Local Government Act 2001

Joint committees of local authorities.

52

52.—(1) In this section “local authority” includes such other bodies (if any) as may be prescribed by regulations made by the Minister.

(2) If 2 or more local authorities consider it appropriate to do so, they may, by resolution of each of the authorities, jointly establish either or both—

(a) a joint committee of those authorities to consider matters connected with the functions of the authorities specified in the resolution and to advise the authorities on those matters, and

(b) a joint committee of those authorities to perform functions of those authorities delegated to it by them under subsection (6).

(3) A local authority may join in the establishment of more than one joint committee.

(4) More than one joint committee may be established by the same local authorities.

(5) Where resolutions under subsection (2)(b) relating to a joint committee, with the consent of the Minister, so provide—

(a) the joint committee shall be a body corporate with perpetual succession and be known by such name as may be specified in the resolutions or determined by the joint committee,

(b) the joint committee may sue and be sued in its corporate name,

(c) the joint committee has power to acquire, hold, manage, maintain and dispose of land or an interest in land,

(d) the joint committee shall have a common seal which shall be authenticated by the signature of the chairperson, or of an employee nominated in writing for that purpose by the F81[chief executive], following consultation with the chairperson,

(e) judicial notice shall be taken of the seal of the joint committee and every document claiming to be an instrument made by it and to be sealed with its seal, claiming to be authenticated in accordance with paragraph (d), shall be received in evidence and be deemed to be that instrument without further proof unless the contrary is shown.

(6)(a) Subject to this subsection a local authority by resolution, and with the consent of the other authorities concerned, may delegate with or without restrictions to a joint committee established under subsection (2)(b) any of its functions that may be performed by resolution.

(b) Paragraph (a) does not apply to the functions of a local authority to adopt the local authority budget or to determine an annual rate on valuation or any other functions as may be prescribed by regulations made by the Minister.

(c) 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.

(7) The Minister may direct a local authority—

(a) to establish a joint committee under subsection (2) with one or more other local authorities as may be specified in the direction, and

(b) where appropriate, subject to such (if any) conditions or restrictions as may be specified in the direction, to delegate to the joint committee such of the functions of the local authority as may be specified in the direction,

upon and subject to such terms and conditions as may be specified in the direction.

(8) A joint committee may be dissolved by resolution of any one of the local authorities by which it was established with, in the case of a joint committee established by virtue of a direction under subsection (7), or to which subsection (5) applies, the consent of the Minister, but the dissolution is without prejudice to anything previously done by the committee.

(9) Where a joint committee is established under subsection (2)(b) such executive functions as may be appropriate to the functions delegated under that subsection shall vest in the F81[chief executive] for that joint committee.

(10)(a) The members of a joint committee shall be appointed by the local authorities by which it was established by each authority appointing such number of persons to be members of the joint committee as may be agreed upon by those authorities.

(b) A joint committee consists of 6 or more persons, as is agreed by the local authorities by which it was established and may, subject to paragraph (c), at the discretion of those authorities, be composed either wholly of persons who are members of those authorities or partly of persons who are, and partly of persons who are not, such members.

(c) A person who is not a member of one of the local authorities concerned shall not be appointed to be a member of a joint committee unless, in the opinion of the authority by which he or she is so appointed, he or she possesses knowledge, qualifications or experience relevant to the functions of the joint committee.

(11)(a) Notwithstanding the repeal or revocation under section 5 of an enactment by or under which a joint 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.

(b) Except as provided for by this section or otherwise by law, it is not lawful for local authorities to establish a joint committee or to delegate any of their functions to a joint committee.

Annotations

Amendments:

F81

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 49, 50, S.I. No. 214 of 2014.

Modifications (not altering text):

C54

Section applied with modifications by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 5 and sch. 3 ref. no. 9, 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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9

Section 52

Section shall, in addition to its applying to the director general by virtue of subsection (3) of section 26, apply as if “Mayor of Limerick” were substituted for “chief executive” in subsection (9).

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C55

Functions transferred and references construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 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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