Comhairle Act 2000


Number 1 of 2000


COMHAIRLE ACT 2000

REVISED

Updated to 1 February 2019


This Revised Act is an administrative consolidation of the Comhairle Act 2000. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Local Government Act 2019 (1/2019), enacted 25 January 2019, and all statutory instruments up to and including Brown Crab (Conservation Of Stocks) Regulations 2019 (S.I. No. 26 of 2019), made 1 February 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 1 of 2000


COMHAIRLE ACT 2000

REVISED

Updated to 1 February 2019


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Citizens Information Acts 2000 to 2011 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Social Welfare and Pensions Act 2011 (9/2011), s. 1(2)(b)). The Acts in this group are:

Comhairle Act 2000 (1/2000)

Citizens Information Act 2007 (2/2007)

Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), Part 4

Social Welfare and Pensions Act 2011 (9/2011), s. 21

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1974, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Data Protection Act 2018 (7/2018)

Freedom of Information Act 2014 (30/2014)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Social Welfare and Pensions Act 2011 (9/2011)

Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008)

Citizens Information Act 2007 (2/2007)

Social Welfare Law Reform and Pensions Act 2006 (5/2006)

All Acts up to and including Local Government Act 2019 (1/2019), enacted 25 January 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2014 (S.I. No. 268 of 2014)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. No. 135 of 2013)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Occupational Pension Schemes (Preservation of Benefits) (Amendment) Regulations 2009 (S.I. No. 70 of 2009)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2008 (S.I. No. 295 of 2008)

Occupational Pension Schemes (Preservation of Benefits) Regulations 2002 (S.I. No. 279 of 2002)

Comhairle Regulations 2000 (S.I. No. 369 of 2000)

National Rehabilitation Board (Dissolution and Revocation) Order 2000 (S.I. No. 171 of 2000)

National Rehabilitation Board (Transfer of Property, Rights and Liabilities) Order 2000 (S.I. No. 170 of 2000)

Comhairle Act, 2000 (Establishment Day) Order 2000 (S.I. No. 167 of 2000)

Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993)

All statutory instruments up to and including Brown Crab (Conservation Of Stocks) Regulations 2019 (S.I. No. 26 of 2019), made 1 February 2019, were considered in the preparation of this revision.


Number 1 of 2000


COMHAIRLE ACT 2000

REVISED

Updated to 1 February 2019


ARRANGEMENT OF SECTIONS

PART I

Preliminary And General

Section

1.

Short title.

2.

Interpretation.

3.

Establishment day.

4.

Expenses.

5.

Repeal.

PART II

Comhairle

6.

Establishment of Comhairle.

7.

Functions of Board.

7A.

Personal Advocacy Service.

7B.

Application for assignment of personal advocate.

7C.

Appeals.

7D.

Functions of personal advocate.

7E.

Liability for offences by bodies corporate.

7F.

Arrangement to provide services of personal advocates.

8.

Strategic plans.

9.

Membership of Board and term of office of members.

10.

Chairperson of Board.

11.

Meetings of Board.

12.

Committees of Board.

13.

Chief Executive of Board.

14.

Staff of Board.

15.

Superannuation.

16.

Disclosure by members of Board of certain interests.

17.

Disclosure by staff of Board of certain interests.

18.

Disclosure of information.

18A.

Exclusion resulting from membership of either House of the Oireachtas, European Parliament or local authorities.

19.

Gifts.

20.

Advances by Minister to Board.

21.

Borrowing by Board.

22.

Accounts and audits.

23.

Accountability of Chief Executive.

24.

Reports and information to Minister.

24A.

Directions to Board.

25.

Consultants and advisers.

25A.

Transfer by Minister of certain rights and liabilities.

26.

Seal of Board.

PART III

Dissolution of National Social Service Board and Transitional Provisions

27.

Dissolution of former Board

28.

References to former Board in enactments.

29.

Transfer to Board of certain staff.

30.

Transfer to Board of assets and liabilities of former Board.

31.

Preservation of certain contracts and adaptation of references to former Board.

32.

Pending legal proceedings.

33.

Final accounts of former Board.


Acts Referred to

Companies Acts, 1963 to 1999

Health Act, 1970

1970, No. 1

Health (Corporate Bodies) Act, 1961

1961, No. 27

Health (Eastern Regional Health Authority) Act, 1999

1999, No. 13

National Disability Authority Act, 1999

1999, No. 14

National Social Service Board Act, 1984

1984, No. 2


Number 1 of 2000


COMHAIRLE ACT 2000

REVISED

Updated to 1 February 2019


AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A NEW BODY TO BE KNOWN AS COMHAIRLE AND TO DEFINE ITS FUNCTIONS, AND TO PROVIDE FOR THE REPEAL OF THE NATIONAL SOCIAL SERVICE BOARD ACT, 1984, AND TO PROVIDE FOR CONNECTED MATTERS. [2 nd March, 2000]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

References to “Board” construed (21.02.2007) by Citizens Information Act 2007 (2/2007), s. 3(2), commenced on enactment.

Change of name of Board.

3.—(1) The name of Comhairle is hereby changed and, following the passing of this Act, it shall be known, in the English language, as the Citizens Information Board or, in the Irish language, as An Bord um Fhaisnéis do Shaoránaigh.

(2) References in the Principal Act to the Board shall, following the passing of this Act, be construed as references to the body established by section 6 of that Act whose name is changed by subsection (1).