LOCAL GOVERNMENT ACT, 2001
Table of Provisions (15)
Statutory Text (15 Articles)
SCHEDULE 1
Section 1(2).
Acts included in collective citation — Local Government Acts, 1925 to 2001
Number and Year
Number and Year
Short Title
Short Title
No. 5 of 1925
No. 5 of 1925
Local Government Act, 1925
Local Government Act, 1925
No. 3 of 1927
No. 3 of 1927
Local Government Act, 1927
Local Government Act, 1927
No. 23 of 1941
No. 23 of 1941
Local Government Act, 1941
Local Government Act, 1941
No. 24 of 1946
No. 24 of 1946
Local Government Act, 1946
Local Government Act, 1946
No. 9 of 1955
No. 9 of 1955
Local Government Act, 1955
Local Government Act, 1955
No. 40 of 1960
No. 40 of 1960
Local Government (No. 2) Act, 1960
Local Government (No. 2) Act, 1960
No. 2 of 1968
No. 2 of 1968
Local Government (Buncrana) Act, 1968
Local Government (Buncrana) Act, 1968
No. 15 of 1971
No. 15 of 1971
Local Government (Rateability of Rents) (Abolition) Act, 1971
Local Government (Rateability of Rents) (Abolition) Act, 1971
No. 35 of 1978
No. 35 of 1978
Local Government (Financial Provisions) Act, 1978
Local Government (Financial Provisions) Act, 1978
No. 10 of 1983
No. 10 of 1983
Local Government (Financial Provisions) Act, 1983
Local Government (Financial Provisions) Act, 1983
No. 21 of 1983
No. 21 of 1983
Local Government (Financial Provisions) (No. 2) Act, 1983
Local Government (Financial Provisions) (No. 2) Act, 1983
No. 7 of 1985
No. 7 of 1985
Local Government (Reorganisation) Act, 1985
Local Government (Reorganisation) Act, 1985
No. 11 of 1991
No. 11 of 1991
Local Government Act, 1991
Local Government Act, 1991
No. 8 of 1994
No. 8 of 1994
Local Government Act, 1994
Local Government Act, 1994
No. 29 of 1997
No. 29 of 1997
Local Government (Financial Provisions) Act, 1997
Local Government (Financial Provisions) Act, 1997
No. 16 of 1998
No. 16 of 1998
Local Government Act, 1998
Local Government Act, 1998
No. 6 of 2000
No. 6 of 2000
Local Government (Financial Provisions) Act, 2000
Local Government (Financial Provisions) Act, 2000
SCHEDULE 2
Section 3(2).
Construction of Certain Terms in Other Enactments
Expression used in other enactment
Expression used in other enactment
Construction by reference to Local Government Act, 2001
Construction by reference to Local Government Act, 2001
1
1
2
2
“county borough”
“county borough”
City.
City.
“administrative county”
“administrative county”
County and where the other enactment concerned so requires, also includes a reference to a city.
County and where the other enactment concerned so requires, also includes a reference to a city.
“borough” (not being a county borough)
“borough” (not being a county borough)
Borough mentioned in Chapter 1 of Part 1 of Schedule 6.
Borough mentioned in Chapter 1 of Part 1 of Schedule 6.
“urban district”
“urban district”
Town mentioned in Chapter 2 of Part 1 of Schedule 6.
Town mentioned in Chapter 2 of Part 1 of Schedule 6.
“town having town commissioners”
“town having town commissioners”
Town mentioned in Part 2 of Schedule 6.
Town mentioned in Part 2 of Schedule 6.
“county health district”
“county health district”
County exclusive of any towns mentioned in Part 1 of Schedule 6; but subject to section 83.
County exclusive of any towns mentioned in Part 1 of Schedule 6; but subject to section 83.
“local authority for the purposes of the Local Government Act, 1941”
“local authority for the purposes of the Local Government Act, 1941”
A county council, city council, town council, and where the context so requires includes a joint body.
A county council, city council, town council, and where the context so requires includes a joint body.
“county council” or “council of a county”
“county council” or “council of a county”
County council.
County council.
“county borough corporation”
“county borough corporation”
City council.
City council.
“borough corporation” (not being a county borough corporation)
“borough corporation” (not being a county borough corporation)
Borough council of a borough mentioned in Chapter 1 of Part 1 of Schedule 6.
Borough council of a borough mentioned in Chapter 1 of Part 1 of Schedule 6.
“urban district council” or “council of an urban district”
“urban district council” or “council of an urban district”
Town council of a town mentioned in Chapter 2 of Part 1 of Schedule 6.
Town council of a town mentioned in Chapter 2 of Part 1 of Schedule 6.
“town commissioners” or “commissioners of a town”
“town commissioners” or “commissioners of a town”
Town council of a town mentioned in Part 2 of Schedule 6.
Town council of a town mentioned in Part 2 of Schedule 6.
SCHEDULE 3
Section 5(1).
Enactments Repealed and Revoked
PART 1 Acts Repealed
PART 1
Acts Repealed
Session and Chapter or Number and Year
Session and Chapter or Number and Year
Short Title
Short Title
Extent of Repeal
Extent of Repeal
1
1
2
2
3
3
6 & 7 Will. 4 c. 116
6 & 7 Will. 4 c. 116
Grand Jury (Ireland) Act, 1836
Grand Jury (Ireland) Act, 1836
Sections 35, 43, 44, 46, 54, 58, 66 to 68, 78, 82, 86, 108, 126 and 178 to 180 and Schedule (R).
Sections 35, 43, 44, 46, 54, 58, 66 to 68, 78, 82, 86, 108, 126 and 178 to 180 and Schedule (R).
3 & 4 Vict. c. 108
3 & 4 Vict. c. 108
Municipal Corporations (Ireland) Act, 1840
Municipal Corporations (Ireland) Act, 1840
The whole Act.
The whole Act.
3 & 4 Vict. c. 109
3 & 4 Vict. c. 109
Counties and Boroughs (Ireland) Act, 1840
Counties and Boroughs (Ireland) Act, 1840
The whole Act.
The whole Act.
6 & 7 Vict. c. 93
6 & 7 Vict. c. 93
Municipal Corporations (Ireland) Act, 1843
Municipal Corporations (Ireland) Act, 1843
The whole Act.
The whole Act.
7 & 8 Vict. c. 106
7 & 8 Vict. c. 106
County Dublin Grand Jury Act, 1844
County Dublin Grand Jury Act, 1844
Sections 40 and 110.
Sections 40 and 110.
10 & 11 Vict. c. 16
10 & 11 Vict. c. 16
Commissioners Clauses Act, 1847
Commissioners Clauses Act, 1847
The whole Act.
The whole Act.
10 & 11 Vict. c. 34
10 & 11 Vict. c. 34
Towns Improvement Clauses Act, 1847
Towns Improvement Clauses Act, 1847
The whole Act.
The whole Act.
16 & 17 Vict. c. 136
16 & 17 Vict. c. 136
Grand Jury (Ireland) Act, 1853
Grand Jury (Ireland) Act, 1853
Section 9.
Section 9.
17 & 18 Vict. c. 103
17 & 18 Vict. c. 103
Towns Improvement (Ireland) Act, 1854
Towns Improvement (Ireland) Act, 1854
The whole Act.
The whole Act.
23 & 24 Vict. c. 16
23 & 24 Vict. c. 16
Municipal Corporations Mortgages etc. Act, 1860
Municipal Corporations Mortgages etc. Act, 1860
The whole Act.
The whole Act.
30 & 31 Vict. c. 46
30 & 31 Vict. c. 46
County Treasurers (Ireland) Act, 1867
County Treasurers (Ireland) Act, 1867
The whole Act.
The whole Act.
34 & 35 Vict. c. 109
34 & 35 Vict. c. 109
Local Government (Ireland) Act, 1871
Local Government (Ireland) Act, 1871
Sections 18, 24, 25 and 30.
Sections 18, 24, 25 and 30.
35 & 36 Vict. c. 69
35 & 36 Vict. c. 69
Local Government Board (Ireland) Act, 1872
Local Government Board (Ireland) Act, 1872
Section 12.
Section 12.
41 & 42 Vict. c. 52
41 & 42 Vict. c. 52
Public Health (Ireland) Act, 1878
Public Health (Ireland) Act, 1878
Sections 7, 200, 201 and 277.
Sections 7, 200, 201 and 277.
45 & 46 Vict. c. 50
45 & 46 Vict. c. 50
Municipal Corporations Act, 1882
Municipal Corporations Act, 1882
The whole Act.
The whole Act.
47 & 48 Vict. c. 70
47 & 48 Vict. c. 70
Municipal Elections (Corrupt and Illegal Practices) Act, 1884
Municipal Elections (Corrupt and Illegal Practices) Act, 1884
The whole Act.
The whole Act.
53 & 54 Vict. c. 59
53 & 54 Vict. c. 59
Public Health Acts Amendment Act, 1890
Public Health Acts Amendment Act, 1890
Section 38.
Section 38.
61 & 62 Vict. c. 37
61 & 62 Vict. c. 37
Local Government (Ireland) Act, 1898
Local Government (Ireland) Act, 1898
Sections 1, 4, 6(b), 10, 11, 12, 14, 18, 21 to 23, 27, 31, 33, 35, 40, 41, 48 to 50, 58, 59, 68, 72, 77, 78, 81 to 84, 86, 100 and 108 and the Second and Third Schedules.
Sections 1, 4, 6(b), 10, 11, 12, 14, 18, 21 to 23, 27, 31, 33, 35, 40, 41, 48 to 50, 58, 59, 68, 72, 77, 78, 81 to 84, 86, 100 and 108 and the Second and Third Schedules.
63 & 64 Vict. c. 63
63 & 64 Vict. c. 63
Local Government (Ireland) Act, 1900
Local Government (Ireland) Act, 1900
Section 9.
Section 9.
2 Edw. 7. c. 38
2 Edw. 7. c. 38
Local Government (Ireland) Act, 1902
Local Government (Ireland) Act, 1902
Sections 6, 8, 14, 15, 21 and 22.
Sections 6, 8, 14, 15, 21 and 22.
9 Edw. 7. c. 47
9 Edw. 7. c. 47
Development and Road Improvement Funds Act, 1909
Development and Road Improvement Funds Act, 1909
The whole Act.
The whole Act.
No. 13 of 1924
No. 13 of 1924
Local Government (Temporary Provisions) (Amendment) Act, 1924
Local Government (Temporary Provisions) (Amendment) Act, 1924
The whole Act.
The whole Act.
No. 5 of 1925
No. 5 of 1925
Local Government Act, 1925
Local Government Act, 1925
Sections 2, 3, 5, 6, 9, 16, 58, 64, 70, 73, 74, 81, 86 and 87 and the First Schedule.
Sections 2, 3, 5, 6, 9, 16, 58, 64, 70, 73, 74, 81, 86 and 87 and the First Schedule.
No. 1 of 1929
No. 1 of 1929
Cork City Management Act, 1929
Cork City Management Act, 1929
The whole Act.
The whole Act.
No. 27 of 1930
No. 27 of 1930
Local Government (Dublin) Act, 1930
Local Government (Dublin) Act, 1930
Sections 7, 17 to 19, 30, 31, 37 to 41, 45, 51, 53 to 57, 59 to 62, 67, 80, 95 and 103 and the First Schedule.
Sections 7, 17 to 19, 30, 31, 37 to 41, 45, 51, 53 to 57, 59 to 62, 67, 80, 95 and 103 and the First Schedule.
No. 35 of 1934
No. 35 of 1934
Limerick City Management Act, 1934
Limerick City Management Act, 1934
Sections 2 to 5, 9, 11 to 14, 16 to 19, 21 to 24, 31 to 34, 39, 40 and the First Schedule.
Sections 2 to 5, 9, 11 to 14, 16 to 19, 21 to 24, 31 to 34, 39, 40 and the First Schedule.
No. 44 of 1934
No. 44 of 1934
Local Government (Amendment) (No. 2) Act, 1934
Local Government (Amendment) (No. 2) Act, 1934
The whole Act.
The whole Act.
No. 55 of 1936
No. 55 of 1936
Local Authorities (Miscellaneous Provisions) Act, 1936
Local Authorities (Miscellaneous Provisions) Act, 1936
Sections 2, 3 and 6.
Sections 2, 3 and 6.
No. 3 (Private) 1937
No. 3 (Private) 1937
Local Government (Galway) Act, 1937
Local Government (Galway) Act, 1937
The whole Act.
The whole Act.
No. 13 of 1937
No. 13 of 1937
Local Authorities (Electrical Employees) Act, 1937
Local Authorities (Electrical Employees) Act, 1937
The whole Act.
The whole Act.
No. 36 of 1937
No. 36 of 1937
Local Government (Nomination of Presidential Candidates) Act, 1937
Local Government (Nomination of Presidential Candidates) Act, 1937
The whole Act.
The whole Act.
No. 25 of 1939
No. 25 of 1939
Waterford City Management Act, 1939
Waterford City Management Act, 1939
Sections 2 to 4, 8, 10 to 13, 15 to 18, 20 to 23, 30 to 32 and 37 to 39.
Sections 2 to 4, 8, 10 to 13, 15 to 18, 20 to 23, 30 to 32 and 37 to 39.
No. 12 of 1940
No. 12 of 1940
County Management Act, 1940
County Management Act, 1940
The whole Act.
The whole Act.
No. 22 of 1940
No. 22 of 1940
Local Authorities (Cost of Living) Act, 1940
Local Authorities (Cost of Living) Act, 1940
The whole Act.
The whole Act.
No. 34 of 1940
No. 34 of 1940
Unemployment (Relief Works) Act, 1940
Unemployment (Relief Works) Act, 1940
The whole Act.
The whole Act.
No. 5 of 1941
No. 5 of 1941
Cork City Management (Amendment) Act, 1941
Cork City Management (Amendment) Act, 1941
Sections 7, 8, 10 to 12, 14, 15, 22, 23 and 26.
Sections 7, 8, 10 to 12, 14, 15, 22, 23 and 26.
No. 15 of 1941
No. 15 of 1941
Local Officers and Servants (Dublin) Act, 1941
Local Officers and Servants (Dublin) Act, 1941
The whole Act.
The whole Act.
No. 23 of 1941
No. 23 of 1941
Local Government Act, 1941
Local Government Act, 1941
Parts II, III and IV (in so far as they are not already repealed), sections 67 to 69, Part VIII (in so far as it is not already repealed) and sections 76 to 78, 83 to 86 and 90.
Parts II, III and IV (in so far as they are not already repealed), sections 67 to 69, Part VIII (in so far as it is not already repealed) and sections 76 to 78, 83 to 86 and 90.
No. 13 of 1942
No. 13 of 1942
County Management (Amendment) Act, 1942
County Management (Amendment) Act, 1942
The whole Act.
The whole Act.
No. 8 of 1945
No. 8 of 1945
Local Government (Dublin) Act, 1945
Local Government (Dublin) Act, 1945
The whole Act.
The whole Act.
No. 13 of 1945
No. 13 of 1945
Local Authorities (Cost of Living) (Amendment) Act, 1945
Local Authorities (Cost of Living) (Amendment) Act, 1945
The whole Act.
The whole Act.
No. 13 of 1945
No. 13 of 1945
Local Authorities (Acceptance of Gifts) Act, 1945
Local Authorities (Acceptance of Gifts) Act, 1945
The whole Act.
The whole Act.
No. 24 of 1946
No. 24 of 1946
Local Government Act, 1946
Local Government Act, 1946
Sections 7 to 9, 15 to 17, 22, 25 to 27, 34, Part III (in so far as it is not already repealed) and Part IV and sections 62 to 66, 70, 71, 73, 76 to 79, 80 to 83, 88 to 93, 95 and 98.
Sections 7 to 9, 15 to 17, 22, 25 to 27, 34, Part III (in so far as it is not already repealed) and Part IV and sections 62 to 66, 70, 71, 73, 76 to 79, 80 to 83, 88 to 93, 95 and 98.
No. 3 of 1948
No. 3 of 1948
Local Government (Sanitary Services) Act, 1948
Local Government (Sanitary Services) Act, 1948
Sections 30, 41 and 42(2) and the Second, Third and Fourth Schedules.
Sections 30, 41 and 42(2) and the Second, Third and Fourth Schedules.
No. 24 of 1950
No. 24 of 1950
Limerick City Management Act, 1950
Limerick City Management Act, 1950
The whole Act.
The whole Act.
No. 9 of 1955
No. 9 of 1955
Local Government Act, 1955
Local Government Act, 1955
Chapter 1 of Part II other than section 24(2), sections 31 to 33, 40, 41, 48, 51, 53, 54, 58 to 65 and Part 1 of the Second Schedule.
Chapter 1 of Part II other than section 24(2), sections 31 to 33, 40, 41, 48, 51, 53, 54, 58 to 65 and Part 1 of the Second Schedule.
No. 12 of 1955
No. 12 of 1955
City and County Management (Amendment) Act, 1955
City and County Management (Amendment) Act, 1955
The whole Act.
The whole Act.
No. 9 of 1958
No. 9 of 1958
Local Government Act, 1958
Local Government Act, 1958
The whole Act.
The whole Act.
No. 10 of 1959
No. 10 of 1959
Local Government Act, 1959
Local Government Act, 1959
The whole Act.
The whole Act.
No. 40 of 1960
No. 40 of 1960
Local Government (No. 2) Act, 1960
Local Government (No. 2) Act, 1960
Part II and sections 11 and 12.
Part II and sections 11 and 12.
No. 3 of 1962
No. 3 of 1962
Road Fund (Grants) (Temporary Provisions) Act, 1962
Road Fund (Grants) (Temporary Provisions) Act, 1962
The whole Act.
The whole Act.
No. 8 of 1965
No. 8 of 1965
Cork City Management (Amendment) Act, 1965
Cork City Management (Amendment) Act, 1965
The whole Act.
The whole Act.
No. 21 of 1966
No. 21 of 1966
Housing Act, 1966
Housing Act, 1966
Sections 85, 87, 88 and 108.
Sections 85, 87, 88 and 108.
No. 6 of 1968
No. 6 of 1968
Local Government (Roads and Drainage) Act, 1968
Local Government (Roads and Drainage) Act, 1968
The whole Act.
The whole Act.
No. 32 of 1972
No. 32 of 1972
County Management (Amendment) Act, 1972
County Management (Amendment) Act, 1972
The whole Act.
The whole Act.
No. 8 of 1974
No. 8 of 1974
Local Elections (Petitions and Disqualifications) Act, 1974
Local Elections (Petitions and Disqualifications) Act, 1974
Section 25.
Section 25.
No. 35 of 1978
No. 35 of 1978
Local Government (Financial Provisions) Act, 1978
Local Government (Financial Provisions) Act, 1978
Sections 11 to 13 and 14.
Sections 11 to 13 and 14.
No. 21 of 1983
No. 21 of 1983
Local Government (Financial Provisions) (No. 2) Act, 1983
Local Government (Financial Provisions) (No. 2) Act, 1983
Section 9.
Section 9.
No. 7 of 1985
No. 7 of 1985
Local Government (Reorganisation) Act, 1985
Local Government (Reorganisation) Act, 1985
Sections 5 to 7, Part III (in so far as it is not already repealed) and sections 19 to 23, 25 and 27 and the First, Second, Third, Fourth and Fifth Schedules.
Sections 5 to 7, Part III (in so far as it is not already repealed) and sections 19 to 23, 25 and 27 and the First, Second, Third, Fourth and Fifth Schedules.
No. 3 of 1986
No. 3 of 1986
Canals Act, 1986
Canals Act, 1986
Section 15.
Section 15.
No. 28 of 1988
No. 28 of 1988
Housing Act, 1988
Housing Act, 1988
Section 27.
Section 27.
No. 11 of 1991
No. 11 of 1991
Local Government Act, 1991
Local Government Act, 1991
Parts II to VI and sections 41, 42 and 46 to 54.
Parts II to VI and sections 41, 42 and 46 to 54.
No. 31 of 1993
No. 31 of 1993
Local Government (Dublin) Act, 1993
Local Government (Dublin) Act, 1993
Part II and sections 39 and 40.
Part II and sections 39 and 40.
No. 8 of 1994
No. 8 of 1994
Local Government Act, 1994
Local Government Act, 1994
Parts II to VII, sections 44, 46 and Parts IX and X, sections 61 and 63 to 67 and the Third, Fourth and Fifth Schedules.
Parts II to VII, sections 44, 46 and Parts IX and X, sections 61 and 63 to 67 and the Third, Fourth and Fifth Schedules.
No. 12 of 1997
No. 12 of 1997
Litter Pollution Act, 1997
Litter Pollution Act, 1997
Subsections (1) and (2) of section 35.
Subsections (1) and (2) of section 35.
No. 29 of 1997
No. 29 of 1997
Local Government (Financial Provisions) Act, 1997
Local Government (Financial Provisions) Act, 1997
Sections 8, 13 and 16.
Sections 8, 13 and 16.
No. 16 of 1998
No. 16 of 1998
Local Government Act, 1998.
Local Government Act, 1998.
Sections 9 and 10.
Sections 9 and 10.
No. 25 of 2000
No. 25 of 2000
Local Government Act, 2000
Local Government Act, 2000
The whole Act.
The whole Act.
PART 2 Orders Revoked
PART 2
Orders Revoked
Section 5(2).
Year and Number
Year and Number
Short Title
Short Title
Extent of Revocation
Extent of Revocation
1
1
2
2
3
3
1898 No. 1120
1898 No. 1120
Local Government (Application of Enactments) Order, 1898
Local Government (Application of Enactments) Order, 1898
The whole Order.
The whole Order.
1899 No. 44
1899 No. 44
Local Government (Adaptation of Irish Enactments) Order, 1899
Local Government (Adaptation of Irish Enactments) Order, 1899
Articles 4 to 7, 13, 15 to 17, 19 to 36 and 42 to 45.
Articles 4 to 7, 13, 15 to 17, 19 to 36 and 42 to 45.
SCHEDULE 4
Section 5(3).
Minor and Consequential Amendments to Acts
Session and Chapter or Number and Year
Session and Chapter or Number and Year
Short Title
Short Title
Nature of Amendment
Nature of Amendment
1
1
2
2
3
3
61 & 62 Vict. c. 37
61 & 62 Vict. c. 37
Local Government (Ireland) Act, 1898
Local Government (Ireland) Act, 1898
In subsection (10) of section 54, in the final sentence, delete the words “and the said secretary shall be entitled to such payment for each certificate”.
In subsection (10) of section 54, in the final sentence, delete the words “and the said secretary shall be entitled to such payment for each certificate”.
No. 35 of 1978
No. 35 of 1978
Local Government (Financial Provisions) Act, 1978
Local Government (Financial Provisions) Act, 1978
In subsection (1) of section 10, substitute “required in accordance with section 102(3) of the Local Government Act, 2001,” for “required by section 9(1) of the Act of 1955”. In subsections (2)(a) and (3)(b)(ii) of section 10, substitute “section 103(7)(b)(i) of the Local Government Act, 2001,” for “section 10(4)(c) of the Act of 1955”. In subsection (3)(b)(i) of section 10, substitute “section 101(1) of the Local Government Act, 2001” for “section 26(1) of the Local Government Act, 1946”.
In subsection (1) of section 10, substitute “required in accordance with section 102(3) of the Local Government Act, 2001,” for “required by section 9(1) of the Act of 1955”.
In subsections (2)(a) and (3)(b)(ii) of section 10, substitute “section 103(7)(b)(i) of the Local Government Act, 2001,” for “section 10(4)(c) of the Act of 1955”.
In subsection (3)(b)(i) of section 10, substitute “section 101(1) of the Local Government Act, 2001” for “section 26(1) of the Local Government Act, 1946”.
No. 29 of 1997
No. 29 of 1997
Local Government (Financial Provisions) Act, 1997
Local Government (Financial Provisions) Act, 1997
In subsection (1) of section 1, in the definition of “local government auditor” substitute “referred to in section 116 of the Local Government Act, 2001;” for “referred to in section 68(2) of the Local Government Act, 1941;”.
In subsection (1) of section 1, in the definition of “local government auditor” substitute “referred to in section 116 of the Local Government Act, 2001;” for “referred to in section 68(2) of the Local Government Act, 1941;”.
No. 33 of 1998
No. 33 of 1998
Housing (Traveller Accommodation) Act, 1998
Housing (Traveller Accommodation) Act, 1998
In section 24, substitute “under subsections (4) and (5) of section 138 of the Local Government Act, 2001,” for “under section 2(9) of the City and County Management (Amendment) Act, 1955, (as amended by section 27 of the Act of 1988)”.
In section 24, substitute “under subsections (4) and (5) of section 138 of the Local Government Act, 2001,” for “under section 2(9) of the City and County Management (Amendment) Act, 1955, (as amended by section 27 of the Act of 1988)”.
No. 30 of 2000
No. 30 of 2000
Planning and Development Act, 2000
Planning and Development Act, 2000
In subsection (6)(c) and (7) of section 34, substitute “section 140 of the Local Government Act, 2001” for “section 4 of the City and County Management (Amendment) Act, 1955” and in paragraph (a) of the said subsection (7), substitute “subsection (3)” for “subsection (2)”. In section 179(5), substitute “Sections 138, 139 and 140 of the Local Government Act, 2001,” for “Sections 2, 3 and 4 of the City and County Management (Amendment) Act, 1955”.
In subsection (6)(c) and (7) of section 34, substitute “section 140 of the Local Government Act, 2001” for “section 4 of the City and County Management (Amendment) Act, 1955” and in paragraph (a) of the said subsection (7), substitute “subsection (3)” for “subsection (2)”.
In section 179(5), substitute “Sections 138, 139 and 140 of the Local Government Act, 2001,” for “Sections 2, 3 and 4 of the City and County Management (Amendment) Act, 1955”.
SCHEDULE 5
Section 10(2).
Local Government Areas (Counties and Cities)
PART 1 Counties
PART 1
Counties
Carlow
Carlow
Mayo
Mayo
Cavan
Cavan
Meath
Meath
Clare
Clare
Monaghan
Monaghan
Cork
Cork
North Tipperary
North Tipperary
Donegal
Donegal
Offaly
Offaly
Dun Laoghaire-Rathdown
Dun Laoghaire-Rathdown
Roscommon
Roscommon
Fingal
Fingal
Sligo
Sligo
Galway
Galway
South Dublin
South Dublin
Kerry
Kerry
South Tipperary
South Tipperary
Kildare
Kildare
Waterford
Waterford
Kilkenny
Kilkenny
Westmeath
Westmeath
Laois
Laois
Wexford
Wexford
Leitrim
Leitrim
Wicklow
Wicklow
Limerick
Limerick
Longford
Longford
Louth
Louth
PART 2 Cities
PART 2
Cities
Cork
Cork
Limerick
Limerick
Dublin
Dublin
Waterford
Waterford
Galway
Galway
SCHEDULE 6
Section 10(3).
Local Government Areas (Towns)
PART 1
PART 1
Chapter 1 Boroughs
Chapter 1
Boroughs
Clonmel
Clonmel
Drogheda
Drogheda
Kilkenny
Kilkenny
Sligo
Sligo
Wexford
Wexford
Chapter 2 Former Urban Districts
Chapter 2
Former Urban Districts
Arklow
Arklow
Kilrush
Kilrush
Athlone
Athlone
Kinsale
Kinsale
Athy
Athy
Letterkenny
Letterkenny
Ballina
Ballina
Listowel
Listowel
Ballinasloe
Ballinasloe
Longford
Longford
Birr
Birr
Macroom
Macroom
Bray
Bray
Mallow
Mallow
Buncrana
Buncrana
Midleton
Midleton
Bundoran
Bundoran
Monaghan
Monaghan
Carlow
Carlow
Naas
Naas
Carrickmacross
Carrickmacross
Navan
Navan
Carrick-on-Suir
Carrick-on-Suir
Nenagh
Nenagh
Cashel
Cashel
New Ross
New Ross
Castlebar
Castlebar
Skibbereen
Skibbereen
Castleblayney
Castleblayney
Templemore
Templemore
Cavan
Cavan
Thurles
Thurles
Clonakilty
Clonakilty
Tipperary
Tipperary
Clones
Clones
Tralee
Tralee
Cobh
Cobh
Trim
Trim
Dundalk
Dundalk
Tullamore
Tullamore
Dungarvan
Dungarvan
Westport
Westport
Ennis
Ennis
Wicklow
Wicklow
Enniscorthy
Enniscorthy
Youghal
Youghal
Fermoy
Fermoy
Kells
Kells
Killarney
Killarney
PART 2 Former Town Commissioners
PART 2
Former Town Commissioners
Ardee
Ardee
Kilkee
Kilkee
Balbriggan
Balbriggan
Leixlip
Leixlip
Ballybay
Ballybay
Lismore
Lismore
Ballyshannon
Ballyshannon
Loughrea
Loughrea
Bandon
Bandon
Mountmellick
Mountmellick
Bantry
Bantry
Muinebheag
Muinebheag
Belturbet
Belturbet
Mullingar
Mullingar
Boyle
Boyle
Passage West
Passage West
Cootehill
Cootehill
Portlaoise
Portlaoise
Droichead Nua
Droichead Nua
Shannon
Shannon
Edenderry
Edenderry
Tramore
Tramore
Gorey
Gorey
Tuam
Tuam
Granard
Granard
Greystones
Greystones
SCHEDULE 7
Section 21.
Number of Members of Local Authorities
PART 1 County Councils
PART 1
County Councils
County Council
County Council
Number of Members
Number of Members
Carlow
Carlow
21
21
Cavan
Cavan
25
25
Clare
Clare
32
32
Cork
Cork
48
48
Donegal
Donegal
29
29
Dun Laoghaire-Rathdown
Dun Laoghaire-Rathdown
28
28
Fingal
Fingal
24
24
Galway
Galway
30
30
Kerry
Kerry
27
27
Kildare
Kildare
25
25
Kilkenny
Kilkenny
26
26
Laois
Laois
25
25
Leitrim
Leitrim
22
22
Limerick
Limerick
28
28
Longford
Longford
21
21
Louth
Louth
26
26
Mayo
Mayo
31
31
Meath
Meath
29
29
Monaghan
Monaghan
20
20
North Tipperary
North Tipperary
21
21
Offaly
Offaly
21
21
Roscommon
Roscommon
26
26
Sligo
Sligo
25
25
South Dublin
South Dublin
26
26
South Tipperary
South Tipperary
26
26
Waterford
Waterford
23
23
Westmeath
Westmeath
23
23
Wexford
Wexford
21
21
Wicklow
Wicklow
24
24
PART 2 City Councils
PART 2
City Councils
City Council
City Council
Number of Members
Number of Members
Cork
Cork
31
31
Dublin
Dublin
52
52
Galway
Galway
15
15
Limerick
Limerick
17
17
Waterford
Waterford
15
15
PART 3 Town/Borough Councils with 12 members
PART 3
Town/Borough Councils with 12 members
Bray
Bray
Clonmel
Clonmel
Drogheda
Drogheda
Dundalk
Dundalk
Kilkenny
Kilkenny
Sligo
Sligo
Tralee
Tralee
Wexford
Wexford
SCHEDULE 8
Section 32(4).
Alternative Titles to Cathaoirleach and Leas-Chathaoirleach, etc.
(1) A local authority which is a county council, or a town council referred to in Chapter 2 of Part 1 of Schedule 6 or in Part 2 of Schedule 6 may by resolution give to the office of its Cathaoirleach or Leas-Chathaoirleach the following titles
(a) in the Irish language the title of “Méara” or “Leas-Mhéara”, respectively, and
(b) in the English language, the title of “Mayor” or “Deputy Mayor”, respectively.
(2) Where titles are given in accordance with paragraph (1), the holders of the offices shall, as appropriate, be styled—
(a) in the case of a county council, in the Irish language “Méara Chontae .......” and “Leas-Mhéara Chontae .......” followed by the name of the county in Irish, and in the English language “Mayor of the County of .......” and “Deputy Mayor of the County of .......” followed by the name of the county in English,
(b) in the case of a town council referred to in paragraph (1), in the Irish language, “Méara Bhaile .......” and “Leas-Mhéara Bhaile .......” followed by the name of the town in Irish, and in the English language “Mayor of the Town of .......” and “Deputy Mayor of the Town of .......” followed by the name of the town in English.
(3) A local authority which has by resolution under paragraph (1) given the titles provided in that paragraph may revert by resolution to the titles of Cathaoirleach or Leas-Chathaoirleach provided for in section 31 and which shall be styled in accordance with that section.
SCHEDULE 9
Section 42.
Minor and Consequential Amendments relating to Direct Elections, etc.
1.—The Electoral Act, 1992, is amended—
(a) by the insertion in section 2 after the definition of “the Defence Forces” of the following
“‘direct election’ means an election held under Part 5 of the Local Government Act, 2001, and reference to ‘direct’, in the context of an election, shall be construed accordingly,”,
(b) by the insertion in section 13(1) of “and direct elections” after “local elections”,
(c) in section 15A (inserted by section 76 of the Electoral Act, 1997)—
(i) by the insertion in subsection (4) of “or direct election” after “local election”, and
(ii) by the insertion in subsection (5) of “, direct” after “European”,
(d) in section 15B (inserted by section 76 of the Electoral Act, 1997)—
(i) by the insertion in subsection (4) of “or direct election” after “local election”, and
(ii) by the insertion in subsection (5) of “, direct” after “European”,
(e) in section 25—
(i) by the insertion of “or a direct election” after “local election” in each place where it occurs, and
(ii) by the insertion of “or direct elections” after “local elections” in each place where it occurs,
(f) by the insertion in section 28(1) of “, direct elections” after “European elections”,
(g) in section 41—
(i) by the insertion of “or” at the end of paragraph (k) and the insertion of the following after that paragraph
“(l) is a directly elected Cathaoirleach of a local authority,”,
(ii) by the insertion after “Dáil” where it last occurs of “and, in the case of paragraph (l), a person shall be disqualified for nomination for election as a member and the disqualification shall extend for 12 months after ceasing for any reason to hold that office.”,
(h) by the insertion in section 164(1) of “, direct elections under Part 5 of the Local Government Act, 2001,” after “local elections”,
(i) in section 165—
(i) by the substitution in subsection (1) for paragraph (f) of the following
“(f) the poll at a local election;
(g) the poll at a direct election under the Local Government Act, 2001.”,
and
(ii) by the insertion in subsection (2) of “or direct election” after “local election” in paragraph (f),
(j) in the Second Schedule—
(i) by the substitution for paragraph (d) of Rule 6(1) of the following
“(d) for a local electoral area — to each local authority member for that area;
(e) for the registration area — to the directly elected Cathaoirleach.”,
(ii) by the substitution for paragraph (d) of Rule 13(4) of the following
“(d) for a local electoral area — to each local authority member for that area;
(e) for the registration area — to the directly elected Cathaoirleach.”,
(iii) in Rule 14—
(I) by the deletion in paragraph (4)(a) of “and” in subparagraph (ii), the insertion of “and” after “local election,” in subparagraph (iii) and the insertion of the following after subparagraph (iii)—
“(iv) each candidate duly nominated for an electoral area at a direct election,”,
(II) by the insertion in paragraph (4)(c) of “or direct election” after “or a local election”, and
(III) by the insertion in paragraph (5) of “or direct election” after “or a local election”.
2.—The Electoral Act, 1997, is amended—
(a) in section 22(2)—
(i) by the insertion in paragraph (b)(iii) of “or direct election” after “local election” in clauses (I) and (II) (inserted by section 5 of the Electoral (Amendment) Act, 1998), and
(ii) by the insertion in paragraph (c) of “or direct election” after “local election” in subparagraph (1) (inserted by section 5 of the Electoral (Amendment) Act, 1998),
and
(b) by the insertion in section 24A(1) (inserted by section 7 of the Electoral (Amendment) Act, 1998) of “or direct election” after “local election” in paragraph (a).
3.—The Litter Pollution Act, 1997 is amended—
(a) by the substitution in section 19(7)(b)(ii) of “a local election or direct election within the meaning of the Local Government Act, 2001” for “a local election within the meaning of the Local Government Act, 1994”, and
(b) by the substitution in section 21(2)(b) of “a local election or direct election within the meaning of the Local Government Act, 2001” for “a local election within the meaning of the Local Government Act, 1994”.
SCHEDULE 10
Section 44.
Meetings and Proceedings of Local Authorities
Local authority meetings.
Local authority meetings.
1.—(1) In every year a local authority shall hold—
(a) an annual meeting as provided for in paragraph 3,
(b) a local authority budget meeting as referred to in paragraph 5,
(c) such other meetings as are necessary for the transaction of its business, which meetings are in this Act referred to as ordinary meetings.
(2) In addition, a local authority may hold such special meetings as may be requisitioned by virtue of paragraph 6 or section 140 or as may be decided by resolution.
(3) This Schedule shall as regards a special meeting convened for the purposes of section 34 or 146 be read subject to and in accordance with the requirements of the relevant section.
Place, date and time of meetings.
Place, date and time of meetings.
2.—(1) A local authority shall provide or arrange for the provision of accommodation for the holding of meetings.
(2) In so far as practicable, the place for holding of meetings is the principal offices of the authority and meetings shall normally be held at such place.
(3) Subject to this Act, meetings shall be held on such days and at such times as the local authority shall by resolution appoint or shall fix by standing orders.
(4) In so far as practicable, a local authority shall fix a regular schedule for the holding of ordinary meetings, which may be set out in standing orders or appointed by resolution.
(5) Subject to this paragraph, different days, times and places (whether within or without the administrative area of the authority) may be appointed from time to time by resolution or fixed by standing orders for different meetings.
Day of annual meeting.
Day of annual meeting.
3.—(1) In every year in which a local election is held, the annual meeting of a local authority shall be held—
(a) if the local authority is a county council, on the fourteenth day, and
(b) in any other case, on the tenth day,
after the polling day or, where the poll is for any reason counter-manded, interrupted or adjourned, after the day on which the poll is completed or the fresh poll is held.
(2) Where the fourteenth day or tenth day referred to in subparagraph (1) is an excluded day, the meeting shall be held on the next following day which is not an excluded day.
(3) In every other year, the local authority shall hold an annual meeting on such day, in the month of May or June, as the local authority shall by resolution appoint or fix by standing orders.
(4) Whenever an annual meeting of a local authority is for any reason not held on the day appointed or fixed by or by virtue of this paragraph for the holding of such meeting, the meetings administrator shall, following consultation, if practicable, with the Cathaoirleach, or if the office of the Cathaoirleach is vacant or the Cathaoirleach is unable to act, with the Leas-Chathaoirleach, convene a meeting of the local authority for a convenient hour on the day which appears to such administrator to be the earliest convenient date for that purpose and a meeting so held shall be deemed for all purposes to be an annual meeting held on the day appointed under subparagraph (1), (2) or (3) as appropriate.
Business and public notice of annual meeting.
Business and public notice of annual meeting.
4.—(1) At an annual meeting in an election year the meetings administrator shall read out the names of the persons duly elected as members of the local authority and where relevant the name of the Cathaoirleach elected by direct election.
(2) Subject to subparagraph (1), the election of a Cathaoirleach in accordance with sections 36 and 37 is to be the first business at an annual meeting, except in a case where such Cathaoirleach has been elected by direct election in which case the election of the Leas-Chathaoirleach shall be the first business.
(3) Where the Cathaoirleach is elected in accordance with sections 36 and 37 the next business shall be the election of the Leas-Chathaoirleach.
(4) In the case of the annual meeting of a local authority in an election year the business to be transacted shall, subject to this paragraph, include the consideration of the election, appointment or nomination of members of joint bodies or other bodies elected, appointed or nominated by such local authority.
(5) Every member of a joint body who has been elected, appointed or nominated by a local authority and is in office as such member at the date of an election to such local authority shall continue to hold office as such member of such joint body until his or her successor is appointed unless he or she sooner dies, resigns, is disqualified, removed from office or otherwise ceases to be a member of the local authority or a member of the joint body, as the case may be, other than by way of reaching the ordinary day of retirement of members of a local authority.
(6) (a) In an election year a local authority shall publish a notice of its annual meeting in at least one newspaper circulating in its administrative area which—
(i) states the date of the annual meeting and where appropriate that the first business of the meeting will be the election of the Cathaoirleach, and
(ii) specifies the joint bodies and other bodies to which the local authority is entitled to make appointments at that meeting or subsequently.
(b) In this paragraph “appointments” includes—
(i) appointments of members of the local authority, whether by virtue of holding a particular office or by way of nomination, election or otherwise, and
(ii) appointments of persons who are not members of the local authority.
(7) (a) The notice under subparagraph (6)(a) of the annual meeting shall be in a form and published within a period, prescribed by the Minister by regulations.
(b) Regulations under this subparagraph may also provide for the publication by a local authority of a subsequent public notice within such period as may be specified, listing the appointments made by it to joint bodies or other bodies referred to in subparagraph (6)(a), or indicating that such a list may be inspected at the principal offices of the local authority.
(c) Failure by a local authority to publish a notice of the annual meeting as required by this paragraph or to publish it with any omission or error in it does not invalidate any meeting of the local authority or any appointment made or other thing done at the meeting.
Local authority budget meeting.
Local authority budget meeting.
5.—A local authority shall hold its budget meeting in accordance with section 103 within the period prescribed by regulations made by the Minister for the purposes of that section.
Special meetings.
Special meetings.
6.—(1) A requisition to have a special meeting of a local authority convened (in this paragraph referred to as a “requisition”) may be made—
(a) by the Cathaoirleach,
(b) if the office of Cathaoirleach is vacant, or the Cathaoirleach is unable to act, by the Leas-Chathaoirleach, or
(c) by the Cathaoirleach on foot of a request presented to him or her by any 5 members.
(2) Where the Cathaoirleach refuses or neglects to act on foot of a request referred to in subparagraph (1)(c) within 7 days of it being presented to him or her, the members making the request may convene the meeting in accordance with this paragraph.
(3) A requisition shall be made in writing and be delivered by the Cathaoirleach, the Leas-Chathaoirleach or in a case where subparagraph (2) applies by the members making the requisition, as the case may be, to the meetings administrator.
(4) A requisition shall be signed by the person or persons making it, as the case may be, and shall—
(a) contain as an agenda a statement of the business which it is proposed to transact at the meeting, and
(b) specify a day, (other than an excluded day), which is not less than 3 clear days after the day on which it is received by the meetings administrator, for the holding of the meeting.
(5) On receipt of a requisition, the meetings administrator shall, unless it is a case to which subparagraph (6) applies, issue a notification under paragraph 7 and give public notice under paragraph 8 for the special meeting required by the requisition.
(6) Where—
(a) a requisition under subparagraph (1)(c) specifies a day for the holding of a special meeting, and
(b) an ordinary meeting of the local authority is to be held on a day within the period of 10 days after the day on which the meetings administrator receives the requisition.
the business stated in the requisition shall be considered at that ordinary meeting and the special meeting shall not be convened.
Notification of meeting and agenda.
Notification of meeting and agenda.
7.—(1) A notification to attend a meeting, other than a local authority budget meeting, shall—
(a) be sent or delivered to each member of the local authority concerned,
(b) specify the place, date and time of the meeting, and
(c) give not less than 3 clear days notice of the meeting.
(2) Paragraph 5 applies to a local authority budget meeting.
(3) In the case of a meeting requisitioned under section 140 or convened under section 34 or 146 the relevant section applies in relation to such meeting.
(4) (a) A notification shall include or be accompanied by an agenda listing the business proposed to be transacted at the meeting.
(b) An agenda which has been sent or delivered for the purposes of subparagraph (1) may be altered (whether by way of addition, deletion or otherwise) if an agenda paper specifying the alteration is delivered or sent to each member not less than 3 clear days before the day on which the meeting is to be held.
(5) In the case of a special meeting convened under paragraph 6, a copy of the requisition shall be sent with the notification.
(6) Subject to subparagraph (7), a notification shall have the signature of the meetings administrator and any document claiming to have that signature shall be deemed, until the contrary is proved, to have been duly issued or given with the authority of the local authority.
(7) Non-receipt of a notification by any member or lack of a signature or any other defect in the notification does not affect the validity of a meeting or of any act or thing done at the meeting.
(8) For the purposes of this paragraph “signature” includes a facsimile of a signature by whatever process reproduced or a printed version, whether original or facsimile, of the name of the meetings administrator and a printed version of that name, whether original or facsimile, shall be deemed to have been duly placed on the document by or with the consent of the meetings administrator until the contrary is proved.
(9) The meetings administrator shall, where practicable, advise the Cathaoirleach as regards the business of a meeting.
Public notice of meetings.
Public notice of meetings.
8.—(1) (a) Notice of the place, date, and time of a meeting other than a local authority budget meeting shall be displayed not less than 3 clear days before the day of the meeting in or at the principal offices of the local authority in a position convenient for public inspection during normal office hours.
(b) A notice referred to in clause (a) shall include the agenda for the meeting or shall specify a place where the agenda can be inspected and in the case of a meeting requisitioned under paragraph 6 or under section 140 the agenda shall include or be accompanied by a copy of the requisition.
(c) Paragraph 5 applies in the case of a local authority budget meeting.
(2) (a) On request, a local authority shall supply a copy of a public notice and agenda to any person seeking such copy.
(b) A local authority may make arrangements for the supply to the media of copies of a public notice and agenda referred to in clause (a).
(c) A local authority may charge such fee, if any, as it may fix for the supply of the copy of the public notice and agenda but no fee shall exceed the reasonable cost of providing the copy.
(3) By resolution or standing orders, a local authority may make such additional arrangements for the giving of public notice of meetings, including display of notice at additional locations, including but not limited to public libraries, or publication in a newspaper, electronically or otherwise, as it considers appropriate.
(4) Failure to display or to supply a copy of a notice by virtue of this paragraph does not affect the validity of a meeting or of any act or thing done at the meeting.
Business of meeting.
Business of meeting.
9.—Subject to paragraph 16, no business shall be transacted at a meeting other than that specified in the agenda which relates to the meeting or business required by this Act or otherwise by law to be transacted at the meeting.
Chairing of meetings.
Chairing of meetings.
10.—(1) If present at a meeting, the Cathaoirleach shall chair it.
(2) If and for so long as the Cathaoirleach is not present, or the office of Cathaoirleach is vacant, the Leas-Chathaoirleach shall chair the meeting if he or she is present but shall leave the chair on the arrival at the meeting of the Cathaoirleach or, in the case of a meeting to fill a casual vacancy in the office of Cathaoirleach in accordance with section 38 or 41(2), following the election of a Cathaoirleach at that meeting.
(3) In any other case, the meeting shall proceed to the election of one of the members present to chair the meeting and such member shall leave the chair on the arrival at the meeting of the Cathaoirleach or Leas-Chathaoirleach.
(4) It is the duty of a Cathaoirleach, Leas-Chathaoirleach or any other member who is required in accordance with this paragraph to chair a meeting to take the chair and to proceed with the business of the meeting.
(5) The procedure for the chairing of an annual meeting in an election year until the election of a Cathaoirleach at such meeting by virtue of section 36 shall be specified in standing orders and may include provision, subject to subparagraph (6), for the taking of the chair for this period by a member or by an employee of the local authority concerned.
(6) Any member selected to chair an annual meeting under subparagraph (5) shall not have a second or casting vote and the employee of the local authority, if so selected in accordance with that subparagraph, shall not have any vote.
Quorum.
Quorum.
11.—(1) The quorum for a meeting of a local authority is one-fourth of the total number of members of the local authority plus one or, where one-fourth of such total number is not a whole number, the quorum is the next highest whole number plus one.
(2) Whenever a meeting of a local authority is abandoned owing to failure to obtain a quorum, the names of those members present at the time and place appointed for such meeting shall be recorded by the meetings administrator and they shall for all purposes be deemed to have attended a duly constituted meeting.
Doing of acts and determination of questions.
Doing of acts and determination of questions.
12.—(1) Each member present at a meeting of a local authority shall have a vote unless prohibited from voting by this or any other enactment.
(2) All acts of a local authority which are reserved functions or questions duly coming or arising before a meeting of a local authority shall be determined—
(a) by a majority of the votes of the members present and voting, or
(b) where there is an equality of votes, by a second or casting vote of the person chairing the meeting (which person shall have and may choose to exercise such a vote).
(3) This paragraph is without prejudice to the other provisions of this Act (including provisions required to be included in standing orders by virtue of paragraph 16) or of any other enactment, requiring either the presence of a specified number or proportion of the members or that a specified number or proportion should vote in favour for the doing of any particular act.
(4) Nothing in this paragraph shall be read as prohibiting a local authority from setting out in standing orders the procedures and methods of voting including when a roll call vote is to be taken.
Disorderly conduct.
Disorderly conduct.
13.—(1) If—
(a) in the opinion of the person chairing a meeting (in this paragraph referred to as the “chair”), any member has been or is disorderly by persistently disregarding the ruling of the chair, or by behaving irregularly, improperly or offensively, or by otherwise obstructing the business of the meeting, and
(b) the chair has conveyed his or her opinion to the members present by naming the member concerned,
then the chair or any member may move “that the member named leave the meeting” and the motion, if seconded, shall be put and determined without discussion.
(2) Where a local authority decides in accordance with subparagraph (1) that a member leave a meeting, that member shall immediately leave the meeting and shall not be entitled to speak or to take any further part in that meeting on that day.
(3) Where in the opinion of the chair—
(a) there is general disorder which impedes the orderly transaction of business, or
(b) where a member against whom it was resolved that he or she leave the meeting by virtue of this paragraph refuses to do so,
the chair may adjourn the meeting for such period as he or she considers necessary in the interests of order.
Minutes.
Minutes.
14.—(1) Minutes of the proceedings of a meeting of a local authority shall be drawn up by the meetings administrator.
(2) The minutes shall include—
(a) the date, time and place of the meeting,
(b) the names of the members present at the meeting,
(c) a list of the senior employees of the local authority present at the meeting,
(d) reference to any report submitted to the members at the meeting,
(e) where there is a roll call vote, the number and names of members voting for and against the motion and of those abstaining,
(f) particulars of all resolutions passed at the meeting, and
(g) such other matters considered appropriate.
(3) A copy of the minutes of a meeting shall be sent or given by the meetings administrator to each member of the local authority.
(4) Minutes of a meeting shall be submitted for confirmation as an accurate record at the next following ordinary meeting, where practicable, or where not, at the next following meeting and recorded in the minutes of that meeting.
(5) When confirmed, with or without amendment, the minutes of a meeting shall be signed by the person chairing the meeting they were submitted to for confirmation and any minutes claiming to be so signed shall be received in evidence without proof.
(6) Until the contrary is proved, every meeting in respect of the proceedings of which minutes have been confirmed shall be deemed to have been duly convened and held and all the members at the meeting shall be deemed to be duly qualified.
(7) A copy of the minutes of a meeting when confirmed in accordance with subparagraph (5) shall be open to inspection at the principal offices of the local authority and any person may inspect and make a copy of, or abstract from, the minutes during the usual office hours of the authority.
(8) A copy of the minutes shall be provided to any person applying for them on payment of such reasonable sum, if any, being a sum not exceeding the reasonable cost of supplying the copy, as may be fixed by the local authority.
(9) Each local authority shall make proper arrangements for the safe keeping of the minutes of the authority.
Record of attendance at meetings and address for correspondence.
Record of attendance at meetings and address for correspondence.
15.—(1) Each local authority is responsible for the maintenance of a record of attendance at its meetings.
(2) The attendance of each member present at a meeting shall be entered by that member in a record kept for that purpose by the local authority.
(3) Where any provision of this Act provides for the delivery or sending of a document to a member such document shall be sent to the address supplied in writing by the member.
(4) Where any provision of this Act provides for the delivery or sending of a notice to the manager, meetings administrator or to the principal offices of a local authority such notice shall be sent or delivered to the address of such office of the local authority as shall be fixed for that purpose by the manager and such address shall be included in the standing orders of the local authority.
Standing orders.
Standing orders.
16.—(1) (a) A local authority shall, subject to this Act and by resolution for which at least one-half of the total number of members of the authority vote in favour, make standing orders for the regulation of its meetings and proceedings.
(b) A local authority may include in standing orders all such incidental, consequential or supplementary provisions as may appear to the local authority to be appropriate for that purpose.
(c) A local authority shall in making standing orders comply with section 19(3)(c).
(2) A local authority may, by resolution for which at least one-half of the total number of members of the authority vote in favour, amend or revoke standing orders and make new standing orders.
(3) (a) A copy of standing orders shall be sent or delivered by the meetings administrator to each member on his or her coming into office, or as soon as practicable thereafter, and as soon as may be practicable after new standing orders have been made.
(b) A copy of any amendment to standing orders shall likewise be supplied to each member.
(4) Without prejudice to the generality of subparagraph (1), a local authority shall include in standing orders provisions for the following
(a) a schedule of ordinary meetings;
(b) commencement, adjournment and termination of meetings;
(c) the chairing of an annual meeting in an election year where the Cathaoirleach falls to be elected in accordance with section 36;
(d) the revocation of resolutions subject to a requirement that such number of members as is specified in standing orders, which shall be at least one-half of the total number of members of the authority, vote in favour and subject to such other requirements as may be so specified;
(e) dealing with urgent business related to a function of the local authority, subject to a requirement that such number of members as is specified in standing orders, which shall be at least one-half of the total number of members of the authority, vote in favour and subject to such other requirements as may be so specified;
(f) the procedures to be followed for the doing of acts and the determination of questions, including the procedures and methods of voting and when a roll call vote is to be taken;
(g) the suspension of any provision of standing orders other than those to which clauses (d), (e) and (f) relate and subject to a requirement that at least two-thirds of the members present vote in favour and to such other requirements as may be specified in standing orders;
(h) the address for the purposes of paragraph 15(4).
(5) The Minister may issue general directions to local authorities in relation to standing orders and the provisions to be included in them.
(6) (a) Subject to this Act and to any other relevant enactment, standing orders of a local authority may include provisions to regulate the proceedings and business of committees established by the authority, as it may consider appropriate.
(b) Subject to clause (a), a committee may regulate its own business and proceedings by way of its own standing orders or otherwise.
Committees.
Committees.
17.—(1) Paragraphs 12, 13, 14 and 15, and paragraph 16 in so far as it is relevant, apply in relation to a committee of a local authority or a joint committee with any necessary modifications.
(2) The quorum for a meeting of a committee shall be such as may be fixed by the local authority which established it but in no case shall be less than 3.
Right to form groups for certain appointments.
Right to form groups for certain appointments.
18.—(1) Where 2 or more persons are to be appointed by a local authority to a body to which this paragraph applies, then—
(a) any group of members who are present at the meeting at the time when the business of making the appointments is reached and comprising the number of members necessary for the purposes of this paragraph may nominate a person to be a member of that body and the person shall be so appointed on that nomination without any vote being taken, and
(b) the members of the body then remaining to be appointed shall be appointed successively by the members of the local authority who are not members of any group referred to in clause (a) and who were present at the meeting at the time when the business of making the appointments was reached.
(2) (a) Subject to clause (b) the number of members necessary to form a group for the purposes of this paragraph shall be obtained by dividing the total number of members present at the meeting of the authority at the time when the business of making the relevant appointments is reached by the number of the appointments to be so made, or, where the number so obtained is not a whole number, the whole number next above the number so obtained.
(b) No member of a local authority shall be a member of more than one group for the purposes of this paragraph.
(3) This paragraph applies to the following bodies
(a) a committee of a local authority;
(b) a joint committee or joint body of one or more local authorities;
(c) a vocational education committee within the meaning of the Vocational Education Act, 1930;
(d) a harbour authority within the meaning of the Harbours Act, 1946;
(e) a school attendance committee within the meaning of the School Attendance Act, 1926;
(f) a regional authority established by order under section 43 of the Local Government Act, 1991;
(g) a regional tourism organisation;
(h) the General Council of County Councils;
(i) the Association of Municipal Authorities of Ireland;
(j) a county enterprise board within the meaning of the Industrial Development Act, 1995;
(k) a LEADER group established in the framework of an EU community initiative for rural development;
(l) the Dublin Transportation Office Advisory Committee;
(m) an Area Partnership Board;
(n) such other body or bodies as may be specified by order of the Minister either generally or in respect of one or more specified local authorities.
(4) (a) This paragraph applies to the appointment of—
(i) members of a local authority, and
(ii) other persons who are not members (where such appointment is authorised by or under any enactment),
to a body referred to in subparagraph (3), whether by way of nomination or election.
(b) Clause (a) does not apply as regards the appointment of persons who are not members of a local authority to membership of a strategic policy committee, a municipal policy committee, a local consultative committee, a vocational education committee or a school attendance committee.
(5) This paragraph shall not be read so as to make unnecessary for appointment to any office, post or position, the possession of any special knowledge, experience or other qualification the possession of which is required by law for appointment to the office, post or position.
(6) This paragraph shall not be read so as to affect the entry to or tenure of membership of any body, or any other office, held by virtue of being an office holder.
(7) Section 5 of, and the relevant provisions of the Second Schedule to, the Health Act, 1970, shall have effect in relation to appointments by a local authority to a health board.
Equity in appointments, etc
Equity in appointments, etc
19.—(1) A local authority shall seek to promote the objective of an appropriate gender balance in the making of appointments by it to bodies to which paragraph 18 applies and to other bodies.
(2) The Minister may issue guidelines as regards the objective referred to in subparagraph (1), and a local authority shall comply with any such guidelines in the making of its appointments to the bodies concerned.
(3) A local authority may by resolution make rules for the purpose of ensuring that appointments made by it to bodies to which paragraph 18 applies and to other bodies are made fairly and equitably, taking account of the various interests represented on the authority and the totality of the appointments to be made to those bodies.
(4) Nothing in this paragraph shall be read as prohibiting the operation of paragraph 18 by any group of members except that any member who voted for a resolution under this paragraph shall not—
(a) form any part of a group by virtue of paragraph 18 in relation to a body to which rules referred to in subparagraph (3) apply, or
(b) vote in accordance with paragraph 18 in relation to an appointment to such body.
SCHEDULE 11
Section 62.
Local Authority Boundary Alteration
Matters for which provision may be made in a supplementary order under section 62(0).
Matters for which provision may be made in a supplementary order under section 62(0).
1. The following are the matters referred to in section 62(2)
(a) the functions of any authority concerned in relation to a relevant area;
(b) the inclusion of a relevant area, in any local electoral area or any administrative or geographical district or other division used for any purpose of public administration;
(c) the application or non-application of any enactment to a relevent area;
(d) the continuance of legal proceedings commenced by or against any authority concerned before the making of the primary order concerned where such proceedings relate to any matter, right, duty or liability arising, accrued or incurred in, or relating to, any relevant area;
(e) such modifications, adaptation or amendment of any enactment as may be necessary for the purposes of the primary order;
(f) an adjustment between any authorities concerned (which may include provision for the payment of money, by a single payment or in 2 or more instalments, by one or more authorities concerned to any other authority or authorities concerned) in relation to all or any of the following
(i) any net loss of revenue, actual or prospective, which is or may be incurred by any authority concerned in consequence of the primary order,
(ii) property, whether real or personal (including choses-in-action), vested in or belonging to or held in trust for any authority concerned and wholly or partly situated in or relating to any relevant area,
(iii) debts (including mortgage debts), charges created by statute and other liabilities (including unliquidated amounts, unliquidated damages arising from torts or breaches of contract and accruing or prospective liabilities), due and unpaid, or incurred and undischarged, and relating wholly or in part to any relevant area,
(iv) agreements or arrangements between any authorities concerned with respect to financial matters,
(v) alteration for specified purposes in the areas of charge provided for in section 10 of the Local Government Act, 1946,
(vi) rates and charges due and payable or accruing due,
(vii) the assessment and levying of rates and charges in any relevant area, (including the temporary reduction of valuations and the making of abatements),
and for giving effect to any matter referred to in clause (v), (vi) or (vii);
(g) the transfer of employees of an authority or authorities concerned to any other authority or authorities concerned;
(h) the enabling of provision to be made in respect of any matter referred to in subparagraph (f) (where provision in respect of it is not otherwise made by a supplementary order) by agreement between the authorities concerned or in the event of a failure by the authorities concerned to reach agreement, in such manner as may be specified in the order;
(i) the preparation of official maps showing the boundary of any relevant area and the evidential value of such maps;
(j) transitional matters relating to any development plan (within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1999) in so far as it relates to any relevant area;
(k) the continuance of any thing done, or treated by virtue of any enactment as having been done, by, to or in relation to, any authority concerned in relation to any relevant area;
(l) the register of electors and polling districts to be used at any election of councillors for any local electoral area;
(m) the continuance in office of members of any authority concerned;
(n) the alteration of the number of members of any county council, city council or town council concerned;
(o) the alteration of any local electoral areas and the number of members assigned to such area for any local authority concerned;
(p) any other matter which appears to be necessary or proper for bringing into operation and giving full effect to the primary order.
2. In paragraph 1(k) “thing” includes the following
(a) any written agreement or other instrument in writing or any scheme, plan, statement, policy, strategy, determination, declaration, undertaking, made or adopted by or on behalf of, or to be treated as having been made or adopted by or on behalf of an authority concerned;
(b) any direction given, revocation made, or to be treated as having been given or made, by or to an authority concerned;
(c) any licence, permit, certificate, permission, consent, approval, authorisation, exemption, relaxation, acknowledgement or dispensation granted or given, or to be treated as having been granted or given, by or to an authority concerned;
(d) any application, proposal or objection made, or to be treated as having been made, by or to an authority concerned;
(e) any condition or requirement imposed, or to be treated as having been imposed, or any notice served or to be treated as having been served, by or on an authority concerned.
3. An adjustment under paragraph 1(f) or an agreement under paragraph 1(h) may include—
(a) in the case of property referred to in paragraph 1(f)(ii), provision for the retention of the property by any authority concerned or for the transfer of it to another authority concerned or for the joint use of such property by 2 or more authorities concerned, and
(b) in the case of a debt or other liability referred to in paragraph 1(f)(iii), provision for the whole of such debt or liability being borne by any authority concerned or for the apportionment of the liability between 2 or more authorities concerned.
SCHEDULE 12
Section 63.
Acts of the Oireachtas: Functions of Local Authorities
PART 1 Responsibility primarily with the Minister
PART 1
Responsibility primarily with the Minister
Air Pollution Act, 1987
Building Control Act, 1990
Control of Dogs Acts, 1986 and 1992
Derelict Sites Act, 1990
Dublin Docklands Development Authority Act, 1997
Dublin Transport Authority (Dissolution) Act, 1987
Electoral Acts, 1992 to 1999
Environmental Protection Agency Act, 1992
Fire Services Act, 1981
Housing Acts, 1966 to 1998
Housing (Private Rented Dwellings) Acts, 1982 and 1983
Litter Pollution Act, 1997
Local Authorities (Miscellaneous Provisions) Act, 1936
Local Authorities (Mutual Assurance) Acts, 1926 to 1935
Local Authorities (Officers and Employees) Acts, 1926 to 1983
Local Authorities (Traffic Wardens) Acts, 1975 and 1987
Local Authorities (Works) Act, 1949
Local Elections Acts, 1974 to 2001
Local Government Acts, 1925 to 2001
Local Government (Collection of Rates) Act, 1924
Local Government (Multi-Storey Buildings) Act, 1988
Local Government (Planning and Development) Acts, 1963 to 1999
Local Government (Rates) Act, 1970
Local Government (Sanitary Services) Acts, 1878 to 2001
Local Government (Superannuation) Act, 1980
Local Government (Water Pollution) Acts, 1977 and 1990
Planning and Development Acts, 2000 and 2001
Presidential Elections Act, 1993
Roads Acts, 1993 to 2001
Road Traffic Acts, 1961 to 1995
Seanad Electoral (Panel Members) Acts, 1947 and 1954
Town Renewal Act, 2000
Urban Renewal Act, 1986
Urban Renewal Act, 1998
Waste Management Act, 1996
Water Supplies Act, 1942
PART 2 Responsibility primarily with a Minister of the Government other than the Minister
PART 2
Responsibility primarily with a Minister of the Government other than the Minister
Abattoirs Act, 1988
Air-raid Precautions Acts, 1939 and 1946
Arterial Drainage Acts, 1945 and 1995
Arts Acts, 1951 and 1973
Canals Act, 1986
Casual Trading Act, 1995
Coast Protection Act, 1963
Control of Horses Act, 1996
Coroners Act, 1962
Dangerous Substances Acts, 1972 and 1979
Finance (Excise Duties) (Vehicles) Act, 1952
Food Safety Authority of Ireland Act, 1998
Foreshore Acts, 1933 to 1998
Gaming and Lotteries Act, 1956
Harbours Act, 1996
Harbours Acts, 1946 to 1976
Health Acts, 1947 to 2001
Health (Fluoridation of Water Supplies) Act, 1960
Industrial Development Act, 1986
Local Authorities (Higher Education Grants) Acts, 1968 to 1992
Malicious Injuries Acts, 1981 and 1986
National Monuments Acts, 1930 to 1994
Pounds (Provision and Maintenance) Act, 1935
Safety, Health and Welfare at Work Act, 1989
School Attendance Acts, 1926 to 1967
Social Welfare (Consolidation) Act, 1981
Údarás na Gaeltachta Acts, 1979 to 1999
Universities Act, 1997
Valuation Acts
Vocational Education Acts, 1930 to 1999
SCHEDULE 13
Section 67.
Amenities, Recreation and Other Functions
1
1
2
2
Artistic, linguistic and cultural activities
Artistic, linguistic and cultural activities
The provision of art galleries, arts centres, concert halls, museums, theatres, opera houses and the holding of artistic, linguistic and cultural performances and events and promotional activities.
The provision of art galleries, arts centres, concert halls, museums, theatres, opera houses and the holding of artistic, linguistic and cultural performances and events and promotional activities.
Sports, games and similar activities
Sports, games and similar 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.
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
General recreational and leisure activities
The provision of parks, gardens, open spaces, playgrounds, play equipment, animals, picnic sites, viewing points, footpaths, walks, boats, piers, other landing places and marinas.
The provision of parks, gardens, open spaces, playgrounds, play equipment, animals, picnic sites, viewing points, footpaths, walks, boats, piers, other landing places and marinas.
Civic improvements
Civic improvements
The provision of street furniture, paving, clocks, statues, monuments and other features, illumination and decoration and other measures designed to upgrade the local environment.
The provision of street furniture, paving, clocks, statues, monuments and other features, illumination and decoration and other measures designed to upgrade the local environment.
General environmental and heritage protection and improvement
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 sites and features of artistic, amenity, architectural, archaeological, historic, heritage or natural interest.
Landscaping, the planting of trees and other flora, measures for the conservation, preservation and protection of landscapes and habitats, of buildings and other sites and features of artistic, amenity, architectural, archaeological, historic, heritage or natural interest.
The public use of amenities (both natural and made or altered by human intervention)
The public use of amenities (both natural and made or altered by human intervention)
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.
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.
Allotments, fairs and markets
Allotments, fairs and markets
The provision of land, buildings, services, related amenities and facilities and promotional activity.
The provision of land, buildings, services, related amenities and facilities and promotional activity.
Promotion of public safety
Promotion of public safety
Support of safety programmes and events and local safety support services (including fire safety, road safety, water safety and rescue and mountain and cave safety and rescue); and provision of safety equipment.
Support of safety programmes and events and local safety support services (including fire safety, road safety, water safety and rescue and mountain and cave safety and rescue); and provision of safety equipment.
SCHEDULE 14
Section 131.
Certain Reserved Functions
1. The procedure at any meeting of a local authority or joint body.
2. The appointment, whether by way of nomination or election, of a person to be a member of a public authority.
3. The election of a Cathaoirleach or a Leas-Chathaoirleach of a local authority by that authority in accordance with Part 5 or of a chairperson of a joint body.
4. The determination of an annual rate on valuation.
5. The making, amending or revoking of a bye-law by a local authority under any other enactment where the provisions governing such making, amendment or revocation do not provide that it is a reserved function.
6. The making or revoking of an order or the passing or rescinding of a resolution by virtue of which an enactment is brought into operation in or is made to apply to the functional area or a part of such area of a local authority.
7. The application to be made to any Minister in respect of the making or revoking of any such order as is mentioned in paragraph 6.
8. The demanding (however expressed) under any enactment including this Act of the whole or a part of the expenses of a local authority or of a joint body from any other local authority.
SCHEDULE 15
Section 151.
Functions to be done by Manager's Order
1. A decision on an application under any enactment for the grant of a permission, approval, permit, consent, certificate, licence or other form of statutory authorisation.
2. A statutory notice served under the provisions of any enactment requiring compliance with such enactment.
3. A decision to take legal proceedings.
4. The acquisition or disposal of land or an agreement regarding the use of land.
5. The letting of a dwelling.
6. The acceptance of a tender.
7. The award of grants, loans or other financial assistance.
8. The appointment of staff.