Local Government Reform Act 2014

14.

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

14. Section 11 of the Principal Act is amended—

(a) by substituting the following for subsections (1) to (3):

“(1) On and from the 2014 establishment day and for the purposes of local government, the areas referred to in subsection (2) of section 10 (as amended by section 12(1) of the Local Government Reform Act 2014) shall each have a local authority as provided for in this section.

(2) With effect from the 2014 establishment day—

(a) for each county set out in Part 1 of Schedule 5 (as amended by section 12(2) of the Local Government Reform Act 2014)—

(i) in the case of Tipperary, there stands established, under this section, and

(ii) in every other case there continues to stand established under this section,

a body for the purposes of local government,

(b) for each city set out in Part 2 of Schedule 5 (as so amended) there continues to stand established under this section a body for the purposes of local government, and

(c) for each city and county set out in Part 3 of Schedule 5 (as so amended) there stands established under section 13(1) of the Local Government Reform Act 2014 a body for the purposes of local government,

and each such body is a local authority and each such county, city, or city and county, as the case may be, is its administrative area.

(3) The local authorities referred to in subsection (2) are the primary units of local government and shall be known by—

(a) in the case of a county set out in Part 1 of Schedule 5—

(i) in the Irish language, the name of the local authority concerned as set out in column 2 of Chapter 1 of that Part opposite the mention in column 1 of that county,

(ii) in the English language, the name of the local authority concerned as set out in column 2 of Chapter 2 of that Part opposite the mention in column 1 of that county,

(b) in the case of a city set out in Part 2 of Schedule 5—

(i) in the Irish language, the name of the local authority concerned as set out in column 2 of Chapter 1 of that Part opposite the mention in column 1 of that city,

(ii) in the English language, the name of the local authority concerned as set out in column 2 of Chapter 2 of that Part opposite the mention in column 1 of that city,

and

(c) in the case of a city and county set out in Part 3 of Schedule 5—

(i) in the Irish language, the name of the local authority concerned as set out in column 2 of Chapter 1 of that Part opposite the mention in column 1 of that city and county,

(ii) in the English language, the name of the local authority concerned as set out in column 2 of Chapter 2 of that Part opposite the mention in column 1 of that city and county.”,

(b) by deleting subsection (4),

(c) by substituting the following for paragraph (a) of subsection (5):

“(a) In respect of a local authority to which subsection (3) relates, each member (being directly elected or co-opted in accordance with this Act) shall be known as a councillor and, without prejudice to sections 22B and 22C, collectively shall comprise the elected council of the local authority.”,

(d) by substituting the following for subsection (6):

“(6) For the purposes of functions conferred on it by or under this or any other enactment—

(a) a county council has jurisdiction throughout its administrative area,

(b) a city council has jurisdiction throughout its administrative area,

(c) a city and county council has jurisdiction throughout its administrative area.”,

(e) in subsection (7) by substituting “subsection (3) ” for “subsection (3) or (4) ”,

(f) in subsection (11) by substituting “a county council or county borough corporation in being immediately before the establishment day” for “a county council, county borough corporation, borough corporation (other than a county borough corporation), urban district council or the commissioners of a town in being immediately before the establishment day”,

(g) by inserting the following after subsection (11):

“(11A) In respect of a dissolved authority, within the meaning of the Local Government Reform Act 2014, and with effect from the commencement of the provision under that Act for such dissolution of the authority, subsection (11) ceases to have effect in respect of that authority.”,

(h) by inserting the following after subsection (16):

“(16A) Notwithstanding the dissolution of certain local authorities by Part 2 of the Local Government Reform Act 2014 with effect from the 2014 establishment day or the dissolution of town councils by Chapter 2 of Part 3 of that Act with effect from the transfer date, subsection (16)continues to apply to any city or town concerned.”,

and

(i) in subsection (17) by substituting “or Part 21” for “, Part 17 or 21”.