Local Government (Dublin) Act , 1993

PART I Preliminary and General

1 Short title, collective citations and commencement.

1.—(1) This Act may be cited as the Local Government (Dublin) Act, 1993.

(2) The Local Government (Dublin) Acts, 1930 to 1991, and this Act may be cited together as the Local Government (Dublin) Acts, 1930 to 1993.

(3) The County Management Acts, 1940 to 1991, and so much of this Act as relates to the management of counties and elective bodies may be cited together as the County Management Acts, 1940 to 1993.

(4) The Vocational Education Acts, 1930 to 1970, and section 19 may be cited together as the Vocational Education Acts, 1930 to 1993.

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

2 Interpretation.

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

“the Act of 1991” means the Local Government Act, 1991;

“area committee” means a committee established pursuant to section 18 of the Act of 1991;

“the borough” means the Borough of Dun Laoghaire established by the Local Government (Dublin) Act, 1930;

“the borough area” means that part of the administrative county of Dun Laoghaire-Rathdown which before the establishment day was the borough;

“the burial board” means the Deans Grange Joint Burial Board, established by the Local Government Board (Ireland) Provisional Order Confirmation (No. 4) Act, 1899;

“the city” means the county borough of Dublin;

“the commissioner” means the Commissioner of Valuation;

“the county”, in relation to any time before the establishment day, means the administrative county of Dublin;

“the county council”, in relation to any time before the establishment day, means the council of the county;

“development plan” means a development plan within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1993;

“direction” means a direction in writing;

“Dublin Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

“Dun Laoghaire Corporation” means the Corporation of Dun Laoghaire established by the Local Government (Dublin) Act, 1930;

“dissolved body” means the county council, Dun Laoghaire Corporation or the burial board, as may be appropriate;

“electoral county” means an electoral county established by section 12 of the Local Government (Reorganisation) Act, 1985;

“enactment” includes an instrument made under an enactment;

“the establishment day” means the day appointed by order under section 7 to be the establishment day;

“functions” includes powers and duties;

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

“manager” means—

(a) as respects Dublin Corporation, the city manager for the purposes of the Local Government (Dublin) Acts 1930 to 1993, 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 1993;

“the Minister” means the Minister for the Environment;

“principal authority” shall be construed in accordance with subsection (3);

“the Regulations of 1993” means the Dublin (Preparations for Reorganisation) Regulations, 1993 (S.I. No. 52 of 1993) made by the Minister under sections 3 and 24 of the Act of 1991;

“the reorganisation report” means the report prepared under section 23 of the Act of 1991;

“successor” shall be construed in accordance with subsection (2).

(2) In this Act, except where the context otherwise requires, “successor” means—

(a) in relation to Dun Laoghaire Corporation and the burial board — Dun Laoghaire-Rathdown County Council, and

(b) in relation to the county council — South Dublin County Council, Fingal County Council or Dun Laoghaire-Rathdown County Council, as may be appropriate,

and such succession to be determined in accordance with and subject to the provisions of Part III (and the Second Schedule).

(3) In this Act, except where the context otherwise requires—

(a) a reference to “the county of South Dublin”, “the county of Fingal” or “the county of Dun Laoghaire-Rathdown” is to the relevant administrative county established by section 9,

(b) a reference to “South Dublin County Council”, “Fingal County Council” or “Dun Laoghaire-Rathdown County Council” is to the relevant council established by section 11, and

(c) “the principal authorities” means the county councils referred to in paragraph (b) and Dublin Corporation.

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

(b) In this Act a reference in a Schedule or in a Part thereof to an article, is a reference to an article of that Schedule or Part, unless it is indicated that reference to a provision of some other enactment is intended.

(5) In this Act, a reference to a subsection, sub-article, paragraph or subparagraph is to the subsection, sub-article, paragraph, or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(6) 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 Orders and regulations.

3.—(1) Every regulation made under this Act 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 is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(2) Every order made under section 1 (5), subsection (3) of this section, section 7 or section 9 (6) shall be laid before each House of the Oireachtas as soon as may be after it is made.

(3) The Minister may by order amend or revoke an order made by the Minister under this Act (including an order made under this subsection).

(4) The Minister may make regulations for the purposes of this Act or in consequence of any of its provisions or for the purpose of enabling any provision to have full effect.

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

(6) Regulations under this Act may apply to any class or classes of local authorities specified in the regulations, to a particular local authority or to a particular part of the administrative area of a local authority (including the borough area) so specified and may contain different provisions in relation to different local authorities or to different parts of the administrative area of a local authority.

(7) 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 be necessary or expedient for removing that difficulty, for bringing that provision into operation, or for securing or facilitating its operation but no regulations shall be made under this subsection after the expiration of 3 years after the establishment day.

4 Repeals.

4.—(1) The enactments mentioned in the First Schedule are hereby repealed to the extent specified in the third column of that Schedule.

(2) The provisions of the Local Government (Dublin) Act, 1930, shall, in relation to Dun Laoghaire Corporation and the borough, so far as they are not repealed by this Act, cease to have effect.

5 Construction of enactments.

5.—(1) Every enactment (including any provision contained in a local, personal or private Act) and every order, regulation, rule, byelaw or other instrument or agreement in force immediately prior to the establishment day shall, on and after such day but subject to any regulations made under this section, be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Act or regulations thereunder and to have effect in conformity therewith.

(2) The Minister or any other Minister of the Government, after consultation with the Minister, may, in respect of any enactment, instrument or agreement which relates to matters for which the relevant Minister has general responsibility, make regulations for the purposes of subsection (1).

6 Implementation of Act by local authorities, actions in anticipation and directions.

6.—(1) It shall be the duty of the relevant local authorities and their officers and employees to cooperate with each other and generally to exercise their functions so as to facilitate the implementation of this Act.

(2) Subject to the provisions of this Act and of any regulations made thereunder and notwithstanding the provisions of any other enactment, the relevant local authorities and their officers and employees may, prior to the commencement of any provision of this Act and in anticipation of such commencement, or following such commencement, do anything which may be necessary as a preliminary to, or for the purpose of facilitating, the commencement or securing the operation of such provision or which is necessary to give full effect to, or which arises from, by reason of or is otherwise related to such provision.

(3) Every act done by a relevant local authority before and in anticipation of the commencement of any of the provisions of this Act shall have and be deemed always to have had all such (if any) validity and effect as it would have had if this Act or if such provisions had been in force when such act was done.

(4) The Minister may give to the relevant local authorities and the managers (including the area managers) for those authorities such general or particular directions in relation to the execution of or compliance with any provision of this Act or regulations thereunder (including directions that specified steps be taken or not taken, or be taken subject to specified conditions, or specified things be done or not done or be done subject to specified conditions, by the persons aforesaid or any of them) as appear to the Minister to be necessary or expedient for securing or facilitating the operation of such provision or the giving of full effect thereto.

(5) The Minister may by direction amend or revoke a direction given under this Act (including a direction under this subsection).

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

(7) In this section “the relevant local authorities” means—

(a) prior to the establishment day — Dublin Corporation, the county council, Dun Laoghaire Corporation and the burial board;

(b) on and after the establishment day — the principal authorities.

(8) A direction shall not be given under this section after the expiration of three years from the establishment day, save a direction in respect of any matter arising in relation to a scheme approved by the Minister under the Third Schedule, and any such direction shall not be given after the expiration of three years from the date of such approval.

PART II Establishment of Administrative Counties and Councils

7 Establishment day.

7.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

8 Alteration of certain boundaries existing before establishment day.

8.—(1) The boundary between the city and the county as existing immediately before the establishment day shall stand altered on and from that day so as to correspond with—

(a) the recommended boundary shown on Map No. 11 of the reorganisation report, and

(b) such alterations as may be made pursuant to section 10 (2),

and the boundaries of the electoral counties shall accordingly also stand so altered to correspond with the foregoing alterations.

(2) Arising from such alterations in the boundary between the city and the county—

(a) each of the areas of the city which is to transfer to the county (the “excluded areas”) shall be detached from the city and from the jurisdiction and powers of Dublin Corporation and added to the county and each of the said areas shall be included in, and form part of, the county for all purposes, and

(b) each of the areas of the county which is to transfer to the city (the “added areas”) shall be detached from the county and from the jurisdiction and powers of the county council and added to the city, and shall be included in, and form part of, the city for all purposes.

(3) The provisions of articles 3 to 8, 11 and 12 (1) of the Second Schedule to the Local Government (Reorganisation) Act, 1985 shall, subject to the provisions of this Act and any regulations made thereunder, apply and have effect with all necessary adaptations in relation to the alteration of boundaries effected by subsection (1) and for that purpose, without prejudice to the generality of the foregoing, in the said articles—

(a) “this Act” shall mean the Local Government (Dublin) Act, 1993;

(b) “the county council” shall have the same meaning as in this Act;

(c) section 8 of this Act shall be substituted for any reference to section 10 of that Act;

(d) “the excluded areas” and “the added areas” shall mean such areas as defined by section 8 of this Act;

(e) section 28 of the Electoral Act, 1992 shall be substituted for the reference to section 22 of the Electoral Act, 1963 in article 6 (3);

(f) the year 1993 shall be substituted for any reference to the year “1985”;

(g) the Table to article 11 shall accordingly apply to the years 1994 to 2003 in like manner as it applied to the years 1986 to 1995; and

(h) a reference to the county rate in that article shall be deemed to be a reference to the rate of the county council established by section 11 of this Act in whose administrative county the hereditament is situate.

(4) The Minister or any other Minister of the Government, after consultation with the Minister, may by regulations provide that, notwithstanding the alteration of boundaries effected by subsection (1) and the establishment of administrative counties by section 9—

(a) any enactment (other than this Act) or any order, regulation, rule, bye-law or other instrument or agreement made wholly or partly under any such enactment for which the relevant Minister is responsible, shall, for such period as may be specified in the regulations, continue to have effect in the added areas, in the excluded areas or in any part so specified of those areas,

(b) the expressions “county borough”, “county” or “administrative county” or any analogous expression in any enactment specified in the regulations or in any such instrument or agreement so specified, shall, for such period as is so specified, continue to include (and be deemed always to have continued to include) the excluded areas and the added areas or any part so specified of any such area.

(5) The boundary between the South Dublin electoral county and the Dun Laoghaire-Rathdown electoral county as existing immediately before the establishment day shall stand altered on that day so far as is necessary to give effect to the recommendations in the reorganisation report in that respect and to correspond with such alterations as may be made pursuant to section 10 (2).

9 Establishment and boundaries of administrative counties.

9.—(1) On the establishment day—

(a) the county shall cease to exist,

(b) the borough shall cease to exist,

(c) the electoral counties shall cease to exist, and

(d) the united district of the burial board shall cease to exist.

(2) On the establishment day the area of the county, as existing on the commencement of section 8, shall stand divided into three administrative counties which shall each be coterminous with the area of the corresponding electoral county (as existing on such commencement) and which administrative counties shall be known respectively as—

(a) Áth Cliath Theas,

(b) Fine Gall,

(c) Dún Laoghaire-Ráth an Dúin;

or, in the English language—

(a) South Dublin,

(b) Fingal,

(c) Dun Laoghaire-Rathdown.

(3) The boundary of each of the administrative counties mentioned in subsection (2) shall be the boundary as shown on the maps prepared pursuant to section 10.

(4) The council of a county established by section 11 may, subject to the provisions of this subsection, subsection (5) and regulations made under subsection (7), apply to the Government to make an order under subsection (6) changing the name of its administrative county from the name specified in subsection (2) to such other name as such council may specify in such application.

(5) (a) Such council shall not make such an application unless—

(i) it has first given public notice of its intention to do so and invited submissions in that regard,

(ii) considered any submissions received, and

(iii) more than one half of the total membership of the relevant council vote in favour of the resolution proposing the application.

(b) The exercise by a council of a function under this subsection, subsection (4) or subsection (9) shall be a reserved function for the purposes of the County Management Acts, 1940 to 1993.

(c) Nothing in this subsection or in subsection (4) shall be construed as restricting the exercise by such council of functions under section 5 of the Act of 1991.

(6) (a) Where an application is duly made by the council of a county under subsection (4), the Government may by order change the name of the administrative county to such other name as they think fit.

(b) An order under this subsection shall come into operation on the 1st day of January next following the expiration of six months from the date of the order.