Local Government Act 2001

F244 [ Changing of placename.

189

189. (1) A F245 [ local council ] may, in relation to a place situated within its functional area, by resolution passed by not less than half of the members standing elected or coopted for the time being to that F245 [ local council ] adopt a proposal to substitute a new placename (in this section referred to as the proposed new placename ) for the then existing placename in respect of that place.

(2) The boundary of the place to which a proposal adopted under subsection (1) applies shall be described in that proposal whether by reference to a map or otherwise.

(3) A proposal adopted under subsection (1) shall specify the proposed new placename in the Irish language only or in both the Irish language and the English language.

(4) Where a F245 [ local council ] adopts a proposal under subsection (1) it shall

( a ) notify such persons, or persons belonging to such class of person, as may be prescribed by regulations made by the Minister of the adoption of the proposal, and

( b ) publish a public notice of the proposal inviting submissions in writing from members of the public in relation thereto not later than 2 months from the date of the publication of the notice.

(5) A person who receives a notification under paragraph (a) of subsection (4) shall be entitled to make submissions in writing to the F245 [ local council ] that gave the notification in relation to the proposal concerned not later than 2 months from the date of the notification.

(6) A F245 [ local council ] shall consider any submissions received by it in accordance with a notification under paragraph (a) of subsection (4) or a notice under paragraph (b) of that subsection.

(7) After considering any submissions referred to in subsection (6) , a F245 [ local council ] may, by resolution passed by not less than half of the members standing elected or coopted for the time being to that F245 [ local council ] decide

( a ) to hold a ballot of the qualified electors registered in the place to which the proposed new placename applies in respect of the proposed new placename or such alternative to the proposed new placename as it considers appropriate, or

( b ) not to proceed with the proposal to change the placename of the place concerned.

(8) A ballot to which subsection (7) applies shall be in secret and shall be conducted in accordance with regulations made by the Minister.

(9)( a ) Subject to subsection (3) of section 192 , if a majority of the votes cast at a ballot held pursuant to a decision under subsection (7) is in favour of the proposed new placename concerned the Cathaoirleach of the F245 [ local council ] concerned shall make a declaration stating that, from such date (determined in accordance with paragraph (b) ) as is specified in the declaration, that proposed new placename shall become and be the placename in respect of the place concerned.

( b ) Where the Cathaoirleach of a F245 [ local council ] makes a declaration under this subsection, the placename specified in the declaration shall

(i) if the declaration is made not less than 3 months before the 1st day of January next following the declaration, become and be the placename in respect of the place concerned from the said 1st day of January, or

(ii) in any other case, become and be the placename in respect of the place concerned from the first anniversary of the said 1st day of January.

( c ) Every declaration under this subsection shall be published in such manner as may be prescribed by regulations made by the Minister and shall be notified in writing to such persons, or persons belonging to such class of person, as may be so prescribed.

( d ) Every declaration under this subsection shall be published in Iris Oifigi ú il , as soon as may be after its making.

(10) This section shall not apply to the townland, civil parish, non-municipal town or electoral division referred to in section 191 . ]

F246 [ (11) In this section local council , in relation to a local authority, means the local authority or the municipal district members in respect of each municipal district within the area of such local authority. ]