Local Government Rates and Other Matters Act 2019

10

Database of Relevant Properties

10. (1) Each local authority shall, as soon as may be after the commencement of this section, cause to be established and maintained a database of information F4[(which may consist of more than one database)] to be known as the Database of Relevant Properties (in this Act referred to as “the database”).

(2) The database shall include the following information in respect of each relevant property:

(a) the name of the occupier of the relevant property;

F4[(aa) if the relevant property is unoccupied, if known, the name of the person who is for the time being entitled to occupy the relevant property;]

(b) the address of the relevant property;

(c) any unique reference number assigned in respect of the relevant property;

(d) F4[to the extent known,] the nature of the business undertaken at the relevant property;

(e) any other information in relation to the property that is considered appropriate by a local authority for the purposes of the performance of its functions under this Act.

F4[(2A) (a) A liable person in respect of a relevant property shall, upon becoming aware that any particular entered in the database in respect of him or her or the relevant property is incorrect or has ceased to be correct, not later than 10 working days after becoming so aware, give notice in writing of that incorrection or cessation of correction, as the case may be, to the local authority together with such other (as is reasonable in all the circumstances of the case) information in respect thereof as will enable the local authority to perform its function under subsection (3) in respect of that particular.

(b) A liable person who, without reasonable excuse, contravenes paragraph (a) shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine.]

(3) A local authority shall, upon becoming aware that any particular entered in the database maintained by it under this section is incorrect or has ceased to be correct, make such alterations in the database as it considers necessary.

(4) A local authority may delegate its functions under this section to the Local Government Management Agency established by the Local Government Management Agency (Establishment) Order 2012 (S.I. No. 290 of 2012) (in this section referred to as “the board”).

(5) Where a delegation is made by a local authority to the board under subsection (4)

(a) the board shall perform the functions concerned in accordance with any limitations specified in the delegation as to the area in which, period in which, or extent to which it is to perform those functions,

(b) a provision of or under this Act or any other enactment (whether passed or made before or after the passing of this Act) that vests functions in the local authority or regulates the manner in which any function is to be performed shall, if and in so far as it is applicable to the delegated function, have effect for the purposes of the performance of that function by the board, with the substitution of the board for the local authority, and accordingly references in any such provision to a local authority shall for the purposes of the performance of the delegated function by the board be construed as references to the board.

(6) A local authority shall pay such fees and expenses (if any) to the board in respect of the performance by it of functions delegated under this section as may be prescribed.

(7) A delegation under this section may be revoked in whole or in part.

(8) A function of a local authority delegated under this section shall, notwithstanding the delegation, continue to be vested in the local authority but shall be so vested concurrently with the board so as to be capable of being performed by either the local authority or the board.

Annotations

Amendments:

F4

Inserted (1.01.2024) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 266(a)-(c), S.I. No. 537 of 2023. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.