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LOCAL GOVERNMENT ACT, 2001

Type Act

Publication 2001-07-21

Last updated 2026-07-01

State Partially repealed

Text Latest available text

Source Irish Statute Book

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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

F151[(1A) In stating his or her opinion and preparing the report or special report, as the case may be, in accordance with section 120, the local government auditor shall take account of any objection and decision recorded in accordance with subsection (1).]

(2) F152[…]

113. Savers.

113.—(1) Nothing in this Act (including the repeal of any enactment) affects the making, levying, collection or recovery of rates or the liability of a person to pay rates.

(2) Notwithstanding the repeal of the City and County Management (Amendment) Act, 1955, by this Act, section 10A of that Act (as inserted by section 44 of the Local Government Act, 1994) shall continue to apply and have effect and for that purpose—

(a) the reference in subsection (1) of that section to “section 10(4) of this Act” and in subsection (3) of that section to “subsection (4) of section 10” shall both be read as references to section 103(7) of this Act, and

(b) the references in subsections (7) and (8) to “Part IV of the Local Government Act, 1941” shall each be read as a reference to part 21 of this Act.

Chapter 2 Audit

114. Interpretation (Chapter 2).

114.—(1) In this Chapter—

“audit committee” has the meaning given in section 122;

“audited financial statement” has the meaning given in section 120(1);

“audit opinion” has the meaning given in section 120(1);

“auditor’s report” has the meaning given in section 120(1);

“auditor’s special report” has the meaning given in section 120(2);

“local authority or other body” means a local authority, a joint body and any other body standing prescribed by regulations made by the Minister under section 115;

“local government auditor” shall be read in accordance with section 116(1).

(2) Any reference to the Minister in this Chapter shall, in a case where the reference applies to a body prescribed by regulations under section 115 for which another Minister of the Government is responsible, be read as a reference to that Minister.

115. Application (Chapter 2).

115.—(1) This Chapter applies to every local authority and every joint body and their accounts shall be audited by a local government auditor in accordance with the provisions of this Act.

(2)
(a) The Minister may by regulations prescribe a body to be a body to which this Chapter also applies.

(b) The Minister shall not make regulations under this subsection in respect of a body for which another Minister of the Government is directly or indirectly responsible unless that Minister consents to those regulations being made.

116. Local Government Audit Service.

116.—(1) There is established on the commencement of this section a service to be known as the Local Government Audit Service and the Minister may appoint to such service such and so many suitably qualified persons, to be known as local government auditors, to carry out or assist in the carrying out of audits of the accounts of local authorities and other bodies.

(2) Local government auditors shall be independent in the exercise of their professional functions.

(3) The Minister may appoint a person (in this Act referred to as the “Director of Audit”) to the Local Government Audit Service to carry out the functions set out in subsection (4).

(4) The functions of the Director of Audit are—

(a) to organise, direct and allocate resources within the Local Government Audit Service,

(b) to assign audits of particular local authorities or other bodies to particular local government auditors,

(c) to provide such advice and assistance as the Minister may from time to time require for the purposes of section 117(1),

(d) to arrange for auditors to certify claims or returns in accordance with section 126,

(e) to direct the Local Government (Value for Money) Unit established by section 14 of the Local Government (Financial Provisions) Act, 1997, and to ensure that the work of the unit is incorporated into local government audit practice,

(f) to report from time to time to the Minister on matters set out in paragraphs (a) to (e) and generally on the performance of the Local Government Audit Service,

(g) to bring proceedings under section 119(4), and

(h) to carry out such other functions as the Minister may from time to time direct.

(5) By virtue of this subsection the Local Government (Value for Money) Unit referred to in subsection (4)(e) forms part of the Local Government Audit Service.

(6)
(a) A person who is a local government auditor immediately prior to the commencement of this section shall by virtue of this subsection on such commencement stand assigned to the Local Government Audit Service.

(b) Nothing in this subsection shall be read as prejudicing the position of a person referred to in paragraph (a) as a civil servant for the purposes of the Civil Service Regulation Act, 1956.

117. Code of audit practice.

117.—(1) After consideration of the relevant professional auditing standards and following consultation with the Director of Audit, the Minister may issue and amend from time to time a code of audit practice in relation to the conduct of an audit and to such related matters as the Minister may consider appropriate.

(2) Notwithstanding the generality of subsection (1), the code may include provisions as regards the consideration of—

(a) the general financial standing of the audited body,

(b) the adequacy of the audited body’s financial systems,

(d) the adequacy of arrangements by a local authority or other body to secure economy and efficiency in the use of resources and of the systems employed by the local authority or other body concerned for the purposes of enabling it to evaluate the effectiveness of its operations.

(3)
(a) In carrying out the audit of a local authority or other body, a local government auditor shall comply with the code of audit practice provided for in subsection (1).

(b) Nothing in this Chapter shall prejudice section 15 of the Local Government (Financial Provisions) Act, 1997.

118. Audit procedure.

118.—(1) The Minister may make regulations setting out the procedures to be followed by a local authority or other body and by a local government auditor in relation to the audit of accounts of the local authority or other body.

(2) Without prejudice to the generality of subsection (1), the regulations may provide for any or all of the following—

(a) giving notice of the time and place for holding the audit;

(b) adjournment of the audit;

(d) amendment or correction of errors in the annual financial statement;

(e) giving any member of the public a right to make an objection to the local government auditor concerning the accounts and the making of decisions on any such objections by the local government auditor;

(f) completion of the audit by the local government auditor;

(g) public notice of audited accounts;

(h) fees or a scale of fees for audit services.

(3) In the course of the audit of accounts of the local authority or other body, the local government auditor shall carry out such audit tests as he or she considers appropriate in order to be satisfied as to—

(a) whether the annual financial statement is prepared in accordance with section 107 or with the accounting requirements otherwise applicable to the body concerned,

(b) whether the annual financial statement presents fairly the financial position of the authority or other body and of its income and expenditure for the period in question,

(c) whether the transactions of the audited body conform with the statutory or other authorisation under which they purport to have been carried out.

119. Right of auditor to inspect documents, obtain information, etc.

119.—(1) For the purposes of this Chapter a local government auditor shall in the course of audit—

(a) be given such office accommodation or other facilities as he or she may reasonably require,

(b) be given access to and allowed to inspect all books, deeds, contracts, accounts, vouchers, receipts, maps, plans, documents, or other data, information, materials or things, as he or she may reasonably require,

(c) be entitled at all reasonable times to enter and inspect any land or premises or structure (other than a dwelling) which is owned, used, controlled or managed by a local authority or other body.

(2) It is the duty of a local authority (its members and employees) or other body to afford every facility and co-operation to a local government auditor including the giving of information which he or she may reasonably request.

(3) Any person who obstructs or impedes or refuses to comply with a request of a local government auditor acting in the exercise of any of the functions conferred on him or her by this section is guilty of an offence and is liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both.

(4) Summary proceedings for an offence under this section may be brought by the Director of Audit.

120. Audit opinion and report.

120.—(1) On completion of the audit of accounts of a local authority or other body, the local government auditor—

(a) shall enter his or her opinion (in this Chapter referred to as an “audit opinion”) in a form consistent with the code of audit practice referred to in section 117 on the relevant annual financial statement (in this Chapter referred to as the “audited financial statement”),

(b) shall send copies of the audited financial statement without delay to the local authority or other body concerned, to the Director of Audit and to the Minister, and

(c) may prepare a report (in this Chapter referred to as an “auditor’s report”) on any matter or matters which come to his or her notice during the course of the audit and such report shall accompany the audited financial statement.

(2)
(a) Where the local government auditor considers it appropriate in the public interest to do so, he or she may prepare a report (in this Chapter referred to as an “auditor’s special report”) on any matter or matters which come to his or her notice during the course of the audit before the completion of such audit.

(b) The auditor’s special report shall be sent without delay to the local authority or other body concerned, to the Director of Audit and to the Minister.

(3) An audit opinion, auditor’s report or auditor’s special report shall be addressed to the local authority or other body concerned.

(4) Before the finalisation of an auditor’s report or an auditor’s special report, the local government auditor shall consult with the F153[chief executive] or chief officer of the audited body concerned, as the case may be, in respect of the matters the subject of such report and shall consider and record the comments of the F153[chief executive] or chief officer, as the case may be, which are of material significance to such matters.

121. Consideration of annual financial statement and auditor’s report.

F154[121.—(1) Following receipt by the local authority or joint body (in this section referred to as a "relevant authority") of the audited financial statement, auditor’s report or auditor’s special report, the chief executive of the relevant authority shall provide that statement or report to the audit committee for consideration at the next practicable meeting of the committee.

(2) The local government auditor who conducted the audit, or who has been appointed in accordance with section 124, shall attend a meeting of the audit committee to present his or her report and clarify such issues as may be necessary in relation to the content of the auditor’s report or special report.

(3) The audit committee shall report to the relevant authority on its consideration of the audited financial statement, auditor’s report or auditor’s special report at the next practicable meeting of the relevant authority following the audit committee’s consideration.

(4) At any time within 3 months of the audited financial statement, auditor’s report or auditor’s special report having been submitted to the relevant authority in accordance with section 120, the local government auditor who carried out the audit may notify the local authority or joint body that he or she wishes to discuss it with that authority.

(5) Following notification under subsection (4), a local government auditor is entitled to attend the next meeting of the relevant authority following the notification to discuss the audited financial statement, auditor’s report or auditor’s special report, as the case may be, or to attend such other meeting of the relevant authority as the local government auditor may specify.

(6) Subject to any guidelines the Minister may issue from time to time, the matters to be discussed by an audit committee or the relevant authority at a meeting during any period when the local government auditor concerned attends shall be limited to matters directly related to the audited financial statement, the auditor’s report or the auditor’s special report, as the case may be.

(7) A local government auditor is entitled to qualified privilege in relation to any statements made by him or her at any meeting that he or she attends under this section in his or her capacity as such an auditor.]

122. Audit committee.

F155[122.—(1) A local authority shall establish a committee, to be known as an audit committee, within 3 months of—

(a) the polling day for the election of the incoming members of the local authority or,

(b) where the poll is for any reason countermanded, interrupted or adjourned, the day on which the poll is completed or the fresh poll is held, and from that establishment any audit committee previously established shall cease to exist.

(2) The functions of an audit committee are—

(a) to review financial and budgetary reporting practices and procedures within the local authority that has established it,

(b) to foster the development of best practice in the performance by the local authority of its internal audit function,

(c) to review any audited financial statement, auditor’s report or auditor’s special report in relation to the local authority and assess any actions taken within that authority by its chief executive in response to such a statement or report and to report to that authority on its findings,

(d) to assess and promote efficiency and value for money with respect to the local authority’s performance of its functions, and

(e) to review systems that are operated by the local authority for the management of risks.

(3) The Minister may prescribe by regulations for all or any of the following matters regarding an audit committee:

(a) its membership;

(b) the holding by it of meetings, including the frequency of those meetings and the conduct of them;

(d) the performance by it of its functions, whether generally or in particular cases, and the procedures to be followed in relation to that performance;

(e) the provision for privilege to attach to statements made to it or made by members of the committee in their capacity as such members;

(f) such other matters that are incidental to, or consequential on, any of the matters set out in paragraphs (a) to (e).]

123. Extraordinary audit.

123.—(1) The Minister may direct that an extraordinary audit of accounts of a local authority or other body, or of an aspect of those accounts, be carried out by a local government auditor if it appears to the Minister appropriate to do so, by reason of information contained in an auditor’s report or a special auditor’s report or for any other reason.

(2) Sections 117 to 119 apply to the conduct of an extraordinary audit, with any necessary modifications or adaptations.

(3) Sections 120 to 122 apply to a report resulting from an extraordinary audit.

124. Re-assignment of audit.

124.—(1) Where the local government auditor who conducted or is conducting an audit dies, retires, resigns or is otherwise not available, the Director of Audit may assign another local government auditor to be the local government auditor for the audit.

(2) At any attendance by a local government auditor assigned under subsection (1) at any meeting of a local authority or joint body he or she shall be deemed to have conducted the audit.

125. Audit fees.

125.—(1) The Minister may from time to time prescribe by regulations a fee or scale of fees in respect of the audits of accounts which are required to be audited in accordance with this Act.

(2) A local authority or other body shall pay to the Minister such amount as determined in accordance with such regulations made under this section.

126. Certification of claims, returns, etc.

126.—If required by the Minister, the Director of Audit shall make arrangements for local government auditors to certify claims or returns, or any class of claims or returns, in respect of grants, subsidies or other money due to a local authority or other body by a department of State, public authority or other local authority.

PART 12A National Oversight and Audit Commission

126A. Interpretation (Part 12A)

126A.— In this Part—

"appropriate Minister" means any Minister of the Government (other than the Minister)—

(a) on whom functions stand conferred, or

(b) who has general responsibility,

in respect of or in connection with the matter in question;

"Commission" means the National Oversight and Audit Commission established under this Part;

"local authority" includes a joint body and a joint committee;

"local government body" means—

(a) a local authority,

(b) a regional assembly,

(c) any trust or other body (whether corporate or unincorporated) over which one or more local authorities or regional assemblies, or both, exercise actual or effective control whether directly or indirectly through nominees (however described) or otherwise,

and includes any trust or other body, or a class of trust or other body, to which a determination under section 126L(3) relates;

"report", in relation to a report of the Commission other than its annual report, means a report or information under section 126C(1)(i) or a report under section 126D.]

126B. F157[Establishment of Commission

126B.— (1) The Minister shall by order establish a body to be known as the National Oversight and Audit Commission (in this Part referred to as the "Commission") to perform the functions assigned to it by this Part.

(2) The Commission and its members are independent in the performance of their functions.]

126C. F158[Functions of Commission

126C.—(1) The functions of the Commission are as follows:

(a) to scrutinise the performance of any local government body against or in comparison with any indicative matter (in this Part referred to as "relevant indicators") that—

(i) the Commission considers it appropriate to refer to (which shall include indicative matters relating to customer service), or

(ii) the Minister may prescribe by regulations for the purpose of this paragraph;

(b) to scrutinise the financial performance, including in relation to value for money, of any local government body, in respect of the financial resources available to it;

(c) to support the development and enhancement of best practice in the performance by local government bodies of their respective functions;

(d) to monitor and evaluate adherence to any agreement in the nature of a service level agreement entered into by one or more local government bodies, whether or not all parties to such an agreement are local government bodies;

(e) to oversee how national policy in relation to local government is implemented by local government bodies;

(f) to monitor and evaluate the implementation of public service reform (including enhanced efficiencies) by local government bodies either generally or in respect of any local government body or class of such bodies;

(g) to monitor the adequacy of the corporate plan prepared—

(i) by a regional assembly pursuant to section 43 (as amended by the Local Government Reform Act 2014) of the Local Government Act 1991, and

(ii) by a council pursuant to section 134,

and to evaluate implementation of such plans either generally or in respect of any local government body or class of such bodies;

(h) to take such steps as are appropriate under its other functions for the purposes of any request under section 126D and to furnish reports or other information in relation to that request to the Minister or the appropriate Minister, as the case may be;

(i) in addition to reports or other information furnished under section 126D and to its annual reports under section 126K, to prepare on its own initiative such other reports or information on matters relating to its functions as the Commission considers appropriate.

(2) The Commission has power to do anything that appears to it to be requisite, advantageous or incidental to, or to facilitate, the performance of its functions, including the making of arrangements by agreement with any person or body to assist the Commission in the proper discharge of any of its functions.

(3)(a) The Minister may, with the consent of the Minister for Public Expenditure and Reform, by order confer on the Commission such additional functions connected with the functions for the time being of the Commission as the Minister determines, subject to such conditions (if any) as may be specified in the order.

(b) An order under paragraph (a) may contain such incidental, supplementary and additional provisions as may, in the opinion of the Minister, be necessary to give full effect to the order.]

126D. F159[Reports to Minister or appropriate Minister

126D.— (1) The Minister or an appropriate Minister may in writing request the Commission to prepare a report on any matter to which the functions of the Commission relate in respect of any aspect of local government specified by the Minister or the appropriate Minister, as the case may be, in respect of which he or she performs functions or has general responsibilities.

(2) A request under subsection (1) shall relate to one or more local government bodies specified in the request or to a class of such bodies so specified.

(3) Where a request has been made under subsection (1) the Commission shall, to the extent that its functions permit, comply with the request and have regard to such considerations or matters in preparing its report as are specified in the request.

(4)(a) Where the Commission considers it appropriate in the circumstances, the Commission may, following consultation with the regional assembly or regional assemblies concerned, require it or them to prepare and submit for the Commission’s consideration a draft of any such report.

(b) A draft report prepared and submitted to the Commission under paragraph (a) may be amended by it as it sees fit and any such report, whether amended or not, that has been adopted by the Commission and is subsequently submitted by the Commission to the Minister or the appropriate Minister, as the case may be, shall for the purposes of subsection (1) be deemed to be a report prepared by the Commission.

(c) Without prejudice to the Commission’s duty to prepare a report when requested under subsection (1), a draft report prepared and submitted to the Commission under paragraph (a) —

(i) may be submitted by the Commission to the Minister or the appropriate Minister, as the case may be, without being adopted by the Commission under paragraph (b), and

(ii) any such report so submitted by the Commission shall be accompanied by a note stating that it has not been adopted and giving the reasons why it has not been adopted.

(5) A report of the Commission to the Minister or the appropriate Minister under this section shall—

(a) be in writing,

(b) where appropriate, include the responses by the local government body to which the report relates to queries from the Commission,

(d) include recommendations in relation to such ancillary or related matters (including financial matters) as the Commission may consider appropriate or as the Minister or the appropriate Minister may specify in a request under subsection (1).

(6)(a) The Minister or the appropriate Minister shall furnish a copy of a report provided to him or her by the Commission under this section to—

(i) each local government body that is the subject matter of the report,

(ii) in the case of a local government body other than a local authority or a regional assembly, to each local authority or regional assembly that exercises actual or effective control within the meaning of "local government body" in section 126A,

(iii) the Joint Committee of the Houses of the Oireachtas to which has been assigned the role of examining matters relating to local government, and

(iv) any other Joint Committee of the Houses of the Oireachtas which has general responsibility in respect of or connected with the matters to which the report relates.

(b) Where a report has been furnished under paragraph (a), the Minister or the appropriate Minister shall advise the Commission accordingly and the Commission shall, as soon as practicable thereafter, cause the report to be published.

(7) Within 28 days of receipt of a report pursuant to subsection (6) in respect of a local authority for which he or she is chief executive, or in respect of any local government body over which the local authority exercises actual or effective control, the chief executive shall present to the council an implementation plan setting out the steps to be taken in relation to that report.

(8) The adoption of an implementation plan referred to in subsection (7), other than any part of such plan that exercises or would seek to exercise functions in relation to the employees of the local authority or employees of any local government body over which the local authority exercises actual or effective control, shall be a reserved function.

(9) A local authority or regional assembly which is the subject of a report, or is an authority or assembly that exercises actual or effective control over a local government body which is the subject of a report, published under this section shall, in its annual report, include reference to the steps taken in relation to that report during the period to which the annual report relates.]

126E. F160[Requests for information, etc., made to local government body, etc.

126E.— (1) It is the duty of every local government body—

(a) to have due regard to a request made to it by the Commission for any information, document or thing, which in the opinion of the Commission is relevant to assist the Commission in the performance of its functions, and

(b) subject to subsections (2) and (3), to comply with all such requests so made.

(2) Where proceedings are instituted by the Commission—

(a) against a local government body for breach of duty under this section, and

(b) for the purposes of seeking compliance with the request concerned or a specified part of that request,

it shall be a valid defence for the local government body to show that the request made by the Commission, or so much of the request in respect of which the proceedings relate, was materially disproportionate to what was required to achieve the intended result of the request or that part of the request to which the proceedings relate.

(3) Nothing in this section shall be read as requiring the disclosure of confidential information, the disclosure of which would be in breach of non-disclosure obligations provided for by law or the disclosure of commercially sensitive information.]

126F. F161[Requests for information, etc., made to certain public authorities

126F.— A public authority to which section 126E does not apply shall have due regard to a request made to it by the Commission for any information, document or thing, which in the opinion of the Commission is relevant to assist the Commission in the performance of its functions, and to use its best endeavours to facilitate such a request.]

126G. F162[Submissions to Commission

126G.—(1) The Commission may give public notice of its intention to prepare a report (in this section referred to as a "proposed report") to which section 126C(1)(i) or 126D relates.

(2) The public notice referred to in subsection (1), which shall be published in a newspaper circulating in the area to which the subject matter of the proposed report relates, shall indicate that—

(a) any person may make a submission to the Commission in relation to the subject matter of the proposed report in a manner and within the period as is specified in that notice, and

(b) submissions received by the Commission within the period specified in that notice may be made available for public inspection.

(3) The Commission shall consider any submissions made to it in accordance with the public notice or made by a local government body under this section or otherwise.

(4) Submissions received by the Commission under this section may be made available by them for public inspection—

(a) at such time and place and under such conditions as may be specified by the Commission and for that purpose may be made available by the Commission on its internet website, and

(b) where not published by the Commission on its internet website, the Commission shall permit a copy of such submissions or of extracts from them to be taken on payment of a fee which shall not exceed the reasonable cost of copying the submissions.]

126H. F163[Members of Commission

126H.— (1) Subject to subsection (4) and section 126I(7), the Commission consists of not more than 9 but not less than 6 members, one of whom shall be the chairperson of the Commission.

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

(3) Each member of the Commission shall hold office for a period which the Minister shall determine, not exceeding 5 years from the date of appointment to the office and shall include—

(a) one or more persons having knowledge or experience of local government affairs,

(b) one or more persons having knowledge or experience in finance, audit, evaluation or project assessment,

(c) one or more persons having knowledge or experience in business, commerce, administration, corporate governance or community development,

(d) one or more persons having knowledge or experience in the statutory or voluntary bodies dealing with consumer issues, and

(e) one or more than one person who is an officer of the Minister.

(4) The members of the Commission may include—

(a) one but no more than one person who is an employee of a local authority, and

(b) one but no more than one person who is a member of a local authority,

but shall not include a person who is a member of a regional assembly.

(5) Any member of the Commission who, subsequent to appointment to the Commission, becomes an employee of a local authority, member of a local authority or member of a regional assembly shall, for the purposes of subsection (4) and section 126I(5) (d), in writing inform the Minister and the chairperson of the Commission accordingly.

(6) A member of the Commission shall not take part in the preparation or a decision to adopt or not adopt a report under section 126C(1)(i) or section 126D in respect of a local authority or regional assembly if he or she is, or was at the material time, an employee or elected member of that authority or assembly, as the case may be.

(7) The Minister, to the extent practicable, shall endeavour to ensure that there is an equitable balance between men and women in the membership of the Commission.]

126I. F164[Eligibility and tenure of office of members, etc.

126I.—(1) A person appointed to be a member of the Commission holds office as such member for such period, terms and conditions as may be specified by the Minister at the time of his or her appointment.

(2) 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 the member as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

(3)(a) A person is disqualified from becoming a member of the Commission if he or she is—

(i) a member of either House of the Oireachtas, or

(ii) a member of the European Parliament.

(b) A person ceases to be a member of the Commission if he or she—

(i) is nominated as a member of Seanad Éireann,

(ii) is elected as a member of either House of the Oireachtas or as a member of the European Parliament,

(iii) is regarded under Part XIII of the Second Schedule to the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy,

(iv) becomes a member of a regional assembly, or

(v) fails to attend at 6 consecutive meetings of the Commission where—

(I) in the case of a member other than the chairperson, the chairperson is of the opinion that the absence is not due to an acceptable reason such as illness or force majeure,

(II) in the case of the chairperson, a majority of the Commission is of the opinion that the absence is not due to an acceptable reason such as illness or force majeure.

(4) A member of the Commission, including the chairperson, may at any time resign from office by letter addressed to the Minister and the resignation takes effect from the date of receipt of the letter by the Minister.

(5) The Minister may remove from office any member of the Commission (including the chairperson) if, in the opinion of the Minister—

(a) that person has become incapable through ill-health of effectively performing the duties of the office,

(b) the member has committed stated misbehaviour,

(c) the member has a conflict of interest of such significance that, in the opinion of the Minister, the member should cease to hold office, or

(d) the removal of the member appears to the Minister to be necessary or desirable—

(i) for the effective performance by the Commission of its functions, or

(ii) to comply with the requirements of section 126H(4).

(6) A person may not be the chairperson of the Commission or, except in the case of an appointment to which section 126H(3)(e) relates, a member of the Commission for more than 2 consecutive terms of office but is otherwise eligible for re-appointment to be a member of the Commission.

(7)(a) Notwithstanding section 126H(1), the Minister, as required, may by order under this subsection increase the number of members of the Commission to not more than 12 members where, in the opinion of the Minister, it is necessary taking account of the volume of business coming before the Commission and the need to ensure the effective and efficient discharge by the Commission of its functions, but any such increase is for such temporary period as shall be specified in the order and shall not exceed 2 years from the date of the commencement of the order.

(b) Upon expiry of an order under paragraph (a), the Minister may make a further order in accordance with the provisions of that paragraph.

(8) A person shall be disqualified from holding and shall cease to hold office as a member of the Commission if he or she—

(a) is an undischarged bankrupt,

(b) is convicted on indictment of an offence, or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,

(d) has a declaration under section 150 of the Companies Act 1990 made against him or her or is subject or is deemed to be subject to a disqualification order by virtue of Part VII of that Act.]

126J. F165[Meetings and procedures of Commission

126J.—(1) The Commission shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The chairperson of a meeting of the Commission shall be—

(a) the chairperson of the Commission if present, or

(b) if and so long as the chairperson of the Commission 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.

(3) At a meeting of the Commission—

(a) subject to paragraph (c), each member of the Commission present has one vote,

(b) every question at a meeting of the Commission shall be determined by consensus, but where in the opinion of the chairperson or other person presiding consensus is not possible, the question shall be determined by a majority of the votes of the members present and voting on the question, and

(c) in the case of an equal division of votes in circumstances to which paragraph (b) relates, the chairperson of the meeting has a second or casting vote.

(4) Subject to such standing orders as the Commission may make under subsection (5) regarding a quorum, the Commission may act notwithstanding one or more vacancies in its membership.

(5) The Commission shall regulate, by standing orders or otherwise, the procedure and business of the Commission, including the keeping of a record of its meetings and of decisions taken.

(6)(a) The Commission has an absolute discretion to hold an oral hearing in relation to any matter in respect of which functions are conferred on it by this Part and the hearing may be conducted by—

(i) one or more members of the Commission,

(ii) one or more members of the Commission, together with one or more other persons appointed by the Commission for that purpose, or

(iii) one or more other persons appointed by the Commission for that purpose.

(b) The persons (including any members of the Commission) conducting an oral hearing under paragraph (a) shall make a report in writing on the hearing to the Commission and shall include in the report such recommendations as are considered appropriate with respect to the subject of the report.

(c) The Commission shall consider a report made to it under paragraph (b) before deciding on the recommendations that it will make in its report.

(7) Where the number of members of the Commission has been increased by order under section 126I(7)(a), any function of the Commission may be exercised by a division of the Commission comprising of at least 4 of its members and meetings and decisions of any such division are, for all purposes, meetings and decisions of the Commission.]

126K. F166[Governance of Commission

126K.—(1) Not later than the 30th day of April in each year, the Commission shall prepare and submit to the Minister a report (in this section referred to as the "annual report of the Commission") in relation to the performance of its functions during the preceding year and shall, as soon as may be, furnish a copy of that report to such other persons as it may consider appropriate.

(2) An annual report of the Commission shall include the following in respect of the year to which it relates:

(a) particulars of the policies, programmes, services and other activities undertaken by the Commission;

(b) such particulars as may be required by a provision of any other enactment;

(c) such other particulars (including financial statements) as the Commission may determine to be appropriate to include in the report or as may be directed by the Minister;

(d) the total number of meetings of the Commission held during that year and, in respect of each member of the Commission—

(i) number of meetings of the Commission attended by the member during that year, and

(ii) the number of such meetings so held while a member of the Commission.]

126L. F167[Regulations and determinations (Part 12A)

126L.—(1) The Minister may by regulations prescribe any matter of procedure as regards the appointment and operation of the Commission or the carrying out of its functions.

(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for any of the following:

(a) the conduct of any oral hearing held by the Commission under section 126J(6), the procedures at such a hearing, the representation of a local authority or regional assembly at such a hearing or the attendance of persons at such a hearing;

(b) for the purposes of section 126C(1)(f), identifying or clarifying matters relating to public sector reform by local government bodies;

(3)(a) Where—

(i) any doubt, dispute or question arises or, in the opinion of the Minister, is likely to arise as to whether a trust or other body or a class of such trust or other body is or is not a trust or other body or a class thereof to which paragraph (c) of the definition of "local government body" applies, and

(ii) the Minister is of the opinion that such trust, other body or class is one to which the said paragraph (c) applies,

then the Minister shall determine the matter accordingly and shall communicate his or her determination in writing to the Commission and to the local authorities and regional assemblies concerned.

(b) The Minister shall not make a determination under paragraph (a) in respect of a trust or other body, or of a class of trusts or other bodies, for which another Minister of the Government is directly or indirectly responsible unless that other Minister consents to that determination being made and every communication for the purposes of that paragraph shall disclose any such consent.]

PART 13 Local Authorities and the Local Community

Chapter 1]

127. Consultation with the local community.

F169[127.—(1) A local authority may take such steps as it considers appropriate to consult with and promote effective participation by the local community in local government.

(2) Without prejudice to the generality of subsection (1) a local authority may—

(a) undertake such action under section 64 as the authority may consider appropriate,

(b) establish strategic policy committees in accordance with Part 7,

(d) arrange for the representation on relevant committees of the authority of persons having knowledge or experience of relevance to the work of the particular committee,

(e) consult with a recognised association under section 128,

(f) make arrangements for attendance and raising of issues by interested persons at meetings of the authority or of any of its committees in accordance with such rules as may be determined by resolution of the authority,

(g) arrange for the holding of information meetings and the dissemination of information to the public in relation to any matter connected with its functions.

(3) Without prejudice to the generality of subsection (1) each local authority shall, in accordance with regulations made under subsection (6) and general guidelines issued under subsection (7), adopt a document to be known as a Framework for Public Participation in Local Government (in this section referred to as the "Framework") for the purposes of promoting, developing and implementing a coherent and integrated approach to participation in decision-making processes of the local authority by the local community.

(4) For the purposes of subsection (3), the Framework shall seek to provide for participation by the local community within municipal districts and shall include the following:

(a) participatory mechanisms to promote, support and facilitate the local community’s input into decision making by the local authority, without prejudice to any consultation procedures provided for in any enactment;

(b) clear and transparent mechanisms for the selection of members of the local community to participate in such participatory mechanisms including selection processes that seek to balance gender, geography, social inclusion, sectoral, age and other interests and factors;

(c) mechanisms to monitor, measure and evaluate participation by members of the local community with local government and to provide information to the local community arising from such monitoring, measurement and evaluation;

(d) mechanisms to provide for accountability of such participants to the local community;

(e) mechanisms for the provision of information by the local authority to the local community.

(5) In developing the Framework, a local authority may take such steps as it considers appropriate to consult with the local community, including local sectoral, community or other groups.

(6)(a) The Minister may make regulations relating to the adoption and establishment of a Framework by each local authority and its implementation, review and revision by the local authority concerned.

(b) Regulations under this subsection may be made in respect of local authorities generally or in respect of any particular class or classes of local authorities as determined by those regulations.

(7)(a) The Minister may issue general policy guidelines to local authorities for the purposes of any provision of this section (including any regulations made under subsection (6)) and each local authority shall comply with any such guidelines that relate to it.

(b) Without prejudice to the generality of paragraph (a), guidelines under this section may provide for any of the following:

(i) assistance to the local community with the preparation of strategies within municipal districts for the well-being of all;

(ii) provision of opportunities for networking, communication and the sharing of information with the local community;

(iii) mechanisms to support inclusion of socially excluded groups;

(iv) developing capacity and supports for public engagement and participation;

(v) participatory mechanisms;

(vi) consultation procedures and processes;

(vii) mechanisms for the provision of information;

(viii) accountability mechanisms.

(8)(a) Where in relation to any function of a local authority under this or under any other enactment the relevant enactment requires the publication of a notice in a newspaper or on the local authority’s website and the invitation of submissions or observations in connection with the performance of that function, the local authority may take such additional steps as it may consider appropriate to publicise, facilitate or promote the consultation process including the use of other forms of communications, including local radio stations, and the use of electronic forms of communication.

(b) A local authority may, in respect of reports, plans or any other material in relation to the performance of its functions, arrange for the making available or display of such materials at suitable locations (which locations may include the internet) additional to those required by this or any other enactment.

(9) An elected council may, by resolution, require that specified action be taken in accordance with this section for the purpose of consultation with the local community.

(10) Nothing in this section shall be read as limiting or departing from the role of a local authority as an elected body.

(11) The procedures and actions provided for under this section to promote and facilitate public engagement under the Framework may supplement but shall not be read as limiting or restricting—

(a) any consultation procedures, or

(b) any procedures requiring consultation,

that are otherwise provided for under any enactment and any actions taken under the Framework, or any failure to take any specified action under the Framework, shall not affect any such consultation procedures or procedures.

(12) The adoption of the Framework to promote and facilitate participation by the local community under this section is a reserved function.]

128. Recognised associations.

128.—(1) A local authority may declare that any body, whether corporate or unincorporate, be a recognised association for the purposes of this section where the local authority is of the opinion that the body is concerned with promoting the interests of the local community, or any part of or group within the local community, or of all or a part of the administrative area of that local authority.

(2) A local authority may—

(a) consult a recognised association on any relevant matter,

(b) provide assistance in money or in kind to such association,

(c) make arrangements with a recognised association under section 13(6) of the Roads Act, 1993, or Chapter 4 of Part 9

(d) enter into an agreement in writing with a recognised association for the carrying out by the association on behalf of the local authority of certain functions of the authority which in its opinion may be satisfactorily carried out by the recognised association, subject to such terms, conditions, restrictions and other requirements as the authority considers necessary and specifies in the agreement.

(3) Subsection (2)(d) does not apply in respect of a reserved function, the function to make arrangements under section 13(6) of the Roads Act, 1993, or Chapter 4 of Part 9 or any other function as the Minister may prescribe by regulations.

(4) Any works or other thing carried out or done by a recognised association in good faith as a result of an agreement made under subsection (2)(d) and in accordance with every requirement of such agreement shall be regarded as if the works or other thing was duly authorised, carried out or done by the local authority.

(5) For the purposes of subsections (1) and (2), a local authority may have regard as to whether in its opinion—

(a) a body is properly constituted and representative,

(b) adequate financial and accounting arrangements are in place, and

(c) the body is in a position to comply with such requirements as the local authority may in all the circumstances of the case consider necessary and reasonable for such purposes.

(6) A declaration under subsection (1) is a reserved function.

(7) The Minister may by regulations prescribe such matters relating to recognised associations as he or she considers appropriate for the purpose of giving effect to this section including the procedures to be followed for the termination of an agreement under subsection (2)(d).

Chapter 2 Local Community Development Committees

128A. Interpretation (Chapter 2)

128A.— In this Chapter—

"chief officer", in relation to a Committee, means the person designated as such by the chief executive of the local authority concerned under F170[section 128D(1)(b)];

"Committee" means a Local Community Development Committee;

"community elements of the Plan" means those parts of a local economic and community plan relating to the local and community development of the functional area of the Committee pursuant to section 66B;

"economic elements of the Plan" means those parts of a local economic and community plan relating to the promotion of economic development of the administrative area of the local authority pursuant to section 66B;

"functional area of a Committee", in relation to a Committee, means the area to which the Committee relates, being the same area as the administrative area of the local authority concerned or such part of that area as may be determined by a resolution of the local authority under section 49A;

"local and community development programme" means any action, intervention, programme, scheme or any other support, financial or otherwise, which is concerned with promoting the interests of local communities and includes matters to which section 66(3) relates;

"Local Community Development Committee" means the committee established pursuant to section 49A;

"Plan" means the local economic and community plan to which section 66B relates;

"publicly funded body" means a body whose funds, directly or indirectly and in whole or in part, come out of moneys provided by the Oireachtas for the purpose of performing its functions;

"representatives of local community interests", in relation to the functional area of a Committee, means persons who are representative of community interests that are concerned with promoting the development of aspects of those interests within that area and such representatives may include representatives of non-governmental organisations, development agencies, community-based groups, recognised associations for the purposes of section 128, youth organisations, cultural bodies, sporting bodies and social movements and networks.]

128B. F172[Functions of Local Community Development Committees

128B.— (1) The functions of a Committee are—

(a) to prepare and adopt the community elements of every 6 year local economic and community plan concerned in accordance with section 66C and any regulations made, or general policy guidelines issued, by the Minister for the purposes of that section,

(b) to implement, or to arrange for the implementation of, the community elements of the Plan (as the case may be) as made by the local authority in accordance with section 66C(4),

(c) to undertake a review of the community elements of the Plan at least once within the period of 6 calendar years after the Plan was adopted or last amended for the purposes of this paragraph and, if the Committee considers it necessary after any such review—

(i) to amend the community elements of the Plan, or

(ii) to prepare and adopt new community elements of the Plan to be made by the local authority under section 66C,

and any such amendment or adoption shall be in accordance with any regulations made, or general policy guidelines issued, by the Minister for that purpose,

(d) to monitor and review on an ongoing basis the implementation of the community elements of the Plan, including performance against any benchmarks or indicators of performance set out in the community elements of the Plan or other relevant indicators and, if the Committee considers appropriate, to revise the actions and strategies set to achieve the objectives of those elements of the Plan,

(e) in furtherance of paragraph (b), to co-ordinate, manage and oversee the implementation of local and community development programmes that have been either—

(i) approved by resolution from time to time for that purpose by the local authority concerned in respect of all or part of its administrative area, or

(ii) agreed for that purpose between the Committee and a public authority,

and to ensure that any plans and strategies related to those programmes are implemented in accordance with the community elements of the Plan,

(f) to seek to ensure effectiveness, consistency, co-ordination and avoidance of duplication between the local and community development programmes to which paragraph (e) applies and the functions of the local authority in relation to promoting the interests of local communities or in other related functions under section 66 (as provided for by subsection (2)) or otherwise,

(g) in addition to those programmes to which paragraphs (e) and (f) apply, to pursue the co-ordination generally of all local and community development programmes within the functional area of the Committee, so as to optimise resources for the benefit of local communities in that area and improve the efficiency with which publicly-funded local and community development resources are used,

(h) to consider and adopt a statement in respect of the economic elements of a draft of the Plan prepared by the local authority in accordance with section 66C, and

(i) not later than 31 March in each year, to prepare, adopt and submit to the local authority a report in relation to the performance of its functions during the year immediately preceding the year in which the report is submitted.

(2) The functions of a local authority under section 66, shall be deemed to be delegated to a Committee, in so far as those functions are necessary for the performance by the Committee of its functions otherwise provided for by this section.

(3)(a) The Committee may enter into an agreement in writing with a public authority, local development or community development body, or other person for the carrying out of those functions by such an authority, body or person, as the case may be, which the Committee considers appropriate to be carried out by such an authority, body or person, subject to such terms, conditions, restrictions and other requirements as the Committee considers necessary and specifies in the agreement.

(b) In this subsection a "local development or community development body" includes a not-for-profit organisation that provides programmes, offers services or engages in other activities that promote and support the interests of a local community or any part of a community or group within a local community.

(4)(a) The Minister may, with the consent of the Minister for Public Expenditure and Reform, by order confer on a Committee or Committees such additional functions connected with the functions for the time being of a Committee, class of Committees or Committees generally (as the case may be) as the Minister determines, subject to such conditions (if any) as may be specified in the order.

(b) The Minister may make such provision as he or she considers necessary or expedient in respect of matters ancillary to or arising out of any of the functions referred to in paragraph (a).

(c) The Minister shall not make an order under this subsection in respect of functions for which another Minister of the Government is directly or indirectly responsible unless that Minister consents to that order being made.

(5) The Committee, in performing its functions, shall have regard to—

(a) the resources, wherever originating from, that are available or likely to become available to it for the purpose of such performance and the need to secure the most beneficial, effective and efficient use of such resources,

(b) the need for co-operation with, and the co-ordination of its activities with those of local authorities, public authorities and publicly funded bodies, the performance of some of whose functions affect or may affect the Committee, so as to ensure efficiency and economy in the performance by the Committee of its functions,

(d) the need for consistency with the policies and objectives of the Government or any Minister of the Government or other public authority in so far as they may affect or relate to the Committee’s functions,

(e) the need to integrate sustainable development considerations into policy development and implementation, and

(f) the need to promote social inclusion.

(6) The Committee has all such powers as are necessary for, or incidental to, the performance of its functions under this section.

(7) Subject to subsections (2) and (8), this section and section 49A are without prejudice to and do not restrict the functions of a local authority in relation to promoting the interests of local communities or other related functions under section 66 or otherwise.

(8) Section 140 shall not apply to the performance of any functions of the Committee and any resolution purporting to be passed under that section in relation to those functions which contravenes this subsection is void.]

128C. F173[Membership of Local Community Development Committees

128C.— (1) Subject to and in accordance with any regulations made, or general policy guidelines issued, by the Minister for the purposes of this section, the membership of a Committee shall comprise partly of persons who are and partly of persons who are not members of the local authority concerned.

(2) For the purposes of subsection (1), the Committee shall include—

(a) members of the local authority,

(b) the chief executive of the local authority or such other person employed by, or seconded to, the local authority (either by name or by reference to the person for the time being holding or exercising the functions of a particular post in that authority) standing nominated for the time being by the chief executive,

(c) representatives of public authorities having responsibility for the provision of services to or within, the area of the Committee,

(d) representatives of local community interests,

(e) individuals acting in a private capacity who are or have been members or otherwise associated with any body (however described) of a type referred to in the definition of "local community representatives" in section 128A,

(f) representatives of publicly funded or supported local development bodies concerned with promoting the interests of local communities, and

(g) such other persons or bodies (if any) as may be provided for by such regulations made, or general policy guidelines issued, by the Minister under section 128E.

(3)(a) The chief officer of the Committee shall, in consultation with the Corporate Policy Group, seek and select nominees to the Committee, from time to time, in accordance with subsection (2) and any regulations made, or general policy guidelines issued, by the Minister for that purpose, and shall submit a list of recommended nominees to the members of the local authority for their consideration.

(b) The nominees shall be appointed to the Committee, without omission or addition, by resolution of the local authority.

(i) the local authority did not pass the resolution concerned on any of the 2 days upon which it has met after submission of the list of recommended nominees under paragraph (a), or

(ii) 60 days have elapsed since submission under paragraph (a) of the list of nominees,

then the recommended nominees shall be deemed to have been appointed on the day following the last day to which subparagraph (i) or (ii) relates, whichever first occurs.

(4) The members of a Committee shall elect one of their number to be the chairperson.]

128D. F174[Staffing of Local Community Development Committee

128D.— (1) The chief executive of a local authority shall assign an employee or employees of the local authority (either by name or by reference to the employee for the time being holding or exercising the functions of a particular post in that authority)—

(a) to assist the Committee in performing its functions, and

(b) one of those persons shall be designated by the chief executive to be the chief officer of the Committee and have responsibility for carrying out, managing and controlling generally the administration and business of the Committee and arranging for the provision of appropriate administrative, secretarial and other support.

(2) The chief executive of the local authority may delegate such of his or her functions as he or she considers necessary to an employee or employees of the local authority for the purpose of subsection (1) and section 154 shall apply for the purposes of any such delegation, subject to any necessary modifications.]

128E. F175[Regulations and general policy guidelines

128E.— (1) The Minister may, following consultation with such public authorities as he or she considers appropriate, make regulations for the purposes of this Chapter and section 49A either generally or in relation to a Committee or to a particular class or classes of Committees.

(2) The Minister may, in particular but without prejudice to the generality of subsection (1), make regulations in relation to—

(a) matters relating to the establishment and membership of a Committee including—

(i) the representation of sectoral interests,

(ii) the tenure of office of the chairperson and members of a Committee, and

(iii) the procedures to apply to ensure fairness and equity in the selection of members and the election of a chairperson of a Committee,

(b) the performance of the functions of a Committee, including the functions of a local authority under section 66 delegated to a Committee,

(d) the involvement of public authorities and other bodies and interests in the work of a Committee,

(e) the carrying out, management and control of the administration and business of a Committee and any administrative, secretarial and other support of a Committee, including the delegation of functions by the chief executive for the purposes of such support, and

(f) meetings and proceedings of the Committee, including arrangements relating to scheduling and notification of meetings and meeting agendas.

(3) The Minister may, following consultation with such public authorities as the Minister considers appropriate, issue general policy guidelines for the purposes of any provision of this Chapter and section 49A and each Committee shall, to the extent that those guidelines apply to it, comply with those guidelines.

(4) The Minister may, in particular but without prejudice to the generality of subsection (3), issue general policy guidelines in relation to—

(a) principles guiding the work of Committees,

(b) proposals of local authorities in relation to the establishment of 2 or more Committees within administrative areas,

(d) persons or bodies who may be considered for nomination to Committees and to whom section 128C(2)(g) relates,

(e) the representation of members of the local authority or its officials,

(f) the representation of non-governmental organisations, development agencies, community-based groups, recognised associations for the purposes of section 128, cultural bodies, sporting bodies and social movements and networks,

(g) procedures and processes for establishing and managing working groups of Committees,

(h) matters to be taken into account when dissolving Committees,

(i) consultation with local communities and measures for promoting participation by citizens and communities in the work of Committees,

(j) co-ordination of local and community development activities, avoidance of duplication and optimising the use of available resources,

(k) implementation arrangements, including arrangements for the management and disbursement of funding by a Committee, in respect of the local and community development programmes referred to in section 128B(1)(e),

(l) matters to be taken into account by Committees when giving advice and making recommendations under section 128F, and

(m) any other matter of a general policy nature that the Minister considers appropriate for inclusion in the guidelines.]

128F. F176[Co-operation with Local Community Development Committees

128F.— (1) In this section "relevant body" means—

(a) a local authority,

(b) a regional assembly,

(c) a trust or other body to which paragraph (c) of the definition of "local government body" in section 126A relates or in respect of which there is a determination under section 126L(3),

(d) a body referred to in Schedule 16,

(e) a publicly funded body in respect of which there is an order under subsection (7)(a).

(2) In respect of those local and community development programmes to which section 128B(1)(e) relates, it is the duty of a relevant body, in so far as is not inconsistent with the performance of its functions, and subject to law—

(a) to co-operate with the Committee in the performance by the Committee of its functions,

(b) to comply with all lawful requests from the Committee in respect of information sought which is of relevance to the Committee’s functions,

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