LOCAL GOVERNMENT ACT, 2001
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
- (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 under subsection (3).
- (3) The Minister shall make regulations for the purposes of subsection (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 of subsection (2).
- (4) Nothing in this section derogates from—
- (a) section 4,
- (b) the functions of a local authority as specified in section 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:
| “Annual report and activities of a local consultative committee. | 31.—An annual report of a local authority prepared in accordance with section 221 of the Local Government Act, 2001, shall record particulars of the activities of the local consultative committee and the steps taken to secure the implementation of an accommodation programme for the functional area concerned during the period to which the annual report relates.”. |
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:
| “Requirements as regards railways, canals, etc. | 15A.—A road authority shall not construct or reconstruct a bridge or viaduct over, or a tunnel under— (a) a railway, save with the consent of the Minister for Public Enterprise, or (b) any inland waterway within the meaning of the Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act, 1998, or any navigable water, save with the consent of the Minister for Arts, Heritage, Gaeltacht and the Islands.”. |
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.”.
SCHEDULE 1
Acts included in collective citation — Local Government Acts, 1925 to 2001
| Number and Year | Short Title |
| No. 5 of 1925 | Local Government Act, 1925 |
| No. 3 of 1927 | Local Government Act, 1927 |
| No. 23 of 1941 | Local Government Act, 1941 |
| No. 24 of 1946 | Local Government Act, 1946 |
| No. 9 of 1955 | Local Government Act, 1955 |
| No. 40 of 1960 | Local Government (No. 2) Act, 1960 |
| No. 2 of 1968 | Local Government (Buncrana) Act, 1968 |
| No. 15 of 1971 | Local Government (Rateability of Rents) (Abolition) Act, 1971 |
| No. 35 of 1978 | Local Government (Financial Provisions) Act, 1978 |
| No. 10 of 1983 | Local Government (Financial Provisions) Act, 1983 |
| No. 21 of 1983 | Local Government (Financial Provisions) (No. 2) Act, 1983 |
| No. 7 of 1985 | Local Government (Reorganisation) Act, 1985 |
| No. 11 of 1991 | Local Government Act, 1991 |
| No. 8 of 1994 | Local Government Act, 1994 |
| No. 29 of 1997 | Local Government (Financial Provisions) Act, 1997 |
| No. 16 of 1998 | Local Government Act, 1998 |
| No. 6 of 2000 | Local Government (Financial Provisions) Act, 2000 |
SCHEDULE 2
Construction of Certain Terms in Other Enactments
| Expression used in other enactment | Construction by reference to Local Government Act, 2001 |
| 1 | 2 |
| “county borough” | City. |
| “administrative county” | F314[County, and where the other enactment concerned so requires, also includes a reference to a city or to a city and county.] |
| “borough” (not being a county borough) | Borough mentioned in Chapter 1 of Part 1 of Schedule 6. |
| “urban district” | Town mentioned in Chapter 2 of Part 1 of Schedule 6. |
| “town having town commissioners” | Town mentioned in Part 2 of Schedule 6. |
| “county health district” | County exclusive of any towns mentioned in Part 1 of Schedule 6; but subject to section 83. |
| “local authority for the purposes of the Local Government Act, 1941” | A county council, city council, town council, and where the context so requires includes a joint body. |
| “county council” or “council of a county” | County council. |
| “county borough corporation” | City council. |
| “borough corporation” (not being a county borough corporation) | Borough council of a borough mentioned in Chapter 1 of Part 1 of Schedule 6. |
| “urban district council” or “council of an urban district” | Town council of a town mentioned in Chapter 2 of Part 1 of Schedule 6. |
| “town commissioners” or “commissioners of a town” | Town council of a town mentioned in Part 2 of Schedule 6. |
SCHEDULE 3
Enactments Repealed and Revoked
PART 1 Acts Repealed
| Session and Chapter or Number and Year | Short Title | Extent of Repeal |
| 1 | 2 | 3 |
| 6 & 7 Will. 4 c. 116 | Grand Jury (Ireland) Act, 1836 | Sections 35, 43, 44, 46, 54, 58, 66 to 68, 78, 82, 86, 108, 126 and 178 to 180 and Schedule (R). |
| 3 & 4 Vict. c. 108 | Municipal Corporations (Ireland) Act, 1840 | The whole Act. |
| 3 & 4 Vict. c. 109 | Counties and Boroughs (Ireland) Act, 1840 | The whole Act. |
| 6 & 7 Vict. c. 93 | Municipal Corporations (Ireland) Act, 1843 | The whole Act. |
| 7 & 8 Vict. c. 106 | County Dublin Grand Jury Act, 1844 | Sections 40 and 110. |
| 10 & 11 Vict. c. 16 | Commissioners Clauses Act, 1847 | The whole Act. |
| 10 & 11 Vict. c. 34 | Towns Improvement Clauses Act, 1847 | The whole Act. |
| 16 & 17 Vict. c. 136 | Grand Jury (Ireland) Act, 1853 | Section 9. |
| 17 & 18 Vict. c. 103 | Towns Improvement (Ireland) Act, 1854 | The whole Act. |
| 23 & 24 Vict. c. 16 | Municipal Corporations Mortgages etc. Act, 1860 | The whole Act. |
| 30 & 31 Vict. c. 46 | County Treasurers (Ireland) Act, 1867 | The whole Act. |
| 34 & 35 Vict. c. 109 | Local Government (Ireland) Act, 1871 | Sections 18, 24, 25 and 30. |
| 35 & 36 Vict. c. 69 | Local Government Board (Ireland) Act, 1872 | Section 12. |
| 41 & 42 Vict. c. 52 | Public Health (Ireland) Act, 1878 | Sections 7, 200, 201 and 277. |
| 45 & 46 Vict. c. 50 | Municipal Corporations Act, 1882 | The whole Act. |
| 47 & 48 Vict. c. 70 | Municipal Elections (Corrupt and Illegal Practices) Act, 1884 | The whole Act. |
| 53 & 54 Vict. c. 59 | Public Health Acts Amendment Act, 1890 | Section 38. |
| 61 & 62 Vict. c. 37 | Local Government (Ireland) Act, 1898 | Sections 1, 4, 6(b), 10, 11, 12, 14, 18, 21 to 23, 27, 31, 33, 35, 40, 41, 48 to 50, 58, 59, 68, 72, 77, 78, 81 to 84, 86, 100 and 108 and the Second and Third Schedules. |
| 63 & 64 Vict. c. 63 | Local Government (Ireland) Act, 1900 | Section 9. |
| 2 Edw. 7. c. 38 | Local Government (Ireland) Act, 1902 | Sections 6, 8, 14, 15, 21 and 22. |
| 9 Edw. 7. c. 47 | Development and Road Improvement Funds Act, 1909 | The whole Act. |
| No. 13 of 1924 | Local Government (Temporary Provisions) (Amendment) Act, 1924 | The whole Act. |
| No. 5 of 1925 | Local Government Act, 1925 | Sections 2, 3, 5, 6, 9, 16, 58, 64, 70, 73, 74, 81, 86 and 87 and the First Schedule. |
| No. 1 of 1929 | Cork City Management Act, 1929 | The whole Act. |
| No. 27 of 1930 | Local Government (Dublin) Act, 1930 | Sections 7, 17 to 19, 30, 31, 37 to 41, 45, 51, 53 to 57, 59 to 62, 67, 80, 95 and 103 and the First Schedule. |
| No. 35 of 1934 | Limerick City Management Act, 1934 | Sections 2 to 5, 9, 11 to 14, 16 to 19, 21 to 24, 31 to 34, 39, 40 and the First Schedule. |
| No. 44 of 1934 | Local Government (Amendment) (No. 2) Act, 1934 | The whole Act. |
| No. 55 of 1936 | Local Authorities (Miscellaneous Provisions) Act, 1936 | Sections 2, 3 and 6. |
| No. 3 (Private) 1937 | Local Government (Galway) Act, 1937 | The whole Act. |
| No. 13 of 1937 | Local Authorities (Electrical Employees) Act, 1937 | The whole Act. |
| No. 36 of 1937 | Local Government (Nomination of Presidential Candidates) Act, 1937 | The whole Act. |
| No. 25 of 1939 | Waterford City Management Act, 1939 | Sections 2 to 4, 8, 10 to 13, 15 to 18, 20 to 23, 30 to 32 and 37 to 39. |
| No. 12 of 1940 | County Management Act, 1940 | The whole Act. |
| No. 22 of 1940 | Local Authorities (Cost of Living) Act, 1940 | The whole Act. |
| No. 34 of 1940 | Unemployment (Relief Works) Act, 1940 | The whole Act. |
| No. 5 of 1941 | Cork City Management (Amendment) Act, 1941 | Sections 7, 8, 10 to 12, 14, 15, 22, 23 and 26. |
| No. 15 of 1941 | Local Officers and Servants (Dublin) Act, 1941 | The whole Act. |
| No. 23 of 1941 | Local Government Act, 1941 | Parts II, III and IV (in so far as they are not already repealed), sections 67 to 69, Part VIII (in so far as it is not already repealed) and sections 76 to 78, 83 to 86 and 90. |
| No. 13 of 1942 | County Management (Amendment) Act, 1942 | The whole Act. |
| No. 8 of 1945 | Local Government (Dublin) Act, 1945 | The whole Act. |
| No. 13 of 1945 | Local Authorities (Cost of Living) (Amendment) Act, 1945 | The whole Act. |
| No. 30 of 1945 | Local Authorities (Acceptance of Gifts) Act, 1945 | The whole Act. |
| No. 24 of 1946 | Local Government Act, 1946 | Sections 7 to 9, 15 to 17, 22, 25 to 27, 34, Part III (in so far as it is not already repealed) and Part IV and sections 62 to 66, 70, 71, 73, 76 to 79, 80 to 83, 88 to 93, 95 and 98. |
| No. 3 of 1948 | Local Government (Sanitary Services) Act, 1948 | Sections 30, 41 and 42(2) and the Second, Third and Fourth Schedules. |
| No. 24 of 1950 | Limerick City Management Act, 1950 | The whole Act. |
| No. 9 of 1955 | Local Government Act, 1955 | Chapter 1 of Part II other than section 24(2), sections 31 to 33, 40, 41, 48, 51, 53, 54, 58 to 65 and Part 1 of the Second Schedule. |
| No. 12 of 1955 | City and County Management (Amendment) Act, 1955 | The whole Act. |
| No. 9 of 1958 | Local Government Act, 1958 | The whole Act. |
| No. 10 of 1959 | Local Government Act, 1959 | The whole Act. |
| No. 40 of 1960 | Local Government (No. 2) Act, 1960 | Part II and sections 11 and 12. |
| No. 3 of 1962 | Road Fund (Grants) (Temporary Provisions) Act, 1962 | The whole Act. |
| No. 8 of 1965 | Cork City Management (Amendment) Act, 1965 | The whole Act. |
| No. 21 of 1966 | Housing Act, 1966 | Sections 85, 87, 88 and 108. |
| No. 6 of 1968 | Local Government (Roads and Drainage) Act, 1968 | The whole Act. |
| No. 32 of 1972 | County Management (Amendment) Act, 1972 | The whole Act. |
| No. 8 of 1974 | Local Elections (Petitions and Disqualifications) Act, 1974 | Section 25. |
| No. 35 of 1978 | Local Government (Financial Provisions) Act, 1978 | Sections 11 to 13 and 14. |
| No. 21 of 1983 | Local Government (Financial Provisions) (No. 2) Act, 1983 | Section 9. |
| No. 7 of 1985 | Local Government (Reorganisation) Act, 1985 | Sections 5 to 7, Part III (in so far as it is not already repealed) and sections 19 to 23, 25 and 27 and the First, Second, Third, Fourth and Fifth Schedules. |
| No. 3 of 1986 | Canals Act, 1986 | Section 15. |
| No. 28 of 1988 | Housing Act, 1988 | Section 27. |
| No. 11 of 1991 | Local Government Act, 1991 | Parts II to VI F315[(other than Part V)] and sections 41, 42 and 46 to 54. |
| No. 31 of 1993 | Local Government (Dublin) Act, 1993 | Part II and sections 39 and 40. |
| No. 8 of 1994 | Local Government Act, 1994 | Parts II to VII, sections 44, 46 and Parts IX and X, sections 61 and 63 to 67 and the Third, Fourth and Fifth Schedules. |
| No. 12 of 1997 | Litter Pollution Act, 1997 | Subsections (1) and (2) of section 35. |
| No. 29 of 1997 | Local Government (Financial Provisions) Act, 1997 | Sections 8, 13 and 16. |
| No. 16 of 1998 | Local Government Act, 1998. | Sections 9 and 10. |
| No. 25 of 2000 | Local Government Act, 2000 | The whole Act. |
PART 2 Orders Revoked
| Year and Number | Short Title | Extent of Revocation |
| 1 | 2 | 3 |
| 1898 No. 1120 | Local Government (Application of Enactments) Order, 1898 | The whole Order. |
| 1899 No. 44 | Local Government (Adaptation of Irish Enactments) Order, 1899 | Articles 4 to 7, 13, 15 to 17, 19 to 36 and 42 to 45. |
SCHEDULE 4
Minor and Consequential Amendments to Acts
| Session and Chapter or Number and Year | Short Title | Nature of Amendment |
| 1 | 2 | 3 |
| 61 & 62 Vict. c. 37 | Local Government (Ireland) Act, 1898 | In subsection (10) of section 54, in the final sentence, delete the words “and the said secretary shall be entitled to such payment for each certificate”. |
| No. 35 of 1978 | Local Government (Financial Provisions) Act, 1978 | In subsection (1) of section 10, substitute “required in accordance with section 102(3) of the Local Government Act, 2001,” for “required by section 9(1) of the Act of 1955”. In subsections (2)(a) and (3)(b)(ii) of section 10, substitute “section 103(7)(b)(i) of the Local Government Act, 2001,” for “section 10(4)(c) of the Act of 1955”. In subsection (3)(b)(i) of section 10, substitute “section 101(1) of the Local Government Act, 2001” for “section 26(1) of the Local Government Act, 1946”. |
| No. 29 of 1997 | Local Government (Financial Provisions) Act, 1997 | In subsection (1) of section 1, in the definition of “local government auditor” substitute “referred to in section 116 of the Local Government Act, 2001;” for “referred to in section 68(2) of the Local Government Act, 1941;”. |
| No. 33 of 1998 | Housing (Traveller Accommodation) Act, 1998 | In section 24, substitute “under subsections (4) and (5) of section 138 of the Local Government Act, 2001,” for “under section 2(9) of the City and County Management (Amendment) Act, 1955, (as amended by section 27 of the Act of 1988)”. |
| No. 30 of 2000 | Planning and Development Act, 2000 | In subsection (6)(c) and (7) of section 34, substitute “section 140 of the Local Government Act, 2001” for “section 4 of the City and County Management (Amendment) Act, 1955” and in paragraph (a) of the said subsection (7), substitute “subsection (3)” for “subsection (2)”. In section 179(5), substitute “Sections 138, 139 and 140 of the Local Government Act, 2001,” for “Sections 2, 3 and 4 of the City and County Management (Amendment) Act, 1955”. |
SCHEDULE 5
Sections 10(2) and 11(3)
Local Government Areas
PART 1 Counties
Chapter 1
Names of Counties and of Local Authorities in the Irish Language
| Name of County | Name of Local Authority of County |
| 1 | 2 |
| Ceatharlach | Comhairle Contae Cheatharlach |
| An Cabhán | Comhairle Contae an Chabháin |
| An Clár | Comhairle Contae an Chláir |
| Corcaigh | Comhairle Contae Chorcaí |
| Dún na nGall | Comhairle Contae Dhún na nGall |
| Dún Laoghaire-Ráth an Dúin | Comhairle Contae Dhún Laoghaire-Ráth an Dúin |
| Fine Gall | Comhairle Contae Fhine Gall |
| Gaillimh | Comhairle Contae na Gaillimhe |
| Ciarraí | Comhairle Contae Chiarraí |
| Cill Dara | Comhairle Contae Chill Dara |
| Cill Chainnigh | Comhairle Contae Chill Chainnigh |
| Laois | Comhairle Contae Laoise |
| Liatroim | Comhairle Contae Liatroma |
| An Longfort | Comhairle Contae an Longfoirt |
| Lú | Comhairle Contae Lú |
| Maigh Eo | Comhairle Contae Mhaigh Eo |
| An Mhí | Comhairle Contae na Mí |
| Muineachán | Comhairle Contae Mhuineacháin |
| Tiobraid Árann | Comhairle Contae Thiobraid Árann |
| Uíbh Fhailí | Comhairle Contae Uíbh Fhailí |
| Ros Comáin | Comhairle Contae Ros Comáin |
| Sligeach | Comhairle Contae Shligigh |
| Baile Átha Cliath Theas | Comhairle Contae Baile Átha Cliath Theas |
| An Iarmhí | Comhairle Contae na hIarmhí |
| Loch Garman | Comhairle Contae Loch Garman |
| Cill Mhantáin | Comhairle Contae Chill Mhantáin |
Chapter 2
Names of Counties and of Local Authorities in the English Language
| Name of County | Name of Local Authority of County |
| 1 | 2 |
| Carlow | Carlow County Council |
| Cavan | Cavan County Council |
| Clare | Clare County Council |
| Cork | Cork County Council |
| Donegal | Donegal County Council |
| Dun Laoghaire-Rathdown | Dun Laoghaire-Rathdown County Council |
| Fingal | Fingal County Council |
| Galway | Galway County Council |
| Kerry | Kerry County Council |
| Kildare | Kildare County Council |
| Kilkenny | Kilkenny County Council |
| Laois | Laois County Council |
| Leitrim | Leitrim County Council |
| Longford | Longford County Council |
| Louth | Louth County Council |
| Mayo | Mayo County Council |
| Meath | Meath County Council |
| Monaghan | Monaghan County Council |
| Offaly | Offaly County Council |
| Roscommon | Roscommon County Council |
| Sligo | Sligo County Council |
| South Dublin | South Dublin County Council |
| Tipperary | Tipperary County Council |
| Westmeath | Westmeath County Council |
| Wexford | Wexford County Council |
| Wicklow | Wicklow County Council] |
F317[PART 2 Cities
Chapter 1
Names of Cities and of Local Authorities in the Irish Language
| Name of City | Name of Local Authority of City |
| 1 | 2 |
| Corcaigh | Comhairle Cathrach Chorcaí |
| Baile Átha Cliath | Comhairle Cathrach Bhaile Átha Cliath |
| Gaillimh | Comhairle Cathrach na Gaillimhe |
Chapter 2
Names of Cities and of Local Authorities in the English Language
| Name of City | Name of Local Authority of City |
| 1 | 2 |
| Cork | Cork City Council |
| Dublin | Dublin City Council |
| Galway | Galway City Council] |
F318[PART 3 Cities and Counties
Chapter 1
Names of Cities and Counties in the Irish Language and Names of Local Authorities
| Name of City and County | Name of Local Authority of City and County |
| 1 | 2 |
| Luimneach | Comhairle Cathrach agus Contae Luimnigh |
| Port Láirge | Comhairle Cathrach agus Contae Phort Láirge |
Chapter 2
Names of Cities and Counties in the English Language and Names of Local Authorities
| Name of City and County | Name of Local Authority of City and County |
| 1 | 2 |
| Limerick | Limerick City and County Council |
| Waterford | Waterford City and County Council] |
SCHEDULE 6
Local Government Areas (Towns)
F319[…]
SCHEDULE 7
Number of Members of Local Authorities
PART 1 County Council Number of Members
| County Council | Number of Members |
| Carlow | 18 |
| Cavan | 18 |
| Clare | 28 |
| Cork | 55 |
| Donegal | 37 |
| Dun Laoghaire-Rathdown | 40 |
| Fingal | 40 |
| Galway | 39 |
| Kerry | 33 |
| Kildare | 40 |
| Kilkenny | 24 |
| Laois | 19 |
| Leitrim | 18 |
| Longford | 18 |
| Louth | 29 |
| Mayo | 30 |
| Meath | 40 |
| Monaghan | 18 |
| Offaly | 19 |
| Roscommon | 18 |
| Sligo | 18 |
| South Dublin | 40 |
| Tipperary | 40 |
| Westmeath | 20 |
| Wexford | 34 |
| Wicklow | 32] |
F321[PART 2
| City Council | Number of Members |
| Cork | 31 |
| Dublin | 63 |
| Galway | 18] |
F322[PART 3
| City and County Council | Number of Members |
| Limerick | F323[41 (including the Mayor of Limerick)] |
| Waterford | 32] |
F324[SCHEDULE 8
Alternative Titles to Cathaoirleach and Leas-Chathaoirleach, etc.
A local authority which is a city and county council may by resolution give to the office of its Cathaoirleach or Leas-Chathaoirleach the following titles:
- (a) in the Irish language the title of "Méara" or "Leas- Mhéara", respectively, and
- (b) in the English language, the title of "Mayor" or "Deputy Mayor", respectively.
Where titles are given in accordance with paragraph 1, the holders of the offices shall, as appropriate, be styled, in the Irish language "Méara Cathair agus Chontae....…" and "Leas-Mhéara Cathair agus Chontae....…" followed by the name of the city and county in Irish, and in the English language "Mayor of the City and County of....…" and "Deputy Mayor of the City and County of....…" followed by the name of the city and county in English.
A local authority which has by resolution under paragraph 1 given the titles provided in that paragraph may revert by resolution to the titles of Cathaoirleach or Leas-Chathaoirleach provided for in section 31 and which shall be styled in accordance with that section.]
SCHEDULE 9
Minor and Consequential Amendments relating to Direct Elections, etc.
F325[…]
SCHEDULE 10
Meetings and Proceedings of Local Authorities
1.—(1) In every year a local authority shall hold—
- (a) an annual meeting as provided for in paragraph 3,
- (b) a local authority budget meeting as referred to in paragraph 5,
- (c) such other meetings as are necessary for the transaction of its business, which meetings are in this Act referred to as ordinary meetings.
- (2) In addition, a local authority may hold such special meetings as may be requisitioned by virtue of paragraph 6 or section 140 or as may be decided by resolution.
- (3) This Schedule shall as regards a special meeting convened for the purposes of section 34 or 146 be read subject to and in accordance with the requirements of the relevant section.
2.—(1) A local authority shall provide or arrange for the provision of accommodation for the holding of meetings.
- (2) In so far as practicable, the place for holding of meetings is the principal offices of the authority and meetings shall normally be held at such place.
- (3) Subject to this Act, meetings shall be held on such days and at such times as the local authority shall by resolution appoint or shall fix by standing orders.
- (4) In so far as practicable, a local authority shall fix a regular schedule for the holding of ordinary meetings, which may be set out in standing orders or appointed by resolution.
- (5) Subject to this paragraph, different days, times and places (whether within or without the administrative area of the authority) may be appointed from time to time by resolution or fixed by standing orders for different meetings.
3.—F326[(1) In every year in which a local election is held, the annual meeting of a local authority shall be held on the fourteenth day after the polling day or, where the poll is for any reason countermanded, interrupted or adjourned, after the day on which the poll is completed or the fresh poll is held.
- (2) Where the fourteenth day referred to in subparagraph (1) is an excluded day, the meeting shall be held on the next following day which is not an excluded day.]
- (3) In every other year, the local authority shall hold an annual meeting on such day, in the month of May or June, as the local authority shall by resolution appoint or fix by standing orders.
- (4) Whenever an annual meeting of a local authority is for any reason not held on the day appointed or fixed by or by virtue of this paragraph for the holding of such meeting, the meetings administrator shall, following consultation, if practicable, with the Cathaoirleach, or if the office of the Cathaoirleach is vacant or the Cathaoirleach is unable to act, with the Leas-Chathaoirleach, convene a meeting of the local authority for a convenient hour on the day which appears to such administrator to be the earliest convenient date for that purpose and a meeting so held shall be deemed for all purposes to be an annual meeting held on the day appointed under subparagraph (1), (2) or (3) as appropriate.
4.—(1) At an annual meeting in an election year the meetings administrator shall read out the names of the persons duly elected as members of the local authority F327[…].
- (2) Subject to subparagraph (1), the election of a Cathaoirleach in accordance with sections 36 and 37 is to be the first business at an annual meeting F327[…].
- (3) Where the Cathaoirleach is elected in accordance with sections 36 and 37 the next business shall be the election of the Leas-Chathaoirleach.
- F326[(4) In the case of the annual meeting of a local authority in an election year the business to be transacted shall, subject to this paragraph, include—
- (a) the consideration of the election, appointment or nomination of members of joint bodies or other bodies elected, appointed or nominated by such local authority, and
- (b) fixing 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, so long as the day or days so fixed shall not be later than 10 days after that annual meeting of the local authority and not be an excluded day.]
- (5) Every member of a joint body who has been elected, appointed or nominated by a local authority and is in office as such member at the date of an election to such local authority shall continue to hold office as such member of such joint body until his or her successor is appointed unless he or she sooner dies, resigns, is disqualified, removed from office or otherwise ceases to be a member of the local authority or a member of the joint body, as the case may be, other than by way of reaching the ordinary day of retirement of members of a local authority.
(6)(a) In an election year a local authority shall publish a notice of its annual meeting in at least one newspaper circulating in its administrative area which—
- (i) states the date of the annual meeting and F327[…] that the first business of the meeting will be the election of the Cathaoirleach, and
- (ii) specifies the joint bodies and other bodies to which the local authority is entitled to make appointments at that meeting or subsequently.
- (b) In this paragraph “appointments” includes—
- (i) appointments of members of the local authority, whether by virtue of holding a particular office or by way of nomination, election or otherwise, and
- (ii) appointments of persons who are not members of the local authority.
(7)(a) The notice under subparagraph (6)(a) of the annual meeting shall be in a form and published within a period, prescribed by the Minister by regulations.
- (b) Regulations under this subparagraph may also provide for the publication by a local authority of a subsequent public notice within such period as may be specified, listing the appointments made by it to joint bodies or other bodies referred to in subparagraph (6)(a), or indicating that such a list may be inspected at the principal offices of the local authority.
- (c) Failure by a local authority to publish a notice of the annual meeting as required by this paragraph or to publish it with any omission or error in it does not invalidate any meeting of the local authority or any appointment made or other thing done at the meeting.
F326[5. —A local authority shall hold its budget meeting in accordance with section 103 within the period directed by the Minister for the purposes of that section.]
6.—(1) A requisition to have a special meeting of a local authority convened (in this paragraph referred to as a “requisition”) may be made—
- (a) by the Cathaoirleach,
- (b) if the office of Cathaoirleach is vacant, or the Cathaoirleach is unable to act, by the Leas-Chathaoirleach, or
- (c) by the Cathaoirleach on foot of a request presented to him or her by any 5 members.
- (2) Where the Cathaoirleach refuses or neglects to act on foot of a request referred to in subparagraph (1)(c) within 7 days of it being presented to him or her, the members making the request may convene the meeting in accordance with this paragraph.
- (3) A requisition shall be made in writing and be delivered by the Cathaoirleach, the Leas-Chathaoirleach or in a case where subparagraph (2) applies by the members making the requisition, as the case may be, to the meetings administrator.
- (4) A requisition shall be signed by the person or persons making it, as the case may be, and shall—
- (a) contain as an agenda a statement of the business which it is proposed to transact at the meeting, and
- (b) specify a day, (other than an excluded day), which is not less than 3 clear days after the day on which it is received by the meetings administrator, for the holding of the meeting.
- (5) On receipt of a requisition, the meetings administrator shall, unless it is a case to which subparagraph (6) applies, issue a notification under paragraph 7 and give public notice under paragraph 8 for the special meeting required by the requisition.
- (6) Where—
- (a) a requisition under subparagraph (1)(c) specifies a day for the holding of a special meeting, and
- (b) an ordinary meeting of the local authority is to be held on a day within the period of 10 days after the day on which the meetings administrator receives the requisition.
the business stated in the requisition shall be considered at that ordinary meeting and the special meeting shall not be convened.
7.—(1) A notification to attend a meeting, other than a local authority budget meeting, shall—
- (a) be sent or delivered to each member of the local authority concerned,
- (b) specify the place, date and time of the meeting, and
- (c) give not less than 3 clear days notice of the meeting.
- (2) Paragraph 5 applies to a local authority budget meeting.
- (3) In the case of a meeting requisitioned under section 140 or convened under section 34 or 146 the relevant section applies in relation to such meeting.
(4)(a) A notification shall include or be accompanied by an agenda listing the business proposed to be transacted at the meeting.
- (b) An agenda which has been sent or delivered for the purposes of subparagraph (1) may be altered (whether by way of addition, deletion or otherwise) if an agenda paper specifying the alteration is delivered or sent to each member not less than 3 clear days before the day on which the meeting is to be held.
- (5) In the case of a special meeting convened under paragraph 6, a copy of the requisition shall be sent with the notification.
- (6) Subject to subparagraph (7), a notification shall have the signature of the meetings administrator and any document claiming to have that signature shall be deemed, until the contrary is proved, to have been duly issued or given with the authority of the local authority.
- (7) Non-receipt of a notification by any member or lack of a signature or any other defect in the notification does not affect the validity of a meeting or of any act or thing done at the meeting.
- (8) For the purposes of this paragraph “signature” includes a facsimile of a signature by whatever process reproduced or a printed version, whether original or facsimile, of the name of the meetings administrator and a printed version of that name, whether original or facsimile, shall be deemed to have been duly placed on the document by or with the consent of the meetings administrator until the contrary is proved.
- (9) The meetings administrator shall, where practicable, advise the Cathaoirleach as regards the business of a meeting.
8.—(1)(a) Notice of the place, date, and time of a meeting other than a local authority budget meeting shall be displayed not less than 3 clear days before the day of the meeting in or at the principal offices of the local authority in a position convenient for public inspection during normal office hours.
- (b) A notice referred to in clause (a) shall include the agenda for the meeting or shall specify a place where the agenda can be inspected and in the case of a meeting requisitioned under paragraph 6 or under section 140 the agenda shall include or be accompanied by a copy of the requisition.
- (c) Paragraph 5 applies in the case of a local authority budget meeting.
(2)(a) On request, a local authority shall supply a copy of a public notice and agenda to any person seeking such copy.
- (b) A local authority may make arrangements for the supply to the media of copies of a public notice and agenda referred to in clause (a).
- (c) A local authority may charge such fee, if any, as it may fix for the supply of the copy of the public notice and agenda but no fee shall exceed the reasonable cost of providing the copy.
- (3) By resolution or standing orders, a local authority may make such additional arrangements for the giving of public notice of meetings, including display of notice at additional locations, including but not limited to public libraries, or publication in a newspaper, electronically or otherwise, as it considers appropriate.
- (4) Failure to display or to supply a copy of a notice by virtue of this paragraph does not affect the validity of a meeting or of any act or thing done at the meeting.
9.—Subject to paragraph 16, no business shall be transacted at a meeting other than that specified in the agenda which relates to the meeting or business required by this Act or otherwise by law to be transacted at the meeting.
10.—(1) If present at a meeting, the Cathaoirleach shall chair it.
- (2) If and for so long as the Cathaoirleach is not present, or the office of Cathaoirleach is vacant, the Leas-Chathaoirleach shall chair the meeting if he or she is present but shall leave the chair on the arrival at the meeting of the Cathaoirleach or, in the case of a meeting to fill a casual vacancy in the office of Cathaoirleach in accordance with section 38 or F327[…], following the election of a Cathaoirleach at that meeting.
- (3) In any other case, the meeting shall proceed to the election of one of the members present to chair the meeting and such member shall leave the chair on the arrival at the meeting of the Cathaoirleach or Leas-Chathaoirleach.
- (4) It is the duty of a Cathaoirleach, Leas-Chathaoirleach or any other member who is required in accordance with this paragraph to chair a meeting to take the chair and to proceed with the business of the meeting.
- (5) The procedure for the chairing of an annual meeting in an election year until the election of a Cathaoirleach at such meeting by virtue of section 36 shall be specified in standing orders and may include provision, subject to subparagraph (6), for the taking of the chair for this period by a member or by an employee of the local authority concerned.
- (6) Any member selected to chair an annual meeting under subparagraph (5) shall not have a second or casting vote and the employee of the local authority, if so selected in accordance with that subparagraph, shall not have any vote.
11.—(1) The quorum for a meeting of a local authority is one-fourth of the total number of members of the local authority plus one or, where one-fourth of such total number is not a whole number, the quorum is the next highest whole number plus one.
- (2) Whenever a meeting of a local authority is abandoned owing to failure to obtain a quorum, the names of those members present at the time and place appointed for such meeting shall be recorded by the meetings administrator and they shall for all purposes be deemed to have attended a duly constituted meeting.
12.—(1) Each member present at a meeting of a local authority shall have a vote unless prohibited from voting by this or any other enactment.
- (2) All acts of a local authority which are reserved functions or questions duly coming or arising before a meeting of a local authority shall be determined—
- (a) by a majority of the votes of the members present and voting, or
- (b) where there is an equality of votes, by a second or casting vote of the person chairing the meeting (which person shall have and may choose to exercise such a vote).
- (3) This paragraph is without prejudice to the other provisions of this Act (including provisions required to be included in standing orders by virtue of paragraph 16) or of any other enactment, requiring either the presence of a specified number or proportion of the members or that a specified number or proportion should vote in favour for the doing of any particular act.
- (4) Nothing in this paragraph shall be read as prohibiting a local authority from setting out in standing orders the procedures and methods of voting including when a roll call vote is to be taken.
13.—(1) If—
- (a) in the opinion of the person chairing a meeting (in this paragraph referred to as the “chair”), any member has been or is disorderly by persistently disregarding the ruling of the chair, or by behaving irregularly, improperly or offensively, or by otherwise obstructing the business of the meeting, and
- (b) the chair has conveyed his or her opinion to the members present by naming the member concerned,
then the chair or any member may move “that the member named leave the meeting” and the motion, if seconded, shall be put and determined without discussion.
- (2) Where a local authority decides in accordance with subparagraph (1) that a member leave a meeting, that member shall immediately leave the meeting and shall not be entitled to speak or to take any further part in that meeting on that day.
- (3) Where in the opinion of the chair—
- (a) there is general disorder which impedes the orderly transaction of business, or
- (b) where a member against whom it was resolved that he or she leave the meeting by virtue of this paragraph refuses to do so,
the chair may adjourn the meeting for such period as he or she considers necessary in the interests of order.
- F328[(4) Where at a meeting—
- (a) it has been resolved in accordance with subparagraph (1) that a member leave a meeting and the chair adjourns the meeting under subparagraph (3) because the member refuses to leave, and
- (b) it has been resolved by further resolution that the member was the cause of the meeting being so adjourned,
then any remuneration to, and any allowances for expenses incurred, by that member concerned, as provided for by regulations under section 142, shall be reduced for the period of 12 months (irrespective of whether or not a local election is to be held during that period) from the date of the meeting concerned as follows:
- (i) on the first occasion of it being resolved that the member refused to so leave, 10 per cent;
- (ii) on the next or subsequent occasions of it being so resolved and where paragraph (iii), (iv), (v) or (vi) does not apply, 10 per cent;
- (iii) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (i) or (ii) relates, 30 per cent;
- (iv) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (iii) relates, 50 per cent;
- (v) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (iv) relates, 70 per cent;
- (vi) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (v) relates, 90 per cent.
(5)(a) Where at a meeting—
- (i) the resolutions referred to in clauses (a) and (b) of subparagraph (4) have been resolved, and
- (ii) where, following the chair expressing the further opinion that the member has continued to be disorderly by disregarding the ruling of the chair, or by behaving irregularly, improperly or offensively, or by otherwise obstructing the business of the meeting and the chair has conveyed such further opinion to the members present by naming the member concerned, it has been resolved further by at least two-thirds of those present and voting, on a motion moved by the chair or any member (which motion, if seconded, shall have been put and determined without discussion) that for a specified period "the member stand suspended with immediate effect from all meetings of the local authority and any committee of the local authority, and all meetings of municipal district members" and the period so specified is, subject to clause (c), for at least one month but does not exceed 3 months,
then the consequences provided for by subparagraph (4) shall not apply to the member concerned in relation to that suspension except and to the extent provided for by clause (g) in respect of any other suspension.
- (b) Having regard to clause (f), the members of the local authority may, at any subsequent meeting during the period specified in the resolution under clause (a) (ii), pass a further resolution lifting the suspension, and the suspension shall be lifted with immediate effect.
- (c) If, within a period of 3 months following the ending of a suspension in accordance with clause (a) or (b), further resolutions to which clause (a) relates are proposed to be adopted in respect of that member, then the period provided for in a resolution under clause (a) (ii) shall be at least 3 months but shall not exceed 6 months.
- (d) Having regard to clause (f), a suspension under this subparagraph shall cease to have effect on the ordinary day of retirement.
- (e) Where a resolution under clause (a) suspending a member has been passed, the member concerned shall not be entitled to attend, speak at or take any part in any meetings of the local authority and any committee of the local authority, and any meetings of municipal district members, and notwithstanding the provisions of paragraphs 6 and 7, shall not be entitled to present a request to the Cathaoirleach to require a special meeting of the local authority to be convened and shall not be entitled to receive any services in respect of meetings of the local authority or any committee of the local authority, or meetings of municipal district members, including the agenda and papers circulated to members, for the period specified in the resolution while it remains in force.
- (f) No remuneration to, or allowances for expenses incurred, by the member concerned, as provided by regulations under section 142, shall be paid (irrespective of whether a local election is to be held during the period concerned) for the duration of the suspension to which clause (a) or (c) relates. Notwithstanding any lifting of a suspension in accordance with clause (b), or cessation of a suspension in accordance with clause (d), such lifting or cessation shall not have the effect of reducing the period in respect of which remuneration or allowances for expenses incurred are not to be paid as a consequence of the suspension.
- (g) The suspension of remuneration or allowances for expenses incurred by virtue of clause (f) shall, during the suspension period specified in the resolution under this paragraph, supersede any reduction in remuneration or allowances for expenses that would, but for this clause, be incurred under subparagraph (4) but shall not affect any such reduction after the suspension period so specified.
- (6) The chief executive, following consultation with the Cathaoirleach, may make such provision for the exclusion or, where necessary, the removal from any meeting of the local authority or any committee of the local authority, or meeting of municipal district members, of the member suspended in accordance with subparagraph (1) or (5) as appear necessary to the chief executive.]
14.—(1) Minutes of the proceedings of a meeting of a local authority shall be drawn up by the meetings administrator.
- (2) The minutes shall include—
- (a) the date, time and place of the meeting,
- (b) the names of the members present at the meeting,
- (c) a list of the senior employees of the local authority present at the meeting,
- (d) reference to any report submitted to the members at the meeting,
- (e) where there is a roll call vote, the number and names of members voting for and against the motion and of those abstaining,
- (f) particulars of all resolutions passed at the meeting, and
- (g) such other matters considered appropriate.
- (3) A copy of the minutes of a meeting shall be sent or given by the meetings administrator to each member of the local authority.
- (4) Minutes of a meeting shall be submitted for confirmation as an accurate record at the next following ordinary meeting, where practicable, or where not, at the next following meeting and recorded in the minutes of that meeting.
- (5) When confirmed, with or without amendment, the minutes of a meeting shall be signed by the person chairing the meeting they were submitted to for confirmation and any minutes claiming to be so signed shall be received in evidence without proof.
- (6) Until the contrary is proved, every meeting in respect of the proceedings of which minutes have been confirmed shall be deemed to have been duly convened and held and all the members at the meeting shall be deemed to be duly qualified.
- (7) A copy of the minutes of a meeting when confirmed in accordance with subparagraph (5) shall be open to inspection at the principal offices of the local authority and any person may inspect and make a copy of, or abstract from, the minutes during the usual office hours of the authority.
- (8) A copy of the minutes shall be provided to any person applying for them on payment of such reasonable sum, if any, being a sum not exceeding the reasonable cost of supplying the copy, as may be fixed by the local authority.
- (9) Each local authority shall make proper arrangements for the safe keeping of the minutes of the authority.
15.—(1) Each local authority is responsible for the maintenance of a record of attendance at its meetings.
- (2) The attendance of each member present at a meeting shall be entered by that member in a record kept for that purpose by the local authority.
- (3) Where any provision of this Act provides for the delivery or sending of a document to a member such document shall be sent to the address supplied in writing by the member.
- (4) Where any provision of this Act provides for the delivery or sending of a notice to the F326[chief executive], meetings administrator or to the principal offices of a local authority such notice shall be sent or delivered to the address of such office of the local authority as shall be fixed for that purpose by the F326[chief executive] and such address shall be included in the standing orders of the local authority.
16.—(1) (a) A local authority shall, subject to this Act and by resolution for which at least one-half of the total number of members of the authority vote in favour, make standing orders for the regulation of its meetings and proceedings.
- (b) A local authority may include in standing orders all such incidental, consequential or supplementary provisions as may appear to the local authority to be appropriate for that purpose.
- (c) A local authority shall in making standing orders comply with section 19(3)(c).
- (2) A local authority may, by resolution for which at least one-half of the total number of members of the authority vote in favour, amend or revoke standing orders and make new standing orders.
(3)(a) A copy of standing orders shall be sent or delivered by the meetings administrator to each member on his or her coming into office, or as soon as practicable thereafter, and as soon as may be practicable after new standing orders have been made.
- (b) A copy of any amendment to standing orders shall likewise be supplied to each member.
- (4) Without prejudice to the generality of subparagraph (1), a local authority shall include in standing orders provisions for the following:
- (a) a schedule of ordinary meetings;
- (b) commencement, adjournment and termination of meetings;
- (c) the chairing of an annual meeting in an election year where the Cathaoirleach falls to be elected in accordance with section 36;
- (d) the revocation of resolutions subject to a requirement that such number of members as is specified in standing orders, which shall be at least one-half of the total number of members of the authority, vote in favour and subject to such other requirements as may be so specified;
- (e) dealing with urgent business related to a function of the local authority, subject to a requirement that such number of members as is specified in standing orders, which shall be at least one-half of the total number of members of the authority, vote in favour and subject to such other requirements as may be so specified;
- (f) the procedures to be followed for the doing of acts and the determination of questions, including the procedures and methods of voting and when a roll call vote is to be taken;
- (g) the suspension of any provision of standing orders other than those to which clauses (d), (e) and (f) relate and subject to a requirement that at least two-thirds of the members present vote in favour and to such other requirements as may be specified in standing orders;
- (h) the address for the purposes of paragraph 15(4).
- (5) The Minister may issue general directions to local authorities in relation to standing orders and the provisions to be included in them.
(6)(a) Subject to this Act and to any other relevant enactment, standing orders of a local authority may include provisions to regulate the proceedings and business of committees established by the authority, as it may consider appropriate.
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