Local Government Act 2001

Regulations, orders and directions.

4

4.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purposes of enabling any provision to have full effect.

(2) Without prejudice to any other provision of this Act, a regulation or order under this Act may provide for such incidental, consequential, supplementary or transitional provisions (including provisions for the purpose of securing the continuity of any provision of this Act with any provision of any other Act or instrument repealed, revoked, amended or otherwise affected by this Act or by any regulations or order made under it) as may appear to the Minister making the regulation or order to be appropriate for the purposes of this Act or any regulations or order made under it.

(3) A regulation or an order under this Act may—

( a) apply to local authorities generally, to any class or classes of local authorities specified in the regulations or the order or to a particular local authority so specified,

( b) contain different provisions in relation to different local authorities or to different parts of the administrative area of a local authority,

( c) provide for the giving of directions by the Minister (including directions amending or revoking any such directions).

(4)( a) Except where paragraph (c) applies, every order and regulation made by the Minister or any other Minister of the Government under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made.

( b) If after an order or regulation is laid under paragraph (a) a resolution annulling the order or regulation is passed by either House of the Oireachtas within the next 21 days on which the House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under it.

( c) Paragraph (a) does not apply to an order or regulation which is required by this Act to be approved in draft by resolution of both Houses of the Oireachtas or to an order under section 199(8) .

(5) Other than an order under section 7 , the Minister may by order, amend or revoke any order under this Act including an order made under this subsection.

(6)( a) The Minister may by direction amend or revoke a direction given by him or her under this Act (including a direction under this subsection).

( b) A person to whom a direction is given under this Act shall comply with that direction.

(7) This section does not apply to a provisional order under section 72 (1) .

Annotations:

Editorial Notes:

E8

Power pursuant to section exercised (10.11.2017) by Local Government (Expenses of Local Authority Members) (Amendment) Regulations 2017 (S.I. No. 494 of 2017).

E9

Power pursuant to section exercised (30.09.2015) by Local Government (Audit Fees) Regulations 2015 (S.I. No. 447 of 2015).

E10

Power pursuant to section exercised (31.08.2015) by Local Government (Financial and Audit Procedures) (Amendment) Regulations 2015 (S.I. No. 363 of 2015), in effect as per reg. 2.

E11

Power pursuant to section exercised (29.07.2015) by Local Government (Prescribed Bodies) Regulations 2015 (S.I. No. 446 of 2015).

E12

Power pursuant to section exercised (10.03.2015) by Local Government (Audit Fees) Regulations 2015 (S.I. No. 109 of 2015).

E13

Power pursuant to section exercised (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), in effect as per reg. 2.

E14

Power pursuant to section exercised (18.12.2014) by Local Government (Appointment of Chief Executive) Regulations 2014 (S.I. No. 589 of 2014).

E15

Power pursuant to section exercised (10.07.2014) by Local Community Development Committee (Section 128E) (Amendment) (No. 1) Regulations 2014 (S.I. No. 314 of 2014).

E16

Power pursuant to section exercised (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), in effect as per reg. 3.

E17

Power pursuant to section exercised (1.06.2014) by Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014), in effect as per reg. 3.

E18

Power pursuant to section exercised (1.06.2014) by Local Community Development Committee (Section 128E) Regulations 2014 (S.I. No. 234 of 2014), in effect as per reg. 2.

E19

Power pursuant to section exercised (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014), in effect as per reg. 2.

E20

Power pursuant to section exercised (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), in effect as per reg. 2.

E21

Power pursuant to section exercised (1.06.2014) by Local Government Act 2001 (section 230) Order 2013 (S.I. No. 447 of 2013).

E22

Power pursuant to section exercised (31.01.2014) by County of Wicklow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 70 of 2014).

E23

Power pursuant to section exercised (31.01.2014) by County of Wexford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 69 of 2014).

E24

Power pursuant to section exercised (31.01.2014) by County of Westmeath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 68 of 2014).

E25

Power pursuant to section exercised (31.01.2014) by City and County of Waterford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 67 of 2014).

E26

Power pursuant to section exercised (31.01.2014) by County of Tipperary Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 66 of 2014).

E27

Power pursuant to section exercised (31.01.2014) by County of South Dublin Local Electoral Areas Order 2014 (S.I. No. 65 of 2014).

E28

Power pursuant to section exercised (31.01.2014) by County of Sligo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 64 of 2014).

E29

Power pursuant to section exercised (31.01.2014) by County of Roscommon Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 63 of 2014).

E30

Power pursuant to section exercised (31.01.2014) by County of Offaly Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 62 of 2014).

E31

Power pursuant to section exercised (31.01.2014) by County of Monaghan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 61 of 2014).

E32

Power pursuant to section exercised (31.01.2014) by County of Meath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 60 of 2014).

E33

Power pursuant to section exercised (31.01.2014) by County of Mayo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 59 of 2014).

E34

Power pursuant to section exercised (31.01.2014) by County of Louth Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 58 of 2014).

E35

Power pursuant to section exercised (31.01.2014) by County of Longford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 57 of 2014).

E36

Power pursuant to section exercised (31.01.2014) by City and County of Limerick Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 56 of 2014).

E37

Power pursuant to section exercised (31.01.2014) by County of Leitrim Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 55 of 2014).

E38

Power pursuant to section exercised (31.01.2014) by County of Laois Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 54 of 2014).

E39

Power pursuant to section exercised (31.01.2014) by County of Kilkenny Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 53 of 2014).

E40

Power pursuant to section exercised (31.01.2014) by County of Kildare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 52 of 2014).

E41

Power pursuant to section exercised (31.01.2014) by County of Kerry Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 51 of 2014).

E42

Power pursuant to section exercised (31.01.2014) by County of Galway Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 50 of 2014).

E43

Power pursuant to section exercised (31.01.2014) by City of Galway Local Electoral Areas Order 2014 (S.I. No. 49 of 2014).

E44

Power pursuant to section exercised (31.01.2014) by County of Fingal Local Electoral Areas Order 2014 (S.I. No. 47 of 2014).

E45

Power pursuant to section exercised (31.01.2014) by County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2014 (S.I. No. 46 of 2014).

E46

Power pursuant to section exercised (31.01.2014) by City of Dublin Local Electoral Areas Order 2014 (S.I. No. 45 of 2014).

E47

Power pursuant to section exercised (31.01.2014) by County of Donegal Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 44 of 2014).

E48

Power pursuant to section exercised (31.01.2014) by County of Cork Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 43 of 2014).

E49

Power pursuant to section exercised (31.01.2014) by County of Clare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 42 of 2014).

E50

Power pursuant to section exercised (31.01.2014) by County of Cavan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 41 of 2014).

E51

Power pursuant to section exercised (31.01.2014) by County of Carlow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 40 of 2014).

E52

Power pursuant to section exercised (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013).

E53

Power pursuant to section exercised (25.11.2013) by Local Government (Prescribed Bodies) Regulations 2013 (S.I. No. 457 of 2013).

E54

Power pursuant to section exercised (25.11.2013) by Local Government (Audit Fees) Regulations 2013 (S.I. No. 456 of 2013).

E55

Power pursuant to section exercised (13.02.2012) by Local Government (Tenure of Office of Managers) Regulations 2012 (S.I. No. 50 of 2012).

E56

Power pursuant to section exercised (24.04.2007) by Local Government (Business Improvement Districts Ratepayer Plebiscite) Regulations 2007 (S.I. No. 166 of 2007).

E57

Power pursuant to section exercised (10.07.2006) by Local Government Act 2001 (Bye-Laws) Regulations 2006 (S.I. No. 362 of 2006).

E58

Power pursuant to section exercised (1.08.2003) by Local Government Act 2001 (Section 237A) Regulations 2003 (S.I. No. 274 of 2003).

E59

Power pursuant to section exercised (6.06.2002) by Local Authority Members (Gratuity) Regulations 2002 (S.I. 281 of 2002), as amended (23.07.2002) by Local Authority Members (Gratuity) (Amendment) Regulations 2002 (S.I. No. 378 of 2002) and as amended (11.07.2003) by Local Authority Members (Gratuity) (Amendment) Regulations 2003 (S.I. No. 302 of 2003) and as amended (19.12.2006) by Local Authority Members (Gratuity) (Amendment) Regulations 2006 (S.I. No. 674 of 2006).

E60

Power pursuant to section exercised (1.09.2002) by Local Government Act 2001 (County Tipperary Joint Libraries Committee) Regulations 2002 (S.I. No. 214 of 2002).

E61

Power pursuant to section exercised (17.07.2002) by Local Government Act 2001 (Meetings) Regulations 2002 (S.I. No. 66 of 2002).

E62

Power pursuant to section exercised (1.01.2002) by Local Government Act 2001 (Supplementary Provisions) Regulations 2001 (S.I. No. 590 of 2001).

E63

Power pursuant to section exercised (1.01.2002) by Local Government (Representational Payment For Members) Regulations 2001 (S.I. No. 552 of 2001), as amended (6.06.2002) by Local Authority Members (Gratuity) Regulations 2002 (S.I. No. 281 of 2002), reg. 2 and as amended (1.06.2014) by Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014), in effect as per reg. 3.

E64

Previous affecting provision: power pursuant to section exercised (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004); revoked (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2.

E65

Previous affecting provision: power pursuant to section exercised (13.01.2014) by Local Government (Financial Procedures and Audit) (Amendment) Regulations 2014 (S.I. No. 8 of 2014), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect.

E66

Previous affecting provision: power pursuant to section exercised (23.10.2012) by Local Government (Tenure of Office of Managers) (Amendment No. 2) Regulations 2012 (S.I. No. 406 of 2012); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(c).

E67

Previous affecting provision: power pursuant to section exercised (15.05.2012) by Local Government (Tenure of Office of Managers) (Amendment) Regulations 2012 (S.I. No. 157 of 2012); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(b).

E68

Previous affecting provision: power pursuant to section exercised (11.11.2011) by Local Government (Tenure of Office of Managers) Regulations 2011 (S.I. No. 573 of 2011); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(a).

E69

Previous affecting provision: power pursuant to section exercised (5.02.2010) by Local Government Act 2001 (Section 142) Regulations 2010 (S.I. No. 37 of 2010); revoked (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), reg. 18, in effect as per reg. 3.

E70

Previous affecting provision: power pursuant to section exercised (14.11.2008) by Local Government (Financial Procedures and Audit) Regulations 2002 (Amendment) Order 2008 (S.I. No. 467 of 2008), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect.

E71

Previous affecting provision: power pursuant to section exercised (1.01.2007) by Local Government (Expenses of Local Authority Members) Regulations 2006 (S.I. No. 668 of 2006); revoked (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), reg. 18, in effect as per reg. 3.

E72

Previous affecting provision: power pursuant to section exercised (28.02.2003) by Local Government Act 2001 (Part 15) Regulations 2003 (S.I. No. 73 of 2003); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.

E73

Previous affecting provision: power pursuant to section exercised (12.02.2003) by Local Government (Tenure of Office of Managers) Regulations 2003 (S.I. No. 47 of 2003); revoked (11.11.2011) by Local Government (Tenure of Office of Managers) Regulations 2011 (S.I. No. 573 of 2011), reg. 4.

E74

Previous affecting provision: power pursuant to section exercised (1.01.2003) by Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.

E75

Previous affecting provision: power pursuant to section exercised (14.11.2002) by Local Government (Financial Procedures and Audit) Regulations 2002 (S.I. No. 508 of 2002); revoked (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), reg. 30, in effect as per reg. 2.