Legalize / Ireland / Act

Local Government Reform Act 2014

Type Act

Publication 2014-01-27

Last updated 2024-05-16

State In force

Source Irish Statute Book

articles 80

Reform history JSON API

PART 1 Preliminary and General

1. Short title, collective citations, constructions and commencement

1. (1) This Act may be cited as the Local Government Reform Act 2014.

(2) This Act (other than subsections (3) to (8) of this section, subsections (3) to (5) of section 5 and Schedule 2) shall be read together as one with the Local Government Acts 1925 to 2013 and may be cited together as the Local Government Acts 1925 to 2014.

(3) This subsection, section 5, the Valuation Acts 2001 and 2006 and so much of Part 6 of Schedule 2 as relates to the Valuation Act 2001 may be cited together as the Valuation Acts 2001 to 2014.

(4) This subsection, section 5(3), Part 1 of Schedule 2, paragraphs 1 and 14 (in so far as they relate to the Housing Act 1966) of Schedule 4 and paragraph 16 of Schedule 4 shall be read together as one with the Housing Acts 1966 to 2013 and may be cited together as the Housing Acts 1966 to 2014.

(5) This subsection, section 5(4) and Part 2 of Schedule 2, in so far as it relates to the Local Elections (Petitions and Disqualifications) Act 1974 and the Local Elections (Disclosure of Donations and Expenditure) Act 1999, shall be read together as one with the Local Elections Acts 1974 to 2012 and may be cited together as the Local Elections Acts 1974 to 2014.

(6) This subsection, section 5(4), Part 2of Schedule 2and paragraphs 17and 18of Schedule 4, in so far as it relates to the Electoral Act 1992, shall be read together as one with the Electoral Acts 1992 to 2013 and may be cited together as the Electoral Acts 1992 to 2014.

(7) This subsection, section 5(5) and Part 3 of Schedule 2 (in so far as it relates to the Building Control Act 1990) shall be read together as one with the Building Control Acts 1990 and 2007 and may be cited together as the Building Control Acts 1990 to 2014.

(8) This subsection, section 5(7) and Part 4 of Schedule 2 shall be read together as one with the Planning and Development Acts 2000 to 2013 and may be cited together as the Planning and Development Acts 2000 to 2014.

(9) This subsection, the amendments to the Air-Raid Precautions Act 1939 and the Civil Defence Act 2012 provided for in section 5(6) and Part 6 of Schedule 2 and the Civil Defence Acts 1939 to 2012 may be cited together as the Civil Defence Acts 1939 to 2014.

(10) This subsection, the amendments to the Control of Dogs Act 1986 and the Dog Breeding Establishments Act 2010 provided for in section 5(6) and Part 6 of Schedule 2, the amendment to Control of Dogs Act 1986 provided for by section 77 of the Animal Health and Welfare Act 2013 and the Control of Dogs Acts 1986 to 2010 may be cited together as the Control of Dogs Acts 1986 to 2014.

(11) This subsection, the amendment to the Criminal Justice (Public Order) Act 1994 provided for in section 5(6) and Part 6 of Schedule 2 and the Criminal Justice (Public Order) Acts 1994 to 2011 may be cited together as the Criminal Justice (Public Order) Acts 1994 to 2014.

(12) This subsection, the amendments to the Education and Training Boards Act 2013 provided for in section 5(6) and Part 6 of Schedule 2 and that Act may be cited together as the Education and Training Boards Acts 2013 and 2014.

(13) This subsection, the amendment to the Foreshore (Amendment) Act 1992provided for in section 5(6) and Part 6 of Schedule 2 and the Foreshore Acts 1933 to 2011 may be cited together as the Foreshore Acts 1933 to 2014.

(14) This subsection, the amendment to the Health (Fluoridation of Water Supplies) Act 1960 provided for in section 5(6) and Part 6 of Schedule 2 and the Health Acts 1947 to 2013 may be cited together as the Health Acts 1947 to 201 4.

(15) This subsection, the amendment to the Merchant Shipping (Salvage and Wreck) Act 1993 provided for in section 5(6) and Part 6 of Schedule 2 and the Merchant Shipping Acts 1894 to 2010 may be cited together as the Merchant Shipping Acts 1894 to 2014.

(16) This subsection, the amendment to the National Monuments Act 1930 provided for in section 5(6) and Part 6 of Schedule 2 and the National Monuments Acts 1930 to 2004may be cited together as the National Monuments Acts 1930 to 2014.

(17) This subsection, the amendments to the Protection of Employees (Part-Time Work) Act 2001 and the Protection of Employment Act 1977 provided for in section 5(6) and Part 6 of Schedule 2, and the Protection of Employment Acts 1977 to 2007 shall be construed together as one and may be cited together as the Protection of Employment Acts 1977 to 2014.

(18) This subsection, the amendments to the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 and the Unfair Dismissals Act 1977 provided for in section 5(6) and Part 6 of Schedule 2, and the Unfair Dismissals Acts 1977 to 2007 shall be construed together as one and may be cited together as the Terms of Employment (Information) Acts 1994 to 2014.

(19) This subsection, the amendment to the Redundancy Payments Act 1967 provided for in section 5(6) and Part 6 of Schedule 2, and the Redundancy Payments Acts 1967 to 2012 shall be construed together as one and may be cited together as the Redundancy Payments Acts 1967 to 2014.

(20) This subsection, the amendments to the Sea Pollution (Amendment) Act 1999and the Sea Pollution (Miscellaneous Provisions) Act 2006 provided for in section 5(6) and Part 6 of Schedule 2, and the Sea Pollution Acts 1991 to 2006 shall be construed together as one and may be cited together as the Sea Pollution Acts 1991 to 2014.

(21) This subsection, the amendment to the Terms of Employment (Information) Act 1994 provided for in section 5(6) and Part 6 of Schedule 2, and the Terms of Employment (Information) Acts 1994 to 2012 shall be construed together as one and may be cited together as the Terms of Employment (Information) Acts 1994 to 2014.

(22) This Act, other than section 28, section 54 (in so far as it relates to the insertion of section 149A into the Principal Act) and Parts 11, 13 and 14 comes into operation on such day or days as the Minister may, by order or orders appoint either generally or with reference to any particular purpose or provision, and different days may be so appointed different purposes and different provisions and for the deletion, repeal, revocation and amendment effected by Schedules 1 and 2 of different enactments or of different provisions of those enactments.

(23) The amendment to section 48 (which provides for the substitution of Part 18 of the Principal Act) of the Environment (Miscellaneous Provisions) Act 2011 referred to in Part 6 of Schedule 2 comes into operation—

(a) upon the commencement of section 189 (as inserted by section 48 of the Environment (Miscellaneous Provisions) Act 2011) of the Principal Act, or

(b) the transfer date,

whichever last occurs.

2. Regulations to remove difficulties

2. (1) Every enactment (including any provision contained in an Act published in a series of local and personal Acts or of private Acts) and every order, regulation, rule, bye law or other instrument or agreement in force immediately before the commencement of a provision of this Act shall, on and after the day of such commencement be read and have effect with such modifications as may be necessary to give effect to this Act or an order or regulations made under it and to have effect in conformity with it.

(2) If, in any respect, any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may, by regulations, do anything which appears to him or her to be necessary or expedient for 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 so far as may be necessary or expedient for carrying such provision into effect for the purposes aforesaid, but no regulations shall be made under this section in relation to any provision of this Act after the expiration of 3 years commencing on the day on which the provision comes into operation.

(3) Where regulations are proposed to be made under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving the draft has been passed by each such House.

3. Interpretation

3. In this Act—

“2014 establishment day” means the day appointed by order under section 8 to be the establishment day for the purposes of this Act;

“chief executive” means a chief executive for the purposes of section 144 (asamended by section 54) of the Principal Act;

“dissolved authority” means—

(a) in relation to a city council or county council, a council dissolved by virtue of section 17, and

(b) in relation to a town council, a dissolved body;

“dissolved body” has the meaning given to it by section 23;

“local authority” has the meaning given to it by section 2(1) (as amended by section 5(1) and Part 1 of Schedule 1) of the Principal Act;

“local government area” shall be read in accordance with section 10 of, and Schedule 5 to, the Principal Act as amended by section 12;

“Minister” means the Minister for the Environment, Community and Local Government;

“municipal district” has the meaning given to it by section 22A (inserted by section 19) of the Principal Act;

“municipal district members” shall be read in accordance with section 22B (inserted by section 19) of the Principal Act;

“prescribed” means prescribed by regulations made under this Act or the Principal Act;

“Principal Act” means the Local Government Act 2001;

“successor authority” in relation to—

(a) a city council or county council, shall be read in accordance with sections 13(1) and 17, and

(b) a town council, shall be read in accordance with section 24(2)(a);

“town council” means a dissolved body which was, before the transfer date, a town council for the purposes of the Principal Act;

“transfer date” has the meaning given in section 23.

4. Regulations, orders and directions

4. (1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or to be the subject of regulations or for the purpose of enabling any provisions to have full effect.

(2) Without prejudice to any specific provision of this Act, a regulation or order under this Act may provide for such incidental, consequential, supplementary or transitional provisions (including provisions for the purpose of securing the continuity of any provision of this Act with any provision of any other Act or instrument repealed, revoked, amended or otherwise affected by this Act or by any regulations or order made under it) as may appear to the Minister to be appropriate for the purposes of this Act or of any regulations or order made under it.

(3) A regulation or order under this Act may—

(a) apply to local authorities generally, to any category of local authorities specified in the regulations or the order or to a particular local authority so specified,

(b) contain different provisions in relation to different local authorities or to different parts of the administrative area of a local authority, and

(c) provide for the giving of directions by the Minister (including directions amending or revoking any such directions).

(4) Subject to subsection (5), every order or regulation made under this Act, shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling such order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the regulation or order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

(5) Subsection (4) does not apply to—

(a) an order made under section 1(22), or

(b) regulations which are required by this Act to be approved in draft by resolution of both Houses of the Oireachtas.

(6) A person to whom a direction is given under this Act shall comply with that direction.

5. Repeals, revocations and amendments

5. (1) The provisions of the Principal Act referred to in column (2) of Part 1 of Schedule 1 are amended in the manner referred to in column (3) of that Part opposite the reference in column (2) to the provision concerned.

(2) The provisions, referred to in column (3) of Part 2 of Schedule 1, of the Local Government Acts 1925 to 2013 referred to in column (2) of that Part are amended or repealed in the manner referred to in column (4) of that Part opposite the reference in column (3) to the provision concerned.

(3) The provisions, referred to in column (3) of Part 1 of Schedule 2, of the Housing Acts 1966 to 2013 referred to in column (2) of that Part are amended in the manner referred to in column (4) of that Part opposite the reference in column (3) to the provision concerned.

(4) The provisions, referred to in column (3) of Part 2 of Schedule 2, of the various enactments relating to elections referred to in column (2) of that Part are amended in the manner referred to in column (4) of that Part opposite the reference in column (3)to the provision concerned.

(5) The provisions, referred to in column (3) of Part 3 of Schedule 2, of the Local Government (Multi-Storey Buildings) Act 1988 and the Building Control Act 1990 referred to in column (2) of that Part are amended in the manner referred to in column (4) of that Part opposite the reference in column (3) to the provision concerned.

(6) The provisions referred to in column (3) of Part 5 of Schedule 2, of the various Acts relating to taxation referred to in column (2) of that Part are amended in the manner referred to in column (4) of that Part opposite the reference in column (3) to the provision concerned.

(7) The provisions of the Planning and Development Act 2000 referred to in column (2) of Part 4 of Schedule 2 are amended in the manner referred to in column (3) of that Part opposite the reference in column (2) to the provision concerned.

(8) The provisions, referred to in column (3) of Part 6 of Schedule 2, of the various Acts referred to in column (2) of that Part are amended in the manner referred to in column (4) of that Part opposite the reference in column (3) to the provision concerned.

6. Savers

6. The repeal or revocation by or under this Act of a provision of any enactment which is applied by a provision of any other enactment not so repealed or revoked, shall not affect such application and accordingly the first-mentioned provision continues to apply and have effect for the purposes of such application.

7. Expenses

7. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

PART 2 Local Government Areas and Local Authorities

8. 2014 establishment day

8. The Minister shall by order appoint a day to be the establishment day (in this Act referred to as the “2014 establishment day”) for the purposes of this Act.

9. Cesser and amalgamation of certain local government areas

9. (1) On and from the 2014 establishment day and for the purposes of local government—

(a) the local government area of the county of Limerick and the local government area of the city of Limerick as existing immediately before the 2014 establishment day—

(i) shall cease to exist on that day, and

(ii) the areas so ceasing shall, on that day, be amalgamated to form a single local government area to be known in the Irish language as Cathair agus Contae Luimnigh and in the English language as Limerick City and County,

(b) the local government area of the county of North Tipperary and the local government area of the county of South Tipperary as existing immediately before the 2014 establishment day—

(i) shall cease to exist on that day, and

(ii) the areas so ceasing shall, on that day, be amalgamated to form a single local government area to be known in the Irish language as Contae Thiobraid Árann and in the English language as Tipperary County,

and

(c) the local government area of the county of Waterford and the local government area of the city of Waterford as existing immediately before the 2014 establishment day—

(i) shall cease to exist on that day, and

(ii) the areas so ceasing shall, on that day, be amalgamated to form a single local government area to be known in the Irish language as Cathair agus Contae Phort Láirge and in the English language as Waterford City and County.

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

(3) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to the administrative area of a county council or the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council or the administrative area of a city and county council, and

(b) to the administrative area of a county council and the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council and the administrative area of a city and county council.

10. Boundaries of amalgamated local government areas

10. (1) The boundary of the local government area of Limerick City and County established under section 9(1)(a) shall be the combined boundaries of the county of Limerick and the city of Limerick as existing immediately before the 2014 establishment day, other than the boundary between the county of Limerick and the city of Limerick.

(2) The boundary of the local government area of Tipperary County established under section 9(1)(b) shall be the combined boundaries of the county of North Tipperary and the county of South Tipperary as existing immediately before the 2014 establishment day, other than the boundary between the counties of North Tipperary and South Tipperary.

(3) The boundary of the local government area of Waterford City and County established under section 9(1)(c) shall be the combined boundaries of the county of Waterford and the city of Waterford as existing immediately before the 2014 establishment day, other than the boundary between the county of Waterford and the city of Waterford.

11. Preparation of maps showing county boundaries

11. (1) In this section—

“Commissioner” means the Commissioner of Valuation under the Valuation Act 2001;

“successor local authority” means a successor authority to which paragraph (a) of the definition of “successor authority” in section 3 relates.

(2) As soon as may be after the enactment of this Act the Commissioner shall prepare for each of the proposed local government areas formed by the amalgamations referred to in section 9 a map, in triplicate, drawn to such convenient scale and in such convenient number of separate sheets as the Commissioner thinks fit, showing the boundaries of each such area. When such maps have been prepared, the Commissioner shall seal each such map and shall, as soon as may be thereafter, deposit them as follows:

(a) one of them in the principal office of the Commissioner,

(b) one of them in the offices of the Minister, and

(c) in respect of the local government area of each successor local authority, the map of that area in the principal office of the relevant successor local authority when established.

(3) Every map deposited pursuant to subsection (2) shall be retained in the office in which it is so deposited, and each such map, or true copies thereof, shall be open for inspection free of charge at the office (other than the office of the Minister) in which it is so deposited by any person at any time at which such office is open for the transaction of public business. It shall be lawful for the Commissioner or the successor local authority concerned to prepare and supply to any person requesting the same a true copy of any map so deposited or any particular part thereof and to charge for such copy such sum as the Commissioner, with the consent of the Minister for Public Expenditure and Reform, or that authority may fix.

(4) Whenever required so to do by any Court of Justice, it shall be the duty of the Commissioner and of each successor local authority—

(a) to prepare and produce to that Court a true copy of a map deposited with the Commissioner or the successor local authority pursuant to subsection (1) or any specified part thereof, and

(b) to verify the copy to that Court by the oath of an officer of the Commissioner or the successor local authority,

and the Court shall receive the copy in evidence and thereupon the copy shall, unless the contrary is shown, be sufficient evidence of the boundary (in so far as the same is shown on the copy) of the county or the city and county to which the copy purports to relate, notwithstanding any discrepancy between the copy and any other description of the boundary or any ambiguity or uncertainty in such description or in the application thereof.

(5) A copy of every map deposited with a successor local authority pursuant to subsection (2) shall be displayed by it on its internet website as soon as practicable after being so deposited.

12. Local government areas

12. (1) The Principal Act is amended by substituting the following for section 10:

“10 (1) The State has local government areas in accordance with this section.

(2) The State stands divided into local government areas to be known as—

(a) counties,

(b) cities, and

(each of which shall be known as a county, a city or a city and county as provided for and set out in columns 1 of Parts 1, 2 and 3, respectively, of Schedule 5.

(3) (a) Subject to section 10 of the Local Government Reform Act 2014, the boundaries of a county referred to in subsection (2) are the boundaries of the corresponding county as existing immediately before 1 January 2002.

(b) Subject to section 10 of the Local Government Reform Act 2014, the boundaries of a city referred to in subsection (2) are the boundaries of the corresponding county borough as existing immediately before 1 January 2002.

(4) For the purposes of this section and subject to section 11(2) of the Local Government Reform Act 2014, all maps showing such boundaries prepared by the Chief Boundary Surveyor under the Survey (Ireland) Acts 1825 to 1870, or by the Commissioner of Valuation or otherwise in accordance with law continue to have all such force and effect as they had immediately before 1 January 2002.

(5) This section is without prejudice to—

(a) section 227,

(b) Part V of the Local Government Act 1991, and

(6) This section is without prejudice to—

(a) the continued use of the description city in relation to Kilkenny, to the extent that that description was used before 1 January 2002 and is not otherwise inconsistent with this Act,

(b) the continued use of the description city in relation to Limerick and to Waterford, to the extent that each of those descriptions was used before the 2014 establishment day and is not otherwise inconsistent with this Act.”.

(2) The Principal Act is amended by substituting the following for Schedule 5—

“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

Chapter 2

Names of Counties and of Local Authorities in the English Language

PART 2

Cities

Chapter 1

Names of Cities and of Local Authorities in the Irish Language

Chapter 2

Names of Cities and of Local Authorities in the English Language

PART 3

Cities and Counties

Chapter 1

Names of Cities and Counties in the Irish Language and Names of Local Authorities

Chapter 2

Names of Cities and Counties in the English Language and Names of Local Authorities

”.

13. Establishment of local authorities for certain local government areas

13. (1) On and from the 2014 establishment day and for the purposes of local government—

(a) a local authority, to be known as Limerick City and County Council, shall stand established which shall—

(i) be the successor authority to the dissolved local authorities of Limerick County Council and Limerick City Council, and

(ii) be the local authority for the local government area of Limerick City and County,

(b) a local authority, to be known as Waterford City and County Council, shall stand established which shall—

(i) be the successor authority to the dissolved local authorities of Waterford County Council and Waterford City Council, and

(ii) be the local authority for the local government area of Waterford City and County,

and

(i) be the successor authority to the dissolved local authorities of North Tipperary County Council and South Tipperary County Council, and

(ii) be the local authority for the local government area of Tipperary County.

(2) Each local authority established by paragraph (a), (b) or (c) of subsection (1) shall have, in so far as is consistent with this Act or any regulations made under it, the functions which are for the time being vested by law in the councils of counties and of cities generally and, in respect of each dissolved authority to which section 17 relates, such other functions as were immediately prior to the 2014 establishment day vested by law in the dissolved authority that the local authority concerned is the successor authority. Without prejudice to the generality of the foregoing—

(a) the law which for the time being applies generally in respect of the councils of counties and of cities, and

(b) the law which immediately prior to the 2014 establishment day applied in particular in respect of the dissolved authorities that relate to a local authority so established,

shall, in so far as is consistent with this Act or any regulations made under it, apply to the local authority.

(3) For the purposes of subsection (2), where town councils within an area to which paragraph (b) or (c) of subsection (1) relates are dissolved on a date that does not have effect until after the day appointed as the 2014 establishment day, then subsection (2) shall have effect as if the day so appointed occurred after the date on which the town councils were dissolved.

(4) Without prejudice to section 27(2), each local authority established by subsection (1) shall, as soon as may be after such establishment, provide itself with a seal.

14. Amendment of section 11 (establishment, titles and administrative areas of local authorities and consequential provisions) of Principal Act

14. Section 11 of the Principal Act is amended—

(a) by substituting the following for subsections (1) to (3):

“(1) On and from the 2014 establishment day and for the purposes of local government, the areas referred to in subsection (2) of section 10 (as amended by section 12(1) of the Local Government Reform Act 2014) shall each have a local authority as provided for in this section.

(2) With effect from the 2014 establishment day—

(a) for each county set out in Part 1 of Schedule 5 (as amended by section 12(2) of the Local Government Reform Act 2014)—

(i) in the case of Tipperary, there stands established, under this section, and

(ii) in every other case there continues to stand established under this section,

a body for the purposes of local government,

(b) for each city set out in Part 2 of Schedule 5 (as so amended) there continues to stand established under this section a body for the purposes of local government, and

(c) for each city and county set out in Part 3 of Schedule 5 (as so amended) there stands established under section 13(1) of the Local Government Reform Act 2014 a body for the purposes of local government,

and each such body is a local authority and each such county, city, or city and county, as the case may be, is its administrative area.

(3) The local authorities referred to in subsection (2) are the primary units of local government and shall be known by—

(a) in the case of a county set out in Part 1 of Schedule 5—

(i) in the Irish language, the name of the local authority concerned as set out in column 2 of Chapter 1 of that Part opposite the mention in column 1 of that county,

(ii) in the English language, the name of the local authority concerned as set out in column 2 of Chapter 2 of that Part opposite the mention in column 1 of that county,

(b) in the case of a city set out in Part 2 of Schedule 5—

(i) in the Irish language, the name of the local authority concerned as set out in column 2 of Chapter 1 of that Part opposite the mention in column 1 of that city,

(ii) in the English language, the name of the local authority concerned as set out in column 2 of Chapter 2 of that Part opposite the mention in column 1 of that city,

and

(i) in the Irish language, the name of the local authority concerned as set out in column 2 of Chapter 1 of that Part opposite the mention in column 1 of that city and county,

(ii) in the English language, the name of the local authority concerned as set out in column 2 of Chapter 2 of that Part opposite the mention in column 1 of that city and county.”,

(b) by deleting subsection (4),

“(a) In respect of a local authority to which subsection (3) relates, each member (being directly elected or co-opted in accordance with this Act) shall be known as a councillor and, without prejudice to sections 22B and 22C, collectively shall comprise the elected council of the local authority.”,

(d) by substituting the following for subsection (6):

“(6) For the purposes of functions conferred on it by or under this or any other enactment—

(a) a county council has jurisdiction throughout its administrative area,

(b) a city council has jurisdiction throughout its administrative area,

(e) in subsection (7) by substituting “subsection (3) ” for “subsection (3) or (4) ”,

(f) in subsection (11) by substituting “a county council or county borough corporation in being immediately before the establishment day” for “a county council, county borough corporation, borough corporation (other than a county borough corporation), urban district council or the commissioners of a town in being immediately before the establishment day”,

(g) by inserting the following after subsection (11):

“(11A) In respect of a dissolved authority, within the meaning of the Local Government Reform Act 2014, and with effect from the commencement of the provision under that Act for such dissolution of the authority, subsection (11) ceases to have effect in respect of that authority.”,

(h) by inserting the following after subsection (16):

“(16A) Notwithstanding the dissolution of certain local authorities by Part 2 of the Local Government Reform Act 2014 with effect from the 2014 establishment day or the dissolution of town councils by Chapter 2 of Part 3 of that Act with effect from the transfer date, subsection (16)continues to apply to any city or town concerned.”,

and

(i) in subsection (17) by substituting “or Part 21” for “, Part 17 or 21”.

15. Number of members of local authorities

15. The Principal Act is amended—

(a) by substituting the following for section 21:

“21 (1) Subject to section 22, each county council, city council and city and county council consists of the number of members specified in Parts 1, 2 and 3, respectively, of Schedule 7 opposite the reference to the county council, city council or city and county council concerned.

(2) Without prejudice to paragraph 11 of Schedule 10, where a provision of this Act provides that at least a specified proportion of the total number of members of a local authority or of the municipal district members is necessary in relation to the doing of any particular act, then in a case where such proportion consists of a whole number and a remainder, the whole number shall of itself be sufficient.”,

and

(b) by substituting the following for Schedule 7:

“SCHEDULE 7

Section 21

Number of Members of Local Authorities

PART 1

County Council Number of Members

PART 2

PART 3

”.

16. Provisions relating to management of amalgamated local government areas

16. (1) On the 2014 establishment day there shall stand established an office of chief executive in respect of each of the local government areas established by section 9.

(2) Any person who, immediately before the 2014 establishment day, held in a permanent capacity the office of manager for Limerick County and Limerick City shall, if willing, stand appointed to the office of chief executive for Limerick City and County and shall accordingly—

(a) be a chief executive for the purposes of the Local Government Acts 1925 to 2014 to which Chapter 2 of Part 14 of the Principal Act relates, and

(b) pursuant to section 144(1) (as amended by this Act) of the Principal Act be known as the Chief Executive of Limerick City and County Council.

(3) Any person who, immediately before the 2014 establishment day, held in a permanent capacity the office of manager for North Tipperary County and South Tipperary County shall, if willing, stand appointed to the office of chief executive for Tipperary County and shall accordingly—

(a) be a chief executive for the purposes of the Local Government Acts 1925 to 2014 to which Chapter 2 of Part 14 of the Principal Act relates, and

(b) pursuant to section 144(1) (as amended by this Act) of the Principal Act be known as the Chief Executive of Tipperary County Council.

(4) Any person who, immediately before the 2014 establishment day, held in a permanent capacity the office of manager for Waterford County and Waterford City shall, if willing, stand appointed to the office of chief executive for Waterford City and County and shall accordingly—

(a) be a chief executive for the purposes of the Local Government Acts 1925 to 2014 to which Chapter 2 of Part 14 of the Principal Act relates, and

(b) pursuant to section 144(1) (as amended by this Act) of the Principal Act be known as the Chief Executive of Waterford City and County Council.

(5) On the 2014 establishment day each of the following shall be abolished and cease to exist:

(a) the office of manager for Limerick County and Limerick City and the office of manager for North Tipperary County and South Tipperary County created by paragraphs (a) and (b), respectively, of section 144(1A) (inserted by the Local Government (Miscellaneous Provisions) Act 2012) of the Principal Act, and

(b) the office of manager for Waterford County and Waterford City created by section 144(1A)(c) (inserted by the Electoral, Local Government and Planning and Development Act 2013) of the Principal Act.

17. Dissolution of certain local authorities

17. On the 2014 establishment day—

(a) Limerick County Council,

(b) Limerick City Council,

(d) South Tipperary County Council,

(e) Waterford County Council, and

(f) Waterford City Council,

shall each be dissolved (in this Act referred to as a “dissolved authority”) and cease to exist and thereupon, subject to the provisions of this Part and Part 4, Limerick City and County Council, Tipperary County Council and Waterford City and County Council shall, for all purposes, become and be the successor (in this Act referred to as a “successor authority”) of such dissolved authority as set out in the Table to this section and the provisions of Part 4 shall apply to such dissolved authorities and to the successor to each such authority.

Table

18. Provisions consequential on dissolutions, etc.

18. All acts duly done and decisions duly made before the 2014 establishment day by or on behalf of—

(a) a local authority that was dissolved under section 17, or

(b) a manager for a local government area that ceased to exist by virtue of section 9(1),

shall, subject to this Act, continue to have all such force and effect as they had immediately before that day.

PART 3 Municipal Districts and Dissolution of Town Councils

Chapter 1

19. Municipal districts

19. The Principal Act is amended by inserting the following Part after Part 3:

“PART 3A

Municipal Districts

Municipal districts

22A. (1) Subject to subsection (4), every county and city and county set out in Part 1 and Part 3, respectively, of Schedule 5 shall have 2 or more districts (each consisting of one or more than one local electoral area) to be known as a municipal district and collectively as municipal districts, as the Minister shall determine by order made under section 23(1)(c).

(2) Where—

(a) a municipal district contains the administrative area of the former Limerick City Council or the former Waterford City Council that were dissolved with effect from the 2014 establishment day, then, notwithstanding subsection (1), each of those municipal districts so containing shall be known—

(i) in the Irish language, as ‘Ceantar Cathrach.................’ followed by the name of the municipal district in Irish, and

(ii) in the English language, as ‘the Metropolitan District of.................’ followed by the name of the municipal district in English,

and those municipal districts may each be referred to as a ‘metropolitan district’,

(b) a municipal district contains the administrative area of the former borough of Clonmel, the former borough of Drogheda, the former borough of Sligo or the former borough of Wexford that were dissolved with effect from the transfer date, then, notwithstanding subsection (1), each of those municipal districts so containing shall be known—

(i) in the Irish language, as ‘Ceantar Buirge.................’ followed by the name of the municipal district in Irish, and

(ii) in the English language, as ‘the Borough District of.................’ followed by the name of the municipal district in English,

and any such municipal district may be referred to as a ‘borough district’, and

(c) a municipal district contains the administrative area of the former borough of Kilkenny, that was dissolved with effect from the transfer date, then, notwithstanding subsection (1), the municipal district so containing shall be known—

(i) in the Irish language, as ‘Ceantar Bardasach Chathair Chill Chainnigh’, and

(ii) in the English language, as ‘the Municipal District of Kilkenny City’.

(3) In the case of a municipal district in respect of which a designation referred to in subsection (2) does not apply, the municipal district shall be known—

(a) in the Irish language, as ‘Ceantar Bardasach.................’ followed by the name of the municipal district in Irish, and

(b) in the English language, as ‘the Municipal District of.................’ followed by the name of the municipal district in English.

(4) Subsection (1) does not apply in the case of the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin.

(5) This section has effect in respect of the local elections for the year 2014 and subsequent local elections and, accordingly—

(a) a municipal district shall continue in existence until it ceases by order under section 23(1) (c), and

(b) its area shall continue to be that as determined by the order under section 23(1) (c), subject to any subsequent provision relating to its area being made by such an order.

Members for municipal districts

22B. The members of a county council or city and county council, elected in accordance with this Act for the local electoral areas situated in a municipal district of the county or the city and county concerned (as the case may be), collectively comprise the council membership for that municipal district for the purpose of the performance in that collective capacity of functions of the county council or city and county council in accordance with section 131A and, in respect of each municipal district, collectively shall be known as the municipal district members.

Cathaoirleach of municipal district

22C. In the case of each municipal district, the municipal district members shall elect a Cathaoirleach and Leas-Chathaoirleach in accordance with Part 5.”.

20. Local electoral areas and municipal districts

20. (1) Section 23 of the Principal Act is amended—

(a) by substituting the following for subsection (1):

“(1) Subject to and without prejudice to Part V of the Local Government Act 1991 (as amended by the Local Government Act 1994), the Minister may by order—

(a) divide each county, city or city and county referred to in section 10(2) into local electoral areas,

(b) fix the number of members to be elected for each local electoral area, and

(c) determine the municipal districts within a county or a city and county for the purposes of section 22A, each of which shall consist of one or more than one local electoral area.

(1A) Subsection (1) (c) does not apply in respect of the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin.”,

(b) by substituting the following for subsection (3):

“(3) Where, on the commencement of this provision, an order is in force dividing a local government area referred to in section 10(2) into local electoral areas or fixing the number of members for each local electoral area, the order shall continue in force in relation to that area and be deemed to be an order under this section and may be amended or revoked accordingly.”,

(c) in subsection (4) by substituting “any local electoral area in a local government area referred to in section 10(2)” for “any local electoral area in a county, city or town”, and

(d) by deleting subsections (6) to (8).

(2) Part 1 (which relates to Acts repealed) of Schedule 3 to the Principal Act is amended in column 3, opposite the reference in column 2 to the “Local Government Act, 1991”, by inserting “(other than Part V)” after “Parts II to VI”.

(3) Section 32(2) of the Local Government Act 1991 (as amended by the Local Government Act 1994), is amended by substituting “section 23 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001” for “section 24 of the Local Government Act, 1994”.

21. Functions of municipal district members — amendments to Principal Act

21. (1) Section 63 of the Principal Act is amended by substituting the following for subsection (4):

“(4) Subject to law, the functions of a local authority shall be performed for or on behalf of the local authority and in its name by the elected council (including the municipal district members in respect of each municipal district pursuant to section 131A) or the chief executive, as may be appropriate, in accordance with Part 14.”.

(2) Section 131 of the Principal Act is amended—

(a) in subsection (1)(a) by substituting “Subject to section 131A, the elected council of a local authority or the members of a joint body shall” for “The elected council of a local authority or the members of a joint body shall”,

(b) in subsection (2) by substituting the following for paragraph (a):

“(a) designated as a reserved function by any provision of the Local Government Acts 1925 to 2014 (including a designation by order under subsection (3)), a provision of any other Act that is to be construed together with those Acts, or as specified in Schedule 14 or, subject to section 131B(1), Schedule 14A,”,

and

“(c) An order under paragraph (a) may provide that a specified function designated by such order to be a reserved function may be performed, or shall be performed, as provided in the order, in respect of each municipal district in the county or the city and county, as the case may be, by the municipal district members concerned, subject to the provisions of subsections (4) to (6) of section 131A.”.

(3) The Principal Act is amended by inserting the following section after section 131:

“Performance of reserved functions in respect of municipal district members

131A. (1) Subject to subsection (4), in respect of the elected council of a local authority that is the council of a county (other than the council of a county to which section 22A(4) relates) or of a city and county, a reserved function which is specified in—

(a) paragraphs 1 and 3 (other than in respect of a joint body) of Schedule 14 and Part 1 of Schedule 14A shall be performed in respect of each municipal district within the administrative area of the local authority by the municipal district members concerned, and

(b) paragraphs 5, 6 or 7 of Schedule 14 and Part 2 of Schedule 14A, may be performed in respect of a municipal district within the administrative area of the local authority by—

(i) the municipal district members, or

(ii) the local authority.

(2)(a) In addition to the functions referred to in subsection (1), a local authority that is the council of a county or a city and county may, subject to paragraph (e), by resolution delegate with or without restrictions to the municipal district members for any municipal district in the area of the local authority any of its functions that may be performed by resolution and a function so delegated shall, accordingly, be performed in respect of each such municipal district in the administrative area of the local authority (or any part of such district) by the municipal district members concerned.

(b) A local authority may, following consultation with the municipal district members concerned, by resolution, revoke the delegation by it under this subsection of a function, but the revocation is without prejudice to anything previously done by virtue of the delegated function.

(i) by a committee established under section 51, and

(ii) by municipal district members under this subsection.

(d) A resolution of a local authority delegating or revoking the delegation of a function to municipal district members shall not be treated as having been passed unless at least a half of the total number of members of the local authority concerned vote in favour of the resolution.

(e) A local authority shall not delegate any of its functions to which subparagraphs (i) to (iv) of section 51(2) (a) relates to the municipal district members.

(3) The functions, by virtue of subsection (2) (a), of municipal district members shall not be delegated by the municipal district members.

(4) Municipal district members may by resolution decide, subject to the approval by resolution of the local authority and the approval of the Minister, that a particular function to which subsection (1) relates should be performed only by the local authority.

(5)(a) The Minister may make regulations specifying conditions, restrictions, procedures or other provisions to apply—

(i) generally in relation to the performance of functions to which subsections (1) and (2) relate,

(ii) specifically in relation to performance of one or more than one function to which any of those sections relate,

(iii) in relation to the delegation of functions or the revocation of a delegation of functions under subsection (2), or

(iv) in relation to a decision under subsection (4).

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

(i) requirements for the purpose of ensuring that municipal district members performing functions do so in a manner consistent with the policies, strategies, programmes or plans of the local authority concerned;

(ii) requirements for the purpose of ensuring the avoidance of unnecessary duplication in the performance of functions between the municipal district members for each of the municipal districts in a local authority area or between the municipal district members and the local authority for that area;

(iii) that specified functions may not be delegated under subsection (2), or may only be delegated with the approval of the Minister;

(iv) that, in circumstances provided for in the regulations, a local authority may perform a specified delegated function in place of the municipal district members in a particular case or occasion;

(v) arrangements for the resolution of any difference or disagreement between a local authority and the municipal district members in relation to the performance of a function which is specified in paragraphs 5, 6 or 7 of Schedule 14 or Part 2 of Schedule 14A;

(vi) that a particular function set out in paragraphs 5, 6 or 7 of Schedule 14 or Part 1 or 2 of Schedule 14A shall only be performable in every instance by the local authority concerned;

(vii) provisions to determine whether a function specified in paragraph 5, 6 or 7 of Schedule 14 and Part 2 of Schedule 14A should, in particular circumstances be performed by municipal district members or by the local authority.

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

Supplemental provisions to section 131 and 131A

131B. (1) For the purposes of sections 131 and 131A, and for convenience of reference only, there is set out in column (3) of Parts 1, 2 and 3 of Schedule 14A the provisions of enactments under which reserved functions are conferred.

(2) The validity of any function conferred on a local authority by law is not affected by the fact that it is not specified in Schedule 14 or 14A.”.

(4) The Principal Act is amended by inserting, after Schedule 14, the Schedule set out in Schedule 3.

22. Application of certain provisions of the 2001 Act to municipal district members

22. (1) Except where otherwise provided for by the Local Government Acts 1925 to 2014 in respect of a municipal district or the municipal district members, the Minister may by regulations apply, with or without modification, to municipal districts or to municipal district members (either generally or to a class or classes of such districts as may be prescribed) provisions of the Principal Act relating to a local authority or the council of a local authority in so far as those provisions deal with—

(a) subject to section 21(3) of the Principal Act, the proportion of the total number of members of a local authority necessary in relation to the doing of any particular act,

(b) alternative titles to those of Cathaoirleach or Leas-Chathaoirleach of a local authority,

(d) removal of Cathaoirleach or Leas-Chathaoirleach of a local authority from office,

(e) the annual election of Cathaoirleach or Leas-Chathaoirleach of a local authority,

(f) any other matter relating to the Cathaoirleach and Leas-Chathaoirleach of a local authority, but not including matters to which subsections (2), (8) and (11) of section 31 of the Principal Act relate,

(g) meetings and proceedings of local authorities (including suspension of members) or the attendance of the public and representatives of the media (within the meaning of section 45 of the Principal Act) at such meetings,

(h) the appointment and dissolution of committees of local authorities,

(i) the establishment of one or more than one committee under subsection (1) (a) of section 51 to consider matters connected with the functions of a local authority and the application, in so far as they relate to that subsection, of subsections (3)to (6) of that section,

(j) the making of regulations relating to committees of a local authority, but not including matters to which paragraphs (a) and (d) of section 54(1) relate,

(k) the making of a decision under section 64(3) in relation to the representation of the views of the local community,

(l) the making of arrangements under section 127(2) (f) for attendance and raising of issues by interested persons at meetings,

(m) determining under section 130 the policy of the elected council,

(n) the furnishing of information to the elected council of a local authority under section 136 of the Principal Act,

(o) the making of regulations under section 142 relating to members expenses and remuneration, other than paragraphs (b), (c) and (d) of subsection (1), and subsections (2) (b), (4) (i), (5) and (7), of that section,

(p) the payment of an allowance for reasonable expenses of a Cathaoirleach and Leas-Chathaoirleach of a local authority under section 143 of the Principal Act,

(q) attendance of chief executive at local authority meetings under section 152 of the Principal Act,

(r) provisions of Part 15 (ethical framework) of the Principal Act relating to beneficial interests, including disclosure by member of local authority of pecuniary or other beneficial interests under section 177 of that Act.

(2) Subsection (1) is without prejudice to section 4.

Chapter 2

23. Definitions (Chapter 2)

23. In this Chapter—

“dissolved body’’ means a town council which is dissolved under section 24(2);

“transfer date” has the meaning given in section 24(1).

24. Dissolution of town councils and transfer date

24. (1) The Minister shall by order specify a date (in this Part referred to as the “transfer date”) to be the transfer date for the purposes of this Part.

(2) On the transfer date each town council stands dissolved and ceases to exist and—

(a) the local authority for a county or a city and county in which a town whose town council is so dissolved is situated shall, for all purposes, become and be the successor to the town council on that date, and

(b) the area of a town whose town council is so dissolved shall, for the purposes of all functions of the local authority (whether under the Local Government Acts 1925 to 2014 or otherwise) for the county or city and county in which the town is situated, be included in and form part of that county or city and county.

25. Dissolution of town councils — consequential provisions

25. (1) (a) All acts done and decisions duly made, whether by resolution, manager’s order or otherwise, before the transfer date in respect of a town council shall, subject to this Act, continue to have all such force and effect as they had immediately before that date.

(b) In this subsection “acts done or decisions duly made” include resolutions of the town council concerned and manager’s orders of that authority.

(2) A function of a town council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a town council and whether of general application to town councils or otherwise under an enactment) that—

(a) has not been repealed or otherwise provided for by this Act, or

(b) is neither spent nor obsolete,

shall, if the context permits in respect of one or more than one town council concerned, be read as a reference to a function of the local authority in whose administrative area the town council so dissolved is situated.

(3) Without prejudice to section 4, the Minister may make regulations providing for any matter or thing which the Minister considers necessary to give effect to the dissolution of any one or more town councils.

(4) For the purposes of this Part but without prejudice to section 5 and Part 1 of Schedule 1 (where relevant)—

(a) section 2(1) of the Principal Act is amended—

(i) in the definition of “administrative area” in the manner provided for in Part 1 of Schedule 1, and

(ii) by deleting the interpretation given to “town council”, as provided for in Part 1 of Schedule 1,

(b) section 10 of the Principal Act is amended by deleting the reference to “town council” in the manner provided for by section 12,

(i) by deleting subsection (4), and by deleting the reference to subsection (4) in subsection (7), in the manner provided for by section 14, and

(ii) by inserting subsection (16A) into that section in the manner provided for by section 14,

(d) Part 17 (sections 185 to 187) of the Principal Act is repealed as provided for in Part 1 of Schedule 1, and

(e) Schedule 6 to the Principal Act is repealed as provided for in Part 1 of Schedule 1.

PART 4 General Provisions Relating to Dissolutions, etc.

26. Consequential provisions on dissolution of certain bodies

26. (1) Schedule 4 shall (so far as may be appropriate) apply in relation to the dissolutions effected by Parts 2 and 3 and to each dissolved authority and its successor authority.

(2) (a) In this subsection “Joint Committee” means the County Tipperary Joint Libraries Committee established with effect from 1 January 1927 pursuant to section 3(1) of the Public Libraries (Ireland) Act 1894 and consequent on the adoption of the Public Libraries Act (Ireland) 1855 by Tipperary North Riding and Tipperary South Riding, which Committee was continued to stand established by virtue of Article 4(1) of the Local Government Act 2001 (County Tipperary Joint Libraries Committee) Regulations 2002 (S.I. No. 214 of 2002).

(b) The Minister shall by order dissolve the Joint Committee with effect from such date as is specified in the order.

(c) The Minister may by order make provision for the transfer of the assets and liabilities of the Joint Committee in such manner as the Minister considers appropriate.

(d) An order to which paragraph (c) relates shall contain such provision as the Minister considers necessary or expedient consequential on the dissolution of the Joint Committee and, without prejudice to the generality of the forgoing, may make provision—

(i) for the application of any of the provisions of Schedule 4 (other than paragraphs 6(2)(a), 7, 8, 12 and 13, subparagraphs (3) and (4) of paragraph 14 and paragraph 15 and such other provisions as may be specified) to the Joint Committee as if—

(I)references in that Schedule to “relevant day or date” were a reference to the date specified under paragraph (b) for the dissolution of the Joint Committee,

(II)references to a dissolved authority were references to the Joint Committee dissolved by order under paragraph (b), and

(III)in relation to the Joint Committee, references to the successor authority were to the local authority established under section 13(1)(c),

and

(ii) for such other matters of a transitional, supplementary or incidental nature as appears to the Minister to be necessary or expedient to facilitate the dissolution of the Joint Committee and the transfer of its assets and liabilities.

(e) Any land to which an order under paragraph (c) relates shall, on the date specified in that order in relation to the land, vest that land in the successor authority referred to in section 13(1)(c) without any further conveyance, transfer or assignment.

27. Implementation of Act by local authorities, actions in anticipation of 2014 establishment day

27. (1) It shall be the duty of the relevant local authorities and their employees to cooperate with each other and generally to exercise their functions so as to facilitate the implementation of this Act.

(2) Subject to the provisions of this Act and of any regulations made under it and notwithstanding the provisions of any other enactment, the relevant local authorities and their employees may, prior to the commencement of any provision of this Act and in anticipation of such commencement, or following such commencement, do anything which may be necessary as a preliminary to, or for the purpose of facilitating, the commencement or securing the operation of such provision or which is necessary to give full effect to, or which arises from, by reason of or is otherwise related to such provision.

(3) Every act done by a relevant local authority before and in anticipation of the commencement of any of the provisions of this Act shall have and be deemed always to have had all such (if any) validity and effect as it would have had if this Act or if such provisions had been in force when such act was done.

(4) In this section “relevant local authority” means—

(a) in relation to the amalgamation of local government areas set out in section 9(1)—

(i) prior to the 2014 establishment day, a local authority referred to in paragraph (a), (b) and (c) of section 13(1) for the area mentioned, respectively, in paragraphs (a), (b) and (c) of section 9(1),

(ii) on and after the 2014 establishment day, the successor authority concerned,

(b) in relation to the dissolution of a town council under section 24—

(i) prior to the transfer date, the town council and the county council of the county concerned,

(ii) on and after the transfer date, the successor authority concerned.

28. Elections to local authorities in 2014

28. (1) For the purpose of holding in 2014 elections of members of local authorities—

(a) the local government areas provided for by section 10 of, and Schedule 5 to, the Principal Act shall have effect as amended by section 12,

(b) the amendments by section 14 to section 11 of the Principal Act shall have effect,

(c) the numbers of members of local authorities provided for in section 21 of, and Schedule 7 to, the Principal Act shall have effect as amended by section 15,

(d) the amendments by section 20(1) to section 23 of the Principal Act shall have effect,

(e) such other amendments by this Act to the Principal Act as are necessary to enable the holding of local elections shall have effect, including amendments to section 2 of the Principal Act,

(f) the Electoral Acts 1992 to 2014, the Local Elections Acts 1974 to 2012 and the Local Elections Regulations 1995 (S.I. No. 297 of 1995) shall have effect as amended by section 5(4) and Part 2 of Schedule 2, and

(g) Schedule 6 to the Principal Act shall not have effect.

(2) For the purpose of subsection (1) and for the purpose of holding elections to local authorities after 2014, regulations and orders may be made by the Minister under the appropriate provisions of the Local Government Acts 1925 to 2014 having regard to paragraphs (a) to (f) of subsection (1).

(3) For the purposes of the local elections held in 2014, the definition of “ordinary day of retirement” in section 17(1) of the Principal Act shall be read—

(a) in the case of every local authority (including a local authority that is being dissolved under section 17)—

(i) as if the reference in that definition to the seventh day after the polling day at the election of the incoming members of the local authority were a reference to the 2014 establishment day, and

(ii) as if the reference to the seventh day after the date provided for the purposes of paragraph (b) of that definition were a reference to the 2014 establishment day or the seventh day after the day on which the poll is completed or the fresh poll held, whichever is the later,

and

(b) in the case of a local authority that is being dissolved under section 24, as if that definition referred to the transfer date and to no other day referred to in that definition.

(4) Nothing in section 26 of the Principal Act shall be read as enabling the holding of an election for members of—

(a) a town council, or

(b) a local authority that is to be dissolved on the 2014 establishment day,

but this subsection is without prejudice to filling, in accordance with section 19 of the Principal Act, a casual vacancy that occurs before the transfer date or the 2014 establishment day, as appropriate.

(5) This section has effect upon the passing of this Act.

PART 5 Financial Provisions Consequential on Dissolutions and Provisions relating to Rates

29. Rates

29. (1) In this section—

“adjustment period”, in relation to a specified area, means a period referred to in subsection (7) within which the base year adjustment is operational;

“annual rate on valuation”, in relation to a year, means, subject to subsection (9), the rate determined by the local authority concerned as the rating authority pursuant to F1[section 3 of the Local Government Rates and Other Matters Act 2019];

“base year adjustment” means the adjustment, by way of discount or levy, receivable or payable under subsection (5) by ratepayers in a specified area during the adjustment period;

“specified area” means any area of a rating authority where a different annual rate on valuation to that determined for Year 1 of the adjustment period applied in the year immediately preceding Year 1;

“Year 1” means the first year of the adjustment period.

(2) A base year adjustment shall be determined in accordance with subsections (3) and (4) by a rating authority in respect of each year of the adjustment period for each of the specified areas of the rating authority.

(3) In respect of a specified area, the base year adjustment shall be calculated in Year 1 of the adjustment period, by the formula—

A - B

where

A is the annual rate on valuation in respect of the year immediately preceding Year 1 that is applicable in the specified area, and

B is the annual rate on valuation determined by the rating authority in Year 1 of the adjustment period applicable generally in the area of the rating authority.

(4) In respect of each year of the adjustment period subsequent to Year 1, the base year adjustment shall be adjusted separately for each specified area by the rating authority concerned, following consultation with municipal district members in that area, by reducing the discount or levy (as the case may be) referred to in subsection (5), incrementally each year, until it is eliminated.

(5) The base year adjustment applicable to a specified area shall be applied to rating bills issued to ratepayers in the specified area and shall operate as either a discount or levy (as the case may be) on the amount due calculated by reference to the annual rate on valuation.

(6) Subsection (5) applies to the levy provided for in respect of a property to which section 211B or 211E (inserted by the Local Government (Business Improvement Districts) Act 2006) of the Principal Act relates.

(7) Base year adjustments shall cease at the end of the adjustment period for each specified area, which period—

(a) shall not be greater than 10 years commencing with Year 1, but

(b) may, at the discretion of the rating authority concerned, be a shorter period in respect of any specified area within the administrative area of that rating authority,

and, accordingly, the adjustment period shall cease in respect of a specified area when the base year adjustment for that area has been eliminated or the period of 10 years referred to in paragraph (a) has elapsed, whichever first occurs.

(8) Notwithstanding subsection (7), where—

(a) in respect of a specified area the base year adjustment calculated in accordance with subsection (3) would result in a levy with a value greater than 20,

(b) the local authority concerned, following the adoption by it of a resolution for the purpose of this subsection—

(i) applies in writing to the Minister to make an order that the adjustment period applicable to such specified area may be greater than 10 years, and

(ii) such resolution and application states the length of the extension being sought (which extension so stated shall be in respect of a period not greater than 10 years),

and

(c) following consideration of the application under paragraph (b), the Minister determines that an extension should be granted,

then, the Minister may by order grant an extension, which extension may, if the Minister considers it appropriate in the circumstances but subject to it not being greater than 10 years, be different from that sought in the application referred to in paragraph (b) and, accordingly, in its application to that specified area, the reference to 10 years in subsection (7)(a) shall be read as if it were a reference to the sum of those 10 years and the extension provided for by that order.

(9) In respect of a rating authority to which this section relates, the annual rate on valuation determined by such rating authority in Year 1 of the adjustment period shall not be increased in subsequent years until the adjustment period ceases, as provided for by subsection (7), for every specified area within the administrative area of that authority.

(10) Notwithstanding subsection (9), it shall be lawful for the rating authority to determine an increase in the annual rate on valuation where—

(a) the adjustment period of a specified area in the administrative area of the rating authority has been the subject of an order under subsection (8), and

(b) the adjustment period applicable to all specified areas in the administrative area of the rating authority, other than any specified area that is the subject of an order under subsection (8), have ceased in accordance with subsection (7).

(11) Where a revaluation under the Valuation Act 2001 takes effect in a rating authority in any year after Year 1 of the adjustment period, the base year adjustment referred to in this section shall continue to be applied to relevant properties by means of a percentage discount or levy equivalent to the former base year adjustment as a percentage of the annual rate on valuation as determined by such rating authority in Year 1 of the adjustment period.

(12) This section does not apply to any rating authority where a revaluation under the Valuation Act 2001 takes effect in the first year of the adjustment period.

(13) The adjustment period referred to in this section shall commence on the first day of January in the year following the commencement of this section.

30. Amalgamation of local funds of certain city councils and county councils

30. The local fund maintained immediately before the 2014 establishment day—

(a) by Limerick City Council and by Limerick County Council,

(b) by South Tipperary County Council and by North Tipperary County Council, and

shall, with effect from that day, be amalgamated and maintained by the successor authority in each case, as appropriate.

31. Amendment of certain provisions relating to rates on vacant premises

31. (1) Section 71 of the Local Government (Dublin) Act 1930 is amended—

(a) by inserting the following after subsection (1):

“(1A) A local authority may—

(a) specify a local electoral area or local electoral areas within its administrative area where owners of vacant premises shall be entitled to claim and receive a refund of differing proportion of the municipal rate to that referred to in subsection (1), and

(b) determine the proportion of the refund to apply in respect of each specified local electoral area or local electoral areas in accordance with paragraph (a).

(1B) The specifying of a local electoral area or local electoral areas and the determination of the proportion of the refund shall be a reserved function.”,

and

(b) by inserting the following after subsection (3):

“(4) The Minister may make regulations specifying the financial considerations and administrative and other procedures to apply in relation to the performance by Dublin City Council of functions to which subsections (1A) and (1B) relate.”.

(2) Section 20 of the Cork City Management Act 1941 is amended—

(a) by inserting the following after subsection (1):

“(1A) A local authority may—

(b) determine the proportion of the refund to apply in respect of each specified local electoral area or local electoral areas in accordance with paragraph (a).

(1B) The specifying of a local electoral area or local electoral areas and the determination of the proportion of the refund shall be a reserved function.”,

and

(b) by inserting the following after subsection (3):

“(4) The Minister may make regulations specifying the financial considerations and administrative and other procedures to apply in relation to the performance by Cork City Council of functions to which subsections (1A) and (1B) relate.”.

(3) Section 14 of the Local Government Act 1946 is amended—

(a) in subsection (1) by deleting “which is situated in a county but not in an urban area and”,

(b) by inserting the following after subsection (1):

“(1A) For the purposes of subsection (1) reference to county rate shall include a rate adopted by a city and county council.

(1B) A local authority may—

(a) specify a local electoral area or local electoral areas within its administrative area where owners of vacant premises shall be entitled to claim and receive a refund of differing proportion of the county rate to that referred to in subsection (1), and

(b) determine the proportion of the refund to apply in respect of each specified local electoral area or local electoral areas in accordance with paragraph (a).

(1C) The specifying of a local electoral area or local electoral areas and the determination of the proportion of the refund shall be a reserved function.”,

and

“(4) The Minister may make regulations specifying the financial considerations and administrative and other procedures to apply in relation to the performance by a local authority of functions to which subsections (1B) and (1C) relate.”.

32. Duty to inform rating authority of transfer of relevant property

32. F1[…]

33. Amalgamated valuation list

33. (1) Where before the 2014 establishment day or the transfer date, as the case may be, the Commissioner of Valuation made orders under section 19 of the Valuation Act 2001, in respect of the area of 2 or more rating authorities then subsisting, the councils of which areas were dissolved after that day or date by section 17 or 24, then the Commissioner shall, in due course, cause to be published under section 23 of that Act an amalgamated valuation list in respect of the area of the successor authority in each case, as if—

(a) the successor authority was in existence when the orders concerned were so made,

(b) the orders so made in respect of that area were orders that related to the successor authority,

and, accordingly, each such list shall be effective for the purposes of the Valuation Act 2001.

(2) Notwithstanding the fact that, as a consequence of the 2014 establishment day order or the transfer date order, a dissolved authority ceased to exist as a rating authority for the area concerned, a valuation list existing for that area (together with so much of the central valuation list, within the meaning of the Valuation Act 2001, as relates to that area) and the value of each property appearing on the valuation list (together with so much of the central valuation list as so relates) shall, subject to any amendment made in accordance with the Valuation Act 2001, continue in force in relation to that area for all the purposes of that Act, and section 29 (as amended by section 45 of the Local Government Act 1994) of the Local Government Act 1946 until the date on which a valuation list is caused to be published under section 23 of the Valuation Act 2001 for the local authority area that includes the first-mentioned area.

(3) Any valuation list so published shall not affect the continuance of the central valuation list to which this section relates.

34. References to county rate

34. Except where the contrary intention appears from this Act, a reference however expressed in any enactment to a county rate (being a county rate to which section 12 of the Local Government Act 1946 relates) shall, if the context permits, be read as a reference to a rate in respect of a county council or a city and county council.

PART 6 Community Development within Local Authority Areas

Chapter 1

35. Dissolution of county development boards and city development boards

35. (1) In this section “Boards” means the county development boards and city development boards established under section 129 of the Principal Act.

(2) The Minister shall by order dissolve all the Boards with effect from such date or dates as the Minister specifies.

(3) The Minister may, with the consent of the Minister for Public Expenditure and Reform, by order make provision for the transfer of the assets and liabilities of the Boards, either generally or in respect of any particular Board or class of Boards.

(4) An order to which subsection (3) relates shall contain such provisions as the Minister considers necessary or expedient consequential on the dissolution of the Boards concerned, and, in particular, may make provision for—

(a) the application of any of the provisions of Schedule 4 (other than paragraphs 3(2), 6(2)(a), 7, 8, 12 and 13, subparagraphs (3) and (4) of paragraph 14 and paragraph 15 and such other provisions as may be specified) either generally to all Boards or to one or more than one named Board as if—

(i) references in that Schedule to “relevant day or date” were a reference to the date provided for in the order for the dissolution of the Board concerned,

(ii) references to a dissolved authority were references to a Board dissolved by order under this section,

(iii) in relation to a Board, references to a successor authority were references to such corporate or unincorporated body designated in the order as the successor body, and different bodies may be designated in respect of different matters, including by reference to a geographical area,

together with such other modifications as the Minister considers necessary or expedient, and

(b) any other transitional, supplementary or incidental matters that appear to the Minister to be necessary or expedient to facilitate the dissolution either generally of all Boards or of one or more than one named Board.

(5) Where an order under subsection (3) is made, land to which the order relates shall, on the date specified in the order in relation to that land, vest in such person or body referred to for that purpose in the order without any further conveyance, transfer or assignment.

Chapter 2

36. Local Community Development Committees

36. (1) The Principal Act is amended by inserting the following after section 49:

“Local Community Development Committees

49A. (1) Subject to subsection (3), there shall be established, in accordance with this section and Chapter 2 of Part 13 (including any regulations made or general policy guidelines issued under that Chapter) by resolution of each local authority in respect of its administrative area a committee, to be known as the Local Community Development Committee, for the purposes of developing, co-ordinating and implementing a coherent and integrated approach to local and community development.

(2) Subject to this section and Chapter 2 of Part 13, each Local Community Development Committee is independent in the performance of its functions.

(3) Where the Minister has approved in writing a proposal by a local authority for the establishment of more than one Local Community Development Committee within its administrative area, the local authority may by resolution establish such number of Committees so proposed.

(4) A local authority may, by resolution and with the prior approval of the Minister in writing, dissolve a Local Community Development Committee established by it but the dissolution is without prejudice to anything previously done by such Committee.

(5) A Local Community Development Committee dissolved in accordance with subsection (4) shall be replaced by resolution of the local authority concerned—

(a) where subsection (3) applies, by such number of Local Community Development Committees as are approved by the Minister for establishment under that subsection, or

(b) in any other case, by a new Local Community Development Committee.

(6) Except where a Local Community Development Committee would stand dissolved in accordance with subsection (4) in respect of a day that would be the ordinary day of retirement of the members of the local authority concerned, a Local Community Development Committee shall, notwithstanding section 51(6), continue to stand established on and following that day.

(7) An annual report of a local authority shall include an outline of the activities of each Local Community Development Committee within the authority’s functional area during the period to which the annual report relates.

(8) Section 45 shall not apply to meetings of the Committee.”.

(2) Part 13 of the Principal Act is amended by designating sections 127 and 128 as Chapter 1 of that Part and by inserting the following Chapter to that Part before Part 13A:

“Chapter 2

Local Community Development Committees

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 section 128E(1) ;

‘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.

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,

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