Local Government Act 2001
Committees of local authorities.
51.—(1) If a local authority considers it appropriate, it may by resolution establish either or both—
(a) one or more than one committee to consider matters connected with the functions of the authority referred to it by the authority and to assist and advise the authority on those matters, and
(b) one or more than one committee to perform functions of the authority delegated to it under this section but may not delegate generally all of its functions to any committee.
(2) (a) A local authority may, by resolution, delegate with or without restrictions to a committee established under subsection (1)(b) any of its functions that may be performed by resolution other than—
(i) the power to adopt the local authority budget,
(ii) the power to make a development plan, or to make a variation of a development plan, under Part II of the Act of 2000,
(iii) the power to determine an annual rate on valuation or borrow money, or
(iv) any other functions as may be prescribed by regulations made by the Minister.
(b) It is necessary for the passing of a resolution under paragraph (a) that at least one-half of the total number of members of the local authority concerned vote in favour of the resolution.
(3) A local authority may, by resolution, dissolve a committee established by it but the dissolution is without prejudice to anything previously done by the committee.
(4) (a) The members of a committee first appointed shall be appointed by resolution of the local authority by which it was established and subsequent appointments shall be by such resolution or in such other manner as that local authority may provide for by resolution.
(b) A committee consists of such number of persons, not being less than 3, as the local authority by which it was established considers appropriate.
(c) Subject to paragraph (d), a committee may at the discretion of the local authority by which it was established, consist either wholly of persons who are members of that authority or partly of persons who are, and partly of persons who are not, such members.
(d) A person who is not a member of the local authority concerned shall not be appointed to be a member of a committee unless, in the opinion of the authority, he or she is a person having knowledge, qualifications or experience relevant to the functions of the committee.
(5) Notwithstanding the repeal or revocation under section 5 of an enactment by or under which a committee of a local authority stood established immediately before such repeal or revocation the committee shall continue to stand established after such repeal or revocation as if it was established under this section and this Part applies and has effect accordingly in relation to it.
(6) Unless dissolved in accordance with subsection (3) a committee shall be deemed to be dissolved on the ordinary day of retirement of members of the local authority concerned in accordance with section 17.
(7) A reference to a committee in this section includes a committee established under section 50.
(8) Nothing in this section prejudices the establishment and continued operation of a local consultative committee.
Annotations
Amendments:
F83
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):
C54
Prospective affecting provision: subs. (2)(a)(ii) 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) ...
(a) ...
(ii) the power to make a development plan, or to make a variation of a development plan, under F83[Part 3 of the Act of 2024],
...
C55
Application of subss. (1)(a), (3), (4) and (6) extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 9(1), in effect as per reg. 3.
Establishment of one or more than one committee.
9. (1) The provisions of subsections (1)(a), (3), (4) and (6) of section 51 of the Act shall apply and have effect in relation to the establishment of one or more than one committee by municipal district members to consider matters connected with the functions to be performed by those members, with the following modifications:—
(a) as if, in subsection (1), the reference to “if a local authority considers it appropriate, it may” were a reference to “if municipal district members consider it appropriate, they may” and the references to “the authority” were references to “the members”,
(b) as if, in subsection (3), the reference to “a local authority” were a reference to “municipal district members” and the reference to “established by it” were a reference to “established by them”,
(c) as if, in subsection (4):—
(i) the reference in paragraph (a) to “the local authority” were a reference to “the municipal district members” and the reference to “that local authority” were a reference to “those municipal district members”,
(ii) the reference in paragraph (b) to “the local authority by which it was established considers appropriate” were a reference to “the municipal district members by which it was established consider appropriate”,
(iii) the reference in paragraph (c) to “the local authority” were a reference to “municipal district members” and the reference to “members of that authority” were a reference to “members in respect of that municipal district”, and
(iv) the reference in paragraph (d) to “member of the local authority concerned” were a reference to “member in respect of the municipal district concerned” and the reference to “the authority” were a reference to “the municipal district members”.
...