Local Government Act 2001
Assistance towards non-public roads.
81.—(1) In this section—
F104["functional area" means—
(a) a county, or
(b) so much of the area of the city and county that does not comprise of the area of a dissolved local authority area of a city council;]
“improvement” includes associated drainage works;
“non-public road” means a road which is not a public road within the meaning of the Roads Act, 1993;
“road” has the same meaning as in the Roads Act, 1993;
“road authority” means a county council.
(2) The Minister may make a grant to a road authority in relation to assistance by the authority towards the construction or improvement of non-public roads in its functional area.
(3) A road authority may provide assistance by way of the carrying out of works, a financial contribution or otherwise towards the construction or improvement of a non-public road which—
(a) provides access to parcels of land of which at least 2 are owned or occupied by different persons, or
(b) provides access for harvesting purposes (including turf or seaweed) for 2 or more persons, or
(c) shall in the opinion of the road authority be used by the public.
(4) Assistance by a road authority under this section shall be—
(a) conditional on a prior written agreement by the parties concerned with the road authority and a financial contribution by such parties, and
(b) subject to such other terms and conditions as the Minister may consider appropriate.
(5) The provision of assistance by a road authority under this section does not make the authority liable for the maintenance of the non-public road in question nor impose any other duties or liabilities on the authority in respect of such road.
(6) After consultation with the Minister and with the consent of the Minister for Finance, any other Minister of the Government may make a grant to a road authority in relation to the construction or improvement of non-public roads in accordance with a scheme made by him or her.
(7) Section 6(2) of the Local Government Act, 1998, is hereby amended by the substitution of the following for paragraph (b):
“(b) the carrying out of works under section 81 of the Local Government Act, 2001, or”.
Annotations
Amendments:
F104
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 58, S.I. No. 214 of 2014.
Modifications (not altering text):
C31
Functions transferred and references to “Department of Finance” and “Minister for Finance” in subs. (6) 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.
...
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
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
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) |
|
... |
... |
... |
Note change of name of Department and Minister to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19/2023), in effect as per art. 1(2).
C32
Functions transferred and references to “Department of the Environment, Heritage and Local Government” and “Minister for the Environment, Heritage and Local Government” construed (1.01.2008) by Roads and Road Vehicles (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 815 of 2007), 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 exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Transport.
(2) References to the Department of the Environment, Heritage and Local Government contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Transport.
3. (1) The functions vested in the Minister for the Environment, Heritage and Local Government by or under—
(a) an Act set out in the first column of Part 1 of the Schedule, and
(b) a statutory instrument set out in the first column of Part 2 of the Schedule,
are transferred to the Minister for Transport to the extent specified in the second column of the Part concerned opposite the mention of Act or statutory instrument (as the case may be) so set out.
...
5. Anything commenced before the commencement of this Order by or under the authority of the Minister for the Environment, Heritage and Local Government may, in so far as it relates to functions transferred by this Order to the Minister for Transport, be carried on or completed on or after such commencement by the Minister for Transport.
...
Schedule
Part 1
Acts, certain functions under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Transport
...
|
Short Title of Act and number |
Extent of transfer of functions to the Minister for Transport |
|
|
... |
... |
|
|
Local Government Act 2001 (No. 37 of 2001) |
Section 81 |
|
|
... |
... |