Local Government Reform Act 2014

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