Local Government Act 2001


Number 37 of 2001


LOCAL GOVERNMENT ACT 2001

REVISED

Updated to 16 April 2019


This Revised Act is an administrative consolidation of the Local Government Act 2001. 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 Companies (Amendment) Act 2019 (10/2019), enacted 11 April 2019, and all statutory instruments up to and including County Of Kerry Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 157 of 2019), made 16 April 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 37 of 2001


LOCAL GOVERNMENT ACT 2001

REVISED

Updated to 16 April 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 first passed.

Related legislation

Ethics in Public Office Acts 1995 and 2001 : Part 15 of the Local Government Act 2001 (37/2001), Ethical Framework for the Local Government Service, deals with the same subject matter as the Ethics in Public Office Acts 1995 and 2001.

Local Elections Acts 1974 to 2014 : this Act (Parts 3, 4, Chapter 3 of Part 5 and s. 243) is one of a group of Acts included in this collective citation, to be construed together as one ( Local Government Reform Act 2014 (1/2014), s. 1(5)). The Acts in the group are:

Local Elections (Petitions and Disqualifications) Act 1974 (8/1974)

Local Government (Reorganisation) Act 1985 (7/1985), so much of the Act as relates to local elections

Local Government Act 1991 (11/1991), Part III and so much of Part IV as relates to local elections

Electoral Act 1992 (23/1992), Part II insofar as it relates to local government electors and Part XXIII insofar as it relates to local elections

Electoral Act 1997 (25/1997), Parts VII and VIII insofar as they relate to local elections

Local Government Act 1998 (16/1998), ss. 9 and 10

Local Elections (Disclosure of Donations and Expenditure) Act 1999 (7/1999) (other than s. 1(4) and so much of s. 25 as relates to the European Parliament elections)

Local Government Act 2001 (37/2001), Parts 3, 4, Chapter 3 of Part 5 and s. 243

Electoral (Amendment) Act 2001 (38/2001), in so far as it relates to local elections

Electoral (Amendment) Act 2002 (4/2002), in so far as it relates to local elections

Local Government (No. 2) Act 2003 (17/2003)

Electoral (Amendment) Act 2004 (15/2004), in so far as it relates to local elections

Electoral (Amendment) Act 2006 (33/2006), in so far as it relates to local elections

Electoral (Amendment) Act 2009 (4/2009), in so far as it relates to local elections

Electoral (Amendment) (No. 2) Act 2009 (9/2009) (other than s. 9)

Electoral (Amendment) (Political Funding) Act 2012 (36/2012), in so far as it relates to local elections

Local Government Reform Act 2014 (1/2014), ss. 1(5), 5(4) and sch. 2 part 2 in so far as it relates to the Local Elections (Petitions and Disqualifications) Act 1974 and the Local Elections (Disclosure of Donations and Expenditure) Act 1999

Acts previously included in the group but now repealed are:

Local Government Act 1994 (8/1994), Parts II and III

Electoral (Amendment) (No. 2) Act 1986 (35/1986), in so far as it relates to local elections

Local Government Acts 1925 to 2019 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Local Government Act 2019 (1/2019), s. 1(3)). The Acts in the group are:

Local Government Act 1925 (5/1925)

Local Government Act 1927 (3/1927)

Local Government Act 1941 (23/1941)

Local Government Act 1946 (24/1946)

Local Government Act 1955 (9/1955)

Local Government (No. 2) Act 1960 (40/1960)

Local Government (Buncrana) Act 1968 (2/1968)

Local Government (Rateability of Rents) (Abolition) Act 1971 (15/1971) in so far as it amends Local Government Acts 1925 to 1967

Local Government (Financial Provisions) Act 1978 (35/1978)

Local Government (Financial Provisions) Act 1983 (10/1983)

Local Government (Financial Provisions) (No. 2) Act 1983 (21/1983)

Local Government (Reorganisation) Act 1985 (7/1985)

Local Government Act 1991 (11/1991)

Local Government Act 1994 (8/1994)

Local Government (Financial Provisions) Act 1997 (29/1997)

Local Government Act 1998 (16/1998)

Local Government (Financial Provisions) Act 2000 (6/2000)

Local Government Act 2001 (37/2001) (other than ss. 163, 164 and 211 and Parts 23 and 24)

Local Government Act 2003 (8/2003)

Local Government (No. 2) Act 2003 (17/2003)

Electoral (Amendment) Act 2004 (15/2004), s. 34

Local Government (Business Improvement Districts) Act 2006 (42/2006), ss. 2 to 7

Water Services Act 2007 (30/2007), ss. 1(7), 13 and 115

Copyright and Related Rights (Amendment) Act 2007 (39/2007), Part 3

Local Government (Miscellaneous Provisions) Act 2012 (17/2012), Part 4

Electoral, Local Government and Planning and Development Act 2013 (27/2013), Part 9

Local Government Reform Act 2014 (1/2014), other than s. 1(3) to (8), s. 5(3) to (5) and sch. 2

Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 57

Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), ss. 1(2)(c), 52

Local Government Act 2019 (1/2019), s. 1(3)

Acts previously included in the group but now repealed are:

Local Government (Amendment) Act 1930 (26/1930)

Local Government Act 1933 (5/1933)

Local Government (Amendment) Act 1934 (5/1934)

Local Government (Amendment) (No. 2) Act 1934 (44/1934)

Local Government Act 1936 (46/1936)

Local Government (Amendment) Act 1939 (9/1939)

Local Government Act 1953 (12/1953)

Local Government Act 1958 (9/1958)

Local Government Act 1959 (10/1959)

Local Government Act 1960 (23/1960)

Local Government (Roads and Motorways) Act 1974 (6/1974)

Local Government (Toll Roads) Act 1979 (34/1979)

Local Government Act 2000 (25/2000)

Planning and Development Acts 2000 to 2018 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Planning and Development (Amendment) Act 2018 (16/2018), s. 1(2)). The Acts in the group are:

Planning and Development Act 2000 (30/2000)

Local Government Act 2001 (37/2001), ss. 2, 5(3) and sch. 4 (in so far as they relate to the Act of 2000) and s. 247

Planning and Development (Amendment) Act 2002 (32/2002), Parts 2 and 3

Housing (Miscellaneous Provisions) Act 2004 (43/2004), s. 2

Planning and Development (Strategic Infrastructure) Act 2006 (27/2006)

Water Services Act 2007 (30/2007), ss. 114 and 1(6)

Harbours (Amendment) Act 2009 (26/2009), ss. 7(1), (2) and 21(3)

Compulsory Purchase Orders (Extension of Time Limits) Act 2010 (17/2010)

Planning and Development (Amendment) Act 2010 (30/2010) (other than Part 3)

Environment (Miscellaneous Provisions) Act 2011 (20/2011), Part 5

Electoral, Local Government and Planning and Development Act 2013 (27/2013), Part 8

Local Government Reform Act 2014 (1/2014), ss. 1(8), 5(7) and sch. 2 part 4.

Urban Regeneration and Housing Act 2015 (33/2015)

Planning and Development (Amendment) Act 2015 (63/2015)

Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), ss. 1(1), (2)(a), (3), 2-29

Planning and Development (Amendment) Act 2017 (20/2017)

Planning and Development (Amendment) Act 2018 (16/2018)

Local Government (Sanitary Services) Acts 1878 to 2001 : this Act (Part 9, Chapter 5) is one of a group of Acts included in this collective citation, to be construed together as one ( Local Government Act 2001, s. 1(4)). The Acts in the group are:

Public Health (Ireland) Act 1878 (41 & 42 Vict. c. 52)

Public Health (Ireland) Amendment Act 1879 (42 & 43 Vict. c. 57)

Public Health Acts Amendment Act 1890 (53 & 54 Vict. c. 59)

Public Health (Ireland) Act 1896 (59 & 60 Vict. c. 19 & c. 54)

Public Health Acts Amendment Act 1907 (7 Edw. 7. c. 53)

Local Government Act 1925 (5/1925), Part II

Local Government (Sanitary Services) Act 1948 (3/1948)

Local Government (Sanitary Services) (Joint Burial Boards) Act 1952 (22/1952)

Local Government (Sanitary Services) Act 1962 (26/1962)

Local Government (Sanitary Services) Act 1964 (29/1964)

Local Government (Delimitation of Water Supply Disconnection Powers) Act 1995 (18/1995)

Local Government Act 2001 (37/2001), Part 9, Chapter 5

Acts previously included in the group but now repealed are:

Public Health (Ireland) Amendment Act 1884 (47 & 48 Vict. c. 77)

Public Health (Ireland) Act 1900 (63 & 64 Vict. c. 10)

Public Health (Prevention and Treatment of Disease) (Ireland) Act 1917 (7 & 8 Geo. 5. c. 40)

Public Health (Borrowing Powers) (Ireland) Act 1918 (8 & 9 Geo. 5. c. 35)

Public Health (Medical Treatment of Children) (Ireland) Act 1919 (9 & 10 Geo. 5. c. 16)

Local Government Act 1927 (3/1927), so much as relates to public health

Public Health (Special Expenses) Act 1931 (3/1931)

Local Government (Sanitary Services) Act 1962 (26/1962)

Local Government (Delimitation of Water Supply Disconnection Powers) Act 1995 (18/1995)

Roads Acts 1993 to 2015 : this Act is one of a group of Acts included in this collective citation, to be read together as one ( Roads Act 2015, s. 1(2)). The Acts in the group are:

Roads Act 1993 (14/1993)

Roads (Amendment) Act 1998 (23/1998), (other than s. 7)

Planning and Development Act 2000 (30/2000), s. 215 and Part XX

Local Government Act 2001 (37/2001), ss. 81 and 245

Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 51

Roads Act 2007 (34/2007), other than ss. 12 and 13

Roads Act 2015 (14/2015)

Temple Bar Area Renewal and Development Acts 1991 and 2001 : this Act (Part 23) is one of a group of Acts included in this collective citation, to be construed together as one ( Local Government Act 2001, s. 1(6)). The Acts in the group are:

Temple Bar Area Renewal and Development Act 1991 (19/1991)

Local Government Act 2001 (37/2001), Part 23

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

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 1972, 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

Local Government Act 2019 (1/2019)

Criminal Justice (Corruption Offences) Act 2018 (9/2018)

Harbours Act 2015 (61/2015)

Housing (Miscellaneous Provisions) Act 2014 (21/2014)

Local Government Reform Act 2014 (1/2014)

Water Services (No. 2) Act 2013 (50/2013)

Child and Family Agency Act 2013 (40/2013)

Electoral, Local Government and Planning and Development Act 2013 (27/2013)

Education and Training Boards Act 2013 (11/2013)

Civil Defence Act 2012 (51/2012)

Local Government (Miscellaneous Provisions) Act 2012 (17/2012)

Environment (Miscellaneous Provisions) Act 2011 (20/2011)

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

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Housing (Miscellaneous Provisions) Act 2009 (22/2009)

Copyright and Related Rights (Amendment) Act 2007 (39/2007)

Water Services Act 2007 (30/2007)

Local Government (Business Improvement Districts) Act 2006 (42/2006)

Health Act 2004 (42/2004)

Public Service Management (Recruitment and Appointments) Act 2004 (33/2004)

Health (Amendment) Act 2004 (19/2004)

Electoral (Amendment) Act 2004 (15/2004)

Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004)

Arts Act 2003 (24/2003)

Local Government (No. 2) Act 2003 (17/2003)

Waste Management Act 1996 (10/1996)

All Acts up to and including Companies (Amendment) Act 2019 (10/2019), enacted 11 April 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

County Of Kerry Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 157 of 2019)

County Of Tipperary Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 156 of 2019)

County Of Cork Local Electoral Areas And Municipal Districts Order 2019 (S.I. No. 28 of 2019)

City Of Cork Local Electoral Areas Order 2019 (S.I. No. 27 of 2019)

Local Government Act 2001 (Commencement) Order 2019 (S.I. No. 24 of 2019)

County Of Meath Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 8 of 2019)

County Of Wicklow Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 7 of 2019)

County Of Louth Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 6 of 2019)

County of Wicklow Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 638 of 2018)

County of Wexford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 637 of 2018)

County of Westmeath Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 636 of 2018)

City and County of Waterford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 635 of 2018)

County of Tipperary Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 634 of 2018)

County of South Dublin Local Electoral Areas Order 2018 (S.I. No. 633 of 2018)

County of Sligo Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 632 of 2018)

County of Roscommon Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 631 of 2018)

County of Offaly Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 630 of 2018)

County of Monaghan Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 629 of 2018)

County of Meath Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 628 of 2018)

County of Mayo Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 627 of 2018)

County of Louth Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 626 of 2018)

County of Longford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 625 of 2018)

City and County of Limerick Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 624 of 2018)

County of Leitrim Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 623 of 2018)

County of Laois Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 622 of 2018)

County of Kilkenny Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 621 of 2018)

County of Kildare Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 620 of 2018)

County of Kerry Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 619 of 2018)

County of Galway Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 618 of 2018)

City of Galway Local Electoral Areas Order 2018 (S.I. No. 617 of 2018)

County of Fingal Local Electoral Areas Order 2018 (S.I. No. 616 of 2018)

County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2018 (S.I. No. 615 of 2018)

City of Dublin Local Electoral Areas Order 2018 (S.I. No. 614 of 2018)

County of Donegal Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 613 of 2018)

County of Clare Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 612 of 2018)

County of Cavan Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 611 of 2018)

County of Carlow Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 610 of 2018)

National Oversight and Audit Commission (Number of Members) Order 2018 (S.I. No. 442 of 2018)

Local Government (Expenses of Local Authority Members) (Amendment) Regulations 2017 (S.I. No. 494 of 2017)

Community Development (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 357 of 2017)

National Oversight and Audit Commission (Number of Members) Order 2016 (S.I. No. 536 of 2016)

Local Government (Audit Fees) Regulations 2015 (S.I. No. 447 of 2015)

Local Government (Prescribed Bodies) Regulations 2015 (S.I. No. 446 of 2015)

Local Government (Financial and Audit Procedures) (Amendment) Regulations 2015 (S.I. No. 363 of 2015)

Local Government (Audit Fees) Regulations 2015 (S.I. No. 109 of 2015)

Local Government Act 1991 (Regional Assemblies) (Establishment) (Amendment) Order 2015 (S.I. No. 62 of 2015)

Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015)

Local Government (Appointment of Chief Executive) Regulations 2014 (S.I. No. 589 of 2014)

Local Government Act 1991 (Regional Assemblies) (Establishment) Order 2014 (S.I. No. 573 of 2014)

Local Community Development Committee (Section 128E) (Amendment) (No. 1) Regulations 2014 (S.I. No. 314 of 2014)

National Oversight and Audit Commission (Number of Members) Order 2014 (S.I. No. 298 of 2014)

National Oversight and Audit Commission (Establishment) Order 2014 (S.I. No. 297 of 2014)

Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014)

Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014)

Local Community Development Committee (Section 128E) Regulations 2014 (S.I. No. 234 of 2014)

Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014)

Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014)

Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014)

County of Wicklow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 70 of 2014)

County of Wexford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 69 of 2014)

County of Westmeath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 68 of 2014)

City and County of Waterford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 67 of 2014)

County of Tipperary Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 66 of 2014)

County of South Dublin Local Electoral Areas Order 2014 (S.I. No. 65 of 2014)

County of Sligo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 64 of 2014)

County of Roscommon Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 63 of 2014)

County of Offaly Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 62 of 2014)

County of Monaghan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 61 of 2014)

County of Meath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 60 of 2014)

County of Mayo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 59 of 2014)

County of Louth Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 58 of 2014)

County of Longford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 57 of 2014)

City and County of Limerick Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 56 of 2014)

County of Leitrim Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 55 of 2014)

County of Laois Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 54 of 2014)

County of Kilkenny Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 53 of 2014)

County of Kildare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 52 of 2014)

County of Kerry Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 51 of 2014)

County of Galway Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 50 of 2014)

City of Galway Local Electoral Areas Order 2014 (S.I. No. 49 of 2014)

County of Fingal Local Electoral Areas Order 2014 (S.I. No. 47 of 2014)

County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2014 (S.I. No. 46 of 2014)

City of Dublin Local Electoral Areas Order 2014 (S.I. No. 45 of 2014)

County of Donegal Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 44 of 2014)

County of Cork Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 43 of 2014)

County of Clare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 42 of 2014)

County of Cavan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 41 of 2014)

County of Carlow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 40 of 2014)

Local Government Act 2001 (Commencement of Certain Provisions) Order 2014 (S.I. No. 37 of 2014)

Local Government (Financial Procedures and Audit) (Amendment) Regulations 2014 (S.I. No. 8 of 2014)

Local Government Act 2001 (Appointment of Manager)(Waterford) Order 2013 (S.I. No. 583 of 2013)

Local Government Act 2001 (Specified Council)(Waterford) Order 2013 (S.I. No. 582 of 2013)

Local Government (Prescribed Bodies) Regulations 2013 (S.I. No. 457 of 2013)

Local Government (Audit Fees) Regulations 2013 (S.I. No. 456 of 2013)

Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013)

Local Government Act 2001 (section 230) Order 2013 (S.I. No. 447 of 2013) (S.I. No. 447 of 2013)

Local Government Act 2001 (Commencement) Order 2013 (S.I. No. 446 of 2013) (S.I. No. 446 of 2013)

Local Government Act 2001 (Specified Council) (Tipperary) Order 2013 (S.I. No. 430 of 2013)

Local Government Act 2001 (Appointment of Manager) (Tipperary) Order 2013 (S.I. No. 429 of 2013)

Copyright and Related Rights (Public Lending Remuneration Scheme) (Amendment) Regulations 2013 (S.I. No. 221 of 2013)

Local Government (Tenure of Office of Managers) (Amendment No. 2) Regulations 2012 (S.I. No. 406 of 2012)

Local Government Act 2001 (Specified Council) (Limerick) Order 2012 (S.I. No. 271 of 2012)

Local Government (Tenure of Office of Managers) (Amendment) Regulations 2012 (S.I. No. 157 of 2012)

Local Government (Tenure of Office of Managers) Regulations 2012 (S.I. No. 50 of 2012)

Local Government (Tenure of Office of Managers) Regulations 2011 (S.I. No. 573 of 2011)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Local Government Act 2001 (Commencement) Order 2011 (S.I. No. 447 of 2011)

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

Housing (Transfer of Functions) Order 2011 (S.I. No. 85 of 2011)

Local Government Act 2001 (Section 142) Regulations 2010 (S.I. No. 37 of 2010)

Copyright and Related Rights (Public Lending Remuneration Scheme) Regulations 2008 (S.I. No. 597 of 2008)

Local Government (Financial Procedures and Audit) Regulations 2002 (Amendment) Order 2008 (S.I. No. 467 of 2008)

Local Government (An Chomhairle Leabharlanna) (Amendment) Regulations 2008 (S.I. No. 55 of 2008)

Roads and Road Vehicles (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 815 of 2007)

Local Government (An Chomhairle Leabharlanna) (Amendment) Regulations 2007 (S.I. No. 708 of 2007)

Local Government (Business Improvement Districts Ratepayer Plebiscite) Regulations 2007 (S.I. No. 166 of 2007)

Local Authority Members (Gratuity) (Amendment) Regulations 2006 (S.I. 674 of 2006)

Local Government (Expenses of Local Authority Members) Regulations 2006 (S.I. No. 668 of 2006)

Local Government Act 2001 (Bye-Laws) Regulations 2006 (S.I. No. 362 of 2006)

Local Government Act 2001 (Commencement) Order 2006 (S.I. No. 361 of 2006)

Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004)

Local Government Act 2001 (Commencement) Order 2004 (S.I. No. 217 of 2004)

Local Government Act 2001 (Section 161) Order 2004 (S.I. No. 216 of 2004)

Athlone Town Boundary Alteration (Supplementary) Order 2003 (S.I. No. 705 of 2003)

Local Government (Audit Fees) Regulations 2003 (S.I. No. 622 of 2003)

Local Authority Members (Gratuity) (Amendment) Regulations 2003 (S.I. No. 302 of 2003)

Local Government Act 2001 (Section 237A) Regulations 2003 (S.I. No. 274 of 2003)

Local Government Act 2001 (Part 15) Regulations 2003 (S.I. No. 73 of 2003)

Local Government (Tenure of Office of Managers) Regulations 2003 (S.I. No. 47 of 2003)

Local Government (An Chomhairle Leabharlanna) (Amendment) Regulations 2003 (S.I. No. 28 of 2003)

Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002)

Local Government Act 2001 (Section 231) Order 2002 (S.I. No. 531 of 2002)

Local Government (Financial Procedures and Audit) Regulations 2002 (S.I. No. 508 of 2002)

Local Government Act 2001 (Commencement) (No. 5) Order 2002 (S.I. No. 507 of 2002)

Local Authority Members (Gratuity) (Amendment) Regulations 2002 (S.I. No. 378 of 2002)

Local Authority Members (Gratuity) Regulations 2002 (S.I. 281 of 2002)

Local Government Act 2001 (Commencement) (No. 4) Order 2002 (S.I. No. 250 of 2002)

Local Government Act 2001 (Commencement) (No. 3) Order 2002 (S.I. No. 218 of 2002)

Local Government Act 2001 (County Tipperary Joint Libraries Committee) Regulations 2002 (S.I. No. 214 of 2002)

Local Government Act 2001 (Commencement) (No. 2) Order 2002 (S.I. No. 213 of 2002)

Local Government Act 2001 (Meetings) Regulations 2002 (S.I. No. 66 of 2002)

Local Government Act 2001 (Commencement) Order 2002 (S.I. No. 65 of 2002)

Local Government Act 2001 (Establishment Day) Order 2001 (S.I. No. 591 of 2001)

Local Government Act 2001 (Supplementary Provisions) Regulations 2001 (S.I. No. 590 of 2001)

Local Government Act 2001 (County and City Development Boards) Order 2001 (S.I. No. 589 of 2001)

Local Government Act 2001 (Commencement) (No. 3) Order 2001 (S.I. No. 588 of 2001)

Local Government (Representational Payment For Members) Regulations 2001 (S.I. No. 552 of 2001)

Local Government Act 2001 (Commencement) (No. 2) Order 2001 (S.I. No. 551 of 2001)

Local Government Act 2001 (Commencement) Order 2001 (S.I. No. 458 of 2001)

Local Government (An Chomhairle Leabharlanna) Regulations 1997 (S.I. No. 499 of 1997)

All statutory instruments up to and including County Of Kerry Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 157 of 2019), made 16 April 2019, were considered in the preparation of this revision.


Number 37 of 2001


LOCAL GOVERNMENT ACT 2001

REVISED

Updated to 16 April 2019


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title and collective citations.

2.

Interpretation generally.

3.

Construction of enactments.

4.

Regulations, orders and directions.

5.

Repeals, revocation and amendment of enactments.

6.

Savers.

7.

Commencement.

8.

Expenses.

PART 2

Local Government Areas and Local Authorities

9.

Establishment day.

10.

Local government areas.

11.

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

PART 3

Local Authority Membership

12.

Eligibility for local authority membership.

13.

Disqualifications from local authority membership.

13A.

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

14.

Prohibition on multiple membership of local authorities.

15.

Offence to act when disqualified.

16.

Cesser of membership.

17.

Term of office.

18.

Resignation from membership.

19.

Casual vacancies.

20.

Savers ( Part 3).

21.

Number of members of local authorities, etc.

22.

Alteration of number of members of local authority.

PART 3A

Municipal Districts

22A.

Municipal districts.

22B.

Members for municipal districts.

22C.

Cathaoirleach of municipal district.

PART 4

Local Elections

23.

Local electoral areas.

24.

Right to vote at local elections.

25.

Prohibition of plural voting.

26.

Year of elections to all local authorities.

27.

Conduct of elections.

28.

Temporary arrangements with respect to certain polling districts and register of electors.

29.

Consequential appointments to certain other bodies.

30.

Savers ( Part 4).

PART 5

Cathaoirleach and Leas-Chathaoirleach

Chapter 1

General

31.

Cathaoirleach and Leas-Chathaoirleach.

32.

Alternative titles to Cathaoirleach and Leas-Chathaoirleach, etc.

33.

Resignation of Cathaoirleach or Leas-Chathaoirleach.

34.

Removal of Cathaoirleach or Leas-Chathaoirleach from office.

Chapter 2

Election by Local Authority

35.

Application of Chapter 2. (repealed)

35A.

Application of Chapter to municipal district members.

36.

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

37.

Method of election of Cathaoirleach by local authority.

38.

Casual vacancy in the office of Cathaoirleach or Leas-Chathaoirleach.

Chapter 3

Direct Election

39.

Application of Chapter 3. (repealed)

40.

Direct election and tenure of Cathaoirleach of county council and city council. (repealed)

41.

Casual vacancy in office of Cathaoirleach of county council or city council. (repealed)

42.

Amendments to certain Acts, relating to direct elections, etc. (repealed)

43.

Election petitions in relation to direct elections. (repealed)

PART 6

Meetings and Proceedings of Local Authorities

44.

Application ( Part 6).

45.

Attendance of public and media at meetings.

46.

Meetings administrator.

47.

Effective discharge of business.

PART 7

Committees and Joint Committees

48.

Strategic policy committees.

49.

Municipal policy committees.

49A.

Local Community Development Committees.

50.

Area committees.

51.

Committees of local authorities.

52.

Joint committees of local authorities.

53.

Saver for acts of committee or joint committee.

54.

Regulations ( Part 7).

PART 8

Local Authority Boundary Alteration

55.

Interpretation ( Part 8).

56.

Proposal by local authority for alteration of boundary.

57.

Application for boundary alteration.

58.

Supplementary provision to sections 56 and 57.

59.

Minister may request review.

60.

Report by Local Government Commission.

61.

Power to alter boundaries, etc.

62.

Provisions consequential on boundary alteration.

PART 9

Functions of Local Authorities

Chapter 1

General Functions of Local Authorities

63.

Statement of local authority functions.

64.

Representational functions of local authorities.

65.

Ancillary functions of local authorities.

66.

Promotion of interests of local community.

66A.

Interpretation (sections 66A to 66H).

66B.

Local economic and community plan.

66C.

Preparation and making of local economic and community plans.

66D.

Publication of local economic and community plans.

66E.

Implementation of the economic elements of local economic and community plans.

66F.

Monitoring and review of economic elements of local economic and community plans.

66G.

Annual Report on monitoring and review of local economic and community plans.

66H.

Regulations and general policy guidelines.

67.

Amenity, recreation and other functions.

68.

Irish language and local authorities.

69.

Local authorities to have regard to certain matters in performing functions, etc.

70.

Exercise of certain functions.

71.

Objective of unified service to the public.

72.

Transfer of certain functions to local authorities.

73.

Saver (functional area).

Chapter 2

Ceremonial Functions

74.

Civic honours.

75.

Twinning of local authority areas.

76.

Entertainment and associated expenses of local authorities.

Chapter 3

Library and Archival Functions

77.

Library authorities.

78.

Functions of library authorities.

79.

An Chomhairle Leabharlanna. (repealed)

80.

Records and archives of local authorities.

Chapter 4

Non-Public Roads — Local Improvement Schemes

81.

Assistance towards non-public roads.

Chapter 5

Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc.

82.

Definitions ( Chapter 5).

83.

Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc.

84.

Saver ( Chapter 5).

PART 10

Agreements and arrangements concerning functions

85.

Agreements concerning functions.

86.

Joint discharge of functions and provision of services.

87.

Direction to make agreements.

88.

Savers ( Part 10).

PART 11

Local Government Commission

89.

Establishment of Local Government Commission.

90.

Functions of Commission.

91.

Members of Commission.

92.

Eligibility and tenure of office of members, etc. (repealed)

93.

Meetings and procedures of Commission. (repealed)

94.

Services to Commission. (repealed)

95.

Submissions to Commission. (repealed)

PART 12

Financial Procedures and Audit

Chapter 1

Financial Procedures

96.

Local financial year.

97.

The local fund.

98.

Banking arrangements.

99.

Authorisation of payments.

100.

County council expenditure: town services. (repealed)

101.

Expenses of certain town councils. (repealed)

102.

Local authority budget.

103.

Local authority budget meeting.

103A.

Schedule of municipal district works.

104.

Limitation on additional expenditure.

105.

Submission of financial statements and reports.

106.

Borrowing and lending of money.

107.

Keeping of accounts.

108.

Consideration of annual financial statement.

109.

Community fund.

110.

Community initiative scheme.

111.

Regulations ( Chapter 1).

112.

Obligations in case of proposal involving illegal payment, deficiency or loss.

113.

Savers.

Chapter 2

Audit

114.

Interpretation ( Chapter 2).

115.

Application ( Chapter 2).

116.

Local Government Audit Service.

117.

Code of audit practice.

118.

Audit procedure.

119.

Right of auditor to inspect documents, obtain information, etc.

120.

Audit opinion and report.

121.

Consideration of annual financial statement and auditor’s report.

122.

Audit committee.

123.

Extraordinary audit.

124.

Re-assignment of audit.

125.

Audit fees.

126.

Certification of claims, returns, etc.

PART 12A

National Oversight and Audit Commission

126A.

Interpretation (Part 12A).

126B.

Establishment of Commission.

126C.

Functions of Commission.

126D.

Reports to Minister or appropriate Minister.

126E.

Requests for information, etc., made to local government body, etc.

126F.

Requests for information, etc., made to certain public authorities.

126G.

Submissions to Commission.

126H.

Members of Commission.

126I.

Eligibility and tenure of office of members, etc.

126J.

Meetings and procedures of Commission.

126K.

Governance of Commission.

126L.

Regulations and determinations (Part 12A).

PART 13

Chapter 1

Local Authorities and the Local Community

127.

Consultation with local community.

128.

Recognised associations.

Chapter 2

Local Community Development Committees

128A.

Interpretation (Chapter 2).

128B.

Functions of Local Community Development Committees.

128C.

Membership of Local Community Development Committees.

128D.

Staffing of Local Community Development Committee.

128E.

Regulations and general policy guidelines.

128F.

Co-operation with Local Community Development Committees.

129.

County or City Development Boards. (repealed)

PART 13A

Business Improvement Districts

129A.

Definitions (Part 13).

129B.

Rating authority approval of a business improvement district scheme.

129C.

BID proposal.

129D.

BID proposal to be available to public.

129E.

Public input to BID proposal.

129F.

Next steps after public input.

129G.

BID proposal goes to ratepayer plebiscite.

129H.

Costs of ratepayer plebiscite.

129I.

BID company requirements.

129J.

BID company to meet and adopt first budget following approval of BID scheme.

129K.

Separate BID fund to be established following approval of BID scheme.

129L.

Annual budget for BID scheme.

129M.

Annual BID multiplier.

129N.

Annual BID contribution levy.

129O.

Recalculation of levy in event of total destruction or demolition of property.

129P.

Recalculation of levy if valuation amended during chargeable period.

129Q.

Care and management of BID contribution levies.

129R.

Keeping of accounts and financial statements.

129S.

Early termination of BID schemes.

129T.

Final accounting of BID fund on termination of BID scheme.

PART 14

The Local Government Service

Chapter 1

The Elected Council

130.

Policy role of elected council.

131.

Reserved functions.

131A.

Performance of reserved functions in respect of municipal district members.

131B.

Supplemental provisions to section 131 and 131A.

132.

Reserved functions: duty of chief executive.

133.

Corporate policy group.

134.

Corporate plan.

134A.

Local authority service delivery plans.

135.

Report on capital programme.

136.

Furnishing of information to elected council.

137.

Plans, specifications to be prepared for elected council.

138.

Prior information to elected council.

139.

Direction that works not proceed.

140.

Requirement that a particular thing be done.

141.

Duty of members appointed to other bodies.

142.

Members’ expenses, remuneration, etc.

143.

Allowance for Cathaoirleach and Leas-Chathaoirleach.

Chapter 2

Position of Chief Executive

144.

Position of chief executive.

145.

Appointment of chief executive.

146.

Suspension and removal of chief executive.

147.

Tenure of chief executive.

148.

Deputy chief executive.

149.

Executive functions.

149A.

Executive functions and shared services.

Chapter 3

Procedural Matters

150.

Definitions.

151.

Manager acting by signed order.

152.

Attendance of manager at local authority meetings.

153.

Legal proceedings.

154.

Delegation of functions.

Chapter 4

Local Authority Personnel

155.

Definitions ( Chapter 4).

156.

Appropriate Minister.

157.

Application ( Chapter 4).

158.

Provisions relating to the employment of persons by local authorities.

159.

Staffing and organisational arrangements.

160.

Qualifications for employment.

161.

Restrictions on local authority employment and membership of a local authority.

162.

Modification of restriction on being employed under certain related bodies.

163.

Amendment of Local Authorities (Officers and Employees) Act, 1926.

164.

Amendment of Unfair Dismissals Act, 1977.

165.

Savers ( Chapter 4).

PART 15

Ethical Framework for the Local Government Service

166.

Interpretation ( Part 15).

167.

Application ( Part 15).

168.

Standards of integrity.

169.

Codes of conduct for Local Government Service.

170.

Prohibition of favours, rewards, etc.

171.

Annual declaration.

172.

Public register of interests.

173.

Ethics registrar.

174.

Duty of ethics registrar, etc.

175.

Declarable interests.

176.

Beneficial interests.

177.

Disclosure by member of local authority of pecuniary or other beneficial interests.

178.

Disclosure by manager for local authority of pecuniary or other beneficial interests.

179.

Disclosure by employee, etc. of local authority of pecuniary or other beneficial interests.

180.

Application of Ethics in Public Office Act, 1995, etc.

181.

Offences ( Part 15).

182.

Consequences of failure to comply with sections 171, 177, 178 and 179.

PART 16

Land

183.

Land disposals, notification of members.

184.

Exercise of certain land functions.

PART 17

Establishment of New Town Councils, etc.

185.

Establishment of town council.

186.

First election to town council.

187.

Dissolution of town council.

PART 18

Changing of Names of Areas and Display of Names of Streets, etc.

188.

Interpretation.

189.

Changing of placename.

190.

Change of placename of place situated in more than one local authority area.

191.

Daingean Uí Chúis.

192.

General provisions relating to change of names.

193.

Display of name of street or place.

194.

Construction of references.

195.

Changing of name of locality situated in more than one local authority area. (Repealed)

196.

General provisions relating to change of names. (Repealed)

197.

Display of name of street, etc. (Repealed)

PART 19

Bye-Laws

198.

Interpretation ( Part 19).

199.

Power to make bye-law.

200.

Procedure for making bye-law.

201.

Certain bye-laws to be submitted to appropriate Minister.

202.

Publication of bye-law.

203.

Proof of bye-law.

204.

Obstruction, etc. of authorised person.

205.

Bye-law offences and penalties.

206.

Fixed payment notices.

207.

Prosecution of offences ( Part 19).

208.

Payments of fines and fixed payments.

209.

Continuation in force of existing bye-laws, etc.

210.

Power to apply ( Part 19).

211.

Amendment of Control of Dogs Act, 1986.

PART 19A

Entry Year Property Levy

211A.

Definitions.

211B.

Entry year property levy.

211C.

Recalculation of levy in event of total destruction or demolition of property.

211D.

Recalculation of entry year levy if rateable valuation amended.

211E.

Post-entry year property levy in specified circumstances.

211F.

Recalculation of post-entry year levy if rateable valuation amended.

PART 20

Public Local Inquiries

212.

Power to hold public local inquiries.

213.

Power of inspector conducting a public local inquiry.

214.

Power to direct payment of certain costs in relation to a public local inquiry, etc.

PART 21

Consequential Provisions on Failure to Perform Functions

215.

Definitions ( Part 21).

216.

Failure to perform functions, etc.

217.

Holding of new election after removal of members.

218.

Appointment of commissioners, etc.

219.

Exercise of functions by commissioners.

220.

Linked bodies.

PART 22

Miscellaneous

221.

Annual report.

222.

Returns, information to Minister.

223.

Electoral divisions.

224.

Report by authorised person.

225.

Local authority associations.

226.

Local Authority Members’ Association.

227.

Reclaimed land and structures to form part of local authority area.

228.

Acceptance of gifts by a local authority.

229.

Power of local authorities to enter into contracts, etc.

230.

Joint burial boards.

231.

Joint drainage committees.

232.

Regulations to remove difficulties.

233.

Reduction of grants etc. in certain circumstances.

234.

Offence by body corporate.

235.

Commencement of summary proceedings.

236.

Discharge of certain functions by Minister.

237.

Regional authorities, functions.

237A.

Regulations relating to members of House of Oireachtas.

PART 23

Transfer of Temple Bar Properties Limited to Dublin City Council

238.

Definition ( Part 23).

239.

Transfer of Temple Bar Properties Limited to Dublin City Council.

240.

Shareholder in Temple Bar Properties Limited.

241.

Transitional ( Part 23).

242.

Repeals ( Part 23).

PART 24

Miscellaneous Amendments

243.

Amendment of Electoral Act, 1992.

244.

Amendment of Housing (Traveller Accommodation) Act, 1998.

245.

Amendment of Roads Act, 1993.

246.

Amendment of Abattoirs Act, 1988.

247.

Additional amendments to Planning and Development Act, 2000.

SCHEDULE 1

Acts included in collective citation — Local Government Acts, 1925 to 2001

SCHEDULE 2

Construction of Certain Terms in Other Enactments

SCHEDULE 3

Enactments Repealed and Revoked

SCHEDULE 4

Minor and consequential Amendments to Acts

SCHEDULE 5

Local Government Areas

SCHEDULE 6

Local Government Areas (Towns)

SCHEDULE 7

Number of Members of Local Authorities

SCHEDULE 8

Alternative Titles to Cathaoirleach and Leas-Chathaoirleach, etc.

SCHEDULE 9

Minor and Consequential Amendments relating to Direct Elections, etc. (repealed)

SCHEDULE 10

Meetings and Proceedings of Local Authorities

1.

Local authority meetings.

2.

Place, date and time of meetings.

3.

Day of annual meeting.

4.

Business and public notice of annual meeting.

5.

Local authority budget meeting.

6.

Special meetings.

7.

Notification of meeting and agenda.

8.

Public notice of meetings.

9.

Business of meeting.

10.

Chairing of meetings.

11.

Quorum.

12.

Doing of acts and determination of questions.

13.

Disorderly conduct.

14.

Minutes.

15.

Record of attendance at meetings and address for correspondence.

16.

Standing orders.

17.

Committees.

18.

Right to form groups for certain appointments.

19.

Equity in appointments, etc.

SCHEDULE 11

Local Authority Boundary Alteration

SCHEDULE 12

Acts of the Oireachtas: Functions of Local Authorities

SCHEDULE 13

Amenities, Recreation and Other Functions

SCHEDULE 14

Certain Reserved Functions

SCHEDULE 14A

Reserved Functions

SCHEDULE 15

Functions to be done by Manager’s Order

SCHEDULE 16

Relevant Bodies to which Section 128F(1)(d) Relates


Acts Referred to

Abattoirs Act, 1988

1988, No. 8

Air Pollution Act, 1987

1987, No. 6

Air-raid Precautions Acts, 1939 and 1946

Arterial Drainage Acts, 1945 and 1995

Arts Acts, 1951 and 1973

Building Control Act, 1990

1990, No. 3

Canals Act, 1986

1986, No. 3

Casual Trading Act, 1995

1995, No. 19

City and County Management (Amendment) Act, 1955

1955, No. 12

Civil Service Regulation Act, 1956

1956, No. 46

Coast Protection Act, 1963

1963, No. 12

Commissioners Clauses Act, 1847

10 & 11 Vict. c. 16

Companies Act, 1963

1963, No. 33

Companies Acts, 1963 to 1999

Control of Dogs Act, 1986

1986, No. 32

Control of Dogs Acts, 1986 and 1992

Control of Dogs (Amendment) Act, 1992

1992, No. 13

Control of Horses Act, 1996

1996, No. 37

Cork City Management Act, 1929

1929, No. 1

Cork City Management (Amendment) Act, 1941

1941, No. 5

Cork City Management (Amendment) Act, 1965

1965, No. 8

Coroners Act, 1962

1962, No. 9

Counties and Boroughs (Ireland) Act, 1840

3 & 4 Vict. c. 109

County Dublin Grand Jury Act, 1844

7 & 8 Vict. c. 106

County Management Act, 1940

1940, No. 12

County Management (Amendment) Act, 1942

1942, No. 13

County Management (Amendment) Act, 1972

1972, No. 32

County Treasurers (Ireland) Act, 1867

30 & 31 Vict. c. 46

Courthouses (Provision and Maintenance) Act, 1935

1935, No. 18

Courts (Establishment and Constitution) Act, 1961

1961, No. 38

Dangerous Substances Acts, 1972 and 1979

Derelict Sites Act, 1990

1990, No. 14

Development and Road Improvement Funds Act, 1909

9 Edw. 7. c. 47

Dublin Docklands Development Authority Act, 1997

1997, No. 7

Dublin Transport Authority (Dissolution) Act, 1987

1987, No. 34

Ethics in Public Office Act, 1995

1995, No. 22

Electoral Act, 1963

1963, No. 19

Electoral Act, 1992

1992, No. 23

Electoral Act, 1997

1997, No. 25

Electoral Act, 1992 to 1999

Electoral (Amendment) Act, 1998

1998, No. 4

Environmental Protection Agency Act, 1992

1992, No. 7

European Parliament Elections Act, 1997

1997, No. 2

Finance (Excise Duties) (Vehicles) Act, 1952

1952, No. 24

Fire Services Act, 1981

1981, No. 30

Food Safety Authority of Ireland Act, 1998

1998, No. 29

Foreshore Acts, 1933 to 1998

Gaming and Lotteries Act, 1956

1956, No. 2

Grand Jury (Ireland) Act, 1836

6 & 7 Will. 4 c. 116

Grand Jury (Ireland) Act, 1853

16 & 17 Vict. c. 136

Harbours Act, 1946

1946, No. 9

Harbours Act, 1996

1996, No. 11

Harbours Acts, 1946 to 1976

Health Act, 1970

1970, No. 1

Health Acts, 1947 to 2001

Health (Eastern Regional Health Authority) Act, 1999

1999, No. 13

Health (Fluoridation of Water Supplies) Act, 1960

1960, No. 46

Holidays (Employees) Act, 1973

1973, No. 25

Housing Act, 1966

1966, No. 21

Housing Act, 1988

1988, No. 28

Housing Acts, 1966 to 1998

Housing (Miscellaneous Provisions) Act, 1992

1992, No. 18

Housing (Private Rented Dwellings) Acts, 1982 and 1983

Housing (Traveller Accommodation) Act, 1998

1998, No. 33

Industrial Development Act, 1986

1986, No. 9

Industrial Development Act, 1995

1995, No. 28

Interpretation Act, 1937

1937, No. 38

Limerick City Management Act, 1934

1934, No. 35

Limerick City Management Act, 1950

1950, No. 24

Litter Pollution Act, 1997

1997, No. 12

Local Authorities (Acceptance of Gifts) Act, 1945

1945, No. 30

Local Authorities (Cost of Living) Act, 1940

1940, No. 22

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

1945, No. 13

Local Authorities (Electrical Employees) Act, 1937

1937, No. 13

Local Authorities (Higher Education Grants) Acts, 1968 to 1992

Local Authorities (Miscellaneous Provisions) Act, 1936

1936, No. 55

Local Authorities (Mutual Assurance) Acts, 1926 to 1935

Local Authorities (Officers and Employees) Act, 1926

1926, No. 39

Local Authorities (Officers and Employees) Acts, 1926 to 1983

Local Authorities (Traffic Wardens) Acts, 1975 and 1987

Local Authorities (Works) Act, 1949

1949, No. 17

Local Elections Acts, 1974 to 1999

Local Elections (Disclosure of Donations and Expenditure) Act, 1999

1999, No. 7

Local Elections (Petitions and Disqualifications) Act, 1974

1974, No. 8

Local Government Act, 1925

1925, No. 5

Local Government Act, 1927

1927, No. 3

Local Government Act, 1941

1941, No. 23

Local Government Act, 1946

1946, No. 24

Local Government Act, 1955

1955, No. 9

Local Government Act, 1958

1958, No. 9

Local Government Act, 1959

1959, No. 10

Local Government (No. 2) Act, 1960

1960, No. 40

Local Government Act, 1991

1991, No. 11

Local Government Act, 1994

1994, No. 8

Local Government Act, 1998

1998, No. 16

Local Government Act, 2000

2000, No. 25

Local Government (Amendment) (No. 2) Act, 1934

1934, No. 44

Local Government Board (Ireland) Act, 1872

35 & 36 Vict. c. 69

Local Government (Buncrana) Act, 1968

1968, No. 2

Local Government (Collection of Rates) Act, 1924

1924, No. 11

Local Government (Dublin) Act, 1930

1930, No. 27

Local Government (Dublin) Act, 1945

1945, No. 8

Local Government (Dublin) Act, 1993

1993, No. 31

Local Government (Financial Provisions) Act, 1978

1978, No. 35

Local Government (Financial Provisions) Act, 1983

1983, No. 10

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

1983, No. 21

Local Government (Financial Provisions) Act, 1997

1997, No. 29

Local Government (Financial Provisions) Act, 2000

2000, No. 6

Local Government (Galway) Act, 1937

1937, No. 3 (Private)

Local Government (Ireland) Act, 1871

34 & 35 Vict. c. 109

Local Government (Ireland) Act, 1898

61 & 62 Vict. c. 37

Local Government (Ireland) Act, 1900

63 & 64 Vict. c. 63

Local Government (Ireland) Act, 1902

2 Edw. 7. c. 38

Local Government (Multi-Storey Buildings) Act, 1988

1988, No. 29

Local Government (Nomination of Presidential Candidates) Act, 1937

1937, No. 36

Local Government (Planning and Development) Acts, 1963 to 1999

Local Government (Rateability of Rents) (Abolition) Act, 1971

1971, No. 15

Local Government (Rates) Act, 1970

1970, No. 2

Local Government (Reorganisation) Act, 1985

1985, No. 7

Local Government (Roads and Drainage) Act, 1968

1968, No. 6

Local Government (Sanitary Services) Act, 1948

1948, No. 3

Local Government (Sanitary Services) Act, 1964

1964, No. 29

Local Government (Sanitary Services) Acts, 1878 to 1995

Local Government (Sanitary Services) (Joint Burial Boards) Act, 1952

1952, No. 22

Local Government (Superannuation) Act, 1980

1980, No. 8

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

1924, No. 13

Local Government (Water Pollution) Acts, 1977 and 1990

Local Government Services (Corporate Bodies) Act, 1971

1971, No. 6

Local Officers and Servants (Dublin) Act, 1941

1941, No. 15

Malicious Injuries Acts, 1981 and 1986

Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act, 1998

1998, No. 7

Municipal Corporations Act, 1882

45 & 46 Vict. c. 50

Municipal Corporations (Ireland) Act, 1840

3 & 4 Vict. c. 108

Municipal Corporations (Ireland) Act, 1843

6 & 7 Vict. c. 93

Municipal Corporations Mortgages etc. Act, 1860

23 & 24 Vict. c. 16

Municipal Elections (Corrupt and Illegal Practices) Act, 1884

47 & 48 Vict. c. 70

National Archives Act, 1986

1986, No. 11

National Monuments Acts, 1930 to 1994

Organisation of Working Time Act, 1997

1997, No. 20

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict. c. 93

Planning and Development Act, 2000

2000, No. 30

Pounds (Provision and Maintenance) Act, 1935

1935, No. 17

Presidential Elections Act, 1993

1993, No. 28

Prevention of Corruptions Acts, 1889 to 1995

Public Health Acts Amendment Act, 1890

53 & 54 Vict. c. 59

Public Health Acts Amendment Act, 1907

7 Edw. 7. c. 53

Public Health (Ireland) Act, 1878

41 & 42 Vict. c. 52

Public Health (Ireland) Act, 1896

59 & 60 Vict. c. 54

Public Libraries Act, 1947

1947, No. 40

Regional Technical Colleges (Amendment) Act, 1999

1999, No. 20

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

1962, No. 3

Roads Act, 1993

1993, No. 14

Roads Acts, 1993 and 1998

Road Traffic Acts, 1961 to 1995

Safety, Health and Welfare at Work Act, 1989

1989, No. 7

School Attendance Act, 1926

1926, No. 17

School Attendance Acts, 1926 to 1967

Seanad Electoral (Panel Members) Acts, 1947 and 1954

Social Welfare (Consolidation) Act, 1981

1981, No. 1

Survey (Ireland) Acts, 1825 to 1870

Temple Bar Area Renewal and Development Act, 1991

1991, No. 19

Town Renewal Act, 2000

2000, No. 18

Towns Improvement Clauses Act, 1847

10 & 11 Vict. c. 34

Towns Improvement (Ireland) Act, 1854

17 & 18 Vict. c. 103

Údarás na Gaeltachta Acts, 1979 to 1999

Unemployment (Relief Works) Act, 1940

1940, No. 34

Unfair Dismissals Act, 1977

1977, No. 10

Universities Act, 1997

1997, No. 24

Urban Renewal Act, 1986

1986, No. 19

Urban Renewal Act, 1998

1998, No. 27

Vocational Education Act, 1930

1930, No. 29

Vocational Education Acts, 1930 to 1999

Waste Management Act, 1996

1996, No. 10

Water Supplies Act, 1942

1942, No. 1

Waterford City Management Act, 1939

1939, No. 25


Number 37 of 2001


LOCAL GOVERNMENT ACT 2001

REVISED

Updated to 16 April 2019


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

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

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

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

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

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

(a) by or under—

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

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

and

(b) in relation to—

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

(ii) Pobal, and

(iii) Irish Water Safety

are transferred to the Minister for Rural and Community Development.

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

...

SCHEDULE

PART 1

...

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

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

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

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

...

C2

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

Strategic housing developments and planning applications

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

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

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

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

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

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

(v) be accompanied by the appropriate fee,

and

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

...

C3

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

Elections to local authorities in 2014

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

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

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

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

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

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

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

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

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

...

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

C4

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

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

42. ...

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

...

Review of existing plans

46. ...

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

...

General provisions regarding licences etc

63. ...

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

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

...

...

...

...

...

...

Local Government (Sanitary Services) Acts 1878 to 2001

...

Local Government Acts 1925 to 2003

...

Roads Acts 1993 to 2007

...

C5

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

Transfer of functions of specified bodies to Executive.

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

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

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

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

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

(c) the area chief executive of an Area Health Board.

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

...

SCHEDULE 3

Transfer of Functions and References to Functional Areas

Section 59 and 67 .

...

61. Local Government Act 2001 59

...

C6

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

[Appropriate assessment.

177V.— ...

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

... ]

Editorial Notes:

E1

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