Local Government Reform Act 2014

(3) Where the opinion of the regional assembly stated in the submissions or observations made and the report issued is that the proposed variation of the development plan and its core strategy are not consistent with the regional spatial and economic strategy, the submissions and observations and report shall include recommendations as to what amendments, in the opinion of the regional assembly, are required in order to ensure that the proposed variation to the development plan and its core strategy are so consistent.

(4) The regional assembly shall send a copy of the report to the Minister.

(5) One or more regional assemblies, who have been directed by the Minister to make a regional spatial and economic strategy for the purpose of section 21(3) in relation to a combined area of the regional assemblies or in respect of any particular part or parts of the area which lie within the area of those regional assemblies, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister.”.

(2) The Planning and Development Act 2000 is amended by substituting the following for section 31FF:

“Co-operation and further provisions relating to regional spatial and economic strategy

31FF. (1) Where a regional assembly (other than the regional assemblies in respect of the GDA) intends to make a regional spatial and economic strategy in accordance with section 24, or to review the existing strategy under section 26, it shall, as soon as may be, consult with the NTA in order to make the necessary arrangements for making the strategy.

(2) The NTA shall assist and co-operate with the regional assembly in making arrangements for the preparation of a regional spatial and economic strategy and in carrying out the preparation of the strategy.

(3) In carrying out its functions under subsection (2), the NTA shall prepare and submit to the regional assembly, within 6 weeks of the commencement of consultation under subsection (1), a report on the issues which, in its opinion, should be considered by the regional assembly in making a regional spatial and economic strategy.”.

(3) The Planning and Development Act 2000 is amended by substituting the following for section 178:

“Restrictions on development by certain local authorities

(2) The council of a city shall not effect any development in the city which contravenes materially the development plan.

(3) The council of a city and county shall not effect any development in the city and county which contravenes materially the development plan.”.

(4) The Planning and Development Act 2000 is amended by substituting the following for section 243:

“Charging of expenses of planning authority

(5) The Planning and Development Act 2000 is amended by inserting the following after section 268:

“Transitional provisions consequent on Local Government Reform Act 2014

268A. (1) In this section—

‘2014 establishment day’ has the same meaning as it has in the Local Government Reform Act 2014;

‘dissolved authority’ means a local authority to which subsection (2)relates or a town council to which subsection (3) relates, as the circumstances require;

‘relevant day or date’ means the 2014 establishment day or the transfer date, as the circumstances require;

‘successor authority’ shall be read in accordance with subsection (2) or (3), as the circumstances require;

‘transfer date’ has the same meaning as it has in the Local Government Reform Act 2014.

(2) Consequent on the dissolution of certain local authorities by section 17 of the Local Government Reform Act 2014, the planning authority for each local government area concerned shall, with effect from the 2014 establishment day, be the successor authority as provided for by that section.

(3) Consequent on the dissolution of town councils by Chapter 2 of Part 3 of the Local Government Reform Act 2014, the planning authority for the area which was, immediately before the transfer date (as provided for by that Chapter), the area of a town council shall, on and from that date, be the planning authority for the local government area within which the first-mentioned area is situated on that date (in this section referred to as the ‘successor authority’).

(4) All acts duly done and decisions duly made before the relevant day or date by a planning authority to which subsection (2) relates or a town council to which subsection (3) relates, respectively, shall, subject to this Act, continue to have all such force and effect as they would have had if the transfer order had not been made.

(5) For the purpose of completing any matter outstanding by or with a dissolved authority as the planning authority for a local government area concerned before the relevant day or date, as the case may be, the successor authority shall, on that day or date—

(a) become the planning authority for that area, and

(b) exercise the functions, as the planning authority for that area, of the dissolved body.

(6) So much of Schedule 4 to the Local Government Reform Act 2014 that relates to a dissolved body for the purposes of that Schedule and is relevant to a dissolved body for the purposes of this section shall, subject to any necessary modifications, apply in relation to the Planning and Development Acts 2000 to 2014.”.

(6) Amendments to the Planning and Development Act 2000 (including amendments consequential on subsection (1)) are provided for by section 5(5) and are set out in Part 3 of Schedule 2.

PART 11 Plebiscite on Directly Elected Mayor for Dublin Metropolitan Area

64. Definitions (Part 11)

64. In this Part—

“Dublin local authority” means Dublin City Council, Dun Laoghaire-Rathdown County Council, Fingal County Council or South Dublin County Council;

“Dublin metropolitan area” means the combined administrative areas of the Dublin local authorities;

“directly elected mayor” means a mayor in respect of an authority or other body for the Dublin metropolitan area elected at an election for the purposes of which there shall be one electoral area which shall consist of the local electoral areas in force at that time in respect of the Dublin metropolitan area;

“plebiscite” has the meaning given by section 67(2)(b).

65. Convening of forum and report to Minister

65. (1) There shall be convened by the Lord Mayor of the City of Dublin, in such manner as the Minister requests, a forum representative of the members of the local authorities within the Dublin metropolitan area to consider the possible options for the future local governance arrangements for that area including the establishment of an office of a directly elected mayor for that area and shall, in particular, consider the following matters—

(a) the establishment of such an office,

(b) the rationale for, and implications of, such an office,

(c) details relating to such office and its relationship with each Dublin local authority or with those authorities and any other public authority which the forum considers would be representative of, or having functions relevant to, the Dublin metropolitan area, and

(d) such changes as would be needed in local governance arrangements for the Dublin metropolitan area consequential on the establishment of such an office, including matters to which paragraph (c) of section 66(1) would relate if a resolution under that paragraph were proposed,

and the Lord Mayor of the City of Dublin shall report to the Minister in writing on the forum’s deliberations and conclusions within such time limit as the Minister directs, which report shall include a draft resolution for the purposes of section 66(1).

(2) Consequent on receipt of the report referred to in subsection (1), the Minister may consult with each Dublin local authority on that report either jointly, separately or both and with any other person that the Minister considers it appropriate to consult.

66. Resolutions of local authorities

66. (1) Where the Minister is of the opinion that, having regard to the report and the draft resolution under subsection (1) of section 65 and any consultations under subsection (2) of that section, a resolution in the terms to which paragraph (a) relates should be put before the council for each local authority within the Dublin Metropolitan Area and the Minister has advised those local authorities of that opinion, then each such local authority may act accordingly, and where it does so, each such resolution shall—

(a) propose the holding of a plebiscite on whether an office of directly elected mayor of an authority for the Dublin metropolitan area should be established,

(b) be in a form approved by the Minister, and

(c) in the case of each local authority, be accompanied by a statement, the wording of which has been approved by the Minister, setting out the main features of the proposed future governance arrangements for the Dublin metropolitan area including—

(i) the functions and structures of the proposed office of directly elected mayor of the Dublin metropolitan area,

(ii) the proposed changes in the functions and structures of the Dublin local authorities and the relationship between the office of directly elected mayor and the Dublin local authorities and with any other authority or other body (whether then in existence or not) of which such mayor would have a role to play and the nature of that role,

(iii) details of the estimated cost and other resource implications of the proposed arrangements and any increased cost likely to arise as a result of their implementation,

(iv) the changes (if any) proposed to the functions and structures of any other body,

(v) details of the advantages and disadvantages that would arise as a result of the implementation of the proposed arrangements,

(vi) measures to maximise efficiency, effectiveness and accountability in local government in the Dublin metropolitan area and avoidance of duplication or undue cost, and

(vii) such further information or details approved by the Minister for inclusion in the statement.

(2) For the purposes of this Part, a resolution to which subsection (1) relates—

(a) shall not be adopted by a local authority concerned after 31 March 2014, and

(b) shall be adopted by the local authority concerned only if not less than half of the persons who are members of that local authority vote in favour of the resolution.

67. Holding of plebiscite

67. (1) Where a resolution has been adopted by each Dublin local authority inaccordance with section 66(2), a plebiscite shall be held to decide whether legislation should be brought forward—

(a) to provide for the establishment of an office of directly elected mayor to be chairperson and leader of an authority or other body for the Dublin metropolitan area, and

(b) for such other matters relating to local government in the Dublin area as the Minister considers to be appropriate.

(2) A plebiscite referred to in subsection (1) shall—

(a) be held in conjunction with and at the times duly fixed by the Minister for the 2014 local elections,

(b) put a proposal for a decision of those persons entitled to vote at the 2014 local elections for the Dublin local authorities (in this Part referred to as a “plebiscite”) as to whether an office of directly elected mayor of an authority for the Dublin metropolitan area should be established in accordance with the resolution referred to in section 66(1), and

(c) be held in accordance with regulations to be made by the Minister providing for the holding of the plebiscite and for other requirements and arrangements that will apply in relation to the plebiscite.

(3) (a) Dublin City Council shall, on its own behalf and on behalf of the other Dublin local authorities, publish and distribute or cause to be published and distributed, not later than 30 days before the polling day in a manner which Dublin City Council considers most likely to bring the proposal to the attention of voters, information for voters in relation to the proposal which is to be put for a decision through the plebiscite, including the details referred to in section 66(1)(c).

(b) Dublin City Council shall be facilitated by the other Dublin local authorities for the purpose of giving effect to paragraph (a).

(4) Without prejudice to the generality of paragraph (c) of subsection (2), any regulations under that paragraph may, in particular—

(a) specify the form of the ballot paper for the plebiscite, including the wording to be used on the ballot paper for the proposal on whether an office of directly elected mayor of an authority for the Dublin metropolitan area should be established, which wording shall be consistent with the resolution referred to in section 66(1),

(b) provide for arrangements and requirements in relation to the information to be published and distributed to voters in accordance with subsection (3),

(c) provide for the appointment, duties, and staff of the returning officer for the plebiscite,

(d) provide for the taking of the poll at the plebiscite and the counting of votes,

(e) provide for the use, free of charge, of schools and public rooms,

(f) provide for arrangements for postal and special voting,

(g) provide for voting by persons in the employment of returning officers,

(h) provide for voting by persons to whom section 68 relates who are physically ill or physically disabled,

(i) provide for the issue of polling information cards,

(j) provide for the maintenance of secrecy of voting,

(k) provide for the removal of persons misconducting themselves in polling stations,

(l) provide for procedures in the event of disorder or obstruction,

(m) provide for procedures in the event of interference with ballot boxes or ballot papers,

(n) provide for provisions corresponding to articles 67, 95 to 101, 105 to 111, 113 to 118, 119 and 122 of the Local Elections Regulations 1995 (S.I. No. 297 of 1995), with such modifications as appear to the Minister to be appropriate, and

(o) contain such other provisions relating to the holding of polls and the holding of the plebiscite as the Minister considers appropriate.

(5) Where a provision of regulations made under this section corresponds to a provision of the Local Elections Regulations 1995, which declares a matter to be an electoral offence, the regulations so made may provide for a corresponding offence in relation to the plebiscite and lay down a penalty for it which does not exceed the relevant penalty specified in article 117 of the Local Elections Regulations 1995.

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

68. Persons entitled to vote

68. For the purposes of this Part and regulations made under it, every person whose name is duly entered on the register of local government electors prepared under Part II of the Electoral Act 1992 that is in force for the City of Dublin and the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin is entitled to vote at the plebiscite.

69. Report to Houses of the Oireachtas

69. If a majority of the votes cast at the plebiscite is in favour of the proposal, the Minister shall, within 2 years of the date of the plebiscite, submit to both Houses of the Oireachtas a report—

(a) containing proposals for legislation to provide for the establishment of an office of directly elected mayor of an authority for the Dublin metropolitan area and other provisions for local governance in the Dublin area, having regard to the proposal which was the subject of the plebiscite and such other matters relating to local government as he or she considers appropriate, or

(b) containing a statement of his or her reasons for not making proposals for legislation to which paragraph (a) would relate.

70. Costs of holding plebiscite

70. The Dublin local authorities shall meet the costs incurred in holding the plebiscite (including the costs incurred by Dublin City Council under section 67(3)), as shall be determined by such person as the Minister nominates in the event of a dispute as to the amount, each in proportion to that which the population within its local authority area has to the population within the Dublin metropolitan area, as ascertained at the most recent census of population.

71. Steps taken prior to passing of Act

71. (1) Where, prior to the passing of this Act either or both—

(a) Dublin City Council, Dun Laoghaire-Rathdown County Council, Fingal County Council and South Dublin County Council, and

(b) the Lord Mayor of the City of Dublin,

convened, at the request of the Minister and in such manner as the Minister requested, a forum to consider the possible options and matters referred to in section 65(1), then, the convening of a forum under that subsection shall be deemed to have been complied with and, in respect of any subsequent steps taken before the passing of this Act that in the Minister’s opinion would, if taken after such passing, comply in whole or in part with the requirements of section 65(1), the Minister may deem that subsection to have been duly complied with to the extent that those steps were taken and that subsection shall have effect accordingly.

(2) Where the whole of section 65(1) is deemed to have been duly complied with by virtue of subsection (1), then, in respect of any subsequent steps taken before the passing of this Act that in the Minister’s opinion would, if taken after such passing, comply—

(a) in whole or in part with the requirements of section 65(2), or

(b) in whole with the requirements of section 65(2), and in whole or in part with the requirements of section 66(1),

the Minister may deem that subsection or those subsections (as the case may be) to have been duly complied with to the extent that the requirements have been so complied with and that subsection or those subsections shall have effect accordingly.

(3) Where the Minister deems a specified provision of this section to have been complied with in whole in a case to which subsection (1) relates or in whole or in part in a case to which subsection (2) relates, then he or she shall—

(a) notify in writing each of the local authorities concerned of that fact, and

(b) cause a notice to that effect to be published in Iris Oifigiúil.

PART 12 Non-Principal Private Residence Charge and Household Charge

72. Interpretation (Part 12)

72. In this Part—

“Act of 2009” means the Local Government (Charges) Act 2009;

“household charge” has the meaning assigned to it by section 3(1) of the Act of 2011;

“non-principal private residence charge” means the charge provided for in section 3 of the Act of 2009.

73. Repeals relevant to Part 12

73. (1) The provisions of the Local Government (Charges) Act 2009 are repealed as follows:

(a) upon the passing of this Act in respect of sections 3, 4, 5, 9 and 14;

(b) on 2 March 2014 in respect of section 6;

(c) subject to subsection (2), on 1 January 2015 in respect of section 15;

(d) subject to subsection (2), on 31 March 2025 in respect of the whole Act in so far as it is not already repealed.

(2) In respect of any provision to which paragraph (c) or (d) of subsection (1) relates that does not stand repealed by virtue of the paragraph concerned or by order under this subsection, the Minister may by order or subsequent order, as the case may be—

(a) where there is no subsisting order under this subsection in respect of that provision providing for its repeal, provide for the repeal of that provision on a date other than the date provided for by the paragraph concerned, or

(b) where there is a subsisting order under this subsection in respect of the provision concerned, revoke or amend that order and provide for a different date upon which that provision shall stand repealed.

(3) The provisions of the Local Government (Household Charge) Act 2011 are repealed as follows:

(a) upon the passing of this Act in respect of section 10(4) ;

(b) other than in respect of section 10(4), on such day or days as the Minister may, by order or orders, appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.

74. Arrears of non-principal private residence charge and late payment fees

74. (1) All non-principal private residence charge and late payment fee liabilities relating to any such charge or any part thereof that remain undischarged on 1 March 2014 shall not be subject to additional late payment fees if collected on or before 31 August 2014.

(2) Notwithstanding subsection (1), where a non-principal private residence charge and late payment fee liability in respect of such charge or any part thereof remain undischarged on 1 September 2014, an additional late payment fee of €120 shall apply in respect of each liability date.

(3) All non-principal private residence charge and late payment fee liabilities, in respect thereof, including that provided for by subsection (2), which remain undischarged on 1 September 2014 shall be increased by 50 per cent on that date.

(4) Where in any case the period of 3 months referred to in subsection (6) of section 6 of the Act of 2009 applies but had not expired on or before 1 March 2014, then subsection (1) shall apply to such a case.

75. Deceased sole owner and payment of non-principal private residence charge and late payment fees

75. (1) Where a person who is the sole owner of a residential property (within the meaning of section 2 of the Act of 2009) dies and, at the date of his or her death, a non-principal private residence charge, a late payment fee in respect of such a charge or any part of such charge or fee remains unpaid in relation to that property, then no further late payment fee shall be payable in relation to that property until a grant of representation to the estate of the deceased person issues to the personal representative of such deceased person.

(2) The personal representative of such deceased person shall, as soon as a grant of representation to the estate of the deceased person issues to him or her, be liable to pay to the relevant local authority the full amount due and owing by the deceased, at the date of his or her death, in respect of a non-principal private residence charge and each related late payment fee in respect of such a charge, which said full amount is, in this section, referred to as the “full amount”.

(3) If the said full amount is paid by the said personal representative within 3 months of the date of issue of the grant of representation to the estate of the deceased person, he or she shall have no further liability in respect of the non-principal private residence charge concerned and each related late payment fee in respect of such a charge due and owing by the deceased at the date of his or her death.

(4) If the said full amount is not paid by the said personal representative within 3 months of the date of issue of the grant of representation to the estate of the deceased person, he or she shall be liable to pay to the relevant local authority the said full amount.

(5) If the grant of representation is issued on or after 1 June 2014 and if the said full amount is not paid by the said personal representative within 3 months of the date of issue of the grant of representation to the estate of the deceased person, notwithstanding subsection (1), any late payment fees which would have applied under subsections (2) and (3) of section 74 had the person who is the sole owner of a residential property (within the meaning of section 2 of the Act of 2009) not died shall apply.

(6) (a) In this section a reference to “grant of representation” is, where 2 or more such grants are issued to the estate of a deceased person, a reference to the first of such grants to issue.

(b) In this section a reference to “late payment fee” includes reference to the 50 per cent increase provided for under section 74(3).

(7) This section shall apply on and from 2 March 2014.

76. Collection of undischarged liabilities relating to non-principal private residence liabilities

76.Subject to section 77, a local authority may act as it sees fit to most efficiently collect undischarged non-principal private residence charge and late payment fee liabilities in respect of any such charge including, in the case of an individual being liable, reducing such late fee liabilities in circumstances in which the local authority considers that to do so would be most efficient for the collection of the undischarged charge and liabilities.

77. Guidance by Minister

77. For the purposes of sections 74 to 76, the Minister may issue written guidance to local authorities concerning any matter to which those sections relate and each local authority shall have regard to any such guidance.

78. Validity of non-principal private residence charge and household charge collection activity

78. Any activity undertaken by the Local Government Management Agency to collect—

(a) the non-principal private residence charge, under the Act of 2009 or the household charge under the Local Government (Household Charge) Act 2011, or

(b) any late payment fees and late payment interest under either of those Acts,

shall not be impugned on the basis the Agency may have lacked the function to perform that activity.

PART 13 Local Government Fund and Irish Water

79. Amendment of section 6 of Local Government Act 1998

79. Section 6 of the Local Government Act 1998 is amended—

(a) in subsection (2C) (inserted by section 7 of the Motor Vehicle (Duties and Licences) Act 2013) by substituting the following for paragraph (a):

“(a) Subject to paragraphs (b) and (c) the Minister may, on or before 31 December 2014, pursuant to a request from the Minister for Finance, make one, or more than one, payment from the Fund in the amount requested by the Minister for Finance.”,

(b) in subsection (2C) (as so inserted) by substituting the following for paragraph (c):

“(c) The total amount of all payments made under paragraph (a) shall not exceed €600 million.”,

(c) by inserting the following after subsection (2C):

“(2CA) The Minister may make payments out of the Fund to Irish Water in respect of water services functions transferred from local authorities to Irish Water.”,

and

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

“(3) The Minister shall cause to be laid before each House of the Oireachtas a copy of the determination under subsection (2) as soon as may be after the determination is made.”.

PART 14 Dublin Docklands Development Authority

80. Amendment of Dublin Docklands Development Authority Act 1997

80. (1) In this section “Act of 1997” means the Dublin Docklands Development Authority Act 1997.

(2) Section 20(1)(a)(i) of the Act of 1997 is amended with effect from 27 November 2013 by substituting “within such period of time as the Minister may determine by order having regard to all the relevant circumstances” for “at least once in every five years”.

(3) The master plan adopted on 27 November 2008 by the Council established under section 16 of the Act of 1997 shall, subject to section 20(1)(a)(iii), continue to be the master plan under that Act for the Dublin Docklands Area until a new plan is adopted in accordance with section 20(1)(a)(i) of that Act as amended by subsection (2).

(4) Every act done (by commission or omission) by or on behalf of the Dublin Docklands Development Authority before the passing of this Act in respect of a matter to which this section relates that was done in anticipation of the passing of an Act containing a provision to the like effect as this section shall be deemed to be, and always to have been, a valid exercise by that Authority of its functions.