Local Government Reform Act 2014

Number 1 of 2014

LOCAL GOVERNMENT REFORM ACT 2014

REVISED

Updated to 16 May 2024

This Revised Act is an administrative consolidation of the Local Government Reform Act 2014. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), enacted 9 May 2024, and all statutory instruments up to and including Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (Commencement) (No. 2) Order 2024 (S.I. No. 207 of 2024), made 14 May 2024, were considered in the preparation of this revision.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 1 of 2014


LOCAL GOVERNMENT REFORM ACT 2014

REVISED

Updated to 16 May 2024


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citations, constructions and commencement

2. Regulations to remove difficulties

3. Interpretation

4. Regulations, orders and directions

5. Repeals, revocations and amendments

6. Savers

7. Expenses

PART 2

Local Government Areas and Local Authorities

8. 2014 establishment day

9. Cesser and amalgamation of certain local government areas

10. Boundaries of amalgamated local government areas

11. Preparation of maps showing county boundaries

12. Local government areas

13. Establishment of local authorities for certain local government areas

14. Amendment of section 11 (establishment, titles and administrative areas of local authorities and consequential provisions) of Principal Act

15. Number of members of local authorities

16. Provisions relating to management of amalgamated local government areas

17. Dissolution of certain local authorities

18. Provisions consequential on dissolutions, etc.

PART 3

Municipal Districts and Dissolution of Town Councils

Chapter 1

Municipal Districts

19. Municipal districts

20. Local electoral areas and municipal districts

21. Functions of municipal district members — amendments to Principal Act

22. Application of certain provisions of the 2001 Act to municipal district members

Chapter 2

Dissolution of Town Councils

23. Definitions (Chapter 2)

24. Dissolution of town councils and transfer date

25. Dissolution of town councils — consequential provisions

PART 4

General Provisions Relating to Dissolutions, etc.

26. Consequential provisions on dissolution of certain bodies

27. Implementation of Act by local authorities, actions in anticipation of 2014 establishment day

28. Elections to local authorities in 2014

PART 5

Financial Provisions Consequential on Dissolutions and Provisions relating to Rates

29. Rates

30. Amalgamation of local funds of certain city councils and county councils

31. Amendment of certain provisions relating to rates on vacant premises

32. Duty to inform rating authority of transfer of relevant property (Repealed)

33. Amalgamated valuation list

34. References to county rate

PART 6

Community Development within Local Authority Areas

Chapter 1

County Development Boards and City Development Boards

35. Dissolution of county development boards and city development boards

Chapter

Local Community Development Committees

36. Local Community Development Committees

PART 7

Local Authority Governance and Management, etc.

37. Alternative titles to Cathaoirleach and Leas-Chathaoirleach, etc.

38. Amendment of section 34 (removal of Cathaoirleach or Leas-Chathaoirleach from office, etc.) of Principal Act

39. Application of Chapter 2 of Part 5 of Principal Act to municipal district members

40. Effective discharge of business

41. Amendment of section 48 (strategic policy committees) of Principal Act

42. Area committees

43. Amendment of section 66 (promotion of interests of local communities) of Principal Act

44. Local economic and community plan

45. Amendment of section 72 (transfer of certain functions to local authorities) of Principal Act

46. Consultation with local community

47. Reserved functions: duty of chief executive

48. Amendment of section 133 (corporate policy group) of Principal Act

49. Amendment of section 134 (corporate plan) of Principal Act

50. Local authority service delivery plans

51. Furnishing of information to elected council

52. Amendment of section 140 (requirement that a particular thing be done) of Principal Act

53. Members’ expenses, remuneration, etc. including training and attendance at conferences, etc.

54. Chief executive

55. Amendment of section 151 (chief executive acting by signed order, etc.) of Principal Act

56. Local authority associations

57. Amendment of Schedule 10 (meetings and proceedings of local authorities) to Principal Act

PART 8

Financial Procedures, Audit and Oversight

Chapter 1

Financial Procedures and Audit

58. Amendment to Chapter 1 (financial procedures) of Part 12 of Principal Act

59. Audit committee

60. Consideration of annual financial statement and auditor’s report

Chapter 2

National Oversight and Audit Commission

61. National Oversight and Audit Commission

PART 9

Regional Assemblies

62. Regional assemblies

PART 10

Regional Assemblies and Regional Spatial and Economic Strategy

63. Regional assemblies and regional spatial and economic strategy

PART 11

Plebiscite on Directly Elected Mayor for Dublin Metropolitan Area

64. Definitions (Part 11)

65. Convening of forum and report to Minister

66. Resolutions of local authorities

67. Holding of plebiscite

68. Persons entitled to vote

69. Report to Houses of the Oireachtas

70. Costs of holding plebiscite

71. Steps taken prior to passing of Act

PART 12

Non-Principal Private Residence Charge and Household Charge

72. Interpretation (Part 12)

73. Repeals relevant to Part 12

74. Arrears of non-principal private residence charge and late payment fees

75. Deceased sole owner and payment of non-principal private residence charge and late payment fees

76. Collection of undischarged liabilities relating to non-principal private residence liabilities

77. Guidance by Minister

78. Validity of non-principal private residence charge and household charge collection activity

PART 13

Local Government Fund and Irish Water

79. Amendment of section 6 of Local Government Act 1998

PART 14

Dublin Docklands Development Authority

80. Amendment of Dublin Docklands Development Authority Act 1997

SCHEDULE 1

Miscellaneous and Consequential Amendments to Local Government Acts 1925 to 2013

PART 1

Miscellaneous and Consequential Amendments to the Local Government Act 2001

PART 2

Miscellaneous and Consequential Amendments to Local Government Acts 1925 to 2013 (other than to the Local Government Act 2001) and to Certain Pre-1922 Local Government Acts

SCHEDULE 2

Consequential Amendments to Other Acts

PART 1

Consequential Amendments to Housing Acts 1966 to 2013

PART 2

Consequential Amendments to Local Elections Acts 1974 to 2012, to Electoral Acts 1992 to 2013 and to Local Elections Regulations 1995

PART 3

Consequential Amendments to Local Government (Multi-Storey Buildings) Act 1988 and to Building Control Act 1990

PART 4

Consequential Amendments to Planning and Development Act 2000

PART 5

Consequential Amendments to Acts Relating to Taxation

PART 6

Minor Amendments to Other Acts

SCHEDULE 3

Reserved Functions

SCHEDULE 4

Consequential Provisions Relating to Local Authorities

SCHEDULE 5

Relevant Body


Acts Referred to

Abattoirs Act 1988

(No. 8)

Adoptive Leave Acts 1995 and 2005

Air Pollution Act 1987

(No. 6)

Air-Raid Precautions Act 1939

(No. 21)

Animal Health and Welfare Act 2013

(No. 15)

Arterial Drainage (Amendment) Act 1995

(No. 14)

Arterial Drainage Act 1945

(No. 3)

Building Control Act 1990

(No. 3)

Building Control Acts 1990 and 2007

Canals Act 1986

(No. 3)

Capital Acquisitions Tax Consolidation Act 2003

(No. 1)

Carer’s Leave Act 2001

(No. 19)

Casual Trading Act 1995

(No. 19)

City and County Management (Amendment) Act 1955

(No. 12)

Civil Defence Act 2012

(No. 51)

Civil Defence Acts 1939 to 2012

Coast Protection Act 1963

(No. 12)

Companies Act 1990

(No. 33)

Control of Dogs Act 1986

(No. 32)

Control of Dogs Acts 1986 to 2010

Control of Horses Act 1996

(No. 37)

Cork City Management Act 1941

(No. 5)

Criminal Justice (Public Order) Act 1994

(No. 2)

Criminal Justice (Public Order) Acts 1994 to 2011

Dangerous Substances Act 1972

(No. 10)

Data Protection Act 1988

(No. 25)

Disability Act 2005

(No. 14)

Dog Breeding Establishments Act 2010

(No. 29)

Dublin Docklands Development Authority Act 1997

(No. 7)

Dublin Transport Authority Act 2008

(No. 15)

Education and Training Boards Act 2013

(No. 11)

Electoral (Amendment) Act 1996

(No. 43)

Electoral Act 1992

(No. 23)

Electoral Act 1997

(No. 25)

Electoral Acts 1992 to 2013

Electoral Acts 1992 to 2014

Electoral, Local Government and Planning and Development Act 2013

(No. 27)

Energy (Miscellaneous Provisions) Act 1995

(No. 35)

Energy (Miscellaneous Provisions) Act 2006

(No. 40)

Environment (Miscellaneous Provisions) Act 2011

(No. 20)

Environmental Protection Agency Act 1992

(No. 7)

European Parliament Elections Act 1997

(No. 2)

Finance (Local Property Tax) Act 2012

(No. 52)

Fire Services Act 1981

(No. 30)

Fisheries (Amendment) Act 1997

(No. 23)

Foreshore (Amendment) Act 1992

(No. 17)

Foreshore Acts 1933 to 2011

Freedom of Information Act 1997

(No. 13)

Gaming and Lotteries Act 1956

(No. 2)

Gas Act 1976

(No. 30)

Gas Regulation Act 1982

(No. 16)

Harbours Act 1996

(No. 11)

Health (Fluoridation of Water Supplies) Act 1960

(No. 46)

Health Act 2004

(No. 42)

Health Acts 1947 to 2013

Housing (Miscellaneous Provisions) Act 1992

(No. 18)

Housing (Miscellaneous Provisions) Act 2002

(No. 2)

Housing (Miscellaneous Provisions) Act 2009

(No. 22)

Housing (Private Rented Dwellings) (Amendment) Act 1983

(No. 22)

Housing (Private Rented Dwellings) Act 1982

(No. 6)

Housing (Traveller Accommodation) Act 1998

(No. 33)

Housing Act 1966

(No. 21)

Housing Acts 1966 to 2013

Intoxicating Liquor Act 1927

(No. 15)

Intoxicating Liquor Act 2003

(No. 31)

Irish Sports Council Act 1999

(No. 6)

Licensing of Indoor Events Act 2003

(No. 15)

Limerick City Management Act 1934 (No. 35)

Litter Pollution Act 1997

(No. 12)

Local Authorities (Officers and Employees) Act 1926

(No. 39)

Local Authorities (Traffic Wardens) Act 1975

(No. 14)

Local Elections (Disclosure of Donations and Expenditure) Act 1999

(No. 7)

Local Elections (Petitions and Disqualifications) Act 1974

(No. 8)

Local Elections Acts 1974 to 2012

Local Government (Business Improvement Districts) Act 2006

(No. 42)

Local Government (Charges) Act 2009

(No. 30)

Local Government (Dublin) Act 1930

(No. 27)

Local Government (Financial Provisions) Act 1978

(No. 35)

Local Government (Household Charge) Act 2011

(No. 36)

Local Government (Ireland) Act 1871

(34 & 35 Vict., c.109)

Local Government (Ireland) Act 1898

(61 & 62 Vict., c.37)

Local Government (Ireland) Act 1902

(2 Edw. 7, c. 38)

Local Government (Miscellaneous Provisions) Act 2012

(No. 17)

Local Government (Multi-Storey Buildings) Act 1988

(No. 17)

Local Government (Multi-Storey Buildings) Act 1988

(No. 29)

Local Government (Rates) Act 1970

(No. 2)

Local Government (Sanitary Services) Act 1948

(No. 3)

Local Government (Water Pollution) (Amendment) Act 1990

(No. 21)

Local Government (Water Pollution) Act 1977

(No. 1)

Local Government Act 1941

(No. 23)

Local Government Act 1946

(No. 24)

Local Government Act 1991

(No. 11)

Local Government Act 1994

(No. 8)

Local Government Act 1998

(No. 16)

Local Government Act 2000

(No. 25)

Local Government Act 2001

(No. 37)

Local Government Acts 1925 to 2013

Local Government Dublin Act 1930

(No. 27)

Local Government Services (Corporate Bodies) Act 1971

(No. 6)

Maternity Protection Acts 1994 and 2004

Merchant Shipping (Salvage and Wreck) Act 1993

(No. 34)

Merchant Shipping Acts 1894 to 2010

Minimum Notice and Terms of Employment Acts 1973 to 2005

Ministers and Secretaries (Amendment) Act 2011

(No. 10)

Motor Vehicle (Duties and Licences) Act 2013

(No. 7)

National Asset Management Agency Act 2009

(No. 34)

National Disability Authority Act 1999

(No. 14)

National Monuments (Amendment) Act 1987

(No. 17)

National Monuments Act 1930

(No. 2)

National Monuments Acts 1930 to 2004

Organisation of Working Time Act 1997

(No. 20)

Parental Leave Acts 1998 and 2006

Payment of Wages Act 1991

(No. 25)

Planning and Development (Amendment) Act 2002

(No. 32)

Planning and Development (Amendment) Act 2010

(No. 30)

Planning and Development Act 2000

(No. 30)

Planning and Development Acts 2000 to 2013

Poor Relief (Ireland) Act 1838

(1 & 2 Vict., c. 56)

Poor Relief (Ireland) Act 1849

(12 & 13 Vict., c. 104)

Presidential Elections Act 1993

(No. 28)

Protection of Employees (Fixed-Term Work) Act 2003

(No. 29)

Protection of Employees (Part-Time Work) Act 2001

(No. 45)

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007

(No. 27)

Protection of Employment Act 1977

(No. 7)

Protection of Employment Acts 1977 to 2007

Protection of the Environment Act 2003

(No. 27)

Protection of Young Persons (Employment) Act 1996

(No. 16)

Public Libraries (Ireland) Act 1894 (57 & 58 Vict., c. 38)

Public Libraries Act (Ireland) 1855 (18 & 19 Vict., c. 40)

Public Service Management (Recruitment and Appointments) Act 2004

(No. 33)

Public Transport Regulation Act 2009

(No. 37)

Redundancy Payments Act 1967

(No. 21)

Redundancy Payments Acts 1967 to 2012

Redundancy Payments Acts 1996 to 2011

Road Traffic Act 1961

(No. 24)

Road Traffic Act 1994

(No. 7)

Road Traffic Act 2002

(No. 12)

Road Traffic Act 2004

(No. 44)

Roads Act 1993

(No. 14)

Sea Pollution (Amendment) Act 1999

(No. 18)

Sea Pollution (Miscellaneous Provisions) Act 2006

(No. 29)

Sea Pollution Acts 1991 to 2006

Shannon Electricity Act 1925

(No. 26)

Social Welfare (Consolidation) Act 1981

(No. 1)

Student Support Act 2011

(No. 4)

Survey (Ireland) Acts 1825 to 1870

Taxes Consolidation Act 1997

(No. 39)

Terms of Employment (Information) Act 1994

(No. 5)

Terms of Employment (Information) Acts 1994 to 2012

Transport Act 1950

(No. 12)

Unfair Dismissals Act 1977

(No. 10)

Unfair Dismissals Acts 1977 to 2007

Universities Act 1997

(No. 24)

Urban Renewal Act 1998

(No. 27)

Valuation Act 2001

(No. 13)

Valuation Acts 2001 and 2006

Waste Management (Amendment) Act 2001

(No. 36)

Waste Management Act 1996

(No. 10)

Water Services Act 2007

(No. 30)

Waterford City Management Act 1939

(No. 25)


Number 1 of 2014


LOCAL GOVERNMENT REFORM ACT 2014

REVISED

Updated to 16 May 2024


An Act to make further and better provision in relation to local government and, in particular, to amalgamate Limerick County Council with Limerick City Council, Waterford County Council with Waterford City Council and North Tipperary County Council with South Tipperary County Council, to provide for the position of chief executive in relation to each local authority, to dissolve town councils, to make provision for municipal districts, to assign additional reserved functions to local authority members, to dissolve County Development Boards and City Development Boards and make provision for the establishment of Local Community Development Committees, for planning and oversight of Local and Community Development Programmes, to provide for an increased role for local authorities in economic development and enterprise support, to amend the Local Government Act 1991 and provide for regional assemblies, to enable (subject to certain preconditions) a plebiscite to be held in the administrative areas of the local authorities in the Dublin area in respect of a directly elected mayor for that area and for those and other purposes to amend the Local Government Acts 1925 to 2013, the Local Elections Acts 1974 to 2012and other enactments relating to elections, the Housing Acts 1966 to 2013 and the Planning and Development Act 2000, to amend other Acts in connection with the foregoing matters, to amend section 20 of the Dublin Docklands Development Authority Act 1997 and to provide for related matters.

[27 th January, 2014]

Be it enacted by the Oireachtas as follows:

Annotations

Modifications (not altering text):

C1

Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and "deputy chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.

Functions of Mayor

10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a reference in any enactment (other than 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 Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Príomh Chomhairleoir

23.  (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.

(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.

(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Leas-Phríomh Chomhairleoir

25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

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.

...

Deputy director general

28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.

(2) The person who, immediately before the vesting day, was the deputy 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 any enactment to deputy chief executive shall, in so far as the reference applies to the deputy chief executive of Limerick City and County Council, be construed as a reference to the deputy director general, or as including a reference to the deputy director general, as the context may require.

(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

PART 1

Enactments for Purposes of Sections 10 and 23

Number and Year

(1)

Provision

(2)

Extent of Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14.

PART 2

Enactments for Purposes of Sections 10 and 26

...