Local Government Act 2001

Power to direct payment of certain costs in relation to a public local inquiry, etc.

214

214.—(1) Where a public local inquiry is held under this Part, the Minister may in his or her absolute discretion direct the payment of such sum as he or she considers reasonable by—

(a) any local authority concerned in such inquiry to the Minister towards the costs incurred by the Minister in holding the inquiry including any payment made under section 213(8),

(b) any local authority concerned in such inquiry to any person appearing at the inquiry towards the costs incurred by such person, other than costs of such nature as is provided for in subsection (3),

(c) any person appearing at the inquiry to the Minister or to any local authority concerned in such inquiry towards the costs incurred by the Minister or by that authority.

(2) A reference to costs in subsection (1) shall be read as a reference to such costs as the Minister may in his or her absolute discretion determine to be the reasonable costs and irrespective of any amount claimed to have been incurred.

(3)(a) A local authority concerned in a local inquiry held by an inspector under this or any other enactment, shall, if so directed by the inspector, pay or tender to any person whose attendance at the inquiry such inspector requires by notice under section 213(3) reasonable subsistence and travelling expenses.

(b) The expenses referred to in paragraph (a) shall be determined by that local authority in accordance with the rates for the time being applicable to senior local authority employees.

(4) Where the Minister gives a direction under subsection (1) or an inspector under subsection (3) and a local authority or person the subject of the direction fails to pay such sum as may be specified in the direction to the Minister, to the local authority or other person, as the case may be, the Minister, local authority or that person (as may be appropriate) may recover such sum as a simple contract debt in any court of competent jurisdiction.

(5) Nothing in section 153 shall operate to prejudice the separate appearance or representation, subject to the consent of the Minister, of a F282[chief executive] at a public local inquiry to which section 212(1)(a) applies in relation to a local authority for which he or she is F282[chief executive] and in such circumstances for the members of the local authority, subject to such consent, by resolution to engage and instruct representation on behalf of the local authority.

Annotations

Amendments:

F282

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 160, S.I. No. 214 of 2014.

Modifications (not altering text):

C163

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. 34, 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.

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SCHEDULE 3

APPLICATION OF PRINCIPAL ACT TO LIMERICK

Reference Number

(1)

Provision

(2)

Extent of Modification

(3)

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34

Section 214

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, in subsection (5)—

(a) “the Mayor of Limerick” were substituted for “a chief executive”,

(b) “Limerick City and County Council” were substituted for “a local authority for which he or she is chief executive”, and

(c) “Limerick City and County Council” were substituted for “the local authority” in each place that it occurs.

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C164

Functions transferred and references construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 26 and sch. 1 part 2, S.I. No. 207 of 2024, subject to transitional provisions in s. 4.

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.

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SCHEDULE 1

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PART 2

Enactments for Purposes of Sections 10 and 26

Number and Year

(1)

Short Title

(2)

Provision

(3)

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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.

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