Local Government Act 2001

Direction that works not proceed.

139

139.—(1) Where the elected council or joint body is informed in accordance with section 138 of any works (not being any works which the local authority or joint body are required by or under statute or by order of a court to undertake), the elected council or joint body, as the case may be, may by resolution, direct that those works shall not proceed.

(2) The F202[chief executive] shall comply with a resolution of an elected council or joint body duly and lawfully passed under this section.

Annotations

Amendments:

F202

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 102, S.I. No. 214 of 2014.

Modifications (not altering text):

C41

Application of section restricted (8.03.23) by Planning and Development Act 2000 (30/2000), s. 179A(4) as inserted by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 14, S.I. No. 107 of 2023, art. 2.

Local authority own housing development

[179A. ...

(4) Sections 138, 139 and 140 of the Local Government Act 2001 shall not apply in respect of development to which this section applies.

]

Editorial Notes:

E254

Previous affecting provision: application of section restricted by Water Services Act 2007 (30/2007), s. 36(5)(b), not commenced; repealed (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 4(1), S.I. No. 575 of 2013.