Local Government Reform Act 2014

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• (d) Part 17 (sections 185 to 187) of the Principal Act is repealed as provided for in Part 1 of Schedule 1, and

• (e) Schedule 6 to the Principal Act is repealed as provided for in Part 1 of Schedule 1.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

• (c) by Waterford City Council and by Waterford County Council,

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—

  • (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 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

• (c) 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 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,

• (c) the successor authority was the rating authority when the orders were so made,

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 County Development Boards and City Development Boards

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 Local Community Development Committees

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,

  • (c) the need for consultation with public authorities and publicly funded bodies in appropriate cases,

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

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

  • (f) the need to promote social inclusion.

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

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

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

Membership of Local Community Development Committees

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

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

  • (a) members of the local authority,

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

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

  • (d) representatives of local community interests,

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

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

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

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

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

  • (c) If the recommended nominees have not been appointed in accordance with paragraph (b) either because—

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

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

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

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

Staffing of Local Community Development Committee

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

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

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

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

Regulations and general policy guidelines

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

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

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

    • (i) the representation of sectoral interests,

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

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

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

  • (c) procedures to apply to ensure fairness and equity in the decisions of a Committee,

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

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

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

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

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

  • (a) principles guiding the work of Committees,

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

  • (c) size of Committees and criteria and procedures for the selection of nominees to Committees,

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

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

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

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

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

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

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

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

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

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

  Co-operation with Local Community Development Committees

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

  • (a) a local authority,

  • (b) a regional assembly,

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

  • (d) a body referred to in Schedule 16,

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

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

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

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

  • (c) in so far as is practicable, to ensure—

    • (i) in respect of any of the relevant body’s local and community development programmes and related policies and strategies, however described, in particular those programmes and related policies and strategies to which section 128B(1)(g) relate, and

    • (ii) in so far as those programmes and related policies and strategies impact on the functions of the Committee,

    that they are consistent with the objectives of community elements of the Plan, and the Plan generally, and the actions duly taken by the Committee in the furtherance of community elements of the Plan, and

  • (d) as appropriate, to have due regard to any advice that may be given or to any recommendations that may be made to the relevant public authority by the Committee under subsection (4).

• (3) A public authority that is not a relevant body shall, in respect of the local and community development programmes of such an authority, or body, have due regard to community elements of the Plan, and the Plan generally, and any recommendations made to it by a Committee in accordance with subsection (4)(b) and shall use its best endeavours to facilitate any requests of the Committee.

• (4) Subject to and in accordance with the functions of the Committee under section 128B (including those of its functions to which section 66 relates), and any regulations made or general policy guidelines issued by the Minister for the purposes of those functions, the Committee may, for the purposes of ensuring consistency with the objectives of community elements of the Plan, and the Plan generally, —

  • (a) advise the local authority that established it as to the way in which the local and community development programmes and related policies and strategies of the local authority should be developed or operated as regards the administrative area of that authority, and

  • (b) in any other case make recommendations to any public authority or publicly funded body, as to the way in which the local and community development programmes and related policies or strategies of such public authority or publicly funded body should be developed or operate as regards the county or city or city and county concerned.

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

• (6) Where a Committee has made a request to a relevant body for information under paragraph (b) of section 128F(2), nothing in that paragraph shall be read as requiring the disclosure of information that would be materially disproportionate to what was required to achieve the intended result of the request.

(7)(a) Where the Minister is of the opinion that a public authority or other publicly funded body that is not a relevant body should, having regard to this Chapter, section 49A and some or all of the functions of that public authority or publicly funded body, be a relevant body in respect of those functions then, subject to paragraph (b), the Minister may by order declare that that authority or body is a relevant body for the purposes of this Chapter and section 49A, and shall have effect accordingly.

- (b) The Minister shall not make an order under paragraph (a) in respect of a public authority for which another Minister of the Government is directly or indirectly responsible unless that other Minister consents to the order being made.”.

• (3) The Principal Act is amended by inserting after Schedule 15 of that Act the Schedule set out in Schedule 5 to this Act.

• (4) Sections 66, 140(10) and 221(2) of the Principal Act are amended in the manner set out in Schedule 1.

PART 7 Local Authority Governance and Management, etc.

37. Alternative titles to Cathaoirleach and Leas-Chathaoirleach, etc.

37. (1) The Principal Act is amended by substituting the following for section 32:

“32. (1) Where prior to the commencement of section 31—

• (a) Cork City Council or Dublin City Council used the title ‘Lord Mayor’ or ‘Deputy Lord Mayor’, or

• (b) Galway City Council used the title ‘Mayor’ or ‘Deputy Mayor’,

to describe its office of Cathaoirleach or Leas-Chathaoirleach as the case may be, it shall continue to so use such title or titles notwithstanding the provisions of section 31.

• (1A) Where—

  • (a) immediately before the 2014 establishment day (provided for in Part 2 of the Local Government Reform Act 2014) Limerick City Council or Waterford City Council used the title ‘Mayor’ or ‘Deputy Mayor’, to describe its office of Cathaoirleach or Leas- Chathaoirleach, as the case may be, then, if a municipal district containing the area of the former city council is determined by order under section 23(1)(c), the municipal district members (being the municipal district members for a metropolitan district by virtue of section 22A(2)(a)) may use such title or titles notwithstanding the provisions of section 31 (as amended by that Act),

  • (b) immediately before the transfer date (provided for in Chapter 2 of Part 3 of the Local Government Reform Act 2014) a borough council referred to in Chapter 1 of Part 1 of Schedule 6 used the title ‘Mayor’ or ‘Deputy Mayor’, to describe its office of Cathaoirleach or Leas-Chathaoirleach, as the case may be, then, if a municipal district containing the area of the former borough council is determined by order under section 23(1)(c), the municipal district members (being the municipal district members for a borough district by virtue of section 22A(2)(b) or for the municipal district of Kilkenny City by virtue of section 22A(2) (c) ) may use such title or titles notwithstanding the provisions of section 31 (as amended by that Act), and

  • (c) a municipal district contains the area of a town (including all the environs of the town for the purposes of the census of population concerned) the population of which, when rounded to the nearest 1,000 as shown in the latest census report of the Central Statistics Office, is equal to or greater than 20,000, then the municipal district members for such district may decide by resolution to use the title ‘Mayor’ or ‘Deputy Mayor’, to describe its office of Cathaoirleach or Leas-Chathaoirleach notwithstanding the provisions of section 31 (as amended by the Local Government Reform Act 2014).

• (2) A local authority or the municipal district members, to which subsection (1) or (1A) (respectively) relates, may by resolution give the title Cathaoirleach or Leas-Chathaoirleach to the Lord Mayor or Deputy Lord Mayor, Mayor or Deputy Mayor, as the case may be, and in that case shall be styled in accordance with section 31.

• (3) Where titles are continued in accordance with subsection (1) or (1A), the holders of the offices concerned shall, as appropriate, be styled—

  • (a) in the case of Cork City Council, in the Irish language ‘Ard-Mhéara Chathair Chorcaí’ and ‘Leas-Ardmhéara Chathair Chorcaí’, and in the English language ‘Lord Mayor of the City of Cork’ and ‘Deputy Lord Mayor of the City of Cork’,

  • (b) in the case of Dublin City Council, in the Irish language ‘Ard- Mhéara Chathair Bhaile Átha Cliath’ and ‘Leas-Ardmhéara Chathair Bhaile Átha Cliath’, and in the English language ‘Lord Mayor of the City of Dublin’ and ‘Deputy Lord Mayor of the City of Dublin’,

  • (c) in the case of Galway City Council, in the Irish language ‘Méara Chathair na Gaillimhe’ and ‘Leas-Mhéara Chathair na Gaillimhe’, and in the English language ‘Mayor of the City of Galway’ and ‘Deputy Mayor of the City of Galway’,

  • (d) in the case of a municipal district to which subsection (1A) relates, in the Irish language ‘Méara.......’ and ‘Leas-Mhéara.......’ followed by the name of the municipal district in Irish, and in the English language ‘Mayor of.......’ and ‘Deputy Mayor of........’ followed by the name of the municipal district in English in accordance with subsections (2) and (3) of section 22A.

• (4) Notwithstanding section 31 a local authority which is a city and county council may, subject to Schedule 8, give an alternative title to its Cathaoirleach or Leas-Chathaoirleach or revert to the title or titles of Cathaoirleach or Leas-Chathaoirleach as the case may be.”.

• (2) The Principal Act is amended by substituting the following for Schedule 8:

“SCHEDULE 8

Section 32(4)

Alternative Titles to Cathaoirleach and Leas-Chathaoirleach, etc.

1. A local authority which is a city and county council may by resolution give to the office of its Cathaoirleach or Leas-Chathaoirleach the following titles:

2. (a) in the Irish language the title of ‘Méara’ or ‘Leas- Mhéara’, respectively, and

3. (b) in the English language, the title of ‘Mayor’ or ‘Deputy Mayor’, respectively.

4. Where titles are given in accordance with paragraph 1, the holders of the offices shall, as appropriate, be styled, in the Irish language ‘Méara Cathair agus Chontae.......’ and ‘Leas-Mhéara Cathair agus Chontae.......’ followed by the name of the city and county in Irish, and in the English language ‘Mayor of the City and County of.......’ and ‘Deputy Mayor of the City and County of.......’ followed by the name of the city and county in English.

5. A local authority which has by resolution under paragraph 1 given the titles provided in that paragraph may revert by resolution to the titles of Cathaoirleach or Leas-Chathaoirleach provided for in section 31 and which shall be styled in accordance with that section.”.

38. Amendment of section 34 (removal of Cathaoirleach or Leas-Chathaoirleach from office, etc.) of Principal Act

38. Section 34 of the Principal Act is amended—

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

• “(1) Subject to this section, a local authority may by resolution remove from office the Cathaoirleach or Leas-Chathaoirleach of such local authority for stated misbehaviour or if his or her removal appears to it to be necessary for the effective performance by the local authority of its functions and such removal may also be for those reasons arising from the performance of his or her duties as chair of the corporate policy group.

• (1A) Subject to this section, a local authority may by resolution remove from office the chairperson of any strategic policy committee of such local authority for stated misbehaviour or if his or her removal appears to them to be necessary for the effective performance by the local authority of its functions or by the committee of its functions.”,

• (b) by substituting the following for paragraph (e) of subsection (2):

• “(e) be delivered or sent to the Cathaoirleach, Leas-Chathaoirleach or chairperson of the strategic policy committee concerned.”,

and

• (c) by substituting the following for subsection (5):

• “(5) It is necessary for the passing of a resolution under this section that the number of members of the local authority concerned voting in favour of the resolution is at least two-thirds of those present and voting.”.

39. Application of Chapter 2 of Part 5 of Principal Act to municipal district members

39. The Principal Act is amended by inserting the following after section 35:

“35A. This Chapter applies to municipal district members as if every reference in the other provisions of this Chapter to a local authority or to a member of a local authority were, respectively, a reference to the municipal district members or to a member of a municipal district.”.

40. Effective discharge of business

40. The Principal Act is amended by substituting the following for section 47:

“47. A local authority shall seek to secure as regards—

• (a) the establishment of committees under Part 7, and

• (b) meetings of the authority and each of its committees and municipal district members,

that they are organised and operate so as to promote effectiveness and efficiency in the discharge of business.”.

41. Amendment of section 48 (strategic policy committees) of Principal Act

41. Section 48 of the Principal Act is amended—

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

“(1A)One of the committees established under subsection (1) shall be to consider matters which relate to the functions of the local authority in relation to economic development and matters connected to the promotion of, including support for, enterprise, and to advise the authority on those matters.”,

• (b) by substituting the following for subparagraph (i) of subsection (3)(b):

• “(i) the representation of each local community development committee established in accordance with section 49A and of sectoral interests,”,

• (c) by inserting the following after paragraph (b) of subsection (3):

• “(ba) Guidelines referred to in paragraph (a) may include—

  • (i) provisions for procedures for presentation of proposals to the local authority concerned connected with the formulation, development, monitoring and review of policy for the purposes of this section,

  • (ii) provisions relating to the format, content and layout of any particular class or classes of policy papers and other documents (including the preparation of preliminary documents) prepared by or presented to the strategic policy committee, and

  • (iii) provisions for procedures to ensure that sufficient time for input by the strategic policy committee into policy papers is provided prior to completion and subsequent presentation to the local authority concerned.

• (bb) Guidelines referred to in paragraph (a) may apply to local authorities generally, to any class or classes of local authorities specified in the guidelines or to a particular local authority so specified and shall, in so far as the guidelines relate to them, be complied with by every local authority, chief executive, strategic policy committee and municipal district member.”,

and

• (d) by inserting the following after subsection (3):

• “(3A)

  • (a) For the purposes of assisting a strategic policy committee in considering matters in accordance with subsections (1) and (1A) the committee may request the attendance of a public authority at a meeting of the committee.

  • (b) Where a public authority refuses or otherwise fails to attend a meeting of a strategic policy committee following a request by the committee, then the chairperson of the committee—

    • (i) may report such refusal or failure to a meeting of the local authority, and

    • (ii) where so reported, shall provide the meeting of the local authority with any explanation furnished by the public authority for so refusing or failing to attend.

  • (c) Where any refusal or failure by a public authority is reported to a local authority under paragraph (b), then the local authority may report such refusal or failure, together with any explanation furnished by the public authority, to any Minister of the Government—

    • (i) on whom functions relating to the public authority concerned stand conferred, or

    • (ii) who has general responsibility for the public authority concerned.

• (3B) When formulating, developing, adopting, monitoring and reviewing policies which relate to the functions of a local authority each strategic policy committee of the local authority shall have regard to the regional spatial and economic strategy of the appropriate regional assembly.”.

42. Area committees

42. The Principal Act is amended by substituting the following for section 50:

“50. (1) A local authority to which this section applies may establish by resolution a committee in respect of a local electoral area or of 2 or more adjoining such areas or any other area in its administrative area to be known by some appropriate name followed by the words ‘Area Committee’, or by such other title, as may be designated by the authority.

• (2) This section applies to the following local authorities:

  • (a) Cork City Council;

  • (b) Dublin City Council;

  • (c) Dun Laoghaire-Rathdown County Council;

  • (d) Fingal County Council;

  • (e) Galway City Council;

  • (f) South Dublin County Council.”.

43. Amendment of section 66 (promotion of interests of local communities) of Principal Act

43. Section 66 of the Principal Act is amended by substituting the following for subsection (3):

• “(3)

  • (a) Subject to this section, a local authority may take such measures, engage in such activities or do such things in accordance with law (including the incurring of expenditure) as it considers necessary or desirable to promote the interests of the local community.

  • (b) For the purposes of this section a measure, activity or thing is deemed to promote the interests of the local community if it promotes, directly or indirectly—

    • (i) social inclusion or the social, environmental, recreational, cultural or community development, or

    • (ii) the general development including enterprise and economic development,

    of the administrative area (or any part of it) of the local authority concerned or of the local community (or any group consisting of members of it).

  • (c) Nothing in subsection (4) or section 66B or 67 shall be read as restricting the generality or meaning of this subsection.”.

44. Local economic and community plan

44. The Principal Act is amended by inserting the following sections after section 66: