S.I. No. 507/2002 - Local Government Act, 2001 (Commencement) (No. 5) Order, 2002

1. This Order may be cited as the Local Government Act, 2001 (Commencement) (No. 5 Order, 2002.

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

Local Government Act, 2001

(No. 37 of 2001).

3. On 14 November, 2002 Parts 12 (insofar as it has not already been commenced) and 21 of the Act of 2001 shall come into operation.

4. On 14 November, 2002 paragraph 5 of Schedule 10 to the Act of 2001 shall come into operation.

5. On 14 November, 2002 section 5(1) of and Part 1 of Schedule 3 to the Act of 2001 shall come into operation to the extent specified in Part I of the Schedule to this Order.

6. On 14 November, 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.

7. On 14 November, 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 Local Government (Ireland) Act, 1898 in the manner stated in column 3 of Schedule 4 to the Act of 2001,

(b) the amendments to the

Local Government (Financial Provisions) Act, 1978

in the manner stated in column 3 of Schedule 4 to the Act of 2001,

(c) the amendment to the

Local Government (Financial Provisions) Act, 1997

in the manner stated in column 3 of Schedule 4 to the Act of 2001.

8. On 14 November, 2002 section 231 of the Act of 2001 shall come into operation.

9. On 1 January, 2003 section 135 of the Act of 2001 shall come into operation.

10. On 1 January, 2004 section 1(4) of the Act of 2001 shall come into operation.

SCHEDULE

PART 1

Acts Repealed

Session and Chapter or Number and Year

Short Title

Extent of Repeal

1

2

3

17 & 18 Vict. c. 103

Towns Improvement (Ireland) Act, 1854

Section 59.

30 & 31 Vict. c. 46

County Treasurers (Ireland) Act, 1867

The whole Act.

34 & 35 Vict. c. 109

Local Government (Ireland) Act, 1871

Section 18.

35 & 36 Vict. c. 69

Local Government Board (Ireland) Act, 1872

Section 12.

61 & 62 Vict. c. 37

Local Government (Ireland) Act, 1898

Section 83(12).

2 Edw. 7. c. 38

Local Government (Ireland) Act, 1902

Sections 21 and 22.

No. 5 of 1925

Local Government Act 1925

Section 86.

No. 1 of 1929

Cork City Management Act, 1929

The whole Act insofar as it is not already repealed.

No. 27 of 1930

Local Government (Dublin) Act, 1930

Sections 54(2), 61, 62 and 95.

No. 35 of 1934

Limerick City Management Act, 1934

Sections 16(2), 23 and 24.

No. 55 of 1936

Local Authorities (Miscellaneous Provisions) Act, 1936

Sections 2 and 3.

No. 3 (Private) 1937

Local Government (Galway) Act, 1937

The whole Act insofar as it is not already repealed.

No. 36 of 1937

Local Government (Nomination of Presidential Candidates) Act, 1937

The whole Act.

No. 25 of 1939

Waterford City Management Act, 1939

Sections 15(2), 22 and 23.

No. 12 of 1940

County Management Act, 1940

The whole Act insofar as it is not already repealed.

No. 5 of 1941

Cork City Management (Amendment) Act, 1941

Sections 14 and 15.

No. 23 of 1941

Local Government Act, 1941

Part IV and sections 68, 69 and 77.

No. 24 of 1946

Local Government Act, 1946

Sections 7 to 9, 15 to 17, 22, 26 and 27, 34, 64 and 65, 80 and 81.

No. 9 of 1955

Local Government Act, 1955

Sections 48 and 61.

No. 12 of 1955

City and County Management (Amendment) Act, 1955

The whole Act insofar as it is not already repealed.

No. 40 of 1960

Local Government (No. 2) Act, 1960

Part II.

No. 35 of 1978

Local Government (Financial Provisions) Act, 1978

Sections 11, 12 and 14.

No. 8 of 1994

Local Government Act, 1994

Section 44.

No. 29 of 1997

Local Government (Financial Provisions) Act, 1997

Sections 8, 13 and 16.

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

The whole Order insofar as it is not already revoked.

1899 No. 44

Local Government (Adaptation of Irish Enactments) Order, 1899

Article 43.

GIVEN under the Official Seal of the Minister for the Environment and Local Government this 11

th

day of November, 2002.

Martin Cullen

___________________________

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 Parts 12 and 21 of the

Local Government Act, 2001

relating to financial procedures and audit and consequential provisions on failure to perform functions and certain other associated provisions.

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:-