Local Government Act 2001

SCHEDULE 14

Section 131.

Certain Reserved Functions

1. The procedure at any meeting of a local authority or joint body.

2. The appointment, whether by way of nomination or election, of a person to be a member of a public authority.

3. The election of a Cathaoirleach or a Leas-Chathaoirleach of a local authority by that authority in accordance with Part 5 or of a chairperson of a joint body.

4. The determination of an annual rate on valuation.

5. The making, amending or revoking of a bye-law by a local authority under any other enactment where the provisions governing such making, amendment or revocation do not provide that it is a reserved function.

6. The making or revoking of an order or the passing or rescinding of a resolution by virtue of which an enactment is brought into operation in or is made to apply to the functional area or a part of such area of a local authority.

7. The application to be made to any Minister in respect of the making or revoking of any such order as is mentioned in paragraph 6.

8. The demanding (however expressed) under any enactment including this Act of the whole or a part of the expenses of a local authority or of a joint body from any other local authority.

Annotations

Modifications (not altering text):

C196

Functions transferred and references construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 23, 25 and sch. 1 part 1, S.I. No. 207 of 2024, subject to transitional provisions in s. 4.

Functions of Príomh Chomhairleoir

23.  (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.

(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.

(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Leas-Phríomh Chomhairleoir

25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

PART 1

Enactments for Purposes of Sections 10 and 23

Number and Year

(1)

Provision

(2)

Extent of Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14.

...

C197

Application of paras. 5-7 restricted (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014), reg. 5, in operation as per reg. 1(2).

Exercise and performance of certain reserved functions by the elected council of the local authority in particular circumstances

5. (1) In the case of any reserved function specified in paragraph 5, 6 or 7 of Schedule 14 and Part 2 of Schedule 14A to the Act of 2001 which, in a particular instance, is to be exercised and performed in respect of every municipal district in the administrative area of a local authority, such function shall, in that instance, be performed only by the elected council of the local authority.

(2) The reserved functions specified in the Schedule (and identified from Part 2 of Schedule 14A to the Act of 2001) shall be exercised and performed only by the elected council of the local authority where the exercise and performance of the function in a particular instance in respect of a municipal district could have significant implications for the administrative area of the local authority, or a municipal district other than the district in respect of which the function is to be exercised and performed.