Local Government Act , 1994

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, 1994.

(2) The Local Government Acts, 1925 to 1993, and this Act may be cited together as the Local Government Acts, 1925 to 1994 and shall be construed together as one Act.

(3) The County Management Acts, 1940 to 1993, 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 1994.

(4) The Cork City Management Acts, 1929 to 1991, 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 1994.

(5) The Local Government (Dublin) Acts, 1930 to 1993, 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 1994.

(6) The Limerick City Management Acts, 1934 to 1991, and so much of this Act as relates to management of the county borough of Limerick may be cited together as the Limerick City Management Acts, 1934 to 1994.

(7) The Waterford City Management Acts, 1939 to 1991, 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 1994.

(8) The Local Elections (Petitions and Disqualifications) Act, 1974, so much of the Electoral Act, 1992 as relates to local elections and Parts II and III may be cited together as the Local Elections Acts, 1974 to 1994.

(9) 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 amendment effected by section 4 of different enactments.

2 Interpretation.

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

“the Act of 1941” means the Local Government Act, 1941;

“the Act of 1946” means the Local Government Act, 1946;

“the Act of 1955” means the City and County Management (Amendment) Act, 1955;

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

“election” means a local election;

“elective body” means an elective body for the purposes of the County Management Acts, 1940 to 1993;

“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;

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

“manager” means—

(a) as respects the corporation of a county borough, the manager for the purpose 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 1993;

“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 public authority for the purposes of the Act of 1991;

“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 1993;

(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.

(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 66.

(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 Orders and regulations.

3.—(1) Every order and regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made.

(2) If after an order, other than an order under section 1 (9), 14, 21 or 53 (1), or a regulation is so laid, a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(3) The Minister may by order, amend or revoke an order made under this Act, other than under section 1 (9) (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 purposes 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—

(a) contain such incidental, consequential, supplementary or transitional 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 order or regulation made thereunder) as may appear to the Minister to be appropriate for the purposes of this Act or of any order or regulations made thereunder,

(b) provide for the adaptation, modification or cesser of operation of any provision of any enactment, including an enactment referred to in section 4 (3), relating to any matter governed by the provisions of this Act or of any order or regulations made thereunder for the purpose of securing that such enactment shall have effect in conformity with this Act or with an order or with regulations made thereunder.

(6) Regulations or an order under this Act may apply to local authorities generally, to any class or classes of local authorities specified in the regulations or order to a particular local authority or to a particular part of the administrative area of a local authority 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.

4 Repeal, revocation and amendment of enactments.

4.—(1) Each enactment specified in the First Schedule is hereby repealed or revoked to the extent specified in column (3) of that Schedule.

(2) Each enactment specified in the Second Schedule is hereby amended in the manner stated in column (3) of that Schedule.

(3) The repeal or revocation by this Act of a provision of any enactment which is applied by any other provision of that or of any other enactment not so repealed or revoked, shall not affect such application and the first-mentioned provision shall accordingly continue to apply for that purpose.

PART II Local Authority Membership

5 Eligibility for local authority membership.

5.—Every person being a citizen of Ireland or ordinarily resident in the State who has reached the age of 18 years and is not subject to any of the disqualifications mentioned in section 6 shall be eligible for election or co-option to and membership of a local authority.

6 Disqualifications for local authority membership.

6.—(1) A person shall be disqualified for being elected, for being co-opted, or for being a member of a local authority if that person—

(a) is a member of the Commission of the European Communities or is a representative in the European Parliament, or

(b) is a Judge, Advocate General or Registrar of the Court of Justice of the European Communities, or

(c) is a member of the Court of Auditors of the European Communities, or

(d) is a Minister of the Government or a Minister of State, or

(e) is the chairman of Dáil Éireann (An Ceann Comhairle), or

(f) is the chairman of Seanad Éireann, or

(g) is the chairman of a select committee of either House of the Oireachtas or of a joint committee of both Houses, other than of any such committee or joint committee as is or may be designated for the purposes of subsection (3), or

(h) is appointed under the Constitution as a Judge or the Comptroller and Auditor General, or

(i) is a member of the Garda Síochána or a wholetime member of the Defence Forces as defined in section 11 (4) (b) of the Electoral Act, 1992, or

(j) is a civil servant who is not by terms of employment expressly permitted to be a member of a local authority, or

(k) is undergoing a sentence of imprisonment for any term exceeding six months, whether with or without hard labour, or of penal servitude for any period imposed by a court of competent jurisdiction in the State, or

(l) fails to pay any portion of any sum charged or surcharged, by an auditor of the accounts of any local authority, upon or against that person and such disqualification shall come into effect on the expiration of the time limit for an appeal where no appeal is taken, or on the expiration of one month from the date of an order confirming the charge or surcharge, where an appeal is taken to the Minister or the High Court and the disqualification shall apply and have effect for a period of five years from the date of its coming into effect, or

(m) fails to comply with a final judgement, order or decree of a court of competent jurisdiction, for payment of money due to a local authority, or

(n) is convicted of, or has had a conviction confirmed on appeal for, an offence relating to any of the following—

(i) fraudulent or dishonest dealings affecting a local authority,

(ii) corrupt practice,

(iii) acting when disqualified.

(2) (a) A disqualification arising pursuant to subsection (1) (m) shall come into effect on the seventh day following the last day for compliance with the relevant final judgement, order or decree and the disqualification shall apply and have effect for a period of five years from such last day.

(b) A disqualification arising pursuant to subsection (1) (n) shall come into effect—

(i) in case no appeal is taken against the conviction, on the expiration of the time limit for taking an appeal, or

(ii) in case an appeal is taken against the conviction and the appeal is disallowed, one month from the determination of the appeal,

and the disqualification shall apply and have effect for a period of five years from the date of conviction or determination of the appeal, as the case may be.

(3) (a) The Joint Services Committee, the Joint Committee on the Irish Language, the Dáil Committee of Selection and the Seanad Committee of Selection, are hereby designated for the purposes of this subsection.

(b) The Minister may by order designate any other committee or joint committee mentioned in paragraph (g) of subsection (1) for the purposes of this subsection and for so long as such an order is in force, that paragraph shall not apply as regards the committee or joint committee so designated.

(c) An order made under this subsection shall not come into operation unless and until a copy thereof has been laid before each House of the Oireachtas and the order has been confirmed by resolution of each such House.

(4) The provisions of this section shall come into operation and apply for the purposes of the local elections referred to in section 20 and thereafter and accordingly an order shall not be made under section 1 (9) bringing those provisions into operation as regards any member of a local authority prior to these elections.

7 Offence to act when disqualified.

7.—(1) If any person knowingly acts as a member of a local authority when disqualified, or knowingly votes when prohibited by or under any enactment, that person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding one thousand pounds for each such offence without prejudice to any other disqualification or penalty therefor.

(2) An offence under this section may be prosecuted by or at the suit of a local government elector, a local authority or the Minister.

8 Cesser of membership arising from disqualification.

8.—(1) Where a member of a local authority becomes disqualified for membership of a local authority pursuant to section 6, that person shall, subject to subsections (2) and (4) of that section, immediately on such occurrence cease to be such member and a vacancy shall exist accordingly in the membership of the local authority.

(2) A person who ceases to be a member of a local authority pursuant to this section shall on such cesser also cease to be a member of any body to which that person was elected, nominated or appointed by a local authority, or of which the person is a member by virtue of being a member of a local authority.

9 Term of office.

9.—(1) The term of office of a member of a local authority shall (unless such member sooner dies, resigns, becomes disqualified, is removed from office or otherwise ceases to be a member of the local authority) continue until the next ordinary day of retirement of members of the local authority.

(2) The ordinary day of retirement of members of a local authority shall be the seventh day after the polling day at the election of members of the local authority or, where the poll for any local electoral area of the local authority or for any polling station at the election is for any reason countermanded, interrupted, or adjourned, after the day on which the poll is completed or the fresh poll is held.

(3) On such ordinary day of retirement each of the outgoing members of the local authority shall retire and each person elected at the said election shall come into office as a member of the local authority.

10 Resignation from membership.

10.—(1) A member of a local authority may, at any time, resign from membership by notice in writing, signed by that person and delivered to the principal offices of the local authority, and that person shall cease to be a member of the local authority on the day of receipt of the notice and the resultant vacancy in the membership of the local authority shall occur on that day.

(2) A person who resigns from membership of a local authority pursuant to this section shall on such resignation also cease to be a member of any body to which that person was elected, nominated or appointed by the local authority, or of which that person is a member by virtue of being a member of that local authority.

11 Casual vacancies.

11.—(1) A casual vacancy means a vacancy caused in the membership of a local authority pursuant to section 8 or by the death or resignation of a member of a local authority.

(2) A casual vacancy shall also exist in such circumstances as are prescribed in articles 27 (3), 28 (4) and 76 of the Local Elections Regulations, 1965, or as may be prescribed under section 22 or as are referred to in section 15 (1) of the Local Elections (Petitions and Disqualifications) Act, 1974.

(3) It shall be the duty of the secretary or clerk to notify the members of the local authority in writing on becoming aware that a casual vacancy has or may have occurred.

(4) A casual vacancy shall be filled by the co-option by the local authority of a person to fill the vacancy.

(5) (a) A co-option shall be made, after due notice, at the next meeting of the local authority after the expiration of a period of fourteen days from the occurrence of the vacancy or as soon after the expiration of such period as circumstances permit.

(b) For this purpose due notice means not less than three clear days notice given in writing to every member of the local authority.

(6) A person shall not be proposed at a meeting of the local authority for co-option without the prior consent in writing of that person.

(7) A person co-opted to fill a casual vacancy shall (unless sooner ceasing to hold office) hold office as a member of the local authority

until the next ordinary day of retirement of members of that local authority.

(8) Every person co-opted to fill a casual vacancy in the membership of the council of a county or other borough shall hold office as a councillor.

(9) Where a casual vacancy occurs in the membership of the council of a county or other borough by reason of an alderman ceasing to hold office as a member of the council, the number of aldermen for such county or other borough shall, until the next election of members of the said council be reduced by one in respect of each such vacancy.

12 Saver for acts of local authority.

12.—The acts, decisions and proceedings of a local authority shall not be invalidated by reason only of a vacancy or vacancies in its membership or of the disqualification or want of qualification of any of its members.

PART III Local Elections

13 Interpretation of Part III.

13.—In this Part—

“local authority” means—

(a) the council of a county,

(b) the corporation of a county or other borough,

(c) the council of an urban district, or

(d) the commissioners of a town;

“local electoral area” means an area by reference to which a local election is held;

“local election” means an election pursuant to this Part.

14 Elections to certain local authorities in 1994.

14.—(1) An election of members of every local authority being the council of a borough (other than a county borough), the council of an urban district, or the commissioners of a town shall be held in the year 1994 on such day as is appointed by order of the Minister under this section and such elections shall be local elections and the law for the time being in force in relation to local elections shall apply to such elections.

(2) The provisions of section 21 shall apply to an order made under this section.

(3) The term of office of the members of every local authority elected at the elections referred to in subsection (1) shall terminate in the year 1998 so as to be in accordance with the holding of local elections in that year.

15 Harbour authorities.