Local Government Act 2001

PART 20

Public Local Inquiries

Power to hold public local inquiries.

212

212.—(1) The Minister may cause such public local inquiries to be held as he or she may consider necessary or desirable—

( a) for the purposes of section 216(1)(a) or the functions conferred on him or her or by any other enactment, or

( b) in relation to the performance of the functions of any local authority.

(2) A public local inquiry under subsection (1) shall be conducted by a person (in this Part referred to as an “inspector”) appointed for that purpose by the Minister who shall, without prejudice to any specific requirements in the enactments referred to in subsection (1), prepare a report of the inquiry and submit it to the Minister.

(3) For the purposes of a public local inquiry provided for by this section—

( a) the Minister may, with the approval of the Minister for Finance, engage one or more persons having qualifications which, in the opinion of the Minister are relevant to the conduct of the inquiry and for the purposes of this Part such person or persons is deemed to be an inspector or inspectors, as the case may be, and

( b) the Minister may pay to a person engaged under this subsection such remuneration and allowances as the Minister with the consent of the Minister for Finance, determines.

(4) The Minister may make regulations in relation to the conduct of a public local inquiry, the procedures at such an inquiry and the replacement of an inspector appointed to conduct an inquiry who dies, retires, resigns or is otherwise not available.

Annotations:

Modifications (not altering text):

C47

Functions transferred and references to “Department of Finance” and “Minister for Finance” in subs. (3) 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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