S.I. No. 588/2001 - Local Government Act, 2001 (Commencement) (No. 3) Order, 2001

1. This Order may be cited as the Local Government Act, 2001 (Commencement) (No. 3) Order, 2001.

2. In this Order, “the Act of 2001” means the

Local Government Act, 2001

(No. 37 of 2001).

3. On 1 January, 2002, subsections (2), (3) and (5) of section 1 of the Act of 2001, shall come into operation.

4. On 1 January, 2002, section 5(1) of and Part I of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part 1 of the Schedule to this Order.

5. On 1 January, 2002, section 5(2) of and Part 2 of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part 2 of the Schedule to this Order.

6. On 1 January, 2002, section 5(3) of and Schedule 4 to the Act of 2001, shall come into operation for the purpose of

(a) the amendment to the

Housing (Traveller Accommodation) Act, 1998

(No. 33 of 1998) in the manner stated in column 3 of Schedule 4 to the Act of 2001, and

(b) the amendments to the

Planning and Development Act, 2000

(No. 30 of 2000) in the manner stated in column 3 of Schedule 4 to the Act of 2001.

7. On 1 January, 2002, Part 3, other than sections 13(1)(i), 14, 19 and 22; Part 4, other than section 23; Part 5, other than Chapter 3; Part 9, other than Chapter 5; Part 10; sections 112 and 113(1); Part 13; Part 14, other than section 135; Part 16; section 197; Part 22, other than sections 223, 230 and 231; Part 24 insofar as not already commenced, of the Act of 2001, shall come into operation.

8. Section 13(1)(i) of the Act of 2001 shall come into operation and have effect for the purposes of the local elections in the year 2004 and from then on. Section 14 of the Act of 2001 shall come into operation and have effect on and from the ordinary day of retirement of members next after the enactment of the Act of 2001.

9. On 1 January, 2002, Schedules 1, 2, 5, 6, 7, 8, 12, 13, 14 and 15 to the Act of 2001, shall come into operation.

SCHEDULE

Part I

Acts Repealed

Session and Chapter or Number and Year

Short Title

Extent of Repeal

1

2

3

6 & 7 Will. 4 c. 116

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).

3 & 4 Vict. c. 108

Municipal Corporations (Ireland) Act, 1840

The whole Act other than sections 10, 92 and 102.

3 & 4 Vict. c. 109

Counties and Boroughs (Ireland) Act, 1840

The whole Act.

6 & 7 Vict. c. 93

Municipal Corporations (Ireland) Act, 1843

The whole Act.

7 & 8 Vict. c. 106

County Dublin Grand Jury Act, 1844

Sections 40 and 110.

10 & 11 Vict. c. 16

Commissioners Clauses Act, 1847

Sections 53, 56 to 59.

10 & 11 Vict. c. 34

Towns Improvement Clauses Act, 1847

The whole Act.

16 & 17 Vict. c. 136

Grand Jury (Ireland) Act, 1853

Section 9.

17 & 18 Vict. c. 103

Towns Improvement (Ireland) Act, 1854

Section 38, 39, 41, 55, 58, 69, 72, 74 to 76 and 89.

23 & 24 Vict. c. 16

Municipal Corporations Mortgages etc. Act, 1860

The whole Act.

34 & 35 Vict. c. 109

Local Government (Ireland) Act, 1871

Section 25.

41 & 42 Vict. c. 52

Public Health (Ireland) Act, 1878

Sections 7, 200, 201 and 277.

45 & 46 Vict. c. 50

Municipal Corporations Act, 1882

The whole Act.

47 & 48 Vict. c. 70

Municipal Elections (Corrupt and Illegal Practices) Act, 1884

The whole Act.

53 & 54 Vict. c. 59

Public Health Acts Amendment Act, 1890

Section 38.

61 & 62 Vict. c. 37

Local Government (Ireland) Act, 1898

Sections 1, 4, 6(b), 10, 11, 12, 14, 18, 21, 22, 27, 31, 33, 35, 40, 41, 48 to 50, 58, 59, 68, 72, 78, 81, 82, 84, 86, 100 and 108 and the Second and Third Schedules.

63 & 64 Vict. c. 63

Local Government (Ireland) Act, 1900

Section 9.

2 Edw. 7. c. 38

Local Government (Ireland) Act, 1902

Sections 6 and 8.

9 Edw. 7. c. 47

Development and Road Improvement Funds Act, 1909

The whole Act.

No. 13 of 1924

Local Government (Temporary Provisions) (Amendment) Act, 1924

The whole Act.

No. 5 of 1925

Local Government Act, 1925

Sections 2, 3, 5, 6, 16, 70, 73, 74, 81 and the First Schedule.

No. 1 of 1929

Cork City Management Act, 1929

The whole Act other than sections 1, 7, 11(2), 16 and 23.

No. 27 of 1930

Local Government (Dublin) Act, 1930

Sections 7, 17 to 19, 30, 38 to 41, 45, 51, 53, 54(1), 55 to 57, 59, 60, 67, 80 and 103 and the First Schedule.

No. 35 of 1934

Limerick City Management Act, 1934

Sections 2 to 4, 5(1) and (2), 11 to 14, 16(1), 17 to 19, 21, 22, 31 to 34, 39, 40 and the First Schedule.

No. 55 of 1936

Local Authorities (Miscellaneous Provisions) Act, 1936

Section 6.

No. 3 (Private) 1937

Local Government (Galway) Act, 1937

The whole Act other than sections 1, 2, 9, 15, 33 and 39.

No. 25 of 1939

Waterford City Management Act, 1939

Sections 2, 3, 4(1) and (2), 10 to 13, 15(1), 16 to 18, 20, 21, 30 to 32 and 37 to 39.

No. 12 of 1940

County Management Act, 1940

The whole Act other than sections 1, 2, 18, 21, 39 and 41.

No. 5 of 1941

Cork City Management (Amendment) Act, 1941

Sections 7, 8, 10 to 12, 22, 23 and 26.

No. 15 of 1941

Local Officers and Servants (Dublin) Act, 1941

The whole Act.

No. 23 of 1941

Local Government Act, 1941

Part II (insofar as it is not already repealed), Part III (insofar as it is not already repealed and other than section 41), section 67, Part VIII (insofar as it is not already repealed) and sections 76, 78, and 90.

No. 13 of 1942

County Management (Amendment) Act, 1942

The whole Act.

No. 8 of 1945

Local Government (Dublin) Act, 1945

The whole Act.

No. 30 of 1945

Local Authorities (Acceptance of Gifts) Act, 1945

The whole Act.

No. 24 of 1946

Local Government Act, 1946

Section 25, Part III (insofar as it is not already repealed) and Part IV and sections 70, 71, 73, 82, 83, 95 and 98.

No. 24 of 1950

Limerick City Management Act, 1950

The whole Act.

No. 9 of 1955

Local Government Act, 1955

Chapter 1 of Part II other than sections 21 and 24(2), sections 31 to 33, 40, 41, 51, 54, 58, 59, 65 and Part 1 of the Second Schedule.

No. 12 of 1955

City and County Management (Amendment) Act, 1955

Sections 2, 3, section 4 (except insofar as it relates to a planning function within the meaning of

section 44

of the

Local Government Act, 1991

), sections 5, 6, 12, 13, 15 to 17, 19 and 20.

No. 9 of 1958

Local Government Act, 1958

The whole Act.

No. 10 of 1959

Local Government Act, 1959

The whole Act.

No. 40 of 1960

Local Government (No. 2) Act, 1960

Sections 11 and 12.

No. 3 of 1962

Road Fund (Grants) (Temporary Provisions) Act, 1962

The whole Act.

No. 8 of 1965

Cork City Management (Amendment) Act, 1965

The whole Act.

No. 21 of 1966

Housing Act, 1966

Sections 85, 87 and 88.

No. 6 of 1968

Local Government (Roads and Drainage) Act, 1968

The whole Act.

No. 32 of 1972

County Management (Amendment) Act, 1972

The whole Act.

No. 35 of 1978

Local Government (Financial Provisions) Act, 1978

Section 13.

No. 21 of 1983

Local Government (Financial Provisions) (No. 2) Act, 1983

Section 9.

No. 7 of 1985

Local Government (Reorganisation) Act, 1985

Sections 5 to 7, Part III (insofar as it is not already repealed and other than section 9) and sections 19 to 23, and the First, Second, Third, and Fourth Schedules.

No. 3 of 1986

Canals Act, 1986

Section 15.

No. 28 of 1988

Housing Act, 1988

Section 27.

No. 11 of 1991

Local Government Act, 1991

Parts II to IV and sections 41, 42 and 46 to 50, 53 and 54(a).

No. 31 of 1993

Local Government (Dublin) Act, 1993

Part II and sections 39 and 40.

No. 8 of 1994

Local Government Act, 1994

Part II other than section 11, Part III other than section 24, Part IV, Part VI and section 46 and Parts IX and X, sections 61 and 64 to 66 and the Third, Fourth and Fifth Schedules.

No. 16 of 1998

Local Government Act, 1998

Sections 9 and 10.

No. 25 of 2000

Local Government Act, 2000

The whole Act.

Part 2

Orders Revoked

Year and Number

Short Title

Extent of Revocation

1

2

3

1898 No. 1120

Local Government (Application of Enactments) Order, 1898

Articles 8, 11, 12, 13, 15, 16, 24, 30, 33, 41, 43 to 46 of the Schedule to the Order.

1899 No. 44

Local Government (Adaptation of Irish Enactments) Order, 1899

Articles 4 to 7, 13, 15 to 17, 19 to 36, 42, 44 and 45.

GIVEN under the Official Seal of the Minister for the Environment and Local Government this 18

th

day of December, 2001.

Noel Dempsey

_________________________

Minister for the Environment and Local Government

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Order brings into operation specified provisions of the

Local Government Act, 2001

(No. 37 of 2001) including repeals with effect from 1 January, 2002.

The Minister for the Environment and Local Government in exercise of the powers conferred on him by

section 7

of the

Local Government Act, 2001

(No. 37 of 2001) hereby orders as follows:-