Local Government Act 2001


F153[Regulations and determinations (Part 12A)

126L.(1) The Minister may by regulations prescribe any matter of procedure as regards the appointment and operation of the Commission or the carrying out of its functions.

(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for any of the following:

(a) the conduct of any oral hearing held by the Commission under section 126J(6), the procedures at such a hearing, the representation of a local authority or regional assembly at such a hearing or the attendance of persons at such a hearing;

(b) for the purposes of section 126C(1)(f), identifying or clarifying matters relating to public sector reform by local government bodies;

(c) prescribing relevant indicators for the purposes of section 126C(1)(a).

(3)(a) Where

(i) any doubt, dispute or question arises or, in the opinion of the Minister, is likely to arise as to whether a trust or other body or a class of such trust or other body is or is not a trust or other body or a class thereof to which paragraph (c) of the definition of "local government body" applies, and

(ii) the Minister is of the opinion that such trust, other body or class is one to which the said paragraph (c) applies,

then the Minister shall determine the matter accordingly and shall communicate his or her determination in writing to the Commission and to the local authorities and regional assemblies concerned.

(b) The Minister shall not make a determination under paragraph (a) in respect of a trust or other body, or of a class of trusts or other bodies, for which another Minister of the Government is directly or indirectly responsible unless that other Minister consents to that determination being made and every communication for the purposes of that paragraph shall disclose any such consent.]




Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 61(1), S.I. No. 214 of 2014.