Local Government Act , 1991

PART I Preliminary and General

1 Short title, collective citations, construction and commencement.

1.—(1) This Act may be cited as the Local Government Act, 1991.

(2) The Local Government Acts, 1925 to 1985, and this Act may be cited together as the Local Government Acts, 1925 to 1991, and shall be construed together as one Act.

(3) The County Management Acts, 1940 to 1988, and so much of this Act as relates to the management of counties, elective bodies and the county borough of Galway may be cited together as the County Management Acts, 1940 to 1991.

(4) The Cork City Management Acts, 1929 to 1988, and so much of this Act as relates to the management of the county borough of Cork may be cited together as the Cork City Management Acts, 1929 to 1991.

(5) The Local Government (Dublin) Acts, 1930 to 1988, and so much of this Act as relates to the management of the county borough of Dublin may be cited together as the Local Government (Dublin) Acts, 1930 to 1991.

(6) The Limerick City Management Acts, 1934 to 1988, and so much of this Act as relates to the management of the county borough of Limerick may be cited together as the Limerick City Management Acts, 1934 to 1991.

(7) The Waterford City Management Acts, 1939 to 1988, and so much of this Act as relates to the management of the county borough of Waterford may be cited together as the Waterford City Management Acts, 1939 to 1991.

(8) The Local Elections Acts, 1963 to 1986, Part III and so much of the Local Government (Reorganisation) Act, 1985, and Part IV as relates to local elections may be cited together as the Local Elections Acts, 1963 to 1991.

(9) The Local Government (Planning and Development) Acts, 1963 to 1990, and section 45 may be cited together as the Local Government (Planning and Development) Acts, 1963 to 1991.

(10) This Act shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions and for the repeal and revocation effected by section 4 of different enactments.

2 Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“committee” means a committee established under section 37;

“direction” means a direction in writing;

“elective body” means an elective body for the purposes of the County Management Acts, 1940 to 1988;

“enactment” includes an instrument made under an enactment;

“functions” includes powers and duties and a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties;

“joint committee” means a joint committee established under section 38;

“local authority” means a local authority for the purposes of the Local Government Act, 1941;

“local elections” has the meaning assigned to it by section 81 of the Electoral Act, 1963;

“local electoral area” has the meaning assigned to it by section 80 of the Electoral Act, 1963;

“manager” means—

(a) as respects the corporation of a county borough, the manager for the purposes of the Acts relating to the management of the county borough, and

(b) as respects the council of a county or an elective body, the manager for the purposes of the County Management Acts, 1940 to 1988;

“the Minister” means the Minister for the Environment;

“prescribed” means prescribed by regulations made by the Minister and cognate words shall be construed accordingly;

“public authority” means—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) a harbour authority within the meaning of the Harbours Act, 1946,

(d) a health board,

(e) a board or other body (but not including a company) established by or under statute,

(f) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

(g) a company in which all the shares are held by a board, company or other body referred to in paragraph (e) or (f) of this definition;

“report” means a report of a local authority under section 50;

“reserved function” means—

(a) in the case of the council of a county or an elective body, a reserved function for the purposes of the County Management Acts, 1940 to 1988;

(b) in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough, and

(c) any function as respects which a resolution is provided for by this Act.

(2) In this Act—

(a) a reference to a Part, section or Schedule is to a Part or section of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,

(c) a reference to any provision of this Act shall, where appropriate, be construed as a reference to that provision as modified by regulations under section 52.

(3) In this Act, a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).

3 Regulations, orders and directions.

3.—(1) The Minister may make regulations for any purpose of this Act.

(2) Without prejudice to any other provision of this Act, a regulation or order under this Act may provide for such incidental, consequential, supplementary or transitional provisions (including provisions for the purpose of securing the continuity of any provision of this Act with any provision of any other Act or instrument repealed, revoked, amended or otherwise affected by this Act or by any regulations or order made there under) as may appear to the Minister to be appropriate for the purposes of this Act or any regulations or order made thereunder.

(3) Regulations or an order under this Act may—

(a) apply to local authorities generally, to a specified class or classes of local authorities, to a particular local authority or to a particular part of the functional area of a local authority,

(b) contain different provisions in relation to different local authorities,

(c) provide for the giving of directions by the Minister (including directions amending or revoking any such directions).

(4) A regulation under this Act (other than a regulation under subsection (1) or (2) of section 52) or an order under this Act (other than an order under section 1 (10) or 12 or an order under section 31 relating to the alteration of the boundary of a county or county borough) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation or order is passed by either such House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(5) An order under section 1 (10) shall be laid before each House of the Oireachtas as soon as may be after it is made.

(6) Where it is proposed to make an order under section 12 or 31 in relation to the boundary of a county or county borough, or regulations under subsection (1) or (2) of section 52, a draft of the order or regulations, as the case may be, shall be laid before each House of the Oireachtas and the order or regulations, as the case may be, shall not be made until a resolution approving of the draft has been passed by each such House.

(7) The Minister may—

(a) by order, amend or revoke any order under this Act (other than an order under section 1 (10) but including an order under this subsection), and

(b) by direction amend or revoke a direction under this Act (including a direction under this subsection).

(8) A person to whom a direction is given under this Act shall comply therewith.

(9) This section does not apply to an order under subsection (1) of section 9 and this section (other than subsection (4)) does not apply to an order under subsection (2) of that section.

4 Repeals and revocations.

4.—(1) The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in column (3) of the Schedule.

(2) Articles 25, 26 and 27 of the Schedule to the Local Government (Application of Enactments) Order, 1898, the Local Authorities (Allowances to Members) Order, 1946, the Local Conferences Order, 1947 and the Local Authorities (Travelling Expenses of Members) (No. 2) Order, 1947 are hereby revoked.

PART II Functions of Local Authorities

5 Representational functions of local authorities.

5.—(1) A local authority may represent the interests of the local community in such manner as it thinks appropriate.

(2) Without prejudice to the generality of subsection (1), a local authority may for the purposes of giving effect to that subsection—

(a) ascertain and communicate to other local authorities and public authorities the views of the local community in relation to matters as respects which those other authorities perform functions and which affect the interests of the functional area of the authority and the local community,

(b) facilitate and promote interest and involvement in local government affairs,

(c) promote, organise or assist the carrying out of research, surveys or studies with respect to the local community.

(3) The making of a decision by a local authority in relation to the representation of the views of the local community under this section shall be a reserved function.

(4) Nothing in this section shall be construed as imposing on a local authority, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.

6 General competence of local authorities.

6.—(1) (a) A local authority may, subject to the provisions of this section, take such measures, engage in such activities or do such things in accordance with law (including the incurring of expenditure) as it considers necessary or desirable to promote the interests of the local community.

(b) For the purposes of this section a measure, activity or thing shall be deemed to promote the interests of the local community if it promotes, directly or indirectly, the social, economic, environmental, recreational, cultural, community or general development of the functional area (or any part thereof) of the local authority concerned or of the local community (or any group consisting of members thereof).

(2) For the purposes of giving effect to subsection (1) and without prejudice to the generality of that subsection, a local authority may—

(a) (i) carry out and maintain works of any kind,

(ii) provide, maintain, preserve or restore land, structures of any kind or facilities,

(iii) fit out, furnish or equip any building, structure or facility for particular purposes,

(iv) provide utilities, equipment or materials for particular purposes,

(v) provide any service or other thing or engage in any activity that, in the opinion of the authority, is likely to benefit the local community;

(b) provide assistance in money or in kind, upon and subject to such terms and conditions as the authority considers appropriate, to persons engaging in any activity that, in the opinion of the authority, benefits the local community;

(c) provide assistance in money or in kind, (including the provision of prizes and other incentives), upon and subject to such terms and conditions as the authority considers appropriate in respect of the organisation or promotion of, competitions, seminars, exhibitions, displays, festivals or other events, or organise or promote such events;

(d) enter into such contracts and other arrangements as the authority considers necessary or expedient.

(3) In this section—

“land” includes land covered by water;

“assistance in money or in kind” includes—

(a) grants, loans, guarantees or other financial aid,

(b) land and structures of any kind and services, facilities or equipment related thereto,

(c) plant, machinery or equipment or the carrying out of works,

(d) the services of staff of the local authority concerned,

(e) financial aid in relation to the employment of staff, and

(f) professional or technical assistance.

(4) A decision by a local authority under this section (other than the provision of services of staff of the local authority) shall be a reserved function.

(5) A local authority shall not, by virtue of this section, perform any function (including the incurring of expenditure or any liability, whether contractual or otherwise) which is conferred on the authority by any other provision of this or of any other enactment.

(6) A local authority shall not, by virtue of this section, undertake or provide assistance for the undertaking of any activity that would prejudice or duplicate activity arising from the performance of a statutory function by any person in the functional area of the authority or that would, having regard to the activities or proposed activities of that person in relation to the area, involve wasteful or unnecessary expenditure by the local authority.

(7) (a) The Minister may, with the consent of the Minister for Finance, prescribe matters in respect of which a local authority shall not exercise the powers conferred by this section or in respect of which such exercise shall be subject to prescribed terms or conditions.

(b) Expenditure (including the incurring of any liability, whether contractual or otherwise) by a local authority in respect of the performance of its functions under this section (whether in respect of a particular activity or otherwise or in respect of a particular period or otherwise) shall not exceed such amount as may be prescribed.

(8) Particulars of the performance by a local authority of its functions under this section in any financial year shall be recorded in the report of the authority for that year.

7 Local authorities to have regard to certain matters in performing functions.

7.—(1) Subject to subsection (2), a local authority, in performing the functions conferred on it by or under this or any other enactment, shall have regard to—

(a) the resources, wherever originating, that are available or likely to be available to it for the purpose of such performance and the need to secure the most beneficial, effective and efficient use of such resources,

(b) the need to maintain adequately those services provided by it which it considers to be essential and, in so far as practicable, to ensure that a reasonable balance is achieved, taking account of all relevant factors, between its functional programmes,

(c) the need for co-operation with, and the co-ordination of its activities with those of, other local authorities and public authorities the performance of whose functions affect or may affect the performance of those of the authority so as to ensure efficiency and economy in the performance of its functions,

(d) the need for consultation with other local authorities and public authorities in appropriate cases,

(e) policies and objectives of the Government or any Minister of the Government in so far as they may affect or relate to its functions.

(2) A local authority shall perform those functions which it is required by law to perform and this section shall not be construed as affecting any such requirement.

(3) Every enactment relating to a function of a local authority shall be construed and have effect subject to the provisions of this section.

8 Ancillary functions of local authorities and other provisions with respect to their functions.

8.—(1) A local authority may do anything which is ancillary, supplementary or incidental to or consequential on or necessary to give full effect to, or which will facilitate or is conducive to the performance of, a function conferred on it by this or any other enactment or which can advantageously be performed by the authority in conjunction with performance of such a function.

(2) A local authority shall not by virtue of this Part perform any function—

(a) which it is prohibited from enjoying or performing by this or any other enactment, or

(b) without being subject to or complying with any conditions or restrictions to which, by virtue of this or any other enactment, the performance of the function is subject.

(3) Save as may otherwise be prescribed, the functions of a local authority under sections 5 and 6 may be performed by a council of a county in respect of its administrative county or by another local authority in respect of its functional area.

(4) (a) Where a grant is allocated by the Minister to a local authority in respect of a functional programme of the authority, the members of the authority shall, subject to any conditions that are attached to the grant by the Minister, by resolution determine the allocation of the grant among or as between projects or services within the programme.

(b) In this subsection—

“grant” does not include a grant in respect of a specific project or service of a local authority;

“conditions” means conditions in relation to matters referred to in section 7 (1) (e).

9 Transfer of certain functions to local authorities.

9.—(1) (a) The Government may by provisional order transfer a function of a Minister of the Government (other than a function that is required by the Constitution to be performed by a Minister of the Government) that, in the opinion of the Government, could be performed effectively by local authorities of a specified class or classes and is a function relating to the provision of a public service in the functional areas of local authorities of that class or those classes to local authorities of that class or those classes.

(b) The Government may by provisional order amend or revoke a provisional order under this subsection (including a provisional order under this paragraph).

(c) If a provision of a provisional order under this subsection that transfers a function is revoked, the function shall thereupon become and be vested in the Minister of the Government from whom it was transferred by the order.