Local Government Act 2001
Number 37 of 2001
LOCAL GOVERNMENT ACT 2001
REVISED
Updated to 21 December 2022
This Revised Act is an administrative consolidation of the Local Government Act 2001. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, and all statutory instruments up to and including the European Union (Food and Feed Hygiene) (Amendment) Regulations 2022 (S.I. No. 744 of 2022), made 20 December 2022, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to revisedacts@lawreform.ie.
Number 37 of 2001
LOCAL GOVERNMENT ACT 2001
REVISED
Updated to 21 December 2022
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.
Related legislation
Ethics in Public Office Acts 1995 and 2001: Local Government Act 2001 (37/2001), Part 15 Ethical Framework for the Local Government Service, deals with the same subject matter as the Ethics in Public Office Acts 1995 and 2001.
Local Elections Acts 1974 to 2014: this Act (Parts 3, 4, Chapter 3 of Part 5 and s. 243) is one of a group of Acts included in this collective citation, to be construed together as one (Local Government Reform Act 2014 (1/2014), s. 1(5)). The Acts in the group are:
• Local Elections (Petitions and Disqualifications) Act 1974 (8/1974)
• Local Government (Reorganisation) Act 1985 (7/1985), so much of the Act as relates to local elections
• Local Government Act 1991 (11/1991), Part III and so much of Part IV as relates to local elections
• Electoral Act 1992 (23/1992), Part II insofar as it relates to local government electors and Part XXIII insofar as it relates to local elections
• Electoral Act 1997 (25/1997), Parts VII and VIII insofar as they relate to local elections
• Local Government Act 1998 (16/1998), ss. 9 and 10
• Local Elections (Disclosure of Donations and Expenditure) Act 1999 (7/1999) (other than s. 1(4) and so much of s. 25 as relates to the European Parliament elections)
• Local Government Act 2001 (37/2001), Parts 3, 4, Chapter 3 of Part 5 and s. 243
• Electoral (Amendment) Act 2001 (38/2001), in so far as it relates to local elections
• Electoral (Amendment) Act 2002 (4/2002), in so far as it relates to local elections
• Local Government (No. 2) Act 2003 (17/2003)
• Electoral (Amendment) Act 2004 (15/2004), in so far as it relates to local elections
• Electoral (Amendment) Act 2006 (33/2006), in so far as it relates to local elections
• Electoral (Amendment) Act 2009 (4/2009), in so far as it relates to local elections
• Electoral (Amendment) (No. 2) Act 2009 (9/2009) (other than s. 9)
• Electoral (Amendment) (Political Funding) Act 2012 (36/2012), in so far as it relates to local elections
• Local Government Reform Act 2014 (1/2014), ss. 1(5), 5(4) and sch. 2 part 2 in so far as it relates to the Local Elections (Petitions and Disqualifications) Act 1974 and the Local Elections (Disclosure of Donations and Expenditure) Act 1999
Acts previously included in the group but now repealed are:
• Local Government Act 1994 (8/1994), Parts II and III
• Electoral (Amendment) (No. 2) Act 1986 (35/1986), in so far as it relates to local elections
Local Government Acts 1925 to 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), s. 3(3)). The Acts in the group are:
• Local Government Act 1925 (5/1925)
• Local Government Act 1927 (3/1927)
• Local Government Act 1941 (23/1941)
• Local Government Act 1946 (24/1946)
• Local Government Act 1955 (9/1955)
• Local Government (No. 2) Act 1960 (40/1960)
• Local Government (Buncrana) Act 1968 (2/1968)
• Local Government (Rateability of Rents) (Abolition) Act 1971 (15/1971) in so far as it amends Local Government Acts 1925 to 1967
• Local Government (Financial Provisions) Act 1978 (35/1978)
• Local Government (Financial Provisions) Act 1983 (10/1983)
• Local Government (Financial Provisions) (No. 2) Act 1983 (21/1983)
• Local Government (Reorganisation) Act 1985 (7/1985)
• Local Government Act 1991 (11/1991)
• Local Government Act 1994 (8/1994)
• Local Government (Financial Provisions) Act 1997 (29/1997)
• Local Government Act 1998 (16/1998)
• Local Government (Financial Provisions) Act 2000 (6/2000)
• Local Government Act 2001 (37/2001) (other than ss. 163, 164 and 211 and Parts 23 and 24)
• Local Government Act 2003 (8/2003)
• Local Government (No. 2) Act 2003 (17/2003)
• Electoral (Amendment) Act 2004 (15/2004), s. 34
• Local Government (Business Improvement Districts) Act 2006 (42/2006), ss. 2 to 7
• Water Services Act 2007 (30/2007), ss. 1(7), 13 and 115
• Copyright and Related Rights (Amendment) Act 2007 (39/2007), Part 3
• Local Government (Miscellaneous Provisions) Act 2012 (17/2012), Part 4
• Electoral, Local Government and Planning and Development Act 2013 (27/2013), Part 9
• Local Government Reform Act 2014 (1/2014), other than s. 1(3) to (8), s. 5(3) to (5) and sch. 2
• Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 57
• Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), ss. 1(2)(c), 52
• Local Government Act 2019 (1/2019)
• Local Government Rates and other Matters Act 2019 (24/2019), other than ss. 23-26
• Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), s. 2
Acts previously included in the group but now repealed are:
• Local Government (Amendment) Act 1930 (26/1930)
• Local Government Act 1933 (5/1933)
• Local Government (Amendment) Act 1934 (5/1934)
• Local Government (Amendment) (No. 2) Act 1934 (44/1934)
• Local Government Act 1936 (46/1936)
• Local Government (Amendment) Act 1939 (9/1939)
• Local Government Act 1953 (12/1953)
• Local Government Act 1958 (9/1958)
• Local Government Act 1959 (10/1959)
• Local Government Act 1960 (23/1960)
• Local Government (Roads and Motorways) Act 1974 (6/1974)
• Local Government (Toll Roads) Act 1979 (34/1979)
• Local Government Act 2000 (25/2000)
Planning and Development Acts 2000 to 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 1(2)). The Acts in the group are:
• Planning and Development Act 2000 (30/2000)
• Local Government Act 2001 (37/2001), ss. 2, 5(3) and sch. 4 (in so far as they relate to the Act of 2000) and s. 247
• Planning and Development (Amendment) Act 2002 (32/2002), Parts 2 and 3
• Housing (Miscellaneous Provisions) Act 2004 (43/2004), s. 2
• Planning and Development (Strategic Infrastructure) Act 2006 (27/2006)
• Water Services Act 2007 (30/2007), ss. 114 and 1(6)
• Harbours (Amendment) Act 2009 (26/2009), ss. 7(1), (2) and 21(3)
• Compulsory Purchase Orders (Extension of Time Limits) Act 2010 (17/2010)
• Planning and Development (Amendment) Act 2010 (30/2010) (other than Part 3)
• Environment (Miscellaneous Provisions) Act 2011 (20/2011), Part 5
• Electoral, Local Government and Planning and Development Act 2013 (27/2013), Part 8
• Local Government Reform Act 2014 (1/2014), ss. 1(8), 5(7) and sch. 2 part 4.
• Urban Regeneration and Housing Act 2015 (33/2015)
• Planning and Development (Amendment) Act 2015 (63/2015)
• Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), ss. 1(1), (2)(a), (3), 2-29
• Planning and Development (Amendment) Act 2017 (20/2017)
• Planning and Development (Amendment) Act 2018 (16/2018)
• Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), Part 3
• Residential Tenancies (Amendment) Act 2019 (14/2019), s. 38
• European Union (Waste Water Discharge) Regulations 2020 (S.I. No. 214 of 2020), Part II
• Local Government Rates and other Matters Act 2019 (24/2019), ss. 23, 24
• Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 9
• Planning and Development, and Residential Tenancies, Act 2020 (27/2020)
• Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), Part 2 chs. 2, 5
• Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021)
• Maritime Area Planning Act 2021 (50/2021), Part 8 (ss. 171-174) and schs. 10-12
• Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), Part 2 (ss. 2-41)
• Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), Part 2 (ss. 2-14)
Local Government (Sanitary Services) Acts 1878 to 2001: this Act (Part 9, Chapter 5) is one of a group of Acts included in this collective citation, to be construed together as one (Local Government Act 2001, s. 1(4)). The Acts in the group are:
• Public Health (Ireland) Act 1878 (41 & 42 Vict. c. 52)
• Public Health (Ireland) Amendment Act 1879 (42 & 43 Vict. c. 57)
• Public Health Acts Amendment Act 1890 (53 & 54 Vict. c. 59)
• Public Health (Ireland) Act 1896 (59 & 60 Vict. c. 19 & c. 54)
• Public Health Acts Amendment Act 1907 (7 Edw. 7. c. 53)
• Local Government Act 1925 (5/1925), Part II
• Local Government (Sanitary Services) Act 1948 (3/1948)
• Local Government (Sanitary Services) (Joint Burial Boards) Act 1952 (22/1952)
• Local Government (Sanitary Services) Act 1962 (26/1962)
• Local Government (Sanitary Services) Act 1964 (29/1964)
• Local Government (Delimitation of Water Supply Disconnection Powers) Act 1995 (18/1995)
• Local Government Act 2001 (37/2001), Part 9, Chapter 5
Acts previously included in the group but now repealed are:
• Public Health (Ireland) Amendment Act 1884 (47 & 48 Vict. c. 77)
• Public Health (Ireland) Act 1900 (63 & 64 Vict. c. 10)
• Public Health (Prevention and Treatment of Disease) (Ireland) Act 1917 (7 & 8 Geo. 5. c. 40)
• Public Health (Borrowing Powers) (Ireland) Act 1918 (8 & 9 Geo. 5. c. 35)
• Public Health (Medical Treatment of Children) (Ireland) Act 1919 (9 & 10 Geo. 5. c. 16)
• Local Government Act 1927 (3/1927), so much as relates to public health
• Public Health (Special Expenses) Act 1931 (3/1931)
• Local Government (Sanitary Services) Act 1962 (26/1962)
• Local Government (Delimitation of Water Supply Disconnection Powers) Act 1995 (18/1995)
Roads Acts 1993 to 2015: this Act is one of a group of Acts included in this collective citation, to be read together as one (Roads Act 2015, s. 1(2)). The Acts in the group are:
• Roads Act 1993 (14/1993)
• Roads (Amendment) Act 1998 (23/1998), (other than s. 7)
• Planning and Development Act 2000 (30/2000), s. 215 and Part XX
• Local Government Act 2001 (37/2001), ss. 81 and 245
• Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 51
• Roads Act 2007 (34/2007), other than ss. 12 and 13
• Roads Act 2015 (14/2015)
Temple Bar Area Renewal and Development Acts 1991 and 2001: this Act (Part 23) is one of a group of Acts included in this collective citation, to be construed together as one (Local Government Act 2001, s. 1(6)). The Acts in the group are:
• Temple Bar Area Renewal and Development Act 1991 (19/1991)
• Local Government Act 2001 (37/2001), Part 23
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022)
• Electoral Reform Act 2022 (30/2022)
• Land Development Agency Act 2021 (26/2021)
• Affordable Housing Act 2021 (25/2021)
• Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020)
• Local Government Rates and other Matters Act 2019 (24/2019)
• Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019)
• Local Government Act 2019 (1/2019)
• Criminal Justice (Corruption Offences) Act 2018 (9/2018)
• Harbours Act 2015 (61/2015)
• Housing (Miscellaneous Provisions) Act 2014 (21/2014)
• Local Government Reform Act 2014 (1/2014)
• Water Services (No. 2) Act 2013 (50/2013)
• Child and Family Agency Act 2013 (40/2013)
• Electoral, Local Government and Planning and Development Act 2013 (27/2013)
• Education and Training Boards Act 2013 (11/2013)
• Civil Defence Act 2012 (51/2012)
• Local Government (Miscellaneous Provisions) Act 2012 (17/2012)
• Environment (Miscellaneous Provisions) Act 2011 (20/2011)
• Ministers and Secretaries (Amendment) Act 2011 (10/2011)
• Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)
• Housing (Miscellaneous Provisions) Act 2009 (22/2009)
• Copyright and Related Rights (Amendment) Act 2007 (39/2007)
• Water Services Act 2007 (30/2007)
• Local Government (Business Improvement Districts) Act 2006 (42/2006)
• Health Act 2004 (42/2004)
• Public Service Management (Recruitment and Appointments) Act 2004 (33/2004)
• Health (Amendment) Act 2004 (19/2004)
• Electoral (Amendment) Act 2004 (15/2004)
• Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004)
• Arts Act 2003 (24/2003)
• Local Government (No. 2) Act 2003 (17/2003)
• Planning and Development Act 2000 (30/2000)
• Waste Management Act 1996 (10/1996)
All Acts up to and including Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021)
• Local Government (Remuneration of Local Authority Members) Regulations 2021 (S.I. No. 312 of 2021)
• County Of Kerry Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 157 of 2021)
• County Of Tipperary Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 156 of 2019)
• County Of Cork Local Electoral Areas And Municipal Districts Order 2019 (S.I. No. 28 of 2019)
• City Of Cork Local Electoral Areas Order 2019 (S.I. No. 27 of 2019)
• Local Government Act 2001 (Commencement) Order 2019 (S.I. No. 24 of 2019)
• County Of Meath Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 8 of 2019)
• County Of Wicklow Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 7 of 2019)
• County Of Louth Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 6 of 2019)
• County of Wicklow Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 638 of 2018)
• County of Wexford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 637 of 2018)
• County of Westmeath Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 636 of 2018)
• City and County of Waterford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 635 of 2018)
• County of Tipperary Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 634 of 2018)
• County of South Dublin Local Electoral Areas Order 2018 (S.I. No. 633 of 2018)
• County of Sligo Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 632 of 2018)
• County of Roscommon Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 631 of 2018)
• County of Offaly Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 630 of 2018)
• County of Monaghan Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 629 of 2018)
• County of Meath Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 628 of 2018)
• County of Mayo Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 627 of 2018)
• County of Louth Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 626 of 2018)
• County of Longford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 625 of 2018)
• City and County of Limerick Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 624 of 2018)
• County of Leitrim Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 623 of 2018)
• County of Laois Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 622 of 2018)
• County of Kilkenny Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 621 of 2018)
• County of Kildare Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 620 of 2018)
• County of Kerry Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 619 of 2018)
• County of Galway Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 618 of 2018)
• City of Galway Local Electoral Areas Order 2018 (S.I. No. 617 of 2018)
• County of Fingal Local Electoral Areas Order 2018 (S.I. No. 616 of 2018)
• County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2018 (S.I. No. 615 of 2018)
• City of Dublin Local Electoral Areas Order 2018 (S.I. No. 614 of 2018)
• County of Donegal Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 613 of 2018)
• County of Clare Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 612 of 2018)
• County of Cavan Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 611 of 2018)
• County of Carlow Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 610 of 2018)
• National Oversight and Audit Commission (Number of Members) Order 2018 (S.I. No. 442 of 2018)
• Local Government (Expenses of Local Authority Members) (Amendment) Regulations 2017 (S.I. No. 494 of 2017)
• Community Development (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 357 of 2017)
• National Oversight and Audit Commission (Number of Members) Order 2016 (S.I. No. 536 of 2016)
• Local Government (Audit Fees) Regulations 2015 (S.I. No. 447 of 2015)
• Local Government (Prescribed Bodies) Regulations 2015 (S.I. No. 446 of 2015)
• Local Government (Financial and Audit Procedures) (Amendment) Regulations 2015 (S.I. No. 363 of 2015)
• Local Government (Audit Fees) Regulations 2015 (S.I. No. 109 of 2015)
• Local Government Act 1991 (Regional Assemblies) (Establishment) (Amendment) Order 2015 (S.I. No. 62 of 2015)
• Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015)
• Local Government (Appointment of Chief Executive) Regulations 2014 (S.I. No. 589 of 2014)
• Local Government Act 1991 (Regional Assemblies) (Establishment) Order 2014 (S.I. No. 573 of 2014)
• Local Community Development Committee (Section 128E) (Amendment) (No. 1) Regulations 2014 (S.I. No. 314 of 2014)
• National Oversight and Audit Commission (Number of Members) Order 2014 (S.I. No. 298 of 2014)
• National Oversight and Audit Commission (Establishment) Order 2014 (S.I. No. 297 of 2014)
• Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014)
• Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014)
• Local Community Development Committee (Section 128E) Regulations 2014 (S.I. No. 234 of 2014)
• Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014)
• Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014)
• Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014)
• County of Wicklow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 70 of 2014)
• County of Wexford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 69 of 2014)
• County of Westmeath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 68 of 2014)
• City and County of Waterford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 67 of 2014)
• County of Tipperary Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 66 of 2014)
• County of South Dublin Local Electoral Areas Order 2014 (S.I. No. 65 of 2014)
• County of Sligo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 64 of 2014)
• County of Roscommon Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 63 of 2014)
• County of Offaly Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 62 of 2014)
• County of Monaghan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 61 of 2014)
• County of Meath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 60 of 2014)
• County of Mayo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 59 of 2014)
• County of Louth Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 58 of 2014)
• County of Longford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 57 of 2014)
• City and County of Limerick Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 56 of 2014)
• County of Leitrim Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 55 of 2014)
• County of Laois Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 54 of 2014)
• County of Kilkenny Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 53 of 2014)
• County of Kildare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 52 of 2014)
• County of Kerry Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 51 of 2014)
• County of Galway Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 50 of 2014)
• City of Galway Local Electoral Areas Order 2014 (S.I. No. 49 of 2014)
• County of Fingal Local Electoral Areas Order 2014 (S.I. No. 47 of 2014)
• County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2014 (S.I. No. 46 of 2014)
• City of Dublin Local Electoral Areas Order 2014 (S.I. No. 45 of 2014)
• County of Donegal Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 44 of 2014)
• County of Cork Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 43 of 2014)
• County of Clare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 42 of 2014)
• County of Cavan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 41 of 2014)
• County of Carlow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 40 of 2014)
• Local Government Act 2001 (Commencement of Certain Provisions) Order 2014 (S.I. No. 37 of 2014)
• Local Government (Financial Procedures and Audit) (Amendment) Regulations 2014 (S.I. No. 8 of 2014)
• Local Government Act 2001 (Appointment of Manager)(Waterford) Order 2013 (S.I. No. 583 of 2013)
• Local Government Act 2001 (Specified Council)(Waterford) Order 2013 (S.I. No. 582 of 2013)
• Local Government (Prescribed Bodies) Regulations 2013 (S.I. No. 457 of 2013)
• Local Government (Audit Fees) Regulations 2013 (S.I. No. 456 of 2013)
• Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013)
• Local Government Act 2001 (section 230) Order 2013 (S.I. No. 447 of 2013) (S.I. No. 447 of 2013)
• Local Government Act 2001 (Commencement) Order 2013 (S.I. No. 446 of 2013) (S.I. No. 446 of 2013)
• Local Government Act 2001 (Specified Council) (Tipperary) Order 2013 (S.I. No. 430 of 2013)
• Local Government Act 2001 (Appointment of Manager) (Tipperary) Order 2013 (S.I. No. 429 of 2013)
• Copyright and Related Rights (Public Lending Remuneration Scheme) (Amendment) Regulations 2013 (S.I. No. 221 of 2013)
• Local Government (Tenure of Office of Managers) (Amendment No. 2) Regulations 2012 (S.I. No. 406 of 2012)
• Local Government Act 2001 (Specified Council) (Limerick) Order 2012 (S.I. No. 271 of 2012)
• Local Government (Tenure of Office of Managers) (Amendment) Regulations 2012 (S.I. No. 157 of 2012)
• Local Government (Tenure of Office of Managers) Regulations 2012 (S.I. No. 50 of 2012)
• Local Government (Tenure of Office of Managers) Regulations 2011 (S.I. No. 573 of 2011)
• European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)
• Local Government Act 2001 (Commencement) Order 2011 (S.I. No. 447 of 2011)
• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)
• Housing (Transfer of Functions) Order 2011 (S.I. No. 85 of 2011)
• Local Government Act 2001 (Section 142) Regulations 2010 (S.I. No. 37 of 2010)
• Copyright and Related Rights (Public Lending Remuneration Scheme) Regulations 2008 (S.I. No. 597 of 2008)
• Local Government (Financial Procedures and Audit) Regulations 2002 (Amendment) Order 2008 (S.I. No. 467 of 2008)
• Local Government (An Chomhairle Leabharlanna) (Amendment) Regulations 2008 (S.I. No. 55 of 2008)
• Roads and Road Vehicles (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 815 of 2007)
• Local Government (An Chomhairle Leabharlanna) (Amendment) Regulations 2007 (S.I. No. 708 of 2007)
• Local Government (Business Improvement Districts Ratepayer Plebiscite) Regulations 2007 (S.I. No. 166 of 2007)
• Local Authority Members (Gratuity) (Amendment) Regulations 2006 (S.I. 674 of 2006)
• Local Government (Expenses of Local Authority Members) Regulations 2006 (S.I. No. 668 of 2006)
• Local Government Act 2001 (Bye-Laws) Regulations 2006 (S.I. No. 362 of 2006)
• Local Government Act 2001 (Commencement) Order 2006 (S.I. No. 361 of 2006)
• Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004)
• Local Government Act 2001 (Commencement) Order 2004 (S.I. No. 217 of 2004)
• Local Government Act 2001 (Section 161) Order 2004 (S.I. No. 216 of 2004)
• Athlone Town Boundary Alteration (Supplementary) Order 2003 (S.I. No. 705 of 2003)
• Local Government (Audit Fees) Regulations 2003 (S.I. No. 622 of 2003)
• Local Authority Members (Gratuity) (Amendment) Regulations 2003 (S.I. No. 302 of 2003)
• Local Government Act 2001 (Section 237A) Regulations 2003 (S.I. No. 274 of 2003)
• Local Government Act 2001 (Part 15) Regulations 2003 (S.I. No. 73 of 2003)
• Local Government (Tenure of Office of Managers) Regulations 2003 (S.I. No. 47 of 2003)
• Local Government (An Chomhairle Leabharlanna) (Amendment) Regulations 2003 (S.I. No. 28 of 2003)
• Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002)
• Local Government Act 2001 (Section 231) Order 2002 (S.I. No. 531 of 2002)
• Local Government (Financial Procedures and Audit) Regulations 2002 (S.I. No. 508 of 2002)
• Local Government Act 2001 (Commencement) (No. 5) Order 2002 (S.I. No. 507 of 2002)
• Local Authority Members (Gratuity) (Amendment) Regulations 2002 (S.I. No. 378 of 2002)
• Local Authority Members (Gratuity) Regulations 2002 (S.I. 281 of 2002)
• Local Government Act 2001 (Commencement) (No. 4) Order 2002 (S.I. No. 250 of 2002)
• Local Government Act 2001 (Commencement) (No. 3) Order 2002 (S.I. No. 218 of 2002)
• Local Government Act 2001 (County Tipperary Joint Libraries Committee) Regulations 2002 (S.I. No. 214 of 2002)
• Local Government Act 2001 (Commencement) (No. 2) Order 2002 (S.I. No. 213 of 2002)
• Local Government Act 2001 (Meetings) Regulations 2002 (S.I. No. 66 of 2002)
• Local Government Act 2001 (Commencement) Order 2002 (S.I. No. 65 of 2002)
• Local Government Act 2001 (Establishment Day) Order 2001 (S.I. No. 591 of 2001)
• Local Government Act 2001 (Supplementary Provisions) Regulations 2001 (S.I. No. 590 of 2001)
• Local Government Act 2001 (County and City Development Boards) Order 2001 (S.I. No. 589 of 2001)
• Local Government Act 2001 (Commencement) (No. 3) Order 2001 (S.I. No. 588 of 2001)
• Local Government (Representational Payment For Members) Regulations 2001 (S.I. No. 552 of 2001)
• Local Government Act 2001 (Commencement) (No. 2) Order 2001 (S.I. No. 551 of 2001)
• Local Government Act 2001 (Commencement) Order 2001 (S.I. No. 458 of 2001)
• Local Government (An Chomhairle Leabharlanna) Regulations 1997 (S.I. No. 499 of 1997)
All statutory instruments up to and including European Union (Food and Feed Hygiene) (Amendment) Regulations 2022 (S.I. No. 744 of 2022), made 20 December 2022, were considered in the preparation of this revision.
Number 37 of 2001
LOCAL GOVERNMENT ACT 2001
REVISED
Updated to 21 December 2022
ARRANGEMENT OF SECTIONS
Preliminary and General
|
Section |
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1. |
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2. |
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3. |
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4. |
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5. |
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6. |
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7. |
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8. |
Local Government Areas and Local Authorities
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9. |
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10. |
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11. |
Establishment, titles and administrative areas of local authorities and consequential provisions. |
Local Authority Membership
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12. |
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13. |
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13A. |
Application of disqualification to members of Dáil Éireann and Seanad Éireann. |
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14. |
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15. |
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16. |
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17. |
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18. |
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19. |
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19A. |
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20. |
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21. |
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22. |
Municipal Districts
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22A. |
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22B. |
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22C. |
Local Elections
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23. |
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24. |
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25. |
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26. |
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26A. |
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27. |
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28. |
Temporary arrangements with respect to certain polling districts and register of electors. |
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29. |
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30. |
Cathaoirleach and Leas-Chathaoirleach
General
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31. |
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32. |
Alternative titles to Cathaoirleach and Leas-Chathaoirleach, etc. |
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33. |
|
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34. |
Removal of Cathaoirleach or Leas-Chathaoirleach from office. |
Election by Local Authority
Direct Election
|
39. |
Application of Chapter 3. (Repealed) |
|
40. |
Direct election and tenure of Cathaoirleach of county council and city council. (Repealed) |
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41. |
Casual vacancy in office of Cathaoirleach of county council or city council. (Repealed) |
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42. |
Amendments to certain Acts, relating to direct elections, etc. (Repealed) |
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43. |
Election petitions in relation to direct elections. (Repealed) |
Meetings and Proceedings of Local Authorities
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44. |
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45. |
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46. |
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47. |
Committees and Joint Committees
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48. |
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49. |
Municipal policy committees. (Repealed) |
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49A. |
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50. |
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51. |
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52. |
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53. |
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54. |
Local Authority Boundary Alteration
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55. |
Interpretation (Part 8). (Repealed) |
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56. |
Proposal by local authority for alteration of boundary. (Repealed) |
|
57. |
Application for boundary alteration. (Repealed) |
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58. |
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59. |
Minister may request review. (Repealed) |
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60. |
Report by Local Government Commission. (Repealed) |
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61. |
Power to alter boundaries, etc. (Repealed) |
|
62. |
Functions of Local Authorities
General Functions of Local Authorities
Ceremonial Functions
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74. |
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75. |
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76. |
Library and Archival Functions
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77. |
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78. |
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79. |
An Chomhairle Leabharlanna. (Repealed) |
|
80. |
Non-Public Roads — Local Improvement Schemes
|
81. |
Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc.
|
82. |
|
|
83. |
Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc. |
|
84. |
Saver (Chapter 5). (Repealed) |
Agreements and arrangements concerning functions
|
85. |
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86. |
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87. |
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88. |
Local Government Commission
|
89. |
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90. |
Functions of Commission. (Repealed) |
|
91. |
Members of Commission. (Repealed) |
|
92. |
Eligibility and tenure of office of members, etc. (Repealed) |
|
93. |
Meetings and procedures of Commission. (Repealed) |
|
94. |
Services to Commission. (Repealed) |
|
95. |
Submissions to Commission. (Repealed) |
Financial Procedures and Audit
Financial Procedures
|
96. |
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97. |
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98. |
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99. |
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100. |
County council expenditure: town services. (Repealed) |
|
101. |
Expenses of certain town councils. (Repealed) |
|
102. |
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103. |
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103A. |
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104. |
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105. |
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106. |
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107. |
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108. |
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109. |
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110. |
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111. |
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112. |
Obligations in case of proposal involving illegal payment, deficiency or loss. |
|
113. |
Audit
|
114. |
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115. |
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116. |
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117. |
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118. |
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119. |
Right of auditor to inspect documents, obtain information, etc. |
|
120. |
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|
121. |
Consideration of annual financial statement and auditor’s report. |
|
122. |
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123. |
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124. |
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125. |
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126. |
National Oversight and Audit Commission
|
126A. |
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126B. |
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126C. |
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126D. |
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126E. |
Requests for information, etc., made to local government body, etc. |
|
126F. |
Requests for information, etc., made to certain public authorities. |
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126G. |
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126H. |
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126I. |
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126J. |
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126K. |
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126L. |
Local Authorities and the Local Community
|
127. |
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|
128. |
Local Community Development Committees
|
128A. |
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128B. |
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128C. |
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128D. |
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128E. |
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128F. |
|
129. |
County or City Development Boards. (Repealed) |
Business Improvement Districts
|
129A. |
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|
129B. |
Rating authority approval of a business improvement district scheme. |
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129C. |
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129D. |
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129E. |
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129F. |
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129G. |
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129H. |
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129I. |
|
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129J. |
BID company to meet and adopt first budget following approval of BID scheme. |
|
129K. |
Separate BID fund to be established following approval of BID scheme. |
|
129L. |
|
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129M. |
|
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129N. |
|
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129O. |
Recalculation of levy in event of total destruction or demolition of property. |
|
129P. |
Recalculation of levy if valuation amended during chargeable period. |
|
129Q. |
|
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129R. |
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129S. |
|
|
129T. |
The Local Government Service
The Elected Council
|
130. |
|
|
131. |
|
|
131A. |
Performance of reserved functions in respect of municipal district members. |
|
131B. |
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132. |
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133. |
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134. |
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134A. |
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135. |
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136. |
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137. |
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138. |
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139. |
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140. |
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|
141. |
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|
142. |
|
|
143. |
Position of Chief Executive
|
144. |
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145. |
|
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146. |
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|
147. |
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148. |
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149. |
|
|
149A. |
Procedural Matters
|
150. |
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151. |
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152. |
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153. |
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154. |
Local Authority Personnel
Ethical Framework for the Local Government Service
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166. |
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167. |
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168. |
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169. |
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170. |
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171. |
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172. |
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173. |
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174. |
|
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175. |
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176. |
|
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177. |
Disclosure by member of local authority of pecuniary or other beneficial interests. |
|
178. |
Disclosure by manager for local authority of pecuniary or other beneficial interests. |
|
179. |
Disclosure by employee, etc. of local authority of pecuniary or other beneficial interests. |
|
180. |
|
|
181. |
|
|
182. |
Consequences of failure to comply with sections 171, 177, 178 and 179. |
Land
|
183. |
|
|
184. |
Establishment of New Town Councils, etc.
|
185. |
Establishment of town council. (Repealed) |
|
186. |
First election to town council. (Repealed) |
|
187. |
Dissolution of town council. (Repealed) |
Changing of Names of Areas and Display of Names of Streets, etc.
|
188. |
|
|
189. |
|
|
190. |
Change of placename of place situated in more than one local authority area. |
|
191. |
|
|
192. |
|
|
193. |
|
|
194. |
|
|
195. |
Changing of name of locality situated in more than one local authority area. (Repealed) |
|
196. |
|
|
197. |
Display of name of street, etc. (Repealed) |
Bye-Laws
|
198. |
|
|
199. |
|
|
200. |
|
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201. |
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202. |
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203. |
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204. |
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205. |
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206. |
|
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207. |
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208. |
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209. |
|
|
210. |
|
|
211. |
Entry Year Property Levy
Public Local Inquiries
|
212. |
|
|
213. |
|
|
214. |
Power to direct payment of certain costs in relation to a public local inquiry, etc. |
Consequential Provisions on Failure to Perform Functions
|
215. |
|
|
216. |
|
|
217. |
|
|
218. |
|
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219. |
|
|
220. |
Miscellaneous
|
221. |
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|
222. |
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223. |
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224. |
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|
225. |
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226. |
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227. |
Reclaimed land and structures to form part of local authority area. |
|
228. |
|
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229. |
|
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230. |
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231. |
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232. |
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233. |
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234. |
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235. |
|
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236. |
|
|
237. |
|
|
237A. |
Regulations relating to members of House of Oireachtas. |
Transfer of Temple Bar Properties Limited to Dublin City Council
|
238. |
|
|
239. |
Transfer of Temple Bar Properties Limited to Dublin City Council. |
|
240. |
|
|
241. |
|
|
242. |
Miscellaneous Amendments
|
243. |
|
|
244. |
|
|
245. |
|
|
246. |
|
|
247. |
Additional amendments to Planning and Development Act, 2000. |
Acts included in collective citation — Local Government Acts, 1925 to 2001
Construction of Certain Terms in Other Enactments
Enactments Repealed and Revoked
Minor and consequential Amendments to Acts
Local Government Areas
Local Government Areas (Towns) (Repealed)
Number of Members of Local Authorities
Alternative Titles to Cathaoirleach and Leas-Chathaoirleach, etc.
Minor and Consequential Amendments relating to Direct Elections, etc. (repealed)
Meetings and Proceedings of Local Authorities
|
1. |
|
|
2. |
|
|
3. |
|
|
4. |
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|
5. |
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|
6. |
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7. |
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8. |
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9. |
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10. |
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11. |
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12. |
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13. |
|
|
14. |
|
|
15. |
Record of attendance at meetings and address for correspondence. |
|
16. |
|
|
17. |
|
|
18. |
|
|
19. |
Local Authority Boundary Alteration
Acts of the Oireachtas: Functions of Local Authorities
Amenities, Recreation and Other Functions
Certain Reserved Functions
Reserved Functions
Functions to be done by Manager’s Order
Relevant Bodies to which Section 128F(1)(d) Relates
|
Acts Referred to |
||
|
Abattoirs Act, 1988 |
||
|
Air Pollution Act, 1987 |
||
|
Air-raid Precautions Acts, 1939 and 1946 |
||
|
Arterial Drainage Acts, 1945 and 1995 |
||
|
Arts Acts, 1951 and 1973 |
||
|
Building Control Act, 1990 |
||
|
Canals Act, 1986 |
||
|
Casual Trading Act, 1995 |
||
|
City and County Management (Amendment) Act, 1955 |
||
|
Civil Service Regulation Act, 1956 |
||
|
Coast Protection Act, 1963 |
||
|
Commissioners Clauses Act, 1847 |
10 & 11 Vict. c. 16 |
|
|
Companies Act, 1963 |
||
|
Companies Acts, 1963 to 1999 |
||
|
Control of Dogs Act, 1986 |
||
|
Control of Dogs Acts, 1986 and 1992 |
||
|
Control of Dogs (Amendment) Act, 1992 |
||
|
Control of Horses Act, 1996 |
||
|
Cork City Management Act, 1929 |
||
|
Cork City Management (Amendment) Act, 1941 |
||
|
Cork City Management (Amendment) Act, 1965 |
||
|
Coroners Act, 1962 |
||
|
Counties and Boroughs (Ireland) Act, 1840 |
3 & 4 Vict. c. 109 |
|
|
County Dublin Grand Jury Act, 1844 |
7 & 8 Vict. c. 106 |
|
|
County Management Act, 1940 |
||
|
County Management (Amendment) Act, 1942 |
||
|
County Management (Amendment) Act, 1972 |
||
|
County Treasurers (Ireland) Act, 1867 |
30 & 31 Vict. c. 46 |
|
|
Courthouses (Provision and Maintenance) Act, 1935 |
||
|
Courts (Establishment and Constitution) Act, 1961 |
||
|
Dangerous Substances Acts, 1972 and 1979 |
||
|
Derelict Sites Act, 1990 |
||
|
Development and Road Improvement Funds Act, 1909 |
9 Edw. 7. c. 47 |
|
|
Dublin Docklands Development Authority Act, 1997 |
||
|
Dublin Transport Authority (Dissolution) Act, 1987 |
||
|
Ethics in Public Office Act, 1995 |
||
|
Electoral Act, 1963 |
||
|
Electoral Act, 1992 |
||
|
Electoral Act, 1997 |
||
|
Electoral Act, 1992 to 1999 |
||
|
Electoral (Amendment) Act, 1998 |
||
|
Environmental Protection Agency Act, 1992 |
||
|
European Parliament Elections Act, 1997 |
||
|
Finance (Excise Duties) (Vehicles) Act, 1952 |
||
|
Fire Services Act, 1981 |
||
|
Food Safety Authority of Ireland Act, 1998 |
||
|
Foreshore Acts, 1933 to 1998 |
||
|
Gaming and Lotteries Act, 1956 |
||
|
Grand Jury (Ireland) Act, 1836 |
6 & 7 Will. 4 c. 116 |
|
|
Grand Jury (Ireland) Act, 1853 |
16 & 17 Vict. c. 136 |
|
|
Harbours Act, 1946 |
||
|
Harbours Act, 1996 |
||
|
Harbours Acts, 1946 to 1976 |
||
|
Health Act, 1970 |
||
|
Health Acts, 1947 to 2001 |
||
|
Health (Eastern Regional Health Authority) Act, 1999 |
||
|
Health (Fluoridation of Water Supplies) Act, 1960 |
||
|
Holidays (Employees) Act, 1973 |
||
|
Housing Act, 1966 |
||
|
Housing Act, 1988 |
||
|
Housing Acts, 1966 to 1998 |
||
|
Housing (Miscellaneous Provisions) Act, 1992 |
||
|
Housing (Private Rented Dwellings) Acts, 1982 and 1983 |
||
|
Housing (Traveller Accommodation) Act, 1998 |
||
|
Industrial Development Act, 1986 |
||
|
Industrial Development Act, 1995 |
||
|
Interpretation Act, 1937 |
||
|
Limerick City Management Act, 1934 |
||
|
Limerick City Management Act, 1950 |
||
|
Litter Pollution Act, 1997 |
||
|
Local Authorities (Acceptance of Gifts) Act, 1945 |
||
|
Local Authorities (Cost of Living) Act, 1940 |
||
|
Local Authorities (Cost of Living) (Amendment) Act, 1945 |
||
|
Local Authorities (Electrical Employees) Act, 1937 |
||
|
Local Authorities (Higher Education Grants) Acts, 1968 to 1992 |
||
|
Local Authorities (Miscellaneous Provisions) Act, 1936 |
||
|
Local Authorities (Mutual Assurance) Acts, 1926 to 1935 |
||
|
Local Authorities (Officers and Employees) Act, 1926 |
||
|
Local Authorities (Officers and Employees) Acts, 1926 to 1983 |
||
|
Local Authorities (Traffic Wardens) Acts, 1975 and 1987 |
||
|
Local Authorities (Works) Act, 1949 |
||
|
Local Elections Acts, 1974 to 1999 |
||
|
Local Elections (Disclosure of Donations and Expenditure) Act, 1999 |
||
|
Local Elections (Petitions and Disqualifications) Act, 1974 |
||
|
Local Government Act, 1925 |
||
|
Local Government Act, 1927 |
||
|
Local Government Act, 1941 |
||
|
Local Government Act, 1946 |
||
|
Local Government Act, 1955 |
||
|
Local Government Act, 1958 |
||
|
Local Government Act, 1959 |
||
|
Local Government (No. 2) Act, 1960 |
||
|
Local Government Act, 1991 |
||
|
Local Government Act, 1994 |
||
|
Local Government Act, 1998 |
||
|
Local Government Act, 2000 |
||
|
Local Government (Amendment) (No. 2) Act, 1934 |
||
|
Local Government Board (Ireland) Act, 1872 |
35 & 36 Vict. c. 69 |
|
|
Local Government (Buncrana) Act, 1968 |
||
|
Local Government (Collection of Rates) Act, 1924 |
||
|
Local Government (Dublin) Act, 1930 |
||
|
Local Government (Dublin) Act, 1945 |
||
|
Local Government (Dublin) Act, 1993 |
||
|
Local Government (Financial Provisions) Act, 1978 |
||
|
Local Government (Financial Provisions) Act, 1983 |
||
|
Local Government (Financial Provisions) (No. 2) Act, 1983 |
||
|
Local Government (Financial Provisions) Act, 1997 |
||
|
Local Government (Financial Provisions) Act, 2000 |
||
|
Local Government (Galway) Act, 1937 |
1937, No. 3 (Private) |
|
|
Local Government (Ireland) Act, 1871 |
34 & 35 Vict. c. 109 |
|
|
Local Government (Ireland) Act, 1898 |
61 & 62 Vict. c. 37 |
|
|
Local Government (Ireland) Act, 1900 |
63 & 64 Vict. c. 63 |
|
|
Local Government (Ireland) Act, 1902 |
2 Edw. 7. c. 38 |
|
|
Local Government (Multi-Storey Buildings) Act, 1988 |
||
|
Local Government (Nomination of Presidential Candidates) Act, 1937 |
||
|
Local Government (Planning and Development) Acts, 1963 to 1999 |
||
|
Local Government (Rateability of Rents) (Abolition) Act, 1971 |
||
|
Local Government (Rates) Act, 1970 |
||
|
Local Government (Reorganisation) Act, 1985 |
||
|
Local Government (Roads and Drainage) Act, 1968 |
||
|
Local Government (Sanitary Services) Act, 1948 |
||
|
Local Government (Sanitary Services) Act, 1964 |
||
|
Local Government (Sanitary Services) Acts, 1878 to 1995 |
||
|
Local Government (Sanitary Services) (Joint Burial Boards) Act, 1952 |
||
|
Local Government (Superannuation) Act, 1980 |
||
|
Local Government (Temporary Provisions) (Amendment) Act, 1924 |
||
|
Local Government (Water Pollution) Acts, 1977 and 1990 |
||
|
Local Government Services (Corporate Bodies) Act, 1971 |
||
|
Local Officers and Servants (Dublin) Act, 1941 |
||
|
Malicious Injuries Acts, 1981 and 1986 |
||
|
Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act, 1998 |
||
|
Municipal Corporations Act, 1882 |
45 & 46 Vict. c. 50 |
|
|
Municipal Corporations (Ireland) Act, 1840 |
3 & 4 Vict. c. 108 |
|
|
Municipal Corporations (Ireland) Act, 1843 |
6 & 7 Vict. c. 93 |
|
|
Municipal Corporations Mortgages etc. Act, 1860 |
23 & 24 Vict. c. 16 |
|
|
Municipal Elections (Corrupt and Illegal Practices) Act, 1884 |
47 & 48 Vict. c. 70 |
|
|
National Archives Act, 1986 |
||
|
National Monuments Acts, 1930 to 1994 |
||
|
Organisation of Working Time Act, 1997 |
||
|
Petty Sessions (Ireland) Act, 1851 |
14 & 15 Vict. c. 93 |
|
|
Planning and Development Act, 2000 |
||
|
Pounds (Provision and Maintenance) Act, 1935 |
||
|
Presidential Elections Act, 1993 |
||
|
Prevention of Corruptions Acts, 1889 to 1995 |
||
|
Public Health Acts Amendment Act, 1890 |
53 & 54 Vict. c. 59 |
|
|
Public Health Acts Amendment Act, 1907 |
7 Edw. 7. c. 53 |
|
|
Public Health (Ireland) Act, 1878 |
41 & 42 Vict. c. 52 |
|
|
Public Health (Ireland) Act, 1896 |
59 & 60 Vict. c. 54 |
|
|
Public Libraries Act, 1947 |
||
|
Regional Technical Colleges (Amendment) Act, 1999 |
||
|
Road Fund (Grants) (Temporary Provisions) Act, 1962 |
||
|
Roads Act, 1993 |
||
|
Roads Acts, 1993 and 1998 |
||
|
Road Traffic Acts, 1961 to 1995 |
||
|
Safety, Health and Welfare at Work Act, 1989 |
||
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School Attendance Act, 1926 |
||
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School Attendance Acts, 1926 to 1967 |
||
|
Seanad Electoral (Panel Members) Acts, 1947 and 1954 |
||
|
Social Welfare (Consolidation) Act, 1981 |
||
|
Survey (Ireland) Acts, 1825 to 1870 |
||
|
Temple Bar Area Renewal and Development Act, 1991 |
||
|
Town Renewal Act, 2000 |
||
|
Towns Improvement Clauses Act, 1847 |
10 & 11 Vict. c. 34 |
|
|
Towns Improvement (Ireland) Act, 1854 |
17 & 18 Vict. c. 103 |
|
|
Údarás na Gaeltachta Acts, 1979 to 1999 |
||
|
Unemployment (Relief Works) Act, 1940 |
||
|
Unfair Dismissals Act, 1977 |
||
|
Universities Act, 1997 |
||
|
Urban Renewal Act, 1986 |
||
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Urban Renewal Act, 1998 |
||
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Vocational Education Act, 1930 |
||
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Vocational Education Acts, 1930 to 1999 |
||
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Waste Management Act, 1996 |
||
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Water Supplies Act, 1942 |
||
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Waterford City Management Act, 1939 |
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Number 37 of 2001
LOCAL GOVERNMENT ACT 2001
REVISED
Updated to 21 December 2022
AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO LOCAL GOVERNMENT AND, IN PARTICULAR, TO CONSOLIDATE WITH AMENDMENTS CERTAIN ENACTMENTS RELATING GENERALLY TO LOCAL AUTHORITIES. [21st July, 2001]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references construed (27.07.2017) by Community Development (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 357 of 2017), arts. 2, 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
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 Rural and Community Development.
(2) References to the Department of Housing, Planning, Community and Local Government contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Rural and Community Development.
3. (1) The functions vested in the Minister for Housing, Planning, Community and Local Government—
(a) by or under—
(i) the Acts specified in Part 1 of the Schedule,
(ii) the instruments specified in Part 2 of the Schedule,
and
(b) in relation to—
(i) any programmes, schemes and funds arising from the performance of the functions transferred by this Order, including the programmes, schemes and funds specified in Part 3 of the Schedule,
(ii) Pobal, and
(iii) Irish Water Safety
are transferred to the Minister for Rural and Community Development.
(2) References to the Minister for Housing, Planning, Community and Local Government contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Rural and Community Development.
...
SCHEDULE
PART 1
...
Sections 49A and 128A to 128F (inserted by section 36 of the Local Government Reform Act 2014), and section 4 in so far as it relates to regulations made under section 128E or to regulations made for the purposes of enabling section 128E to have full effect, of the Local Government Act 2001
Sections 66A to 66H (inserted by section 44 of the Local Government Reform Act 2014 (No. 1 of 2014)) of the Local Government Act 2001 (No. 37 of 2001)
Sections 77 (amended by section 5 of, and Part 1 of Schedule 1 to, the Local Government Reform Act 2014), 78 and 80 of the Local Government Act 2001
Section 127 (inserted by section 46 of the Local Government Reform Act 2014 ) of the Local Government Act 2001
...
C2
Application of collectively cited Planning and Development Acts 2000 to 2016 restricted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 4(1), S.I. No. 270 of 2017.
Strategic housing developments and planning applications
4. (1) Subject to subsection (4), during the specified period and notwithstanding anything to the contrary contained in any other provision of the Planning and Development Acts 2000 to 2016—
(a) an application for permission for a strategic housing development shall—
(i) be made to the Board under this section and not to a planning authority, other than an application for permission, the purpose of which is as set out in section 34(3A) of the Act of 2000,
(ii) be so made only where section 6(7)(b) applies or, in the case that a request is made under section 7(1), when the Board has complied with the request pursuant to section 7(2),
(iii) be so made only where the applicant for permission has fulfilled the requirements set out in section 8,
(iv) be in such form and contain such information as is prescribed, and
(v) be accompanied by the appropriate fee,
and
(b) a copy of the application, shall be sent by the applicant to the planning authority or authorities in whose area or areas the proposed strategic housing development would be situated.
...
C3
Reference to functions of a town council construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), S. 25(2), S.I. No. 214 of 2014.
Dissolution of town councils — consequential provisions
25. ...
(2) A function of a town council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a town council and whether of general application to town councils or otherwise under an enactment) that—
(a) has not been repealed or otherwise provided for by this Act, or
(b) is neither spent nor obsolete,
shall, if the context permits in respect of one or more than one town council concerned, be read as a reference to a function of the local authority in whose administrative area the town council so dissolved is situated.
...
C4
Alternate commencement date for certain amendments by Local Government Reform Act 2014 (1/2014) prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28, commenced on enactment as per subs. (5).
Elections to local authorities in 2014
28. (1) For the purpose of holding in 2014 elections of members of local authorities—
(a) the local government areas provided for by section 10 of, and Schedule 5 to, the Principal Act shall have effect as amended by section 12,
(b) the amendments by section 14 to section 11 of the Principal Act shall have effect,
(c) the numbers of members of local authorities provided for in section 21 of, and Schedule 7 to, the Principal Act shall have effect as amended by section 15,
(d) the amendments by section 20(1) to section 23 of the Principal Act shall have effect,
(e) such other amendments by this Act to the Principal Act as are necessary to enable the holding of local elections shall have effect, including amendments to section 2 of the Principal Act,
(f) the Electoral Acts 1992 to 2014, the Local Elections Acts 1974 to 2012 and the Local Elections Regulations 1995 (S.I. No. 297 of 1995) shall have effect as amended by section 5(4) and Part 2 of Schedule 2, and
(g) Schedule 6 to the Principal Act shall not have effect.
(2) For the purpose of subsection (1) and for the purpose of holding elections to local authorities after 2014, regulations and orders may be made by the Minister under the appropriate provisions of the Local Government Acts 1925 to 2014 having regard to paragraphs (a) to (f) of subsection (1).
...
(5) This section has effect upon the passing of this Act.
C5
Application of collectively cited Local Government (Sanitary Services) Acts 1878 to 2001 and Local Government Acts 1925 to 2003 and Roads Acts 1993 to 2007 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites
42. ...
(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.
...
Review of existing plans
46. ...
(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.
...
General provisions regarding licences etc
63. ...
(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.
...
SECOND SCHEDULE
|
Number |
Year |
Short Title/Citation |
|
... ... ... ... |
... ... ... ... |
... Local Government (Sanitary Services) Acts 1878 to 2001 ... Local Government Acts 1925 to 2003 ... Roads Acts 1993 to 2007 ... |
C6
Functions transferred from “specified bodies” to the “Executive” (1.01.2005) by Health Act 2004 (42/2004), s. 59 and sch. 3, S.I. No. 887 of 2004.
Transfer of functions of specified bodies to Executive.
59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.
(2) If a provision of an enactment referred to in Schedule 3 , or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.
(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:
(a) the chief executive officer of a health board;
(b) the Regional Chief Executive of the Eastern Regional Health Authority;
(c) the area chief executive of an Area Health Board.
(4) This section does not apply in relation to the functions of the Hospital Bodies Administrative Bureau.
...
SCHEDULE 3
Transfer of Functions and References to Functional Areas
Section 59 and 67 .
...
61. Local Government Act 2001 59
...
C7
Application of collectively cited Roads Acts 1993 to 2007 restricted by Planning and Development Act 2000 (30/2000), s. 177V(3), as inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
[Appropriate assessment.
177V.— ...
(3) Notwithstanding any other provision of this Act, or, as appropriate, the Act of 2001, or the Roads Acts 1993 to 2007, a competent authority shall make a Land use plan or give consent for proposed development only after having determined that the Land use plan or proposed development shall not adversely affect the integrity of a European site.
...]
Editorial Notes:
E1
Making any relevant communications about the development or zoning of land under collectively cited Planning and Development Acts 2000 to 2014 designated as lobbying activity (1.09.2015) by Regulation of Lobbying Act 2015 (5/2015), s. 5(1), S.I. No. 152 of 2015.
PART 1
Preliminary and General
Short title and collective citations.
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.
Annotations
Amendments:
F1
Deleted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.
Interpretation generally.
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.
Annotations
Amendments:
F2
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1, S.I. No. 214 of 2014.
F3
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1), 25(4)(a) and sch. 1 part 1 item 2, S.I. No. 214 of 2014.
F4
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1) and sch. 1 part 1, S.I. No. 214 of 2014.
F5
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1, S.I. No. 214 of 2014.
F6
Deleted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.
F7
Inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 2, S.I. No. 165 of 2007.
F8
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 21 item 1, S.I. No. 887 of 2004, art. 2(i).
F9
Substituted and inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 15 item 1, S.I. No. 502 of 2013.
F10
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1), 25(4)(a) and sch. 1 part 1 item 18, S.I. No. 214 of 2014.
Modifications (not altering text):
C8
References to "county council" and "city council", and to "administrative area of a county council" or "administrative area of a city coucil" construed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), (3),S.I. No. 214 of 2014.
Cesser and amalgamation of certain local government areas
9. ...
(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—
(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and
(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.
(3) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—
(a) to the administrative area of a county council or the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council or the administrative area of a city and county council, and
(b) to the administrative area of a county council and the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council and the administrative area of a city and county council.
C9
Alternate commencement date for amendments by Local Government Reform Act 2014 (1/2014) prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(e), commenced as per s. 28(5).
Elections to local authorities in 2014
28. (1) For the purpose of holding in 2014 elections of members of local authorities— ...
(e) such other amendments by this Act to the Principal Act as are necessary to enable the holding of local elections shall have effect, including amendments to section 2 of the Principal Act,
...
(5) This section has effect upon the passing of this Act.
Construction of enactments.
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.
Annotations
Editorial Notes:
E2
Power pursuant to section exercised (31.08.2015) by Local Government (Financial and Audit Procedures) (Amendment) Regulations 2015 (S.I. No. 363 of 2015).
E3
Power pursuant to section exercised (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), in effect as per reg. 2.
E4
Power pursuant to section exercised (1.01.2004) by Athlone Town Boundary Alteration (Supplementary) Order 2003 (S.I. No. 705 of 2003).
E5
Previous affecting provision: power pursuant to section exercised (13.01.2014) by Local Government (Financial Procedures and Audit) (Amendment) Regulations 2014 (S.I. No. 8 of 2014), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect.
E6
Previous affecting provision: power pursuant to section exercised (14.11.2008) by Local Government (Financial Procedures and Audit) Regulations 2002 (Amendment) Order 2008 (S.I. No. 467 of 2008), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect.
E7
Previous affecting provisions: power pursuant to section exercised (14.11.2002) by Local Government (Financial Procedures and Audit) Regulations 2002 (S.I. No. 508 of 2002); revoked (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), reg. 30, in effect as per reg. 2.
Regulations, orders and directions.
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).
Annotations
Editorial Notes:
E8
Power pursuant to section exercised (1.07.2021) by Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021), in effect as per reg. 2.
E9
Power pursuant to section exercised (1.07.2021) by Local Government (Remuneration of Local Authority Members) Regulations 2021 (S.I. No. 312 of 2021), in effect as per reg. 2.
E10
Power pursuant to section exercised (30.09.2015) by Local Government (Audit Fees) Regulations 2015 (S.I. No. 447 of 2015).
E11
Power pursuant to section exercised (31.08.2015) by Local Government (Financial and Audit Procedures) (Amendment) Regulations 2015 (S.I. No. 363 of 2015), in effect as per reg. 2.
E12
Power pursuant to section exercised (29.07.2015) by Local Government (Prescribed Bodies) Regulations 2015 (S.I. No. 446 of 2015).
E13
Power pursuant to section exercised (10.03.2015) by Local Government (Audit Fees) Regulations 2015 (S.I. No. 109 of 2015).
E14
Power pursuant to section exercised (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), in effect as per reg. 2.
E15
Power pursuant to section exercised (18.12.2014) by Local Government (Appointment of Chief Executive) Regulations 2014 (S.I. No. 589 of 2014).
E16
Power pursuant to section exercised (10.07.2014) by Local Community Development Committee (Section 128E) (Amendment) (No. 1) Regulations 2014 (S.I. No. 314 of 2014).
E17
Power pursuant to section exercised (1.06.2014) by Local Community Development Committee (Section 128E) Regulations 2014 (S.I. No. 234 of 2014), in effect as per reg. 2.
E18
Power pursuant to section exercised (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014), in effect as per reg. 2.
E19
Power pursuant to section exercised (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), in effect as per reg. 2.
E20
Power pursuant to section exercised (1.06.2014) by Local Government Act 2001 (section 230) Order 2013 (S.I. No. 447 of 2013).
E21
Power pursuant to section exercised (31.01.2014) by County of Wicklow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 70 of 2014).
E22
Power pursuant to section exercised (31.01.2014) by County of Wexford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 69 of 2014).
E23
Power pursuant to section exercised (31.01.2014) by County of Westmeath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 68 of 2014).
E24
Power pursuant to section exercised (31.01.2014) by City and County of Waterford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 67 of 2014).
E25
Power pursuant to section exercised (31.01.2014) by County of Tipperary Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 66 of 2014).
E26
Power pursuant to section exercised (31.01.2014) by County of South Dublin Local Electoral Areas Order 2014 (S.I. No. 65 of 2014).
E27
Power pursuant to section exercised (31.01.2014) by County of Sligo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 64 of 2014).
E28
Power pursuant to section exercised (31.01.2014) by County of Roscommon Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 63 of 2014).
E29
Power pursuant to section exercised (31.01.2014) by County of Offaly Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 62 of 2014).
E30
Power pursuant to section exercised (31.01.2014) by County of Monaghan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 61 of 2014).
E31
Power pursuant to section exercised (31.01.2014) by County of Meath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 60 of 2014).
E32
Power pursuant to section exercised (31.01.2014) by County of Mayo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 59 of 2014).
E33
Power pursuant to section exercised (31.01.2014) by County of Louth Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 58 of 2014).
E34
Power pursuant to section exercised (31.01.2014) by County of Longford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 57 of 2014).
E35
Power pursuant to section exercised (31.01.2014) by City and County of Limerick Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 56 of 2014).
E36
Power pursuant to section exercised (31.01.2014) by County of Leitrim Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 55 of 2014).
E37
Power pursuant to section exercised (31.01.2014) by County of Laois Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 54 of 2014).
E38
Power pursuant to section exercised (31.01.2014) by County of Kilkenny Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 53 of 2014).
E39
Power pursuant to section exercised (31.01.2014) by County of Kildare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 52 of 2014).
E40
Power pursuant to section exercised (31.01.2014) by County of Kerry Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 51 of 2014).
E41
Power pursuant to section exercised (31.01.2014) by County of Galway Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 50 of 2014).
E42
Power pursuant to section exercised (31.01.2014) by City of Galway Local Electoral Areas Order 2014 (S.I. No. 49 of 2014).
E43
Power pursuant to section exercised (31.01.2014) by County of Fingal Local Electoral Areas Order 2014 (S.I. No. 47 of 2014).
E44
Power pursuant to section exercised (31.01.2014) by County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2014 (S.I. No. 46 of 2014).
E45
Power pursuant to section exercised (31.01.2014) by City of Dublin Local Electoral Areas Order 2014 (S.I. No. 45 of 2014).
E46
Power pursuant to section exercised (31.01.2014) by County of Donegal Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 44 of 2014).
E47
Power pursuant to section exercised (31.01.2014) by County of Cork Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 43 of 2014).
E48
Power pursuant to section exercised (31.01.2014) by County of Clare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 42 of 2014).
E49
Power pursuant to section exercised (31.01.2014) by County of Cavan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 41 of 2014).
E50
Power pursuant to section exercised (31.01.2014) by County of Carlow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 40 of 2014).
E51
Power pursuant to section exercised (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013).
E52
Power pursuant to section exercised (25.11.2013) by Local Government (Prescribed Bodies) Regulations 2013 (S.I. No. 457 of 2013).
E53
Power pursuant to section exercised (25.11.2013) by Local Government (Audit Fees) Regulations 2013 (S.I. No. 456 of 2013).
E54
Power pursuant to section exercised (13.02.2012) by Local Government (Tenure of Office of Managers) Regulations 2012 (S.I. No. 50 of 2012).
E55
Power pursuant to section exercised (24.04.2007) by Local Government (Business Improvement Districts Ratepayer Plebiscite) Regulations 2007 (S.I. No. 166 of 2007).
E56
Power pursuant to section exercised (10.07.2006) by Local Government Act 2001 (Bye-Laws) Regulations 2006 (S.I. No. 362 of 2006).
E57
Power pursuant to section exercised (1.08.2003) by Local Government Act 2001 (Section 237A) Regulations 2003 (S.I. No. 274 of 2003).
E58
Power pursuant to section exercised (6.06.2002) by Local Authority Members (Gratuity) Regulations 2002 (S.I. 281 of 2002), as amended (23.07.2002) by Local Authority Members (Gratuity) (Amendment) Regulations 2002 (S.I. No. 378 of 2002) and as amended (11.07.2003) by Local Authority Members (Gratuity) (Amendment) Regulations 2003 (S.I. No. 302 of 2003) and as amended (19.12.2006) by Local Authority Members (Gratuity) (Amendment) Regulations 2006 (S.I. No. 674 of 2006).
E59
Power pursuant to section exercised (1.09.2002) by Local Government Act 2001 (County Tipperary Joint Libraries Committee) Regulations 2002 (S.I. No. 214 of 2002).
E60
Power pursuant to section exercised (17.07.2002) by Local Government Act 2001 (Meetings) Regulations 2002 (S.I. No. 66 of 2002).
E61
Power pursuant to section exercised (1.01.2002) by Local Government Act 2001 (Supplementary Provisions) Regulations 2001 (S.I. No. 590 of 2001).
E62
Previous affecting provision: power pursuant to section exercised (10.11.2017) by Local Government (Expenses of Local Authority Members) (Amendment) Regulations 2017 (S.I. No. 494 of 2017); revoked (1.07.2021) by Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021), reg. 18, in effect as per reg. 2.
E63
Previous affecting provision: power pursuant to section exercised (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), in effect as per reg. 3; revoked (1.07.2021) by Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021), reg. 18, in effect as per reg. 2.
E64
Previous affecting provision: power pursuant to section exercised (1.06.2014) by Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014), in effect as per reg. 3; revoked (1.07.2021) by Local Government (Remuneration of Local Authority Members) Regulations 2021 (S.I. No. 312 of 2021), reg. 10, in effect as per reg. 2.
E65
Previous affecting provision: power pursuant to section exercised (1.01.2002) by Local Government (Representational Payment For Members) Regulations 2001 (S.I. No. 552 of 2001), as amended (6.06.2002) by Local Authority Members (Gratuity) Regulations 2002 (S.I. No. 281 of 2002), reg. 2 and as amended (1.06.2014) by Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014), in effect as per reg. 3; revoked (1.07.2021) by Local Government (Remuneration of Local Authority Members) Regulations 2021 (S.I. No. 312 of 2021), reg. 10, in effect as per reg. 2.
E66
Previous affecting provision: power pursuant to section exercised (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004); revoked (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2.
E67
Previous affecting provision: power pursuant to section exercised (13.01.2014) by Local Government (Financial Procedures and Audit) (Amendment) Regulations 2014 (S.I. No. 8 of 2014), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect.
E68
Previous affecting provision: power pursuant to section exercised (23.10.2012) by Local Government (Tenure of Office of Managers) (Amendment No. 2) Regulations 2012 (S.I. No. 406 of 2012); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(c).
E69
Previous affecting provision: power pursuant to section exercised (15.05.2012) by Local Government (Tenure of Office of Managers) (Amendment) Regulations 2012 (S.I. No. 157 of 2012); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(b).
E70
Previous affecting provision: power pursuant to section exercised (11.11.2011) by Local Government (Tenure of Office of Managers) Regulations 2011 (S.I. No. 573 of 2011); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(a).
E71
Previous affecting provision: power pursuant to section exercised (5.02.2010) by Local Government Act 2001 (Section 142) Regulations 2010 (S.I. No. 37 of 2010); revoked (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), reg. 18, in effect as per reg. 3.
E72
Previous affecting provision: power pursuant to section exercised (14.11.2008) by Local Government (Financial Procedures and Audit) Regulations 2002 (Amendment) Order 2008 (S.I. No. 467 of 2008), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect.
E73
Previous affecting provision: power pursuant to section exercised (1.01.2007) by Local Government (Expenses of Local Authority Members) Regulations 2006 (S.I. No. 668 of 2006); revoked (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), reg. 18, in effect as per reg. 3.
E74
Previous affecting provision: power pursuant to section exercised (28.02.2003) by Local Government Act 2001 (Part 15) Regulations 2003 (S.I. No. 73 of 2003); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.
E75
Previous affecting provision: power pursuant to section exercised (12.02.2003) by Local Government (Tenure of Office of Managers) Regulations 2003 (S.I. No. 47 of 2003); revoked (11.11.2011) by Local Government (Tenure of Office of Managers) Regulations 2011 (S.I. No. 573 of 2011), reg. 4.
E76
Previous affecting provision: power pursuant to section exercised (1.01.2003) by Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.
E77
Previous affecting provision: power pursuant to section exercised (14.11.2002) by Local Government (Financial Procedures and Audit) Regulations 2002 (S.I. No. 508 of 2002); revoked (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), reg. 30, in effect as per reg. 2.
Repeals, revocation and amendment of enactments.
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.
Savers.
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.
Annotations
Editorial Notes:
E78
Notwithstanding the repeal of Part IV of the Local Government Act 1946 by this Act, Part IV continues to apply and shall be deemed always to have applied in relation to an application for a bridge order that was made to the Minister before 31 December 2001 and the bridge order made after that date by the Minister pursuant to such an application (10.04.2003) by Local Government Act 2003 (8/2003), s. 2(1) and (2), commenced on enactment.
Commencement.
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:
E79
A table showing commencement information ordered by section is available at https://www.irishstatutebook.ie/eli/isbc/2001_37.html#commencement.
E80
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.
E81
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. |
E82
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.
E83
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.
E84
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 |
E85
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.
E86
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. |
E87
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).
E88
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).
E89
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.
E90
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. |
E91
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. |
E92
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.
E93
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. |
Expenses.
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.
PART 2
Local Government Areas and Local Authorities
Establishment day.
9.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.
Annotations
Editorial Notes:
E94
Power pursuant to section exercised (1.01.2002) by Local Government Act, 2001 (Establishment Day) Order 2001 (S.I. No. 591 of 2001).
Local government areas.
F12[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 F13[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 F13[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,
F13[(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.]
Annotations
Amendments:
F12
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 12(1) and 25(4)(b), S.I. No. 214 of 2014.
F13
Inserted (31.01.2019) by Local Government Act 2019 (1/2019), s. 35(a), S.I. No. 20 of 2019.
Modifications (not altering text):
C10
Alternate commencement date for amendments to local government areas by Local Government Reform Act 2014 (1/2014), s. 12, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(a), commenced as per s. 28(5).
Elections to local authorities in 2014
28. (1) For the purpose of holding in 2014 elections of members of local authorities—
(a) the local government areas provided for by section 10 of, and Schedule 5 to, the Principal Act shall have effect as amended by section 12,
...
(5) This section has effect upon the passing of this Act.
Establishment, titles and administrative areas of local authorities and consequential provisions.
11.—F14[(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) F15[…]
(5) F14[(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.
F14[(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 F14[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 F16[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, F14[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.
F17[(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, F16[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.
F17[(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 F14[or Part 21].
(b) Subsection (6) is without prejudice to Part 10.
Annotations
Amendments:
F14
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 14(a), (c), (d), (e), (f) and (i), S.I. No. 214 of 2014.
F15
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 14(b) and 25(4)(c)(i), S.I. No. 214 of 2014.
F16
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 19-20, S.I. No. 214 of 2014.
F17
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 14(g) , (h) and 25(4)(c)(ii), S.I. No. 214 of 2014.
Modifications (not altering text):
C11
Application of subs. (6) restricted (21.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 133(3), S.I. No. 662 of 2020.
Prescribing competent authority for purposes of Regulations of 2013
133. ...
(3) Where a competent authority prescribed by the Minister is a local authority, then notwithstanding section 11 (6) of the Local Government Act 2001, the competent authority shall have jurisdiction throughout the administrative areas of all local authorities for the purposes of carrying out its functions with respect to market surveillance under the Regulations of 2013.
...
C12
Alternate commencement date for amendments to section by Local Government Reform Act 2014 (1/2014), s. 14, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(b), commenced as per s. 28(5).
Elections to local authorities in 2014
28. (1) For the purpose of holding in 2014 elections of members of local authorities— ...
(b) the amendments by section 14 to section 11 of the Principal Act shall have effect,
...
(5) This section has effect upon the passing of this Act.
PART 3
Local Authority Membership
Eligibility for local authority membership.
12.—Subject to section 14 and to the disqualifications set out in F18[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.
Annotations
Amendments:
F18
Substituted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.
Disqualifications from local authority membership.
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
F19[(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]
F20[(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.
(2)(a) A disqualification arising under subsection (1)(k) 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 subsection (1)(l) 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 subsection (1)(m) 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.
Annotations
Amendments:
F19
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 15 item 2, S.I. No. 502 of 2013.
F20
Inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 21 item 2, S.I. No. 887 of 2004, art. 2(i).
F21[Application of disqualification to members of Dáil Éireann and Seanad Éireann.
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.
(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".]
Annotations
Amendments:
F21
Inserted (2.06.2003) by Local Government (No. 2) Act 2003) (17/2003), s. 2(1), commenced on enactment, subject to transitional provision in subs. (2).
Prohibition on multiple membership of local authorities.
F22[14.— A person shall not hold membership simultaneously of more than one local authority.]
Annotations
Amendments:
F22
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 21, S.I. No. 214 of 2014.
Offence to act when disqualified.
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.
F23[(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.]
(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding £1,500 for each such offence.
(3) An offence under this section may be prosecuted by a local government elector or a local authority.
(4) This section is without prejudice to any other disqualification or penalty arising out of the actions of the person concerned.
Annotations
Amendments:
F23
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 22, S.I. No. 214 of 2014.
Editorial Notes:
E95
A fine of £1,500 converted (1.01.1999) to €1,904.60. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.
Cesser of membership.
16.—(1) A person ceases to be a member of a local authority and a casual vacancy arises in its membership immediately upon he or she becoming disqualified from membership of a local authority under F24[sections 13, 13A] or 182, or under section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999 F25[, or upon an order under subsection (4)(b) of section 17 of the Criminal Justice (Corruption Offences) Act 2018 for the forfeiture of the office of the person as a member of the local authority taking effect under subsection (6) of that section].
(2) When a person ceases to be a member of a local authority under this section he or she also ceases to be a member of any body to which he or she—
(a) was elected, nominated or appointed by a local authority, or
(b) is a member by virtue of being a member of a local authority.
(3) Nothing in subsection (1) or (2) shall be read so as to affect the validity of anything previously done by the person while a member of the local authority or of the body concerned.
(4) A person to whom a disqualification referred to in subsection (1) applies is so disqualified from being or becoming a member of any committee, joint committee or joint body.
Annotations
Amendments:
F24
Substituted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.
F25
Inserted (30.07.2018) by Criminal Justice (Corruption Offences) Act 2018 (9/2018), s. 33, S.I. No. 298 of 2018.
Term of office.
17.—(1) In this section—
“incoming members” has the meaning given in subsection (3)(b);
“ordinary day of retirement”, in relation to the outgoing members of a local authority, means the seventh day—
(a) after the polling day at the election of the incoming members of the local authority, or
(b) where the poll for any local electoral area of the local authority or for any polling station at the election of incoming members of the local authority is for any reason countermanded, interrupted or adjourned, after the day on which the poll is completed or the fresh poll is held.
(2) Subject to this Act, the members of a local authority hold office until the next ordinary day of retirement and retire together on that day as provided for by this section.
(3) On the ordinary day of retirement—
(a) each of the outgoing members of the local authority retires, and
(b) each person elected at the election comes into office as a member of the local authority (in this section collectively referred to as the “incoming members”).
(4) The term of office of a member of a local authority continues until the next ordinary day of retirement of members of the local authority, unless such member sooner dies, resigns, becomes disqualified, is removed from office or otherwise ceases to be a member of the local authority.
Annotations
Modifications (not altering text):
C13
Certain references to “ordinary day of retirement” construed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(3), commenced as per s. 28(5).
Elections to local authorities in 2014
28. ...
(3) For the purposes of the local elections held in 2014, the definition of “ordinary day of retirement” in section 17(1) of the Principal Act shall be read—
(a) in the case of every local authority (including a local authority that is being dissolved under section 17)—
(i) as if the reference in that definition to the seventh day after the polling day at the election of the incoming members of the local authority were a reference to the 2014 establishment day, and
(ii) as if the reference to the seventh day after the date provided for the purposes of paragraph (b) of that definition were a reference to the 2014 establishment day or the seventh day after the day on which the poll is completed or the fresh poll held, whichever is the later,
and
(b) in the case of a local authority that is being dissolved under section 24, as if that definition referred to the transfer date and to no other day referred to in that definition.
...
Resignation from membership.
18.—(1) A member of a local authority may resign from membership by notice in writing signed by him or her and delivered to the principal offices of the local authority.
(2) A person ceases to be a member of the local authority—
(a) on the date specified in the notice as the resignation date, or
(b) where no date is specified, on receipt of the notice,
and accordingly a casual vacancy occurs in the membership of the local authority.
(3) A person who resigns from membership of a local authority under this section also ceases on such resignation to be a member of any body—
(a) to which he or she was elected, nominated or appointed by the local authority, or
(b) of which he or she is a member by virtue of being a member of the local authority.
(4) (a) F26[Subject to subsection (4A), a person] shall be deemed to have resigned from membership of a local authority where the person is absent from attendance at any meeting of the authority for a continuous period of 6 consecutive months (“the relevant period”) from the date (“the relevant date”) of his or her last attendance at a meeting of the authority.
(b) paragraph (a) does not apply where the absence was—
(i) due to illness, or
(ii) in good faith for another reason,
and which, in either case, is accepted by the local authority and approved by resolution under this paragraph before the end of the relevant period, in which case the period shall stand extended to 12 months from the relevant date.
(c) Where a resolution is passed under paragraph (b) and the continuous period of absence continues uninterrupted—
(i) due to illness, or
(ii) in good faith for another reason,
and, in either case, is accepted by the local authority and approved by resolution under this paragraph before the expiry of the relevant period as extended under paragraph (b), then the period shall stand extended to 18 months from the relevant date.
(d) A casual vacancy under this subsection occurs on the next day after—
(i) in the case of paragraph (a), the end of the relevant period,
(ii) in the case of paragraph (b), the end of the relevant period as extended under that paragraph, or
(iii) in the case of paragraph (c), the end of the relevant period as extended to 18 months under that paragraph.
F27[(4A) An absence referred to in subsection (4)(a) does not include an absence occasioned by a member of a local authority taking leave in accordance with the Maternity Protection Act 1994.]
F28[(5) In relation to a local authority, attendance as a member at a meeting of—
(a) any committee or joint committee or joint body of the authority, or
(b) the municipal district members,
shall be deemed for the purposes of subsection (4) to be attendance at a meeting of the authority.]
Annotations
Amendments:
F26
Substituted (21.12.2022) by Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), s. 2(a)(i), commenced on enactment.
F27
Inserted (21.12.2022) by Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), s. 2(a)(ii), commenced on enactment.
F28
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 23, S.I. No. 214 of 2014.
Casual vacancies.
19.—(1) A casual vacancy in the membership of a local authority occurs—
(a) where section 16(1) applies,
(b) upon the death or resignation (including deemed resignation by virtue of section 18(4)) of a member of a local authority,
F29[(c) in such circumstances as are set out in articles 25, 28, 124 and 125 of the Local Elections Regulations 1995 (S.I. No. 297 of 1995),]
(d) in such circumstances as may be prescribed by regulations made by the Minister under section 27, or
(e) in such circumstances as are referred to in section 15(1) of the Local Elections (Petitions and Disqualifications) Act, 1974.
(2) It is the duty of the meetings administrator to notify the members of the local authority in writing on becoming aware that a casual vacancy has or may have occurred.
(3) (a) A casual vacancy shall be filled by the co-option by the local authority of a person to fill the vacancy and except where paragraph (c) or (d) or (e) of subsection (1) apply, subject to such person being nominated by the same registered political party who nominated for election or co-option the member who caused the casual vacancy.
(b) Where the person causing the casual vacancy was a non-party candidate at his or her election to the local authority, the vacancy shall be filled by the co-option by the local authority of a person to fill the vacancy (except where paragraph (c) or (d) or (e) of subsection (1) apply) in accordance with such requirements and procedures as may be set out in its standing orders.
(c) A local authority shall in making standing orders consider the inclusion of provisions for the purposes of paragraph (b).
(4) (a) A co-option shall be made, after due notice, at the next meeting of the local authority after the expiration of 14 days from the occurrence of the vacancy or as soon after the expiration of the 14 days as circumstances permit.
(b) In this subsection “due notice” means not less than 3 clear days’ notice given in writing to every member of the local authority.
(5) A person is not to be proposed at a meeting of the local authority for co-option without his or her prior written consent.
(6) A person co-opted to fill a casual vacancy shall be a member of the local authority until the next ordinary day of retirement of members of that local authority unless he or she sooner ceases to be a member.
Annotations
Amendments:
F29
Substituted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.
F30[Temporary absences
19A.—(1) Subject to subsection (9), a temporary absence in the membership of a local authority occurs where —
(a) either the absence (including a proposed absence) of a member of a local authority—
(i) is not a casual vacancy and is —
(I) due to illness, or
(II) in good faith for another reason,
and which, in either case, is accepted by the local authority and approved by resolution under this paragraph, or
(ii) is occasioned by the member taking leave in accordance with the Maternity Protection Act 1994 ,
and
(b) such member notifies the meetings administrator that he or she wishes to have a temporary substitute.
(2) It is the duty of the meetings administrator to notify the members of the local authority in writing on becoming aware that a temporary absence has occurred and that a temporary substitute is to be co-opted.
(3) (a) (i) Subject to subparagraph (ii), a temporary absence shall be filled by the co-option by the local authority of a person to fill the absence subject to such person being nominated by the same registered political party who nominated for election or co‑option the member who caused the temporary absence.
(ii) The local authority shall have regard to the preferred choice (if any) of the member causing the temporary absence as to the person who should be the temporary substitute.
(b) (i) Subject to subparagraph (ii), where the member causing the temporary absence was a non-party candidate at his or her election to the local authority, the absence shall be filled by the co-option by the local authority of a person to fill the absence in accordance with such requirements and procedures as may be set out in its standing orders.
(ii) The local authority shall have regard to the preferred choice (if any) of the member causing the temporary absence as to the person who should be the temporary substitute.
(c) A local authority shall in making standing orders consider the inclusion of provisions for the purposes of paragraph (b).
(4) (a) A co-option shall be made, after due notice, at the next meeting of the local authority after the expiration of 14 days from the occurrence of the temporary absence or as soon after the expiration of the 14 days as circumstances permit.
(b) In this subsection, "due notice" means not less than 3 clear days’ notice given in writing to every member of the local authority.
(5) A person is not to be proposed at a meeting of the local authority for co-option without his or her prior written consent.
(6) Subject to subsection (7), a person co-opted to fill a temporary absence shall be a member of the local authority until —
(a) the member causing the temporary absence returns to office, or
(b) the term of office of the member causing the temporary absence expires,
whichever first occurs, unless the temporary substitute, for whatever reason, sooner ceases to be a member.
(7) Where the member causing the temporary absence ceases to be a member of the local authority by virtue of the operation of section 19, thereby causing a casual vacancy to occur, his or her temporary substitute (if any) shall cease to be a member of the local authority in his or her capacity as such substitute immediately upon the occurrence of such casual vacancy.
(8) Where —
(a) the temporary substitute (including any successor temporary substitute arising from the operation of this subsection) of the member causing the temporary absence which gave rise to the temporary substitute ceases to be a member of the local authority by virtue of the operation of section 19, thereby causing a casual vacancy to occur, and
(b) such member causing the temporary absence continues to be a member of the local authority,
the casual vacancy referred to in paragraph (a) shall not be filled in accordance with section 19 but in accordance with this section as if the casual vacancy were a temporary absence of the member referred to in paragraph (b), and the other provisions of this section shall, with all necessary modifications, be construed accordingly.
(9) A member of a local authority who is a temporary substitute may not, in his or her capacity as such substitute, have a temporary substitute notwithstanding that he or she falls within paragraph (a) of subsection (1).
(10) In this section, "temporary substitute", in relation to a member of a local authority causing a temporary absence, means the person (if any) co-opted under subsection (3)(a) or (b) to fill the absence.]
Annotations:
Amendments:
F30
Inserted (21.12.2022) by Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), s. 2(b), commenced on enactment.
Savers (Part 3).
20.—F31[(1) The acts, decisions and proceedings of a local authority or of the municipal district members shall not be invalidated only because of a vacancy or vacancies in its membership or of the disqualification or want of qualification of any of its members.]
(2) Subsection (1) is without prejudice to the requirements of paragraph 11 of Schedule 10 in respect of the quorum for a meeting of a local authority.
(3) Any person who immediately before the establishment day is a member of a local authority shall, on and from such day, continue as such member subject to and in accordance with this Act.
(4) A person to whom subsection (3) applies and who is an alderman shall continue to bear that title until the next ordinary day of retirement after the commencement of this provision, or until his or her otherwise ceasing to be a member of the local authority, whichever is the earlier.
Annotations
Amendments:
F31
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 24, S.I. No. 214 of 2014.
Number of members of local authorities, etc.
F32[21.—(1) Subject to section 22, each county council, city council and city and county council consists of the number of members specified in Parts 1, 2 and 3, respectively, of Schedule 7 opposite the reference to the county council, city council or city and county council concerned.
(2) Without prejudice to paragraph 11 of Schedule 10, where a provision of this Act provides that at least a specified proportion of the total number of members of a local authority or of the municipal district members is necessary in relation to the doing of any particular act, then in a case where such proportion consists of a whole number and a remainder, the whole number shall of itself be sufficient.]
Annotations
Amendments:
F32
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 15(a), S.I. No. 214 of 2014.
Modifications (not altering text):
C14
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 4, in effect as per reg. 3.
Proportion of the total number of municipal district members necessary in relation to the doing of any particular act
4. The provisions of section 21(3) of the Act shall apply to the proportion of the total number of municipal district members of a local authority necessary in relation to the doing of any particular act, in relation to municipal district members for a municipal district, as if the reference to “the total number of members of a local authority” were a reference to “the total number of municipal district members”.
...
C15
Alternate commencement date for amendments to numbers of local authorities by Local Government Reform Act 2014 (1/2014), s. 15, prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(c), commenced as per s. 28(5).
Elections to local authorities in 2014
28. (1) For the purpose of holding in 2014 elections of members of local authorities— ...
(c) the numbers of members of local authorities provided for in section 21 of, and Schedule 7 to, the Principal Act shall have effect as amended by section 15,
...
(5) This section has effect upon the passing of this Act.
Editorial Notes:
E96
Previous affecting provision: subs. (1) amended (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment; substituted as per F-note above.
Alteration of number of members of local authority.
22.—(1) F33[(a) A county council, a city council or a city and county council may by resolution adopt a proposal (in this section referred to as a "proposal") for the alteration of the number of members of that council.]
(b) A proposal under paragraph (a) and a public notice under paragraph (d) shall specify the current number of members of the authority and the number by which it is proposed to be altered and whether by way of increase or decrease.
(c) It is necessary for the adoption of a proposal under paragraph (a) that at least one-half of the total number of members of the authority vote in favour of the resolution.
(d) Before adopting a proposal the local authority shall invite submissions on it from the public by way of a public notice and the authority shall consider any submissions received.
(e) Following the adoption of a resolution under this subsection a local authority may make application to the Minister for an alteration in the number of members.
(2) Where an application has been duly made to the Minister under subsection (1), the Minister may by order alter the number of members of the F33[county council, city council or city and county council] concerned, whether or not to the extent proposed.
F33[(3) Before deciding whether to make an order under subsection (2), the Minister shall request a committee in accordance with section 32 of the Local Government Act 1991 to prepare a report with respect to the application and Part V of that Act applies to such a request and report.]
(4) An order under subsection (2) shall not apply to any local elections which occur within 6 months of the making of the order but shall apply to any subsequent local elections.
(5) F34[…]
F33[(6) An application under this section shall not be made to the Minister within 5 years of—
(a) the commencement of section 15 of the Local Government Reform Act 2014 (which inserts a new Schedule 7 to this Act), or
(b) the decision by the Minister on any previous application by the local authority concerned,
whichever is the later.]
Annotations
Amendments:
F33
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 25-27 and 29, S.I. No. 214 of 2014.
F34
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 28, S.I. No. 214 of 2014.
PART 3A
Municipal Districts
Municipal districts
22A.— (1) Subject to subsection (4), every county and city and county set out in Part 1 and Part 3, respectively, of Schedule 5 shall have 2 or more districts (each consisting of one or more than one local electoral area) to be known as a municipal district and collectively as municipal districts, as the Minister shall determine by order made under section 23(1)(c).
(2) Where—
(a) a municipal district contains the administrative area of the former Limerick City Council or the former Waterford City Council that were dissolved with effect from the 2014 establishment day, then, notwithstanding subsection (1), each of those municipal districts so containing shall be known—
(i) in the Irish language, as "Ceantar Cathrach..............…" followed by the name of the municipal district in Irish, and
(ii) in the English language, as "the Metropolitan District of..............…" followed by the name of the municipal district in English,
and those municipal districts may each be referred to as a "metropolitan district",
(b) a municipal district contains the administrative area of the former borough of Clonmel, the former borough of Drogheda, the former borough of Sligo or the former borough of Wexford that were dissolved with effect from the transfer date, then, notwithstanding subsection (1), each of those municipal districts so containing shall be known—
(i) in the Irish language, as "Ceantar Buirge..............…" followed by the name of the municipal district in Irish, and
(ii) in the English language, as "the Borough District of..............…" followed by the name of the municipal district in English,
and any such municipal district may be referred to as a "borough district", and
(c) a municipal district contains the administrative area of the former borough of Kilkenny, that was dissolved with effect from the transfer date, then, notwithstanding subsection (1), the municipal district so containing shall be known—
(i) in the Irish language, as "Ceantar Bardasach Chathair Chill Chainnigh", and
(ii) in the English language, as "the Municipal District of Kilkenny City".
(3) In the case of a municipal district in respect of which a designation referred to in subsection (2) does not apply, the municipal district shall be known—
(a) in the Irish language, as "Ceantar Bardasach..............…" followed by the name of the municipal district in Irish, and
(b) in the English language, as "the Municipal District of..............…" followed by the name of the municipal district in English.
(4) Subsection (1) does not apply in the case of the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin.
(5) This section has effect in respect of the local elections for the year 2014 and subsequent local elections and, accordingly—
(a) a municipal district shall continue in existence until it ceases by order under section 23(1)(c), and
(b) its area shall continue to be that as determined by the order under section 23(1)(c), subject to any subsequent provision relating to its area being made by such an order.]
Annotations
Amendments:
F35
Inserted (30.01.2014 and 1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 19, S.I. Nos. 38 and 214 of 2014.
Editorial Notes:
E97
Municipal districts for purposes of section prescribed (31.01.2014) by County of Wicklow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 70 of 2014), art. 4.
E98
Municipal districts for purposes of section prescribed (31.01.2014) by County of Wexford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 69 of 2014), art. 4.
E99
Municipal districts for purposes of section prescribed (31.01.2014) by County of Westmeath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 68 of 2014), art. 5.
E100
Municipal districts for purposes of section prescribed (31.01.2014) by City and County of Waterford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 67 of 2014), art. 4.
E101
Municipal districts for purposes of section prescribed (31.01.2014) by County of Tipperary Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 66 of 2014), art 4.
E102
Municipal districts for purposes of section prescribed (31.01.2014) by County of Sligo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 64 of 2014), art. 4.
E103
Municipal districts for purposes of section prescribed (31.01.2014) by County of Roscommon Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 63 of 2014), art. 4.
E104
Municipal districts for purposes of section prescribed (31.01.2014) by County of Offaly Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 62 of 2014), art. 4.
E105
Municipal districts for purposes of section prescribed (31.01.2014) by County of Monaghan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 61 of 2014), art 4.
E106
Municipal districts for purposes of section prescribed (31.01.2014) by County of Meath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 60 of 2014), art. 4.
E107
Municipal districts for purposes of section prescribed (31.01.2014) by County of Mayo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 59 of 2014), art. 4.
E108
Municipal districts for purposes of section prescribed (31.01.2014) by County of Louth Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 58 of 2014), art. 5.
E109
Municipal districts for purposes of section prescribed (31.01.2014) by County of Longford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 57 of 2014), art. 4.
E110
Municipal districts for purposes of section prescribed (31.01.2014) by City and County of Limerick Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 56 of 2014), art. 4.
E111
Municipal districts for purposes of section prescribed (31.01.2014) by County of Leitrim Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 55 of 2014), art. 4.
E112
Municipal districts for purposes of section prescribed (31.01.2014) by County of Laois Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 54 of 2014), art. 4.
E113
Municipal districts for purposes of section prescribed (31.01.2014) by County of Kilkenny Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 53 of 2014), art. 5.
E114
Municipal districts for purposes of section prescribed (31.01.2014) by County of Kildare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 52 of 2013), art. 5.
E115
Municipal districts for purposes of section prescribed (31.01.2014) by County of Kerry Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 51 of 2014), art. 4.
E116
Municipal districts for purposes of section prescribed (31.01.2014) by County of Galway Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 50 of 2014), art. 4.
E117
Municipal districts for purposes of section prescribed (31.01.2014) by County of Donegal Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 44 of 2014), art. 4.
E118
Municipal districts for purposes of section prescribed (31.01.2014) by County of Cork Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 43 of 2014), art. 4.
E119
Municipal districts for purposes of section prescribed (31.01.2014) by County of Clare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 42 of 2014), art. 4.
E120
Municipal districts for purposes of section prescribed (31.01.2014) by County of Cavan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 41 of 2014), art. 4.
E121
Municipal districts for purposes of section prescribed (31.01.2014) by County of Carlow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 40 of 2014), art. 4.
F36[Members for municipal districts
22B.— The members of a county council or city and county council, elected in accordance with this Act for the local electoral areas situated in a municipal district of the county or the city and county concerned (as the case may be), collectively comprise the council membership for that municipal district for the purpose of the performance in that collective capacity of functions of the county council or city and county council in accordance with section 131A and, in respect of each municipal district, collectively shall be known as the municipal district members.]
Annotations
Amendments:
F36
Inserted (30.01.2014 and 1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 19, S.I. Nos. 38 and 214 of 2014.
F37[Cathaoirleach of municipal district
22C.— In the case of each municipal district, the municipal district members shall elect a Cathaoirleach and Leas-Chathaoirleach in accordance with Part 5.]
Annotations
Amendments:
F37
Inserted (30.01.2014 and 1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 19, S.I. Nos. 38 and 214 of 2014.
PART 4
Local Elections
Local electoral areas.
23.—F38[(1) Subject to and without prejudice to Part V of the Local Government Act 1991 (as amended by the Local Government Act 1994), the Minister may by order—
(a) divide each county, city or city and county referred to in section 10(2) into local electoral areas,
(b) fix the number of members to be elected for each local electoral area, and
(c) determine the municipal districts within a county or a city and county for the purposes of section 22A, each of which shall consist of one or more than one local electoral area.
(1A) Subsection (1)(c) does not apply in respect of the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin.]
(2) The number of members of a local authority to which an order under this section relates to be elected at an election of members of the local authority held after the making of the order for each local electoral area specified in the order shall, without prejudice to any subsequent order, be the number fixed by the order for the local electoral area.
F39[(3) Where, on the commencement of this provision, an order is in force dividing a local government area referred to in section 10(2) into local electoral areas or fixing the number of members for each local electoral area, the order shall continue in force in relation to that area and be deemed to be an order under this section and may be amended or revoked accordingly.]
(4) In respect of F39[any local electoral area in a local government area referred to in section 10(2)], the Minister may by order—
(a) amend, modify, or revoke any division made by an order under this section, including an order under this subsection or an order deemed by subsection (3) to be an order under this section, or
(b) alter the number of members of the local authority to be elected for a local electoral area by virtue of an order under this section, including an order under this subsection or an order deemed by subsection (3) to be an order under this section.
(5) An order under this section shall first have effect for the purpose of the election of members of the local authority held next after the order is made.
(6) F40[…]
(7) F40[…]
(8) F40[…]
Annotations
Amendments:
F38
Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 20(1)(a), S.I. No. 214 of 2014.
F39
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 20(1)(b), (c), S.I. No. 214 of 2014.
F40
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 20(1)(d), S.I. No. 214 of 2014.
Modifications (not altering text):
C16
Alternate commencement date for amendments by Local Government Reform Act 2014 (1/2014), s. 20(1), specified (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(d), commenced as per s. 28(5).
Elections to local authorities in 2014
28. (1) For the purpose of holding in 2014 elections of members of local authorities— ...
(d) the amendments by section 20(1) to section 23 of the Principal Act shall have effect,
...
(5) This section has effect upon the passing of this Act.
Editorial Notes:
E122
Power pursuant to section exercised (16.04.2019) by County Of Kerry Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 157 of 2019).
E123
Power pursuant to section exercised (16.04.2019) by County Of Tipperary Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 156 of 2019).
E124
Power pursuant to section exercised (31.01.2019) by County Of Cork Local Electoral Areas And Municipal Districts Order 2019 (S.I. No. 28 of 2019), in effect as per art. 5.
E125
Power pursuant to section exercised (31.01.2019) by City Of Cork Local Electoral Areas Order 2019 (S.I. No. 27 of 2019), in effect as per art. 4.
E126
Power pursuant to section exercised (17.01.2019) by County Of Meath Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 8 of 2019).
E127
Power pursuant to section exercised (17.01.2019) by County Of Wicklow Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 7 of 2019).
E128
Power pursuant to section exercised (17.01.2019) by County Of Louth Local Electoral Areas And Municipal Districts (Amendment) Order 2019 (S.I. No. 6 of 2019).
E129
Power pursuant to section exercised (19.12.2018) by County of Wicklow Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 638 of 2018).
E130
Power pursuant to section exercised (19.12.2018) by County of Wexford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 637 of 2018).
E131
Power pursuant to section exercised (19.12.2018) by County of Westmeath Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 636 of 2018).
E132
Power pursuant to section exercised (19.12.2018) by City and County of Waterford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 635 of 2018).
E133
Power pursuant to section exercised (19.12.2018) by County of Tipperary Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 634 of 2018).
E134
Power pursuant to section exercised (19.12.2018) by County of South Dublin Local Electoral Areas Order 2018 (S.I. No. 633 of 2018).
E135
Power pursuant to section exercised (19.12.2018) by County of Sligo Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 632 of 2018).
E136
Power pursuant to section exercised (19.12.2018) by County of Roscommon Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 631 of 2018).
E137
Power pursuant to section exercised (19.12.2018) by County of Offaly Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 630 of 2018).
E138
Power pursuant to section exercised (19.12.2018) by County of Monaghan Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 629 of 2018).
E139
Power pursuant to section exercised (19.12.2018) by County of Meath Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 628 of 2018).
E140
Power pursuant to section exercised (19.12.2018) by County of Mayo Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 627 of 2018).
E141
Power pursuant to section exercised (19.12.2018) by County of Louth Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 626 of 2018).
E142
Power pursuant to section exercised (19.12.2018) by County of Longford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 625 of 2018).
E143
Power pursuant to section exercised (19.12.2018) by City and County of Limerick Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 624 of 2018).
E144
Power pursuant to section exercised (19.12.2018) by County of Leitrim Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 623 of 2018).
E145
Power pursuant to section exercised (19.12.2018) by County of Laois Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 622 of 2018).
E146
Power pursuant to section exercised (19.12.2018) by County of Kilkenny Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 621 of 2018).
E147
Power pursuant to section exercised (19.12.2018) by County of Kildare Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 620 of 2018).
E148
Power pursuant to section exercised (19.12.2018) by County of Kerry Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 619 of 2018).
E149
Power pursuant to section exercised (19.12.2018) by County of Galway Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 618 of 2018).
E150
Power pursuant to section exercised (19.12.2018) by City of Galway Local Electoral Areas Order 2018 (S.I. No. 617 of 2018).
E151
Power pursuant to section exercised (19.12.2018) by County of Fingal Local Electoral Areas Order 2018 (S.I. No. 616 of 2018).
E152
Power pursuant to section exercised (19.12.2018) by County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2018 (S.I. No. 615 of 2018).
E153
Power pursuant to section exercised (19.12.2018) by City of Dublin Local Electoral Areas Order 2018 (S.I. No. 614 of 2018).
E154
Power pursuant to section exercised (19.12.2018) by County of Donegal Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 613 of 2018).
E155
Power pursuant to section exercised (19.12.2018) by County of Clare Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 612 of 2018).
E156
Power pursuant to section exercised (19.12.2018) by County of Cavan Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 611 of 2018).
E157
Power pursuant to section exercised (19.12.2018) by County of Carlow Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 610 of 2018).
E158
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Wicklow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 70 of 2014); revoked (19.12.2018) by County of Wicklow Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 638 of 2018), art. 5.
E159
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Wexford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 69 of 2014); revoked (19.12.2018) by County of Wexford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 637 of 2018), art. 6.
E160
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Westmeath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 68 of 2014); revoked (19.12.2018) by County of Westmeath Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 636 of 2018), art. 5.
E161
Previous affecting provision: power pursuant to section exercised (31.01.2014) by City and County of Waterford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 67 of 2014); revoked (19.12.2018) by City and County of Waterford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 635 of 2018), art. 5.
E162
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Tipperary Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 66 of 2014); revoked (19.12.2018) by County of Tipperary Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 634 of 2018), art. 5.
E163
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of South Dublin Local Electoral Areas Order 2014 (S.I. No. 65 of 2014); revoked (19.12.2018) by County of South Dublin Local Electoral Areas Order 2018 (S.I. No. 633 of 2018), art. 5.
E164
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Sligo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 64 of 2014); revoked (19.12.2018) by County of Sligo Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 632 of 2018), art. 5.
E165
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Roscommon Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 63 of 2014); revoked (19.12.2018) by County of Roscommon Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 631 of 2018), art. 5.
E166
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Offaly Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 62 of 2014); revoked (19.12.2018) by County of Offaly Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 630 of 2018), art. 5.
E167
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Monaghan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 61 of 2014); revoked (19.12.2018) by County of Monaghan Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 629 of 2018), art. 5.
E168
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Meath Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 60 of 2014); revoked (19.12.2018) by County of Meath Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 628 of 2018), art. 6.
E169
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Mayo Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 59 of 2014); revoked (19.12.2018) by County of Mayo Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 627 of 2018), art. 5.
E170
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Louth Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 58 of 2014); revoked (19.12.2018) by County of Louth Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 626 of 2018), art. 6.
E171
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Longford Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 57 of 2014); revoked (19.12.2018) by County of Longford Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 625 of 2018), art. 5.
E172
Previous affecting provision: power pursuant to section exercised (31.01.2014) by City and County of Limerick Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 56 of 2014); revoked (19.12.2018) by City and County of Limerick Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 624 of 2018), art. 5.
E173
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Leitrim Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 55 of 2014); revoked (19.12.2018) by County of Leitrim Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 623 of 2018), art. 5.
E174
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Laois Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 54 of 2014); revoked (19.12.2018) by County of Laois Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 622 of 2018), art. 5.
E175
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Kilkenny Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 53 of 2014); revoked (19.12.2018) by County of Kilkenny Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 621 of 2018), art. 5.
E176
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Kildare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 52 of 2013); revoked (19.12.2018) by County of Kildare Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 620 of 2018), art. 6.
E177
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Kerry Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 51 of 2014); revoked 19.12.2018) by County of Kerry Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 619 of 2018), art. 5.
E178
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Galway Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 50 of 2014); revoked (19.12.2018) by County of Galway Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 618 of 2018), art. 5.
E179
Previous affecting provision: power pursuant to section exercised (31.01.2014) by City of Galway Local Electoral Areas Order 2014 (S.I. No. 49 of 2014); revoked (19.12.2018) by City of Galway Local Electoral Areas Order 2018 (S.I. No. 617 of 2018), art. 4.
E180
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Fingal Local Electoral Areas Order 2014 (S.I. No. 47 of 2014); revoked (19.12.2018) by County of Fingal Local Electoral Areas Order 2018 (S.I. No. 616 of 2018), art. 5.
E181
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2014 (S.I. No. 46 of 2014); revoked (19.12.2018) by County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2018 (S.I. No. 615 of 2018), art. 5.
E182
Previous affecting provision: power pursuant to section exercised (31.01.2014) by City of Dublin Local Electoral Areas Order 2014 (S.I. No. 45 of 2014); revoked (19.12.2018) by City of Dublin Local Electoral Areas Order 2018 (S.I. No. 614 of 2018), art. 4.
E183
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Donegal Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 44 of 2014); revoked (19.12.2018) by County of Donegal Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 613 of 2018), art. 5.
E184
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Cork Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 43 of 2014); revoked (31.01.2019) by County Of Cork Local Electoral Areas And Municipal Districts Order 2019 (S.I. No. 28 of 2019), art. 6, in effect as per art. 5.
E185
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Clare Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 42 of 2014); revoked (19.12.2018) by County of Clare Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 612 of 2018), art. 5.
E186
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Cavan Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 41 of 2014); revoked (19.12.2018) by County of Cavan Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 611 of 2018), art. 5.
E187
Previous affecting provision: power pursuant to section exercised (31.01.2014) by County of Carlow Local Electoral Areas and Municipal Districts Order 2014 (S.I. No. 40 of 2014); revoked (19.12.2018) by County of Carlow Local Electoral Areas and Municipal Districts Order 2018 (S.I. No. 610 of 2018), art. 5.
Right to vote at local elections.
24.—(1) For the purposes of this section and subject to this Part and regulations made under it, every person whose name is on the register of local government electors prepared under Part II of the Electoral Act, 1992, for the time being in force for a local electoral area (in this Act referred to as the “register of electors”) is entitled to vote at the poll at a local election in that area.
(2) A person’s name shall be taken to be on the register of electors if it includes a name which, in the opinion of the returning officer or presiding officer, was intended to be the person’s name.
(3) A person who has voted at a local election shall not in any legal proceeding be required to state for whom he or she has voted.
(4) A person who—
(a) is registered in the register of electors for the time being in force for a local electoral area but is not entitled to be so registered, or
(b) is not registered in the register of electors,
shall not vote at the poll at a local election in that area.
(5) Nothing in this section shall be read so as to entitle any person to vote who is not entitled to do so, or as relieving that person from any penalties to which that person may be liable to, for voting.
Prohibition of plural voting.
25.—(1) A person shall not vote or apply for a ballot paper—
(a) more than once at an election of the members of a local authority otherwise than under Article 64 of the Local Elections Regulations, 1995,
(b) F41[…]
F42[(c) at an election of the members of more than one local authority held at the same local elections, or]
(d) F41[…]
(e) F43[…]
(2) F43[…]
(3)(a) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both.
(b) A person who aids, abets, counsels or procures the commission of an offence under subsection (1) is guilty of an offence and is liable:
(i) on summary conviction to a fine not exceeding £1,500, or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both, or
(ii) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both.
Annotations
Amendments:
F41
Repealed (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(a), commenced on enactment.
F42
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 30, S.I. No. 214 of 2014.
F43
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 31-32, S.I. No. 214 of 2014.
Editorial Notes:
E188
A fine of £1,500 converted (1.01.1999) to €1,904.60. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.
E189
A fine of £10,000 converted (1.01.1999) to €12,697.38.
E190
Previous affecting provision: subs. (1)(c) amended (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment; substituted as per F-note above.
Year of elections to all local authorities.
26.—(1)(a) An election of members of every local authority shall be held in the year 2004 and in every fifth year thereafter.
(b) Nothing in this subsection affects Part 21 of this Act or any order made under that Part.
(2) The poll at local elections shall be held on such day in the month of May or June and shall continue for such period, not being less than 12 hours, between the hours of 7.00 a.m. and 10.30 p.m., as may be fixed by the Minister by order.
F44[(2A) Notwithstanding subsection (2), where the Minister is of the opinion that due to local circumstances concerning an island, and taking account of advice from the returning officer (within the meaning of the Local Elections Regulations 1995) for the election in the local electoral area in which the island is situated, it would be unnecessary or impracticable for the poll to continue on the island for the period fixed by the Minister by order under subsection (2), the Minister may by order, not later than the seventh day before polling day, shorten the period of the poll on the island.
(2B) A poll the subject of an order under subsection (2A) shall continue on the island for not less than 4 hours.
(2C) In subsection (2A), "local circumstances" includes:
(a) the number of local government electors on the island;
(b) the distance between a polling station on the island and the place appointed for the counting of votes under article 74(2) of the Local Elections Regulations 1995;
(c) advance forecasts of stress of weather;
(d) foreseen transport difficulties.]
(3) An order under this section shall be published in the Iris Oifigiúil as soon as may be after it is made.
Annotations
Amendments:
F44
Inserted (13.10.2022) by Electoral Reform Act 2022 (30/2022), s. 204, S.I. No. 512 of 2022, art. 2(e).
Modifications (not altering text):
C17
Application of section restricted (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(4), commenced as per s. 28(5).
Elections to local authorities in 2014
28. ...
(4) Nothing in section 26 of the Principal Act shall be read as enabling the holding of an election for members of—
(a) a town council, or
(b) a local authority that is to be dissolved on the 2014 establishment day,
but this subsection is without prejudice to filling, in accordance with section 19 of the Principal Act, a casual vacancy that occurs before the transfer date or the 2014 establishment day, as appropriate.
(5) This section has effect upon the passing of this Act.
F45[Advance polling
26A.(1) Notwithstanding section 26, the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of An Coimisiún Toghcháin, make an order providing that, in addition to the poll provided for under section 26—
(a) in one or more local authorities, an advance poll may be taken on the day before the day appointed by the Minister under section 26, and
(b) a poll referred to in paragraph (a) shall continue for such period, not being less than twelve hours, between the hours of 7 a.m. and 10.30 p.m.
(2) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.
(3) In this section —
"Covid-19" means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 ( S.I. No. 390 of 1981 ) or any variant of the disease so specified as an infectious disease in those Regulations;
"pandemic" means an outbreak of disease —
(a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and
(b) which has been declared by the World Health Organisation to be a pandemic.]
Annotations:
Amendments:
F45
Inserted (13.10.2022) by Electoral Reform Act 2022 (30/2022), s. 177, S.I. No. 512 of 2022, art. 2(e).
Conduct of elections.
27.—(1)(a) Local elections shall be held in accordance with regulations made by the Minister under this section.
(b) If an election is contested, the poll shall be taken according to the system of proportional representation, each local government elector having one transferable vote.
(c) In this subsection “transferable vote” has the meaning given to it by section 37 of the Electoral Act, 1992.
(2) Without prejudice to the generality of subsection (1), regulations under this section may in particular include provision for all or any of the following matters in relation to local elections:
(a) nominations;
(b) deposits by candidates;
(c) deaths of candidates;
(d) duties of returning officers;
(e) staff of returning officers;
(f) taking of polls and counting of votes;
(g) use, free of charge, of schools and public rooms;
(h) arrangements for postal voting;
(i) arrangements for special voting;
(j) voting by persons in the employment of returning officers;
(k) voting by physically ill or physically disabled local government electors;
(l) polling on islands;
(m) issue of polling information cards;
(n) maintenance of secrecy of voting;
(o) removal of persons misconducting themselves in polling stations;
(p) procedure in cases of disorder or obstruction;
(q) interference with ballot boxes or ballot papers;
F46[(r) election of the same person in more than one local electoral area or to more than one local authority;]
(s) casual vacancies that occur in the circumstances specified in paragraph (r), or occuring in other specified circumstances related to local elections;
(t) the manner in which the costs of local elections are to be paid by local authorities;
(u) provisions corresponding to sections 60, 105, 134 to 154, 156 to 160 and 163 of the Electoral Act, 1992, with such modifications as appear to the Minister to be appropriate.
(3) Where a provision of regulations under this section corresponds to a provision of the Electoral Act, 1992, which declares a matter to be an electoral offence, the regulations may provide for a corresponding offence in relation to local elections and lay down a penalty for it which does not exceed the relevant penalty specified in section 157 of that Act.
(4) Regulations made under section 22 of the Local Government Act, 1994, and in force at the commencement of this provision shall continue in force and have effect as if made under this section and may be amended or revoked accordingly.
(5) Where regulations under this section are proposed to be made, a draft of them shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.
(6) No local election is invalid by reason of non-compliance with any regulations under this section, or any mistake in the use of forms provided for or by any such regulations, if it appears to the court before which the matter is raised:
(a) that the election was conducted in accordance with the principles laid down in the regulations under this section taken as a whole, and
(b) that the non-compliance or mistake did not materially affect the result of the election.
(7) Regulations under this section apply to a new election under Part 21.
(8) Where regulations under this section provide for the issue of polling information cards by a local authority, a decision to issue them is a reserved function.
Annotations
Amendments:
F46
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 33, S.I. No. 214 of 2014.
Temporary arrangements with respect to certain polling districts and register of electors.
28.—F47[(1) In this section the "chief executive" means—
(a) in relation to any part of a polling district situated in a city, the chief executive for the city,
(b) in relation to any part of a polling district situated in a county, the chief executive for the county,
(c) in relation to any part of a polling district situated in a city and county, the chief executive for the city and county.]
(2) This section applies where after—
F47[(a) the alteration of the boundary of a local authority, or]
(b) the making of an order under section 23—
F47[(i) dividing a county, city or city and county into local electoral areas, or]
(ii) amending or modifying any division made by such an order,
a polling district existing immediately before the alteration or revision or amendment or modification of such division, as the case may be, is not wholly situated within the area of a local authority or of a local electoral area, as the case may be.
(3) Where subsection (2) applies, the F47[chief executive] of the relevant local authority shall, for each part of the polling district situated within the area of the local authority—
(a) join it or parts of it with any adjoining polling district or districts within that area, or
(b) constitute it as a polling district and appoint a polling place for it.
(4) An arrangement made under subsection (3) has effect until, and only until, the first scheme under section 28 of the Electoral Act, 1992, in relation to the F47[county, city or city and county] in which the part concerned of the polling district is situated comes into operation after the making of the arrangement.
(5) An arrangement made under subsection (3) shall, as soon as practicable, be notified to the Minister by the F47[chief executive].
(6) In respect of a part of a polling district referred to in subsection (3), the F47[chief executive] shall make such alterations in relation to the part of the register of electors in force as may be necessary to secure that the part of the register concerned shall be in conformity with the arrangement made under that subsection and may conveniently be used for the purposes of taking a poll.
Annotations
Amendments:
F47
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 34-40, S.I. No. 214 of 2014.
Consequential appointments to certain other bodies.
29.—(1) The year 2004, and every year after 2004 which is a year in which local elections are held, is an election year for the purposes of the Harbours Act, 1946.
(2) F48[…]
(3)(a) The appointments made under section 10 of the School Attendance Act, 1926, which first occur after the commencement of this subsection shall be made in the year 2004 and shall be regarded as quinquennial appointments.
(b) Nothing in paragraph (a) operates to prejudice the power of any person, conferred by or under section 10 of the School Attendance Act, 1926, to appoint persons to fill casual vacancies among the membership of a school attendance committee.
Annotations
Amendments:
F48
Repealed (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 4 and sch. 1, part 1 item 14, S.I. No. 211 of 2013.
Savers (Part 4).
30.—F49[…]
Annotations
Amendments:
F49
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 41, S.I. No. 214 of 2014.
PART 5
Cathaoirleach and Leas-Chathaoirleach
Chapter 1
General
Cathaoirleach and Leas-Chathaoirleach.
31.—(1) Subject to this Part each local authority F50[and the municipal district members] shall have a chairperson and vice-chairperson who shall be elected and hold office in accordance with this Part and who in this Act are referred to as “Cathaoirleach” and “Leas-Chathaoirleach”, respectively, and shall be so known except where the provisions of section 32 apply.
F51[(2) The holders of the offices of Cathaoirleach and Leas-Chathaoirleach shall as appropriate be styled—
(a) in the case of a county council, in the Irish language "Cathaoirleach Chontae....…" and "Leas-Chathaoirleach Chontae....…" followed by the name of the county in Irish, and in the English language "Cathaoirleach of the County of....…" and "Leas-Chathaoirleach of the County of....…" followed by the name of the county in English,
(b) in the case of a city council, in the Irish language "Cathaoirleach Chathair....…" and "Leas-Chathaoirleach Chathair....…" followed by the name of the city in Irish, and in the English language "Cathaoirleach of the City of....…" and "Leas-Chathaoirleach of the City of....…" followed by the name of the city in English,
(c) in the case of a city and county council, in the Irish language "Cathaoirleach Chathair agus Chontae....…" and "Leas-Chathaoirleach Chathair agus Chontae....…" followed by the name of the city and county in Irish, and in the English language "Cathaoirleach of the City and County of....…" and "Leas-Chathaoirleach of the City and County of....…" followed by the name of the city and county in English,
(d) in the case of a municipal district whose area contains the area of a city council dissolved by the Local Government Reform Act 2014, in the Irish language "Cathaoirleach Cheantar Cathrach....…" and "Leas-Chathaoirleach Cheantar Cathrach....…" followed by the name of the municipal district in Irish, and in the English language "Cathaoirleach of the Metropolitan District of....…" and "Leas-Chathaoirleach of the Metropolitan District of....…" followed by the name of the municipal district in English,
(e) in the case of a municipal district whose area contains the area of a borough council in being (other than in respect of the borough of Kilkenny) immediately before the transfer date as provided for by the Local Government Reform Act 2014, in the Irish language "Cathaoirleach Cheantar Buirge....…" and "Leas-Chathaoirleach Cheantar Buirge....…" followed by the name of the municipal district in Irish, and in the English language "Cathaoirleach of the Borough District of....…" and "Leas-Chathaoirleach of the Borough District of....…" followed by the name of the municipal district in English,
(f) in the case of a municipal district whose area contains the area of the borough of Kilkenny in being immediately before the transfer date as provided for by the Local Government Reform Act 2014, in the Irish language "Cathaoirleach Cheantar Bardasach Chathair Chill Chainnigh" and "Leas-Chathaoirleach Cheantar Bardasach Chathair Chill Chainnigh" and in the English language "Cathaoirleach of the Municipal District of Kilkenny City" and "Leas-Chathaoirleach of the Municipal District of Kilkenny City",
(g) in the case of a municipal district to which paragraph (d), (e) or (f) does not apply, in the Irish language "Cathaoirleach Cheantar Bardasach....…" and "Leas-Chathaoirleach Cheantar Bardasach....…" followed by the name of the municipal district in Irish, and in the English language "Cathaoirleach of the Municipal District of....…" and "Leas-Chathaoirleach of the Municipal District of....…" followed by the name of the municipal district in English.]
(3) Any reference in any other enactment to the lord mayor, mayor, chairman, deputy lord mayor, deputy mayor or vice-chairman or cognate words shall, where the context so requires, be read as a reference to the Cathaoirleach or Leas-Chathaoirleach or other title standing for the time being by virtue of section 32, as the case may be.
F51[(4)(a) The Cathaoirleach of a local authority shall take precedence at all meetings of the local authority.
(b) The Cathaoirleach of a municipal district shall take precedence at all meetings and proceedings of the municipal district members.
(5) Anything authorised or required by this Act or otherwise by law to be done by, to or with the Cathaoirleach may where necessary be done by, to or with the Leas-Chathaoirleach of the local authority or the Leas-Chathaoirleach of the municipal district, as the case may be.
(6) The Cathaoirleach may, where the Leas-Chathaoirleach is unavailable, nominate from among the other members of the local authority or the municipal district members, as the case may be, a member for the purpose of representing the Cathaoirleach at any ceremony or event in that capacity and that member shall be entitled to act in that capacity for such purpose.
(7) Where a casual vacancy occurs in the office of Cathaoirleach of a local authority or of a municipal district, as the case may be, the Leas-Chathaoirleach shall assume the responsibilities of the office pending the election in accordance with this Part of a Cathaoirleach.]
(8) A person holding the office of Cathaoirleach or Leas-Chathaoirleach on the commencement of this provision shall continue to hold that office in accordance with this Part.
(9) Subject to this Act, an outgoing Cathaoirleach or Leas-Chathaoirleach shall be eligible for re-election.
(10) F52[…]
(11) Section 34 shall apply to a Cathaoirleach or Leas-Chathaoirleach elected in 2004 in accordance with F52[…] this Part and thereafter.
Annotations
Amendments:
F50
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 42, S.I. No. 214 of 2014.
F51
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 43-44, S.I. No. 214 of 2014.
F52
Deleted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.
Modifications (not altering text):
C18
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 7(1), in effect as per reg. 3.
Other matter relating to the Cathaoirleach and Leas-Chathaoirleach.
7. (1) The provisions of subsections (4) to (7), (9) and (11) of section 31 of the Act shall apply to the Cathaoirleach and Leas-Chathaoirleach of a municipal district:—
(a) as if, in subsection (4), the references to “local authority” and “elected council” were a reference to “municipal district members”,
(b) as if, in subsections (5) and (6), the references to “local authority” were references to “municipal district members”, and
(c) as if, in subsection (7), the reference to “a local authority” were a reference to “municipal district members”.
...
Alternative titles to Cathaoirleach and Leas-Chathaoirleach, etc.
F53[32.—(1) Where prior to the commencement of section 31—
(a) Cork City Council or Dublin City Council used the title "Lord Mayor" or "Deputy Lord Mayor", or
(b) Galway City Council used the title "Mayor" or "Deputy Mayor",
to describe its office of Cathaoirleach or Leas-Chathaoirleach as the case may be, it shall continue to so use such title or titles notwithstanding the provisions of section 31.
(1A) Where—
(a) immediately before the 2014 establishment day (provided for in Part 2 of the Local Government Reform Act 2014) Limerick City Council or Waterford City Council used the title "Mayor" or "Deputy Mayor", to describe its office of Cathaoirleach or Leas- Chathaoirleach, as the case may be, then, if a municipal district containing the area of the former city council is determined by order under section 23(1)(c), the municipal district members (being the municipal district members for a metropolitan district by virtue of section 22A(2)(a)) may use such title or titles notwithstanding the provisions of section 31 (as amended by that Act),
(b) immediately before the transfer date (provided for in Chapter 2 of Part 3 of the Local Government Reform Act 2014) a borough council referred to in Chapter 1 of Part 1 of Schedule 6 used the title "Mayor" or "Deputy Mayor", to describe its office of Cathaoirleach or Leas-Chathaoirleach, as the case may be, then, if a municipal district containing the area of the former borough council is determined by order under section 23(1)(c), the municipal district members (being the municipal district members for a borough district by virtue of section 22A(2)(b) or for the municipal district of Kilkenny City by virtue of section 22A(2) (c)) may use such title or titles notwithstanding the provisions of section 31 (as amended by that Act), and
(c) a municipal district contains the area of a town (including all the environs of the town for the purposes of the census of population concerned) the population of which, when rounded to the nearest 1,000 as shown in the latest census report of the Central Statistics Office, is equal to or greater than 20,000, then the municipal district members for such district may decide by resolution to use the title "Mayor" or "Deputy Mayor", to describe its office of Cathaoirleach or Leas-Chathaoirleach notwithstanding the provisions of section 31 (as amended by the Local Government Reform Act 2014).
(2) A local authority or the municipal district members, to which subsection (1) or (1A) (respectively) relates, may by resolution give the title Cathaoirleach or Leas-Chathaoirleach to the Lord Mayor or Deputy Lord Mayor, Mayor or Deputy Mayor, as the case may be, and in that case shall be styled in accordance with section 31.
(3) Where titles are continued in accordance with subsection (1) or (1A), the holders of the offices concerned shall, as appropriate, be styled—
(a) in the case of Cork City Council, in the Irish language "Ard-Mhéara Chathair Chorcaí" and "Leas-Ardmhéara Chathair Chorcaí", and in the English language ‘Lord Mayor of the City of Cork’ and ‘Deputy Lord Mayor of the City of Cork’,
(b) in the case of Dublin City Council, in the Irish language "Ard- Mhéara Chathair Bhaile Átha Cliath" and "Leas-Ardmhéara Chathair Bhaile Átha Cliath", and in the English language ‘Lord Mayor of the City of Dublin’ and ‘Deputy Lord Mayor of the City of Dublin’,
(c) in the case of Galway City Council, in the Irish language "Méara Chathair na Gaillimhe" and "Leas-Mhéara Chathair na Gaillimhe", and in the English language "Mayor of the City of Galway" and "Deputy Mayor of the City of Galway",
(d) in the case of a municipal district to which subsection (1A) relates, in the Irish language "Méara....…" and "Leas-Mhéara....…" followed by the name of the municipal district in Irish, and in the English language "Mayor of....…" and "Deputy Mayor of.....… " followed by the name of the municipal district in English in accordance with subsections (2) and (3) of section 22A.
(4) Notwithstanding section 31 a local authority which is a city and county council may, subject to Schedule 8, give an alternative title to its Cathaoirleach or Leas-Chathaoirleach or revert to the title or titles of Cathaoirleach or Leas-Chathaoirleach as the case may be.]
Annotations
Amendments:
F53
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 37(1), S.I. No. 214 of 2014.
Resignation of Cathaoirleach or Leas-Chathaoirleach.
33.—F54[(1) The Cathaoirleach or Leas-Chathaoirleach may resign from that office by notice in writing signed by him or her and delivered to the principal offices of the local authority which, in the case of a municipal district, is the principal offices of the local authority concerned.]
(2) The vacancy caused by a resignation under subsection (1) shall occur on the date specified in the notice as the resignation date or, where no such date is specified, on receipt of such notice.
Annotations
Amendments:
F54
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 45, S.I. No. 214 of 2014.
Removal of Cathaoirleach or Leas-Chathaoirleach from office.
34.—F55[(1) Subject to this section, a local authority may by resolution remove from office the Cathaoirleach or Leas-Chathaoirleach of such local authority for stated misbehaviour or if his or her removal appears to it to be necessary for the effective performance by the local authority of its functions and such removal may also be for those reasons arising from the performance of his or her duties as chair of the corporate policy group.
(1A) Subject to this section, a local authority may by resolution remove from office the chairperson of any strategic policy committee of such local authority for stated misbehaviour or if his or her removal appears to them to be necessary for the effective performance by the local authority of its functions or by the committee of its functions.]
(2) Notice of the intention to propose a resolution under this section (in this section referred to as a “notice”) shall—
(a) be signed by at least one-third of the total number of members of the local authority concerned,
(b) contain a statement of the reasons for the proposed removal,
(c) specify a day for the holding of a special meeting to consider the proposed removal, being a day which is not less than 21 days after the day on which the notice is delivered under paragraph (d),
(d) be delivered to the meetings administrator, and
F56[(e) be delivered or sent to the Cathaoirleach, Leas-Chathaoirleach or chairperson of the strategic policy committee concerned.]
(3) The meetings administrator shall on receipt of a notice and without delay send a copy of it to every member of the local authority and convene a special meeting for the date so specified to consider the proposed removal.
(4) (a) Such special meeting shall be chaired by a member of the local authority, other than the person the subject of the notice, chosen by the members present at the meeting.
(b) The person the subject of the notice shall at such meeting be afforded an opportunity to make a statement of response in relation to the proposed removal.
F56[(5) It is necessary for the passing of a resolution under this section that the number of members of the local authority concerned voting in favour of the resolution is at least two-thirds of those present and voting.]
Annotations
Amendments:
F55
Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 38(a), S.I. No. 214 of 2014.
F56
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 38(b), (c), S.I. No. 214 of 2014.
Modifications (not altering text):
C19
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 5, in effect as per reg. 3.
Removal of Cathaoirleach or Leas-Chathaoirleach from office.
5. The provisions of section 34 of the Act shall apply to the removal from office of a Cathaoirleach and Leas-Chathaoirleach of municipal district members as if:—
(a) in subsection (1), the references:—
(i) to “a local authority” and “such local authority” were a reference to “municipal district members”, and
(ii) to “the effective performance by the local authority of its functions” were a reference to “the effective performance by the municipal district members of their functions”,
(b) in subsection (2)(a), the reference to “the total number of members of the local authority concerned” were a reference to “the total number of municipal district members concerned”,
(c) in subsection (3), the reference to “every member of the local authority” were a reference to “every municipal district member”,
(d) in subsection (4), the reference to “chaired by a member of the local authority” were a reference to “chaired by a municipal district member”, and
(e) in subsection (5), the reference to “the total number of members of the local authority concerned” were a reference to “the total number of municipal district members concerned”.
Editorial Notes:
E191
Power pursuant to section exercised (1.01.2004) by Athlone Town Boundary Alteration (Supplementary) Order 2003 (S.I. No. 705 of 2003).
Chapter 2
Election by Local Authority
Application of Chapter 2.
35.—F57[…]
Annotations
Amendments:
F57
Repealed (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(a), commenced on enactment.
F58[Application of Chapter to municipal district members.
35A.— This Chapter applies to municipal district members as if every reference in the other provisions of this Chapter to a local authority or to a member of a local authority were, respectively, a reference to the municipal district members or to a member of a municipal district.]
Annotations
Amendments:
F58
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 39, S.I. No. 214 of 2014.
Annual election of Cathaoirleach and Leas-Chathaoirleach by local authority.
36.—(1) (a) Subject to paragraph (c), a local authority shall elect a Cathaoirleach and Leas-Chathaoirleach from amongst its members at every annual meeting.
(b) The election of a Cathaoirleach shall be carried out in accordance with section 37.
(c) A member of a local authority who is a member of Dáil Éireann or Seanad Éireann shall be disqualified from being elected or from being a Cathaoirleach or Leas-Chathaoirleach of a local authority.
F59[(d) On the commencement of section 2 of the Local Government (No. 2) Act 2003, paragraph (c) shall cease to apply and have effect.]
(2) (a) Subject to subsection (3), a member who holds the office of Cathaoirleach or Leas-Chathaoirleach shall hold that office (unless he or she becomes disqualified under subsection (1)(c), resigns under section 33 or is removed from office under section 34) from election until a successor is elected at the next annual meeting of the local authority after that member’s election to that office.
(b) In a year in which local elections are to be held under section 26 and notwithstanding subsection (3), subsection (4) shall apply in respect of a Cathaoirleach.
(3) Except as is provided for in subsection (4), the Cathaoirleach or Leas-Chathaoirleach of a local authority shall, upon ceasing to be a member of the authority, cease to be Cathaoirleach or Leas-Chathaoirleach of that authority.
(4) Following a local election the Cathaoirleach shall continue to hold office for the period between the retirement of the outgoing members and the commencement of the annual meeting at which the successor is elected unless he or she sooner dies or resigns from the office or becomes disqualified for local authority membership.
Annotations
Amendments:
F59
Inserted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.
Modifications (not altering text):
C20
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 6(1), in effect as per reg. 3.
Annual election of Cathaoirleach or Leas-Chathaoirleach.
6. (1) The provisions of section 36 of the Act shall apply to the annual election of a Cathaoirleach and Leas-Chathaoirleach of municipal district members:—
(a) as if, in subsection (1)(a):—
(i) the reference to “a local authority” were a reference to “municipal district members”, and
(ii) the reference to “its members” were a reference to “their members”,
(b) as if, in subsection (2), the reference to “the local authority” were a reference to “the municipal district members”,
(c) as if, in subsection (3):—
(i) the reference to “a local authority” were a reference to “municipal district members”,
(ii) the reference to “ceasing to be a member of the authority” were a reference to “ceasing to be a municipal district member for the municipal district concerned”, and
(iii) the reference to “that authority” were a reference to “of those municipal district members”.
Method of election of Cathaoirleach by local authority.
37.—Subject to paragraph 4 of Schedule 10, the following provisions shall apply and have effect in respect of the election of a Cathaoirleach by the members of a local authority:
(a) one or more than one member may be proposed and seconded for nomination and every person so proposed and seconded who does not reject the nomination shall be a candidate and no other person shall be a candidate otherwise than in accordance with this provision;
(b) where there is only one candidate, such candidate shall be elected;
(c) where there are more than 2 candidates, a poll shall be taken;
(d) if at such poll a majority of the members present vote for any particular candidate, such candidate shall be elected;
(e) if at such poll no candidate receives the votes of a majority of the members present, the candidate receiving the least number of votes shall be excluded from the election, and, subject to paragraph (g), one or more further polls (according as may be necessary) shall be taken;
(f) paragraphs (d) and (e) shall apply in relation to such further poll or polls;
(g) where there are only 2 candidates or where, as a result of one or more polls all the candidates except 2 have been excluded, the question as to which of such candidates shall be elected shall be put to the members present and whichever of such candidates receives the majority of votes cast shall be elected;
(h) if from an equality of votes given to 2 or more candidates any question arises as to which of such candidates is to be excluded or as to which of such candidates is to be elected, such question shall be decided by lot in accordance with paragraph (i);
(i) in deciding any such question by lot, the names of the candidates concerned shall be written on similar slips of paper, the slips shall be folded so as to prevent identification and mixed and drawn at random, and the candidate whose name is first drawn shall be—
(I) the candidate who shall be excluded, where the question concerns an exclusion, or
(II) the candidate who shall be elected, where the question concerns an election.
Annotations
Modifications (not altering text):
C21
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 6(2), in effect as per reg. 3.
Annual election of Cathaoirleach or Leas-Chathaoirleach.
6. ...
(2) The provisions of section 37 of the Act shall apply to the method of election of a Cathaoirleach as if the reference to “the members of a local authority” were a reference to “municipal district members”.
Casual vacancy in the office of Cathaoirleach or Leas-Chathaoirleach.
38.—(1) Where a casual vacancy occurs in the office of Cathaoirleach or Leas-Chathaoirleach of a local authority the members of the authority—
(a) present at the next meeting of the authority after the occurrence of the vacancy, or
(b) if that meeting is held within 14 days of the occurrence of the vacancy, present at the next following meeting of the authority,
shall elect one of their number to be Cathaoirleach or Leas-Chathaoirleach, as the case may be.
(2) Section 37 shall apply in relation to the election of a member to fill a casual vacancy in the office of Cathaoirleach.
(3) A person elected to fill a casual vacancy in the office of Cathaoirleach or Leas-Chathaoirleach shall be elected for the remainder of the term of office of his or her predecessor.
(4) Not less than 3 clear days’ notice shall be given to each member of the local authority of a meeting to fill a casual vacancy under this section.
Annotations
Modifications (not altering text):
C22
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 7(2) and (3), in effect as per reg. 3.
Other matter relating to the Cathaoirleach and Leas-Chathaoirleach.
7. ...
(2) The provisions of section 38 of the Act shall apply to the election of a Cathaoirleach and Leas-Chathaoirleach of a municipal district where a casual vacancy has occurred in such office as if:—
(a) the reference in subsection (1) to “a local authority the members of the authority” were a reference to “municipal district members, the members”,
(b) the references in paragraphs (a) and (b) of subsection (1) to “the authority” were references to “municipal district members”, and
(c) the reference in subsection (4) to “member of the local authority” were a reference to “municipal district member”.
(3) The provisions of section 38 of the Act shall apply in relation to the election of a municipal district member to fill a casual vacancy in the office of Cathaoirleach as if the reference to “local authority” were a reference to “municipal district members”.
Chapter 3
Direct Election
Application of Chapter 3.
39.—F60[…]
Annotations
Amendments:
F60
Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment.
Direct election and tenure of Cathaoirleach of county council and city council.
40.—F61[…]
Annotations
Amendments:
F61
Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment.
Casual vacancy in office of Cathaoirleach of county council or city council.
41.—F62[…]
Annotations
Amendments:
F62
Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment.
Amendments to certain Acts, relating to direct elections, etc.
42.—F63[…]
Annotations
Amendments:
F63
Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment.
Election petitions in relation to direct elections.
43.—F64[…]
Annotations
Amendments:
F64
Repealed Part 5, Chapter 3 (ss. 39 to 43) (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 7(b), commenced on enactment.
PART 6
Meetings and Proceedings of Local Authorities
Application (Part 6).
44.—(1) This Part and Schedule 10 apply and have effect in relation to the meetings and proceedings of local authorities and to connected matters.
(2) Meetings of a local authority or a joint body may be held in Irish or in English or in both languages.
(3) In respect of meetings and proceedings of joint bodies, the Minister may by regulations under this subsection—
(a) make provisions corresponding to those provided for local authorities under this Part and Schedule 10,
(b) apply this Part or Schedule 10, with any necessary modification or adaptation,
and any such provisions apply and have effect in relation to such meetings and proceedings.
(4)(a) Subject to paragraph (b), any provision provided for by or under statute relating to meetings and proceedings of a joint body to which that paragraph relates, and in force immediately before the commencement of this provision, continues in operation until it ceases to have effect under paragraph (b).
(b) On the commencement of regulations under subsection (3), the matters with respect to which the regulations were made are governed by those regulations, and any previous provisions (whether made by or under statute) as may be specified in those regulations relating to those matters cease to have effect as respects the body mentioned in the regulations to such extent as may be so specified.
Annotations
Modifications (not altering text):
C23
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 8(1), in effect as per reg. 3.
Meetings and proceedings.
8. (1) The provisions of section 44 of the Act shall apply and have effect in relation to the meetings and proceedings of municipal district members and connected matters:—
(a) as if the references to “local authority” and “local authorities” were references to “municipal district members”, and
(d) with the exclusion of “or a joint body” in subsection (2) and
(e) as if subsections (3) and (4) were deleted.
...
Attendance of public and media at meetings.
45.—(1) In this section—
“media” includes accredited representatives of local and national press, local and national radio and local and national television;
“members of the public” means any person who is not attending the meeting at the request of the local authority.
(2) Subject to subsections (3) and (5), members of the public and representatives of the media are entitled to be present at a meeting of a local authority.
(3) Where a local authority is of the opinion that the absence of members of the public and representatives of the media from the whole or any part of a particular meeting is desirable because—
(a) of the special nature of the meeting, or of an item of business to be, or about to be, considered at the meeting, or
(b) for other special reasons,
the authority may by resolution decide to meet in committee for the whole or a part of the meeting concerned, where the authority considers that such action is not contrary to the overall public interest.
(4) (a) It is necessary for the passing of a resolution under subsection (3) that at least one-half of the total number of members of the local authority concerned vote in favour of the resolution.
(b) A resolution under subsection (3) shall indicate in a general way the reasons for the resolution and those reasons shall be recorded in the minutes of the meeting.
(5) A local authority may, by standing orders, regulate the right of members of the public and representatives of the media to be present at meetings and, in particular and without prejudice to the generality of the foregoing, may—
(a) taking account of available space, limit the number of persons to be admitted,
(b) make rules governing the conduct of persons present at meetings,
(c) provide for the removal of members of the public who interrupt the proceedings or who otherwise misconduct themselves, or
(d) make rules in relation to the taking of photographs or the use of any means for recording or relaying the proceedings as they take place or at a later stage.
(6) Nothing in subsection (5), other than paragraph (a), shall be read so as to enable a local authority to limit the attendance of representatives of the media, and paragraph (a) shall not be read as enabling a local authority to prohibit the attendance of such representatives.
Annotations
Modifications (not altering text):
C24
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 8(2), in effect as per reg. 3.
Meetings and proceedings.
8. ...
(2) The provisions of section 45 of the Act shall apply and have effect in relation to the attendance of members of the public and representatives of the media at meetings of municipal district members as if:—
(a) as respects subsections (2), (5) and (6), the references to “a local authority” were references to “municipal district members”,
(b) as respects subsection (3):—
(i) the reference to “a local authority is” were a reference to “municipal district members are”, and
(ii) the references to “the authority” were a reference to “the municipal district members”, and
(c) as respects subsection (4)(a), the reference to “the total number of members of the local authority” were a reference to “the total number of municipal district members”.
...
Meetings administrator.
46.—The F65[chief executive] shall from time to time as may be necessary assign the duties of meetings administration to an employee (referred to in this Act as a “meetings administrator”) of a local authority.
Annotations
Amendments:
F65
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 46, S.I. No. 214 of 2014.
Modifications (not altering text):
C25
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 8(4), in effect as per reg. 3.
Meetings and proceedings.
8. ...
(4) The provisions of section 46 of the Act shall apply in relation to the assignment of the duties of a meetings administrator in respect of meetings of municipal district members.
...
Effective discharge of business.
F66[47.— A local authority shall seek to secure as regards—
(a) the establishment of committees under Part 7, and
(b) meetings of the authority and each of its committees and municipal district members,
that they are organised and operate so as to promote effectiveness and efficiency in the discharge of business.]
Annotations
Amendments:
F66
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 40, S.I. No. 214 of 2014.
Modifications (not altering text):
C26
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 9(2), in effect as per reg. 3.
Establishment of one or more than one committee.
9. ...
(2) The provisions of section 47 shall apply and have effect in relation to the effective discharge of business of committees of municipal district members, with the following modifications:—
(a) as if the reference to “a local authority” were a reference to “municipal district members", and
(b) as if the reference in paragraph (b) to “meetings of the authority and each of its committees and municipal district members” were a reference to “meetings of each of its committees”.
...
PART 7
Committees and Joint Committees
Strategic policy committees.
48.—(1) A local authority, F67[…] shall establish by resolution committees to be known as strategic policy committees to consider matters connected with the formulation, development, monitoring and review of policy which relate to the functions of the local authority and to advise the authority on those matters.
F68[(1A) One of the committees established under subsection (1) shall be to consider matters which relate to the functions of the local authority in relation to economic development and matters connected to the promotion of, including support for, enterprise, and to advise the authority on those matters.]
(2)(a) A strategic policy committee consists partly of persons who are and partly of persons who are not members of the local authority concerned.
(b) The chairperson of a strategic policy committee shall be a member of the local authority concerned.
(3)(a) The establishment of a strategic policy committee shall be undertaken by the local authority in accordance with such guidelines as may be issued by the Minister for that purpose under section 54(2).
(b) Guidelines referred to in paragraph (a) shall include provision for—
F69[(i) the representation of each local community development committee established in accordance with section 49A and of sectoral interests,]
(ii) the term of office of—
(I) members of strategic policy committees, and
(II) chairpersons, which shall not be less than 3 years,
and
(iii) the procedures to apply to ensure fairness and equity in the appointment of chairpersons.
F68[(ba) Guidelines referred to in paragraph (a) may include—
(i) provisions for procedures for presentation of proposals to the local authority concerned connected with the formulation, development, monitoring and review of policy for the purposes of this section,
(ii) provisions relating to the format, content and layout of any particular class or classes of policy papers and other documents (including the preparation of preliminary documents) prepared by or presented to the strategic policy committee, and
(iii) provisions for procedures to ensure that sufficient time for input by the strategic policy committee into policy papers is provided prior to completion and subsequent presentation to the local authority concerned.
(bb) Guidelines referred to in paragraph (a) may apply to local authorities generally, to any class or classes of local authorities specified in the guidelines or to a particular local authority so specified and shall, in so far as the guidelines relate to them, be complied with by every local authority, chief executive, strategic policy committee and municipal district member.]