Local Government Act , 1994
(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
The chairperson or any other member of the Commission may at any time resign from office by letter addressed to the Minister and the resignation shall take effect from the date of receipt of the letter by the Minister.
Where a casual vacancy occurs among the members of the Commission, the Minister shall appoint a person pursuant to this article to fill such vacancy who shall hold office for the remainder of the term of office of the replaced member.
The Minister may remove from office any member (including the chairperson) of the Commission if, in the opinion of the Minister, that person has become incapable through ill-health of effectively performing the duties of the office or has committed stated misbehaviour or that person's removal appears to the Minister to be necessary or desirable for the effective performance by the Commission of its functions.
(a) The chairperson and any other member of the Commission may be paid out of moneys at the disposal of the Minister, such remuneration (if any) and allowances for expenses incurred by that person as the Minister, with the consent of the Minister for Finance, may determine.
(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.
The Commission shall hold such and so many meetings as may be necessary for the performance of its functions.
The quorum for a meeting of the Commission shall be three.
At a meeting of the Commission—
(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.
Each member of the Commission present at a meeting thereof shall have a vote.
Every question at a meeting of the Commission shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.
Subject to article 6 the Commission may act notwithstanding one or more vacancies in its membership.
Subject to the provisions of this Act, the Commission shall regulate, by standing orders or otherwise, the procedure and business of the Commission.
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