1.—(1) This Act may be cited as the Local Government Act, 2001.

(2) This Act (other than sections 163, 164 and 211 and Parts 23 and 24) and the Acts referred to in Schedule 1 may be cited together as the Local Government Acts, 1925 to 2001, and shall be read together as one.

(3) Sections 81 and 245 and the Roads Acts, 1993 and 1998, may be cited together as the Roads Acts, 1993 to 2001, and shall be read together as one.

(4) Chapter 5 of Part 9 and the Local Government (Sanitary Services) Acts, 1878 to 1995, may be cited together as the Local Government (Sanitary Services) Acts, 1878 to 2001, and shall be read together as one.

(5) Parts 3, 4 and F1[…] section 243 and the Local Elections Acts, 1974 to 1999, may be cited together as the Local Elections Acts, 1974 to 2001, and shall be read together as one.

(6) Part 23 and the Temple Bar Area Renewal and Development Act, 1991, may be cited together as the Temple Bar Area Renewal and Development Acts, 1991 and 2001, and shall be read together as one.

(7) Sections 2, 5(3) and Schedule 4 (in so far as they relate to the Act of 2000), section 247 and the Act of 2000 may be cited together as the Planning and Development Acts, 2000 and 2001.

2.—(1) In this Act, except where the context otherwise requires—

F2["2014 establishment day" means the day appointed by order under section 8 of the Local Government Reform Act 2014 to be the establishment day for the purposes of that Act;]

“Act of 2000” means the Planning and Development Act, 2000;

F3["administrative area" means an area standing established under section 10 for the purposes of local government and which is—

(a) a county in the case of a county council,

(b) a city in the case of a city council,

(c) a city and county in the case of a city and county council;]

“annual meeting” means an annual meeting of a local authority as provided for in paragraph 3 of Schedule 10;

“annual report”, in the context of a local authority, means a report under section 221;

“casual vacancy” shall be read in accordance with section 19(1);

“Cathaoirleach” has the meaning given to it by section 31;

F2["chief executive" means a chief executive for the purposes of section 144;]

F4["city council" means a local authority to which section 11(2)(b) relates;]

F2["city and county council" means a local authority to which section 11(2)(c) relates;]

F5[…]

“committee” means a committee of a local authority established under Part 7;

“corporate plan” has the meaning given to it by section 134;

“corporate policy group” means a committee established under section 133(1);

F4["county council" means a local authority to which section 11(2) (a) relates;]

F5[…]

F6[…]

“direction” means a direction in writing given by—

(a) the Minister under this Act, or

(b) an appropriate Minister under Chapter 4 of Part 14;

“Director of Audit” means a person appointed under section 116;

“elected council” means the members of the local authority concerned and shall be read in accordance with section 11(5);

“election year” means a year in which a local election is held;

“enactment” includes a statutory instrument within the meaning given by section 3 of the Interpretation Act, 1937;

“establishment day” means the day appointed by the Minister by order under section 9 to be the establishment day for the purposes of this Act;

“excluded day” means a day which is a Saturday, Sunday or public holiday (within the meaning given by the Organisation of Working Time Act, 1997) or any other day on which the principal offices of the local authority concerned are closed;

“executive function” shall be read in accordance with section 149;

“functions” includes powers and duties and a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties;

“joint body” means—

(a) F5[…]

(b) a joint drainage board,

(c) a joint drainage committee,

(d) F5[…]

(e) a joint burial committee,

(f) a joint committee to which section 52(5) applies, or

(g) such other body as may be prescribed by regulations made by the Minister under section 144(7);

“joint committee” means a joint committee established under Part 7;

“land” has the meaning given to it by the Act of 2000;

“Leas-Chathaoirleach” has the meaning given to it by section 31;

F4["local authority" means—

(a) in relation to a municipal district, the county council or the city and county council in which the municipal district is situated, and

(b) in every other case—

(i) a county council,

(ii) a city council,

(iii) a city and county council;]

“local authority budget” means a budget adopted under section 103(7) and “budget”, in relation to a local authority, shall be read accordingly;

“local authority budget meeting” has the meaning given to it by section 103;

“local community” means persons ordinarily resident in the administrative area of the local authority concerned and, where relevant as regards a function of the authority, includes persons from outside that area who regularly use facilities of a social, economic, recreational, cultural or other nature provided by the authority;

“local consultative committee” has the meaning given to it by section 21 of the Housing (Traveller Accommodation) Act, 1998;

F2["local economic and community plan" means a plan to which sections 66A to 66H relate;]

“local election” means an election under Part 4;

“local electoral area” means an area referred to in section 23 by reference to which a local election is held;

F7["local fund" has the meaning given to it by section 97;]

F5[…]

“local government elector” means a person entitled to vote at a local election;

F5[…]

“meetings administrator” shall be read in accordance with section 46;

“member”, in relation to a local authority, includes a Cathaoirleach and Leas-Chathaoirleach;

“Minister” means the Minister for the Environment and Local Government;

F2["municipal district" shall be read in accordance with section 22A;

"municipal district members" shall be read in accordance with section 22B;]

“ordinary day of retirement” has the meaning given to it by section 17;

“public authority” means—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) a harbour authority within the meaning of the Harbours Act, 1946,

F8[(d) the Health Service Executive established under section 6 of the Health Act 2004]

(e) a board or other body (but not including a company under the Companies Acts, 1963 to 1999) established by or under statute,

(f) a company under the Companies Acts, 1963 to 1999, in which all the shares are held—

(i) by or on behalf of a Minister of the Government,

(ii) by directors appointed by a Minister of the Government, or

(iii) by a board, company or other body referred to in paragraph (e) or subparagraph (i) or (ii),

F9[(g) the Child and Family Agency established under section 7 of the Child and Family Agency Act 2013, and

(h) such other body as may be prescribed by regulations made by the Minister for the purposes of any provision of this Act.]

“public local inquiry” means an inquiry held under Part 20 and “inquiry” shall be read accordingly;

“public notice”, in the context of a local authority, means a notice published in at least one newspaper circulating in the local authority’s administrative area;

F4["rating authority" means—

(a) a county council,

(b) a city council, or

(c) a city and county council;]

“register of electors” has the meaning given to it by section 24(1);

F4["reserved function" shall be read in accordance with sections 131 and 131A;]

“standing orders”, in the context of a local authority, has the meaning given by paragraph 16(1) of Schedule 10;

“strategic policy committee” has the meaning given by section 48;

“structure” means any building, erection, structure (including a movable structure), excavation, or other thing constructed, erected, made or placed on, in or under any land, or any part of a structure so defined and, where the context so admits, includes the land on, in or under which the structure is situated;

F2["transfer date" has the meaning given in section 23 of the Local Government Reform Act 2014. ]

F10[…]

(2) In this Act a reference to the total number of members of a local authority shall be read as the number of members of the local authority concerned as determined by section 21.

(3) In this Act a reference to local government areas or to the administrative area of a local authority does not include an area added for local electoral purposes only under section 17 of the Local Government Act, 1994.

(4) In this Act a reference to a person being disqualified from election or co-option to a local authority shall be read as including a disqualification from nomination for election or co-option to a local authority.

(5) In this Act, except where the context otherwise requires, a reference to social inclusion or its promotion shall be read as including a reference to any policy, objective, measure or activity designed to counteract poverty or other social deprivation or to facilitate greater participation by marginalised groups in the social, economic and cultural life of the local community.

(6) In this Act, except where the context otherwise requires—

(a) a reference to a section, Chapter, Part or Schedule is a reference to a section, Chapter or Part of, or Schedule to, this Act, as the case may be, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph, subparagraph, clause or subclause is to the subsection, paragraph, subparagraph, clause or subclause of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(7) In this Act, a reference to any enactment shall be read as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment, including this Act.

3.—(1) Every enactment (including any provision contained in a local, personal or private Act) and every order, regulation, rule, bye-law or other instrument or agreement in force immediately before the commencement of a provision of this Act shall, on and after the day of such commencement but subject to any regulations made under this section, be read and have effect with such modifications as may be necessary to give effect to this Act or an order or regulations under it and to have effect in conformity with it.

(2) A reference in any enactment other than this Act to an expression mentioned in the first column of Schedule 2 or to a similar or analogous expression shall, except where the context otherwise requires and subject to any regulations made under this section, be read as a reference to the appropriate expression of this Act as indicated in the second column of that Schedule opposite the expression in the first column.

(3)(a) The Minister, or any other Minister of the Government after consultation with the Minister, may, in respect of any enactment, instrument or agreement which relates to matters for which the relevant Minister has general responsibility, make regulations for the purposes of enabling subsection (1) to have full effect.

(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may, in respect of a provision of any other enactment, instrument or agreement which is related to or otherwise affected by any provision of this Act, provide for its adaptation, modification or cesser of operation in so far as this appears necessary or expedient to the Minister concerned for the purposes of securing that any such other provision shall have effect in conformity with this Act or with an order or regulations made under it.

(4) Regulations may not be made under this section after the expiration of 3 years from the establishment day.

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).

5.—(1) Each Act specified in the first and second columns of Part 1 of Schedule 3 is repealed to the extent specified in the third column of that Part opposite the references in the first and second columns.

(2) Each order specified in the first and second columns of Part 2 of Schedule 3 is revoked to the extent specified in the third column of that Part opposite the references in the first and second columns.

(3) Each Act specified in the first and second columns of Schedule 4 is amended in the manner stated in the third column of that Schedule opposite the references in the first and second columns.

6.—The repeal or revocation by this Act of a provision of any enactment which is applied by a provision of any other enactment not so repealed or revoked, shall not affect such application and accordingly the first-mentioned provision continues to apply and have effect for the purposes of such application.

7.—This Act (except Part 2, section 9 of which provides for an establishment day order in respect of that Part, F13[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.

8.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

9.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

F14[10.—(1) The State has local government areas in accordance with this section.

(2) The State stands divided into local government areas to be known as—

(a) counties,

(b) cities, and

(c) cities and counties,

(each of which shall be known as a county, a city or a city and county as provided for and set out in columns 1 of Parts 1, 2 and 3, respectively, of Schedule 5.

(3)(a) Subject to section 10 of the Local Government Reform Act 2014 F15[and section 8 of the Local Government Act 2019], the boundaries of a county referred to in subsection (2) are the boundaries of the corresponding county as existing immediately before 1 January 2002.

(b) Subject to section 10 of the Local Government Reform Act 2014 F15[and section 8 of the Local Government Act 2019], the boundaries of a city referred to in subsection (2) are the boundaries of the corresponding county borough as existing immediately before 1 January 2002.

(4) For the purposes of this section and subject to section 11(2) of the Local Government Reform Act 2014, all maps showing such boundaries prepared by the Chief Boundary Surveyor under the Survey (Ireland) Acts 1825 to 1870, or by the Commissioner of Valuation or otherwise in accordance with law continue to have all such force and effect as they had immediately before 1 January 2002.

(5) This section is without prejudice to—

(a) section 227,

F15[(aa) Part 2 of the Local Government Act 2019]

(b) Part V of the Local Government Act 1991, and

(c) Part 2 of the Local Government Reform Act 2014.

(6) This section is without prejudice to—

(a) the continued use of the description city in relation to Kilkenny, to the extent that that description was used before 1 January 2002 and is not otherwise inconsistent with this Act,

(b) the continued use of the description city in relation to Limerick and to Waterford, to the extent that each of those descriptions was used before the 2014 establishment day and is not otherwise inconsistent with this Act.]

11.—F16[(1) On and from the 2014 establishment day and for the purposes of local government, the areas referred to in subsection (2) of section 10 (as amended by section 12(1) of the Local Government Reform Act 2014) shall each have a local authority as provided for in this section.

(2) With effect from the 2014 establishment day—

(a) for each county set out in Part 1 of Schedule 5 (as amended by section 12(2) of the Local Government Reform Act 2014)—

(i) in the case of Tipperary, there stands established, under this section, and

(ii) in every other case there continues to stand established under this section,

a body for the purposes of local government,

(b) for each city set out in Part 2 of Schedule 5 (as so amended) there continues to stand established under this section a body for the purposes of local government, and

(c) for each city and county set out in Part 3 of Schedule 5 (as so amended) there stands established under section 13(1) of the Local Government Reform Act 2014 a body for the purposes of local government,

and each such body is a local authority and each such county, city, or city and county, as the case may be, is its administrative area.

(3) The local authorities referred to in subsection (2) are the primary units of local government and shall be known by—

(a) in the case of a county set out in Part 1 of Schedule 5—

(i) in the Irish language, the name of the local authority concerned as set out in column 2 of Chapter 1 of that Part opposite the mention in column 1 of that county,

(ii) in the English language, the name of the local authority concerned as set out in column 2 of Chapter 2 of that Part opposite the mention in column 1 of that county,

(b) in the case of a city set out in Part 2 of Schedule 5—

(i) in the Irish language, the name of the local authority concerned as set out in column 2 of Chapter 1 of that Part opposite the mention in column 1 of that city,

(ii) in the English language, the name of the local authority concerned as set out in column 2 of Chapter 2 of that Part opposite the mention in column 1 of that city,

and

(c) in the case of a city and county set out in Part 3 of Schedule 5—

(i) in the Irish language, the name of the local authority concerned as set out in column 2 of Chapter 1 of that Part opposite the mention in column 1 of that city and county,

(ii) in the English language, the name of the local authority concerned as set out in column 2 of Chapter 2 of that Part opposite the mention in column 1 of that city and county.]

(4) F17[…]

(5) F16[(a) In respect of a local authority to which subsection (3) relates, each member (being directly elected or co-opted in accordance with this Act) shall be known as a councillor and, without prejudice to sections 22B and 22C, collectively shall comprise the elected council of the local authority.]

(b) Each local authority shall have a Cathaoirleach and Leas-Chathaoirleach elected in accordance with Part 5.

F16[(6) For the purposes of functions conferred on it by or under this or any other enactment—

(a) a county council has jurisdiction throughout its administrative area,

(b) a city council has jurisdiction throughout its administrative area,

(c) a city and county council has jurisdiction throughout its administrative area.]

(7) A local authority to which F16[subsection (3)] relates shall—

(a) continue to be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold, manage, maintain and dispose of land or any interest in land,

(b) have a seal which shall be judicially noticed and every document claiming to be an instrument made by it and to be sealed with its seal (claiming to be authenticated in accordance with subsection (8)) shall be received in evidence and be deemed to be that instrument without further proof unless the contrary is shown.

(8) The seal referred to in subsection (7)(b) shall be authenticated by the signature of the Cathaoirleach or of an employee of the authority nominated in writing for that purpose by the F18[chief executive] following consultation with the Cathaoirleach.

(9) Any seal used immediately before the establishment day by a local authority to which this section relates continues to have all such force and effect as it had immediately before that day.

(10) Notwithstanding subsection (9), at any time after the establishment day a local authority to which this section relates may provide itself with a new seal which shall be judicially noticed and subsection (7) regarding the evidential value of the seal applies also to such seal.

(11) Notwithstanding the repeal of enactments relating to its establishment and constitution, F16[a county council or county borough corporation in being immediately before the establishment day], continue in being but subject to the provisions of this Act applying and having effect.

F19[(11A) In respect of a dissolved authority, within the meaning of the Local Government Reform Act 2014, and with effect from the commencement of the provision under that Act for such dissolution of the authority, subsection (11) ceases to have effect in respect of that authority.]

(12) Subsection (11) applies and has effect in relation to the continuation in being of the bodies mentioned in that subsection notwithstanding any change brought about by this Act in the corporate name of any such body or in its corporate status or constitution and the functions vested by any enactment in such body shall, subject to the provisions of this Act, continue to stand so vested.

(13) A reference in any other enactment or other document to a local authority (being a local authority which continues to stand established) by its name applying before it was changed under this Act shall be read as a reference to that body as renamed.

(14) All acts done and decisions made before the establishment day by a local authority (which continues to stand established under this section), whether by resolution, F18[chief executive’s order] or otherwise, shall subject to this Act continue to have all such force and effect as they had immediately before that day.

(15) (a) The land and other property and all rights related thereto which was, before the establishment day, vested in or held by a local authority which continues to stand established under this section continues, subject to the provisions of this Act, to be so vested or held by that authority for the same estate, right, title or interest and may be disposed of in accordance with Part 16.

(b) Paragraph (a) is without prejudice to the generality of subsection (14).

(16) Subject to this Act, royal charters and letters patent relating to local authorities shall continue to apply for ceremonial and related purposes in accordance with local civic tradition but shall otherwise cease to have effect.

F19[(16A) Notwithstanding the dissolution of certain local authorities by Part 2 of the Local Government Reform Act 2014 with effect from the 2014 establishment day or the dissolution of town councils by Chapter 2 of Part 3 of that Act with effect from the transfer date, subsection (16) continues to apply to any city or town concerned.]

(17)(a) This section is without prejudice to section 73 F16[or Part 21].

(b) Subsection (6) is without prejudice to Part 10.

12.—Subject to section 14 and to the disqualifications set out in F20[sections 13 and 13A] and to the provisions of section 19 relating to co-option, a person is eligible for election or co-option to, and membership of, a local authority, if he or she is a citizen of Ireland or is ordinarily resident in the State and has or will attain the age of 18 years—

(a) on or before polling day at a local election, or

(b) if there is no poll, the latest day for receiving nominations at the election, or on or before the day of co-option to a local authority.

13.—(1) Subject to subsection (2), a person is disqualified from being elected or co-opted to, or from being a member of a local authority if he or she—

(a) is a member of the Commission of the European Community, or

(b) is a representative in the European Parliament, or

(c) is a Judge, Advocate General or Registrar of the Court of Justice of the European Community, or

(d) is a member of the Court of Auditors of the European Community, or

(e) is a Minister of the Government or a Minister of State or the chairman of Dáil Éireann (An Ceann Comhairle), or the chairman of Seanad Éireann, or

(f) is appointed under the Constitution as a Judge or as the Comptroller and Auditor General, or

(g) is a member of the Garda Síochána or a wholetime member of the Defence Forces as defined in section 11(4)(b) of the Electoral Act, 1992, or

(h) is a civil servant who is not by terms of employment expressly permitted to be a member of a local authority, or

F21[(i) is a person employed by a local authority, the Health Service Executive or the Child and Family Agency and is not the holder of a class, description or grade of employment designated by order under section 161(1)(b) or deemed to have been made under that section, or]

F22[(ii) is a person employed by the Health Service Executive and is at a grade or of a description of employment designated by order of the Minister for Health and Children, or]

(j) is undergoing a sentence of imprisonment for any term exceeding 6 months imposed by a court of competent jurisdiction in the State, or

(k) fails to pay any sum or any portion of any sum charged or surcharged, by an auditor of the accounts of any local authority, upon or against that person, or

(l) fails to comply with a final judgement, order or decree of a court of competent jurisdiction, for payment of money due to any local authority, or

(m) is convicted of, or has had a conviction confirmed on appeal for, an offence relating to any of the following:

(i) fraudulent or dishonest dealings affecting a local authority;

(ii) corrupt practice;

(iii) acting when disqualified.

F23[(1A) Subject to subsection (2), a person to whom subsection (1) applies, other than a person referred to in paragraph (b) or (e) of that subsection, is disqualified from being elected to the office of Mayor of Limerick.

(1B) Subject to subsection (2), a person to whom subsection (1) applies is disqualified from holding the office of Mayor of Limerick.]

(2)(a) A disqualification arising under F24[subsection (1), (1A) or (1B) in respect of a person to whom subsection (1)(k) applies] commences—

(i) where no appeal is taken, on the expiration of the time limit for an appeal, or

(ii) where an appeal is taken to the Minister or the High Court, on the expiration of one month from the date of an order confirming the charge or surcharge,

and the disqualification shall be for 5 years from the date of its commencement.

(b) A disqualification arising under F24[subsection (1), (1A) or (1B) in respect of a person to whom subsection (1)(l) applies] comes into effect on the seventh day after the last day for compliance with the relevant final judgement, order or decree and the disqualification shall be for 5 years from such last day.

(c) A disqualification arising under F24[subsection (1), (1A) or (1B) in respect of a person to whom subsection (1)(m) applies] commences—

(i) where no appeal is taken against the conviction, when the time limit for taking an appeal has passed, or

(ii) where an appeal is taken against the conviction and the appeal is disallowed, one month from the determination of the appeal,

and the disqualification shall be for 5 years from the date of conviction or determination of the appeal, as the case may be.

(3) Nothing in this section operates to prejudice any disqualification referred to in section 182 or in section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999, or in any other enactment.

13A.—(1) A person who is a member of either House of the Oireachtas is disqualified from being elected or co-opted to, or from being a member of, a local authority.

F26[(1A) A person to whom subsection (1) applies is not disqualified from being elected to the office of Mayor of Limerick, but is disqualified from holding that office.]

(2) In respect of local elections to be held in the year 2004 and thereafter, section 13(1) shall be read as if the following were substituted for paragraph (e):

"(e) is a member of Dáil Éireann or Seanad Éireann, or".]

F27[14.— A person shall not hold membership simultaneously of more than one local authority.]

15.—(1) A person is guilty of an offence if he or she knowingly acts as a member of a local authority when disqualified, or knowingly votes when prohibited by or under any enactment.

F28[(1A) Subsection (1) applies to a member of a local authority in performing functions as a municipal district member in the same manner as it applies to a member of a local authority in performing functions as a member of a local authority or a member of the council of a local authority.]