Environment (Miscellaneous Provisions) Act 2011

48.

Placenames.

48.— The Local Government Act 2001 is amended by the substitution of the following Part for Part 18:

“PART 18

Placenames

Interpretation.

188.— In this Part—

‘functional area’ means as respects—

( a) a city council, the city,

( b) a county council, the county exclusive of any town to which paragraph ( c) applies,

( c) a town council, the town;

‘locality’ means a part (other than a town, townland, non-municipal town or street) of a county, city or town in respect of which a name (other than the name of the county, city or town concerned) is in common use;

‘non-municipal town’ means a place (other than a city or town) that is designated a town in the most recent census report published by the Central Statistics Office setting out the final result of a census of population of the State (whether or not that is the most recent such census of population);

‘placename’ includes the name of a county, city, town, non-municipal town, village, barony, parish, townland, street or locality, or of any feature (whether natural or artificial), district, region or place, as described in a map produced by Ordnance Survey Ireland;

‘qualified elector’ means a person who, in relation to a place (including a street) to which a placename applies, is registered as a local government elector in the register of electors for the time being in force;

‘street’ includes—

( a) part of a street, and

( b) a road, square, lane or any other public place or part thereof.

Changing of placename.

189.— (1) A F8 [ local council ] may, in relation to a place situated within its functional area, by resolution passed by not less than half of the members standing elected or coopted for the time being to that F8 [ local council ] adopt a proposal to substitute a new placename (in this section referred to as the ‘proposed new placename’) for the then existing placename in respect of that place.

(2) The boundary of the place to which a proposal adopted under subsection (1) applies shall be described in that proposal whether by reference to a map or otherwise.

(3) A proposal adopted under subsection (1) shall specify the proposed new placename in the Irish language only or in both the Irish language and the English language.

(4) Where a F8 [ local council ] adopts a proposal under subsection (1) it shall—

( a) notify such persons, or persons belonging to such class of person, as may be prescribed by regulations made by the Minister of the adoption of the proposal, and

( b) publish a public notice of the proposal inviting submissions in writing from members of the public in relation thereto not later than 2 months from the date of the publication of the notice.

(5) A person who receives a notification under paragraph ( a) of subsection (4) shall be entitled to make submissions in writing to the F8 [ local council ] that gave the notification in relation to the proposal concerned not later than 2 months from the date of the notification.

(6) A F8 [ local council ] shall consider any submissions received by it in accordance with a notification under paragraph ( a) of subsection (4) or a notice under paragraph ( b) of that subsection.

(7) After considering any submissions referred to in subsection (6), a F8 [ local council ] may, by resolution passed by not less than half of the members standing elected or coopted for the time being to that F8 [ local council ] decide—

( a) to hold a ballot of the qualified electors registered in the place to which the proposed new placename applies in respect of the proposed new placename or such alternative to the proposed new placename as it considers appropriate, or

( b) not to proceed with the proposal to change the placename of the place concerned.

(8) A ballot to which subsection (7) applies shall be in secret and shall be conducted in accordance with regulations made by the Minister.

(9)( a) Subject to subsection (3) of section 192, if a majority of the votes cast at a ballot held pursuant to a decision under subsection (7) is in favour of the proposed new placename concerned the Cathaoirleach of the F8 [ local council ] concerned shall make a declaration stating that, from such date (determined in accordance with paragraph ( b)) as is specified in the declaration, that proposed new placename shall become and be the placename in respect of the place concerned.

( b) Where the Cathaoirleach of a F8 [ local council ] makes a declaration under this subsection, the placename specified in the declaration shall—

(i) if the declaration is made not less than 3 months before the 1st day of January next following the declaration, become and be the placename in respect of the place concerned from the said 1st day of January, or

(ii) in any other case, become and be the placename in respect of the place concerned from the first anniversary of the said 1st day of January.

( c) Every declaration under this subsection shall be published in such manner as may be prescribed by regulations made by the Minister and shall be notified in writing to such persons, or persons belonging to such class of person, as may be so prescribed.

( d) Every declaration under this subsection shall be published in Iris Oifigiúil, as soon as may be after its making.

(10) This section shall not apply to the townland, civil parish, non-municipal town or electoral division referred to in section 191.

F9 [ (11) In this section local council , in relation to a local authority, means the local authority or the municipal district members in respect of each municipal district within the area of such local authority. ]

Change of placename of place situated in more than one local authority area.

190.— (1)( a) A local authority may, in relation to a place that is situated—

(i) in its functional area, and

(ii) in the functional area of another local authority or the functional areas of other local authorities,

by resolution passed by not less than half of the members standing elected or coopted for the time being to the first-mentioned local authority, propose to substitute a new placename (in this section referred to as the ‘proposed new placename’) for the then existing placename in respect of that place.

( b) A proposal referred to in paragraph ( a) shall stand adopted by the local authority first-mentioned in that paragraph upon the passing, in accordance with paragraph ( c), of a resolution by each other local authority within whose functional area part of the place concerned is also situated consenting to the adoption of the proposal.

( c) A resolution referred to in paragraph ( b) shall be passed by not less than half of the members standing elected or coopted for the time being to the local authority concerned.

(2) The boundary of the place to which a proposal adopted under subsection (1) applies shall be described in that proposal whether by reference to a map or otherwise.

(3) A proposal adopted under subsection (1) shall specify the proposed new placename in the Irish language only or in both the Irish language and the English language.

(4) Where a proposal stands adopted under subsection (1), each local authority shall, in respect of that part of the place situated in its functional area—

( a) notify such persons, or persons belonging to such class of person, as may be prescribed by regulations made by the Minister of the adoption of the proposal, and

( b) publish a public notice of the proposal inviting submissions in writing from members of the public in relation thereto not later than 2 months from the date of the publication of the notice.

(5) A person who receives a notification under paragraph ( a) of subsection (4) shall be entitled to make submissions in writing to the local authority that gave the notification in relation to the proposal concerned not later than 2 months from the date of the notification.

(6) A local authority shall consider any submissions received by it in accordance with a notification under paragraph ( a) of subsection (4) or a notice under paragraph ( b) of that subsection.

(7) After considering any submissions referred to in subsection (6), each local authority concerned may, by resolution passed by not less than half of the members standing elected or coopted for the time being to that local authority decide—

( a) to hold a ballot of the qualified electors registered in the place to which the proposed new placename applies in respect of the proposed new placename or such alternative to the proposed new placename as the local authorities concerned consider appropriate, or

( b) not to proceed with the proposal to change the placename of the place concerned.

(8) A ballot to which subsection (7) applies shall be in secret and shall be conducted in accordance with regulations made by the Minister.

(9)( a) Subject to subsection (3) of section 192, if a majority of the votes cast at a ballot held pursuant to a decision under subsection (7) is in favour of the proposed new placename concerned the Cathaoirligh of the local authorities concerned shall jointly declare that, from such date (determined in accordance with paragraph ( b)) as is specified in the declaration, that proposed new placename shall become and be the placename in respect of the place concerned.

( b) Where the Cathaoirligh of the local authorities concerned make a declaration under this subsection, the placename specified in the declaration shall—

(i) if the declaration is made not less than 3 months before the 1st day of January next following the declaration, become and be the placename in respect of the place concerned from the said 1st day of January, or

(ii) in any other case, become and be the placename in respect of the place concerned from the first anniversary of the said 1st day of January.

( c) Every declaration under this subsection shall be published in such manner as may be prescribed by regulations made by the Minister and shall be notified in writing to such persons, or persons belonging to such class of person, as may be so prescribed.

( d) Every declaration under this subsection shall be published in Iris Oifigiúil, as soon as may be after its making.

Daingean Uí Chúis.

191.— (1) The townland, civil parish, electoral division and non-municipal town that, immediately before the commencement of this section, was known (pursuant to the Order of 2004) as An Daingean shall, from such commencement, be known, in the Irish language, as Daingean Uí Chúis and, in the English language, as Dingle.

(2) The Order of 2004 is amended by the deletion—

( a) of the text in columns (1) and (2) of Caibidil 1 of Roinn A of Cuid 4 at reference number 171,

( b) of the text in columns (1) and (2) of Caibidil 2 of Roinn A of Cuid 4 at reference number 4, and

( c) of the text in columns (1) and (2) of Caibidil 4 of Roinn A of Cuid 4 at reference number 11.

(3) In this section ‘Order of 2004’ means the An t-Ordú Logainmneacha (Ceantair Ghaeltachta) 2004 ( S.I. No. 872 of 2004).

General provisions relating to change of names.

192.— (1) The consideration of submissions received under this Part shall be a reserved function.

(2) A local authority shall, in adopting a proposal under section 189 or 190 have regard to local traditions.

(3) ( a) If a majority of the votes cast at a ballot held pursuant to a decision under subsection (7) of section 189 or subsection (7) of section 190 in relation to a place in a Gaeltacht area is in favour of the proposed new placename concerned, the Minister for Arts, Heritage and Gaeltacht Affairs shall make an order declaring that, from such date (determined in accordance with paragraph ( b)) as is specified in the order, that proposed new placename shall become and be the placename in respect of the place concerned.

( b) Where the Minister for Arts, Heritage and Gaeltacht Affairs makes an order under this subsection, the placename to which the declaration in the order relates shall—

(i) if the order is made not less than 3 months before the 1st day of January next following the order, become and be the placename of the place concerned from the said 1st day of January, or

(ii) in any other case, become and be the placename of the place concerned from the first anniversary of the said 1st day of January.

( c) Every order under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(4) Where the Minister for Arts, Heritage and Gaeltacht Affairs makes an order under subsection (3), any provision of an order made under section 32 of the Official Languages Act 2003 in force immediately before the making of the first-mentioned order shall stand revoked in so far only as it conflicts with the first-mentioned order.

(5) ( a) The Minister may make regulations for the purposes of this Part.

( b) Without prejudice to the generality of paragraph ( a), regulations under that paragraph may make provision in relation to the bearing of the costs incurred by local authorities in the performance of their functions under section 190 or as a consequence of the substitution of a placename under that section.

(6) In this section ‘Gaeltacht area’ has the same meaning as it has in the Official Languages Act 2003.

Display of name of street or place.

193.— A local authority may cause the placename of a street or other place to be displayed on a conspicuous part of any building, structure or land located on that street or at that place.

Construction of references.

194.— (1) Where a declaration under section 189 or 190 is made in respect of a place—

( a) references in any enactment, instrument or other document to the placename of that place applicable immediately before the date specified in the declaration in accordance with subsection (9) of section 189 or subsection (9) of section 190, as the case may be, shall, from that date, be construed as references to the placename specified in that declaration, and

( b) references in any proceedings (civil or criminal) pending immediately before that date to the placename first-mentioned in paragraph ( a) shall, from that date, be construed as references to the placename second-mentioned in that paragraph.

(2) Where an order under section 192 is made in respect of a place—

( a) references in any enactment, instrument or other document to the placename of that place applicable immediately before the date specified in the order in accordance with subsection (3) of that section shall, from that date, be construed as references to the placename specified in that order, and

( b) references in any proceedings (civil or criminal) pending immediately before that date to the placename first-mentioned in paragraph ( a) shall, from that date, be construed as references to the placename second-mentioned in that paragraph.

(3) ( a) References in any enactment, instrument or other document to An Daingean shall, from the commencement of section 191, be construed as references to Daingean Uí Chúis.

( b) References in any proceedings (civil or criminal) pending immediately before the commencement of section 191 to An Daingean shall, from such commencement, be construed as references to Daingean Uí Chúis.”.