Local Government Act 2001

Statement of local authority functions.

63

63.—(1) The functions of a local authority are—

( a) to provide a forum for the democratic representation of the local community, in accordance with section 64, and to provide civic leadership for that community,

( b) to carry out such functions as may at any material time stand conferred on the relevant authority by or under any enactment (including this Act and any other enactment whether enacted before or after this Act),

( c) to carry out any ancillary functions under section 65, and

( d) to take such action as it considers necessary or desirable to promote the community interest in accordance with section 66 .

(2)( a) Without prejudice to the scope of subsection (1)(b) and for ease of reference only, there is set out—

(i) in Part 1 of Schedule 12, certain Acts of the Oireachtas, the responsibility for which is primarily that of the Minister, which confer functions on local authorities or on classes of local authorities, and

(ii) in Part 2 of Schedule 12, certain Acts of the Oireachtas, the responsibility for which is primarily that of a Minister of the Government other than the Minister, which confer functions on local authorities or on classes of local authorities.

( b) Paragraph (a) shall not be read as setting out all relevant Acts which confer functions on local authorities or on classes of local authorities.

(3) Subject to law, a local authority is independent in the performance of its functions.

F78 [ (4) Subject to law, the functions of a local authority shall be performed for or on behalf of the local authority and in its name by the elected council (including the municipal district members in respect of each municipal district pursuant to section 131A) or the chief executive, as may be appropriate, in accordance with Part 14. ]