Local Government Act 2001

Interpretation generally.

2

2.—(1) In this Act, except where the context otherwise requires—

F2["2014 establishment day" means the day appointed by order under section 8 of the Local Government Reform Act 2014 to be the establishment day for the purposes of that Act;]

“Act of 2000” means the Planning and Development Act, 2000;

F3["administrative area" means an area standing established under section 10 for the purposes of local government and which is—

(a) a county in the case of a county council,

(b) a city in the case of a city council,

(c) a city and county in the case of a city and county council;]

“annual meeting” means an annual meeting of a local authority as provided for in paragraph 3 of Schedule 10;

“annual report”, in the context of a local authority, means a report under section 221;

“casual vacancy” shall be read in accordance with section 19(1);

“Cathaoirleach” has the meaning given to it by section 31;

F2["chief executive" means a chief executive for the purposes of section 144;]

F4["city council" means a local authority to which section 11(2)(b) relates;]

F2["city and county council" means a local authority to which section 11(2)(c) relates;]

F5[…]

“committee” means a committee of a local authority established under Part 7;

“corporate plan” has the meaning given to it by section 134;

“corporate policy group” means a committee established under section 133(1);

F4["county council" means a local authority to which section 11(2) (a) relates;]

F5[…]

F6[…]

“direction” means a direction in writing given by—

(a) the Minister under this Act, or

(b) an appropriate Minister under Chapter 4 of Part 14;

“Director of Audit” means a person appointed under section 116;

“elected council” means the members of the local authority concerned and shall be read in accordance with section 11(5);

“election year” means a year in which a local election is held;

“enactment” includes a statutory instrument within the meaning given by section 3 of the Interpretation Act, 1937;

“establishment day” means the day appointed by the Minister by order under section 9 to be the establishment day for the purposes of this Act;

“excluded day” means a day which is a Saturday, Sunday or public holiday (within the meaning given by the Organisation of Working Time Act, 1997) or any other day on which the principal offices of the local authority concerned are closed;

“executive function” shall be read in accordance with section 149;

“functions” includes powers and duties and a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties;

“joint body” means—

(a) F5[…]

(b) a joint drainage board,

(c) a joint drainage committee,

(d) F5[…]

(e) a joint burial committee,

(f) a joint committee to which section 52(5) applies, or

(g) such other body as may be prescribed by regulations made by the Minister under section 144(7);

“joint committee” means a joint committee established under Part 7;

“land” has the meaning given to it by the Act of 2000;

“Leas-Chathaoirleach” has the meaning given to it by section 31;

F4["local authority" means—

(a) in relation to a municipal district, the county council or the city and county council in which the municipal district is situated, and

(b) in every other case—

(i) a county council,

(ii) a city council,

(iii) a city and county council;]

“local authority budget” means a budget adopted under section 103(7) and “budget”, in relation to a local authority, shall be read accordingly;

“local authority budget meeting” has the meaning given to it by section 103;

“local community” means persons ordinarily resident in the administrative area of the local authority concerned and, where relevant as regards a function of the authority, includes persons from outside that area who regularly use facilities of a social, economic, recreational, cultural or other nature provided by the authority;

“local consultative committee” has the meaning given to it by section 21 of the Housing (Traveller Accommodation) Act, 1998;

F2["local economic and community plan" means a plan to which sections 66A to 66H relate;]

“local election” means an election under Part 4;

“local electoral area” means an area referred to in section 23 by reference to which a local election is held;

F7["local fund" has the meaning given to it by section 97;]

F5[…]

“local government elector” means a person entitled to vote at a local election;

F5[…]

“meetings administrator” shall be read in accordance with section 46;

“member”, in relation to a local authority, includes a Cathaoirleach and Leas-Chathaoirleach;

“Minister” means the Minister for the Environment and Local Government;

F2["municipal district" shall be read in accordance with section 22A;

"municipal district members" shall be read in accordance with section 22B;]

“ordinary day of retirement” has the meaning given to it by section 17;

“public authority” means—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) a harbour authority within the meaning of the Harbours Act, 1946,

F8[(d) the Health Service Executive established under section 6 of the Health Act 2004]

(e) a board or other body (but not including a company under the Companies Acts, 1963 to 1999) established by or under statute,

(f) a company under the Companies Acts, 1963 to 1999, in which all the shares are held—

(i) by or on behalf of a Minister of the Government,

(ii) by directors appointed by a Minister of the Government, or

(iii) by a board, company or other body referred to in paragraph (e) or subparagraph (i) or (ii),

F9[(g) the Child and Family Agency established under section 7 of the Child and Family Agency Act 2013, and

(h) such other body as may be prescribed by regulations made by the Minister for the purposes of any provision of this Act.]

“public local inquiry” means an inquiry held under Part 20 and “inquiry” shall be read accordingly;

“public notice”, in the context of a local authority, means a notice published in at least one newspaper circulating in the local authority’s administrative area;

F4["rating authority" means—

(a) a county council,

(b) a city council, or

(c) a city and county council;]

“register of electors” has the meaning given to it by section 24(1);

F4["reserved function" shall be read in accordance with sections 131 and 131A;]

“standing orders”, in the context of a local authority, has the meaning given by paragraph 16(1) of Schedule 10;

“strategic policy committee” has the meaning given by section 48;

“structure” means any building, erection, structure (including a movable structure), excavation, or other thing constructed, erected, made or placed on, in or under any land, or any part of a structure so defined and, where the context so admits, includes the land on, in or under which the structure is situated;

F2["transfer date" has the meaning given in section 23 of the Local Government Reform Act 2014. ]

F10[…]

(2) In this Act a reference to the total number of members of a local authority shall be read as the number of members of the local authority concerned as determined by section 21.

(3) In this Act a reference to local government areas or to the administrative area of a local authority does not include an area added for local electoral purposes only under section 17 of the Local Government Act, 1994.

(4) In this Act a reference to a person being disqualified from election or co-option to a local authority shall be read as including a disqualification from nomination for election or co-option to a local authority.

(5) In this Act, except where the context otherwise requires, a reference to social inclusion or its promotion shall be read as including a reference to any policy, objective, measure or activity designed to counteract poverty or other social deprivation or to facilitate greater participation by marginalised groups in the social, economic and cultural life of the local community.

(6) In this Act, except where the context otherwise requires—

(a) a reference to a section, Chapter, Part or Schedule is a reference to a section, Chapter or Part of, or Schedule to, this Act, as the case may be, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph, subparagraph, clause or subclause is to the subsection, paragraph, subparagraph, clause or subclause of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(7) In this Act, a reference to any enactment shall be read as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment, including this Act.

Annotations

Amendments:

F2

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

F3

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1), 25(4)(a) and sch. 1 part 1 item 2, S.I. No. 214 of 2014.

F4

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

F5

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

F6

Deleted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.

F7

Inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 2, S.I. No. 165 of 2007.

F8

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 21 item 1, S.I. No. 887 of 2004, art. 2(i).

F9

Substituted and inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 15 item 1, S.I. No. 502 of 2013.

F10

Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 5(1), 25(4)(a) and sch. 1 part 1 item 18, S.I. No. 214 of 2014.

F11

Inserted by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 18, not commenced as of date of revision.

F12

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):

C9

Prospective affecting provision: subs. (1) amended by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 18, not commenced as of date of revision.

2.— (1) ...

F11["Act of 2024" means the Planning and Development Act 2024;]

...

“land” has the meaning given to it by the F12[Act of 2024];

...

C10

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. 1, 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)

1

Section 2

Section shall apply as if the following definition were substituted for the definition of “member” in subsection (1):

“ ‘member’, in relation to Limerick City and County Council, includes the Mayor of Limerick, the Príomh Chomhairleoir of Limerick City and County Council and the Leas-Phríomh Chomhairleoir of that council;”.

...

...

...

C11

Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and "deputy chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 23, 25, 26, 28 and sch. 1, S.I. No. 207 of 2024, subject to transitional provisions in s. 4.

Functions of Mayor

10. (1) All functions (other than 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 Mayor.

(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a reference in any enactment (other than 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 Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

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.

...

Functions of Leas-Phríomh Chomhairleoir

25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh 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.

...

Deputy director general

28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.

(2) The person who, immediately before the vesting day, was the deputy 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 any enactment to deputy chief executive shall, in so far as the reference applies to the deputy chief executive of Limerick City and County Council, be construed as a reference to the deputy director general, or as including a reference to the deputy 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.

...

...

...

C12

References to "county council" and "city council", and to "administrative area of a county council" or "administrative area of a city council" construed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), (3),S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9. ...

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

(3) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to the administrative area of a county council or the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council or the administrative area of a city and county council, and

(b) to the administrative area of a county council and the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council and the administrative area of a city and county council.

C13

Alternate commencement date for amendments by Local Government Reform Act 2014 (1/2014) prescribed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(1)(e), commenced as per s. 28(5).

Elections to local authorities in 2014

28. (1) For the purpose of holding in 2014 elections of members of local authorities— ...

(e) such other amendments by this Act to the Principal Act as are necessary to enable the holding of local elections shall have effect, including amendments to section 2 of the Principal Act,

...

(5) This section has effect upon the passing of this Act.