Regional Assemblies
LOCAL GOVERNMENT ACT 1991
43. Establishment of regional authorities.
[(1) For the purpose of co-ordinating, promoting or supporting strategic planning and sustainable development, and promoting effectiveness in local government and public services, in different areas of the State, the Minister may, by order, made with the consent of the Minister for Public Expenditure and Reform (in this section referred to as an “establishment order”)—
(a) declare that an area consisting of specified cities, counties or cities and counties shall constitute a region, and
(b) establish in respect of the region, a body (to be known as a “regional assembly”) the membership of which shall consist of persons who are members of every council of a city, council of a county and council of a city and county the functional area of each of which is included in that region, to perform, in respect of the region and for the purposes set out in this subsection, the functions conferred on it by or under this section or to perform functions conferred on it otherwise by law.
(2)
(a) A regional assembly shall be called and known by such title as may be specified in the establishment order concerned.
(b) A regional assembly shall be a body corporate with perpetual succession and an official seal and with power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land.
(c) Judicial notice shall be taken of the seal of a regional assembly and every document purporting to be an order or other instrument made by that assembly and to be sealed with its seal (purporting to be authenticated in the manner provided by the establishment order) shall be received in evidence and be deemed to be such order or instrument without further proof unless the contrary is shown.
(3) An establishment order shall require a regional assembly thereby established to provide itself with an official seal and shall contain such provisions as the Minister considers appropriate in relation to the membership of the assembly (including provisions in relation to the number of members of the assembly, the method, terms and conditions of their appointment and their tenure of office).
(4)
(a) An establishment order or an order amending or revoking an establishment order may contain such other provisions as the Minister considers necessary arising from, by reason of, for the purposes of, or to give full effect to, a declaration under subsection (1) or to the establishment or dissolution of a regional assembly and such an order may contain provisions relating to any matter whatsoever arising in relation to such declaration, establishment or dissolution or in relation to the functions of the regional assembly concerned.
(b) Without prejudice to the generality of paragraph (a), an order referred to in that paragraph may provide in respect of a regional assembly established by the establishment order, for all or any of the following matters:
(i) the conferral of functions on the assembly in relation to the purposes set out in subsection (1), including —
(I) regional spatial and economic strategy under the Planning and Development Acts 2000 to 2014,
(II) functions in connection with assistance from the European Union, with national investment programmes, or with the role of the National Oversight and Audit Commission,
(ii) the administration generally (including the preparation and publication of a corporate plan and an annual report) and the finances generally of the assembly,
(iii) the meetings of the assembly, and the procedure at such meetings,
(iv) the use and authentication of the seal of the assembly,
(v) the payment of grants by the Minister of such amounts as may be sanctioned by the Minister for Public Expenditure and Reform, out of moneys provided by the Oireachtas, towards the expenses of the assembly,
(vi) the payment to the assembly by the local authorities who, as respects the assembly are local authorities referred to in subsection (1)(b) or by other specified public authorities, in such manner as may be specified, of all or part of the expenses and expenditure of the assembly,
(vii) the furnishing from time to time by the assembly to the Minister or to specified local authorities or other specified public authorities of information in relation to the performance of its functions and the furnishing of such information to the Minister whenever he or she so requests,
(viii) the making by the assembly of arrangements with other public authorities for the use by it of premises or equipment of those authorities or for the use by the assembly of the services of employees of those authorities,
(ix) matters to which the assembly shall have regard in the performance of its functions,
(x) the giving of directions by the Minister to the assembly in relation to the performance of its functions,
(xi) the dissolution of the assembly,
(xii) the designation of the assembly to be the successor of one or more than one regional authority, including in respect of part of the administrative area of a regional authority, established by the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1993 (S.I. No. 394 of 1993), on the dissolution of such authority or authorities and the transfer to such assembly—
(I) of the assets and liabilities of such authority or authorities, or
(II) in so far as the designation relates to part of the administrative area of a regional authority, of specified assets or liabilities of such authority or of a specified portion of any of those assets and liabilities, and any land to which the order relates shall, on the date specified in the order in relation to that land, vest in such assembly without any further conveyance, transfer or assignment,
(xiii) any other matter in relation to which the Minister considers that provision should be made in order to enable the assembly to perform its functions effectively or, as respects its dissolution.
(c) An establishment order or an order amending an establishment order may contain such provisions as the Minister considers necessary or expedient consequential on the dissolution of a regional authority established by the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1993 (S.I. No. 394 of 1993) and, in particular, may make provision for—
(i) the application of any of the provisions of Schedule 4 (other than paragraphs 3(2), 7, 8, 12, 13, 14(3), 14(4) and 15) of the Local Government Reform Act 2014 to such regional authority as if—
(I) references in that Schedule to “relevant day or date” were a reference to the date provided for in the order for the dissolution of the regional authority concerned,
(II) references to a dissolved authority were references to a dissolved regional authority,
(III) in relation to a regional authority, references to a successor authority were references to a regional assembly designated in the order as the successor body in accordance with subsection 4(b)(xii),
together with such other modifications as the Minister considers necessary or expedient, and
(ii) any other transitional, supplementary or incidental matters that appear to the Minister to be necessary or expedient to facilitate the dissolution either generally of all regional authorities or of one or more than one named regional authority.
(5) Subject to the other provisions of this section (including the establishment order concerned) and without prejudice to any other enactment, a regional assembly shall have all such powers as are necessary or expedient for the performance of its functions.
(6) An establishment order or an order referred to in subsection (4)(a) may apply to a regional assembly established by the establishment order, with any necessary modifications or adaptations, all or any of the provisions of or made under any enactment relating to local authorities.
(7)
(a) An establishment order shall provide for the appointment of a chief officer, to be known by the title director of the assembly, and for the powers and functions and other provisions relating to the office of director of the assembly.
(b) Without prejudice to the generality of paragraph (a), the functions of the director of the assembly include—
(i) representing the assembly,
(ii) the carrying out of, managing and controlling generally the administration and business of the assembly,
(iii) performing such functions as may be specified in the establishment order or in an order amending that order,
(iv) performing such functions of the assembly as may be delegated to the director under subsection (11),
(v) performing such functions, other than those to which subparagraph (iii) or (iv) could relate, as the assembly may determine or assign from time to time other than such functions or a class of functions as may be specified in the establishment order or in an order amending an establishment order, and
(vi) performing any other function assigned to the director under any other enactment.
(c) Without prejudice to any other enactment, the functions of a director shall be performed in accordance with the policy of the assembly as duly determined by the members of the assembly.
(8) A regional assembly may, in relation to the performance of any of its functions, consult with such local authorities, other public authorities and regional assemblies as it considers appropriate.
(9) A regional assembly may establish committees consisting, in whole or in part of persons who are members of the assembly—
(a) to consider such matters connected with the functions of the assembly as the assembly may determine and assist and advise the assembly in relation to those matters, or
(b) to perform functions of the assembly delegated to such committee under subsection (11) but may not delegate generally all of its functions, or all of its functions other than specified functions, to any such committee.
(10) A regional assembly may dissolve a committee established by it but the dissolution is without prejudice to anything previously done by the committee.
(11) A regional assembly may delegate with or without restrictions to a committee established under subsection (9), or to the director, any of its functions other than such functions or a class of functions as may be specified in the establishment order or in an order amending an establishment order, and different functions may be so specified in respect of such a committee or the director.
(12) A regional assembly may revoke or amend a delegation to a committee or to a director under subsection (11) but any revocation or amendment of a delegation is without prejudice to anything previously done by the director or the committee, as the case may be.
(13) An establishment order or an order amending an establishment order may contain such provisions relating to committees as the Minister considers appropriate.]
PART 9
Regional Assemblies
Section 62
Regional assemblies
62. (1) The Local Government Act 1991 is amended by substituting the following for section 43:
“43. (1) For the purpose of co-ordinating, promoting or supporting strategic planning and sustainable development, and promoting effectiveness in local government and public services, in different areas of the State, the Minister may, by order, made with the consent of the Minister for Public Expenditure and Reform (in this section referred to as an ‘establishment order’)—
(a) declare that an area consisting of specified cities, counties or cities and counties shall constitute a region, and
(b) establish in respect of the region, a body (to be known as a ‘regional assembly’) the membership of which shall consist of persons who are members of every council of a city, council of a county and council of a city and county the functional area of each of which is included in that region, to perform, in respect of the region and for the purposes set out in this subsection, the functions conferred on it by or under this section or to perform functions conferred on it otherwise by law.
(2)(a) A regional assembly shall be called and known by such title as may be specified in the establishment order concerned.
(b) A regional assembly shall be a body corporate with perpetual succession and an official seal and with power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land.
(c) Judicial notice shall be taken of the seal of a regional assembly and every document purporting to be an order or other instrument made by that assembly and to be sealed with its seal (purporting to be authenticated in the manner provided by the establishment order) shall be received in evidence and be deemed to be such order or instrument without further proof unless the contrary is shown.
(3) An establishment order shall require a regional assembly thereby established to provide itself with an official seal and shall contain such provisions as the Minister considers appropriate in relation to the membership of the assembly (including provisions in relation to the number of members of the assembly, the method, terms and conditions of their appointment and their tenure of office).
(4)(a) An establishment order or an order amending or revoking an establishment order may contain such other provisions as the Minister considers necessary arising from, by reason of, for the purposes of, or to give full effect to, a declaration under subsection (1) or to the establishment or dissolution of a regional assembly and such an order may contain provisions relating to any matter whatsoever arising in relation to such declaration, establishment or dissolution or in relation to the functions of the regional assembly concerned.
(b) Without prejudice to the generality of paragraph (a), an order referred to in that paragraph may provide in respect of a regional assembly established by the establishment order, for all or any of the following matters:
(i) the conferral of functions on the assembly in relation to the purposes set out in subsection (1), including—
(I) regional spatial and economic strategy under the Planning and Development Acts 2000 to 2014,
(II) functions in connection with assistance from the European Union, with national investment programmes, or with the role of the National Oversight and Audit Commission,
(ii) the administration generally (including the preparation and publication of a corporate plan and an annual report) and the finances generally of the assembly,
(iii) the meetings of the assembly, and the procedure at such meetings,
(iv) the use and authentication of the seal of the assembly,
(v) the payment of grants by the Minister of such amounts as may be sanctioned by the Minister for Public Expenditure and Reform, out of moneys provided by the Oireachtas, towards the expenses of the assembly,
(vi) the payment to the assembly by the local authorities who, as respects the assembly are local authorities referred to in subsection (1)(b) or by other specified public authorities, in such manner as may be specified, of all or part of the expenses and expenditure of the assembly,
(vii) the furnishing from time to time by the assembly to the Minister or to specified local authorities or other specified public authorities of information in relation to the performance of its functions and the furnishing of such information to the Minister whenever he or she so requests,
(viii) the making by the assembly of arrangements with other public authorities for the use by it of premises or equipment of those authorities or for the use by the assembly of the services of employees of those authorities,
(ix) matters to which the assembly shall have regard in the performance of its functions,
(x) the giving of directions by the Minister to the assembly in relation to the performance of its functions,
(xi) the dissolution of the assembly,
(xii) the designation of the assembly to be the successor of one or more than one regional authority, including in respect of part of the administrative area of a regional authority, established by the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1993 (S.I. No. 394 of 1993), on the dissolution of such authority or authorities and the transfer to such assembly—
(I) of the assets and liabilities of such authority or authorities, or
(II) in so far as the designation relates to part of the administrative area of a regional authority, of specified assets or liabilities of such authority or of a specified portion of any of those assets and liabilities,
and any land to which the order relates shall, on the date specified in the order in relation to that land, vest in such assembly without any further conveyance, transfer or assignment,
(xiii) any other matter in relation to which the Minister considers that provision should be made in order to enable the assembly to perform its functions effectively or, as respects its dissolution.
(c) An establishment order or an order amending an establishment order may contain such provisions as the Minister considers necessary or expedient consequential on the dissolution of a regional authority established by the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1993 (S.I. No. 394 of 1993) and, in particular, may make provision for—
(i) the application of any of the provisions of Schedule 4 (other than paragraphs 3(2), 7, 8, 12, 13, 14(3), 14(4) and 15) of the Local Government Reform Act 2014 to such regional authority as if—
(I) references in that Schedule to ‘relevant day or date’ were a reference to the date provided for in the order for the dissolution of the regional authority concerned,
(II) references to a dissolved authority were references to a dissolved regional authority,
(III) in relation to a regional authority, references to a successor authority were references to a regional assembly designated in the order as the successor body in accordance with subsection 4(b) (xii),
together with such other modifications as the Minister considers necessary or expedient, and
(ii) any other transitional, supplementary or incidental matters that appear to the Minister to be necessary or expedient to facilitate the dissolution either generally of all regional authorities or of one or more than one named regional authority.
(5) Subject to the other provisions of this section (including the establishment order concerned) and without prejudice to any other enactment, a regional assembly shall have all such powers as are necessary or expedient for the performance of its functions.
(6) An establishment order or an order referred to in subsection (4) (a) may apply to a regional assembly established by the establishment order, with any necessary modifications or adaptations, all or any of the provisions of or made under any enactment relating to local authorities.
(7)(a) An establishment order shall provide for the appointment of a chief officer, to be known by the title director of the assembly, and for the powers and functions and other provisions relating to the office of director of the assembly.
(b) Without prejudice to the generality of paragraph (a), the functions of the director of the assembly include—
(i) representing the assembly,
(ii) the carrying out of, managing and controlling generally the administration and business of the assembly,
(iii) performing such functions as may be specified in the establishment order or in an order amending that order,
(iv) performing such functions of the assembly as may be delegated to the director under subsection (11),
(v) performing such functions, other than those to which subparagraph (iii) or (iv) could relate, as the assembly may determine or assign from time to time other than such functions or a class of functions as may be specified in the establishment order or in an order amending an establishment order, and
(vi) performing any other function assigned to the director under any other enactment.
(c) Without prejudice to any other enactment, the functions of a director shall be performed in accordance with the policy of the assembly as duly determined by the members of the assembly.
(8) A regional assembly may, in relation to the performance of any of its functions, consult with such local authorities, other public authorities and regional assemblies as it considers appropriate.
(9) A regional assembly may establish committees consisting, in whole or in part of persons who are members of the assembly—
(a) to consider such matters connected with the functions of the assembly as the assembly may determine and assist and advise the assembly in relation to those matters, or
(b) to perform functions of the assembly delegated to such committee under subsection (11) but may not delegate generally all of its functions, or all of its functions other than specified functions, to any such committee.
(10) A regional assembly may dissolve a committee established by it but the dissolution is without prejudice to anything previously done by the committee.
(11) A regional assembly may delegate with or without restrictions to a committee established under subsection (9), or to the director, any of its functions other than such functions or a class of functions as may be specified in the establishment order or in an order amending an establishment order, and different functions may be so specified in respect of such a committee or the director.
(12) A regional assembly may revoke or amend a delegation to a committee or to a director under subsection (11) but any revocation or amendment of a delegation is without prejudice to anything previously done by the director or the committee, as the case may be.
(13) An establishment order or an order amending an establishment order may contain such provisions relating to committees as the Minister considers appropriate.”.
(2) The bodies established by the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999 (S.I. No. 226 of 1999) which are subsisting at the commencement of this section shall upon such commencement continue in being until dissolved or replaced under a provision of an establishment order and be known or continue to be known, as the case may be, as regional assemblies and accordingly—
(a) subject to paragraph (b) that order shall continue to apply to each of them as it applied before such commencement and that order may be amended or revoked under this section,
(b) references in any enactment to regional authorities within the meaning of section 43 (as amended by this Act) of the Local Government Act 1991 shall, where the context admits, be read as references to regional assemblies,
(c) a reference in paragraph (a), and subparagraphs (xi) and (xii) of paragraph (b), of section 43(4) (as amended by this Act) of the Local Government Act 1991 to the dissolution of a regional assembly or the dissolution of an assembly shall be read as including a reference to a regional authority established by the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1993 (S.I. No. 394 of 1993).
(3) References in the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999 to those local government areas in respect of which provision is made under Part 2 of this Act for their amalgamation shall, upon the 2014 establishment day (within the meaning of that Act) or, if later, upon the commencement of this section, be read in each case as a reference to the administrative area of the appropriate successor body within the meaning of paragraph (a) of the definition of “successor authority” in section 3.
(4) In so far as it relates to regional assemblies, Part 4 of Schedule 2 has effect for the purpose of supplementing the amendment provided for by subsection (1).
Annotations
Editorial Notes:
E19
Power pursuant to section exercised (18.02.2015) by Local Government Act 1991 (Regional Assemblies) (Establishment) (Amendment) Order 2015 (S.I. No. 62 of 2015).
E20
Power pursuant to section exercised (1.01.2015) by Local Government Act 1991 (Regional Assemblies) (Establishment) Order 2014 (S.I. No. 573 of 2014), in effect as per art. 3.
E21
Power pursuant to section exercised (1.06.2014) by Local Government Act 1991 (Regional Authorities) (Amendment) Order 2014 (S.I. No. 228 of 2014), in effect as per reg. 3.
PART 10
Regional Assemblies and Regional Spatial and Economic Strategy
Section 63
Regional assemblies and regional spatial and economic strategy
63. (1) The Planning and Development Act 2000 is amended by substituting the following for Chapter III of Part II:
“Chapter III
Regional Spatial and Economic Strategy
Power to make regional spatial and economic strategy
21. (1) A regional assembly—
(a) may make a regional spatial and economic strategy—
(i) after consultation with the planning authorities within its region, or
(ii) in the case of the regional assemblies in respect of the GDA, after consultation with the planning authorities within their regions and the NTA,
or
(b) shall make a regional spatial and economic strategy, at the direction of the Minister.
(2) A regional spatial and economic strategy may be made for a whole region or for one or more parts of a region, but where there are regional assemblies in respect of the GDA shall, in the case of the GDA, be made jointly by such regional assemblies.
(3) (a) The Minister may direct one or more regional assemblies to make a regional spatial and economic strategy in respect of the combined area of the regional assemblies involved or in respect of any particular part or parts of the area which lie within the area of those regional assemblies.
(b) Where it is proposed to make a regional spatial and economic strategy pursuant to a direction under paragraph (a), the regional assemblies concerned shall make whatever arrangements they see fit to prepare such strategy, including the carrying out of their functions under this Chapter as a joint function of the assemblies concerned, and this Chapter shall be construed accordingly.
(4) Notwithstanding any other provision of this Act, the regional planning guidelines prepared by a dissolved regional authority and published in respect of the period 2010 to 2022, shall continue to have effect as if made under this Part until a regional spatial and economic strategy is prepared and adopted by the regional assembly concerned.
(5) The Minister may make regulations concerning the making of regional spatial and economic strategies and related matters.
Co-operation of planning authorities with regional assembly
22 (1) Where a regional assembly intends to make a regional spatial and economic strategy in accordance with section 24, or to review an existing strategy under section 26, it shall, as soon as may be, consult with all the planning authorities within the region (or part thereof, as the case may be) in order to make the necessary arrangements for making the strategy.
(2) (a) A planning authority shall assist and co-operate with a regional assembly in making arrangements for the preparation of a regional spatial and economic strategy and in carrying out the preparation of the strategy.
(b) The provision of assistance under paragraph (a) shall include the provision of financial assistance, the services of staff and the provision of accommodation, where necessary, and the regional assembly and planning authorities concerned shall agree on the provision of such assistance based on the proportion of the population of the area for which the regional spatial and economic strategies are prepared who are resident in the functional areas of the planning authorities concerned.
(c) In the absence of agreement under paragraph (b), a regional assembly may request the relevant planning authorities to provide assistance under this section, and the request shall be based on the proportion of the population of the area for which the regional spatial and economic strategies is prepared resident in the functional areas of the planning authorities concerned, and a planning authority shall not refuse a reasonable request for assistance.
Co-operation of public bodies with regional assemblies
22A. (1) Where a regional assembly intends to make a regional spatial and economic strategy in accordance with section 24, or to review an existing strategy under section 26, it shall, as soon as may be, consult with—
(a) each public body, and
(b) any body or bodies under the aegis of a public body in respect of which, in the opinion of the regional assembly, consultation with is of relevance for the purpose of making the regional spatial and economic strategy or reviewing an existing strategy.
(2) The public body shall assist and co-operate as far as practicable with the regional assembly in the preparation of the strategy and thereafter supporting its implementation.
(3) Each public body shall consult with the regional assemblies, as appropriate, when preparing its own strategies, plans and programmes and so as to ensure that they are consistent, as far as practicable, with national and regional objectives set out in the National Spatial Strategy and regional spatial and economic strategies.
(4) Where the Minister is of the opinion that consultation between a regional assembly and a body under the aegis of a public body would be of relevance—
(a) for the purpose of making, by the regional assembly, of the regional spatial and economic strategy or reviewing an existing strategy, or
(b) for the purpose of subsection (3), were the body a public body,
then the Minister may so declare such body to be a public body for the purposes of consultation under this section and regulations may be made either generally or in respect of one or more than one regional assembly.
(5) In this section ‘public body’ means—
(a) the Minister,
(b) the Minister for Finance,
(c) the Minister for Public Expenditure and Reform,
(d) the Minister for Jobs, Enterprise and Innovation,
(e) the Minister for Communications, Energy and Natural Resources,
(f) the Minister for Agriculture, Food and the Marine,
(g) the Minister for Transport, Tourism and Sport,
(h) the Minister for Health,
(i) the Minister for Education and Skills,
(j) the Minister for Foreign Affairs and Trade,
(k) a body under the aegis of a public body (including a public body pursuant to this paragraph) to which subsection (4) relates.
Content and objectives of regional spatial and economic strategy
23 (1) (a) The objective of regional spatial and economic strategies shall be to support the implementation of the National Spatial Strategy and the economic policies and objectives of the Government by providing a long-term strategic planning and economic framework for the development of the region for which the strategies are prepared which shall be consistent with the National Spatial Strategy and the economic policies or objectives of the Government.
(b) The planning and economic framework referred to in paragraph (a)shall consider the future development of the region for which the strategy is prepared for a period of not less than 12 years and not more than 20 years.
(2) The regional spatial and economic strategy shall, for the whole of the region to which the strategy relates and in accordance with the principles of proper planning and sustainable development and the economic policies and objectives of the Government, address the following matters:
(a) any policies or objectives for the time being of the Government or any Minister of the Government, or any policies contained in the National Spatial Strategy in relation to national and regional population targets;
(b) in respect of regional economic strategy—
(i) enabling the conditions for creating and sustaining jobs,
(ii) enhancing overall regional economic performance by identifying regional strengths and opportunities having regard to economic and employment trends and the means of maintaining and augmenting regional economic performance,
(iii) proposals for augmenting the economic performance of the region across all relevant economic sectors including, in particular, the foreign direct investment, indigenous industry, small and medium enterprise, tourism, agriculture, forestry, marine and other natural resource sectors,
(iv) enhancing regional innovation capacity, including investment in research and development capacity, technology transfer between third level education and enterprise, and up-skilling and re-skilling,
(v) identifying the regional attributes that are essential to enhancing regional economic performance, including—
(I) the quality of the environment,
(II) the qualities of cities, towns and rural areas,
(III) the physical infrastructure, and
(IV) the social, community and cultural facilities,
and
(vi) proposals to maintain or augment, or both, the attributes referred to in subparagraph (v) in such manner as will be implemented under the strategy through the activities of relevant public bodies, private sector investment and the community;
(c) in respect of regional spatial strategy and taking account of the economic dimension of the strategy—
(i) the location of employment, industrial and commercial development,
(ii) the location of retail development,
(iii) the location of housing,
(iv) the provision of transportation, including public transportation, water services, energy and communications networks and waste management facilities,
(v) the provision of educational, healthcare, sports and community facilities,
(vi) the preservation and protection of the environment and its amenities, including the archaeological, architectural and natural heritage,
(vii) landscape, in accordance with relevant policies or objectives for the time being of the Government or any Minister of the Government relating to providing a framework for identification, assessment, protection, management and planning of landscapes and developed having regard to the European Landscape Convention done at Florence on 20 October 2000, and
(viii) the promotion of sustainable settlement and transportation strategies in urban and rural areas, including the promotion of measures to reduce anthropogenic greenhouse gas emissions and address the necessity of adaptation to climate change;
(d) in respect of the evaluation and reporting of the regional spatial and economic strategy, the monitoring and reporting arrangements required to measure progress in addressing the matters referred to in this subsection.
(3) In preparing its regional spatial and economic strategy a regional assembly shall—
(a) ensure that the strategy is, in particular, consistent with—
(i) this Chapter and any regulations made under it,
(ii) national economic policy as set out in relevant government strategies,
(iii) national planning policy as set out in the National Spatial Strategy or any successor strategy,
(iv) any relevant directives, policies or guidelines issued by the Minister under the Planning and Development Acts 2000 to 2014,
(v) any direction by the Minister in respect of such programmes, policies and guidelines of any Minister of the Government (including the Minister) requiring a regional assembly to have regard to, and
(vi) the relevant plans and strategies of public bodies to which section 22A relates and of any other body prescribed by the Minister for the purposes of this section,
(b) consult with the public bodies to which section 22A relates in such manner and to such extent as the Minister may direct in writing, and
(c) co-ordinate the development of its regional spatial and economic strategy in a manner that is, to the greatest extent possible, consistent with the policies of the public bodies to which section 22A relates.
(4) Where the Minister is of the opinion that the adoption of any provision of a draft regional spatial and economic strategy would be inconsistent with Government policy, then the Minister may, after consultation with such other Minister of the Government (if any) as the Minister considers necessary in the circumstances, direct a regional assembly not to adopt the draft strategy with those provisions in it or incorporate appropriate amendments to ensure consistency with the policies and objective of the Government, and the regional assembly concerned shall act accordingly.
(5) The Minister may, for the purposes of giving effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment 1, by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing regional spatial and economic strategies.
(6) An appropriate assessment of a draft regional spatial and economic strategy shall be carried out in accordance with Part XAB.
(7) (a) When making a regional spatial and economic strategy the regional assembly shall take account of the proper planning and sustainable development of the whole of the region to which the strategy relates, the statutory obligations of any local authority in the region and any relevant policies or objectives for the time being of the Government or of any Minister of the Government, including any national plans, policies or strategies specified by the Minister to be of relevance to the determination of strategic economic and planning policies.
(b) When making a regional spatial and economic strategy which affects the Gaeltacht, the regional assembly shall have regard to the need to protect the linguistic and cultural heritage of the Gaeltacht.
(c) When making a regional spatial and economic strategy the regional assemblies in respect of the GDA shall ensure that the strategy is consistent with the transport strategy of the NTA.
(8) Without prejudice to the generality of subsections (2) and (3), the Minister may issue guidelines on the content of regional spatial and economic strategies and regional assemblies shall have regard to those guidelines.
Consultation regarding regional spatial and economic strategy
24. (1) As soon as may be after agreeing any necessary arrangements under section 21, a regional assembly shall give notice of its intention to make the regional spatial and economic strategy.
(2) A notice under subsection (1) shall be given to the Minister, the Board, the prescribed authorities in the area and shall be published in one or more newspapers circulating in the region for which the regional spatial and economic strategy is prepared and shall—
(a) state that the regional assembly intends to make a regional spatial and economic strategy,
(b) indicate the matters to be considered in the regional spatial and economic strategy, having regard to section 23,
(c) indicate that submissions regarding the making of the regional spatial and economic strategy may be made in writing to the regional assembly within a specified period (which shall not be less than 8 weeks).
(3) A regional assembly shall consider any submissions received under subsection (2) before preparing the draft regional spatial and economic strategy.
(4) When a regional assembly prepares the draft of the regional spatial and economic strategy it shall, as soon as may be—
(a) send notice and copies of the draft strategy to the Minister, the Board, the prescribed authorities in its area, and
(b) publish notice of the preparation of the draft in one or more newspapers circulating in its area.
(5) A notice under subsection (4) shall state—
(a) that a copy of the draft strategy may be inspected at a stated place or places and at stated times during a stated period of not less than 10 weeks (and the copy shall be kept available for inspection accordingly), and
(b) that written submissions or observations with respect to the draft made to the regional assembly within the stated period will be taken into consideration before the regional spatial and economic strategy is adopted.
(6) When the regional assemblies in respect of the GDA prepare the draft of the regional spatial and economic strategy they shall include a statement in that draft on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—
(a) a statement explaining how the regional assemblies propose to address the matters identified in the report of the NTA prepared in accordance with section 31F, and
(b) where the regional assemblies do not propose to address, or propose to only partially address, any matter identified in the report of the NTA prepared in accordance with section 31F, a statement of the reasons for that course of action.
(7) When a regional assembly (other than the regional assemblies in respect of the GDA) prepares the draft of the regional spatial and economic strategy it shall include a statement in that draft on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—
(a) a statement explaining how it proposes to address the matters identified in the report of the NTA prepared in accordance with section 31FF, and
(b) where it does not propose to address, or proposes to only partially address, any matter identified in the report of the NTA prepared in accordance with section 31FF, a statement of the reasons for that course of action.
(8) (a) Subject to paragraphs (b) and (e), following consideration of submissions or observations under subsection (5), and subject to section 25, the regional assembly shall, subject to any amendments that it considers necessary, make the regional spatial and economic strategy.
(b) The regional assembly shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required to be carried out as respects one or more than one proposed material amendment of the draft regional spatial and economic strategy.
(c) The director of the regional assembly, not later than 2 weeks after a determination under paragraph (b) shall specify such period as he or she considers necessary as being required to facilitate an assessment referred to in paragraph (b).
(d) The regional assembly shall publish notice of any proposed material amendment, and where appropriate in the circumstances, the making of a determination that a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required, in at least one newspaper circulating in its area.
(e) The notice referred to in paragraph (d) shall state—
(i) that a copy of any proposed material amendment and of any determination by the regional assembly that an assessment referred to in paragraph (b) is required may be inspected at a stated place or places and at stated times, and on the assembly’s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and
(ii) that written submissions or observations with respect to the proposed material amendment or an assessment referred to in paragraph (b) and made to the regional assembly within a stated period shall be taken into account by the assembly before the regional spatial and economic strategy is adopted.
(f) The regional assembly shall carry out an assessment referred to in paragraph (b) of the proposed material amendment of the draft regional spatial and economic strategy within the period specified by the director of the regional assembly.
(9) Following the consideration of submissions or observations under subsection (8), and subject to section 25, the regional assembly shall make the regional spatial and economic strategy with or without the proposed material amendments, subject to any minor modifications considered necessary.
(10) A minor modification referred to in subsection (9) may be made where it is minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site.
(11) (a) Where a regional assembly makes a regional spatial and economic strategy, it shall publish a notice of the making of the strategy in at least one newspaper circulating in the functional area of each planning authority in the region for which the strategy is prepared.
(b) A notice under this subsection shall state that a copy of the regional spatial and economic strategy is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).
Procedure for making regional spatial and economic strategy
25. (1) As part of the consultation between a regional assembly and the relevant planning authorities under section 22, the regional assembly and the planning authorities concerned shall agree on a procedure for preparing and making the regional spatial and economic strategy under section 24.
(2) Matters to be considered under subsection (1) shall include the establishment of committees to oversee and consider preparation of the strategy.
(3) The authorities and assemblies concerned shall agree on the membership of the committees under subsection (2) and shall also agree on the roles of those committees in preparing the draft regional spatial and economic strategy, considering submissions or observations under section 24, and drawing up reports in respect of the strategy.
(4) When the regional assemblies in respect of the GDA make a regional spatial and economic strategy they shall include in the strategy a statement on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—
(a) a statement explaining how the regional assemblies propose to address the matters identified in the report of the NTA prepared in accordance with section 31G, and
(b) where the regional assemblies do not propose to address, or propose only to partially address, any matter identified in the report of the NTA prepared in accordance with section 31G, a statement of the reasons for that course of action.
(5) When a regional assembly (other than the regional assemblies in respect of the GDA) makes a regional spatial and economic strategy it shall include in the strategy a statement on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—
(a) a statement explaining how it proposes to address the matters identified in the report of the NTA prepared in accordance with section 31GG, and
(b) where it does not propose to address, or proposes only to partially address, any matter identified in the report of the NTA prepared in accordance with section 31GG, a statement of the reasons for that course of action.
(6) The making of a regional spatial and economic strategy under section 24(8) shall be a matter for the members of the regional assembly concerned, following the consideration of any report or reports from the committees referred to in subsection (2).
Reports on regional spatial and economic strategy
25A. (1) In respect of the regional spatial and economic strategy of a regional assembly, the public bodies to which section 22A relate and each local authority within the regional assembly area shall, every 2 years, prepare and submit a report to the assembly setting out progress made in supporting objectives, relevant to that body, of the strategy.
(2) Each regional assembly shall, every 2 years, prepare a report (in this section referred to as a monitoring report) monitoring progress made in implementing the regional spatial and economic strategy.
(3) The monitoring report shall specify the progress made in securing the overall objectives of the regional spatial and economic strategy, including any specific actions and outcomes, including actions specific to the public bodies to which section 22A relates.
(4) The regional assembly concerned shall submit its monitoring report to the National Oversight and Audit Commission.
(5) The National Oversight and Audit Commission shall consider the monitoring report of each regional assembly and may make recommendations to the Minister in relation to relevant measures to further support the implementation of the regional spatial and economic strategy concerned.
Review of regional spatial and economic strategy
26. (1) Where a regional assembly has made a regional spatial and economic strategy, it shall, not later than 6 years after the making of such a strategy and not less than once in every period of 6 years thereafter, review such strategy and when so reviewing, it may revoke the strategy or make a new regional spatial and economic strategy.
(2) Before a regional assembly revokes a strategy referred to in subsection (1) (other than for the purpose of making a new regional spatial and economic strategy), it shall consult with the planning authorities within its region.
(3) Where the regional assembly makes a new regional spatial and economic strategy, it shall follow the procedures laid down in sections 22, 24 and 25.
(4) Where a new strategy is made under subsection (1), it shall supersede any previous regional spatial and economic strategy.
Regional spatial and economic strategy and development plans
27. (1) A planning authority shall ensure, when making a development plan or a local area plan, that the plan is consistent with any regional spatial and economic strategy in force for its area.
(2) The Minister may, by order, determine that planning authorities shall comply with any regional spatial and economic strategy in force for their area, or any part thereof, when preparing and making a development plan, or may require in accordance with section 31 that an existing development plan comply with any regional spatial and economic strategy in force for the area.
(3) An order under subsection (2) may relate—
(a) generally to every regional spatial and economic strategy,
(b) to one or more than one specified strategy, or
(c) to specific elements of each strategy.
(4) Following the making of a regional spatial and economic strategy for its area, each planning authority shall review the existing development plan and consider whether any variation of the development plan is necessary in order to achieve the objectives of the regional spatial and economic strategy.
(5) For the purposes of this section, a planning authority may have, but shall not be obliged to have, regard to any regional spatial and economic strategy after 6 years from the making of such strategy.
(6) The Minister may make regulations concerning matters of procedure and administration to be adopted by a regional assembly in the performance of its functions relating to the preparation of a draft development plan, making of a development plan or variation of a development plan, as the case may be.
Report of regional assembly for preparation of draft development plan
27A. (1) Where a regional assembly receives a notice from a planning authority under section 11(1) it shall prepare submissions or observations for the purposes of section 11(2).
(2) Submissions or observations made by a regional assembly under section 11(2) shall contain a report on matters that, in the opinion of the regional assembly, require consideration by the planning authority concerned in making the development plan.
(3) The submissions or observations and report of the regional assembly shall include, but shall not be limited to, recommendations regarding each of the following matters as respects the area to which the development plan relates:
(a) any policies or objectives for the time being of the Government or any Minister of the Government in relation to national and regional population targets, and the best distribution of residential development and related employment development with a view to—
(i) promoting consistency as far as possible, between housing, settlement and economic objectives in the draft development plan and core strategy and the regional spatial and economic strategy, and
(ii) assisting in drafting the core strategy of the draft development plan;
(b) the objectives of providing physical, economic or social infrastructure in a manner that promotes balanced regional development;
(c) planning for the best use of land having regard to location, scale and density of new development to benefit from investment of public funds in transport infrastructure and public transport services; and
(d) collaboration between the planning authority and the regional assembly in respect of integrated planning for transport and land use, in particular in relation to large scale developments and the promotion of sustainable transportation strategies in urban and rural areas, including the promotion of measures to reduce anthropogenic greenhouse gas emissions and address the necessity of adaptation to climate change.
(4) One or more regional assemblies, who have been directed by the Minister to make a regional spatial and economic strategy for the purpose of section 21(3) in relation to a combined area of the regional assemblies or in respect of any particular part or parts of the area which lie within the area of those regional assemblies, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister.
Role of regional assembly in making of development plan
27B. (1) Where a regional assembly receives a notice from a planning authority under section 12(1) it shall prepare submissions and observations for the purposes of section 12(2).
(2) Submissions or observations made by the regional assembly under subsection (1) shall contain a report which shall state whether, in the opinion of that assembly, the draft development plan, and, in particular, its core strategy, are consistent with the regional spatial and economic strategy in force for the area of the development plan.
(3) Where the opinion of the regional assembly stated in the submissions or observations made and the report issued is that the draft development plan and its core strategy are not consistent with the regional spatial and economic strategy, the submissions, observations and report shall include recommendations as to what amendments, in the opinion of the regional assembly, are required in order to ensure that the draft development plan and its core strategy are so consistent.
(4) The regional assembly shall send a copy of the submission or observations and the report to the Minister.
(5) One or more regional assemblies, who have been directed by the Minister to make a regional spatial and economic strategy for the purpose of section 21(3) in relation to a combined area of the regional assemblies or in respect of any particular part or parts of the area which lie within the area of those regional assemblies, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister.
Role of regional assembly in variation of development plan
27C. (1) Where a regional assembly receives a notice from a planning authority under section 13(1) it shall prepare submissions and observations for the purposes of section 13(2).
(2) Submissions or observations made by the regional assembly under subsection (1) shall contain a report which shall state whether, in the opinion of that assembly, the draft variation of the development plan, and, in particular, its core strategy, are consistent with the regional spatial and economic strategy in force for the area of the development plan.
(3) Where the opinion of the regional assembly stated in the submissions or observations made and the report issued is that the proposed variation of the development plan and its core strategy are not consistent with the regional spatial and economic strategy, the submissions and observations and report shall include recommendations as to what amendments, in the opinion of the regional assembly, are required in order to ensure that the proposed variation to the development plan and its core strategy are so consistent.
(4) The regional assembly shall send a copy of the report to the Minister.
(5) One or more regional assemblies, who have been directed by the Minister to make a regional spatial and economic strategy for the purpose of section 21(3) in relation to a combined area of the regional assemblies or in respect of any particular part or parts of the area which lie within the area of those regional assemblies, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister.”.
(2) The Planning and Development Act 2000 is amended by substituting the following for section 31FF:
“
Co-operation and further provisions relating to regional spatial and economic strategy
31FF. (1) Where a regional assembly (other than the regional assemblies in respect of the GDA) intends to make a regional spatial and economic strategy in accordance with section 24, or to review the existing strategy under section 26, it shall, as soon as may be, consult with the NTA in order to make the necessary arrangements for making the strategy.
(2) The NTA shall assist and co-operate with the regional assembly in making arrangements for the preparation of a regional spatial and economic strategy and in carrying out the preparation of the strategy.
(3) In carrying out its functions under subsection (2), the NTA shall prepare and submit to the regional assembly, within 6 weeks of the commencement of consultation under subsection (1), a report on the issues which, in its opinion, should be considered by the regional assembly in making a regional spatial and economic strategy.”.
(3) The Planning and Development Act 2000 is amended by substituting the following for section 178:
“Restrictions on development by certain local authorities
178. (1) The council of a county shall not effect any development in its functional area which contravenes materially the development plan.
(2) The council of a city shall not effect any development in the city which contravenes materially the development plan.
(3) The council of a city and county shall not effect any development in the city and county which contravenes materially the development plan.”.
(4) The Planning and Development Act 2000 is amended by substituting the following for section 243:
“Charging of expenses of planning authority
243. Expenses under this Act of a planning authority shall be charged on the local authority concerned.”.
(5) The Planning and Development Act 2000 is amended by inserting the following after section 268:
“Transitional provisions consequent on Local Government Reform Act 2014
268A. (1) In this section—
‘2014 establishment day’ has the same meaning as it has in the Local Government Reform Act 2014;
‘dissolved authority’ means a local authority to which subsection (2)relates or a town council to which subsection (3) relates, as the circumstances require;
‘relevant day or date’ means the 2014 establishment day or the transfer date, as the circumstances require;
‘successor authority’ shall be read in accordance with subsection (2) or (3), as the circumstances require;
‘transfer date’ has the same meaning as it has in the Local Government Reform Act 2014.
(2) Consequent on the dissolution of certain local authorities by section 17 of the Local Government Reform Act 2014, the planning authority for each local government area concerned shall, with effect from the 2014 establishment day, be the successor authority as provided for by that section.
(3) Consequent on the dissolution of town councils by Chapter 2 of Part 3 of the Local Government Reform Act 2014, the planning authority for the area which was, immediately before the transfer date (as provided for by that Chapter), the area of a town council shall, on and from that date, be the planning authority for the local government area within which the first-mentioned area is situated on that date (in this section referred to as the ‘successor authority’).
(4) All acts duly done and decisions duly made before the relevant day or date by a planning authority to which subsection (2) relates or a town council to which subsection (3) relates, respectively, shall, subject to this Act, continue to have all such force and effect as they would have had if the transfer order had not been made.
(5) For the purpose of completing any matter outstanding by or with a dissolved authority as the planning authority for a local government area concerned before the relevant day or date, as the case may be, the successor authority shall, on that day or date—
(a) become the planning authority for that area, and
(b) exercise the functions, as the planning authority for that area, of the dissolved body.
(6) So much of Schedule 4 to the Local Government Reform Act 2014 that relates to a dissolved body for the purposes of that Schedule and is relevant to a dissolved body for the purposes of this section shall, subject to any necessary modifications, apply in relation to the Planning and Development Acts 2000 to 2014.”.
(6) Amendments to the Planning and Development Act 2000 (including amendments consequential on subsection (1)) are provided for by section 5(5) and are set out in Part 3 of Schedule 2.
1 OJ No. L197, 21.7.2001 p.30-37
PART 11
Plebiscite on Directly Elected Mayor for Dublin Metropolitan Area