Local Government Act 2001

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

11

11.F16[(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) F17[]

(5) F16[(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.

F16[(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 F16[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 F18[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, F16[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.

F19[(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, F18[chief executives 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.

F19[(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 F16[or Part 21].

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

Annotations

Amendments:

F16

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.

F17

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.

F18

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.

F19

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):

C15

Section applied with modifications (14.06.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 5 and sch. 3 ref. no. 2, S.I. No. 285 of 2024, subject to transitional provisions in s. 4.

Application of Principal Act to Limerick

5. The Principal Act shall apply to—

(a) Limerick, and

(b) Limerick City and County Council,

subject to the modifications specified in Schedule 3 and any other necessary modifications.

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SCHEDULE 3

APPLICATION OF PRINCIPAL ACT TO LIMERICK

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Reference Number

(1)

Provision

(2)

Extent of Modification

(3)

...

...

...

2

Section 11

Section shall apply as if “, together with the Mayor of Limerick in the case of Limerick City and County Council,” were inserted after “collectively shall” in paragraph (a) of subsection (5).

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C16

Functions transferred and references construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 23, 25, 26 and sch. 1 parts 1, 2, S.I. No. 207 of 2024, subject to transitional provisions in s. 4.

Functions of Príomh Chomhairleoir

23.  (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.

(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.

(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

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Functions of Leas-Phríomh Chomhairleoir

25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

Director general

26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.

(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).

(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.

(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

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SCHEDULE 1

PART 1

Enactments for Purposes of Sections 10 and 23

Number and Year

(1)

Provision

(2)

Extent of Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14.

PART 2

Enactments for Purposes of Sections 10 and 26

Number and Year

(1)

Short Title

(2)

Provision

(3)

...

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No. 37 of 2001

Local Government Act 2001

Sections 11(8), 28, 46, 52(5)(d) and (9), 81, 86, 97, 98, 99, 104, 107, 108, 109(5) and (6), 110(6), (9) and (10), 112, 120, 121, 122, 126D(7), 126E(1), 128A, 128D, 128E(2), 129I(5), 129M, 129N, 129O, 129P, 129Q, 129R, 129T, 132, 138, 140, 144(3)(a) and (8), 145, 146, 147, 148, 149, 149A, 151, 152, 153, 158, 160(3) and (4), 166, 167(1)(c), 173(1), 174(8), 178(1), (2), (4) and (5), 179, 180(4)(b) and (c), 211B, 211C, 211D, 211E and 211F, 214(3), (4) and (5), 229; paragraphs 13(6) and 15(4) of Schedule 10.

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C17

Application of subs. (6) restricted (21.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 133(3), S.I. No. 662 of 2020.

Prescribing competent authority for purposes of Regulations of 2013

133. ...

(3) Where a competent authority prescribed by the Minister is a local authority, then notwithstanding section 11 (6) of the Local Government Act 2001, the competent authority shall have jurisdiction throughout the administrative areas of all local authorities for the purposes of carrying out its functions with respect to market surveillance under the Regulations of 2013.

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C18

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,

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