Local Government Act 2001

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.