Proceedings
LOCAL GOVERNMENT ACT 2001
PART 6
Meetings and Proceedings of Local Authorities
Section 44
Application (Part 6).
44.—(1) This Part and Schedule 10 apply and have effect in relation to the meetings and proceedings of local authorities and to connected matters.
(2) Meetings of a local authority or a joint body may be held in Irish or in English or in both languages.
(3) In respect of meetings and proceedings of joint bodies, the Minister may by regulations under this subsection—
(a) make provisions corresponding to those provided for local authorities under this Part and Schedule 10,
(b) apply this Part or Schedule 10, with any necessary modification or adaptation,
and any such provisions apply and have effect in relation to such meetings and proceedings.
(4)(a) Subject to paragraph (b), any provision provided for by or under statute relating to meetings and proceedings of a joint body to which that paragraph relates, and in force immediately before the commencement of this provision, continues in operation until it ceases to have effect under paragraph (b).
(b) On the commencement of regulations under subsection (3), the matters with respect to which the regulations were made are governed by those regulations, and any previous provisions (whether made by or under statute) as may be specified in those regulations relating to those matters cease to have effect as respects the body mentioned in the regulations to such extent as may be so specified.
Annotations
Modifications (not altering text):
C23
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 8(1), in effect as per reg. 3.
Meetings and proceedings.
8. (1) The provisions of section 44 of the Act shall apply and have effect in relation to the meetings and proceedings of municipal district members and connected matters:—
(a) as if the references to “local authority” and “local authorities” were references to “municipal district members”, and
(d) with the exclusion of “or a joint body” in subsection (2) and
(e) as if subsections (3) and (4) were deleted.
…
Section 45
Attendance of public and media at meetings.
45.—(1) In this section—
“media” includes accredited representatives of local and national press, local and national radio and local and national television;
“members of the public” means any person who is not attending the meeting at the request of the local authority.
(2) Subject to subsections (3) and (5), members of the public and representatives of the media are entitled to be present at a meeting of a local authority.
(3) Where a local authority is of the opinion that the absence of members of the public and representatives of the media from the whole or any part of a particular meeting is desirable because—
(a) of the special nature of the meeting, or of an item of business to be, or about to be, considered at the meeting, or
(b) for other special reasons,
the authority may by resolution decide to meet in committee for the whole or a part of the meeting concerned, where the authority considers that such action is not contrary to the overall public interest.
(4) (a) It is necessary for the passing of a resolution under subsection (3) that at least one-half of the total number of members of the local authority concerned vote in favour of the resolution.
(b) A resolution under subsection (3) shall indicate in a general way the reasons for the resolution and those reasons shall be recorded in the minutes of the meeting.
(5) A local authority may, by standing orders, regulate the right of members of the public and representatives of the media to be present at meetings and, in particular and without prejudice to the generality of the foregoing, may—
(a) taking account of available space, limit the number of persons to be admitted,
(b) make rules governing the conduct of persons present at meetings,
(c) provide for the removal of members of the public who interrupt the proceedings or who otherwise misconduct themselves, or
(d) make rules in relation to the taking of photographs or the use of any means for recording or relaying the proceedings as they take place or at a later stage.
(6) Nothing in subsection (5), other than paragraph (a), shall be read so as to enable a local authority to limit the attendance of representatives of the media, and paragraph (a) shall not be read as enabling a local authority to prohibit the attendance of such representatives.
Annotations
Modifications (not altering text):
C24
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 8(2), in effect as per reg. 3.
Meetings and proceedings.
8. …
(2) The provisions of section 45 of the Act shall apply and have effect in relation to the attendance of members of the public and representatives of the media at meetings of municipal district members as if:—
(a) as respects subsections (2), (5) and (6), the references to “a local authority” were references to “municipal district members”,
(b) as respects subsection (3):—
(i) the reference to “a local authority is” were a reference to “municipal district members are”, and
(ii) the references to “the authority” were a reference to “the municipal district members”, and
(c) as respects subsection (4)(a), the reference to “the total number of members of the local authority” were a reference to “the total number of municipal district members”.
…
Section 46
Meetings administrator.
46.—The F66[chief executive] shall from time to time as may be necessary assign the duties of meetings administration to an employee (referred to in this Act as a “meetings administrator”) of a local authority.
Annotations
Amendments:
F66
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 46, S.I. No. 214 of 2014.
Modifications (not altering text):
C25
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 8(4), in effect as per reg. 3.
Meetings and proceedings.
8. …
(4) The provisions of section 46 of the Act shall apply in relation to the assignment of the duties of a meetings administrator in respect of meetings of municipal district members.
…
Section 47
Effective discharge of business.
F67[47.— A local authority shall seek to secure as regards—
(a) the establishment of committees under Part 7, and
(b) meetings of the authority and each of its committees and municipal district members,
that they are organised and operate so as to promote effectiveness and efficiency in the discharge of business.]
Annotations
Amendments:
F67
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 40, S.I. No. 214 of 2014.
Modifications (not altering text):
C26
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 9(2), in effect as per reg. 3.
Establishment of one or more than one committee.
9. …
(2) The provisions of section 47 shall apply and have effect in relation to the effective discharge of business of committees of municipal district members, with the following modifications:—
(a) as if the reference to “a local authority” were a reference to “municipal district members”, and
(b) as if the reference in paragraph (b) to “meetings of the authority and each of its committees and municipal district members” were a reference to “meetings of each of its committees”.
…
PART 7
Committees and Joint Committees
Section 48
Strategic policy committees.
48.—(1) A local authority, F68[…] shall establish by resolution committees to be known as strategic policy committees to consider matters connected with the formulation, development, monitoring and review of policy which relate to the functions of the local authority and to advise the authority on those matters.
F69[(1A) One of the committees established under subsection (1) shall be to consider matters which relate to the functions of the local authority in relation to economic development and matters connected to the promotion of, including support for, enterprise, and to advise the authority on those matters.]
(2)(a) A strategic policy committee consists partly of persons who are and partly of persons who are not members of the local authority concerned.
(b) The chairperson of a strategic policy committee shall be a member of the local authority concerned.
(3)(a) The establishment of a strategic policy committee shall be undertaken by the local authority in accordance with such guidelines as may be issued by the Minister for that purpose under section 54(2).
(b) Guidelines referred to in paragraph (a) shall include provision for—
F70[(i) the representation of each local community development committee established in accordance with section 49A and of sectoral interests,]
(ii) the term of office of—
(I) members of strategic policy committees, and
(II) chairpersons, which shall not be less than 3 years,
and
(iii) the procedures to apply to ensure fairness and equity in the appointment of chairpersons.
F69[(ba) Guidelines referred to in paragraph (a) may include—
(i) provisions for procedures for presentation of proposals to the local authority concerned connected with the formulation, development, monitoring and review of policy for the purposes of this section,
(ii) provisions relating to the format, content and layout of any particular class or classes of policy papers and other documents (including the preparation of preliminary documents) prepared by or presented to the strategic policy committee, and
(iii) provisions for procedures to ensure that sufficient time for input by the strategic policy committee into policy papers is provided prior to completion and subsequent presentation to the local authority concerned.
(bb) Guidelines referred to in paragraph (a) may apply to local authorities generally, to any class or classes of local authorities specified in the guidelines or to a particular local authority so specified and shall, in so far as the guidelines relate to them, be complied with by every local authority, chief executive, strategic policy committee and municipal district member.]
(c) Any guidelines issued by the Minister prior to the commencement of this section and relating to strategic policy committees continue to apply until such time as guidelines are issued under section 54(2).
F69[(3A)(a) For the purposes of assisting a strategic policy committee in considering matters in accordance with subsections (1) and (1A) the committee may request the attendance of a public authority at a meeting of the committee.
(b) Where a public authority refuses or otherwise fails to attend a meeting of a strategic policy committee following a request by the committee, then the chairperson of the committee—
(i) may report such refusal or failure to a meeting of the local authority, and
(ii) where so reported, shall provide the meeting of the local authority with any explanation furnished by the public authority for so refusing or failing to attend.
(c) Where any refusal or failure by a public authority is reported to a local authority under paragraph (b), then the local authority may report such refusal or failure, together with any explanation furnished by the public authority, to any Minister of the Government—
(i) on whom functions relating to the public authority concerned stand conferred, or
(ii) who has general responsibility for the public authority concerned.
(3B) When formulating, developing, adopting, monitoring and reviewing policies which relate to the functions of a local authority each strategic policy committee of the local authority shall have regard to the regional spatial and economic strategy of the appropriate regional assembly.]
(4) Subject to subsection (5), a member of a local authority who is a member of either House of the Oireachtas is disqualified from being elected or from being a chairperson of a strategic policy committee.
(5) Subsection (4) has effect for the purposes of any election of a chairperson of a strategic policy committee held after the commencement of this section.
(6) An annual report of a local authority shall include an outline of the activities of strategic policy committees during the period to which the annual report relates.
F71[(7) On the commencement of section 2 of the Local Government (No. 2) Act 2003, subsections (4) and (5) cease to apply.]
Annotations
Amendments:
F68
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 47, S.I. No. 214 of 2014.
F69
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(a), (c), (d), S.I. No. 214 of 2014.
F70
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(b), S.I. No. 214 of 2014.
F71
Inserted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.
Section 49
Municipal policy committees.
49.—F72[…]
Annotations
Amendments:
F72
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 48, S.I. No. 214 of 2014.
Section 49A
F73[
Local Community Development Committees
49A.— (1) Subject to subsection (3), there shall be established, in accordance with this section and Chapter 2 of Part 13 (including any regulations made or general policy guidelines issued under that Chapter) by resolution of each local authority in respect of its administrative area a committee, to be known as the Local Community Development Committee, for the purposes of developing, co-ordinating and implementing a coherent and integrated approach to local and community development.
(2) Subject to this section and Chapter 2 of Part 13, each Local Community Development Committee is independent in the performance of its functions.
(3) Where the Minister has approved in writing a proposal by a local authority for the establishment of more than one Local Community Development Committee within its administrative area, the local authority may by resolution establish such number of Committees so proposed.
(4) A local authority may, by resolution and with the prior approval of the Minister in writing, dissolve a Local Community Development Committee established by it but the dissolution is without prejudice to anything previously done by such Committee.
(5) A Local Community Development Committee dissolved in accordance with subsection (4) shall be replaced by resolution of the local authority concerned—
(a) where subsection (3) applies, by such number of Local Community Development Committees as are approved by the Minister for establishment under that subsection, or
(b) in any other case, by a new Local Community Development Committee.
(6) Except where a Local Community Development Committee would stand dissolved in accordance with subsection (4) in respect of a day that would be the ordinary day of retirement of the members of the local authority concerned, a Local Community Development Committee shall, notwithstanding section 51(6), continue to stand established on and following that day.
(7) An annual report of a local authority shall include an outline of the activities of each Local Community Development Committee within the authority’s functional area during the period to which the annual report relates.
(8) Section 45 shall not apply to meetings of the Committee.]
Annotations
Amendments:
F73
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 36(1), S.I. No. 214 of 2014.
Section 50
Area committees.
F74[50.—(1) A local authority to which this section applies may establish by resolution a committee in respect of a local electoral area or of 2 or more adjoining such areas or any other area in its administrative area to be known by some appropriate name followed by the words “Area Committee”, or by such other title, as may be designated by the authority.
(2) This section applies to the following local authorities:
(a) Cork City Council;
(b) Dublin City Council;
(c) Dun Laoghaire-Rathdown County Council;
(d) Fingal County Council;
(e) Galway City Council;
(f) South Dublin County Council.]
Annotations
Amendments:
F74
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 42, S.I. No. 214 of 2014.
Section 51
Committees of local authorities.
51.—(1) If a local authority considers it appropriate, it may by resolution establish either or both—
(a) one or more than one committee to consider matters connected with the functions of the authority referred to it by the authority and to assist and advise the authority on those matters, and
(b) one or more than one committee to perform functions of the authority delegated to it under this section but may not delegate generally all of its functions to any committee.
(2) (a) A local authority may, by resolution, delegate with or without restrictions to a committee established under subsection (1)(b) any of its functions that may be performed by resolution other than—
(i) the power to adopt the local authority budget,
(ii) the power to make a development plan, or to make a variation of a development plan, under Part II of the Act of 2000,
(iii) the power to determine an annual rate on valuation or borrow money, or
(iv) any other functions as may be prescribed by regulations made by the Minister.
(b) It is necessary for the passing of a resolution under paragraph (a) that at least one-half of the total number of members of the local authority concerned vote in favour of the resolution.
(3) A local authority may, by resolution, dissolve a committee established by it but the dissolution is without prejudice to anything previously done by the committee.
(4) (a) The members of a committee first appointed shall be appointed by resolution of the local authority by which it was established and subsequent appointments shall be by such resolution or in such other manner as that local authority may provide for by resolution.
(b) A committee consists of such number of persons, not being less than 3, as the local authority by which it was established considers appropriate.
(c) Subject to paragraph (d), a committee may at the discretion of the local authority by which it was established, consist either wholly of persons who are members of that authority or partly of persons who are, and partly of persons who are not, such members.
(d) A person who is not a member of the local authority concerned shall not be appointed to be a member of a committee unless, in the opinion of the authority, he or she is a person having knowledge, qualifications or experience relevant to the functions of the committee.
(5) Notwithstanding the repeal or revocation under section 5 of an enactment by or under which a committee of a local authority stood established immediately before such repeal or revocation the committee shall continue to stand established after such repeal or revocation as if it was established under this section and this Part applies and has effect accordingly in relation to it.
(6) Unless dissolved in accordance with subsection (3) a committee shall be deemed to be dissolved on the ordinary day of retirement of members of the local authority concerned in accordance with section 17.
(7) A reference to a committee in this section includes a committee established under section 50.
(8) Nothing in this section prejudices the establishment and continued operation of a local consultative committee.
Annotations
Modifications (not altering text):
C27
Application of subss. (1)(a), (3), (4) and (6) extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 9(1), in effect as per reg. 3.
Establishment of one or more than one committee.
9. (1) The provisions of subsections (1)(a), (3), (4) and (6) of section 51 of the Act shall apply and have effect in relation to the establishment of one or more than one committee by municipal district members to consider matters connected with the functions to be performed by those members, with the following modifications:—
(a) as if, in subsection (1), the reference to “if a local authority considers it appropriate, it may” were a reference to “if municipal district members consider it appropriate, they may” and the references to “the authority” were references to “the members”,
(b) as if, in subsection (3), the reference to “a local authority” were a reference to “municipal district members” and the reference to “established by it” were a reference to “established by them”,
(c) as if, in subsection (4):—
(i) the reference in paragraph (a) to “the local authority” were a reference to “the municipal district members” and the reference to “that local authority” were a reference to “those municipal district members”,
(ii) the reference in paragraph (b) to “the local authority by which it was established considers appropriate” were a reference to “the municipal district members by which it was established consider appropriate”,
(iii) the reference in paragraph (c) to “the local authority” were a reference to “municipal district members” and the reference to “members of that authority” were a reference to “members in respect of that municipal district”, and
(iv) the reference in paragraph (d) to “member of the local authority concerned” were a reference to “member in respect of the municipal district concerned” and the reference to “the authority” were a reference to “the municipal district members”.
…
Section 52
Joint committees of local authorities.
52.—(1) In this section “local authority” includes such other bodies (if any) as may be prescribed by regulations made by the Minister.
(2) If 2 or more local authorities consider it appropriate to do so, they may, by resolution of each of the authorities, jointly establish either or both—
(a) a joint committee of those authorities to consider matters connected with the functions of the authorities specified in the resolution and to advise the authorities on those matters, and
(b) a joint committee of those authorities to perform functions of those authorities delegated to it by them under subsection (6).
(3) A local authority may join in the establishment of more than one joint committee.
(4) More than one joint committee may be established by the same local authorities.
(5) Where resolutions under subsection (2)(b) relating to a joint committee, with the consent of the Minister, so provide—
(a) the joint committee shall be a body corporate with perpetual succession and be known by such name as may be specified in the resolutions or determined by the joint committee,
(b) the joint committee may sue and be sued in its corporate name,
(c) the joint committee has power to acquire, hold, manage, maintain and dispose of land or an interest in land,
(d) the joint committee shall have a common seal which shall be authenticated by the signature of the chairperson, or of an employee nominated in writing for that purpose by the F75[chief executive], following consultation with the chairperson,
(e) judicial notice shall be taken of the seal of the joint committee and every document claiming to be an instrument made by it and to be sealed with its seal, claiming to be authenticated in accordance with paragraph (d), shall be received in evidence and be deemed to be that instrument without further proof unless the contrary is shown.
(6)(a) Subject to this subsection a local authority by resolution, and with the consent of the other authorities concerned, may delegate with or without restrictions to a joint committee established under subsection (2)(b) any of its functions that may be performed by resolution.
(b) Paragraph (a) does not apply to the functions of a local authority to adopt the local authority budget or to determine an annual rate on valuation or any other functions as may be prescribed by regulations made by the Minister.
(c) It is necessary for the passing of a resolution under paragraph (a) that at least one-half of the total number of members of the local authority concerned vote in favour of the resolution.
(7) The Minister may direct a local authority—
(a) to establish a joint committee under subsection (2) with one or more other local authorities as may be specified in the direction, and
(b) where appropriate, subject to such (if any) conditions or restrictions as may be specified in the direction, to delegate to the joint committee such of the functions of the local authority as may be specified in the direction,
upon and subject to such terms and conditions as may be specified in the direction.
(8) A joint committee may be dissolved by resolution of any one of the local authorities by which it was established with, in the case of a joint committee established by virtue of a direction under subsection (7), or to which subsection (5) applies, the consent of the Minister, but the dissolution is without prejudice to anything previously done by the committee.
(9) Where a joint committee is established under subsection (2)(b) such executive functions as may be appropriate to the functions delegated under that subsection shall vest in the F75[chief executive] for that joint committee.
(10)(a) The members of a joint committee shall be appointed by the local authorities by which it was established by each authority appointing such number of persons to be members of the joint committee as may be agreed upon by those authorities.
(b) A joint committee consists of 6 or more persons, as is agreed by the local authorities by which it was established and may, subject to paragraph (c), at the discretion of those authorities, be composed either wholly of persons who are members of those authorities or partly of persons who are, and partly of persons who are not, such members.
(c) A person who is not a member of one of the local authorities concerned shall not be appointed to be a member of a joint committee unless, in the opinion of the authority by which he or she is so appointed, he or she possesses knowledge, qualifications or experience relevant to the functions of the joint committee.
(11)(a) Notwithstanding the repeal or revocation under section 5 of an enactment by or under which a joint committee of a local authority stood established immediately before such repeal or revocation, the committee shall continue to stand established after such repeal or revocation as if it was established under this section and this Part applies and has effect accordingly in relation to it.
(b) Except as provided for by this section or otherwise by law, it is not lawful for local authorities to establish a joint committee or to delegate any of their functions to a joint committee.
Annotations
Amendments:
F75
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 49, 50, S.I. No. 214 of 2014.
Section 53
Saver for acts of committee or joint committee.
53.—The acts, decisions and proceedings of any committee or joint committee of a local authority 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.
Section 54
Regulations (Part 7).
54.—(1) The Minister may make regulations—
(a) specifying conditions, restrictions or other provisions which apply in relation to the delegation of functions to, or the revocation of a delegation of functions to, a joint committee to which section 52(2) applies or to a committee,
(b) as respects the procedures, general administration and general finances of joint committees to which section 52(2) applies,
(c) providing for the attendance of members of the public and representatives of the media at meetings of joint committees or committees other than those—
(i) specified in the regulations, or
(ii) at which the local authority concerned, in accordance with such procedures as may be specified in the regulations, determines such attendance is not permitted,
and section 45(3) and (4) shall apply to such attendance at meetings of joint committees or committees subject to any necessary modifications,
(d) as respects such other matters relating to joint committees or committees as the Minister considers appropriate.
(2) The Minister may issue general policy guidelines to local authorities for the purposes of any provision of this Part and the authorities shall comply with any such guidelines.
Annotations
Modifications (not altering text):
C28
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 8(3), in effect as per reg. 3.
Meetings and proceedings.
8. …
(3)(a) The provisions of section 54 of the Act shall apply and have effect in relation to the attendance of members of the public and representatives of the media at meetings of a committee of municipal district members except in the case of such committee as may be determined by resolution of the municipal district members concerned.
(b) It is necessary for the passing of such resolution that at least one-half of the total number of municipal district members concerned vote in favour and that not less than 7 days notice of the proposed resolution is given to the municipal district members.
…
Editorial Notes:
E195
Power pursuant to section exercised (17.07.2002) by Local Government Act, 2001 (Meetings) Regulations 2002 (S.I. No. 66 of 2002).
PART 20
Public Local Inquiries
Section 212
Power to hold public local inquiries.
212.—(1) The Minister may cause such public local inquiries to be held as he or she may consider necessary or desirable—
(a) for the purposes of section 216(1)(a) or the functions conferred on him or her or by any other enactment, or
(b) in relation to the performance of the functions of any local authority.
(2) A public local inquiry under subsection (1) shall be conducted by a person (in this Part referred to as an “inspector”) appointed for that purpose by the Minister who shall, without prejudice to any specific requirements in the enactments referred to in subsection (1), prepare a report of the inquiry and submit it to the Minister.
(3) For the purposes of a public local inquiry provided for by this section—
(a) the Minister may, with the approval of the Minister for Finance, engage one or more persons having qualifications which, in the opinion of the Minister are relevant to the conduct of the inquiry and for the purposes of this Part such person or persons is deemed to be an inspector or inspectors, as the case may be, and
(b) the Minister may pay to a person engaged under this subsection such remuneration and allowances as the Minister with the consent of the Minister for Finance, determines.
(4) The Minister may make regulations in relation to the conduct of a public local inquiry, the procedures at such an inquiry and the replacement of an inspector appointed to conduct an inquiry who dies, retires, resigns or is otherwise not available.
Annotations
Modifications (not altering text):
C62
Functions transferred and references to “Department of Finance” and “Minister for Finance” in subs. (3) construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 37 of 2001
Local Government Act 2001
Sections 66(7), 81(6), 92(2), 109(8), 169(1)(a), 212(3) and 231(1)
…
…
…
Note change of name of Department and Minister to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19/2023), in effect as per art. 1(2).
Section 213
Power of inspector conducting a public local inquiry.
213.—(1) (a) An inspector appointed under section 212(2) to conduct a public local inquiry may take evidence on oath or on affirmation at the inquiry and, for that purpose, he or she may administer oaths and affirmations.
(b) A person giving evidence at an inquiry to which paragraph (a) relates is entitled to the same immunities and privileges as if he or she were a witness before the High Court.
(c) A statement or admission made by a person before an inspector conducting a public local inquiry under this Part is not admissible in evidence against that person in any criminal proceedings other than proceedings in relation to an offence under subsection (4) or (5).
(2) An inspector appointed to conduct a public local inquiry under this Part may require any employee or member of a local authority to give to him or her any information which he or she reasonably requires for the purposes of the inquiry, and it is the duty of such person to comply with such requirement.
(3) (a) Subject to this section the inspector conducting a public local inquiry under this Part may require any person by notice in writing to do either or both of the following:
(i) attend the inquiry at such place and time as is specified in the notice to give evidence in relation to any matter in question at such inquiry, and
(ii) produce any books, receipts, deeds, contracts, accounts, vouchers, maps, plans, documents, or other data, information, materials or things in his or her possession, custody or control which relate to any such matter.
(b) A notice under paragraph (a) may be served—
(i) by delivering it to the person to whom it relates, or
(ii) by sending it by post in a prepaid registered envelope addressed to that person at the address at which he or she ordinarily resides or, where an address for service has been furnished, at such address.
(4) Where a person on whom a notice has been served under subsection (3)—
(a) refuses or wilfully neglects to attend in accordance with such notice,
(b) wilfully alters, suppresses, conceals or destroys any document or other information to which such notice relates,
(c) or who, having so attended in accordance with such notice refuses to give evidence,
(d) refuses or wilfully fails to produce any document or other information to which such notice relates,
such person is guilty of an offence under this section and is liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both.
(5) Where a person on whom a notice has been served under subsection (3) or any other person—
(a) wilfully gives evidence which is material to the inquiry and which he or she knows to be false or does not believe to be true,
(b) by act or omission, obstructs or hinders the inspector conducting the inquiry in performance of his or her functions,
(c) refuses to take an oath or to make an affirmation when duly required by an inspector conducting the inquiry,
(d) refuses to answer any question to which the inspector conducting an inquiry may legally require an answer,
(e) does or omits to do any other thing and if such doing or omission would, if the inquiry had been the High Court, have been contempt of that Court,
such person is guilty of an offence under this section and is liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both.
(6) (a) For the purposes of an inquiry under this Part, an inspector at all reasonable times (subject to his or her producing, if so required, his or her authority in writing as such person)—
(i) may, in the case of a dwelling with the consent of the occupier or any person appearing to the inspector to be in charge of the dwelling, enter and inspect the dwelling and do there all things reasonably necessary for the purpose for which the entry is made, and
(ii) in the case of land which is not a dwelling, shall be entitled to enter and inspect, such land or any thing on, or under such land and do there all things reasonably necessary for the purpose for which the entry is made and, in particular may survey, make plans, borings or tests, take levels, make excavations, take samples and photographs and examine the depth and nature of the subsoil.
(b) An inspector may take into any dwelling or onto any land which is not a dwelling such person or equipment as he or she considers necessary to assist him or her for any of the purposes referred to in paragraph (a).
(7) (a) Where an inspector is refused entry to a dwelling or land which is not a dwelling and such entry would be for the purposes of the exercise of his or her functions under this section, the Minister may apply to the District Court for a warrant authorising such entry.
(b) If on application being made to him or her under this subsection, a judge of the District Court is satisfied, on the sworn information of the applicant, that the inspector has been prevented from entering the dwelling or land concerned, the judge may issue a warrant under his or her hand authorising—
(i) the inspector at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the dwelling or land concerned and exercise his or her functions under this section, and
(ii) if the judge considers it appropriate so to provide, the inspector to be accompanied by members of the Garda Síochána when entering the dwelling or land concerned.
(8) (a) If on a claim to the Minister it is shown that, as result of the exercise of any function under subsection (6), any person has suffered damage, that person is entitled to be paid by the Minister compensation in respect of the damage and the amount of damage may, in default of agreement, be determined by any court of competent jurisdiction.
(b) A claim under this section shall be made within, but not after—
(i) 6 months after the damage is suffered, or
(ii) such longer period as the court may allow if it appears to the court that there are reasonable grounds for requiring a longer period and that it would be just and equitable to extend the period.
(9) A person who obstructs or impedes or assists a person to obstruct or impede—
(a) an inspector in performance of his or her functions under subsection (6) (other than a person to whom paragraph (a)(i) of that subsection relates unless subsection (7)(b) also applies), or
(b) an inspector or a member of the Garda Síochána in performance of his or her functions under subsection (7)(b),
is guilty of an offence under this section and is liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both.
(10) Summary proceedings for an offence under this section may be brought by the Minister.
Annotations
Editorial Notes:
E322
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 214
Power to direct payment of certain costs in relation to a public local inquiry, etc.
214.—(1) Where a public local inquiry is held under this Part, the Minister may in his or her absolute discretion direct the payment of such sum as he or she considers reasonable by—
(a) any local authority concerned in such inquiry to the Minister towards the costs incurred by the Minister in holding the inquiry including any payment made under section 213(8),
(b) any local authority concerned in such inquiry to any person appearing at the inquiry towards the costs incurred by such person, other than costs of such nature as is provided for in subsection (3),
(c) any person appearing at the inquiry to the Minister or to any local authority concerned in such inquiry towards the costs incurred by the Minister or by that authority.
(2) A reference to costs in subsection (1) shall be read as a reference to such costs as the Minister may in his or her absolute discretion determine to be the reasonable costs and irrespective of any amount claimed to have been incurred.
(3)(a) A local authority concerned in a local inquiry held by an inspector under this or any other enactment, shall, if so directed by the inspector, pay or tender to any person whose attendance at the inquiry such inspector requires by notice under section 213(3) reasonable subsistence and travelling expenses.
(b) The expenses referred to in paragraph (a) shall be determined by that local authority in accordance with the rates for the time being applicable to senior local authority employees.
(4) Where the Minister gives a direction under subsection (1) or an inspector under subsection (3) and a local authority or person the subject of the direction fails to pay such sum as may be specified in the direction to the Minister, to the local authority or other person, as the case may be, the Minister, local authority or that person (as may be appropriate) may recover such sum as a simple contract debt in any court of competent jurisdiction.
(5) Nothing in section 153 shall operate to prejudice the separate appearance or representation, subject to the consent of the Minister, of a F270[chief executive] at a public local inquiry to which section 212(1)(a) applies in relation to a local authority for which he or she is F270[chief executive] and in such circumstances for the members of the local authority, subject to such consent, by resolution to engage and instruct representation on behalf of the local authority.
Annotations
Amendments:
F270
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 160, S.I. No. 214 of 2014.
PART 21
Consequential Provisions on Failure to Perform Functions
Section 215
Definitions (Part 21).
215.—(1) In this Part—
“commissioner” means a person appointed as such by the Minister under section 218;
“new election” has the meaning given by section 217(1)(a);
“removal period” has the meaning given by section 217(1)(e);
“section 10A” means section 10A (inserted by section 44 of the Local Government Act, 1994) of the City and County Management (Amendment) Act, 1955, as continued by section 113(2) of this Act.
(2) In this Part every reference to a removal from office shall be read as a reference to a removal from office under section 216.
Section 216
Failure to perform functions, etc.
216.—(1) The Minister may be order remove from office the members of a local authority if and whenever—
(a) the Minister, after holding a public local inquiry into the performance by a local authority of its functions, is satisfied that such functions are not being duly and effectually performed, or
(b) a local authority refuses or neglects to comply with a judgement, order, or decree of any court, or
(c) a local authority fails to comply with a requirement made by notification under subsection (1) of section 10A, within F271[14 days] after the date of notification, or
(d) a local authority in the circumstances set out in subsection (6) of section 10A, adopts a revised estimate of expenses which is, in accordance with that section, insufficient, or
(e) a local authority refuses or wilfully neglects to comply with any other express requirement which is imposed on it by or under any enactment including this Act, or
(f) the members of a local authority are less in number than the quorum for meetings of such local authority.
(2)(a) Where the members of a local authority are removed from office under this section, every person who immediately before the removal was a member of a linked body within the meaning of section 220 or of any other body and in either case by virtue of being nominated, elected or appointed by such local authority or by virtue of being the Cathaoirleach or by holding any other office or position relating to membership of such authority, shall cease also to be a member of the linked body or other body concerned.
(b) Section 220 applies, as appropriate, to the linked body concerned.
(3) The removal from office of the members of a local authority does not affect or in any way prejudice the continuity of the existence of that local authority as a corporate body by the title appropriate to it under this Act.
(4) An order under subsection (1) may include all such things as the Minister considers necessary or expedient to enable a local authority whose members are removed from office to function duly and effectually and generally to enable this Part to have full force and effect.
(5) Without prejudice to section 20 of the Interpretation Act, 1937, the reference in sections 16 and 17 of the Local Elections (Petitions and Disqualifications) Act, 1974, to Part IV of the Local Government Act, 1941, shall be read as a reference to this Part.
Annotations
Amendments:
F271
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 161, S.I. No. 214 of 2014.
Section 217
Holding of new election after removal of members.
217.—(1) (a) The Minister may, by order, subject to paragraph (b), fix a day for the holding of an election (in this Part referred to as a “new election”) of members of any local authority of which the members have been removed from office and such election shall be held on that day.
(b) A new election shall not be fixed for a day which is within 12 months of the period within which the next local elections fall to be held in accordance with section 26.
(c) F272[…]
(d) Where a day for the holding of a new election is not fixed under this subsection, then an election of the members of the local authority concerned shall be held on the day of the next local elections and such election shall for the purposes of this Part be deemed to be a new election.
(e) The period between the removal of members from office and the day of coming into office of the members elected at a new election is referred to in this Part as the removal period.
(2) The Minister may by order make such provision as may be necessary to provide for the coming into office of persons elected at a new election to which subsection (1)(d) does not apply; including provision for the annual meeting to be held following their coming into office, the business of such meeting and related matters.
(3) Where a new election has been held in accordance with this Part the term of office of members elected at the new election shall expire to coincide with the next ordinary day of retirement of members of local authorities as referred to in section 17.
Annotations
Amendments:
F272
Repealed (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(c), commenced on enactment.
Section 218
Appointment of commissioners, etc.
218.—(1) For the purposes of enabling a local authority whose members have been removed from office to function during the removal period, the Minister shall from time to time appoint any one or more persons to be the commissioner or commissioners for any such local authority.
(2) For the purposes of subsection (1), the Minister may—
(a) remove any commissioner for a local authority appointed under this section and appoint another person to be commissioner for such local authority in his or her place,
(b) where there are one or more commissioners appointed under this section for a local authority, appoint one or more persons to be additional commissioners for such local authority,
(c) where there are 2 or more commissioners appointed under this section for a local authority, reduce the number of such commissioners and for that purpose remove one or more of such commissioners,
(d) provide for a deputy to exercise the functions of a commissioners who by reason of ill-health or otherwise is absent, and
(e) where there are 2 or more commissioners for a local authority, provide generally or as regards particular matters for the acting of such commissioners individually, collectively or by a majority.
(3) The Minister may fix the tenure of office of any commissioner.
(4) The Minister may direct the payment of remuneration or allowances for expenses to any commissioner and may fix its amount, and such remuneration or allowances as so fixed shall be paid out of revenues of the relevant local authority as part of its general expenses.
Section 219
Exercise of functions by commissioners.
219.—(1) (a) Subject to subsection (3), during the removal period every function which is a reserved function of such local authority or a function to be exercised by the Cathaoirleach shall be exercised or performed by the commissioner or commissioners for such local authority.
(b) References in paragraph (a) to functions includes every permissive power to appoint a committee.
(2) During the removal period any enactment restricting the membership of a committee in whole or in part to members of the local authority concerned shall stand suspended.
(3) No commissioner or commissioners shall by virtue of being a commissioner or commissioners—
(a) nominate a candidate for election to the office of President,
(b) make nominations or vote in elections for Seanad Éireann,
(c) apply for an alteration of the number of members of the local authority under section 22, or
(d) exercise such other functions of a local authority as may be prescribed by regulations made by the Minister.
Section 220
Linked bodies.
220.—(1) In this section—
“the appropriate Minister” means the Minister of the Government on whom functions stand conferred in relation to the linked body in question;
F273[“linked body” means F274[a Regional Health Forum established under the Health Act 2004,] F275[an education and training board], a school attendance committee, a harbour board, a joint body and any other body—
(a) which is required by law to be composed wholly or partly of persons nominated, elected or appointed by a local authority or by 2 or more local authorities, or
(b) which is required by law to include one or more persons, who hold membership of such linked body by virtue of being Cathaoirleach or by holding any other office or position relating to membership of a local authority.]
(2) Where the members of a local authority are removed from office under this Part, the Minister may, after consultation with the appropriate Minister, make an order under this section in relation to any linked body affected by such removal in so far as the Minister thinks necessary or expedient for securing that the body concerned shall function notwithstanding such removal and, in particular, such order may provide—
(a) where the linked body concerned is required by law to be composed wholly of persons nominated, elected or appointed by the local authority concerned, either—
(i) for the transfer of the functions of that linked body to the commissioner or commissioners for that local authority and for the exercise and performance of such functions directly by that commissioners or those commissioners, or
(ii) for such provision as he or she thinks necessary or expedient for the appointment of the members of that linked body, including—
(I) the appointment of particular persons to be members, and
(II) reducing the number of the members and the quorum of that linked body,
and
(b) where the linked body concerned is required by law to be composed in part only of persons nominated, elected or appointed by the local authority concerned, for such provision as he or she thinks proper for filling all or any of those places in the membership of that linked body which are required by law to be filled by persons nominated, elected or appointed by such local authority, including—
(i) appointing a particular person or persons to fill such places, and
(ii) reducing the number of such places and, in consequence of such reduction, reducing the total number of members and the quorum of such body.
(3) During the removal period any enactment restricting the membership of a linked body in whole or in part to members of the local authority concerned shall stand suspended.
(4) The continuity of the existence of a linked body as a corporate body shall not be affected by the exercise of the power conferred on the Minister under this Part.
Annotations
Amendments:
F273
Inserted (15.06.2004) by Health (Amendment) Act 2004 (19/2004), s. 26, S.I. No. 378 of 2004.
F274
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 pt. 21 item 4, S.I. No. 887 of 2004, art. 2(i).
F275
Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 37, S.I. No. 211 of 2013.
Editorial Notes:
E323
Previous affecting provision: definition of “linked body” inserted (15.06.2004) by Health (Amendment) Act 2004 (19/2004), s. 26, S.I. No. 378 of 2004; superseded as per F-note above.
PART 22
Miscellaneous
Section 221
Annual report.
221.—(1)(a) Not later than the 30th day of June in each year F276[every local authority] shall each prepare and adopt a report (to be known as the annual report) in relation to the performance of its functions during the preceding year and shall as soon as may be furnish a copy of the annual report to each member of F276[the local authority concerned] and to such other persons as it may consider appropriate.
(b) A draft of the annual report shall be submitted to the members of F276[the local authority concerned] not later than the 30th day of April in each year.
(2) An annual report of a F276[local authority] shall include the following:
(a) particulars of the policies, programmes, services and other activities undertaken by the F276[local authority];
F276[(b) such particulars as are required by sections 48, 66, 66G, 49A(7), 75, 76, 126D(9), 134, 134A(6) and 228;]
(c) such particulars as may be required by a provision of any other enactment;
(d) particulars in relation to any acts adopted or orders, byelaws, rules or other instruments made under statute by resolution of the members of the F276[local authority] during the year to which the annual report relates; and
F277[(dd) particulars of—
(i) the expenditure incurred by the F276[local authority] in performing its functions relating to civil defence, and
(ii) gifts received by the F276[local authority] during the year to which the report relates in connection with the performance of those functions; ]
(e) such other particulars (including financial statements) as the F276[local authority] may determine or as may be directed by the Minister.
F276[(3)(a) The adoption by a county council or city council of its annual report is a reserved function.
(b) The approval of information to be included in an annual report in relation to the performance of functions by municipal district members is a reserved function.]
(4)(a) Copies of the annual report of a F276[local authority] shall be made available—
(i) at its principal offices during normal office hours for inspection or purchase by members of the public, and
(ii) in public libraries within the county or city concerned.
(b) The purchase price for the annual report of a F276[local authority] may be determined by the F276[local authority] concerned.
(c) A F276[local authority] shall give public notice of the date from which an annual report will be so made available in accordance with paragraph (a).
F276[(5) An annual report prepared by a county council or a city and county council shall include information in relation to the performance of functions by the municipal district members in respect of each municipal district situated within its county or city and county, as the case may be.]
Annotations
Amendments:
F276
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 162-169, S.I. No. 214 of 2014.
F277
Inserted (31.12.2012) by Civil Defence Act 2012 (51/2012), s. 13, commenced as per ss. 2 and 18(3), S.I. No. 570 of 2012).
Section 222
Returns, information to Minister.
222.—A local authority shall provide the Minister with such periodic or other returns or other information regarding the performance of its functions as he or she may from time to time require.
Section 223
Electoral divisions.
223.—(1) The Minister may by regulations divide the area of any F278[local authority] into areas to be known as electoral divisions and may vary the name of any such division or make adjustments to the boundaries of any such division or divisions.
(2) Any reference in any enactment to a district electoral division or a ward shall be read as a reference to an electoral division.
Annotations
Amendments:
F278
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 170, S.I. No. 214 of 2014.
Section 224
Report by authorised person.
224.—(1) In this section “authorised person” means a person authorised in writing for the purposes of this section by the Minister.
(2) (a) The Minister may request an authorised person to prepare a report for the Minister in relation to any matter arising from or relating to any of the functions for the time being conferred on the Minister or in relation to the performance of any of the functions of one or more local authorities.
(b) An authorised person for the purposes of this section is entitled at all reasonable times to enter and inspect any land or premises or structure (other than a dwelling) which is owned, used, controlled or managed by a local authority and shall be afforded every facility and co-operation by the local authority (its members and employees) including the giving of information which he or she reasonably requires and shall have access to all documents, materials, things, or other information which he or she may reasonably require.
(3) Any person who obstructs or impedes or refuses to comply with a request of an authorised person acting in the exercise of the functions conferred on him or her by subsection (2)(b) is guilty of an offence and is liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both.
(4) Summary proceedings for an offence under this section may be brought by the Minister.
Annotations
Editorial Notes:
E324
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.
LOCAL GOVERNMENT REFORM ACT 2014
PART 7
Local Authority Governance and Management, etc.
Section 37
Alternative titles to Cathaoirleach and Leas-Chathaoirleach, etc.
37. (1) The Principal Act is amended by substituting the following for section 32:
“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.”.
(2) The Principal Act is amended by substituting the following for Schedule 8:
“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.”.
Section 38
Amendment of section 34 (removal of Cathaoirleach or Leas-Chathaoirleach from office, etc.) of Principal Act
38. Section 34 of the Principal Act is amended—
(a) by substituting the following for subsection (1):
“(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.”,
(b) by substituting the following for paragraph (e) of subsection (2):
“(e) be delivered or sent to the Cathaoirleach, Leas-Chathaoirleach or chairperson of the strategic policy committee concerned.”,
and
(c) by substituting the following for subsection (5):
“(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.”.
Section 39
Application of Chapter 2 of Part 5 of Principal Act to municipal district members
39. The Principal Act is amended by inserting the following after section 35:
“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.”.
Section 40
Effective discharge of business
40. The Principal Act is amended by substituting the following for section 47:
“47. A local authority shall seek to secure as regards—
(a) the establishment of committees under Part 7, and
(b) meetings of the authority and each of its committees and municipal district members,
that they are organised and operate so as to promote effectiveness and efficiency in the discharge of business.”.
Section 41
Amendment of section 48 (strategic policy committees) of Principal Act
41. Section 48 of the Principal Act is amended—
(a) by inserting the following after subsection (1):
“(1A)One of the committees established under subsection (1) shall be to consider matters which relate to the functions of the local authority in relation to economic development and matters connected to the promotion of, including support for, enterprise, and to advise the authority on those matters.”,
(b) by substituting the following for subparagraph (i) of subsection (3)(b):
“(i) the representation of each local community development committee established in accordance with section 49A and of sectoral interests,”,
(c) by inserting the following after paragraph (b) of subsection (3):
“(ba) Guidelines referred to in paragraph (a) may include—
(i) provisions for procedures for presentation of proposals to the local authority concerned connected with the formulation, development, monitoring and review of policy for the purposes of this section,
(ii) provisions relating to the format, content and layout of any particular class or classes of policy papers and other documents (including the preparation of preliminary documents) prepared by or presented to the strategic policy committee, and
(iii) provisions for procedures to ensure that sufficient time for input by the strategic policy committee into policy papers is provided prior to completion and subsequent presentation to the local authority concerned.
(bb) Guidelines referred to in paragraph (a) may apply to local authorities generally, to any class or classes of local authorities specified in the guidelines or to a particular local authority so specified and shall, in so far as the guidelines relate to them, be complied with by every local authority, chief executive, strategic policy committee and municipal district member.”,
and
(d) by inserting the following after subsection (3):
“(3A) (a) For the purposes of assisting a strategic policy committee in considering matters in accordance with subsections (1) and (1A) the committee may request the attendance of a public authority at a meeting of the committee.
(b) Where a public authority refuses or otherwise fails to attend a meeting of a strategic policy committee following a request by the committee, then the chairperson of the committee—
(i) may report such refusal or failure to a meeting of the local authority, and
(ii) where so reported, shall provide the meeting of the local authority with any explanation furnished by the public authority for so refusing or failing to attend.
(c) Where any refusal or failure by a public authority is reported to a local authority under paragraph (b), then the local authority may report such refusal or failure, together with any explanation furnished by the public authority, to any Minister of the Government—
(i) on whom functions relating to the public authority concerned stand conferred, or
(ii) who has general responsibility for the public authority concerned.
(3B) When formulating, developing, adopting, monitoring and reviewing policies which relate to the functions of a local authority each strategic policy committee of the local authority shall have regard to the regional spatial and economic strategy of the appropriate regional assembly.”.
Section 42
Area committees
42. The Principal Act is amended by substituting the following for section 50:
“50. (1) A local authority to which this section applies may establish by resolution a committee in respect of a local electoral area or of 2 or more adjoining such areas or any other area in its administrative area to be known by some appropriate name followed by the words ‘Area Committee’, or by such other title, as may be designated by the authority.
(2) This section applies to the following local authorities:
(a) Cork City Council;
(b) Dublin City Council;
(c) Dun Laoghaire-Rathdown County Council;
(d) Fingal County Council;
(e) Galway City Council;
(f) South Dublin County Council.”.
Section 43
Amendment of section 66 (promotion of interests of local communities) of Principal Act
43. Section 66 of the Principal Act is amended by substituting the following for subsection (3):
“(3) (a) Subject to this section, a local authority may take such measures, engage in such activities or do such things in accordance with law (including the incurring of expenditure) as it considers necessary or desirable to promote the interests of the local community.
(b) For the purposes of this section a measure, activity or thing is deemed to promote the interests of the local community if it promotes, directly or indirectly—
(i) social inclusion or the social, environmental, recreational, cultural or community development, or
(ii) the general development including enterprise and economic development,
of the administrative area (or any part of it) of the local authority concerned or of the local community (or any group consisting of members of it).
(c) Nothing in subsection (4) or section 66B or 67 shall be read as restricting the generality or meaning of this subsection.”.
Section 44
Local economic and community plan
44. The Principal Act is amended by inserting the following sections after section 66:
“Interpretation (sections 66A to 66H)
66A. In the relevant sections—
‘Committee’ means a local community development committee established pursuant to section 49A;
‘Plan’ has the meaning assigned in section 66B;
‘relevant sections’ means sections 66A to 66H.
Local economic and community plan
66B. (1) Each local authority shall make, in accordance with section 66C and any regulations made, or general policy guidelines issued, by the Minister for the purposes of that section, and the principles of sustainable development, a 6 year local economic and community plan (in this section referred to as the ‘Plan’), which shall be referred to as the ‘Local Economic and Community Plan’, prefixed by the name of the local authority concerned, and the Plan shall be for—
(a) the promotion of economic development in its functional area, and
(b) the promotion of local and community development in its functional area.
(2) For the purposes of subsection (1), promotion of economic development includes but is not limited to—
(a) creating and sustaining jobs,
(b) promoting the interests of the community, including—
(i) enterprise and economic development across economic sectors,
(ii) foreign direct investment,
(iii) indigenous industry,
(iv) micro-enterprises and small and medium sized enterprises,
(v) tourism, and
(vi) agriculture, forestry and the marine sectors, and other natural resource sectors,
(c) identifying local attributes that are essential—
(i) to enhancing local economic performance, such as the quality of the environment and the qualities of cities, towns and rural areas, including—
(I) accessibility, physical character, and infrastructure,
(II) employment opportunities and quality of life,
and the means by which these may be utilised to enhance competitiveness, and be supported by investment decisions relating to economic infrastructure (including transportation, water services, energy, communications and waste management), together with social and cultural facilities, and
(ii) to promoting local economic activities,
(d) supporting enhancement of local innovation capacity, including investment in research and development capacity, technology transfer, up-skilling and re-skilling,
(e) identifying, for existing and prospective businesses, opportunities to engage with local government on relevant matters in setting up and managing their businesses and to ensure speedy and co-ordinated access and response,
(f) identifying local strengths and opportunities, weaknesses and deficiencies relevant to economic performance and—
(i) in relation to such strengths and opportunities having regard to economic and employment trends, the means of maintaining and augmenting them, and
(ii) in relation to such weaknesses and deficiencies, the means of addressing or rectifying them,
and
(g) identifying economic potential and the requirements to realise it.
(3) For the purposes of subsection (1), promotion of local and community development includes, but is not limited to—
(a) promoting and supporting the interests of local communities, or any part of a community or group within a local community, including measures to enhance quality of life and well-being of communities and measures aimed at—
(i) tackling poverty, disadvantage and social exclusion through support for basic services and other initiatives,
(ii) supporting training and up-skilling, creating and sustaining employment and self-employment opportunities, and investing in local development through community-focused supports and services, and
(iii) the provision of infrastructure and community facilities and investment in physical regeneration and environmental improvements,
(b) supporting the capacity of local communities to improve their quality of life,
(c) supporting social enterprise, social capital, volunteering and active citizenship,
(d) developing integrated and evidenced-based approaches to local service planning and delivery,
(e) identifying the needs and priorities of local communities to enhance their well-being, and developing sustainable solutions that make the best use of local assets, strengths and opportunities to address those needs and priorities,
(f) exploiting and co-ordinating funding sources from the public, private and community and voluntary sectors to stimulate and support local development and sustainability, and
(g) promoting, supporting and facilitating community involvement in policy development and decision-making processes related to the planning, development and delivery of services.
(4) Every Plan made pursuant to subsection (1) shall be consistent with—
(a) the core strategy and the objectives of the development plan (being the development plan for the purposes of Chapter I of Part II of the Act of 2000) of the local authority concerned, and
(b) any regional spatial and economic strategy or, as appropriate, regional planning guidelines (being a strategy or guidelines for the purposes of Chapter III of Part II of the Act of 2000),
that apply to the area of the Plan, and shall consist of a written statement which may include objectives for the sustainable development of the area of the Plan.
(5)(a) Without prejudice to subsections (2) and (3), the Plan to which subsection (1) relates shall include and integrate—
(i) economic elements in respect of local economic development, and
(ii) community elements in respect of local and community development.
(b) Each local authority shall, without prejudice to and, in accordance with section 66C and any regulations made or policy guidelines issued by the Minister for that purpose, draft the economic elements of the Plan.
(c) Each Committee shall, without prejudice to and, in accordance with sections 66C and 128B and any regulations made or policy guidelines issued by the Minister for that purpose, draft, adopt and obtain approval for the community elements of the Plan.
Preparation and making of local economic and community plans
66C. (1) A local authority and a Committee shall, in preparing the economic and community elements of a Plan, have regard to—
(a) the need to integrate sustainable development considerations into the Plan,
(b) the resources, wherever originating from, that are available or likely to become available to it for the purpose of the Plan and the need to secure the most beneficial, effective and efficient use of such resources,
(c) the need for co-operation with, and the co-ordination of its activities with those of other local authorities, public authorities and publicly funded bodies, the performance of some of whose functions affect or may affect the local authority and the Committee,
(d) the need for consistency with the policies and objectives of the Government or any Minister of the Government or other public authority in so far as they may affect or relate to the promotion of economic and community development as provided for in sections 66B(2) and 66B(3), and
(e) the need to integrate the economic and community elements, developed in accordance with the provisions of subsections (2) and (3), into the Plan.
(2)(a) Each local authority in developing the economic elements of the Plan shall, in accordance with regulations made by the Minister under section 66H—
(i) consult with members of the public (in this subsection referred to as a ‘public consultation process’) by publishing a public notice (which notice may be given by means of the internet or otherwise) inviting them to make observations or other submissions in writing to the local authority in relation to its proposed development of those elements of the Plan and, in relation to the observations and other submissions so made—
(I) prepare and publish a report on them, and
(II) have regard to them when preparing the economic elements of the Plan,
(ii) consult with those public authorities and publicly funded bodies exercising functions that, in the local authority’s opinion, have a contribution to make or are making to economic development within the functional area of that local authority, and
(iii) consult with any person or body prescribed by regulations made by the Minister under section 66H.
(b) Following consultations in accordance with paragraph (a), the local authority concerned shall submit a draft of the economic elements of the Plan for consideration—
(i) in respect of each municipal district concerned, by the municipal district members, and
(ii) by the regional assembly for the region within which the local authority is located pursuant to section 43 of the Local Government Act 1991,
and each shall adopt a statement on the draft for consideration by the elected council of that local authority and by the Committee.
(c) The consideration of the economic elements of a draft of the Plan by the regional assembly, the municipal district members, in accordance with pararaph (b), and the Committee, in accordance with section 128B(1) (h), shall relate to its consistency with—
(i) the core strategy and the objectives of the development plan (being the development plan for the purposes of Chapter I of Part II of the Act of 2000) of the local authority concerned,
(ii) any regional spatial and economic strategy or, as appropriate, regional planning guidelines (being a strategy or guidelines for the purposes of Chapter III of Part II of the Act of 2000), that may apply, and
(iii) the community elements of a draft of the Plan submitted by the Committee in accordance with subsection (3)(b).
(d) The adoption by the municipal district members of a statement under paragraph (b) is a reserved function.
(3)(a) The Committee, in developing the community elements of the Plan shall, in accordance with regulations made by the Minister under section 66H—
(i) consult with members of the public (in this subsection referred to as a ‘public consultation process’) by publishing a public notice (which notice may be given by means of the internet or otherwise) inviting them to make observations or other submissions in writing to the local authority in relation to its proposed development of those elements of the Plan and, in relation to the observations and other submissions so made—
(I) prepare and publish a report on them, and
(II) have regard to them when preparing the community elements of the Plan,
(ii) consult with those public authorities and publicly funded bodies exercising functions that, in the local Committee’s opinion, have a contribution to make or are making to community development to or within, the area of the Committee, and
(iii) consult with any person or body prescribed by regulations made by the Minister under section 66H.
(b) Following consultations in accordance with paragraph (a), the Committee concerned shall submit a draft of the community elements of the Plan for consideration—
(i) in respect of each municipal district concerned, by the municipal district members, and
(ii) by the regional assembly for the region within which the local authority, to which the Committee relates, is located pursuant to section 43 of the Local Government Act 1991,
and each shall adopt a statement on the draft for consideration by the elected council of that local authority.
(c) The consideration of the community elements of a draft of the Plan by the regional assembly, the municipal district members, in accordance with paragraph (b), and the local authority concerned, in accordance with subsection (4)(a), shall relate to its consistency with—
(i) the core strategy and the objectives of the development plan (being the development plan for the purposes of Chapter I of Part II of the Act of 2000) of the local authority concerned,
(ii) any regional spatial and economic strategy or, as appropriate, regional planning guidelines (being a strategy or guidelines for the purposes of Chapter III of Part II of the Act of 2000), that may apply, and
(iii) the economic elements of a draft of the Plan prepared in accordance with subsection (2)(b).
(d) The adoption by the municipal district members of a statement under paragraph (b) is a reserved function.
(4)(a) Following the adoption of statements provided for in subsections (2)(b) and (3)(b) and any statement adopted by the Committee, the Plan (including any Plan amended consequent to subparagraph (i), or new Plan made consequent to subparagraph (ii) of section 66F(b)) shall integrate the economic and community elements and that Plan shall be made by the elected council of the local authority, with or without amendment, and any amendment by it shall relate only to the consistency of the Plan with—
(i) the core strategy and the objectives of the development plan (being the development plan for the purposes of Chapter I of Part II of the Act of 2000) of the local authority concerned that apply to the area of the Plan, and
(ii) any regional spatial and economic strategy or, as appropriate, regional planning guidelines (being a strategy or guidelines for the purposes of Chapter III of Part II of the Act of 2000) that apply to the area of the Plan.
(b) The making of the Plan under paragraph (a) by the elected council of the local authority is a reserved function.
Publication of local economic and community plans
66D. As soon as may be after the making of a Plan under section 66C, a copy of it—
(a) shall be made available at the principal offices of the local authority and on its internet website,
(b) shall be furnished to the Minister, and
(c) may be inspected by any member of the public during normal opening hours, and purchased at a price not exceeding the reasonable cost of reproduction.
Implementation of the economic elements of local economic and community plans
66E. (1) Without prejudice to the implementation of the community elements of the Plan in accordance with section 128B, each local authority shall—
(a) implement, or arrange for the implementation of the economic elements of the Plan as made in accordance with section 66C,
(b) co-ordinate, manage and oversee the implementation of the economic elements of the Plan and any projects or programmes prepared to support or advance the implementation of the economic elements of the Plan that have been either—
(i) approved by resolution from time to time for that purpose by the local authority concerned in respect of all or part of its administrative area, or
(ii) agreed for that purpose between the local authority and a public authority,
and ensure that any plans and strategies related to those projects or programmes are implemented in accordance with the economic elements of the Plan,
(c) seek to ensure effectiveness, consistency, co-ordination and avoidance of duplication between the economic development programmes to which paragraph (b) applies and the functions of the local authority in relation to promoting the interests of local communities or in other related functions under sections 66 and 66B or otherwise, and
(d) in addition to those projects or programmes to which paragraphs (b) and (c) apply, pursue the co-ordination generally of all economic development programmes within the functional area of the local authority, for the purposes of—
(i) supporting or advancing the implementation of the economic elements of the Plan or optimising resources for the benefit of local communities in that area, and
(ii) improving the efficiency with which public authorities use their resources.
(2) For the purposes of subsection (1), each local authority shall prepare, review and update, as appropriate, on an annual basis an implementation strategy.
(3) The making and amendment of an implementation strategy is a reserved function.
Monitoring and review of economic elements of local economic and community plans
66F. Without prejudice to the monitoring and review of the community elements of the Plan in accordance with section 128B, each local authority shall—
(a) monitor and review on an ongoing basis the implementation of the economic elements of the Plan, including performance against any benchmarks or indicators of performance set out in it and, if the local authority considers appropriate, to revise the actions, plans and strategies set to achieve its objectives,
(b) undertake a review of the economic elements of the Plan at least once within the period of 6 calendar years after it was made or last amended for the purposes of this paragraph and, if the local authority considers it necessary after any such review—
(i) to amend the economic elements of the Plan, or
(ii) to make new economic elements of the Plan for approval by the local authority in accordance with the provisions of section 66C,
and any such amendment or making shall be in accordance with any regulations made, or general policy guidelines issued, by the Minister for that purpose.
Annual Report on monitoring and review of local economic and community plans
66G. Each local authority shall include in its annual report an assessment in relation to the implementation and, where appropriate, review of its Plan in accordance with sections 66E, 66F and 128B during the year immediately preceding the year in which the report is submitted.
Regulations and general policy guidelines
66H. (1) The Minister may, following consultation with such public authorities as he or she considers appropriate, make regulations for the purposes of the relevant sections and sections 128B to 128F either generally or in relation to a regional assembly or a local authority or a Committee or to a particular class or classes of regional assemblies or local authorities or Committees and each regional assembly, local authority and Committee shall, to the extent that those regulations apply to it, comply with those regulations.
(2) The Minister may, in particular but without prejudice to the generality of subsection (1), make regulations under that subsection in relation to the Plans including—
(a) the preparation of a Plan,
(b) the co-ordination of the preparation of the economic and community elements of a Plan,
(c) the integration of the economic and community elements into a Plan,
(d) the timing of the preparation of a Plan,
(e) the role of the strategic policy committee established pursuant to section 48(1A),
(f) extending or shortening the period of a Plan for the purposes of synchronising the time period for a Plan with other relevant plans and strategies,
(g) the format and content of a Plan,
(h) the procedures and processes to ensure consistency with the core strategy and objectives of the development plan of a local authority,
(i) the procedures and processes to ensure consistency with the regional spatial and economic strategy and any regional planning guidelines referred to in subsections (2) (c) (ii), (3) (c) (ii) and (4) (a) (ii) of section 66C for the purposes of Chapter III of Part II of the Act of 2000,
(j) engagement and consultation with the local community in the preparation of a Plan,
(k) public consultation when a Plan is being prepared or reviewed, including the procedures and processes for seeking the timely and effective participation by the public concerned,
(l) developing performance indicators and arrangements for measuring performance of a Plan,
(m) publication of a Plan,
(n) implementation of a Plan, including the preparation, review and updating of the implementation strategies provided for in section 66E(2) and the arrangements for implementation provided for in section 128B(1), and
(o) the review and amendment of a Plan.
(3) For the purposes of the relevant sections and sections 128B to 128F, the Minister may issue general policy guidelines in relation to—
(a) principles guiding the preparation of the Plan,
(b) matters to be taken into consideration when a public consultation process is being undertaken for the purposes of preparing or reviewing the Plan,
(c) matters to be taken into account when a review of the Plan is being undertaken,
(d) avoidance of duplication and optimising the use of available resources,
(e) implementation arrangements for the Plan, and
(f) any other matter of a general policy nature that the Minister considers appropriate for inclusion in the guidelines,
and guidelines issued under this subsection may relate generally to all local authorities or to a particular class or classes of local authorities and shall, in so far as the guidelines relate to them, be complied with by every local authority, municipal district members and each Committee.”.
Section 45
Amendment of section 72 (transfer of certain functions to local authorities) of Principal Act
45. Section 72 of the Principal Act is amended—
(a) in subsection (1) (a) by substituting “function of a Minister of the Government or of any other public authority” for “function of a Minister of the Government”,
(b) in subsection (1) (c) by substituting “Minister of the Government or the other public authority, as the case may be, from which it was transferred” for “Minister of the Government from whom it was transferred”,
(c) by deleting subsection (2),
(d) in subsection (3) by deleting “or an order under subsection (2) ” in both places where it occurs, and
(e) by inserting the following after subsection (3):
“(4) In this section ‘public authority’ does not include a body to which paragraph (g) of the definition of ‘public authority’ in section 2(1)relates.”.
Section 46
Consultation with local community
46. The Principal Act is amended by substituting the following for section 127:
“127. (1) A local authority may take such steps as it considers appropriate to consult with and promote effective participation by the local community in local government.
(2) Without prejudice to the generality of subsection (1) a local authority may—
(a) undertake such action under section 64 as the authority may consider appropriate,
(b) establish strategic policy committees in accordance with Part 7,
(c) consult with local sectoral, community or other groups,
(d) arrange for the representation on relevant committees of the authority of persons having knowledge or experience of relevance to the work of the particular committee,
(e) consult with a recognised association under section 128,
(f) make arrangements for attendance and raising of issues by interested persons at meetings of the authority or of any of its committees in accordance with such rules as may be determined by resolution of the authority,
(g) arrange for the holding of information meetings and the dissemination of information to the public in relation to any matter connected with its functions.
(3) Without prejudice to the generality of subsection (1) each local authority shall, in accordance with regulations made under subsection (6) and general guidelines issued under subsection (7), adopt a document to be known as a Framework for Public Participation in Local Government (in this section referred to as the ‘Framework’) for the purposes of promoting, developing and implementing a coherent and integrated approach to participation in decision-making processes of the local authority by the local community.
(4) For the purposes of subsection (3), the Framework shall seek to provide for participation by the local community within municipal districts and shall include the following:
(a) participatory mechanisms to promote, support and facilitate the local community’s input into decision making by the local authority, without prejudice to any consultation procedures provided for in any enactment;
(b) clear and transparent mechanisms for the selection of members of the local community to participate in such participatory mechanisms including selection processes that seek to balance gender, geography, social inclusion, sectoral, age and other interests and factors;
(c) mechanisms to monitor, measure and evaluate participation by members of the local community with local government and to provide information to the local community arising from such monitoring, measurement and evaluation;
(d) mechanisms to provide for accountability of such participants to the local community;
(e) mechanisms for the provision of information by the local authority to the local community.
(5) In developing the Framework, a local authority may take such steps as it considers appropriate to consult with the local community, including local sectoral, community or other groups.
(6)(a) The Minister may make regulations relating to the adoption and establishment of a Framework by each local authority and its implementation, review and revision by the local authority concerned.
(b) Regulations under this subsection may be made in respect of local authorities generally or in respect of any particular class or classes of local authorities as determined by those regulations.
(7)(a) The Minister may issue general policy guidelines to local authorities for the purposes of any provision of this section (including any regulations made under subsection (6)) and each local authority shall comply with any such guidelines that relate to it.
(b) Without prejudice to the generality of paragraph (a), guidelines under this section may provide for any of the following:
(i) assistance to the local community with the preparation of strategies within municipal districts for the well-being of all;
(ii) provision of opportunities for networking, communication and the sharing of information with the local community;
(iii) mechanisms to support inclusion of socially excluded groups;
(iv) developing capacity and supports for public engagement and participation;
(v) participatory mechanisms;
(vi) consultation procedures and processes;
(vii) mechanisms for the provision of information;
(viii) accountability mechanisms.
(8) (a) Where in relation to any function of a local authority under this or under any other enactment the relevant enactment requires the publication of a notice in a newspaper or on the local authority’s website and the invitation of submissions or observations in connection with the performance of that function, the local authority may take such additional steps as it may consider appropriate to publicise, facilitate or promote the consultation process including the use of other forms of communications, including local radio stations, and the use of electronic forms of communication.
(b) A local authority may, in respect of reports, plans or any other material in relation to the performance of its functions, arrange for the making available or display of such materials at suitable locations (which locations may include the internet) additional to those required by this or any other enactment.
(9) An elected council may, by resolution, require that specified action be taken in accordance with this section for the purpose of consultation with the local community.
(10) Nothing in this section shall be read as limiting or departing from the role of a local authority as an elected body.
(11) The procedures and actions provided for under this section to promote and facilitate public engagement under the Framework may supplement but shall not be read as limiting or restricting—
(a) any consultation procedures, or
(b) any procedures requiring consultation,
that are otherwise provided for under any enactment and any actions taken under the Framework, or any failure to take any specified action under the Framework, shall not affect any such consultation procedures or procedures.
(12) The adoption of the Framework to promote and facilitate participation by the local community under this section is a reserved function.”.