LOCAL GOVERNMENT ACT, 1991

• (6)
• (a) A boundary committee shall have an absolute discretion to hold an oral hearing in relation to a report by it under this section and the hearing may be conducted by one or more members of the boundary committee or by a person appointed by the committee for that purpose.

• (b) The member or members of a boundary committee or other person appointed to conduct an oral hearing under paragraph (a) shall make a report in writing on the hearing to the boundary committee and shall include in the report such recommendations as are considered appropriate with respect to the boundary concerned.

• (c) The boundary committee shall consider a report made to it under paragraph (b) before deciding on the recommendations that it will make with respect to the boundary concerned.

• (d) The Minister may make regulations in relation to the conduct of an oral hearing as aforesaid, the procedures at such a hearing and the attendance by local authorities and other persons at such a hearing.

34 Provisions consequential on boundary alteration.

34.—(1) in this section—

“authority concerned” means a local authority whose boundary is affected by a primary order;

“primary order” means an order under subsection (1) or (3) of section 31;

“relevant area” means the portion of the functional area of one local authority (or any part of that portion) which by virtue of a primary order becomes part of the functional area of another local authority;

“supplementary order” means an order made under subsection (2).

• (2) The Minister or any other Minister of the Government, with the consent of the Minister, may by order make such provision as he considers necessary or expedient in relation to any matter whatsoever arising from, in consequence of, or otherwise related to, the boundary alteration effected by a primary order and any provision so made shall, notwithstanding the provisions of any other enactment, apply and have effect accordingly.

• (3) A supplementary order made by a Minister of the Government, other than the Minister, may only make provision with respect to matters in relation to which functions stand conferred on that Minister of the Government.

• (4) A supplementary order may, if the order so provides, have retrospective effect.

• (5) Without prejudice to the generality of subsection (2), a supplementary order may make provision for all or any of the following matters—

• (a) the functions of any authority concerned in relation to a relevant area,

• (b) the inclusion of a relevant area, in any local electoral area or any administrative or geographical district or other division used for any purpose of public administration,

• (c) the application or non-application of any enactment to a relevant area,

• (d) the continuance of legal proceedings commenced by or against any authority concerned before the making of the primary order concerned where such proceedings relate to any matter, right, duty or liability arising, accrued or incurred in, or relating to, any relevant area,

• (e) such modifications, adaptation or amendment of any enactment as may be necessary for the purposes of the primary order,

• (f) subject to subsection (8), an adjustment between any authorities concerned (which may include provision for the payment of money, by a single payment or in two or more instalments, by one or more authorities concerned to any other authority or authorities concerned) in relation to all or any of the following:

• (i) any net loss of revenue, actual or prospective, which is or may be incurred by any authority concerned in consequence of the primary order,

• (ii) property whether real or personal (including choses-in-action), vested in or belonging to or held in trust for any authority concerned and wholly or partly situate in or relating to any relevant area,

• (iii) debts (including mortgage debts), charges created by statute and other liabilities (including unliquidated amounts, unliquidated damages arising from torts or breaches of contract and accruing or prospective liabilities), due and unpaid, or incurred and undischarged, and relating wholly or in part to any relevant area,

• (iv) agreements or arrangements between any authorities concerned with respect to financial matters,

• (v) alteration for specified purposes in the areas of charge provided for in section 10 of the Local Government Act, 1946,

• (vi) rates and charges due and payable or accruing due,

• (vii) the assessment and levying of rates and charges in any relevant area (including the temporary reduction of valuations and the making of abatements),

and for giving effect to any matter referred to in subparagraph (v), (vi) or (vii),

• (g) the transfer of officers or servants of an authority or authorities concerned to any other authority or authorities concerned,

• (h) the enabling of provision to be made in respect of any matter referred to in paragraph (f) (where provision in respect thereof is not otherwise made by a supplementary order) by agreement between the authorities concerned or in the event of a failure by the authorities concerned to reach agreement, in such manner as may be specified in the order,

• (i) the preparation of official maps showing the boundary of any relevant area and the evidential value of such maps,

• (j) transitional matters relating to any development plan (within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1990) insofar as it relates to any relevant area,

• (k) the continuance of any thing done, or treated by virtue of any enactment as having been done, by, to or in relation to, any authority concerned in relation to any relevant area,

• (l) the register of electors and polling districts to be used at any election of councillors for any local electoral area,

• (m) the continuance in office of members of any authority concerned,

• (n) the alteration of the number of members of the council of a county or the council of a county borough consequent upon the making of a primary order,

• (o) any other matter which appears to be necessary or proper for bringing into operation and giving full effect to the primary order.

• (6) In subsection (5) (k) “thing” includes the following—

• (i) any written agreement or other instrument in writing or any determination or declaration made by, or on behalf of, or treated as having been made by or on behalf of any authority concerned,

• (ii) any direction given, or treated as having been given, by or to any authority concerned,

• (iii) any licence, certificate, permission, consent, approval, exemption or relaxation granted or given, or treated as having been granted or given, by or to any authority concerned,

• (iv) any application, proposal or objection made, or treated as having been made, by or to any authority concerned,

• (v) any condition or requirement imposed, or treated as having been imposed, by or on an authority concerned.

• (7) An adjustment under paragraph (f) of subsection (5) or an agreement under paragraph (h) of that subsection may include—

• (a) in the case of property referred to in subparagraph (ii) of the said paragraph (f), provision for the retention of the property by any authority concerned or for the transfer thereof to another authority concerned or for the joint user of such property by two or more authorities concerned, and

• (b) in the case of a debt or other liability referred to in subparagraph (iii) of the said paragraph, provision for the whole of such debt or liability being borne by any authority concerned or for the apportionment of the liability between two or more authorities concerned.

• (8) A supplementary order may not, as respects local authorities of a prescribed class or classes, make provision for such matters specified in subsection (5) (f) as may be prescribed.

• (9) Where a boundary alteration is effected by a primary order, any reference in any enactment to a county, county or other borough, committee district, urban district or town, whether to such areas generally or to any particular such area, shall, subject to any provision to the contrary in a supplementary order and unless the context otherwise requires, be construed as a reference to the area of such county, county or other borough, committee district, urban district or town as so altered.

35 Transitional.

35.—(1) This section applies in relation to a case in respect of the alteration of the boundary of the functional area of a local authority which, before the commencement of section 4 in relation to an enactment, falls to be determined by the Minister pursuant to that enactment.

• (2) The Minister may, in relation to a case to which this section applies, determine the case in accordance with the provisions of the enactment concerned notwithstanding the commencement of section 4 in relation to that enactment.

PART VI Committees and Joint Committees of Local Authorities

36 “Local authority” (Part VI).

36.—In this Part, except where the context otherwise requires,

“local authority” does not include a committee or joint committee.

37 Committees of local authorities.

37.—(1) (a) A local authority may, if it considers it appropriate to do so, by resolution, establish—

• (i) a committee to consider matters connected with the functions of the authority referred to it by the authority and to advise the authority on those matters, or

• (ii) a committee to perform functions of the authority delegated to it under this section,

and references in this Part to a committee are, unless the context otherwise requires, references to a committee established under this paragraph.

• (b) A local authority may establish more than one committee.

• (c) A local authority shall not establish a committee to consider matters connected with, or to perform, the functions generally of the authority in respect of a particular local electoral area.

• (2)
• (a) A local authority may, by resolution, delegate with or without restrictions to a committee established under subsection (1) (a) (ii) any of its functions that may be performed by resolution except the power to adopt the estimate of expenses of the authority or to make a rate or borrow money or any other prescribed functions.

• (b) Without prejudice to any other relevant requirements, it shall be necessary for the passing of a resolution under paragraph (a) that the number of members of the local authority concerned voting in favour of the resolution exceeds one-half of the total number of members of the authority.

• (3) A local authority may, by resolution, dissolve a committee established by it but the dissolution shall be without prejudice to anything previously done by the committee.

• (4) Save as provided for by this section or section 18 or 38 or otherwise by law, it shall not be lawful for a local authority to establish a committee or to delegate any of its functions to a committee.

• (5) Notwithstanding the repeal under section 4 or the cesser under section 40 of an enactment by or under which a committee of a local authority stood established immediately before such repeal or cesser, the committee shall continue to stand established after such repeal or cesser as if it was established under this section and this Part shall apply and have effect accordingly in relation to it.

38 Joint committees of local authorities.

38.—(1) Two or more local authorities may, if they consider it appropriate to do so, by resolution of each of the authorities, jointly establish—

• (a) a joint committee of those authorities to consider matters connected with the functions of the authorities specified in the resolution and to advise the authorities on those matters,

• (b) a joint committee of those authorities to perform functions of those authorities delegated to it by them under subsection (5),

and references in this Part to a joint committee are, unless the context otherwise requires, references to a joint committee established under this subsection.

• (2) A local authority may join in the establishment of more than one joint committee.

• (3) More than one joint committee may be established by the same local authorities.

• (4) Where the resolutions under subsection (1) relating to a joint committee, with the consent of the Minister, so provide—

• (a) the joint committee shall be a body corporate with perpetual succession and shall be known by such name as may be specified in the resolutions or determined by the joint committee,

• (b) the joint committee may sue and be sued in its corporate name,

• (c) the joint committee shall have power to acquire, hold and dispose of land or an interest in land,

• (d) the joint committee shall have a common seal which shall be authenticated by the signature of the chairman, or some other member, of the joint committee authorised by the joint committee in that behalf or by the signature of an officer of the joint committee authorised by the joint committee in that behalf,

• (e) judicial notice shall be taken of the seal of the joint committee and every document purporting to be an order or other instrument made by it and to be sealed with its seal (purporting to be authenticated in accordance with paragraph (d)) shall be received in evidence and be deemed to be that order or instrument without further proof unless the contrary is shown.

• (5)
• (a) Subject to the provisions of this subsection, a local authority may, by resolution, with the consent of the other authorities concerned, delegate with or without restrictions to a joint committee established under subsection (1) (b) any of its functions that may be performed by resolution.

• (b) Paragraph (a) does not apply to the powers of a local authority to adopt the estimate of expenses of the authority or to make a rate or any other prescribed functions.

• (c) Without prejudice to any other relevant requirements, it shall be necessary for the passing of a resolution under paragraph (a) that the number of members of the local authority concerned voting in favour of the resolution exceeds one-half of the total number of the members of the authority.

• (6) The Minister may direct a local authority to establish under subsection (1), upon and subject to such terms and conditions as may be specified in the direction, with such one or more other local authorities as may be specified in the direction a joint committee and to delegate to the committee, subject to such (if any) conditions or restrictions as may be specified in the direction, such of the functions of the authority as may be specified in the direction.

• (7) A joint committee may be dissolved by resolution of any one of the local authorities by which it was established with (in the case of a joint committee established pursuant to a direction under subsection (6)) the consent of the Minister but the dissolution shall be without prejudice to anything previously done by the committee.

• (8)
• (a) Notwithstanding the repeal under section 4 or the cesser under section 40 of an enactment by or under which a joint committee of a local authority stood established immediately before such repeal or cesser, the committee shall continue to stand established after such repeal or cesser and be deemed to have been established under this section and this Part shall apply and have effect accordingly in relation to it.

• (b) Save as provided for by this section or otherwise by law, it shall not be lawful for local authorities to establish a joint committee or to delegate any of their functions to a joint committee.

• (9) In this section “local authority” includes such other (if any) persons as may be prescribed.

39 Membership of committees and of joint committees.

39.—(1) (a) The members of a committee shall be appointed by resolution of the local authority by which it was established.

• (b) A committee shall consist of such number of persons (not being less than 3) as the local authority by which it was established considers appropriate and may, subject to paragraphs (c) and (d), at the discretion of the local authority by which it was established, consist either wholly of persons who are members of that authority or partly of persons who are, and partly of persons who are not, such members.

• (c) A person who is not a member of the local authority concerned shall not be appointed to be a member of a committee unless, in the opinion of the authority, he is a person having knowledge, qualifications or experience relevant to the functions of the committee.

• (d) Not less than one-third of the persons appointed to be members of a committee shall be persons who are members of the local authority by which it was established.

• (2)
• (a) The members of a joint committee shall be appointed by the local authorities by which it was established in the following manner, that is to say, each such authority shall appoint such number of persons to be members of the joint committee as may be agreed upon by those authorities.

• (b) A joint committee shall consist of such number of persons (not being less than 6) as shall be agreed upon by the local authorities by which it was established and may, subject to paragraphs (c) and (d), at the discretion of those authorities, be composed either wholly of persons who are members of those authorities or partly of persons who are, and partly of persons who are not, such members.

• (c) A person who is not a member of one of the local authorities concerned shall not be appointed to be a member of a joint committee unless, in the opinion of the authority by which he is so appointed, he possesses knowledge, qualifications or experience relevant to the functions of the joint committee.

• (d) Not less than one-third of the persons appointed by any local authority to be members of a joint committee shall be persons who are members of that authority.

• (3) A person who is a member of a committee or a joint committee shall not be entitled to vote in respect of the performance of a function of a local authority that has been delegated to the committee or joint committee unless he is a member of the local authority by which he was appointed to be a member of the committee or joint committee.

40 Regulations (Part VI).

40.—(1) The Minister may make regulations—

• (a) as respects the area of jurisdiction of a committee or joint committee,

• (b) as respects the dissolution of a committee or joint committee,

• (c) specifying conditions, restrictions or other provisions which shall apply in relation to the delegation of functions to, or the revocation of a delegation of functions to, a committee or joint committee,

• (d) as respects the procedures, general administration and general finances of committees and joint committees,

• (e) as respects such other matters relating to committees and joint committees as the Minister considers appropriate.

• (2) Upon the commencement of this Part and of regulations under this section, the matters to which this Part relates and with respect to which the regulations were made shall, as respects any local authority concerned, be governed by the provisions of this Part and the regulations, and such previous provisions (whether made by or under statute) as may be specified in the regulations applying to that authority and relating to those matters shall cease to have effect as respects that authority.

PART VII Miscellaneous

41 Reserved functions.

41.—(1) It shall be a general function of the members of a local authority to determine by resolution the policy of the local authority in accordance with and subject to the provisions of the enactments relating to that authority.

• (2) The Minister may by order declare that a specified function or specified functions of local authorities shall be performed by resolution of the members of the authorities.

• (3) Whenever and for so long as an order under this section providing for the performance of functions of a local authority by resolution of the members of the authority is in force, the function shall be so performed and it shall be a reserved function of the authority for the purposes of—

• (a) in case the authority is the corporation of a county borough, the Acts relating to its management, and

• (b) in any other case, the County Management Acts, 1940 to 1988,

and references in the Acts relating to the management of county boroughs to orders requiring functions of councils of county boroughs to be performed directly by the councils shall be construed as including references to orders under this section and orders under section 3 (7) by which provision is made for the performance of functions of a local authority by resolution of the members of the authority.

• (4) In this section—

“functions” does not include a function relating to the officers or servants of a local authority or the control, supervision, service, remuneration, privileges or superannuation of such officers or servants or any of them;

“local authority” has the meaning assigned to it by the City and County Management (Amendment) Act, 1955.

• (5) Notwithstanding section 4, any order under section 8 of the Cork City Management Act, 1929, section 51 of the Local Government (Dublin) Act, 1930, section 12 of the Limerick City Management Act, 1934, section 11 of the Waterford City Management Act, 1939, or section 16 of the County Management Act, 1940, in force immediately before the commencement of section 4 (in so far as it relates to the section under which the order was made) shall continue in force after such commencement as if made under this section and may be amended or revoked accordingly.

42 Allowances for chairmen of local authorities.

42.—(1) A local authority may pay an allowance for reasonable expenses to the chairman of the authority.

• (2) A decision to pay an allowance under subsection (1) and the determination of the amount thereof shall be a reserved function.

• (3) A copy of every resolution adopted by a local authority under this section shall be furnished to the Minister.

• (4) The Minister may, after consultation with the Minister for Finance, issue directions to local authorities or specified classes of local authorities for the purposes of this section and, without prejudice to the foregoing, such directions may specify the maximum amounts of the allowances payable under this section, including different such amounts for different classes of local authorities.

• (5) In this section “the chairman”, in relation to a local authority, includes, in the case of a borough, the lord mayor or the mayor of such authority.

43 Establishment of regional authorities.

43.—(1) For the purpose of promoting the co-ordination in different areas of the State of the provision of public services the Minister may, by order, made with the consent of the Minister for Finance (in this section referred to as “an establishment order”)—

• (a) declare that an area consisting of specified counties or county boroughs shall constitute a region, and

• (b) establish in respect of the region, a body (in this section referred to as “a regional authority”) the membership of which shall consist of persons who are members of a council of a county or county borough the functional area of which is included in that region, to perform in the region such functions in relation to the co-ordination of the provision of public services in the region as are conferred on it by or under this section.

• (2)
• (a) A regional authority shall be called and known by such title as may be specified in the establishment order concerned.

• (b) A regional authority shall be a body corporate with perpetual succession and an official seal and with power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land.

• (c) Judicial notice shall be taken of the seal of a regional authority and every document purporting to be an order or other instrument made by that authority and to be sealed with its seal (purporting to be authenticated in the manner provided by the establishment order) shall be received in evidence and be deemed to be such order or instrument without further proof unless the contrary is shown.

• (3) An establishment order shall require a regional authority thereby established to provide itself with an official seal and shall contain such provisions as the Minister considers appropriate in relation to the membership of the authority (including provisions in relation to the number of members of the authority, the method, terms and conditions of their appointment and their tenure of office).

• (4)
• (a) An establishment order or an order amending or revoking an establishment order may contain such other provisions as the Minister considers necessary arising from, by reason of, for the purposes of, or to give full effect to, a declaration under subsection (1) or to the establishment or dissolution of a regional authority and such an order may contain provisions relating to any matter whatsoever arising in relation to such declaration, establishment or dissolution or in relation to the functions of the regional authority concerned.

• (b) Without prejudice to the generality of paragraph (a), an order referred to in that paragraph may provide in respect of a regional authority established by the establishment order, for all or any of the following matters:

• (i) the conferral of functions on the authority in relation to the co-ordination of the provision of public services or specified public services in the region of the authority,

• (ii) the administration generally and the finances generally of the authority,

• (iii) the meetings of the authority, and the procedure at such meetings,

• (iv) the use and authentication of the seal of the authority,

• (v) the payment of grants by the Minister of such amounts as may be sanctioned by the Minister for Finance, out of moneys provided by the Oireachtas, towards the expenses of the authority,

• (vi) the payment to the authority by the local authorities who, as respects the authority are local authorities referred to in subsection (1) (b) or by other specified public authorities, in such manner as may be specified, of all or part of the expenses and expenditure of the authority,

• (vii) the furnishing from time to time by the authority to the Minister or to specified local authorities or other specified public authorities of information in relation to the performance of its functions and the furnishing of such information to the Minister whenever he so requests,

• (viii) the making by the authority of arrangements with other public authorities for the use by it of premises or equipment of those authorities or for the use by the authority of the services of officers and servants of those authorities,

• (ix) matters to which the authority shall have regard in the performance of its functions,

• (x) the giving of directions by the Minister to the authority in relation to the performance of its functions,

• (xi) the dissolution of the authority,

• (xii) any other matter in relation to which the Minister considers that provision should be made in order to enable the authority to perform its functions effectively or, as respects its dissolution.

• (5) An establishment order or an order referred to in subsection (4) (a) may apply to a regional authority established by the establishment order, with any necessary modifications or adaptations, all or any of the provisions of or made under any enactment relating to local authorities.

44 Amendment of City and County Management (Amendment) Act, 1955.

44.—(1) Notwithstanding anything in section 4 of the City and County Management (Amendment) Act, 1955—

• (a) the notice specified in subsection (2) of that section shall, in the case of a resolution under that section relating to a planning function, be signed—

• (i) if the land concerned is situated in a single local electoral area, by not less than three members of the local authority concerned, being members consisting of or including not less than three-quarters of the total number of the members who stand elected to the authority for that area (fractions being disregarded), and

• (ii) if the land concerned is situated in more than one local electoral area, by not less than three-quarters, as respects each such area, of the total number of the members of the authority who stand elected for that area (fractions being disregarded),

and

• (b) it shall be necessary for the passing of a resolution under that section relating to a planning function that the number of the members of the local authority concerned voting in favour of the resolution is not less than three-quarters of the total number of members of the authority (fractions being disregarded).

• (2) In this section “a planning function” means a function of a planning authority (within the meaning of the Local Government (Planning and Development) Act, 1963) with respect to—

• (a) a decision of such an authority made under or pursuant to Part IV of that Act—

• (i) on an application for permission or approval for the development of land, or

• (ii) pursuant to a condition attached to a permission or approval granted under that Part,

or

• (b) a decision under section 4 of the Local Government (Planning and Development) Act, 1982.

45 Amendment of Local Government (Planning and Development) Act, 1963.

45.—Section 26 of the Local Government (Planning and Development) Act, 1963, is hereby amended by the substitution in subsection (3) (b) (inserted by the Local Government (Planning and Development) Act, 1976) of “is not less than three-quarters of the total number of the members of the planning authority (fractions being disregarded)” for “exceeds one-third of the total number of the members of the planning authority”.

46 Entertainment and associated expenses of local authorities.

46.—(1) A local authority may incur reasonable expenditure for or in connection with the provision of receptions and entertainment for, and the making of presentations—

• (a) to distinguished persons, and

• (b) in connection with the holding of special events relevant to its functions.

• (2) A decision to incur expenditure under subsection (1) shall be a reserved function.

• (3) The Minister may, after consultation with the Minister for Finance, issue directions for the purposes of this section to local authorities or specified classes of local authorities and, without prejudice to the generality of the foregoing, such directions may specify the maximum amounts which may be expended under this section in respect of specified periods or in respect of particular classes of events.

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

47 Tenure of office of managers.

47.—(1) Notwithstanding any other enactment or instrument made thereunder, a person who is appointed to an office of manager after the commencement of this section or to an office established by section 21 shall unless he earlier dies, resigns or is removed from office, hold the office during whichever of the following periods is the shorter and on the expiration of that period shall cease to hold the office, that is to say:

• (a) a period of such length as the Minister specifies by order,

• (b) the period from the date of the appointment to the date on which he attains such age as the Minister specifies by order,

and without prejudice to the generality of the foregoing, the Minister may by order make such provisions as he considers appropriate in relation to the periods specified in paragraphs (a) and (b) in relation to officers of local authorities holding office on the commencement of this section by reference to the age of such officers.

• (2) For the purpose of this section, a period served in an office of county manager referred to in section 22 by a person appointed to such office by virtue of that section shall be deemed to include the period served by that person in the office established by section 21 held by that person immediately before his appointment to such office of county manager.

48 Civic honours.

48.—(1) A local authority may confer a civic honour on a distinguished person in such manner as it may determine including the admission of the person to the honourary freedom of its functional area and may establish and maintain a roll in which to enter the names of persons so honoured.

• (2) The decision of a local authority to confer a civic honour on a person shall be a reserved function.

• (3) The repeal by this Act of the Municipal Privileges (Ireland) Act, 1876, shall not have effect as respects any person in relation to whom the power conferred by section 11 of that Act has been exercised.

49 Twinning of local authority areas.

49.—(1) A local authority may enter into arrangements for the twinning of its functional area or a part thereof or establish other similar links with any other area, whether within or outside the State.

• (2) The decision to enter into an arrangement under subsection (1) shall be a reserved function.

• (3) A local authority shall not enter into an arrangement under subsection (1) unless, having had regard to the matters specified hereunder, they are satisfied that the arrangement is justified, the matters aforesaid being—

• (a) the ensuing benefits likely to accrue to its functional area and the local community,

• (b) the social, cultural and general interests of its functional area and the local community,

• (c) the ensuing cost.

• (4) The Minister may issue directions to local authorities or specified classes of local authorities for the purposes of this section.

• (5) There shall be recorded in the report of a local authority for any year particulars in relation to the performance of its functions by the local authority under this section for that year.

50 Annual report of local authorities.

50.—(1) A local authority shall, not later than the 30th day of June in each year, prepare and adopt a report (which shall be known as the annual report of the local authority and is referred to in this Act as “a report”) in relation to the performance of its functions during the preceding year and shall as soon as may be furnish a copy of the report to each member of the authority and to such other (if any) persons as may be prescribed.

• (2) A report of a local authority shall include the following:

• (a) particulars of the policies, programmes, services and other activities undertaken by the local authority,

• (b) such particulars as are required by any other provision of this or of any other enactment to be included in the report,

• (c) particulars in relation to any Acts adopted or orders, regulations, bye-laws, rules or other instruments made under statute by resolution of the members of the authority during the year to which the report relates,

• (d) such other particulars (including financial statements) as the local authority may determine or as may be directed by the Minister.

• (3) The adoption by a local authority of its report shall be a reserved function.

• (4) Copies of the report of a local authority shall be made available at the principal office of the authority during normal office hours for inspection by members of the public or for purchase by such members at such price as may be determined by the authority and a local authority shall give public notice of the date as on and from which a report will be so made available.

• (5) In this section “local authority” means a council of a county or a corporation of a county borough.

51 Expenses of members of local authorities and representation of local authorities at conferences.

51.—(1) A local authority may, subject to and in accordance with regulations under subsection (3), make payments to its members in respect of expenses reasonably incurred by the members in relation to—

• (a) attendance at a meeting of the authority or of a committee or joint committee of which they are members,

• (b) attendance, authorised by the authority, at a meeting of a prescribed association of local authorities of which the authority is a member,

• (c) attendance, authorised by the authority, at a conference, seminar or other meeting or event at which the authority is, pursuant to subsection (2), entitled to be represented,

• (d) visits, authorised by the authority, to an area with which any part of the functional area of the authority is twinned pursuant to section 49,

• (e) any prescribed matter.

• (2)
• (a) A local authority may, subject to the provisions of this section, authorise one or more of its members to represent it at a conference, seminar or other meeting or event held, whether within or outside the State, for the purpose of discussing or imparting information regarding or connected with any matter that is of concern to the authority in relation to the performance of its functions and is relevant to its functional area and local community.

• (b) A local authority shall not give an authorisation under paragraph (a) unless, having had regard to the matters specified hereunder, they are satisfied that the authorisation is justified, the matters aforesaid being—

• (i) the ensuing benefits likely to accrue,

• (ii) the general interests of its functional area and the local community,

• (iii) the ensuing cost.

• (3) The Minister may, after consultation with the Minister for Finance, make regulations for the purpose of this section and, without prejudice to the generality of the foregoing, the regulations may provide for any or all of the following matters:

• (a) payments to members of local authorities in respect of reasonable expenses incurred by them in relation to each attendance at a meeting of the authority, committee or joint committee concerned or in relation to a specified maximum number of such meetings or payment of a composite annual sum in respect of all such attendances,

• (b) payments to members of local authorities in respect of reasonable expenses incurred by them in relation to attendance authorised by the authorities concerned at such meetings or events as aforesaid or visits aforesaid so authorised,

• (c) the maximum number of representatives of a local authority or the maximum combined numbers of representatives of local authorities generally or of a particular class or classes of local authorities at such meetings or events or visits as aforesaid,

• (d) the determination by the Minister or another specified person—

• (i) whether and, if so, to what extent local authorities generally or of a particular class or classes, and

• (ii) of the particular local authorities which,

should be represented at such meetings or events as aforesaid generally or specified such meetings or events or a specified class or classes of such meetings or events and of the number of members who may represent individual local authorities at such meetings or events,

• (e) conditions and restrictions in relation to the making of payments under this subsection,

• (f) any other matters which appear to the Minister to be necessary or expedient for the purposes of this section.

• (4) A decision to authorise an attendance or visit referred to in paragraph (b), (c) or (d) of subsection (1) shall be a reserved function.

• (5) In this section “member”, in relation to a local authority, includes a member of a committee or joint committee of the authority.

• (6) There shall be recorded in the report of a local authority for any year separate particulars in relation to payments made in respect of the matter specified in each paragraph of subsection (1) in that year.

52 Power to amend, repeal, etc., enactments and to dispense with certain controls affecting local authorities.

52.—(1) Where—

• (a) the performance of a function by a local authority or an officer of a local authority is, by any enactment, made subject—

• (i) to notification of or consultation with, or

• (ii) to the approval or consent of or confirmation by,

the Minister or to compliance with any other requirement that is of a similar kind and confers a function on the Minister that is similar to those conferred on him by the requirements specified in paragraphs (i) and (ii),

and

• (b) the Minister is satisfied that the requirement has become unnecessary and that the function would be properly performed without compliance with the requirement,

he may, by regulations, provide that the function may be performed in all cases or in specified cases without compliance with the requirement but subject to compliance with such conditions (if any) as may be specified and, whenever regulations so providing are in force, the function concerned may be performed without compliance with the requirement concerned but in accordance with the provisions of the regulations.

• (2) Where it appears to the Minister—

• (a) to be necessary or expedient for the purpose of remedying an inconsistency between a provision of an enactment and this Act, or

• (b) to be necessary or expedient for the purpose of enabling such a provision to have effect in conformity with this Act,

the Minister may in relation to such a provision by regulations provide for—

• (i) its application with any modification or adaptation specified in the regulations,

• (ii) its amendment otherwise or its repeal, revocation or termination.

• (3) If in any respect any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may by regulations do anything which appears to him to be necessary or expedient for the purposes of removing that difficulty, for bringing that provision into operation or for securing or facilitating its operation and any such regulations may modify any provision of this Act or any other enactment so far as may be necessary or expedient for the purposes aforesaid but no regulations shall be made under this subsection in relation to a provision of this Act after the expiration of 2 years from the commencement of that provision.

53 Amendment of Local Authorities (Combined Purchasing) Act, 1939.

53.—Section 17 of the Local Authorities (Combined Purchasing) Act, 1939, is hereby amended by the substitution of the following subsections for subsections (2) and (3)—

• “(2) The Minister may, if he so thinks fit, in respect of a local financial year by order certify the sum which, during that year, was expended out of monies provided under subsection (1) of this section in carrying this Act into effect and, if he does so, the order shall assess that sum on the counties and county boroughs in proportion to the annual value under the Valuation Acts of the property rateable for the county rate or the municipal rate, as may be appropriate, in the counties and county boroughs and copies of the order shall be sent to the council of every county and county borough.

• (3) Where an order is made under this section, the council of every county and county borough shall pay the amount assessed by the order on such county or county borough to the Minister and shall raise the amount so to be paid, in the case of a county, by means of the county rate as a county-at-large charge or in the case of a county borough, by means of the municipal rate.”.

54 Amendment of Local Government Act, 1941.

54.—The Local Government Act, 1941, is hereby amended—

• (a) by the insertion of the following section after section 35:

“35A. Where it is proposed to make an order under section 33 or 35, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.”, and

• (b) in section 83, by the substitution in subsection (2) of the following for the part of the subsection preceding paragraph (a):

“The Minister may, if he so thinks fit, certify the amount of the costs of an inquiry caused by him to be held under this or any other Act and, if he does so, he shall include in the certificate a direction for the payment to him of the costs so certified—”.

55 Expenses.

55.—(1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

• (2) Expenses under this Act of a local authority that is the council of a county shall, save as may be otherwise prescribed, be charged on the county (exclusive of any borough or urban district therein).

• (3) In each local financial year the amounts estimated as necessary to meet the expenses and provide for the liabilities and requirements of a local authority during the following financial year under sections 5, 6, 42, 46, 49 and 51 shall be shown separately in the prescribed form within the meaning of section 9 of the City and County Management (Amendment) Act, 1955.

SCHEDULE Enactments Repealed

Session and Chapter or Number and Year	Short Title	Extent of Repeal
(1)	(2)	(3)
3 & 4 Vict., c. 108	Municipal Corporations (Ireland) Act, 1840	Sections 93 and 102
8 & 9 Vict., c. 16	Commissioners Clauses Act, 1847	Sections 49 and 50
17 & 18 Vict., c. 103	Towns Improvement (Ireland) Act, 1854	The proviso to section 5
39 & 40 Vict., c. 76	Municipal Privileges (Ireland) Act, 1876	The whole Act
41 & 42 Vict., c. 52	Public Health (Ireland) Act, 1878	Section 5
48 & 49 Vict., c. 22	Public Health and Local Government Conferences Act, 1885	The whole Act
2 Edw. 7, c. 38	Local Government (Ireland) Act, 1902	Section 16
1925, No. 5	Local Government Act, 1925	Section 58
1926, No. 34	Local Authorities (Mutual Assurance) Act, 1926	Section 3 (4)
1929, No. 1	Cork City Management Act, 1929	Subsections (2) to (4) of section 8
1930, No. 27	Local Government (Dublin) Act, 1930	Section 27 and subsections (2) to (5) of section 51
1934, No. 35	Limerick City Management Act, 1934	Section 7 (2), subsections (2) to (6) of section 12 and section 38
1936, No. 55	Local Authorities (Miscellaneous Provisions) Act, 1936	Section 10
1939, No. 25	Waterford City Management Act, 1939	Section 6, subsections (2) to (6) of section 11 and section 36
1940, No. 12	County Management Act, 1940	Subsections (3) to (6) of section 16 and section 18
1941, No. 5	Cork City Management (Amendment) Act, 1941	Sections 4 and 25
1941, No. 23	Local Government Act, 1941	Section 80
1945, No. 8	Local Government (Dublin) Act, 1945	Section 3
1946, No. 24	Local Government Act, 1946	Section 67
1955, No. 9	Local Government Act, 1955	Sections 60 and 67
1963, No. 19	Electoral Act, 1963	Section 87
1967 No. 4	Local Government (Dublin) Act, 1967	The whole Act