Local Government Act 2019
Number 1 of 2019
LOCAL GOVERNMENT ACT 2019
REVISED
Updated to 16 May 2024
This Revised Act is an administrative consolidation of the Local Government Act 2019. 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 the 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 the 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 Revised Act.
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 2019
LOCAL GOVERNMENT ACT 2001
REVISED
Updated to 16 May 2024
CONTENTS
PART 1
Preliminary and General
1. Short title, commencement and collective citation
4. Order under section 34 of Local Government Act 1991
Alteration of Cork City and Cork County Boundaries
11. Other agreements in relation to land situated in relevant area
12. Transfer of property other than land
13. Transfer of rights and liabilities, and continuation of leases, licences and permissions
14. Provisions consequent upon transfer of assets and liabilities to city council
18. Cork Boundary Alteration Implementation Oversight Committee
20. Arrangements for performance of certain functions
Financial Arrangements consequent upon Cork Boundary Alteration
22. Contribution by county council to city council in respect of 2019
23. Relevant sums for purposes of section 24
24. Annual contribution by city council to county council
25. Other financial arrangements
Other Provisions Consequent upon Cork Boundary Alteration
26. Data sharing by Cork local authorities
27. Rating area for local financial year 2019
28. Elections to Cork local authorities in 2019
29. Polling districts and polling places
30. Development plans, etc. relating to relevant area
31. Planning applications and development contribution schemes
32. Continuation of instruments applicable to relevant area
33. Saver for certain acts done before transfer day
Amendment of Enactments Consequent upon Cork Boundary Alteration
35. Amendment of Principal Act
36. Amendment of Local Government Act 1991
37. Making and review of development plans by Cork local authorities
38. Amendment of section 3 of Valuation Act 2001
Plebiscites on Direct Election of Mayors
39. Interpretation (Repealed)
40. Plebiscite (Repealed)
41. Regulations (Repealed)
42. Electoral offences (Repealed)
43. Persons entitled to vote at a plebiscite (Repealed)
44. Report to Houses of Oireachtas (Repealed)
45. Costs of holding plebiscites (Repealed)
46. Amendment of Electoral Act 1992 (Repealed)
Miscellaneous
47. Amendment of section 32 of Official Languages Act 2003
48. Amendment of Building Control Act 2007
Cork Boundary Alteration Implementation Oversight Committee
Acts Referred to
Air Pollution Act 1987 (No. 6)
Boundary Survey (Ireland) Act 1854 (6 Geo. 4, c.17)
Building Control Act 1990 (No. 3)
Building Control Act 2007 (No. 21)
Companies Act 2014 (No. 38)
Control of Dogs Act 1986 (No. 32)
Dangerous Substances Act 1972 (No. 10)
Electoral Act 1992 (No. 23)
Environment (Miscellaneous Provisions) Act 2011 (No. 20)
European Parliament Elections Act 1997 (No. 2)
Finance (Local Property Tax) Act 2012 (No. 52)
Fire Services Act 1981 (No. 30)
Housing (Miscellaneous Provisions) Act 1992 (No. 18)
Housing Acts 1966 to 2015
Litter Pollution Act 1997 (No. 12)
Local Government (Business Improvement Districts) Act 2006 (No. 42)
Local Government (Financial Provisions) (No. 2) Act 1983 (No. 21)
Local Government Act 1991 (No. 11)
Local Government Act 2001 (No. 37)
Local Government Acts 1925 to 2016
Local Government Reform Act 2014 (No. 1)
Minimum Notice and Terms of Employment Acts 1973 to 2005
Official Languages Act 2003 (No. 32)
Organisation of Working Time Act 1997 (No. 20)
Planning and Development (Amendment) Act 2018 (No. 16)
Planning and Development Act 2000 (No. 30)
Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)
Protection of Employees (Part-Time Work) Act 2001 (No. 45)
Redundancy Payments Acts 1967 to 2012
Road Traffic Act 1961 (No. 24)
Road Traffic Act 1994 (No. 7)
Unfair Dismissals Acts 1977 to 2007
Valuation (Amendment) Act 2015 (No. 10)
Valuation Act 2001 (No. 13)
Number 1 of 2019
LOCAL GOVERNMENT ACT 2001
REVISED
Updated to 16 May 2024
An Act to provide for the transfer of part of the administrative area of the council of the county of Cork to the administrative area of the council of the city of Cork; to provide for the holding of plebiscites by certain local authorities on the question as to whether or not the cathaoirligh of those local authorities should be elected to such positions by the electors of the administrative areas of those local authorities and the question as to whether or not certain functions of the chief executives of those local authorities should be transferred to those cathaoirligh; for those and other purposes to amend the Local Government Act 1991, the Local Government Act 2001, the Valuation Act 2001, the Official Languages Act 2003 and certain other enactments; and to provide for matters connected therewith.
[25th January, 2019]
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
|
Number and Year (1) |
Short Title (2) |
Provision (3) |
|
... |
... |
... |
|
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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