Rates Procedure
Local Government Act 1994
An Act to amend and extend the law relating to local government.
[29th April, 1994]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Part I Preliminary and General
1. Short title, collective citations, construction and commencement.
(1) This Act may be cited as the Local Government Act, 1994.
(2) The Local Government Acts, 1925 to 1993, and this Act may be cited together as the Local Government Acts, 1925 to 1994 and shall be construed together as one Act.
(3) The County Management Acts, 1940 to 1993, and so much of this Act as relates to the management of counties, elective bodies and the county borough of Galway may be cited together as the County Management Acts, 1940 to 1994.
(4) The Cork City Management Acts, 1929 to 1991, and so much of this Act as relates to the management of the county borough of Cork may be cited together as the Cork City Management Acts, 1929 to 1994.
(5) The Local Government (Dublin) Acts, 1930 to 1993, and so much of this Act as relates to the management of the county borough of Dublin may be cited together as the Local Government (Dublin) Acts, 1930 to 1994.
(6) The Limerick City Management Acts, 1934 to 1991, and so much of this Act as relates to management of the county borough of Limerick may be cited together as the Limerick City Management Acts, 1934 to 1994.
(7) The Waterford City Management Acts, 1939 to 1991, and so much of this Act as relates to the management of the county borough of Waterford may be cited together as the Waterford City Management Acts, 1939 to 1994.
(8) The Local Elections (Petitions and Disqualifications) Act, 1974, so much of the Electoral Act, 1992 as relates to local elections and Parts II and III may be cited together as the Local Elections Acts, 1974 to 1994.
(9) This Act shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions and for the repeal and amendment effected by section 4 of different enactments.
2. Interpretation.
(1) In this Act, except where the context otherwise requires—
“the Act of 1941” means the Local Government Act, 1941;
“the Act of 1946” means the Local Government Act, 1946;
“the Act of 1955” means the City and County Management (Amendment) Act, 1955;
“the Act of 1991” means the Local Government Act, 1991;
“election” means a local election;
“elective body” means an elective body for the purposes of the County Management Acts, 1940 to 1993;
“enactment” includes an instrument made under an enactment;
“functions” includes powers and duties and a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties;
“local authority” means a local authority for the purposes of the Act of 1941;
“manager” means—
(a) as respects the corporation of a county borough, the manager for the purpose of the Acts relating to the management of the county borough, and
(b) as respects the council of a county or an elective body, the manager for the purposes of the County Management Acts, 1940 to 1993;
“the Minister” means the Minister for the Environment;
“prescribed” means prescribed by regulations made by the Minister and cognate words shall be construed accordingly;
“public authority” means a public authority for the purposes of the Act of 1991;
“reserved function” means—
(a) in the case of the council of a county or an elective body, a reserved function for the purposes of the County Management Acts, 1940 to 1993;
(b) in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough.
(2) In this Act—
(a) a reference to a Part, section or Schedule is to a Part or section of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended,
(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,
(c) a reference to any provision of this Act shall, where appropriate, be construed as a reference to that provision as modified by regulations under section 66.
(3) In this Act, a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).
3. Orders and regulations.
(1) Every order and regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made.
(2) If after an order, other than an order under section 1(9), 14, 21 or 53(1), or a regulation is so laid, a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(3) The Minister may by order, amend or revoke an order made under this Act, other than under section 1 (9) (including an order made under this subsection).
(4) The Minister may make regulations for the purposes of this Act or in consequence of any of its provisions or for the purposes of enabling any provision to have full effect.
(5) Without prejudice to any specific provision of this Act, every regulation made under this Act may—
(a) contain such incidental, consequential, supplementary or transitional provisions (including provisions for the purpose of securing the continuity of any provision of this or of any other Act or instrument repealed, revoked, amended or otherwise affected by this Act or by any order or regulation made thereunder) as may appear to the Minister to be appropriate for the purposes of this Act or of any order or regulations made thereunder,
(b) provide for the adaptation, modification or cesser of operation of any provision of any enactment, including an enactment referred to in section 4(3), relating to any matter governed by the provisions of this Act or of any order or regulations made thereunder for the purpose of securing that such enactment shall have effect in conformity with this Act or with an order or with regulations made thereunder.
(6) Regulations or an order under this Act may apply to local authorities generally, to any class or classes of local authorities specified in the regulations or order, to a particular local authority or to a particular part of the administrative area of a local authority so specified and may contain different provisions in relation to different local authorities or to different parts of the administrative area of a local authority.
4. Repeal, revocation and amendment of enactments.
(1) Each enactment specified in the First Schedule is hereby repealed or revoked to the extent specified in column (3) of that Schedule.
(2) Each enactment specified in the Second Schedule is hereby amended in the manner stated in column (3) of that Schedule.
(3) The repeal or revocation by this Act of a provision of any enactment which is applied by any other provision of that or of any other enactment not so repealed or revoked, shall not affect such application and the first-mentioned provision shall accordingly continue to apply for that purpose.
11. Casual vacancies.
[…]
The repeal of s.11 was brought into effect by the Local Government Act 2001 (Commencement) Order 2002 (S.I. No. 65 of 2002), on May 1, 2002.
47. Functions of revenue collectors.
It is hereby declared that, for the purpose of collection of rates, persons holding the office of revenue collector under a local authority are, and shall be deemed to have always been, empowered to exercise and perform as required the statutory powers, functions and duties of rate collectors.
62. Cesser of Towns Improvement (Ireland) Act, 1854 in certain areas.
(1) The Towns Improvement (Ireland) Act, 1854, (“the Act of 1854”) shall cease to apply to the relevant areas referred to in subsection (4) and accordingly separate local authority estimates shall no longer be prepared in respect of such areas.
(2) The successor for all purposes of town commissioners established under the Act of 1854 in respect of the relevant areas shall in each case be the council of the county which includes the particular area and all land and other property of the said commissioners shall vest in the council without any conveyance or transfer.
(3) The use of any or all of the relevant areas or of areas generally to which the Act of 1854 applied immediately before the commencement of this section by any other enactment for the purposes of defining the area of application or operation of such enactment or for any similar or related purpose shall not be affected by the cesser of application effected by subsection (1) save as may be otherwise so provided by regulations made under this subsection by the Minister responsible for the particular enactment in question and every such enactment shall be subject to and shall have effect in accordance with any such regulations.
(4) The relevant areas for the purpose of this section are the areas of Callan, Fethard, Newcastle West, Rathkeale, Roscommon and Tullow to which the Act of 1854 applies.
s. 63 Electoral divisions.