Local Government Reform Act 2014 (2014_act_1) | IE

ISB Act 2014-01-27

Schedule 1 Local Government Reform Act 2014 Open official source

SCHEDULE 1 Miscellaneous and Consequential Amendments to Local Government Acts 1925 to 2013

SCHEDULE 1

Miscellaneous and Consequential Amendments to Local Government Acts 1925 to 2013

Section 5(1)

PART 1 Miscellaneous and Consequential Amendments to the Local Government Act 2001

PART 1

Miscellaneous and Consequential Amendments to the Local Government Act 2001

Reference No. (1)

Reference No.

(1)

Provision (2)

Provision

(2)

Amendment (3)

Amendment

(3)

1

Section 2(1)

Before definition of “Act of 2000”

Insert: “ ‘2014 establishment day’ means the day appointed by order under section 8 of the Local Government Reform Act 2014 to be the establishment day for the purposes of that Act;”.

Insert

“ ‘2014 establishment day’ means the day appointed by order under section 8 of the Local Government Reform Act 2014 to be the establishment day for the purposes of that Act;”.

2

Definition of “administrative area”

Substitute: “ ‘administrative area’ means an area standing established under section 10 for the purposes of local government and which is—

Substitute

“ ‘administrative area’ means an area standing established under section 10 for the purposes of local government and which is—

(a) a county in the case of a county council,

(b) a city in the case of a city council,

(c) a city and county in the case of a city and county council;”.

3

After definition of “Cathaoirleach”

Insert: “ ‘chief executive’ means a chief executive for the purposes of section 144;”.

Insert

“ ‘chief executive’ means a chief executive for the purposes of section 144;”.

4

Definition of “city council”

Substitute: “ ‘city council’ means a local authority to which section 11(2) (b) relates;”.

Substitute

“ ‘city council’ means a local authority to which section 11(2) (b) relates;”.

5

After definition of “city council”

Insert: “ ‘city and county council’ means a local authority to which section 11(2) (c) relates;”.

Insert

“ ‘city and county council’ means a local authority to which section 11(2) (c) relates;”.

6

Definition of “city development board”

Delete.

7

Definition of “county council”

Substitute: “ ‘county council’ means a local authority to which section 11(2) (a) relates;”.

Substitute

“ ‘county council’ means a local authority to which section 11(2) (a) relates;”.

8

Definition of “county development board”

Delete.

9

Definition of “joint body”

Delete: “(a) a joint library committee,”. Delete: “(d) a joint burial board,”.

Delete

“(a) a joint library committee,”.

Delete

“(d) a joint burial board,”.

10

Definition of “Local Government Commission”

Delete.

11

Definition of “local authority”

Substitute: “ ‘local authority’ means—

Substitute

“ ‘local authority’ means—

(a) in relation to a municipal district, the county council or the city and county council in which the municipal district is situated, and

(b) in every other case—

(i) a county council,

(ii) a city council,

(iii) a city and county council;”.

12

After definition of “local consultative committee”

Insert: “ ‘local economic and community plan’ means a plan to which sections 66A to 66H relate;”.

Insert

“ ‘local economic and community plan’ means a plan to which sections 66A to 66H relate;”.

13

Definition of “manager”

Delete.

14

After definition of “Minister”

Insert: “ ‘municipal district’ shall be read in accordance with section 22A;

Insert

“ ‘municipal district’ shall be read in accordance with section 22A;

‘municipal district members’ shall be read in accordance with section 22B;”.

15

Definition of “rating authority”

Substitute: “ ‘rating authority’ means—

Substitute

“ ‘rating authority’ means—

(a) a county council,

(b) a city council, or

(c) a city and county council;”.

16

Definition of “reserved function”

Substitute: “ ‘reserved function’ shall be read in accordance with sections 131 and 131A;”.

Substitute

“ ‘reserved function’ shall be read in accordance with sections 131 and 131A;”.

17

After definition of “structure”

Insert: “ ‘transfer date’ has the meaning given in section 23 of the Local Government Reform Act 2014. ”.

Insert

“ ‘transfer date’ has the meaning given in section 23 of the Local Government Reform Act 2014. ”.

18

Interpretation given to “town council”

Delete.

19

Section 11 Subsection (8)

Section 11

Subsection (8)

Substitute “chief executive” for “manager”.

20

Subsection (14)

Substitute “chief executive’s order” for “manager’s order”.

21

Section 14

Substitute

“14. A person shall not hold membership simultaneously of more than one local authority.”.

22

Section 15

Insert after subsection (1)

“(1A) Subsection (1) applies to a member of a local authority in performing functions as a municipal district member in the same manner as it applies to a member of a local authority in performing functions as a member of a local authority or a member of the council of a local authority.”.

23

Section 18(5)

Substitute

“(5) In relation to a local authority, attendance as a member at a meeting of—

(a) any committee or joint committee or joint body of the authority, or

(b) the municipal district members,

shall be deemed for the purposes of subsection (4) to be attendance at a meeting of the authority.”.

24

Section 20(1)

Substitute

“(1) The acts, decisions and proceedings of a local authority or of the municipal district members shall not be invalidated only because of a vacancy or vacancies in its membership or of the disqualification or want of qualification of any of its members.”.

25

Section 22

Subsection (1)

Substitute for paragraph (a): “(a) A county council, a city council or a city and county council may by resolution adopt a proposal (in this section referred to as a ‘proposal’) for the alteration of the number of members of that council.”.

Substitute for paragraph (a)

“(a) A county council, a city council or a city and county council may by resolution adopt a proposal (in this section referred to as a ‘proposal’) for the alteration of the number of members of that council.”.

26

Subsection (2)

Delete “county council or city council” and substitute “county council, city council or city and county council”.

27

Subsection (3)

Substitute

“(3) Before deciding whether to make an order under subsection (2), the Minister shall request a committee in accordance with section 32 of the Local Government Act 1991 to prepare a report with respect to the application and Part V of that Act applies to such a request and report.”.

28

Subsection (5)

Delete.

29

Subsection (6)

Substitute

“(6) An application under this section shall not be made to the Minister within 5 years of—

(a) the commencement of section 15 of the Local Government Reform Act 2014 (which inserts a new Schedule 7 to this Act), or

(b) the decision by the Minister on any previous application by the local authority concerned,

whichever is the later.”.

30

Section 25

Subsection (1)

Substitute for paragraph (c)

“(c) at an election of the members of more than one local authority held at the same local elections, or”.

31

Subsection (1)

Delete paragraph (e).

32

Subsection (2)

Delete.

33

Section 27(2)

Substitute for paragraph (r)

“(r) election of the same person in more than one local electoral area or to more than one local authority;”.

34

Section 28

Subsection (1)

Substitute

“(1) In this section the ‘chief executive’ means—

(a) in relation to any part of a polling district situated in a city, the chief executive for the city,

(b) in relation to any part of a polling district situated in a county, the chief executive for the county,

(c) in relation to any part of a polling district situated in a city and county, the chief executive for the city and county.”.

35

Subsection (2)

Substitute for paragraph (a)

“(a) the alteration of the boundary of a local authority, or”.

36

Subsection (2)

Substitute for paragraph (b) (i)

“(i) dividing a county, city or city and county into local electoral areas, or”.

37

Subsection (3)

Substitute “chief executive” for “manager”.

38

Subsection (5)

Substitute “chief executive” for “manager”.

39

Subsection (6)

Substitute “chief executive” for “manager”.

40

Subsection (4)

Substitute “county, city or city and county” for “county or city”.

41

Section 30

Delete.

42

Section 31 Subsection (1)

Section 31

Subsection (1)

Insert “and the municipal district members” after “each local authority”.

43

Subsection (2)

Substitute for subsection (2)

“(2) The holders of the offices of Cathaoirleach and Leas-Chathaoirleach shall as appropriate be styled—

(a) in the case of a county council, in the Irish language ‘Cathaoirleach Chontae.......’ and ‘Leas-Chathaoirleach Chontae.......’ followed by the name of the county in Irish, and in the English language ‘Cathaoirleach of the County of.......’ and ‘Leas-Chathaoirleach of the County of.......’ followed by the name of the county in English,

(b) in the case of a city council, in the Irish language ‘Cathaoirleach Chathair.......’ and ‘Leas-Chathaoirleach Chathair.......’ followed by the name of the city in Irish, and in the English language ‘Cathaoirleach of the City of.......’ and ‘Leas-Chathaoirleach of the City of.......’ followed by the name of the city in English,

(c) in the case of a city and county council, in the Irish language ‘Cathaoirleach Chathair agus Chontae.......’ and ‘Leas-Chathaoirleach Chathair agus Chontae.......’ followed by the name of the city and county in Irish, and in the English language ‘Cathaoirleach of the City and County of.......’ and ‘Leas-Chathaoirleach of the City and County of.......’ followed by the name of the city and county in English,

(d) in the case of a municipal district whose area contains the area of a city council dissolved by the Local Government Reform Act 2014, in the Irish language ‘Cathaoirleach Cheantar Cathrach.......’ and ‘Leas-Chathaoirleach Cheantar Cathrach.......’ followed by the name of the municipal district in Irish, and in the English language ‘Cathaoirleach of the Metropolitan District of.......’ and ‘Leas-Chathaoirleach of the Metropolitan District of.......’ followed by the name of the municipal district in English,

(e) in the case of a municipal district whose area contains the area of a borough council in being (other than in respect of the borough of Kilkenny) immediately before the transfer date as provided for by the Local Government Reform Act 2014, in the Irish language ‘Cathaoirleach Cheantar Buirge.......’ and ‘Leas-Chathaoirleach Cheantar Buirge.......’ followed by the name of the municipal district in Irish, and in the English language ‘Cathaoirleach of the Borough District of.......’ and ‘Leas-Chathaoirleach of the Borough District of.......’ followed by the name of the municipal district in English,

(f) in the case of a municipal district whose area contains the area of the borough of Kilkenny in being immediately before the transfer date as provided for by the Local Government Reform Act 2014, in the Irish language ‘Cathaoirleach Cheantar Bardasach Chathair Chill Chainnigh’ and ‘Leas-Chathaoirleach Cheantar Bardasach Chathair Chill Chainnigh’ and in the English language ‘Cathaoirleach of the Municipal District of Kilkenny City’ and ‘Leas-Chathaoirleach of the Municipal District of Kilkenny City’,

(g) in the case of a municipal district to which paragraph (d), (e) or (f) does not apply, in the Irish language ‘Cathaoirleach Cheantar Bardasach.......’ and ‘Leas-Chathaoirleach Cheantar Bardasach.......’ followed by the name of the municipal district in Irish, and in the English language ‘Cathaoirleach of the Municipal District of.......’ and ‘Leas-Chathaoirleach of the Municipal District of.......’ followed by the name of the municipal district in English.

44

Subsections (4) to (7)

Substitute

“(4) (a) The Cathaoirleach of a local authority shall take precedence at all meetings of the local authority.

(b) The Cathaoirleach of a municipal district shall take precedence at all meetings and proceedings of the municipal district members.

(5) Anything authorised or required by this Act or otherwise by law to be done by, to or with the Cathaoirleach may where necessary be done by, to or with the Leas-Chathaoirleach of the local authority or the Leas-Chathaoirleach of the municipal district, as the case may be.

(6) The Cathaoirleach may, where the Leas-Chathaoirleach is unavailable, nominate from among the other members of the local authority or the municipal district members, as the case may be, a member for the purpose of representing the Cathaoirleach at any ceremony or event in that capacity and that member shall be entitled to act in that capacity for such purpose.

(7) Where a casual vacancy occurs in the office of Cathaoirleach of a local authority or of a municipal district, as the case may be, the Leas-Chathaoirleach shall assume the responsibilities of the office pending the election in accordance with this Part of a Cathaoirleach.”.

45

Section 33(1)

Substitute

“(1) The Cathaoirleach or Leas-Chathaoirleach may resign from that office by notice in writing signed by him or her and delivered to the principal offices of the local authority which, in the case of a municipal district, is the principal offices of the local authority concerned.”.

46

Section 46

Substitute “chief executive” for “manager”.

47

Section 48 Subsection (1)

Section 48

Subsection (1)

Delete “being a county council or city council”.

48

Section 49

Delete.

49

Section 52 Subsection (5)

Section 52

Subsection (5)

Substitute in paragraph (d) “chief executive” for “manager”.

50

Subsection (9)

Substitute “chief executive” for “manager”.

51

Part 8 (sections 55 to 62)

Delete.

52

Section 66

Insert after subsection (10)

“(11) A decision of a local authority to make a charge under subsection (10) is a reserved function.

(12) The performance by a local authority of functions under this section is subject to the performance by a Local Community Development Committee of so much of those functions as are deemed to have been delegated to the Committee by virtue of section 128B(2).”.

53

Section 68(4)

Substitute in paragraph (b) (ii) “chief executive” for “manager”.

54

Section 70

Delete.

55

Section 71

Substitute

“ Objective of unified service to the public

71. Without prejudice to section 69, the elected members of a local authority, in the performance of functions in respect of the authority as a whole and in respect of municipal districts situated in the county or city and county concerned, shall take such steps as may be practicable to maximise effectiveness and efficiency in all aspects of the operations and services of the local authority, including customer service to the public generally.”.

56

Section 73

Substitute

“ Saver (functional area)

73. Subject to section 72 and Chapter 5 of this Part and to Parts 2 and 3 of the Local Government Reform Act 2014, nothing in this Act affects the definition in any other enactment (however expressed or implied) of the functional area of a local authority for the purposes of a function conferred by that enactment.”.

57

Section 77

Substitute

“ Library authorities

77. Each of the following is a library authority

(a) a county council;

(b) a city council;

(c) a city and county council;

and references to ‘library authority’ shall be read accordingly.”.

58

Section 81(1)

Substitute

Definition of “functional area”

“ ‘functional area’ means— (a) a county, or (b) so much of the area of the city and county that does not comprise of the area of a dissolved local authority area of a city council;”.

“ ‘functional area’ means—

(a) a county, or

(b) so much of the area of the city and county that does not comprise of the area of a dissolved local authority area of a city council;”.

59

Section 84

Delete.

60

Part 11 (sections 89 to 95)

Delete.

61

Section 99 Subsection (2)

Section 99

Subsection (2)

Substitute “chief executive” for “manager” in both places where it occurs.

62

Subsection (3)

Substitute “chief executive” for “manager” in both places where it occurs.

63

Section 102 Subsection (4)

Section 102

Subsection (4)

Substitute “chief executive” for “manager”.

64

Section 103 Subsection (2)

Section 103

Subsection (2)

Substitute in paragraph (a) “chief executive” for “manager”.

65

Subsection (3)

Substitute “chief executive” for “manager” in each place where it occurs.

66

Subsection (4)

Substitute “chief executive” for “manager”.

67

Subsection (6)

Substitute “14 days” for “21 days”.

68

Section 104 Subsection (3)

Section 104

Subsection (3)

Substitute “chief executive” for “manager”.

69

Subsection (4)

Substitute in paragraph (a) “chief executive” for “manager”.

70

Subsection (6)

Substitute “chief executive” for “manager”.

71

Subsection (7)

Substitute “chief executive” for “manager”.

72

Section 108(3)

Substitute “chief executive” for “manager”.

73

Section 112(1)

Substitute in paragraph (b) “chief executive” for “manager” in both places where it occurs.

74

Section 120(4)

Substitute “chief executive” for “manager” in both places where it occurs.

75

Section 121(1)

Substitute “chief executive” for “manager”.

76

Section 122(7)

Substitute “chief executive” for “manager”.

77

Section 129

Delete.

78

Section 129I Subsection (5)

Section 129I

Subsection (5)

Substitute in paragraph (a) “chief executive” for “manager”.

79

Subsection (5)

Substitute in paragraph (b) “chief executive” for “manager”.

80

Section 133 Subsection (3)

Section 133

Subsection (3)

Substitute “chief executive” for “manager”.

81

Subsection (4)

Substitute in paragraph (a) “chief executive” for “manager”.

82

Subsection (5)

Substitute in paragraph (a) “chief executive” for “manager” in both places where it occurs.

83

Subsection (5)

Substitute in paragraph (b) “chief executive” for “manager”.

84

Subsection (6)

Substitute in paragraph (a) “chief executive” for “manager” in each place where it occurs.

85

Subsection (6)

Substitute in paragraph (e) “chief executive” for “manager”.

Substitute in paragraph (e) “chief executive” for

“manager”.

86

Subsection (7)

Substitute “chief executive” for “manager”.

87

Subsection (9)

Substitute “chief executive” for “manager”.

88

Section 134 Subsection (3)

Section 134

Subsection (3)

Substitute “chief executive” for “manager”.

89

Subsection (4)

Substitute in paragraph (a) “chief executive” for “manager”.

90

Subsection (4)

Substitute in paragraph (b) (ii) “chief executive” for “manager”.

91

Subsection (5)

Substitute in paragraph (b) (ii) “chief executive” for “manager”.

92

Subsection (11)

Substitute in paragraph (a) “chief executive” for “manager”.

93

Section 135(1)

Substitute “chief executive” for “manager”.

94

Section 136

Substitute “chief executive” for “manager” in each place where it occurs.

95

Section 137 Subsection (1)

Section 137

Subsection (1)

Substitute “chief executive” for “manager”.

96

Subsection (2)

Substitute “chief executive” for “manager”.

97

Section 138 Subsection (1)

Section 138

Subsection (1)

Substitute “chief executive” for “manager”.

98

Subsection (2)

Substitute “chief executive” for “manager” in both places where it occurs.

99

Subsection (3)

Substitute “chief executive” for “manager”.

100

Subsection (4)

Substitute “chief executive” for “manager”.

101

Subsection (5)

Substitute “chief executive” for “manager”.

102

Section 139(2)

Substitute “chief executive” for “manager”.

103

Section 140 Subsection (2)

Section 140

Subsection (2)

Substitute “chief executive” for “manager”.

104

Subsection (3)

Substitute “chief executive” for “manager” in both places where it occurs.

105

Subsection (4)

Substitute “chief executive” for “manager”.

106

Subsection (5)

Substitute “chief executive” for “manager”.

107

Subsection (6)

Substitute “chief executive” for “manager”.

108

Subsection (9)

Substitute “chief executive” for “manager”.

109

Section 151 Subsection (1)

Section 151

Subsection (1)

Substitute “chief executive” for “manager” in both places where it occurs.

110

Subsection (2)

Substitute in paragraph (a) “chief executive” for “manager”.

Substitute in paragraph (a) “chief executive” for

“manager”.

111

Subsection (2)

Substitute in paragraph (d) “chief executive” for “manager”.

112

Subsection (3)

Substitute “chief executive” for “manager” in both places where it occurs.

113

Subsection (4)

Substitute “chief executive” for “manager”.

114

Subsection (5)

Substitute “chief executive” for “manager” in both places where it occurs.

115

Subsection (6)

Substitute “chief executive” for “manager” in each place where it occurs.

116

Subsection (7)

Substitute “chief executive” for “manager” in each place where it occurs.

117

Subsection (8)

Substitute “chief executive” for “manager”.

118

Subsection (10)

Substitute “chief executive” for “manager”.

119

Section 152 Subsection (1)

Section 152

Subsection (1)

Substitute “chief executive” for “manager” in both places where it occurs.

120

Subsection (2)

Substitute “chief executive” for “manager” in each place where it occurs.

121

Subsection (3)

Substitute “chief executive” for “manager” in both places where it occurs.

122

After subsection (3)

Insert

“(3A) This section applies to the chief executive of a local authority in respect of meetings of a municipal district of the local authority in the same manner as it applies to meetings of that authority.”.

123

Subsection (4)

Substitute “chief executive” for “manager” in both places where it occurs.

124

Section 153 Subsection (1)

Section 153

Subsection (1)

Substitute “chief executive” for “manager”.

125

Subsection (2)

Substitute “chief executive” for “manager”.

126

Section 154 Subsection (1)

Section 154

Subsection (1)

Substitute “chief executive” for “manager”.

127

Subsection (2)

Substitute “chief executive” for “manager” in each place where it occurs.

128

Subsection (3)

Substitute in paragraph (a) “chief executive” for “manager”.

129

Subsection (3)

Substitute in paragraph (c) “chief executive” for “manager” in both places where it occurs.

130

Subsection (4)

Substitute “chief executive” for “manager” in both places where it occurs.

Substitute “chief executive” for “manager” in both

places where it occurs.

131

Subsection (5)

Substitute “chief executive” for “manager”.

132

Subsection (6)

Substitute “chief executive” for “manager”.

133

Section 159 Subsection (1)

Section 159

Subsection (1)

Substitute “chief executive” for “manager”.

134

Subsection (2)

Substitute “chief executive” for “manager”.

135

Subsection (3)

Substitute in paragraph (a) “chief executive” for “manager”.

136

Section 166 Subsection (1) Definition of “employee”

Section 166

Subsection (1)

Definition of “employee”

Substitute “chief executive” for “manager”.

137

Subsection (2)

Substitute in paragraph (a) “chief executive” for “manager” in both places where it occurs.

138

Section 167 Subsection (1)

Section 167

Subsection (1)

Substitute in paragraph (c) “chief executive” for “manager”.

139

Section 174 Subsection (7)

Section 174

Subsection (7)

Substitute “chief executive” for “manager” in each place where it occurs.

140

Subsection (8)

Substitute in paragraph (b) (ii) “chief executive” for “manager”.

141

Section 176 Subsection (1)

Section 176

Subsection (1)

Substitute “the performance by the local authority concerned, or any municipal district members for that authority, of any functions” for “the performance by the local authority of any of its functions”.

142

Subsection (2)

Substitute “the performance by the local authority, or by municipal district members, of any functions” for “the performance by the authority of any of its functions”.

143

Section 179 Subsection (1)

Section 179

Subsection (1)

Substitute in paragraph (a) “chief executive” for “manager”.

144

Subsection (2)

Substitute in paragraph (b) “chief executive” for “manager” in both places where it occurs.

145

Subsection (2)

Substitute in paragraph (c) “chief executive” for “manager” in both places where it occurs.

146

Subsection (3)

Substitute “chief executive” for “manager”.

147

Section 180 Subsection (3)

Section 180

Subsection (3)

Substitute for paragraph (a) (i): “(i) a chief executive, it shall be furnished to the Cathaoirleach of the local authority concerned,”.

Substitute for paragraph (a) (i)

“(i) a chief executive, it shall be furnished to the Cathaoirleach of the local authority concerned,”.

148

Subsection (3)

Substitute in paragraph (a) (ii) “chief executive” for “manager”.

149

Subsection (3)

Substitute in paragraph (a) (iii) “chief executive” for “manager”.

150

Subsection (3)

Substitute in paragraph (a) (iv) “chief executive” for “manager” in both places where it occurs.

151

Subsection (3)

Substitute in paragraph (a) (v) “chief executive” for “manager”.

152

Subsection (4)

Substitute in paragraph (b) “chief executive” for “manager” in both places where it occurs.

153

Subsection (4)

Substitute in paragraph (c) “chief executive” for “manager”.

154

Part 17 (sections 185 to 187)

Delete.

155

Part 18 (sections 188 to 194, inserted by section 48 of the Environment (Miscellaneous Provisions) Act 2011)

Section 188 (as so inserted) Definition of “functional area”

Section 188 (as so inserted)

Definition of “functional area”

Substitute: “ ‘functional area’ means as respects— (a) a city council, the city, (b) a county council, the county, (c) a city and county council, the city and county;”.

Substitute

“ ‘functional area’ means as respects—

(a) a city council, the city,

(b) a county council, the county,

(c) a city and county council, the city and county;”.

156

Definition of “locality” (as so inserted)

Substitute: “ ‘locality’ means a part (other than a town, townland or street) of a county, city, city and county, or town in respect of which a name (other than the name of the county, city, city and county, or town concerned) is in common use;”.

Substitute

“ ‘locality’ means a part (other than a town, townland or street) of a county, city, city and county, or town in respect of which a name (other than the name of the county, city, city and county, or town concerned) is in common use;”.

157

Definition of “non-municipal town” (as so inserted)

Delete.

158

Interpretation given to “placename” (as so inserted)

Substitute: “ ‘placename’ includes the name of a county, city, city and county, town, village, barony, parish, townland, street or locality, district, region or place, as described in a map produced by Ordnance Survey Ireland;”.

Substitute

“ ‘placename’ includes the name of a county, city, city and county, town, village, barony, parish, townland, street or locality, district, region or place, as described in a map produced by Ordnance Survey Ireland;”.

159

Section 198

Substitute

Subsection (1) Definition of “functional area”

Subsection (1)

Definition of “functional area”

“ ‘functional area’ means as respects— (a) a city council, the city, (b) a county council, the county, (c) a city and county council, the city and county;”.

“ ‘functional area’ means as respects—

(a) a city council, the city,

(b) a county council, the county,

(c) a city and county council, the city and county;”.

160

Section 214(5)

Substitute “chief executive” for “manager” in both places where it occurs.

161

Section 216(1)

Substitute in paragraph (c) “14 days” for “21 days”.

162

Section 221 Subsection (1)

Section 221

Subsection (1)

In paragraph (a) substitute “every local authority” for “, every county council and city council”.

163

Subsection (1)

In paragraph (a) substitute “the local authority concerned” for “the county council or city council, as the case may be,”.

164

Subsection (1)

In paragraph (b) substitute “the local authority concerned” for “the county council or city council concerned”.

165

Subsection (2)

Substitute “local authority” for “county council or city council” in each place where it occurs.

166

Subsection (2)

In paragraph (b) substitute

“(b) such particulars as are required by sections 48, 66, 66G, 49A(7), 75, 76, 126D(9), 134, 134A(6) and 228;”.

167

Subsection (3)

Substitute

“(3) (a) The adoption by a county council or city council of its annual report is a reserved function.

(b) The approval of information to be included in an annual report in relation to the performance of functions by municipal district members is a reserved function.”.

168

Subsection (4)

Substitute “local authority” for “county council or city council” in each place where it occurs.

169

Subsection (5)

Substitute: “(5) An annual report prepared by a county council or a city and county council shall include information in relation to the performance of functions by the municipal district members in respect of each municipal district situated within its county or city and county, as the case may be.”.

Substitute

“(5) An annual report prepared by a county council or a city and county council shall include information in relation to the performance of functions by the municipal district members in respect of each municipal district situated within its county or city and county, as the case may be.”.

170

Section 223 Subsection (1)

Section 223

Subsection (1)

Substitute “local authority” for “county, city or town”.

171

Section 227 Subsection (1A)

Section 227

Subsection (1A)

Insert new subsection: “(1A) In subsection (1) the reference to the maritime boundary of a county or city includes, where the context admits, the maritime boundary of a city and county which is the successor authority (within the meaning of the Local Government Reform Act 2014) to a county and to a city, and references in this section to a county or city shall be read accordingly.”.

Insert new subsection

“(1A) In subsection (1) the reference to the maritime boundary of a county or city includes, where the context admits, the maritime boundary of a city and county which is the successor authority (within the meaning of the Local Government Reform Act 2014) to a county and to a city, and references in this section to a county or city shall be read accordingly.”.

172

Subsection (2)

Delete in paragraph (b) “any town or”.

173

Section 228 Subsection (1)

Section 228

Subsection (1)

Delete.

174

Section 229(3)

Substitute “chief executive” for “manager” in both places where it occurs.

175

Section 230

Delete.

176

Section 231 Subsection (2)

Section 231

Subsection (2)

Substitute the following for paragraph (a): “(a) In this subsection ‘the relevant local authorities’ means the local authorities which are liable to provide funds to the joint drainage committee concerned.”.

Substitute the following for paragraph (a)

“(a) In this subsection ‘the relevant local authorities’ means the local authorities which are liable to provide funds to the joint drainage committee concerned.”.

177

Subsection (3)

Substitute in paragraph (a) “chief executive” for “manager”.

178

Section 234(1)

Substitute “chief executive” for “manager”.

179

Schedule 2

In column 2, opposite the reference to “administrative county” to substitute the following

“County, and where the other enactment concerned so requires, also includes a reference to a city or to a city and county.”.

180

Schedule 6

Delete.

PART 2 Miscellaneous and Consequential Amendments to Local Government Acts 1925 to 2013 (other than to the Local Government Act 2001) and to Certain Pre-1922 Local Government Acts

PART 2

Miscellaneous and Consequential Amendments to Local Government Acts 1925 to 2013 (other than to the Local Government Act 2001) and to Certain Pre-1922 Local Government Acts

Section 5(2)

Regnal Year and Chapter or Number and Year (1)

Regnal Year and Chapter or Number and Year

(1)

Short Title (2)

Short Title

(2)

Provision (3)

Provision

(3)

Amendment or Repeal (4)

Amendment or Repeal

(4)

34 & 35 Vict., c. 109

Local Government (Ireland) Act 1871

Section 12

Section deleted.

61 & 62 Vict., c. 37

Local Government (Ireland) Act 1898

Section 63

Subsection (2) deleted.

2 Edw. 7, c. 38

Local Government (Ireland) Act 1902

Sections 19 and 20

Sections deleted.

No. 35 of 1934

Limerick City Management Act 1934

The whole Act

Repealed in so far as it is not repealed.

No. 25 of 1939

Waterford City Management Act 1939

The whole Act

Repealed in so far as it is not repealed.

No. 23 of 1941

Local Government Act 1941

Sections 70 and 71

Sections deleted.

No. 24 of 1946

Local Government Act 1946

Sections 23, 68 and 94

Sections deleted.

No. 12 of 1955

City and County Management (Amendment) Act 1955

Section 10A

In subsection (2) substitute “14 days” for “twenty-one days”.

No. 2 of 1970

Local Government (Rates) Act 1970

Section 2

In subsection (5) substitute “city council” for “county borough” and delete subsection (7).

No. 42 of 2006

Local Government (Business Improvement Districts) Act 2006

Sections 4 and 5

Sections deleted.

ISB Act 2014-01-27

Schedule 2 Local Government Reform Act 2014 Open official source

SCHEDULE 2 Consequential Amendments to Other Acts

SCHEDULE 2

Consequential Amendments to Other Acts

Section 5(3)

PART 1 Consequential Amendments to Housing Acts 1966 to 2013

PART 1

Consequential Amendments to Housing Acts 1966 to 2013

Number and Year (1)

Number and Year

(1)

Short title (2)

Short title

(2)

Provision (3)

Provision

(3)

Amendment (4)

Amendment

(4)

No. 21 of 1966

Housing Act 1966

Section 2(1) Definition of “chief medical officer”

Section 2(1)

Definition of “chief medical officer”

Delete.

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Definition of “non-municipal town”

Delete.

Definition of “reserved function”

Substitute: “ ‘reserved function’ means a reserved function for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘reserved function’ means a reserved function for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Definition of “rural area”

Delete.

No. 18 of 1992

Housing (Miscellaneous Provisions) Act 1992

Section 1 Definition of “local authority”

Section 1

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Section 6(1)

Delete in paragraph (a) “, including the corporation of a borough, the council of an urban district and the commissioners of a town”.

Section 23

Substitute for subsections (1) and (2)

“(1) A reference in the Housing Acts 1966 to 2014 to a housing authority is a reference to a local authority and references to the functional area of a housing authority shall be construed accordingly;”.

Section 23(3)

Delete in paragraph (a) “or (2) ”.

Section 23(5)

Delete.

No. 33 of 1998

Housing (Traveller Accommodation) Act 1998

Section 2(1)

After interpretation given to “body”

Insert: “ ‘chief executive’ means, as respects a local authority, a chief executive as provided for by Chapter 2 of Part 14 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001.

Insert

“ ‘chief executive’ means, as respects a local authority, a chief executive as provided for by Chapter 2 of Part 14 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001.

Definition of “housing authority”

Delete.

Definition of “manager”

Delete.

Definition of “relevant housing authority”

Delete.

Section 5

Delete.

Section 6(1)

Substitute “housing authority” for “relevant housing authority”.

Section 6(3)

Substitute “housing authority” for “relevant housing authority”.

Section 6(4)

Substitute “housing authority” for “relevant housing authority”.

Section 6(5)

Substitute “housing authority” for “relevant housing authority”.

Section 6(6)

Delete.

Section 7

Substitute “housing authority” for “relevant housing authority” in each place where it occurs.

Section 8

Substitute “a housing authority shall” for “a relevant housing authority shall”.

Substitute in paragraph (a) “housing authority” for “relevant housing authority” in each place where it occurs.

Substitute in paragraph (a) “housing

authority” for “relevant housing authority” in each place where it occurs.

Delete paragraph (b).

Substitute in paragraph (e) “housing authority” for “relevant housing authority”.

Substitute in paragraph (f) “housing authority” for “relevant housing authority”.

Section 9

Substitute “housing authority” for “relevant housing authority” in each place where it occurs.

Section 10

Substitute “housing authority” for “relevant housing authority” in each place where it occurs.

Section 11

Substitute “chief executive” for “manager” and substitute “housing authority” for “relevant housing authority”.

Section 12

Substitute “chief executive” for “manager” where it occurs and substitute “housing authority” for “relevant housing authority” in each place where it occurs.

Section 13

Substitute “housing authority” for “relevant housing authority” in each place where it occurs.

Section 14

Substitute “chief executive” for “manager” in both places where it occurs and substitute “housing authority” for “relevant housing authority”.

Section 15

Substitute “housing authority” for “relevant housing authority” in each place where it occurs.

Section 16(1)

Substitute “housing authority” for “relevant housing authority”.

Section 16

Delete subsections (2) and (3).

Section 17

Substitute “housing authority” for “relevant housing authority” in each place where it occurs.

Section 18(1)

Substitute “housing authorities” for “relevant housing authorities” in each place where it occurs.

Section 18(2)

Substitute “housing authority” for “relevant housing authority” in each place where it occurs.

Substitute “housing authority” for

“relevant housing authority” in each place where it occurs.

Section 21(1)

Substitute “housing authority” for “local authority”.

Section 21(2)

Substitute in paragraph (a) “concerned, and” for “concerned,”.

Section 21(2)

Substitute in paragraph (b) “housing authority” for “local authority” in both places where it occurs and substitute “authority.” for “authority, and”.

Section 21(2)

Delete paragraph (c).

Section 21(7)

Delete.

Section 22(1)

Substitute in paragraph (b) “concerned, and” for “concerned”.

Section 22(1)

Delete in paragraph (c) “and” after “bodies,”.

Section 22(1)

Delete paragraph (d).

Section 22(1)

Substitute “paragraph (a) ” for “paragraphs (a) and (d) ”.

Section 23

Substitute “the housing authority concerned has not adopted an accommodation programme” for “an accommodation programme which includes the functional area of that housing authority has not been adopted”.

Section 24

Substitute “chief executive” for “manager” in both places where it occurs.

No. 22 of 2009

Housing (Miscellaneous Provisions) Act 2009

Section 2(1)

After meaning given to “Chapter 4 tenancy agreement”

Insert: “ ‘chief executive’ means, as respects a local authority, a chief executive as provided for by Chapter 2 of Part 14 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;”.

Insert

“ ‘chief executive’ means, as respects a local authority, a chief executive as provided for by Chapter 2 of Part 14 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;”.

Definition of “housing authority”

Delete.

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Definition of “manager”

Delete.

Definition of “reserved function”

Substitute: “ ‘reserved function’ means a reserved function for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘reserved function’ means a reserved function for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Section 2(2)

Delete.

Section 16(1)

Delete in paragraph (b) “, or is contained in,”.

Section 16(4)

Substitute “chief executive” for “manager”.

Section 16(5)

Substitute “chief executive’s report” for “manager’s report” in both places where it occurs.

Section 17(1)

Substitute “chief executive” for “manager” in each place where it occurs.

Section 18(1)

Substitute “chief executive” for “manager”.

Section 18(3)

Substitute “chief executive” for “manager” and substitute “and the members of the housing authority” for “, the members of the housing authority and the members of any borough council or town council situated in the administrative area of the housing authority”.

Section 19(6)

Delete.

Section 22(12)

Substitute “chief executive” for “manager”.

Section 24(1)

Substitute “chief executive” for “manager”.

Section 31

Delete in subsection (2) (bb) “for the functional area concerned”.

Section 40(1)

Substitute “chief executive” for “manager”.

Substitute “chief executive” for

“manager”.

Section 40(2)

Substitute for paragraph (a)

“(a) shall consult the other members of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, and”.

Section 40(8)

Substitute “chief executive” for “manager”.

Section 53

Substitute “chief executive” for “manager” in each place where it occurs.

Section 56(5)

Substitute “chief executive” for “manager” in both places where it occurs.

Section 64(3)

Substitute “chief executive” for “manager”.

PART 2 Consequential Amendments to Local Elections Acts 1974 to 2012, to Electoral Acts 1992 to 2013 and to Local Elections Regulations 1995

PART 2

Consequential Amendments to Local Elections Acts 1974 to 2012, to Electoral Acts 1992 to 2013 and to Local Elections Regulations 1995

Section 5(4)

Number and Year (1)

Number and Year

(1)

Short title (2)

Short title

(2)

Provision (3)

Provision

(3)

Amendment (4)

Amendment

(4)

No. 8 of 1974

Local Elections (Petitions and Disqualifications) Act 1974

Section 1 Subsection (1) Definition of “clerk”

Section 1

Subsection (1)

Definition of “clerk”

Delete.

Definition of “local authority”

Substitute: “ ‘local authority’ means a county, city or city and county council within the meaning of section 2 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;”.

Substitute

“ ‘local authority’ means a county, city or city and county council within the meaning of section 2 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;”.

Subsection (1)

After definition of “local electoral area” insert

“ ‘meetings administrator’ has the meaning given to it by section 46 of the Local Government Act 2001;”.

Definition of “member”

Substitute: “ ‘member’, in relation to a local authority, includes a Cathaoirleach and a Leas-Chathaoirleach;”.

Substitute

“ ‘member’, in relation to a local authority, includes a Cathaoirleach and a Leas-Chathaoirleach;”.

Definition of “returning officer”

Substitute: “ ‘returning officer’ means a returning officer at a local election;”.

Substitute

“ ‘returning officer’ means a returning officer at a local election;”.

Definition of “secretary”

Delete.

Subsection (3)

Delete.

Section 4(4)

Substitute for paragraph (c)

“(c) to the returning officer for the relevant local election,

(ca) to the relevant local authority, and”.

Section 8(1)

Substitute in paragraph (b) “local electoral area” for “electoral area”.

Section 14(3)

Substitute “the returning officer for the relevant local election, the relevant local authority” for “the secretary or clerk of the relevant local authority”.

Section 15 Subsection (1)

Section 15

Subsection (1)

Delete “the secretary or clerk of”.

Subsection (2)

Delete “the secretary or clerk of”.

Subsection (4)

Substitute “meetings administrator” for “secretary or clerk”.

Subsection (5)

Delete “the secretary or clerk of”.

Section 16

Delete in paragraph (b) “secretary or clerk of the”.

Section 17

Substitute “a local electoral area” for “an electoral area” where it first occurs.

No. 23 of 1992

Electoral Act 1992

Section 29 Subsection (1)

Section 29

Subsection (1)

Substitute

“(1) Where, following a revision of constituencies a polling district existing immediately prior to such revision is not wholly situate within a new Dáil constituency, the chief executive of the local authority (within the meaning of Chapter 2 (inserted by the Local Government Reform Act 2014) of Part 14 of the Local Government Act 2001), after consultation with the returning officer for such Dáil constituency shall—

(a) with respect to the part of the polling district situate in the constituency—

(i) join it or parts of it with any adjoining polling district or districts, or

(ii) constitute it as a polling district and appoint a polling place for it,

and

(b) notify an arrangement made pursuant to this subsection to the Minister.”.

Subsection (2A)

Delete.

Subsection (3)

Delete.

Section 165(1)

Substitute for paragraph (f)

“(f) the poll at a local election;

(g) the poll at a plebiscite within the meaning of Part 11 of the Local Government Reform Act 2014.”.

S.I. No. 297 of 1995

Local Elections Regulations 1995

Article 2(1) Definition of “clerk”

Article 2(1)

Definition of “clerk”

Delete.

Definition of “local authority”

Substitute: “ ‘local authority’ means a county, city or city and county council within the meaning of section 2 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001 ;”.

Substitute

“ ‘local authority’ means a county, city or city and county council within the meaning of section 2 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001 ;”.

Definition of “local election”

Insert: “ ‘meetings administrator’ has the meaning given to it by section 46 of the Local Government Act 2001;”.

Insert

“ ‘meetings administrator’ has the meaning given to it by section 46 of the Local Government Act 2001;”.

Definition of “member”

Substitute: “ ‘member’, in relation to a local authority, includes a Cathaoirleach and a Leas-Chathaoirleach;”.

Substitute

“ ‘member’, in relation to a local authority, includes a Cathaoirleach and a Leas-Chathaoirleach;”.

Definition of “secretary”

Delete.

Article 2(2)

Delete paragraph (a).

Article 4

Substitute

“Returning officer

4. The chief executive of a local authority shall assign to an employee of the local authority the duties of returning officer for the election of members of the local authority.”.

Article 6(3)

Delete.

Article 15(3)

Substitute

“(3) The amount of the deposit shall be €100.”.

Article 55(6)

Delete.

Article 124(1)

Substitute “meetings administrator” for “clerk or secretary”.

Article 125(1)

Substitute “meetings administrator” for “clerk or secretary”.

No. 25 of 1997

Electoral Act 1997

Section 2(1) Definition of “local authority”

Section 2(1)

Definition of “local authority”

Substitute: “ ‘local authority’ means a county, city or city and county council within the meaning of section 2 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;”.

Substitute

“ ‘local authority’ means a county, city or city and county council within the meaning of section 2 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;”.

No. 7 of 1999

Local Elections (Disclosure of Donations and Expenditure) Act 1999

Section 2(1) Definition of “clerk”

Section 2(1)

Definition of “clerk”

Delete.

Definition of “electoral area”

Delete.

Definition of “local authority”

Substitute: “ ‘local authority’ means a county, city or city and county council within the meaning of section 2 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;”.

Substitute

“ ‘local authority’ means a county, city or city and county council within the meaning of section 2 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;”.

Definition of “local authority concerned”

Substitute: “ ‘local authority concerned’ means, subject to section 19H, the local authority to which a candidate seeks or sought election or in whose functional area a local political matter arises;”.

Substitute

“ ‘local authority concerned’ means, subject to section 19H, the local authority to which a candidate seeks or sought election or in whose functional area a local political matter arises;”.

Definition of “local electoral area”

Substitute: “ ‘local electoral area’ means an area by reference to which a local election is held in accordance with section 23 of the Local Government Act 2001;”.

Substitute

“ ‘local electoral area’ means an area by reference to which a local election is held in accordance with section 23 of the Local Government Act 2001;”.

Definition of “secretary”

Delete.

Section 6(4)

Delete in paragraphs (a) and (b) “or an electoral area”.

Section 8(1)

Delete in paragraph (a) “or in an electoral area”.

Section 12A Subsection (1)

Section 12A

Subsection (1)

Substitute for paragraph (a): “(a) Subject to paragraph (c), the aggregate of election expenses which may be incurred by or on behalf of a candidate in connection with his or her candidature at a local election shall not exceed—

Substitute for paragraph (a)

“(a) Subject to paragraph (c), the aggregate of election expenses which may be incurred by or on behalf of a candidate in connection with his or her candidature at a local election shall not exceed—

(i) in the case of a local electoral area with a population in excess of 35,000, €13,000;

(ii) in the case of a local electoral area with a population of between 18,001 and 35,000, €11,500;

(iii) in the case of a local electoral area with a population of 18,000 or less, €9,750.”.

Subsection (1)

Delete paragraph (b).

Subsection (1)

Substitute for paragraph (c)

“(c) (i) Where a political party authenticates the candidature of a candidate at a local election, the party shall incur 10 per cent of the amount of the election expenses which that candidate is entitled to incur at that election, or such alternative percentage of the amount as may be agreed in writing between the candidate and national agent of the political party.

(ii) The election expenses which a political party may incur under subparagraph (i) may relate to expenditure in the local electoral area concerned, or otherwise.

(iii) In the case of a candidate whose candidature is authenticated by a political party at a local election, the national agent of the party may by agreement in writing authorise the designated person of the party to incur such proportion of election expenditure at the election which the candidate is entitled to incur under paragraph (a) as may be agreed in writing between the national agent and the designated person.”.

Subsection (3)

Substitute “within a local electoral area” for “within an electoral area of a county council, city council, borough council or town council”.

Subsection (3)

Substitute “in that local electoral area” for “in that electoral area”.

Section 13(1)

Delete in paragraph (a) (ii) “or electoral area”.

Section 14 Subsection (1)

Section 14

Subsection (1)

Delete “the clerk or secretary of”.

Subsection (2)

Delete “the clerk or secretary of”.

Section 17

Delete “or electoral area”.

Section 18 Subsection (1)

Section 18

Subsection (1)

Delete “the clerk or secretary of”.

Subsection (3)

Delete “the clerk or secretary of” in both places where it occurs.

Section 19A

Substitute

Definition of “plebiscite”

Definition of

“plebiscite”

“ ‘plebiscite’ means— (a) a plebiscite within the meaning of Part 11 of the Local Government Reform Act 2014, or

“ ‘plebiscite’ means—

(a) a plebiscite within the meaning of Part 11 of the Local Government Reform Act 2014, or

(b) in any other case, a poll to ascertain the views or consent of qualified electors within the meaning of section 67(2) of the Local Government Act 1994, in relation to a local political matter;”.

Section 19G

After section 19G to insert the following section into Part IVA

“ Third parties and plebiscite on directly elected mayor for Dublin

19H. For the purposes of compliance by a third party with sections 19D, 19F and 19G in respect of a plebiscite to which paragraph (a) of the definition of ‘plebiscite’ in section 19A relates, a reference in sections 19D, 19F and 19G to ‘the local authority concerned’ means Dublin City Council.”.

PART 3 Consequential Amendments toLocal Government (Multi-Storey Buildings) Act 1988 and to Building Control Act 1990

PART 3

Consequential Amendments toLocal Government (Multi-Storey Buildings) Act 1988 and to Building Control Act 1990

Section 5(5)

Number and Year (1)

Number and Year

(1)

Short Title (2)

Short Title

(2)

Provision (3)

Provision

(3)

Amendment (4)

Amendment

(4)

No. 29 of 1988

Local Government (Multi-Storey Buildings) Act 1988

Section 1(1) Definition of “local authority”

Section 1(1)

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) and a reference to the functional area of a local authority shall be construed accordingly;”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) and a reference to the functional area of a local authority shall be construed accordingly;”.

No. 3 of 1990

Building Control Act 1990

Section 1(1) Definition of “building control authority”

Section 1(1)

Definition of “building control authority”

Substitute: “ ‘building control authority’ has the meaning given to it by section 2(1) ;”.

Substitute

“ ‘building control authority’ has the meaning given to it by section 2(1) ;”.

Definition of “functional area”

Delete.

After interpretation given to “functions”

Insert: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Insert

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Section 2(1)

Substitute: “(1) Each local authority shall be a building control authority for the purposes of this Act and references to the functional area of a building control authority shall be construed accordingly.”.

Substitute

“(1) Each local authority shall be a building control authority for the purposes of this Act and references to the functional area of a building control authority shall be construed accordingly.”.

Section 2(2)

Delete.

Section 2(3)

Delete.

Section 20

Delete.

PART 4 Consequential Amendments to Planning and Development Act 2000

PART 4

Consequential Amendments to Planning and Development Act 2000

Section 5(7)

Reference No. (1)

Reference No.

(1)

Provision (2)

Provision

(2)

Amendment (3)

Amendment

(3)

1

Section 2(1) Definition of DTA

Section 2(1)

Definition of DTA

Substitute: “ ‘DTA’ means the body formerly known as the Dublin Transport Authority whose name was changed with effect from 1 December 2009 to the National Transport Authority pursuant to section 30 of the Public Transport Regulation Act 2009;”.

Substitute

“ ‘DTA’ means the body formerly known as the Dublin Transport Authority whose name was changed with effect from 1 December 2009 to the National Transport Authority pursuant to section 30 of the Public Transport Regulation Act 2009;”.

2

Definition of “functional area”

Substitute: “ ‘functional area’ means, in relation to a planning authority, its administrative area for the purposes of the Local Government Acts 1925 to 2014;”.

Substitute

“ ‘functional area’ means, in relation to a planning authority, its administrative area for the purposes of the Local Government Acts 1925 to 2014;”.

3

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

4

Definition of “manager”

Substitute

“ ‘manager’, in relation to a local authority, means the chief executive as provided for by Chapter 2 of Part 14 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;”.

5

After meaning of “new establishment”

Insert: “ ‘NTA’ means the National Transport Authority, being the name to which the name of the Dublin Transport Authority was changed with effect from 1 December 2009 pursuant to section 30 of the Public Transport Regulation Act 2009;”.

Insert

“ ‘NTA’ means the National Transport Authority, being the name to which the name of the Dublin Transport Authority was changed with effect from 1 December 2009 pursuant to section 30 of the Public Transport Regulation Act 2009;”.

6

Definition of “planning authority”

Substitute: “ ‘planning authority’ means a local authority;”.

Substitute

“ ‘planning authority’ means a local authority;”.

7

Definition of “regional authority”

Substitute: “ ‘regional assembly’ means a body established in accordance with section 43 (as amended by the Local Government Reform Act 2014) of the Local Government Act 1991;”.

Substitute

“ ‘regional assembly’ means a body established in accordance with section 43 (as amended by the Local Government Reform Act 2014) of the Local Government Act 1991;”.

8

Definition of “regional authorities within the GDA”

Substitute: “ ‘regional assemblies in respect of the GDA’ means regional assemblies established in accordance with section 43 (as amended by the Local Government Reform Act 2014) of the Local Government Act 1991, in respect of a region or regions which includes all or part of the Greater Dublin Area for the purposes of section 3 of the Dublin Transport Authority Act 2008;”.

Substitute

“ ‘regional assemblies in respect of the GDA’ means regional assemblies established in accordance with section 43 (as amended by the Local Government Reform Act 2014) of the Local Government Act 1991, in respect of a region or regions which includes all or part of the Greater Dublin Area for the purposes of section 3 of the Dublin Transport Authority Act 2008;”.

9

Definition of “regional planning guidelines”

Substitute: “ ‘regional spatial and economic strategy’ means regional spatial and economic strategy made under Chapter III of Part II;”.

Substitute

“ ‘regional spatial and economic strategy’ means regional spatial and economic strategy made under Chapter III of Part II;”.

10

Definition of “reserved function”

Substitute: “ ‘reserved function’, in relation to a local authority, shall be construed in accordance with section 131 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;”.

Substitute

“ ‘reserved function’, in relation to a local authority, shall be construed in accordance with section 131 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;”.

11

Section 4

Subsection (1)

Substitute for paragraphs (b) to (d): “(aa) development by a local authority in its functional area;”.

Substitute for paragraphs (b) to (d)

“(aa) development by a local authority in its functional area;”.

12

Subsection (1)

Substitute for paragraphs (e) to (f)

“(e) development consisting of the carrying out by a local authority of any works required for the construction of a new road or the maintenance or improvement of a road;

(f) development carried out on behalf of, or jointly or in partnership with, a local authority, pursuant to a contract entered into by the local authority concerned, whether in its capacity as a planning authority or in any other capacity;”.

13

Section 9(3)

Substitute

“(3) (a) A planning authority may, with the agreement of one or more local authorities which are adjoining local authorities, or on the direction of the Minister shall, make a single development plan for its functional area and any environs of that area which form part of any adjoining local authorities.”.

14

Section 10 Subsection (1A)

Section 10

Subsection (1A)

Substitute “the regional spatial and economic strategy” for “regional planning guidelines”.

15

Subsection (1B)

Substitute “the making of a regional spatial and economic strategy under Chapter III which affects the area of the development plan” for “the making of regional planning guidelines under Chapter III which affect the area of the development plan”.

16

Subsection (1C)

Substitute “a regional spatial and economic strategy under Chapter III which affects the area of the development plan is made,” for “regional planning guidelines under Chapter III which affect the area of the development plan are made,”.

17

Subsection (2A)

Substitute in paragraph (a) “the regional spatial and economic strategy” for “regional planning guidelines”.

18

Subsection (2A)

Substitute for paragraph (g)

“(g) in respect of the development plan of a city, provide details of—

(i) the city centre concerned,

(ii) the areas designated for significant development during the period of the development plan, particularly areas for which it is intended to prepare a local area plan,

(iii) the availability of public transport within the catchment of residential or commercial development, and

(iv) retail centres in that city,

(h) in respect of the area of the development plan of a city and county council set out a settlement hierarchy and provide details of matters referred to in paragraph (f) and (g).”.

19

Subsection (2C)

Substitute in paragraph (b) (i) “regional spatial and economic strategy” for “regional planning guidelines”.

Substitute in paragraph (b) (i) “regional spatial and

economic strategy” for “regional planning guidelines”.

20

Section 11 Subsection (2)

Section 11

Subsection (2)

Substitute “any relevant regional assembly and any local community development committee within the functional area of the local authority” for “any relevant regional authority and any town commissioners and city and county development boards within the functional area of the authority”.

21

Subsection (4)

Substitute in paragraph (bc) “regional assembly” for “regional authority”.

22

Section 12

Subsection (1)

Substitute for paragraph (a): “(a) send notice and a copy of the draft development plan to the Minister, the Board, the relevant regional assembly, the prescribed authorities and any local community development committee in the area, and”.

Substitute for paragraph (a)

“(a) send notice and a copy of the draft development plan to the Minister, the Board, the relevant regional assembly, the prescribed authorities and any local community development committee in the area, and”.

23

Subsection (4)

Substitute in paragraph (bc) “regional assembly” for “regional authority”.

24

Subsection (5)

Substitute in paragraph (aa) “regional assembly” for “regional authority” in both places where it occurs.

25

Subsection (12)

Substitute in paragraph (c) “and any local community development committee” for “any town commissioners and city and county development boards”.

26

Section 13

Subsection (2)

Substitute for paragraph (a): “(a) send notice and copies of the proposed variation of the development plan to the Minister, the Minister for Arts, Heritage and the Gaeltacht, the Board, the relevant regional assembly, and, where appropriate, to any adjoining planning authority, the prescribed authorities, and any local community development committee within the area of the development plan,”.

Substitute for paragraph (a)

“(a) send notice and copies of the proposed variation of the development plan to the Minister, the Minister for Arts, Heritage and the Gaeltacht, the Board, the relevant regional assembly, and, where appropriate, to any adjoining planning authority, the prescribed authorities, and any local community development committee within the area of the development plan,”.

27

Subsection (4)

Substitute in paragraph (bc) “regional assembly” for “regional authority”.

28

Subsection (5)

Substitute in paragraph (aa) “regional assembly” for “regional authority” in both places where it occurs.

29

Subsection (8)

Substitute for paragraph (c)

“(c) In addition to the requirements of paragraphs (a) and (b), a planning authority shall send a copy of the variation to the Minister, the Minister for Arts, Heritage and the Gaeltacht, the Board, the relevant regional assembly and, where appropriate, to the prescribed authorities, any adjoining planning authorities and any local community development committee within its area.”.

30

Section 19 Subsection (1)

Section 19

Subsection (1)

Substitute for paragraph (b): “(b) A local area plan shall be made, except for an area where a development plan of a former town council continues to have effect, in respect of an area which—

Substitute for paragraph (b)

“(b) A local area plan shall be made, except for an area where a development plan of a former town council continues to have effect, in respect of an area which—

(i) is designated as a town in the most recent census of population, other than a town designated as a suburb or environs in that census,

(ii) has a population in excess of 5,000, and

(iii) is situated within the functional area of a planning authority which is a city and county council or a county council.”.

3 1

Subsection (2)

Substitute “regional spatial and economic strategy” for “regional planning guidelines”.

32

Section 31 Subsection (5)

Section 31

Subsection (5)

Substitute “regional assembly” for “regional planning authority”.

33

Subsection (5)

Substitute “is a regional spatial and economic strategy” for “are regional planning guidelines”.

34

Subsection (9)

Substitute in paragraph (c) “regional assembly” for “regional authority”.

35

Subsection (13)

Substitute in paragraph (c) “regional assembly” for “regional authority”.

36

Subsection (14)

Substitute “regional assembly” for “regional authority”.

37

Section 31A Subsection (1)

Section 31A

Subsection (1)

Substitute in paragraph (a) “regional assembly” for “regional authority” and “or assemblies” for “or authorities” in both of the places where they occur.

38

Subsection (1)

Substitute in paragraph (a) “regional spatial and economic strategy” for “regional planning guidelines”.

39

Subsection (1)

Substitute for paragraph (b)

“(b) the regional spatial and economic strategy fails to provide a long-term strategic planning and economic framework for the development of the region or regions, as the case may be, in respect of which it is made, in accordance with the principles of proper planning and sustainable development and the economic policies and objectives of the Government,”.

40

Subsection (1)

Substitute in paragraph (c) “regional spatial and economic strategy is” for “regional planning guidelines are”.

41

Subsection (1)

Substitute in paragraph (d) “regional assembly or assemblies” for “regional authority or authorities”.

42

Subsection (1)

Substitute “direct a regional assembly or assemblies” for “direct a regional authority or authorities”.

43

Subsection (2)

Substitute “regional assembly or regional assemblies” for “regional authority or regional authorities”.

44

Subsection (3)

Substitute “regional assembly or regional assemblies” for “regional authority or regional authorities”.

4 5

Subsection (3)

Substitute “strategy or strategies” for “guidelines”.

46

Subsection (4)

Substitute “regional assembly or regional assemblies” for “regional authority or regional authorities”.

4 7

Subsection (4)

Substitute for paragraph (b)

“(b) the intention of the Minister to issue a direction (a draft of which shall be contained in the notice) to the regional assembly, or assemblies, as the case may be, to take certain measures specified in the notice in order to ensure that the regional spatial and economic strategy is in compliance with the requirements of this Act and to provide a long-term strategic planning and economic framework for the development of the region, or regions, as the case may be, in accordance with the principles of proper planning and sustainable development and the economic policies and objectives of the Government,”.

48

Subsection (4)

Substitute in paragraph (c) “regional spatial and economic strategy” for “regional planning guidelines”.

49

Subsection (4)

Substitute in paragraph (d) “regional assembly or assemblies” for “regional authority or authorities”.

50

Subsection (5)

Substitute “regional assembly, or assemblies,” for “regional authority, or authorities,”.

51

Subsection (6)

Substitute in paragraph (a) “a regional spatial and economic strategy” for “regional planning guidelines”.

52

Subsection (6)

Substitute in paragraph (a) “the strategy” for “the guidelines”.

53

Subsection (6)

Substitute in paragraph (b) “the strategy proposed” for “guidelines proposed”.

54

Subsection (6)

Substitute in paragraph (b) “the strategy which is” for “those guidelines which are”.

55

Subsection (7)

Substitute “regional assembly, or assemblies,” for “regional authority, or authorities,” in each place where it occurs.

56

Subsection (8)

Substitute “regional assembly, or assemblies,” for “regional authority, or authorities,”.

57

Subsection (9)

Substitute “regional assembly, or assemblies,” for “regional authority, or authorities,” in both places where it occurs.

58

Subsection (10)

Substitute “regional assembly, or assemblies,” for “regional authority, or authorities,”.

Substitute “regional assembly, or assemblies,” for

“regional authority, or authorities,”.

59

Subsection (13)

Substitute in paragraph (b) “regional assembly, or assemblies,” for “regional authority, or authorities,”.

60

Subsection (14)

Substitute “regional assembly, or assemblies,” for “regional authority, or authorities,”.

6 1

Subsection (17)

Substitute

“(17) The direction issued by the Minister under subsection (16) is deemed to have immediate effect and its terms are considered to be incorporated into the regional spatial and economic strategy, or, if appropriate, to constitute the strategy.”.

62

Subsection (19)

Substitute “regional assembly or assemblies” for “Regional authority or authorities”.

63

Section 31F Subsection (1)

Section 31F

Subsection (1)

Substitute: “(1) Where the regional assemblies in respect of the GDA intend to make a regional spatial and economic strategy in accordance with section 24, or to review the existing strategy under section 26, they shall, as soon as may be, consult with the NTA in order to make the necessary arrangements for making the strategy.”.

Substitute

“(1) Where the regional assemblies in respect of the GDA intend to make a regional spatial and economic strategy in accordance with section 24, or to review the existing strategy under section 26, they shall, as soon as may be, consult with the NTA in order to make the necessary arrangements for making the strategy.”.

64

Subsection (2)

Substitute

“(2) The NTA shall assist and co-operate with the regional assemblies in respect of the GDA in making arrangements for the preparation of a regional spatial and economic strategy and in carrying out the preparation of the strategy.”.

65

Subsection (3)

Substitute for paragraph (a)

“ (a) In carrying out its function under subsection (2), the NTA shall prepare and submit to the regional assemblies, within 6 weeks of the commencement of consultation under subsection (1), a report on the issues which, in its opinion, should be considered by the regional assemblies in making a regional spatial and economic strategy.”.

66

Subsection (3)

Substitute in paragraph (b) (i) “regional spatial and economic strategy” for “regional planning guidelines”.

Substitute in paragraph (b) (i) “regional spatial and

economic strategy” for “regional planning guidelines”.

67

Subsection (3)

Substitute in paragraph (b) (iv) “regional spatial and economic strategy” for “regional planning guidelines”.

68

Section 31G

Substitute

Subsection (1)

“(1) Where a notice is received by the NTA under section 24(4) it shall, as part of any written submission on the draft regional spatial and economic strategy, state whether, in its view, the draft regional spatial and economic strategy is—

(a) consistent with its transport strategy, or

(b) not consistent with its transport strategy and in such case what amendments to the draft regional spatial and economic strategy it considers necessary to achieve such consistency.”.

69

Section 31GG Subsection (1)

Section 31GG

Subsection (1)

Substitute: “(1) Where a notice is received by the NTA under section 24(4) from a regional assembly (other than the regional assemblies in respect of the GDA) the NTA shall, as part of any written submission on the draft regional spatial and economic strategy, state whether, in its view, the matters raised by it in its report under section 31FF are—

Substitute

“(1) Where a notice is received by the NTA under section 24(4) from a regional assembly (other than the regional assemblies in respect of the GDA) the NTA shall, as part of any written submission on the draft regional spatial and economic strategy, state whether, in its view, the matters raised by it in its report under section 31FF are—

(a) satisfactorily addressed in the draft regional spatial and economic strategy, or

(b) not satisfactorily addressed in the draft regional spatial and economic strategy.”.

70

Subsection (2)

Substitute

“(2) Where in the context of subsection (1) (b) the NTA makes a submission, it shall indicate what amendments to the draft regional spatial and economic strategy it considers should be made to ensure effective integration of transport and land use planning.”.

71

Section 31J

Substitute for paragraph (a)

“ (a) a planning or local authority, a regional assembly, State authority or An Bord Pleanála is carrying out any relevant function under or transferred by Part II, X, XI or XIV, or”.

72

Section 34

Subsection (6)

Substitute in paragraph (a) for subparagraphs (iiia) and (iv): “(iiia) not later than 6 weeks from the publication of the notice under subparagraph (i), the chief executive shall prepare a report for the members of the planning authority—

Substitute in paragraph (a) for subparagraphs (iiia) and (iv)

“(iiia) not later than 6 weeks from the publication of the notice under subparagraph (i), the chief executive shall prepare a report for the members of the planning authority—

(I) stating the main reasons and considerations on which the proposal to grant permission is based,

(II) summarising the issues raised in any submissions or observations in accordance with subparagraph (iii), and

(III) advising the members of his or her opinion regarding the compliance or otherwise of the proposed development with any relevant Ministerial guidelines under section 28 or any relevant policies or objectives of the Government or Minister of the Government or with any regional spatial and economic strategy,

and the report shall be considered by the members before a resolution is passed under subparagraph (iv), and

(iv) a resolution shall be passed by the planning authority approving the proposal of the chief executive to grant permission.”.

73

Subsection (6)

Delete paragraphs (c) and (d).

74

Subsection (7)

Delete.

75

Section 37 Subsection (2)

Section 37

Subsection (2)

Substitute in paragraph (b) (iii) “regional spatial and economic strategy” for “regional planning guidelines”.

76

Section 37A Subsection (2)

Section 37A

Subsection (2)

Substitute in paragraph (b) “regional spatial and economic strategy” for “regional planning guidelines”.

77

Section 42 Subsection (1)

Section 42

Subsection (1)

Substitute in paragraph (a) (ii) (II) “regional spatial and economic strategy” for “regional planning guidelines”.

78

Section 42A Subsection (1)

Section 42A

Subsection (1)

Substitute in paragraph (a) (ii) (II) “regional spatial and economic strategy” for “regional planning guidelines”.

79

Section 84

Substitute

Subsection (6)

“(6) In this section, and sections 85 and 86—

‘city’ means—

(a) the administrative area of a city council,

(b) a municipal district that includes the area of a city to which subsection (6) of section 10 (inserted by the Local Government Reform Act 2014) of the Local Government Act 2001 relates;

‘municipal district’ has the meaning given to it by section 22A (inserted by the Local Government Reform Act 2014) of the Local Government Act 2001;

‘town’ means a municipal district with a population in excess of 2,000 that is not a municipal district to which paragraph (b) of the definition of ‘city’ relates.”.

80

Section 143 Subsection (1)

Section 143

Subsection (1)

Substitute in paragraph (c) “regional spatial and economic strategy” for “regional planning guidelines”.

81

Section 177R Subsection (1) Definition of “land use plan”

Section 177R

Subsection (1)

Definition of “land use plan”

Substitute for paragraph (a) of definition: “(a) regional spatial and economic strategy,”.

Substitute for paragraph (a) of definition

“(a) regional spatial and economic strategy,”.

82

Section 166

Substitute “regional assembly” for “regional authority”.

83

Section 177S

Substitute for paragraph (a)

Subsection (2)

“(a) in relation to draft regional spatial and economic strategy, the regional assembly for whose area the strategy is made,”.

84

Section 177T

Substitute for paragraph (a)

Subsection (3)

“(a) as respects a draft regional spatial and economic strategy, the regional assembly for whose area the draft strategy is made,”.

85

Section 229 Definition of “local authority”

Section 229

Definition of “local authority”

Delete.

PART 5 Consequential Amendments to Acts Relating to Taxation

PART 5

Consequential Amendments to Acts Relating to Taxation

Section 5(6)

Number and Year (1)

Number and Year

(1)

Short title (2)

Short title

(2)

Provision (3)

Provision

(3)

Amendment (4)

Amendment

(4)

No. 1 of 2003

Capital Acquisitions Tax Consolidation Act 2003

Section 2(1) Definition of “local authority”

Section 2(1)

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) and includes a body established under the Local Government Services (Corporate Bodies) Act 1971;”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) and includes a body established under the Local Government Services (Corporate Bodies) Act 1971;”.

No. 52 of 2012

Finance (Local Property Tax) Act 2012

Section 2 Definition of “local authority”

Section 2

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Section 20(1) Definition of “local authority”

Section 20(1)

Definition of “local authority”

Delete.

Section 20(2)

Insert “(within the meaning of the Local Government Act 2001, as amended by the Local Government Reform Act 2014)” after “reserved function”.

No. 39 of 1997

Taxes Consolidation Act 1997

Section 2(1) Definition of “local authority”

Section 2(1)

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Section 4(1) Definition of “company”

Section 4(1)

Definition of “company”

Substitute for paragraph (e): “(e) a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) and includes a body established under the Local Government Services (Corporate Bodies) Act 1971;”.

Substitute for paragraph (e)

“(e) a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) and includes a body established under the Local Government Services (Corporate Bodies) Act 1971;”.

Section 5(1) Definition of “local authority”

Section 5(1)

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) and includes a body established under the Local Government Services (Corporate Bodies) Act 1971;”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) and includes a body established under the Local Government Services (Corporate Bodies) Act 1971;”.

Section 214(1)

Substitute: “(1) In this section ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) and includes a body established under the Local Government Services (Corporate Bodies) Act 1971.”.

Substitute

“(1) In this section ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) and includes a body established under the Local Government Services (Corporate Bodies) Act 1971.”.

Section 310(1) Definition of “local authority”

Section 310(1)

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Section 339(1) Definition of “the relevant local authority”

Section 339(1)

Definition of “the relevant local authority”

Substitute: “the local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014)” for “the council of a county or the corporation of a county or other borough or, where appropriate, the urban district council,”.

Substitute

“the local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014)” for “the council of a county or the corporation of a county or other borough or, where appropriate, the urban district council,”.

Section 344(1) Definition of “relevant local authority”

Section 344(1)

Definition of “relevant local authority”

Substitute: “ ‘the relevant local authority’, in relation to the construction or replacement of a multi-storey car park, means the local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) in whose functional area the multi-storey car park is situated.”.

Substitute

“ ‘the relevant local authority’, in relation to the construction or replacement of a multi-storey car park, means the local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) in whose functional area the multi-storey car park is situated.”.

Section 372AK Definition of “relevant local authority”

Section 372AK

Definition of “relevant local authority”

Substitute for paragraph (a): “(a) a qualifying urban area means the local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) in whose functional area the area is situated, and”.

Substitute for paragraph (a)

“(a) a qualifying urban area means the local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) in whose functional area the area is situated, and”.

Section 372AAB Definition of “relevant local authority”

Section 372AAB

Definition of “relevant local authority”

Substitute: “ ‘relevant local authority’ means the local authority, within the meaning of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014), in whose functional area the special regeneration area is situated;”.

Substitute

“ ‘relevant local authority’ means the local authority, within the meaning of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014), in whose functional area the special regeneration area is situated;”.

Section 380Q(1) Definition of “local authority”

Section 380Q(1)

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Section 652(2)

Substitute for paragraph (a): “(a) In this subsection ‘the relevant local authority’, in relation to a relevant disposal, means the local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) in whose functional area the land being disposed of is situated.”.

Substitute for paragraph (a)

“(a) In this subsection ‘the relevant local authority’, in relation to a relevant disposal, means the local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) in whose functional area the land being disposed of is situated.”.

Section 681(1)

Substitute in paragraph (a) for the definition of “relevant local authority” the following: “ ‘relevant local authority’, in relation to a qualifying mine disposal, means the local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) in whose functional area the mine being disposed of is situated;”.

Substitute in paragraph (a) for the definition of “relevant local authority” the following

“ ‘relevant local authority’, in relation to a qualifying mine disposal, means the local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) in whose functional area the mine being disposed of is situated;”.

Section 888(2)

Substitute in paragraph (e): “for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014)” for “(within the meaning of section 2(2) of the Local Government Act 1941)”.

Substitute in paragraph (e)

“for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014)” for “(within the meaning of section 2(2) of the Local Government Act 1941)”.

Section 898(1)

Substitute: “(1) In this section ‘rating authority’ means— (a) a county council, (b) a city council, or (c) a city and county council;”.

Substitute

“(1) In this section ‘rating authority’ means—

(a) a county council,

(b) a city council, or

(c) a city and county council;”.

Schedule 13

Substitute for paragraph 2: “2. A local authority within the meaning of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014).”.

Substitute for paragraph 2

“2. A local authority within the meaning of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014).”.

Schedule 15

Substitute for paragraph 4: “4. A local authority or a joint body within the meaning of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014).”.

Substitute for paragraph 4

“4. A local authority or a joint body within the meaning of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014).”.

PART 6 Minor Amendments to Other Acts

PART 6

Minor Amendments to Other Acts

Section 5(8)

Regnal Year and Chapter Number or Number and Year (1)

Regnal Year and Chapter Number or Number and Year

(1)

Short title (2)

Short title

(2)

Provision (3)

Provision

(3)

Amendment (4)

Amendment

(4)

No. 21 of 1939

Air-Raid Precautions Act 1939

Section 3

Substitute: “Local authority 3.. In this Act ‘local authority’ has the meaning given to it by section 2(1) (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001. ”.

Substitute

“Local authority

3.. In this Act ‘local authority’ has the meaning given to it by section 2(1) (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001. ”.

No. 15 of 2013

Animal Health and Welfare Act 2013

Section 37(2)

Substitute “chief executive” for “manager”.

Section 43(2)

Substitute in paragraph (b) “chief executive” for “manager”.

Section 48(2)

Substitute “chief executive” for “manager”.

Section 49(1)

Substitute “chief executive” for “manager”.

No. 19 of 2001

Carer’s Leave Act 2001

Section 2(1) Definition of “employee”

Section 2(1)

Definition of “employee”

Substitute: “Local Government Act 2001 (as amended by the Local Government Reform Act 2014)” for “Local Government Act, 1941,”.

Substitute

“Local Government Act 2001 (as amended by the Local Government Reform Act 2014)” for “Local Government Act, 1941,”.

No. 19 of 1995

Casual Trading Act 1995

Section 1(1) Definition of “local authority”

Section 1(1)

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Definition of “reserved function”

Substitute: “ ‘reserved function’, in relation to a local authority, shall be construed in accordance with section 131 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;”.

Substitute

“ ‘reserved function’, in relation to a local authority, shall be construed in accordance with section 131 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;”.

No. 51 of 2012

Civil Defence Act 2012

Section 16(4)

Substitute for paragraph (a): “(a) the chief executive of the local authority concerned;”.

Substitute for paragraph (a)

“(a) the chief executive of the local authority concerned;”.

No. 32 of 1986

Control of Dogs Act 1986

Section 1 Definition of “local authority”

Section 1

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014); and references to the functional area of a local authority shall be construed accordingly and local authority shall, as the context may require, include any other person with whom a local authority has entered into an arrangement pursuant to section 15 of this Act;”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014); and references to the functional area of a local authority shall be construed accordingly and local authority shall, as the context may require, include any other person with whom a local authority has entered into an arrangement pursuant to section 15 of this Act;”.

No. 2 of 1994

Criminal Justice (Public Order) Act 1994

Section 19A(1) Definition of “local authority”

Section 19A(1)

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

No. 10 of 1972

Dangerous Substances Act 1972

Section 2(1) Definition of “local authority”

Section 2(1)

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Section 2(2) Interpretation

Section 2(2)

Interpretation

Substitute for paragraph (b): “(b) in any other area, the local authority for the area;”.

Substitute for paragraph (b)

“(b) in any other area, the local authority for the area;”.

No. 25 of 1988

Data Protection Act 1988

Section 1 Definition of “local authority”

Section 1

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

No. 14 of 2005

Disability Act 2005

Section 24

Substitute: “ Definition 24. In this Part ‘housing authority’ means a local authority.”.

Substitute

“ Definition

24. In this Part ‘housing authority’ means a local authority.”.

No. 29 of 2010

Dog Breeding Establishments Act 2010

Section 2 Definition of “city council”

Section 2

Definition of “city council”

Delete.

Definition of “county council”

Delete.

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

No. 15 of 2008

Dublin Transport Authority Act 2008

Section 12 Subsection (5)

Section 12

Subsection (5)

Substitute for paragraph (b) : “(b) the regional spatial and economic strategy (within the meaning of the Act of 2000) in force for the GDA, including any regional planning guidelines to which section 21(4) of that Act relates,”.

Substitute for paragraph (b)

“(b) the regional spatial and economic strategy (within the meaning of the Act of 2000) in force for the GDA, including any regional planning guidelines to which section 21(4) of that Act relates,”.

Subsection (6)

Substitute: “(6) The Authority shall ensure that the transport strategy is consistent with relevant regional spatial and economic strategy (within the meaning of the Act of 2000) for the GDA prepared in accordance with Chapter III, Part II, of that Act, including any relevant regional planning guidelines to which section 21(4) of that Act relates.”.

Substitute

“(6) The Authority shall ensure that the transport strategy is consistent with relevant regional spatial and economic strategy (within the meaning of the Act of 2000) for the GDA prepared in accordance with Chapter III, Part II, of that Act, including any relevant regional planning guidelines to which section 21(4) of that Act relates.”.

Subsection (10)

Substitute for paragraphs (a) and (b): “(a) consistent with the regional spatial and economic strategy (within the meaning of the Act of 2000) for the GDA, including any relevant regional planning guidelines to which section 21(4) of that Act relates, or

Substitute for paragraphs (a) and (b)

“(a) consistent with the regional spatial and economic strategy (within the meaning of the Act of 2000) for the GDA, including any relevant regional planning guidelines to which section 21(4) of that Act relates, or

(b) not consistent with the regional spatial and economic strategy (within the meaning of the Act of 2000) for the GDA, including any relevant regional planning guidelines to which section 21(4) of that Act relates and where not so consistent what amendments to the draft transport strategy they consider necessary to achieve such consistency.”.

Section 17(4)

Substitute: “(a) 3 local authority chief executives or officers as follows

Substitute

“(a) 3 local authority chief executives or officers as follows

(i) the Chief Executive of Dublin City Council,

(ii) one from the chief executives for the County Councils of Dún Laoghaire-Rathdown, Fingal and South Dublin, as decided by those chief executives, and

(iii) one from the chief executives for the County Councils of Kildare, Meath and Wicklow, as decided by those chief executives,

or an officer of those Councils as nominated by the relevant chief executive,”.

Section 64(2)

Substitute for paragraph (b): “(b) relevant regional spatial and economic strategy (within the meaning of the Act of 2000) under Chapter III, Part II, of that Act, including any relevant regional planning guidelines to which section 21(4) of that Act relates,”.

Substitute for paragraph (b)

“(b) relevant regional spatial and economic strategy (within the meaning of the Act of 2000) under Chapter III, Part II, of that Act, including any relevant regional planning guidelines to which section 21(4) of that Act relates,”.

No. 11 of 2013

Education and Training Boards Act 2013

Schedule 2

In column (2) — substitute: “Limerick City and County and County Clare” for “City of Limerick, County Limerick and County Clare”,

In column (2) —

substitute

“Limerick City and County and County Clare” for “City of Limerick, County Limerick and County Clare”,

substitute: “County Tipperary” for “Tipperary North and Tipperary South”, and

substitute

“County Tipperary” for “Tipperary North and Tipperary South”, and

substitute: “Waterford City and County” for “City of Waterford, County Waterford”.

substitute

“Waterford City and County” for “City of Waterford, County Waterford”.

Schedule 4

In column (2) — substitute: “Limerick City and County Council” for: “Limerick City Council Limerick County Council”,

In column (2) —

substitute

“Limerick City and County Council”

for

“Limerick City Council

Limerick County Council”,

substitute: “Tipperary County Council” for “Tipperary South County Council Tipperary North County Council”,

substitute

“Tipperary County Council” for

“Tipperary South County Council

Tipperary North County Council”,

and substitute: “Waterford City and County Council” for “Waterford City Council Waterford County Council”.

and substitute

“Waterford City and County Council”

for

“Waterford City Council

Waterford County Council”.

No. 35 of 1995

Energy (Miscellaneous Provisions) Act 1995

Section 10(12) Definition of “local authority”

Section 10(12)

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

No. 40 of 2006

Energy (Miscellaneous Provisions) Act 2006

Section 23 Definition of “local authority”

Section 23

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

No. 20 of 2011

Environment (Miscellaneous Provisions) Act 2011

Section 48 (substituting Part 18 of the Local Government Act 2001)

In inserted section 189 of the Local Government Act 2001: (a) substitute “local council” for “local authority” in each place where it occurs, and

In inserted section 189 of the Local Government Act 2001

(a) substitute “local council” for “local authority” in each place where it occurs, and

(b) insert after subsection (10)

“(11) In this section ‘local council’, in relation to a local authority, means the local authority or the municipal district members in respect of each municipal district within the area of such local authority.”.

No. 23 of 1997

Fisheries (Amendment) Act 1997

Section 3 Definition of “local authority”

Section 3

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

No. 17 of 1992

Foreshore (Amendment) Act 1992

Section 1 Definition of “local authority”

Section 1

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) and any reference to the functional area of a local authority shall be construed accordingly;”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) and any reference to the functional area of a local authority shall be construed accordingly;”.

No. 30 of 1976

Gas Act 1976

Section 2 Definition of “local authority”

Section 2

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Section 27

Substitute for subsection (6): “(6) In this section ‘road authority’ means a local authority;”.

Substitute for subsection (6)

“(6) In this section ‘road authority’ means a local authority;”.

No. 16 of 1982

Gas Regulation Act 1982

Section 1 Definition of “local authority”

Section 1

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

No. 46 of 1960

Health (Fluoridation of Water Supplies) Act 1960

Section 1 Definition of “sanitary authority”

Section 1

Definition of “sanitary authority”

Substitute: “ ‘sanitary authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014).”.

Substitute

“ ‘sanitary authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014).”.

No. 6 of 1982

Housing (Private Rented Dwellings) Act 1982

Section 2(1) Definition of “housing authority”

Section 2(1)

Definition of “housing authority”

Substitute: “ ‘housing authority’ means a local authority and references to the functional area of a housing authority shall be construed accordingly;”.

Substitute

“ ‘housing authority’ means a local authority and references to the functional area of a housing authority shall be construed accordingly;”.

After definition of “landlord”

Insert: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Insert

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

No. 22 of 1983

Housing (Private Rented Dwellings) (Amendment) Act 1983

Section 3(3)

Delete.

Section 14(2) (b)

Insert “(being the chief executive of the local authority concerned)” after “manager of the housing authority”.

Section 14(3)

Insert “(being the chief executive of the local authority concerned)” after “manager of the housing authority”.

No. 6 of 1999

Irish Sports Council Act 1999

Section 2(1) Definition of “public authority”

Section 2(1)

Definition of “public authority”

Substitute for paragraph (b): “(b) a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014),”.

Substitute for paragraph (b)

“(b) a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014),”.

No. 34 of 1993

Merchant Shipping (Salvage and Wreck) Act 1993

Section 2(1) Definition of “local authority”

Section 2(1)

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

No. 34 of 2009

National Asset Management Agency Act 2009

Section 12(8)

Substitute “regional spatial and economic strategy (within the meaning of the Planning and Development Act 2000, including any regional planning guidelines to which section 21(4) of that Act relates)” for “regional planning guidelines (within the meaning of the Planning and Development Act 2000)”.

No. 14 of 1999

National Disability Authority Act 1999

Section 2(1) Definition of “local authority”

Section 2(1)

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

No. 2 of 1930

National Monuments Act 1930

Section 2 Definition of “local authority”

Section 2

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

No. 20 of 1997

Organisation of Working Time Act 1997

Section 2(1) Definition of “employee”

Section 2(1)

Definition of “employee”

Substitute “Local Government Act 2001 (as amended by the Local Government Reform Act 2014), ” for “Local Government Act 1941,”.

No. 25 of 1991

Payment of Wages Act 1991

Section 1(1) Definition of “employee”

Section 1(1)

Definition of “employee”

Substitute “Local Government Act 2001 (as amended by the Local Government Reform Act 2014),” for “Local Government Act 1941,”.

Section 5(5) (c)

Substitute “Local Government Act 2001 (as amended by the Local Government Reform Act 2014),” for “Local Government Act 1941,”.

1 & 2 Vict., c. 56

Poor Relief (Ireland) Act 1838

Section 71

Delete “, and on his default then by the person subsequently in the occupation of the rateable property from whom such rate shall be demanded”.

12 & 13 Vict., c. 104

Poor Relief (Ireland) Act 1849

Section 19

Delete.

No. 29 of 2003

Protection of Employees (Fixed-Term Work) Act 2003

Section 2(1) Definition of “local authority”

Section 2(1)

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

No. 45 of 2001

Protection of Employees (Part-Time Work) Act 2001

Section 3(1) Definition of “employee”

Section 3(1)

Definition of “employee”

Substitute “Local Government Act 2001 (as amended by the Local Government Reform Act 2014),” for “Local Government Act 1941,”.

No. 27 of 2007

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007

Section 5(7)

Substitute for paragraph (d): “(d) is or becomes a member of a local authority within the meaning of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014),”.

Substitute for paragraph (d)

“(d) is or becomes a member of a local authority within the meaning of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014),”.

No. 7 of 1977

Protection of Employment Act 1977

Section 7(2)

Substitute for paragraph (c): “(c) officers of a body which is a local authority within the meaning of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014),”.

Substitute for paragraph (c)

“(c) officers of a body which is a local authority within the meaning of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014),”.

No. 16 of 1996

Protection of Young Persons (Employment) Act 1996

Section 1(1) Definition of “employee”

Section 1(1)

Definition of “employee”

Substitute “Local Government Act 2001 (as amended by the Local Government Reform Act 2014),” for “Local Government Act 1941,”.

No. 33 of 2004

Public Service Management (Recruitment and Appointments) Act 2004

Section 40(2)

Substitute for paragraph (i) (i): “(i) chief executive of a local authority, the Secretary General of the Department of the Environment, Community and Local Government,”.

Substitute for paragraph (i) (i)

“(i) chief executive of a local authority, the Secretary General of the Department of the Environment, Community and Local Government,”.

Section 44(1)

Substitute for paragraph (c)

“(c) the chief executive of a local authority for the purposes of the Local Government Act 2001;”.

No. 21 of 1967

Redundancy Payments Act 1967

Section 2(1) Definition of “local authority”

Section 2(1)

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

No. 14 of 1993

Roads Act 1993

Section 2 Definition of “local authority”

Section 2

Definition of “local authority”

Substitute: “ ‘local authority’, except in section 73, means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’, except in section 73, means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

No. 44 of 2004

Road Traffic Act 2004

Section 10

In subsection (1) to substitute “chief executive of a local authority” for “manager of a county council or city council”.

Section 10

In subsections (4) to (8) to substitute “chief executive” for “manager” in each place where it occurs.

No. 18 of 1999

Sea Pollution (Amendment) Act 1999

Section 1(1) Definition of “local authority”

Section 1(1)

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

No. 26 of 1925

Shannon Electricity Act 1925

Section 1 Definition of “local authority”

Section 1

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014).”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014).”.

No. 4 of 2011

Student Support Act 2011

Section 2 Definition of “local authority”

Section 2

Definition of “local authority”

Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

Substitute

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”.

No. 5 of 1994

Terms of Employment (Information) Act 1994

Section 1(1) Definition of “employee”

Section 1(1)

Definition of “employee”

Substitute “Local Government Act 2001 (as amended by the Local Government Reform Act 2014)” for “Local Government Act 1941,”.

No. 10 of 1977

Unfair Dismissals Act 1977

Section 1 Definition of “employer”

Section 1

Definition of “employer”

Substitute “Local Government Act 2001 (as amended by the Local Government Reform Act 2014)” for “Local Government Act 1941,”.

Section 2(1)

Substitute for paragraph (i): “(i) a chief executive of a local authority for the purposes of section 144 of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014),”.

Substitute for paragraph (i)

“(i) a chief executive of a local authority for the purposes of section 144 of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014),”.

No. 24 of 1997

Universities Act 1997

Section 16(5) (a)

In subparagraph (i) to substitute “by Dublin City Council” for “the Corporation of Dublin county borough”.

Section 16(5) (b)

Substitute for subparagraph (ii): “(ii) the person holding the office of Cathaoirleach of a municipal district which contains the administrative area of the former Waterford City Council,”.

Substitute for subparagraph (ii)

“(ii) the person holding the office of Cathaoirleach of a municipal district which contains the administrative area of the former Waterford City Council,”.

Substitute for subparagraph (iv): “(iv) five persons elected by Cork County Council, Kerry County Council, Limerick City and County Council, Tipperary County Council and Waterford City and County Council,”.

Substitute for subparagraph (iv)

“(iv) five persons elected by Cork County Council, Kerry County Council, Limerick City and County Council, Tipperary County Council and Waterford City and County Council,”.

Section 16(5) (d)

In subparagraph (ii) to substitute “Galway City Council” for “Corporation of the County Borough of Galway”.

Section 16(5) (g)

Substitute for subparagraphs (i) and (ii): “(i) the person holding the office of Cathaoirleach of Limerick City and County Council or a person nominated by him or her, (ii) the person holding the office of Cathaoirleach of a municipal district which contains the administrative area of the former Limerick City Council, and”.

Substitute for subparagraphs (i) and (ii)

“(i) the person holding the office of Cathaoirleach of Limerick City and County Council or a person nominated by him or her,

(ii) the person holding the office of Cathaoirleach of a municipal district which contains the administrative area of the former Limerick City Council, and”.

No. 27 of 1998

Urban Renewal Act 1998

Section 3 Definition of “rating authority”

Section 3

Definition of “rating authority”

Substitute: “ ‘rating authority’ means— (a) a county council, (b) a city council, or (c) a city and county council;”.

Substitute

“ ‘rating authority’ means—

(a) a county council,

(b) a city council, or

(c) a city and county council;”.

No. 13 of 2001

Valuation Act 2001

Section 3 Definition of “rating authority”

Section 3

Definition of “rating authority”

Substitute: “ ‘rating authority’ means— (a) a county council, (b) a city council, or (c) a city and county council;”.

Substitute

“ ‘rating authority’ means—

(a) a county council,

(b) a city council, or

(c) a city and county council;”.

Section 15

Delete subsections (3) and (5).

Schedule 3

Delete paragraph 1(o).

Schedule 4

Insert after paragraph 12: “12A. Property, being a building or part of a building, land or a waterway or a harbour directly occupied by— (a) any Department or Office of State, (b) the Defence Forces, or (c) the Garda Síochána, or used as a prison or place of detention, wherever situate.”.

Insert after paragraph 12

“12A. Property, being a building or part of a building, land or a waterway or a harbour directly occupied by—

(a) any Department or Office of State,

(b) the Defence Forces, or

(c) the Garda Síochána,

or used as a prison or place of detention, wherever situate.”.

ISB Act 2014-01-27

Schedule 3 Local Government Reform Act 2014 Open official source

SCHEDULE 3 Reserved Functions

SCHEDULE 3

Reserved Functions

Section 21(4)

“SCHEDULE 14A

Section 131 and 131A

PART 1

Reserved Functions to be Performed, Subject to Section 131A(4), by Municipal District Members

Reference No. (1)

Reference No.

(1)

Description of reserved function (2)

Description of reserved function

(2)

Provision under which reserved function is conferred (3)

Provision under which reserved function is conferred

(3)

1

Adopting or reverting to the title “Cathaoirleach” and “Leas-Chathaoirleach” and giving to the office of Cathaoirleach or Leas-Chathaoirleach alternative titles.

Section 32 and Schedule 8.

2

Removal from office of the Cathaoirleach or Leas-Chathaoirleach.

Section 34.

3

Deciding to hold special meetings; appointing days and times of meetings; appointing a regular schedule for the holding of ordinary meetings; appointing different days, times and places for different meetings; appointing the day for holding the annual meeting other than in a year in which a local election is held; making additional arrangements for the giving of public notice of meetings; resolving that a member leave a meeting; making, amending or revoking standing orders; making rules for the purpose of ensuring that appointments to bodies are made fairly and equitably.

Section 44 and paragraphs 1, 2, 3, 8, 13, 16 and 19 of Schedule 10.

4

Deciding to meet in committee for whole or part of a meeting where the municipal district members consider that such action is not contrary to the overall public interest.

Section 45.

5

Establishing a committee to consider matters connected with the functions of the local authority and to assist and advise the authority on those matters; appointing the members of a committee; and dissolving a committee.

Subsections (1) (a), (3) and (4) of section 51.

6

Adoption of statements regarding the economic elements of the local economic and community plan for the consideration of the elected council of the local authority.

Section 66C (inserted by section 44 of the Local Government Reform Act 2014).

7

Adoption of statements regarding the community elements of the local economic and community plan for the consideration of the elected council of the local authority.

Section 66C (inserted by section 44 of the Local Government Reform Act 2014).

8

Consideration of and making amendments to a draft budgetary plan.

Section 102(4A).

9

Consideration and adoption of an annual schedule of proposed works to be carried out in the district.

Section 103A.

10

Establishing a community fund for the purposes of supporting community initiatives.

Section 109.

11

Adopting a scheme for the making of an annual contribution by the occupier of each dwelling in the area to which the scheme applies towards particular community initiatives specified in the scheme.

Section 110.

12

Deciding, subject to the approval of the Minister, that a particular function of the municipal district members should be performed only by the local authority.

Section 131A.

13

A decision to pay an allowance for reasonable expenses of Cathaoirleach and Leas-Chathaoirleach and the determination of the amount of the allowance.

Section 143.

14

The approval of information to be included in an annual report in relation to the performance of functions by the municipal district members.

Section 221.

15

Deciding that a named member leave a meeting or that the member was the cause of the meeting being adjourned.

Paragraph 13 of Schedule 10.

16

Deciding to pay certain expenses to non-members of a local authority for attendance at committees or joint committees.

Article 9 of the Local Government (Expenses of Local Authority Members) Regulations 1993 (S.I. No. 391 of 1993).

17

The delegation to a designated body of a function (including maintenance) in respect of the management and control of any specified dwellings or the revocation of any such delegation.

Section 9 of the Housing (Miscellaneous Provisions) Act 1992.

18

The delegation to a designated body of a function (including maintenance) in respect of the management and control of a dwelling or the revocation of any such delegation.

Section 30 of the Housing (Miscellaneous Provisions) Act 2009.

19

Making representations to the Minister in relation to an order made by the Minister closing particular roads to vehicles.

Section 94 of the Road Traffic Act 1961.

20

The making of arrangements in relation to school wardens.

Section 96 of the Road Traffic Act 1961.

21

Entry into an agreement for the exercise of power under the Local Authorities (Traffic Wardens) Act 1975 by another local authority.

Section 7 of the Local Authorities (Traffic Wardens) Act 1975.

22

The making of an order declaring a road to be a public road and consideration of objections or representations in relation to such declaration.

Section 11 of the Roads Act 1993, as applied by section 180 of the Act of 2000.

23

The making of an order abandoning a public road and the consideration of objections or representations in relation to a proposal to abandon a public road and the report and any recommendations of a person appointed to conduct an oral hearing.

Section 12 of the Roads Act 1993.

24

The making of an order extinguishing a public right of way and the consideration of objections or representations in relation to a proposal to extinguish a public right of way and the report and any recommendations of a person appointed to conduct an oral hearing.

Section 73 of the Roads Act 1993.

25

The making of a resolution (pursuant to regulations under section 35(2) (l) of the Road Traffic Act 1994) specifying the places in which vehicles may be parked either indefinitely or for any period not exceeding a specified period.

Section 35 of the Road Traffic Act 1994.

26

Making of bye-laws for the control and regulation of the parking of vehicles in specified places on public roads (including provision for the payment of fees for parking) and the consideration of observations or representations in relation to draft bye-laws.

Section 36 of the Road Traffic Act 1994.

27

Making of a resolution to determine the manner in which fees in respect of parking shall be disposed of.

Section 36 of the Road Traffic Act 1994.

28

The making of a decision to provide or remove prescribed traffic calming measures and the consideration of observations or representations in relation to a proposal to provide or remove such measures.

Section 38 of the Road Traffic Act 1994.

29

The making of bye-laws in relation to stands for taxis.

Section 84 (as amended by section 15 of the Road Traffic Act 2002) of the Road Traffic Act 1961.

30

Making, or refusing to make, or revocation or amendment of, a tree preservation order.

Section 205 of the Act of 2000.

31

Making of bye-laws in relation to the control, regulation, supervision and administration of casual trading.

Section 6 of the Casual Trading Act 1995.

32

The extinguishment of a market right.

Section 8 of the Casual Trading Act 1995.

33

The making, review, amendment or replacement of a litter management plan.

Section 13 of the Litter Pollution Act 1997.

34

Making bye-laws for the purposes of preventing the creation of, and controlling, litter.

Section 21 (as amended by section 57 of the Protection of the Environment Act 2003) of the Litter Pollution Act 1997.

35

The making of submissions to a fire authority regarding a proposed indoor event that requires a licence.

Section 23 of the Licensing of Indoor Events Act 2003.

36

The approval of a draft bye-law, the consideration of submissions in relation to such draft bye-law and the making, amendment or revocation of a bye-law.

Section 199.

37

Adopting, amending or rescinding a resolution concerning the expiry times of a special exemption order.

Section 5 (as amended by section 11 of the Intoxicating Liquor Act 2003) of the Intoxicating Liquor Act 1927.

38

Making of bye-laws in respect of the use of temporary dwellings.

Section 30 of the Local Government (Sanitary Services) Act 1948.

39

Making an order prohibiting the erection or retention of temporary dwellings.

Section 31 of the Local Government (Sanitary Services) Act 1948.

40

Making bye-laws in relation to any national monument of which the local authority is the owner or the guardian.

Section 9 of the National Monuments (Amendment) Act 1987.

41

Adopting a proposal to substitute a new placename in respect of a place.

Section 189 (as amended by section 48 of the Environment (Miscellaneous Provisions) Act 2011).

42

Deciding to hold a ballot in respect of a proposal to change a placename or deciding not to proceed with the proposal.

Section 189 (as amended by section 48 of the Environment (Miscellaneous Provisions) Act 2011).

43

Adopting or rescinding Part III (Licensing for Gaming of Amusement Halls and Funfairs) of Gaming and Lotteries Act 1956.

Section 13 of the Gaming and Lotteries Act 1956.

44

Decision to make a charge in relation to amenities, facilities, services or any other thing provided by a local authority under section 66 of the Local Government Act 2001.

Section 66.

45

Making of rules in relation to arrangements for attendance and raising of issues by interested persons at meetings.

Section 127.

PART 2

Reserved Functions that May be Performed under Section 131A(1) (b) in Respect of a Municipal District by Municipal District Members or the Local Authority

Reference No. (1)

Reference No.

(1)

Description of reserved function (2)

Description of reserved function

(2)

Provision under which reserved function is conferred (3)

Provision under which reserved function is conferred

(3)

1

A decision of a local authority to confer a civic honour on a person.

Section 74.

2

A decision to enter into arrangements for twinning with any other area.

Section 75.

3

A decision to incur reasonable expenditure for or in connection with the provision of receptions and entertainment and the making of presentations.

Section 76.

4

Requiring that specified action be taken in accordance with section 127 for the purpose of consultation with the local community.

Section 127.

5

Determining the policy of the local authority or the municipal district members.

Section 130.

6

Directing that a second legal opinion be obtained by the local authority in relation to the exercise or performance of a reserved function.

Section 132.

7

Deciding that a report on the capital programme may be considered at a meeting other than the local authority budget meeting.

Section 135.

8

Requiring a chief executive to prepare and submit plans, specifications and an estimate of cost of any particular work specified in a resolution.

Section 137.

9

Directing a chief executive to inform the council of the manner in which he or she proposes to perform any specified executive function of the local authority.

Section 138.

10

Requesting a member of a local authority to present a report on the activities and operation of another body to which the member is elected, appointed or nominated by that authority.

Section 141.

11

Approving a proposal of the chief executive to grant permission for the development of land which would contravene materially the development plan or local area plan.

Section 34 (as amended by Schedule 2 to the Local Government Reform Act 2014) of the Act of 2000.

12

A decision in relation to the making, amendment or revocation of a local area plan within the meaning of the Act of 2000.

Section 20 (as amended by section 9 of the Planning and Development (Amendment) Act 2002 and section 13 of the Planning and Development (Amendment) Act 2010) of the Act of 2000.

13

The making of an addition to, or a deletion from, a record of protected structures to which Part IV of the Act of 2000 relates.

Section 54 of the Act of 2000.

14

Approving, amending or revoking a special planning control scheme.

Section 85 and 86 of the Act of 2000.

15

Deciding to vary or modify a proposed local authority own development, or deciding not to proceed with the development.

Section 179 of the Act of 2000.

16

Making, or refusing to make an order creating a public right of way over any land.

Section 207 of the Act of 2000.

17

Deciding to vary or modify, or not to proceed with, an event proposed to be carried out by a local authority.

Section 238 of the Act of 2000.

18

The preparation, making, adoption or variation of a housing services plan, or draft plan.

Section 14 of the Housing (Miscellaneous Provisions) Act 2009.

19

The making of a decision in relation to the representation of the views of the local community.

Section 64.

20

A decision by a local authority to provide assistance in money or in kind under section 66 for promotion of the interests of the local community.

Section 66.

21

A declaration that a body be a recognised association for the purposes of section 128.

Section 128.

22

Observations in regard to a preliminary flood risk assessments, a flood hazard map, a flood risk map, or both such maps, a flood risk management plan, and a flood risk management scheme, prepared by the Commissioners of Public Works in Ireland; deciding whether to adopt or otherwise a flood risk management plan; and objection to the issue of a certificate of completion of flood risk management works.

Sections 8, 12, 18, 20, 27 and 40 of European Communities (Assessment and Management of Flood Risks) Regulations 2010 (S.I. No. 122 of 2010).

23

Consideration of and observations in regard to a drainage scheme prepared by the Commissioners of Public Works in Ireland.

Section 5 of Arterial Drainage Act 1945.

24

Objection to the issue of a certificate of completion of drainage works.

Section 13 of Arterial Drainage Act 1945.

PART 3

Reserved Functions to be Performed by the Local Authority

Reference No. (1)

Reference No.

(1)

Description of reserved function (2)

Description of reserved function

(2)

Provision under which reserved function is conferred (3)

Provision under which reserved function is conferred

(3)

1

Extending the period of permitted absence from attendance at local authority meetings.

Section 18.

2

Adopting a proposal for the alteration of the number of members of certain local authorities.

Section 22.

3

Adopting or reverting to the title “Cathaoirleach” and “Leas-Chathaoirleach” and giving to the office of Cathaoirleach or Leas-Chathaoirleach alternative titles.

Section 32 and Schedule 8.

4

Removal from office of the Cathaoirleach or Leas-Chathaoirleach or the chairperson of any strategic policy committee.

Section 34 (as amended by section 38 of the Local Government Reform Act 2014).

5

Deciding to fix the day or days for the first meetings of the municipal district members for each of the municipal districts within the functional area of the local authority.

Paragraph 4 Schedule 10 (as amended by section 57 of the Local Government Reform Act 2014).

6

Deciding to hold special meetings; appointing days and times of meetings; appointing a regular schedule for the holding of ordinary meetings; appointing different days, times and places for different meetings; appointing the day for holding the annual meeting other than in a year in which a local election is held; making additional arrangements for the giving of public notice of meetings; resolving that a member leave a meeting; making, amending or revoking standing orders; and making rules for the purpose of ensuring that appointments to bodies are made fairly and equitably.

Section 44 and paragraphs 1, 2, 3, 8, 13, 16 and 19 of Schedule 10.

7

Deciding to meet in committee for whole or part of a meeting where the authority considers that such action is not contrary to the overall public interest.

Section 45.

8

Establishing a committee to consider matters connected with the functions of the local authority and to assist and advise the authority on those matters or to perform functions of the authority; appointing the members of a committee; and dissolving a committee.

Section 51.

9

Establishing a joint committee of 2 or more local authorities to consider and advise on specified matters, or to perform functions delegated to it, delegating reserved functions to a joint committee and dissolving such a committee.

Section 52.

10

Making the integrated local economic and community plan.

Section 66C(4) (inserted by section 44 of the Local Government Reform Act 2014).

11

Preparing, reviewing and updating the implementation strategy for the economic elements of the local economic and community plan.

Section 66E (inserted by section 44 of the Local Government Reform Act 2014).

12

Entering into an agreement with another local or public authority for the performance by one of the authorities concerned of any function of the other.

Section 85.

13

Adopting the draft local authority budget.

Section 103 (substituted by section 58 of the Local Government Reform Act 2014).

14

Determining the annual rate on valuation to be levied.

Section 103 (substituted by section 58 of the Local Government Reform Act 2014).

15

Specifying a local electoral area or local electoral areas within the administrative area of the local authority where owners of vacant premises shall be entitled to claim and receive a refund of differing proportion of such rate to that that would otherwise apply to the rest of the administrative area and deciding what proportion of refund shall apply in respect of each of those specified electoral districts.

Section 14 (as amended by section 31 of the Local Government Reform Act 2014) of the Local Government Act 1946, section 20 (as so amended) of the Cork City Management Act 1941 and section 71 (as so amended) of the Local Government (Dublin) Act 1930.

16

Adoption of a schedule of proposed works of maintenance and repair to be carried out in a municipal district, if the schedule is not adopted by the municipal district members.

Subsection (4) of section 103A (inserted by section 58 of the Local Government Reform Act 2014).

17

Authorising the incurring of additional expenditure and adopting and amending a scheme authorising the chief executive to incur additional expenditure without prior approval of the elected council.

Section 104.

18

Requiring the preparation and submission to the local authority members of financial statements.

Section 105.

19

A decision to borrow money or to lend money to another local authority.

Section 106.

20

Delegation of additional functions to municipal district members or revocation of such delegation.

Section 131A (inserted by section 21 of the Local Government Reform Act 2014).

21

Performing, in accordance with regulations, a specified function in place of municipal district members in a particular case or occasion.

Section 131A (inserted by section 21 of the Local Government Reform Act 2014).

22

Extending a direction by the Cathaoirleach of a county council, a city council or a city and county council requiring the chief executive to refrain from doing a particular act, matter or thing.

Section 133.

23

Approving the corporate plan with or without amendment.

Section 134.

24

Adopting the draft local authority service delivery plan.

Section 134A (inserted by section 50 of the Local Government Reform Act 2014).

Section 134A

(inserted by section 50 of the Local Government Reform Act 2014).

25

Directing that certain works shall not proceed.

Section 139.

26

Requiring a particular act, matter or thing to be done or effected in the performance of executive functions of the local authority, other than certain prescribed matters.

Section 140.

27

Authorisation by an elected council of one or more of its members to avail of training or attend training events.

Subsection (5A) (inserted by section 53 of the Local Government Reform Act 2014) of section 141.

28

Authorising representation of the authority by councillors at a conference, seminar or other meeting or event, or to avail of training or attend training events.

Section 142.

29

A decision to pay an allowance for reasonable expenses of Cathaoirleach and Leas-Chathaoirleach and the determination of the amount of the allowance.

Section 143.

30

The appointment, suspension or removal of a chief executive by a county council, a city council, or city and county council.

Sections 145 and 146.

31

Resolving that disposal of land which is held by a local authority shall be carried out in accordance with terms specified in the resolution, or that it shall not be carried out.

Section 183.

32

Making an order to declare an area to be an area of special amenity.

Section 202 of the Act of 2000.

33

Making, or refusing to make, or revocation or amendment of, an order designating any area or place as a landscape conservation area.

Section 204 of the Act of 2000.

34

The adoption of an annual report under section 221.

Section 221.

35

Deciding to hold or to cease to hold membership of an association of local authorities.

Section 225.

36

Declaring that another local authority shall be the successor of a specified joint burial board or cemetery joint committee which is to be dissolved.

Section 230.

37

Deciding that a named member leave a meeting of a local authority.

Paragraph 13 of Schedule 10 (as amended by section 57 of the Local Government Reform Act 2014).

38

Deciding that a named member was the cause of a meeting being adjourned, with a consequential reduction in remuneration and expenses.

Paragraph 13 of Schedule 10 (as amended by section 57 of the Local Government Reform Act 2014).

39

Deciding that a named member was the cause of a meeting being adjourned and should be suspended from attendance at meetings, with a consequential cessation of payment of remuneration and expenses for the suspension period imposed, and the early lifting of the suspension.

Paragraph 13 of Schedule 10 (as amended by section 57 of the Local Government Reform Act 2014).

40

Deciding to pay certain expenses to non-members of a local authority for attendance at committees or joint committees.

Article 9 of the Local Government (Expenses of Local Authority Members) Regulations 1993 (S.I. No. 391 of 1993).

41

Applying to the Minister to make an order under subsection (8) of section 29 of the Local Government Reform Act 2014 that the adjustment period, referred to in that section and applicable to a specified area within the administrative area of the local authority, may be extended by a period not greater than 10 years and stating the length of extension being sought.

Section 29(8) of the Local Government Reform Act 2014.

42

Making or amendment of a scheme for the waiver of rates and determination of classes of property in respect of which rates may be paid by instalments.

Sections 2 and 4 of the Local Government (Rates) Act 1970.

43

Proposing that the boundary of a county, a city, or a city and county be altered, making a statement of response to such proposal, amending the proposal and deciding to make an application to the Minister for the making of an order altering the boundary.

Section 29 of the Local Government Act 1991.

44

Nominating a person to be a candidate at a presidential election.

Section 16 of the Presidential Elections Act 1993.

45

Adopting a purchase scheme applying to the sale of dwellings.

Section 90 (inserted by section 26 of the Housing (Miscellaneous Provisions) Act 1992) of the Housing Act 1966, as amended by section 183.

46

The making of an agreement between authorities to enable a housing authority to perform any of its housing functions outside its functional area.

Section 109 of the Housing Act 1966.

47

The determination of the terms and conditions under which assistance is provided to another housing authority or an approved body.

Section 6 of the Housing (Miscellaneous Provisions) Act 1992.

48

Adoption of a policy for the effective performance of functions under section 58(1) of the Housing Act 1966 or an amendment to such a policy.

Section 9 of the Housing (Miscellaneous Provisions) Act 1992.

49

The transfer, sale or assignment of mortgages, unless it is the subject of a direction by the Minister.

Section 14 of the Housing (Miscellaneous Provisions) Act 1992.

50

The adoption of a traveller accommodation programme or an amendment to, or replacement of, the programme.

Section 7 of the Housing (Traveller Accommodation) Act 1998.

51

The making of an appointment to a local traveller accommodation consultative committee.

Section 22 of the Housing (Traveller Accommodation) Act 1998.

52

The making and amending of a scheme which determines the order of priority for allocation of affordable houses provided under Part V of the Planning and Development Act 2000.

Section 98 of the Act of 2000.

53

Making and amending a scheme that determines the order of priorities for allocation of affordable houses made available for sale under Part 2 of the Housing (Miscellaneous Provisions) Act 2002.

Section 8 of the Housing (Miscellaneous Provisions) Act 2002.

54

The making or amendment of an allocation scheme determining the order of priority to be accorded in the allocation of dwellings.

Section 22 of the Housing (Miscellaneous Provisions) Act 2009.

55

The making and revocation of a rent scheme providing for the manner in which rents and other charges in respect of dwellings shall be determined.

Section 31 of the Housing (Miscellaneous Provisions) Act 2009.

56

The drawing up and adoption of, and the amendment of, an anti-social behaviour strategy.

Section 35 of the Housing (Miscellaneous Provisions) Act 2009.

57

The adoption or amendment of a Homelessness Action Plan.

Section 40 of the Housing (Miscellaneous Provisions) Act 2009.

58

The adoption of a proposal to designate an apartment complex for the purpose of making the apartments available for sale to the tenants.

Section 53 of the Housing (Miscellaneous Provisions) Act 2009.

59

The designation of an apartment complex in accordance with a section 53 proposal.

Section 55 of the Housing (Miscellaneous Provisions) Act 2009.

60

The extension of the initial selling period for apartments in a designated apartment complex.

Section 56 of the Housing (Miscellaneous Provisions) Act 2009.

61

Functions of a road authority in relation to abandonment of a railway line.

Section 21 of the Transport Act 1950.

62

The making of representations by a road authority to the National Roads Authority and to the Minister for Transport regarding a proposed national road alignment.

Section 22 of the Roads Act 1993.

63

The making of a scheme for the establishment of a system of tolls in relation to a regional road or a local road, the making of representations to the National Roads Authority in relation to a toll scheme in relation to a national road and the making of an order revoking a toll scheme in relation to a regional road or a local road.

Sections 57 and 60 (as amended by sections 271 and 273 of the Act of 2000) of the Roads Act 1993.

64

The making of toll bye-laws in relation to a regional road or a local road.

Section 61 (as amended by section 274 of the Act of 2000) of the Roads Act 1993.

65

Entering into an agreement for financing, maintenance, construction and operation of toll roads in relation to a regional road or a local road.

Section 63 (as amended by section 275 of the Act of 2000) of the Roads Act 1993.

66

The making of special speed limit bye-laws.

Section 9 of the Road Traffic Act 2004.

67

The making of bye-laws to regulate and control skips on public roads and the consideration of objections or representations in relation to the draft bye-laws.

Section 72 of the Roads Act 1993.

68

Entering into an agreement with the Commissioners for Public Works in Ireland for the transfer of a bridge over a canal.

Section 16 of the Canals Act 1986.

69

The making of a development plan and making or refusing to make a variation of a development plan which for the time being is in force.

Sections 9, 12 and 13 of the Act of 2000.

70

The revocation or modification of a permission to develop land if the development to which the permission relates no longer conforms with the provisions of the development plan.

Section 44 of the Act of 2000.

71

Making a development contribution scheme.

Section 48 of the Act of 2000.

72

Making or amending a supplementary development contribution scheme.

Section 49 of the Act of 2000.

73

Deciding to make, subject to variations and modifications, or deciding not to make a draft planning scheme for strategic development zones.

Section 169 (as amended by section 51 of the Planning and Development (Amendment) Act 2010) of the Act of 2000.

74

Amending or revoking a planning scheme for strategic development zones.

Section 171 of the Act of 2000.

75

Adoption by a planning authority of a code of conduct for dealing with conflicts of interest and promoting public confidence in the integrity of the conduct of its business.

Section 150 of the Act of 2000.

76

Making or terminating of an agreement by two or more planning authorities for sharing the cost of performing functions under the Planning and Development Act 2000.

Section 244 of the Act of 2000.

77

Directing the manner in which a list of the planning applications received shall be made available to the members of a planning authority.

Article 27 (inserted by the Planning and Development Regulations 2006 (S.I. No. 685 of 2006)) of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

78

Directing the manner in which a list of planning applications in respect of which decisions were given shall be made available to the members of a planning authority.

Article 32 (inserted by the Planning and Development Regulations 2006) of the Planning and Development Regulations 2001.

79

Examining and considering a drainage scheme sent to a county council by the Commissioners of Public Works and providing observations to the Commissioners in regard to such scheme.

Section 5 of the Arterial Drainage Act 1945 and section 5 of the Arterial Drainage (Amendment) Act 1995

80

The consideration of a report on proposed coast protection works and the making of a declaration for the promotion of a coast protection scheme, the consideration of a report by the Commissioners of Public Works and the making of a declaration on the preparation and execution of a coast protection scheme, the making of a declaration that a coast protection scheme is or is not to be proceeded with and the making of an objection to the issue of a certificate of completion.

Sections 2, 5, 8, 10 and 18 of the Coast Protection Act 1963.

81

The making of an agreement by a fire authority to provide services for, or avail of the services of, any body or person other than a fire authority and the making of an agreement between fire authorities for the purpose of any of their functions.

Section 10 of the Fire Services Act 1981.

82

The making and revision by a fire authority of a plan for fire and emergency operations.

Section 26 of the Fire Services Act 1981.

83

The making of a financial contribution by a local authority to support or assist any person, or body of persons, engaged, or proposing to engage, in any research, survey or investigation into the nature and extent, the cause and effect, and the prevention or limitation, of air pollution or in any educational programme relating to such matters.

Section 18 of the Air Pollution Act 1987.

84

The making, revoking or amending by a local authority of a special control area order to prevent or limit air pollution and the giving of consent to the making of such an order by any other local authority.

Section 39 of the Air Pollution Act 1987.

85

Entry into an agreement with the Environmental Protection Agency to exercise or perform any function or service on behalf of the Agency.

Section 45 of the Environmental Protection Agency Act 1992.

86

The making, review, variation or replacement by a local authority of an air quality management plan.

Section 46 of the Air Pollution Act 1987.

87

The making, revision or replacement by a local authority of a water quality management plan.

Section 15 of the Local Government (Water Pollution) Act 1977.

88

The making by a local authority of a contribution to the funds of a person engaged in or proposing to engage in research, surveys or investigations in relation to water pollution.

Section 29 of the Local Government (Water Pollution) Act 1977.

89

The making by a local authority of bye-laws in relation to a harbour under its control or management, including bye-laws with respect to the use of, and the safety of navigation within, a harbour and generally with respect to the regulation of a harbour, and for the purpose of enabling it to impose charges.

Section 89 of the Harbours Act 1996 and section 199.

90

The making by a local authority of bye-laws declaring all or any part of its functional area to be a control area where it is satisfied that horses in that area should be licensed.

Sections 13 and 17 of the Control of Horses Act 1996.

91

The making of bye-laws providing certain exemptions in relation to a horse licence.

Sections 13 and 19 of the Control of Horses Act 1996.

92

The entering by a local authority into arrangements with another local authority, or any termination thereof, in relation to the application for and the granting of horse licences on its behalf.

Sections 13 and 20 of the Control of Horses Act 1996.

93

The making, replacement or revision of a water services strategic plan, an application to the Minister for an extension of not more than 3 months after the latest date for the making of a water services strategic plan, and approving a joint plan, by a water services authority.

Section 36 of the Water Services Act 2007.

94

The making of bye-laws, for the purpose of preventing or eliminating the entry of polluting matter to waters, prohibiting the carrying on of a specified activity.

Section 21 of the Local Government (Water Pollution) (Amendment) Act 1990.

95

The establishment of environmental objectives and the establishment of a programme of measures in order to achieve those objectives in relation to each river basin district.

Article 12 of the European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003).

96

The making and updating of a river basin management plan.

Article 13 of the European Communities (Water Policy) Regulations 2003.

97

The making of bye-laws in relation to presentation of waste for collection.

Section 35 of the Waste Management Act 1996.

98

The adoption of a library development programme.

Section 78.

99

Entry by a local authority into an agreement for the Health Service Executive to perform a function on the authority’s behalf.

Section 8 of the Health Act 2004.

100

The making or revoking of a determination for the provision of meals for children attending a national school situated outside the authority’s functional area.

Section 274 of the Social Welfare (Consolidation) Act 1981.

101

The making by a city council of a scheme in relation to the provision of meals (other than meals in national schools).

Section 279 of the Social Welfare (Consolidation) Act 1981.

102

The making of a decision to provide a public abattoir.

Section 19 of the Abattoirs Act 1988.

103

The making of a scheme dividing a county or city into polling districts and appointing a polling place for each polling district and an appointment of an alternative polling place for a polling district in a scheme for the time being in force.

Section 28 (as amended by section 2 of the Electoral (Amendment) Act 1996) of the Electoral Act 1992.

104

Entry into arrangements under section 15(2) or 15(3) of the Control of Dogs Act 1986and the granting of assistance (other than the provision of services of staff) under section 15(4) of that Act.

Section 15 (as amended by section 6 of the Control of Dogs (Amendment) Act 1992) of the Control of Dogs Act 1986.

105

The making of bye-laws relating to control of dogs.

Section 17 (inserted by section 211) of the Control of Dogs Act 1986.

106

Where regulations provide for the issue of polling information cards by a local authority, a decision to issue them.

Section 27.

107

The passing by a local authority of a resolution that the basic rate of local property tax should stand varied (either upwards or downwards) by a specified percentage in respect of relevant residential properties situated in the local authority’s functional area.

Section 20 of the Finance (Local Property Tax) Act 2012.

108

Establishing, dissolving or replacing a local community development committee.

Section 49A (inserted by section 36(1) of the Local Government Reform Act 2014).

109

Appointment of members of a local community development committee.

Section 128D (inserted by section 36(2) of the Local Government Reform Act 2014).

110

Approving a local and community development programme.

Section 128B (inserted by section 36(2) of the Local Government Reform Act 2014).

111

Adoption of an implementation plan setting out the steps to be taken in respect of a report of the National Oversight and Audit Commission.

Section 126D (inserted by section 61(1) of the Local Government Reform Act 2014).

112

Adoption of a statement indicating the actions already taken or planned to be taken by the chief executive to carry out the directions of the council in relation to the exercise and performance of the reserved functions are not sufficient, stating the reasons for such opinion.

Section 132 (inserted by section 47 of the Local Government Reform Act 2014).

113

The adoption of a Framework for Public Participation in Local Government.

Section 127 (inserted by section 46 of the Local Government Reform Act 2014).

”.

ISB Act 2014-01-27

Schedule 4 Local Government Reform Act 2014 Open official source

SCHEDULE 4 Consequential Provisions Relating to Local Authorities

SCHEDULE 4

Consequential Provisions Relating to Local Authorities

Section 26

Definition (Schedule 4).

1. In this Schedule “relevant day or date” means the 2014 establishment day or the transfer date, as the circumstances require.

Transfer of assets.

2. (1) All assets, whether real or personal (including choses-in-action) which, immediately before the relevant day or date, were vested in or belonged to or were held in trust for a dissolved authority and all rights, powers, licences and privileges relating to or connected with any such assets shall, on the relevant day or date, without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company, be transferred to and become and be vested in or the property of or held in trust for (as the case may require) the successor authority to such dissolved authority for all the estate, term or interest for which the same, immediately before their dissolution, was vested in or belonged to or was held in trust for such dissolved authority but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

(2) Any asset transferred by this paragraph which, immediately before the relevant day or date, was standing in the books of any bank or was registered in the books of any bank, corporation, or company in the name of a dissolved authority shall, upon the request of the successor authority to which such asset was transferred, at any time on or after the relevant day or date, be transferred in such books by such bank, corporation or company into the name of that successor authority.

(3) On and from the relevant day or date, every chose-in-action transferred in accordance with the provisions of this paragraph may be sued upon, recovered or enforced by the successor authority to which it was transferred in its own name, and it shall not be necessary for that authority to give notice to the person bound by such chose-in-action of the transfer effected by this paragraph.

Transfer of liabilities.

3. (1) Every debt and other liability (including stock and mortgage debts, and unliquidated liabilities arising from torts or breaches of contract) which immediately before the relevant day or date was owing and unpaid or had been incurred and was undischarged by a dissolved authority, shall, on that day or date become and be the debt or liability of the successor authority to the dissolved authority and shall be paid or discharged by and may be recovered from or enforced against the successor authority.

(2) Every debt the liability for which is transferred by this paragraph shall, on and after the relevant day or date, be charged on the local fund and the county rate of the successor authority to the dissolved authority.

(3) A dissolution under this Act does not invalidate or otherwise affect any payable order or cheque issued by a dissolved authority and which is not presented for payment before the relevant day or date or any permission or other authority given by a dissolved authority for the payment of the amount of a paying order, and the successor authority shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the relevant day or date.

Transfer of staff.

4. (1) (a) Subject to clause (b) every person who, immediately before the relevant day or date, as the case may be, was a member of the staff of a dissolved authority shall, on such day or date become and be a member of the staff of the relevant successor authority.

(b) Every person who, immediately before the relevant day or date, as the case may be, was a fixed-term employee of a dissolved authority shall, on such day or date, become and be a fixed-term employee of the relevant successor authority for the duration of his or her contract of employment.

(c) Nothing in this paragraph shall be read as affecting the provisions of Public Service Management (Recruitment and Appointments) Act 2004 that relate to the redeployment of staff of a dissolved authority.

(2) Except in accordance with a collective agreement negotiated with a recognised trade union or staff association concerned a person referred to in subparagraph (1) shall not, on the relevant day or date, as the case may be, be brought to less beneficial terms and conditions of service (including those relating to tenure of office) or of remuneration than the terms and conditions of service (including those relating to tenure of office) or of remuneration to which he or she was subject immediately before such day or date.

(3) In subparagraph (2), a reference to terms and conditions of remuneration does not include conditions in relation to superannuation.

(4) In relation to a person referred to in subparagraph (1), previous service with the dissolved authority from which the person was transferred shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following

(a) the Redundancy Payments Acts 1996 to 2011;

(b) the Protection of Employees (Part-Time Work) Act 2001;

(c) the Act of 2003;

(d) the Organisation of Working Time Act 1997;

(e) the Terms of Employment (Information) Acts 1994 to 2012;

(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(g) the Unfair Dismissals Acts 1977 to 2007;

(h) the Maternity Protection Acts 1994 and 2004;

(i) the Parental Leave Acts 1998 and 2006;

(j) the Adoptive Leave Acts 1995 and 2005;

(k) the Carer’s Leave Act 2001.

(5) Any superannuation benefits awarded to or in respect of a person transferred in accordance with this paragraph, and the terms and conditions relating to those benefits, shall be no less favourable than those applicable to or in respect of the person immediately before the commencement of this Act.

(6) In this paragraph—

“Act of 2003” means the Protection of Employees (Fixed-Term Work) Act 2003;

“contract of employment” has the same meaning as it has in the Act of 2003;

“fixed-term employee” has the same meaning as it has in the Act of 2003;

“public service body” has the same meaning as it has in section 3(1) of the Ministers and Secretaries (Amendment) Act 2011;

“recognised trade union or staff association” means a trade union or staff association recognised by the Minister for the purpose of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees;

“previous service with the dissolved authority” includes an entitlement in respect of any service for which the dissolved authority is duly accountable.

Preservation of continuing contracts.

5. Every bond, guarantee or other security of a continuing character made or given by a dissolved authority to another person or by any person to any dissolved authority and in force immediately before the relevant day or date and every contract or agreement in writing made between any dissolved authority and another person and not fully executed and completed before the relevant day or date shall, notwithstanding the dissolution of the authority concerned, continue in force on and after the relevant day or date but shall be construed and have effect as if the name of the successor authority to the dissolved authority were substituted therein for the name of that dissolved authority, and such security, contract or agreement shall be enforceable by or against the successor authority accordingly.

Saving for certain acts and resolutions.

6. (1) Nothing in this Act shall affect the validity of any act that was done before the relevant day or date by or on behalf of a dissolved authority.

(2) Without prejudice to the generality of subparagraph (1) —

(a) any resolution passed, order made or notice given or served, by a dissolved authority before the relevant day or date, the operation, effect or terms of which had not on that day or date ceased or expired shall, in so far as it is not inconsistent with this Act or any order or regulations made thereunder, continue in force and have effect after that day or date as if it were a resolution passed, order made or notice given or served by the successor authority on the date on which the resolution, order or notice, as the case may be, was actually passed, made, given or served by the dissolved authority and as if the functions of the dissolved authority were, on that day or date, performable by the successor authority,

(b) any thing done, or treated by virtue of any enactment as having been done, by, to or in relation to a dissolved authority before the relevant day or date in the exercise or performance of or by such authority of any of its functions shall, on and after the relevant day or date and in so far as it is not inconsistent with this Act or any order or regulations made thereunder, be treated as having been done, by, to or in relation to the successor authority concerned,

(c) any reference in a document to a dissolved authority and to which subparagraph (3) relates shall, on and after the relevant day or date, be construed as a reference to the successor authority concerned.

(3) In this paragraph “thing” includes—

(a) any written agreement or other instrument in writing or any scheme, plan, statement, policy, 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, a dissolved authority,

(b) any direction given, revocation made, or to be treated as having been given or made, by or to a dissolved authority,

(c) any lease, licence, way-leave, permit, certificate, permission, consent, approval, authorisation, exemption, relaxation, acknowledgment or dispensation, whether (where appropriate) relating to land or otherwise, granted or given, or to be treated as having been granted or given, by or to a dissolved authority,

(d) any application, proposal or objection made, or to be treated as having been made, by or to a dissolved authority,

(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 a dissolved authority.

(4) Subparagraphs (2) and (3) shall be interpreted as illustrative and not as restrictive.

Continuance of bye-laws, rules and regulations.

7. Every bye-law, rule and regulation lawfully made by a dissolved authority and in force immediately before the relevant day or date shall, on or after that day or date, so far as it is not inconsistent with this Act or any order or regulation made thereunder and so far as it relates to the administrative area of the successor authority to the dissolved authority or part of that area, continue in force and have effect as a bye-law, rule or regulation made by that successor authority to the dissolved authority in respect of the area for and in respect of which the bye-law, rule or regulation was actually made by the dissolved authority and, accordingly, every such bye-law, rule or regulation may be continued, amended or revoked, and any penalties or forfeitures arising thereunder, before or after the relevant day or date, may be recovered and enforced by that successor authority in the like manner and as fully as the same could have been continued, amended, revoked, recovered or enforced by the dissolved authority as if sections 17 and 24 had not come into force.

Continuation of development plans.

8. The development plans for the administrative area of a dissolved authority so far as they applied and had effect as regards that area immediately prior to the relevant day or date shall, on and from that day or date, be deemed to have been made by the successor authority to the dissolved authority and be development plans for that area as if the functions of the dissolved authority were, on the date on which that plan had been duly made by that dissolved authority, performable by the successor authority.

Admissibility in evidence of documents of dissolved authorities.

9. (1) All books and other documents directed or authorised by or under any enactment to be kept by a dissolved authority and which, immediately before the relevant day or date, would be receivable in evidence shall, notwithstanding the dissolution of such authority, be admitted in evidence on or after the relevant day or date as fully as if this Act had not been enacted.

(2) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any enactment to be kept by a dissolved authority would, if verified in a particular manner by a particular officer of such dissolved authority, have been admissible immediately before the relevant day or date as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if verified in such particular manner by the chief executive of the successor authority concerned or by an officer of that successor authority (whose official position it shall not be necessary to prove) authorised by the chief executive in that behalf, be admitted, on or after the relevant day or date, as evidence of such contents to the same extent as such first-mentioned extract or certificate would have been so admitted if this Act had not been enacted.

Audit of accounts.

10. (1) In respect of the local financial year in which the relevant day or date occurs—

(a) the accounts of each authority to be dissolved shall continue to be maintained by the authority concerned until it is dissolved, and

(b) with effect from the relevant day or date, the accounts of a dissolved authority shall be amalgamated with the accounts of the successor authority and be maintained by the successor authority as if the dissolved authority had been dissolved at the commencement of that year,

and, accordingly, the accounts of the successor authority to be audited for that year shall include the matters to which clause (b) relates and those accounts shall be so audited.

(2) Until the audit required by subparagraph (1) is completed, any employee of a dissolved authority whose duty it is to make up any accounts of or to account for any portion of the income and expenditure of the dissolved authority and every member of a dissolved authority shall, for the purposes of the audit and so far as is practicable, be deemed to continue in office and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as if this Act had not been passed.

Continuance of pending legal proceedings.

11. In any action, suit, prosecution or other legal proceeding which was pending immediately before the relevant day or date in any court or tribunal and to which a dissolved authority was a party, the successor authority to that dissolved authority shall on the relevant day or date become and be a party or parties in the place of the dissolved authority and that successor authority shall accordingly be substituted for such dissolved authority and every such proceeding shall be continued between that successor authority and the other parties to those proceedings, and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of the dissolved authority.

Adoptive Acts.

12. (1) Where any enactment has been adopted by a dissolved authority in respect of the whole or a specified part of its administrative area and the authority had not rescinded such adoption the enactment shall, on and after the relevant day or date, be deemed to have been adopted by the successor authority to the dissolved authority in respect of the area for and in respect of which the same was actually adopted by the dissolved authority and for the purposes of this paragraph that successor authority shall be deemed to have had power to adopt the enactment.

(2) Where any enactment is deemed to have been adopted pursuant to subparagraph (1) such adoption may at any time be rescinded by resolution of the successor authority concerned in respect of all or part of its administrative area.

Local Acts.

13. Every local Act in force immediately before the relevant day or date in, or in relation to, all or any part of the administrative area of a dissolved authority shall, on and after such day or date and so far as it is consistent with the provisions of this Act or any order or regulations made under this Act, be in force in, or in relation to, such part or parts of the administrative area of the successor authority to such dissolved authority as correspond to the area in or in relation to which such Act was in force on such day or date.

Money due in respect of rates or rent.

14. (1) Without prejudice to subparagraph (2), all rates, rent, and other money which immediately before the relevant day or date are due and payable to a dissolved authority shall on and after that day or date become due and be payable to the successor authority concerned and any such rates, rent and money may be collected and recovered by or on behalf of that successor authority in like manner as they could be collected or recovered by or on behalf of the dissolved authority if this Act had not been enacted.

(2) All rates, rent and other money which immediately before the relevant day or date are accruing due to a dissolved authority shall on and after that day or date accrue and be deemed always to have accrued due to the successor authority concerned, and where any such rate, rent or money becomes due and payable the same shall be due and payable to and may be collected and recovered by or on behalf of such successor authority in like manner as it could have been collected or recovered by or on behalf of the dissolved authority if this Act had not been enacted.

(3) Every rate collector of a dissolved authority who is in office as such rate collector immediately before the relevant day or date shall, on and after that day or date unless or until the successor authority to the dissolved authority otherwise directs, collect and recover on behalf of such successor all rates which immediately before that day or date were due and payable to or were accruing due to such dissolved authority and had been given in charge to such rate collector for collection.

(4) For the purposes of this paragraph, the amount of rent payable to a successor authority by a person who was a tenant of a dwelling let by a dissolved authority shall, on the relevant day or date be determined for the period commencing on that day or date and ending on 31 December 2014, in accordance with the rent scheme operated by the dissolved authority under section 58 of the Housing Act 1966 in respect of its dwellings immediately before that day or date.

Valuation lists.

15. (1) The valuation list applicable to a successor authority on the relevant day or date shall be—

(a) except where clause (b) applies, the valuation list (including any revisions) relating to the dissolved authorities concerned last before that day or date as relates to the area comprised in the county or city and county concerned, or

(b) where the Commissioner of Valuation made orders before the relevant day or date under section 19 of the Valuation Act 2001 in respect of the dissolved authorities concerned, the list to which section 33(1) relates.

(2) Where the valuation of any relevant property in the administrative area of a dissolved authority is at any time for any reason revised or altered (including any case where such revision or alteration arises as a result of any appeal or other process commenced before the relevant day or date), the rate shall be assessed in accordance with such revised or altered valuation and may be levied, collected and recovered accordingly by the successor authority concerned.

Continuation of housing allocation schemes.

16. An allocation scheme made under section 22 of the Housing (Miscellaneous Provisions) Act 2009 by a dissolved authority to which section 17 relates that is in force immediately before the 2014 establishment date shall—

(a) be deemed to have been made by the successor authority to the dissolved authority on that date, and

(b) continue to have effect in respect of the former administrative area of the dissolved authority concerned until such time as that successor authority makes an allocation scheme under the said section 22.

Register of electors.

17. With effect from the relevant day or date and until the next following register of electors comes into force—

(a) the register of electors in force for the Limerick registration area shall be the register of electors for Limerick City and County,

(b) the register of electors in force for the Tipperary registration area shall be the register of electors for Tipperary County, and

(c) the register of electors in force for the Waterford registration area shall be the register of electors for Waterford City and County.

Polling districts.

18. With effect from the relevant day or date, and until the first scheme under section 28 of the Electoral Act 1992 in respect of the successor authority is made, the arrangements with respect to polling districts in the areas of the relevant dissolved authorities shall be deemed to be an arrangement with respect to polling districts in the area of the successor authority.

Continuation of membership of certain bodies.

19. (1) Subject to the provisions of this Act and any regulations made under it, all persons appointed (whether by nomination, election or otherwise) as members of any body by a dissolved authority shall continue to be members of the body to which they were so appointed for such period as they would have held such office if this Act had not been enacted save in any case where provision to the contrary is made by any such body.

(2) This paragraph applies to appointments—

(a) of persons who were, immediately before the relevant day or date, members of a dissolved authority who, on or after that day or date, would continue to be members of the authority referred to in subparagraph (1) had such dissolved authority not been dissolved,

(b) of persons to whom clause (a) does not apply,

(c) to bodies whether corporate or unincorporate.

ISB Act 2014-01-27

Schedule 5 Local Government Reform Act 2014 Open official source

SCHEDULE 5 Relevant Body

SCHEDULE 5

Relevant Body

Section 36(3)

“SCHEDULE 16

Relevant Bodies to which Section 128F(1) (d) Relates

(1) Pobal

(2) Avondhu/Blackwater Partnership Limited

(3) Ballyhoura Development Limited

(4) Bray Area Partnership Limited

(5) Breffni Integrated Development Limited

(6) Carlow County Development Partnership Limited

(7) Cill Dara Ar Aghaidh Teoranta

(8) Clare Local Development Company Limited

(9) Comhar na nOileáin Teoranta

(10) Comhair Chathair Chorcaí Teoranta

(11) County Kilkenny LEADER Partnership Company Limited

(12) County Sligo LEADER Partnership Company Limited

(13) Co. Wicklow Community Partnership

(14) Donegal Local Development Company Limited

(15) Fingal Leader Partnership Company Limited

(16) Forum Connemara Limited

(17) Galway City Partnership Limited

(18) Galway Rural Development Company Limited

(19) Inishowen Development Partnership

(20) IRD Duhallow Limited

(21) Laois Community and Enterprise Development Company Limited

(22) Leitrim Integrated Development Company Limited

(23) Longford Community Resources Limited

(24) Louth LEADER Partnership

(25) Mayo North East LEADER Partnership Company Teoranta

(26) Meath Community Rural and Social Development Partnership Limited

(27) Monaghan Integrated Development Limited

(28) North and East Kerry LEADER Partnership Teoranta

(29) North Tipperary LEADER Partnership

(30) Northside Partnership Limited

(31) Offaly Integrated Local Development Company Limited

(32) People Action Against Unemployment Limited

(33) Rathmines Pembroke Community Partnership Limited

(34) Roscommon Integrated Development Company Limited

(35) South and East Cork Area Development Partnership Limited

(36) South Dublin County Partnership Limited

(37) South Kerry Development Partnership Limited

(38) South Tipperary Development Company Limited

(39) South West Mayo Development Company Limited

(40) Southside Partnership DLR Limited

(41) The Ballyfermot / Chapelizod Partnership Company Limited

(42) The Ballymun Partnership Limited

(43) The Blanchardstown Area Partnership Limited

(44) Tolka Area Partnership Limited

(45) Waterford Area Partnership Limited

(46) Waterford LEADER Partnership Limited

(47) West Cork Development Partnership Limited

(48) West Limerick Resources Limited

(49) Westmeath Community Development Limited

(50) Wexford Local Development”.

Local Government Reform Act 2014

Statutory Text (5 Articles)

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