority, attendance as a member at a meeting of—

(a) any committee or joint committee or joint body of the authority, or

(b) the municipal district members,

shall be deemed for the purposes of subsection (4) to be attendance at a meeting of the authority.]

Annotations

Amendments:

F26
Substituted (21.12.2022) by Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), s. 2(a)(i), commenced on enactment.

F27
Inserted (21.12.2022) by Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), s. 2(a)(ii), commenced on enactment.

F28
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 23, S.I. No. 214 of 2014.

Section 19

Casual vacancies.

19.—(1) A casual vacancy in the membership of a local authority occurs—

(a) where section 16(1) applies,

(b) upon the death or resignation (including deemed resignation by virtue of section 18(4)) of a member of a local authority,

F29[(c) in such circumstances as are set out in articles 25, 28, 124 and 125 of the Local Elections Regulations 1995 (S.I. No. 297 of 1995),]

(d) in such circumstances as may be prescribed by regulations made by the Minister under section 27, or

(e) in such circumstances as are referred to in section 15(1) of the Local Elections (Petitions and Disqualifications) Act, 1974.

(2) It is the duty of the meetings administrator to notify the members of the local authority in writing on becoming aware that a casual vacancy has or may have occurred.

(3) (a) A casual vacancy shall be filled by the co-option by the local authority of a person to fill the vacancy and except where paragraph (c) or (d) or (e) of subsection (1) apply, subject to such person being nominated by the same registered political party who nominated for election or co-option the member who caused the casual vacancy.

(b) Where the person causing the casual vacancy was a non-party candidate at his or her election to the local authority, the vacancy shall be filled by the co-option by the local authority of a person to fill the vacancy (except where paragraph (c) or (d) or (e) of subsection (1) apply) in accordance with such requirements and procedures as may be set out in its standing orders.

(c) A local authority shall in making standing orders consider the inclusion of provisions for the purposes of paragraph (b).

(4) (a) A co-option shall be made, after due notice, at the next meeting of the local authority after the expiration of 14 days from the occurrence of the vacancy or as soon after the expiration of the 14 days as circumstances permit.

(b) In this subsection “due notice” means not less than 3 clear days’ notice given in writing to every member of the local authority.

(5) A person is not to be proposed at a meeting of the local authority for co-option without his or her prior written consent.

(6) A person co-opted to fill a casual vacancy shall be a member of the local authority until the next ordinary day of retirement of members of that local authority unless he or she sooner ceases to be a member.

Annotations

Amendments:

F29
Substituted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.

Section 19A
F30[

Temporary absences

19A.—(1) Subject to subsection (9), a temporary absence in the membership of a local authority occurs where —

(a) either the absence (including a proposed absence) of a member of a local authority—

(i) is not a casual vacancy and is —

(I) due to illness, or

(II) in good faith for another reason,

and which, in either case, is accepted by the local authority and approved by resolution under this paragraph, or

(ii) is occasioned by the member taking leave in accordance with the Maternity Protection Act 1994 ,

and

(b) such member notifies the meetings administrator that he or she wishes to have a temporary substitute F31[to perform the member’s functions during the absence].

(2) It is the duty of the meetings administrator to notify the members of the local authority in writing on becoming aware that a temporary absence has occurred and that a temporary substitute is to be co-opted.

(3) (a) (i) Subject to subparagraph (ii), a temporary absence shall be filled by the co-option by the local authority of a person to fill the absence subject to such person being nominated by the same registered political party who nominated for election or co‑option the member who caused the temporary absence.

(ii) The local authority shall have regard to the preferred choice (if any) of the member causing the temporary absence as to the person who should be the temporary substitute.

(b) (i) Subject to subparagraph (ii), where the member causing the temporary absence was a non-party candidate at his or her election to the local authority, the absence shall be filled by the co-option by the local authority of a person to fill the absence in accordance with such requirements and procedures as may be set out in its standing orders.

(ii) The local authority shall have regard to the preferred choice (if any) of the member causing the temporary absence as to the person who should be the temporary substitute.

(c) A local authority shall in making standing orders consider the inclusion of provisions for the purposes of paragraph (b).

(4) (a) A co-option shall be made, after due notice, at the next meeting of the local authority after the expiration of 14 days from the occurrence of the temporary absence or as soon after the expiration of the 14 days as circumstances permit.

(b) In this subsection, “due notice” means not less than 3 clear days’ notice given in writing to every member of the local authority.

(5) A person is not to be proposed at a meeting of the local authority for co-option without his or her prior written consent.

(6) Subject to subsection (7), a person co-opted to fill a temporary absence shall be a member of the local authority until —

(a) the member causing the temporary absence returns to office, or

(b) the term of office of the member causing the temporary absence expires,

whichever first occurs, unless the temporary substitute, for whatever reason, sooner ceases to be a member.

(7) Where the member causing the temporary absence ceases to be a member of the local authority by virtue of the operation of section 19, thereby causing a casual vacancy to occur, his or her temporary substitute (if any) shall cease to be a member of the local authority in his or her capacity as such substitute immediately upon the occurrence of such casual vacancy.

(8) Where —

(a) the temporary substitute (including any successor temporary substitute arising from the operation of this subsection) of the member causing the temporary absence which gave rise to the temporary substitute ceases to be a member of the local authority by virtue of the operation of section 19, thereby causing a casual vacancy to occur, and

(b) such member causing the temporary absence continues to be a member of the local authority,

the casual vacancy referred to in paragraph (a) shall not be filled in accordance with section 19 but in accordance with this section as if the casual vacancy were a temporary absence of the member referred to in paragraph (b), and the other provisions of this section shall, with all necessary modifications, be construed accordingly.

(9) A member of a local authority who is a temporary substitute may not, in his or her capacity as such substitute, have a temporary substitute notwithstanding that he or she falls within paragraph (a) of subsection (1).

F31[(9A) The member causing the temporary absence shall not perform any functions as a member unless and until he or she returns to office.]

(10) In this section, “temporary substitute”, in relation to a member of a local authority causing a temporary absence, means the person (if any) co-opted under subsection (3)(a) or (b) to fill the absence.]

Annotations

Amendments:

F30
Inserted (21.12.2022) by Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), s. 2(b), commenced on enactment.

F31
Inserted (13.10.2023) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 261(a), (b), commenced on enactment.

Section 20

Savers (Part 3).

20.—F32[(1) The acts, decisions and proceedings of a local authority or of the municipal district members shall not be invalidated only because of a vacancy or vacancies in its membership or of the disqualification or want of qualification of any of its members.]

(2) Subsection (1) is without prejudice to the requirements of paragraph 11 of Schedule 10 in respect of the quorum for a meeting of a local authority.

(3) Any person who immediately before the establishment day is a member of a local authority shall, on and from such day, continue as such member subject to and in accordance with this Act.

(4) A person to whom subsection (3) applies and who is an alderman shall continue to bear that title until the next ordinary day of retirement after the commencement of this provision, or until his or her otherwise ceasing to be a member of the local authority, whichever is the earlier.

Annotations

Amendments:

F32
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 24, S.I. No. 214 of 2014.

Section 21

Number of members of local authorities, etc.

F33[21.—(1) Subject to section 22, each county council, city council and city and county council consists of the number of members specified in Parts 1, 2 and 3, respectively, of Schedule 7 opposite the reference to the county council, city council or city and county council concerned.

(2) Without prejudice to paragraph 11 of Schedule 10, where a provision of this Act provides that at least a specified proportion of the total number of members of a local authority or of the municipal district members is necessary in relation to the doing of any particular act, then in a case where such proportion consists of a whole number and a remainder, the whole number shall of itself be sufficient.]

Annotations

Amendments:

F33
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 15(a), S.I. No. 214 of 2014.

Modifications (not altering text):

C14
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 4, in effect as per reg. 3.

Proportion of the total number of municipal district members necessary in relation to the doing of any particular act

4. The provisions of section 21(3) of the Act shall apply to the proportion of the total number of municipal district members of a local authority necessary in relation to the doing of any particular act, in relation to municipal district members for a municipal district, as if the reference to “the total number of members of a local authority” were a reference to “the total number of municipal district members”.

…

C15
Alternate commencement date for amendments to numbers of local authorities by Local Government Reform Act 2014 (1/2014), s. 15, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(c), commenced as per s. 28(5).

Elections to local authorities in 2014

28. (1) For the purpose of holding in 2014 elections of members of local authorities— …

(c) the numbers of members of local authorities provided for in section 21 of, and Schedule 7 to, the Principal Act shall have effect as amended by section 15,

…

(5) This section has effect upon the passing of this Act.

Editorial Notes:

E99
Previous affecting provision: subs. (1) amended (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment; substituted as per F-note above.

Section 22

Alteration of number of members of local authority.

22.—(1) F34[(a) A county council, a city council or a city and county council may by resolution adopt a proposal (in this section referred to as a “proposal”) for the alteration of the number of members of that council.]

(b) A proposal under paragraph (a) and a public notice under paragraph (d) shall specify the current number of members of the authority and the number by which it is proposed to be altered and whether by way of increase or decrease.

(c) It is necessary for the adoption of a proposal under paragraph (a) that at least one-half of the total number of members of the authority vote in favour of the resolution.

(d) Before adopting a proposal the local authority shall invite submissions on it from the public by way of a public notice and the authority shall consider any submissions received.

(e) Following the adoption of a resolution under this subsection a local authority may make application to the Minister for an alteration in the number of members.

(2) Where an application has been duly made to the Minister under subsection (1), the Minister may by order alter the number of members of the F34[county council, city council or city and county council] concerned, whether or not to the extent proposed.

F34[(3) Before deciding whether to make an order under subsection (2), the Minister shall request a committee in accordance with section 32 of the Local Government Act 1991 to prepare a report with respect to the application and Part V of that Act applies to such a request and report.]

(4) An order under subsection (2) shall not apply to any local elections which occur within 6 months of the making of the order but shall apply to any subsequent local elections.

(5) F35[…]

F34[(6) An application under this section shall not be made to the Minister within 5 years of—

(a) the commencement of section 15 of the Local Government Reform Act 2014 (which inserts a new Schedule 7 to this Act), or

(b) the decision by the Minister on any previous application by the local authority concerned,

whichever is the later.]

Annotations

Amendments:

F34
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 25-27 and 29, S.I. No. 214 of 2014.

F35
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 28, S.I. No. 214 of 2014.

PART 3A

Municipal Districts

Section 22A 22A

Municipal districts

22A.— (1) Subject to subsection (4), every county and city and county set out in Part 1 and Part 3, respectively, of Schedule 5 shall have 2 or more districts (each consisting of one or more than one local electoral area) to be known as a municipal district and collectively as municipal districts, as the Minister shall determine by order made under section 23(1)(c).

(2) Where—

(a) a municipal district contains the administrative area of the former Limerick City Council or the former Waterford City Council that were dissolved with effect from the 2014 establishment day, then, notwithstanding subsection (1), each of those municipal districts so containing shall be known—

(i) in the Irish language, as “Ceantar Cathrach…………..…” followed by the name of the municipal district in Irish, and

(ii) in the English language, as “the Metropolitan District of…………..…” followed by the name of the municipal district in English,

and those municipal districts may each be referred to as a “metropolitan district”,

(b) a municipal district contains the administrative area of the former borough of Clonmel, the former borough of Drogheda, the former borough of Sligo or the former borough of Wexford that were dissolved with effect from the transfer date, then, notwithstanding subsection (1), each of those municipal districts so containing shall be known—

(i) in the Irish language, as “Ceantar Buirge…………..…” followed by the name of the municipal district in Irish, and

(ii) in the English language, as “the Borough District of…………..…” followed by the name of the municipal district in English,

and any such municipal district may be referred to as a “borough district”, and

(c) a municipal district contains the administrative area of the former borough of Kilkenny, that was dissolved with effect from the transfer date, then, notwithstanding subsection (1), the municipal district so containing shall be known—

(i) in the Irish language, as “Ceantar Bardasach Chathair Chill Chainnigh”, and

(ii) in the English language, as “the Municipal District of Kilkenny City”.

(3) In the case of a municipal district in respect of which a designation referred to in subsection (2) does not apply, the municipal district shall be known—

(a) in the Irish language, as “Ceantar Bardasach…………..…” followed by the name of the municipal district in Irish, and

(b) in the English language, as “the Municipal District of…………..…” followed by the name of the municipal district in English.

(4) Subsection (1) does not apply in the case of the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin.

(5) This section has effect in respect of the local elections for the year 2014 and subsequent local elections and, accordingly—

(a) a municipal district shall continue in existence until it ceases by order under section 23(1)(c), and

(b) its area shall continue to be that as determined by the order under section 23(1)(c), subject to any subsequent provision relating to its area being made by such an order.]

Annotations

Amendments:

F36
Inserted (30.01.2014 and 1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 19, S.I. Nos. 38 and 214 of 2014.

Editorial Notes:

E100
Municipal districts for purposes of section prescribed (31.01.2014) by County of Wicklow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 70 of 2014), art. 4.

E101
Municipal districts for purposes of section prescribed (31.01.2014) by County of Wexford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 69 of 2014), art. 4.

E102
Municipal districts for purposes of section prescribed (31.01.2014) by County of Westmeath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 68 of 2014), art. 5.

E103
Municipal districts for purposes of section prescribed (31.01.2014) by City and County of Waterford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 67 of 2014), art. 4.

E104
Municipal districts for purposes of section prescribed (31.01.2014) by County of Tipperary Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 66 of 2014), art 4.

E105
Municipal districts for purposes of section prescribed (31.01.2014) by County of Sligo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 64 of 2014), art. 4.

E106
Municipal districts for purposes of section prescribed (31.01.2014) by County of Roscommon Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 63 of 2014), art. 4.

E107
Municipal districts for purposes of section prescribed (31.01.2014) by County of Offaly Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 62 of 2014), art. 4.

E108
Municipal districts for purposes of section prescribed (31.01.2014) by County of Monaghan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 61 of 2014), art 4.

E109
Municipal districts for purposes of section prescribed (31.01.2014) by County of Meath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 60 of 2014), art. 4.

E110
Municipal districts for purposes of section prescribed (31.01.2014) by County of Mayo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 59 of 2014), art. 4.

E111
Municipal districts for purposes of section prescribed (31.01.2014) by County of Louth Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 58 of 2014), art. 5.

E112
Municipal districts for purposes of section prescribed (31.01.2014) by County of Longford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 57 of 2014), art. 4.

E113
Municipal districts for purposes of section prescribed (31.01.2014) by City and County of Limerick Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 56 of 2014), art. 4.

E114
Municipal districts for purposes of section prescribed (31.01.2014) by County of Leitrim Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 55 of 2014), art. 4.

E115
Municipal districts for purposes of section prescribed (31.01.2014) by County of Laois Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 54 of 2014), art. 4.

E116
Municipal districts for purposes of section prescribed (31.01.2014) by County of Kilkenny Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 53 of 2014), art. 5.

E117
Municipal districts for purposes of section prescribed (31.01.2014) by County of Kildare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 52 of 2013), art. 5.

E118
Municipal districts for purposes of section prescribed (31.01.2014) by County of Kerry Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 51 of 2014), art. 4.

E119
Municipal districts for purposes of section prescribed (31.01.2014) by County of Galway Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 50 of 2014), art. 4.

E120
Municipal districts for purposes of section prescribed (31.01.2014) by County of Donegal Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 44 of 2014), art. 4.

E121
Municipal districts for purposes of section prescribed (31.01.2014) by County of Cork Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 43 of 2014), art. 4.

E122
Municipal districts for purposes of section prescribed (31.01.2014) by County of Clare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 42 of 2014), art. 4.

E123
Municipal districts for purposes of section prescribed (31.01.2014) by County of Cavan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 41 of 2014), art. 4.

E124
Municipal districts for purposes of section prescribed (31.01.2014) by County of Carlow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 40 of 2014), art. 4.

Section 22B
F37[

Members for municipal districts

22B.— The members of a county council or city and county council, elected in accordance with this Act for the local electoral areas situated in a municipal district of the county or the city and county concerned (as the case may be), collectively comprise the council membership for that municipal district for the purpose of the performance in that collective capacity of functions of the county council or city and county council in accordance with section 131A and, in respect of each municipal district, collectively shall be known as the municipal district members.]

Annotations

Amendments:

F37
Inserted (30.01.2014 and 1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 19, S.I. Nos. 38 and 214 of 2014.

Section 22C
F38[

Cathaoirleach of municipal district

22C.— In the case of each municipal district, the municipal district members shall elect a Cathaoirleach and Leas-Chathaoirleach in accordance with Part 5.]

Annotations

Amendments:

F38
Inserted (30.01.2014 and 1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 19, S.I. Nos. 38 and 214 of 2014.

PART 4

Local Elections

Section 23

Local electoral areas.

23.—F39[(1) Subject to and without prejudice to Part V of the Local Government Act 1991 (as amended by the Local Government Act 1994), the Minister may by order—

(a) divide each county, city or city and county referred to in section 10(2) into local electoral areas,

(b) fix the number of members to be elected for each local electoral area, and

(c) determine the municipal districts within a county or a city and county for the purposes of section 22A, each of which shall consist of one or more than one local electoral area.

(1A) Subsection (1)(c) does not apply in respect of the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin.]

(2) The number of members of a local authority to which an order under this section relates to be elected at an election of members of the local authority held after the making of the order for each local electoral area specified in the order shall, without prejudice to any subsequent order, be the number fixed by the order for the local electoral area.

F40[(3) Where, on the commencement of this provision, an order is in force dividing a local government area referred to in section 10(2) into local electoral areas or fixing the number of members for each local electoral area, the order shall continue in force in relation to that area and be deemed to be an order under this section and may be amended or revoked accordingly.]

(4) In respect of F40[any local electoral area in a local government area referred to in section 10(2)], the Minister may by order—

(a) amend, modify, or revoke any division made by an order under this section, including an order under this subsection or an order deemed by subsection (3) to be an order under this section, or

(b) alter the number of members of the local authority to be elected for a local electoral area by virtue of an order under this section, including an order under this subsection or an order deemed by subsection (3) to be an order under this section.

(5) An order under this section shall first have effect for the purpose of the election of members of the local authority held next after the order is made.

(6) F41[…]

(7) F41[…]

(8) F41[…]

Annotations

Amendments:

F39
Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 20(1)(a), S.I. No. 214 of 2014.

F40
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 20(1)(b), (c), S.I. No. 214 of 2014.

F41
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 20(1)(d), S.I. No. 214 of 2014.

Modifications (not altering text):

C16
Alternate commencement date for amendments by Local Government Reform Act 2014 (1/2014), s. 20(1), specified (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(d), commenced as per s. 28(5).

Elections to local authorities in 2014

28. (1) For the purpose of holding in 2014 elections of members of local authorities— …

(d) the amendments by section 20(1) to section 23 of the Principal Act shall have effect,

…

(5) This section has effect upon the passing of this Act.

Editorial Notes:

E125
Power pursuant to section exercised (16.04.2019) by County Of Kerry Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 157 of 2019).

E126
Power pursuant to section exercised (16.04.2019) by County Of Tipperary Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 156 of 2019).

E127
Power pursuant to section exercised (31.01.2019) by County Of Cork Local Electoral Areas And Municipal Districts Order 2019 (S.I. No. 28 of 2019), in effect as per art. 5.

E128
Power pursuant to section exercised (31.01.2019) by City Of Cork Local Electoral Areas Order 2019 (S.I. No. 27 of 2019), in effect as per art. 4.

E129
Power pursuant to section exercised (17.01.2019) by County Of Meath Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 8 of 2019).

E130
Power pursuant to section exercised (17.01.2019) by County Of Wicklow Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 7 of 2019).

E131
Power pursuant to section exercised (17.01.2019) by County Of Louth Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 6 of 2019).

E132
Power pursuant to section exercised (19.12.2018) by County of Wicklow Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 638 of 2018).

E133
Power pursuant to section exercised (19.12.2018) by County of Wexford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 637 of 2018).

E134
Power pursuant to section exercised (19.12.2018) by County of Westmeath Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 636 of 2018).

E135
Power pursuant to section exercised (19.12.2018) by City and County of Waterford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 635 of 2018).

E136
Power pursuant to section exercised (19.12.2018) by County of Tipperary Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 634 of 2018).

E137
Power pursuant to section exercised (19.12.2018) by County of South Dublin Local Electoral Areas Order 2018 (S.I. No. 633 of 2018).

E138
Power pursuant to section exercised (19.12.2018) by County of Sligo Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 632 of 2018).

E139
Power pursuant to section exercised (19.12.2018) by County of Roscommon Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 631 of 2018).

E140
Power pursuant to section exercised (19.12.2018) by County of Offaly Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 630 of 2018).

E141
Power pursuant to section exercised (19.12.2018) by County of Monaghan Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 629 of 2018).

E142
Power pursuant to section exercised (19.12.2018) by County of Meath Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 628 of 2018).

E143
Power pursuant to section exercised (19.12.2018) by County of Mayo Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 627 of 2018).

E144
Power pursuant to section exercised (19.12.2018) by County of Louth Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 626 of 2018).

E145
Power pursuant to section exercised (19.12.2018) by County of Longford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 625 of 2018).

E146
Power pursuant to section exercised (19.12.2018) by City and County of Limerick Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 624 of 2018).

E147
Power pursuant to section exercised (19.12.2018) by County of Leitrim Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 623 of 2018).

E148
Power pursuant to section exercised (19.12.2018) by County of Laois Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 622 of 2018).

E149
Power pursuant to section exercised (19.12.2018) by County of Kilkenny Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 621 of 2018).

E150
Power pursuant to section exercised (19.12.2018) by County of Kildare Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 620 of 2018).

E151
Power pursuant to section exercised (19.12.2018) by County of Kerry Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 619 of 2018).

E152
Power pursuant to section exercised (19.12.2018) by County of Galway Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 618 of 2018).

E153
Power pursuant to section exercised (19.12.2018) by City of Galway Local Electoral Areas Order 2018 (S.I. No. 617 of 2018).

E154
Power pursuant to section exercised (19.12.2018) by County of Fingal Local Electoral Areas Order 2018 (S.I. No. 616 of 2018).

E155
Power pursuant to section exercised (19.12.2018) by County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2018 (S.I. No. 615 of 2018).

E156
Power pursuant to section exercised (19.12.2018) by City of Dublin Local Electoral Areas Order 2018 (S.I. No. 614 of 2018).

E157
Power pursuant to section exercised (19.12.2018) by County of Donegal Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 613 of 2018).

E158
Power pursuant to section exercised (19.12.2018) by County of Clare Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 612 of 2018).

E159
Power pursuant to section exercised (19.12.2018) by County of Cavan Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 611 of 2018).

E160
Power pursuant to section exercised (19.12.2018) by County of Carlow Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 610 of 2018).

E161
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Wicklow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 70 of 2014); revoked (19.12.2018) by County of Wicklow Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 638 of 2018), art. 5.

E162
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Wexford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 69 of 2014); revoked (19.12.2018) by County of Wexford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 637 of 2018), art. 6.

E163
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Westmeath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 68 of 2014); revoked (19.12.2018) by County of Westmeath Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 636 of 2018), art. 5.

E164
Previous affecting provision: power pursuant to section exercised (31.01.2014) by City and County of Waterford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 67 of 2014); revoked (19.12.2018) by City and County of Waterford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 635 of 2018), art. 5.

E165
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Tipperary Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 66 of 2014); revoked (19.12.2018) by County of Tipperary Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 634 of 2018), art. 5.

E166
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of South Dublin Local Electoral Areas Order 2014 (S.I. No. 65 of 2014); revoked (19.12.2018) by County of South Dublin Local Electoral Areas Order 2018 (S.I. No. 633 of 2018), art. 5.

E167
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Sligo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 64 of 2014); revoked (19.12.2018) by County of Sligo Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 632 of 2018), art. 5.

E168
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Roscommon Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 63 of 2014); revoked (19.12.2018) by County of Roscommon Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 631 of 2018), art. 5.

E169
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Offaly Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 62 of 2014); revoked (19.12.2018) by County of Offaly Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 630 of 2018), art. 5.

E170
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Monaghan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 61 of 2014); revoked (19.12.2018) by County of Monaghan Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 629 of 2018), art. 5.

E171
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Meath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 60 of 2014); revoked (19.12.2018) by County of Meath Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 628 of 2018), art. 6.

E172
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Mayo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 59 of 2014); revoked (19.12.2018) by County of Mayo Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 627 of 2018), art. 5.

E173
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Louth Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 58 of 2014); revoked (19.12.2018) by County of Louth Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 626 of 2018), art. 6.

E174
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Longford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 57 of 2014); revoked (19.12.2018) by County of Longford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 625 of 2018), art. 5.

E175
Previous affecting provision: power pursuant to section exercised (31.01.2014) by City and County of Limerick Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 56 of 2014); revoked (19.12.2018) by City and County of Limerick Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 624 of 2018), art. 5.

E176
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Leitrim Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 55 of 2014); revoked (19.12.2018) by County of Leitrim Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 623 of 2018), art. 5.

E177
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Laois Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 54 of 2014); revoked (19.12.2018) by County of Laois Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 622 of 2018), art. 5.

E178
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Kilkenny Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 53 of 2014); revoked (19.12.2018) by County of Kilkenny Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 621 of 2018), art. 5.

E179
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Kildare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 52 of 2013); revoked (19.12.2018) by County of Kildare Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 620 of 2018), art. 6.

E180
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Kerry Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 51 of 2014); revoked 19.12.2018) by County of Kerry Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 619 of 2018), art. 5.

E181
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Galway Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 50 of 2014); revoked (19.12.2018) by County of Galway Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 618 of 2018), art. 5.

E182
Previous affecting provision: power pursuant to section exercised (31.01.2014) by City of Galway Local Electoral Areas Order 2014 (S.I. No. 49 of 2014); revoked (19.12.2018) by City of Galway Local Electoral Areas Order 2018 (S.I. No. 617 of 2018), art. 4.

E183
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Fingal Local Electoral Areas Order 2014 (S.I. No. 47 of 2014); revoked (19.12.2018) by County of Fingal Local Electoral Areas Order 2018 (S.I. No. 616 of 2018), art. 5.

E184
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2014 (S.I. No. 46 of 2014); revoked (19.12.2018) by County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2018 (S.I. No. 615 of 2018), art. 5.

E185
Previous affecting provision: power pursuant to section exercised (31.01.2014) by City of Dublin Local Electoral Areas Order 2014 (S.I. No. 45 of 2014); revoked (19.12.2018) by City of Dublin Local Electoral Areas Order 2018 (S.I. No. 614 of 2018), art. 4.

E186
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Donegal Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 44 of 2014); revoked (19.12.2018) by County of Donegal Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 613 of 2018), art. 5.

E187
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Cork Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 43 of 2014); revoked (31.01.2019) by County Of Cork Local Electoral Areas And Municipal Districts Order 2019 (S.I. No. 28 of 2019), art. 6, in effect as per art. 5.

E188
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Clare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 42 of 2014); revoked (19.12.2018) by County of Clare Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 612 of 2018), art. 5.

E189
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Cavan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 41 of 2014); revoked (19.12.2018) by County of Cavan Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 611 of 2018), art. 5.

E190
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Carlow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 40 of 2014); revoked (19.12.2018) by County of Carlow Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 610 of 2018), art. 5.

PART 5

Cathaoirleach and Leas-Chathaoirleach

Chapter 1

General

Section 31

Cathaoirleach and Leas-Chathaoirleach.

31.—(1) Subject to this Part each local authority F51[and the municipal district members] shall have a chairperson and vice-chairperson who shall be elected and hold office in accordance with this Part and who in this Act are referred to as “Cathaoirleach” and “Leas-Chathaoirleach”, respectively, and shall be so known except where the provisions of section 32 apply.

F52[(2) The holders of the offices of Cathaoirleach and Leas-Chathaoirleach shall as appropriate be styled—

(a) in the case of a county council, in the Irish language “Cathaoirleach Chontae….…” and “Leas-Chathaoirleach Chontae….…” followed by the name of the county in Irish, and in the English language “Cathaoirleach of the County of….…” and “Leas-Chathaoirleach of the County of….…” followed by the name of the county in English,

(b) in the case of a city council, in the Irish language “Cathaoirleach Chathair….…” and “Leas-Chathaoirleach Chathair….…” followed by the name of the city in Irish, and in the English language “Cathaoirleach of the City of….…” and “Leas-Chathaoirleach of the City of….…” followed by the name of the city in English,

(c) in the case of a city and county council, in the Irish language “Cathaoirleach Chathair agus Chontae….…” and “Leas-Chathaoirleach Chathair agus Chontae….…” followed by the name of the city and county in Irish, and in the English language “Cathaoirleach of the City and County of….…” and “Leas-Chathaoirleach of the City and County of….…” followed by the name of the city and county in English,

(d) in the case of a municipal district whose area contains the area of a city council dissolved by the Local Government Reform Act 2014, in the Irish language “Cathaoirleach Cheantar Cathrach….…” and “Leas-Chathaoirleach Cheantar Cathrach….…” followed by the name of the municipal district in Irish, and in the English language “Cathaoirleach of the Metropolitan District of….…” and “Leas-Chathaoirleach of the Metropolitan District of….…” followed by the name of the municipal district in English,

(e) in the case of a municipal district whose area contains the area of a borough council in being (other than in respect of the borough of Kilkenny) immediately before the transfer date as provided for by the Local Government Reform Act 2014, in the Irish language “Cathaoirleach Cheantar Buirge….…” and “Leas-Chathaoirleach Cheantar Buirge….…” followed by the name of the municipal district in Irish, and in the English language “Cathaoirleach of the Borough District of….…” and “Leas-Chathaoirleach of the Borough District of….…” followed by the name of the municipal district in English,

(f) in the case of a municipal district whose area contains the area of the borough of Kilkenny in being immediately before the transfer date as provided for by the Local Government Reform Act 2014, in the Irish language “Cathaoirleach Cheantar Bardasach Chathair Chill Chainnigh” and “Leas-Chathaoirleach Cheantar Bardasach Chathair Chill Chainnigh” and in the English language “Cathaoirleach of the Municipal District of Kilkenny City” and “Leas-Chathaoirleach of the Municipal District of Kilkenny City”,

(g) in the case of a municipal district to which paragraph (d), (e) or (f) does not apply, in the Irish language “Cathaoirleach Cheantar Bardasach….…” and “Leas-Chathaoirleach Cheantar Bardasach….…” followed by the name of the municipal district in Irish, and in the English language “Cathaoirleach of the Municipal District of….…” and “Leas-Chathaoirleach of the Municipal District of….…” followed by the name of the municipal district in English.]

(3) Any reference in any other enactment to the lord mayor, mayor, chairman, deputy lord mayor, deputy mayor or vice-chairman or cognate words shall, where the context so requires, be read as a reference to the Cathaoirleach or Leas-Chathaoirleach or other title standing for the time being by virtue of section 32, as the case may be.

F52[(4)(a) The Cathaoirleach of a local authority shall take precedence at all meetings of the local authority.

(b) The Cathaoirleach of a municipal district shall take precedence at all meetings and proceedings of the municipal district members.

(5) Anything authorised or required by this Act or otherwise by law to be done by, to or with the Cathaoirleach may where necessary be done by, to or with the Leas-Chathaoirleach of the local authority or the Leas-Chathaoirleach of the municipal district, as the case may be.

(6) The Cathaoirleach may, where the Leas-Chathaoirleach is unavailable, nominate from among the other members of the local authority or the municipal district members, as the case may be, a member for the purpose of representing the Cathaoirleach at any ceremony or event in that capacity and that member shall be entitled to act in that capacity for such purpose.

(7) Where a casual vacancy occurs in the office of Cathaoirleach of a local authority or of a municipal district, as the case may be, the Leas-Chathaoirleach shall assume the responsibilities of the office pending the election in accordance with this Part of a Cathaoirleach.]

(8) A person holding the office of Cathaoirleach or Leas-Chathaoirleach on the commencement of this provision shall continue to hold that office in accordance with this Part.

(9) Subject to this Act, an outgoing Cathaoirleach or Leas-Chathaoirleach shall be eligible for re-election.

(10) F53[…]

(11) Section 34 shall apply to a Cathaoirleach or Leas-Chathaoirleach elected in 2004 in accordance with F53[…] this Part and thereafter.

Annotations

Amendments:

F51
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 42, S.I. No. 214 of 2014.

F52
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 43-44, S.I. No. 214 of 2014.

F53
Deleted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.

Modifications (not altering text):

C18
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 7(1), in effect as per reg. 3.

Other matter relating to the Cathaoirleach and Leas-Chathaoirleach.

7. (1) The provisions of subsections (4) to (7), (9) and (11) of section 31 of the Act shall apply to the Cathaoirleach and Leas-Chathaoirleach of a municipal district:—

(a) as if, in subsection (4), the references to “local authority” and “elected council” were a reference to “municipal district members”,

(b) as if, in subsections (5) and (6), the references to “local authority” were references to “municipal district members”, and

…

Section 32

Alternative titles to Cathaoirleach and Leas-Chathaoirleach, etc.

F54[32.—(1) Where prior to the commencement of section 31—

(a) Cork City Council or Dublin City Council used the title “Lord Mayor” or “Deputy Lord Mayor”, or

(b) Galway City Council used the title “Mayor” or “Deputy Mayor”,

to describe its office of Cathaoirleach or Leas-Chathaoirleach as the case may be, it shall continue to so use such title or titles notwithstanding the provisions of section 31.

(1A) Where—

(a) immediately before the 2014 establishment day (provided for in Part 2 of the Local Government Reform Act 2014) Limerick City Council or Waterford City Council used the title “Mayor” or “Deputy Mayor”, to describe its office of Cathaoirleach or Leas- Chathaoirleach, as the case may be, then, if a municipal district containing the area of the former city council is determined by order under section 23(1)(c), the municipal district members (being the municipal district members for a metropolitan district by virtue of section 22A(2)(a)) may use such title or titles notwithstanding the provisions of section 31 (as amended by that Act),

(b) immediately before the transfer date (provided for in Chapter 2 of Part 3 of the Local Government Reform Act 2014) a borough council referred to in Chapter 1 of Part 1 of Schedule 6 used the title “Mayor” or “Deputy Mayor”, to describe its office of Cathaoirleach or Leas-Chathaoirleach, as the case may be, then, if a municipal district containing the area of the former borough council is determined by order under section 23(1)(c), the municipal district members (being the municipal district members for a borough district by virtue of section 22A(2)(b) or for the municipal district of Kilkenny City by virtue of section 22A(2) (c)) may use such title or titles notwithstanding the provisions of section 31 (as amended by that Act), and

(c) a municipal district contains the area of a town (including all the environs of the town for the purposes of the census of population concerned) the population of which, when rounded to the nearest 1,000 as shown in the latest census report of the Central Statistics Office, is equal to or greater than 20,000, then the municipal district members for such district may decide by resolution to use the title “Mayor” or “Deputy Mayor”, to describe its office of Cathaoirleach or Leas-Chathaoirleach notwithstanding the provisions of section 31 (as amended by the Local Government Reform Act 2014).

(2) A local authority or the municipal district members, to which subsection (1) or (1A) (respectively) relates, may by resolution give the title Cathaoirleach or Leas-Chathaoirleach to the Lord Mayor or Deputy Lord Mayor, Mayor or Deputy Mayor, as the case may be, and in that case shall be styled in accordance with section 31.

(3) Where titles are continued in accordance with subsection (1) or (1A), the holders of the offices concerned shall, as appropriate, be styled—

(a) in the case of Cork City Council, in the Irish language “Ard-Mhéara Chathair Chorcaí” and “Leas-Ardmhéara Chathair Chorcaí”, and in the English language “Lord Mayor of the City of Cork” and “Deputy Lord Mayor of the City of Cork”,

(b) in the case of Dublin City Council, in the Irish language “Ard- Mhéara Chathair Bhaile Átha Cliath” and “Leas-Ardmhéara Chathair Bhaile Átha Cliath”, and in the English language “Lord Mayor of the City of Dublin” and “Deputy Lord Mayor of the City of Dublin”,

(c) in the case of Galway City Council, in the Irish language “Méara Chathair na Gaillimhe” and “Leas-Mhéara Chathair na Gaillimhe”, and in the English language “Mayor of the City of Galway” and “Deputy Mayor of the City of Galway”,

(d) in the case of a municipal district to which subsection (1A) relates, in the Irish language “Méara….…” and “Leas-Mhéara….…” followed by the name of the municipal district in Irish, and in the English language “Mayor of….…” and “Deputy Mayor of…..… ” followed by the name of the municipal district in English in accordance with subsections (2) and (3) of section 22A.

(4) Notwithstanding section 31 a local authority which is a city and county council may, subject to Schedule 8, give an alternative title to its Cathaoirleach or Leas-Chathaoirleach or revert to the title or titles of Cathaoirleach or Leas-Chathaoirleach as the case may be.]

Annotations

Amendments:

F54
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 37(1), S.I. No. 214 of 2014.

Section 33

Resignation of Cathaoirleach or Leas-Chathaoirleach.

33.—F55[(1) The Cathaoirleach or Leas-Chathaoirleach may resign from that office by notice in writing signed by him or her and delivered to the principal offices of the local authority which, in the case of a municipal district, is the principal offices of the local authority concerned.]

(2) The vacancy caused by a resignation under subsection (1) shall occur on the date specified in the notice as the resignation date or, where no such date is specified, on receipt of such notice.

Annotations

Amendments:

F55
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 45, S.I. No. 214 of 2014.

Section 34

Removal of Cathaoirleach or Leas-Chathaoirleach from office.

34.—F56[(1) Subject to this section, a local authority may by resolution remove from office the Cathaoirleach or Leas-Chathaoirleach of such local authority for stated misbehaviour or if his or her removal appears to it to be necessary for the effective performance by the local authority of its functions and such removal may also be for those reasons arising from the performance of his or her duties as chair of the corporate policy group.

(1A) Subject to this section, a local authority may by resolution remove from office the chairperson of any strategic policy committee of such local authority for stated misbehaviour or if his or her removal appears to them to be necessary for the effective performance by the local authority of its functions or by the committee of its functions.]

(2) Notice of the intention to propose a resolution under this section (in this section referred to as a “notice”) shall—

(a) be signed by at least one-third of the total number of members of the local authority concerned,

(b) contain a statement of the reasons for the proposed removal,

(c) specify a day for the holding of a special meeting to consider the proposed removal, being a day which is not less than 21 days after the day on which the notice is delivered under paragraph (d),

(d) be delivered to the meetings administrator, and

F57[(e) be delivered or sent to the Cathaoirleach, Leas-Chathaoirleach or chairperson of the strategic policy committee concerned.]

(3) The meetings administrator shall on receipt of a notice and without delay send a copy of it to every member of the local authority and convene a special meeting for the date so specified to consider the proposed removal.

(4) (a) Such special meeting shall be chaired by a member of the local authority, other than the person the subject of the notice, chosen by the members present at the meeting.

(b) The person the subject of the notice shall at such meeting be afforded an opportunity to make a statement of response in relation to the proposed removal.

F57[(5) It is necessary for the passing of a resolution under this section that the number of members of the local authority concerned voting in favour of the resolution is at least two-thirds of those present and voting.]

Annotations

Amendments:

F56
Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 38(a), S.I. No. 214 of 2014.

F57
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 38(b), (c), S.I. No. 214 of 2014.

Modifications (not altering text):

C19
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 5, in effect as per reg. 3.

Removal of Cathaoirleach or Leas-Chathaoirleach from office.

5. The provisions of section 34 of the Act shall apply to the removal from office of a Cathaoirleach and Leas-Chathaoirleach of municipal district members as if:—

(a) in subsection (1), the references:—

(i) to “a local authority” and “such local authority” were a reference to “municipal district members”, and

(ii) to “the effective performance by the local authority of its functions” were a reference to “the effective performance by the municipal district members of their functions”,

(b) in subsection (2)(a), the reference to “the total number of members of the local authority concerned” were a reference to “the total number of municipal district members concerned”,

(c) in subsection (3), the reference to “every member of the local authority” were a reference to “every municipal district member”,

(d) in subsection (4), the reference to “chaired by a member of the local authority” were a reference to “chaired by a municipal district member”, and

(e) in subsection (5), the reference to “the total number of members of the local authority concerned” were a reference to “the total number of municipal district members concerned”.

Editorial Notes:

E194
Power pursuant to section exercised (1.01.2004) by Athlone Town Boundary Alteration (Supplementary) Order 2003 (S.I. No. 705 of 2003).

Chapter 2

Election by Local Authority

Section 35
Application of Chapter 2.

35.—F58[…]

Annotations

Amendments:

F58
Repealed (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(a), commenced on enactment.

Section 35A 35A
F59[

Application of Chapter to municipal district members.

35A.— This Chapter applies to municipal district members as if every reference in the other provisions of this Chapter to a local authority or to a member of a local authority were, respectively, a reference to the municipal district members or to a member of a municipal district.]

Annotations

Amendments:

F59
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 39, S.I. No. 214 of 2014.

Section 36

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

36.—(1) (a) Subject to paragraph (c), a local authority shall elect a Cathaoirleach and Leas-Chathaoirleach from amongst its members at every annual meeting.

(b) The election of a Cathaoirleach shall be carried out in accordance with section 37.

(c) A member of a local authority who is a member of Dáil Éireann or Seanad Éireann shall be disqualified from being elected or from being a Cathaoirleach or Leas-Chathaoirleach of a local authority.

F60[(d) On the commencement of section 2 of the Local Government (No. 2) Act 2003, paragraph (c) shall cease to apply and have effect.]

(2) (a) Subject to subsection (3), a member who holds the office of Cathaoirleach or Leas-Chathaoirleach shall hold that office (unless he or she becomes disqualified under subsection (1)(c), resigns under section 33 or is removed from office under section 34) from election until a successor is elected at the next annual meeting of the local authority after that member’s election to that office.

(b) In a year in which local elections are to be held under section 26 and notwithstanding subsection (3), subsection (4) shall apply in respect of a Cathaoirleach.

(3) Except as is provided for in subsection (4), the Cathaoirleach or Leas-Chathaoirleach of a local authority shall, upon ceasing to be a member of the authority, cease to be Cathaoirleach or Leas-Chathaoirleach of that authority.

(4) Following a local election the Cathaoirleach shall continue to hold office for the period between the retirement of the outgoing members and the commencement of the annual meeting at which the successor is elected unless he or she sooner dies or resigns from the office or becomes disqualified for local authority membership.

Annotations

Amendments:

F60
Inserted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.

Modifications (not altering text):

C20
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 6(1), in effect as per reg. 3.

Annual election of Cathaoirleach or Leas-Chathaoirleach.

6. (1) The provisions of section 36 of the Act shall apply to the annual election of a Cathaoirleach and Leas-Chathaoirleach of municipal district members:—

(a) as if, in subsection (1)(a):—

(i) the reference to “a local authority” were a reference to “municipal district members”, and

(ii) the reference to “its members” were a reference to “their members”,

(b) as if, in subsection (2), the reference to “the local authority” were a reference to “the municipal district members”,

(i) the reference to “a local authority” were a reference to “municipal district members”,

(ii) the reference to “ceasing to be a member of the authority” were a reference to “ceasing to be a municipal district member for the municipal district concerned”, and

(iii) the reference to “that authority” were a reference to “of those municipal district members”.

Section 37

Method of election of Cathaoirleach by local authority.

37.—Subject to paragraph 4 of Schedule 10, the following provisions shall apply and have effect in respect of the election of a Cathaoirleach by the members of a local authority:

(a) one or more than one member may be proposed and seconded for nomination and every person so proposed and seconded who does not reject the nomination shall be a candidate and no other person shall be a candidate otherwise than in accordance with this provision;

(b) where there is only one candidate, such candidate shall be elected;

(d) if at such poll a majority of the members present vote for any particular candidate, such candidate shall be elected;

(e) if at such poll no candidate receives the votes of a majority of the members present, the candidate receiving the least number of votes shall be excluded from the election, and, subject to paragraph (g), one or more further polls (according as may be necessary) shall be taken;

(f) paragraphs (d) and (e) shall apply in relation to such further poll or polls;

(g) where there are only 2 candidates or where, as a result of one or more polls all the candidates except 2 have been excluded, the question as to which of such candidates shall be elected shall be put to the members present and whichever of such candidates receives the majority of votes cast shall be elected;

(h) if from an equality of votes given to 2 or more candidates any question arises as to which of such candidates is to be excluded or as to which of such candidates is to be elected, such question shall be decided by lot in accordance with paragraph (i);

(i) in deciding any such question by lot, the names of the candidates concerned shall be written on similar slips of paper, the slips shall be folded so as to prevent identification and mixed and drawn at random, and the candidate whose name is first drawn shall be—

(I) the candidate who shall be excluded, where the question concerns an exclusion, or

(II) the candidate who shall be elected, where the question concerns an election.

Annotations

Modifications (not altering text):

C21
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 6(2), in effect as per reg. 3.

Annual election of Cathaoirleach or Leas-Chathaoirleach.

6. …

(2) The provisions of section 37 of the Act shall apply to the method of election of a Cathaoirleach as if the reference to “the members of a local authority” were a reference to “municipal district members”.

Section 38

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

38.—(1) Where a casual vacancy occurs in the office of Cathaoirleach or Leas-Chathaoirleach of a local authority the members of the authority—

(a) present at the next meeting of the authority after the occurrence of the vacancy, or

(b) if that meeting is held within 14 days of the occurrence of the vacancy, present at the next following meeting of the authority,

shall elect one of their number to be Cathaoirleach or Leas-Chathaoirleach, as the case may be.

(2) Section 37 shall apply in relation to the election of a member to fill a casual vacancy in the office of Cathaoirleach.

(3) A person elected to fill a casual vacancy in the office of Cathaoirleach or Leas-Chathaoirleach shall be elected for the remainder of the term of office of his or her predecessor.

(4) Not less than 3 clear days’ notice shall be given to each member of the local authority of a meeting to fill a casual vacancy under this section.

Annotations

Modifications (not altering text):

C22
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 7(2) and (3), in effect as per reg. 3.

Other matter relating to the Cathaoirleach and Leas-Chathaoirleach.

7. …

(2) The provisions of section 38 of the Act shall apply to the election of a Cathaoirleach and Leas-Chathaoirleach of a municipal district where a casual vacancy has occurred in such office as if:—

(a) the reference in subsection (1) to “a local authority the members of the authority” were a reference to “municipal district members, the members”,

(b) the references in paragraphs (a) and (b) of subsection (1) to “the authority” were references to “municipal district members”, and

(3) The provisions of section 38 of the Act shall apply in relation to the election of a municipal district member to fill a casual vacancy in the office of Cathaoirleach as if the reference to “local authority” were a reference to “municipal district members”.

Chapter 3

Direct Election

Section 39
Application of Chapter 3.

39.—F61[…]

Annotations

Amendments:

F61
Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment.

Section 40
Direct election and tenure of Cathaoirleach of county council and city council.

40.—F62[…]

Annotations

Amendments:

F62
Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment.

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

41.—F63[…]

Annotations

Amendments:

F63
Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment.

Section 42
Amendments to certain Acts, relating to direct elections, etc.

42.—F64[…]

Annotations

Amendments:

F64
Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment.

Section 43
Election petitions in relation to direct elections.

43.—F65[…]

Annotations

Amendments:

F65
Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment.

PART 14

The Local Government Service

Chapter 1

The Elected Council

Section 130

Policy role of elected council.

130.—It is a function of the elected council of a local authority to determine by resolution the policy of the local authority subject to and in accordance with this Act and the other enactments relating to that authority.

Section 131

Reserved functions.

131.—(1)(a) F184[Subject to section 131A, the elected council of a local authority or the members of a joint body shall] directly exercise and perform by resolution at a meeting of the local authority or body every function to which this section applies.

(b) The functions referred to in paragraph (a) shall be known as reserved functions of a local authority or of a joint body, as the case may be, and in this Act are referred to as “reserved functions”.

(2) This section applies to every function—

F184[(a) designated as a reserved function by any provision of the Local Government Acts 1925 to 2014 (including a designation by order under subsection (3)), a provision of any other Act that is to be construed together with those Acts, or as specified in Schedule 14 or, subject to section 131B(1), Schedule 14A,]

(b) designated as a reserved function by any provision of any other enactment relating to a local authority or joint body;

(c) expressly made exercisable by resolution under this Act or under any other enactment relating to a local authority or joint body which was enacted after the 13th day of June, 1940.

(3)(a) The Minister may by order designate a specified function of local authorities or joint bodies to be a reserved function and for so long as an order is in force the function is a reserved function.

(b) Any order made under subsection (2) of section 41 of the Local Government Act, 1991, or continued in force by subsection (5) of that section shall continue in force as if made under this subsection and may be amended or revoked accordingly.

F185[(c) An order under paragraph (a) may provide that a specified function designated by such order to be a reserved function may be performed, or shall be performed, as provided in the order, in respect of each municipal district in the county or the city and county, as the case may be, by the municipal district members concerned, subject to the provisions of subsections (4) to (6) of section 131A.]

(4) Any reference to a reserved function in respect of a local authority or joint body in any enactment enacted before the commencement of this provision or to a function exercisable by resolution to which subsection (2)(c) applies shall be read as a reference to a reserved function for the purposes of this Act.

(5) For the purposes of this section “function” does not include a function relating to the employees of a local authority or joint body or the direction, supervision, service, remuneration or discipline of such employees or any of them, other than a function referred to in section 145(1).

Annotations

Amendments:

F184
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(2)(a), (b), S.I. No. 214 of 2014.

F185
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(2)(c), S.I. No. 214 of 2014.

Section 131A
F186[

Performance of reserved functions in respect of municipal district members

131A.—(1) Subject to subsection (4), in respect of the elected council of a local authority that is the council of a county (other than the council of a county to which section 22A(4) relates) or of a city and county, a reserved function which is specified in—

(a) paragraphs 1 and 3 (other than in respect of a joint body) of Schedule 14 and Part 1 of Schedule 14A shall be performed in respect of each municipal district within the administrative area of the local authority by the municipal district members concerned, and

(b) paragraphs 5, 6 or 7 of Schedule 14 and Part 2 of Schedule 14A, may be performed in respect of a municipal district within the administrative area of the local authority by—

(i) the municipal district members, or

(ii) the local authority.

(2)(a) In addition to the functions referred to in subsection (1), a local authority that is the council of a county or a city and county may, subject to paragraph (e), by resolution delegate with or without restrictions to the municipal district members for any municipal district in the area of the local authority any of its functions that may be performed by resolution and a function so delegated shall, accordingly, be performed in respect of each such municipal district in the administrative area of the local authority (or any part of such district) by the municipal district members concerned.

(b) A local authority may, following consultation with the municipal district members concerned, by resolution, revoke the delegation by it under this subsection of a function, but the revocation is without prejudice to anything previously done by virtue of the delegated function.

(i) by a committee established under section 51, and

(ii) by municipal district members under this subsection.

(d) A resolution of a local authority delegating or revoking the delegation of a function to municipal district members shall not be treated as having been passed unless at least a half of the total number of members of the local authority concerned vote in favour of the resolution.

(e) A local authority shall not delegate any of its functions to which subparagraphs (i) to (iv) of section 51(2)(a) relates to the municipal district members.

(3) The functions, by virtue of subsection (2)(a), of municipal district members shall not be delegated by the municipal district members.

(4) Municipal district members may by resolution decide, subject to the approval by resolution of the local authority and the approval of the Minister, that a particular function to which subsection (1) relates should be performed only by the local authority.

(5)(a) The Minister may make regulations specifying conditions, restrictions, procedures or other provisions to apply—

(i) generally in relation to the performance of functions to which subsections (1) and (2) relate,

(ii) specifically in relation to performance of one or more than one function to which any of those sections relate,

(iii) in relation to the delegation of functions or the revocation of a delegation of functions under subsection (2), or

(iv) in relation to a decision under subsection (4).

(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may provide for any of the following:

(i) requirements for the purpose of ensuring that municipal district members performing functions do so in a manner consistent with the policies, strategies, programmes or plans of the local authority concerned;

(ii) requirements for the purpose of ensuring the avoidance of unnecessary duplication in the performance of functions between the municipal district members for each of the municipal districts in a local authority area or between the municipal district members and the local authority for that area;

(iii) that specified functions may not be delegated under subsection (2), or may only be delegated with the approval of the Minister;

(iv) that, in circumstances provided for in the regulations, a local authority may perform a specified delegated function in place of the municipal district members in a particular case or occasion;

(v) arrangements for the resolution of any difference or disagreement between a local authority and the municipal district members in relation to the performance of a function which is specified in paragraphs 5, 6 or 7 of Schedule 14 or Part 2 of Schedule 14A;

(vi) that a particular function set out in paragraphs 5, 6 or 7 of Schedule 14 or Part 1 or 2 of Schedule 14A shall only be performable in every instance by the local authority concerned;

(vii) provisions to determine whether a function specified in paragraphs 5, 6 or 7 of Schedule 14 and Part 2 of Schedule 14A should, in particular circumstances be performed by municipal district members or by the local authority.

(6) The Minister may issue general policy guidelines to local authorities for the purposes of any provision of this section (including any regulations made under it) and each local authority shall comply with any such guidelines.]

Annotations

Amendments:

F186
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(3), S.I. No. 214 of 2014.

Editorial Notes:

E252
Power pursuant to subs. (5) exercised (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014), in effect as per reg. 2.

Section 131B
F187[

Supplemental provisions to section 131 and 131A

131B.— (1) For the purposes of sections 131 and 131A, and for convenience of reference only, there is set out in column (3) of Parts 1, 2 and 3 of Schedule 14A the provisions of enactments under which reserved functions are conferred.

(2) The validity of any function conferred on a local authority by law is not affected by the fact that it is not specified in Schedule 14 or 14A.]

Annotations

Amendments:

F187
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(3), S.I. No. 214 of 2014.

Section 132

Reserved functions: duty of manager.

F188[132.—(1) It is the duty of every chief executive to carry into effect all lawful directions of the elected council of a local authority or a joint body for which he or she is chief executive in relation to the exercise and performance of the reserved functions of the local authority or joint body.

(2)(a) Where in relation to the exercise or performance of a reserved function a legal opinion was obtained by a local authority or joint body, the elected council or joint body may, without prejudice to section 153, by resolution direct that a second such opinion be obtained by the authority in the terms specified in such resolution.

(b) Nothing in this subsection shall prejudice a local authority or joint body in carrying out any function which the authority or body is required by or under statute or by order of a court to duly carry out.

(3) It is the duty of every chief executive to advise and assist the elected council of a local authority or a joint body for which he or she is chief executive and to assist the corporate policy group, each strategic policy committee and local community development committee within the administrative area of which he or she is chief executive—

(a) generally as regards the exercise or performance by—

(i) the council of the local authority or joint body, of its reserved functions, and

(ii) by the strategic policy committee or local community development committee, of its functions in relation to the reserved function of the local authority or joint body,

and

(b) as regards any particular matter or thing in relation to such exercise or performance on or in respect of which the council of a local authority, joint body, corporate policy group, strategic policy committee or local community development committee requests the advice or assistance of the chief executive,

and each shall have regard to that advice or assistance.

(4) In subsections (1) to (3) a reference to the elected council of a local authority includes a reference to the municipal district members when duly exercising a reserved function.

(5) For the purposes of superintendence and oversight by the elected council in the discharge of functions conferred on the elected council by law, the chief executive shall, when requested by the elected council, report on the actions already taken and planned to be taken to carry out the directions of the elected council of a local authority or a joint body for which he or she is chief executive in relation to the exercise and performance of the reserved functions of the local authority or joint body.

(6) Following consideration of a report referred to in subsection (5) or a management report as provided for in section 136(2), the elected council may, by resolution, adopt a statement indicating that it is the opinion of the elected council that the actions already taken or planned to be taken by the chief executive to carry out the directions of the elected council in relation to the exercise and performance of the reserved functions of the local authority or joint body are not sufficient for such purpose, or are not sufficient to ensure the efficient discharge of such function, and such resolution shall state the reasons for such opinion.

(7) Within 14 days of the adoption of a statement pursuant to subsection (6), the chief executive shall provide to the elected council a response indicating the changes, if any, to the actions or intended actions he or she will put in place, and where the chief executive considers it so warranted, may indicate where in his or her opinion the policy of the council requires review and amendment.

(8) The chief executive shall, when requested by the elected council, whether consequent on the council’s consideration of the chief executive’s response for the purposes of subsection (7) or otherwise, advise on the review of any policy, or a review of the implementation of any policy, of the local authority (being a policy approved as a reserved function) by the local authority or joint body.]

Annotations

Amendments:

F188
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 47, S.I. No. 214 of 2014.

Section 133

Corporate policy group.

133.—F189[(1) The elected council of each local authority shall form a committee, to be known as the corporate policy group and in this section referred to as the “policy group”, consisting of—

(a) the Cathaoirleach of the local authority who shall chair the policy group,

(b) the chairpersons of the strategic policy committees of the local authority, and

(c) where for any period of time, a policy group does not contain a member from a municipal district to whom paragraph (a) or (b) relates, a municipal district member for each municipal district concerned—

(i) selected by the municipal district members for such district, or

(ii) failing such selection, the Cathaoirleach of the municipal district concerned or such other member as the Cathaoirleach may select.]

(2)(a) The policy group may advise and assist the elected council in the formulation, development, monitoring and review of policy for the local authority and for that purpose propose arrangements for the consideration of policy matters and the organisation of related business by the elected council.

(b) The policy group may make proposals for the allocation of business as between strategic policy committees and for the general co-ordination of such business.

F190[(ba) Without prejudice to paragraph (a) and with respect to the policies of and functions performed by the local authority, the policy group may promote co-ordination, consistency, effectiveness and avoidance of duplication in the performance of functions of the local authority by municipal district members.]

(c) Nothing in this subsection prevents the submission of a report by a strategic policy committee directly to the elected council.

(3) The F191[chief executive] shall prepare the corporate plan for the local authority in consultation with the policy group in accordance with section 134.

(4)(a) The F191[chief executive] shall consult the policy group in the preparation of the local authority’s draft budget and the policy group may for that purpose avail of the assistance of not more than 3 additional persons, who are not members of the authority.

(b) The additional persons referred to in paragraph (a) shall be persons who in the opinion of the policy group have financial, organisational or other knowledge or experience likely to be of special relevance to the policy group’s consideration of the authority’s draft budget.

(5)(a) The policy group may request the F191[chief executive] to provide a report to the policy group on any matter or thing related to a function of the local authority and specified by the policy group and, subject to paragraph (b), the F191[chief executive] shall provide such report.

(b) A F191[chief executive] shall provide such a report in so far as compliance with such request would not—

(i) duplicate a similar request by the elected council or a direction under section 138(2), or

(ii) be contrary to law.

(6)(a) Where the policy group requests a report under subsection (5), the Cathaoirleach may at the time of such request by direction in writing signed and dated by him or her and given to the F191[chief executive] require the F191[chief executive] to refrain from doing any particular act, matter or thing related to the subject matter of the report and specifically mentioned in the direction and which the local authority or F191[chief executive] concerned can lawfully refrain from doing.

(b) Subject to paragraph (c), a direction under paragraph (a) shall continue to have effect, unless withdrawn, until the next meeting of the local authority and may be extended by resolution at that meeting and where not so extended ceases to have effect.

(c) A direction under paragraph (a) (whether extended under paragraph (b) or not) shall not in any case have effect for longer than 3 months and shall cease to have effect on the expiration of 3 months after the date on which it is given, unless it is earlier withdrawn or has ceased to have effect under paragraph (b).

(d) Where a direction ceases to have effect a similar direction or a direction of substantially like effect in relation to the act, matter or thing in question may not be given.

(e) The F191[chief executive] shall comply with a direction duly and lawfully given under this subsection.

(7) Nothing in this section shall prejudice a local authority in carrying out at any time any function which a local authority or F191[chief executive] is required by or under statute or by order of a court to carry out and any direction claiming to be given under subsection (6) which contravenes this subsection is invalid.

(8) Nothing in this section prejudices or derogates from the functions conferred on an elected council by this or any other enactment.

(9) Nothing in this section prevents the F191[chief executive] from dealing immediately with any situation which he or she considers is an emergency situation calling for immediate action and section 138(5) applies for the purposes of this subsection.

F192[(10)(a) The Minister may issue policy guidelines to local authorities for the purposes of any provision of this section and such guidelines may include—

(i) procedures to be followed in respect of the manner and nature of the involvement of municipal district members with the policy group;

(ii) the format, content and layout of any particular class or classes of policy papers and other documents (including the preparation of preliminary documents) prepared by or presented to the policy group;

(iii) procedures to ensure that sufficient time for input by the policy group into policy papers is provided prior to completion and subsequent presentation to the local authority concerned.

(b) Guidelines issued under this section may relate generally to all local authorities or to a particular class or classes of local authorities and shall, in so far as the guidelines relate to them, be complied with by every local authority, chief executive, policy group and the municipal district members.]

Annotations

Amendments:

F189
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 48(a), S.I. No. 214 of 2014.

F190
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 48(b), S.I. No. 214 of 2014.

F191
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 80-87, S.I. No. 214 of 2014.

F192
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 48(c), S.I. No. 214 of 2014.

Section 134

Corporate plan.

134.—(1) In this section, except where the context otherwise requires—

F193[…]

“specified period” means a period not longer than 6 months from—

(a) in a local election year, the date of the annual meeting,

(b) in the case of a review, the date of a resolution or the date of a request under subsection (8).

(2) Within the specified period and in accordance with this section, every local authority shall prepare a statement of strategy for the local authority (in this section referred to as a “corporate plan”).

(3) The F194[chief executive] shall—

(a) prepare the corporate plan in consultation with the policy group,

(b) fix a schedule of meetings for that purpose, and

(c) provide such assistance (including assistance by way of consultancy or otherwise) as may be practicable to assist in the preparation of the corporate plan and in its consideration by the policy group.

(4)(a) It is the responsibility and the duty of the policy group and of the F194[chief executive] to take all such steps as are necessary to ensure that the corporate plan is submitted to the elected council for approval within the specified period.

(b) Where the corporate plan is not submitted in accordance with paragraph (a)—

(i) the Cathaoirleach shall convene a special meeting within 14 days of the expiration of such period, and

(ii) the Cathaoirleach and the F194[chief executive] shall make a joint submission to the elected council at the special meeting outlining the steps to be taken to ensure its completion and when it is proposed to submit the corporate plan to the elected council.

(5)(a) The elected council shall consider the corporate plan submitted in accordance with subsection (4) and may make such amendments as it considers appropriate and shall approve it with or without amendments.

(b) Where the corporate plan is not approved in accordance with paragraph (a) within the period of 2 months from the date of its submission to the elected council, it shall be deemed to be approved on the expiration of that period, subject to any amendments—

(i) made to it under paragraph (a) within that period, or

(ii) which are otherwise necessary or consequential and which the F194[chief executive] may make within 2 weeks after the expiration of that period.

(6) The corporate plan shall be prepared on the basis of an organisational wide strategic approach encompassing the various activities of the local authority concernedF195[, including activities relating to functions of municipal district members for each municipal district,] and shall include—

(a) a statement of the principal activities of the local authority,

(b) the objectives and priorities for each of the principal activities and strategies for achieving those objectives,

(c) the manner in which the authority proposes to assess its performance in respect of each such activity, taking account of relevant service indicators and of the need to work towards best practice in service delivery and in the general operation of the local authority,

(d) human resources activities (including training and development) to be undertaken for the staff of the local authority and, where appropriate for the elected council,

(e) the organisational structure of the local authority, both elected council and staff, including corporate support and information technology and the improvements proposed to promote efficiency of operation and customer service and in general to support the corporate plan,

F195[(ea) the policy of the local authority in relation to its functions, services and priorities for expenditure, in so far as is not otherwise set out in any other plan, statement, strategy or other document referred to in subsection (7),]

(f) such other matters as may be set out in guidelines issued under subsection (10) for the purposes of this section.

(7) In preparing its corporate plan a local authority shall take account of such policies and objectives in relation to any of its functional programmes as are set out in any other plan, statement, strategy or other document prepared by it under any other provision of this or of any other enactment and shall comply with sections 69, 71 and 129.

(8)(a) A local authority may at any time decide by resolution to review its corporate plan and subsections (3) to (7) shall apply in relation to any such review.

(b) If requested by the Minister, a local authority shall carry out a review and following such review may make any amendments or a new corporate plan and subsections (3) to (7) shall apply in relation to any such review.

(9) The approval of the corporate plan, with or without amendments, is a reserved function.

(10)(a) From time to time the Minister may issue guidelines in connection with the preparation of corporate plans by local authorities for the purposes of this section and local authorities shall have regard to such guidelines.

(b) F196[…]

(c) Any guidelines issued by the Minister in relation to the preparation of corporate plans by local authorities which are current on the date of the commencement of this provision shall be deemed to have issued in accordance with this section.

(d) Any corporate plan which is in the process of being adopted by a local authority immediately before the issue of guidelines referred to in paragraph (c) shall be deemed to have been adopted with due regard to those guidelines.

(11)(a) The F194[chief executive] shall prepare an annual progress report in respect of the local authority’s corporate plan and such report shall be submitted to the elected council—

(i) at the same time as the authority’s draft budget, or

(ii) at such other time as the elected council may by resolution decide.

(b) Details of the annual progress report shall be recorded in the local authority’s annual report.

Annotations

Amendments:

F193
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 49(a), S.I. No. 214 of 2014.

F194
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 88-92, S.I. No. 214 of 2014.

F195
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 49(b), (c), S.I. No. 214 of 2014.

F196
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 49(d), S.I. No. 214 of 2014.

Section 134A
F197[

Local authority service delivery plans

134A.—(1) In respect of the local financial year which follows the commencement of this section and in respect of every financial year thereafter, each local authority shall prepare in accordance with subsection (5) a plan (in this section and Part 3 of Schedule 14A referred to as a “service delivery plan”) identifying the services intended to be provided by it to the public.

(2) The service delivery plan of a local authority shall be consistent with the provisions in the local authority budget of the expenditure estimated to be necessary for the local authority to carry out its functions during the local financial year to which that plan relates.

(3) The service delivery plan of a local authority shall take account of best practice in service delivery (including, where appropriate in relation to the delivery of services, best practice having regard to performance of functions identified pursuant to section 126C(1)(c)) and that plan shall include—

(a) a statement of the principal services that will either continue to be provided or will otherwise be provided by the local authority in respect of the local financial year to which the plan relates,

(b) the objectives and priorities for the delivery of each of the services to which paragraph (a) relates, and the strategies for achieving those objectives and priorities,

(c) the performance standards intended to be met in the delivery of services, including reference to each appropriate performance standard prescribed by the Minister,

(d) the manner in which the local authority proposes to assess its performance in respect of the delivery of services, including identification of the relevant indicators for the purposes of section 126C(1)(a) and the performance indicators and performance standards prescribed by the Minister under subsection (7) as are appropriate to each service in the service delivery plan, and

(e) such other matters as may be provided for by the Minister under subsection (7) or (8).

(4) In preparing its service delivery plan a local authority shall—

(a) take account of such policies and objectives in relation to any of its functional programmes that are set out in—

(i) any other plan, statement or strategy under the Local Government Acts 1925 to 2014,

(ii) any service level agreements, or

(iii) any other document prepared by it under this Act or any other enactment,

and in so preparing its plan the local authority shall comply with sections 69 and 71, and

(b) having regard to the outcome of any assessment carried out pursuant to subsection (6), indicate the actions proposed to be taken to meet any performance standard prescribed by the Minister under subsection (7) or as a result of a comparison with any relevant indicator identified by the National Oversight and Audit Commission or prescribed by the Minister under section 126C(1).

(5)(a) As soon as may be following the adoption of the local authority budget, the service delivery plan shall be—

(i) prepared, in consultation with the elected members, under the direction of the chief executive in such manner, and in accordance with the timescale and format as may be prescribed by regulations made by the Minister, and

(ii) considered by the elected members and be adopted by resolution, with or without amendment, within such time limit and in accordance with such conditions and requirements, as may be so prescribed.

(b) In making an amendment under paragraph (a)(ii), the elected members shall have regard to the local authority budget adopted in accordance with section 103(9).

(6) A local authority shall include in its annual report an assessment of its delivery of services during the year concerned when compared with its service delivery plan for that year, including reference to those performance standards and performance indicators specified in regulations made under this section and such relevant indicators identified by the National Oversight and Audit Commission or prescribed by the Minister under section 126C(1) as are appropriate.

(7)(a) The Minister may make regulations for one or more of the following matters:

(i) performance standards against which the effectiveness and efficiency of the delivery of services may be measured, and performance indicators to facilitate the evaluation of the performance of the local authority;

(ii) the comparison of one local authority, or class of local authorities, to another local authority or class of local authorities, as the case may be, in the delivery of services, and as appropriate, against any performance standard specified;

(iii) such other matters as the Minister may consider appropriate in relation to the preparation of service delivery plans.

(b) Before making regulations under this subsection, the Minister shall consult with the National Oversight and Audit Commission, and with any other Minister of the Government in respect of services provided by a local authority for which that other Minister is responsible.

(c) Regulations made by the Minister under this subsection shall be without prejudice to relevant indicators specified by the National Oversight and Audit Commission or prescribed by the Minister under section 126C(1).

(8)(a) The Minister may issue guidelines in respect of—

(i) the content and preparation of service delivery plans,

(ii) publication of service delivery plans,

(iii) such other matters as the Minister may consider appropriate,

and each local authority shall have regard to such guidelines.

(b) Guidelines under this subsection may provide for a service delivery plan of a local authority to take account of and to reflect the principal activities of municipal district members within its administrative area and for necessary consultation for that purpose.]

Annotations

Amendments:

F197
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 50, S.I. No. 214 of 2014.

Section 135

Report on capital programme.

135.—(1) Before the start of each local financial year the F198[chief executive] shall prepare and submit to the elected council a report indicating the programme of capital projects proposed by the local authority for the forthcoming and the following two local financial years having regard to the availability of resources.

(2) A report prepared under subsection (1) may be considered at the local authority budget meeting or at such other meeting as the elected council may by resolution decide.

(3) In considering the question of the resources likely to be available to it a local authority shall so consider—

(a) on the basis of a realistic and prudent assessment of the position, and

(b) on the basis of the information available to it at the time and having regard to the measures proposed by the authority to raise funding itself.

Annotations

Amendments:

F198
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 93, S.I. No. 214 of 2014.

Section 136

Furnishing of information to elected council.

F199[136.— (1) Without prejudice to section 105, 135, 137 or 138, where relevant, a chief executive shall, whenever requested—

(a) by an elected council of a local authority for which he or she is the chief executive or by its Cathaoirleach,

(b) by municipal district members of a local authority for which he or she is the chief executive or by the Cathaoirleach of a municipal district,

(c) by a strategic policy committee of a local authority for which he or she is the chief executive or by its chairperson,

(d) by a local community development committee of a local authority for which he or she is the chief executive or by its chairperson, or

(e) by a joint body for which he or she is the chief executive, or by its chairperson,

afford to the council, municipal district members, Cathaoirleach, committee, chairperson or joint body concerned (as the case may be) all information that may be in the possession or procurement of such chief executive in regard to any act, matter or thing relating to or concerning any business or transaction of such local authority, municipal district members, committee or joint body (as the case may be) which is mentioned in the request.

(2) Subject to subsections (3) and (4), on or before the seventh day of each month, or such other date in each month set by resolution of the council, the chief executive shall prepare a report, to be known as the management report, in relation to the performance of his or her executive functions during the preceding calendar month, including implementation of policy or other matters required by the council in the exercise of its reserved functions, and the provision of services by the council, and shall on the set day furnish a copy of the management report to each member of the local authority.

(3) The Minister may prescribe by regulations—

(a) the form and content of the management report,

(b) the co-ordination of the management report with such other reporting requirements in this or in any other enactment as may be so prescribed,

(c) the provision for certain elements of the management report, including information provided pursuant to subsection (5), being reported on a quarterly basis or such other basis as may be specified.

(4) The Minister may issue general policy guidelines for the purposes of subsections (2), (3) and (5) and local authorities shall comply with any such guidelines.

(5) Without prejudice to the generality of subsections (3) and (4) and the requirements of section 126D in respect of any report which the local authority is the subject of, the management report shall include information on the steps taken in relation to any relevant report of the National Oversight and Audit Commission.

(6) In respect of management reports not considered at a meeting of the local authority, such reports shall be on the agenda of the next appropriate meeting of the local authority for consideration.

(7) In this section “quarterly basis” means a period of 3 consecutive months ending on 31 March, 30 June, 30 September or 31 December in any year.]

Annotations

Amendments:

F199
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 51, S.I. No. 214 of 2014.

Editorial Notes:

E253
Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 94 provides for the substitution of “chief executive” for “manager”. This amendment is obsolete as the entire section has been substituted by Local Government Reform Act 2014 (1/2014), s. 51, as per F-note above.

Section 137

Plans, specifications to be prepared for elected council.

137.—(1) The elected council or a joint body may at any time by resolution require the F200[chief executive] for the local authority or joint body concerned to prepare and submit to the elected council or joint body, as the case may be—

(a) plans and specifications for the execution of any particular work specified in the resolution which can lawfully be executed by the local authority or joint body, and

(b) an estimate of the probable cost of the execution of such work.

(2) Whenever the elected council or joint body passes a resolution to which subsection (1) relates, the F200[chief executive] concerned shall, as soon as conveniently may be, prepare and submit to the elected council or joint body, plans and specifications and an estimate in accordance with the resolution.

Annotations

Amendments:

F200
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 95-96, S.I. No. 214 of 2014.

Section 138

Prior information to elected council.

138.—(1) The F201[chief executive] shall inform the elected council or joint body concerned—

(a) before any works (other than works of maintenance or repair) of the local authority or joint body concerned are undertaken, or

(b) before committing the local authority or joint body concerned to any expenditure in connection with proposed works (other than works of maintenance or repair).

(2) Subject to this section, an elected council or joint body may by resolution direct that, before the F201[chief executive] performs any specified executive function of the local authority or joint body, he or she shall inform the elected council or joint body, as the case may be, of the manner in which he or she proposes to perform that function, and the F201[chief executive] shall comply with the resolution.

(3) A resolution under subsection (2) may relate to any particular case or occasion or to every case or occasion of the performance of the specified executive function and may define what information is to be given and how and when it is to be given and the F201[chief executive] shall comply with the resolution.

(4) Nothing in this section prevents the F201[chief executive] from dealing immediately with any situation which he or she considers is an emergency situation calling for immediate action without regard to subsections (1) to (3).

(5) Without prejudice to the generality of subsection (4), an emergency situation for the purpose of that subsection shall be deemed to include a situation where, in the opinion of the F201[chief executive], the works concerned are urgent and necessary (having regard to personal health, public health or safety considerations) in order to provide a reasonable standard of accommodation for any person.

Annotations

Amendments:

F201
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 97-101, S.I. No. 214 of 2014.

Modifications (not altering text):

C40
Application of section restricted (8.03.2023) by Planning and Development Act 2000 (30/2000), s. 179A(4) as inserted by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 14, S.I. No. 107 of 2023, art. 2.

[Local authority own housing development

179A. …

(4) Sections 138, 139 and 140 of the Local Government Act 2001 shall not apply in respect of development to which this section applies.

…]

Section 139

Direction that works not proceed.

139.—(1) Where the elected council or joint body is informed in accordance with section 138 of any works (not being any works which the local authority or joint body are required by or under statute or by order of a court to undertake), the elected council or joint body, as the case may be, may by resolution, direct that those works shall not proceed.

(2) The F202[chief executive] shall comply with a resolution of an elected council or joint body duly and lawfully passed under this section.

Annotations

Amendments:

F202
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 102, S.I. No. 214 of 2014.

Modifications (not altering text):

C41
Application of section restricted (8.03.23) by Planning and Development Act 2000 (30/2000), s. 179A(4) as inserted by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 14, S.I. No. 107 of 2023, art. 2.

Local authority own housing development

[179A. …

(4) Sections 138, 139 and 140 of the Local Government Act 2001 shall not apply in respect of development to which this section applies.

…]

Editorial Notes:

E254
Previous affecting provision: application of section restricted by Water Services Act 2007 (30/2007), s. 36(5)(b), not commenced; repealed (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 4(1), S.I. No. 575 of 2013.

Section 140

Requirement that a particular thing be done.

140.—(1) In this section “local authority” includes a joint body.

(2) Subject to this section, an elected council or joint body may by resolution require any particular act, matter or thing specifically mentioned in the resolution and which the local authority or the F203[chief executive] concerned can lawfully do or effect, to be done or effected in the performance of the executive functions of the local authority.

(3) Notice of the intention to propose a resolution under this section shall be given in writing to the F203[chief executive] and the notice—

(a) shall be signed by F204[at least 2 members],

(b) shall contain the text of the proposed resolution, and

(c) may require that the proposed resolution be considered at a special meeting and shall then specify a day (F204[not less than 5 days] after the day on which the notice is received by the F203[chief executive]) for the holding of the special meeting.

(4) A resolution under this section shall not be considered at a meeting of the local authority which is held F204[less than 5 days] after the day on which the F203[chief executive] received the relevant notice under subsection (3).

(5) Where the F203[chief executive] receives a notice under subsection (3), he or she shall, as soon as possible, send a copy of the notice to every member of the local authority and, if the notice requires a special meeting and subsection (6) does not apply, a special meeting of the local authority shall be convened for the day specified in that behalf in the notice.

(6) Where a notice under subsection (3) specifies a day for the holding of a special meeting, and an ordinary meeting of the local authority is to be held on a day within the period of 14 days after the day on which the F203[chief executive] receives the notice, the resolution shall be considered at that ordinary meeting and a special meeting shall not be convened.

(7) Without prejudice to any other relevant requirements, it is necessary for the passing of a resolution under this section that at least one-third of the total number of members of the local authority concerned vote in favour of the resolution.

(8) A motion to pass a resolution under this section shall be considered before any other business at the meeting, other than—

(a) the election of a Cathaoirleach at any meeting where that office falls to be filled in accordance with Part 5, or

(b) any other business which the elected council or joint body may decide should take precedence.

(9) Where a resolution is duly and lawfully passed under this section, and if and when and in so far as money for its purpose is or has been provided, the F203[chief executive] shall cause the act, matter or thing mentioned in the resolution to be implemented.

(10) A resolution under this section does not apply or extend—

(a) to the performance of any function of a local authority generally,

F205[(aa) to the performance of any function, the doing of any act or the making of any decision under or for the purposes of the Local Government Act 2019,]

(b) to every case or occasion of the performance of any such function or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which any such function is performed,

(c) to every case or occasion of the performance of any such function in a particular area or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which any such function is performed in that area, F206[…]

F207[(d) so as to prevent the performance of any function of a local authority which the authority or the chief executive is required by law or by order of a court to perform,

(e) to any act, matter or thing to be done or effected in the performance of the executive functions of a local authority in respect of its functions as a planning authority under the Planning and Development Act 2000, or

(f) to a decision to provide, to any named person or group, any service, finance or other form of assistance or benefit, financial or otherwise.]

and any resolution claiming to be passed under this section which contravenes this subsection is void.

(11) This section is without prejudice to section 34 of the Act of 2000 insofar as the said section 34 applies to notices under subsection (3) and resolutions referred to in subsection (7).

Annotations

Amendments:

F203
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 103-108, S.I. No. 214 of 2014.

F204
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 52(a)-(c), S.I. No. 214 of 2014.

F205
Inserted (31.01.2019) by Local Government Act 2019 (1/2019), s. 35(c), S.I. No. 20 of 2019.

F206
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 52(d), S.I. No. 214 of 2014.

F207
Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 52(d), S.I. No. 214 of 2014.

Modifications (not altering text):

C42
Application of section restricted (8.03.2023) by Planning and Development Act 2000 (30/2000), s. 179A(4) as inserted by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 14, S.I. No. 107 of 2023, art. 2.

Local authority own housing development

[179A. …

(4) Sections 138, 139 and 140 of the Local Government Act 2001 shall not apply in respect of development to which this section applies.

…]

Editorial Notes:

E255
Local Government Reform Act 2014 (1/2014), s. 36(4) provides for the amendment of subs. (10) in the manner set out in sch. 1 of that Act, but no amendment is listed in the schedule.

E256
Previous affecting provision: application of section restricted by Water Services Act 2007 (30/2007), s. 36(5)(b), (16), not commenced; repealed (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 4(1), S.I. No. 575 of 2013.

Section 141

Duty of members appointed to other bodies.

141.—(1) Where one or more than one member of a local authority is elected, appointed or nominated by that authority to another body, whether established by or under statute or otherwise, it is the duty of that member or members to represent the local authority and to present a report to it on the activities and operation of that body—

(a) annually, or

(b) at any other time, if so requested by resolution or by the Cathaoirleach.

F208[(1A) A member of a local authority who is elected, appointed or nominated by that authority to another body in accordance with subsection (1), shall, within 15 working days of the end of each 3 monthly period to 31 March, 30 June, 30 September and 31 December in each year notify the local authority concerned of all attendances by the member at meetings of the body concerned and any payments made by or on behalf of that body (including details of distances travelled where payments are in respect of the use of a private vehicle) to the member during the period.

(1B) Subsection (1A) shall also apply to a former member of a local authority or to a period after the holding of local elections in respect of any payments while a member of the authority but received after he or she ceases to be a member of the authority or after the holding of local elections.]

(2) Every report to which subsection (1) relates shall be presented by the member or members concerned to a meeting of the local authority.

(3) Nothing in this section requires the disclosure of information to the authority which is confidential or which could not otherwise be disclosed.

(4) This section also applies to any person who holds membership of a body, by virtue of being Cathaoirleach or any other member of a local authority.

Annotations

Amendments:

F208
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(1), S.I. No. 214 of 2014.

Section 142

Members’ expenses, remuneration, etc.

142.—(1) The Minister may by regulations, made with the consent of the Minister for Finance, provide for the payment by a local authority of allowances for expenses incurred by its members in connection with—

F209[(a) attendance at meetings of—

(i) the local authority,

(ii) municipal district members of that authority,

(iii) a committee of that authority, or

(iv) a joint committee or joint body involving that authority;

(b) attendance at conferences, seminars, training or other events to which subsection (5) or (5A) applies;]

(d) any other specified matter.

(2) Regulations under this section may also provide for—

(a) the payment of remuneration to members or to Cathaoirligh of specified classes of local authorities, or

(b) subject to subsection (4)(i), the making of superannuation arrangements in respect of members of specified classes of local authorities.

(3) Any payments referred to in subsection (1) or (2) are subject to and shall be made in accordance with regulations made under this section.

(4) Regulations under this section may provide for—

(a) an annual amount in respect of remuneration in such cases as may be specified;

(b) a composite annual allowance in respect of attendances at meeting referred to in subsection (1)(a) and at such events or other matters as may be specified;

(c) arrangements to apply as regards the authorisation under subsection (5) by the local authority of attendances to which that subsection applies;

(d) conditions, restrictions or other requirements to apply in relation to allowances, remuneration or superannuation and the making of payments (including the abatement or reduction in whole or in part of allowances or remuneration in specified circumstances or for specified persons in receipt of allowances or remuneration provided by a public authority or otherwise from public funds);

(e) the furnishing of specified information to a local authority for the purposes of this section;

(f) the payment of allowances to persons who are not members of a local authority;

(g) a public register of attendances and payments to which this section and section 143 relate;

F210[(ga) a public register of all attendances and payments to which section 141 relates;]

(h) deductions from payments referred to in subsection (1) or (2) for such matters as may be specified;

(i) the approval of the Minister, given with the consent of the Minister for Finance, to such arrangements for superannuation purposes as may be specified;

(j) the giving of directions from time to time in relation to any matter the subject of such regulations;

(k) any other matters which appear to the Minister to be necessary or expedient for the purposes of this section.

(5)(a) This subsection applies to a conference, seminar F211[…] or other meeting or event held, whether within or outside the State, for the purpose of discussing, obtaining or imparting information regarding or connected with any matter that is of concern to the local authority in relation to the performance of its functions and is relevant to its administrative area and to the local community.

(b) An elected council may authorise one or more of its members to represent the authority at a meeting or event to which this subsection applies and such authorisation may, subject to regulations under this section, be given in an individual case or as regards such attendances generally during a particular year.

(d) An elected council shall not authorise under this subsection unless, having had regard to the following matters, it is satisfied that the authorisation is justified by reference to—

(i) the benefits likely to accrue,

(ii) the general interests of its administrative area and the local community, and

(iii) the total cost involved.

(e) An authorisation under this subsection is a reserved function and such authorisations shall not exceed the amount provided for in accordance with paragraph (c).

F212[(f) Where a member of an elected council attends a conference, seminar or other meeting or event held by virtue of an authorisation under this section, he or she shall, within 15 working days of such attendance, submit to the Cathaoirleach a written report, which shall indicate the nature of the meeting and contain a summary of the proceedings, and the Cathaoirleach shall submit the report to the next ordinary meeting of the local authority.

(fa) A report prepared for the purposes of paragraph (f) shall be made available free of charge by the local authority to any member of the public who so requests and for that purpose may be made available by that authority on its internet website.

(g) Without prejudice to paragraphs (a) to (fa), the Minister may issue general guidelines for the purposes of this subsection, including guidelines as to expenditure in relation to attendance at conferences, seminars or other meetings or events.]

F213[(5A)(a) This subsection applies to training regarding or connected with any matter that is of concern to the local authority in relation to the performance of its functions and is relevant to its administrative area and to the local community.

(b) An elected council may authorise one or more of its members to avail of training or attend training events to which this subsection applies and such authorisation may, subject to regulations under this section, be given in an individual case or as regards such attendances generally during a particular year.

(d) An elected council shall not authorise under this subsection unless, having had regard to the following matters, it is satisfied that the authorisation is justified having particular regard to any training referred to in guidelines issued in accordance with paragraph (f) and having regard to—

(i) the benefits likely to accrue,

(ii) the general interests of its administrative area and the local community, and

(iii) the total cost involved.

(e) An authorisation under this subsection is a reserved function and such authorisations shall not exceed the amount provided for in accordance with paragraph (c).

(f) Without prejudice to paragraphs (a) to (e), the Minister may issue general guidelines for the purposes of this subsection, including guidelines as to the syllabus of a training programme, the development of a training programme, the nomination of training by specified bodies, either generally or in respect of specified courses, as suitable for inclusion in a training programme and expenditure in relation to attendance at specified training events.

(g) The Minister may make regulations—

(i) requiring attendance within a specified period by members of local authorities, or any class of such members, at training or development courses (otherwise than at his or her own expense) of a type necessary or appropriate for the members to attend so as to enable each such member to discharge his or her duties as a member of the local authority, joint board, committee of a local authority or member of another body to which section 141(1) relates, as the case may be,

(ii) providing for a reduction in remuneration or any allowances for expenses (including the amount of such reduction expressed as a percentage of specified remuneration or allowances for expenses, as the case may be) which would otherwise be payable to a member of a local authority by virtue of regulations under this section where such member fails to attend training or development courses which he or she is required to attend under regulations to which subparagraph (i) relates, and

(iii) providing for exceptional or compassionate grounds (either generally or by reference to specified types of circumstances) where a reduction to which subparagraph (ii) relates would not apply.]

F214[(6) A local authority shall comply with any guidelines issued under subsections (5) (g) and (5A)(f).]

(7) A local authority of a class specified for the purposes of subsection (2) may, in relation to its members or a class or classes of its members and subject to regulations under this section, make provision in relation to the superannuation of its members or in relation to the superannuation of a class or classes of its members.

(8) Regulations made under section 51 of the Local Government Act, 1991, and in force at the commencement of this provision shall continue in force and have effect as if made under this section and may be amended or revoked accordingly.

Annotations

Amendments:

F209
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(a), S.I. No. 214 of 2014.

F210
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(b), S.I. No. 214 of 2014.

F211
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(c), S.I. No. 214 of 2014.

F212
Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(c), S.I. No. 214 of 2014.

F213
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(d), S.I. No. 214 of 2014.

F214
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(e), S.I. No. 214 of 2014.

Editorial Notes:

E257
Power pursuant to section exercised (13.09.2023) by Local Government Act 2001 (Section 142) (Security Allowance for Local Authority Members) Regulations 2023 (S.I. No. 449 of 2023), in effect as per reg. 2.

E258
Power pursuant to section exercised (10.08.2023) by Local Government Act 2001 (Section 142) (Allowance for Maternity – Related Administrative Support) Regulations 2023 (S.I. No. 404 of 2023), in effect as per reg. 2.

E259
Power pursuant to section exercised (1.07.2021) by Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021), in effect as per reg. 2.

E260
Power pursuant to section exercised (1.07.2021) by Local Government (Remuneration of Local Authority Members) Regulations 2021 (S.I. No. 312 of 2021), in effect as per reg. 2.

E261
Previous affecting provision: power pursuant to section exercised (10.11.2017) by Local Government (Expenses of Local Authority Members) (Amendment) Regulations 2017 (S.I. No. 494 of 2017); revoked (1.07.2021) by Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021), reg. 18, in effect as per reg. 2.

E262
Previous affecting provision: power pursuant to section exercised (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), in effect as per reg. 3; revoked (1.07.2021) by Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021), reg. 18, in effect as per reg. 2.

E263
Previous affecting provision: power pursuant to section exercised (1.06.2014) by Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014), in effect as per reg. 3; revoked (1.07.2021) by Local Government (Remuneration of Local Authority Members) Regulations 2021 (S.I. No. 312 of 2021), reg. 10, in effect as per reg. 2.

E264
Power pursuant to section exercised (6.06.2002) by Local Authority Members (Gratuity) Regulations 2002 (S.I. No. 281 of 2002), as amended (23.07.2002) by Local Authority Members (Gratuity) (Amendment) Regulations 2002 (S.I. No. 378 of 2002), and as amended (11.07.2003) by Local Authority Members (Gratuity) (Amendment) Regulations 2003 (S.I. No. 302 of 2003), and as amended (19.12.2006) by Local Authority Members (Gratuity) (Amendment) Regulations 2006 (S.I. No. 674 of 2006).

E265
Previous affecting provision: power pursuant to section exercised (1.01.2002) by Local Government (Representational Payment For Members) Regulations 2001 (S.I. No. 552 of 2001), as amended (6.06.2002) by Local Authority Members (Gratuity) Regulations 2002 (S.I. No. 281 of 2002), reg. 2 and as amended (1.06.2014) by Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014), in effect as per reg. 3; revoked (1.07.2021) by Local Government (Remuneration of Local Authority Members) Regulations 2021 (S.I. No. 312 of 2021), reg. 10, in effect as per reg. 2.

E266
Previous affecting provision: power pursuant to section exercised (5.02.2010) by Local Government Act 2001 (Section 142) Regulations 2010 (S.I. No. 37 of 2010); revoked (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), reg. 18, in effect as per reg. 3.

E267
Previous affecting provision: power pursuant to section exercised (1.01.2007) by Local Government (Expenses of Local Authority Members) Regulations 2006 (S.I. No. 668 of 2006); revoked (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), reg. 18, in effect as per reg. 3.

Section 143

Allowance for Cathaoirleach and Leas-Chathaoirleach.

143.—(1) (a) A local authority may pay an allowance for reasonable expenses to its Cathaoirleach.

(b) A local authority may pay an allowance for reasonable expenses to its Leas-Chathaoirleach.

(2) A decision to pay an allowance under subsection (1) and the determination of the amount of the allowance is a reserved function.

(3) (a) After consultation with the Minister for Finance, the Minister may issue directions to local authorities or specified classes of local authorities for the purposes of this section.

(b) Without prejudice to paragraph (a), directions may specify—

(i) particular considerations to which the local authority shall have regard, and

(ii) the maximum amounts of the allowances payable under this section, including different amounts for different classes of local authorities.

Annotations

Modifications (not altering text):

C43
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 12, in effect as per reg. 3.

Payment of an allowance for reasonable expenses of a Cathaoirleach.

12. The provisions of section 143 of the Act shall apply to the payment of an allowance for the reasonable expenses of a Cathaoirleach of municipal district members with the following modifications:—

(a) as if, in subsection (1), the references to “a local authority” were a reference to “municipal district members” and the references to “its” were references to “their”,

(b) the reserved function specified in subsection (2) is a reserved function of the municipal district members concerned, and

(c) as if, in subsection (3), the references to “local authorities” and to “local authority” were references to “municipal district members”.

Editorial Notes:

E268
Power pursuant to section exercised (1.07.2021) by Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021), in effect as per reg. 2.

E269
Previous affecting provision: power pursuant to section exercised (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), in effect as per reg. 3; revoked (1.07.2021) by Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021), reg. 18, in effect as per reg. 2.

Chapter 2

PART 16

Land

Section 183

Land disposals, notification of members.

183.—(1) The following provisions have effect in relation to any proposed disposal (not being by demise for a term not exceeding one year) of land which is held by a local authority:

(a) notices shall be sent or delivered to the members of the local authority giving particulars of—

(i) the land,

(ii) the name of the person from whom such land was acquired, if this can be ascertained by reasonable inquiries,

(iii) the person to whom the land is to be disposed of,

(iv) the consideration proposed in respect of the disposal,

(v) any covenants, conditions or agreements to have effect in connection with the disposal;

(b) at the first meeting of the local authority held after the expiration of 10 days after the day on which such notices are sent or delivered, the local authority may resolve that the disposal shall not be carried out or that it shall be carried out in accordance with terms specified in the resolution;

(c) if the local authority resolves by virtue of paragraph (b) that the disposal shall not be carried out, it shall not be carried out;

(d) if the local authority does not pass a resolution pursuant to paragraph (b), the disposal may be carried out;

(e) if the local authority resolves by virtue of paragraph (b) that the disposal shall be carried out in accordance with terms specified in the resolution, the disposal may be carried out in accordance with those terms;

(f) the disposal shall not be carried out otherwise than in accordance with paragraph (d) or (e) and subject to the consent of the Minister where consent is required under section 211(2) of the Act of 2000.

(2) Section 90 (inserted by section 26 of the Housing (Miscellaneous Provisions) Act, 1992) of the Housing Act, 1966, is amended by the substitution of the following for subsection (4):

“(4) (a) Subject to any regulations made under this section, section 183 of the Local Government Act, 2001, shall apply in relation to the sale of a dwelling under subparagraph (ii) or (iii) of paragraph (a), or paragraph (b), of subsection (1) of this section but shall not otherwise apply to the sale of a dwelling under this section.

(b) This subsection is without prejudice to the application of section 183 of the Local Government Act, 2001, to the disposal of land by a housing authority under section 211 of the Planning and Development Act, 2000, and for the purposes of this paragraph ‘land’ does not include a dwelling.”.

Annotations

Modifications (not altering text):

C53
Prospective affecting provision: application of section restricted by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 27, not commenced as of date of revision.

Non-application of certain provisions to disposals for purposes of this Chapter.

27.— Section 211(2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the disposal, for any of the purposes of this Chapter, of land or a dwelling by a housing authority.

…

C54
Application of section restricted (31.03.2022) by Land Development Agency Act 2021 (26/2021), s. 58, S.I. No. 143 of 2022, art. 2(h).

Provision relating to local authority land under this Part

58. Section 211(2) of the Act of 2000 and section 183 of the Local Government Act 2001 shall not apply to the disposal by a local authority to the Agency under this Part of relevant public land owned by the local authority which land—

(a) is situated—

(i) in the local authority area in respect of which a development plan is in force, or

(ii) in the functional area, within the meaning of the Act of 2000, of, or any particular area within the functional area of, a planning authority in respect of which a local area plan is in force, and

(b) is zoned for solely residential use or a mixture of residential and other uses in, as the case may be, the development plan or local area plan.

C55
Application of section restricted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 22(2), S.I. No. 450 of 2021.

Relationship with other enactments

22. …

(2) Section 211(2) of the Act of 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a dwelling to an eligible applicant under an affordable dwelling purchase arrangement.

…

C56
Application of section restricted (18.06.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 83(5), S.I. No. 206 of 2018.

Affordable dwelling purchase arrangements.

83.— …

(5) Section 211(2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a dwelling to an eligible household under an affordable dwelling purchase arrangement.

C57
Application of section restricted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 25(4), S.I. No. 482 of 2015.

Sale of house to tenant

25.— …

(4) Section 211(2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a house under this Part.

C58
Application of section restricted (25.12.2015) by Harbours Act 2015 (61/2015), s. 16(1)(b), commenced on enactment.

Provisions with respect to sale, leasing and acquisition of land by transferred company

16. (1) …

(b) Section 183 of the Local Government Act 2001 does not apply to any decision by the directors of a transferred company made under paragraph (a).

…

C59
Application of section restricted (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 12(9), S.I. No. 575 of 2013.

Transfer of property of water services authorities

12.— …

(9) Section 183 of the Act of 2001 shall not apply to the vesting of land under this section.

…

C60
Application of section restricted (1.01.2012) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 64(10), S.I. No. 680 of 2011.

Sale by housing authority of apartments to tenants.

64.— …

(10) Section 211(2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of an apartment to a tenant in accordance with this Part.

C61
Application of section restricted (1.01.2010) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 45(5), S.I. No. 540 of 2009.

Sale of dwelling by incremental purchase arrangement.

45.— …

(5) Section 211(2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a dwelling to an eligible household under this section.

Editorial Notes:

Section 184

Exercise of certain land functions.

184.—(1) Without prejudice to the generality or application of section 210, 211 or 213 of the Act of 2000, the functions conferred on a local authority by section 11(7)(a) shall—

(a) as regards the acquisition of land be construed in accordance with section 213 of the Act of 2000,

(b) as regards the disposal of land be construed in accordance with section 211 of the Act of 2000,

and section 210 of the Act of 2000 shall apply as regards the appropriation of land.

(2) For the avoidance of doubt it is hereby declared that the functions conferred on a local authority by section 213(2)(a) of the Act of 2000 may be performed in relation to any easement, way-leave, water right or other right to which that paragraph applies granted by or held from the local authority acquiring the land and “acquisition of land” shall be construed accordingly for the purposes of that Act.

(3) In this section “local authority” includes a joint body.

PART 17

Establishment of New Town Councils, etc.

Section 185
Establishment of town council.

185.— F245[…]

Annotations

Amendments:

F245
Part 17 (ss. 185-187) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1), 25(4)(d) and sch. 1 part 1 ref. 154, S.I. No. 214 of 2014.

Section 186
First election to town council.

186.— F246[…]

Annotations

Amendments:

F246
Part 17 (ss. 185-187) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1), 25(4)(d) and sch. 1 part 1 ref. 154, S.I. No. 214 of 2014.

Section 187
Dissolution of town council.

187.—F247[…]

Annotations

Amendments:

F247
Part 17 (ss. 185-187) deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1), 25(4)(d) and sch. 1 part 1 ref. 154, S.I. No. 214 of 2014.

Schedule 5

SCHEDULE 5

Sections 10(2) and 11(3)

Local Government Areas

Sch. 5, Part 1
PART 1

Counties

Chapter 1

Names of Counties and of Local Authorities in the Irish Language

Name of County

Name of Local Authority of County

Ceatharlach

Comhairle Contae Cheatharlach

An Cabhán

Comhairle Contae an Chabháin

An Clár

Comhairle Contae an Chláir

Corcaigh

Comhairle Contae Chorcaí

Dún na nGall

Comhairle Contae Dhún na nGall

Dún Laoghaire-Ráth an Dúin

Comhairle Contae Dhún Laoghaire-Ráth an Dúin

Fine Gall

Comhairle Contae Fhine Gall

Gaillimh

Comhairle Contae na Gaillimhe

Ciarraí

Comhairle Contae Chiarraí

Cill Dara

Comhairle Contae Chill Dara

Cill Chainnigh

Comhairle Contae Chill Chainnigh

Laois

Comhairle Contae Laoise

Liatroim

Comhairle Contae Liatroma

An Longfort

Comhairle Contae an Longfoirt

Lú

Comhairle Contae Lú

Maigh Eo

Comhairle Contae Mhaigh Eo

An Mhí

Comhairle Contae na Mí

Muineachán

Comhairle Contae Mhuineacháin

Tiobraid Árann

Comhairle Contae Thiobraid Árann

Uíbh Fhailí

Comhairle Contae Uíbh Fhailí

Ros Comáin

Comhairle Contae Ros Comáin

Sligeach

Comhairle Contae Shligigh

Baile Átha Cliath Theas

Comhairle Contae Baile Átha Cliath Theas

An Iarmhí

Comhairle Contae na hIarmhí

Loch Garman

Comhairle Contae Loch Garman

Cill Mhantáin

Comhairle Contae Chill Mhantáin

Chapter 2

Names of Counties and of Local Authorities in the English Language

Name of County

Name of Local Authority of County

Carlow

Carlow County Council

Cavan

Cavan County Council

Clare

Clare County Council

Cork

Cork County Council

Donegal

Donegal County Council

Dun Laoghaire-Rathdown

Dun Laoghaire-Rathdown County Council

Fingal

Fingal County Council

Galway

Galway County Council

Kerry

Kerry County Council

Kildare

Kildare County Council

Kilkenny

Kilkenny County Council

Laois

Laois County Council

Leitrim

Leitrim County Council

Longford

Longford County Council

Louth

Louth County Council

Mayo

Mayo County Council

Meath

Meath County Council

Monaghan

Monaghan County Council

Offaly

Offaly County Council

Roscommon

Roscommon County Council

Sligo

Sligo County Council

South Dublin

South Dublin County Council

Tipperary

Tipperary County Council

Westmeath

Westmeath County Council

Wexford

Wexford County Council

Wicklow

Wicklow County Council]

Annotations

Amendments:

F292
Schedule substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 12(2), S.I. No. 214 of 2014.

Modifications (not altering text):

C65
Alternate commencement date for amendments to local government areas by Local Government Reform Act 2014 (1/2014), s. 12, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(a), commenced as per s. 28(5).

Elections to local authorities in 2014

28. (1) For the purpose of holding in 2014 elections of members of local authorities—

(a) the local government areas provided for by section 10 of, and Schedule 5 to, the Principal Act shall have effect as amended by section 12,

…

(5) This section has effect upon the passing of this Act.

Sch. 5, Part 2
F293[PART 2

Cities

Chapter 1

Names of Cities and of Local Authorities in the Irish Language

Name of City

Name of Local Authority of City

Corcaigh

Comhairle Cathrach Chorcaí

Baile Átha Cliath

Comhairle Cathrach Bhaile Átha Cliath

Gaillimh

Comhairle Cathrach na Gaillimhe

Chapter 2

Names of Cities and of Local Authorities in the English Language

Name of City

Name of Local Authority of City

Cork

Cork City Council

Dublin

Dublin City Council

Galway

Galway City Council]

Annotations

Amendments:

F293
Schedule substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 12(2), S.I. No. 214 of 2014.

Modifications (not altering text):

C66
Alternate commencement date for amendments to local government areas by Local Government Reform Act 2014 (1/2014), s. 12, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(a), commenced as per s. 28(5).

Elections to local authorities in 2014

28. (1) For the purpose of holding in 2014 elections of members of local authorities—

(a) the local government areas provided for by section 10 of, and Schedule 5 to, the Principal Act shall have effect as amended by section 12,

…

(5) This section has effect upon the passing of this Act.

Sch. 5, Part 3
F294[PART 3

Cities and Counties

Chapter 1

Names of Cities and Counties in the Irish Language and Names of Local Authorities

Name of City and County

Name of Local Authority of City and County

Luimneach

Comhairle Cathrach agus Contae Luimnigh

Port Láirge

Comhairle Cathrach agus Contae Phort Láirge

Chapter 2

Names of Cities and Counties in the English Language and Names of Local Authorities

Name of City and County

Name of Local Authority of City and County

Limerick

Limerick City and County Council

Waterford

Waterford City and County Council]

Annotations

Amendments:

F294
Schedule substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 12(2), S.I. No. 214 of 2014.

Modifications (not altering text):

C67
Alternate commencement date for amendments to local government areas by Local Government Reform Act 2014 (1/2014), s. 12, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(a), commenced as per s. 28(5).

Elections to local authorities in 2014

28. (1) For the purpose of holding in 2014 elections of members of local authorities—

(a) the local government areas provided for by section 10 of, and Schedule 5 to, the Principal Act shall have effect as amended by section 12,

…

(5) This section has effect upon the passing of this Act.

Schedule 6
SCHEDULE 6

Section 10(3).

Local Government Areas (Towns)

F295[…]

Annotations

Amendments:

F295
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 180, S.I. No. 214 of 2014.

Editorial Notes:

E330
Previous affecting provision: functions transferred as respects Housing (Miscellaneous Provisions) Act 2009 (22/2009), ss. 20 and 21 from“council” of each town mentioned in Part 2 of sch. 6 to the “county council” (1.04.2011) by Housing (Transfer of Functions) Order 2011 (S.I. No. 85 of 2011), art. 3, in effect as per art. 2; schedule deleted as per F-note above.

Schedule 7
SCHEDULE 7

Section 21.

Number of Members of Local Authorities

Sch. 7, Part 1
PART 1

County Council Number of Members

County Council

Number of Members

Carlow

Cavan

Clare

Cork

Donegal

Dun Laoghaire-Rathdown

Fingal

Galway

Kerry

Kildare

Kilkenny

Laois

Leitrim

Longford

Louth

Mayo

Meath

Monaghan

Offaly

Roscommon

Sligo

South Dublin

Tipperary

Westmeath

Wexford

Wicklow

32]

Annotations

Amendments:

F296
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 15(b), S.I. No. 214 of 2014.

Modifications (not altering text):

C68
Alternate commencement date for amendments to numbers of local authorities by Local Government Reform Act 2014 (1/2014), s. 15, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(c), commenced as per s. 28(5).

Elections to local authorities in 2014

28. (1) For the purpose of holding in 2014 elections of members of local authorities—

…

(c) the numbers of members of local authorities provided for in section 21 of, and Schedule 7 to, the Principal Act shall have effect as amended by section 15,

…

(5) This section has effect upon the passing of this Act.

Sch. 7, Part 2
F297[PART 2

City Council

Number of Members

Cork

Dublin

Galway

18]

Annotations

Amendments:

F297
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 15(b), S.I. No. 214 of 2014.

Modifications (not altering text):

C69
Alternate commencement date for amendments to numbers of local authorities by Local Government Reform Act 2014 (1/2014), s. 15, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(c), commenced as per s. 28(5).

Elections to local authorities in 2014

28. (1) For the purpose of holding in 2014 elections of members of local authorities— …

(c) the numbers of members of local authorities provided for in section 21 of, and Schedule 7 to, the Principal Act shall have effect as amended by section 15,

…

(5) This section has effect upon the passing of this Act.

Sch. 7, Part 3
F298[PART 3

City and County Council

Number of Members

Limerick

Waterford

32]

Annotations

Amendments:

F298
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 15(b), S.I. No. 214 of 2014.

Modifications (not altering text):

C70
Alternate commencement date for amendments to numbers of local authorities by Local Government Reform Act 2014 (1/2014), s. 15, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(c), commenced as per s. 28(5).

Elections to local authorities in 2014

28. (1) For the purpose of holding in 2014 elections of members of local authorities— …

(c) the numbers of members of local authorities provided for in section 21 of, and Schedule 7 to, the Principal Act shall have effect as amended by section 15,

…

(5) This section has effect upon the passing of this Act.

Schedule 8
F299[SCHEDULE 8

Section 32(4).

Alternative Titles to Cathaoirleach and Leas-Chathaoirleach, etc.

1. A local authority which is a city and county council may by resolution give to the office of its Cathaoirleach or Leas-Chathaoirleach the following titles:

(a) in the Irish language the title of “Méara” or “Leas- Mhéara”, respectively, and

(b) in the English language, the title of “Mayor” or “Deputy Mayor”, respectively.

2. Where titles are given in accordance with paragraph 1, the holders of the offices shall, as appropriate, be styled, in the Irish language “Méara Cathair agus Chontae….…” and “Leas-Mhéara Cathair agus Chontae….…” followed by the name of the city and county in Irish, and in the English language “Mayor of the City and County of….…” and “Deputy Mayor of the City and County of….…” followed by the name of the city and county in English.

3. A local authority which has by resolution under paragraph 1 given the titles provided in that paragraph may revert by resolution to the titles of Cathaoirleach or Leas-Chathaoirleach provided for in section 31 and which shall be styled in accordance with that section.]

Annotations

Amendments:

F299
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 37(2), S.I. No. 214 of 2014.

Schedule 10

SCHEDULE 10

Section 44.

Meetings and Proceedings of Local Authorities

Local authority meetings.

1.—(1) In every year a local authority shall hold—

(a) an annual meeting as provided for in paragraph 3,

(b) a local authority budget meeting as referred to in paragraph 5,

(c) such other meetings as are necessary for the transaction of its business, which meetings are in this Act referred to as ordinary meetings.

(2) In addition, a local authority may hold such special meetings as may be requisitioned by virtue of paragraph 6 or section 140 or as may be decided by resolution.

(3) This Schedule shall as regards a special meeting convened for the purposes of section 34 or 146 be read subject to and in accordance with the requirements of the relevant section.

Place, date and time of meetings.

2.—(1) A local authority shall provide or arrange for the provision of accommodation for the holding of meetings.

(2) In so far as practicable, the place for holding of meetings is the principal offices of the authority and meetings shall normally be held at such place.

(3) Subject to this Act, meetings shall be held on such days and at such times as the local authority shall by resolution appoint or shall fix by standing orders.

(4) In so far as practicable, a local authority shall fix a regular schedule for the holding of ordinary meetings, which may be set out in standing orders or appointed by resolution.

(5) Subject to this paragraph, different days, times and places (whether within or without the administrative area of the authority) may be appointed from time to time by resolution or fixed by standing orders for different meetings.

Day of annual meeting.

3.—F301[(1) In every year in which a local election is held, the annual meeting of a local authority shall be held on the fourteenth day after the polling day or, where the poll is for any reason countermanded, interrupted or adjourned, after the day on which the poll is completed or the fresh poll is held.

(2) Where the fourteenth day referred to in subparagraph (1) is an excluded day, the meeting shall be held on the next following day which is not an excluded day.]

(3) In every other year, the local authority shall hold an annual meeting on such day, in the month of May or June, as the local authority shall by resolution appoint or fix by standing orders.

(4) Whenever an annual meeting of a local authority is for any reason not held on the day appointed or fixed by or by virtue of this paragraph for the holding of such meeting, the meetings administrator shall, following consultation, if practicable, with the Cathaoirleach, or if the office of the Cathaoirleach is vacant or the Cathaoirleach is unable to act, with the Leas-Chathaoirleach, convene a meeting of the local authority for a convenient hour on the day which appears to such administrator to be the earliest convenient date for that purpose and a meeting so held shall be deemed for all purposes to be an annual meeting held on the day appointed under subparagraph (1), (2) or (3) as appropriate.

Business and public notice of annual meeting.

4.—(1) At an annual meeting in an election year the meetings administrator shall read out the names of the persons duly elected as members of the local authority F302[…].

(2) Subject to subparagraph (1), the election of a Cathaoirleach in accordance with sections 36 and 37 is to be the first business at an annual meeting F302[…].

(3) Where the Cathaoirleach is elected in accordance with sections 36 and 37 the next business shall be the election of the Leas-Chathaoirleach.

F301[(4) In the case of the annual meeting of a local authority in an election year the business to be transacted shall, subject to this paragraph, include—

(a) the consideration of the election, appointment or nomination of members of joint bodies or other bodies elected, appointed or nominated by such local authority, and

(b) fixing the day or days for the first meetings of the municipal district members for each of the municipal districts within the functional area of the local authority, so long as the day or days so fixed shall not be later than 10 days after that annual meeting of the local authority and not be an excluded day.]

(5) Every member of a joint body who has been elected, appointed or nominated by a local authority and is in office as such member at the date of an election to such local authority shall continue to hold office as such member of such joint body until his or her successor is appointed unless he or she sooner dies, resigns, is disqualified, removed from office or otherwise ceases to be a member of the local authority or a member of the joint body, as the case may be, other than by way of reaching the ordinary day of retirement of members of a local authority.

(6)(a) In an election year a local authority shall publish a notice of its annual meeting in at least one newspaper circulating in its administrative area which—

(i) states the date of the annual meeting and F302[…] that the first business of the meeting will be the election of the Cathaoirleach, and

(ii) specifies the joint bodies and other bodies to which the local authority is entitled to make appointments at that meeting or subsequently.

(b) In this paragraph “appointments” includes—

(i) appointments of members of the local authority, whether by virtue of holding a particular office or by way of nomination, election or otherwise, and

(ii) appointments of persons who are not members of the local authority.

(7)(a) The notice under subparagraph (6)(a) of the annual meeting shall be in a form and published within a period, prescribed by the Minister by regulations.

(b) Regulations under this subparagraph may also provide for the publication by a local authority of a subsequent public notice within such period as may be specified, listing the appointments made by it to joint bodies or other bodies referred to in subparagraph (6)(a), or indicating that such a list may be inspected at the principal offices of the local authority.

(c) Failure by a local authority to publish a notice of the annual meeting as required by this paragraph or to publish it with any omission or error in it does not invalidate any meeting of the local authority or any appointment made or other thing done at the meeting.

Local authority budget meeting.

F301[5. —A local authority shall hold its budget meeting in accordance with section 103 within the period directed by the Minister for the purposes of that section.]

Special meetings.

6.—(1) A requisition to have a special meeting of a local authority convened (in this paragraph referred to as a “requisition”) may be made—

(a) by the Cathaoirleach,

(b) if the office of Cathaoirleach is vacant, or the Cathaoirleach is unable to act, by the Leas-Chathaoirleach, or

(2) Where the Cathaoirleach refuses or neglects to act on foot of a request referred to in subparagraph (1)(c) within 7 days of it being presented to him or her, the members making the request may convene the meeting in accordance with this paragraph.

(3) A requisition shall be made in writing and be delivered by the Cathaoirleach, the Leas-Chathaoirleach or in a case where subparagraph (2) applies by the members making the requisition, as the case may be, to the meetings administrator.

(4) A requisition shall be signed by the person or persons making it, as the case may be, and shall—

(a) contain as an agenda a statement of the business which it is proposed to transact at the meeting, and

(b) specify a day, (other than an excluded day), which is not less than 3 clear days after the day on which it is received by the meetings administrator, for the holding of the meeting.

(5) On receipt of a requisition, the meetings administrator shall, unless it is a case to which subparagraph (6) applies, issue a notification under paragraph 7 and give public notice under paragraph 8 for the special meeting required by the requisition.

(6) Where—

(a) a requisition under subparagraph (1)(c) specifies a day for the holding of a special meeting, and

(b) an ordinary meeting of the local authority is to be held on a day within the period of 10 days after the day on which the meetings administrator receives the requisition.

the business stated in the requisition shall be considered at that ordinary meeting and the special meeting shall not be convened.

Notification of meeting and agenda.

7.—(1) A notification to attend a meeting, other than a local authority budget meeting, shall—

(a) be sent or delivered to each member of the local authority concerned,

(b) specify the place, date and time of the meeting, and

(2) Paragraph 5 applies to a local authority budget meeting.

(3) In the case of a meeting requisitioned under section 140 or convened under section 34 or 146 the relevant section applies in relation to such meeting.

(4)(a) A notification shall include or be accompanied by an agenda listing the business proposed to be transacted at the meeting.

(b) An agenda which has been sent or delivered for the purposes of subparagraph (1) may be altered (whether by way of addition, deletion or otherwise) if an agenda paper specifying the alteration is delivered or sent to each member not less than 3 clear days before the day on which the meeting is to be held.

(5) In the case of a special meeting convened under paragraph 6, a copy of the requisition shall be sent with the notification.

(6) Subject to subparagraph (7), a notification shall have the signature of the meetings administrator and any document claiming to have that signature shall be deemed, until the contrary is proved, to have been duly issued or given with the authority of the local authority.

(7) Non-receipt of a notification by any member or lack of a signature or any other defect in the notification does not affect the validity of a meeting or of any act or thing done at the meeting.

(8) For the purposes of this paragraph “signature” includes a facsimile of a signature by whatever process reproduced or a printed version, whether original or facsimile, of the name of the meetings administrator and a printed version of that name, whether original or facsimile, shall be deemed to have been duly placed on the document by or with the consent of the meetings administrator until the contrary is proved.

(9) The meetings administrator shall, where practicable, advise the Cathaoirleach as regards the business of a meeting.

Public notice of meetings.

8.—(1)(a) Notice of the place, date, and time of a meeting other than a local authority budget meeting shall be displayed not less than 3 clear days before the day of the meeting in or at the principal offices of the local authority in a position convenient for public inspection during normal office hours.

(b) A notice referred to in clause (a) shall include the agenda for the meeting or shall specify a place where the agenda can be inspected and in the case of a meeting requisitioned under paragraph 6 or under section 140 the agenda shall include or be accompanied by a copy of the requisition.

(2)(a) On request, a local authority shall supply a copy of a public notice and agenda to any person seeking such copy.

(b) A local authority may make arrangements for the supply to the media of copies of a public notice and agenda referred to in clause (a).

(c) A local authority may charge such fee, if any, as it may fix for the supply of the copy of the public notice and agenda but no fee shall exceed the reasonable cost of providing the copy.

(3) By resolution or standing orders, a local authority may make such additional arrangements for the giving of public notice of meetings, including display of notice at additional locations, including but not limited to public libraries, or publication in a newspaper, electronically or otherwise, as it considers appropriate.

(4) Failure to display or to supply a copy of a notice by virtue of this paragraph does not affect the validity of a meeting or of any act or thing done at the meeting.

Business of meeting.

9.—Subject to paragraph 16, no business shall be transacted at a meeting other than that specified in the agenda which relates to the meeting or business required by this Act or otherwise by law to be transacted at the meeting.

Chairing of meetings.

10.—(1) If present at a meeting, the Cathaoirleach shall chair it.

(2) If and for so long as the Cathaoirleach is not present, or the office of Cathaoirleach is vacant, the Leas-Chathaoirleach shall chair the meeting if he or she is present but shall leave the chair on the arrival at the meeting of the Cathaoirleach or, in the case of a meeting to fill a casual vacancy in the office of Cathaoirleach in accordance with section 38 or F302[…], following the election of a Cathaoirleach at that meeting.

(3) In any other case, the meeting shall proceed to the election of one of the members present to chair the meeting and such member shall leave the chair on the arrival at the meeting of the Cathaoirleach or Leas-Chathaoirleach.

(4) It is the duty of a Cathaoirleach, Leas-Chathaoirleach or any other member who is required in accordance with this paragraph to chair a meeting to take the chair and to proceed with the business of the meeting.

(5) The procedure for the chairing of an annual meeting in an election year until the election of a Cathaoirleach at such meeting by virtue of section 36 shall be specified in standing orders and may include provision, subject to subparagraph (6), for the taking of the chair for this period by a member or by an employee of the local authority concerned.

(6) Any member selected to chair an annual meeting under subparagraph (5) shall not have a second or casting vote and the employee of the local authority, if so selected in accordance with that subparagraph, shall not have any vote.

Quorum.

11.—(1) The quorum for a meeting of a local authority is one-fourth of the total number of members of the local authority plus one or, where one-fourth of such total number is not a whole number, the quorum is the next highest whole number plus one.

(2) Whenever a meeting of a local authority is abandoned owing to failure to obtain a quorum, the names of those members present at the time and place appointed for such meeting shall be recorded by the meetings administrator and they shall for all purposes be deemed to have attended a duly constituted meeting.

Doing of acts and determination of questions.

12.—(1) Each member present at a meeting of a local authority shall have a vote unless prohibited from voting by this or any other enactment.

(2) All acts of a local authority which are reserved functions or questions duly coming or arising before a meeting of a local authority shall be determined—

(a) by a majority of the votes of the members present and voting, or

(b) where there is an equality of votes, by a second or casting vote of the person chairing the meeting (which person shall have and may choose to exercise such a vote).

(3) This paragraph is without prejudice to the other provisions of this Act (including provisions required to be included in standing orders by virtue of paragraph 16) or of any other enactment, requiring either the presence of a specified number or proportion of the members or that a specified number or proportion should vote in favour for the doing of any particular act.

(4) Nothing in this paragraph shall be read as prohibiting a local authority from setting out in standing orders the procedures and methods of voting including when a roll call vote is to be taken.

Disorderly conduct.

13.—(1) If—

(a) in the opinion of the person chairing a meeting (in this paragraph referred to as the “chair”), any member has been or is disorderly by persistently disregarding the ruling of the chair, or by behaving irregularly, improperly or offensively, or by otherwise obstructing the business of the meeting, and

(b) the chair has conveyed his or her opinion to the members present by naming the member concerned,

then the chair or any member may move “that the member named leave the meeting” and the motion, if seconded, shall be put and determined without discussion.

(2) Where a local authority decides in accordance with subparagraph (1) that a member leave a meeting, that member shall immediately leave the meeting and shall not be entitled to speak or to take any further part in that meeting on that day.

(3) Where in the opinion of the chair—

(a) there is general disorder which impedes the orderly transaction of business, or

(b) where a member against whom it was resolved that he or she leave the meeting by virtue of this paragraph refuses to do so,

the chair may adjourn the meeting for such period as he or she considers necessary in the interests of order.

F303[(4) Where at a meeting—

(a) it has been resolved in accordance with subparagraph (1) that a member leave a meeting and the chair adjourns the meeting under subparagraph (3) because the member refuses to leave, and

(b) it has been resolved by further resolution that the member was the cause of the meeting being so adjourned,

then any remuneration to, and any allowances for expenses incurred, by that member concerned, as provided for by regulations under section 142, shall be reduced for the period of 12 months (irrespective of whether or not a local election is to be held during that period) from the date of the meeting concerned as follows:

(i) on the first occasion of it being resolved that the member refused to so leave, 10 per cent;

(ii) on the next or subsequent occasions of it being so resolved and where paragraph (iii), (iv), (v) or (vi) does not apply, 10 per cent;

(iii) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (i) or (ii) relates, 30 per cent;

(iv) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (iii) relates, 50 per cent;

(v) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (iv) relates, 70 per cent;

(vi) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (v) relates, 90 per cent.

(5)(a) Where at a meeting—

(i) the resolutions referred to in clauses (a) and (b) of subparagraph (4) have been resolved, and

(ii) where, following the chair expressing the further opinion that the member has continued to be disorderly by disregarding the ruling of the chair, or by behaving irregularly, improperly or offensively, or by otherwise obstructing the business of the meeting and the chair has conveyed such further opinion to the members present by naming the member concerned, it has been resolved further by at least two-thirds of those present and voting, on a motion moved by the chair or any member (which motion, if seconded, shall have been put and determined without discussion) that for a specified period “the member stand suspended with immediate effect from all meetings of the local authority and any committee of the local authority, and all meetings of municipal district members” and the period so specified is, subject to clause (c), for at least one month but does not exceed 3 months,

then the consequences provided for by subparagraph (4) shall not apply to the member concerned in relation to that suspension except and to the extent provided for by clause (g) in respect of any other suspension.

(b) Having regard to clause (f), the members of the local authority may, at any subsequent meeting during the period specified in the resolution under clause (a) (ii), pass a further resolution lifting the suspension, and the suspension shall be lifted with immediate effect.

(c) If, within a period of 3 months following the ending of a suspension in accordance with clause (a) or (b), further resolutions to which clause (a) relates are proposed to be adopted in respect of that member, then the period provided for in a resolution under clause (a) (ii) shall be at least 3 months but shall not exceed 6 months.

(d) Having regard to clause (f), a suspension under this subparagraph shall cease to have effect on the ordinary day of retirement.

(e) Where a resolution under clause (a) suspending a member has been passed, the member concerned shall not be entitled to attend, speak at or take any part in any meetings of the local authority and any committee of the local authority, and any meetings of municipal district members, and notwithstanding the provisions of paragraphs 6 and 7, shall not be entitled to present a request to the Cathaoirleach to require a special meeting of the local authority to be convened and shall not be entitled to receive any services in respect of meetings of the local authority or any committee of the local authority, or meetings of municipal district members, including the agenda and papers circulated to members, for the period specified in the resolution while it remains in force.

(f) No remuneration to, or allowances for expenses incurred, by the member concerned, as provided by regulations under section 142, shall be paid (irrespective of whether a local election is to be held during the period concerned) for the duration of the suspension to which clause (a) or (c) relates. Notwithstanding any lifting of a suspension in accordance with clause (b), or cessation of a suspension in accordance with clause (d), such lifting or cessation shall not have the effect of reducing the period in respect of which remuneration or allowances for expenses incurred are not to be paid as a consequence of the suspension.

(g) The suspension of remuneration or allowances for expenses incurred by virtue of clause (f) shall, during the suspension period specified in the resolution under this paragraph, supersede any reduction in remuneration or allowances for expenses that would, but for this clause, be incurred under subparagraph (4) but shall not affect any such reduction after the suspension period so specified.

(6) The chief executive, following consultation with the Cathaoirleach, may make such provision for the exclusion or, where necessary, the removal from any meeting of the local authority or any committee of the local authority, or meeting of municipal district members, of the member suspended in accordance with subparagraph (1) or (5) as appear necessary to the chief executive.]

Minutes.

14.—(1) Minutes of the proceedings of a meeting of a local authority shall be drawn up by the meetings administrator.

(2) The minutes shall include—

(a) the date, time and place of the meeting,

(b) the names of the members present at the meeting,

(d) reference to any report submitted to the members at the meeting,

(e) where there is a roll call vote, the number and names of members voting for and against the motion and of those abstaining,

(f) particulars of all resolutions passed at the meeting, and

(g) such other matters considered appropriate.

(3) A copy of the minutes of a meeting shall be sent or given by the meetings administrator to each member of the local authority.

(4) Minutes of a meeting shall be submitted for confirmation as an accurate record at the next following ordinary meeting, where practicable, or where not, at the next following meeting and recorded in the minutes of that meeting.

(5) When confirmed, with or without amendment, the minutes of a meeting shall be signed by the person chairing the meeting they were submitted to for confirmation and any minutes claiming to be so signed shall be received in evidence without proof.

(6) Until the contrary is proved, every meeting in respect of the proceedings of which minutes have been confirmed shall be deemed to have been duly convened and held and all the members at the meeting shall be deemed to be duly qualified.

(7) A copy of the minutes of a meeting when confirmed in accordance with subparagraph (5) shall be open to inspection at the principal offices of the local authority and any person may inspect and make a copy of, or abstract from, the minutes during the usual office hours of the authority.

(8) A copy of the minutes shall be provided to any person applying for them on payment of such reasonable sum, if any, being a sum not exceeding the reasonable cost of supplying the copy, as may be fixed by the local authority.

(9) Each local authority shall make proper arrangements for the safe keeping of the minutes of the authority.

Record of attendance at meetings and address for correspondence.

15.—(1) Each local authority is responsible for the maintenance of a record of attendance at its meetings.

(2) The attendance of each member present at a meeting shall be entered by that member in a record kept for that purpose by the local authority.

(3) Where any provision of this Act provides for the delivery or sending of a document to a member such document shall be sent to the address supplied in writing by the member.

(4) Where any provision of this Act provides for the delivery or sending of a notice to the F301[chief executive], meetings administrator or to the principal offices of a local authority such notice shall be sent or delivered to the address of such office of the local authority as shall be fixed for that purpose by the F301[chief executive] and such address shall be included in the standing orders of the local authority.

Standing orders.

16.—(1) (a) A local authority shall, subject to this Act and by resolution for which at least one-half of the total number of members of the authority vote in favour, make standing orders for the regulation of its meetings and proceedings.

(b) A local authority may include in standing orders all such incidental, consequential or supplementary provisions as may appear to the local authority to be appropriate for that purpose.

(2) A local authority may, by resolution for which at least one-half of the total number of members of the authority vote in favour, amend or revoke standing orders and make new standing orders.

(3)(a) A copy of standing orders shall be sent or delivered by the meetings administrator to each member on his or her coming into office, or as soon as practicable thereafter, and as soon as may be practicable after new standing orders have been made.

(b) A copy of any amendment to standing orders shall likewise be supplied to each member.

(4) Without prejudice to the generality of subparagraph (1), a local authority shall include in standing orders provisions for the following:

(a) a schedule of ordinary meetings;

(b) commencement, adjournment and termination of meetings;

(c) the chairing of an annual meeting in an election year where the Cathaoirleach falls to be elected in accordance with section 36;

(d) the revocation of resolutions subject to a requirement that such number of members as is specified in standing orders, which shall be at least one-half of the total number of members of the authority, vote in favour and subject to such other requirements as may be so specified;

(e) dealing with urgent business related to a function of the local authority, subject to a requirement that such number of members as is specified in standing orders, which shall be at least one-half of the total number of members of the authority, vote in favour and subject to such other requirements as may be so specified;

(f) the procedures to be followed for the doing of acts and the determination of questions, including the procedures and methods of voting and when a roll call vote is to be taken;

(g) the suspension of any provision of standing orders other than those to which clauses (d), (e) and (f) relate and subject to a requirement that at least two-thirds of the members present vote in favour and to such other requirements as may be specified in standing orders;

(h) the address for the purposes of paragraph 15(4).

(5) The Minister may issue general directions to local authorities in relation to standing orders and the provisions to be included in them.

(6)(a) Subject to this Act and to any other relevant enactment, standing orders of a local authority may include provisions to regulate the proceedings and business of committees established by the authority, as it may consider appropriate.

(b) Subject to clause (a), a committee may regulate its own business and proceedings by way of its own standing orders or otherwise.

Committees.

17.—(1) Paragraphs 12, 13, 14 and 15, and paragraph 16 in so far as it is relevant, apply in relation to a committee of a local authority F301[or, subject to any regulations made under section 44(3), a joint committee] with any necessary modifications.

F303[(1A) In the application under subparagraph (1) of paragraph 13, nothing shall be read as enabling a committee of a local authority or a joint committee passing a resolution to suspend a person other than from the committee or joint committee itself.]

(2) The quorum for a meeting of a committee shall be such as may be fixed by the local authority which established it but in no case shall be less than 3.

Right to form groups for certain appointments.

18.—(1) Where 2 or more persons are to be appointed by a local authority to a body to which this paragraph applies, then—

(a) any group of members who are present at the meeting at the time when the business of making the appointments is reached and comprising the number of members necessary for the purposes of this paragraph may nominate a person to be a member of that body and the person shall be so appointed on that nomination without any vote being taken, and

(b) the members of the body then remaining to be appointed shall be appointed successively by the members of the local authority who are not members of any group referred to in clause (a) and who were present at the meeting at the time when the business of making the appointments was reached.

(2)(a) Subject to clause (b) the number of members necessary to form a group for the purposes of this paragraph shall be obtained by dividing the total number of members present at the meeting of the authority at the time when the business of making the relevant appointments is reached by the number of the appointments to be so made, or, where the number so obtained is not a whole number, the whole number next above the number so obtained.

(b) No member of a local authority shall be a member of more than one group for the purposes of this paragraph.

(3) This paragraph applies to the following bodies:

(a) a committee of a local authority;

(b) a joint committee or joint body of one or more local authorities;

(d) a harbour authority within the meaning of the Harbours Act, 1946;

(e) a school attendance committee within the meaning of the School Attendance Act, 1926;

(f) a regional authority established by order under section 43 of the Local Government Act, 1991;

(g) a regional tourism organisation;

(h) the General Council of County Councils;

(i) the Association of Municipal Authorities of Ireland;

(j) a county enterprise board within the meaning of the Industrial Development Act, 1995;

(k) a LEADER group established in the framework of an EU community initiative for rural development;

(l) the Dublin Transportation Office Advisory Committee;

(m) an Area Partnership Board;

(n) such other body or bodies as may be specified by order of the Minister either generally or in respect of one or more specified local authorities.

(4)(a) This paragraph applies to the appointment of—

(i) members of a local authority, and

(ii) other persons who are not members (where such appointment is authorised by or under any enactment),

to a body referred to in subparagraph (3), whether by way of nomination or election.

(b) Clause (a) does not apply as regards the appointment of persons who are not members of a local authority to membership of a strategic policy committee, a municipal policy committee, a local consultative committee, F304[an education and training board] or a school attendance committee.

(5) This paragraph shall not be read so as to make unnecessary for appointment to any office, post or position, the possession of any special knowledge, experience or other qualification the possession of which is required by law for appointment to the office, post or position.

(6) This paragraph shall not be read so as to affect the entry to or tenure of membership of any body, or any other office, held by virtue of being an office holder.

(7) F305[…]

Equity in appointments, etc

19.—(1) A local authority shall seek to promote the objective of an appropriate gender balance in the making of appointments by it to bodies to which paragraph 18 applies and to other bodies.

(2) The Minister may issue guidelines as regards the objective referred to in subparagraph (1), and a local authority shall comply with any such guidelines in the making of its appointments to the bodies concerned.

(3) A local authority may by resolution make rules for the purpose of ensuring that appointments made by it to bodies to which paragraph 18 applies and to other bodies are made fairly and equitably, taking account of the various interests represented on the authority and the totality of the appointments to be made to those bodies.

(4) Nothing in this paragraph shall be read as prohibiting the operation of paragraph 18 by any group of members except that any member who voted for a resolution under this paragraph shall not—

(a) form any part of a group by virtue of paragraph 18 in relation to a body to which rules referred to in subparagraph (3) apply, or

(b) vote in accordance with paragraph 18 in relation to an appointment to such body.

Annotations

Amendments:

F301
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 57(a)-(c), (e)-(f), S.I. No. 214 of 2014.

F302
Deleted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.

F303
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 57(d), (g), S.I. No. 214 of 2014.

F304
Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 37, S.I. No. 211 of 2013.

F305
Repealed (15.06.2004) by Health (Amendment) Act 2004 (19/2004), s. 3 and sch., S.I. 378 of 2004.

Modifications (not altering text):

C71
“Regional authority” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 62(2)(b), S.I. No. 214 of 20214.

Regional assemblies

62. …

(2) …

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

…

C72
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 8(5), in effect as per reg. 3.

Meetings and proceedings.

8. …

(5) Schedule 10 of the Act shall apply and have effect in relation to the meetings and proceedings of municipal districts and connected matters, with the following modifications:—

(a) as respects paragraph 1:—

(i) as if, in subparagraph (1), the reference to “a local authority” were a reference to “municipal district members”,

(ii) as if, in subparagraph (1)(b), the reference to “a local authority budget meeting” were a reference to “a meeting to consider the draft budgetary plan”,

(iii) as if, in subparagraph (2), the reference to “a local authority” were a reference to “municipal district members” as regards meetings requisitioned by virtue of paragraph 6, and the exclusion of special meetings convened for the purposes of section 140, and

(iv) in subparagraph (3), the exclusion of special meetings convened for the purposes of section 146,

(b) as respects paragraph 2 as if:—

(i) in subparagraph (2), the reference to “the principal offices of the authority” were a reference to “the offices designated by resolution of the municipal district members”,

(ii) in subparagraph (3), the reference to “local authority” were a reference to “municipal district members”, and

(iii) in subparagraph (4), the reference to “a local authority” were a reference to “municipal district members”,

(i) in subparagraph (3), the reference to “local authority” were a reference to “municipal district members”, and

(ii) in subparagraph (4), the references to “a local authority” and “the local authority were references to “municipal district members”,

(d) as respects paragraph 4:—

(i) subparagraphs (1), (5), (6) and (7) shall not apply, and

(ii) in subparagraph (4):—

(I) as if the reference to “a local authority” and the reference to “local authority” were references to “municipal district members”, and

(II) the exclusion of “joint bodies or other”,

(e) as respects paragraph 5, as if the reference to “a local authority shall hold its budgetary meeting” were a reference to “municipal district members shall hold a meeting to consider the draft budgetary plan”,

(f) as respects paragraph 6 as if:—

(i) in subparagraph (1):—

(I) the reference to “a local authority” were a reference to “municipal district members”, and

(II) the reference to “by any 5 members” were a reference to “by at least one third of the total number of municipal district members, subject to a minimum of 3 members, and where one third of the total number of municipal district members is greater than 5, by any 5 members”, and

(ii) in subparagraph (6), the reference to “local authority” were a reference to “municipal district members”,

(g) as respects paragraph 7:—

(i) as if, in subparagraphs (1) and (2), the references to “a local authority” were references to “municipal district members”,

(ii) as if, in subparagraph (1), the reference to “each member of the local authority” were a reference to “each municipal district member”, and

(iii) in subparagraph (3), the exclusion of special meetings convened for the purposes of sections 140 and 146,

(h) as respects paragraph 8 as if:—

(i) the references to “a local authority” were references to “municipal district members”, and

(ii) in subparagraph (1)(a), the reference to “at the principal offices of the local authority” were a reference to “at the normal place of meeting of the municipal district members and at the principal offices of the local authority, if different”,

(i) as respects paragraph 11 as if:—

(i) the references to “a local authority” were references to “municipal district members”, and

(ii) in subparagraph (1), the reference to “members of the local authority” were a reference to “municipal district members”,

(j) as respects paragraph 12, as if the references to “a local authority” were references to “municipal district members”,

(k) as respects paragraph 13:—

(i) as if, in subparagraph (2), the reference to “a local authority” were a reference to “municipal district members”,

(ii) as if, in subparagraph (4):—

(I) the word “where” were deleted,

(II) in clause (a), the reference to “it has been resolved” were a reference to “it may be resolved” and the reference to “adjourns” were to “may adjourn”,

(III) in clause (b), the reference to “it has been resolved” were a reference to “it may be resolved”, and

(IV) all text from “then any remuneration” to the end were deleted,

(iii) as if, in subparagraph (5)(a)(ii):—

(I) the reference to “it has been resolved further” were a reference to “it may be resolved”,

(II) the reference to “‘the member stand suspended with immediate effect from all meetings of the local authority and any committee of the local authority, and all meetings of municipal district members’” were a reference to “‘the member stand suspended with immediate effect from all meetings of the municipal district members and any committee of the municipal district members’”,

(III) the reference to “does not exceed 3 months” were a reference to “does not exceed 6 weeks”, and

(IV) the deletion of all text from “then the consequences” to the end,

(iv) as if, in subparagraph (5)(b), the reference to “members of the local authority” were a reference to “municipal district members”,

(v) as if, in subparagraph (5)(c), the reference to “shall be at least 3 months but shall not exceed 6 months” is a reference to “shall be at least 6 weeks but shall not exceed 10 weeks”,

(vi) as if, in subparagraph (5)(e):—

(I) the reference to “take part in any meetings of the local authority and any committee of the local authority, and any meetings of municipal district members” were a reference to “take part in any meetings of the municipal district members and any committee of the municipal district members”,

(II) the reference to “special meeting of the local authority” were a reference to “special meeting of the municipal district members”,

(III) the reference to “services in respect of meetings of the local authority or any committee of the local authority, or meetings of municipal district members” were a reference to “services in respect of meetings of the municipal district members or any committee meeting of municipal district members”,

(IV) with the exclusion of clauses (f) and (g), and

(vii) as if, in subparagraph (6), the reference to “removal from any meeting of the local authority or any committee of the local authority, or meeting of municipal district members” were a reference to “removal from any meeting of the municipal district members or any committee of the municipal district members”,

(l) as respects paragraph 14 as if:—

(i) in subparagraph (1), the reference to “a local authority” were a reference to “municipal district members”,

(ii) in subparagraph (3), the reference to “each member of the local authority” were a reference to “each municipal district member”,

(iii) in subparagraph (7):—

(I) the reference to “at the principal offices of the local authority” were a reference to “at the principal offices of the local authority and the normal place of meeting of the municipal district members”, and

(II) the reference to “during the usual office hours of the authority” were a reference to “during the usual office hours of the authority or during the meeting of the municipal district members, if such meeting is held in a place which is not open during the usual office hours of the authority”,

(iv) in subparagraph (8), the reference to “the local authority” were a reference to “municipal district members”, and

(v) in subparagraph (9), the reference to “each local authority” were a reference to “municipal district members” and the reference to “authority” were a reference to “members”,

(m) as respects paragraph 15 as if:—

(i) in subparagraph (1), the reference to “each local authority is” were a reference to “municipal district members are” and the reference to “its” is a reference to “their”,

(ii) in subparagraph (2), the reference to “the local authority” were a reference to “the municipal district members”, and

(iii) in subparagraph (4), the final reference to “local authority” were a reference to “municipal district members”,

(n) as respects paragraph 16 as if:—

(i) in subparagraph (1)(a), the reference to “a local authority” were a reference to “municipal district members”, the reference to “members of the local authority” were a reference to “members”, and the reference to “its meetings” were a reference to “their meetings”,

(ii) in subparagraph (1)(b), the reference to “a local authority” were a reference to “municipal district members” and the reference to “the local authority” were a reference to “members”,

(iii) in subparagraph (1)(c), the reference to “a local authority” were a reference to “municipal district members”,

(iv) in subparagraph (2), the reference to “a local authority” were a reference to “municipal district members” and the reference to “members of the authority” were a reference to “members”,

(v) in subparagraph (4), the reference to “a local authority” were a reference to “municipal district members”,

(vi) in subparagraph (4)(d), if the reference to “members of the authority” were a reference to “members”,

(vii) in subparagraph (4)(e), the reference to “the local authority” were a reference to “municipal district members” and the reference to “members of the authority” were a reference to “members”,

(viii) in subparagraph (5), the reference to “local authorities” were a reference to “municipal district members”, and

(ix) in subparagraph (6)(a), the reference to “a local authority” were a reference to “municipal district members” and the reference to “the authority were a reference to “the members”,

(o) as respects paragraph 17:—

(i) in subparagraph (1):—

(I) as if the reference to “a local authority” were a reference to “municipal district members”, and

(II) with the exclusion of “or, subject to any regulations made under section 44(3), a joint committee”, and

(ii) as if, in subparagraph (2), the reference to “local authority” were a reference to “municipal district members”,

(p) as respects paragraph 18:—

(i) as if, in subparagraph (1), the reference to “a local authority” were a reference to “municipal district members”,

(ii) as if, in subparagraph (1)(b), the reference to “the members of the local authority” were a reference to “municipal district members”,

(iii) as if, in subparagraph (2)(a), the reference to “the authority” were a reference to “municipal district members”,

(iv) as if, in subparagraph (2)(b), the reference to “member of a local authority” were a reference to “municipal district member”,

(v) in subparagraph (3):—

(I) the exclusion of clauses (b) to (m), and

(II) in clause (n):—

(A) as if the reference to “local authorities” were a reference to “municipal districts”, and

(B) the body or bodies specified for the purposes of this provision shall be a body or bodies of a local nature in or related to the municipal district, or related primarily to the municipal district, and the local authority does not make any appointment to such body or bodies, and

(vi) in subparagraph (4), the exclusion of clause (b), and

(q) as respects paragraph 19, as if the references to “a local authority” were references to “municipal district members”.

Editorial Notes:

E331
Power pursuant to schedule exercised (17.07.2002) by Local Government Act 2001 (Meetings) Regulations 2002 (S.I. No. 66 of 2002).

Sch. 12, Part 2
F306[PART 2

Responsibility primarily with a Minister of the Government other than the Minister

]

F306[ Abattoirs Act 1988

Air-raid Precautions Acts 1939 and 1946

Animals Act 1985

Arterial Drainage Acts 1945 and 1995

Arts Act 2003

Canals Acts 1986 and 2005

Casual Trading Act 1995

Civil Defence Acts 1939 to 2002

Coast Protection Act 1963

Communications Regulation Act 2002

Control of Horses Act 1996

Coroners Acts 1962 and 2005

Dangerous Substances Acts 1972 and 1979

Dublin Transport Authority (Dissolution) Act 1987

Finance (Excise Duties) (Vehicles) Acts 1952 and 1960

Food Safety Authority of Ireland Act 1998

Foreshore Acts 1933 to 2005

Gaming and Lotteries Acts 1956 to 2003

Harbours Acts 1996 to 2005

Harbours Acts 1946 to 2005

Health Acts 1947 to 2006

Health (Fluoridation of Water Supplies) Act 1960

Intoxicating Liquor Act 2003

Local Authorities (Higher Education Grants) Acts 1968 to 1992

Local Authorities (Traffic Wardens) Acts 1975 and 1987

Malicious Injuries Acts 1981 and 1986

Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Act 2003

Pounds (Provision and Maintenance) Act 1935

Roads Acts 1993 to 2001

Road Traffic Acts 1961 to 2006

Safety, Health and Welfare at Work Act 2005

Social Welfare Acts

State Authorities (Public Private Partnership Arrangements) Act 2002

Údarás na Gaeltachta Acts 1979 to 1999

Universities Acts 1997 and 1999

Valuation Act 2001

F309[Education and Training Boards Act 2013]]

Annotations

Amendments:

F308
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 115, S.I. No. 846 of 2007, art. 2.

F309
Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 37, S.I. No. 211 of 2013.

Schedule 13
SCHEDULE 13

Section 67.

Amenities, Recreation and Other Functions

Artistic, linguistic and cultural activities

The provision of art galleries, arts centres, concert halls, museums, theatres, opera houses and the holding of artistic, linguistic and cultural performances and events and promotional activities.

Sports, games and similar activities

The provision (both indoor and outdoor) of playing fields, athletic tracks, swimming pools and other bathing places, sports centres, gymnasia and other facilities and the holding of sporting events.

General recreational and leisure activities

The provision of parks, gardens, open spaces, playgrounds, play equipment, animals, picnic sites, viewing points, footpaths, walks, boats, piers, other landing places and marinas.

Civic improvements

The provision of street furniture, paving, clocks, statues, monuments and other features, illumination and decoration and other measures designed to upgrade the local environment.

General environmental and heritage protection and improvement

Landscaping, the planting of trees and other flora, measures for the conservation, preservation and protection of landscapes and habitats, of buildings and other sites and features of artistic, amenity, architectural, archaeological, historic, heritage or natural interest.

The public use of amenities (both natural and made or altered by human intervention)

The provision of access, signs, vehicle parks, safety equipment, information and refreshment facilities, sanitary accommodation, utilities, seating, shelter and any other apparatus, equipment or anything else necessary to facilitate such use.

Allotments, fairs and markets

The provision of land, buildings, services, related amenities and facilities and promotional activity.

Promotion of public safety

Support of safety programmes and events and local safety support services (including fire safety, road safety, water safety and rescue and mountain and cave safety and rescue); and provision of safety equipment.

Schedule 14
SCHEDULE 14

Section 131.

Certain Reserved Functions

1. The procedure at any meeting of a local authority or joint body.

2. The appointment, whether by way of nomination or election, of a person to be a member of a public authority.

3. The election of a Cathaoirleach or a Leas-Chathaoirleach of a local authority by that authority in accordance with Part 5 or of a chairperson of a joint body.

4. The determination of an annual rate on valuation.

5. The making, amending or revoking of a bye-law by a local authority under any other enactment where the provisions governing such making, amendment or revocation do not provide that it is a reserved function.

6. The making or revoking of an order or the passing or rescinding of a resolution by virtue of which an enactment is brought into operation in or is made to apply to the functional area or a part of such area of a local authority.

7. The application to be made to any Minister in respect of the making or revoking of any such order as is mentioned in paragraph 6.

8. The demanding (however expressed) under any enactment including this Act of the whole or a part of the expenses of a local authority or of a joint body from any other local authority.

Schedule 15
SCHEDULE 14A

Sections 131 and 131A

Sch. 15, Part 1
PART 1

Reserved Functions to be Performed, Subject to Section 131A(4), by Municipal District Members

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

Adopting or reverting to the title “Cathaoirleach” and “Leas-Chathaoirleach” and giving to the office of Cathaoirleach or Leas-Chathaoirleach alternative titles.

Section 32 and Schedule 8.

Removal from office of the Cathaoirleach or Leas-Chathaoirleach.

Section 34.

Deciding to hold special meetings; appointing days and times of meetings; appointing a regular schedule for the holding of ordinary meetings; appointing different days, times and places for different meetings; appointing the day for holding the annual meeting other than in a year in which a local election is held; making additional arrangements for the giving of public notice of meetings; resolving that a member leave a meeting; making, amending or revoking standing orders; making rules for the purpose of ensuring that appointments to bodies are made fairly and equitably.

Section 44 and paragraphs 1, 2, 3, 8, 13, 16 and 19 of Schedule 10.

Deciding to meet in committee for whole or part of a meeting where the municipal district members consider that such action is not contrary to the overall public interest.

Section 45.

Establishing a committee to consider matters connected with the functions of the local authority and to assist and advise the authority on those matters; appointing the members of a committee; and dissolving a committee.

Subsections (1) (a), (3) and (4) of section 51.

Adoption of statements regarding the economic elements of the local economic and community plan for the consideration of the elected council of the local authority.

Section 66C (inserted by section 44 of the Local Government Reform Act 2014).

Adoption of statements regarding the community elements of the local economic and community plan for the consideration of the elected council of the local authority.

Section 66C (inserted by section 44 of the Local Government Reform Act 2014).

Consideration of and making amendments to a draft budgetary plan.

Section 102(4A).

Consideration and adoption of an annual schedule of proposed works to be carried out in the district.

Section 103A.

Establishing a community fund for the purposes of supporting community initiatives.

Section 109.

Adopting a scheme for the making of an annual contribution by the occupier of each dwelling in the area to which the scheme applies towards particular community initiatives specified in the scheme.

Section 110.

Deciding, subject to the approval of the Minister, that a particular function of the municipal district members should be performed only by the local authority.

Section 131A.

A decision to pay an allowance for reasonable expenses of Cathaoirleach and Leas-Chathaoirleach and the determination of the amount of the allowance.

Section 143.

The approval of information to be included in an annual report in relation to the performance of functions by the municipal district members.

Section 221.

Deciding that a named member leave a meeting or that the member was the cause of the meeting being adjourned.

Paragraph 13 of Schedule 10.

Deciding to pay certain expenses to non-members of a local authority for attendance at committees or joint committees.

Article 9 of the Local Government (Expenses of Local Authority Members) Regulations 1993 (S.I. No. 391 of 1993).

The delegation to a designated body of a function (including maintenance) in respect of the management and control of any specified dwellings or the revocation of any such delegation.

Section 9 of the Housing (Miscellaneous Provisions) Act 1992.

The delegation to a designated body of a function (including maintenance) in respect of the management and control of a dwelling or the revocation of any such delegation.

Section 30 of the Housing (Miscellaneous Provisions) Act 2009.

Making representations to the Minister in relation to an order made by the Minister closing particular roads to vehicles.

Section 94 of the Road Traffic Act 1961.

The making of arrangements in relation to school wardens.

Section 96 of the Road Traffic Act 1961.

Entry into an agreement for the exercise of power under the Local Authorities (Traffic Wardens) Act 1975 by another local authority.

Section 7 of the Local Authorities (Traffic Wardens) Act 1975.

The making of an order declaring a road to be a public road and consideration of objections or representations in relation to such declaration.

Section 11 of the Roads Act 1993, as applied by section 180 of the Act of 2000.

The making of an order abandoning a public road and the consideration of objections or representations in relation to a proposal to abandon a public road and the report and any recommendations of a person appointed to conduct an oral hearing.

Section 12 of the Roads Act 1993.

The making of an order extinguishing a public right of way and the consideration of objections or representations in relation to a proposal to extinguish a public right of way and the report and any recommendations of a person appointed to conduct an oral hearing.

Section 73 of the Roads Act 1993.

The making of a resolution (pursuant to regulations under section 35(2) (l) of the Road Traffic Act 1994) specifying the places in which vehicles may be parked either indefinitely or for any period not exceeding a specified period.

Section 35 of the Road Traffic Act 1994.

Making of bye-laws for the control and regulation of the parking of vehicles in specified places on public roads (including provision for the payment of fees for parking) and the consideration of observations or representations in relation to draft bye-laws.

Section 36 of the Road Traffic Act 1994.

Making of a resolution to determine the manner in which fees in respect of parking shall be disposed of.

Section 36 of the Road Traffic Act 1994.

The making of a decision to provide or remove prescribed traffic calming measures and the consideration of observations or representations in relation to a proposal to provide or remove such measures.

Section 38 of the Road Traffic Act 1994.

The making of bye-laws in relation to stands for taxis.

Section 84 (as amended by section 15 of the Road Traffic Act 2002) of the Road Traffic Act 1961.

Making, or refusing to make, or revocation or amendment of, a tree preservation order.

Section 205 of the Act of 2000.

Making of bye-laws in relation to the control, regulation, supervision and administration of casual trading.

Section 6 of the Casual Trading Act 1995.

The extinguishment of a market right.

Section 8 of the Casual Trading Act 1995.

The making, review, amendment or replacement of a litter management plan.

Section 13 of the Litter Pollution Act 1997.

Making bye-laws for the purposes of preventing the creation of, and controlling, litter.

Section 21 (as amended by section 57 of the Protection of the Environment Act 2003) of the Litter Pollution Act 1997.

The making of submissions to a fire authority regarding a proposed indoor event that requires a licence.

Section 23 of the Licensing of Indoor Events Act 2003.

The approval of a draft bye-law, the consideration of submissions in relation to such draft bye-law and the making, amendment or revocation of a bye-law.

Section 199.

Adopting, amending or rescinding a resolution concerning the expiry times of a special exemption order.

Section 5 (as amended by section 11 of the Intoxicating Liquor Act 2003) of the Intoxicating Liquor Act 1927.

Making of bye-laws in respect of the use of temporary dwellings.

Section 30 of the Local Government (Sanitary Services) Act 1948.

Making an order prohibiting the erection or retention of temporary dwellings.

Section 31 of the Local Government (Sanitary Services) Act 1948.

Making bye-laws in relation to any national monument of which the local authority is the owner or the guardian.

Section 9 of the National Monuments (Amendment) Act 1987.

Adopting a proposal to substitute a new placename in respect of a place.

Section 189 (as amended by section 48 of the Environment (Miscellaneous Provisions) Act 2011).

Deciding to hold a ballot in respect of a proposal to change a placename or deciding not to proceed with the proposal.

Section 189 (as amended by section 48 of the Environment (Miscellaneous Provisions) Act 2011).

Adopting or rescinding Part III (Licensing for Gaming of Amusement Halls and Funfairs) of Gaming and Lotteries Act 1956.

Section 13 of the Gaming and Lotteries Act 1956.

Decision to make a charge in relation to amenities, facilities, services or any other thing provided by a local authority under section 66 of the Local Government Act 2001.

Section 66.

Making of rules in relation to arrangements for attendance and raising of issues by interested persons at meetings.

Section 127.]

Annotations

Amendments:

F310
Schedule inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(4) and sch. 3, S.I. No. 214 of 2014.

F311
Substituted by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 237(b), not commenced as of date of revision.

Modifications (not altering text):

C74
Prospective affecting provision: ref. no. 40 substituted by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 237(b), not commenced as of date of revision.

…

F311[40

Making bye-laws in relation to any national monument (LA) within the meaning of section 74 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023.

Section 83 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023.]

…

Sch. 15, Part 2
F312[PART 2

Reserved Functions that May be Performed under Section 131A(1) (b) in Respect of a Municipal District by Municipal District Members or the Local Authority

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

A decision of a local authority to confer a civic honour on a person.

Section 74.

A decision to enter into arrangements for twinning with any other area.

Section 75.

A decision to incur reasonable expenditure for or in connection with the provision of receptions and entertainment and the making of presentations.

Section 76.

Requiring that specified action be taken in accordance with section 127 for the purpose of consultation with the local community.

Section 127.

Determining the policy of the local authority or the municipal district members.

Section 130.

Directing that a second legal opinion be obtained by the local authority in relation to the exercise or performance of a reserved function.

Section 132.

Deciding that a report on the capital programme may be considered at a meeting other than the local authority budget meeting.

Section 135.

Requiring a chief executive to prepare and submit plans, specifications and an estimate of cost of any particular work specified in a resolution.

Section 137.

Directing a chief executive to inform the council of the manner in which he or she proposes to perform any specified executive function of the local authority.

Section 138.

Requesting a member of a local authority to present a report on the activities and operation of another body to which the member is elected, appointed or nominated by that authority.

Section 141.

Approving a proposal of the chief executive to grant permission for the development of land which would contravene materially the development plan or local area plan.

Section 34 (as amended by Schedule 2 to the Local Government Reform Act 2014) of the Act of 2000.

A decision in relation to the making, amendment or revocation of a local area plan within the meaning of the Act of 2000.

Section 20 (as amended by section 9 of the Planning and Development (Amendment) Act 2002 and section 13 of the Planning and Development (Amendment) Act 2010) of the Act of 2000.

The making of an addition to, or a deletion from, a record of protected structures to which Part IV of the Act of 2000 relates.

Section 54 of the Act of 2000.

Approving, amending or revoking a special planning control scheme.

Section 85 and 86 of the Act of 2000.

Deciding to vary or modify a proposed local authority own development, or deciding not to proceed with the development.

Section 179 of the Act of 2000.

Making, or refusing to make an order creating a public right of way over any land.

Section 207 of the Act of 2000.

Deciding to vary or modify, or not to proceed with, an event proposed to be carried out by a local authority.

Section 238 of the Act of 2000.

The preparation, making, adoption or variation of a housing services plan, or draft plan.

Section 14 of the Housing (Miscellaneous Provisions) Act 2009.

The making of a decision in relation to the representation of the views of the local community.

Section 64.

A decision by a local authority to provide assistance in money or in kind under section 66 for promotion of the interests of the local community.

Section 66.

A declaration that a body be a recognised association for the purposes of section 128.

Section 128.

Observations in regard to a preliminary flood risk assessments, a flood hazard map, a flood risk map, or both such maps, a flood risk management plan, and a flood risk management scheme, prepared by the Commissioners of Public Works in Ireland; deciding whether to adopt or otherwise a flood risk management plan; and objection to the issue of a certificate of completion of flood risk management works.

Sections 8, 12, 18, 20, 27 and 40 of European Communities (Assessment and Management of Flood Risks) Regulations 2010 (S.I. No. 122 of 2010).

Consideration of and observations in regard to a drainage scheme prepared by the Commissioners of Public Works in Ireland.

Section 5 of Arterial Drainage Act 1945.

Objection to the issue of a certificate of completion of drainage works.

Section 13 of Arterial Drainage Act 1945.

]
Annotations

Amendments:

F312
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(4) and sch. 3, S.I. No. 214 of 2014.

Editorial Notes:

E332
Conditions, restrictions and other procedures in relation to the performance by municipal district members of reserved functions under this Part provided (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014).

Sch. 15, Part 3
F313[PART 3

Reserved Functions to be Performed by the Local Authority

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

Extending the period of permitted absence from attendance at local authority meetings.

Section 18.

Adopting a proposal for the alteration of the number of members of certain local authorities.

Section 22.

Adopting or reverting to the title “Cathaoirleach” and “Leas-Chathaoirleach” and giving to the office of Cathaoirleach or Leas-Chathaoirleach alternative titles.

Section 32 and Schedule 8.

Removal from office of the Cathaoirleach or Leas-Chathaoirleach or the chairperson of any strategic policy committee.

Section 34 (as amended by section 38 of the Local Government Reform Act 2014).

Deciding to fix the day or days for the first meetings of the municipal district members for each of the municipal districts within the functional area of the local authority.

Paragraph 4 Schedule 10 (as amended by section 57 of the Local Government Reform Act 2014).

Deciding to hold special meetings; appointing days and times of meetings; appointing a regular schedule for the holding of ordinary meetings; appointing different days, times and places for different meetings; appointing the day for holding the annual meeting other than in a year in which a local election is held; making additional arrangements for the giving of public notice of meetings; resolving that a member leave a meeting; making, amending or revoking standing orders; and making rules for the purpose of ensuring that appointments to bodies are made fairly and equitably.

Section 44 and paragraphs 1, 2, 3, 8, 13, 16 and 19 of Schedule 10.

Deciding to meet in committee for whole or part of a meeting where the authority considers that such action is not contrary to the overall public interest.

Section 45.

Establishing a committee to consider matters connected with the functions of the local authority and to assist and advise the authority on those matters or to perform functions of the authority; appointing the members of a committee; and dissolving a committee.

Section 51.

Establishing a joint committee of 2 or more local authorities to consider and advise on specified matters, or to perform functions delegated to it, delegating reserved functions to a joint committee and dissolving such a committee.

Section 52.

Making the integrated local economic and community plan.

Section 66C(4) (inserted by section 44 of the Local Government Reform Act 2014).

Preparing, reviewing and updating the implementation strategy for the economic elements of the local economic and community plan.

Section 66E (inserted by section 44 of the Local Government Reform Act 2014).

Entering into an agreement with another local or public authority for the performance by one of the authorities concerned of any function of the other.

Section 85.

Adopting the draft local authority budget.

Section 103 (substituted by section 58 of the Local Government Reform Act 2014).

Determining the annual rate on valuation to be levied.

Section 103 (substituted by section 58 of the Local Government Reform Act 2014).

Specifying a local electoral area or local electoral areas within the administrative area of the local authority where owners of vacant premises shall be entitled to claim and receive a refund of differing proportion of such rate to that that would otherwise apply to the rest of the administrative area and deciding what proportion of refund shall apply in respect of each of those specified electoral districts.

Section 14 (as amended by section 31 of the Local Government Reform Act 2014) of the Local Government Act 1946, section 20 (as so amended) of the Cork City Management Act 1941 and section 71 (as so amended) of the Local Government (Dublin) Act 1930.

Adoption of a schedule of proposed works of maintenance and repair to be carried out in a municipal district, if the schedule is not adopted by the municipal district members.

Subsection (4) of section 103A (inserted by section 58 of the Local Government Reform Act 2014).

Authorising the incurring of additional expenditure and adopting and amending a scheme authorising the chief executive to incur additional expenditure without prior approval of the elected council.

Section 104.

Requiring the preparation and submission to the local authority members of financial statements.

Section 105.

A decision to borrow money or to lend money to another local authority.

Section 106.

Delegation of additional functions to municipal district members or revocation of such delegation.

Section 131A (inserted by section 21 of the Local Government Reform Act 2014).

Performing, in accordance with regulations, a specified function in place of municipal district members in a particular case or occasion.

Section 131A (inserted by section 21 of the Local Government Reform Act 2014).

Extending a direction by the Cathaoirleach of a county council, a city council or a city and county council requiring the chief executive to refrain from doing a particular act, matter or thing.

Section 133.

Approving the corporate plan with or without amendment.

Section 134.

Adopting the draft local authority service delivery plan.

Section 134A (inserted by section 50 of the Local Government Reform Act 2014).

Directing that certain works shall not proceed.

Section 139.

Requiring a particular act, matter or thing to be done or effected in the performance of executive functions of the local authority, other than certain prescribed matters.

Section 140.

Authorisation by an elected council of one or more of its members to avail of training or attend training events.

Subsection (5A) (inserted by section 53 of the Local Government Reform Act 2014) of section 141.

Authorising representation of the authority by councillors at a conference, seminar or other meeting or event, or to avail of training or attend training events.

Section 142.

A decision to pay an allowance for reasonable expenses of Cathaoirleach and Leas-Chathaoirleach and the determination of the amount of the allowance.

Section 143.

The appointment, suspension or removal of a chief executive by a county council, a city council, or city and county council.

Sections 145 and 146.

Resolving that disposal of land which is held by a local authority shall be carried out in accordance with terms specified in the resolution, or that it shall not be carried out.

Section 183.

Making an order to declare an area to be an area of special amenity.

Section 202 of the Act of 2000.

Making, or refusing to make, or revocation or amendment of, an order designating any area or place as a landscape conservation area.

Section 204 of the Act of 2000.

The adoption of an annual report under section 221.

Section 221.

Deciding to hold or to cease to hold membership of an association of local authorities.

Section 225.

Declaring that another local authority shall be the successor of a specified joint burial board or cemetery joint committee which is to be dissolved.

Section 230.

Deciding that a named member leave a meeting of a local authority.

Paragraph 13 of Schedule 10 (as amended by section 57 of the Local Government Reform Act 2014).

Deciding that a named member was the cause of a meeting being adjourned, with a consequential reduction in remuneration and expenses.

Paragraph 13 of Schedule 10 (as amended by section 57 of the Local Government Reform Act 2014).

Deciding that a named member was the cause of a meeting being adjourned and should be suspended from attendance at meetings, with a consequential cessation of payment of remuneration and expenses for the suspension period imposed, and the early lifting of the suspension.

Paragraph 13 of Schedule 10 (as amended by section 57 of the Local Government Reform Act 2014).

Deciding to pay certain expenses to non-members of a local authority for attendance at committees or joint committees.

Article 9 of the Local Government (Expenses of Local Authority Members) Regulations 1993 (S.I. No. 391 of 1993).

Applying to the Minister to make an order under subsection (8) of section 29 of the Local Government Reform Act 2014 that the adjustment period, referred to in that section and applicable to a specified area within the administrative area of the local authority, may be extended by a period not greater than 10 years and stating the length of extension being sought.

Section 29(8) of the Local Government Reform Act 2014.

Making or amendment of a scheme for the waiver of rates and determination of classes of property in respect of which rates may be paid by instalments.

Sections 2 and 4 of the Local Government (Rates) Act 1970.

Proposing that the boundary of a county, a city, or a city and county be altered, making a statement of response to such proposal, amending the proposal and deciding to make an application to the Minister for the making of an order altering the boundary.

Section 29 of the Local Government Act 1991.

Nominating a person to be a candidate at a presidential election.

Section 16 of the Presidential Elections Act 1993.

Adopting a purchase scheme applying to the sale of dwellings.

Section 90 (inserted by section 26 of the Housing (Miscellaneous Provisions) Act 1992) of the Housing Act 1966, as amended by section 183.

The making of an agreement between authorities to enable a housing authority to perform any of its housing functions outside its functional area.

Section 109 of the Housing Act 1966.

The determination of the terms and conditions under which assistance is provided to another housing authority or an approved body.

Section 6 of the Housing (Miscellaneous Provisions) Act 1992.

Adoption of a policy for the effective performance of functions under section 58(1) of the Housing Act 1966 or an amendment to such a policy.

Section 9 of the Housing (Miscellaneous Provisions) Act 1992.

The transfer, sale or assignment of mortgages, unless it is the subject of a direction by the Minister.

Section 14 of the Housing (Miscellaneous Provisions) Act 1992.

The adoption of a traveller accommodation programme or an amendment to, or replacement of, the programme.

Section 7 of the Housing (Traveller Accommodation) Act 1998.

The making of an appointment to a local traveller accommodation consultative committee.

Section 22 of the Housing (Traveller Accommodation) Act 1998.

The making and amending of a scheme which determines the order of priority for allocation of affordable houses provided under Part V of the Planning and Development Act 2000.

Section 98 of the Act of 2000.

Making and amending a scheme that determines the order of priorities for allocation of affordable houses made available for sale under Part 2 of the Housing (Miscellaneous Provisions) Act 2002.

Section 8 of the Housing (Miscellaneous Provisions) Act 2002.

The making or amendment of an allocation scheme determining the order of priority to be accorded in the allocation of dwellings.

Section 22 of the Housing (Miscellaneous Provisions) Act 2009.

The making and revocation of a rent scheme providing for the manner in which rents and other charges in respect of dwellings shall be determined.

Section 31 of the Housing (Miscellaneous Provisions) Act 2009.

The drawing up and adoption of, and the amendment of, an anti-social behaviour strategy.

Section 35 of the Housing (Miscellaneous Provisions) Act 2009.

The adoption or amendment of a Homelessness Action Plan.

Section 40 of the Housing (Miscellaneous Provisions) Act 2009.

The adoption of a proposal to designate an apartment complex for the purpose of making the apartments available for sale to the tenants.

Section 53 of the Housing (Miscellaneous Provisions) Act 2009.

The designation of an apartment complex in accordance with a section 53 proposal.

Section 55 of the Housing (Miscellaneous Provisions) Act 2009.

The extension of the initial selling period for apartments in a designated apartment complex.

Section 56 of the Housing (Miscellaneous Provisions) Act 2009.

Functions of a road authority in relation to abandonment of a railway line.

Section 21 of the Transport Act 1950.

The making of representations by a road authority to the National Roads Authority and to the Minister for Transport regarding a proposed national road alignment.

Section 22 of the Roads Act 1993.

The making of a scheme for the establishment of a system of tolls in relation to a regional road or a local road, the making of representations to the National Roads Authority in relation to a toll scheme in relation to a national road and the making of an order revoking a toll scheme in relation to a regional road or a local road.

Sections 57 and 60 (as amended by sections 271 and 273 of the Act of 2000) of the Roads Act 1993.

The making of toll bye-laws in relation to a regional road or a local road.

Section 61 (as amended by section 274 of the Act of 2000) of the Roads Act 1993.

Entering into an agreement for financing, maintenance, construction and operation of toll roads in relation to a regional road or a local road.

Section 63 (as amended by section 275 of the Act of 2000) of the Roads Act 1993.

The making of special speed limit bye-laws.

Section 9 of the Road Traffic Act 2004.

The making of bye-laws to regulate and control skips on public roads and the consideration of objections or representations in relation to the draft bye-laws.

Section 72 of the Roads Act 1993.

Entering into an agreement with the Commissioners for Public Works in Ireland for the transfer of a bridge over a canal.

Section 16 of the Canals Act 1986.

The making of a development plan and making or refusing to make a variation of a development plan which for the time being is in force.

Sections 9, 12 and 13 of the Act of 2000.

The revocation or modification of a permission to develop land if the development to which the permission relates no longer conforms with the provisions of the development plan.

Section 44 of the Act of 2000.

Making a development contribution scheme.

Section 48 of the Act of 2000.

Making or amending a supplementary development contribution scheme.

Section 49 of the Act of 2000.

Deciding to make, subject to variations and modifications, or deciding not to make a draft planning scheme for strategic development zones.

Section 169 (as amended by section 51 of the Planning and Development (Amendment) Act 2010) of the Act of 2000.

Amending or revoking a planning scheme for strategic development zones.

Section 171 of the Act of 2000.

Adoption by a planning authority of a code of conduct for dealing with conflicts of interest and promoting public confidence in the integrity of the conduct of its business.

Section 150 of the Act of 2000.

Making or terminating of an agreement by two or more planning authorities for sharing the cost of performing functions under the Planning and Development Act 2000.

Section 244 of the Act of 2000.

Directing the manner in which a list of the planning applications received shall be made available to the members of a planning authority.

Article 27 (inserted by the Planning and Development Regulations 2006 (S.I. No. 685 of 2006)) of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

Directing the manner in which a list of planning applications in respect of which decisions were given shall be made available to the members of a planning authority.

Article 32 (inserted by the Planning and Development Regulations 2006) of the Planning and Development Regulations 2001.

Examining and considering a drainage scheme sent to a county council by the Commissioners of Public Works and providing observations to the Commissioners in regard to such scheme.

Section 5 of the Arterial Drainage Act 1945 and section 5 of the Arterial Drainage (Amendment) Act 1995

The consideration of a report on proposed coast protection works and the making of a declaration for the promotion of a coast protection scheme, the consideration of a report by the Commissioners of Public Works and the making of a declaration on the preparation and execution of a coast protection scheme, the making of a declaration that a coast protection scheme is or is not to be proceeded with and the making of an objection to the issue of a certificate of completion.

Sections 2, 5, 8, 10 and 18 of the Coast Protection Act 1963.

The making of an agreement by a fire authority to provide services for, or avail of the services of, any body or person other than a fire authority and the making of an agreement between fire authorities for the purpose of any of their functions.

Section 10 of the Fire Services Act 1981.

The making and revision by a fire authority of a plan for fire and emergency operations.

Section 26 of the Fire Services Act 1981.

The making of a financial contribution by a local authority to support or assist any person, or body of persons, engaged, or proposing to engage, in any research, survey or investigation into the nature and extent, the cause and effect, and the prevention or limitation, of air pollution or in any educational programme relating to such matters.

Section 18 of the Air Pollution Act 1987.

The making, revoking or amending by a local authority of a special control area order to prevent or limit air pollution and the giving of consent to the making of such an order by any other local authority.

Section 39 of the Air Pollution Act 1987.

Entry into an agreement with the Environmental Protection Agency to exercise or perform any function or service on behalf of the Agency.

Section 45 of the Environmental Protection Agency Act 1992.

The making, review, variation or replacement by a local authority of an air quality management plan.

Section 46 of the Air Pollution Act 1987.

The making, revision or replacement by a local authority of a water quality management plan.

Section 15 of the Local Government (Water Pollution) Act 1977.

The making by a local authority of a contribution to the funds of a person engaged in or proposing to engage in research, surveys or investigations in relation to water pollution.

Section 29 of the Local Government (Water Pollution) Act 1977.

The making by a local authority of bye-laws in relation to a harbour under its control or management, including bye-laws with respect to the use of, and the safety of navigation within, a harbour and generally with respect to the regulation of a harbour, and for the purpose of enabling it to impose charges.

Section 89 of the Harbours Act 1996 and section 199.

The making by a local authority of bye-laws declaring all or any part of its functional area to be a control area where it is satisfied that horses in that area should be licensed.

Sections 13 and 17 of the Control of Horses Act 1996.

The making of bye-laws providing certain exemptions in relation to a horse licence.

Sections 13 and 19 of the Control of Horses Act 1996.

The entering by a local authority into arrangements with another local authority, or any termination thereof, in relation to the application for and the granting of horse licences on its behalf.

Sections 13 and 20 of the Control of Horses Act 1996.

The making, replacement or revision of a water services strategic plan, an application to the Minister for an extension of not more than 3 months after the latest date for the making of a water services strategic plan, and approving a joint plan, by a water services authority.

Section 36 of the Water Services Act 2007.

The making of bye-laws, for the purpose of preventing or eliminating the entry of polluting matter to waters, prohibiting the carrying on of a specified activity.

Section 21 of the Local Government (Water Pollution) (Amendment) Act 1990.

The establishment of environmental objectives and the establishment of a programme of measures in order to achieve those objectives in relation to each river basin district.

Article 12 of the European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003).

The making and updating of a river basin management plan.

Article 13 of the European Communities (Water Policy) Regulations 2003.

The making of bye-laws in relation to presentation of waste for collection.

Section 35 of the Waste Management Act 1996.

The adoption of a library development programme.

Section 78.

Entry by a local authority into an agreement for the Health Service Executive to perform a function on the authority’s behalf.

Section 8 of the Health Act 2004.

100

The making or revoking of a determination for the provision of meals for children attending a national school situated outside the authority’s functional area.

Section 274 of the Social Welfare (Consolidation) Act 1981.

101

The making by a city council of a scheme in relation to the provision of meals (other than meals in national schools).

Section 279 of the Social Welfare (Consolidation) Act 1981.

102

The making of a decision to provide a public abattoir.

Section 19 of the Abattoirs Act 1988.

103

The making of a scheme dividing a county or city into polling districts and appointing a polling place for each polling district and an appointment of an alternative polling place for a polling district in a scheme for the time being in force.

Section 28 (as amended by section 2 of the Electoral (Amendment) Act 1996) of the Electoral Act 1992.

104

Entry into arrangements under section 15(2) or 15(3) of the Control of Dogs Act 1986and the granting of assistance (other than the provision of services of staff) under section 15(4) of that Act.

Section 15 (as amended by section 6 of the Control of Dogs (Amendment) Act 1992) of the Control of Dogs Act 1986.

105

The making of bye-laws relating to control of dogs.

Section 17 (inserted by section 211) of the Control of Dogs Act 1986.

106

Where regulations provide for the issue of polling information cards by a local authority, a decision to issue them.

Section 27.

107

The passing by a local authority of a resolution that the basic rate of local property tax should stand varied (either upwards or downwards) by a specified percentage in respect of relevant residential properties situated in the local authority’s functional area.

Section 20 of the Finance (Local Property Tax) Act 2012.

108

Establishing, dissolving or replacing a local community development committee.

Section 49A (inserted by section 36(1) of the Local Government Reform Act 2014).

109

Appointment of members of a local community development committee.

Section 128D (inserted by section 36(2) of the Local Government Reform Act 2014).

110

Approving a local and community development programme.

Section 128B (inserted by section 36(2) of the Local Government Reform Act 2014).

111

Adoption of an implementation plan setting out the steps to be taken in respect of a report of the National Oversight and Audit Commission.

Section 126D (inserted by section 61(1) of the Local Government Reform Act 2014).

112

Adoption of a statement indicating the actions already taken or planned to be taken by the chief executive to carry out the directions of the council in relation to the exercise and performance of the reserved functions are not sufficient, stating the reasons for such opinion.

Section 132 (inserted by section 47 of the Local Government Reform Act 2014).

113

The adoption of a Framework for Public Participation in Local Government.

Section 127 (inserted by section 46 of the Local Government Reform Act 2014).]

Annotations

Amendments:

F313
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(4) and sch. 3, S.I. No. 214 of 2014.

Editorial Notes:

E333
Conditions in relation to the delegation by the elected council of the local authority of reserved functions under this Part to municipal district members provided (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014).

Schedule 16
SCHEDULE 15

Section 151.

Functions to be done by Manager’s Order

1. A decision on an application under any enactment for the grant of a permission, approval, permit, consent, certificate, licence or other form of statutory authorisation.

2. A statutory notice served under the provisions of any enactment requiring compliance with such enactment.

3. A decision to take legal proceedings.

4. The acquisition or disposal of land or an agreement regarding the use of land.

5. The letting of a dwelling.

6. The acceptance of a tender.

7. The award of grants, loans or other financial assistance.

8. The appointment of staff.

Schedule 17
F314[SCHEDULE 16

Relevant Bodies to which Section 128F(1)(d) Relates

Section 36(3)

(1) Pobal

(2) Avondhu/Blackwater Partnership Limited

(3) Ballyhoura Development Limited

(4) Bray Area Partnership Limited

(5) Breffni Integrated Development Limited

(6) Carlow County Development Partnership Limited

(7) Cill Dara Ar Aghaidh Teoranta

(8) Clare Local Development Company Limited

(9) Comhar na nOileáin Teoranta

(10) Comhair Chathair Chorcaí Teoranta

(11) County Kilkenny LEADER Partnership Company Limited

(12) County Sligo LEADER Partnership Company Limited

(13) Co. Wicklow Community Partnership

(14) Donegal Local Development Company Limited

(15) Fingal Leader Partnership Company Limited

(16) Forum Connemara Limited

(17) Galway City Partnership Limited

(18) Galway Rural Development Company Limited

(19) Inishowen Development Partnership

(20) IRD Duhallow Limited

(21) Laois Community and Enterprise Development Company Limited

(22) Leitrim Integrated Development Company Limited

(23) Longford Community Resources Limited

(24) Louth LEADER Partnership

(25) Mayo North East LEADER Partnership Company Teoranta

(26) Meath Community Rural and Social Development Partnership Limited

(27) Monaghan Integrated Development Limited

(28) North and East Kerry LEADER Partnership Teoranta

(29) North Tipperary LEADER Partnership

(30) Northside Partnership Limited

(31) Offaly Integrated Local Development Company Limited

(32) People Action Against Unemployment Limited

(33) Rathmines Pembroke Community Partnership Limited

(34) Roscommon Integrated Development Company Limited

(35) South and East Cork Area Development Partnership Limited

(36) South Dublin County Partnership Limited

(37) South Kerry Development Partnership Limited

(38) South Tipperary Development Company Limited

(39) South West Mayo Development Company Limited

(40) Southside Partnership DLR Limited

(41) The Ballyfermot / Chapelizod Partnership Company Limited

(42) The Ballymun Partnership Limited

(43) The Blanchardstown Area Partnership Limited

(44) Tolka Area Partnership Limited

(45) Waterford Area Partnership Limited

(46) Waterford LEADER Partnership Limited

(47) West Cork Development Partnership Limited

(48) West Limerick Resources Limited

(49) Westmeath Community Development Limited

(50) Wexford Local Development.]

Annotations

Amendments:

F314
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 36(3) and sch. 5, S.I. No. 214 of 2014.

Elected Members

LOCAL GOVERNMENT ACT 2001

Interpretation generally.

Regulations, orders and directions.

Repeals, revocation and amendment of enactments.

Local government areas.

Establishment, titles and administrative areas of local authorities and consequential provisions.

Local Authority Membership

Eligibility for local authority membership.

Disqualifications from local authority membership.

Application of disqualification to members of Dáil Éireann and Seanad Éireann.

Prohibition on multiple membership of local authorities.

Offence to act when disqualified.

Cesser of membership.

Term of office.

Resignation from membership.

Casual vacancies.

Temporary absences

Savers (Part 3).

Number of members of local authorities, etc.

Alteration of number of members of local authority.

Municipal districts

Members for municipal districts

Cathaoirleach of municipal district

Local Elections

Local electoral areas.

Cathaoirleach and Leas-Chathaoirleach

Cathaoirleach and Leas-Chathaoirleach.

Alternative titles to Cathaoirleach and Leas-Chathaoirleach, etc.

Resignation of Cathaoirleach or Leas-Chathaoirleach.

Removal of Cathaoirleach or Leas-Chathaoirleach from office.

Election by Local Authority

Application of Chapter to municipal district members.

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

Method of election of Cathaoirleach by local authority.

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

Direct Election

The Elected Council

Reserved functions.

Performance of reserved functions in respect of municipal district members

Reserved functions: duty of manager.

Corporate policy group.

Corporate plan.

Local authority service delivery plans

Report on capital programme.

Furnishing of information to elected council.

Plans, specifications to be prepared for elected council.

Prior information to elected council.

Direction that works not proceed.

Requirement that a particular thing be done.

Duty of members appointed to other bodies.

Members’ expenses, remuneration, etc.

Allowance for Cathaoirleach and Leas-Chathaoirleach.

Land disposals, notification of members.

Exercise of certain land functions.

SCHEDULE 5

Local Government Areas

Names of Counties and of Local Authorities in the Irish Language

Names of Counties and of Local Authorities in the English Language

Number of Members of Local Authorities

Meetings and Proceedings of Local Authorities

Responsibility primarily with a Minister of the Government other than the Minister

Amenities, Recreation and Other Functions

Certain Reserved Functions

Functions to be done by Manager’s Order

Relevant Bodies to which Section 128F(1)(d) Relates

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