Local Government Act 2001

Local Government Act 2001


Number 37 of 2001


LOCAL GOVERNMENT ACT 2001

REVISED

Updated to 22 October 2018


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 Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, and all statutory instruments up to and including National Oversight and Audit Commission (Number of Members) Order 2018 (S.I. No. 442 of 2018), made 22 October 2018, 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 22 October 2018


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 2016 : this Act (other than ss. 163, 164 and 211 and Parts 23 and 24) is one of a group of Acts included in this collective citation, to be construed together as one ( Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 1(2)(c)). 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

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 1982, 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

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)

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 Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

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 National Oversight and Audit Commission (Number of Members) Order 2018 (S.I. No. 442 of 2018), made 22 October 2018, were considered in the preparation of this revision.


Number 37 of 2001


LOCAL GOVERNMENT ACT 2001

REVISED

Updated to 22 October 2018


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 ( Part 18).

189.

Changing of name of town.

190.

Changing of name of townland or non-municipal town situated wholly within one county or city.

191.

Changing of name of townland or non-municipal town situated in more than one county, etc.

192.

Changing of name of street situated in one local authority area.

193.

Changing of name of street situated in more than one local authority area.

194.

Changing of name of locality situated in one local authority area.

195.

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

196.

General provisions relating to change of names.

197.

Display of name of street, etc.

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 22 October 2018


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.

PART 1

Preliminary and General

Short title and collective citations.

1

1.—(1) This Act may be cited as the Local Government Act, 2001.

(2) This Act (other than sections 163, 164 and 211 and Parts 23 and 24) and the Acts referred to in Schedule 1 may be cited together as the Local Government Acts, 1925 to 2001, and shall be read together as one.

(3) Sections 81 and 245 and the Roads Acts, 1993 and 1998, may be cited together as the Roads Acts, 1993 to 2001, and shall be read together as one.

(4) Chapter 5 of Part 9 and the Local Government (Sanitary Services) Acts, 1878 to 1995, may be cited together as the Local Government (Sanitary Services) Acts, 1878 to 2001, and shall be read together as one.

(5) Parts 3, 4 and F1 [ ] section 243 and the Local Elections Acts, 1974 to 1999, may be cited together as the Local Elections Acts, 1974 to 2001, and shall be read together as one.

(6) Part 23 and the Temple Bar Area Renewal and Development Act, 1991 , may be cited together as the Temple Bar Area Renewal and Development Acts, 1991 and 2001, and shall be read together as one.

(7) Sections 2, 5(3) and Schedule 4 (in so far as they relate to the Act of 2000), section 247 and the Act of 2000 may be cited together as the Planning and Development Acts, 2000 and 2001.

Annotations:

Amendments:

F1

Deleted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.

Interpretation generally.

2

2.—(1) In this Act, except where the context otherwise requires—

F2 [ 2014 establishment day means the day appointed by order under section 8 of the Local Government Reform Act 2014 to be the establishment day for the purposes of that Act; ]

“Act of 2000” means the Planning and Development Act, 2000;

F3 [ administrative area means an area standing established under section 10 for the purposes of local government and which is

(a) a county in the case of a county council,

(b) a city in the case of a city council,

(c) a city and county in the case of a city and county council; ]

“annual meeting” means an annual meeting of a local authority as provided for in paragraph 3 of Schedule 10;

“annual report”, in the context of a local authority, means a report under section 221 ;

“casual vacancy” shall be read in accordance with section 19(1) ;

“Cathaoirleach” has the meaning given to it by section 31 ;

F2 [ chief executive means a chief executive for the purposes of section 144; ]

F4 [ city council means a local authority to which section 11(2)(b) relates; ]

F2 [ city and county council means a local authority to which section 11(2)(c) relates; ]

F5 [ ]

“committee” means a committee of a local authority established under Part 7;

“corporate plan” has the meaning given to it by section 134 ;

“corporate policy group” means a committee established under section 133(1) ;

F4 [ county council means a local authority to which section 11(2) (a) relates; ]

F5 [ ]

F6 [ ]

“direction” means a direction in writing given by—

( a) the Minister under this Act, or

( b) an appropriate Minister under Chapter 4 of Part 14;

“Director of Audit” means a person appointed under section 116 ;

“elected council” means the members of the local authority concerned and shall be read in accordance with section 11(5) ;

“election year” means a year in which a local election is held;

“enactment” includes a statutory instrument within the meaning given by section 3 of the Interpretation Act, 1937;

“establishment day” means the day appointed by the Minister by order under section 9 to be the establishment day for the purposes of this Act;

“excluded day” means a day which is a Saturday, Sunday or public holiday (within the meaning given by the Organisation of Working Time Act, 1997 ) or any other day on which the principal offices of the local authority concerned are closed;

“executive function” shall be read in accordance with section 149 ;

“functions” includes powers and duties and a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties;

“joint body” means—

( a) F5 [ ]

( b) a joint drainage board,

( c) a joint drainage committee,

( d) F5 [ ]

( e) a joint burial committee,

( f) a joint committee to which section 52(5) applies, or

( g) such other body as may be prescribed by regulations made by the Minister under section 144(7) ;

“joint committee” means a joint committee established under Part 7;

“land” has the meaning given to it by the Act of 2000;

“Leas-Chathaoirleach” has the meaning given to it by section 31 ;

F4 [ local authority means

(a) in relation to a municipal district, the county council or the city and county council in which the municipal district is situated, and

(b) in every other case

(i) a county council,

(ii) a city council,

(iii) a city and county council; ]

“local authority budget” means a budget adopted under section 103 (7) and “budget”, in relation to a local authority, shall be read accordingly;

“local authority budget meeting” has the meaning given to it by section 103 ;

“local community” means persons ordinarily resident in the administrative area of the local authority concerned and, where relevant as regards a function of the authority, includes persons from outside that area who regularly use facilities of a social, economic, recreational, cultural or other nature provided by the authority;

“local consultative committee” has the meaning given to it by section 21 of the Housing (Traveller Accommodation) Act, 1998 ;

F2 [ local economic and community plan means a plan to which sections 66A to 66H relate; ]

“local election” means an election under Part 4;

“local electoral area” means an area referred to in section 23 by reference to which a local election is held;

F7 [ local fund has the meaning given to it by section 97; ]

F5 [ ]

“local government elector” means a person entitled to vote at a local election;

F5 [ ]

“meetings administrator” shall be read in accordance with section 46 ;

“member”, in relation to a local authority, includes a Cathaoirleach and Leas-Chathaoirleach;

“Minister” means the Minister for the Environment and Local Government;

F2 [ municipal district shall be read in accordance with section 22A;

municipal district members shall be read in accordance with section 22B; ]

“ordinary day of retirement” has the meaning given to it by section 17 ;

“public authority” means—

( a) a Minister of the Government,

( b) the Commissioners of Public Works in Ireland,

( c) a harbour authority within the meaning of the Harbours Act, 1946 ,

F8 [ ( d ) the Health Service Executive established under section 6 of the Health Act 2004 ]

( e) a board or other body (but not including a company under the Companies Acts, 1963 to 1999) established by or under statute,

( f) a company under the Companies Acts, 1963 to 1999, in which all the shares are held—

(i) by or on behalf of a Minister of the Government,

(ii) by directors appointed by a Minister of the Government, or

(iii) by a board, company or other body referred to in paragraph (e) or subparagraph (i) or (ii),

F9 [ ( g ) the Child and Family Agency established under section 7 of the Child and Family Agency Act 2013, and

( h ) such other body as may be prescribed by regulations made by the Minister for the purposes of any provision of this Act. ]

“public local inquiry” means an inquiry held under Part 20 and “inquiry” shall be read accordingly;

“public notice”, in the context of a local authority, means a notice published in at least one newspaper circulating in the local authority’s administrative area;

F4 [ rating authority means

(a) a county council,

(b) a city council, or

(c) a city and county council; ]

“register of electors” has the meaning given to it by section 24(1) ;

F4 [ reserved function shall be read in accordance with sections 131 and 131A; ]

“standing orders”, in the context of a local authority, has the meaning given by paragraph 16(1) of Schedule 10;

“strategic policy committee” has the meaning given by section 48 ;

“structure” means any building, erection, structure (including a movable structure), excavation, or other thing constructed, erected, made or placed on, in or under any land, or any part of a structure so defined and, where the context so admits, includes the land on, in or under which the structure is situated;

F2 [ transfer date has the meaning given in section 23 of the Local Government Reform Act 2014. ]

F10 [ ]

(2) In this Act a reference to the total number of members of a local authority shall be read as the number of members of the local authority concerned as determined by section 21 .

(3) In this Act a reference to local government areas or to the administrative area of a local authority does not include an area added for local electoral purposes only under section 17 of the Local Government Act, 1994 .

(4) In this Act a reference to a person being disqualified from election or co-option to a local authority shall be read as including a disqualification from nomination for election or co-option to a local authority.

(5) In this Act, except where the context otherwise requires, a reference to social inclusion or its promotion shall be read as including a reference to any policy, objective, measure or activity designed to counteract poverty or other social deprivation or to facilitate greater participation by marginalised groups in the social, economic and cultural life of the local community.

(6) In this Act, except where the context otherwise requires—

( a) a reference to a section, Chapter, Part or Schedule is a reference to a section, Chapter or Part of, or Schedule to, this Act, as the case may be, unless it is indicated that reference to some other enactment is intended,

( b) a reference to a subsection, paragraph, subparagraph, clause or subclause is to the subsection, paragraph, subparagraph, clause or subclause of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(7) In this Act, a reference to any enactment shall be read as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment, including this Act.

Annotations:

Amendments:

F2

Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1, S.I. No. 214 of 2014.

F3

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1), 25(4)(a) and sch. 1 part 1 item 2, S.I. No. 214 of 2014.

F4

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1) and sch. 1 part 1, S.I. No. 214 of 2014.

F5

Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1, S.I. No. 214 of 2014.

F6

Deleted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.

F7

Inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 2, S.I. No. 165 of 2007.

F8

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 21 item 1, S.I. No. 887 of 2004, art. 2(i).

F9

Substituted and inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 15 item 1, S.I. No. 502 of 2013.

F10

Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1), 25(4)(a) and sch. 1 part 1 item 18, S.I. No. 214 of 2014.

Modifications (not altering text):

C7

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

Elections to local authorities in 2014

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

(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,

...

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

Construction of enactments.

3

3.—(1) Every enactment (including any provision contained in a local, personal or private Act) and every order, regulation, rule, bye-law or other instrument or agreement in force immediately before the commencement of a provision of this Act shall, on and after the day of such commencement but subject to any regulations made under this section, be read and have effect with such modifications as may be necessary to give effect to this Act or an order or regulations under it and to have effect in conformity with it.

(2) A reference in any enactment other than this Act to an expression mentioned in the first column of Schedule 2 or to a similar or analogous expression shall, except where the context otherwise requires and subject to any regulations made under this section, be read as a reference to the appropriate expression of this Act as indicated in the second column of that Schedule opposite the expression in the first column.

(3)( a) The Minister, or any other Minister of the Government after consultation with the Minister, may, in respect of any enactment, instrument or agreement which relates to matters for which the relevant Minister has general responsibility, make regulations for the purposes of enabling subsection (1) to have full effect.

( b) Without prejudice to the generality of paragraph (a), regulations under this subsection may, in respect of a provision of any other enactment, instrument or agreement which is related to or otherwise affected by any provision of this Act, provide for its adaptation, modification or cesser of operation in so far as this appears necessary or expedient to the Minister concerned for the purposes of securing that any such other provision shall have effect in conformity with this Act or with an order or regulations made under it.

(4) Regulations may not be made under this section after the expiration of 3 years from the establishment day.

Annotations:

Editorial Notes:

E2

Power pursuant to section exercised (31.08.2015) by Local Government (Financial and Audit Procedures) (Amendment) Regulations 2015 (S.I. No. 363 of 2015).

E3

Power pursuant to section exercised (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), in effect as per reg. 2.

E4

Power pursuant to section exercised (1.01.2004) by Athlone Town Boundary Alteration (Supplementary) Order 2003 (S.I. No. 705 of 2003).

E5

Previous affecting provision: power pursuant to section exercised (13.01.2014) by Local Government (Financial Procedures and Audit) (Amendment) Regulations 2014 (S.I. No. 8 of 2014), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect.

E6

Previous affecting provision: power pursuant to section exercised (14.11.2008) by Local Government (Financial Procedures and Audit) Regulations 2002 (Amendment) Order 2008 (S.I. No. 467 of 2008), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect.

E7

Previous affecting provisions: power pursuant to section exercised (14.11.2002) by Local Government (Financial Procedures and Audit) Regulations 2002 (S.I. No. 508 of 2002); revoked (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), reg. 30, in effect as per reg. 2.

Regulations, orders and directions.

4

4.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purposes of enabling any provision to have full effect.

(2) Without prejudice to any other provision of this Act, a regulation or order under this Act may provide for such incidental, consequential, supplementary or transitional provisions (including provisions for the purpose of securing the continuity of any provision of this Act with any provision of any other Act or instrument repealed, revoked, amended or otherwise affected by this Act or by any regulations or order made under it) as may appear to the Minister making the regulation or order to be appropriate for the purposes of this Act or any regulations or order made under it.

(3) A regulation or an order under this Act may—

( a) apply to local authorities generally, to any class or classes of local authorities specified in the regulations or the order or to a particular local authority so specified,

( b) contain different provisions in relation to different local authorities or to different parts of the administrative area of a local authority,

( c) provide for the giving of directions by the Minister (including directions amending or revoking any such directions).

(4)( a) Except where paragraph (c) applies, every order and regulation made by the Minister or any other Minister of the Government under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made.

( b) If after an order or regulation is laid under paragraph (a) a resolution annulling the order or regulation is passed by either House of the Oireachtas within the next 21 days on which the House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under it.

( c) Paragraph (a) does not apply to an order or regulation which is required by this Act to be approved in draft by resolution of both Houses of the Oireachtas or to an order under section 199(8) .

(5) Other than an order under section 7 , the Minister may by order, amend or revoke any order under this Act including an order made under this subsection.

(6)( a) The Minister may by direction amend or revoke a direction given by him or her under this Act (including a direction under this subsection).

( b) A person to whom a direction is given under this Act shall comply with that direction.

(7) This section does not apply to a provisional order under section 72 (1) .

Annotations:

Editorial Notes:

E8

Power pursuant to section exercised (10.11.2017) by Local Government (Expenses of Local Authority Members) (Amendment) Regulations 2017 (S.I. No. 494 of 2017).

E9

Power pursuant to section exercised (30.09.2015) by Local Government (Audit Fees) Regulations 2015 (S.I. No. 447 of 2015).

E10

Power pursuant to section exercised (31.08.2015) by Local Government (Financial and Audit Procedures) (Amendment) Regulations 2015 (S.I. No. 363 of 2015), in effect as per reg. 2.

E11

Power pursuant to section exercised (29.07.2015) by Local Government (Prescribed Bodies) Regulations 2015 (S.I. No. 446 of 2015).

E12

Power pursuant to section exercised (10.03.2015) by Local Government (Audit Fees) Regulations 2015 (S.I. No. 109 of 2015).

E13

Power pursuant to section exercised (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), in effect as per reg. 2.

E14

Power pursuant to section exercised (18.12.2014) by Local Government (Appointment of Chief Executive) Regulations 2014 (S.I. No. 589 of 2014).

E15

Power pursuant to section exercised (10.07.2014) by Local Community Development Committee (Section 128E) (Amendment) (No. 1) Regulations 2014 (S.I. No. 314 of 2014).

E16

Power pursuant to section exercised (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), in effect as per reg. 3.

E17

Power pursuant to section exercised (1.06.2014) by Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014), in effect as per reg. 3.

E18

Power pursuant to section exercised (1.06.2014) by Local Community Development Committee (Section 128E) Regulations 2014 (S.I. No. 234 of 2014), in effect as per reg. 2.

E19

Power pursuant to section exercised (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014), in effect as per reg. 2.

E20

Power pursuant to section exercised (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), in effect as per reg. 2.

E21

Power pursuant to section exercised (1.06.2014) by Local Government Act 2001 (section 230) Order 2013 (S.I. No. 447 of 2013).

E22

Power pursuant to section exercised (31.01.2014) by County of Wicklow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 70 of 2014).

E23

Power pursuant to section exercised (31.01.2014) by County of Wexford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 69 of 2014).

E24

Power pursuant to section exercised (31.01.2014) by County of Westmeath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 68 of 2014).

E25

Power pursuant to section exercised (31.01.2014) by City and County of Waterford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 67 of 2014).

E26

Power pursuant to section exercised (31.01.2014) by County of Tipperary Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 66 of 2014).

E27

Power pursuant to section exercised (31.01.2014) by County of South Dublin Local Electoral Areas Order 2014 (S.I. No. 65 of 2014).

E28

Power pursuant to section exercised (31.01.2014) by County of Sligo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 64 of 2014).

E29

Power pursuant to section exercised (31.01.2014) by County of Roscommon Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 63 of 2014).

E30

Power pursuant to section exercised (31.01.2014) by County of Offaly Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 62 of 2014).

E31

Power pursuant to section exercised (31.01.2014) by County of Monaghan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 61 of 2014).

E32

Power pursuant to section exercised (31.01.2014) by County of Meath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 60 of 2014).

E33

Power pursuant to section exercised (31.01.2014) by County of Mayo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 59 of 2014).

E34

Power pursuant to section exercised (31.01.2014) by County of Louth Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 58 of 2014).

E35

Power pursuant to section exercised (31.01.2014) by County of Longford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 57 of 2014).

E36

Power pursuant to section exercised (31.01.2014) by City and County of Limerick Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 56 of 2014).

E37

Power pursuant to section exercised (31.01.2014) by County of Leitrim Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 55 of 2014).

E38

Power pursuant to section exercised (31.01.2014) by County of Laois Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 54 of 2014).

E39

Power pursuant to section exercised (31.01.2014) by County of Kilkenny Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 53 of 2014).

E40

Power pursuant to section exercised (31.01.2014) by County of Kildare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 52 of 2014).

E41

Power pursuant to section exercised (31.01.2014) by County of Kerry Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 51 of 2014).

E42

Power pursuant to section exercised (31.01.2014) by County of Galway Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 50 of 2014).

E43

Power pursuant to section exercised (31.01.2014) by City of Galway Local Electoral Areas Order 2014 (S.I. No. 49 of 2014).

E44

Power pursuant to section exercised (31.01.2014) by County of Fingal Local Electoral Areas Order 2014 (S.I. No. 47 of 2014).

E45

Power pursuant to section exercised (31.01.2014) by County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2014 (S.I. No. 46 of 2014).

E46

Power pursuant to section exercised (31.01.2014) by City of Dublin Local Electoral Areas Order 2014 (S.I. No. 45 of 2014).

E47

Power pursuant to section exercised (31.01.2014) by County of Donegal Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 44 of 2014).

E48

Power pursuant to section exercised (31.01.2014) by County of Cork Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 43 of 2014).

E49

Power pursuant to section exercised (31.01.2014) by County of Clare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 42 of 2014).

E50

Power pursuant to section exercised (31.01.2014) by County of Cavan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 41 of 2014).

E51

Power pursuant to section exercised (31.01.2014) by County of Carlow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 40 of 2014).

E52

Power pursuant to section exercised (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013).

E53

Power pursuant to section exercised (25.11.2013) by Local Government (Prescribed Bodies) Regulations 2013 (S.I. No. 457 of 2013).

E54

Power pursuant to section exercised (25.11.2013) by Local Government (Audit Fees) Regulations 2013 (S.I. No. 456 of 2013).

E55

Power pursuant to section exercised (13.02.2012) by Local Government (Tenure of Office of Managers) Regulations 2012 (S.I. No. 50 of 2012).

E56

Power pursuant to section exercised (24.04.2007) by Local Government (Business Improvement Districts Ratepayer Plebiscite) Regulations 2007 (S.I. No. 166 of 2007).

E57

Power pursuant to section exercised (10.07.2006) by Local Government Act 2001 (Bye-Laws) Regulations 2006 (S.I. No. 362 of 2006).

E58

Power pursuant to section exercised (1.08.2003) by Local Government Act 2001 (Section 237A) Regulations 2003 (S.I. No. 274 of 2003).

E59

Power pursuant to section exercised (6.06.2002) by Local Authority Members (Gratuity) Regulations 2002 (S.I. 281 of 2002), as amended (23.07.2002) by Local Authority Members (Gratuity) (Amendment) Regulations 2002 (S.I. No. 378 of 2002) and as amended (11.07.2003) by Local Authority Members (Gratuity) (Amendment) Regulations 2003 (S.I. No. 302 of 2003) and as amended (19.12.2006) by Local Authority Members (Gratuity) (Amendment) Regulations 2006 (S.I. No. 674 of 2006).

E60

Power pursuant to section exercised (1.09.2002) by Local Government Act 2001 (County Tipperary Joint Libraries Committee) Regulations 2002 (S.I. No. 214 of 2002).

E61

Power pursuant to section exercised (17.07.2002) by Local Government Act 2001 (Meetings) Regulations 2002 (S.I. No. 66 of 2002).

E62

Power pursuant to section exercised (1.01.2002) by Local Government Act 2001 (Supplementary Provisions) Regulations 2001 (S.I. No. 590 of 2001).

E63

Power pursuant to section exercised (1.01.2002) by Local Government (Representational Payment For Members) Regulations 2001 (S.I. No. 552 of 2001), as amended (6.06.2002) by Local Authority Members (Gratuity) Regulations 2002 (S.I. No. 281 of 2002), reg. 2 and as amended (1.06.2014) by Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014), in effect as per reg. 3.

E64

Previous affecting provision: power pursuant to section exercised (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004); revoked (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2.

E65

Previous affecting provision: power pursuant to section exercised (13.01.2014) by Local Government (Financial Procedures and Audit) (Amendment) Regulations 2014 (S.I. No. 8 of 2014), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect.

E66

Previous affecting provision: power pursuant to section exercised (23.10.2012) by Local Government (Tenure of Office of Managers) (Amendment No. 2) Regulations 2012 (S.I. No. 406 of 2012); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(c).

E67

Previous affecting provision: power pursuant to section exercised (15.05.2012) by Local Government (Tenure of Office of Managers) (Amendment) Regulations 2012 (S.I. No. 157 of 2012); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(b).

E68

Previous affecting provision: power pursuant to section exercised (11.11.2011) by Local Government (Tenure of Office of Managers) Regulations 2011 (S.I. No. 573 of 2011); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(a).

E69

Previous affecting provision: power pursuant to section exercised (5.02.2010) by Local Government Act 2001 (Section 142) Regulations 2010 (S.I. No. 37 of 2010); revoked (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), reg. 18, in effect as per reg. 3.

E70

Previous affecting provision: power pursuant to section exercised (14.11.2008) by Local Government (Financial Procedures and Audit) Regulations 2002 (Amendment) Order 2008 (S.I. No. 467 of 2008), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect.

E71

Previous affecting provision: power pursuant to section exercised (1.01.2007) by Local Government (Expenses of Local Authority Members) Regulations 2006 (S.I. No. 668 of 2006); revoked (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), reg. 18, in effect as per reg. 3.

E72

Previous affecting provision: power pursuant to section exercised (28.02.2003) by Local Government Act 2001 (Part 15) Regulations 2003 (S.I. No. 73 of 2003); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.

E73

Previous affecting provision: power pursuant to section exercised (12.02.2003) by Local Government (Tenure of Office of Managers) Regulations 2003 (S.I. No. 47 of 2003); revoked (11.11.2011) by Local Government (Tenure of Office of Managers) Regulations 2011 (S.I. No. 573 of 2011), reg. 4.

E74

Previous affecting provision: power pursuant to section exercised (1.01.2003) by Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.

E75

Previous affecting provision: power pursuant to section exercised (14.11.2002) by Local Government (Financial Procedures and Audit) Regulations 2002 (S.I. No. 508 of 2002); revoked (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), reg. 30, in effect as per reg. 2.

Repeals, revocation and amendment of enactments.

5

5.—(1) Each Act specified in the first and second columns of Part 1 of Schedule 3 is repealed to the extent specified in the third column of that Part opposite the references in the first and second columns.

(2) Each order specified in the first and second columns of Part 2 of Schedule 3 is revoked to the extent specified in the third column of that Part opposite the references in the first and second columns.

(3) Each Act specified in the first and second columns of Schedule 4 is amended in the manner stated in the third column of that Schedule opposite the references in the first and second columns.

Savers.

6

6.—The repeal or revocation by this Act of a provision of any enactment which is applied by a provision of any other enactment not so repealed or revoked, shall not affect such application and accordingly the first-mentioned provision continues to apply and have effect for the purposes of such application.

Annotations:

Editorial Notes:

E76

Notwithstanding the repeal of Part IV of the Local Government Act 1946 by this Act, Part IV continues to apply and shall be deemed always to have applied in relation to an application for a bridge order that was made to the Minister before 31 December 2001 and the bridge order made after that date by the Minister pursuant to such an application (10.04.2003) by Local Government Act 2003 (8/2003), s. 2(1) and (2), commenced on enactment.

Commencement.

7

7.—This Act (except Part 2, section 9 of which provides for an establishment day order in respect of that Part, F11 [ and except section 161, the coming into operation of which is provided for in that section ]) shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefor either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions and for the repeal, revocation and amendment effected by section 5 of different enactments or of different provisions of those enactments.

Annotations:

Amendments:

F11

Substituted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.

Editorial Notes:

E77

Power pursuant to section exercised (30.01.2014) by Local Government Act 2001 (Commencement of Certain Provisions) Order 2014 (S.I. No. 37 of 2014).

2. The 30th day of January 2014 is appointed as the day on which the following provisions of the Local Government Act 2001 (No. 37 of 2001) come into operation:

(a) to the extent specified in the Schedule to this Order, the repeal provided for by section 5(1) and Part 1 of Schedule 3;

(b) section 23.

SCHEDULE

NUMBER AND YEAR

SHORT TITLE

EXTENT OF REPEAL

No. 8 of 1994

Local Government Act 1994

Section 24.

E78

Power pursuant to section exercised (27.11.2013) by Local Government Act 2001 (Commencement) Order 2013 (S.I. No. 446 of 2013).

2. The 27th day of November 2013 is fixed as the day on which section 230 of the Local Government Act 2001 (No. 37 of 2001) comes into operation.

E79

Power pursuant to section exercised (7.09.2011) by Local Government Act 2001 (Commencement) Order 2011 (S.I. No. 447 of 2011).

2. The 7th day of September 2011 is appointed as the day upon which sections 188, 191 and 194 (3) (inserted by section 48 of the Environment (Miscellaneous Provisions) Act 2011 (No. 20 of 2011)) of the Local Government Act 2001 (No. 37 of 2001) shall come into operation.

E80

Power pursuant to section exercised (10.07.2006) by Local Government Act, 2001 (Commencement) Order 2006 (S.I. No. 361 of 2006).

2. Part 19 of the Local Government Act, 2001, shall come into operation on 10 July 2006.

3. Section 5(1) of and Part 1 of Schedule 3 to the Local Government Act 2001 shall come into operation on 10 July 2006 to the extent specified in the Schedule to this Order.

Article 3

Schedule

REPEALS

Number and Year

Short Title

Extent of Repeal

17 & 18 Vict. c. 103

Towns Improvement (Ireland) Act 1854

Sections 78 to 88

No. 8 of 1994

Local Government Act 1994

Part VII

E81

Power pursuant to section exercised (19.05.2004, 21.05.2004 and 1.01.2005) by Local Government Act 2001 (Commencement) Order 2004 (S.I. No. 217 of 2004).

3. On 19th May 2004 section 5(1) of and Part I of Schedule 3 to the Act of 2001 shall come into operation for the purposes of the repeal of section 21 of the Local Government Act 1955 (No. 9 of 1955) and for the purposes of the repeal of section 25 (other than subsection (6) of that section) of the Local Elections (Petitions and Disqualifications) Act 1974 (No. 8 of 1974).

4. On 21 May 2004 section 169 (other than subsection (4)(a)(ii) and (4)(b)(ii) of that section), and references to a code of conduct in sections 166(1), 167(2), 170(1) and 174(6) of the Act of 2001 shall come into operation.

5. On 1 January 2005 subsection (4)(a)(ii) and (4)(b)(ii) of section 169 and section 171(1)(b) of the Act of 2001 shall come into operation.

E82

Power pursuant to section exercised (14.11.2002, 1.01.2003 and 1.01.2004) by Local Government Act, 2001 (Commencement) (No. 5) Order 2002 (S.I. No. 507 of 2002).

3. On 14 November, 2002 Parts 12 (insofar as it has not already been commenced) and 21 of the Act of 2001 shall come into operation.

4. On 14 November, 2002 paragraph 5 of Schedule 10 to the Act of 2001 shall come into operation.

5. On 14 November, 2002 section 5(1) of and Part 1 of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part I of the Schedule to this Order.

6. On 14 November, 2002 section 5(2) of and Part 2 of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part 2 of the Schedule to this Order.

7. On 14 November, 2002 section 5(3) of and Schedule 4 to the Act of 2001, shall come into operation for the purpose of

(a) the amendment to the Local Government (Ireland) Act, 1898 in the manner stated in column 3 of Schedule 4 to the Act of 2001,

(b) the amendments to the Local Government (Financial Provisions) Act, 1978 in the manner stated in column 3 of Schedule 4 to the Act of 2001,

(c) the amendment to the Local Government (Financial Provisions) Act, 1997 in the manner stated in column 3 of Schedule 4 to the Act of 2001.

8. On 14 November, 2002 section 231 of the Act of 2001 shall come into operation.

9. On 1 January, 2003 section 135 of the Act of 2001 shall come into operation.

10. On 1 January, 2004 section 1(4) of the Act of 2001 shall come into operation.

SCHEDULE

PART 1

Acts Repealed

Session and Chapter or Number and Year

Short Title

Extent of Repeal

1

2

3

17 & 18 Vict. c. 103

Towns Improvement (Ireland) Act, 1854

Section 59.

30 & 31 Vict. c. 46

County Treasurers (Ireland) Act, 1867

The whole Act.

34 & 35 Vict. c. 109

Local Government (Ireland) Act, 1871

Section 18.

35 & 36 Vict. c. 69

Local Government Board (Ireland) Act, 1872

Section 12.

61 & 62 Vict. c. 37

Local Government (Ireland) Act, 1898

Section 83(12).

2 Edw. 7. c. 38

Local Government (Ireland) Act, 1902

Sections 21 and 22.

No. 5 of 1925

Local Government Act 1925

Section 86.

No. 1 of 1929

Cork City Management Act, 1929

The whole Act insofar as it is not already repealed.

No. 27 of 1930

Local Government (Dublin) Act, 1930

Sections 54(2), 61, 62 and 95.

No. 35 of 1934

Limerick City Management Act, 1934

Sections 16(2), 23 and 24.

No. 55 of 1936

Local Authorities (Miscellaneous Provisions) Act, 1936

Sections 2 and 3.

No. 3 (Private) 1937

Local Government (Galway) Act, 1937

The whole Act insofar as it is not already repealed.

No. 36 of 1937

Local Government (Nomination of Presidential Candidates) Act, 1937

The whole Act.

No. 25 of 1939

Waterford City Management Act, 1939

Sections 15(2), 22 and 23.

No. 12 of 1940

County Management Act, 1940

The whole Act insofar as it is not already repealed.

No. 5 of 1941

Cork City Management (Amendment) Act, 1941

Sections 14 and 15.

No. 23 of 1941

Local Government Act, 1941

Part IV and sections 68, 69 and 77.

No. 24 of 1946

Local Government Act, 1946

Sections 7 to 9, 15 to 17, 22, 26 and 27, 34, 64 and 65, 80 and 81.

No. 9 of 1955

Local Government Act, 1955

Sections 48 and 61.

No. 12 of 1955

City and County Management (Amendment) Act, 1955

The whole Act insofar as it is not already repealed.

No. 40 of 1960

Local Government (No. 2) Act, 1960

Part II.

No. 35 of 1978

Local Government (Financial Provisions) Act, 1978

Sections 11, 12 and 14.

No. 8 of 1994

Local Government Act, 1994

Section 44.

No. 29 of 1997

Local Government (Financial Provisions) Act, 1997

Sections 8, 13 and 16.

PART 2

ORDERS REVOKED

Number and Year

Short Title

Extent of Revocation

1898 No. 1120

Local Government (Application of Enactments) Order, 1898

The whole Order insofar as it is not already revoked.

1899 No. 44

Local Government (Adaptation of Irish Enactments) Order, 1899

Article 43.

E83

Power pursuant to section exercised (1.01.2004) by Local Government Act, 2001 (Commencement) (No. 4) Order 2002 (S.I. No. 250 of 2002).

2. On 1 January, 2004 Chapter 5 of Part 9 of the Local Government Act, 2001 shall come into operation.

3. On 1 January, 2004 section 5(1) of and Schedule 3 to the Local Government Act, 2001 shall come into operation for the purposes of the repeal of the Local Government (Amendment) (No. 2) Act, 1934 (No. 44 of 1934).

E84

Power pursuant to section exercised (1.01.2003) by Local Government Act, 2001 (Commencement) (No. 3) Order 2002 (S.I. No. 218 of 2002).

3. On 1 January 2003, Part 15 of the Act of 2001 shall come into operation other than section 169 and any reference to a code of conduct in sections 166(1), 167(2), 170(1), 171(1)(b), and 174(6).

E85

Power pursuant to section exercised (16.05.2002) by Local Government Act, 2001 (Commencement) (No. 2) Order 2002 (S.I. No. 213 of 2002).

2. Sections 109 and 110 of the Local Government Act, 2001 shall come into operation on the 16th day of May 2002.

E86

Power pursuant to section exercised (1.05.2002, 17.07.2002, 1.05.2004, 11.03.2002) by Local Government Act, 2001 (Commencement) Order 2002 (S.I. No. 65 of 2002).

3. On 1 May 2002, section 19 of the Act of 2001 shall come into operation; and on that date also section 5(1) of and Part 1 of Schedule 3 to that Act shall come into operation for the purposes of the repeal of section 11 of the Local Government Act, 1994, (No. 8 of 1994).

4. (a) On 17 July 2002, Part 6 and Part 7 of the Act of 2001 and Schedule 10 to that Act, other than paragraph 3(3) and paragraph 5 of that Schedule, shall come into operation.

(b) On 1 May 2004, paragraph 3(3) of Schedule 10 to the Act of 2001 shall come into operation.

5. On 17 July 2002, section 5(1) of and Part 1 of Schedule 3 to the Act of 2001 shall come into operation to the extent specified in Part 1 of the Schedule to this Order.

6. On 17 July 2002, section 5(2) of and Part 2 of Schedule 3 to the Act of 2001 shall come into operation to the extent specified in Part 2 of the Schedule to this Order.

7. On 11 March 2002, section 5(1) of and Part 1 of Schedule 3 to the Act of 2001 shall come into operation for the purposes of the repeal of section 4 of the City and County Management (Amendment) Act, 1955 ( No. 12 of 1955), insofar as that section is not already repealed.

SCHEDULE

Part 1

Acts Repealed

Article 5

Secssion and Chapter or Number and Year

Short Title

Extent of Repeal

1

2

3

3 & 4 Vict. c. 108

Municipal Corporations (Ireland) Act, 1840

The whole Act insofar as it is not already repealed.

10 & 11 Vict. c. 16

Commissioners Clauses Act, 1847

The whole Act insofar as it is not already repealed.

17 & 18 Vict. c. 103

Towns Improvement (Ireland) Act, 1854

Sections 27 and 28

61 & 62 Vict. c. 37

Local Government (Ireland) Act, 1898.

Sections 23(2) and 77.

2 Edw. 7. c. 38

Local Government (Ireland) Act, 1902

Sections 14 and 15.

No. 5 of 1925

Local Government Act, 1925

Sections 58 and 64.

No. 1 of 1929

Cork City Management Act, 1929

Section 7.

No. 27 of 1930

Local Government (Dublin) Act, 1930

Sections 31 and 37.

No. 35 of 1934

Limerick City Management Act, 1934

Sections 5(3) and 9.

No. 3 (Private) 1937

Local Government (Galway) Act, 1937

Sections 15 and 33.

No. 25 of 1939

Waterford City Management Act, 1939

Sections 4(3) and 8(6).

No. 12 of 1940

County Management Act, 1940

Section 18.

No. 23 of 1941

Local Government Act, 1941

Section 41.

No. 24 of 1946

Local Government Act, 1946

Sections 62, 63 and 66.

No. 9 of 1955

Local Government Act, 1955

Section 60.

No. 7 of 1985

Local Government (Reorganisation) Act, 1985

Sections 9, 25 and 27 and the Fifth Schedule.

No. 11 of 1991

Local Government Act, 1991

Part VI.

No. 8 of 1994

Local Government Act, 1994

Part V.

Part 2

Orders Revoked

Article 6

Year and Number

Short Title

Extent of Revocation

1

2

3

1898 No. 1120

Local Government (Application of Enactments) Order, 1898

Articles 36 and 38 of the Schedule to the Order.

E87

Power pursuant to section exercised (1.01.2002 and unspecified dates) by Local Government Act, 2001 (Commencement) (No. 3) Order 2001 (S.I. No. 588 of 2001).

3. On 1 January, 2002, subsections (2), (3) and (5) of section 1 of the Act of 2001, shall come into operation.

4. On 1 January, 2002, section 5(1) of and Part I of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part 1 of the Schedule to this Order.

5. On 1 January, 2002, section 5(2) of and Part 2 of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part 2 of the Schedule to this Order.

6. On 1 January, 2002, section 5(3) of and Schedule 4 to the Act of 2001, shall come into operation for the purpose of

(a) the amendment to the Housing (Traveller Accommodation) Act, 1998 (No. 33 of 1998) in the manner stated in column 3 of Schedule 4 to the Act of 2001, and

(b) the amendments to the Planning and Development Act, 2000 (No. 30 of 2000) in the manner stated in column 3 of Schedule 4 to the Act of 2001.

7. On 1 January, 2002, Part 3, other than sections 13(1)(i), 14, 19 and 22; Part 4, other than section 23; Part 5, other than Chapter 3; Part 9, other than Chapter 5; Part 10; sections 112 and 113(1); Part 13; Part 14, other than section 135; Part 16; section 197; Part 22, other than sections 223, 230 and 231; Part 24 insofar as not already commenced, of the Act of 2001, shall come into operation.

8. Section 13(1)(i) of the Act of 2001 shall come into operation and have effect for the purposes of the local elections in the year 2004 and from then on. Section 14 of the Act of 2001 shall come into operation and have effect on and from the ordinary day of retirement of members next after the enactment of the Act of 2001.

9. On 1 January, 2002, Schedules 1, 2, 5, 6, 7, 8, 12, 13, 14 and 15 to the Act of 2001, shall come into operation.

SCHEDULE

Part 1

Acts Repealed

Secssion and Chapter or Number and Year

Short Title

Extent of Repeal

1

2

3

6 & 7 Will. 4 c. 116

Grand Jury (Ireland) Act, 1836

Sections 35, 43, 44, 46, 54, 58, 66 to 68, 78, 82, 86, 108, 126 and 178 to 180 and Schedule (R).

3 & 4 Vict. c. 108

Municipal Corporations (Ireland) Act, 1840

The whole Act other than sections 10, 92 and 102.

3 & 4 Vict. c. 109

Counties and Boroughs (Ireland) Act, 1840

The whole Act.

6 & 7 Vict. c. 93

Municipal Corporations (Ireland) Act, 1843

The whole Act.

7 & 8 Vict. c. 106

County Dublin Grand Jury Act, 1844

Sections 40 and 110.

10 & 11 Vict. c. 16

Commissioners Clauses Act, 1847

Sections 53, 56 to 59.

10 & 11 Vict. c. 34

Towns Improvement Clauses Act, 1847

The whole Act.

16 & 17 Vict. c. 136

Grand Jury (Ireland) Act, 1853

Section 9.

17 & 18 Vict. c. 103

Towns Improvement (Ireland) Act, 1854

Section 38, 39, 41, 55, 58, 69, 72, 74 to 76 and 89.

23 & 24 Vict. c. 16

Municipal Corporations Mortgages etc. Act, 1860

The whole Act.

34 & 35 Vict. c. 109

Local Government (Ireland) Act, 1871

Section 25.

41 & 42 Vict. c. 52

Public Health (Ireland) Act, 1878

Sections 7, 200, 201 and 277.

45 & 46 Vict. c. 50

Municipal Corporations Act, 1882

The whole Act.

47 & 48 Vict. c. 70

Municipal Elections (Corrupt and Illegal Practices) Act, 1884

The whole Act.

53 & 54 Vict. c. 59

Public Health Acts Amendment Act, 1890

Section 38.

61 & 62 Vict. c. 37

Local Government (Ireland) Act, 1898

Sections 1, 4, 6(b), 10, 11, 12, 14, 18, 21, 22, 27, 31, 33, 35, 40, 41, 48 to 50, 58, 59, 68, 72, 78, 81, 82, 84, 86, 100 and 108 and the Second and Third Schedules.

63 & 64 Vict. c. 63

Local Government (Ireland) Act, 1900

Section 9.

2 Edw. 7. c. 38

Local Government (Ireland) Act, 1902

Sections 6 and 8.

9 Edw. 7. c. 47

Development and Road Improvement Funds Act, 1909

The whole Act.

No. 13 of 1924

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

The whole Act.

No. 5 of 1925

Local Government Act, 1925

Sections 2, 3, 5, 6, 16, 70, 73, 74, 81 and the First Schedule.

No. 1 of 1929

Cork City Management Act, 1929

The whole Act other than sections 1, 7, 11(2), 16 and 23.

No. 27 of 1930

Local Government (Dublin) Act, 1930

Sections 7, 17 to 19, 30, 38 to 41, 45, 51, 53, 54(1), 55 to 57, 59, 60, 67, 80 and 103 and the First Schedule.

No. 35 of 1934

Limerick City Management Act, 1934

Sections 2 to 4, 5(1) and (2), 11 to 14, 16(1), 17 to 19, 21, 22, 31 to 34, 39, 40 and the First Schedule.

No. 55 of 1936

Local Authorities (Miscellaneous Provisions) Act, 1936

Section 6.

No. 3 (Private) 1937

Local Government (Galway) Act, 1937

The whole Act other than sections 1, 2, 9, 15, 33 and 39.

No. 25 of 1939

No. 25 of 1939

Sections 2, 3, 4(1) and (2), 10 to 13, 15(1), 16 to 18, 20, 21, 30 to 32 and 37 to 39.

No. 12 of 1940

County Management Act, 1940

The whole Act other than sections 1, 2, 18, 21, 39 and 41.

No. 5 of 1941

Cork City Management (Amendment) Act, 1941

Sections 7, 8, 10 to 12, 22, 23 and 26.

No. 15 of 1941

Local Officers and Servants (Dublin) Act, 1941

The whole Act.

No. 23 of 1941

Local Government Act, 1941

Part II (insofar as it is not already repealed), Part III (insofar as it is not already repealed and other than section 41), section 67, Part VIII (insofar as it is not already repealed) and sections 76, 78, and 90.

No. 13 of 1942

County Management (Amendment) Act, 1942

The whole Act.

No. 8 of 1945

Local Government (Dublin) Act, 1945

The whole Act.

No. 30 of 1945

Local Authorities (Acceptance of Gifts) Act, 1945

The whole Act.

No. 24 of 1946

Local Government Act, 1946

Section 25, Part III (insofar as it is not already repealed) and Part IV and sections 70, 71, 73, 82, 83, 95 and 98.

No. 24 of 1950

Limerick City Management Act, 1950

The whole Act.

No. 9 of 1955

Local Government Act, 1955

Chapter 1 of Part II other than sections 21 and 24(2), sections 31 to 33, 40, 41, 51, 54, 58, 59, 65 and Part 1 of the Second Schedule.

No. 12 of 1955

City and County Management (Amendment) Act, 1955

Sections 2, 3, section 4 (except insofar as it relates to a planning function within the meaning of section 44 of the Local Government Act, 1991 ), sections 5, 6, 12, 13, 15 to 17, 19 and 20.

No. 9 of 1958

Local Government Act, 1958

The whole Act.

No. 10 of 1959

Local Government Act, 1959

The whole Act.

No. 40 of 1960

Local Government (No. 2) Act, 1960

Sections 11 and 12.

No. 3 of 1962

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

The whole Act.

No. 8 of 1965

Cork City Management (Amendment) Act, 1965

The whole Act.

No. 21 of 1966

Housing Act, 1966

Sections 85, 87 and 88.

No. 6 of 1968

Local Government (Roads and Drainage) Act, 1968

The whole Act.

No. 32 of 1972

County Management (Amendment) Act, 1972

The whole Act.

No. 35 of 1978

Local Government (Financial Provisions) Act, 1978

Section 13.

No. 21 of 1983

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

Section 9.

No. 7 of 1985

Local Government (Reorganisation) Act, 1985

Sections 5 to 7, Part III (insofar as it is not already repealed and other than section 9) and sections 19 to 23, and the First, Second, Third, and Fourth Schedules.

No. 3 of 1986

Canals Act, 1986

Section 15.

No. 28 of 1988

No. 28 of 1988

Section 27.

No. 11 of 1991

Local Government Act, 1991

Parts II to IV and sections 41, 42 and 46 to 50, 53 and 54(a).

No. 31 of 1993

Local Government (Dublin) Act, 1993

Part II and sections 39 and 40.

No. 8 of 1994

Local Government Act, 1994

Part II other than section 11, Part III other than section 24, Part IV, Part VI and section 46 and Parts IX and X, sections 61 and 64 to 66 and the Third, Fourth and Fifth Schedules.

No. 16 of 1998

Local Government Act, 1998

Sections 9 and 10.

No. 25 of 2000

Local Government Act, 2000

The whole Act.

Part 2

Orders Revoked

Year and Number

Short Title

Extent of Revocation

1

2

3

1898 No. 1120

Local Government (Application of Enactments) Order, 1898

Articles 8, 11, 12, 13, 15, 16, 24, 30, 33, 41, 43 to 46 of the Schedule to the Order.

1899 No. 44

Local Government (Adaptation of Irish Enactments) Order, 1899

Articles 4 to 7, 13, 15 to 17, 19 to 36, 42, 44 and 45.

E88

Power pursuant to section exercised (1.01.2002) by Local Government Act, 2001 (Commencement) (No. 2) Order, 2001 (S.I. No. 551 of 2001).

2. On the 1st day of January, 2002, section 142 of the Local Government Act, 2001, shall come into operation.

3. On the 1st day of January, 2002, section 51 of the Local Government Act, 1991 (No. 11 of 1991) shall be repealed.

E89

Power pursuant to section exercised (9.10.2001 and 1.01.2002) by Local Government Act, 2001 (Commencement) Order 2001 (S.I. No. 458 of 2001).

2. On the 9th day of October, 2001, subsections (1), (6) and (7) of section 1 and sections 2, 3, 4, 6, 7, 8 and 247 of the Local Government Act, 2001 shall come into operation.

3. On the 9th day of October, 2001 section 5(1) of, and Part 1 of Schedule 3 to, the Local Government Act, 2001 shall come into operation to the extent specified in the Schedule to this Order.

4. On the 1st day of January, 2002, Part 23 of the Local Government Act, 2001 shall come into operation.

SCHEDULE

Repeals

Number

Short Title

Extent of Repeal

No. 13 of 1937

Local Authorities (Electrical Employees) Act, 1937

The whole Act.

No. 22 of 1940

Local Authorities (Cost of Living) Act, 1940

The whole Act.

No. 34 of 1940

Unemployment (Relief Works) Act, 1940

The whole Act.

No. 13 of 1945

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

The whole Act.

No. 9 of 1955

Local Government Act, 1955

Section 62.

No. 12 of 1955

City and County Management (Amendment) Act, 1955

Section 7 and sections 9 and 11 insofar as they apply to an estimates committee.

Expenses.

8

8.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2

Local Government Areas and Local Authorities

Establishment day.

9

9.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

Annotations:

Editorial Notes:

E90

Power pursuant to section exercised (1.01.2002) by Local Government Act, 2001 (Establishment Day) Order 2001 (S.I. No. 591 of 2001).

Local government areas.

10

F12 [ 10 . (1) The State has local government areas in accordance with this section.

(2) The State stands divided into local government areas to be known as

(a) counties,

(b) cities, and

(c) cities and counties,

(each of which shall be known as a county, a city or a city and county as provided for and set out in columns 1 of Parts 1, 2 and 3, respectively, of Schedule 5.

(3)(a) Subject to section 10 of the Local Government Reform Act 2014, the boundaries of a county referred to in subsection (2) are the boundaries of the corresponding county as existing immediately before 1 January 2002.

(b) Subject to section 10 of the Local Government Reform Act 2014, the boundaries of a city referred to in subsection (2) are the boundaries of the corresponding county borough as existing immediately before 1 January 2002.

(4) For the purposes of this section and subject to section 11 (2) of the Local Government Reform Act 2014, all maps showing such boundaries prepared by the Chief Boundary Surveyor under the Survey (Ireland) Acts 1825 to 1870, or by the Commissioner of Valuation or otherwise in accordance with law continue to have all such force and effect as they had immediately before 1 January 2002.

(5) This section is without prejudice to

(a) section 227,

(b) Part V of the Local Government Act 1991 , and

(c) Part 2 of the Local Government Reform Act 2014.

(6) This section is without prejudice to

(a) the continued use of the description city in relation to Kilkenny, to the extent that that description was used before 1 January 2002 and is not otherwise inconsistent with this Act,

(b) the continued use of the description city in relation to Limerick and to Waterford, to the extent that each of those descriptions was used before the 2014 establishment day and is not otherwise inconsistent with this Act. ]

Annotations:

Amendments:

F12

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 12(1) and 25(4)(b), S.I. No. 214 of 2014.

Modifications (not altering text):

C8

Alternate commencement date for amendments to local government areas by Local Government Reform Act 2014 (1/2014), s. 12, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(a), commenced as per s. 28(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,

...

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

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

11

11.F13 [ (1) On and from the 2014 establishment day and for the purposes of local government, the areas referred to in subsection (2) of section 10 (as amended by section 12 (1) of the Local Government Reform Act 2014) shall each have a local authority as provided for in this section.

(2) With effect from the 2014 establishment day

(a) for each county set out in Part 1 of Schedule 5 (as amended by section 12 (2) of the Local Government Reform Act 2014)

(i) in the case of Tipperary, there stands established, under this section, and

(ii) in every other case there continues to stand established under this section,

a body for the purposes of local government,

(b) for each city set out in Part 2 of Schedule 5 (as so amended) there continues to stand established under this section a body for the purposes of local government, and

(c) for each city and county set out in Part 3 of Schedule 5 (as so amended) there stands established under section 13 (1) of the Local Government Reform Act 2014 a body for the purposes of local government,

and each such body is a local authority and each such county, city, or city and county, as the case may be, is its administrative area.

(3) The local authorities referred to in subsection (2) are the primary units of local government and shall be known by

(a) in the case of a county set out in Part 1 of Schedule 5

(i) in the Irish language, the name of the local authority concerned as set out in column 2 of Chapter 1 of that Part opposite the mention in column 1 of that county,

(ii) in the English language, the name of the local authority concerned as set out in column 2 of Chapter 2 of that Part opposite the mention in column 1 of that county,

(b) in the case of a city set out in Part 2 of Schedule 5

(i) in the Irish language, the name of the local authority concerned as set out in column 2 of Chapter 1 of that Part opposite the mention in column 1 of that city,

(ii) in the English language, the name of the local authority concerned as set out in column 2 of Chapter 2 of that Part opposite the mention in column 1 of that city,

and

(c) in the case of a city and county set out in Part 3 of Schedule 5

(i) in the Irish language, the name of the local authority concerned as set out in column 2 of Chapter 1 of that Part opposite the mention in column 1 of that city and county,

(ii) in the English language, the name of the local authority concerned as set out in column 2 of Chapter 2 of that Part opposite the mention in column 1 of that city and county. ]

(4) F14 [ ]

(5) F13 [ (a) In respect of a local authority to which subsection (3) relates, each member (being directly elected or co-opted in accordance with this Act) shall be known as a councillor and, without prejudice to sections 22B and 22C, collectively shall comprise the elected council of the local authority. ]

( b) Each local authority shall have a Cathaoirleach and Leas-Chathaoirleach elected in accordance with Part 5.

F13 [ (6) For the purposes of functions conferred on it by or under this or any other enactment

(a) a county council has jurisdiction throughout its administrative area,

(b) a city council has jurisdiction throughout its administrative area,

(c) a city and county council has jurisdiction throughout its administrative area. ]

(7) A local authority to which F13 [ subsection (3) ] relates shall—

( a) continue to be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold, manage, maintain and dispose of land or any interest in land,

( b) have a seal which shall be judicially noticed and every document claiming to be an instrument made by it and to be sealed with its seal (claiming to be authenticated in accordance with subsection (8)) shall be received in evidence and be deemed to be that instrument without further proof unless the contrary is shown.

(8) The seal referred to in subsection (7)(b) shall be authenticated by the signature of the Cathaoirleach or of an employee of the authority nominated in writing for that purpose by the F15 [ chief executive ] following consultation with the Cathaoirleach.

(9) Any seal used immediately before the establishment day by a local authority to which this section relates continues to have all such force and effect as it had immediately before that day.

(10) Notwithstanding subsection (9), at any time after the establishment day a local authority to which this section relates may provide itself with a new seal which shall be judicially noticed and subsection (7) regarding the evidential value of the seal applies also to such seal.

(11) Notwithstanding the repeal of enactments relating to its establishment and constitution, F13 [ a county council or county borough corporation in being immediately before the establishment day ], continue in being but subject to the provisions of this Act applying and having effect.

F16 [ (11A) In respect of a dissolved authority, within the meaning of the Local Government Reform Act 2014, and with effect from the commencement of the provision under that Act for such dissolution of the authority, subsection (11) ceases to have effect in respect of that authority. ]

(12) Subsection (11) applies and has effect in relation to the continuation in being of the bodies mentioned in that subsection notwithstanding any change brought about by this Act in the corporate name of any such body or in its corporate status or constitution and the functions vested by any enactment in such body shall, subject to the provisions of this Act, continue to stand so vested.

(13) A reference in any other enactment or other document to a local authority (being a local authority which continues to stand established) by its name applying before it was changed under this Act shall be read as a reference to that body as renamed.

(14) All acts done and decisions made before the establishment day by a local authority (which continues to stand established under this section), whether by resolution, F15 [ chief executive s order ] or otherwise, shall subject to this Act continue to have all such force and effect as they had immediately before that day.

(15) ( a) The land and other property and all rights related thereto which was, before the establishment day, vested in or held by a local authority which continues to stand established under this section continues, subject to the provisions of this Act, to be so vested or held by that authority for the same estate, right, title or interest and may be disposed of in accordance with Part 16.

( b) Paragraph (a) is without prejudice to the generality of subsection (14).

(16) Subject to this Act, royal charters and letters patent relating to local authorities shall continue to apply for ceremonial and related purposes in accordance with local civic tradition but shall otherwise cease to have effect.

F16 [ (16A) Notwithstanding the dissolution of certain local authorities by Part 2 of the Local Government Reform Act 2014 with effect from the 2014 establishment day or the dissolution of town councils by Chapter 2 of Part 3 of that Act with effect from the transfer date, subsection (16) continues to apply to any city or town concerned. ]

(17)( a) This section is without prejudice to section 73 F13 [ or Part 21 ] .

( b) Subsection (6) is without prejudice to Part 10.

Annotations:

Amendments:

F13

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 14(a), (c), (d), (e), (f) and (i), S.I. No. 214 of 2014.

F14

Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 14(b) and 25(4)(c)(i), S.I. No. 214 of 2014.

F15

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 19-20, S.I. No. 214 of 2014.

F16

Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 14(g) , (h) and 25(4)(c)(ii), S.I. No. 214 of 2014.

Modifications (not altering text):

C9

Alternate commencement date for amendments to section by Local Government Reform Act 2014 (1/2014), s. 14, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(b), commenced as per s. 28(5).

Elections to local authorities in 2014

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

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

...

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

PART 3

Local Authority Membership

Eligibility for local authority membership.

12

12.—Subject to section 14 and to the disqualifications set out in F17 [ sections 13 and 13A ] and to the provisions of section 19 relating to co-option, a person is eligible for election or co-option to, and membership of, a local authority, if he or she is a citizen of Ireland or is ordinarily resident in the State and has or will attain the age of 18 years—

( a) on or before polling day at a local election, or

( b) if there is no poll, the latest day for receiving nominations at the election, or on or before the day of co-option to a local authority.

Annotations:

Amendments:

F17

Substituted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.

Disqualifications from local authority membership.

13

13.—(1) Subject to subsection (2), a person is disqualified from being elected or co-opted to, or from being a member of a local authority if he or she—

( a) is a member of the Commission of the European Community, or

( b) is a representative in the European Parliament, or

( c) is a Judge, Advocate General or Registrar of the Court of Justice of the European Community, or

( d) is a member of the Court of Auditors of the European Community, or

( e) is a Minister of the Government or a Minister of State or the chairman of Dáil Éireann (An Ceann Comhairle), or the chairman of Seanad Éireann, or

( f) is appointed under the Constitution as a Judge or as the Comptroller and Auditor General, or

( g) is a member of the Garda Síochána or a wholetime member of the Defence Forces as defined in section 11(4) (b) of the Electoral Act, 1992, or

( h) is a civil servant who is not by terms of employment expressly permitted to be a member of a local authority, or

F18 [ ( i ) is a person employed by a local authority, the Health Service Executive or the Child and Family Agency and is not the holder of a class, description or grade of employment designated by order under section 161(1)(b) or deemed to have been made under that section, or ]

F19 [ ( ii ) is a person employed by the Health Service Executive and is at a grade or of a description of employment designated by order of the Minister for Health and Children, or ]

( j) is undergoing a sentence of imprisonment for any term exceeding 6 months imposed by a court of competent jurisdiction in the State, or

( k) fails to pay any sum or any portion of any sum charged or surcharged, by an auditor of the accounts of any local authority, upon or against that person, or

( l) fails to comply with a final judgement, order or decree of a court of competent jurisdiction, for payment of money due to any local authority, or

( m) is convicted of, or has had a conviction confirmed on appeal for, an offence relating to any of the following:

(i) fraudulent or dishonest dealings affecting a local authority;

(ii) corrupt practice;

(iii) acting when disqualified.

(2)( a) A disqualification arising under subsection (1)(k) commences—

(i) where no appeal is taken, on the expiration of the time limit for an appeal, or

(ii) where an appeal is taken to the Minister or the High Court, on the expiration of one month from the date of an order confirming the charge or surcharge,

and the disqualification shall be for 5 years from the date of its commencement.

( b) A disqualification arising under subsection (1)(l) comes into effect on the seventh day after the last day for compliance with the relevant final judgement, order or decree and the disqualification shall be for 5 years from such last day.

( c) A disqualification arising under subsection (1)(m) commences—

(i) where no appeal is taken against the conviction, when the time limit for taking an appeal has passed, or

(ii) where an appeal is taken against the conviction and the appeal is disallowed, one month from the determination of the appeal,

and the disqualification shall be for 5 years from the date of conviction or determination of the appeal, as the case may be.

(3) Nothing in this section operates to prejudice any disqualification referred to in section 182 or in section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999 , or in any other enactment.

Annotations:

Amendments:

F18

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 15 item 2, S.I. No. 502 of 2013.

F19

Inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 21 item 2, S.I. No. 887 of 2004, art. 2(i).

F20 [ Application of disqualification to members of D á il É ireann and Seanad É ireann.

13A

13A. (1) A person who is a member of either House of the Oireachtas is disqualified from being elected or co-opted to, or from being a member of, a local authority.

(2) In respect of local elections to be held in the year 2004 and thereafter, section 13(1) shall be read as if the following were substituted for paragraph ( e ):

( e ) is a member of D á il É ireann or Seanad É ireann, or . ]

Annotations:

Amendments:

F20

Inserted (2.06.2003) by Local Government (No. 2) Act 2003) (17/2003), s. 2(1), commenced on enactment, subject to transitional provision in subs. (2).

Prohibition on multiple membership of local authorities.

14

F21 [ 14. A person shall not hold membership simultaneously of more than one local authority. ]

Annotations:

Amendments:

F21

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 21, S.I. No. 214 of 2014.

Offence to act when disqualified.

15

15.—(1) A person is guilty of an offence if he or she knowingly acts as a member of a local authority when disqualified, or knowingly votes when prohibited by or under any enactment.

F22 [ (1A) Subsection (1) applies to a member of a local authority in performing functions as a municipal district member in the same manner as it applies to a member of a local authority in performing functions as a member of a local authority or a member of the council of a local authority. ]

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding £1,500 for each such offence.

(3) An offence under this section may be prosecuted by a local government elector or a local authority.

(4) This section is without prejudice to any other disqualification or penalty arising out of the actions of the person concerned.

Annotations:

Amendments:

F22

Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 22, S.I. No. 214 of 2014.

Cesser of membership.

16

16.—(1) A person ceases to be a member of a local authority and a casual vacancy arises in its membership immediately upon he or she becoming disqualified from membership of a local authority under F23 [ sections 13 , 13A ] or 182, or under section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999 F24 [ , or upon an order under subsection (4)(b) of section 17 of the Criminal Justice (Corruption Offences) Act 2018 for the forfeiture of the office of the person as a member of the local authority taking effect under subsection (6) of that section ].

(2) When a person ceases to be a member of a local authority under this section he or she also ceases to be a member of any body to which he or she—

( a) was elected, nominated or appointed by a local authority, or

( b) is a member by virtue of being a member of a local authority.

(3) Nothing in subsection (1) or (2) shall be read so as to affect the validity of anything previously done by the person while a member of the local authority or of the body concerned.

(4) A person to whom a disqualification referred to in subsection (1) applies is so disqualified from being or becoming a member of any committee, joint committee or joint body.

Annotations:

Amendments:

F23

Substituted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.

F24

Inserted (30.07.2018) by Criminal Justice (Corruption Offences) Act 2018 (9/2018), s. 33, S.I. No. 298 of 2018.

Term of office.

17

17.—(1) In this section—

“incoming members” has the meaning given in subsection (3)(b);

“ordinary day of retirement”, in relation to the outgoing members of a local authority, means the seventh day—

( a) after the polling day at the election of the incoming members of the local authority, or

( b) where the poll for any local electoral area of the local authority or for any polling station at the election of incoming members of the local authority is for any reason countermanded, interrupted or adjourned, after the day on which the poll is completed or the fresh poll is held.

(2) Subject to this Act, the members of a local authority hold office until the next ordinary day of retirement and retire together on that day as provided for by this section.

(3) On the ordinary day of retirement—

( a) each of the outgoing members of the local authority retires, and

( b) each person elected at the election comes into office as a member of the local authority (in this section collectively referred to as the “incoming members”).

(4) The term of office of a member of a local authority continues until the next ordinary day of retirement of members of the local authority, unless such member sooner dies, resigns, becomes disqualified, is removed from office or otherwise ceases to be a member of the local authority.

Annotations:

Modifications (not altering text):

C10

Certain references to “ordinary day of retirement” construed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(3), commenced as per s. 28(5).

Elections to local authorities in 2014

28. ...

(3) For the purposes of the local elections held in 2014, the definition of “ordinary day of retirement” in section 17(1) of the Principal Act shall be read—

(a) in the case of every local authority (including a local authority that is being dissolved under section 17 )—

(i) as if the reference in that definition to the seventh day after the polling day at the election of the incoming members of the local authority were a reference to the 2014 establishment day, and

(ii) as if the reference to the seventh day after the date provided for the purposes of paragraph (b) of that definition were a reference to the 2014 establishment day or the seventh day after the day on which the poll is completed or the fresh poll held, whichever is the later,

and

(b) in the case of a local authority that is being dissolved under section 24 , as if that definition referred to the transfer date and to no other day referred to in that definition.

...

Resignation from membership.

18

18.—(1) A member of a local authority may resign from membership by notice in writing signed by him or her and delivered to the principal offices of the local authority.

(2) A person ceases to be a member of the local authority—

( a) on the date specified in the notice as the resignation date, or

( b) where no date is specified, on receipt of the notice,

and accordingly a casual vacancy occurs in the membership of the local authority.

(3) A person who resigns from membership of a local authority under this section also ceases on such resignation to be a member of any body—

( a) to which he or she was elected, nominated or appointed by the local authority, or

( b) of which he or she is a member by virtue of being a member of the local authority.

(4) ( a) A person shall be deemed to have resigned from membership of a local authority where the person is absent from attendance at any meeting of the authority for a continuous period of 6 consecutive months (“the relevant period”) from the date (“the relevant date”) of his or her last attendance at a meeting of the authority.

( b) paragraph (a) does not apply where the absence was—

(i) due to illness, or

(ii) in good faith for another reason,

and which, in either case, is accepted by the local authority and approved by resolution under this paragraph before the end of the relevant period, in which case the period shall stand extended to 12 months from the relevant date.

( c) Where a resolution is passed under paragraph (b) and the continuous period of absence continues uninterrupted—

(i) due to illness, or

(ii) in good faith for another reason,

and, in either case, is accepted by the local authority and approved by resolution under this paragraph before the expiry of the relevant period as extended under paragraph (b) , then the period shall stand extended to 18 months from the relevant date.

( d) A casual vacancy under this subsection occurs on the next day after—

(i) in the case of paragraph (a), the end of the relevant period,

(ii) in the case of paragraph (b), the end of the relevant period as extended under that paragraph, or

(iii) in the case of paragraph (c), the end of the relevant period as extended to 18 months under that paragraph.

F25 [ (5) In relation to a local authority, attendance as a member at a meeting of

(a) any committee or joint committee or joint body of the authority, or

(b) the municipal district members,

shall be deemed for the purposes of subsection (4) to be attendance at a meeting of the authority. ]

Annotations:

Amendments:

F25

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 23, S.I. No. 214 of 2014.

Casual vacancies.

19

19.—(1) A casual vacancy in the membership of a local authority occurs—

( a) where section 16(1) applies,

( b) upon the death or resignation (including deemed resignation by virtue of section 18(4) ) of a member of a local authority,

F26 [ ( c )     in such circumstances as are set out in articles 25, 28, 124 and 125 of the Local Elections Regulations 1995 ( S.I. No. 297 of 1995 ), ]

( d) in such circumstances as may be prescribed by regulations made by the Minister under section 27 , or

( e) in such circumstances as are referred to in section 15(1) of the Local Elections (Petitions and Disqualifications) Act, 1974 .

(2) It is the duty of the meetings administrator to notify the members of the local authority in writing on becoming aware that a casual vacancy has or may have occurred.

(3) ( a) A casual vacancy shall be filled by the co-option by the local authority of a person to fill the vacancy and except where paragraph (c) or (d) or (e) of subsection (1) apply, subject to such person being nominated by the same registered political party who nominated for election or co-option the member who caused the casual vacancy.

( b) Where the person causing the casual vacancy was a non-party candidate at his or her election to the local authority, the vacancy shall be filled by the co-option by the local authority of a person to fill the vacancy (except where paragraph (c) or (d) or (e) of subsection (1) apply) in accordance with such requirements and procedures as may be set out in its standing orders.

( c) A local authority shall in making standing orders consider the inclusion of provisions for the purposes of paragraph (b) .

(4) ( a) A co-option shall be made, after due notice, at the next meeting of the local authority after the expiration of 14 days from the occurrence of the vacancy or as soon after the expiration of the 14 days as circumstances permit.

( b) In this subsection “due notice” means not less than 3 clear days’ notice given in writing to every member of the local authority.

(5) A person is not to be proposed at a meeting of the local authority for co-option without his or her prior written consent.

(6) A person co-opted to fill a casual vacancy shall be a member of the local authority until the next ordinary day of retirement of members of that local authority unless he or she sooner ceases to be a member.

Annotations:

Amendments:

F26

Substituted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.

Savers (Part 3).

20

20.F27 [ (1) The acts, decisions and proceedings of a local authority or of the municipal district members shall not be invalidated only because of a vacancy or vacancies in its membership or of the disqualification or want of qualification of any of its members. ]

(2) Subsection (1) is without prejudice to the requirements of paragraph 11 of Schedule 10 in respect of the quorum for a meeting of a local authority.

(3) Any person who immediately before the establishment day is a member of a local authority shall, on and from such day, continue as such member subject to and in accordance with this Act.

(4) A person to whom subsection (3) applies and who is an alderman shall continue to bear that title until the next ordinary day of retirement after the commencement of this provision, or until his or her otherwise ceasing to be a member of the local authority, whichever is the earlier.

Annotations:

Amendments:

F27

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 24, S.I. No. 214 of 2014.

Number of members of local authorities, etc.

21

F28 [ 21. (1) Subject to section 22, each county council, city council and city and county council consists of the number of members specified in Parts 1, 2 and 3, respectively, of Schedule 7 opposite the reference to the county council, city council or city and county council concerned.

(2) Without prejudice to paragraph 11 of Schedule 10, where a provision of this Act provides that at least a specified proportion of the total number of members of a local authority or of the municipal district members is necessary in relation to the doing of any particular act, then in a case where such proportion consists of a whole number and a remainder, the whole number shall of itself be sufficient. ]

Annotations:

Amendments:

F28

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 15(a), S.I. No. 214 of 2014.

Modifications (not altering text):

C11

Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 4, in effect as per reg. 3.

Proportion of the total number of municipal district members necessary in relation to the doing of any particular act

4. The provisions of section 21(3) of the Act shall apply to the proportion of the total number of municipal district members of a local authority necessary in relation to the doing of any particular act, in relation to municipal district members for a municipal district, as if the reference to “the total number of members of a local authority” were a reference to “the total number of municipal district members”.

C12

Alternate commencement date for amendments to numbers of local authorities by Local Government Reform Act 2014 (1/2014), s. 15, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(c), commenced as per s. 28(5).

Elections to local authorities in 2014

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

(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 ,

...

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

Editorial Notes:

E91

Previous affecting provision: subs. (1) amended (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment; substituted as per F-note above.

Alteration of number of members of local authority.

22

22.—(1) F29 [ (a) A county council, a city council or a city and county council may by resolution adopt a proposal (in this section referred to as a proposal ) for the alteration of the number of members of that council. ]

( b) A proposal under paragraph (a) and a public notice under paragraph (d) shall specify the current number of members of the authority and the number by which it is proposed to be altered and whether by way of increase or decrease.

( c) It is necessary for the adoption of a proposal under paragraph (a) that at least one-half of the total number of members of the authority vote in favour of the resolution.

( d) Before adopting a proposal the local authority shall invite submissions on it from the public by way of a public notice and the authority shall consider any submissions received.

( e) Following the adoption of a resolution under this subsection a local authority may make application to the Minister for an alteration in the number of members.

(2) Where an application has been duly made to the Minister under subsection (1), the Minister may by order alter the number of members of the F29 [ county council, city council or city and county council ] concerned, whether or not to the extent proposed.

F29 [ (3) Before deciding whether to make an order under subsection (2), the Minister shall request a committee in accordance with section 32 of the Local Government Act 1991 to prepare a report with respect to the application and Part V of that Act applies to such a request and report. ]

(4) An order under subsection (2) shall not apply to any local elections which occur within 6 months of the making of the order but shall apply to any subsequent local elections.

(5) F30 [ ]

F29 [ (6) An application under this section shall not be made to the Minister within 5 years of

(a) the commencement of section 15 of the Local Government Reform Act 2014 (which inserts a new Schedule 7 to this Act), or

(b) the decision by the Minister on any previous application by the local authority concerned,

whichever is the later. ]

Annotations:

Amendments:

F29

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 25-27 and 29, S.I. No. 214 of 2014.

F30

Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 28, S.I. No. 214 of 2014.

F31 [ PART 3A

Municipal Districts

22A

Municipal districts

22A

22A . (1) Subject to subsection (4), every county and city and county set out in Part 1 and Part 3, respectively, of Schedule 5 shall have 2 or more districts (each consisting of one or more than one local electoral area) to be known as a municipal district and collectively as municipal districts, as the Minister shall determine by order made under section 23(1)(c).

(2) Where

(a) a municipal district contains the administrative area of the former Limerick City Council or the former Waterford City Council that were dissolved with effect from the 2014 establishment day, then, notwithstanding subsection (1), each of those municipal districts so containing shall be known

(i) in the Irish language, as Ceantar Cathrach................. followed by the name of the municipal district in Irish, and

(ii) in the English language, as the Metropolitan District of................. followed by the name of the municipal district in English,

and those municipal districts may each be referred to as a metropolitan district ,

(b) a municipal district contains the administrative area of the former borough of Clonmel, the former borough of Drogheda, the former borough of Sligo or the former borough of Wexford that were dissolved with effect from the transfer date, then, notwithstanding subsection (1), each of those municipal districts so containing shall be known

(i) in the Irish language, as Ceantar Buirge................. followed by the name of the municipal district in Irish, and

(ii) in the English language, as the Borough District of................. followed by the name of the municipal district in English,

and any such municipal district may be referred to as a borough district , and

(c) a municipal district contains the administrative area of the former borough of Kilkenny, that was dissolved with effect from the transfer date, then, notwithstanding subsection (1), the municipal district so containing shall be known

(i) in the Irish language, as Ceantar Bardasach Chathair Chill Chainnigh , and

(ii) in the English language, as the Municipal District of Kilkenny City .

(3) In the case of a municipal district in respect of which a designation referred to in subsection (2) does not apply, the municipal district shall be known

(a) in the Irish language, as Ceantar Bardasach................. followed by the name of the municipal district in Irish, and

(b) in the English language, as the Municipal District of................. followed by the name of the municipal district in English.

(4) Subsection (1) does not apply in the case of the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin.

(5) This section has effect in respect of the local elections for the year 2014 and subsequent local elections and, accordingly

(a) a municipal district shall continue in existence until it ceases by order under section 23(1)(c), and

(b) its area shall continue to be that as determined by the order under section 23(1)(c), subject to any subsequent provision relating to its area being made by such an order. ]

Annotations:

Amendments:

F31

Inserted (30.01.2014 and 1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 19, S.I. Nos. 38 and 214 of 2014.

Editorial Notes:

E92

Municipal districts for purposes of section prescribed (31.01.2014) by County of Wicklow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 70 of 2014), art. 4.

E93

Municipal districts for purposes of section prescribed (31.01.2014) by County of Wexford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 69 of 2014), art. 4.

E94

Municipal districts for purposes of section prescribed (31.01.2014) by County of Westmeath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 68 of 2014), art. 5.

E95

Municipal districts for purposes of section prescribed (31.01.2014) by City and County of Waterford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 67 of 2014), art. 4.

E96

Municipal districts for purposes of section prescribed (31.01.2014) by County of Tipperary Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 66 of 2014), art 4.

E97

Municipal districts for purposes of section prescribed (31.01.2014) by County of Sligo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 64 of 2014), art. 4.

E98

Municipal districts for purposes of section prescribed (31.01.2014) by County of Roscommon Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 63 of 2014), art. 4.

E99

Municipal districts for purposes of section prescribed (31.01.2014) by County of Offaly Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 62 of 2014), art. 4.

E100

Municipal districts for purposes of section prescribed (31.01.2014) by County of Monaghan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 61 of 2014), art 4.

E101

Municipal districts for purposes of section prescribed (31.01.2014) by County of Meath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 60 of 2014), art. 4.

E102

Municipal districts for purposes of section prescribed (31.01.2014) by County of Mayo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 59 of 2014), art. 4.

E103

Municipal districts for purposes of section prescribed (31.01.2014) by County of Louth Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 58 of 2014), art. 5.

E104

Municipal districts for purposes of section prescribed (31.01.2014) by County of Longford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 57 of 2014), art. 4.

E105

Municipal districts for purposes of section prescribed (31.01.2014) by City and County of Limerick Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 56 of 2014), art. 4.

E106

Municipal districts for purposes of section prescribed (31.01.2014) by County of Leitrim Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 55 of 2014), art. 4.

E107

Municipal districts for purposes of section prescribed (31.01.2014) by County of Laois Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 54 of 2014), art. 4.

E108

Municipal districts for purposes of section prescribed (31.01.2014) by County of Kilkenny Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 53 of 2014), art. 5.

E109

Municipal districts for purposes of section prescribed (31.01.2014) by County of Kildare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 52 of 2013), art. 5.

E110

Municipal districts for purposes of section prescribed (31.01.2014) by County of Kerry Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 51 of 2014), art. 4.

E111

Municipal districts for purposes of section prescribed (31.01.2014) by County of Galway Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 50 of 2014), art. 4.

E112

Municipal districts for purposes of section prescribed (31.01.2014) by County of Donegal Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 44 of 2014), art. 4.

E113

Municipal districts for purposes of section prescribed (31.01.2014) by County of Cork Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 43 of 2014), art. 4.

E114

Municipal districts for purposes of section prescribed (31.01.2014) by County of Clare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 42 of 2014), art. 4.

E115

Municipal districts for purposes of section prescribed (31.01.2014) by County of Cavan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 41 of 2014), art. 4.

E116

Municipal districts for purposes of section prescribed (31.01.2014) by County of Carlow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 40 of 2014), art. 4.

22B

F32 [ Members for municipal districts

22B . The members of a county council or city and county council, elected in accordance with this Act for the local electoral areas situated in a municipal district of the county or the city and county concerned (as the case may be), collectively comprise the council membership for that municipal district for the purpose of the performance in that collective capacity of functions of the county council or city and county council in accordance with section 131A and, in respect of each municipal district, collectively shall be known as the municipal district members. ]

Annotations:

Amendments:

F32

Inserted (30.01.2014 and 1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 19, S.I. Nos. 38 and 214 of 2014.

22C

F33 [ Cathaoirleach of municipal district

22C . In the case of each municipal district, the municipal district members shall elect a Cathaoirleach and Leas-Chathaoirleach in accordance with Part 5. ]

Annotations:

Amendments:

F33

Inserted (30.01.2014 and 1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 19, S.I. Nos. 38 and 214 of 2014.

PART 4

Local Elections

Local electoral areas.

23

23.F34 [ (1) Subject to and without prejudice to Part V of the Local Government Act 1991 (as amended by the Local Government Act 1994 ), the Minister may by order

(a) divide each county, city or city and county referred to in section 10(2) into local electoral areas,

(b) fix the number of members to be elected for each local electoral area, and

(c) determine the municipal districts within a county or a city and county for the purposes of section 22A, each of which shall consist of one or more than one local electoral area.

(1A) Subsection (1)(c) does not apply in respect of the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin. ]

(2) The number of members of a local authority to which an order under this section relates to be elected at an election of members of the local authority held after the making of the order for each local electoral area specified in the order shall, without prejudice to any subsequent order, be the number fixed by the order for the local electoral area.

F35 [ (3) Where, on the commencement of this provision, an order is in force dividing a local government area referred to in section 10(2) into local electoral areas or fixing the number of members for each local electoral area, the order shall continue in force in relation to that area and be deemed to be an order under this section and may be amended or revoked accordingly. ]

(4) In respect of F35 [ any local electoral area in a local government area referred to in section 10(2) ], the Minister may by order—

( a) amend, modify, or revoke any division made by an order under this section, including an order under this subsection or an order deemed by subsection (3) to be an order under this section, or

( b) alter the number of members of the local authority to be elected for a local electoral area by virtue of an order under this section, including an order under this subsection or an order deemed by subsection (3) to be an order under this section.

(5) An order under this section shall first have effect for the purpose of the election of members of the local authority held next after the order is made.

(6) F36 [ ]

(7) F36 [ ]

(8) F36 [ ]

Annotations:

Amendments:

F34

Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 20(1)(a), S.I. No. 214 of 2014.

F35

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 20(1)(b), (c), S.I. No. 214 of 2014.

F36

Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 20(1)(d), S.I. No. 214 of 2014.

Modifications (not altering text):

C13

Alternate commencement date for amendments by Local Government Reform Act 2014 (1/2014), s. 20(1), specified (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(d), commenced as per s. 28(5).

Elections to local authorities in 2014

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

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

...

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

Editorial Notes:

E117

Power pursuant to section exercised (31.01.2014) by County of Wicklow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 70 of 2014).

E118

Power pursuant to section exercised (31.01.2014) by County of Wexford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 69 of 2014).

E119

Power pursuant to section exercised (31.01.2014) by County of Westmeath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 68 of 2014).

E120

Power pursuant to section exercised (31.01.2014) by City and County of Waterford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 67 of 2014).

E121

Power pursuant to section exercised (31.01.2014) by County of Tipperary Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 66 of 2014).

E122

Power pursuant to section exercised (31.01.2014) by County of South Dublin Local Electoral Areas Order 2014 (S.I. No. 65 of 2014).

E123

Power pursuant to section exercised (31.01.2014) by County of Sligo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 64 of 2014).

E124

Power pursuant to section exercised (31.01.2014) by County of Roscommon Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 63 of 2014).

E125

Power pursuant to section exercised (31.01.2014) by County of Offaly Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 62 of 2014).

E126

Power pursuant to section exercised (31.01.2014) by County of Monaghan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 61 of 2014).

E127

Power pursuant to section exercised (31.01.2014) by County of Meath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 60 of 2014).

E128

Power pursuant to section exercised (31.01.2014) by County of Mayo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 59 of 2014).

E129

Power pursuant to section exercised (31.01.2014) by County of Louth Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 58 of 2014).

E130

Power pursuant to section exercised (31.01.2014) by County of Longford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 57 of 2014).

E131

Power pursuant to section exercised (31.01.2014) by City and County of Limerick Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 56 of 2014).

E132

Power pursuant to section exercised (31.01.2014) by County of Leitrim Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 55 of 2014).

E133

Power pursuant to section exercised (31.01.2014) by County of Laois Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 54 of 2014).

E134

Power pursuant to section exercised (31.01.2014) by County of Kilkenny Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 53 of 2014).

E135

Power pursuant to section exercised (31.01.2014) by County of Kildare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 52 of 2013).

E136

Power pursuant to section exercised (31.01.2014) by County of Kerry Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 51 of 2014).

E137

Power pursuant to section exercised (31.01.2014) by County of Galway Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 50 of 2014).

E138

Power pursuant to section exercised (31.01.2014) by City of Galway Local Electoral Areas Order 2014 (S.I. No. 49 of 2014).

E139

Power pursuant to section exercised (31.01.2014) by County of Fingal Local Electoral Areas Order 2014 (S.I. No. 47 of 2014).

E140

Power pursuant to section exercised (31.01.2014) by County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2014 (S.I. No. 46 of 2014).

E141

Power pursuant to section exercised (31.01.2014) by City of Dublin Local Electoral Areas Order 2014 (S.I. No. 45 of 2014).

E142

Power pursuant to section exercised (31.01.2014) by County of Donegal Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 44 of 2014).

E143

Power pursuant to section exercised (31.01.2014) by County of Cork Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 43 of 2014).

E144

Power pursuant to section exercised (31.01.2014) by County of Clare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No.42 of 2014).

E145

Power pursuant to section exercised (31.01.2014) by County of Cavan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 41 of 2014).

E146

Power pursuant to section exercised (31.01.2014) by County of Carlow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 40 of 2014).

Right to vote at local elections.

24

24.—(1) For the purposes of this section and subject to this Part and regulations made under it, every person whose name is on the register of local government electors prepared under Part II of the Electoral Act, 1992, for the time being in force for a local electoral area (in this Act referred to as the “register of electors”) is entitled to vote at the poll at a local election in that area.

(2) A person’s name shall be taken to be on the register of electors if it includes a name which, in the opinion of the returning officer or presiding officer, was intended to be the person’s name.

(3) A person who has voted at a local election shall not in any legal proceeding be required to state for whom he or she has voted.

(4) A person who—

( a) is registered in the register of electors for the time being in force for a local electoral area but is not entitled to be so registered, or

( b) is not registered in the register of electors,

shall not vote at the poll at a local election in that area.

(5) Nothing in this section shall be read so as to entitle any person to vote who is not entitled to do so, or as relieving that person from any penalties to which that person may be liable to, for voting.

Prohibition of plural voting.

25

25.—(1) A person shall not vote or apply for a ballot paper—

( a) more than once at an election of the members of a local authority otherwise than under Article 64 of the Local Elections Regulations, 1995,

( b) F37 [ ]

F38 [ ( c ) at an election of the members of more than one local authority held at the same local elections, or ]

( d) F37 [ ]

( e) F39 [ ]

(2) F39 [ ]

(3)( a) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both.

( b) A person who aids, abets, counsels or procures the commission of an offence under subsection (1) is guilty of an offence and is liable:

(i) on summary conviction to a fine not exceeding £1,500, or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both, or

(ii) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both.

Annotations:

Amendments:

F37

Repealed (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(a), commenced on enactment.

F38

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 30, S.I. No. 214 of 2014.

F39

Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 31-32, S.I. No. 214 of 2014.

Editorial Notes:

E147

Previous affecting provision: subs. (1)(c) amended (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment; substituted as per F-note above.

Year of elections to all local authorities.

26

26.—(1)( a) An election of members of every local authority shall be held in the year 2004 and in every fifth year thereafter.

( b) Nothing in this subsection affects Part 21 of this Act or any order made under that Part.

(2) The poll at local elections shall be held on such day in the month of May or June and shall continue for such period, not being less than 12 hours, between the hours of 7.00 a.m. and 10.30 p.m., as may be fixed by the Minister by order.

(3) An order under this section shall be published in the Iris Oifigiúil as soon as may be after it is made.

Annotations:

Modifications (not altering text):

C14

Application of section restricted (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(4), commenced as per s. 28(5).

Elections to local authorities in 2014

28. ...

(4) Nothing in section 26 of the Principal Act shall be read as enabling the holding of an election for members of—

(a) a town council, or

(b) a local authority that is to be dissolved on the 2014 establishment day,

but this subsection is without prejudice to filling, in accordance with section 19 of the Principal Act, a casual vacancy that occurs before the transfer date or the 2014 establishment day, as appropriate.

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

Conduct of elections.

27

27.—(1)( a) Local elections shall be held in accordance with regulations made by the Minister under this section.

( b) If an election is contested, the poll shall be taken according to the system of proportional representation, each local government elector having one transferable vote.

( c) In this subsection “transferable vote” has the meaning given to it by section 37 of the Electoral Act, 1992 .

(2) Without prejudice to the generality of subsection (1), regulations under this section may in particular include provision for all or any of the following matters in relation to local elections:

( a) nominations;

( b) deposits by candidates;

( c) deaths of candidates;

( d) duties of returning officers;

( e) staff of returning officers;

( f) taking of polls and counting of votes;

( g) use, free of charge, of schools and public rooms;

( h) arrangements for postal voting;

( i) arrangements for special voting;

( j) voting by persons in the employment of returning officers;

( k) voting by physically ill or physically disabled local government electors;

( l) polling on islands;

( m) issue of polling information cards;

( n) maintenance of secrecy of voting;

( o) removal of persons misconducting themselves in polling stations;

( p) procedure in cases of disorder or obstruction;

( q) interference with ballot boxes or ballot papers;

F40 [ ( r ) election of the same person in more than one local electoral area or to more than one local authority; ]

( s) casual vacancies that occur in the circumstances specified in paragraph (r), or occuring in other specified circumstances related to local elections;

( t) the manner in which the costs of local elections are to be paid by local authorities;

( u) provisions corresponding to sections 60, 105, 134 to 154, 156 to 160 and 163 of the Electoral Act, 1992, with such modifications as appear to the Minister to be appropriate.

(3) Where a provision of regulations under this section corresponds to a provision of the Electoral Act, 1992, which declares a matter to be an electoral offence, the regulations may provide for a corresponding offence in relation to local elections and lay down a penalty for it which does not exceed the relevant penalty specified in section 157 of that Act.

(4) Regulations made under section 22 of the Local Government Act, 1994 , and in force at the commencement of this provision shall continue in force and have effect as if made under this section and may be amended or revoked accordingly.

(5) Where regulations under this section are proposed to be made, a draft of them shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

(6) No local election is invalid by reason of non-compliance with any regulations under this section, or any mistake in the use of forms provided for or by any such regulations, if it appears to the court before which the matter is raised:

( a) that the election was conducted in accordance with the principles laid down in the regulations under this section taken as a whole, and

( b) that the non-compliance or mistake did not materially affect the result of the election.

(7) Regulations under this section apply to a new election under Part 21.

(8) Where regulations under this section provide for the issue of polling information cards by a local authority, a decision to issue them is a reserved function.

Annotations:

Amendments:

F40

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 33, S.I. No. 214 of 2014.

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

28

28.F41 [ (1) In this section the chief executive means

( a ) in relation to any part of a polling district situated in a city, the chief executive for the city,

( b ) in relation to any part of a polling district situated in a county, the chief executive for the county,

( c ) in relation to any part of a polling district situated in a city and county, the chief executive for the city and county. ]

(2) This section applies where after—

F41 [ ( a ) the alteration of the boundary of a local authority, or ]

( b) the making of an order under section 23

F41 [ (i) dividing a county, city or city and county into local electoral areas, or ]

(ii) amending or modifying any division made by such an order,

a polling district existing immediately before the alteration or revision or amendment or modification of such division, as the case may be, is not wholly situated within the area of a local authority or of a local electoral area, as the case may be.

(3) Where subsection (2) applies, the F41 [ chief executive ] of the relevant local authority shall, for each part of the polling district situated within the area of the local authority—

( a) join it or parts of it with any adjoining polling district or districts within that area, or

( b) constitute it as a polling district and appoint a polling place for it.

(4) An arrangement made under subsection (3) has effect until, and only until, the first scheme under section 28 of the Electoral Act, 1992 , in relation to the F41 [ county, city or city and county ] in which the part concerned of the polling district is situated comes into operation after the making of the arrangement.

(5) An arrangement made under subsection (3) shall, as soon as practicable, be notified to the Minister by the F41 [ chief executive ].

(6) In respect of a part of a polling district referred to in subsection (3) , the F41 [ chief executive ] shall make such alterations in relation to the part of the register of electors in force as may be necessary to secure that the part of the register concerned shall be in conformity with the arrangement made under that subsection and may conveniently be used for the purposes of taking a poll.

Annotations:

Amendments:

F41

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 34-40, S.I. No. 214 of 2014.

Consequential appointments to certain other bodies.

29

29.—(1) The year 2004, and every year after 2004 which is a year in which local elections are held, is an election year for the purposes of the Harbours Act, 1946.

(2) F42 [ ]

(3)( a) The appointments made under section 10 of the School Attendance Act, 1926 , which first occur after the commencement of this subsection shall be made in the year 2004 and shall be regarded as quinquennial appointments.

( b) Nothing in paragraph (a) operates to prejudice the power of any person, conferred by or under section 10 of the School Attendance Act, 1926 , to appoint persons to fill casual vacancies among the membership of a school attendance committee.

Annotations:

Amendments:

F42

Repealed (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 4 and sch. 1, part 1 item 14, S.I. No. 211 of 2013.

Savers (Part 4).

30

30.F43 [ ]

Annotations:

Amendments:

F43

Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 41, S.I. No. 214 of 2014.

PART 5

Cathaoirleach and Leas-Chathaoirleach

Chapter 1

General

Cathaoirleach and Leas-Chathaoirleach.

31

31.—(1) Subject to this Part each local authority F44 [ and the municipal district members ] shall have a chairperson and vice-chairperson who shall be elected and hold office in accordance with this Part and who in this Act are referred to as “Cathaoirleach” and “Leas-Chathaoirleach”, respectively, and shall be so known except where the provisions of section 32 apply.

F45 [ (2) The holders of the offices of Cathaoirleach and Leas-Chathaoirleach shall as appropriate be styled

( a ) in the case of a county council, in the Irish language Cathaoirleach Chontae....... and Leas-Chathaoirleach Chontae....... followed by the name of the county in Irish, and in the English language Cathaoirleach of the County of....... and Leas-Chathaoirleach of the County of....... followed by the name of the county in English,

( b ) in the case of a city council, in the Irish language Cathaoirleach Chathair....... and Leas-Chathaoirleach Chathair....... followed by the name of the city in Irish, and in the English language Cathaoirleach of the City of....... and Leas-Chathaoirleach of the City of....... followed by the name of the city in English,

( c ) in the case of a city and county council, in the Irish language Cathaoirleach Chathair agus Chontae....... and Leas-Chathaoirleach Chathair agus Chontae....... followed by the name of the city and county in Irish, and in the English language Cathaoirleach of the City and County of....... and Leas-Chathaoirleach of the City and County of....... followed by the name of the city and county in English,

( d ) in the case of a municipal district whose area contains the area of a city council dissolved by the Local Government Reform Act 2014, in the Irish language Cathaoirleach Cheantar Cathrach....... and Leas-Chathaoirleach Cheantar Cathrach....... followed by the name of the municipal district in Irish, and in the English language Cathaoirleach of the Metropolitan District of....... and Leas-Chathaoirleach of the Metropolitan District of....... followed by the name of the municipal district in English,

( e ) in the case of a municipal district whose area contains the area of a borough council in being (other than in respect of the borough of Kilkenny) immediately before the transfer date as provided for by the Local Government Reform Act 2014, in the Irish language Cathaoirleach Cheantar Buirge....... and Leas-Chathaoirleach Cheantar Buirge....... followed by the name of the municipal district in Irish, and in the English language Cathaoirleach of the Borough District of....... and Leas-Chathaoirleach of the Borough District of....... followed by the name of the municipal district in English,

( f ) in the case of a municipal district whose area contains the area of the borough of Kilkenny in being immediately before the transfer date as provided for by the Local Government Reform Act 2014, in the Irish language Cathaoirleach Cheantar Bardasach Chathair Chill Chainnigh and Leas-Chathaoirleach Cheantar Bardasach Chathair Chill Chainnigh and in the English language Cathaoirleach of the Municipal District of Kilkenny City and Leas-Chathaoirleach of the Municipal District of Kilkenny City ,

( g ) in the case of a municipal district to which paragraph (d), (e) or (f) does not apply, in the Irish language Cathaoirleach Cheantar Bardasach....... and Leas-Chathaoirleach Cheantar Bardasach....... followed by the name of the municipal district in Irish, and in the English language Cathaoirleach of the Municipal District of....... and Leas-Chathaoirleach of the Municipal District of....... followed by the name of the municipal district in English. ]

(3) Any reference in any other enactment to the lord mayor, mayor, chairman, deputy lord mayor, deputy mayor or vice-chairman or cognate words shall, where the context so requires, be read as a reference to the Cathaoirleach or Leas-Chathaoirleach or other title standing for the time being by virtue of section 32 , as the case may be.

F45 [ (4)( a ) The Cathaoirleach of a local authority shall take precedence at all meetings of the local authority.

( b ) The Cathaoirleach of a municipal district shall take precedence at all meetings and proceedings of the municipal district members.

(5) Anything authorised or required by this Act or otherwise by law to be done by, to or with the Cathaoirleach may where necessary be done by, to or with the Leas-Chathaoirleach of the local authority or the Leas-Chathaoirleach of the municipal district, as the case may be.

(6) The Cathaoirleach may, where the Leas-Chathaoirleach is unavailable, nominate from among the other members of the local authority or the municipal district members, as the case may be, a member for the purpose of representing the Cathaoirleach at any ceremony or event in that capacity and that member shall be entitled to act in that capacity for such purpose.

(7) Where a casual vacancy occurs in the office of Cathaoirleach of a local authority or of a municipal district, as the case may be, the Leas-Chathaoirleach shall assume the responsibilities of the office pending the election in accordance with this Part of a Cathaoirleach. ]

(8) A person holding the office of Cathaoirleach or Leas-Chathaoirleach on the commencement of this provision shall continue to hold that office in accordance with this Part.

(9) Subject to this Act, an outgoing Cathaoirleach or Leas-Chathaoirleach shall be eligible for re-election.

(10) F46 [ ]

(11) Section 34 shall apply to a Cathaoirleach or Leas-Chathaoirleach elected in 2004 in accordance with F46 [ ] this Part and thereafter.

Annotations:

Amendments:

F44

Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 42, S.I. No. 214 of 2014.

F45

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 43-44, S.I. No. 214 of 2014.

F46

Deleted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.

Modifications (not altering text):

C15

Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 7(1), in effect as per reg. 3.

Other matter relating to the Cathaoirleach and Leas-Chathaoirleach.

7. (1) The provisions of subsections (4) to (7), (9) and (11) of section 31 of the Act shall apply to the Cathaoirleach and Leas-Chathaoirleach of a municipal district:—

( a) as if, in subsection (4), the references to “local authority” and “elected council” were a reference to “municipal district members”,

( b) as if, in subsections (5) and (6), the references to “local authority” were references to “municipal district members”, and

( c) as if, in subsection (7), the reference to “a local authority” were a reference to “municipal district members”.

...

Alternative titles to Cathaoirleach and Leas-Chathaoirleach, etc.

32

F47 [ 32 . (1) Where prior to the commencement of section 31

(a) Cork City Council or Dublin City Council used the title Lord Mayor or Deputy Lord Mayor , or

(b) Galway City Council used the title Mayor or Deputy Mayor ,

to describe its office of Cathaoirleach or Leas-Chathaoirleach as the case may be, it shall continue to so use such title or titles notwithstanding the provisions of section 31.

(1A) Where

(a) immediately before the 2014 establishment day (provided for in Part 2 of the Local Government Reform Act 2014) Limerick City Council or Waterford City Council used the title Mayor or Deputy Mayor , to describe its office of Cathaoirleach or Leas- Chathaoirleach, as the case may be, then, if a municipal district containing the area of the former city council is determined by order under section 23(1)(c), the municipal district members (being the municipal district members for a metropolitan district by virtue of section 22A(2)(a)) may use such title or titles notwithstanding the provisions of section 31 (as amended by that Act),

(b) immediately before the transfer date (provided for in Chapter 2 of Part 3 of the Local Government Reform Act 2014) a borough council referred to in Chapter 1 of Part 1 of Schedule 6 used the title Mayor or Deputy Mayor , to describe its office of Cathaoirleach or Leas-Chathaoirleach, as the case may be, then, if a municipal district containing the area of the former borough council is determined by order under section 23(1)(c), the municipal district members (being the municipal district members for a borough district by virtue of section 22A(2)(b) or for the municipal district of Kilkenny City by virtue of section 22A(2) (c) ) may use such title or titles notwithstanding the provisions of section 31 (as amended by that Act), and

(c) a municipal district contains the area of a town (including all the environs of the town for the purposes of the census of population concerned) the population of which, when rounded to the nearest 1,000 as shown in the latest census report of the Central Statistics Office, is equal to or greater than 20,000, then the municipal district members for such district may decide by resolution to use the title Mayor or Deputy Mayor , to describe its office of Cathaoirleach or Leas-Chathaoirleach notwithstanding the provisions of section 31 (as amended by the Local Government Reform Act 2014).

(2) A local authority or the municipal district members, to which subsection (1) or (1A) (respectively) relates, may by resolution give the title Cathaoirleach or Leas-Chathaoirleach to the Lord Mayor or Deputy Lord Mayor, Mayor or Deputy Mayor, as the case may be, and in that case shall be styled in accordance with section 31.

(3) Where titles are continued in accordance with subsection (1) or (1A), the holders of the offices concerned shall, as appropriate, be styled

(a) in the case of Cork City Council, in the Irish language Ard-Mh é ara Chathair Chorca í and Leas-Ardmh é ara Chathair Chorca í , and in the English language Lord Mayor of the City of Cork and Deputy Lord Mayor of the City of Cork ,

(b) in the case of Dublin City Council, in the Irish language Ard- Mh é ara Chathair Bhaile Á tha Cliath and Leas-Ardmh é ara Chathair Bhaile Á tha Cliath , and in the English language Lord Mayor of the City of Dublin and Deputy Lord Mayor of the City of Dublin ,

(c) in the case of Galway City Council, in the Irish language M é ara Chathair na Gaillimhe and Leas-Mh é ara Chathair na Gaillimhe , and in the English language Mayor of the City of Galway and Deputy Mayor of the City of Galway ,

(d) in the case of a municipal district to which subsection (1A) relates, in the Irish language M é ara....... and Leas-Mh é ara....... followed by the name of the municipal district in Irish, and in the English language Mayor of....... and Deputy Mayor of........ followed by the name of the municipal district in English in accordance with subsections (2) and (3) of section 22A.

(4) Notwithstanding section 31 a local authority which is a city and county council may, subject to Schedule 8, give an alternative title to its Cathaoirleach or Leas-Chathaoirleach or revert to the title or titles of Cathaoirleach or Leas-Chathaoirleach as the case may be. ]

Annotations:

Amendments:

F47

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 37(1), S.I. No. 214 of 2014.

Resignation of Cathaoirleach or Leas-Chathaoirleach.

33

33.F48 [ (1) The Cathaoirleach or Leas-Chathaoirleach may resign from that office by notice in writing signed by him or her and delivered to the principal offices of the local authority which, in the case of a municipal district, is the principal offices of the local authority concerned. ]

(2) The vacancy caused by a resignation under subsection (1) shall occur on the date specified in the notice as the resignation date or, where no such date is specified, on receipt of such notice.

Annotations:

Amendments:

F48

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 45, S.I. No. 214 of 2014.

Removal of Cathaoirleach or Leas-Chathaoirleach from office.

34

34.F49 [ (1) Subject to this section, a local authority may by resolution remove from office the Cathaoirleach or Leas-Chathaoirleach of such local authority for stated misbehaviour or if his or her removal appears to it to be necessary for the effective performance by the local authority of its functions and such removal may also be for those reasons arising from the performance of his or her duties as chair of the corporate policy group.

(1A) Subject to this section, a local authority may by resolution remove from office the chairperson of any strategic policy committee of such local authority for stated misbehaviour or if his or her removal appears to them to be necessary for the effective performance by the local authority of its functions or by the committee of its functions. ]

(2) Notice of the intention to propose a resolution under this section (in this section referred to as a “notice”) shall—

( a) be signed by at least one-third of the total number of members of the local authority concerned,

( b) contain a statement of the reasons for the proposed removal,

( c) specify a day for the holding of a special meeting to consider the proposed removal, being a day which is not less than 21 days after the day on which the notice is delivered under paragraph (d),

( d) be delivered to the meetings administrator, and

F50 [ ( e ) be delivered or sent to the Cathaoirleach, Leas-Chathaoirleach or chairperson of the strategic policy committee concerned. ]

(3) The meetings administrator shall on receipt of a notice and without delay send a copy of it to every member of the local authority and convene a special meeting for the date so specified to consider the proposed removal.

(4) ( a) Such special meeting shall be chaired by a member of the local authority, other than the person the subject of the notice, chosen by the members present at the meeting.

( b) The person the subject of the notice shall at such meeting be afforded an opportunity to make a statement of response in relation to the proposed removal.

F50 [ (5) It is necessary for the passing of a resolution under this section that the number of members of the local authority concerned voting in favour of the resolution is at least two-thirds of those present and voting. ]

Annotations:

Amendments:

F49

Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 38(a), S.I. No. 214 of 2014.

F50

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 38(b), (c), S.I. No. 214 of 2014.

Modifications (not altering text):

C16

Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 5, in effect as per reg. 3.

Removal of Cathaoirleach or Leas-Chathaoirleach from office.

5. The provisions of section 34 of the Act shall apply to the removal from office of a Cathaoirleach and Leas-Chathaoirleach of municipal district members as if:—

( a) in subsection (1), the references:—

(i) to “a local authority” and “such local authority” were a reference to “municipal district members”, and

(ii) to “the effective performance by the local authority of its functions” were a reference to “the effective performance by the municipal district members of their functions”,

( b) in subsection (2)( a), the reference to “the total number of members of the local authority concerned” were a reference to “the total number of municipal district members concerned”,

( c) in subsection (3), the reference to “every member of the local authority” were a reference to “every municipal district member”,

( d) in subsection (4), the reference to “chaired by a member of the local authority” were a reference to “chaired by a municipal district member”, and

( e) in subsection (5), the reference to “the total number of members of the local authority concerned” were a reference to “the total number of municipal district members concerned”.

Editorial Notes:

E148

Power pursuant to section exercised (1.01.2004) by Athlone Town Boundary Alteration (Supplementary) Order 2003 (S.I. No. 705 of 2003).

Chapter 2

Election by Local Authority

Application of Chapter 2.

35

35.F51 [ ]

Annotations:

Amendments:

F51

Repealed (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(a), commenced on enactment.

35A

F52 [ Application of Chapter to municipal district members.

35A . This Chapter applies to municipal district members as if every reference in the other provisions of this Chapter to a local authority or to a member of a local authority were, respectively, a reference to the municipal district members or to a member of a municipal district. ]

Annotations:

Amendments:

F52

Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 39, S.I. No. 214 of 2014.

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

36

36.—(1) ( a) Subject to paragraph (c), a local authority shall elect a Cathaoirleach and Leas-Chathaoirleach from amongst its members at every annual meeting.

( b) The election of a Cathaoirleach shall be carried out in accordance with section 37 .

( c) A member of a local authority who is a member of Dáil Éireann or Seanad Éireann shall be disqualified from being elected or from being a Cathaoirleach or Leas-Chathaoirleach of a local authority.

F53 [ ( d ) On the commencement of section 2 of the Local Government (No. 2) Act 2003, paragraph ( c ) shall cease to apply and have effect. ]

(2) ( a) Subject to subsection (3), a member who holds the office of Cathaoirleach or Leas-Chathaoirleach shall hold that office (unless he or she becomes disqualified under subsection (1)(c) , resigns under section 33 or is removed from office under section 34 ) from election until a successor is elected at the next annual meeting of the local authority after that member’s election to that office.

( b) In a year in which local elections are to be held under section 26 and notwithstanding subsection (3), subsection (4) shall apply in respect of a Cathaoirleach.

(3) Except as is provided for in subsection (4), the Cathaoirleach or Leas-Chathaoirleach of a local authority shall, upon ceasing to be a member of the authority, cease to be Cathaoirleach or Leas-Chathaoirleach of that authority.

(4) Following a local election the Cathaoirleach shall continue to hold office for the period between the retirement of the outgoing members and the commencement of the annual meeting at which the successor is elected unless he or she sooner dies or resigns from the office or becomes disqualified for local authority membership.

Annotations:

Amendments:

F53

Inserted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.

Modifications (not altering text):

C17

Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 6(1), in effect as per reg. 3.

Annual election of Cathaoirleach or Leas-Chathaoirleach.

6. (1) The provisions of section 36 of the Act shall apply to the annual election of a Cathaoirleach and Leas-Chathaoirleach of municipal district members:—

( a) as if, in subsection (1)( a):—

(i) the reference to “a local authority” were a reference to “municipal district members”, and

(ii) the reference to “its members” were a reference to “their members”,

( b) as if, in subsection (2), the reference to “the local authority” were a reference to “the municipal district members”,

( c) as if, in subsection (3):—

(i) the reference to “a local authority” were a reference to “municipal district members”,

(ii) the reference to “ceasing to be a member of the authority” were a reference to “ceasing to be a municipal district member for the municipal district concerned”, and

(iii) the reference to “that authority” were a reference to “of those municipal district members”.

Method of election of Cathaoirleach by local authority.

37

37.—Subject to paragraph 4 of Schedule 10, the following provisions shall apply and have effect in respect of the election of a Cathaoirleach by the members of a local authority:

( a) one or more than one member may be proposed and seconded for nomination and every person so proposed and seconded who does not reject the nomination shall be a candidate and no other person shall be a candidate otherwise than in accordance with this provision;

( b) where there is only one candidate, such candidate shall be elected;

( c) where there are more than 2 candidates, a poll shall be taken;

( d) if at such poll a majority of the members present vote for any particular candidate, such candidate shall be elected;

( e) if at such poll no candidate receives the votes of a majority of the members present, the candidate receiving the least number of votes shall be excluded from the election, and, subject to paragraph (g), one or more further polls (according as may be necessary) shall be taken;

( f) paragraphs (d) and (e) shall apply in relation to such further poll or polls;

( g) where there are only 2 candidates or where, as a result of one or more polls all the candidates except 2 have been excluded, the question as to which of such candidates shall be elected shall be put to the members present and whichever of such candidates receives the majority of votes cast shall be elected;

( h) if from an equality of votes given to 2 or more candidates any question arises as to which of such candidates is to be excluded or as to which of such candidates is to be elected, such question shall be decided by lot in accordance with paragraph (i);

( i) in deciding any such question by lot, the names of the candidates concerned shall be written on similar slips of paper, the slips shall be folded so as to prevent identification and mixed and drawn at random, and the candidate whose name is first drawn shall be—

(I) the candidate who shall be excluded, where the question concerns an exclusion, or

(II) the candidate who shall be elected, where the question concerns an election.

Annotations:

Modifications (not altering text):

C18

Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 6(2), in effect as per reg. 3.

Annual election of Cathaoirleach or Leas-Chathaoirleach.

6. ...

(2) The provisions of section 37 of the Act shall apply to the method of election of a Cathaoirleach as if the reference to “the members of a local authority” were a reference to “municipal district members”.

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

38

38.—(1) Where a casual vacancy occurs in the office of Cathaoirleach or Leas-Chathaoirleach of a local authority the members of the authority—

( a) present at the next meeting of the authority after the occurrence of the vacancy, or

( b) if that meeting is held within 14 days of the occurrence of the vacancy, present at the next following meeting of the authority,

shall elect one of their number to be Cathaoirleach or Leas-Chathaoirleach, as the case may be.

(2) Section 37 shall apply in relation to the election of a member to fill a casual vacancy in the office of Cathaoirleach.

(3) A person elected to fill a casual vacancy in the office of Cathaoirleach or Leas-Chathaoirleach shall be elected for the remainder of the term of office of his or her predecessor.

(4) Not less than 3 clear days’ notice shall be given to each member of the local authority of a meeting to fill a casual vacancy under this section.

Annotations:

Modifications (not altering text):

C19

Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 7(2) and (3), in effect as per reg. 3.

Other matter relating to the Cathaoirleach and Leas-Chathaoirleach.

7. ...

(2) The provisions of section 38 of the Act shall apply to the election of a Cathaoirleach and Leas-Chathaoirleach of a municipal district where a casual vacancy has occurred in such office as if:—

( a) the reference in subsection (1) to “a local authority the members of the authority” were a reference to “municipal district members, the members”,

( b) the references in paragraphs ( a) and ( b) of subsection (1) to “the authority” were references to “municipal district members”, and

( c) the reference in subsection (4) to “member of the local authority” were a reference to “municipal district member”.

(3) The provisions of section 38 of the Act shall apply in relation to the election of a municipal district member to fill a casual vacancy in the office of Cathaoirleach as if the reference to “local authority” were a reference to “municipal district members”.

Chapter 3

Direct Election

Application of Chapter 3.

39

39.F54 [ ]

Annotations:

Amendments:

F54

Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment.

Direct election and tenure of Cathaoirleach of county council and city council.

40

40.F55 [ ]

Annotations:

Amendments:

F55

Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment.

Casual vacancy in office of Cathaoirleach of county council or city council.

41

41.F56 [ ]

Annotations:

Amendments:

F56

Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment.

Amendments to certain Acts, relating to direct elections, etc.

42

42.F57 [ ]

Annotations:

Amendments:

F57

Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment.

Election petitions in relation to direct elections.

43

43.F58 [ ]

Annotations:

Amendments:

F58

Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment.

PART 6

Meetings and Proceedings of Local Authorities

Application ( Part 6 ).

44

44.—(1) This Part and Schedule 10 apply and have effect in relation to the meetings and proceedings of local authorities and to connected matters.

(2) Meetings of a local authority or a joint body may be held in Irish or in English or in both languages.

(3) In respect of meetings and proceedings of joint bodies, the Minister may by regulations under this subsection—

( a) make provisions corresponding to those provided for local authorities under this Part and Schedule 10,

( b) apply this Part or Schedule 10, with any necessary modification or adaptation,

and any such provisions apply and have effect in relation to such meetings and proceedings.

(4)( a) Subject to paragraph (b), any provision provided for by or under statute relating to meetings and proceedings of a joint body to which that paragraph relates, and in force immediately before the commencement of this provision, continues in operation until it ceases to have effect under paragraph (b).

( b) On the commencement of regulations under subsection (3), the matters with respect to which the regulations were made are governed by those regulations, and any previous provisions (whether made by or under statute) as may be specified in those regulations relating to those matters cease to have effect as respects the body mentioned in the regulations to such extent as may be so specified.

Annotations:

Modifications (not altering text):

C20

Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 8(1), in effect as per reg. 3.

Meetings and proceedings.

8. (1) The provisions of section 44 of the Act shall apply and have effect in relation to the meetings and proceedings of municipal district members and connected matters:—

( a) as if the references to “local authority” and “local authorities” were references to “municipal district members”, and

( d) with the exclusion of “or a joint body” in subsection (2) and

( e) as if subsections (3) and (4) were deleted.

...

Attendance of public and media at meetings.

45

45.—(1) I