Local Government Act 2001

Community fund.

109

109.—(1) In this section “community initiative” means any project or programme which in the opinion of the local authority will benefit the local community and includes the provision or improvement of amenity, recreational, cultural or heritage facilities, the protection or enhancement of the environment and programmes to promote social inclusion and community development.

(2) A local authority may by resolution establish a fund (in this section referred to as a “community fund”) for the purposes of supporting community initiatives and may accept contributions to such fund by any voluntary, business or community group, other local authority or public authority or other person and may itself make contributions to such fund.

(3) A community fund shall be separate from the local fund.

(4) (a) The accounts of a community fund shall be accounted for separately and be part of the records and the accounts of the local authority or local authorities which established the fund.

(b) The accounts of a community fund shall contain separate records for contributions in respect of particular community initiatives as the local authority which established it may consider appropriate.

(5) A local authority may enter into an agreement with any person making contributions to the fund as regards the application of money towards a particular community initiative.

(6) A local authority may undertake itself or assist any other person in such fund-raising activities as it considers appropriate for the purposes of a community initiative.

(7) A community fund may be established jointly by resolution of 2 or more local authorities subject to such arrangements as may be agreed by the authorities concerned.

(8) The functions conferred on a local authority by this section or by section 110 shall—

(a) be subject to the exclusion of such matters, and

(b) be exercisable subject to such terms and conditions,

as the Minister may, with the consent of the Minister for Finance, prescribe by regulations.

Annotations

Modifications (not altering text):

C37

Functions transferred and references to “Department of Finance” and “Minister for Finance” in subs. (8) construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 37 of 2001

Local Government Act 2001

Sections 66(7), 81(6), 92(2), 109(8), 169(1)(a), 212(3) and 231(1)

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