IE
(LRC Revised)
Statutory Text (1 Articles)
Number 37 of 2001
LOCAL GOVERNMENT ACT 2001
REVISED
Updated to 31 December 2025
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an administrative consolidation of the
Local Government Act 2001
. It is prepared by the Law Reform Commission in accordance with its function under
the
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including the
National Training Fund (Amendment) Act 2025
(21/2025), enacted 23 December 2025, and all statutory instruments up to and
including the
European Union (Restrictive Measures concerning Iraq) Regulations 2026
(S.I. No. 1 of 2026), made 6 January 2026, were considered in the preparation of
this Revised
Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act,
the Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email
to revisedacts@lawreform.ie.
Number
37
of
2001
LOCAL GOVERNMENT ACT 2001
REVISED
Updated to 31 December 2025
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1.
Short title and collective citations.
2.
Interpretation generally.
3.
Construction of enactments.
4.
Regulations, orders and directions.
5.
Repeals, revocation and amendment of enactments.
6.
Savers.
7.
Commencement.
8.
Expenses.
PART 2
Local Government Areas and Local Authorities
9.
Establishment day.
10.
Local government areas.
11.
Establishment, titles and administrative areas of local authorities and consequential
provisions.
PART 3
Local Authority Membership
12.
Eligibility for local authority membership.
13.
Disqualifications from local authority membership.
13A.
Application of disqualification to members of Dáil Éireann and Seanad Éireann.
14.
Prohibition on multiple membership of local authorities.
15.
Offence to act when disqualified.
16.
Cesser of membership.
17.
Term of office.
18.
Resignation from membership.
19.
Casual vacancies.
19A.
Temporary
Absences.
20.
Savers (
Part 3
).
21.
Number of members of local authorities, etc.
22.
Alteration of number of members of local authority.
PART 3A
Municipal Districts
22A.
Municipal districts.
22B.
Members for municipal districts.
22C.
Cathaoirleach of municipal district.
PART 4
Local Elections
23.
Local electoral areas.
24.
Right to vote at local elections.
25.
Prohibition of plural voting.
26.
Year of elections to all local authorities.
26A.
Advance Polling.
27.
Conduct of elections.
28.
Temporary arrangements with respect to certain polling districts and register of electors.
29.
Consequential appointments to certain other bodies.
30.
Savers (
Part 4
).
PART 5
Cathaoirleach and Leas-Chathaoirleach
Chapter 1
General
31.
Cathaoirleach and Leas-Chathaoirleach.
32.
Alternative titles to Cathaoirleach and Leas-Chathaoirleach, etc.
33.
Resignation of Cathaoirleach or Leas-Chathaoirleach.
34.
Removal of Cathaoirleach or Leas-Chathaoirleach from office.
Chapter 2
Election by Local Authority
35.
Application of
Chapter 2
.
(Repealed)
35A.
Application of Chapter to municipal district members.
36.
Annual election of Cathaoirleach and Leas-Chathaoirleach by local authority.
37.
Method of election of Cathaoirleach by local authority.
38.
Casual vacancy in the office of Cathaoirleach or Leas-Chathaoirleach.
Chapter 3
Direct Election
39.
Application of
Chapter 3
.
(Repealed)
40.
Direct election and tenure of Cathaoirleach of county council and city
council.
(Repealed)
41.
Casual vacancy in office of Cathaoirleach of county council or city
council.
(Repealed)
42.
Amendments to certain Acts, relating to direct elections, etc.
(Repealed)
43.
Election petitions in relation to direct elections.
(Repealed)
PART 6
Meetings and Proceedings of Local Authorities
44.
Application (
Part 6
).
45.
Attendance of public and media at meetings.
46.
Meetings administrator.
47.
Effective discharge of business.
PART 7
Committees and Joint Committees
48.
Strategic policy committees.
49.
Municipal
policy committees.
(Repealed)
49A.
Local Community Development Committees.
50.
Area committees.
51.
Committees of local authorities.
52.
Joint committees of local authorities.
53.
Saver for acts of committee or joint committee.
54.
Regulations (
Part 7
).
PART 8
Local Authority Boundary Alteration
55.
Interpretation (
Part 8
).
(Repealed)
56.
Proposal
by local authority for alteration of boundary.
(Repealed)
57.
Application for boundary alteration.
(Repealed)
58.
Supplementary provision to
sections 56
and
57
.
(Repealed)
59.
Minister
may request review.
(Repealed)
60.
Report by
Local Government Commission.
(Repealed)
61.
Power to
alter boundaries, etc.
(Repealed)
62.
Provisions
consequential on boundary alteration.
(Repealed)
PART 9
Functions of Local Authorities
Chapter 1
General Functions of Local Authorities
63.
Statement of local authority functions.
64.
Representational functions of local authorities.
65.
Ancillary functions of local authorities.
66.
Promotion of interests of local community.
66A.
Interpretation (
sections 66A
to
66H
).
66B.
Local economic and community plan.
66C.
Preparation and making of local economic and community plans.
66D.
Publication of local economic and community plans.
66E.
Implementation of the economic elements of local economic and community plans.
66F.
Monitoring and review of economic elements of local economic and community plans.
66G.
Annual Report on monitoring and review of local economic and community plans.
66H.
Regulations and general policy guidelines.
67.
Amenity, recreation and other functions.
68.
Irish language and local authorities.
69.
Local authorities to have regard to certain matters in performing functions, etc.
70.
Exercise of certain functions.
(Repealed)
71.
Objective of unified service to the public.
72.
Transfer of certain functions to local authorities.
73.
Saver (functional area).
Chapter 2
Ceremonial Functions
74.
Civic honours.
75.
Twinning of local authority areas.
76.
Entertainment and associated expenses of local authorities.
Chapter 3
Library and Archival Functions
77.
Library authorities.
78.
Functions of library authorities.
79.
An
Chomhairle Leabharlanna.
(Repealed)
80.
Records and archives of local authorities.
Chapter 4
Non-Public Roads — Local Improvement Schemes
81.
Assistance towards non-public roads.
Chapter 5
Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc.
82.
Definitions (
Chapter 5
).
83.
Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc.
84.
Saver
(
Chapter 5
).
(Repealed)
PART 10
Agreements and arrangements concerning functions
85.
Agreements concerning functions.
86.
Joint discharge of functions and provision of services.
87.
Direction to make agreements.
88.
Savers (
Part 10
).
PART 11
Local Government Commission
89.
Establishment of Local Government Commission.
(Repealed)
90.
Functions of
Commission.
(Repealed)
91.
Members of
Commission.
(Repealed)
92.
Eligibility
and tenure of office of members, etc.
(Repealed)
93.
Meetings and
procedures of Commission.
(Repealed)
94.
Services to
Commission.
(Repealed)
95.
Submissions
to Commission.
(Repealed)
PART 12
Financial Procedures and Audit
Chapter 1
Financial Procedures
96.
Local financial year.
97.
The local fund.
98.
Banking arrangements.
99.
Authorisation of payments.
100.
County council expenditure: town services.
(Repealed)
101.
Expenses of certain town councils.
(Repealed)
102.
Local authority budget.
103.
Local authority budget meeting.
103A.
Schedule of municipal district works.
104.
Limitation on additional expenditure.
105.
Submission of financial statements and reports.
106.
Borrowing and lending of money.
107.
Keeping of accounts.
108.
Consideration of annual financial statement.
109.
Community fund.
110.
Community initiative scheme.
111.
Regulations (
Chapter 1
).
112.
Obligations in case of proposal involving illegal payment, deficiency or loss.
113.
Savers.
Chapter 2
Audit
114.
Interpretation (
Chapter 2
).
115.
Application (
Chapter 2
).
116.
Local Government Audit Service.
117.
Code of audit practice.
118.
Audit procedure.
119.
Right of auditor to inspect documents, obtain information, etc.
120.
Audit opinion and report.
121.
Consideration of annual financial statement and auditor’s report.
122.
Audit committee.
123.
Extraordinary audit.
124.
Re-assignment of audit.
125.
Audit fees.
126.
Certification of claims, returns, etc.
PART 12A
National Oversight and Audit Commission
126A.
Interpretation (
Part 12A
).
126B.
Establishment of Commission.
126C.
Functions of Commission.
126D.
Reports to Minister or appropriate Minister.
126E.
Requests for information, etc., made to local government body, etc.
126F.
Requests for information, etc., made to certain public authorities.
126G.
Submissions to Commission.
126H.
Members of Commission.
126I.
Eligibility and tenure of office of members, etc.
126J.
Meetings and procedures of Commission.
126K.
Governance of Commission.
126L.
Regulations and determinations (
Part 12A
).
PART 13
Chapter 1
Local Authorities and the Local Community
127.
Consultation with local community.
128.
Recognised associations.
Chapter 2
Local Community Development Committees
128A.
Interpretation (
Chapter 2
).
128B.
Functions of Local Community Development Committees.
128C.
Membership of Local Community Development Committees.
128D.
Staffing of Local Community Development Committee.
128E.
Regulations and general policy guidelines.
128F.
Co-operation with Local Community Development Committees.
129.
County or
City Development Boards.
(Repealed)
PART 13A
Business Improvement Districts
129A.
Definitions (
Part 13
).
129B.
Rating authority approval of a business improvement district scheme.
129C.
BID proposal.
129D.
BID proposal to be available to public.
129E.
Public input to BID proposal.
129F.
Next steps after public input.
129G.
BID proposal goes to ratepayer plebiscite.
129H.
Costs of ratepayer plebiscite.
129I.
BID company requirements.
129J.
BID company to meet and adopt first budget following approval of BID scheme.
129K.
Separate BID fund to be established following approval of BID scheme.
129L.
Annual budget for BID scheme.
129M.
Annual BID multiplier.
129N.
Annual BID contribution levy.
129O.
Recalculation of levy in event of total destruction or demolition of property.
129P.
Recalculation of levy if valuation amended during chargeable period.
129Q.
Care and management of BID contribution levies.
129R.
Keeping of accounts and financial statements.
129S.
Early termination of BID schemes.
129T.
Final accounting of BID fund on termination of BID scheme.
PART 14
The Local Government Service
Chapter 1
The Elected Council
130.
Policy role of elected council.
131.
Reserved functions.
131A.
Performance of reserved functions in respect of municipal district members.
131B.
Supplemental provisions to
section 131
and
131A
.
132.
Reserved functions: duty of chief executive.
133.
Corporate policy group.
134.
Corporate plan.
134A.
Local authority service delivery plans.
135.
Report on capital programme.
136.
Furnishing of information to elected council.
137.
Plans, specifications to be prepared for elected council.
138.
Prior information to elected council.
139.
Direction that works not proceed.
140.
Requirement that a particular thing be done.
141.
Duty of members appointed to other bodies.
142.
Members’ expenses, remuneration, etc.
143.
Allowance for Cathaoirleach and Leas-Chathaoirleach.
Chapter 2
Position of Chief Executive
144.
Position of chief executive.
145.
Appointment of chief executive.
146.
Suspension and removal of chief executive.
147.
Tenure of chief executive.
148.
Deputy chief executive.
149.
Executive functions.
149A.
Executive functions and shared services.
Chapter 3
Procedural Matters
150.
Definitions.
151.
Manager acting by signed order.
152.
Attendance of manager at local authority meetings.
153.
Legal proceedings.
154.
Delegation of functions.
Chapter 4
Local Authority Personnel
155.
Definitions (
Chapter 4
).
156.
Appropriate Minister.
157.
Application (
Chapter 4
).
158.
Provisions relating to the employment of persons by local authorities.
159.
Staffing and organisational arrangements.
160.
Qualifications for employment.
161.
Restrictions on local authority employment and membership of a local authority.
162.
Modification of restriction on being employed under certain related bodies.
163.
Amendment of Local Authorities (Officers and Employees) Act, 1926.
164.
Amendment of Unfair Dismissals Act, 1977.
165.
Savers (
Chapter 4
).
PART 15
Ethical Framework for the Local Government Service
166.
Interpretation (
Part 15
).
167.
Application (
Part 15
).
168.
Standards of integrity.
169.
Codes of conduct for Local Government Service.
170.
Prohibition of favours, rewards, etc.
171.
Annual declaration.
172.
Public register of interests.
173.
Ethics registrar.
174.
Duty of ethics registrar, etc.
175.
Declarable interests.
176.
Beneficial interests.
177.
Disclosure by member of local authority of pecuniary or other beneficial interests.
178.
Disclosure by manager for local authority of pecuniary or other beneficial interests.
179.
Disclosure by employee, etc. of local authority of pecuniary or other beneficial interests.
180.
Application of Ethics in Public Office Act, 1995, etc.
181.
Offences (
Part 15
).
182.
Consequences of failure to comply with
sections 171, 177, 178
and
179
.
PART 16
Land
183.
Land disposals, notification of members.
184.
Exercise of certain land functions.
PART 17
Establishment of New Town Councils, etc.
185.
Establishment of town council.
(Repealed)
186.
First
election to town council.
(Repealed)
187.
Dissolution of town council.
(Repealed)
PART 18
Changing of Names of Areas and Display of Names of Streets, etc.
188.
Interpretation.
189.
Changing of placename.
190.
Change of placename of place situated in more than one local authority area.
191.
Daingean Uí Chúis.
192.
General provisions relating to change of names.
193.
Display of name of street or place.
194.
Construction of references.
195.
Changing of name of locality situated in more than one local authority area.
(Repealed)
196.
General provisions relating to change of names.
(Repealed)
197.
Display of name of street, etc.
(Repealed)
PART 19
Bye-Laws
198.
Interpretation (
Part 19
).
199.
Power to make bye-law.
200.
Procedure for making bye-law.
201.
Certain bye-laws to be submitted to appropriate Minister.
202.
Publication of bye-law.
203.
Proof of bye-law.
204.
Obstruction, etc. of authorised person.
205.
Bye-law offences and penalties.
206.
Fixed payment notices.
207.
Prosecution of offences (
Part 19
).
208.
Payments of fines and fixed payments.
209.
Continuation in force of existing bye-laws, etc.
210.
Power to apply (
Part 19
).
211.
Amendment of Control of Dogs Act, 1986.
PART 19A
Entry Year Property Levy
211A.
Definitions.
211B.
Entry year property levy.
211C.
Recalculation of levy in event of total destruction or demolition of property.
211D.
Recalculation of entry year levy if rateable valuation amended.
211E.
Post-entry year property levy in specified circumstances.
211F.
Recalculation of post-entry year levy if rateable valuation amended.
PART 20
Public Local Inquiries
212.
Power to hold public local inquiries.
213.
Power of inspector conducting a public local inquiry.
214.
Power to direct payment of certain costs in relation to a public local inquiry, etc.
PART 21
Consequential Provisions on Failure to Perform Functions
215.
Definitions (
Part 21
).
216.
Failure to perform functions, etc.
217.
Holding of new election after removal of members.
218.
Appointment of commissioners, etc.
219.
Exercise of functions by commissioners.
220.
Linked bodies.
PART 22
Miscellaneous
221.
Annual report.
222.
Returns, information to Minister.
223.
Electoral divisions.
224.
Report by authorised person.
225.
Local authority associations.
226.
Local Authority Members’ Association.
227.
Reclaimed land and structures to form part of local authority area.
228.
Acceptance of gifts by a local authority.
229.
Power of local authorities to enter into contracts, etc.
230.
Joint burial boards.
231.
Joint drainage committees.
232.
Regulations to remove difficulties.
233.
Reduction of grants etc. in certain circumstances.
234.
Offence by body corporate.
235.
Commencement of summary proceedings.
236.
Discharge of certain functions by Minister.
237.
Regional authorities, functions.
237A.
Regulations relating to members of House of Oireachtas.
PART 23
Transfer of Temple Bar Properties Limited to Dublin City Council
238.
Definition (
Part 23
).
239.
Transfer of Temple Bar Properties Limited to Dublin City Council.
240.
Shareholder in Temple Bar Properties Limited.
241.
Transitional (
Part 23
).
242.
Repeals (
Part 23
).
PART 24
Miscellaneous Amendments
243.
Amendment of Electoral Act, 1992.
244.
Amendment of Housing (Traveller Accommodation) Act, 1998.
245.
Amendment of Roads Act, 1993.
246.
Amendment of Abattoirs Act, 1988.
247.
Additional amendments to Planning and Development Act, 2000.
SCHEDULE 1
Acts included in collective citation —
Local Government Acts, 1925 to 2001
SCHEDULE 2
Construction of Certain Terms in Other Enactments
SCHEDULE 3
Enactments Repealed and Revoked
SCHEDULE 4
Minor and consequential Amendments to Acts
SCHEDULE 5
Local Government Areas
SCHEDULE 6
Local Government Areas (Towns)
(Repealed)
SCHEDULE 7
Number of Members of Local Authorities
SCHEDULE 8
Alternative Titles to Cathaoirleach and Leas-Chathaoirleach, etc.
SCHEDULE 9
Minor and Consequential Amendments relating to Direct Elections, etc.
(repealed)
SCHEDULE 10
Meetings and Proceedings of Local Authorities
1.
Local authority meetings.
2.
Place, date and time of meetings.
3.
Day of annual meeting.
4.
Business and public notice of annual meeting.
5.
Local authority budget meeting.
6.
Special meetings.
7.
Notification of meeting and agenda.
8.
Public notice of meetings.
9.
Business of meeting.
10.
Chairing of meetings.
11.
Quorum.
12.
Doing of acts and determination of questions.
13.
Disorderly conduct.
14.
Minutes.
15.
Record of attendance at meetings and address for correspondence.
16.
Standing orders.
17.
Committees.
18.
Right to form groups for certain appointments.
19.
Equity in appointments, etc.
SCHEDULE 11
Local Authority Boundary Alteration
SCHEDULE 12
Acts of the Oireachtas: Functions of Local Authorities
SCHEDULE 13
Amenities, Recreation and Other Functions
SCHEDULE 14
Certain Reserved Functions
SCHEDULE 14A
Reserved Functions
SCHEDULE 15
Functions to be done by Manager’s Order
SCHEDULE 16
Relevant Bodies to which Section 128F(1)(d) Relates
Acts Referred to
Abattoirs Act, 1988
1988, No. 8
Air Pollution Act, 1987
1987, No. 6
Air-raid Precautions Acts, 1939 and 1946
Arterial Drainage Acts, 1945 and 1995
Arts Acts, 1951 and 1973
Building Control Act, 1990
1990, No. 3
Canals Act, 1986
1986, No. 3
Casual Trading Act, 1995
1995, No. 19
City and County Management (Amendment) Act, 1955
1955, No. 12
Civil Service Regulation Act, 1956
1956, No. 46
Coast Protection Act, 1963
1963, No. 12
Commissioners Clauses Act, 1847
10 & 11 Vict. c. 16
Companies Act, 1963
1963, No. 33
Companies Acts, 1963 to 1999
Control of Dogs Act, 1986
1986, No. 32
Control of Dogs Acts, 1986 and 1992
Control of Dogs (Amendment) Act, 1992
1992, No. 13
Control of Horses Act, 1996
1996, No. 37
Cork City Management Act, 1929
1929, No. 1
Cork City Management (Amendment) Act, 1941
1941, No. 5
Cork City Management (Amendment) Act, 1965
1965, No. 8
Coroners Act, 1962
1962, No. 9
Counties and Boroughs (Ireland) Act, 1840
3 & 4 Vict. c. 109
County Dublin Grand Jury Act, 1844
7 & 8 Vict. c. 106
County Management Act, 1940
1940, No. 12
County Management (Amendment) Act, 1942
1942, No. 13
County Management (Amendment) Act, 1972
1972, No. 32
County Treasurers (Ireland) Act, 1867
30 & 31 Vict. c. 46
Courthouses (Provision and Maintenance) Act, 1935
1935, No. 18
Courts (Establishment and Constitution) Act, 1961
1961, No. 38
Dangerous Substances Acts, 1972 and 1979
Derelict Sites Act, 1990
1990, No. 14
Development and Road Improvement Funds Act, 1909
9 Edw. 7. c. 47
Dublin Docklands Development Authority Act, 1997
1997, No. 7
Dublin Transport Authority (Dissolution) Act, 1987
1987, No. 34
Ethics in Public Office Act, 1995
1995, No. 22
Electoral Act, 1963
1963, No. 19
Electoral Act, 1992
1992, No. 23
Electoral Act, 1997
1997, No. 25
Electoral Act, 1992 to 1999
Electoral (Amendment) Act, 1998
1998, No. 4
Environmental Protection Agency Act, 1992
1992, No. 7
European Parliament Elections Act, 1997
1997, No. 2
Finance (Excise Duties) (Vehicles) Act, 1952
1952, No. 24
Fire Services Act, 1981
1981, No. 30
Food Safety Authority of Ireland Act, 1998
1998, No. 29
Foreshore Acts, 1933 to 1998
Gaming and Lotteries Act, 1956
1956, No. 2
Grand Jury (Ireland) Act, 1836
6 & 7 Will. 4 c. 116
Grand Jury (Ireland) Act, 1853
16 & 17 Vict. c. 136
Harbours Act, 1946
1946, No. 9
Harbours Act, 1996
1996, No. 11
Harbours Acts, 1946 to 1976
Health Act, 1970
1970, No. 1
Health Acts, 1947 to 2001
Health (Eastern Regional Health Authority) Act, 1999
1999, No. 13
Health (Fluoridation of Water Supplies) Act, 1960
1960, No. 46
Holidays (Employees) Act, 1973
1973, No. 25
Housing Act, 1966
1966, No. 21
Housing Act, 1988
1988, No. 28
Housing Acts, 1966 to 1998
Housing (Miscellaneous Provisions) Act, 1992
1992, No. 18
Housing (Private Rented Dwellings) Acts, 1982 and 1983
Housing (Traveller Accommodation) Act, 1998
1998, No. 33
Industrial Development Act, 1986
1986, No. 9
Industrial Development Act, 1995
1995, No. 28
Interpretation Act, 1937
1937, No. 38
Limerick City Management Act, 1934
1934, No. 35
Limerick City Management Act, 1950
1950, No. 24
Litter Pollution Act, 1997
1997, No. 12
Local Authorities (Acceptance of Gifts) Act, 1945
1945, No. 30
Local Authorities (Cost of Living) Act, 1940
1940, No. 22
Local Authorities (Cost of Living) (Amendment) Act, 1945
1945, No. 13
Local Authorities (Electrical Employees) Act, 1937
1937, No. 13
Local Authorities (Higher Education Grants) Acts, 1968 to 1992
Local Authorities (Miscellaneous Provisions) Act, 1936
1936, No. 55
Local Authorities (Mutual Assurance) Acts, 1926 to 1935
Local Authorities (Officers and Employees) Act, 1926
1926, No. 39
Local Authorities (Officers and Employees) Acts, 1926 to 1983
Local Authorities (Traffic Wardens) Acts, 1975 and 1987
Local Authorities (Works) Act, 1949
1949, No. 17
Local Elections Acts, 1974 to 1999
Local Elections (Disclosure of Donations and Expenditure) Act, 1999
1999, No. 7
Local Elections (Petitions and Disqualifications) Act, 1974
1974, No. 8
Local Government Act, 1925
1925, No. 5
Local Government Act, 1927
1927, No. 3
Local Government Act, 1941
1941, No. 23
Local Government Act, 1946
1946, No. 24
Local Government Act, 1955
1955, No. 9
Local Government Act, 1958
1958, No. 9
Local Government Act, 1959
1959, No. 10
Local Government (No. 2) Act, 1960
1960, No. 40
Local Government Act, 1991
1991, No. 11
Local Government Act, 1994
1994, No. 8
Local Government Act, 1998
1998, No. 16
Local Government Act, 2000
2000, No. 25
Local Government (Amendment) (No. 2) Act, 1934
1934, No. 44
Local Government Board (Ireland) Act, 1872
35 & 36 Vict. c. 69
Local Government (Buncrana) Act, 1968
1968, No. 2
Local Government (Collection of Rates) Act, 1924
1924, No. 11
Local Government (Dublin) Act, 1930
1930, No. 27
Local Government (Dublin) Act, 1945
1945, No. 8
Local Government (Dublin) Act, 1993
1993, No. 31
Local Government (Financial Provisions) Act, 1978
1978, No. 35
Local Government (Financial Provisions) Act, 1983
1983, No. 10
Local Government (Financial Provisions) (No. 2) Act, 1983
1983, No. 21
Local Government (Financial Provisions) Act, 1997
1997, No. 29
Local Government (Financial Provisions) Act, 2000
2000, No. 6
Local Government (Galway) Act, 1937
1937, No. 3
(Private)
Local Government (Ireland) Act, 1871
34 & 35 Vict. c. 109
Local Government (Ireland) Act, 1898
61 & 62 Vict. c. 37
Local Government (Ireland) Act, 1900
63 & 64 Vict. c. 63
Local Government (Ireland) Act, 1902
2 Edw. 7. c. 38
Local Government (Multi-Storey Buildings) Act, 1988
1988, No. 29
Local Government (Nomination of Presidential Candidates) Act, 1937
1937, No. 36
Local Government (Planning and Development) Acts, 1963 to 1999
Local Government (Rateability of Rents) (Abolition) Act, 1971
1971, No. 15
Local Government (Rates) Act, 1970
1970, No. 2
Local Government (Reorganisation) Act, 1985
1985, No. 7
Local Government (Roads and Drainage) Act, 1968
1968, No. 6
Local Government (Sanitary Services) Act, 1948
1948, No. 3
Local Government (Sanitary Services) Act, 1964
1964, No. 29
Local Government (Sanitary Services) Acts, 1878 to 1995
Local Government (Sanitary Services) (Joint Burial Boards) Act, 1952
1952, No. 22
Local Government (Superannuation) Act, 1980
1980, No. 8
Local Government (Temporary Provisions) (Amendment) Act, 1924
1924, No. 13
Local Government (Water Pollution) Acts, 1977 and 1990
Local Government Services (Corporate Bodies) Act, 1971
1971, No. 6
Local Officers and Servants (Dublin) Act, 1941
1941, No. 15
Malicious Injuries Acts, 1981 and 1986
Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act,
1998
1998, No. 7
Municipal Corporations Act, 1882
45 & 46 Vict. c. 50
Municipal Corporations (Ireland) Act, 1840
3 & 4 Vict. c. 108
Municipal Corporations (Ireland) Act, 1843
6 & 7 Vict. c. 93
Municipal Corporations Mortgages etc. Act, 1860
23 & 24 Vict. c. 16
Municipal Elections (Corrupt and Illegal Practices) Act, 1884
47 & 48 Vict. c. 70
National Archives Act, 1986
1986, No. 11
National Monuments Acts, 1930 to 1994
Organisation of Working Time Act, 1997
1997, No. 20
Petty Sessions (Ireland) Act, 1851
14 & 15 Vict. c. 93
Planning and Development Act, 2000
2000, No. 30
Pounds (Provision and Maintenance) Act, 1935
1935, No. 17
Presidential Elections Act, 1993
1993, No. 28
Prevention of Corruptions Acts, 1889 to 1995
Public Health Acts Amendment Act, 1890
53 & 54 Vict. c. 59
Public Health Acts Amendment Act, 1907
7 Edw. 7. c. 53
Public Health (Ireland) Act, 1878
41 & 42 Vict. c. 52
Public Health (Ireland) Act, 1896
59 & 60 Vict. c. 54
Public Libraries Act, 1947
1947, No. 40
Regional Technical Colleges (Amendment) Act, 1999
1999, No. 20
Road Fund (Grants) (Temporary Provisions) Act, 1962
1962, No. 3
Roads Act, 1993
1993, No. 14
Roads Acts, 1993 and 1998
Road Traffic Acts, 1961 to 1995
Safety, Health and Welfare at Work Act, 1989
1989, No. 7
School Attendance Act, 1926
1926, No. 17
School Attendance Acts, 1926 to 1967
Seanad Electoral (Panel Members) Acts, 1947 and 1954
Social Welfare (Consolidation) Act, 1981
1981, No. 1
Survey (Ireland) Acts, 1825 to 1870
Temple Bar Area Renewal and Development Act, 1991
1991, No. 19
Town Renewal Act, 2000
2000, No. 18
Towns Improvement Clauses Act, 1847
10 & 11 Vict. c. 34
Towns Improvement (Ireland) Act, 1854
17 & 18 Vict. c. 103
Údarás na Gaeltachta Acts, 1979 to 1999
Unemployment (Relief Works) Act, 1940
1940, No. 34
Unfair Dismissals Act, 1977
1977, No. 10
Universities Act, 1997
1997, No. 24
Urban Renewal Act, 1986
1986, No. 19
Urban Renewal Act, 1998
1998, No. 27
Vocational Education Act, 1930
1930, No. 29
Vocational Education Acts, 1930 to 1999
Waste Management Act, 1996
1996, No. 10
Water Supplies Act, 1942
1942, No. 1
Waterford City Management Act, 1939
1939, No. 25
Number
37
of
2001
LOCAL GOVERNMENT ACT 2001
REVISED
Updated to 31 December 2025
AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO LOCAL GOVERNMENT AND, IN
PARTICULAR, TO CONSOLIDATE WITH AMENDMENTS CERTAIN ENACTMENTS RELATING GENERALLY TO
LOCAL AUTHORITIES. [21
st July
, 2001]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering text)
C1
Functions transferred and
references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief
executive" and "deputy chief executive" construed (16.05.2024) by
Local
Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024
(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10.
(1) All functions
(other than functions conferred by or under an enactment specified in Part 1 of
Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach
of Limerick City and County Council shall, on and after that day, vest in the
Mayor.
(2) All functions (other than
functions conferred by or under an enactment specified in Part 2 of Schedule 1)
that, immediately before the vesting day, vested in the chief executive of
Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 1 of
Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the
Cathaoirleach of Limerick City and County Council, be construed as a reference to
the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 2 of
Schedule 1) to chief executive shall, in so far as that reference applies to the
chief executive of Limerick City and County Council, be construed as a reference
to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh
Chomhairleoir
23.
(1) All functions
conferred by or under an enactment specified in Part 1 of Schedule 1 that,
immediately before the vesting day, vested in the Cathaoirleach of Limerick City
and County Council shall, on and after that day, vest in the Príomh
Chomhairleoir.
(2) From the vesting day, a
reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or
Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of
Limerick City and County Council, be construed as a reference to the Príomh
Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the
context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh
Chomhairleoir
25.
(1) All functions
conferred by or under any enactment that, immediately before the vesting day,
vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on
and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a
reference in any enactment to Leas-Chathaoirleach shall, in so far as that
reference applies to the Leas-Chathaoirleach of Limerick City and County Council,
be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a
reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26.
(1) The chief executive
of Limerick City and County Council shall, on and after the vesting day, be known
as the director general of Limerick City and County Council and is in this Act
referred to as the “director general”.
(2) The person who, immediately
before the vesting day, was the chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in an enactment specified in Part 2 of Schedule 1 to chief executive
shall, in so far as that reference applies to the chief executive of Limerick City
and County Council, be construed as a reference to the director general, or as
including a reference to the director general, as the context may require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28.
(1) On and after the
vesting day, a deputy chief executive appointed by the director general under
section 148 of the Principal Act shall be known as the deputy director general of
Limerick City and County Council and is, in this Act, referred to as the “deputy
director general”.
(2) The person who, immediately
before the vesting day, was the deputy chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in any enactment to deputy chief executive shall, in so far as the
reference applies to the deputy chief executive of Limerick City and County
Council, be construed as a reference to the deputy director general, or as
including a reference to the deputy director general, as the context may
require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of
Sections 10 and 23
Number and
Year
(1)
Provision
(2)
Extent of
Modification
(3)
No. 37 of 2001
Local Government Act 2001
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,
34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),
141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),
178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and
220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,
13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule
14.
PART 2
Enactments for Purposes of
Sections 10 and 26
Number and
Year
(1)
Short Title
(2)
Provision
(3)
...
...
...
No. 37 of 2001
Local Government Act 2001
Sections 11(8), 28, 46, 52(5)(d) and (9), 81, 86, 97, 98, 99, 104, 107,
108, 109(5) and (6), 110(6), (9) and (10), 112, 120, 121, 122, 126D(7),
126E(1), 128A, 128D, 128E(2), 129I(5), 129M, 129N, 129O, 129P, 129Q,
129R, 129T, 132, 138, 140, 144(3)(a) and (8), 145, 146, 147, 148, 149,
149A, 151, 152, 153, 158, 160(3) and (4), 166, 167(1)(c), 173(1), 174(8),
178(1), (2), (4) and (5), 179, 180(4)(b) and (c), 211B, 211C, 211D, 211E
and 211F, 214(3), (4) and (5), 229; paragraphs 13(6) and 15(4) of
Schedule 10.
...
...
...
C2
Functions transferred and references construed (27.07.2017) by
Community Development (Transfer of Departmental Administration and Ministerial Functions)
Order 2017
(S.I. No. 357 of 2017), arts. 2, 3 and sch. part 1, in effect as per art. 1(2), subject
to transitional provisions in arts. 4-8.
2. (1) The administration and business in connection with the exercise, performance
or execution of any functions transferred by Article 3 are transferred to the Department
of Rural and Community Development.
(2) References to the Department of Housing, Planning, Community and Local Government
contained in any Act or any instrument made under such Act and relating to any administration
and business transferred by paragraph (1) shall, from the commencement of this Order,
be construed as references to the Department of Rural and Community Development.
3. (1) The functions vested in the Minister for Housing, Planning, Community and Local
Government—
(
a
) by or
under—
(i) the Acts specified in Part 1 of the Schedule,
(ii) the instruments specified in Part 2 of the Schedule,
and
(
b
) in relation
to—
(i) any programmes, schemes and funds arising from the performance of the functions
transferred by this Order, including the programmes, schemes and funds specified in
Part 3 of the Schedule,
(ii) Pobal, and
(iii) Irish Water Safety
are transferred to the Minister for Rural and Community Development.
(2) References to the Minister for Housing, Planning, Community and Local Government
contained in any Act or instrument made under such Act and relating to any functions
transferred by this Article shall, from the commencement of this Order, be construed
as references to the Minister for Rural and Community Development.
...
SCHEDULE
PART 1
...
Sections 49A and 128A to 128F (inserted by section 36 of the Local Government Reform
Act 2014), and section 4 in so far as it relates to regulations made under section
128E or to regulations made for the purposes of enabling section 128E to have full
effect, of the Local Government Act 2001
Sections 66A to 66H (inserted by section 44 of the Local Government Reform Act 2014
(No. 1 of 2014)) of the Local Government Act 2001 (No. 37 of 2001)
Sections 77 (amended by section 5 of, and Part 1 of Schedule 1 to, the Local Government
Reform Act 2014), 78 and 80 of the Local Government Act 2001
Section 127 (inserted by section 46 of the Local Government Reform Act 2014 ) of the
Local Government Act 2001
...
C3
Application of collectively cited
Planning and Development Acts 2000 to 2016
restricted (3.07.2017) by
Planning and Development (Housing) and Residential Tenancies Act 2016
(17/2016), s. 4(1), S.I. No. 270 of 2017.
Strategic housing developments and planning applications
4.
(1) Subject to
subsection (4)
, during the specified period and notwithstanding anything to the contrary contained
in any other provision of the
Planning and Development Acts 2000
to
2016
—
(
a
) an application
for permission for a strategic housing development shall—
(i) be made to the Board under this section and not to a planning authority, other
than an application for permission, the purpose of which is as set out in section
34(3A) of the Act of 2000,
(ii) be so made only where
section 6
(7)(b)
applies or, in the case that a request is made under
section 7
(1)
, when the Board has complied with the request pursuant to
section 7
(2)
,
(iii) be so made only where the applicant for permission has fulfilled the requirements
set out in
section 8
,
(iv) be in such form and contain such information as is prescribed, and
(v) be accompanied by the appropriate fee,
and
(
b
) a copy of the
application, shall be sent by the applicant to the planning authority or
authorities in whose area or areas the proposed strategic housing development
would be situated.
...
C4
Reference to functions of
a town council construed (1.06.2014) by
Local Government Reform Act 2014
(1/2014), S. 25(2), S.I. No. 214 of 2014.
Dissolution of town councils —
consequential provisions
25.
...
(2) A function of a town council
(including a reference construed by section 3(2) of, and Schedule 2 to, the
Principal Act as a reference to a town council and whether of general application
to town councils or otherwise under an enactment) that—
(
a
) has not been repealed
or otherwise provided for by this Act, or
(
b
) is neither spent nor
obsolete,
shall, if the context permits in
respect of one or more than one town council concerned, be read as a reference to
a function of the local authority in whose administrative area the town council so
dissolved is situated.
...
C5
Alternate commencement date for certain amendments by
Local Government Reform Act 2014
(1/2014) prescribed (27.01.2014) by
Local Government Reform Act 2014
(1/2014), s. 28, commenced on enactment as per subs. (5).
Elections to local
authorities in 2014
28.
(1) For the purpose of holding in 2014 elections of members of local authorities—
(
a
) the local
government areas provided for by section 10 of, and Schedule 5 to, the Principal
Act shall have effect as amended by
section 12
,
(
b
) the amendments
by
section 14
to section 11 of the Principal Act shall have
effect,
(
c
) the numbers of
members of local authorities provided for in section 21 of, and Schedule 7 to, the
Principal Act shall have effect as amended by
section 15
,
(
d
) the amendments
by
section 20
(1)
to section 23 of the Principal Act shall have
effect,
(
e
) such other
amendments by this Act to the Principal Act as are necessary to enable the holding
of local elections shall have effect, including amendments to section 2 of the
Principal Act,
(
f
) the Electoral
Acts 1992 to 2014, the Local Elections Acts 1974 to 2012 and the Local Elections
Regulations 1995 (
S.I. No. 297 of 1995
) shall have effect as amended by
section 5
(4)
and
Part 2
of
Schedule 2
, and
(
g
) Schedule 6 to
the Principal Act shall not have effect.
(2) For the purpose of
subsection (1)
and for the purpose of holding elections to local authorities after 2014, regulations
and orders may be made by the Minister under the appropriate provisions of the Local
Government Acts 1925 to 2014 having regard to
paragraphs (a)
to
(f)
of
subsection (1)
.
...
(5) This section has effect upon the passing of this Act.
C6
Application of collectively cited
Local Government (Sanitary Services) Acts 1878 to 2001
and
Local Government Acts 1925 to 2003
and
Roads Acts 1993 to 2007
affected (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg.
1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for
European Sites
42. ...
(22) Notwithstanding any provision of any statute listed in the
Second Schedule
that provides for the consent for a plan or project to which this Regulation applies
to be obtained by default on the failure of the public authority to provide a response
within a specified timescale or otherwise, that provision shall not have effect in
respect of any plan or project to which this Regulation applies.
...
Review of existing plans
46. ...
(3) For the purposes of
this Regulation, a decision, including a decision to adopt or undertake, or give
approval for a plan, may include those adopted, undertaken or approved pursuant to
any of the enactments set out in the Second Schedule to these Regulations.
...
General provisions regarding licences etc
63. ...
(2) A licence, consent,
permission, permit, derogation or other authorisation given under these
Regulations or under any of the enactments referred to in the
Second
Schedule
may include conditions requiring compliance with any guideline or
code of practice issued under
Regulation 71
or such provisions thereof as
may be specified in the conditions.
...
SECOND SCHEDULE
Number
Year
Short Title/Citation
...
...
...
...
...
...
...
...
...
Local Government (Sanitary Services) Acts 1878 to 2001
...
Local Government Acts 1925 to 2003
...
Roads Acts 1993 to 2007
...
C7
Functions transferred from “specified bodies” to the “Executive” (1.01.2005) by
Health Act 2004
(42/2004), s. 59 and sch. 3, S.I. No. 887 of 2004.
Transfer of functions of specified bodies to Executive.
59.
—(1) The
functions that, immediately before the establishment day, were the functions of a
specified body under or in connection with the enactments referred to in Schedule
3 are, by this Act, transferred to the Executive on that day.
(2) If a provision of an enactment
referred to in Schedule 3 , or a provision of an instrument made under such
enactment, does not come into effect until on or after the establishment day, a
function that on the passing of that enactment or the making of that instrument
was assigned under or in connection with that provision to a specified body is, by
this Act, transferred to the Executive on the commencement of that provision.
(3) The functions transferred by
this Act to the Executive include the functions specified in any enactment
referred to in Schedule 3 as a function of the following
(
a
) the chief executive
officer of a health board;
(
b
) the Regional Chief
Executive of the Eastern Regional Health Authority;
(
c
) the area chief
executive of an Area Health Board.
(4) This section does not apply in
relation to the functions of the Hospital Bodies Administrative Bureau.
...
SCHEDULE 3
Transfer of Functions and References to Functional
Areas
Section 59 and 67 .
...
61.
Local Government Act 2001
59
...
C8
Application of collectively cited
Roads Acts 1993 to 2007
restricted by
Planning and Development Act 2000
(30/2000), s. 177V(3), as inserted (21.09.2011) by
Planning and Development (Amendment) Act 2010
(30/2010), s. 57, S.I. No. 475 of 2011.
[Appropriate assessment.
177V.
— ...
(3) Notwithstanding any other provision of this Act, or, as appropriate, the Act of
2001, or the Roads Acts 1993 to 2007, a competent authority shall make a Land use
plan or give consent for proposed development only after having determined that the
Land use plan or proposed development shall not adversely affect the integrity of
a European site.
...
]
Editorial Notes
E1
Making any relevant communications about the development or zoning of land under
collectively cited
Planning and Development Acts 2000 to 2014
designated as lobbying activity (1.09.2015) by
Regulation of Lobbying Act 2015
(5/2015), s. 5(1), S.I. No. 152 of 2015.
Annotations
Modifications (not altering text)
C1
Functions transferred and
references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief
executive" and "deputy chief executive" construed (16.05.2024) by
Local
Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024
(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10.
(1) All functions
(other than functions conferred by or under an enactment specified in Part 1 of
Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach
of Limerick City and County Council shall, on and after that day, vest in the
Mayor.
(2) All functions (other than
functions conferred by or under an enactment specified in Part 2 of Schedule 1)
that, immediately before the vesting day, vested in the chief executive of
Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 1 of
Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the
Cathaoirleach of Limerick City and County Council, be construed as a reference to
the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 2 of
Schedule 1) to chief executive shall, in so far as that reference applies to the
chief executive of Limerick City and County Council, be construed as a reference
to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh
Chomhairleoir
23.
(1) All functions
conferred by or under an enactment specified in Part 1 of Schedule 1 that,
immediately before the vesting day, vested in the Cathaoirleach of Limerick City
and County Council shall, on and after that day, vest in the Príomh
Chomhairleoir.
(2) From the vesting day, a
reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or
Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of
Limerick City and County Council, be construed as a reference to the Príomh
Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the
context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh
Chomhairleoir
25.
(1) All functions
conferred by or under any enactment that, immediately before the vesting day,
vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on
and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a
reference in any enactment to Leas-Chathaoirleach shall, in so far as that
reference applies to the Leas-Chathaoirleach of Limerick City and County Council,
be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a
reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26.
(1) The chief executive
of Limerick City and County Council shall, on and after the vesting day, be known
as the director general of Limerick City and County Council and is in this Act
referred to as the “director general”.
(2) The person who, immediately
before the vesting day, was the chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in an enactment specified in Part 2 of Schedule 1 to chief executive
shall, in so far as that reference applies to the chief executive of Limerick City
and County Council, be construed as a reference to the director general, or as
including a reference to the director general, as the context may require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28.
(1) On and after the
vesting day, a deputy chief executive appointed by the director general under
section 148 of the Principal Act shall be known as the deputy director general of
Limerick City and County Council and is, in this Act, referred to as the “deputy
director general”.
(2) The person who, immediately
before the vesting day, was the deputy chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in any enactment to deputy chief executive shall, in so far as the
reference applies to the deputy chief executive of Limerick City and County
Council, be construed as a reference to the deputy director general, or as
including a reference to the deputy director general, as the context may
require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of
Sections 10 and 23
Number and
Year
(1)
Provision
(2)
Extent of
Modification
(3)
No. 37 of 2001
Local Government Act 2001
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,
34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),
141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),
178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and
220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,
13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule
14.
PART 2
Enactments for Purposes of
Sections 10 and 26
Number and
Year
(1)
Short Title
(2)
Provision
(3)
...
...
...
No. 37 of 2001
Local Government Act 2001
Sections 11(8), 28, 46, 52(5)(d) and (9), 81, 86, 97, 98, 99, 104, 107,
108, 109(5) and (6), 110(6), (9) and (10), 112, 120, 121, 122, 126D(7),
126E(1), 128A, 128D, 128E(2), 129I(5), 129M, 129N, 129O, 129P, 129Q,
129R, 129T, 132, 138, 140, 144(3)(a) and (8), 145, 146, 147, 148, 149,
149A, 151, 152, 153, 158, 160(3) and (4), 166, 167(1)(c), 173(1), 174(8),
178(1), (2), (4) and (5), 179, 180(4)(b) and (c), 211B, 211C, 211D, 211E
and 211F, 214(3), (4) and (5), 229; paragraphs 13(6) and 15(4) of
Schedule 10.
...
...
...
C2
Functions transferred and references construed (27.07.2017) by
Community Development (Transfer of Departmental Administration and Ministerial Functions)
Order 2017
(S.I. No. 357 of 2017), arts. 2, 3 and sch. part 1, in effect as per art. 1(2), subject
to transitional provisions in arts. 4-8.
2. (1) The administration and business in connection with the exercise, performance
or execution of any functions transferred by Article 3 are transferred to the Department
of Rural and Community Development.
(2) References to the Department of Housing, Planning, Community and Local Government
contained in any Act or any instrument made under such Act and relating to any administration
and business transferred by paragraph (1) shall, from the commencement of this Order,
be construed as references to the Department of Rural and Community Development.
3. (1) The functions vested in the Minister for Housing, Planning, Community and Local
Government—
(
a
) by or
under—
(i) the Acts specified in Part 1 of the Schedule,
(ii) the instruments specified in Part 2 of the Schedule,
and
(
b
) in relation
to—
(i) any programmes, schemes and funds arising from the performance of the functions
transferred by this Order, including the programmes, schemes and funds specified in
Part 3 of the Schedule,
(ii) Pobal, and
(iii) Irish Water Safety
are transferred to the Minister for Rural and Community Development.
(2) References to the Minister for Housing, Planning, Community and Local Government
contained in any Act or instrument made under such Act and relating to any functions
transferred by this Article shall, from the commencement of this Order, be construed
as references to the Minister for Rural and Community Development.
...
SCHEDULE
PART 1
...
Sections 49A and 128A to 128F (inserted by section 36 of the Local Government Reform
Act 2014), and section 4 in so far as it relates to regulations made under section
128E or to regulations made for the purposes of enabling section 128E to have full
effect, of the Local Government Act 2001
Sections 66A to 66H (inserted by section 44 of the Local Government Reform Act 2014
(No. 1 of 2014)) of the Local Government Act 2001 (No. 37 of 2001)
Sections 77 (amended by section 5 of, and Part 1 of Schedule 1 to, the Local Government
Reform Act 2014), 78 and 80 of the Local Government Act 2001
Section 127 (inserted by section 46 of the Local Government Reform Act 2014 ) of the
Local Government Act 2001
...
C3
Application of collectively cited
Planning and Development Acts 2000 to 2016
restricted (3.07.2017) by
Planning and Development (Housing) and Residential Tenancies Act 2016
(17/2016), s. 4(1), S.I. No. 270 of 2017.
Strategic housing developments and planning applications
4.
(1) Subject to
subsection (4)
, during the specified period and notwithstanding anything to the contrary contained
in any other provision of the
Planning and Development Acts 2000
to
2016
—
(
a
) an application
for permission for a strategic housing development shall—
(i) be made to the Board under this section and not to a planning authority, other
than an application for permission, the purpose of which is as set out in section
34(3A) of the Act of 2000,
(ii) be so made only where
section 6
(7)(b)
applies or, in the case that a request is made under
section 7
(1)
, when the Board has complied with the request pursuant to
section 7
(2)
,
(iii) be so made only where the applicant for permission has fulfilled the requirements
set out in
section 8
,
(iv) be in such form and contain such information as is prescribed, and
(v) be accompanied by the appropriate fee,
and
(
b
) a copy of the
application, shall be sent by the applicant to the planning authority or
authorities in whose area or areas the proposed strategic housing development
would be situated.
...
C4
Reference to functions of
a town council construed (1.06.2014) by
Local Government Reform Act 2014
(1/2014), S. 25(2), S.I. No. 214 of 2014.
Dissolution of town councils —
consequential provisions
25.
...
(2) A function of a town council
(including a reference construed by section 3(2) of, and Schedule 2 to, the
Principal Act as a reference to a town council and whether of general application
to town councils or otherwise under an enactment) that—
(
a
) has not been repealed
or otherwise provided for by this Act, or
(
b
) is neither spent nor
obsolete,
shall, if the context permits in
respect of one or more than one town council concerned, be read as a reference to
a function of the local authority in whose administrative area the town council so
dissolved is situated.
...
C5
Alternate commencement date for certain amendments by
Local Government Reform Act 2014
(1/2014) prescribed (27.01.2014) by
Local Government Reform Act 2014
(1/2014), s. 28, commenced on enactment as per subs. (5).
Elections to local
authorities in 2014
28.
(1) For the purpose of holding in 2014 elections of members of local authorities—
(
a
) the local
government areas provided for by section 10 of, and Schedule 5 to, the Principal
Act shall have effect as amended by
section 12
,
(
b
) the amendments
by
section 14
to section 11 of the Principal Act shall have
effect,
(
c
) the numbers of
members of local authorities provided for in section 21 of, and Schedule 7 to, the
Principal Act shall have effect as amended by
section 15
,
(
d
) the amendments
by
section 20
(1)
to section 23 of the Principal Act shall have
effect,
(
e
) such other
amendments by this Act to the Principal Act as are necessary to enable the holding
of local elections shall have effect, including amendments to section 2 of the
Principal Act,
(
f
) the Electoral
Acts 1992 to 2014, the Local Elections Acts 1974 to 2012 and the Local Elections
Regulations 1995 (
S.I. No. 297 of 1995
) shall have effect as amended by
section 5
(4)
and
Part 2
of
Schedule 2
, and
(
g
) Schedule 6 to
the Principal Act shall not have effect.
(2) For the purpose of
subsection (1)
and for the purpose of holding elections to local authorities after 2014, regulations
and orders may be made by the Minister under the appropriate provisions of the Local
Government Acts 1925 to 2014 having regard to
paragraphs (a)
to
(f)
of
subsection (1)
.
...
(5) This section has effect upon the passing of this Act.
C6
Application of collectively cited
Local Government (Sanitary Services) Acts 1878 to 2001
and
Local Government Acts 1925 to 2003
and
Roads Acts 1993 to 2007
affected (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg.
1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for
European Sites
42. ...
(22) Notwithstanding any provision of any statute listed in the
Second Schedule
that provides for the consent for a plan or project to which this Regulation applies
to be obtained by default on the failure of the public authority to provide a response
within a specified timescale or otherwise, that provision shall not have effect in
respect of any plan or project to which this Regulation applies.
...
Review of existing plans
46. ...
(3) For the purposes of
this Regulation, a decision, including a decision to adopt or undertake, or give
approval for a plan, may include those adopted, undertaken or approved pursuant to
any of the enactments set out in the Second Schedule to these Regulations.
...
General provisions regarding licences etc
63. ...
(2) A licence, consent,
permission, permit, derogation or other authorisation given under these
Regulations or under any of the enactments referred to in the
Second
Schedule
may include conditions requiring compliance with any guideline or
code of practice issued under
Regulation 71
or such provisions thereof as
may be specified in the conditions.
...
SECOND SCHEDULE
Number
Year
Short Title/Citation
...
...
...
...
...
...
...
...
...
Local Government (Sanitary Services) Acts 1878 to 2001
...
Local Government Acts 1925 to 2003
...
Roads Acts 1993 to 2007
...
C7
Functions transferred from “specified bodies” to the “Executive” (1.01.2005) by
Health Act 2004
(42/2004), s. 59 and sch. 3, S.I. No. 887 of 2004.
Transfer of functions of specified bodies to Executive.
59.
—(1) The
functions that, immediately before the establishment day, were the functions of a
specified body under or in connection with the enactments referred to in Schedule
3 are, by this Act, transferred to the Executive on that day.
(2) If a provision of an enactment
referred to in Schedule 3 , or a provision of an instrument made under such
enactment, does not come into effect until on or after the establishment day, a
function that on the passing of that enactment or the making of that instrument
was assigned under or in connection with that provision to a specified body is, by
this Act, transferred to the Executive on the commencement of that provision.
(3) The functions transferred by
this Act to the Executive include the functions specified in any enactment
referred to in Schedule 3 as a function of the following
(
a
) the chief executive
officer of a health board;
(
b
) the Regional Chief
Executive of the Eastern Regional Health Authority;
(
c
) the area chief
executive of an Area Health Board.
(4) This section does not apply in
relation to the functions of the Hospital Bodies Administrative Bureau.
...
SCHEDULE 3
Transfer of Functions and References to Functional
Areas
Section 59 and 67 .
...
61.
Local Government Act 2001
59
...
C8
Application of collectively cited
Roads Acts 1993 to 2007
restricted by
Planning and Development Act 2000
(30/2000), s. 177V(3), as inserted (21.09.2011) by
Planning and Development (Amendment) Act 2010
(30/2010), s. 57, S.I. No. 475 of 2011.
[Appropriate assessment.
177V.
— ...
(3) Notwithstanding any other provision of this Act, or, as appropriate, the Act of
2001, or the Roads Acts 1993 to 2007, a competent authority shall make a Land use
plan or give consent for proposed development only after having determined that the
Land use plan or proposed development shall not adversely affect the integrity of
a European site.
...
]
Editorial Notes
E1
Making any relevant communications about the development or zoning of land under
collectively cited
Planning and Development Acts 2000 to 2014
designated as lobbying activity (1.09.2015) by
Regulation of Lobbying Act 2015
(5/2015), s. 5(1), S.I. No. 152 of 2015.