Local Government Act 2001
Statement of local authority functions.
63.—(1) The functions of a local authority are—
(a) to provide a forum for the democratic representation of the local community, in accordance with section 64, and to provide civic leadership for that community,
(b) to carry out such functions as may at any material time stand conferred on the relevant authority by or under any enactment (including this Act and any other enactment whether enacted before or after this Act),
(c) to carry out any ancillary functions under section 65, and
(d) to take such action as it considers necessary or desirable to promote the community interest in accordance with section 66.
(2)(a) Without prejudice to the scope of subsection (1)(b) and for ease of reference only, there is set out—
(i) in Part 1 of Schedule 12, certain Acts of the Oireachtas, the responsibility for which is primarily that of the Minister, which confer functions on local authorities or on classes of local authorities, and
(ii) in Part 2 of Schedule 12, certain Acts of the Oireachtas, the responsibility for which is primarily that of a Minister of the Government other than the Minister, which confer functions on local authorities or on classes of local authorities.
(b) Paragraph (a) shall not be read as setting out all relevant Acts which confer functions on local authorities or on classes of local authorities.
(3) Subject to law, a local authority is independent in the performance of its functions.
F93[(4) Subject to law, the functions of a local authority shall be performed for or on behalf of the local authority and in its name by the elected council (including the municipal district members in respect of each municipal district pursuant to section 131A) or the chief executive, as may be appropriate, in accordance with Part 14.]
Annotations
Amendments:
F93
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(1), S.I. No. 214 of 2014.
Modifications (not altering text):
C59
Subs. (4) 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. 10, 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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10 |
Section 63 |
Section shall apply as if “, the Mayor of Limerick or the director general of Limerick City and County Council” were substituted for “or the chief executive” in subsection (4). |
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