Local Government Act 2001

Commencement.

7

7.—This Act (except Part 2, section 9 of which provides for an establishment day order in respect of that Part, F11 [ and except section 161 , the coming into operation of which is provided for in that section ]) shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefor either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions and for the repeal, revocation and amendment effected by section 5 of different enactments or of different provisions of those enactments.

Annotations:

Amendments:

F11

Substituted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.

Editorial Notes:

E77

Power pursuant to section exercised (31.01.2019) by Local Government Act 2001 (Commencement) Order 2019 (S.I. No. 24 of 2019).

2. The 31st day of January 2019 is appointed to be the day on which the following provisions of the Local Government Act 2001 (No. 37 of 2001) shall come into operation:

(a) subsection (1) of section 5 and Part 1 of Schedule 3 in so far as they effect the repeal of—

(i) sections 76, 77, 78 and 79 of the Local Government Act 1946 (No. 24 of 1946),

(ii) section 53 of the Local Government Act 1955 (No. 9 of 1955), and

(iii) section 67 of the Local Government Act 1994 (No. 8 of 1994); and

(b) sections 189, 190, 192 and 193, and subsections (1) and (2) of section 194.

E78

Power pursuant to section exercised (30.01.2014) by Local Government Act 2001 (Commencement of Certain Provisions) Order 2014 (S.I. No. 37 of 2014).

2. The 30th day of January 2014 is appointed as the day on which the following provisions of the Local Government Act 2001 (No. 37 of 2001) come into operation:

(a) to the extent specified in the Schedule to this Order, the repeal provided for by section 5(1) and Part 1 of Schedule 3;

(b) section 23.

SCHEDULE

NUMBER AND YEAR

SHORT TITLE

EXTENT OF REPEAL

No. 8 of 1994

Local Government Act 1994

Section 24.

E79

Power pursuant to section exercised (27.11.2013) by Local Government Act 2001 (Commencement) Order 2013 (S.I. No. 446 of 2013).

2. The 27th day of November 2013 is fixed as the day on which section 230 of the Local Government Act 2001 (No. 37 of 2001) comes into operation.

E80

Power pursuant to section exercised (7.09.2011) by Local Government Act 2001 (Commencement) Order 2011 (S.I. No. 447 of 2011).

2. The 7th day of September 2011 is appointed as the day upon which sections 188, 191 and 194 (3) (inserted by section 48 of the Environment (Miscellaneous Provisions) Act 2011 (No. 20 of 2011)) of the Local Government Act 2001 (No. 37 of 2001) shall come into operation.

E81

Power pursuant to section exercised (10.07.2006) by Local Government Act, 2001 (Commencement) Order 2006 (S.I. No. 361 of 2006).

2. Part 19 of the Local Government Act, 2001, shall come into operation on 10 July 2006.

3. Section 5(1) of and Part 1 of Schedule 3 to the Local Government Act 2001 shall come into operation on 10 July 2006 to the extent specified in the Schedule to this Order.

Article 3

Schedule

REPEALS

Number and Year

Short Title

Extent of Repeal

17 & 18 Vict. c. 103

Towns Improvement (Ireland) Act 1854

Sections 78 to 88

No. 8 of 1994

Local Government Act 1994

Part VII

E82

Power pursuant to section exercised (19.05.2004, 21.05.2004 and 1.01.2005) by Local Government Act 2001 (Commencement) Order 2004 (S.I. No. 217 of 2004).

3. On 19th May 2004 section 5(1) of and Part I of Schedule 3 to the Act of 2001 shall come into operation for the purposes of the repeal of section 21 of the Local Government Act 1955 (No. 9 of 1955) and for the purposes of the repeal of section 25 (other than subsection (6) of that section) of the Local Elections (Petitions and Disqualifications) Act 1974 (No. 8 of 1974).

4. On 21 May 2004 section 169 (other than subsection (4)(a)(ii) and (4)(b)(ii) of that section), and references to a code of conduct in sections 166(1), 167(2), 170(1) and 174(6) of the Act of 2001 shall come into operation.

5. On 1 January 2005 subsection (4)(a)(ii) and (4)(b)(ii) of section 169 and section 171(1)(b) of the Act of 2001 shall come into operation.

E83

Power pursuant to section exercised (14.11.2002, 1.01.2003 and 1.01.2004) by Local Government Act, 2001 (Commencement) (No. 5) Order 2002 (S.I. No. 507 of 2002).

3. On 14 November, 2002 Parts 12 (insofar as it has not already been commenced) and 21 of the Act of 2001 shall come into operation.

4. On 14 November, 2002 paragraph 5 of Schedule 10 to the Act of 2001 shall come into operation.

5. On 14 November, 2002 section 5(1) of and Part 1 of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part I of the Schedule to this Order.

6. On 14 November, 2002 section 5(2) of and Part 2 of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part 2 of the Schedule to this Order.

7. On 14 November, 2002 section 5(3) of and Schedule 4 to the Act of 2001, shall come into operation for the purpose of

(a) the amendment to the Local Government (Ireland) Act, 1898 in the manner stated in column 3 of Schedule 4 to the Act of 2001,

(b) the amendments to the Local Government (Financial Provisions) Act, 1978 in the manner stated in column 3 of Schedule 4 to the Act of 2001,

(c) the amendment to the Local Government (Financial Provisions) Act, 1997 in the manner stated in column 3 of Schedule 4 to the Act of 2001.

8. On 14 November, 2002 section 231 of the Act of 2001 shall come into operation.

9. On 1 January, 2003 section 135 of the Act of 2001 shall come into operation.

10. On 1 January, 2004 section 1(4) of the Act of 2001 shall come into operation.

SCHEDULE

PART 1

Acts Repealed

Session and Chapter or Number and Year

Short Title

Extent of Repeal

1

2

3

17 & 18 Vict. c. 103

Towns Improvement (Ireland) Act, 1854

Section 59.

30 & 31 Vict. c. 46

County Treasurers (Ireland) Act, 1867

The whole Act.

34 & 35 Vict. c. 109

Local Government (Ireland) Act, 1871

Section 18.

35 & 36 Vict. c. 69

Local Government Board (Ireland) Act, 1872

Section 12.

61 & 62 Vict. c. 37

Local Government (Ireland) Act, 1898

Section 83(12).

2 Edw. 7. c. 38

Local Government (Ireland) Act, 1902

Sections 21 and 22.

No. 5 of 1925

Local Government Act 1925

Section 86.

No. 1 of 1929

Cork City Management Act, 1929

The whole Act insofar as it is not already repealed.

No. 27 of 1930

Local Government (Dublin) Act, 1930

Sections 54(2), 61, 62 and 95.

No. 35 of 1934

Limerick City Management Act, 1934

Sections 16(2), 23 and 24.

No. 55 of 1936

Local Authorities (Miscellaneous Provisions) Act, 1936

Sections 2 and 3.

No. 3 (Private) 1937

Local Government (Galway) Act, 1937

The whole Act insofar as it is not already repealed.

No. 36 of 1937

Local Government (Nomination of Presidential Candidates) Act, 1937

The whole Act.

No. 25 of 1939

Waterford City Management Act, 1939

Sections 15(2), 22 and 23.

No. 12 of 1940

County Management Act, 1940

The whole Act insofar as it is not already repealed.

No. 5 of 1941

Cork City Management (Amendment) Act, 1941

Sections 14 and 15.

No. 23 of 1941

Local Government Act, 1941

Part IV and sections 68, 69 and 77.

No. 24 of 1946

Local Government Act, 1946

Sections 7 to 9, 15 to 17, 22, 26 and 27, 34, 64 and 65, 80 and 81.

No. 9 of 1955

Local Government Act, 1955

Sections 48 and 61.

No. 12 of 1955

City and County Management (Amendment) Act, 1955

The whole Act insofar as it is not already repealed.

No. 40 of 1960

Local Government (No. 2) Act, 1960

Part II.

No. 35 of 1978

Local Government (Financial Provisions) Act, 1978

Sections 11, 12 and 14.

No. 8 of 1994

Local Government Act, 1994

Section 44.

No. 29 of 1997

Local Government (Financial Provisions) Act, 1997

Sections 8, 13 and 16.

PART 2

ORDERS REVOKED

Number and Year

Short Title

Extent of Revocation

1898 No. 1120

Local Government (Application of Enactments) Order, 1898

The whole Order insofar as it is not already revoked.

1899 No. 44

Local Government (Adaptation of Irish Enactments) Order, 1899

Article 43.

E84

Power pursuant to section exercised (1.01.2004) by Local Government Act, 2001 (Commencement) (No. 4) Order 2002 (S.I. No. 250 of 2002).

2. On 1 January, 2004 Chapter 5 of Part 9 of the Local Government Act, 2001 shall come into operation.

3. On 1 January, 2004 section 5(1) of and Schedule 3 to the Local Government Act, 2001 shall come into operation for the purposes of the repeal of the Local Government (Amendment) (No. 2) Act, 1934 (No. 44 of 1934).

E85

Power pursuant to section exercised (1.01.2003) by Local Government Act, 2001 (Commencement) (No. 3) Order 2002 (S.I. No. 218 of 2002).

3. On 1 January 2003, Part 15 of the Act of 2001 shall come into operation other than section 169 and any reference to a code of conduct in sections 166(1), 167(2), 170(1), 171(1)(b), and 174(6).

E86

Power pursuant to section exercised (16.05.2002) by Local Government Act, 2001 (Commencement) (No. 2) Order 2002 (S.I. No. 213 of 2002).

2. Sections 109 and 110 of the Local Government Act, 2001 shall come into operation on the 16th day of May 2002.

E87

Power pursuant to section exercised (1.05.2002, 17.07.2002, 1.05.2004, 11.03.2002) by Local Government Act, 2001 (Commencement) Order 2002 (S.I. No. 65 of 2002).

3. On 1 May 2002, section 19 of the Act of 2001 shall come into operation; and on that date also section 5(1) of and Part 1 of Schedule 3 to that Act shall come into operation for the purposes of the repeal of section 11 of the Local Government Act, 1994, (No. 8 of 1994).

4. (a) On 17 July 2002, Part 6 and Part 7 of the Act of 2001 and Schedule 10 to that Act, other than paragraph 3(3) and paragraph 5 of that Schedule, shall come into operation.

(b) On 1 May 2004, paragraph 3(3) of Schedule 10 to the Act of 2001 shall come into operation.

5. On 17 July 2002, section 5(1) of and Part 1 of Schedule 3 to the Act of 2001 shall come into operation to the extent specified in Part 1 of the Schedule to this Order.

6. On 17 July 2002, section 5(2) of and Part 2 of Schedule 3 to the Act of 2001 shall come into operation to the extent specified in Part 2 of the Schedule to this Order.

7. On 11 March 2002, section 5(1) of and Part 1 of Schedule 3 to the Act of 2001 shall come into operation for the purposes of the repeal of section 4 of the City and County Management (Amendment) Act, 1955 ( No. 12 of 1955), insofar as that section is not already repealed.

SCHEDULE

Part 1

Acts Repealed

Article 5

Secssion and Chapter or Number and Year

Short Title

Extent of Repeal

1

2

3

3 & 4 Vict. c. 108

Municipal Corporations (Ireland) Act, 1840

The whole Act insofar as it is not already repealed.

10 & 11 Vict. c. 16

Commissioners Clauses Act, 1847

The whole Act insofar as it is not already repealed.

17 & 18 Vict. c. 103

Towns Improvement (Ireland) Act, 1854

Sections 27 and 28

61 & 62 Vict. c. 37

Local Government (Ireland) Act, 1898.

Sections 23(2) and 77.

2 Edw. 7. c. 38

Local Government (Ireland) Act, 1902

Sections 14 and 15.

No. 5 of 1925

Local Government Act, 1925

Sections 58 and 64.

No. 1 of 1929

Cork City Management Act, 1929

Section 7.

No. 27 of 1930

Local Government (Dublin) Act, 1930

Sections 31 and 37.

No. 35 of 1934

Limerick City Management Act, 1934

Sections 5(3) and 9.

No. 3 (Private) 1937

Local Government (Galway) Act, 1937

Sections 15 and 33.

No. 25 of 1939

Waterford City Management Act, 1939

Sections 4(3) and 8(6).

No. 12 of 1940

County Management Act, 1940

Section 18.

No. 23 of 1941

Local Government Act, 1941

Section 41.

No. 24 of 1946

Local Government Act, 1946

Sections 62, 63 and 66.

No. 9 of 1955

Local Government Act, 1955

Section 60.

No. 7 of 1985

Local Government (Reorganisation) Act, 1985

Sections 9, 25 and 27 and the Fifth Schedule.

No. 11 of 1991

Local Government Act, 1991

Part VI.

No. 8 of 1994

Local Government Act, 1994

Part V.

Part 2

Orders Revoked

Article 6

Year and Number

Short Title

Extent of Revocation

1

2

3

1898 No. 1120

Local Government (Application of Enactments) Order, 1898

Articles 36 and 38 of the Schedule to the Order.

E88

Power pursuant to section exercised (1.01.2002 and unspecified dates) by Local Government Act, 2001 (Commencement) (No. 3) Order 2001 (S.I. No. 588 of 2001).

3. On 1 January, 2002, subsections (2), (3) and (5) of section 1 of the Act of 2001, shall come into operation.

4. On 1 January, 2002, section 5(1) of and Part I of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part 1 of the Schedule to this Order.

5. On 1 January, 2002, section 5(2) of and Part 2 of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part 2 of the Schedule to this Order.

6. On 1 January, 2002, section 5(3) of and Schedule 4 to the Act of 2001, shall come into operation for the purpose of

(a) the amendment to the Housing (Traveller Accommodation) Act, 1998 (No. 33 of 1998) in the manner stated in column 3 of Schedule 4 to the Act of 2001, and

(b) the amendments to the Planning and Development Act, 2000 (No. 30 of 2000) in the manner stated in column 3 of Schedule 4 to the Act of 2001.

7. On 1 January, 2002, Part 3, other than sections 13(1)(i), 14, 19 and 22; Part 4, other than section 23; Part 5, other than Chapter 3; Part 9, other than Chapter 5; Part 10; sections 112 and 113(1); Part 13; Part 14, other than section 135; Part 16; section 197; Part 22, other than sections 223, 230 and 231; Part 24 insofar as not already commenced, of the Act of 2001, shall come into operation.

8. Section 13(1)(i) of the Act of 2001 shall come into operation and have effect for the purposes of the local elections in the year 2004 and from then on. Section 14 of the Act of 2001 shall come into operation and have effect on and from the ordinary day of retirement of members next after the enactment of the Act of 2001.

9. On 1 January, 2002, Schedules 1, 2, 5, 6, 7, 8, 12, 13, 14 and 15 to the Act of 2001, shall come into operation.

SCHEDULE

Part 1

Acts Repealed

Secssion and Chapter or Number and Year

Short Title

Extent of Repeal

1

2

3

6 & 7 Will. 4 c. 116

Grand Jury (Ireland) Act, 1836

Sections 35, 43, 44, 46, 54, 58, 66 to 68, 78, 82, 86, 108, 126 and 178 to 180 and Schedule (R).

3 & 4 Vict. c. 108

Municipal Corporations (Ireland) Act, 1840

The whole Act other than sections 10, 92 and 102.

3 & 4 Vict. c. 109

Counties and Boroughs (Ireland) Act, 1840

The whole Act.

6 & 7 Vict. c. 93

Municipal Corporations (Ireland) Act, 1843

The whole Act.

7 & 8 Vict. c. 106

County Dublin Grand Jury Act, 1844

Sections 40 and 110.

10 & 11 Vict. c. 16

Commissioners Clauses Act, 1847

Sections 53, 56 to 59.

10 & 11 Vict. c. 34

Towns Improvement Clauses Act, 1847

The whole Act.

16 & 17 Vict. c. 136

Grand Jury (Ireland) Act, 1853

Section 9.

17 & 18 Vict. c. 103

Towns Improvement (Ireland) Act, 1854

Section 38, 39, 41, 55, 58, 69, 72, 74 to 76 and 89.

23 & 24 Vict. c. 16

Municipal Corporations Mortgages etc. Act, 1860

The whole Act.

34 & 35 Vict. c. 109

Local Government (Ireland) Act, 1871

Section 25.

41 & 42 Vict. c. 52

Public Health (Ireland) Act, 1878

Sections 7, 200, 201 and 277.

45 & 46 Vict. c. 50

Municipal Corporations Act, 1882

The whole Act.

47 & 48 Vict. c. 70

Municipal Elections (Corrupt and Illegal Practices) Act, 1884

The whole Act.

53 & 54 Vict. c. 59

Public Health Acts Amendment Act, 1890

Section 38.

61 & 62 Vict. c. 37

Local Government (Ireland) Act, 1898

Sections 1, 4, 6(b), 10, 11, 12, 14, 18, 21, 22, 27, 31, 33, 35, 40, 41, 48 to 50, 58, 59, 68, 72, 78, 81, 82, 84, 86, 100 and 108 and the Second and Third Schedules.

63 & 64 Vict. c. 63

Local Government (Ireland) Act, 1900

Section 9.

2 Edw. 7. c. 38

Local Government (Ireland) Act, 1902

Sections 6 and 8.

9 Edw. 7. c. 47

Development and Road Improvement Funds Act, 1909

The whole Act.

No. 13 of 1924

Local Government (Temporary Provisions) (Amendment) Act, 1924

The whole Act.

No. 5 of 1925

Local Government Act, 1925

Sections 2, 3, 5, 6, 16, 70, 73, 74, 81 and the First Schedule.

No. 1 of 1929

Cork City Management Act, 1929

The whole Act other than sections 1, 7, 11(2), 16 and 23.

No. 27 of 1930

Local Government (Dublin) Act, 1930

Sections 7, 17 to 19, 30, 38 to 41, 45, 51, 53, 54(1), 55 to 57, 59, 60, 67, 80 and 103 and the First Schedule.

No. 35 of 1934

Limerick City Management Act, 1934

Sections 2 to 4, 5(1) and (2), 11 to 14, 16(1), 17 to 19, 21, 22, 31 to 34, 39, 40 and the First Schedule.

No. 55 of 1936

Local Authorities (Miscellaneous Provisions) Act, 1936

Section 6.

No. 3 (Private) 1937

Local Government (Galway) Act, 1937

The whole Act other than sections 1, 2, 9, 15, 33 and 39.

No. 25 of 1939

No. 25 of 1939

Sections 2, 3, 4(1) and (2), 10 to 13, 15(1), 16 to 18, 20, 21, 30 to 32 and 37 to 39.

No. 12 of 1940

County Management Act, 1940

The whole Act other than sections 1, 2, 18, 21, 39 and 41.

No. 5 of 1941

Cork City Management (Amendment) Act, 1941

Sections 7, 8, 10 to 12, 22, 23 and 26.

No. 15 of 1941

Local Officers and Servants (Dublin) Act, 1941

The whole Act.

No. 23 of 1941

Local Government Act, 1941

Part II (insofar as it is not already repealed), Part III (insofar as it is not already repealed and other than section 41), section 67, Part VIII (insofar as it is not already repealed) and sections 76, 78, and 90.

No. 13 of 1942

County Management (Amendment) Act, 1942

The whole Act.

No. 8 of 1945

Local Government (Dublin) Act, 1945

The whole Act.

No. 30 of 1945

Local Authorities (Acceptance of Gifts) Act, 1945

The whole Act.

No. 24 of 1946

Local Government Act, 1946

Section 25, Part III (insofar as it is not already repealed) and Part IV and sections 70, 71, 73, 82, 83, 95 and 98.

No. 24 of 1950

Limerick City Management Act, 1950

The whole Act.

No. 9 of 1955

Local Government Act, 1955

Chapter 1 of Part II other than sections 21 and 24(2), sections 31 to 33, 40, 41, 51, 54, 58, 59, 65 and Part 1 of the Second Schedule.

No. 12 of 1955

City and County Management (Amendment) Act, 1955

Sections 2, 3, section 4 (except insofar as it relates to a planning function within the meaning of section 44 of the Local Government Act, 1991 ), sections 5, 6, 12, 13, 15 to 17, 19 and 20.

No. 9 of 1958

Local Government Act, 1958

The whole Act.

No. 10 of 1959

Local Government Act, 1959

The whole Act.

No. 40 of 1960

Local Government (No. 2) Act, 1960

Sections 11 and 12.

No. 3 of 1962

Road Fund (Grants) (Temporary Provisions) Act, 1962

The whole Act.

No. 8 of 1965

Cork City Management (Amendment) Act, 1965

The whole Act.

No. 21 of 1966

Housing Act, 1966

Sections 85, 87 and 88.

No. 6 of 1968

Local Government (Roads and Drainage) Act, 1968

The whole Act.

No. 32 of 1972

County Management (Amendment) Act, 1972

The whole Act.

No. 35 of 1978

Local Government (Financial Provisions) Act, 1978

Section 13.

No. 21 of 1983

Local Government (Financial Provisions) (No. 2) Act, 1983

Section 9.

No. 7 of 1985

Local Government (Reorganisation) Act, 1985

Sections 5 to 7, Part III (insofar as it is not already repealed and other than section 9) and sections 19 to 23, and the First, Second, Third, and Fourth Schedules.

No. 3 of 1986

Canals Act, 1986

Section 15.

No. 28 of 1988

No. 28 of 1988

Section 27.

No. 11 of 1991

Local Government Act, 1991

Parts II to IV and sections 41, 42 and 46 to 50, 53 and 54(a).

No. 31 of 1993

Local Government (Dublin) Act, 1993

Part II and sections 39 and 40.

No. 8 of 1994

Local Government Act, 1994

Part II other than section 11, Part III other than section 24, Part IV, Part VI and section 46 and Parts IX and X, sections 61 and 64 to 66 and the Third, Fourth and Fifth Schedules.

No. 16 of 1998

Local Government Act, 1998

Sections 9 and 10.

No. 25 of 2000

Local Government Act, 2000

The whole Act.

Part 2

Orders Revoked

Year and Number

Short Title

Extent of Revocation

1

2

3

1898 No. 1120

Local Government (Application of Enactments) Order, 1898

Articles 8, 11, 12, 13, 15, 16, 24, 30, 33, 41, 43 to 46 of the Schedule to the Order.

1899 No. 44

Local Government (Adaptation of Irish Enactments) Order, 1899

Articles 4 to 7, 13, 15 to 17, 19 to 36, 42, 44 and 45.

E89

Power pursuant to section exercised (1.01.2002) by Local Government Act, 2001 (Commencement) (No. 2) Order, 2001 (S.I. No. 551 of 2001).

2. On the 1st day of January, 2002, section 142 of the Local Government Act, 2001, shall come into operation.

3. On the 1st day of January, 2002, section 51 of the Local Government Act, 1991 (No. 11 of 1991) shall be repealed.

E90

Power pursuant to section exercised (9.10.2001 and 1.01.2002) by Local Government Act, 2001 (Commencement) Order 2001 (S.I. No. 458 of 2001).

2. On the 9th day of October, 2001, subsections (1), (6) and (7) of section 1 and sections 2, 3, 4, 6, 7, 8 and 247 of the Local Government Act, 2001 shall come into operation.

3. On the 9th day of October, 2001 section 5(1) of, and Part 1 of Schedule 3 to, the Local Government Act, 2001 shall come into operation to the extent specified in the Schedule to this Order.

4. On the 1st day of January, 2002, Part 23 of the Local Government Act, 2001 shall come into operation.

SCHEDULE

Repeals

Number

Short Title

Extent of Repeal

No. 13 of 1937

Local Authorities (Electrical Employees) Act, 1937

The whole Act.

No. 22 of 1940

Local Authorities (Cost of Living) Act, 1940

The whole Act.

No. 34 of 1940

Unemployment (Relief Works) Act, 1940

The whole Act.

No. 13 of 1945

Local Authorities (Cost of Living) (Amendment) Act, 1945

The whole Act.

No. 9 of 1955

Local Government Act, 1955

Section 62.

No. 12 of 1955

City and County Management (Amendment) Act, 1955

Section 7 and sections 9 and 11 insofar as they apply to an estimates committee.