Local Government Act 2001

Strategic policy committees.

48

48.—(1) A local authority, F76[] shall establish by resolution committees to be known as strategic policy committees to consider matters connected with the formulation, development, monitoring and review of policy which relate to the functions of the local authority and to advise the authority on those matters.

F77[(1A) One of the committees established under subsection (1) shall be to consider matters which relate to the functions of the local authority in relation to economic development and matters connected to the promotion of, including support for, enterprise, and to advise the authority on those matters.]

(2)(a) A strategic policy committee consists partly of persons who are and partly of persons who are not members of the local authority concerned.

(b) The chairperson of a strategic policy committee shall be a member of the local authority concerned.

(3)(a) The establishment of a strategic policy committee shall be undertaken by the local authority in accordance with such guidelines as may be issued by the Minister for that purpose under section 54(2).

(b) Guidelines referred to in paragraph (a) shall include provision for—

F78[(i) the representation of each local community development committee established in accordance with section 49A and of sectoral interests,]

(ii) the term of office of—

(I) members of strategic policy committees, and

(II) chairpersons, which shall not be less than 3 years,

and

(iii) the procedures to apply to ensure fairness and equity in the appointment of chairpersons.

F77[(ba) Guidelines referred to in paragraph (a) may include

(i) provisions for procedures for presentation of proposals to the local authority concerned connected with the formulation, development, monitoring and review of policy for the purposes of this section,

(ii) provisions relating to the format, content and layout of any particular class or classes of policy papers and other documents (including the preparation of preliminary documents) prepared by or presented to the strategic policy committee, and

(iii) provisions for procedures to ensure that sufficient time for input by the strategic policy committee into policy papers is provided prior to completion and subsequent presentation to the local authority concerned.

(bb) Guidelines referred to in paragraph (a) may apply to local authorities generally, to any class or classes of local authorities specified in the guidelines or to a particular local authority so specified and shall, in so far as the guidelines relate to them, be complied with by every local authority, chief executive, strategic policy committee and municipal district member.]

(c) Any guidelines issued by the Minister prior to the commencement of this section and relating to strategic policy committees continue to apply until such time as guidelines are issued under section 54(2).

F77[(3A)(a) For the purposes of assisting a strategic policy committee in considering matters in accordance with subsections (1) and (1A) the committee may request the attendance of a public authority at a meeting of the committee.

(b) Where a public authority refuses or otherwise fails to attend a meeting of a strategic policy committee following a request by the committee, then the chairperson of the committee

(i) may report such refusal or failure to a meeting of the local authority, and

(ii) where so reported, shall provide the meeting of the local authority with any explanation furnished by the public authority for so refusing or failing to attend.

(c) Where any refusal or failure by a public authority is reported to a local authority under paragraph (b), then the local authority may report such refusal or failure, together with any explanation furnished by the public authority, to any Minister of the Government

(i) on whom functions relating to the public authority concerned stand conferred, or

(ii) who has general responsibility for the public authority concerned.

(3B) When formulating, developing, adopting, monitoring and reviewing policies which relate to the functions of a local authority each strategic policy committee of the local authority shall have regard to the regional spatial and economic strategy of the appropriate regional assembly.]

(4) Subject to subsection (5), a member of a local authority who is a member of either House of the Oireachtas is disqualified from being elected or from being a chairperson of a strategic policy committee.

(5) Subsection (4) has effect for the purposes of any election of a chairperson of a strategic policy committee held after the commencement of this section.

(6) An annual report of a local authority shall include an outline of the activities of strategic policy committees during the period to which the annual report relates.

F79[(7) On the commencement of section 2 of the Local Government (No. 2) Act 2003, subsections (4) and (5) cease to apply.]

Annotations

Amendments:

F76

Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 47, S.I. No. 214 of 2014.

F77

Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(a), (c), (d), S.I. No. 214 of 2014.

F78

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(b), S.I. No. 214 of 2014.

F79

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

Modifications (not altering text):

C53

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. 8, 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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8

Section 48

Section shall apply as if “, municipal district member and by the director general of Limerick City and County Council and the Mayor of Limerick” were substituted for “and municipal district member” in paragraph (bb) of subsection (3).

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