Local Government Act 2001
Direction that works not proceed.
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 F215[chief executive] shall comply with a resolution of an elected council or joint body duly and lawfully passed under this section.
Annotations
Amendments:
F215
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):
C104
Prospective affecting provision: application of section restricted by Planning and Development Act 2024 (34/2024), ss. 153(3), 161(3), not commenced as of date of revision.
Local authority development requiring public notice.
153. ...
(3) Sections 138, 139 and 140 of the Act of 2001 shall not apply to local authority development of a class prescribed under subsection (1).
...
Local authority housing development.
161. ...
(3) Sections 138, 139 and 140 of the Local Government Act 2001 shall not apply in respect of local authority housing development.
...
C105
Section applied with modifications (14.06.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 5 and sch. 3 ref. no. 20, S.I. No. 285 of 2024, 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) |
|
... |
... |
... |
|
20 |
Section 139 |
Section shall apply as if “director general of Limerick City and County Council or Mayor of Limerick, as the case may be,” were substituted for “chief executive” in subsection (2). |
|
... |
... |
... |
C106
Application of section restricted (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 17(5), S.I. No. 207 of 2024.
Membership of council
17. ...
(5) The Mayor shall not have a vote in relation to a motion or resolution under Part 7 or under section 132, 138, 139 or 140 of the Principal Act (as modified by this Act).
...
C107
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:
E260
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.