Local Government Act 2001
Limitation on additional expenditure.
104.—(1) In this section—
“additional expenditure” means the spending of money or the incurring of a liability not provided for in a local authority budget;
“local authority” includes a joint body.
(2) At any time after it has adopted a budget a local authority may, following a proposal under subsection (3) or otherwise, by resolution authorise the incurring of additional expenditure.
(3) Where, as respects any local financial year, the F134[chief executive] is of the opinion that the proper performance of the functions of the local authority concerned requires the incurring of additional expenditure, he or she shall submit to the local authority a proposal for authorisation to the incurring of such additional expenditure.
(4)(a) A local authority may by resolution adopt a scheme authorising the F134[chief executive] to incur additional expenditure without prior authorisation of the local authority under subsection (2); but no such expenditure shall cause the total expenditure provided for in the budget to be exceeded save in such circumstances and subject to such requirements as may be provided for in regulations under subsection (5).
(b) A local authority may, from time to time, by resolution amend a scheme under this subsection or make a new scheme.
(5) The Minister may make regulations for the purposes of subsection (4).
(6) Nothing in this section shall prevent a F134[chief executive] from incurring additional expenditure—
(a) where he or she is of the opinion that such additional expenditure is necessary to avert or minimise a threat to public health, public safety, property or the environment, or
(b) in respect of a particular service or function where additional funding which would substantially offset such additional expenditure is made available to the local authority by the Minister or any other public authority for that service or function.
(7) Where the F134[chief executive] has incurred additional expenditure under subsection (6), or to which a scheme under subsection (4) applies, he or she shall inform—
(a) without delay, the Cathaoirleach of the fact, and
(b) the members of the local authority of the fact at the next practicable meeting of the local authority following the incurring of additional expenditure,
giving details of the additional expenditure and its implications for the local authority budget.
Annotations
Amendments:
F134
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 68-71, S.I. No. 214 of 2014.
Modifications (not altering text):
C67
Prospective affecting provision: section applied with modifications by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 5 and sch. 3 ref. no. 11, not commenced as of date of revision, subject to transitional provisions in s. 4.
Application of Principal Act to Limerick
5. The Principal Act shall apply to—
(a) Limerick, and
(b) Limerick City and County Council,
subject to the modifications specified in Schedule 3 and any other necessary modifications.
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SCHEDULE 3
APPLICATION OF PRINCIPAL ACT TO LIMERICK
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Reference Number (1) |
Provision (2) |
Extent of Modification (3) |
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... |
... |
... |
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11 |
Section 104 |
Section shall, in addition to its applying to the director general by virtue of subsection (3) of section 26 , apply as if— (a) in subsection (3), “the Mayor of Limerick” were substituted for “the chief executive”, (b) in subsection (4)(a), “the Mayor of Limerick” were substituted for “the chief executive”, (c) in subsection (6), “the Mayor of Limerick” were substituted for “a chief executive”, and (d) in subsection (7), “the Mayor of Limerick” were substituted for “the chief executive”. |
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C68
Functions transferred and references construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 23, 26 and sch. 1 parts 1, 2, 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.
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Director general
26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.
(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
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SCHEDULE 1
PART 1
Enactments for Purposes of Sections 10 and 23
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Number and Year (1) |
Provision (2) |
Extent of Modification (3) |
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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. |
PART 2
Enactments for Purposes of Sections 10 and 26
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Number and Year (1) |
Short Title (2) |
Provision (3) |
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... |
... |
... |
|
No. 37 of 2001 |
Local Government Act 2001 |
Sections 11(8), 28, 46, 52(5)(d) and (9), 81, 86, 97, 98, 99, 104, 107, 108, 109(5) and (6), 110(6), (9) and (10), 112, 120, 121, 122, 126D(7), 126E(1), 128A, 128D, 128E(2), 129I(5), 129M, 129N, 129O, 129P, 129Q, 129R, 129T, 132, 138, 140, 144(3)(a) and (8), 145, 146, 147, 148, 149, 149A, 151, 152, 153, 158, 160(3) and (4), 166, 167(1)(c), 173(1), 174(8), 178(1), (2), (4) and (5), 179, 180(4)(b) and (c), 211B, 211C, 211D, 211E and 211F, 214(3), (4) and (5), 229; paragraphs 13(6) and 15(4) of Schedule 10. |
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C69
Prospective affecting provision: section applied with modifications by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 5 and sch. 3 ref. no. 11, not commenced as of date of revision, subject to transitional provisions in s. 4.
Application of Principal Act to Limerick
5. The Principal Act shall apply to—
(a) Limerick, and
(b) Limerick City and County Council,
subject to the modifications specified in Schedule 3 and any other necessary modifications.
...
SCHEDULE 3
APPLICATION OF PRINCIPAL ACT TO LIMERICK
|
Reference Number (1) |
Provision (2) |
Extent of Modification (3) |
|
... |
... |
... |
|
11 |
Section 104 |
Section shall, in addition to its applying to the director general by virtue of subsection (3) of section 26 , apply as if— (a) in subsection (3), “the Mayor of Limerick” were substituted for “the chief executive”, (b) in subsection (4)(a), “the Mayor of Limerick” were substituted for “the chief executive”, (c) in subsection (6), “the Mayor of Limerick” were substituted for “a chief executive”, and (d) in subsection (7), “the Mayor of Limerick” were substituted for “the chief executive”. |
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... |
... |
... |