Local Government Act 2001

Local authority associations.

225

225.—(1) In this section “association of local authorities” means, the General Council of County Councils and the Association of Municipal Authorities of Ireland or any other body which may be established in place of either or both of those bodies, the membership of such association being constituted by local authorities and the general function of such association being to represent the collective interests of the local authorities which constitute its membership (in this section referred to as “constituent authorities”).

(2) A local authority may hold membership of an association of local authorities.

(3) An association of local authorities may carry out such activities as are necessary to represent the collective interests of the local authorities which constitute its membership, including—

( a) the undertaking of research and other studies,

( b) the promotion of education and training,

F272 [ ( c ) the provision of policy support and other assistance to its constituent authorities as regards any matter relating to or that may relate to local government,

( d ) the assessment of public policy as regards any matter relating to or that may relate to local government, and

( e ) the provision of advice and the making of submissions to the Minister or other public authorities as regards such matters. ]

F273 [ (3A)( a ) Where an association of local authorities or, in the event that there is a single association, such association requests a meeting with the Minister in relation to activities under subsection (3), the Minister shall meet a delegation from the association, or hold a meeting to which paragraph (b) applies, at least once in every year.

( b ) Where there is more than one association of local authorities in being at the time of a request or requests for a meeting with the Minister under this subsection is or are received, the Minister may require the meeting for the purposes of paragraph (a) to be a meeting with a joint delegation from those associations. ]

(4) An association of local authorities shall operate in accordance with its constitution or other procedural rules (by whatever name called).

(5) Without prejudice to any other provisions which may be included in the procedural rules of an association of local authorities, such rules shall set out the general functions and objectives of the association and provide for—

( a) the adoption by the association of annual estimates of expenditure and income,

( b) the keeping of all proper and sufficient accounts of all moneys received or spent by it and of its assets and liabilities,

( c) the audit of such accounts,

( d) the adoption of an annual report on the performance of its functions, and

( e) such other matters as are necessary to give effect to its function of representing the collective interests of its constituent authorities and to give effect to the matters set out in subsection (6).

(6) Where a local authority holds membership of an association of local authorities, the following provisions apply:

( a) the local authority may elect such number of delegates to the association as may be specified in the procedural rules of that association;

( b) the local authority may make annual contributions to the funds of the association;

( c) the association may make payments to its delegates for expenses incurred in respect of travel and subsistence related to the business of the association on the basis set out in its procedural rules;

( d) the association shall provide the local authority with a copy of its procedural rules and shall consult the local authority regarding any proposed changes to those rules;

( e) the association shall provide the local authority and the Minister with—

(i) a copy of its draft estimates,

(ii) a copy of the estimates when adopted,

(iii) a copy of the audited accounts, annual report, and

(iv) such other reports or statements of the association as it may consider appropriate;

( f) the annual estimates shall set out the principal categories of expenditure and income and shall indicate how these relate to the association’s estimated financial requirements for the relevant period;

( g) the local authority and the association shall comply with such general directions as may be issued by the Minister in relation to—

(i) the form and categories in which income and expenditure under this section is shown in estimates and accounts, and

(ii) such other matters as the Minister may consider appropriate for the purposes of this section.

(7) For the purposes of this section, an association of local authorities shall, in the course of its activities, have regard to—

( a) its general function of representing the collective interests of its constituent authorities,

( b) the promotion of the interests generally of local government and of democratic representation of local communities,

( c) the likely costs and benefits of its activities to its constituent local authorities,

( d) the need for effectiveness, efficiency and economy in the discharge of its business and to minimise demands on the resources of its constituent authorities, and

( e) any submissions made to it by a constituent authority on foot of subsection (6)(d) or (e) or otherwise, or by the Minister.

(8) The decision to hold or to cease to hold membership of an association of local authorities is a reserved function.

(9) A reference in any enactment to “the association of county councils of Ireland”, “the Irish County Councils General Council” or “the County Councils’ General Council” or to any analogous expression shall be read as a reference to the General Council of County Councils as referred to in subsection (1) or as a reference to that body by whatever name known for the time being.

Annotations:

Amendments:

F272

Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 56(a), S.I. No. 214 of 2014.

F273

Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 56(b), S.I. No. 214 of 2014.