Local Government Act 2001
Requirement that a particular thing be done.
140.—(1) In this section “local authority” includes a joint body.
(2) Subject to this section, an elected council or joint body may by resolution require any particular act, matter or thing specifically mentioned in the resolution and which the local authority or the F216[chief executive] concerned can lawfully do or effect, to be done or effected in the performance of the executive functions of the local authority.
(3) Notice of the intention to propose a resolution under this section shall be given in writing to the F216[chief executive] and the notice—
(a) shall be signed by F217[at least 2 members],
(b) shall contain the text of the proposed resolution, and
(c) may require that the proposed resolution be considered at a special meeting and shall then specify a day (F217[not less than 5 days] after the day on which the notice is received by the F216[chief executive]) for the holding of the special meeting.
(4) A resolution under this section shall not be considered at a meeting of the local authority which is held F217[less than 5 days] after the day on which the F216[chief executive] received the relevant notice under subsection (3).
(5) Where the F216[chief executive] receives a notice under subsection (3), he or she shall, as soon as possible, send a copy of the notice to every member of the local authority and, if the notice requires a special meeting and subsection (6) does not apply, a special meeting of the local authority shall be convened for the day specified in that behalf in the notice.
(6) Where a notice under subsection (3) specifies a day for the holding of a special meeting, and an ordinary meeting of the local authority is to be held on a day within the period of 14 days after the day on which the F216[chief executive] receives the notice, the resolution shall be considered at that ordinary meeting and a special meeting shall not be convened.
(7) Without prejudice to any other relevant requirements, it is necessary for the passing of a resolution under this section that at least one-third of the total number of members of the local authority concerned vote in favour of the resolution.
(8) A motion to pass a resolution under this section shall be considered before any other business at the meeting, other than—
(a) the election of a Cathaoirleach at any meeting where that office falls to be filled in accordance with Part 5, or
(b) any other business which the elected council or joint body may decide should take precedence.
(9) Where a resolution is duly and lawfully passed under this section, and if and when and in so far as money for its purpose is or has been provided, the F216[chief executive] shall cause the act, matter or thing mentioned in the resolution to be implemented.
(10) A resolution under this section does not apply or extend—
(a) to the performance of any function of a local authority generally,
F218[(aa) to the performance of any function, the doing of any act or the making of any decision under or for the purposes of the Local Government Act 2019,]
(b) to every case or occasion of the performance of any such function or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which any such function is performed,
(c) to every case or occasion of the performance of any such function in a particular area or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which any such function is performed in that area, F219[…]
F220[(d) so as to prevent the performance of any function of a local authority which the authority or the chief executive is required by law or by order of a court to perform,
(e) to any act, matter or thing to be done or effected in the performance of the executive functions of a local authority in respect of its functions as a planning authority under the Planning and Development Act 2000, or
(f) to a decision to provide, to any named person or group, any service, finance or other form of assistance or benefit, financial or otherwise.]
and any resolution claiming to be passed under this section which contravenes this subsection is void.
(11) This section is without prejudice to section 34 of the Act of 2000 insofar as the said section 34 applies to notices under subsection (3) and resolutions referred to in subsection (7).
Annotations
Amendments:
F216
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 103-108, S.I. No. 214 of 2014.
F217
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 52(a)-(c), S.I. No. 214 of 2014.
F218
Inserted (31.01.2019) by Local Government Act 2019 (1/2019), s. 35(c), S.I. No. 20 of 2019.
F219
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 52(d), S.I. No. 214 of 2014.
F220
Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 52(d), S.I. No. 214 of 2014.
F221
Substituted by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 18, not commenced as of date of revision.
Modifications (not altering text):
C108
Prospective affecting provision: subss. (10)(e), (11) amended by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 18, not commenced as of date of revision.
(10) ...
(e) to any act, matter or thing to be done or effected in the performance of the executive functions of a local authority in respect of its functions as a planning authority under the F221[Planning and Development Act 2000 or the Act of 2024], or
...
(11) This section is without prejudice to F221[Chapter 3 of Part 4 of the Act of 2024 insofar as the said Chapter] applies to notices under subsection (3) and resolutions referred to in subsection (7).
C109
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.
...
C110
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. 21, 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) |
|
... |
... |
... |
|
21 |
Section 140 |
Section shall, in addition to its applying to the director general by virtue of subsection (3) of section 26 , apply to the Mayor as if “Mayor of Limerick” were substituted for “chief executive” in each place that it occurs. |
|
... |
... |
... |
C111
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.
...
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.
...
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. |
PART 2
Enactments for Purposes of Sections 10 and 26
|
Number and Year (1) |
Short Title (2) |
Provision (3) |
|
... |
... |
... |
|
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. |
|
... |
... |
... |
...
C112
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).
...
C113
Application of section restricted (8.03.2023) 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:
E261
Local Government Reform Act 2014 (1/2014), s. 36(4) provides for the amendment of subs. (10) in the manner set out in sch. 1 of that Act, but no amendment is listed in the schedule.
E262
Previous affecting provision: application of section restricted by Water Services Act 2007 (30/2007), s. 36(5)(b), (16), not commenced; repealed (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 4(1), S.I. No. 575 of 2013.