LOCAL GOVERNMENT ACT, 1994 (1994_act_8) | IE

ISB Act 1994-04-29

Schedule 1 LOCAL GOVERNMENT ACT, 1994 Open official source

FIRST SCHEDULE Enactments Repealed and Order and Regulations Revoked

Enactments Repealed and Order and Regulations Revoked

Section 4 (1).

Part I Enactments Repealed

Part I

Enactments Repealed

Session and Chapter or Number and Year

Short Title

Extent of Repeal

(1)

(2)

(3)

3 & 4 Vict. c. 108

Municipal Corporations (Ireland) Act, 1840

Sections 5, 14, 28, 29, 30, 52, 58, 83, 92, 125, 126 and 127.

7 & 8 Vict. c. 106

County Dublin Grand Jury Act, 1844

Sections 5 and 43.

10 & 11 Vict. c. 16

Commissioners Clauses Act, 1847

Sections 37, 38, 40, 41, 42, 43, 44, 45, 47, 48, 51, 52, 53, 54 and 55.

10 & 11 Vict. c. 34

Towns Improvement Clauses Act, 1847

Sections 132, 133, 135, 142, 143, 200, 201, 202, 203, 204, 205, 206, 207 and 208.

15 & 16 Vict. c. 63

Valuation (Ireland) Act, 1852

Sections 27 and 32.

17 & 18 Vict. c. 103

Towns Improvement (Ireland) Act, 1854

Sections 4, 5, 6, 7, 8, 9, 10, 13, 14, 15, 21, 27, 50, 57, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87 and 88.

In section 28, the words “meetings and other”.

In section 55, the words “as relates to things to be done by the commissioners by special order only, and so much thereof as relates to clocks, and so much thereof”.

18 & 19 Vict. c. 40

Public Libraries (Ireland) Act, 1855

The Whole Act.

32 & 33 Vict. c. 28

Public Parks (Ireland) Act, 1869

The Whole Act.

35 & 36 Vict. c. 6

Public Parks (Ireland) Act, 1869, Amendment Act, 1872

The Whole Act.

35 & 36 Vict. c. 69

Local Government Board (Ireland) Act, 1872

Sections 7 and 10.

40 & 41 Vict. c. 15

Public Libraries (Ireland) Amendment Act, 1877

The Whole Act.

40 & 41 Vict. c. 54

Public Libraries Amendment Act, 1877

The Whole Act.

41 & 42 Vict. c. 52

Public Health (Ireland) Act, 1878

Sections 11, 39, 40, 41, 42, 46, 49, 56, 63, 87, 88, 89, 90, 91, 93, 94, 95, 96, 97, 98, 99, 102, 103, 128, 129, 219, 221, 222, 223, 224 and 225.

In section 174, all the words after “was within such limits;”.

The proviso to section 185.

In section 195, the words “,with the sanction of the Local Government Board and subject to regulations approved of by the said board,”.

47 & 48 Vict. c. 37

Public Libraries Act, 1884

The Whole Act.

51 & 52 Vict. c. 53

Borough Funds (Ireland) Act, 1888

The Whole Act.

53 & 54 Vict. c. 59

Public Health Acts Amendment Act, 1890

Sections 13, 14, 15, 23, 24, 25, 33, 39, 40, 42, 43, 44, 45 and 46.

54 & 55 Vict. c. 22

Museums and Gymnasiums Act, 1891

The Whole Act.

57 & 58 Vict. c. 38

Public Libraries (Ireland) Act, 1894

The Whole Act.

59 & 60 Vict. c. 54

Public Health (Ireland) Act, 1896

Sections 4, 7, 21, 22, 23, 26, 28 and 29.

61 & 62 Vict. c. 37

Local Government (Ireland) Act, 1898

Sections 3, 15, 16, 17, 20, 23, 36, 42, 66, 77, 94 and 97.

61 & 62 Vict. c. 53

Libraries Offences Act, 1898

The Whole Act.

63 & 64 Vict. c. 63

Local Government (Ireland) Act, 1900

Section 1.

1 Edw. 7., c. 19

Public Libraries Act, 1901

The Whole Act.

2 Edw. 7., c. 20

Public Libraries (Ireland) Act, 1902

The Whole Act.

2 Edw. 7., c. 38

Local Government (Ireland) Act, 1902

Sections 2, 3, 5, 10, 11, 12, 14 and 15.

6 Edw. 7., c. 25

Open Spaces Act, 1906

In section 9 the words “open space or” where they appear in subsections (a), (b) and (c).

In section 10 the words “open space or” where they first appear in subsections (a) and (b).

In section 12 the words “open spaces and”.

In section 13 the words “open space or”.

In section 15 the words “open space or” where they appear in subsection 1.

7 Edw. 7., c. 53

Public Health Acts Amendment Act, 1907

Sections 15, 16, 17, 18, 22, 24, 25, 26 and 47; Parts V and VI; and sections 82, 84, 86 and 94.

8 Edw. 7., c. 48

Post Office Act, 1908

Section 49.

1 & 2 Geo. 5., c. 9

Public Libraries (Art Galleries in County Boroughs) (Ireland) Act, 1911

The Whole Act.

9 & 10 Geo. 5., c. 75

Ferries (Acquisition by Local Authorities) Act, 1919

The Whole Act.

No. 5 of 1925

Local Government Act, 1925

Sections 59, 60, 62, 64, 65, 66, 78, 79, 80 and 82.

No. 15 of 1926

Street Trading Act, 1926

Section 6.

No. 8 of 1926

Acquisition of Land (Allotments) Act, 1926

The Whole Act.

No. 39 of 1926

Local Authorities (Officers and Employees) Act, 1926

Section 12 (2), (3) and (4).

No. 3 of 1927

Local Government Act, 1927

Sections 8, 9, 10, 13, 14 and 15.

No. 1 of 1929

Cork City Management Act, 1929

Sections 6, 7 and 10 (1).

No. 27 of 1930

Local Government (Dublin) Act, 1930

Sections 31, 32, 37, 38 and 76.

No. 15 of 1931

Tourist Traffic (Development) Act, 1931

The Whole Act.

No. 5 of 1933

Local Government Act, 1933

The Whole Act.

No. 7 of 1934

Acquisition of Land (Allotments) (Amendment) Act, 1934

The Whole Act.

No. 35 of 1934

Limerick City Management Act, 1934

Sections 5 (3), 7 (4) to (7), 9 and 10.

No. 17 of 1935

Pounds (Provision and Maintenance) Act, 1935

In section 3 (2), the words “with the sanction of the Minister for Local Government” and the words “and shall apply the proceeds (if any) of any such sale, surrender or disposition in such manner as the said Minister shall direct”.

No. 46 of 1936

Local Government Act, 1936

The Whole Act.

No. 54 of 1936

Liffey Reservoir Act, 1936

Section 26.

No. 14 of 1937

Local Elections Act, 1937

The Whole Act.

No. 14 of 1939

Local Authorities (Combined Purchasing) Act, 1939

The Whole Act.

No. 25 of 1939

Waterford City Management Act, 1939

Sections 4 (3), 5 (1), 5 (4) to (7) and 9.

No. 15 of 1940

Local Authorities (Officers and Employees) (Amendment) Act, 1940

Section 6.

No. 5 of 1941

Cork City Management (Amendment) Act, 1941

Sections 2, 3 and 5.

No. 23 of 1941

Local Government Act, 1941

Sections 6, 33,(1) (2), (4), (5) and (7), 34 (3), 35, 43, 57, 73 and 88.

No. 8 of 1945

Local Government (Dublin) Act, 1945

Section 4.

No. 9 of 1946

Harbours Act, 1946

In section 38 (6), all the words after the word “proper”.

No. 24 of 1946

Local Government Act, 1946

Sections 30, 62, 63, 66, 75 and 99.

No. 40 of 1947

Public Libraries Act, 1947

The Whole Act.

No. 3 of 1948

Local Government (Sanitary Services) Act, 1948

Sections 5, 30 (3), 35 to 40, 41 (2) 42 (1), 42 (3) and (4), 43 and 48.

In section 44 (2) (b), the word “his”.

No. 9 of 1955

Local Government Act, 1955

Sections 39, 52, 53 (4), 55, 56, 57, 61 (1) (a) and (3), 62, 68 and 69.

No. 12 of 1955

City and County Management (Amendment) Act, 1955

In section 17 (2) (c), the word “approved”. Sections 17 (10), 18 and 22.

In section 17 (2) (c), the word “approved”.

Sections 17 (10), 18 and 22.

No. 23 of 1960

Local Government Act, 1960

The Whole Act.

No. 40 of 1960

Local Government (No. 2) Act, 1960

Section 14.

No. 12 of 1963

Coast Protection Act, 1963

In section 2 (3) (c), the words “with the consent of the Minister for Local Government and” and the words “as that, Minister has approved of”.

In section 10 (5), the words “the Minister for Local Government”.

In section 17 (1) (a) and (b) the words “with the consent of the Minister for Local Government,”.

No. 19 of 1963

Electoral Act, 1963

Part VI.

No. 28 of 1963

Local Government (Planning and Development) Act, 1963

Section 50.

No. 19 of 1965

Local Elections Act, 1965

Sections 2 (1), 3, 4 and 6.

No. 28 of 1966

Local Elections Act, 1966

The Whole Act.

No. 12 of 1972

Local Elections Act, 1972

The Whole Act.

No. 3 of 1973

Electoral (Amendment) Act, 1973

Sections 1 (3) and 4.

No. 7 of 1973

Local Elections Act, 1973

The Whole Act.

No. 8 of 1974

Local Elections (Petitions and Disqualifications) Act, 1974

Section 24.

No. 1 of 1980

Fisheries Act, 1980

Section 27 (6).

No. 11 of 1982

Litter Act, 1982

Section 4 (7) and (8).

No. 17 of 1985

Farm Tax Act, 1985

The Whole Act.

No. 11 of 1986

National Archives Act, 1986

Section 13 (2).

No. 32 of 1986

Control of Dogs Act, 1986

Section 17 (3), (4) and (5).

No. 11 of 1991

Local Government Act, 1991

Sections 12, 13, 14, 15, 16 and 35.

In section 33 (1), the words “or (2)”.

No. 18 of 1992

Housing (Miscellaneous Provisions) Act, 1992

Section 20 (3).

Part II Order and Regulations Revoked

Part II

Order and Regulations Revoked

Number and Year

Short Title

Extent of Revocation

(1)

(2)

(3)

The Local Government (Application of Enactments) Order, 1898

Articles 11, 12, 35, 36, 37 and 38 of the Schedule to the Order.

S.I. No. 128 of 1965

Local Elections Regulations, 1965

In full

S.I. No. 117 of 1974

Local Elections (Amendment) Regulations, 1974

In full.

ISB Act 1994-04-29

Schedule 2 LOCAL GOVERNMENT ACT, 1994 Open official source

SECOND SCHEDULE Amendment of Enactments

Amendment of Enactments

Section 4 (2).

Session and Chapter or Number and Year

Short Title

Nature of Amendment

(1)

(2)

(3)

34 & 35 Vict. c. 109

Local Government (Ireland) Act, 1871

In section 12, substitute the words “shall, having regard to the principles and practice of local government audit, examine such accounts as are necessary for the purpose of discharging the duties and functions of the auditor under this Act” for the words “shall examine into the matter of every account which is to be audited by him”.

No. 35 of 1934

Limerick City Management Act, 1934

After section 25 (3), the insertion of the following subsection

“(3A) for the purposes of the application by subsection (3) of this section of the law relating to the collection and recovery of rates, a reference in section 152 of the Grand Jury (Ireland) Act, 1836, as incorporated by section 73 of the Poor Relief (Ireland) Act, 1838, to a notice subscribed with the name and abode of the collector shall mean and be deemed always to have meant the name and office or place of residence (including the dwelling house) of the collector; and reference to the money demanded being paid to the collector at his house or office shall be satisfied if the said money be paid at such place as is specified in the notice in that behalf.”.

No. 25 of 1939

Waterford City Management Act, 1939

After section 24 (3), the insertion of the following subsection

“(3A) for the purposes of the application by subsection (3) of this section of the law relating to the collection and recovery of rates, a reference in section 152 of the Grand Jury (Ireland) Act, 1836, as incorporated by section 73 of the Poor Relief (Ireland) Act, 1838, to a notice subscribed with the name and abode of the collector shall mean and be deemed always to have meant the name and office or place of residence (including the dwelling house) of the collector; and reference to the money demanded being paid to the collector at his house or office shall be satisfied if the said money be paid at such place as is specified in the notice in that behalf.”.

No. 5 of 1941

Cork City Management (Amendment) Act, 1941

After section 16 (3), the insertion of the following subsection

“(3A) For the purposes of the application by subsection (3) of this section of the law relating to the collection and recovery of rates, a reference in section 152 of the Grand Jury (Ireland) Act, 1836, as incorporated by section 73 of the Poor Relief (Ireland) Act, 1838, to a notice subscribed with the name and abode of the collector shall mean and be deemed always to have meant the name and office or place of residence (including the dwelling house) of the collector; and reference to the money demanded being paid to the collector at his house or office shall be satisfied if the said money be paid at such place as is specified in the notice in that behalf.”.

No. 23 of 1941

Local Government Act, 1941

In subsections (1) (a), (1) (b) and (2) of section 68 substitute the words “the Minister or by an officer to whom a delegation has been made under section 61 of the Local Government Act, 1994” for the words “the Minister”.

No. 24 of 1946

Local Government Act, 1946

After section 12 (2), the insertion of the following subsection

“(2A) For the purposes of the application by subsection (2) of this section of the law relating to the collection and recovery of rates, a reference in section 152 of the Grand Jury (Ireland) Act, 1836, as incorporated by section 73 of the Poor Relief (Ireland) Act, 1838, to a notice subscribed with the name and abode of the collector shall mean and be deemed always to have meant the name and office or place of residence (including the dwelling house) of the collector; and reference to the money demanded being paid to the collector at his house or office shall be satisfied if the said money be paid at such place as is specified in the notice in that behalf.”.

After section 18 (2), the insertion of the following subsection

“(2A) For the purposes of the application by subsection (2) of this section of the law relating to the collection and recovery of rates, a reference in section 152 of the Grand Jury (Ireland) Act, 1836, as incorporated by section 73 of the Poor Relief (Ireland) Act, 1838, to a notice subscribed with the name and abode of the collector shall mean and be deemed always to have meant the name and office or place of residence (including the dwelling house) of the collector; and reference to the money demanded being paid to the collector at his or her house or office shall be satisfied if the said money be paid at such place as is specified in the notice in that behalf.”.

No. 3 of 1948

Local Government (Sanitary Services) Act, 1948

In section 44 (1), substitute the words “a burial board under the Acts other than a joint burial board”, for the words “the Minister,”.

In section 44 (2) (b), the addition to that paragraph after the word “ground”, of the words “prior to the commencement of subsection (2A)”.

After section 44 (2) (c), the insertion of the following subsection

“(2A) A place as respects which a permission has been granted for a burial ground under the Local Government (Planning and Development) Acts, 1963 to 1993 or a burial ground provided by a local authority shall be a burial ground for the purposes of subsection (2) of this section.”.

In sections 46 (1) and (2) substitute the words “A burial board other than a joint burial board” for the words “The Minister”.

In section 46 (2) substitute the word “it” for the word “he”.

No. 12 of 1955

City and County Management (Amendment) Act, 1955

In section 10 (3), substitute the words “a charge not exceeding the reasonable cost of making the copy” for the words “the price of one shilling per copy”.

No. 12 of 1963

Coast Protection Act, 1963

In sections 17 (e) and 26 (6) and (7), substitute “Minister for the Marine” for “Minister for Local Government”.

In section 26 (8), substitute “Minister for the Marine” for “Minister for Local Government after consultation with the Minister for Transport and Power”.

No. 11 of 1991

Local Government Act, 1991

In section 32, substitute the following for subsection (2)

“(2) Before deciding whether to make an order under section 24 of the Local Government Act, 1994 in relation to a local electoral boundary the Minister shall request a boundary committee to prepare a report. The committee shall if so requested prepare and furnish to the Minister a report in writing which shall include its recommendations and the Minister shall publish the report and shall have regard to it in deciding whether to make the order and the provisions of sections 33 (2) to (6) shall apply for the purposes of such request and report.”.

No. 18 of 1992

Housing (Miscellaneous Provisions) Act, 1992

After section 20 insert the following section

“20A. The Minister may make regulations requiring the landlord of a house, let for rent or other valuable consideration to pay to the housing authority such annual or other fee as may be prescribed in relation to the functions of the authority under section 17, 18 or 20.”.

ISB Act 1994-04-29

Schedule 3 LOCAL GOVERNMENT ACT, 1994 Open official source

THIRD SCHEDULE Alteration of Certain Town Boundaries

Alteration of Certain Town Boundaries

Section 17.

Athlone

Cootehill

Monaghan

Balbriggan

Drogheda

Mountmellick

Ballina

Dundalk

Mullingar

Ballinasloe

Edenderry

Navan

Ballybay

Enniscorthy

Nenagh

Ballyshannon

Fermoy

New Ross

Bandon

Gorey

Passage West

Boyle

Greystones

Portlaoise

Bray

Kells

Sligo

Buncrana

Kilkenny

Templemore

Carlow

Killarney

Thurles

Carrickmacross

Kinsale

Tipperary

Cashel

Letterkenny

Tralee

Castlebar

Lismore

Trim

Castleblaney

Listowel

Tuam

Cavan

Longford

Tullamore

Clonakilty

Mallow

Wexford

Clones

Midleton

Wicklow

Cobh

Youghal

ISB Act 1994-04-29

Schedule 4 LOCAL GOVERNMENT ACT, 1994 Open official source

FOURTH SCHEDULE Amenities, Facilities and Services

Amenities, Facilities and Services

Section 31 (2).

Artistic and cultural activities

The provision of art galleries, arts centres, concert halls, museums, theatres, opera houses and the holding of artistic and cultural performances, exhibitions and events.

Sports, games and related activities

The provision (both indoor and outdoor) of playing fields, athletic tracks, swimming pools and other bathing places, sports centres, gymnasia and other facilities and the holding of sporting events.

General recreational and leisure activities

The provision of parks, gardens, open spaces, playgrounds, animals, picnic sites, viewing points, footpaths, walks, boats, piers, other landing places and marinas.

Civic improvements

The provision of street furniture, paving, clocks, statues, monuments and other features, illumination and decoration and other measures designed to upgrade the urban environment.

General environmental and heritage protection and improvement

Landscaping, the planting of trees and other flora, measures for the conservation, preservation and protection of landscapes and habitats, of buildings and other features of artistic, amenity, architectural, historic, heritage or natural interest.

The public use of amenities (both natural and man made)

The provision of access, signs, vehicle parks, safety equipment, information and refreshment facilities, sanitary accommodation, utilities, seating, shelter and any other apparatus, equipment or anything else necessary to facilitate such use.

ISB Act 1994-04-29

Schedule 5 LOCAL GOVERNMENT ACT, 1994 Open official source

FIFTH SCHEDULE Local Government Reorganisation Commission

Local Government Reorganisation Commission

Section 53.

1. The chairperson or any other member of the Commission may at any time resign from office by letter addressed to the Minister and the resignation shall take effect from the date of receipt of the letter by the Minister.

2. Where a casual vacancy occurs among the members of the Commission, the Minister shall appoint a person pursuant to this article to fill such vacancy who shall hold office for the remainder of the term of office of the replaced member.

3. The Minister may remove from office any member (including the chairperson) of the Commission if, in the opinion of the Minister, that person has become incapable through ill-health of effectively performing the duties of the office or has committed stated misbehaviour or that person's removal appears to the Minister to be necessary or desirable for the effective performance by the Commission of its functions.

4. (a) The chairperson and any other member of the Commission may be paid out of moneys at the disposal of the Minister, such remuneration (if any) and allowances for expenses incurred by that person as the Minister, with the consent of the Minister for Finance, may determine.

(b) Subject to the provisions of this Schedule the chairperson and other members of the Commission shall hold office on such terms and conditions as the Minister may determine.

5. The Commission shall hold such and so many meetings as may be necessary for the performance of its functions.

6. The quorum for a meeting of the Commission shall be three.

7. At a meeting of the Commission—

(a) the chairperson shall, if present, be the chairperson of the meeting, and

(b) if and so long as the chairperson is not present or if the office of chairperson is vacant, the members of the Commission who are present shall choose one of their number to be chairperson of the meeting.

8. Each member of the Commission present at a meeting thereof shall have a vote.

9. Every question at a meeting of the Commission shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

10. Subject to article 6 the Commission may act notwithstanding one or more vacancies in its membership.

11. Subject to the provisions of this Act, the Commission shall regulate, by standing orders or otherwise, the procedure and business of the Commission.

LOCAL GOVERNMENT ACT, 1994

Statutory Text (5 Articles)

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