Local Government Act 2001
Number 37 of 2001
LOCAL GOVERNMENT ACT 2001
REVISED
Updated to 3 September 2021
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 the Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, and all statutory instruments up to and including the Affordable Housing Act 2021 (Commencement of Certain Provisions) Order 2021 (S.I. No. 450 of 2021), made 2 September 2021, 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 3 September 2021
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)
• Local Government Rates and other Matters Act 2019 (24/2019), other than ss. 23-26
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 2021: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), 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)
• Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), Part 3
• Residential Tenancies (Amendment) Act 2019 (14/2019), s. 38
• European Union (Waste Water Discharge) Regulations 2020 (S.I. No. 214 of 2020), Part II
• Local Government Rates and other Matters Act 2019 (24/2019), ss. 23, 24
• Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 9
• Planning and Development, and Residential Tenancies, Act 2020 (27/2020)
• Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021) , Part 2 chs. 2, 5
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
• Land Development Agency Act 2021 (26/2021)
• Affordable Housing Act 2021 (25/2021)
• Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020)
• Local Government Rates and other Matters Act 2019 (24/2019)
• Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019)
• 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 Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021)
• Local Government (Remuneration of Local Authority Members) Regulations 2021 (S.I. No. 312 of 2021)
• County Of Kerry Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 157 of 2021)
• 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 Affordable Housing Act 2021 (Commencement of Certain Provisions) Order 2021 (S.I. No. 450 of 2021), made 2 September 2021, were considered in the preparation of this revision.
Number 37 of 2001
LOCAL GOVERNMENT ACT 2001
REVISED
Updated to 3 September 2021
ARRANGEMENT OF SECTIONS
Preliminary and General
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Section |
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1. |
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2. |
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3. |
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4. |
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5. |
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6. |
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7. |
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8. |
Local Government Areas and Local Authorities
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9. |
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10. |
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11. |
Establishment, titles and administrative areas of local authorities and consequential provisions. |
Local Authority Membership
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12. |
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13. |
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13A. |
Application of disqualification to members of Dáil Éireann and Seanad Éireann. |
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14. |
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15. |
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16. |
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17. |
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18. |
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19. |
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20. |
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21. |
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22. |
Municipal Districts
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22A. |
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22B. |
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22C. |
Local Elections
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23. |
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24. |
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25. |
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26. |
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27. |
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28. |
Temporary arrangements with respect to certain polling districts and register of electors. |
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29. |
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30. |
Cathaoirleach and Leas-Chathaoirleach
General
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31. |
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32. |
Alternative titles to Cathaoirleach and Leas-Chathaoirleach, etc. |
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33. |
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34. |
Removal of Cathaoirleach or Leas-Chathaoirleach from office. |
Election by Local Authority
Direct Election
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39. |
Application of Chapter 3. (Repealed) |
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40. |
Direct election and tenure of Cathaoirleach of county council and city council. (Repealed) |
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41. |
Casual vacancy in office of Cathaoirleach of county council or city council. (Repealed) |
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42. |
Amendments to certain Acts, relating to direct elections, etc. (Repealed) |
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43. |
Election petitions in relation to direct elections. (Repealed) |
Meetings and Proceedings of Local Authorities
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44. |
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45. |
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46. |
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47. |
Committees and Joint Committees
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48. |
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49. |
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49A. |
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50. |
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51. |
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52. |
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53. |
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54. |
Local Authority Boundary Alteration
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55. |
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56. |
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57. |
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58. |
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59. |
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60. |
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61. |
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62. |
Functions of Local Authorities
General Functions of Local Authorities
Ceremonial Functions
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74. |
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75. |
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76. |
Library and Archival Functions
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77. |
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78. |
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79. |
An Chomhairle Leabharlanna. (Repealed) |
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80. |
Non-Public Roads — Local Improvement Schemes
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81. |
Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc.
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82. |
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83. |
Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc. |
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84. |
Agreements and arrangements concerning functions
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85. |
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86. |
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87. |
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88. |
Local Government Commission
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89. |
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90. |
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91. |
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92. |
Eligibility and tenure of office of members, etc. (Repealed) |
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93. |
Meetings and procedures of Commission. (Repealed) |
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94. |
Services to Commission. (Repealed) |
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95. |
Submissions to Commission. (Repealed) |
Financial Procedures and Audit
Financial Procedures
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96. |
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97. |
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98. |
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99. |
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100. |
County council expenditure: town services. (Repealed) |
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101. |
Expenses of certain town councils. (Repealed) |
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102. |
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103. |
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103A. |
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104. |
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105. |
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106. |
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107. |
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108. |
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109. |
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110. |
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111. |
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112. |
Obligations in case of proposal involving illegal payment, deficiency or loss. |
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113. |
Audit
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114. |
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115. |
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116. |
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117. |
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118. |
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119. |
Right of auditor to inspect documents, obtain information, etc. |
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120. |
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121. |
Consideration of annual financial statement and auditor’s report. |
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122. |
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123. |
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124. |
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125. |
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126. |
National Oversight and Audit Commission
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126A. |
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126B. |
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126C. |
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126D. |
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126E. |
Requests for information, etc., made to local government body, etc. |
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126F. |
Requests for information, etc., made to certain public authorities. |
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126G. |
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126H. |
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126I. |
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126J. |
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126K. |
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126L. |
Local Authorities and the Local Community
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127. |
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128. |
Local Community Development Committees
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128A. |
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128B. |
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128C. |
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128D. |
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128E. |
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128F. |
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129. |
County or City Development Boards. (Repealed) |
Business Improvement Districts
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129A. |
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129B. |
Rating authority approval of a business improvement district scheme. |
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129C. |
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129D. |
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129E. |
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129F. |
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129G. |
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129H. |
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129I. |
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129J. |
BID company to meet and adopt first budget following approval of BID scheme. |
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129K. |
Separate BID fund to be established following approval of BID scheme. |
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129L. |
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129M. |
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129N. |
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129O. |
Recalculation of levy in event of total destruction or demolition of property. |
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129P. |
Recalculation of levy if valuation amended during chargeable period. |
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129Q. |
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129R. |
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129S. |
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129T. |
The Local Government Service
The Elected Council
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130. |
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131. |
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131A. |
Performance of reserved functions in respect of municipal district members. |
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131B. |
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132. |
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133. |
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134. |
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134A. |
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135. |
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136. |
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137. |
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138. |
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139. |
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140. |
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141. |
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142. |
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143. |
Position of Chief Executive
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144. |
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145. |
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146. |
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147. |
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148. |
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149. |
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149A. |
Procedural Matters
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150. |
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151. |
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152. |
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153. |
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154. |
Local Authority Personnel
Ethical Framework for the Local Government Service
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166. |
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167. |
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168. |
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169. |
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170. |
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171. |
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172. |
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173. |
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174. |
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175. |
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176. |
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177. |
Disclosure by member of local authority of pecuniary or other beneficial interests. |
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178. |
Disclosure by manager for local authority of pecuniary or other beneficial interests. |
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179. |
Disclosure by employee, etc. of local authority of pecuniary or other beneficial interests. |
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180. |
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181. |
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182. |
Consequences of failure to comply with sections 171, 177, 178 and 179. |
Land
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183. |
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184. |
Establishment of New Town Councils, etc.
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185. |
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186. |
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187. |
Changing of Names of Areas and Display of Names of Streets, etc.
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188. |
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189. |
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190. |
Change of placename of place situated in more than one local authority area. |
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191. |
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192. |
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193. |
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194. |
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195. |
Changing of name of locality situated in more than one local authority area. (Repealed) |
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196. |
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197. |
Display of name of street, etc. (Repealed) |
Bye-Laws
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198. |
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199. |
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200. |
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201. |
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202. |
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203. |
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204. |
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205. |
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206. |
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207. |
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208. |
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209. |
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210. |
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211. |
Entry Year Property Levy
Public Local Inquiries
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212. |
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213. |
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214. |
Power to direct payment of certain costs in relation to a public local inquiry, etc. |
Consequential Provisions on Failure to Perform Functions
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215. |
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216. |
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217. |
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218. |
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219. |
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220. |
Miscellaneous
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221. |
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222. |
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223. |
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224. |
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225. |
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226. |
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227. |
Reclaimed land and structures to form part of local authority area. |
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228. |
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229. |
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230. |
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231. |
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232. |
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233. |
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234. |
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235. |
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236. |
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237. |
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237A. |
Regulations relating to members of House of Oireachtas. |
Transfer of Temple Bar Properties Limited to Dublin City Council
|
238. |
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239. |
Transfer of Temple Bar Properties Limited to Dublin City Council. |
|
240. |
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241. |
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242. |
Miscellaneous Amendments
|
243. |
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244. |
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245. |
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246. |
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247. |
Additional amendments to Planning and Development Act, 2000. |
Acts included in collective citation — Local Government Acts, 1925 to 2001
Construction of Certain Terms in Other Enactments
Enactments Repealed and Revoked
Minor and consequential Amendments to Acts
Local Government Areas
Local Government Areas (Towns)
Number of Members of Local Authorities
Alternative Titles to Cathaoirleach and Leas-Chathaoirleach, etc.
Minor and Consequential Amendments relating to Direct Elections, etc. (repealed)
Meetings and Proceedings of Local Authorities
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1. |
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2. |
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3. |
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4. |
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5. |
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6. |
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7. |
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8. |
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9. |
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10. |
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11. |
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12. |
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13. |
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14. |
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15. |
Record of attendance at meetings and address for correspondence. |
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16. |
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17. |
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18. |
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19. |
Local Authority Boundary Alteration
Acts of the Oireachtas: Functions of Local Authorities
Amenities, Recreation and Other Functions
Certain Reserved Functions
Reserved Functions
Functions to be done by Manager’s Order
Relevant Bodies to which Section 128F(1)(d) Relates
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Acts Referred to |
||
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Abattoirs Act, 1988 |
||
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Air Pollution Act, 1987 |
||
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Air-raid Precautions Acts, 1939 and 1946 |
||
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Arterial Drainage Acts, 1945 and 1995 |
||
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Arts Acts, 1951 and 1973 |
||
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Building Control Act, 1990 |
||
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Canals Act, 1986 |
||
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Casual Trading Act, 1995 |
||
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City and County Management (Amendment) Act, 1955 |
||
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Civil Service Regulation Act, 1956 |
||
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Coast Protection Act, 1963 |
||
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Commissioners Clauses Act, 1847 |
10 & 11 Vict. c. 16 |
|
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Companies Act, 1963 |
||
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Companies Acts, 1963 to 1999 |
||
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Control of Dogs Act, 1986 |
||
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Control of Dogs Acts, 1986 and 1992 |
||
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Control of Dogs (Amendment) Act, 1992 |
||
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Control of Horses Act, 1996 |
||
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Cork City Management Act, 1929 |
||
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Cork City Management (Amendment) Act, 1941 |
||
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Cork City Management (Amendment) Act, 1965 |
||
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Coroners Act, 1962 |
||
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Counties and Boroughs (Ireland) Act, 1840 |
3 & 4 Vict. c. 109 |
|
|
County Dublin Grand Jury Act, 1844 |
7 & 8 Vict. c. 106 |
|
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County Management Act, 1940 |
||
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County Management (Amendment) Act, 1942 |
||
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County Management (Amendment) Act, 1972 |
||
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County Treasurers (Ireland) Act, 1867 |
30 & 31 Vict. c. 46 |
|
|
Courthouses (Provision and Maintenance) Act, 1935 |
||
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Courts (Establishment and Constitution) Act, 1961 |
||
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Dangerous Substances Acts, 1972 and 1979 |
||
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Derelict Sites Act, 1990 |
||
|
Development and Road Improvement Funds Act, 1909 |
9 Edw. 7. c. 47 |
|
|
Dublin Docklands Development Authority Act, 1997 |
||
|
Dublin Transport Authority (Dissolution) Act, 1987 |
||
|
Ethics in Public Office Act, 1995 |
||
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Electoral Act, 1963 |
||
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Electoral Act, 1992 |
||
|
Electoral Act, 1997 |
||
|
Electoral Act, 1992 to 1999 |
||
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Electoral (Amendment) Act, 1998 |
||
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Environmental Protection Agency Act, 1992 |
||
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European Parliament Elections Act, 1997 |
||
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Finance (Excise Duties) (Vehicles) Act, 1952 |
||
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Fire Services Act, 1981 |
||
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Food Safety Authority of Ireland Act, 1998 |
||
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Foreshore Acts, 1933 to 1998 |
||
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Gaming and Lotteries Act, 1956 |
||
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Grand Jury (Ireland) Act, 1836 |
6 & 7 Will. 4 c. 116 |
|
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Grand Jury (Ireland) Act, 1853 |
16 & 17 Vict. c. 136 |
|
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Harbours Act, 1946 |
||
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Harbours Act, 1996 |
||
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Harbours Acts, 1946 to 1976 |
||
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Health Act, 1970 |
||
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Health Acts, 1947 to 2001 |
||
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Health (Eastern Regional Health Authority) Act, 1999 |
||
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Health (Fluoridation of Water Supplies) Act, 1960 |
||
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Holidays (Employees) Act, 1973 |
||
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Housing Act, 1966 |
||
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Housing Act, 1988 |
||
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Housing Acts, 1966 to 1998 |
||
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Housing (Miscellaneous Provisions) Act, 1992 |
||
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Housing (Private Rented Dwellings) Acts, 1982 and 1983 |
||
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Housing (Traveller Accommodation) Act, 1998 |
||
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Industrial Development Act, 1986 |
||
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Industrial Development Act, 1995 |
||
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Interpretation Act, 1937 |
||
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Limerick City Management Act, 1934 |
||
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Limerick City Management Act, 1950 |
||
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Litter Pollution Act, 1997 |
||
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Local Authorities (Acceptance of Gifts) Act, 1945 |
||
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Local Authorities (Cost of Living) Act, 1940 |
||
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Local Authorities (Cost of Living) (Amendment) Act, 1945 |
||
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Local Authorities (Electrical Employees) Act, 1937 |
||
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Local Authorities (Higher Education Grants) Acts, 1968 to 1992 |
||
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Local Authorities (Miscellaneous Provisions) Act, 1936 |
||
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Local Authorities (Mutual Assurance) Acts, 1926 to 1935 |
||
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Local Authorities (Officers and Employees) Act, 1926 |
||
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Local Authorities (Officers and Employees) Acts, 1926 to 1983 |
||
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Local Authorities (Traffic Wardens) Acts, 1975 and 1987 |
||
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Local Authorities (Works) Act, 1949 |
||
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Local Elections Acts, 1974 to 1999 |
||
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Local Elections (Disclosure of Donations and Expenditure) Act, 1999 |
||
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Local Elections (Petitions and Disqualifications) Act, 1974 |
||
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Local Government Act, 1925 |
||
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Local Government Act, 1927 |
||
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Local Government Act, 1941 |
||
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Local Government Act, 1946 |
||
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Local Government Act, 1955 |
||
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Local Government Act, 1958 |
||
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Local Government Act, 1959 |
||
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Local Government (No. 2) Act, 1960 |
||
|
Local Government Act, 1991 |
||
|
Local Government Act, 1994 |
||
|
Local Government Act, 1998 |
||
|
Local Government Act, 2000 |
||
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Local Government (Amendment) (No. 2) Act, 1934 |
||
|
Local Government Board (Ireland) Act, 1872 |
35 & 36 Vict. c. 69 |
|
|
Local Government (Buncrana) Act, 1968 |
||
|
Local Government (Collection of Rates) Act, 1924 |
||
|
Local Government (Dublin) Act, 1930 |
||
|
Local Government (Dublin) Act, 1945 |
||
|
Local Government (Dublin) Act, 1993 |
||
|
Local Government (Financial Provisions) Act, 1978 |
||
|
Local Government (Financial Provisions) Act, 1983 |
||
|
Local Government (Financial Provisions) (No. 2) Act, 1983 |
||
|
Local Government (Financial Provisions) Act, 1997 |
||
|
Local Government (Financial Provisions) Act, 2000 |
||
|
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 |
||
|
Local Government (Nomination of Presidential Candidates) Act, 1937 |
||
|
Local Government (Planning and Development) Acts, 1963 to 1999 |
||
|
Local Government (Rateability of Rents) (Abolition) Act, 1971 |
||
|
Local Government (Rates) Act, 1970 |
||
|
Local Government (Reorganisation) Act, 1985 |
||
|
Local Government (Roads and Drainage) Act, 1968 |
||
|
Local Government (Sanitary Services) Act, 1948 |
||
|
Local Government (Sanitary Services) Act, 1964 |
||
|
Local Government (Sanitary Services) Acts, 1878 to 1995 |
||
|
Local Government (Sanitary Services) (Joint Burial Boards) Act, 1952 |
||
|
Local Government (Superannuation) Act, 1980 |
||
|
Local Government (Temporary Provisions) (Amendment) Act, 1924 |
||
|
Local Government (Water Pollution) Acts, 1977 and 1990 |
||
|
Local Government Services (Corporate Bodies) Act, 1971 |
||
|
Local Officers and Servants (Dublin) Act, 1941 |
||
|
Malicious Injuries Acts, 1981 and 1986 |
||
|
Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act, 1998 |
||
|
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 |
||
|
National Monuments Acts, 1930 to 1994 |
||
|
Organisation of Working Time Act, 1997 |
||
|
Petty Sessions (Ireland) Act, 1851 |
14 & 15 Vict. c. 93 |
|
|
Planning and Development Act, 2000 |
||
|
Pounds (Provision and Maintenance) Act, 1935 |
||
|
Presidential Elections Act, 1993 |
||
|
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 |
||
|
Regional Technical Colleges (Amendment) Act, 1999 |
||
|
Road Fund (Grants) (Temporary Provisions) Act, 1962 |
||
|
Roads Act, 1993 |
||
|
Roads Acts, 1993 and 1998 |
||
|
Road Traffic Acts, 1961 to 1995 |
||
|
Safety, Health and Welfare at Work Act, 1989 |
||
|
School Attendance Act, 1926 |
||
|
School Attendance Acts, 1926 to 1967 |
||
|
Seanad Electoral (Panel Members) Acts, 1947 and 1954 |
||
|
Social Welfare (Consolidation) Act, 1981 |
||
|
Survey (Ireland) Acts, 1825 to 1870 |
||
|
Temple Bar Area Renewal and Development Act, 1991 |
||
|
Town Renewal Act, 2000 |
||
|
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 |
||
|
Unfair Dismissals Act, 1977 |
||
|
Universities Act, 1997 |
||
|
Urban Renewal Act, 1986 |
||
|
Urban Renewal Act, 1998 |
||
|
Vocational Education Act, 1930 |
||
|
Vocational Education Acts, 1930 to 1999 |
||
|
Waste Management Act, 1996 |
||
|
Water Supplies Act, 1942 |
||
|
Waterford City Management Act, 1939 |
||
Number 37 of 2001
LOCAL GOVERNMENT ACT 2001
REVISED
Updated to 3 September 2021
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. [21st 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
Reference to functions of a town council construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), S. 25(2), S.I. No. 214 of 2014.
Dissolution of town councils — consequential provisions
25. ...
(2) A function of a town council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a town council and whether of general application to town councils or otherwise under an enactment) that—
(a) has not been repealed or otherwise provided for by this Act, or
(b) is neither spent nor obsolete,
shall, if the context permits in respect of one or more than one town council concerned, be read as a reference to a function of the local authority in whose administrative area the town council so dissolved is situated.
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C4
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.
C5
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.
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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 ... |
C6
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.
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SCHEDULE 3
Transfer of Functions and References to Functional Areas
Section 59 and 67 .
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61. Local Government Act 2001 59
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C7
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.
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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.