LOCAL GOVERNMENT ACT, 2001

Type Act
Publication 2001-07-21
Last updated 2026-07-01
State Partially repealed
Text Latest available text
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articles 313

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

90 amending acts · 2026-07-01, ÚDARÁS NA GAELTACHTA (AMENDMENT) ACT 2026

Act to make further and better provision in relation to local government and, in particular, to consolidate with amendments certain enactments relating generally to local authorities

Reform history JSON API
  • (b) Subject to clause (a), a committee may regulate its own business and proceedings by way of its own standing orders or otherwise.

17.—(1) Paragraphs 12, 13, 14 and 15, and paragraph 16 in so far as it is relevant, apply in relation to a committee of a local authority F326[or, subject to any regulations made under section 44(3), a joint committee] with any necessary modifications.

  • F328[(1A) In the application under subparagraph (1) of paragraph 13, nothing shall be read as enabling a committee of a local authority or a joint committee passing a resolution to suspend a person other than from the committee or joint committee itself.]
  • (2) The quorum for a meeting of a committee shall be such as may be fixed by the local authority which established it but in no case shall be less than 3.

18.—(1) Where 2 or more persons are to be appointed by a local authority to a body to which this paragraph applies, then—

  • (a) any group of members who are present at the meeting at the time when the business of making the appointments is reached and comprising the number of members necessary for the purposes of this paragraph may nominate a person to be a member of that body and the person shall be so appointed on that nomination without any vote being taken, and
  • (b) the members of the body then remaining to be appointed shall be appointed successively by the members of the local authority who are not members of any group referred to in clause (a) and who were present at the meeting at the time when the business of making the appointments was reached.

(2)(a) Subject to clause (b) the number of members necessary to form a group for the purposes of this paragraph shall be obtained by dividing the total number of members present at the meeting of the authority at the time when the business of making the relevant appointments is reached by the number of the appointments to be so made, or, where the number so obtained is not a whole number, the whole number next above the number so obtained.

  • (b) No member of a local authority shall be a member of more than one group for the purposes of this paragraph.
  • (3) This paragraph applies to the following bodies:
  • (a) a committee of a local authority;
  • (b) a joint committee or joint body of one or more local authorities;
  • (c) F329[an education and training board];
  • (g) a regional tourism organisation;
  • (h) the General Council of County Councils;
  • (i) the Association of Municipal Authorities of Ireland;
  • (k) a LEADER group established in the framework of an EU community initiative for rural development;
  • (l) the Dublin Transportation Office Advisory Committee;
  • (m) an Area Partnership Board;
  • (n) such other body or bodies as may be specified by order of the Minister either generally or in respect of one or more specified local authorities.

(4)(a) This paragraph applies to the appointment of—

  • (i) members of a local authority, and
  • (ii) other persons who are not members (where such appointment is authorised by or under any enactment),

to a body referred to in subparagraph (3), whether by way of nomination or election.

  • (b) Clause (a) does not apply as regards the appointment of persons who are not members of a local authority to membership of a strategic policy committee, a municipal policy committee, a local consultative committee, F329[an education and training board] or a school attendance committee.
  • (5) This paragraph shall not be read so as to make unnecessary for appointment to any office, post or position, the possession of any special knowledge, experience or other qualification the possession of which is required by law for appointment to the office, post or position.
  • (6) This paragraph shall not be read so as to affect the entry to or tenure of membership of any body, or any other office, held by virtue of being an office holder.
  • (7) F330[…]

19.—(1) A local authority shall seek to promote the objective of an appropriate gender balance in the making of appointments by it to bodies to which paragraph 18 applies and to other bodies.

  • (2) The Minister may issue guidelines as regards the objective referred to in subparagraph (1), and a local authority shall comply with any such guidelines in the making of its appointments to the bodies concerned.
  • (3) A local authority may by resolution make rules for the purpose of ensuring that appointments made by it to bodies to which paragraph 18 applies and to other bodies are made fairly and equitably, taking account of the various interests represented on the authority and the totality of the appointments to be made to those bodies.
  • (4) Nothing in this paragraph shall be read as prohibiting the operation of paragraph 18 by any group of members except that any member who voted for a resolution under this paragraph shall not—
  • (a) form any part of a group by virtue of paragraph 18 in relation to a body to which rules referred to in subparagraph (3) apply, or
  • (b) vote in accordance with paragraph 18 in relation to an appointment to such body.

SCHEDULE 11

Section 62.

Local Authority Boundary Alteration

1.

The following are the matters referred to in section 62(2):

  • (a) the functions of any authority concerned in relation to a relevant area;
  • (b) the inclusion of a relevant area, in any local electoral area or any administrative or geographical district or other division used for any purpose of public administration;
  • (c) the application or non-application of any enactment to a relevent area;
  • (d) the continuance of legal proceedings commenced by or against any authority concerned before the making of the primary order concerned where such proceedings relate to any matter, right, duty or liability arising, accrued or incurred in, or relating to, any relevant area;
  • (e) such modifications, adaptation or amendment of any enactment as may be necessary for the purposes of the primary order;
  • (f) an adjustment between any authorities concerned (which may include provision for the payment of money, by a single payment or in 2 or more instalments, by one or more authorities concerned to any other authority or authorities concerned) in relation to all or any of the following:
  • (i) any net loss of revenue, actual or prospective, which is or may be incurred by any authority concerned in consequence of the primary order,
  • (ii) property, whether real or personal (including choses-in-action), vested in or belonging to or held in trust for any authority concerned and wholly or partly situated in or relating to any relevant area,
  • (iii) debts (including mortgage debts), charges created by statute and other liabilities (including unliquidated amounts, unliquidated damages arising from torts or breaches of contract and accruing or prospective liabilities), due and unpaid, or incurred and undischarged, and relating wholly or in part to any relevant area,
  • (iv) agreements or arrangements between any authorities concerned with respect to financial matters,
  • (vi) rates and charges due and payable or accruing due,
  • (vii) the assessment and levying of rates and charges in any relevant area, (including the temporary reduction of valuations and the making of abatements),

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

  • (g) the transfer of employees of an authority or authorities concerned to any other authority or authorities concerned;
  • (h) the enabling of provision to be made in respect of any matter referred to in subparagraph (f) (where provision in respect of it is not otherwise made by a supplementary order) by agreement between the authorities concerned or in the event of a failure by the authorities concerned to reach agreement, in such manner as may be specified in the order;
  • (i) the preparation of official maps showing the boundary of any relevant area and the evidential value of such maps;
  • (j) transitional matters relating to any development plan (within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1999) in so far as it relates to any relevant area;
  • (k) the continuance of any thing done, or treated by virtue of any enactment as having been done, by, to or in relation to, any authority concerned in relation to any relevant area;
  • (l) the register of electors and polling districts to be used at any election of councillors for any local electoral area;
  • (m) the continuance in office of members of any authority concerned;
  • (n) the alteration of the number of members of any county council, city council or town council concerned;
  • (o) the alteration of any local electoral areas and the number of members assigned to such area for any local authority concerned;
  • (p) any other matter which appears to be necessary or proper for bringing into operation and giving full effect to the primary order.
2.

In paragraph 1(k) “thing” includes the following:

  • (a) any written agreement or other instrument in writing or any scheme, plan, statement, policy, strategy, determination, declaration, undertaking, made or adopted by or on behalf of, or to be treated as having been made or adopted by or on behalf of an authority concerned;
  • (b) any direction given, revocation made, or to be treated as having been given or made, by or to an authority concerned;
  • (c) any licence, permit, certificate, permission, consent, approval, authorisation, exemption, relaxation, acknowledgement or dispensation granted or given, or to be treated as having been granted or given, by or to an authority concerned;
  • (d) any application, proposal or objection made, or to be treated as having been made, by or to an authority concerned;
  • (e) any condition or requirement imposed, or to be treated as having been imposed, or any notice served or to be treated as having been served, by or on an authority concerned.
3.

An adjustment under paragraph 1(f) or an agreement under paragraph 1(h) may include—

  • (a) in the case of property referred to in paragraph 1(f)(ii), provision for the retention of the property by any authority concerned or for the transfer of it to another authority concerned or for the joint use of such property by 2 or more authorities concerned, and
  • (b) in the case of a debt or other liability referred to in paragraph 1(f)(iii), provision for the whole of such debt or liability being borne by any authority concerned or for the apportionment of the liability between 2 or more authorities concerned.

SCHEDULE 12 Acts of the Oireachtas: Functions of Local Authorities Section 63.

PART 1 Responsibility primarily with the Minister

Air Pollution Act 1987

Building Control Act 1990

Control of Dogs Acts 1986 and 1992

Derelict Sites Act 1990

Dublin Docklands Development Authority Act 1997

Electoral Acts 1992 to 2004

Environmental Protection Agency Acts 1992 to 2007

Fire Services Acts 1981 and 2003

Housing Acts 1966 to 2004

Housing (Private Rented Dwellings) Acts 1982 and 1983

Licensing of Indoor Events Act 2003

Litter Pollution Acts 1997 to 2003

Local Authorities (Miscellaneous Provisions) Act 1936

Local Authorities (Mutual Assurance) Acts 1926 to 1935

Local Authorities (Officers and Employees) Acts 1926 to 1983

Local Authorities (Works) Act 1949

Local Elections Acts 1974 to 2004

Local Government Acts 1925 to 2007

Local Government (Collection of Rates) Act 1924

Local Government (Multi-Storey Buildings) Act 1988

Local Government (Rates) Act 1970

Local Government (Sanitary Services) Acts 1878 to 2001

Local Government (Superannuation) Act 1980

Local Government (Water Pollution) Acts 1977 to 2007

National Monuments Acts 1930 to 2004

Planning and Development Acts 2000 to 2007

Presidential Elections Acts 1992 to 2004

Protection of the Environment Act 2003

Seanad Electoral (Panel Members) Acts 1947 to 2001

Town Renewal Act 2000

Urban Renewal Acts 1986 and 1987

Urban Renewal Act 1998

Waste Management Acts 1996 to 2003

Water Services Act 2007

Water Supplies Act 1942]

F331[PART 2 Responsibility primarily with a Minister of the Government other than the Minister]

F331[ Abattoirs Act 1988

Air-raid Precautions Acts 1939 and 1946

Animals Act 1985

Arterial Drainage Acts 1945 and 1995

Arts Act 2003

Canals Acts 1986 and 2005

Casual Trading Act 1995

Civil Defence Acts 1939 to 2002

Coast Protection Act 1963

Communications Regulation Act 2002

Control of Horses Act 1996

Coroners Acts 1962 and 2005

Dangerous Substances Acts 1972 and 1979

Dublin Transport Authority (Dissolution) Act 1987

Finance (Excise Duties) (Vehicles) Acts 1952 and 1960

Food Safety Authority of Ireland Act 1998

Foreshore Acts 1933 to 2005

Gaming and Lotteries Acts 1956 to 2003

Harbours Acts 1996 to 2005

Harbours Acts 1946 to 2005

Health Acts 1947 to 2006

Health (Fluoridation of Water Supplies) Act 1960

Intoxicating Liquor Act 2003

Local Authorities (Higher Education Grants) Acts 1968 to 1992

Local Authorities (Traffic Wardens) Acts 1975 and 1987

Malicious Injuries Acts 1981 and 1986

Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Act 2003

Pounds (Provision and Maintenance) Act 1935

Roads Acts 1993 to 2001

Road Traffic Acts 1961 to 2006

Safety, Health and Welfare at Work Act 2005

Social Welfare Acts

State Authorities (Public Private Partnership Arrangements) Act 2002

Údarás na Gaeltachta Acts 1979 to 1999

Universities Acts 1997 and 1999

Valuation Act 2001

F334[Education and Training Boards Act 2013]]

SCHEDULE 13

Section 67.

Amenities, Recreation and Other Functions

1 2
Artistic, linguistic and cultural activities The provision of art galleries, arts centres, concert halls, museums, theatres, opera houses and the holding of artistic, linguistic and cultural performances and events and promotional activities.
Sports, games and similar 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, play equipment, 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 local 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 sites and features of artistic, amenity, architectural, archaeological, historic, heritage or natural interest.
The public use of amenities (both natural and made or altered by human intervention) 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.
Allotments, fairs and markets The provision of land, buildings, services, related amenities and facilities and promotional activity.
Promotion of public safety Support of safety programmes and events and local safety support services (including fire safety, road safety, water safety and rescue and mountain and cave safety and rescue); and provision of safety equipment.

SCHEDULE 14

Section 131.

Certain Reserved Functions

1.

The procedure at any meeting of a local authority or joint body.

2.

The appointment, whether by way of nomination or election, of a person to be a member of a public authority.

3.

The election of a Cathaoirleach or a Leas-Chathaoirleach of a local authority by that authority in accordance with Part 5 or of a chairperson of a joint body.

4.

The determination of an annual rate on valuation.

5.

The making, amending or revoking of a bye-law by a local authority under any other enactment where the provisions governing such making, amendment or revocation do not provide that it is a reserved function.

6.

The making or revoking of an order or the passing or rescinding of a resolution by virtue of which an enactment is brought into operation in or is made to apply to the functional area or a part of such area of a local authority.

7.

The application to be made to any Minister in respect of the making or revoking of any such order as is mentioned in paragraph 6.

8.

The demanding (however expressed) under any enactment including this Act of the whole or a part of the expenses of a local authority or of a joint body from any other local authority.

SCHEDULE 14A

Sections 131 and 131A

PART 1 Reserved Functions to be Performed, Subject to Section 131A(4), by Municipal District Members

Reference No. (1) Description of reserved function (2) Provision under which reserved function is conferred (3)
1 Adopting or reverting to the title “Cathaoirleach” and “Leas-Chathaoirleach” and giving to the office of Cathaoirleach or Leas-Chathaoirleach alternative titles. Section 32 and Schedule 8.
2 Removal from office of the Cathaoirleach or Leas-Chathaoirleach. Section 34.
3 Deciding to hold special meetings; appointing days and times of meetings; appointing a regular schedule for the holding of ordinary meetings; appointing different days, times and places for different meetings; appointing the day for holding the annual meeting other than in a year in which a local election is held; making additional arrangements for the giving of public notice of meetings; resolving that a member leave a meeting; making, amending or revoking standing orders; making rules for the purpose of ensuring that appointments to bodies are made fairly and equitably. Section 44 and paragraphs 1, 2, 3, 8, 13, 16 and 19 of Schedule 10.
4 Deciding to meet in committee for whole or part of a meeting where the municipal district members consider that such action is not contrary to the overall public interest. Section 45.
5 Establishing a committee to consider matters connected with the functions of the local authority and to assist and advise the authority on those matters; appointing the members of a committee; and dissolving a committee. Subsections (1) (a), (3) and (4) of section 51.
6 Adoption of statements regarding the economic elements of the local economic and community plan for the consideration of the elected council of the local authority. Section 66C (inserted by section 44 of the Local Government Reform Act 2014).
7 Adoption of statements regarding the community elements of the local economic and community plan for the consideration of the elected council of the local authority. Section 66C (inserted by section 44 of the Local Government Reform Act 2014).
8 Consideration of and making amendments to a draft budgetary plan. Section 102(4A).
9 Consideration and adoption of an annual schedule of proposed works to be carried out in the district. Section 103A.
10 Establishing a community fund for the purposes of supporting community initiatives. Section 109.
11 Adopting a scheme for the making of an annual contribution by the occupier of each dwelling in the area to which the scheme applies towards particular community initiatives specified in the scheme. Section 110.
12 Deciding, subject to the approval of the Minister, that a particular function of the municipal district members should be performed only by the local authority. Section 131A.
13 A decision to pay an allowance for reasonable expenses of Cathaoirleach and Leas-Chathaoirleach and the determination of the amount of the allowance. Section 143.
14 The approval of information to be included in an annual report in relation to the performance of functions by the municipal district members. Section 221.
15 Deciding that a named member leave a meeting or that the member was the cause of the meeting being adjourned. Paragraph 13 of Schedule 10.
16 Deciding to pay certain expenses to non-members of a local authority for attendance at committees or joint committees. Article 9 of the Local Government (Expenses of Local Authority Members) Regulations 1993 (S.I. No. 391 of 1993).
17 The delegation to a designated body of a function (including maintenance) in respect of the management and control of any specified dwellings or the revocation of any such delegation. Section 9 of the Housing (Miscellaneous Provisions) Act 1992.
18 The delegation to a designated body of a function (including maintenance) in respect of the management and control of a dwelling or the revocation of any such delegation. Section 30 of the Housing (Miscellaneous Provisions) Act 2009.
19 Making representations to the Minister in relation to an order made by the Minister closing particular roads to vehicles. Section 94 of the Road Traffic Act 1961.
20 The making of arrangements in relation to school wardens. Section 96 of the Road Traffic Act 1961.
21 Entry into an agreement for the exercise of power under the Local Authorities (Traffic Wardens) Act 1975 by another local authority. Section 7 of the Local Authorities (Traffic Wardens) Act 1975.
22 The making of an order declaring a road to be a public road and consideration of objections or representations in relation to such declaration. Section 11 of the Roads Act 1993, as applied by section 180 of the Act of 2000.
23 The making of an order abandoning a public road and the consideration of objections or representations in relation to a proposal to abandon a public road and the report and any recommendations of a person appointed to conduct an oral hearing. Section 12 of the Roads Act 1993.
24 The making of an order extinguishing a public right of way and the consideration of objections or representations in relation to a proposal to extinguish a public right of way and the report and any recommendations of a person appointed to conduct an oral hearing. Section 73 of the Roads Act 1993.
25 The making of a resolution (pursuant to regulations under section 35(2) (l) of the Road Traffic Act 1994) specifying the places in which vehicles may be parked either indefinitely or for any period not exceeding a specified period. Section 35 of the Road Traffic Act 1994.
26 Making of bye-laws for the control and regulation of the parking of vehicles in specified places on public roads (including provision for the payment of fees for parking) and the consideration of observations or representations in relation to draft bye-laws. Section 36 of the Road Traffic Act 1994.
27 Making of a resolution to determine the manner in which fees in respect of parking shall be disposed of. Section 36 of the Road Traffic Act 1994.
28 The making of a decision to provide or remove prescribed traffic calming measures and the consideration of observations or representations in relation to a proposal to provide or remove such measures. Section 38 of the Road Traffic Act 1994.
29 The making of bye-laws in relation to stands for taxis. Section 84 (as amended by section 15 of the Road Traffic Act 2002) of the Road Traffic Act 1961.
30 Making, or refusing to make, or revocation or amendment of, a tree preservation order. Section 205 of the Act of 2000.
31 Making of bye-laws in relation to the control, regulation, supervision and administration of casual trading. Section 6 of the Casual Trading Act 1995.
32 The extinguishment of a market right. Section 8 of the Casual Trading Act 1995.
33 The making, review, amendment or replacement of a litter management plan. Section 13 of the Litter Pollution Act 1997.
34 Making bye-laws for the purposes of preventing the creation of, and controlling, litter. Section 21 (as amended by section 57 of the Protection of the Environment Act 2003) of the Litter Pollution Act 1997.
35 The making of submissions to a fire authority regarding a proposed indoor event that requires a licence. Section 23 of the Licensing of Indoor Events Act 2003.
36 The approval of a draft bye-law, the consideration of submissions in relation to such draft bye-law and the making, amendment or revocation of a bye-law. Section 199.
37 Adopting, amending or rescinding a resolution concerning the expiry times of a special exemption order. Section 5 (as amended by section 11 of the Intoxicating Liquor Act 2003) of the Intoxicating Liquor Act 1927.
38 Making of bye-laws in respect of the use of temporary dwellings. Section 30 of the Local Government (Sanitary Services) Act 1948.
39 Making an order prohibiting the erection or retention of temporary dwellings. Section 31 of the Local Government (Sanitary Services) Act 1948.
40 Making bye-laws in relation to any national monument of which the local authority is the owner or the guardian. Section 9 of the National Monuments (Amendment) Act 1987.
41 Adopting a proposal to substitute a new placename in respect of a place. Section 189 (as amended by section 48 of the Environment (Miscellaneous Provisions) Act 2011).
42 Deciding to hold a ballot in respect of a proposal to change a placename or deciding not to proceed with the proposal. Section 189 (as amended by section 48 of the Environment (Miscellaneous Provisions) Act 2011).
43 Adopting or rescinding Part III (Licensing for Gaming of Amusement Halls and Funfairs) of Gaming and Lotteries Act 1956. Section 13 of the Gaming and Lotteries Act 1956.
44 Decision to make a charge in relation to amenities, facilities, services or any other thing provided by a local authority under section 66 of the Local Government Act 2001. Section 66.
45 Making of rules in relation to arrangements for attendance and raising of issues by interested persons at meetings. Section 127.]

F340[PART 2 Reserved Functions that May be Performed under Section 131A(1) (b) in Respect of a Municipal District by Municipal District Members or the Local Authority

Reference No. (1) Description of reserved function (2) Provision under which reserved function is conferred (3)
1 A decision of a local authority to confer a civic honour on a person. Section 74.
2 A decision to enter into arrangements for twinning with any other area. Section 75.
3 A decision to incur reasonable expenditure for or in connection with the provision of receptions and entertainment and the making of presentations. Section 76.
4 Requiring that specified action be taken in accordance with section 127 for the purpose of consultation with the local community. Section 127.
5 Determining the policy of the local authority or the municipal district members. Section 130.
6 Directing that a second legal opinion be obtained by the local authority in relation to the exercise or performance of a reserved function. Section 132.
7 Deciding that a report on the capital programme may be considered at a meeting other than the local authority budget meeting. Section 135.
8 Requiring a chief executive to prepare and submit plans, specifications and an estimate of cost of any particular work specified in a resolution. Section 137.
9 Directing a chief executive to inform the council of the manner in which he or she proposes to perform any specified executive function of the local authority. Section 138.
10 Requesting a member of a local authority to present a report on the activities and operation of another body to which the member is elected, appointed or nominated by that authority. Section 141.
11 Approving a proposal of the chief executive to grant permission for the development of land which would contravene materially the development plan or local area plan. Section 34 (as amended by Schedule 2 to the Local Government Reform Act 2014) of the Act of 2000.
F341[12 A decision in relation to the making, amendment or revocation of a local area plan within the meaning of the Act of 2000. Section 20 of the Act of 2000.]
F342[12B A decision in relation to the making, amendment or revocation of an urban area plan, priority area plans or coordinated area plan. Sections 74, 75 or section 76 of the Act of 2024.]
13 The making of an addition to, or a deletion from, a record of protected structures to which Part IV of the Act of 2000 relates. Section 54 of the Act of 2000.
14 Approving, amending or revoking a special planning control scheme. Section 85 and 86 of the Act of 2000.
15 Deciding to vary or modify a proposed local authority own development, or deciding not to proceed with the development. Section 179 of the Act of 2000.
16 Making, or refusing to make an order creating a public right of way over any land. Section 207 of the Act of 2000.
17 Deciding to vary or modify, or not to proceed with, an event proposed to be carried out by a local authority. Section 238 of the Act of 2000.
18 The preparation, making, adoption or variation of a housing services plan, or draft plan. Section 14 of the Housing (Miscellaneous Provisions) Act 2009.
19 The making of a decision in relation to the representation of the views of the local community. Section 64.
20 A decision by a local authority to provide assistance in money or in kind under section 66 for promotion of the interests of the local community. Section 66.
21 A declaration that a body be a recognised association for the purposes of section 128. Section 128.
22 Observations in regard to a preliminary flood risk assessments, a flood hazard map, a flood risk map, or both such maps, a flood risk management plan, and a flood risk management scheme, prepared by the Commissioners of Public Works in Ireland; deciding whether to adopt or otherwise a flood risk management plan; and objection to the issue of a certificate of completion of flood risk management works. Sections 8, 12, 18, 20, 27 and 40 of European Communities (Assessment and Management of Flood Risks) Regulations 2010 (S.I. No. 122 of 2010).
23 Consideration of and observations in regard to a drainage scheme prepared by the Commissioners of Public Works in Ireland. Section 5 of Arterial Drainage Act 1945.
24 Objection to the issue of a certificate of completion of drainage works. Section 13 of Arterial Drainage Act 1945.]

F345[PART 3 Reserved Functions to be Performed by the Local Authority

Reference No. (1) Description of reserved function (2) Provision under which reserved function is conferred (3)
1 Extending the period of permitted absence from attendance at local authority meetings. Section 18.
2 Adopting a proposal for the alteration of the number of members of certain local authorities. Section 22.
3 Adopting or reverting to the title “Cathaoirleach” and “Leas-Chathaoirleach” and giving to the office of Cathaoirleach or Leas-Chathaoirleach alternative titles. Section 32 and Schedule 8.
4 Removal from office of the Cathaoirleach or Leas-Chathaoirleach or the chairperson of any strategic policy committee. Section 34 (as amended by section 38 of the Local Government Reform Act 2014).
5 Deciding to fix the day or days for the first meetings of the municipal district members for each of the municipal districts within the functional area of the local authority. Paragraph 4 Schedule 10 (as amended by section 57 of the Local Government Reform Act 2014).
6 Deciding to hold special meetings; appointing days and times of meetings; appointing a regular schedule for the holding of ordinary meetings; appointing different days, times and places for different meetings; appointing the day for holding the annual meeting other than in a year in which a local election is held; making additional arrangements for the giving of public notice of meetings; resolving that a member leave a meeting; making, amending or revoking standing orders; and making rules for the purpose of ensuring that appointments to bodies are made fairly and equitably. Section 44 and paragraphs 1, 2, 3, 8, 13, 16 and 19 of Schedule 10.
7 Deciding to meet in committee for whole or part of a meeting where the authority considers that such action is not contrary to the overall public interest. Section 45.
8 Establishing a committee to consider matters connected with the functions of the local authority and to assist and advise the authority on those matters or to perform functions of the authority; appointing the members of a committee; and dissolving a committee. Section 51.
9 Establishing a joint committee of 2 or more local authorities to consider and advise on specified matters, or to perform functions delegated to it, delegating reserved functions to a joint committee and dissolving such a committee. Section 52.
10 Making the integrated local economic and community plan. Section 66C(4) (inserted by section 44 of the Local Government Reform Act 2014).
11 Preparing, reviewing and updating the implementation strategy for the economic elements of the local economic and community plan. Section 66E (inserted by section 44 of the Local Government Reform Act 2014).
12 Entering into an agreement with another local or public authority for the performance by one of the authorities concerned of any function of the other. Section 85.
13 Adopting the draft local authority budget. Section 103 (substituted by section 58 of the Local Government Reform Act 2014).
14 Determining the annual rate on valuation to be levied. Section 103 (substituted by section 58 of the Local Government Reform Act 2014).
15 Specifying a local electoral area or local electoral areas within the administrative area of the local authority where owners of vacant premises shall be entitled to claim and receive a refund of differing proportion of such rate to that that would otherwise apply to the rest of the administrative area and deciding what proportion of refund shall apply in respect of each of those specified electoral districts. Section 14 (as amended by section 31 of the Local Government Reform Act 2014) of the Local Government Act 1946, section 20 (as so amended) of the Cork City Management Act 1941 and section 71 (as so amended) of the Local Government (Dublin) Act 1930.
16 Adoption of a schedule of proposed works of maintenance and repair to be carried out in a municipal district, if the schedule is not adopted by the municipal district members. Subsection (4) of section 103A (inserted by section 58 of the Local Government Reform Act 2014).
17 Authorising the incurring of additional expenditure and adopting and amending a scheme authorising the chief executive to incur additional expenditure without prior approval of the elected council. Section 104.
18 Requiring the preparation and submission to the local authority members of financial statements. Section 105.
19 A decision to borrow money or to lend money to another local authority. Section 106.
20 Delegation of additional functions to municipal district members or revocation of such delegation. Section 131A (inserted by section 21 of the Local Government Reform Act 2014).
21 Performing, in accordance with regulations, a specified function in place of municipal district members in a particular case or occasion. Section 131A (inserted by section 21 of the Local Government Reform Act 2014).
22 Extending a direction by the Cathaoirleach of a county council, a city council or a city and county council requiring the chief executive to refrain from doing a particular act, matter or thing. Section 133.
23 Approving the corporate plan with or without amendment. Section 134.
24 Adopting the draft local authority service delivery plan. Section 134A (inserted by section 50 of the Local Government Reform Act 2014).
25 Directing that certain works shall not proceed. Section 139.
26 Requiring a particular act, matter or thing to be done or effected in the performance of executive functions of the local authority, other than certain prescribed matters. Section 140.
27 Authorisation by an elected council of one or more of its members to avail of training or attend training events. Subsection (5A) (inserted by section 53 of the Local Government Reform Act 2014) of section 141.
28 Authorising representation of the authority by councillors at a conference, seminar or other meeting or event, or to avail of training or attend training events. Section 142.
29 A decision to pay an allowance for reasonable expenses of Cathaoirleach and Leas-Chathaoirleach and the determination of the amount of the allowance. Section 143.
30 The appointment, suspension or removal of a chief executive by a county council, a city council, or city and county council. Sections 145 and 146.
31 Resolving that disposal of land which is held by a local authority shall be carried out in accordance with terms specified in the resolution, or that it shall not be carried out. Section 183.
32 Making an order to declare an area to be an area of special amenity. Section 202 of the Act of 2000.
33 Making, or refusing to make, or revocation or amendment of, an order designating any area or place as a landscape conservation area. Section 204 of the Act of 2000.
34 The adoption of an annual report under section 221. Section 221.
35 Deciding to hold or to cease to hold membership of an association of local authorities. Section 225.
36 Declaring that another local authority shall be the successor of a specified joint burial board or cemetery joint committee which is to be dissolved. Section 230.
37 Deciding that a named member leave a meeting of a local authority. Paragraph 13 of Schedule 10 (as amended by section 57 of the Local Government Reform Act 2014).
38 Deciding that a named member was the cause of a meeting being adjourned, with a consequential reduction in remuneration and expenses. Paragraph 13 of Schedule 10 (as amended by section 57 of the Local Government Reform Act 2014).
39 Deciding that a named member was the cause of a meeting being adjourned and should be suspended from attendance at meetings, with a consequential cessation of payment of remuneration and expenses for the suspension period imposed, and the early lifting of the suspension. Paragraph 13 of Schedule 10 (as amended by section 57 of the Local Government Reform Act 2014).
40 Deciding to pay certain expenses to non-members of a local authority for attendance at committees or joint committees. Article 9 of the Local Government (Expenses of Local Authority Members) Regulations 1993 (S.I. No. 391 of 1993).
41 Applying to the Minister to make an order under subsection (8) of section 29 of the Local Government Reform Act 2014 that the adjustment period, referred to in that section and applicable to a specified area within the administrative area of the local authority, may be extended by a period not greater than 10 years and stating the length of extension being sought. Section 29(8) of the Local Government Reform Act 2014.
42 Making or amendment of a scheme for the waiver of rates and determination of classes of property in respect of which rates may be paid by instalments. Sections 2 and 4 of the Local Government (Rates) Act 1970.
43 Proposing that the boundary of a county, a city, or a city and county be altered, making a statement of response to such proposal, amending the proposal and deciding to make an application to the Minister for the making of an order altering the boundary. Section 29 of the Local Government Act 1991.
44 Nominating a person to be a candidate at a presidential election. Section 16 of the Presidential Elections Act 1993.
45 Adopting a purchase scheme applying to the sale of dwellings. Section 90 (inserted by section 26 of the Housing (Miscellaneous Provisions) Act 1992) of the Housing Act 1966, as amended by section 183.
46 The making of an agreement between authorities to enable a housing authority to perform any of its housing functions outside its functional area. Section 109 of the Housing Act 1966.
47 The determination of the terms and conditions under which assistance is provided to another housing authority or an approved body. Section 6 of the Housing (Miscellaneous Provisions) Act 1992.
48 Adoption of a policy for the effective performance of functions under section 58(1) of the Housing Act 1966 or an amendment to such a policy. Section 9 of the Housing (Miscellaneous Provisions) Act 1992.
49 The transfer, sale or assignment of mortgages, unless it is the subject of a direction by the Minister. Section 14 of the Housing (Miscellaneous Provisions) Act 1992.
50 The adoption of a traveller accommodation programme or an amendment to, or replacement of, the programme. Section 7 of the Housing (Traveller Accommodation) Act 1998.
51 The making of an appointment to a local traveller accommodation consultative committee. Section 22 of the Housing (Traveller Accommodation) Act 1998.
52 The making and amending of a scheme which determines the order of priority for allocation of affordable houses provided under Part V of the Planning and Development Act 2000. Section 98 of the Act of 2000.
53 Making and amending a scheme that determines the order of priorities for allocation of affordable houses made available for sale under Part 2 of the Housing (Miscellaneous Provisions) Act 2002. Section 8 of the Housing (Miscellaneous Provisions) Act 2002.
54 The making or amendment of an allocation scheme determining the order of priority to be accorded in the allocation of dwellings. Section 22 of the Housing (Miscellaneous Provisions) Act 2009.
55 The making and revocation of a rent scheme providing for the manner in which rents and other charges in respect of dwellings shall be determined. Section 31 of the Housing (Miscellaneous Provisions) Act 2009.
56 The drawing up and adoption of, and the amendment of, an anti-social behaviour strategy. Section 35 of the Housing (Miscellaneous Provisions) Act 2009.
57 The adoption or amendment of a Homelessness Action Plan. Section 40 of the Housing (Miscellaneous Provisions) Act 2009.
58 The adoption of a proposal to designate an apartment complex for the purpose of making the apartments available for sale to the tenants. Section 53 of the Housing (Miscellaneous Provisions) Act 2009.
59 The designation of an apartment complex in accordance with a section 53 proposal. Section 55 of the Housing (Miscellaneous Provisions) Act 2009.
60 The extension of the initial selling period for apartments in a designated apartment complex. Section 56 of the Housing (Miscellaneous Provisions) Act 2009.
61 Functions of a road authority in relation to abandonment of a railway line. Section 21 of the Transport Act 1950.
62 The making of representations by a road authority to the National Roads Authority and to the Minister for Transport regarding a proposed national road alignment. Section 22 of the Roads Act 1993.
63 The making of a scheme for the establishment of a system of tolls in relation to a regional road or a local road, the making of representations to the National Roads Authority in relation to a toll scheme in relation to a national road and the making of an order revoking a toll scheme in relation to a regional road or a local road. Sections 57 and 60 (as amended by sections 271 and 273 of the Act of 2000) of the Roads Act 1993.
64 The making of toll bye-laws in relation to a regional road or a local road. Section 61 (as amended by section 274 of the Act of 2000) of the Roads Act 1993.
65 Entering into an agreement for financing, maintenance, construction and operation of toll roads in relation to a regional road or a local road. Section 63 (as amended by section 275 of the Act of 2000) of the Roads Act 1993.
66 The making of special speed limit bye-laws. Section 9 of the Road Traffic Act 2004.
67 The making of bye-laws to regulate and control skips on public roads and the consideration of objections or representations in relation to the draft bye-laws. Section 72 of the Roads Act 1993.
68 Entering into an agreement with the Commissioners for Public Works in Ireland for the transfer of a bridge over a canal. Section 16 of the Canals Act 1986.
F346[69 The making of a development plan and making of a variation of a development plan which for the time being is in force. Sections 55 and 58 of the Act of 2024.]
70 The revocation or modification of a permission to develop land if the development to which the permission relates no longer conforms with the provisions of the development plan. Section 44 of the Act of 2000.
71 Making a development contribution scheme. Section 48 of the Act of 2000.
72 Making or amending a supplementary development contribution scheme. Section 49 of the Act of 2000.
73 Deciding to make, subject to variations and modifications, or deciding not to make a draft planning scheme for strategic development zones. Section 169 (as amended by section 51 of the Planning and Development (Amendment) Act 2010) of the Act of 2000.
74 Amending or revoking a planning scheme for strategic development zones. Section 171 of the Act of 2000.
75 Adoption by a planning authority of a code of conduct for dealing with conflicts of interest and promoting public confidence in the integrity of the conduct of its business. Section 150 of the Act of 2000.
76 Making or terminating of an agreement by two or more planning authorities for sharing the cost of performing functions under the Planning and Development Act 2000. Section 244 of the Act of 2000.
77 Directing the manner in which a list of the planning applications received shall be made available to the members of a planning authority. Article 27 (inserted by the Planning and Development Regulations 2006 (S.I. No. 685 of 2006)) of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
78 Directing the manner in which a list of planning applications in respect of which decisions were given shall be made available to the members of a planning authority. Article 32 (inserted by the Planning and Development Regulations 2006) of the Planning and Development Regulations 2001.
79 Examining and considering a drainage scheme sent to a county council by the Commissioners of Public Works and providing observations to the Commissioners in regard to such scheme. Section 5 of the Arterial Drainage Act 1945 and section 5 of the Arterial Drainage (Amendment) Act 1995
80 The consideration of a report on proposed coast protection works and the making of a declaration for the promotion of a coast protection scheme, the consideration of a report by the Commissioners of Public Works and the making of a declaration on the preparation and execution of a coast protection scheme, the making of a declaration that a coast protection scheme is or is not to be proceeded with and the making of an objection to the issue of a certificate of completion. Sections 2, 5, 8, 10 and 18 of the Coast Protection Act 1963.
81 The making of an agreement by a fire authority to provide services for, or avail of the services of, any body or person other than a fire authority and the making of an agreement between fire authorities for the purpose of any of their functions. Section 10 of the Fire Services Act 1981.
82 The making and revision by a fire authority of a plan for fire and emergency operations. Section 26 of the Fire Services Act 1981.
83 The making of a financial contribution by a local authority to support or assist any person, or body of persons, engaged, or proposing to engage, in any research, survey or investigation into the nature and extent, the cause and effect, and the prevention or limitation, of air pollution or in any educational programme relating to such matters. Section 18 of the Air Pollution Act 1987.
84 The making, revoking or amending by a local authority of a special control area order to prevent or limit air pollution and the giving of consent to the making of such an order by any other local authority. Section 39 of the Air Pollution Act 1987.
85 Entry into an agreement with the Environmental Protection Agency to exercise or perform any function or service on behalf of the Agency. Section 45 of the Environmental Protection Agency Act 1992.
86 The making, review, variation or replacement by a local authority of an air quality management plan. Section 46 of the Air Pollution Act 1987.
87 The making, revision or replacement by a local authority of a water quality management plan. Section 15 of the Local Government (Water Pollution) Act 1977.
88 The making by a local authority of a contribution to the funds of a person engaged in or proposing to engage in research, surveys or investigations in relation to water pollution. Section 29 of the Local Government (Water Pollution) Act 1977.
89 The making by a local authority of bye-laws in relation to a harbour under its control or management, including bye-laws with respect to the use of, and the safety of navigation within, a harbour and generally with respect to the regulation of a harbour, and for the purpose of enabling it to impose charges. Section 89 of the Harbours Act 1996 and section 199.
90 The making by a local authority of bye-laws declaring all or any part of its functional area to be a control area where it is satisfied that horses in that area should be licensed. Sections 13 and 17 of the Control of Horses Act 1996.
91 The making of bye-laws providing certain exemptions in relation to a horse licence. Sections 13 and 19 of the Control of Horses Act 1996.
92 The entering by a local authority into arrangements with another local authority, or any termination thereof, in relation to the application for and the granting of horse licences on its behalf. Sections 13 and 20 of the Control of Horses Act 1996.
93 The making, replacement or revision of a water services strategic plan, an application to the Minister for an extension of not more than 3 months after the latest date for the making of a water services strategic plan, and approving a joint plan, by a water services authority. Section 36 of the Water Services Act 2007.
94 The making of bye-laws, for the purpose of preventing or eliminating the entry of polluting matter to waters, prohibiting the carrying on of a specified activity. Section 21 of the Local Government (Water Pollution) (Amendment) Act 1990.
95 The establishment of environmental objectives and the establishment of a programme of measures in order to achieve those objectives in relation to each river basin district. Article 12 of the European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003).
96 The making and updating of a river basin management plan. Article 13 of the European Communities (Water Policy) Regulations 2003.
97 The making of bye-laws in relation to presentation of waste for collection. Section 35 of the Waste Management Act 1996.
98 The adoption of a library development programme. Section 78.
99 Entry by a local authority into an agreement for the Health Service Executive to perform a function on the authority’s behalf. Section 8 of the Health Act 2004.
100 The making or revoking of a determination for the provision of meals for children attending a national school situated outside the authority’s functional area. Section 274 of the Social Welfare (Consolidation) Act 1981.
101 The making by a city council of a scheme in relation to the provision of meals (other than meals in national schools). Section 279 of the Social Welfare (Consolidation) Act 1981.
102 The making of a decision to provide a public abattoir. Section 19 of the Abattoirs Act 1988.
103 The making of a scheme dividing a county or city into polling districts and appointing a polling place for each polling district and an appointment of an alternative polling place for a polling district in a scheme for the time being in force. Section 28 (as amended by section 2 of the Electoral (Amendment) Act 1996) of the Electoral Act 1992.
104 Entry into arrangements under section 15(2) or 15(3) of the Control of Dogs Act 1986and the granting of assistance (other than the provision of services of staff) under section 15(4) of that Act. Section 15 (as amended by section 6 of the Control of Dogs (Amendment) Act 1992) of the Control of Dogs Act 1986.
105 The making of bye-laws relating to control of dogs. Section 17 (inserted by section 211) of the Control of Dogs Act 1986.
106 Where regulations provide for the issue of polling information cards by a local authority, a decision to issue them. Section 27.
107 The passing by a local authority of a resolution that the basic rate of local property tax should stand varied (either upwards or downwards) by a specified percentage in respect of relevant residential properties situated in the local authority’s functional area. Section 20 of the Finance (Local Property Tax) Act 2012.
108 Establishing, dissolving or replacing a local community development committee. Section 49A (inserted by section 36(1) of the Local Government Reform Act 2014).
109 Appointment of members of a local community development committee. Section 128D (inserted by section 36(2) of the Local Government Reform Act 2014).
110 Approving a local and community development programme. Section 128B (inserted by section 36(2) of the Local Government Reform Act 2014).
111 Adoption of an implementation plan setting out the steps to be taken in respect of a report of the National Oversight and Audit Commission. Section 126D (inserted by section 61(1) of the Local Government Reform Act 2014).
112 Adoption of a statement indicating the actions already taken or planned to be taken by the chief executive to carry out the directions of the council in relation to the exercise and performance of the reserved functions are not sufficient, stating the reasons for such opinion. Section 132 (inserted by section 47 of the Local Government Reform Act 2014).
113 The adoption of a Framework for Public Participation in Local Government. Section 127 (inserted by section 46 of the Local Government Reform Act 2014).]

SCHEDULE 15

Section 151.

Functions to be done by Manager’s Order

1.

A decision on an application under any enactment for the grant of a permission, approval, permit, consent, certificate, licence or other form of statutory authorisation.

2.

A statutory notice served under the provisions of any enactment requiring compliance with such enactment.

3.

A decision to take legal proceedings.

4.

The acquisition or disposal of land or an agreement regarding the use of land.

5.

The letting of a dwelling.

6.

The acceptance of a tender.

7.

The award of grants, loans or other financial assistance.

8.

The appointment of staff.

F349[SCHEDULE 16 Relevant Bodies to which Section 128F(1)(d) Relates

Section 36(3)

  • (1) Pobal
  • (2) Avondhu/Blackwater Partnership Limited
  • (3) Ballyhoura Development Limited
  • (4) Bray Area Partnership Limited
  • (5) Breffni Integrated Development Limited
  • (6) Carlow County Development Partnership Limited
  • (7) Cill Dara Ar Aghaidh Teoranta
  • (8) Clare Local Development Company Limited
  • (9) Comhar na nOileáin Teoranta
  • (10) Comhair Chathair Chorcaí Teoranta
  • (11) County Kilkenny LEADER Partnership Company Limited
  • (12) County Sligo LEADER Partnership Company Limited
  • (13) Co. Wicklow Community Partnership
  • (14) Donegal Local Development Company Limited
  • (15) Fingal Leader Partnership Company Limited
  • (16) Forum Connemara Limited
  • (17) Galway City Partnership Limited
  • (18) Galway Rural Development Company Limited
  • (19) Inishowen Development Partnership
  • (20) IRD Duhallow Limited
  • (21) Laois Community and Enterprise Development Company Limited
  • (22) Leitrim Integrated Development Company Limited
  • (23) Longford Community Resources Limited
  • (24) Louth LEADER Partnership
  • (25) Mayo North East LEADER Partnership Company Teoranta
  • (26) Meath Community Rural and Social Development Partnership Limited
  • (27) Monaghan Integrated Development Limited
  • (28) North and East Kerry LEADER Partnership Teoranta
  • (29) North Tipperary LEADER Partnership
  • (30) Northside Partnership Limited
  • (31) Offaly Integrated Local Development Company Limited
  • (32) People Action Against Unemployment Limited
  • (33) Rathmines Pembroke Community Partnership Limited
  • (34) Roscommon Integrated Development Company Limited
  • (35) South and East Cork Area Development Partnership Limited
  • (36) South Dublin County Partnership Limited
  • (37) South Kerry Development Partnership Limited
  • (38) South Tipperary Development Company Limited
  • (39) South West Mayo Development Company Limited
  • (40) Southside Partnership DLR Limited
  • (41) The Ballyfermot / Chapelizod Partnership Company Limited
  • (42) The Ballymun Partnership Limited
  • (43) The Blanchardstown Area Partnership Limited
  • (44) Tolka Area Partnership Limited
  • (45) Waterford Area Partnership Limited
  • (46) Waterford LEADER Partnership Limited
  • (47) West Cork Development Partnership Limited
  • (48) West Limerick Resources Limited
  • (49) Westmeath Community Development Limited
  • (50) Wexford Local Development.]

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