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

(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.

(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,

(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,

(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,

(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.

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

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

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

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

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

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

“(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,”,

“(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;

(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:

“Interpretation (sections 66A to 66H)

66A. In the relevant sections—

‘Committee’ means a local community development committee established pursuant to section 49A;

‘Plan’ has the meaning assigned in section 66B;

‘relevant sections’ means sections 66A to 66H.

Local economic and community plan

66B. (1) Each local authority shall make, in accordance with section 66C and any regulations made, or general policy guidelines issued, by the Minister for the purposes of that section, and the principles of sustainable development, a 6 year local economic and community plan (in this section referred to as the ‘Plan’), which shall be referred to as the ‘Local Economic and Community Plan’, prefixed by the name of the local authority concerned, and the Plan shall be for—

(a) the promotion of economic development in its functional area, and

(b) the promotion of local and community development in its functional area.

(2) For the purposes of subsection (1), promotion of economic development includes but is not limited to—

(a) creating and sustaining jobs,

(b) promoting the interests of the community, including—

(i) enterprise and economic development across economic sectors,

(ii) foreign direct investment,

(iii) indigenous industry,

(iv) micro-enterprises and small and medium sized enterprises,

(v) tourism, and

(vi) agriculture, forestry and the marine sectors, and other natural resource sectors,

(i) to enhancing local economic performance, such as the quality of the environment and the qualities of cities, towns and rural areas, including—

(I) accessibility, physical character, and infrastructure,

(II) employment opportunities and quality of life,

and the means by which these may be utilised to enhance competitiveness, and be supported by investment decisions relating to economic infrastructure (including transportation, water services, energy, communications and waste management), together with social and cultural facilities, and

(ii) to promoting local economic activities,

(d) supporting enhancement of local innovation capacity, including investment in research and development capacity, technology transfer, up-skilling and re-skilling,

(e) identifying, for existing and prospective businesses, opportunities to engage with local government on relevant matters in setting up and managing their businesses and to ensure speedy and co-ordinated access and response,

(f) identifying local strengths and opportunities, weaknesses and deficiencies relevant to economic performance and—

(i) in relation to such strengths and opportunities having regard to economic and employment trends, the means of maintaining and augmenting them, and

(ii) in relation to such weaknesses and deficiencies, the means of addressing or rectifying them,

and

(g) identifying economic potential and the requirements to realise it.

(3) For the purposes of subsection (1), promotion of local and community development includes, but is not limited to—

(a) promoting and supporting the interests of local communities, or any part of a community or group within a local community, including measures to enhance quality of life and well-being of communities and measures aimed at—

(i) tackling poverty, disadvantage and social exclusion through support for basic services and other initiatives,

(ii) supporting training and up-skilling, creating and sustaining employment and self-employment opportunities, and investing in local development through community-focused supports and services, and

(iii) the provision of infrastructure and community facilities and investment in physical regeneration and environmental improvements,

(b) supporting the capacity of local communities to improve their quality of life,

(d) developing integrated and evidenced-based approaches to local service planning and delivery,

(e) identifying the needs and priorities of local communities to enhance their well-being, and developing sustainable solutions that make the best use of local assets, strengths and opportunities to address those needs and priorities,

(f) exploiting and co-ordinating funding sources from the public, private and community and voluntary sectors to stimulate and support local development and sustainability, and

(g) promoting, supporting and facilitating community involvement in policy development and decision-making processes related to the planning, development and delivery of services.

(4) Every Plan made pursuant to subsection (1) shall be consistent with—

(a) the core strategy and the objectives of the development plan (being the development plan for the purposes of Chapter I of Part II of the Act of 2000) of the local authority concerned, and

(b) any regional spatial and economic strategy or, as appropriate, regional planning guidelines (being a strategy or guidelines for the purposes of Chapter III of Part II of the Act of 2000),

that apply to the area of the Plan, and shall consist of a written statement which may include objectives for the sustainable development of the area of the Plan.

(5)(a) Without prejudice to subsections (2) and (3), the Plan to which subsection (1) relates shall include and integrate—

(i) economic elements in respect of local economic development, and

(ii) community elements in respect of local and community development.

(b) Each local authority shall, without prejudice to and, in accordance with section 66C and any regulations made or policy guidelines issued by the Minister for that purpose, draft the economic elements of the Plan.

(c) Each Committee shall, without prejudice to and, in accordance with sections 66C and 128B and any regulations made or policy guidelines issued by the Minister for that purpose, draft, adopt and obtain approval for the community elements of the Plan.

Preparation and making of local economic and community plans

66C. (1) A local authority and a Committee shall, in preparing the economic and community elements of a Plan, have regard to—

(a) the need to integrate sustainable development considerations into the Plan,

(b) the resources, wherever originating from, that are available or likely to become available to it for the purpose of the Plan and the need to secure the most beneficial, effective and efficient use of such resources,

(c) the need for co-operation with, and the co-ordination of its activities with those of other local authorities, public authorities and publicly funded bodies, the performance of some of whose functions affect or may affect the local authority and the Committee,

(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 promotion of economic and community development as provided for in sections 66B(2) and 66B(3), and

(e) the need to integrate the economic and community elements, developed in accordance with the provisions of subsections (2) and (3), into the Plan.

(2)(a) Each local authority in developing the economic elements of the Plan shall, in accordance with regulations made by the Minister under section 66H—

(i) consult with members of the public (in this subsection referred to as a ‘public consultation process’) by publishing a public notice (which notice may be given by means of the internet or otherwise) inviting them to make observations or other submissions in writing to the local authority in relation to its proposed development of those elements of the Plan and, in relation to the observations and other submissions so made—

(I) prepare and publish a report on them, and

(II) have regard to them when preparing the economic elements of the Plan,

(ii) consult with those public authorities and publicly funded bodies exercising functions that, in the local authority’s opinion, have a contribution to make or are making to economic development within the functional area of that local authority, and

(iii) consult with any person or body prescribed by regulations made by the Minister under section 66H.

(b) Following consultations in accordance with paragraph (a), the local authority concerned shall submit a draft of the economic elements of the Plan for consideration—

(i) in respect of each municipal district concerned, by the municipal district members, and

(ii) by the regional assembly for the region within which the local authority is located pursuant to section 43 of the Local Government Act 1991,

and each shall adopt a statement on the draft for consideration by the elected council of that local authority and by the Committee.

(c) The consideration of the economic elements of a draft of the Plan by the regional assembly, the municipal district members, in accordance with pararaph (b), and the Committee, in accordance with section 128B(1) (h), shall relate to its consistency with—

(i) the core strategy and the objectives of the development plan (being the development plan for the purposes of Chapter I of Part II of the Act of 2000) of the local authority concerned,

(ii) any regional spatial and economic strategy or, as appropriate, regional planning guidelines (being a strategy or guidelines for the purposes of Chapter III of Part II of the Act of 2000), that may apply, and

(iii) the community elements of a draft of the Plan submitted by the Committee in accordance with subsection (3)(b).

(d) The adoption by the municipal district members of a statement under paragraph (b) is a reserved function.

(3)(a) The Committee, in developing the community elements of the Plan shall, in accordance with regulations made by the Minister under section 66H—

(I) prepare and publish a report on them, and

(II) have regard to them when preparing the community elements of the Plan,

(ii) consult with those public authorities and publicly funded bodies exercising functions that, in the local Committee’s opinion, have a contribution to make or are making to community development to or within, the area of the Committee, and

(iii) consult with any person or body prescribed by regulations made by the Minister under section 66H.

(b) Following consultations in accordance with paragraph (a), the Committee concerned shall submit a draft of the community elements of the Plan for consideration—

(i) in respect of each municipal district concerned, by the municipal district members, and

(ii) by the regional assembly for the region within which the local authority, to which the Committee relates, is located pursuant to section 43 of the Local Government Act 1991,

and each shall adopt a statement on the draft for consideration by the elected council of that local authority.

(c) The consideration of the community elements of a draft of the Plan by the regional assembly, the municipal district members, in accordance with paragraph (b), and the local authority concerned, in accordance with subsection (4)(a), shall relate to its consistency with—

(i) the core strategy and the objectives of the development plan (being the development plan for the purposes of Chapter I of Part II of the Act of 2000) of the local authority concerned,

(iii) the economic elements of a draft of the Plan prepared in accordance with subsection (2)(b).

(d) The adoption by the municipal district members of a statement under paragraph (b) is a reserved function.

(4)(a) Following the adoption of statements provided for in subsections (2)(b) and (3)(b) and any statement adopted by the Committee, the Plan (including any Plan amended consequent to subparagraph (i), or new Plan made consequent to subparagraph (ii) of section 66F(b)) shall integrate the economic and community elements and that Plan shall be made by the elected council of the local authority, with or without amendment, and any amendment by it shall relate only to the consistency of the Plan with—

(i) the core strategy and the objectives of the development plan (being the development plan for the purposes of Chapter I of Part II of the Act of 2000) of the local authority concerned that apply to the area of the Plan, and

(b) The making of the Plan under paragraph (a) by the elected council of the local authority is a reserved function.

Publication of local economic and community plans

66D. As soon as may be after the making of a Plan under section 66C, a copy of it—

(a) shall be made available at the principal offices of the local authority and on its internet website,

(b) shall be furnished to the Minister, and

(c) may be inspected by any member of the public during normal opening hours, and purchased at a price not exceeding the reasonable cost of reproduction.

Implementation of the economic elements of local economic and community plans

66E. (1) Without prejudice to the implementation of the community elements of the Plan in accordance with section 128B, each local authority shall—

(a) implement, or arrange for the implementation of the economic elements of the Plan as made in accordance with section 66C,

(b) co-ordinate, manage and oversee the implementation of the economic elements of the Plan and any projects or programmes prepared to support or advance the implementation of the economic elements of the Plan 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 local authority and a public authority,

and ensure that any plans and strategies related to those projects or programmes are implemented in accordance with the economic elements of the Plan,

(c) seek to ensure effectiveness, consistency, co-ordination and avoidance of duplication between the economic development programmes to which paragraph (b) applies and the functions of the local authority in relation to promoting the interests of local communities or in other related functions under sections 66 and 66B or otherwise, and

(d) in addition to those projects or programmes to which paragraphs (b) and (c) apply, pursue the co-ordination generally of all economic development programmes within the functional area of the local authority, for the purposes of—

(i) supporting or advancing the implementation of the economic elements of the Plan or optimising resources for the benefit of local communities in that area, and

(ii) improving the efficiency with which public authorities use their resources.

(2) For the purposes of subsection (1), each local authority shall prepare, review and update, as appropriate, on an annual basis an implementation strategy.

(3) The making and amendment of an implementation strategy is a reserved function.

Monitoring and review of economic elements of local economic and community plans

66F. Without prejudice to the monitoring and review of the community elements of the Plan in accordance with section 128B, each local authority shall—

(a) monitor and review on an ongoing basis the implementation of the economic elements of the Plan, including performance against any benchmarks or indicators of performance set out in it and, if the local authority considers appropriate, to revise the actions, plans and strategies set to achieve its objectives,

(b) undertake a review of the economic elements of the Plan at least once within the period of 6 calendar years after it was made or last amended for the purposes of this paragraph and, if the local authority considers it necessary after any such review—

(i) to amend the economic elements of the Plan, or

(ii) to make new economic elements of the Plan for approval by the local authority in accordance with the provisions of section 66C,

and any such amendment or making shall be in accordance with any regulations made, or general policy guidelines issued, by the Minister for that purpose.

Annual Report on monitoring and review of local economic and community plans

66G. Each local authority shall include in its annual report an assessment in relation to the implementation and, where appropriate, review of its Plan in accordance with sections 66E, 66F and 128B during the year immediately preceding the year in which the report is submitted.

Regulations and general policy guidelines

66H. (1) The Minister may, following consultation with such public authorities as he or she considers appropriate, make regulations for the purposes of the relevant sections and sections 128B to 128F either generally or in relation to a regional assembly or a local authority or a Committee or to a particular class or classes of regional assemblies or local authorities or Committees and each regional assembly, local authority and Committee shall, to the extent that those regulations apply to it, comply with those regulations.

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

(a) the preparation of a Plan,

(b) the co-ordination of the preparation of the economic and community elements of a Plan,

(d) the timing of the preparation of a Plan,

(e) the role of the strategic policy committee established pursuant to section 48(1A),

(f) extending or shortening the period of a Plan for the purposes of synchronising the time period for a Plan with other relevant plans and strategies,

(g) the format and content of a Plan,

(h) the procedures and processes to ensure consistency with the core strategy and objectives of the development plan of a local authority,

(i) the procedures and processes to ensure consistency with the regional spatial and economic strategy and any regional planning guidelines referred to in subsections (2) (c) (ii), (3) (c) (ii) and (4) (a) (ii) of section 66C for the purposes of Chapter III of Part II of the Act of 2000,

(j) engagement and consultation with the local community in the preparation of a Plan,

(k) public consultation when a Plan is being prepared or reviewed, including the procedures and processes for seeking the timely and effective participation by the public concerned,

(l) developing performance indicators and arrangements for measuring performance of a Plan,

(m) publication of a Plan,

(n) implementation of a Plan, including the preparation, review and updating of the implementation strategies provided for in section 66E(2) and the arrangements for implementation provided for in section 128B(1), and

(o) the review and amendment of a Plan.

(3) For the purposes of the relevant sections and sections 128B to 128F, the Minister may issue general policy guidelines in relation to—

(a) principles guiding the preparation of the Plan,

(b) matters to be taken into consideration when a public consultation process is being undertaken for the purposes of preparing or reviewing the Plan,

(d) avoidance of duplication and optimising the use of available resources,

(e) implementation arrangements for the Plan, and

(f) any other matter of a general policy nature that the Minister considers appropriate for inclusion in the guidelines,

and guidelines issued under this subsection may relate generally to all local authorities or to a particular class or classes of local authorities and shall, in so far as the guidelines relate to them, be complied with by every local authority, municipal district members and each Committee.”.

45. Amendment of section 72 (transfer of certain functions to local authorities) of Principal Act

45. Section 72 of the Principal Act is amended—

(a) in subsection (1) (a) by substituting “function of a Minister of the Government or of any other public authority” for “function of a Minister of the Government”,

(b) in subsection (1) (c) by substituting “Minister of the Government or the other public authority, as the case may be, from which it was transferred” for “Minister of the Government from whom it was transferred”,

(d) in subsection (3) by deleting “or an order under subsection (2) ” in both places where it occurs, and

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

“(4) In this section ‘public authority’ does not include a body to which paragraph (g) of the definition of ‘public authority’ in section 2(1)relates.”.

46. Consultation with local community

46. The Principal Act is amended by substituting the following for section 127:

“127. (1) A local authority may take such steps as it considers appropriate to consult with and promote effective participation by the local community in local government.

(2) Without prejudice to the generality of subsection (1) a local authority may—

(a) undertake such action under section 64 as the authority may consider appropriate,

(b) establish strategic policy committees in accordance with Part 7,

(d) arrange for the representation on relevant committees of the authority of persons having knowledge or experience of relevance to the work of the particular committee,

(e) consult with a recognised association under section 128,

(f) make arrangements for attendance and raising of issues by interested persons at meetings of the authority or of any of its committees in accordance with such rules as may be determined by resolution of the authority,

(g) arrange for the holding of information meetings and the dissemination of information to the public in relation to any matter connected with its functions.

(3) Without prejudice to the generality of subsection (1) each local authority shall, in accordance with regulations made under subsection (6) and general guidelines issued under subsection (7), adopt a document to be known as a Framework for Public Participation in Local Government (in this section referred to as the ‘Framework’) for the purposes of promoting, developing and implementing a coherent and integrated approach to participation in decision-making processes of the local authority by the local community.

(4) For the purposes of subsection (3), the Framework shall seek to provide for participation by the local community within municipal districts and shall include the following:

(a) participatory mechanisms to promote, support and facilitate the local community’s input into decision making by the local authority, without prejudice to any consultation procedures provided for in any enactment;

(b) clear and transparent mechanisms for the selection of members of the local community to participate in such participatory mechanisms including selection processes that seek to balance gender, geography, social inclusion, sectoral, age and other interests and factors;

(c) mechanisms to monitor, measure and evaluate participation by members of the local community with local government and to provide information to the local community arising from such monitoring, measurement and evaluation;

(d) mechanisms to provide for accountability of such participants to the local community;

(e) mechanisms for the provision of information by the local authority to the local community.

(5) In developing the Framework, a local authority may take such steps as it considers appropriate to consult with the local community, including local sectoral, community or other groups.

(6)(a) The Minister may make regulations relating to the adoption and establishment of a Framework by each local authority and its implementation, review and revision by the local authority concerned.

(b) Regulations under this subsection may be made in respect of local authorities generally or in respect of any particular class or classes of local authorities as determined by those regulations.

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

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

(i) assistance to the local community with the preparation of strategies within municipal districts for the well-being of all;

(ii) provision of opportunities for networking, communication and the sharing of information with the local community;

(iii) mechanisms to support inclusion of socially excluded groups;

(iv) developing capacity and supports for public engagement and participation;

(v) participatory mechanisms;

(vi) consultation procedures and processes;

(vii) mechanisms for the provision of information;

(viii) accountability mechanisms.

(8) (a) Where in relation to any function of a local authority under this or under any other enactment the relevant enactment requires the publication of a notice in a newspaper or on the local authority’s website and the invitation of submissions or observations in connection with the performance of that function, the local authority may take such additional steps as it may consider appropriate to publicise, facilitate or promote the consultation process including the use of other forms of communications, including local radio stations, and the use of electronic forms of communication.

(b) A local authority may, in respect of reports, plans or any other material in relation to the performance of its functions, arrange for the making available or display of such materials at suitable locations (which locations may include the internet) additional to those required by this or any other enactment.

(9) An elected council may, by resolution, require that specified action be taken in accordance with this section for the purpose of consultation with the local community.

(10) Nothing in this section shall be read as limiting or departing from the role of a local authority as an elected body.

(11) The procedures and actions provided for under this section to promote and facilitate public engagement under the Framework may supplement but shall not be read as limiting or restricting—

(a) any consultation procedures, or

(b) any procedures requiring consultation,

that are otherwise provided for under any enactment and any actions taken under the Framework, or any failure to take any specified action under the Framework, shall not affect any such consultation procedures or procedures.

(12) The adoption of the Framework to promote and facilitate participation by the local community under this section is a reserved function.”.

47. Reserved functions: duty of chief executive

47. The Principal Act is amended by substituting the following for section 132:

“132. (1) It is the duty of every chief executive to carry into effect all lawful directions of the elected council of a local authority or a joint body for which he or she is chief executive in relation to the exercise and performance of the reserved functions of the local authority or joint body.

(2)(a) Where in relation to the exercise or performance of a reserved function a legal opinion was obtained by a local authority or joint body, the elected council or joint body may, without prejudice to section 153, by resolution direct that a second such opinion be obtained by the authority in the terms specified in such resolution.

(b) Nothing in this subsection shall prejudice a local authority or joint body in carrying out any function which the authority or body is required by or under statute or by order of a court to duly carry out.

(3) It is the duty of every chief executive to advise and assist the elected council of a local authority or a joint body for which he or she is chief executive and to assist the corporate policy group, each strategic policy committee and local community development committee within the administrative area of which he or she is chief executive—

(a) generally as regards the exercise or performance by—

(i) the council of the local authority or joint body, of its reserved functions, and

(ii) by the strategic policy committee or local community development committee, of its functions in relation to the reserved function of the local authority or joint body,

and

(b) as regards any particular matter or thing in relation to such exercise or performance on or in respect of which the council of a local authority, joint body, corporate policy group, strategic policy committee or local community development committee requests the advice or assistance of the chief executive,

and each shall have regard to that advice or assistance.

(4) In subsections (1) to (3) a reference to the elected council of a local authority includes a reference to the municipal district members when duly exercising a reserved function.

(5) For the purposes of superintendence and oversight by the elected council in the discharge of functions conferred on the elected council by law, the chief executive shall, when requested by the elected council, report on the actions already taken and planned to be taken to carry out the directions of the elected council of a local authority or a joint body for which he or she is chief executive in relation to the exercise and performance of the reserved functions of the local authority or joint body.

(6) Following consideration of a report referred to in subsection (5) or a management report as provided for in section 136(2), the elected council may, by resolution, adopt a statement indicating that it is the opinion of the elected council that the actions already taken or planned to be taken by the chief executive to carry out the directions of the elected council in relation to the exercise and performance of the reserved functions of the local authority or joint body are not sufficient for such purpose, or are not sufficient to ensure the efficient discharge of such function, and such resolution shall state the reasons for such opinion.

(7) Within 14 days of the adoption of a statement pursuant to subsection (6), the chief executive shall provide to the elected council a response indicating the changes, if any, to the actions or intended actions he or she will put in place, and where the chief executive considers it so warranted, may indicate where in his or her opinion the policy of the council requires review and amendment.

(8) The chief executive shall, when requested by the elected council, whether consequent on the council’s consideration of the chief executive’s response for the purposes of subsection (7) or otherwise, advise on the review of any policy, or a review of the implementation of any policy, of the local authority (being a policy approved as a reserved function) by the local authority or joint body.”.

48. Amendment of section 133 (corporate policy group) of Principal Act

48. Section 133 of the Principal Act is amended—

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

“(1) The elected council of each local authority shall form a committee, to be known as the corporate policy group and in this section referred to as the ‘policy group’, consisting of—

(a) the Cathaoirleach of the local authority who shall chair the policy group,

(b) the chairpersons of the strategic policy committees of the local authority, and

(c) where for any period of time, a policy group does not contain a member from a municipal district to whom paragraph (a) or (b) relates, a municipal district member for each municipal district concerned—

(i) selected by the municipal district members for such district, or

(ii) failing such selection, the Cathaoirleach of the municipal district concerned or such other member as the Cathaoirleach may select.”,

(b) by inserting the following paragraph after paragraph (b) of subsection (2):

“(ba) Without prejudice to paragraph (a) and with respect to the policies of and functions performed by the local authority, the policy group may promote co-ordination, consistency, effectiveness and avoidance of duplication in the performance of functions of the local authority by municipal district members.”,

and

“(10)(a) The Minister may issue policy guidelines to local authorities for the purposes of any provision of this section and such guidelines may include—

(i) procedures to be followed in respect of the manner and nature of the involvement of municipal district members with the policy group;

(ii) 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 policy group;

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

(b) Guidelines issued under this section may relate generally to all local authorities or to a particular class or classes of local authorities and shall, in so far as the guidelines relate to them, be complied with by every local authority, chief executive, policy group and the municipal district members.”.

49. Amendment of section 134 (corporate plan) of Principal Act

49. Section 134 of the Principal Act is amended—

(a) in subsection (1) by deleting the definition of “local authority”,

(b) in subsection (6) by inserting “, including activities relating to functions of municipal district members for each municipal district,” after “local authority concerned”,

“(ea) the policy of the local authority in relation to its functions, services and priorities for expenditure, in so far as is not otherwise set out in any other plan, statement, strategy or other document referred to in subsection (7),”,

and

(d) by deleting subsection (10) (b).

50. Local authority service delivery plans

50. The Principal Act is amended by inserting the following section after section 134:

“134A.(1) In respect of the local financial year which follows the commencement of this section and in respect of every financial year thereafter, each local authority shall prepare in accordance with subsection (5) a plan (in this section and Part 3 of Schedule 14A referred to as a ‘service delivery plan’) identifying the services intended to be provided by it to the public.

(2) The service delivery plan of a local authority shall be consistent with the provisions in the local authority budget of the expenditure estimated to be necessary for the local authority to carry out its functions during the local financial year to which that plan relates.

(3) The service delivery plan of a local authority shall take account of best practice in service delivery (including, where appropriate in relation to the delivery of services, best practice having regard to performance of functions identified pursuant to section 126C(1) (c) ) and that plan shall include—

(a) a statement of the principal services that will either continue to be provided or will otherwise be provided by the local authority in respect of the local financial year to which the plan relates,

(b) the objectives and priorities for the delivery of each of the services to which paragraph (a) relates, and the strategies for achieving those objectives and priorities,

(c) the performance standards intended to be met in the delivery of services, including reference to each appropriate performance standard prescribed by the Minister,

(d) the manner in which the local authority proposes to assess its performance in respect of the delivery of services, including identification of the relevant indicators for the purposes of section 126C(1) (a) and the performance indicators and performance standards prescribed by the Minister under subsection (7) as are appropriate to each service in the service delivery plan, and

(e) such other matters as may be provided for by the Minister under subsection (7) or (8).

(4) In preparing its service delivery plan a local authority shall—

(a) take account of such policies and objectives in relation to any of its functional programmes that are set out in—

(i) any other plan, statement or strategy under the Local Government Acts 1925 to 2014,

(ii) any service level agreements, or

(iii) any other document prepared by it under this Act or any other enactment,

and in so preparing its plan the local authority shall comply with sections 69 and 71, and

(b) having regard to the outcome of any assessment carried out pursuant to subsection (6), indicate the actions proposed to be taken to meet any performance standard prescribed by the Minister under subsection (7) or as a result of a comparison with any relevant indicator identified by the National Oversight and Audit Commission or prescribed by the Minister under section 126C(1).

(5)(a) As soon as may be following the adoption of the local authority budget, the service delivery plan shall be—

(i) prepared, in consultation with the elected members, under the direction of the chief executive in such manner, and in accordance with the timescale and format as may be prescribed by regulations made by the Minister, and

(ii) considered by the elected members and be adopted by resolution, with or without amendment, within such time limit and in accordance with such conditions and requirements, as may be so prescribed.

(b) In making an amendment under paragraph (a) (ii), the elected members shall have regard to the local authority budget adopted in accordance with section 103(9).

(6) A local authority shall include in its annual report an assessment of its delivery of services during the year concerned when compared with its service delivery plan for that year, including reference to those performance standards and performance indicators specified in regulations made under this section and such relevant indicators identified by the National Oversight and Audit Commission or prescribed by the Minister under section 126C(1) as are appropriate.

(7) (a) The Minister may make regulations for one or more of the following matters:

(i) performance standards against which the effectiveness and efficiency of the delivery of services may be measured, and performance indicators to facilitate the evaluation of the performance of the local authority;

(ii) the comparison of one local authority, or class of local authorities, to another local authority or class of local authorities, as the case may be, in the delivery of services, and as appropriate, against any performance standard specified;

(iii) such other matters as the Minister may consider appropriate in relation to the preparation of service delivery plans.

(b) Before making regulations under this subsection, the Minister shall consult with the National Oversight and Audit Commission, and with any other Minister of the Government in respect of services provided by a local authority for which that other Minister is responsible.

(c) Regulations made by the Minister under this subsection shall be without prejudice to relevant indicators specified by the National Oversight and Audit Commission or prescribed by the Minister under section 126C(1).

(8)(a) The Minister may issue guidelines in respect of—

(i) the content and preparation of service delivery plans,

(ii) publication of service delivery plans,

(iii) such other matters as the Minister may consider appropriate,

and each local authority shall have regard to such guidelines.

(b) Guidelines under this subsection may provide for a service delivery plan of a local authority to take account of and to reflect the principal activities of municipal district members within its administrative area and for necessary consultation for that purpose.”.

51. Furnishing of information to elected council

51. The Principal Act is amended by substituting the following for section 136:

“136. (1) Without prejudice to section 105, 135, 137 or 138, where relevant, a chief executive shall, whenever requested—

(a) by an elected council of a local authority for which he or she is the chief executive or by its Cathaoirleach,

(b) by municipal district members of a local authority for which he or she is the chief executive or by the Cathaoirleach of a municipal district,

(c) by a strategic policy committee of a local authority for which he or she is the chief executive or by its chairperson,

(d) by a local community development committee of a local authority for which he or she is the chief executive or by its chairperson, or

(e) by a joint body for which he or she is the chief executive, or by its chairperson,

afford to the council, municipal district members, Cathaoirleach, committee, chairperson or joint body concerned (as the case may be) all information that may be in the possession or procurement of such chief executive in regard to any act, matter or thing relating to or concerning any business or transaction of such local authority, municipal district members, committee or joint body (as the case may be) which is mentioned in the request.

(2) Subject to subsections (3) and (4), on or before the seventh day of each month, or such other date in each month set by resolution of the council, the chief executive shall prepare a report, to be known as the management report, in relation to the performance of his or her executive functions during the preceding calendar month, including implementation of policy or other matters required by the council in the exercise of its reserved functions, and the provision of services by the council, and shall on the set day furnish a copy of the management report to each member of the local authority.

(3) The Minister may prescribe by regulations—

(a) the form and content of the management report,

(b) the co-ordination of the management report with such other reporting requirements in this or in any other enactment as may be so prescribed,

(c) the provision for certain elements of the management report, including information provided pursuant to subsection (5), being reported on a quarterly basis or such other basis as may be specified.

(4) The Minister may issue general policy guidelines for the purposes of subsections (2), (3) and (5) and local authorities shall comply with any such guidelines.

(5) Without prejudice to the generality of subsections (3) and (4) and the requirements of section 126D in respect of any report which the local authority is the subject of, the management report shall include information on the steps taken in relation to any relevant report of the National Oversight and Audit Commission.

(6) In respect of management reports not considered at a meeting of the local authority, such reports shall be on the agenda of the next appropriate meeting of the local authority for consideration.

(7) In this section ‘quarterly basis’ means a period of 3 consecutive months ending on 31 March, 30 June, 30 September or 31 December in any year.”.

52. Amendment of section 140 (requirement that a particular thing be done) of Principal Act

52. Section 140 of the Principal Act is amended—

(a) in subsection (3) (a) by substituting “at least 2 members” for “at least 3 members”,

(b) in subsection (3) (c) by substituting “not less than 5 days” for “not less than 7 days”,

(d) in subsection (10) by deleting “or” in paragraph (c) where it last occurs and by substituting the following for paragraph (d):

“(d) so as to prevent the performance of any function of a local authority which the authority or the chief executive is required by law or by order of a court to perform,

(e) to any act, matter or thing to be done or effected in the performance of the executive functions of a local authority in respect of its functions as a planning authority under the Planning and Development Act 2000, or

(f) to a decision to provide, to any named person or group, any service, finance or other form of assistance or benefit, financial or otherwise.”.

53. Members’ expenses, remuneration, etc. including training and attendance at conferences, etc.

53. (1) Section 141 of the Principal Act is amended by inserting the following after subsection (1):

“(1A) A member of a local authority who is elected, appointed or nominated by that authority to another body in accordance with subsection (1), shall, within 15 working days of the end of each 3 monthly period to 31 March, 30 June, 30 September and 31 December in each year notify the local authority concerned of all attendances by the member at meetings of the body concerned and any payments made by or on behalf of that body (including details of distances travelled where payments are in respect of the use of a private vehicle) to the member during the period.

(1B) Subsection (1A) shall also apply to a former member of a local authority or to a period after the holding of local elections in respect of any payments while a member of the authority but received after he or she ceases to be a member of the authority or after the holding of local elections.”.

(2) Section 142 of the Principal Act is amended—

(a) in subsection (1) by substituting the following for paragraphs (a) and (b):

“(a) attendance at meetings of—

(i) the local authority,

(ii) municipal district members of that authority,

(iii) a committee of that authority, or

(iv) a joint committee or joint body involving that authority;

(b) attendance at conferences, seminars, training or other events to which subsection (5) or (5A) applies;”,

(b) in subsection (4) by inserting the following after paragraph (g):

“(ga) a public register of all attendances and payments to which section 141 relates;”,

(c) in subsection (5) by deleting “, training” in paragraph (a) and substituting the following for paragraphs (f) and (g):

“(f) Where a member of an elected council attends a conference, seminar or other meeting or event held by virtue of an authorisation under this section, he or she shall, within 15 working days of such attendance, submit to the Cathaoirleach a written report, which shall indicate the nature of the meeting and contain a summary of the proceedings, and the Cathaoirleach shall submit the report to the next ordinary meeting of the local authority.

(fa) A report prepared for the purposes of paragraph (f) shall be made available free of charge by the local authority to any member of the public who so requests and for that purpose may be made available by that authority on its internet website.

(g) Without prejudice to paragraphs (a) to (fa), the Minister may issue general guidelines for the purposes of this subsection, including guidelines as to expenditure in relation to attendance at conferences, seminars or other meetings or events.”,

(d) by inserting the following after subsection (5):

“(5A) (a) This subsection applies to training regarding or connected with any matter that is of concern to the local authority in relation to the performance of its functions and is relevant to its administrative area and to the local community.

(b) An elected council may authorise one or more of its members to avail of training or attend training events to which this subsection applies and such authorisation may, subject to regulations under this section, be given in an individual case or as regards such attendances generally during a particular year.

(d) An elected council shall not authorise under this subsection unless, having had regard to the following matters, it is satisfied that the authorisation is justified having particular regard to any training referred to in guidelines issued in accordance with paragraph (f)and having regard to—

(i) the benefits likely to accrue,

(ii) the general interests of its administrative area and the local community, and

(iii) the total cost involved.

(e) An authorisation under this subsection is a reserved function and such authorisations shall not exceed the amount provided for in accordance with paragraph (c).

(f) Without prejudice to paragraphs (a) to (e), the Minister may issue general guidelines for the purposes of this subsection, including guidelines as to the syllabus of a training programme, the development of a training programme, the nomination of training by specified bodies, either generally or in respect of specified courses, as suitable for inclusion in a training programme and expenditure in relation to attendance at specified training events.

(g) The Minister may make regulations—

(i) requiring attendance within a specified period by members of local authorities, or any class of such members, at training or development courses (otherwise than at his or her own expense) of a type necessary or appropriate for the members to attend so as to enable each such member to discharge his or her duties as a member of the local authority, joint board, committee of a local authority or member of another body to which section 141(1) relates, as the case may be,

(ii) providing for a reduction in remuneration or any allowances for expenses (including the amount of such reduction expressed as a percentage of specified remuneration or allowances for expenses, as the case may be) which would otherwise be payable to a member of a local authority by virtue of regulations under this section where such member fails to attend training or development courses which he or she is required to attend under regulations to which subparagraph (i) relates, and

(iii) providing for exceptional or compassionate grounds (either generally or by reference to specified types of circumstances) where a reduction to which subparagraph (ii) relates would not apply.”,

and

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

“(6) A local authority shall comply with any guidelines issued under subsections (5) (g) and (5A)(f).”.

54. Chief executive

54. (1) The Principal Act is amended by substituting the following for Chapter 2 of Part 14:

“Chapter 2

Position of Chief Executive

Position of chief executive

144.

(1) For every county, city and city and county there shall be a chief executive to be known as ‘the Chief Executive of.......’ (followed by the name of the city council, county council or city and county council, as the case may be) who shall hold employment under the council concerned.

(2) Subject to section 16 of the Local Government Reform Act 2014, a person who was, immediately before the 2014 establishment day, a county manager or city manager shall, unless he or she was retiring or resigning with effect from the end of that day, continue in office and shall be referred to in accordance with subsection (1).

(3) (a) A reference in any enactment, however expressed, to a county manager or city manager shall, with effect to the 2014 establishment day, be read (other than in respect of a provision that was spent before that day or is in the nature of a transitional matter provided for by the Local Government Reform Act 2014) as a corresponding reference to a chief executive and, where the context permits or requires, includes a reference to the chief executive of a city and county council.

(b) Paragraph (a) does not apply to—

(i) the title of any Act,

(ii) the citation of an instrument made under any Act, or

(iii) the name of any organisation or body referred to in any enactment.

(4) Any function which immediately before the date of the commencement of section 54 of the Local Government Reform Act 2014 was, by virtue of any enactment a function of a city manager or a county manager shall, on and from that date, continue to vest in and be a function of the chief executive of the local authority concerned.

(5) The chief executive of a local authority shall by virtue of his or her position be the chief executive for every joint body whose functional area is wholly situated within such county.

(6) Where the functional area of a joint body extends into—

(a) two or more counties, or

(b) a city or a city and county and one or more counties,

then the chief executive of such county, city or city and county as the Minister shall by order appoint shall also be the chief executive for such joint body.

(7) The Minister may prescribe by regulations any body to be a joint body and any body so prescribed shall be a joint body for the purposes of this section.

(8) The position of chief executive is, subject to section 145, an office to which the Local Authorities (Officers and Employees) Act 1926, applies.

Appointment of chief executive

145.

(1) The following are reserved functions—

(a) the appointment by a county council, city council or a city and county council of a chief executive under section 6 of the Local Authorities (Officers and Employees) Act 1926 (in this section referred to as the ‘Act of 1926’) by virtue of a recommendation of the Chief Executive of the Public Appointments Service, and

(b) the suspension or removal from employment of a chief executive in accordance with section 146.

(2) For the purposes of section 6 of the Act of 1926 a request shall be deemed to have been submitted in respect of the employment of a chief executive—

(a) in the case of a chief executive to whom section 147 applies—

(i) 6 months in advance of the expiration of the tenure period referred to in section 147(1), or

(ii) on the date that chief executive ceases to hold employment,

whichever is the earlier, and

(b) in any other case—

(i) 6 months in advance of the date that chief executive would attain the age-limit for his or her employment, or

(ii) on the date that chief executive ceases to hold employment,

whichever is the earlier.

(3) Where, as respects a county council, city council or city and county council, including a county council or city council in a group of authorities, a recommendation is made under section 6 of the Act of 1926 of a person for appointment as the chief executive, such council shall—

(a) within 3 months of the date of the recommendation meet and decide to appoint or not appoint as chief executive the person so recommended, and

(b) in the event of deciding not to approve the appointment, furnish to the recommended person the reasons for such decision.

(4) (a) The Minister may make regulations relating to the procedures to be followed by every local authority (including a county council or city council in a group of authorities)—

(i) when considering a recommendation made to it to which subsection (1)(a) relates, and

(ii) for the purposes of subsection (3),

and each such local authority shall comply with those regulations.

(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may provide for arrangements to be put in place and used in respect of the consideration of a recommendation made under section 6 of the Act of 1926, and for that purpose such arrangements may include—

(i) provisions for the purpose of a local authority seeking information from the recommended person in respect of his or her proposed appointment, the time periods within which—

(I) such information may be so sought, and

(II) further information may be so sought,

and the manner of the provision of such information to the local authority,

(ii) the manner of dealing with information, whether from the recommended person or otherwise, associated with such a recommendation,

(iii) the criteria to apply in respect of the consideration of such a recommendation,

(iv) the records to be maintained by a local authority in relation to the consideration of such a recommendation,

(v) the conducting otherwise than in public of any meeting, or part of a meeting, that considers or otherwise relates to such a recommendation, and

(vi) the keeping in a confidential manner of information obtained, whether from the recommended person or otherwise, and records maintained that relate to such a recommendation.

(c) In making regulations under paragraph (a), the Minister may have regard to and take account of any code of practice issued by the Commission for Public Service Appointments under section 23 of the Public Service Management (Recruitment and Appointments) Act 2004 in existence at the time of the making of the regulations that would relate (in whole or in part) to the selection process that precedes a recommendation to which subsection (1)(a) applies.

(5) Where, as respects a county council, city council or city and county council, including a county council or city council in a group of authorities, such council has decided to not appoint as chief executive the person recommended to which subsection (1)(a) relates, then, for the purposes of section 6 (other than subsection (4) ) of the Act of 1926, and notwithstanding the said subsection (4) or any other provision of this Act or any other enactment, a further request shall be deemed to have been submitted in respect of the employment of a chief executive.

(6) Where a position of chief executive becomes vacant the Minister shall appoint a person to be the chief executive temporarily until a permanent appointment to the position is made but such temporary appointment may be terminated by the Minister at any time.

(7) Section 5 of the Act of 1926 does not apply to the position of chief executive.

Suspension and removal of chief executive

146.

(1) (a) Subject to this section, the elected council of a local authority may by resolution suspend or remove from employment the chief executive for such local authority for stated misbehaviour or if his or her suspension or removal appears to them to be necessary for the effective performance by the local authority of its functions.

(b) A copy of any resolution passed under this section shall be sent without delay to the Minister.

(2) Notice of the intention to propose a resolution under this section shall—

(a) be signed by at least one-third of the total number of members of the local authority concerned,

(b) contain a statement of the reasons for the proposed suspension or removal,

(d) specify a day for the holding of a special meeting to consider the proposed suspension or removal being a day which is not less than 21 days after the day on which the notice is delivered under paragraph (e),

(e) be delivered to the meetings administrator, and

(f) be delivered or sent to the chief executive concerned.

(3) The meetings administrator shall on receipt of a notice and without delay send a copy of it to every member of the local authority and convene a special meeting for the date so specified to consider the proposed suspension or removal.

(4) The chief executive may prepare a statement of response in relation to the proposed suspension or removal and such statement shall be sent to each member of the local authority concerned.

(5) It is necessary for the passing of a resolution under this section that—

(a) at least three-quarters of the total number of members of the local authority concerned vote in favour of the resolution, and

(b) the members of the council concerned shall have considered any statement prepared by the chief executive under subsection (4).

(6) A person who is suspended under this section may subsequently be removed from office in accordance with this section.

(7) (a) A chief executive shall not be removed under this section without the sanction of the Minister given under this subsection.

(b) The Minister may appoint a panel of 3 persons—

(i) to consider the removal of a chief executive the subject of a resolution under this section and the chief executive’s statement of response,

(ii) to recommend whether the Minister should give sanction to such removal, and

(iii) to make such other recommendations (if any) as the panel may consider appropriate in all the circumstances.

(d) A panel shall include a chairperson and 2 other persons having knowledge of or experience in local government, human resources or management.

(e) A sanction shall not be given under this subsection except by virtue of a recommendation under paragraph (b).

(8) The Minister may by regulations prescribe any matter of procedure for the purposes of this section.

Tenure of chief executive

147.

(1) Notwithstanding any other enactment, a person appointed to a position of chief executive holds the employment unless he or she earlier dies, resigns or is removed, during whichever of the following tenure periods is the shorter—

(a) a period of such length as the Minister specifies by order,

(b) the period from the date of the appointment to the date on which he or she attains such age as the Minister specifies by order,

and on the expiration of that period he or she ceases to hold the employment.

(2) Notwithstanding any enactment (including subsection (1) ) or instrument made under such enactment, the tenure period of a chief executive referred to in subsection (1)(a) shall, subject to and in accordance with this section and with regulations made by the Minister for the purposes of this subsection, be extended where notification (in this section referred to as the ‘prescribed notification’)—

(a) is given by the chief executive to the Cathaoirleach of the local authority concerned, and

(b) is in the form prescribed by regulations made under this section, but in no case shall the tenure period as so extended exceed 10 years.

(3) On receipt of a prescribed notification the Cathaoirleach of the local authority concerned shall—

(a) inform the members of the local authority of it at the next meeting of that local authority, and

(b) transmit a copy of it to the Minister and to the chief executive of the Public Appointments Service.

(4) The Minister may make regulations for the purposes of subsection (2)and such regulations may provide for:

(a) the form of the prescribed notification;

(b) the period (in this section referred to as the ‘notification period’) within which a prescribed notification shall be given;

(d) the position of chief executive to which subsection (5) does not apply;

(e) the application of different periods for the purposes of paragraphs (b) and (c) to specified classes of chief executive.

(5) Subject to regulations made under subsection (4)(d) —

(a) a chief executive whose tenure period is extended under subsection (2) shall not apply for appointment to any position of chief executive during the period commencing on the date the chief executive gives a prescribed notification and ending on a date which is 6 months prior to the expiration of the extended tenure period (in this subsection referred to as the ‘exclusion period’), and

(b) notwithstanding section 6 of the Local Authorities (Officers Employees) Act 1926, a chief executive who has given a prescribed notification shall not be considered by the Public Appointments Service for selection for any position of chief executive during the exclusion period.

(6) (a) A notification period referred to in subsection (4) (b) shall be wholly within the tenure period.

(b) A prescribed notification for the purposes of this section which is given outside of the notification period is invalid.

(7) Where the tenure period of a chief executive stands extended in accordance with this section, such extended tenure period shall be the tenure period for the purposes of subsection (2) of section 145 and that section shall apply accordingly.

(8) The Local Government (Tenure of Office) Order 2000 (S.I. No. 221 of 2000) and the Local Government (Tenure of Office of Managers) Regulations 2000 (S.I. No. 219 of 2000) shall be deemed to have been made under subsections (1) and (4), respectively, and shall continue to have effect and may be amended or revoked accordingly.

(9) Nothing in this section operates to interfere with or alter the tenure of a chief executive—

(a) whose tenure is governed by an order under section 47 of the Local Government Act 1991 (in this subsection referred to as the ‘Act of 1991’), or

(b) whose tenure is governed by such an order and section 47A (inserted by section 1 of the Local Government Act 2000) of the Act of 1991,

notwithstanding the repeal by this Act of the Act of 1991 and of the Local Government Act 2000.

Deputy chief executive

148.

(1) (a) A chief executive, following consultation with the Cathaoirleach of the local authority concerned may by order appoint an employee of that authority to be a deputy chief executive for the purposes of subsection (2) and may at any time terminate such appointment.

(b) An order under paragraph (a) may provide that where an appointee specified in the order is not available such other employee as may be so specified shall stand appointed as deputy chief executive for so long as the first-mentioned appointee is unavailable.

(c) An appointment under this subsection may be made by reference to a particular individual or to the holder for the time being of a particular employment.

(2) A deputy chief executive shall by virtue of this section act as and be the chief executive for the duration of any period which may arise from time to time (whether by way of vacation, illness or other reason) during which the chief executive is temporarily unable to act.

(3) (a) Where a chief executive has for any reason become temporarily unable to act and—

(i) has not made an appointment under subsection (1),

(ii) there is no subsisting appointment, or

(iii) the appointee is incapacitated or otherwise unable to act,

the Cathaoirleach of the local authority concerned may appoint an employee of the local authority to be deputy chief executive for the remainder of the duration of the inability of the chief executive to act and may at any time terminate such appointment.

(b) Notification of an appointment under subsection (1) or (3) shall be sent to the Minister and every member of every local authority concerned as soon as may be after the appointment is made.

(4) (a) The Minister may appoint an employee of a local authority to be deputy chief executive if a chief executive is for any reason temporarily unable to act and an appointment under subsection (1)or (3) is not for the time being in force.

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