Local Government Reform Act 2014
This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.
8 amending acts · 2024-05-16, revised-IE-2014-act-1@2024-05-16
Act to make further and better provision in relation to local government and, in particular, to amalgamate Limerick County Council with Limerick City Council, Waterford County Council with Waterford City Council and North Tipperary County Council with South Tipperary County Council, to provide for the position of chief executive in relation to each local authority, to dissolve town councils, to make provision for municipal districts, to assign additional reserved functions to local authority members, to dissolve county development boards and city development boards and make provision for the establishment of local community development committees, for planning and oversight of local and community development programmes, to provide for an increased role for local authorities in economic development and enterprise support, to amend the Local Government Act 1991 and provide for regional assemblies, to enable (subject to certain preconditions) a plebiscite to be held in the administrative areas of the local authorities in the Dublin area in respect of a directly elected Mayor for that area and for those and other purposes to amend the Local Government Acts 1925 to 2013, the Local Elections Acts 1974 to 2012 and other enactments relating to elections, the Housing Acts 1966 to 2013 and the Planning and Development Act 2000, to amend other acts in connection with the foregoing matters, to amend section 20 of the Dublin Docklands Development Authority Act 1997 and to provide for related matters
| Reference No. (1) | Provision (2) | Amendment (3) |
| 1 | Section 2(1) | |
| Before definition of “Act of 2000” | Insert: “ ‘2014 establishment day’ means the day appointed by order under section 8 of the Local Government Reform Act 2014 to be the establishment day for the purposes of that Act;”. | |
| 2 | Definition of “administrative area” | Substitute: “ ‘administrative area’ means an area standing established under section 10 for the purposes of local government and which is— |
| (a) a county in the case of a county council, | ||
| (b) a city in the case of a city council, | ||
| (c) a city and county in the case of a city and county council;”. | ||
| 3 | After definition of “Cathaoirleach” | Insert: “ ‘chief executive’ means a chief executive for the purposes of section 144;”. |
| 4 | Definition of “city council” | Substitute: “ ‘city council’ means a local authority to which section 11(2) (b) relates;”. |
| 5 | After definition of “city council” | Insert: “ ‘city and county council’ means a local authority to which section 11(2) (c) relates;”. |
| 6 | Definition of “city development board” | Delete. |
| 7 | Definition of “county council” | Substitute: “ ‘county council’ means a local authority to which section 11(2) (a) relates;”. |
| 8 | Definition of “county development board” | Delete. |
| 9 | Definition of “joint body” | Delete: “(a) a joint library committee,”. Delete: “(d) a joint burial board,”. |
| 10 | Definition of “Local Government Commission” | Delete. |
| 11 | Definition of “local authority” | Substitute: “ ‘local authority’ means— |
| (a) in relation to a municipal district, the county council or the city and county council in which the municipal district is situated, and | ||
| (b) in every other case— | ||
| (i) a county council, | ||
| (ii) a city council, | ||
| (iii) a city and county council;”. | ||
| 12 | After definition of “local consultative committee” | Insert: “ ‘local economic and community plan’ means a plan to which sections 66A to 66H relate;”. |
| 13 | Definition of “manager” | Delete. |
| 14 | After definition of “Minister” | Insert: “ ‘municipal district’ shall be read in accordance with section 22A; |
| ‘municipal district members’ shall be read in accordance with section 22B;”. | ||
| 15 | Definition of “rating authority” | Substitute: “ ‘rating authority’ means— |
| (a) a county council, | ||
| (b) a city council, or | ||
| (c) a city and county council;”. | ||
| 16 | Definition of “reserved function” | Substitute: “ ‘reserved function’ shall be read in accordance with sections 131 and 131A;”. |
| 17 | After definition of “structure” | Insert: “ ‘transfer date’ has the meaning given in section 23 of the Local Government Reform Act 2014. ”. |
| 18 | Interpretation given to “town council” | Delete. |
| 19 | Section 11 Subsection (8) | Substitute “chief executive” for “manager”. |
| 20 | Subsection (14) | Substitute “chief executive’s order” for “manager’s order”. |
| 21 | Section 14 | Substitute: |
| “14. A person shall not hold membership simultaneously of more than one local authority.”. | ||
| 22 | Section 15 | Insert after subsection (1): |
| “(1A) Subsection (1) applies to a member of a local authority in performing functions as a municipal district member in the same manner as it applies to a member of a local authority in performing functions as a member of a local authority or a member of the council of a local authority.”. | ||
| 23 | Section 18(5) | Substitute: |
| “(5) In relation to a local authority, attendance as a member at a meeting of— | ||
| (a) any committee or joint committee or joint body of the authority, or | ||
| (b) the municipal district members, | ||
| shall be deemed for the purposes of subsection (4) to be attendance at a meeting of the authority.”. | ||
| 24 | Section 20(1) | Substitute: |
| “(1) The acts, decisions and proceedings of a local authority or of the municipal district members shall not be invalidated only because of a vacancy or vacancies in its membership or of the disqualification or want of qualification of any of its members.”. | ||
| 25 | Section 22 | |
| Subsection (1) | Substitute for paragraph (a): “(a) A county council, a city council or a city and county council may by resolution adopt a proposal (in this section referred to as a ‘proposal’) for the alteration of the number of members of that council.”. | |
| 26 | Subsection (2) | Delete “county council or city council” and substitute “county council, city council or city and county council”. |
| 27 | Subsection (3) | Substitute: |
| “(3) Before deciding whether to make an order under subsection (2), the Minister shall request a committee in accordance with section 32 of the Local Government Act 1991 to prepare a report with respect to the application and Part V of that Act applies to such a request and report.”. | ||
| 28 | Subsection (5) | Delete. |
| 29 | Subsection (6) | Substitute: |
| “(6) An application under this section shall not be made to the Minister within 5 years of— | ||
| (a) the commencement of section 15 of the Local Government Reform Act 2014 (which inserts a new Schedule 7 to this Act), or | ||
| (b) the decision by the Minister on any previous application by the local authority concerned, | ||
| whichever is the later.”. | ||
| 30 | Section 25 | |
| Subsection (1) | Substitute for paragraph (c): | |
| “(c) at an election of the members of more than one local authority held at the same local elections, or”. | ||
| 31 | Subsection (1) | Delete paragraph (e). |
| 32 | Subsection (2) | Delete. |
| 33 | Section 27(2) | Substitute for paragraph (r): |
| “(r) election of the same person in more than one local electoral area or to more than one local authority;”. | ||
| 34 | Section 28 | |
| Subsection (1) | Substitute: | |
| “(1) In this section the ‘chief executive’ means— | ||
| (a) in relation to any part of a polling district situated in a city, the chief executive for the city, | ||
| (b) in relation to any part of a polling district situated in a county, the chief executive for the county, | ||
| (c) in relation to any part of a polling district situated in a city and county, the chief executive for the city and county.”. | ||
| 35 | Subsection (2) | Substitute for paragraph (a): |
| “(a) the alteration of the boundary of a local authority, or”. | ||
| 36 | Subsection (2) | Substitute for paragraph (b) (i): |
| “(i) dividing a county, city or city and county into local electoral areas, or”. | ||
| 37 | Subsection (3) | Substitute “chief executive” for “manager”. |
| 38 | Subsection (5) | Substitute “chief executive” for “manager”. |
| 39 | Subsection (6) | Substitute “chief executive” for “manager”. |
| 40 | Subsection (4) | Substitute “county, city or city and county” for “county or city”. |
| 41 | Section 30 | Delete. |
| 42 | Section 31 Subsection (1) | Insert “and the municipal district members” after “each local authority”. |
| 43 | Subsection (2) | Substitute for subsection (2): |
| “(2) The holders of the offices of Cathaoirleach and Leas-Chathaoirleach shall as appropriate be styled— | ||
| (a) in the case of a county council, in the Irish language ‘Cathaoirleach Chontae.......’ and ‘Leas-Chathaoirleach Chontae.......’ followed by the name of the county in Irish, and in the English language ‘Cathaoirleach of the County of.......’ and ‘Leas-Chathaoirleach of the County of.......’ followed by the name of the county in English, | ||
| (b) in the case of a city council, in the Irish language ‘Cathaoirleach Chathair.......’ and ‘Leas-Chathaoirleach Chathair.......’ followed by the name of the city in Irish, and in the English language ‘Cathaoirleach of the City of.......’ and ‘Leas-Chathaoirleach of the City of.......’ followed by the name of the city in English, | ||
| (c) in the case of a city and county council, in the Irish language ‘Cathaoirleach Chathair agus Chontae.......’ and ‘Leas-Chathaoirleach Chathair agus Chontae.......’ followed by the name of the city and county in Irish, and in the English language ‘Cathaoirleach of the City and County of.......’ and ‘Leas-Chathaoirleach of the City and County of.......’ followed by the name of the city and county in English, | ||
| (d) in the case of a municipal district whose area contains the area of a city council dissolved by the Local Government Reform Act 2014, in the Irish language ‘Cathaoirleach Cheantar Cathrach.......’ and ‘Leas-Chathaoirleach Cheantar Cathrach.......’ followed by the name of the municipal district in Irish, and in the English language ‘Cathaoirleach of the Metropolitan District of.......’ and ‘Leas-Chathaoirleach of the Metropolitan District of.......’ followed by the name of the municipal district in English, | ||
| (e) in the case of a municipal district whose area contains the area of a borough council in being (other than in respect of the borough of Kilkenny) immediately before the transfer date as provided for by the Local Government Reform Act 2014, in the Irish language ‘Cathaoirleach Cheantar Buirge.......’ and ‘Leas-Chathaoirleach Cheantar Buirge.......’ followed by the name of the municipal district in Irish, and in the English language ‘Cathaoirleach of the Borough District of.......’ and ‘Leas-Chathaoirleach of the Borough District of.......’ followed by the name of the municipal district in English, | ||
| (f) in the case of a municipal district whose area contains the area of the borough of Kilkenny in being immediately before the transfer date as provided for by the Local Government Reform Act 2014, in the Irish language ‘Cathaoirleach Cheantar Bardasach Chathair Chill Chainnigh’ and ‘Leas-Chathaoirleach Cheantar Bardasach Chathair Chill Chainnigh’ and in the English language ‘Cathaoirleach of the Municipal District of Kilkenny City’ and ‘Leas-Chathaoirleach of the Municipal District of Kilkenny City’, | ||
| (g) in the case of a municipal district to which paragraph (d), (e) or (f) does not apply, in the Irish language ‘Cathaoirleach Cheantar Bardasach.......’ and ‘Leas-Chathaoirleach Cheantar Bardasach.......’ followed by the name of the municipal district in Irish, and in the English language ‘Cathaoirleach of the Municipal District of.......’ and ‘Leas-Chathaoirleach of the Municipal District of.......’ followed by the name of the municipal district in English. | ||
| 44 | Subsections (4) to (7) | Substitute: |
| “(4) (a) The Cathaoirleach of a local authority shall take precedence at all meetings of the local authority. | ||
| (b) The Cathaoirleach of a municipal district shall take precedence at all meetings and proceedings of the municipal district members. | ||
| (5) Anything authorised or required by this Act or otherwise by law to be done by, to or with the Cathaoirleach may where necessary be done by, to or with the Leas-Chathaoirleach of the local authority or the Leas-Chathaoirleach of the municipal district, as the case may be. | ||
| (6) The Cathaoirleach may, where the Leas-Chathaoirleach is unavailable, nominate from among the other members of the local authority or the municipal district members, as the case may be, a member for the purpose of representing the Cathaoirleach at any ceremony or event in that capacity and that member shall be entitled to act in that capacity for such purpose. | ||
| (7) Where a casual vacancy occurs in the office of Cathaoirleach of a local authority or of a municipal district, as the case may be, the Leas-Chathaoirleach shall assume the responsibilities of the office pending the election in accordance with this Part of a Cathaoirleach.”. | ||
| 45 | Section 33(1) | Substitute: |
| “(1) The Cathaoirleach or Leas-Chathaoirleach may resign from that office by notice in writing signed by him or her and delivered to the principal offices of the local authority which, in the case of a municipal district, is the principal offices of the local authority concerned.”. | ||
| 46 | Section 46 | Substitute “chief executive” for “manager”. |
| 47 | Section 48 Subsection (1) | Delete “being a county council or city council”. |
| 48 | Section 49 | Delete. |
| 49 | Section 52 Subsection (5) | Substitute in paragraph (d) “chief executive” for “manager”. |
| 50 | Subsection (9) | Substitute “chief executive” for “manager”. |
| 51 | Part 8 (sections 55 to 62) | Delete. |
| 52 | Section 66 | Insert after subsection (10): |
| “(11) A decision of a local authority to make a charge under subsection (10) is a reserved function. | ||
| (12) The performance by a local authority of functions under this section is subject to the performance by a Local Community Development Committee of so much of those functions as are deemed to have been delegated to the Committee by virtue of section 128B(2).”. | ||
| 53 | Section 68(4) | Substitute in paragraph (b) (ii) “chief executive” for “manager”. |
| 54 | Section 70 | Delete. |
| 55 | Section 71 | Substitute: |
| “ Objective of unified service to the public | ||
| 71. Without prejudice to section 69, the elected members of a local authority, in the performance of functions in respect of the authority as a whole and in respect of municipal districts situated in the county or city and county concerned, shall take such steps as may be practicable to maximise effectiveness and efficiency in all aspects of the operations and services of the local authority, including customer service to the public generally.”. | ||
| 56 | Section 73 | Substitute: |
| “ Saver (functional area) | ||
| 73. Subject to section 72 and Chapter 5 of this Part and to Parts 2 and 3 of the Local Government Reform Act 2014, nothing in this Act affects the definition in any other enactment (however expressed or implied) of the functional area of a local authority for the purposes of a function conferred by that enactment.”. | ||
| 57 | Section 77 | Substitute: |
| “ Library authorities | ||
| 77. Each of the following is a library authority: | ||
| (a) a county council; | ||
| (b) a city council; | ||
| (c) a city and county council; | ||
| and references to ‘library authority’ shall be read accordingly.”. | ||
| 58 | Section 81(1) | Substitute: |
| Definition of “functional area” | “ ‘functional area’ means— (a) a county, or (b) so much of the area of the city and county that does not comprise of the area of a dissolved local authority area of a city council;”. | |
| 59 | Section 84 | Delete. |
| 60 | Part 11 (sections 89 to 95) | Delete. |
| 61 | Section 99 Subsection (2) | Substitute “chief executive” for “manager” in both places where it occurs. |
| 62 | Subsection (3) | Substitute “chief executive” for “manager” in both places where it occurs. |
| 63 | Section 102 Subsection (4) | Substitute “chief executive” for “manager”. |
| 64 | Section 103 Subsection (2) | Substitute in paragraph (a) “chief executive” for “manager”. |
| 65 | Subsection (3) | Substitute “chief executive” for “manager” in each place where it occurs. |
| 66 | Subsection (4) | Substitute “chief executive” for “manager”. |
| 67 | Subsection (6) | Substitute “14 days” for “21 days”. |
| 68 | Section 104 Subsection (3) | Substitute “chief executive” for “manager”. |
| 69 | Subsection (4) | Substitute in paragraph (a) “chief executive” for “manager”. |
| 70 | Subsection (6) | Substitute “chief executive” for “manager”. |
| 71 | Subsection (7) | Substitute “chief executive” for “manager”. |
| 72 | Section 108(3) | Substitute “chief executive” for “manager”. |
| 73 | Section 112(1) | Substitute in paragraph (b) “chief executive” for “manager” in both places where it occurs. |
| 74 | Section 120(4) | Substitute “chief executive” for “manager” in both places where it occurs. |
| 75 | Section 121(1) | Substitute “chief executive” for “manager”. |
| 76 | Section 122(7) | Substitute “chief executive” for “manager”. |
| 77 | Section 129 | Delete. |
| 78 | Section 129I Subsection (5) | Substitute in paragraph (a) “chief executive” for “manager”. |
| 79 | Subsection (5) | Substitute in paragraph (b) “chief executive” for “manager”. |
| 80 | Section 133 Subsection (3) | Substitute “chief executive” for “manager”. |
| 81 | Subsection (4) | Substitute in paragraph (a) “chief executive” for “manager”. |
| 82 | Subsection (5) | Substitute in paragraph (a) “chief executive” for “manager” in both places where it occurs. |
| 83 | Subsection (5) | Substitute in paragraph (b) “chief executive” for “manager”. |
| 84 | Subsection (6) | Substitute in paragraph (a) “chief executive” for “manager” in each place where it occurs. |
| 85 | Subsection (6) | Substitute in paragraph (e) “chief executive” for “manager”. |
| 86 | Subsection (7) | Substitute “chief executive” for “manager”. |
| 87 | Subsection (9) | Substitute “chief executive” for “manager”. |
| 88 | Section 134 Subsection (3) | Substitute “chief executive” for “manager”. |
| 89 | Subsection (4) | Substitute in paragraph (a) “chief executive” for “manager”. |
| 90 | Subsection (4) | Substitute in paragraph (b) (ii) “chief executive” for “manager”. |
| 91 | Subsection (5) | Substitute in paragraph (b) (ii) “chief executive” for “manager”. |
| 92 | Subsection (11) | Substitute in paragraph (a) “chief executive” for “manager”. |
| 93 | Section 135(1) | Substitute “chief executive” for “manager”. |
| 94 | Section 136 | Substitute “chief executive” for “manager” in each place where it occurs. |
| 95 | Section 137 Subsection (1) | Substitute “chief executive” for “manager”. |
| 96 | Subsection (2) | Substitute “chief executive” for “manager”. |
| 97 | Section 138 Subsection (1) | Substitute “chief executive” for “manager”. |
| 98 | Subsection (2) | Substitute “chief executive” for “manager” in both places where it occurs. |
| 99 | Subsection (3) | Substitute “chief executive” for “manager”. |
| 100 | Subsection (4) | Substitute “chief executive” for “manager”. |
| 101 | Subsection (5) | Substitute “chief executive” for “manager”. |
| 102 | Section 139(2) | Substitute “chief executive” for “manager”. |
| 103 | Section 140 Subsection (2) | Substitute “chief executive” for “manager”. |
| 104 | Subsection (3) | Substitute “chief executive” for “manager” in both places where it occurs. |
| 105 | Subsection (4) | Substitute “chief executive” for “manager”. |
| 106 | Subsection (5) | Substitute “chief executive” for “manager”. |
| 107 | Subsection (6) | Substitute “chief executive” for “manager”. |
| 108 | Subsection (9) | Substitute “chief executive” for “manager”. |
| 109 | Section 151 Subsection (1) | Substitute “chief executive” for “manager” in both places where it occurs. |
| 110 | Subsection (2) | Substitute in paragraph (a) “chief executive” for “manager”. |
| 111 | Subsection (2) | Substitute in paragraph (d) “chief executive” for “manager”. |
| 112 | Subsection (3) | Substitute “chief executive” for “manager” in both places where it occurs. |
| 113 | Subsection (4) | Substitute “chief executive” for “manager”. |
| 114 | Subsection (5) | Substitute “chief executive” for “manager” in both places where it occurs. |
| 115 | Subsection (6) | Substitute “chief executive” for “manager” in each place where it occurs. |
| 116 | Subsection (7) | Substitute “chief executive” for “manager” in each place where it occurs. |
| 117 | Subsection (8) | Substitute “chief executive” for “manager”. |
| 118 | Subsection (10) | Substitute “chief executive” for “manager”. |
| 119 | Section 152 Subsection (1) | Substitute “chief executive” for “manager” in both places where it occurs. |
| 120 | Subsection (2) | Substitute “chief executive” for “manager” in each place where it occurs. |
| 121 | Subsection (3) | Substitute “chief executive” for “manager” in both places where it occurs. |
| 122 | After subsection (3) | Insert: |
| “(3A) This section applies to the chief executive of a local authority in respect of meetings of a municipal district of the local authority in the same manner as it applies to meetings of that authority.”. | ||
| 123 | Subsection (4) | Substitute “chief executive” for “manager” in both places where it occurs. |
| 124 | Section 153 Subsection (1) | Substitute “chief executive” for “manager”. |
| 125 | Subsection (2) | Substitute “chief executive” for “manager”. |
| 126 | Section 154 Subsection (1) | Substitute “chief executive” for “manager”. |
| 127 | Subsection (2) | Substitute “chief executive” for “manager” in each place where it occurs. |
| 128 | Subsection (3) | Substitute in paragraph (a) “chief executive” for “manager”. |
| 129 | Subsection (3) | Substitute in paragraph (c) “chief executive” for “manager” in both places where it occurs. |
| 130 | Subsection (4) | Substitute “chief executive” for “manager” in both places where it occurs. |
| 131 | Subsection (5) | Substitute “chief executive” for “manager”. |
| 132 | Subsection (6) | Substitute “chief executive” for “manager”. |
| 133 | Section 159 Subsection (1) | Substitute “chief executive” for “manager”. |
| 134 | Subsection (2) | Substitute “chief executive” for “manager”. |
| 135 | Subsection (3) | Substitute in paragraph (a) “chief executive” for “manager”. |
| 136 | Section 166 Subsection (1) Definition of “employee” | Substitute “chief executive” for “manager”. |
| 137 | Subsection (2) | Substitute in paragraph (a) “chief executive” for “manager” in both places where it occurs. |
| 138 | Section 167 Subsection (1) | Substitute in paragraph (c) “chief executive” for “manager”. |
| 139 | Section 174 Subsection (7) | Substitute “chief executive” for “manager” in each place where it occurs. |
| 140 | Subsection (8) | Substitute in paragraph (b) (ii) “chief executive” for “manager”. |
| 141 | Section 176 Subsection (1) | Substitute “the performance by the local authority concerned, or any municipal district members for that authority, of any functions” for “the performance by the local authority of any of its functions”. |
| 142 | Subsection (2) | Substitute “the performance by the local authority, or by municipal district members, of any functions” for “the performance by the authority of any of its functions”. |
| 143 | Section 179 Subsection (1) | Substitute in paragraph (a) “chief executive” for “manager”. |
| 144 | Subsection (2) | Substitute in paragraph (b) “chief executive” for “manager” in both places where it occurs. |
| 145 | Subsection (2) | Substitute in paragraph (c) “chief executive” for “manager” in both places where it occurs. |
| 146 | Subsection (3) | Substitute “chief executive” for “manager”. |
| 147 | Section 180 Subsection (3) | Substitute for paragraph (a) (i): “(i) a chief executive, it shall be furnished to the Cathaoirleach of the local authority concerned,”. |
| 148 | Subsection (3) | Substitute in paragraph (a) (ii) “chief executive” for “manager”. |
| 149 | Subsection (3) | Substitute in paragraph (a) (iii) “chief executive” for “manager”. |
| 150 | Subsection (3) | Substitute in paragraph (a) (iv) “chief executive” for “manager” in both places where it occurs. |
| 151 | Subsection (3) | Substitute in paragraph (a) (v) “chief executive” for “manager”. |
| 152 | Subsection (4) | Substitute in paragraph (b) “chief executive” for “manager” in both places where it occurs. |
| 153 | Subsection (4) | Substitute in paragraph (c) “chief executive” for “manager”. |
| 154 | Part 17 (sections 185 to 187) | Delete. |
| 155 | Part 18 (sections 188 to 194, inserted by section 48 of the Environment (Miscellaneous Provisions) Act 2011) | |
| Section 188 (as so inserted) Definition of “functional area” | Substitute: “ ‘functional area’ means as respects— (a) a city council, the city, (b) a county council, the county, (c) a city and county council, the city and county;”. | |
| 156 | Definition of “locality” (as so inserted) | Substitute: “ ‘locality’ means a part (other than a town, townland or street) of a county, city, city and county, or town in respect of which a name (other than the name of the county, city, city and county, or town concerned) is in common use;”. |
| 157 | Definition of “non-municipal town” (as so inserted) | Delete. |
| 158 | Interpretation given to “placename” (as so inserted) | Substitute: “ ‘placename’ includes the name of a county, city, city and county, town, village, barony, parish, townland, street or locality, district, region or place, as described in a map produced by Ordnance Survey Ireland;”. |
| 159 | Section 198 | Substitute: |
| Subsection (1) Definition of “functional area” | “ ‘functional area’ means as respects— (a) a city council, the city, (b) a county council, the county, (c) a city and county council, the city and county;”. | |
| 160 | Section 214(5) | Substitute “chief executive” for “manager” in both places where it occurs. |
| 161 | Section 216(1) | Substitute in paragraph (c) “14 days” for “21 days”. |
| 162 | Section 221 Subsection (1) | In paragraph (a) substitute “every local authority” for “, every county council and city council”. |
| 163 | Subsection (1) | In paragraph (a) substitute “the local authority concerned” for “the county council or city council, as the case may be,”. |
| 164 | Subsection (1) | In paragraph (b) substitute “the local authority concerned” for “the county council or city council concerned”. |
| 165 | Subsection (2) | Substitute “local authority” for “county council or city council” in each place where it occurs. |
| 166 | Subsection (2) | In paragraph (b) substitute: |
| “(b) such particulars as are required by sections 48, 66, 66G, 49A(7), 75, 76, 126D(9), 134, 134A(6) and 228;”. | ||
| 167 | Subsection (3) | Substitute: |
| “(3) (a) The adoption by a county council or city council of its annual report is a reserved function. | ||
| (b) The approval of information to be included in an annual report in relation to the performance of functions by municipal district members is a reserved function.”. | ||
| 168 | Subsection (4) | Substitute “local authority” for “county council or city council” in each place where it occurs. |
| 169 | Subsection (5) | Substitute: “(5) An annual report prepared by a county council or a city and county council shall include information in relation to the performance of functions by the municipal district members in respect of each municipal district situated within its county or city and county, as the case may be.”. |
| 170 | Section 223 Subsection (1) | Substitute “local authority” for “county, city or town”. |
| 171 | Section 227 Subsection (1A) | Insert new subsection: “(1A) In subsection (1) the reference to the maritime boundary of a county or city includes, where the context admits, the maritime boundary of a city and county which is the successor authority (within the meaning of the Local Government Reform Act 2014) to a county and to a city, and references in this section to a county or city shall be read accordingly.”. |
| 172 | Subsection (2) | Delete in paragraph (b) “any town or”. |
| 173 | Section 228 Subsection (1) | Delete. |
| 174 | Section 229(3) | Substitute “chief executive” for “manager” in both places where it occurs. |
| 175 | Section 230 | Delete. |
| 176 | Section 231 Subsection (2) | Substitute the following for paragraph (a): “(a) In this subsection ‘the relevant local authorities’ means the local authorities which are liable to provide funds to the joint drainage committee concerned.”. |
| 177 | Subsection (3) | Substitute in paragraph (a) “chief executive” for “manager”. |
| 178 | Section 234(1) | Substitute “chief executive” for “manager”. |
| 179 | Schedule 2 | In column 2, opposite the reference to “administrative county” to substitute the following: |
| “County, and where the other enactment concerned so requires, also includes a reference to a city or to a city and county.”. | ||
| 180 | Schedule 6 | Delete. |
PART 2 Miscellaneous and Consequential Amendments to Local Government Acts 1925 to 2013 (other than to the Local Government Act 2001) and to Certain Pre-1922 Local Government Acts
Section 5(2)
| Regnal Year and Chapter or Number and Year (1) | Short Title (2) | Provision (3) | Amendment or Repeal (4) |
| 34 & 35 Vict., c. 109 | Local Government (Ireland) Act 1871 | Section 12 | Section deleted. |
| 61 & 62 Vict., c. 37 | Local Government (Ireland) Act 1898 | Section 63 | Subsection (2) deleted. |
| 2 Edw. 7, c. 38 | Local Government (Ireland) Act 1902 | Sections 19 and 20 | Sections deleted. |
| No. 35 of 1934 | Limerick City Management Act 1934 | The whole Act | Repealed in so far as it is not repealed. |
| No. 25 of 1939 | Waterford City Management Act 1939 | The whole Act | Repealed in so far as it is not repealed. |
| No. 23 of 1941 | Local Government Act 1941 | Sections 70 and 71 | Sections deleted. |
| No. 24 of 1946 | Local Government Act 1946 | Sections 23, 68 and 94 | Sections deleted. |
| No. 12 of 1955 | City and County Management (Amendment) Act 1955 | Section 10A | In subsection (2) substitute “14 days” for “twenty-one days”. |
| No. 2 of 1970 | Local Government (Rates) Act 1970 | Section 2 | In subsection (5) substitute “city council” for “county borough” and delete subsection (7). |
| No. 42 of 2006 | Local Government (Business Improvement Districts) Act 2006 | Sections 4 and 5 | Sections deleted. |
SCHEDULE 2 Consequential Amendments to Other Acts
Section 5(3)
PART 1 Consequential Amendments to Housing Acts 1966 to 2013
| Number and Year (1) | Short title (2) | Provision (3) | Amendment (4) |
| No. 21 of 1966 | Housing Act 1966 | Section 2(1) Definition of “chief medical officer” | Delete. |
| Definition of “local authority” | Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”. | ||
| Definition of “non-municipal town” | Delete. | ||
| Definition of “reserved function” | Substitute: “ ‘reserved function’ means a reserved function for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”. | ||
| Definition of “rural area” | Delete. | ||
| No. 18 of 1992 | Housing (Miscellaneous Provisions) Act 1992 | Section 1 Definition of “local authority” | Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”. |
| Section 6(1) | Delete in paragraph (a) “, including the corporation of a borough, the council of an urban district and the commissioners of a town”. | ||
| Section 23 | Substitute for subsections (1) and (2): | ||
| “(1) A reference in the Housing Acts 1966 to 2014 to a housing authority is a reference to a local authority and references to the functional area of a housing authority shall be construed accordingly;”. | |||
| Section 23(3) | Delete in paragraph (a) “or (2)”. | ||
| Section 23(5) | Delete. | ||
| No. 33 of 1998 | Housing (Traveller Accommodation) Act 1998 | Section 2(1) | |
| After interpretation given to “body” | Insert: “ ‘chief executive’ means, as respects a local authority, a chief executive as provided for by Chapter 2 of Part 14 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001. | ||
| Definition of “housing authority” | Delete. | ||
| Definition of “manager” | Delete. | ||
| Definition of “relevant housing authority” | Delete. | ||
| Section 5 | Delete. | ||
| Section 6(1) | Substitute “housing authority” for “relevant housing authority”. | ||
| Section 6(3) | Substitute “housing authority” for “relevant housing authority”. | ||
| Section 6(4) | Substitute “housing authority” for “relevant housing authority”. | ||
| Section 6(5) | Substitute “housing authority” for “relevant housing authority”. | ||
| Section 6(6) | Delete. | ||
| Section 7 | Substitute “housing authority” for “relevant housing authority” in each place where it occurs. | ||
| Section 8 | Substitute “a housing authority shall” for “a relevant housing authority shall”. | ||
| Substitute in paragraph (a) “housing authority” for “relevant housing authority” in each place where it occurs. | |||
| Delete paragraph (b). | |||
| Substitute in paragraph (e) “housing authority” for “relevant housing authority”. | |||
| Substitute in paragraph (f) “housing authority” for “relevant housing authority”. | |||
| Section 9 | Substitute “housing authority” for “relevant housing authority” in each place where it occurs. | ||
| Section 10 | Substitute “housing authority” for “relevant housing authority” in each place where it occurs. | ||
| Section 11 | Substitute “chief executive” for “manager” and substitute “housing authority” for “relevant housing authority”. | ||
| Section 12 | Substitute “chief executive” for “manager” where it occurs and substitute “housing authority” for “relevant housing authority” in each place where it occurs. | ||
| Section 13 | Substitute “housing authority” for “relevant housing authority” in each place where it occurs. | ||
| Section 14 | Substitute “chief executive” for “manager” in both places where it occurs and substitute “housing authority” for “relevant housing authority”. | ||
| Section 15 | Substitute “housing authority” for “relevant housing authority” in each place where it occurs. | ||
| Section 16(1) | Substitute “housing authority” for “relevant housing authority”. | ||
| Section 16 | Delete subsections (2) and (3). | ||
| Section 17 | Substitute “housing authority” for “relevant housing authority” in each place where it occurs. | ||
| Section 18(1) | Substitute “housing authorities” for “relevant housing authorities” in each place where it occurs. | ||
| Section 18(2) | Substitute “housing authority” for “relevant housing authority” in each place where it occurs. | ||
| Section 21(1) | Substitute “housing authority” for “local authority”. | ||
| Section 21(2) | Substitute in paragraph (a) “concerned, and” for “concerned,”. | ||
| Section 21(2) | Substitute in paragraph (b) “housing authority” for “local authority” in both places where it occurs and substitute “authority.” for “authority, and”. | ||
| Section 21(2) | Delete paragraph (c). | ||
| Section 21(7) | Delete. | ||
| Section 22(1) | Substitute in paragraph (b) “concerned, and” for “concerned”. | ||
| Section 22(1) | Delete in paragraph (c) “and” after “bodies,”. | ||
| Section 22(1) | Delete paragraph (d). | ||
| Section 22(1) | Substitute “paragraph (a) ” for “paragraphs (a) and (d) ”. | ||
| Section 23 | Substitute “the housing authority concerned has not adopted an accommodation programme” for “an accommodation programme which includes the functional area of that housing authority has not been adopted”. | ||
| Section 24 | Substitute “chief executive” for “manager” in both places where it occurs. | ||
| No. 22 of 2009 | Housing (Miscellaneous Provisions) Act 2009 | Section 2(1) | |
| After meaning given to “Chapter 4 tenancy agreement” | Insert: “ ‘chief executive’ means, as respects a local authority, a chief executive as provided for by Chapter 2 of Part 14 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;”. | ||
| Definition of “housing authority” | Delete. | ||
| Definition of “local authority” | Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”. | ||
| Definition of “manager” | Delete. | ||
| Definition of “reserved function” | Substitute: “ ‘reserved function’ means a reserved function for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”. | ||
| Section 2(2) | Delete. | ||
| Section 16(1) | Delete in paragraph (b) “, or is contained in,”. | ||
| Section 16(4) | Substitute “chief executive” for “manager”. | ||
| Section 16(5) | Substitute “chief executive’s report” for “manager’s report” in both places where it occurs. | ||
| Section 17(1) | Substitute “chief executive” for “manager” in each place where it occurs. | ||
| Section 18(1) | Substitute “chief executive” for “manager”. | ||
| Section 18(3) | Substitute “chief executive” for “manager” and substitute “and the members of the housing authority” for “, the members of the housing authority and the members of any borough council or town council situated in the administrative area of the housing authority”. | ||
| Section 19(6) | Delete. | ||
| Section 22(12) | Substitute “chief executive” for “manager”. | ||
| Section 24(1) | Substitute “chief executive” for “manager”. | ||
| Section 31 | Delete in subsection (2) (bb) “for the functional area concerned”. | ||
| Section 40(1) | Substitute “chief executive” for “manager”. | ||
| Section 40(2) | Substitute for paragraph (a): | ||
| “(a) shall consult the other members of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, and”. | |||
| Section 40(8) | Substitute “chief executive” for “manager”. | ||
| Section 53 | Substitute “chief executive” for “manager” in each place where it occurs. | ||
| Section 56(5) | Substitute “chief executive” for “manager” in both places where it occurs. | ||
| Section 64(3) | Substitute “chief executive” for “manager”. |
PART 2 Consequential Amendments to Local Elections Acts 1974 to 2012, to Electoral Acts 1992 to 2013 and to Local Elections Regulations 1995
Section 5(4)
| Number and Year (1) | Short title (2) | Provision (3) | Amendment (4) |
| No. 8 of 1974 | Local Elections (Petitions and Disqualifications) Act 1974 | Section 1 Subsection (1) Definition of “clerk” | Delete. |
| Definition of “local authority” | Substitute: “ ‘local authority’ means a county, city or city and county council within the meaning of section 2 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;”. | ||
| Subsection (1) | After definition of “local electoral area” insert: | ||
| “ ‘meetings administrator’ has the meaning given to it by section 46 of the Local Government Act 2001;”. | |||
| Definition of “member” | Substitute: “ ‘member’, in relation to a local authority, includes a Cathaoirleach and a Leas-Chathaoirleach;”. | ||
| Definition of “returning officer” | Substitute: “ ‘returning officer’ means a returning officer at a local election;”. | ||
| Definition of “secretary” | Delete. | ||
| Subsection (3) | Delete. | ||
| Section 4(4) | Substitute for paragraph (c): | ||
| “(c) to the returning officer for the relevant local election, | |||
| (ca) to the relevant local authority, and”. | |||
| Section 8(1) | Substitute in paragraph (b) “local electoral area” for “electoral area”. | ||
| Section 14(3) | Substitute “the returning officer for the relevant local election, the relevant local authority” for “the secretary or clerk of the relevant local authority”. | ||
| Section 15 Subsection (1) | Delete “the secretary or clerk of”. | ||
| Subsection (2) | Delete “the secretary or clerk of”. | ||
| Subsection (4) | Substitute “meetings administrator” for “secretary or clerk”. | ||
| Subsection (5) | Delete “the secretary or clerk of”. | ||
| Section 16 | Delete in paragraph (b) “secretary or clerk of the”. | ||
| Section 17 | Substitute “a local electoral area” for “an electoral area” where it first occurs. | ||
| No. 23 of 1992 | Electoral Act 1992 | Section 29 Subsection (1) | Substitute: |
| “(1) Where, following a revision of constituencies a polling district existing immediately prior to such revision is not wholly situate within a new Dáil constituency, the chief executive of the local authority (within the meaning of Chapter 2 (inserted by the Local Government Reform Act 2014) of Part 14 of the Local Government Act 2001), after consultation with the returning officer for such Dáil constituency shall— | |||
| (a) with respect to the part of the polling district situate in the constituency— | |||
| (i) join it or parts of it with any adjoining polling district or districts, or | |||
| (ii) constitute it as a polling district and appoint a polling place for it, | |||
| and | |||
| (b) notify an arrangement made pursuant to this subsection to the Minister.”. | |||
| Subsection (2A) | Delete. | ||
| Subsection (3) | Delete. | ||
| Section 165(1) | Substitute for paragraph (f): | ||
| “(f) the poll at a local election; | |||
| (g) the poll at a plebiscite within the meaning of Part 11 of the Local Government Reform Act 2014.”. | |||
| S.I. No. 297 of 1995 | Local Elections Regulations 1995 | Article 2(1) Definition of “clerk” | Delete. |
| Definition of “local authority” | Substitute: “ ‘local authority’ means a county, city or city and county council within the meaning of section 2 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001 ;”. | ||
| Definition of “local election” | Insert: “ ‘meetings administrator’ has the meaning given to it by section 46 of the Local Government Act 2001;”. | ||
| Definition of “member” | Substitute: “ ‘member’, in relation to a local authority, includes a Cathaoirleach and a Leas-Chathaoirleach;”. | ||
| Definition of “secretary” | Delete. | ||
| Article 2(2) | Delete paragraph (a). | ||
| Article 4 | Substitute: | ||
| “ Returning officer | |||
| (4) The chief executive of a local authority shall assign to an employee of the local authority the duties of returning officer for the election of members of the local authority.”. | |||
| Article 6(3) | Delete. | ||
| Article 15(3) | Substitute: | ||
| “(3) The amount of the deposit shall be €100.”. | |||
| Article 55(6) | Delete. | ||
| Article 124(1) | Substitute “meetings administrator” for “clerk or secretary”. | ||
| Article 125(1) | Substitute “meetings administrator” for “clerk or secretary”. | ||
| No. 25 of 1997 | Electoral Act 1997 | Section 2(1) Definition of “local authority” | Substitute: “ ‘local authority’ means a county, city or city and county council within the meaning of section 2 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;”. |
| No. 7 of 1999 | Local Elections (Disclosure of Donations and Expenditure) Act 1999 | Section 2(1) Definition of “clerk” | Delete. |
| Definition of “electoral area” | Delete. | ||
| Definition of “local authority” | Substitute: “ ‘local authority’ means a county, city or city and county council within the meaning of section 2 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;”. | ||
| Definition of “local authority concerned” | Substitute: “ ‘local authority concerned’ means, subject to section 19H, the local authority to which a candidate seeks or sought election or in whose functional area a local political matter arises;”. | ||
| Definition of “local electoral area” | Substitute: “ ‘local electoral area’ means an area by reference to which a local election is held in accordance with section 23 of the Local Government Act 2001;”. | ||
| Definition of “secretary” | Delete. | ||
| Section 6(4) | Delete in paragraphs (a) and (b) “or an electoral area”. | ||
| Section 8(1) | Delete in paragraph (a) “or in an electoral area”. | ||
| Section 12A Subsection (1) | Substitute for paragraph (a): “(a) Subject to paragraph (c), the aggregate of election expenses which may be incurred by or on behalf of a candidate in connection with his or her candidature at a local election shall not exceed— | ||
| (i) in the case of a local electoral area with a population in excess of 35,000, €13,000; | |||
| (ii) in the case of a local electoral area with a population of between 18,001 and 35,000, €11,500; | |||
| (iii) in the case of a local electoral area with a population of 18,000 or less, €9,750.”. | |||
| Subsection (1) | Delete paragraph (b). | ||
| Subsection (1) | Substitute for paragraph (c): | ||
| “(c) (i) Where a political party authenticates the candidature of a candidate at a local election, the party shall incur 10 per cent of the amount of the election expenses which that candidate is entitled to incur at that election, or such alternative percentage of the amount as may be agreed in writing between the candidate and national agent of the political party. | |||
| (ii) The election expenses which a political party may incur under subparagraph (i) may relate to expenditure in the local electoral area concerned, or otherwise. | |||
| (iii) In the case of a candidate whose candidature is authenticated by a political party at a local election, the national agent of the party may by agreement in writing authorise the designated person of the party to incur such proportion of election expenditure at the election which the candidate is entitled to incur under paragraph (a) as may be agreed in writing between the national agent and the designated person.”. | |||
| Subsection (3) | Substitute “within a local electoral area” for “within an electoral area of a county council, city council, borough council or town council”. | ||
| Subsection (3) | Substitute “in that local electoral area” for “in that electoral area”. | ||
| Section 13(1) | Delete in paragraph (a) (ii) “or electoral area”. | ||
| Section 14 Subsection (1) | Delete “the clerk or secretary of”. | ||
| Subsection (2) | Delete “the clerk or secretary of”. | ||
| Section 17 | Delete “or electoral area”. | ||
| Section 18 Subsection (1) | Delete “the clerk or secretary of”. | ||
| Subsection (3) | Delete “the clerk or secretary of” in both places where it occurs. | ||
| Section 19A | Substitute: | ||
| Definition of “plebiscite” | “ ‘plebiscite’ means— (a) a plebiscite within the meaning of Part 11 of the Local Government Reform Act 2014, or | ||
| (b) in any other case, a poll to ascertain the views or consent of qualified electors within the meaning of section 67(2) of the Local Government Act 1994, in relation to a local political matter;”. | |||
| Section 19G | After section 19G to insert the following section into Part IVA: | ||
| “ Third parties and plebiscite on directly elected mayor for Dublin | |||
| 19H. For the purposes of compliance by a third party with sections 19D, 19F and 19G in respect of a plebiscite to which paragraph (a) of the definition of ‘plebiscite’ in section 19A relates, a reference in sections 19D, 19F and 19G to ‘the local authority concerned’ means Dublin City Council.”. |
PART 3 Consequential Amendments toLocal Government (Multi-Storey Buildings) Act 1988 and to Building Control Act 1990
Section 5(5)
| Number and Year (1) | Short Title (2) | Provision (3) | Amendment (4) |
| No. 29 of 1988 | Local Government (Multi-Storey Buildings) Act 1988 | Section 1(1) Definition of “local authority” | Substitute: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) and a reference to the functional area of a local authority shall be construed accordingly;”. |
| No. 3 of 1990 | Building Control Act 1990 | Section 1(1) Definition of “building control authority” | Substitute: “ ‘building control authority’ has the meaning given to it by section 2(1) ;”. |
| Definition of “functional area” | Delete. | ||
| After interpretation given to “functions” | Insert: “ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);”. | ||
| Section 2(1) | Substitute: “(1) Each local authority shall be a building control authority for the purposes of this Act and references to the functional area of a building control authority shall be construed accordingly.”. | ||
| Section 2(2) | Delete. | ||
| Section 2(3) | Delete. | ||
| Section 20 | Delete. |
PART 4 Consequential Amendments to Planning and Development Act 2000
Section 5(7)
This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.
This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence.
Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.