Local Government Act 2001

F303[(c) the provision of policy support and other assistance to its constituent authorities as regards any matter relating to or that may relate to local government,

(d) the assessment of public policy as regards any matter relating to or that may relate to local government, and

(e) the provision of advice and the making of submissions to the Minister or other public authorities as regards such matters.]

F304[(3A)(a) Where an association of local authorities or, in the event that there is a single association, such association requests a meeting with the Minister in relation to activities undersubsection (3), the Minister shall meet a delegation from the association, or hold a meeting to whichparagraph (b)applies, at least once in every year.

(b) Where there is more than one association of local authorities in being at the time of a request or requests for a meeting with the Minister under this subsection is or are received, the Minister may require the meeting for the purposes of paragraph (a) to be a meeting with a joint delegation from those associations.]

(4) An association of local authorities shall operate in accordance with its constitution or other procedural rules (by whatever name called).

(5) Without prejudice to any other provisions which may be included in the procedural rules of an association of local authorities, such rules shall set out the general functions and objectives of the association and provide for—

(a) the adoption by the association of annual estimates of expenditure and income,

(b) the keeping of all proper and sufficient accounts of all moneys received or spent by it and of its assets and liabilities,

(c) the audit of such accounts,

(d) the adoption of an annual report on the performance of its functions, and

(e) such other matters as are necessary to give effect to its function of representing the collective interests of its constituent authorities and to give effect to the matters set out in subsection (6).

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

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

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

(c) the association may make payments to its delegates for expenses incurred in respect of travel and subsistence related to the business of the association on the basis set out in its procedural rules;

(d) the association shall provide the local authority with a copy of its procedural rules and shall consult the local authority regarding any proposed changes to those rules;

(e) the association shall provide the local authority and the Minister with—

(i) a copy of its draft estimates,

(ii) a copy of the estimates when adopted,

(iii) a copy of the audited accounts, annual report, and

(iv) such other reports or statements of the association as it may consider appropriate;

(f) the annual estimates shall set out the principal categories of expenditure and income and shall indicate how these relate to the association’s estimated financial requirements for the relevant period;

(g) the local authority and the association shall comply with such general directions as may be issued by the Minister in relation to—

(i) the form and categories in which income and expenditure under this section is shown in estimates and accounts, and

(ii) such other matters as the Minister may consider appropriate for the purposes of this section.

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

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

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

(c) the likely costs and benefits of its activities to its constituent local authorities,

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

(e) any submissions made to it by a constituent authority on foot of subsection (6)(d) or (e) or otherwise, or by the Minister.

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

(9) A reference in any enactment to “the association of county councils of Ireland”, “the Irish County Councils General Council” or “the County Councils’ General Council” or to any analogous expression shall be read as a reference to the General Council of County Councils as referred to in subsection (1) or as a reference to that body by whatever name known for the time being.

226. Local Authority Members’ Association.

226.—(1) A member of a local authority may in his or her own right hold membership of the association known as the Local Authority Members’ Association and the members of a local authority may appoint a person to represent them on that association.

(2) Subsections (3) to (8) of section 225 apply with any necessary modifications for the purposes of this section.

(3) Nothing in subsections (1) and (2) or section 225 shall be read as preventing the establishment of a unified body to replace the bodies mentioned in those provisions and to represent local government and its elected members.

227. Reclaimed land and structures to form part of local authority area.

227.—(1) The maritime boundary of a county, city or town shall on the establishment day by virtue of this subsection be deemed to coincide with the ordinary high water mark for the time being, except where in accordance with section 10(4), such boundary already extends beyond that high water mark.

F305[(1A) Insubsection (1)the reference to the maritime boundary of a county or city includes, where the context admits, the maritime boundary of a city and county which is the successor authority (within the meaning of the Local Government Reform Act 2014) to a county and to a city, and references in this section to a county or city shall be read accordingly.]

(2)(a) For the avoidance of doubt and without prejudice to subsection (1) it is hereby declared that all land which is above the ordinary high water mark for the time being and which is formed by reclamation or other construction works or by natural accretion or otherwise shall, notwithstanding the provisions of any other enactment, for all purposes, including all functions conferred on a local authority by this or any other enactment, be included in and form part of the county or city to which it is contiguous or connected or where it adjoins or is connected to more than one such county or city in proportion to the extent of the common boundary and the boundary of that county or city shall stand altered accordingly.

(b) Where land referred to in paragraph (a) forms part of a county or city it shall by virtue of this paragraph also for all purposes be included in and form part of F306[…] any other administrative, electoral or geographical district which it adjoins and which is situated within such county or city or where it adjoins more than one such district in proportion to the extent of the common boundary of such districts.

(c) In this section and for purposes of illustration only and without restriction of the definition of land in section 2 as including a structure, land shall be read as including piers, wharves, jetties, breakwaters, walkways, bridges, pylons, tanks or other installations, equipment or apparatus.

(3) Where a local authority becomes aware that land referred to in subsection (2)(a) has by virtue of this section become part of its administrative area, the authority shall notify the Chief Boundary Surveyor of that fact.

228. Acceptance of gifts by a local authority.

228.—(1) F307[…]

(2) A local authority may accept gifts of money, land or other property on the trusts or conditions (if any) as may be specified by the donor.

(3) A local authority shall not accept a gift if the trusts or conditions attached to it would be inconsistent with, or prejudice, the effective performance of its functions.

(4) A local authority shall, as appropriate, publish in its annual report details of all gifts accepted by it during the period of the report.

(5) Nothing in this section shall be read as restricting the right of any local authority to continue to hold and administer gifts of property which it has accepted before the establishment day under the Local Authorities (Acceptance of Gifts) Act, 1945.

229. Power of local authorities to enter into contracts, etc.

229.—(1) A local authority may enter into a contract with any person in respect of any matter arising in relation to the functions of the local authority.

(2) A local authority shall comply with guidelines issued by the Minister or other Minister of the Government in regard to contracts or the seeking, reception and examination of tenders.

(3) Any contract or instrument which, if entered into or executed by an individual, is not required to be under seal may be entered into or executed on behalf of the local authority by the F308[chief executive] in accordance with section 149(5) or by an employee generally or specially nominated by order of the F308[chief executive] for that purpose.

(4) A local authority may from time to time engage such consultants, advisers or other persons as it considers necessary for the discharge of its functions.

(5) This section shall not be read so as to limit the scope of section 65 in relation to the ancillary functions of local authorities.

(6) This section shall not be read so as to permit the exercise of a reserved function of a local authority other than by a local authority.

230. Joint burial boards.

230.—F309[…]

231. Joint drainage committees.

231.— (1) After consultation with the Minister for Finance, the Minister may by order provide that this section is to have effect in respect of a joint drainage committee specified in the order from a date so specified.

(2) F310[(a) In this subsection "the relevant local authorities" means the local authorities which are liable to provide funds to the joint drainage committee concerned.]

(b) Where an order is made under subsection (1), then from the date specified in the order the joint drainage committee so specified is dissolved and ceases to exist and the functions of that committee shall become and be functions of and vest in each of the relevant local authorities for so much of the drainage district as is within each of their administrative areas.

(c) The relevant local authorities may make such joint arrangements as may be necessary for the carrying out of the functions of the dissolved joint drainage committee.

(3)(a) The F310[chief executive] for a joint drainage committee to which an order under subsection (1) applies shall take all such steps as may be necessary—

(i) in preparation for and arising from the dissolution of the committee, and the winding-up of its affairs generally, and

(ii) for the making of such joint or other arrangements as may be necessary for the carrying out of its functions.

(b) It is the duty of the local authorities concerned to co-operate as regards the operation of any arrangements under paragraph (a)(ii).

232. Regulations to remove difficulties.

232.—If, in any respect, any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may be regulations do anything which appears to the Minister to be necessary or expedient for the purposes of removing that difficulty, for bringing that provision into operation or for securing or facilitating its operation and any such regulations may modify any provision of this Act or any other enactment so far as may be necessary or expedient for those purposes, but no regulations shall be made under this section in relation to a provision of this Act after the expiration of 3 years from the commencement of that provision.

233. Reduction of grants etc. in certain circumstances.

233.—(1) Subject to subsection (2), where in the opinion of the Minister a local authority has failed or substantially failed to comply with a statutory duty under any enactment, the Minister may reduce or withhold payment of any grant or any other money due or otherwise payable to the local authority.

(2) The Minister shall notify the local authority concerned in writing of his or her intention to exercise the functions conferred by subsection (1) and shall state the reasons for it and that local authority may within the period of 3 weeks of such notification make a submission in writing to the Minister as regards the matter and the Minister shall have regard to any such submission so received.

234. Offence by body corporate.

234.—(1) Where an offence under this Act is committed by a body corporate and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, F311[chief executive], secretary or other similar officer of the body or any person who was claiming to act in any such capacity, that officer or person, as well as the body, is guilty of an offence and is liable to be proceeded against and punished as if he or she had committed the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

235. Commencement of summary proceedings.

235.—Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings in relation to an offence under this Act may, subject to section 181(8) in respect of such proceedings for an offence under Part 15, be commenced at any time within 12 months from the date on which the offence was committed.

236. Discharge of certain functions by Minister.

236.—(1) In this section “officer” means an officer of the Minister who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956.

(2) The Minister may delegate any of his or her functions under—

(a) this Act,

(b) any enactment mentioned in Part 1 of Schedule 12, or

(c) any other enactment, in so far as it relates to local authorities or related matters,

which are specified in the delegation.

(3) Every delegation under this section shall be in writing to a named officer or to an officer of a specified grade, position or description.

(4) A delegation under this section may be revoked by the Minister.

(5) A delegation under this section is without prejudice to the right of the Minister to exercise the function concerned.

(6) Every function delegated under this section shall be exercised and performed by the delegated officer subject to the general supervision and control of the Minister and to such limitations (if any) as may be specified in the delegation or which may be specified in writing by the Minister at any time thereafter.

(7) A delegation made under section 61 of the Local Government Act, 1994, is deemed to be a delegation under this section and continues to have effect accordingly and any reference in such delegation to a function of the Minister under any enactment repealed by this Act shall be read as a reference to the corresponding provision of this Act.

237. Regional authorities, functions.

237.—A regional authority established by the Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1999 (S.I. No. 226 of 1999), made under section 43 of the Local Government Act, 1991, shall have and be deemed always to have had such functions in connection with assistance from the European Communities as are specified in that order.

237A. F312[Regulations relating to members of House of Oireachtas.

237A.—(1) In this section "dealing" in relation to a member of either House of the Oireachtas means a dealing with such a member in his or her capacity as such a member.

(2) Local authorities shall conduct their dealings with members of either House of the Oireachtas in accordance with regulations undersubsection (3).

(3) The Minister shall make regulations for the purposes ofsubsection (2)and those regulations shall include provisions in relation to—

(a) the supply, without charge, of notice, agenda and minutes of local authority meetings to members of either such House,

(b) the supply by local authorities of other specified documentation or other specified information.

(c) correspondence with such members by local authorities,

(d) arrangements to facilitate access by such members to information, and communication generally by local authorities with such members, and

(e) such other matters as the Minister may consider appropriate for the purposes ofsubsection (2).

(4) Nothing in this section derogates from—

(a)section 4,

(b) the functions of a local authority as specified insection 63(1)(a), or

(c) the role of local authority members as locally elected public representatives.]

PART 23 Transfer of Temple Bar Properties Limited to Dublin City Council

238. Definition (Part 23).

238.—In this Part “Act of 1991” means the Temple Bar Area Renewal and Development Act, 1991.

239. Transfer of Temple Bar Properties Limited to Dublin City Council.

239.—The Minister for the Environment and Local Government shall transfer his or her shareholding in Temple Bar Properties Limited to Dublin City Council.

240. Shareholder in Temple Bar Properties Limited.

240.—The Act of 1991 is amended by the substitution of the following for section 10—

“10.—Notwithstanding any provision of the Companies Acts, 1963 to 1999, Dublin City Council, through its nominees, shall be the sole shareholder of Temple Bar Properties Limited.”.

241. Transitional (Part 23).

241.—If section 239 or the amendment provided for by section 240 comes into operation before the establishment day provided for by section 9, references to Dublin City Council in those provisions shall, until their coming into operation, be read as references to the Lord Mayor, Aldermen and Burgesses of the city of Dublin.

242. Repeals (Part 23).

242.—Sections 12, 13, 14 and 16 of the Act of 1991 are repealed.

PART 24 Miscellaneous Amendments

243. Amendment of Electoral Act, 1992.

243.—F313[…] the Electoral Act, 1992, is further amended in section 165(8)(b) by the substitution of “the Local Government Act, 2001” for “Part VI of the Electoral Act, 1963”.

244. Amendment of Housing (Traveller Accommodation) Act, 1998.

244.—Section 31 of the Housing (Traveller Accommodation) Act, 1998, is amended by the substitution of the following for section 31:

245. Amendment of Roads Act, 1993.

245.—The Roads Act, 1993, is amended by the insertion of the following after section 15 of that Act:

246. Amendment of Abattoirs Act, 1988.

246.—Section 35 of the Abattoirs Act, 1988, is amended—

(a) by the insertion in subsection (1)(a) of “or part-time” after “whole-time”;

(b) by the substitution of the following for subsection (4):

“(4) The provisions of section 85 of the Local Government Act, 2001, shall apply to the appointment of a whole-time or part-time veterinary inspector pursuant to this section subject to the modification that a local authority shall not enter into the agreement referred to in the said section 85 unless the consent of the Minister has been first obtained.”;

(c) by the substitution in subsections (5) and (6) of “section 85 (as modified by subsection (4) of this section) of the Local Government Act, 2001,” for “section 59 (as modified by subsection (4) of this section) of the Local Government Act, 1955,”.

247. Additional amendments to Planning and Development Act, 2000.

247.—In addition to amendments to the Act of 2000 provided for in Schedule 4 (which relate to amendments that are minor and consequential to this Act), the Act of 2000 is further amended—

(a) by the deletion in paragraph (a) of section 12(1) of “any town commissioners and city and county development boards within the area,”,

(b) in section 106(3)—

(i) by the substitution in paragraph (a) of “6 additional members” for “5 additional members”, and

(ii) by the substitution in paragraph (b) of “more than 6 but not more than 12 additional members” for “more than 5 but not more than 10 additional members”,

(c) in section 134, by the insertion of the following after subsection (4):

“(5) (a) Subject to section 218, where the Board considers it necessary or expedient for the purposes of making a determination in respect of any of its functions under this Act or any other enactment, it may, in its absolute discretion, hold an oral hearing and shall, in addition to any other requirements under this Act or other enactment, as appropriate, consider the report and any recommendations of the person holding the oral hearing before making such determination.

(b) Section 135 shall apply to any oral hearing held in accordance with paragraph (a) and that section shall be construed accordingly.”,

(d) by the substitution in section 141 of “Organisation of Working Time Act, 1997” for “Holidays (Employees) Act, 1973” in each place where it occurs,

(e) in section 156(1)—

(i) by the substitution of “section” for “sections”, and

(ii) by the substitution of “239 or 247” for “239 and 247”,

(f) by the substitution in section 162(3) of “application for permission for retention of unauthorised development” for “application for retention of permission”,

(g) by the substitution in section 175(10)(e) of “the Environmental Protection Agency Act, 1992” for “this Act”,

(h) by the deletion of paragraph (c) of section 179(1),

(i) by the insertion in section 211(4) after “properly applied” of “, or for such purposes as may be approved by the Minister whether generally or in relation to specified cases or circumstances”,

(j) in section 214(2)(f)—

(i) by the substitution in subparagraph (i) of “and 80” for “,80 and 85”, and

(ii) by the deletion of subparagraph (ii),

(k) in section 221, by the insertion of the following after subsection (8):

“(9) The Minister may by regulations provide for such additional, incidental, consequential or supplemental matters as regards procedure in respect of the functions transferred to the Board under section 214 or 215 as appear to the Minister to be necessary or expedient.”,

(l) by the substitution of the following for section 249(2)—

“(2) Where any provision of this Act, or of any regulations made thereunder, requires notice to be given to any person who has made representations, submissions or observations to a planning authority or the Board, the planning authority or the Board may dispense with that requirement where—

(a) a large number of representations, submissions or observations are made as part of an organised campaign, or

(b) it is not possible to readily ascertain the full name and address of those persons who made the representations, submissions or observations,

provided that the authority or the Board uses some other means of giving notice to the public that the authority or the Board is satisfied can adequately draw the attention of the public to that notice including, in the case of an organised campaign referred to in paragraph (a), giving notice to any person who, in the opinion of the planning authority or the Board, organised the campaign.”,

and

(m) by the insertion of the following paragraph after paragraph 20 of the Fourth Schedule:

“20A. The proposed development would not be consistent with a planning scheme in force in respect of a strategic development zone.”.