LOCAL GOVERNMENT ACT, 1994

• (b) Where an authorised person is of the opinion that a person is committing or has committed an offence to which this section relates, the authorised person may demand the name and address of such person and if that demand is refused or the person gives a name or address which is false or misleading, that person shall be guilty of an offence.

• (c) A person who is convicted of an offence under this subsection shall be liable on summary conviction to a fine not exceeding £1,000.

• (d) Where a member of the Garda Síochána is of the opinion that a person is committing or has committed an offence to which this section relates, that member may arrest the person without warrant.

• (5) A person shall not be bound to comply with a request of an authorised person under this section unless the authorised person produces, if requested by the person, evidence of appointment as an authorised person for the purpose of this Part.

• (6) Where an offence under this section is committed by a body corporate and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body or any person who was purporting to act in any such capacity, that officer or person, as well as the body, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

• (7) An offence under this section may be prosecuted by the local authority which made the relevant bye-law, by any other local authority acting on its behalf or by a member of the Garda Síochána.

• (8) All fines in respect of offences under this Part shall be paid to the local authority by which the relevant bye-law was made.

• (9) It shall be the duty of a local authority whenever required so to do by any Court of Justice, to produce to the court a true copy of the bye-law and to verify the copy to such court by having endorsed thereon a certificate signed by an officer of the local authority, whose official position it shall not be necessary to prove, by which the bye-law was made and the court shall receive the copy in evidence and thereupon, the copy shall, unless the contrary is shown, be sufficient evidence of the bye-law.

• (10) In this section “authorised person” means a person authorised in writing by a local authority for the purpose of this section.

41 Fixed payment notices.

41.—(1) A bye-law may provide for a person to be served with a notice, specifying a fixed payment, not exceeding such amount as may be prescribed, in respect of a contravention of a bye-law as an alternative to a prosecution for the contravention and where the bye-law so provides it shall specify—

• (a) the amount of the fixed payment, and

• (b) the period within which it must be paid in order to avoid prosecution.

• (2) A notice referred to in subsection (1) shall specify—

• (a) the name and address of the alleged offender;

• (b) in general terms the nature of the contravention alleged to have been committed;

• (c) the date and place of the alleged contravention;

• (d) the amount of the payment;

• (e) the period within which and the place where the fixed payment may be made; and

• (f) that the alleged offender is entitled to disregard the notice and defend a prosecution of the alleged contravention in court.

42 Publication of bye-laws.

42.—(1) A bye-law shall, as soon as may be after it has been made, or approved in the case of a bye-law to which section 39 applies, be published in Iris Oifigiúil and notice of its making or approval and of the place where copies of the bye-law may be purchased or inspected shall be published in one or more newspapers circulating in the area to which the bye-law relates.

• (2) The notice referred to in subsection (1) shall include—

• (a) a statement of the general purposes for which the bye-law was made,

• (b) the date on which it comes into force,

• (c) a statement that a copy of the bye-law may be inspected, free of charge, during ordinary office hours, at the principal office of the local authority, and

• (d) a statement that a copy of the bye-law will be given to any person applying therefor on payment of a specified fee, not exceeding the reasonable cost of making such copy.

• (3) The local authority shall keep a copy of the bye-law open for public inspection, free of charge, during ordinary office hours, at the principal offices of the local authority, and shall give a copy of the bye-law to any person applying therefor on payment of such reasonable sum, if any, being a sum (not exceeding the reasonable cost of making the copy) as may be fixed by the local authority.

• (4) Failure to publish notice of the making of, or as appropriate, the approval of, or to make available a copy of, a bye-law shall not invalidate that bye-law.

• (5)
• (a) Where the bye-law relates to the use, regulation or management of land provided by a local authority, a local authority shall endeavour to keep a notice that a bye-law applies displayed at or near such land.

• (b) Failure to provide or to keep such notice pursuant to paragraph (a) shall not be a defence in a prosecution for contravention of a provision of a bye-law.

• (6)
• (a) A local authority shall maintain a register of bye-laws made by it under this Part.

• (b) The said register shall be available for public inspection at the principal offices of the local authority during normal office hours.

• (c) The register shall include the date of the coming into operation, the area of application, and an indication of the subject matter of all bye-laws made by the authority.

43 Continuation in force of existing bye-laws, etc.

43.—(1) Every bye-law made by a local authority under a provision of an enactment repealed by this Act shall continue in force for a period of 3 years from the date of the coming into operation of such repeal and shall, unless it was earlier revoked by a bye-law under this Part, thereupon cease to have effect.

• (2) A bye-law made under this Part may revoke a bye-law made by a local authority under any provision of any enactment repealed by this Act or a bye-law made under any other enactment which relates to matters governed by the first mentioned bye-law.

• (3) For the avoidance of doubt it is hereby declared that any matter governed by a bye-law referred to in subsection (1) may be the subject of a bye-law made under this Part.

• (4) The Minister may by regulations under this section in relation to any provision of any enactment which confers on a local authority a power to make bye-laws apply some or all of the provisions of this Part and any such bye-law shall be subject to such provisions as are so applied and the provision of the relevant enactment shall be construed accordingly. Nothing in this subsection shall affect the provisions of section 3 (5).

PART VIII Local Authority Estimates, Rates, etc.

44 Amendment of section 10 of the Act of 1955.

44.—The following section is hereby inserted after section 10 of the Act of 1955:

“10A. (1) If, at any time, an estimate of expenses for a local financial year has been adopted by a local authority (in accordance with section 10 (4) of this Act), and, having regard to any submission by the manager, it appears to the Minister that it is insufficient to defray the expenses to be incurred by the authority in that financial year in—

• (a) maintaining at a reasonable standard the public services for the maintenance of which the local authority is responsible, and

• (b) paying to any other body any sums which the local authority are bound to supply to that body,

the Minister may by notification in writing require the local authority, by resolution to revoke or to amend, whether by addition, omission or variation, the estimate of expenses, including a rate in the pound and any charges determined in accordance with such estimate of expenses.

• (2) Within twenty-one days after the date of notification of a requirement under subsection (1) of this section, the local authority shall comply with such requirement. Upon failure by a local authority to comply with such a requirement, the Minister may by order remove from office the members of the local authority.

• (3) A local authority may, pursuant to a requirement under subsection (1) of this section, by resolution adopt a revised estimate of expenses in accordance with subsection (4) of section 10 of this Act, as if no earlier estimate of expenses had been adopted.

• (4) In adopting a revised estimate of expenses a local authority may, by resolution—

  • (a) revoke a rate in the pound determined in accordance with the original estimate of expenses and determine a new rate in the pound for such rate or if by reason of any steps already taken for the making, levying or collecting of such rate, such a course is more convenient, determine a rate in the pound of a supplementary rate, for the relevant local financial year,

  • (b) revoke a charge made under section 2 of the Local Government (Financial Provisions) (No. 2) Act, 1983 and determine a new charge for that local financial year.

• (5) Where a local authority determines under subsection (4) of this section a rate in the pound of a supplementary rate, pursuant to a requirement under subsection (1), it shall be the duty of the local authority to make, levy, collect and recover such supplementary rate.

• (6) Where a local authority in relation to whom a requirement is made under subsection (1) of this section, adopts by resolution a revised estimate of expenses under subsection (3) of this section, including the determination of a new rate in the pound or a rate in the pound of a supplementary rate and any charge which, in the opinion of the Minister, is insufficient for the purposes set out in subsection (1) of this section, the Minister may by order remove from office the members of the local authority.

• (7) For the purposes of Part IV of the Local Government Act, 1941, an order under subsection (2) or (6) of this section shall be deemed to be an order under section 44 of that Act, as amended by the Local Government Act, 1946, and the removal from office of the members of the local authority concerned shall be deemed to be a removal from office under that section.

• (8) Where a person or persons has or have been appointed under Part IV of the Local Government Act, 1941 to be a commissioner or commissioners for a local authority whose members have been removed from office, such person or persons may revoke any estimate of expenses adopted (whether subsequently revised or otherwise), prior to their appointment, by the local authority for the relevant local financial year and adopt an estimate of expenses as if no earlier estimate of expenses had been adopted for that financial year and for such purposes—

  • (a) revoke any determination by the local authority of a rate in the pound of a rate for the current or the next local financial year as had been made before their appointment (whether it is the first determination of a rate in the pound, the determination of the rate in the pound of a new rate or the determination of the rate in the pound of a supplementary rate) and may determine the rate in the pound of such rate as if no earlier determination had been made or may determine a rate in the pound of a supplementary rate for such local financial year and make, levy, collect and recover such rate or supplementary rate, and

  • (b) revoke any charge, determined by resolution in the estimate of expenses adopted (whether subsequently revised or otherwise), prior to their appointment, by the local authority, for the current or next local financial year and determine any charge as if no earlier charge had been determined.

• (9) The law relating to the determination by a rating authority of the rate in the pound of a rate shall apply, subject to any necessary modifications, to the determination pursuant to this section of the rate in the pound of any rate.

• (10) The law relating to making, levying, collecting and recovering, by a rating authority of rates shall apply, subject to any necessary modifications, to the making, levying, collecting and recovering pursuant to this section of any rates.

• (11) If any difficulty arises in relation to the determination pursuant to this section of the rate in the pound of any rate or to the making, levying, collecting or recovering pursuant to this section of any rate, the Minister may by order take all such steps and do all such things as appear to the Minister to be necessary for the purpose of removing such difficulty.

• (12) For the avoidance of doubt it is hereby declared that the reference to a local authority in this section shall be construed as a reference to a local authority acting in any capacity whatsoever including as a rating authority, sanitary authority and housing authority.”.

45 Amendment of section 29 of the Act of 1946.

45.—The following section is hereby substituted for section 29 of the Act of 1946:

“29. (1) A rating authority shall immediately prior to, or as soon as may be after, the beginning of each local financial year, make one rate for the whole financial year (upon the hereditaments liable for rates according to the valuation of each hereditament in the latest valuation list transmitted by the Commissioner of Valuation at the time of adoption of estimates of expenditure) and shall collect such rate in equal moieties, one such moiety for each half year of such local financial year.

• (2) A rate made in accordance with subsection (1) of this section shall exclude a valuation which is a specified valuation within the meaning of section 2 of the Local Government (Financial Provisions) Act, 1978.”.

46 Amendment of section 9 of the Local Government (Financial Provisions) Act, 1978.

46.—The following section is hereby substituted for section 9 of the Local Government (Financial Provisions) Act, 1978, as inserted by section 9 of the Local Government (Financial Provisions) (No. 2) Act, 1983:

“9. (1) The Minister shall in relation to a local financial year out of moneys provided by the Oireachtas make a grant to a rating authority.

• (2) The Minister shall in respect of each local financial year, as soon as may be, furnish to each rating authority an estimate

of the grant which it is proposed to make to the authority under subsection (1) of this section in relation to that local financial year.”.

47 Functions of revenue collectors.

47.—It is hereby declared that, for the purpose of collection of rates, persons holding the office of revenue collector under a local authority are, and shall be deemed to have always been, empowered to exercise and perform as required the statutory powers, functions and duties of rate collectors.

PART IX Local Authority Personnel

48 Amendment of section 19 (1) of the Act of 1941.

48.—Section 19 (1) of the Act of 1941, is hereby amended by the substitution of the following paragraph for paragraph (m), inserted by section 14 of the Local Government Act, 1955:

• “(m) (i) providing for the imposition by local authorities on holders of suspensions from performance of duties (including short-term disciplinary suspensions, not exceeding seven days), the non-payment of remuneration during the continuance of the suspensions and, upon the termination thereof, the forfeiture (in whole or in part), payment or disposal otherwise of remuneration which would, but for the suspensions, have been paid during the periods thereof,

• (ii) regulating the making of ex-gratia payments, in certain specified circumstances, during the continuance of the suspensions, other than short-term disciplinary suspensions, and prescribing the conditions to be fulfilled in relation to such ex-gratia payments.”.

49 Amendment of section 27 of the Act of 1941.

49.—Section 27 of the Act of 1941 as amended by section 18 of the Local Government Act, 1955 is hereby further amended by the insertion of the following subsections:

• “(7) Notwithstanding subsection (4), whenever an officer is suspended under this section the local authority may, if it thinks fit, make with the consent of the appropriate Minister an ex-gratia payment to the suspended officer.

• (8) Any sum paid under subsection (7) shall be repayable by the officer to the local authority and may be deducted from any moneys payable by the local authority to such officer.

• (9) Any sum paid under subsection (7) shall not be reckoned as salary or emolument for the purposes of schemes or regulations made under the Local Government (Superannuation) Act, 1980.”.

50 Submission of certain statutory requests to the Local Appointments Commissioners.

50.—Notwithstanding section 5(3) of the Act of 1955, the request to the Local Appointments Commissioners provided for by section 6 of the Local Authorities (Officers and Employees) Act, 1926, shall be deemed to have been submitted in respect of the office of a manager, filled in accordance with the provisions of section 47 of the Act of 1991 and any order thereunder, six months in advance of the expiration of the tenure period.

51 Appointment of deputy managers.

51.—(1) (a) A manager who will for any reason, other than suspension from duty, be temporarily unable to act may, after consultation with the appropriate person, appoint an officer of a local authority to be deputy manager for the duration of such inability and may at any time terminate such appointment.

• (b) Where a manager has for any reason become temporarily unable to act and either has not made an appointment under paragraph (a) or an appointment made under the said paragraph has become terminated under the said paragraph or on account of the death or resignation of the appointee, the appropriate person may appoint an officer of a local authority to be deputy manager for the remainder of the duration of such inability. The appropriate person may at any time terminate such appointment.

• (c) Notification of an appointment under paragraph (a) or (b) shall be sent to the Minister and every member of every local authority concerned as soon as may be after the appointment is made.

• (2) The Minister may appoint an officer of a local authority to be deputy manager if a manager is for any reason temporarily unable to act and an appointment under subsection (1) is not for the time being in force. The Minister may at any time terminate such appointment.

• (3) A deputy manager shall, during the continuance of the inability of the manager or until the appointment is sooner terminated under subsection (1) or (2) or on account of death or resignation, act as manager and, for that purpose, a reference in any provision made by or under this or any other Act to a manager shall be construed, where appropriate, as a reference to the deputy manager.

• (4) In this section “appropriate person” means the cathaoirleach of the relevant county council or county borough council.

52 Amendment of section 17 of the Act of 1955.

52.—Section 17 of the Act of 1955 is hereby amended by—

• (a) the substitution of the following subsection for subsection (1):

• “(1) The manager of a local authority may delegate any function performable by such manager to any officer of the authority.”,

• (b) the deletion of the word “approved” in subsection (2) (c), and

• (c) the deletion of subsection (10).

PART X Town Local Government

53 Local Government Reorganisation Commission.

53.—(1) There shall stand established on such day as the Minister may appoint by order a body to be known as the Local Government Reorganisation Commission (“the Commission”).

• (2) The provisions of the Fifth Schedule shall apply to the Commission.

54 Chairperson and members.

54.—(1) The Commission shall consist of not more than seven members one of whom shall be the chairperson.

• (2) The chairperson shall be appointed by the Minister.

• (3) The members shall be appointed by the Minister and shall include—

• (a) a member of a county council,

• (b) a member of a local authority other than a county council or a county borough council,

• (c) a county manager,

• (d) a person having knowledge or experience of local authority staffing matters,

• (e) a person having knowledge or experience in the field of business, commerce or administration,

• (f) an officer of the Minister.

• (4) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein, or who is a member of the European Parliament, shall, while such person is so entitled or is such a member, be disqualified for becoming or being a member of the Commission.

• (5) Nothing in this section shall affect the appointment of a person to fill a casual vacancy pursuant to article 2 of the Fifth Schedule.

55 Guidelines for Commission.

55.—(1) In this section and section 56, except where the context otherwise requires, a reference to a town includes a reference to a borough (other than a county borough), an urban district, a town for which town commissioners are elected, and a town to which section 56 (1) (c) applies.

• (2) In the preparation of a report pursuant to section 56 the Commission shall have regard to—

• (a) the need to secure maximum benefit from the operation of the local government system generally, including the representation of local community interests;

• (b) the need for effectiveness, efficiency and economy and to ensure that the best use is made of available resources in the operation of the local government system and in particular to safeguard the position of county councils as the primary units of local government;

• (c) the need to ensure there is no avoidable increase in financial demands on the Exchequer or on local authorities with consequential implications for taxpayers and locally and that there is no avoidable increase in existing staff numbers and costs;

• (d) community identity, civic tradition, local capabilities and capacities and the provision of a proper system of local government for towns consistent with the foregoing paragraphs; and

• (e) such submissions as may be made to it pursuant to section 57.

56 Reorganisation report.

56.—(1) The Commission shall prepare and submit to the Minister a reorganisation report which shall contain proposals as to—

• (a) (i) arrangements for satisfactory local government for towns in the State including the number of classes of local authority which should be established for such towns,

• (ii) the general role and functions appropriate to each such class of authority,

• (iii) financial, staffing and organisational matters in respect of each such class, and

• (iv) consequential implications for county councils and the appropriate relationships between each such class and such councils;

• (b) the appropriate class for each town for which there is a local authority in existence at the commencement of this Part;

• (c) appropriate criteria and procedures for the establishment of a local authority in a town where there is no local authority;

• (d) such other (if any) matters relating to local government as the Commission may consider relevant or as the Minister may request;

• (e) the measures to be taken and the arrangements to be made (including administrative, statutory and transitional arrangements) for the implementation of the proposals.

• (2) The Commission shall be independent in the performance of its functions.

57 Notice of review.

57.—The Commission shall, as soon as may be after the day appointed under section 53 (1), publish notice of the task it is assigned pursuant to section 56 and shall—

• (a) invite submissions from the public,

• (b) request each local authority to make a submission in relation to the said review, including such information and particulars and within such period, not being less than two months, as may be specified in the notice.

58 Work programme.

58.—(1) The Commission shall commence operations as soon as may be after its establishment and complete its work within a period of 12 months thereafter or such longer period as the Minister may allow. The Commission shall, if requested by the Minister, submit an interim report on any particular aspect of its work.

• (2) The Commission may, for the purposes of its reorganisation report, by notice in writing request any local authority to furnish to it such information as it may reasonably require within such period as shall be specified in the request and a local authority shall comply with any such request.

59 Implementation of reorganisation proposals.

59.—(1) The Minister may, having considered a reorganisation report of the Commission, by regulations under subsection (2) give effect to and provide for the implementation of the proposals made therein, with or without modifications. Different regulations may be made at different times in respect of different matters to allow for the implementation of such proposals on a phased and orderly basis.

• (2) Regulations under this subsection may make provision for—

• (a) the constitution of specified classes of local authority, their titles, corporate status and finances;

• (b) the allocation of functions under different enactments to local authorities of different classes and the application to authorities of different classes of specified enactments;

• (c) the relationships between different classes of local authorities and county councils;

• (d) staffing, organisational and other administrative arrangements;

• (e) criteria and procedures for the establishment of a local authority of a particular class for a town for which there is no local authority in existence at the commencement of this Part; and

• (f) such other measures as may be necessary for the establishment of such classes of local authority.

• (3) Where it is proposed to make regulations under subsection (2) a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

• (4) The Minister may by regulations under this subsection provide that any local authority in existence at the time of the making of such regulations shall be a local authority of such class as may be specified therein.

• (5) Regulations under subsection (2) or (4) may contain all such provisions as appear to the Minister to be necessary or expedient for the purposes of or to give full effect to or to facilitate the implementation of the proposals or modified proposals referred to in subsection (1) and without prejudice to the generality of the foregoing such regulations may include provision for—

• (a) the reconstitution of a local authority as a local authority of a class referred to in subsection (2) (a);

• (b) the making and operation of transitional arrangements arising from or in relation to such implementation including the preparation of schemes by the relevant managers, to have effect in accordance with the provisions of the regulations, in relation to functions, finances, staffing, property, organisational arrangements or any other things affected by such implementation and for the transfer if such is necessary of any property, officers and employees or any other thing to a specified local authority;

• (c) the adjustment of any matter or thing (including any financial adjustment) that in the opinion of the Minister will arise from the implementation of reorganisation proposals or modified proposals;

• (d) any matter or thing for or in respect of which provision is made by section 16 or 17 of the Local Government (Dublin) Act, 1993, or for which provision may be made by order under section 9 or 34 of the Act of 1991 with such modifications as the Minister may consider appropriate in the particular circumstances.

• (6) Regulations under this section shall have effect notwithstanding the provisions of any other enactment and every such enactment shall be construed and have effect subject to and in accordance with the provisions of the regulations.

60 Provision of services to Commission.

60.—A local authority or a public authority may supply to the Commission, on such terms and conditions as may be agreed upon by the relevant authority and the Commission, any services, including services of staff, required by the Commission for the performance of any of its functions.

PART XI Miscellaneous

61 Discharge of certain functions by Minister.

61.—(1) The Minister may by instrument under the Minister's hand or seal delegate to a named officer or to an officer of a specified grade, position or description any function of the Minister specified in the delegation and may revoke the delegation.

• (2) A delegation is without prejudice to the right of the Minister to exercise the function.

• (3) Every delegated function shall be exercisable and performed by the delegated officer subject to the general superintendence and control of the Minister and to such limitations (if any) as may be specified in the delegation or which may be specified by the Minister at any time thereafter.

• (4) In this section, an officer means an officer of the Minister who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956.

62 Cesser of Towns Improvement (Ireland) Act, 1854 in certain areas.

62.—(1) The Towns Improvement (Ireland) Act, 1854, (“the Act of 1854”) shall cease to apply to the relevant areas referred to in subsection (4) and accordingly separate local authority estimates shall no longer be prepared in respect of such areas.

• (2) The successor for all purposes of town commissioners established under the Act of 1854 in respect of the relevant areas shall in each case be the council of the county which includes the particular area and all land and other property of the said commissioners shall vest in the council without any conveyance or transfer.

• (3) The use of any or all of the relevant areas or of areas generally to which the Act of 1854 applied immediately before the commencement of this section by any other enactment for the purposes of defining the area of application or operation of such enactment or for any similar or related purpose shall not be affected by the cesser of application effected by subsection (1) save as may be otherwise so provided by regulations made under this subsection by the Minister responsible for the particular enactment in question and every such enactment shall be subject to and shall have effect in accordance with any such regulations.

• (4) The relevant areas for the purpose of this section are the areas of Callan, Fethard, Newcastle West, Rathkeale, Roscommon and Tullow to which the Act of 1854 applies.

63 Electoral divisions.

63.—(1) The Minister may by regulations divide the area of any county, county or other borough, urban district or town into areas to be known as electoral divisions and may vary the name of any such division or make adjustments to the boundaries of any such division or divisions.

• (2) Where, immediately before the commencement of this section, any county, county or other borough or urban district, stood divided into areas known as district electoral divisions or wards, those areas shall continue in force but on and from such commencement they shall be known as electoral divisions.

• (3) Any reference in any enactment to a district electoral division or a ward, in relation to a county, county or other borough or urban district shall be construed as a reference to an electoral division.

64 Local authority associations.

64.—(1) A local authority may hold membership of an association of local authorities referred to at subsection (2).

• (2) An association of local authorities means, for the purposes of this section, the General Council of County Councils and the Association of Municipal Authorities of Ireland or any other body which may be established in place of either or both of those bodies, the membership of such association being constituted by local authorities and the general function of such association being to represent the collective interests of the local authorities which constitute its membership (hereinafter referred to as “constituent authorities”).

• (3) An association of local authorities shall operate in accordance with a constitution adopted by such association.

• (4) Without prejudice to any other provisions which may be included in a constitution or other rules or standing orders of an association, the constitution of an association of local authorities shall set out the general functions and objectives of the association and provide for the adoption by the association of annual estimates of expenditure and income, for the keeping of all proper and sufficient accounts of all moneys received or expended by it and of its assets and liabilities, for the audit of such accounts, for the adoption of an annual report on the performance of its functions and for such other matters as are necessary to give effect to its function of representing the collective interests of its constituent authorities and to give effect to the matters set out in subsection (5).

• (5) Where a local authority holds membership of an association of local authorities, the following provisions shall apply:

• (a) the local authority may elect such number of delegates to the association as may be specified in the constitution of that association;

• (b) the local authority may make annual contributions to the funds of that association;

• (c) the association shall provide the local authority with a copy of its constitution and shall consult the local authority regarding any proposed changes in the constitution;

• (d) the association shall, prior to the adoption of its annual estimates, provide the local authority with a copy of its draft estimates, with a copy of the estimates when adopted and with a copy of the audited accounts, annual report and such other reports or statements of the association as may be appropriate;

• (e) for the purpose of paragraph (d) the annual estimates shall set out the principal categories of expenditure and income and shall indicate how these relate to the association's estimated financial requirements for the relevant period.

• (6) An association of local authorities may carry out such activities as are necessary to represent the collective interests of the local authorities which constitute its membership including the making of submissions to the Minister or other public authorities as regards any matter relating to local government.

• (7) An association of local authorities shall, for the purposes of this section, in the course of its activities have regard to—

• (a) its general function of representing the collective interests of its constituent authorities,

• (b) the promotion of the interests generally of local government and of democratic representation of local communities,

• (c) the likely costs and ensuing benefits of its activities,

• (d) the need for effectiveness, efficiency and economy and to minimise demands on the resources of its constituent authorities, and

• (e) any submissions made to it by a constituent authority or by the Minister.

• (8) The decision to hold or to cease to hold membership of an association of local authorities shall be a reserved function.

• (9) In each local financial year the amounts estimated as necessary to meet any expenses and provide for any liabilities and requirements of a local authority under this section during the following financial year shall be shown separately in a form directed by the Minister in the estimate of expenses, within the meaning of section 9 of the Act of 1955, of the local authority.

• (10) There shall be recorded in the annual report of a local authority for any year particulars of any expenses incurred under this section, and any other relevant particulars relating to membership of an association of local authorities.

• (11) The Minister may specify the nature of contributions which may be made under subsection (5) (b) or may make regulations for the purposes of any other matter referred to in this section or of any matter relating to or arising from membership by a local authority of an association of local authorities.

• (12) A reference in any enactment to “the association of county councils of Ireland”, “the Irish County Councils General Council” or “the County Councils' General Council” or to any analogous expression shall be construed as a reference to the General Council of County Councils as referred to in subsection (2).

• (13) The provisions of this section shall not prejudice the right of any member of a local authority to be a member in his or her own right of a local authority members' association or of the right of any group of such members to appoint a person to represent them on such an association.

65 Records and archives of local authorities.

65.—(1) It shall be a function of a local authority, subject to the provisions of this section, to make arrangements for the proper management, custody, care and conservation of local records and local archives and for inspection by the public of local archives.

• (2) A local authority may acquire, by purchase, donation, bequest or loan, and undertake the care and conservation of, archival material of local interest which is in the possession of any other person or body (including another local authority).

• (3) The Minister may, after consultation with the Director of the National Archives, give advice or directions to local authorities in relation to any matter relating to local records and local archives and, in particular and without prejudice to the foregoing, in relation to—

• (a) the retention, management, preservation, restoration and reproduction of local records and local archives,

• (b) the certification of local records to be unsuitable for classification as local archives, and the review of such certification at specified intervals,

• (c) the availability of local archives for public inspection,

• (d) the making and provision of copies and extracts from local archives,

• (e) circumstances in which local archives, or particular classes of local archives, may be withheld from public inspection,

• (f) the preparation of guides, lists, indexes and finding aids to local archives,

• (g) the lending of local archives to appropriate institutions, bodies and societies, whether in the State or elsewhere, and

• (h) the disposal of local records and local archives.

• (4)
• (a) In this section, “local records” includes books, maps, plans, drawings, papers, files, photographs, films, microfilms and other micrographic records, sound recordings, pictorial records, magnetic tapes, magnetic discs, optical or video discs, other machine-readable records, other documentary or processed material made or received, and held in the course of its business or as successor to any other body by a local authority and includes copies of any such records duly made, but does not include—

• (i) grants, deeds or other documents of title relating to property for the time being vested in the local authority and

• (ii) any part of the permanent collection of a library, museum or gallery.

• (b) In this section, “local archives” includes—

• (i) such records and documents (and copies of them) as are, at the commencement of this section, held by any local archives service operated by any local authority (whether alone or in co-operation with another person or body);

• (ii) archival material acquired by a local authority pursuant to subsection (2);

• (iii) other local records which are more than 30 years old, except such records as are certified, in accordance with directions under subsection (3), to be unsuitable for classification as local archives.

• (5) Section 13 of the National Archives Act, 1986 shall cease to have effect in relation to records or documents of a local authority.

• (6) Without prejudice to subsection (3), the National Archives Advisory Council may advise the Minister on any matter affecting local archives and their use by the public.

• (7) Nothing in this section shall affect any rights of a person claiming to be the owner of a document to recover the document.

• (8) The making or supplying of reproductions by or under the direction of a local authority of archives which are held in accordance with this section and are open to public inspection shall not, subject to any terms or conditions under which archival material was acquired under subsection (2), infringe the copyright of such archives.

• (9) A person shall not conceal, damage or destroy archives held in accordance with this section and shall not remove, publish or reproduce the whole or any part of any such archives without the written consent of the relevant local authority.

• (10) A person who contravenes subsection (9) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

66 Removal of difficulties.

66.—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 the Minister 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 section in relation to a provision of this Act after the expiration of 3 years from the commencement of that provision.

67 Amendment of sections 76 to 79 of the Act of 1946.

67.—(1) Sections 76 to 79 of the Local Government Act, 1946 (amended by section 53 of the Local Government Act, 1955) are hereby amended by the substitution of—

• (a) “the majority of the qualified electors” for “four-sevenths of the ratepayers”, and

• (b) “qualified electors” for “ratepayers”,

wherever the expressions occur in the said sections.

• (2) For the purposes of the said sections, “qualified electors” means every person who in relation to the urban district, town, townland, non-municipal town, street or locality, as the case may be—

• (a) is registered as a local government elector in the register of local government electors for the time being in force, or

• (b) not being so registered is the rated occupier of a hereditament other than a hereditament the valuation of which attracts an allowance equal to full abatement of rates pursuant to section 3 of the Local Government (Financial Provisions) Act, 1978.

68 Expenses.

68.—(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 being 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).

FIRST SCHEDULE Enactments Repealed and Order and Regulations Revoked

Part I 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 5, 14, 28, 29, 30, 52, 58, 83, 92, 125, 126 and 127.
7 & 8 Vict. c. 106	County Dublin Grand Jury Act, 1844	Sections 5 and 43.
10 & 11 Vict. c. 16	Commissioners Clauses Act, 1847	Sections 37, 38, 40, 41, 42, 43, 44, 45, 47, 48, 51, 52, 53, 54 and 55.
10 & 11 Vict. c. 34	Towns Improvement Clauses Act, 1847	Sections 132, 133, 135, 142, 143, 200, 201, 202, 203, 204, 205, 206, 207 and 208.
15 & 16 Vict. c. 63	Valuation (Ireland) Act, 1852	Sections 27 and 32.
17 & 18 Vict. c. 103	Towns Improvement (Ireland) Act, 1854	Sections 4, 5, 6, 7, 8, 9, 10, 13, 14, 15, 21, 27, 50, 57, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87 and 88.
		In section 28, the words “meetings and other”.
		In section 55, the words “as relates to things to be done by the commissioners by special order only, and so much thereof as relates to clocks, and so much thereof”.
18 & 19 Vict. c. 40	Public Libraries (Ireland) Act, 1855	The Whole Act.
32 & 33 Vict. c. 28	Public Parks (Ireland) Act, 1869	The Whole Act.
35 & 36 Vict. c. 6	Public Parks (Ireland) Act, 1869, Amendment Act, 1872	The Whole Act.
35 & 36 Vict. c. 69	Local Government Board (Ireland) Act, 1872	Sections 7 and 10.
40 & 41 Vict. c. 15	Public Libraries (Ireland) Amendment Act, 1877	The Whole Act.
40 & 41 Vict. c. 54	Public Libraries Amendment Act, 1877	The Whole Act.
41 & 42 Vict. c. 52	Public Health (Ireland) Act, 1878	Sections 11, 39, 40, 41, 42, 46, 49, 56, 63, 87, 88, 89, 90, 91, 93, 94, 95, 96, 97, 98, 99, 102, 103, 128, 129, 219, 221, 222, 223, 224 and 225.
		In section 174, all the words after “was within such limits;”.
		The proviso to section 185.
		In section 195, the words “,with the sanction of the Local Government Board and subject to regulations approved of by the said board,”.
47 & 48 Vict. c. 37	Public Libraries Act, 1884	The Whole Act.
51 & 52 Vict. c. 53	Borough Funds (Ireland) Act, 1888	The Whole Act.
53 & 54 Vict. c. 59	Public Health Acts Amendment Act, 1890	Sections 13, 14, 15, 23, 24, 25, 33, 39, 40, 42, 43, 44, 45 and 46.
54 & 55 Vict. c. 22	Museums and Gymnasiums Act, 1891	The Whole Act.
57 & 58 Vict. c. 38	Public Libraries (Ireland) Act, 1894	The Whole Act.
59 & 60 Vict. c. 54	Public Health (Ireland) Act, 1896	Sections 4, 7, 21, 22, 23, 26, 28 and 29.
61 & 62 Vict. c. 37	Local Government (Ireland) Act, 1898	Sections 3, 15, 16, 17, 20, 23, 36, 42, 66, 77, 94 and 97.
61 & 62 Vict. c. 53	Libraries Offences Act, 1898	The Whole Act.
63 & 64 Vict. c. 63	Local Government (Ireland) Act, 1900	Section 1.
1 Edw. 7., c. 19	Public Libraries Act, 1901	The Whole Act.
2 Edw. 7., c. 20	Public Libraries (Ireland) Act, 1902	The Whole Act.
2 Edw. 7., c. 38	Local Government (Ireland) Act, 1902	Sections 2, 3, 5, 10, 11, 12, 14 and 15.
6 Edw. 7., c. 25	Open Spaces Act, 1906	In section 9 the words “open space or” where they appear in subsections (a), (b) and (c).
		In section 10 the words “open space or” where they first appear in subsections (a) and (b).
		In section 12 the words “open spaces and”.
		In section 13 the words “open space or”.
		In section 15 the words “open space or” where they appear in subsection 1.
7 Edw. 7., c. 53	Public Health Acts Amendment Act, 1907	Sections 15, 16, 17, 18, 22, 24, 25, 26 and 47; Parts V and VI; and sections 82, 84, 86 and 94.
8 Edw. 7., c. 48	Post Office Act, 1908	Section 49.
1 & 2 Geo. 5., c. 9	Public Libraries (Art Galleries in County Boroughs) (Ireland) Act, 1911	The Whole Act.
9 & 10 Geo. 5., c. 75	Ferries (Acquisition by Local Authorities) Act, 1919	The Whole Act.
No. 5 of 1925	Local Government Act, 1925	Sections 59, 60, 62, 64, 65, 66, 78, 79, 80 and 82.
No. 15 of 1926	Street Trading Act, 1926	Section 6.
No. 8 of 1926	Acquisition of Land (Allotments) Act, 1926	The Whole Act.
No. 39 of 1926	Local Authorities (Officers and Employees) Act, 1926	Section 12 (2), (3) and (4).
No. 3 of 1927	Local Government Act, 1927	Sections 8, 9, 10, 13, 14 and 15.
No. 1 of 1929	Cork City Management Act, 1929	Sections 6, 7 and 10 (1).
No. 27 of 1930	Local Government (Dublin) Act, 1930	Sections 31, 32, 37, 38 and 76.
No. 15 of 1931	Tourist Traffic (Development) Act, 1931	The Whole Act.
No. 5 of 1933	Local Government Act, 1933	The Whole Act.
No. 7 of 1934	Acquisition of Land (Allotments) (Amendment) Act, 1934	The Whole Act.
No. 35 of 1934	Limerick City Management Act, 1934	Sections 5 (3), 7 (4) to (7), 9 and 10.
No. 17 of 1935	Pounds (Provision and Maintenance) Act, 1935	In section 3 (2), the words “with the sanction of the Minister for Local Government” and the words “and shall apply the proceeds (if any) of any such sale, surrender or disposition in such manner as the said Minister shall direct”.
No. 46 of 1936	Local Government Act, 1936	The Whole Act.
No. 54 of 1936	Liffey Reservoir Act, 1936	Section 26.
No. 14 of 1937	Local Elections Act, 1937	The Whole Act.
No. 14 of 1939	Local Authorities (Combined Purchasing) Act, 1939	The Whole Act.
No. 25 of 1939	Waterford City Management Act, 1939	Sections 4 (3), 5 (1), 5 (4) to (7) and 9.
No. 15 of 1940	Local Authorities (Officers and Employees) (Amendment) Act, 1940	Section 6.
No. 5 of 1941	Cork City Management (Amendment) Act, 1941	Sections 2, 3 and 5.
No. 23 of 1941	Local Government Act, 1941	Sections 6, 33,(1) (2), (4), (5) and (7), 34 (3), 35, 43, 57, 73 and 88.
No. 8 of 1945	Local Government (Dublin) Act, 1945	Section 4.
No. 9 of 1946	Harbours Act, 1946	In section 38 (6), all the words after the word “proper”.
No. 24 of 1946	Local Government Act, 1946	Sections 30, 62, 63, 66, 75 and 99.
No. 40 of 1947	Public Libraries Act, 1947	The Whole Act.
No. 3 of 1948	Local Government (Sanitary Services) Act, 1948	Sections 5, 30 (3), 35 to 40, 41 (2) 42 (1), 42 (3) and (4), 43 and 48.
		In section 44 (2) (b), the word “his”.
No. 9 of 1955	Local Government Act, 1955	Sections 39, 52, 53 (4), 55, 56, 57, 61 (1) (a) and (3), 62, 68 and 69.
No. 12 of 1955	City and County Management (Amendment) Act, 1955	In section 17 (2) (c), the word “approved”. Sections 17 (10), 18 and 22.
No. 23 of 1960	Local Government Act, 1960	The Whole Act.
No. 40 of 1960	Local Government (No. 2) Act, 1960	Section 14.
No. 12 of 1963	Coast Protection Act, 1963	In section 2 (3) (c), the words “with the consent of the Minister for Local Government and” and the words “as that, Minister has approved of”.
		In section 10 (5), the words “the Minister for Local Government”.
		In section 17 (1) (a) and (b) the words “with the consent of the Minister for Local Government,”.
No. 19 of 1963	Electoral Act, 1963	Part VI.
No. 28 of 1963	Local Government (Planning and Development) Act, 1963	Section 50.
No. 19 of 1965	Local Elections Act, 1965	Sections 2 (1), 3, 4 and 6.
No. 28 of 1966	Local Elections Act, 1966	The Whole Act.
No. 12 of 1972	Local Elections Act, 1972	The Whole Act.
No. 3 of 1973	Electoral (Amendment) Act, 1973	Sections 1 (3) and 4.
No. 7 of 1973	Local Elections Act, 1973	The Whole Act.
No. 8 of 1974	Local Elections (Petitions and Disqualifications) Act, 1974	Section 24.
No. 1 of 1980	Fisheries Act, 1980	Section 27 (6).
No. 11 of 1982	Litter Act, 1982	Section 4 (7) and (8).
No. 17 of 1985	Farm Tax Act, 1985	The Whole Act.
No. 11 of 1986	National Archives Act, 1986	Section 13 (2).
No. 32 of 1986	Control of Dogs Act, 1986	Section 17 (3), (4) and (5).
No. 11 of 1991	Local Government Act, 1991	Sections 12, 13, 14, 15, 16 and 35.
		In section 33 (1), the words “or (2)”.
No. 18 of 1992	Housing (Miscellaneous Provisions) Act, 1992	Section 20 (3).

Part II Order and Regulations Revoked

Number and Year	Short Title	Extent of Revocation
(1)	(2)	(3)
	The Local Government (Application of Enactments) Order, 1898	Articles 11, 12, 35, 36, 37 and 38 of the Schedule to the Order.
S.I. No. 128 of 1965	Local Elections Regulations, 1965	In full
S.I. No. 117 of 1974	Local Elections (Amendment) Regulations, 1974	In full.

SECOND SCHEDULE Amendment of Enactments

Session and Chapter or Number and Year	Short Title	Nature of Amendment
(1)	(2)	(3)
34 & 35 Vict. c. 109	Local Government (Ireland) Act, 1871	In section 12, substitute the words “shall, having regard to the principles and practice of local government audit, examine such accounts as are necessary for the purpose of discharging the duties and functions of the auditor under this Act” for the words “shall examine into the matter of every account which is to be audited by him”.
No. 35 of 1934	Limerick City Management Act, 1934	After section 25 (3), the insertion of the following subsection:
		“(3A) for the purposes of the application by subsection (3) of this section of the law relating to the collection and recovery of rates, a reference in section 152 of the Grand Jury (Ireland) Act, 1836, as incorporated by section 73 of the Poor Relief (Ireland) Act, 1838, to a notice subscribed with the name and abode of the collector shall mean and be deemed always to have meant the name and office or place of residence (including the dwelling house) of the collector; and reference to the money demanded being paid to the collector at his house or office shall be satisfied if the said money be paid at such place as is specified in the notice in that behalf.”.
No. 25 of 1939	Waterford City Management Act, 1939	After section 24 (3), the insertion of the following subsection:
		“(3A) for the purposes of the application by subsection (3) of this section of the law relating to the collection and recovery of rates, a reference in section 152 of the Grand Jury (Ireland) Act, 1836, as incorporated by section 73 of the Poor Relief (Ireland) Act, 1838, to a notice subscribed with the name and abode of the collector shall mean and be deemed always to have meant the name and office or place of residence (including the dwelling house) of the collector; and reference to the money demanded being paid to the collector at his house or office shall be satisfied if the said money be paid at such place as is specified in the notice in that behalf.”.
No. 5 of 1941	Cork City Management (Amendment) Act, 1941	After section 16 (3), the insertion of the following subsection:
		“(3A) For the purposes of the application by subsection (3) of this section of the law relating to the collection and recovery of rates, a reference in section 152 of the Grand Jury (Ireland) Act, 1836, as incorporated by section 73 of the Poor Relief (Ireland) Act, 1838, to a notice subscribed with the name and abode of the collector shall mean and be deemed always to have meant the name and office or place of residence (including the dwelling house) of the collector; and reference to the money demanded being paid to the collector at his house or office shall be satisfied if the said money be paid at such place as is specified in the notice in that behalf.”.
No. 23 of 1941	Local Government Act, 1941	In subsections (1) (a), (1) (b) and (2) of section 68 substitute the words “the Minister or by an officer to whom a delegation has been made under section 61 of the Local Government Act, 1994” for the words “the Minister”.
No. 24 of 1946	Local Government Act, 1946	After section 12 (2), the insertion of the following subsection:
		“(2A) For the purposes of the application by subsection (2) of this section of the law relating to the collection and recovery of rates, a reference in section 152 of the Grand Jury (Ireland) Act, 1836, as incorporated by section 73 of the Poor Relief (Ireland) Act, 1838, to a notice subscribed with the name and abode of the collector shall mean and be deemed always to have meant the name and office or place of residence (including the dwelling house) of the collector; and reference to the money demanded being paid to the collector at his house or office shall be satisfied if the said money be paid at such place as is specified in the notice in that behalf.”.
		After section 18 (2), the insertion of the following subsection:
		“(2A) For the purposes of the application by subsection (2) of this section of the law relating to the collection and recovery of rates, a reference in section 152 of the Grand Jury (Ireland) Act, 1836, as incorporated by section 73 of the Poor Relief (Ireland) Act, 1838, to a notice subscribed with the name and abode of the collector shall mean and be deemed always to have meant the name and office or place of residence (including the dwelling house) of the collector; and reference to the money demanded being paid to the collector at his or her house or office shall be satisfied if the said money be paid at such place as is specified in the notice in that behalf.”.
No. 3 of 1948	Local Government (Sanitary Services) Act, 1948	In section 44 (1), substitute the words “a burial board under the Acts other than a joint burial board”, for the words “the Minister,”.
		In section 44 (2) (b), the addition to that paragraph after the word “ground”, of the words “prior to the commencement of subsection (2A)”.
		After section 44 (2) (c), the insertion of the following subsection:
		“(2A) A place as respects which a permission has been granted for a burial ground under the Local Government (Planning and Development) Acts, 1963 to 1993 or a burial ground provided by a local authority shall be a burial ground for the purposes of subsection (2) of this section.”.
		In sections 46 (1) and (2) substitute the words “A burial board other than a joint burial board” for the words “The Minister”.
		In section 46 (2) substitute the word “it” for the word “he”.
No. 12 of 1955	City and County Management (Amendment) Act, 1955	In section 10 (3), substitute the words “a charge not exceeding the reasonable cost of making the copy” for the words “the price of one shilling per copy”.
No. 12 of 1963	Coast Protection Act, 1963	In sections 17 (e) and 26 (6) and (7), substitute “Minister for the Marine” for “Minister for Local Government”.
		In section 26 (8), substitute “Minister for the Marine” for “Minister for Local Government after consultation with the Minister for Transport and Power”.
No. 11 of 1991	Local Government Act, 1991	In section 32, substitute the following for subsection (2):
		“(2) Before deciding whether to make an order under section 24 of the Local Government Act, 1994 in relation to a local electoral boundary the Minister shall request a boundary committee to prepare a report. The committee shall if so requested prepare and furnish to the Minister a report in writing which shall include its recommendations and the Minister shall publish the report and shall have regard to it in deciding whether to make the order and the provisions of sections 33 (2) to (6) shall apply for the purposes of such request and report.”.
No. 18 of 1992	Housing (Miscellaneous Provisions) Act, 1992	After section 20 insert the following section:
		“20A. The Minister may make regulations requiring the landlord of a house, let for rent or other valuable consideration to pay to the housing authority such annual or other fee as may be prescribed in relation to the functions of the authority under section 17, 18 or 20.”.

THIRD SCHEDULE Alteration of Certain Town Boundaries

Athlone	Cootehill	Monaghan
Balbriggan	Drogheda	Mountmellick
Ballina	Dundalk	Mullingar
Ballinasloe	Edenderry	Navan
Ballybay	Enniscorthy	Nenagh
Ballyshannon	Fermoy	New Ross
Bandon	Gorey	Passage West
Boyle	Greystones	Portlaoise
Bray	Kells	Sligo
Buncrana	Kilkenny	Templemore
Carlow	Killarney	Thurles
Carrickmacross	Kinsale	Tipperary
Cashel	Letterkenny	Tralee
Castlebar	Lismore	Trim
Castleblaney	Listowel	Tuam
Cavan	Longford	Tullamore
Clonakilty	Mallow	Wexford
Clones	Midleton	Wicklow
Cobh		Youghal

FOURTH SCHEDULE Amenities, Facilities and Services

Artistic and cultural activities	The provision of art galleries, arts centres, concert halls, museums, theatres, opera houses and the holding of artistic and cultural performances, exhibitions and events.
Sports, games and related activities	The provision (both indoor and outdoor) of playing fields, athletic tracks, swimming pools and other bathing places, sports centres, gymnasia and other facilities and the holding of sporting events.
General recreational and leisure activities	The provision of parks, gardens, open spaces, playgrounds, animals, picnic sites, viewing points, footpaths, walks, boats, piers, other landing places and marinas.
Civic improvements	The provision of street furniture, paving, clocks, statues, monuments and other features, illumination and decoration and other measures designed to upgrade the urban environment.
General environmental and heritage protection and improvement	Landscaping, the planting of trees and other flora, measures for the conservation, preservation and protection of landscapes and habitats, of buildings and other features of artistic, amenity, architectural, historic, heritage or natural interest.
The public use of amenities (both natural and man made)	The provision of access, signs, vehicle parks, safety equipment, information and refreshment facilities, sanitary accommodation, utilities, seating, shelter and any other apparatus, equipment or anything else necessary to facilitate such use.

FIFTH SCHEDULE Local Government Reorganisation Commission

• (b) Subject to the provisions of this Schedule the chairperson and other members of the Commission shall hold office on such terms and conditions as the Minister may determine.

• (a) the chairperson shall, if present, be the chairperson of the meeting, and

• (b) if and so long as the chairperson is not present or if the office of chairperson is vacant, the members of the Commission who are present shall choose one of their number to be chairperson of the meeting.