(LRC Revised)

Number 1 of 2019

LOCAL GOVERNMENT ACT 2019

REVISED

Updated to 16 May 2024

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 2019

. 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

Employment (Collective Redundancies and

Miscellaneous Provisions) and Companies (Amendment) Act 2024

(14/2024), enacted 9

May 2024, and all statutory instruments up to and including the

Local Government

(Mayor of Limerick) and Miscellaneous Provisions Act 2024 (Commencement) (No. 2)

Order 2024

(S.I. No. 207 of 2024), made 14 May 2024, 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

1

of

2019

LOCAL GOVERNMENT ACT

2001

REVISED

Updated to 16 May 2024

CONTENTS

PART 1

Preliminary and General

1. Short title, commencement and

collective citation

2. Interpretation

3. Regulations

4. Order under section 34 of Local

Government Act 1991

5. Directions of Minister

6. Expenses

PART 2

Alteration of Cork City and Cork County Boundaries

7. Transfer day

8. Alteration of boundary

9. Transfer of land

10. Delayed transfer of land

11. Other agreements in relation

to land situated in relevant area

12. Transfer of property other

than land

13. Transfer of rights and

liabilities, and continuation of leases, licences and permissions

14. Provisions consequent upon

transfer of assets and liabilities to city council

15. Staff transfer plan

16. Transfer of staff

17. Preparation of maps

18. Cork Boundary Alteration

Implementation Oversight Committee

19. Implementation plan

20. Arrangements for performance

of certain functions

21. Compliance with Act

PART 3

Financial Arrangements consequent upon Cork Boundary Alteration

22. Contribution by county council

to city council in respect of 2019

23. Relevant sums for purposes of

section 24

24. Annual contribution by city

council to county council

25. Other financial

arrangements

PART 4

Other Provisions Consequent upon Cork Boundary Alteration

26. Data sharing by Cork local

authorities

27. Rating area for local

financial year 2019

28. Elections to Cork local

authorities in 2019

29. Polling districts and polling

places

30. Development plans, etc.

relating to relevant area

31. Planning applications and

development contribution schemes

32. Continuation of instruments

applicable to relevant area

33. Saver for certain acts done

before transfer day

34. Outstanding charges

PART 5

Amendment of Enactments Consequent upon Cork Boundary Alteration

35. Amendment of Principal Act

36. Amendment of Local Government

Act 1991

37. Making and review of

development plans by Cork local authorities

38. Amendment of section 3 of Valuation Act 2001

PART 6

Plebiscites on Direct Election of Mayors

39. Interpretation

(

Repealed

)

40. Plebiscite

(

Repealed

)

41. Regulations

(

Repealed

)

42. Electoral offences

(

Repealed

)

43. Persons entitled to vote at a

plebiscite

(

Repealed

)

44. Report to Houses of

Oireachtas

(

Repealed

)

45. Costs of holding

plebiscites

(

Repealed

)

46. Amendment of Electoral Act

1992

(

Repealed

)

PART 7

Miscellaneous

47. Amendment of section 32 of

Official Languages Act 2003

48. Amendment of Building Control

Act 2007

SCHEDULE

Cork Boundary Alteration Implementation Oversight Committee

Acts Referred to

Air Pollution Act 1987 (No. 6)

Boundary Survey (Ireland) Act 1854 (6 Geo. 4, c.17)

Building Control Act 1990 (No. 3)

Building Control Act 2007 (No. 21)

Companies Act 2014 (No. 38)

Control of Dogs Act 1986 (No. 32)

Dangerous Substances Act 1972 (No. 10)

Electoral Act 1992 (No. 23)

Environment (Miscellaneous Provisions) Act 2011 (No. 20)

European Parliament Elections Act 1997 (No. 2)

Finance (Local Property Tax) Act 2012 (No. 52)

Fire Services Act 1981 (No. 30)

Housing (Miscellaneous Provisions) Act 1992 (No. 18)

Housing Acts 1966 to 2015

Litter Pollution Act 1997 (No. 12)

Local Government (Business Improvement Districts) Act 2006 (No. 42)

Local Government (Financial Provisions) (No. 2) Act 1983 (No. 21)

Local Government Act 1991 (No. 11)

Local Government Act 2001 (No. 37)

Local Government Acts 1925 to 2016

Local Government Reform Act 2014 (No. 1)

Minimum Notice and Terms of Employment Acts 1973 to 2005

Official Languages Act 2003 (No. 32)

Organisation of Working Time Act 1997 (No. 20)

Planning and Development (Amendment) Act 2018 (No. 16)

Planning and Development Act 2000 (No. 30)

Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)

Protection of Employees (Part-Time Work) Act 2001 (No. 45)

Redundancy Payments Acts 1967 to 2012

Road Traffic Act 1961 (No. 24)

Road Traffic Act 1994 (No. 7)

Unfair Dismissals Acts 1977 to 2007

Valuation (Amendment) Act 2015 (No. 10)

Valuation Act 2001 (No. 13)

Number

1

of

2019

LOCAL GOVERNMENT ACT

2001

REVISED

Updated to 16 May 2024

An Act to provide for the transfer

of part of the administrative area of the council of the county of Cork to the

administrative area of the council of the city of Cork; to provide for the holding

of

plebiscites by certain local authorities on the question as to whether or not the

cathaoirligh of those local authorities should be elected to such positions by the

electors

of the administrative areas of those local authorities and the question as to whether

or

not certain functions of the chief executives of those local authorities should be

transferred to those cathaoirligh; for those and other purposes to amend the Local

Government Act 1991, the Local Government Act 2001, the Valuation Act 2001, the Official

Languages Act 2003 and certain other enactments; and to provide for matters connected

therewith.

[25

th January

, 2019]

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.

...

...

...

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.

...

...

...

CONTENTS

PART 1

Preliminary and General

1. Short title, commencement and

collective citation

2. Interpretation

3. Regulations

4. Order under section 34 of Local

Government Act 1991

5. Directions of Minister

6. Expenses

PART 2

Alteration of Cork City and Cork County Boundaries

7. Transfer day

8. Alteration of boundary

9. Transfer of land

10. Delayed transfer of land

11. Other agreements in relation

to land situated in relevant area

12. Transfer of property other

than land

13. Transfer of rights and

liabilities, and continuation of leases, licences and permissions

14. Provisions consequent upon

transfer of assets and liabilities to city council

15. Staff transfer plan

16. Transfer of staff

17. Preparation of maps

18. Cork Boundary Alteration

Implementation Oversight Committee

19. Implementation plan

20. Arrangements for performance

of certain functions

21. Compliance with Act

PART 3

Financial Arrangements consequent upon Cork Boundary Alteration

22. Contribution by county council

to city council in respect of 2019

23. Relevant sums for purposes of

section 24

24. Annual contribution by city

council to county council

25. Other financial

arrangements

PART 4

Other Provisions Consequent upon Cork Boundary Alteration

26. Data sharing by Cork local

authorities

27. Rating area for local

financial year 2019

28. Elections to Cork local

authorities in 2019

29. Polling districts and polling

places

30. Development plans, etc.

relating to relevant area

31. Planning applications and

development contribution schemes

32. Continuation of instruments

applicable to relevant area

33. Saver for certain acts done

before transfer day

34. Outstanding charges

PART 5

Amendment of Enactments Consequent upon Cork Boundary Alteration

35. Amendment of Principal Act

36. Amendment of Local Government

Act 1991

37. Making and review of

development plans by Cork local authorities

38. Amendment of section 3 of Valuation Act 2001

PART 6

Plebiscites on Direct Election of Mayors

39. Interpretation

(

Repealed

)

40. Plebiscite

(

Repealed

)

41. Regulations

(

Repealed

)

42. Electoral offences

(

Repealed

)

43. Persons entitled to vote at a

plebiscite

(

Repealed

)

44. Report to Houses of

Oireachtas

(

Repealed

)

45. Costs of holding

plebiscites

(

Repealed

)

46. Amendment of Electoral Act

1992

(

Repealed

)

PART 7

Miscellaneous

47. Amendment of section 32 of

Official Languages Act 2003

48. Amendment of Building Control

Act 2007

SCHEDULE

Cork Boundary Alteration Implementation Oversight Committee

Number

1

of

2019