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
“SCHEDULE 14A
Section 131 and 131A
PART 1
Reserved Functions to be Performed, Subject to Section 131A(4), by Municipal District Members
Reference No. (1) Description of reserved function (2) Provision under which reserved function is conferred (3) 1 Adopting or reverting to the title “Cathaoirleach” and “Leas-Chathaoirleach” and giving to the office of Cathaoirleach or Leas-Chathaoirleach alternative titles. Section 32 and Schedule 8. 2 Removal from office of the Cathaoirleach or Leas-Chathaoirleach. Section 34. 3 Deciding to hold special meetings; appointing days and times of meetings; appointing a regular schedule for the holding of ordinary meetings; appointing different days, times and places for different meetings; appointing the day for holding the annual meeting other than in a year in which a local election is held; making additional arrangements for the giving of public notice of meetings; resolving that a member leave a meeting; making, amending or revoking standing orders; making rules for the purpose of ensuring that appointments to bodies are made fairly and equitably. Section 44 and paragraphs 1, 2, 3, 8, 13, 16 and 19 of Schedule 10. 4 Deciding to meet in committee for whole or part of a meeting where the municipal district members consider that such action is not contrary to the overall public interest. Section 45. 5 Establishing a committee to consider matters connected with the functions of the local authority and to assist and advise the authority on those matters; appointing the members of a committee; and dissolving a committee. Subsections (1) (a), (3) and (4) of section 51. 6 Adoption of statements regarding the economic elements of the local economic and community plan for the consideration of the elected council of the local authority. Section 66C (inserted by section 44 of the Local Government Reform Act 2014). 7 Adoption of statements regarding the community elements of the local economic and community plan for the consideration of the elected council of the local authority. Section 66C (inserted by section 44 of the Local Government Reform Act 2014). 8 Consideration of and making amendments to a draft budgetary plan. Section 102(4A). 9 Consideration and adoption of an annual schedule of proposed works to be carried out in the district. Section 103A. 10 Establishing a community fund for the purposes of supporting community initiatives. Section 109. 11 Adopting a scheme for the making of an annual contribution by the occupier of each dwelling in the area to which the scheme applies towards particular community initiatives specified in the scheme. Section 110. 12 Deciding, subject to the approval of the Minister, that a particular function of the municipal district members should be performed only by the local authority. Section 131A. 13 A decision to pay an allowance for reasonable expenses of Cathaoirleach and Leas-Chathaoirleach and the determination of the amount of the allowance. Section 143. 14 The approval of information to be included in an annual report in relation to the performance of functions by the municipal district members. Section 221. 15 Deciding that a named member leave a meeting or that the member was the cause of the meeting being adjourned. Paragraph 13 of Schedule 10. 16 Deciding to pay certain expenses to non-members of a local authority for attendance at committees or joint committees. Article 9 of the Local Government (Expenses of Local Authority Members) Regulations 1993 (S.I. No. 391 of 1993). 17 The delegation to a designated body of a function (including maintenance) in respect of the management and control of any specified dwellings or the revocation of any such delegation. Section 9 of the Housing (Miscellaneous Provisions) Act 1992. 18 The delegation to a designated body of a function (including maintenance) in respect of the management and control of a dwelling or the revocation of any such delegation. Section 30 of the Housing (Miscellaneous Provisions) Act 2009. 19 Making representations to the Minister in relation to an order made by the Minister closing particular roads to vehicles. Section 94 of the Road Traffic Act 1961. 20 The making of arrangements in relation to school wardens. Section 96 of the Road Traffic Act 1961. 21 Entry into an agreement for the exercise of power under the Local Authorities (Traffic Wardens) Act 1975 by another local authority. Section 7 of the Local Authorities (Traffic Wardens) Act 1975. 22 The making of an order declaring a road to be a public road and consideration of objections or representations in relation to such declaration. Section 11 of the Roads Act 1993, as applied by section 180 of the Act of 2000. 23 The making of an order abandoning a public road and the consideration of objections or representations in relation to a proposal to abandon a public road and the report and any recommendations of a person appointed to conduct an oral hearing. Section 12 of the Roads Act 1993. 24 The making of an order extinguishing a public right of way and the consideration of objections or representations in relation to a proposal to extinguish a public right of way and the report and any recommendations of a person appointed to conduct an oral hearing. Section 73 of the Roads Act 1993. 25 The making of a resolution (pursuant to regulations under section 35(2) (l) of the Road Traffic Act 1994) specifying the places in which vehicles may be parked either indefinitely or for any period not exceeding a specified period. Section 35 of the Road Traffic Act 1994. 26 Making of bye-laws for the control and regulation of the parking of vehicles in specified places on public roads (including provision for the payment of fees for parking) and the consideration of observations or representations in relation to draft bye-laws. Section 36 of the Road Traffic Act 1994. 27 Making of a resolution to determine the manner in which fees in respect of parking shall be disposed of. Section 36 of the Road Traffic Act 1994. 28 The making of a decision to provide or remove prescribed traffic calming measures and the consideration of observations or representations in relation to a proposal to provide or remove such measures. Section 38 of the Road Traffic Act 1994. 29 The making of bye-laws in relation to stands for taxis. Section 84 (as amended by section 15 of the Road Traffic Act 2002) of the Road Traffic Act 1961. 30 Making, or refusing to make, or revocation or amendment of, a tree preservation order. Section 205 of the Act of 2000. 31 Making of bye-laws in relation to the control, regulation, supervision and administration of casual trading. Section 6 of the Casual Trading Act 1995. 32 The extinguishment of a market right. Section 8 of the Casual Trading Act 1995. 33 The making, review, amendment or replacement of a litter management plan. Section 13 of the Litter Pollution Act 1997. 34 Making bye-laws for the purposes of preventing the creation of, and controlling, litter. Section 21 (as amended by section 57 of the Protection of the Environment Act 2003) of the Litter Pollution Act 1997. 35 The making of submissions to a fire authority regarding a proposed indoor event that requires a licence. Section 23 of the Licensing of Indoor Events Act 2003. 36 The approval of a draft bye-law, the consideration of submissions in relation to such draft bye-law and the making, amendment or revocation of a bye-law. Section 199. 37 Adopting, amending or rescinding a resolution concerning the expiry times of a special exemption order. Section 5 (as amended by section 11 of the Intoxicating Liquor Act 2003) of the Intoxicating Liquor Act 1927. 38 Making of bye-laws in respect of the use of temporary dwellings. Section 30 of the Local Government (Sanitary Services) Act 1948. 39 Making an order prohibiting the erection or retention of temporary dwellings. Section 31 of the Local Government (Sanitary Services) Act 1948. 40 Making bye-laws in relation to any national monument of which the local authority is the owner or the guardian. Section 9 of the National Monuments (Amendment) Act 1987. 41 Adopting a proposal to substitute a new placename in respect of a place. Section 189 (as amended by section 48 of the Environment (Miscellaneous Provisions) Act 2011). 42 Deciding to hold a ballot in respect of a proposal to change a placename or deciding not to proceed with the proposal. Section 189 (as amended by section 48 of the Environment (Miscellaneous Provisions) Act 2011). 43 Adopting or rescinding Part III (Licensing for Gaming of Amusement Halls and Funfairs) of Gaming and Lotteries Act 1956. Section 13 of the Gaming and Lotteries Act 1956. 44 Decision to make a charge in relation to amenities, facilities, services or any other thing provided by a local authority under section 66 of the Local Government Act 2001. Section 66. 45 Making of rules in relation to arrangements for attendance and raising of issues by interested persons at meetings. Section 127. PART 2
Reserved Functions that May be Performed under Section 131A(1) (b) in Respect of a Municipal District by Municipal District Members or the Local Authority
Reference No. (1) Description of reserved function (2) Provision under which reserved function is conferred (3) 1 A decision of a local authority to confer a civic honour on a person. Section 74. 2 A decision to enter into arrangements for twinning with any other area. Section 75. 3 A decision to incur reasonable expenditure for or in connection with the provision of receptions and entertainment and the making of presentations. Section 76. 4 Requiring that specified action be taken in accordance with section 127 for the purpose of consultation with the local community. Section 127. 5 Determining the policy of the local authority or the municipal district members. Section 130. 6 Directing that a second legal opinion be obtained by the local authority in relation to the exercise or performance of a reserved function. Section 132. 7 Deciding that a report on the capital programme may be considered at a meeting other than the local authority budget meeting. Section 135. 8 Requiring a chief executive to prepare and submit plans, specifications and an estimate of cost of any particular work specified in a resolution. Section 137. 9 Directing a chief executive to inform the council of the manner in which he or she proposes to perform any specified executive function of the local authority. Section 138. 10 Requesting a member of a local authority to present a report on the activities and operation of another body to which the member is elected, appointed or nominated by that authority. Section 141. 11 Approving a proposal of the chief executive to grant permission for the development of land which would contravene materially the development plan or local area plan. Section 34 (as amended by Schedule 2 to the Local Government Reform Act 2014) of the Act of 2000. 12 A decision in relation to the making, amendment or revocation of a local area plan within the meaning of the Act of 2000. Section 20 (as amended by section 9 of the Planning and Development (Amendment) Act 2002 and section 13 of the Planning and Development (Amendment) Act 2010) of the Act of 2000. 13 The making of an addition to, or a deletion from, a record of protected structures to which Part IV of the Act of 2000 relates. Section 54 of the Act of 2000. 14 Approving, amending or revoking a special planning control scheme. Section 85 and 86 of the Act of 2000. 15 Deciding to vary or modify a proposed local authority own development, or deciding not to proceed with the development. Section 179 of the Act of 2000. 16 Making, or refusing to make an order creating a public right of way over any land. Section 207 of the Act of 2000. 17 Deciding to vary or modify, or not to proceed with, an event proposed to be carried out by a local authority. Section 238 of the Act of 2000. 18 The preparation, making, adoption or variation of a housing services plan, or draft plan. Section 14 of the Housing (Miscellaneous Provisions) Act 2009. 19 The making of a decision in relation to the representation of the views of the local community. Section 64. 20 A decision by a local authority to provide assistance in money or in kind under section 66 for promotion of the interests of the local community. Section 66. 21 A declaration that a body be a recognised association for the purposes of section 128. Section 128. 22 Observations in regard to a preliminary flood risk assessments, a flood hazard map, a flood risk map, or both such maps, a flood risk management plan, and a flood risk management scheme, prepared by the Commissioners of Public Works in Ireland; deciding whether to adopt or otherwise a flood risk management plan; and objection to the issue of a certificate of completion of flood risk management works. Sections 8, 12, 18, 20, 27 and 40 of European Communities (Assessment and Management of Flood Risks) Regulations 2010 (S.I. No. 122 of 2010). 23 Consideration of and observations in regard to a drainage scheme prepared by the Commissioners of Public Works in Ireland. Section 5 of Arterial Drainage Act 1945. 24 Objection to the issue of a certificate of completion of drainage works. Section 13 of Arterial Drainage Act 1945. PART 3
Reserved Functions to be Performed by the Local Authority
Reference No. (1) Description of reserved function (2) Provision under which reserved function is conferred (3) 1 Extending the period of permitted absence from attendance at local authority meetings. Section 18. 2 Adopting a proposal for the alteration of the number of members of certain local authorities. Section 22. 3 Adopting or reverting to the title “Cathaoirleach” and “Leas-Chathaoirleach” and giving to the office of Cathaoirleach or Leas-Chathaoirleach alternative titles. Section 32 and Schedule 8. 4 Removal from office of the Cathaoirleach or Leas-Chathaoirleach or the chairperson of any strategic policy committee. Section 34 (as amended by section 38 of the Local Government Reform Act 2014). 5 Deciding to fix the day or days for the first meetings of the municipal district members for each of the municipal districts within the functional area of the local authority. Paragraph 4 Schedule 10 (as amended by section 57 of the Local Government Reform Act 2014). 6 Deciding to hold special meetings; appointing days and times of meetings; appointing a regular schedule for the holding of ordinary meetings; appointing different days, times and places for different meetings; appointing the day for holding the annual meeting other than in a year in which a local election is held; making additional arrangements for the giving of public notice of meetings; resolving that a member leave a meeting; making, amending or revoking standing orders; and making rules for the purpose of ensuring that appointments to bodies are made fairly and equitably. Section 44 and paragraphs 1, 2, 3, 8, 13, 16 and 19 of Schedule 10. 7 Deciding to meet in committee for whole or part of a meeting where the authority considers that such action is not contrary to the overall public interest. Section 45. 8 Establishing a committee to consider matters connected with the functions of the local authority and to assist and advise the authority on those matters or to perform functions of the authority; appointing the members of a committee; and dissolving a committee. Section 51. 9 Establishing a joint committee of 2 or more local authorities to consider and advise on specified matters, or to perform functions delegated to it, delegating reserved functions to a joint committee and dissolving such a committee. Section 52. 10 Making the integrated local economic and community plan. Section 66C(4) (inserted by section 44 of the Local Government Reform Act 2014). 11 Preparing, reviewing and updating the implementation strategy for the economic elements of the local economic and community plan. Section 66E (inserted by section 44 of the Local Government Reform Act 2014). 12 Entering into an agreement with another local or public authority for the performance by one of the authorities concerned of any function of the other. Section 85. 13 Adopting the draft local authority budget. F3[Section 3 of the Local Government Rates and Other Matters Act 2019]. 14 Determining the annual rate on valuation to be levied. Section 103 (substituted by section 58 of the Local Government Reform Act 2014). 15 Specifying a local electoral area or local electoral areas within the administrative area of the local authority where owners of vacant premises shall be entitled to claim and receive a refund of differing proportion of such rate to that that would otherwise apply to the rest of the administrative area and deciding what proportion of refund shall apply in respect of each of those specified electoral districts. Section 14 (as amended by section 31 of the Local Government Reform Act 2014) of the Local Government Act 1946, section 20 (as so amended) of the Cork City Management Act 1941 and section 71 (as so amended) of the Local Government (Dublin) Act 1930. 16 Adoption of a schedule of proposed works of maintenance and repair to be carried out in a municipal district, if the schedule is not adopted by the municipal district members. Subsection (4) of section 103A (inserted by section 58 of the Local Government Reform Act 2014). 17 Authorising the incurring of additional expenditure and adopting and amending a scheme authorising the chief executive to incur additional expenditure without prior approval of the elected council. Section 104. 18 Requiring the preparation and submission to the local authority members of financial statements. Section 105. 19 A decision to borrow money or to lend money to another local authority. Section 106. 20 Delegation of additional functions to municipal district members or revocation of such delegation. Section 131A (inserted by section 21 of the Local Government Reform Act 2014). 21 Performing, in accordance with regulations, a specified function in place of municipal district members in a particular case or occasion. Section 131A (inserted by section 21 of the Local Government Reform Act 2014). 22 Extending a direction by the Cathaoirleach of a county council, a city council or a city and county council requiring the chief executive to refrain from doing a particular act, matter or thing. Section 133. 23 Approving the corporate plan with or without amendment. Section 134. 24 Adopting the draft local authority service delivery plan. Section 134A (inserted by section 50 of the Local Government Reform Act 2014). 25 Directing that certain works shall not proceed. Section 139. 26 Requiring a particular act, matter or thing to be done or effected in the performance of executive functions of the local authority, other than certain prescribed matters. Section 140. 27 Authorisation by an elected council of one or more of its members to avail of training or attend training events. Subsection (5A) (inserted by section 53 of the Local Government Reform Act 2014) of section 141. 28 Authorising representation of the authority by councillors at a conference, seminar or other meeting or event, or to avail of training or attend training events. Section 142. 29 A decision to pay an allowance for reasonable expenses of Cathaoirleach and Leas-Chathaoirleach and the determination of the amount of the allowance. Section 143. 30 The appointment, suspension or removal of a chief executive by a county council, a city council, or city and county council. Sections 145 and 146. 31 Resolving that disposal of land which is held by a local authority shall be carried out in accordance with terms specified in the resolution, or that it shall not be carried out. Section 183. 32 Making an order to declare an area to be an area of special amenity. Section 202 of the Act of 2000. 33 Making, or refusing to make, or revocation or amendment of, an order designating any area or place as a landscape conservation area. Section 204 of the Act of 2000. 34 The adoption of an annual report under section 221. Section 221. 35 Deciding to hold or to cease to hold membership of an association of local authorities. Section 225. 36 Declaring that another local authority shall be the successor of a specified joint burial board or cemetery joint committee which is to be dissolved. Section 230. 37 Deciding that a named member leave a meeting of a local authority. Paragraph 13 of Schedule 10 (as amended by section 57 of the Local Government Reform Act 2014). 38 Deciding that a named member was the cause of a meeting being adjourned, with a consequential reduction in remuneration and expenses. Paragraph 13 of Schedule 10 (as amended by section 57 of the Local Government Reform Act 2014). 39 Deciding that a named member was the cause of a meeting being adjourned and should be suspended from attendance at meetings, with a consequential cessation of payment of remuneration and expenses for the suspension period imposed, and the early lifting of the suspension. Paragraph 13 of Schedule 10 (as amended by section 57 of the Local Government Reform Act 2014). 40 Deciding to pay certain expenses to non-members of a local authority for attendance at committees or joint committees. Article 9 of the Local Government (Expenses of Local Authority Members) Regulations 1993 (S.I. No. 391 of 1993). 41 Applying to the Minister to make an order under subsection (8) of section 29 of the Local Government Reform Act 2014 that the adjustment period, referred to in that section and applicable to a specified area within the administrative area of the local authority, may be extended by a period not greater than 10 years and stating the length of extension being sought. Section 29(8) of the Local Government Reform Act 2014. 42 Making or amendment of a scheme for the waiver of rates and determination of classes of property in respect of which rates may be paid by instalments. Sections 2 and 4 of the Local Government (Rates) Act 1970. 43 Proposing that the boundary of a county, a city, or a city and county be altered, making a statement of response to such proposal, amending the proposal and deciding to make an application to the Minister for the making of an order altering the boundary. Section 29 of the Local Government Act 1991. 44 Nominating a person to be a candidate at a presidential election. Section 16 of the Presidential Elections Act 1993. 45 Adopting a purchase scheme applying to the sale of dwellings. Section 90 (inserted by section 26 of the Housing (Miscellaneous Provisions) Act 1992) of the Housing Act 1966, as amended by section 183. 46 The making of an agreement between authorities to enable a housing authority to perform any of its housing functions outside its functional area. Section 109 of the Housing Act 1966. 47 The determination of the terms and conditions under which assistance is provided to another housing authority or an approved body. Section 6 of the Housing (Miscellaneous Provisions) Act 1992. 48 Adoption of a policy for the effective performance of functions under section 58(1) of the Housing Act 1966 or an amendment to such a policy. Section 9 of the Housing (Miscellaneous Provisions) Act 1992. 49 The transfer, sale or assignment of mortgages, unless it is the subject of a direction by the Minister. Section 14 of the Housing (Miscellaneous Provisions) Act 1992. 50 The adoption of a traveller accommodation programme or an amendment to, or replacement of, the programme. Section 7 of the Housing (Traveller Accommodation) Act 1998. 51 The making of an appointment to a local traveller accommodation consultative committee. Section 22 of the Housing (Traveller Accommodation) Act 1998. 52 The making and amending of a scheme which determines the order of priority for allocation of affordable houses provided under Part V of the Planning and Development Act 2000. Section 98 of the Act of 2000. 53 Making and amending a scheme that determines the order of priorities for allocation of affordable houses made available for sale under Part 2 of the Housing (Miscellaneous Provisions) Act 2002. Section 8 of the Housing (Miscellaneous Provisions) Act 2002. 54 The making or amendment of an allocation scheme determining the order of priority to be accorded in the allocation of dwellings. Section 22 of the Housing (Miscellaneous Provisions) Act 2009. 55 The making and revocation of a rent scheme providing for the manner in which rents and other charges in respect of dwellings shall be determined. Section 31 of the Housing (Miscellaneous Provisions) Act 2009. 56 The drawing up and adoption of, and the amendment of, an anti-social behaviour strategy. Section 35 of the Housing (Miscellaneous Provisions) Act 2009. 57 The adoption or amendment of a Homelessness Action Plan. Section 40 of the Housing (Miscellaneous Provisions) Act 2009. 58 The adoption of a proposal to designate an apartment complex for the purpose of making the apartments available for sale to the tenants. Section 53 of the Housing (Miscellaneous Provisions) Act 2009. 59 The designation of an apartment complex in accordance with a section 53 proposal. Section 55 of the Housing (Miscellaneous Provisions) Act 2009. 60 The extension of the initial selling period for apartments in a designated apartment complex. Section 56 of the Housing (Miscellaneous Provisions) Act 2009. 61 Functions of a road authority in relation to abandonment of a railway line. Section 21 of the Transport Act 1950. 62 The making of representations by a road authority to the National Roads Authority and to the Minister for Transport regarding a proposed national road alignment. Section 22 of the Roads Act 1993. 63 The making of a scheme for the establishment of a system of tolls in relation to a regional road or a local road, the making of representations to the National Roads Authority in relation to a toll scheme in relation to a national road and the making of an order revoking a toll scheme in relation to a regional road or a local road. Sections 57 and 60 (as amended by sections 271 and 273 of the Act of 2000) of the Roads Act 1993. 64 The making of toll bye-laws in relation to a regional road or a local road. Section 61 (as amended by section 274 of the Act of 2000) of the Roads Act 1993. 65 Entering into an agreement for financing, maintenance, construction and operation of toll roads in relation to a regional road or a local road. Section 63 (as amended by section 275 of the Act of 2000) of the Roads Act 1993. 66 The making of special speed limit bye-laws. Section 9 of the Road Traffic Act 2004. 67 The making of bye-laws to regulate and control skips on public roads and the consideration of objections or representations in relation to the draft bye-laws. Section 72 of the Roads Act 1993. 68 Entering into an agreement with the Commissioners for Public Works in Ireland for the transfer of a bridge over a canal. Section 16 of the Canals Act 1986. 69 The making of a development plan and making or refusing to make a variation of a development plan which for the time being is in force. Sections 9, 12 and 13 of the Act of 2000. 70 The revocation or modification of a permission to develop land if the development to which the permission relates no longer conforms with the provisions of the development plan. Section 44 of the Act of 2000. 71 Making a development contribution scheme. Section 48 of the Act of 2000. 72 Making or amending a supplementary development contribution scheme. Section 49 of the Act of 2000. 73 Deciding to make, subject to variations and modifications, or deciding not to make a draft planning scheme for strategic development zones. Section 169 (as amended by section 51 of the Planning and Development (Amendment) Act 2010) of the Act of 2000. 74 Amending or revoking a planning scheme for strategic development zones. Section 171 of the Act of 2000. 75 Adoption by a planning authority of a code of conduct for dealing with conflicts of interest and promoting public confidence in the integrity of the conduct of its business. Section 150 of the Act of 2000. 76 Making or terminating of an agreement by two or more planning authorities for sharing the cost of performing functions under the Planning and Development Act 2000. Section 244 of the Act of 2000. 77 Directing the manner in which a list of the planning applications received shall be made available to the members of a planning authority. Article 27 (inserted by the Planning and Development Regulations 2006 (S.I. No. 685 of 2006)) of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001). 78 Directing the manner in which a list of planning applications in respect of which decisions were given shall be made available to the members of a planning authority. Article 32 (inserted by the Planning and Development Regulations 2006) of the Planning and Development Regulations 2001. 79 Examining and considering a drainage scheme sent to a county council by the Commissioners of Public Works and providing observations to the Commissioners in regard to such scheme. Section 5 of the Arterial Drainage Act 1945 and section 5 of the Arterial Drainage (Amendment) Act 1995 80 The consideration of a report on proposed coast protection works and the making of a declaration for the promotion of a coast protection scheme, the consideration of a report by the Commissioners of Public Works and the making of a declaration on the preparation and execution of a coast protection scheme, the making of a declaration that a coast protection scheme is or is not to be proceeded with and the making of an objection to the issue of a certificate of completion. Sections 2, 5, 8, 10 and 18 of the Coast Protection Act 1963. 81 The making of an agreement by a fire authority to provide services for, or avail of the services of, any body or person other than a fire authority and the making of an agreement between fire authorities for the purpose of any of their functions. Section 10 of the Fire Services Act 1981. 82 The making and revision by a fire authority of a plan for fire and emergency operations. Section 26 of the Fire Services Act 1981. 83 The making of a financial contribution by a local authority to support or assist any person, or body of persons, engaged, or proposing to engage, in any research, survey or investigation into the nature and extent, the cause and effect, and the prevention or limitation, of air pollution or in any educational programme relating to such matters. Section 18 of the Air Pollution Act 1987. 84 The making, revoking or amending by a local authority of a special control area order to prevent or limit air pollution and the giving of consent to the making of such an order by any other local authority. Section 39 of the Air Pollution Act 1987. 85 Entry into an agreement with the Environmental Protection Agency to exercise or perform any function or service on behalf of the Agency. Section 45 of the Environmental Protection Agency Act 1992. 86 The making, review, variation or replacement by a local authority of an air quality management plan. Section 46 of the Air Pollution Act 1987. 87 The making, revision or replacement by a local authority of a water quality management plan. Section 15 of the Local Government (Water Pollution) Act 1977. 88 The making by a local authority of a contribution to the funds of a person engaged in or proposing to engage in research, surveys or investigations in relation to water pollution. Section 29 of the Local Government (Water Pollution) Act 1977. 89 The making by a local authority of bye-laws in relation to a harbour under its control or management, including bye-laws with respect to the use of, and the safety of navigation within, a harbour and generally with respect to the regulation of a harbour, and for the purpose of enabling it to impose charges. Section 89 of the Harbours Act 1996 and section 199. 90 The making by a local authority of bye-laws declaring all or any part of its functional area to be a control area where it is satisfied that horses in that area should be licensed. Sections 13 and 17 of the Control of Horses Act 1996. 91 The making of bye-laws providing certain exemptions in relation to a horse licence. Sections 13 and 19 of the Control of Horses Act 1996. 92 The entering by a local authority into arrangements with another local authority, or any termination thereof, in relation to the application for and the granting of horse licences on its behalf. Sections 13 and 20 of the Control of Horses Act 1996. 93 The making, replacement or revision of a water services strategic plan, an application to the Minister for an extension of not more than 3 months after the latest date for the making of a water services strategic plan, and approving a joint plan, by a water services authority. Section 36 of the Water Services Act 2007. 94 The making of bye-laws, for the purpose of preventing or eliminating the entry of polluting matter to waters, prohibiting the carrying on of a specified activity. Section 21 of the Local Government (Water Pollution) (Amendment) Act 1990. 95 The establishment of environmental objectives and the establishment of a programme of measures in order to achieve those objectives in relation to each river basin district. Article 12 of the European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003). 96 The making and updating of a river basin management plan. Article 13 of the European Communities (Water Policy) Regulations 2003. 97 The making of bye-laws in relation to presentation of waste for collection. Section 35 of the Waste Management Act 1996. 98 The adoption of a library development programme. Section 78. 99 Entry by a local authority into an agreement for the Health Service Executive to perform a function on the authority’s behalf. Section 8 of the Health Act 2004. 100 The making or revoking of a determination for the provision of meals for children attending a national school situated outside the authority’s functional area. Section 274 of the Social Welfare (Consolidation) Act 1981. 101 The making by a city council of a scheme in relation to the provision of meals (other than meals in national schools). Section 279 of the Social Welfare (Consolidation) Act 1981. 102 The making of a decision to provide a public abattoir. Section 19 of the Abattoirs Act 1988. 103 The making of a scheme dividing a county or city into polling districts and appointing a polling place for each polling district and an appointment of an alternative polling place for a polling district in a scheme for the time being in force. Section 28 (as amended by section 2 of the Electoral (Amendment) Act 1996) of the Electoral Act 1992. 104 Entry into arrangements under section 15(2) or 15(3) of the Control of Dogs Act 1986and the granting of assistance (other than the provision of services of staff) under section 15(4) of that Act. Section 15 (as amended by section 6 of the Control of Dogs (Amendment) Act 1992) of the Control of Dogs Act 1986. 105 The making of bye-laws relating to control of dogs. Section 17 (inserted by section 211) of the Control of Dogs Act 1986. 106 Where regulations provide for the issue of polling information cards by a local authority, a decision to issue them. Section 27. 107 The passing by a local authority of a resolution that the basic rate of local property tax should stand varied (either upwards or downwards) by a specified percentage in respect of relevant residential properties situated in the local authority’s functional area. Section 20 of the Finance (Local Property Tax) Act 2012. 108 Establishing, dissolving or replacing a local community development committee. Section 49A (inserted by section 36(1) of the Local Government Reform Act 2014). 109 Appointment of members of a local community development committee. Section 128D (inserted by section 36(2) of the Local Government Reform Act 2014). 110 Approving a local and community development programme. Section 128B (inserted by section 36(2) of the Local Government Reform Act 2014). 111 Adoption of an implementation plan setting out the steps to be taken in respect of a report of the National Oversight and Audit Commission. Section 126D (inserted by section 61(1) of the Local Government Reform Act 2014). 112 Adoption of a statement indicating the actions already taken or planned to be taken by the chief executive to carry out the directions of the council in relation to the exercise and performance of the reserved functions are not sufficient, stating the reasons for such opinion. Section 132 (inserted by section 47 of the Local Government Reform Act 2014). 113 The adoption of a Framework for Public Participation in Local Government. Section 127 (inserted by section 46 of the Local Government Reform Act 2014). ”.
SCHEDULE 4 Consequential Provisions Relating to Local Authorities
Definition (Schedule 4).
In this Schedule “relevant day or date” means the 2014 establishment day or the transfer date, as the circumstances require.
Transfer of assets.
(1) All assets, whether real or personal (including choses-in-action) which, immediately before the relevant day or date, were vested in or belonged to or were held in trust for a dissolved authority and all rights, powers, licences and privileges relating to or connected with any such assets shall, on the relevant day or date, without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company, be transferred to and become and be vested in or the property of or held in trust for (as the case may require) the successor authority to such dissolved authority for all the estate, term or interest for which the same, immediately before their dissolution, was vested in or belonged to or was held in trust for such dissolved authority but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.
- (2) Any asset transferred by this paragraph which, immediately before the relevant day or date, was standing in the books of any bank or was registered in the books of any bank, corporation, or company in the name of a dissolved authority shall, upon the request of the successor authority to which such asset was transferred, at any time on or after the relevant day or date, be transferred in such books by such bank, corporation or company into the name of that successor authority.
- (3) On and from the relevant day or date, every chose-in-action transferred in accordance with the provisions of this paragraph may be sued upon, recovered or enforced by the successor authority to which it was transferred in its own name, and it shall not be necessary for that authority to give notice to the person bound by such chose-in-action of the transfer effected by this paragraph.
Transfer of liabilities.
(1) Every debt and other liability (including stock and mortgage debts, and unliquidated liabilities arising from torts or breaches of contract) which immediately before the relevant day or date was owing and unpaid or had been incurred and was undischarged by a dissolved authority, shall, on that day or date become and be the debt or liability of the successor authority to the dissolved authority and shall be paid or discharged by and may be recovered from or enforced against the successor authority.
- (2) Every debt the liability for which is transferred by this paragraph shall, on and after the relevant day or date, be charged on the local fund and the county rate of the successor authority to the dissolved authority.
- (3) A dissolution under this Act does not invalidate or otherwise affect any payable order or cheque issued by a dissolved authority and which is not presented for payment before the relevant day or date or any permission or other authority given by a dissolved authority for the payment of the amount of a paying order, and the successor authority shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the relevant day or date.
Transfer of staff.
(1) (a) Subject to clause (b) every person who, immediately before the relevant day or date, as the case may be, was a member of the staff of a dissolved authority shall, on such day or date become and be a member of the staff of the relevant successor authority.
- (b) Every person who, immediately before the relevant day or date, as the case may be, was a fixed-term employee of a dissolved authority shall, on such day or date, become and be a fixed-term employee of the relevant successor authority for the duration of his or her contract of employment.
- (c) Nothing in this paragraph shall be read as affecting the provisions of Public Service Management (Recruitment and Appointments) Act 2004 that relate to the redeployment of staff of a dissolved authority.
- (2) Except in accordance with a collective agreement negotiated with a recognised trade union or staff association concerned a person referred to in subparagraph (1) shall not, on the relevant day or date, as the case may be, be brought to less beneficial terms and conditions of service (including those relating to tenure of office) or of remuneration than the terms and conditions of service (including those relating to tenure of office) or of remuneration to which he or she was subject immediately before such day or date.
- (3) In subparagraph (2), a reference to terms and conditions of remuneration does not include conditions in relation to superannuation.
- (4) In relation to a person referred to in subparagraph (1), previous service with the dissolved authority from which the person was transferred shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following:
- (a) the Redundancy Payments Acts 1996 to 2011;
- (c) the Act of 2003;
- (e) the Terms of Employment (Information) Acts 1994 to 2012;
- (f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;
- (g) the Unfair Dismissals Acts 1977 to 2007;
- (h) the Maternity Protection Acts 1994 and 2004;
- (i) the Parental Leave Acts 1998 and 2006;
- (j) the Adoptive Leave Acts 1995 and 2005;
- (k) the Carer’s Leave Act 2001.
- (5) Any superannuation benefits awarded to or in respect of a person transferred in accordance with this paragraph, and the terms and conditions relating to those benefits, shall be no less favourable than those applicable to or in respect of the person immediately before the commencement of this Act.
- (6) In this paragraph—
“Act of 2003” means the Protection of Employees (Fixed-Term Work) Act 2003;
“contract of employment” has the same meaning as it has in the Act of 2003;
“fixed-term employee” has the same meaning as it has in the Act of 2003;
“public service body” has the same meaning as it has in section 3(1) of the Ministers and Secretaries (Amendment) Act 2011;
“recognised trade union or staff association” means a trade union or staff association recognised by the Minister for the purpose of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees;
“previous service with the dissolved authority” includes an entitlement in respect of any service for which the dissolved authority is duly accountable.
Preservation of continuing contracts.
Every bond, guarantee or other security of a continuing character made or given by a dissolved authority to another person or by any person to any dissolved authority and in force immediately before the relevant day or date and every contract or agreement in writing made between any dissolved authority and another person and not fully executed and completed before the relevant day or date shall, notwithstanding the dissolution of the authority concerned, continue in force on and after the relevant day or date but shall be construed and have effect as if the name of the successor authority to the dissolved authority were substituted therein for the name of that dissolved authority, and such security, contract or agreement shall be enforceable by or against the successor authority accordingly.
Saving for certain acts and resolutions.
(1) Nothing in this Act shall affect the validity of any act that was done before the relevant day or date by or on behalf of a dissolved authority.
- (2) Without prejudice to the generality of subparagraph (1) —
- (a) any resolution passed, order made or notice given or served, by a dissolved authority before the relevant day or date, the operation, effect or terms of which had not on that day or date ceased or expired shall, in so far as it is not inconsistent with this Act or any order or regulations made thereunder, continue in force and have effect after that day or date as if it were a resolution passed, order made or notice given or served by the successor authority on the date on which the resolution, order or notice, as the case may be, was actually passed, made, given or served by the dissolved authority and as if the functions of the dissolved authority were, on that day or date, performable by the successor authority,
- (b) any thing done, or treated by virtue of any enactment as having been done, by, to or in relation to a dissolved authority before the relevant day or date in the exercise or performance of or by such authority of any of its functions shall, on and after the relevant day or date and in so far as it is not inconsistent with this Act or any order or regulations made thereunder, be treated as having been done, by, to or in relation to the successor authority concerned,
- (c) any reference in a document to a dissolved authority and to which subparagraph (3) relates shall, on and after the relevant day or date, be construed as a reference to the successor authority concerned.
- (3) In this paragraph “thing” includes—
- (a) any written agreement or other instrument in writing or any scheme, plan, statement, policy, determination, declaration, undertaking, made or adopted by or on behalf of, or to be treated as having been made or adopted by or on behalf of, a dissolved authority,
- (b) any direction given, revocation made, or to be treated as having been given or made, by or to a dissolved authority,
- (c) any lease, licence, way-leave, permit, certificate, permission, consent, approval, authorisation, exemption, relaxation, acknowledgment or dispensation, whether (where appropriate) relating to land or otherwise, granted or given, or to be treated as having been granted or given, by or to a dissolved authority,
- (d) any application, proposal or objection made, or to be treated as having been made, by or to a dissolved authority,
- (e) any condition or requirement imposed, or to be treated as having been imposed, or any notice served or to be treated as having been served, by or on a dissolved authority.
- (4) Subparagraphs (2) and (3) shall be interpreted as illustrative and not as restrictive.
Continuance of bye-laws, rules and regulations.
Every bye-law, rule and regulation lawfully made by a dissolved authority and in force immediately before the relevant day or date shall, on or after that day or date, so far as it is not inconsistent with this Act or any order or regulation made thereunder and so far as it relates to the administrative area of the successor authority to the dissolved authority or part of that area, continue in force and have effect as a bye-law, rule or regulation made by that successor authority to the dissolved authority in respect of the area for and in respect of which the bye-law, rule or regulation was actually made by the dissolved authority and, accordingly, every such bye-law, rule or regulation may be continued, amended or revoked, and any penalties or forfeitures arising thereunder, before or after the relevant day or date, may be recovered and enforced by that successor authority in the like manner and as fully as the same could have been continued, amended, revoked, recovered or enforced by the dissolved authority as if sections 17 and 24 had not come into force.
Continuation of development plans.
The development plans for the administrative area of a dissolved authority so far as they applied and had effect as regards that area immediately prior to the relevant day or date shall, on and from that day or date, be deemed to have been made by the successor authority to the dissolved authority and be development plans for that area as if the functions of the dissolved authority were, on the date on which that plan had been duly made by that dissolved authority, performable by the successor authority.
Admissibility in evidence of documents of dissolved authorities.
(1) All books and other documents directed or authorised by or under any enactment to be kept by a dissolved authority and which, immediately before the relevant day or date, would be receivable in evidence shall, notwithstanding the dissolution of such authority, be admitted in evidence on or after the relevant day or date as fully as if this Act had not been enacted.
- (2) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any enactment to be kept by a dissolved authority would, if verified in a particular manner by a particular officer of such dissolved authority, have been admissible immediately before the relevant day or date as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if verified in such particular manner by the chief executive of the successor authority concerned or by an officer of that successor authority (whose official position it shall not be necessary to prove) authorised by the chief executive in that behalf, be admitted, on or after the relevant day or date, as evidence of such contents to the same extent as such first-mentioned extract or certificate would have been so admitted if this Act had not been enacted.
Audit of accounts.
(1) In respect of the local financial year in which the relevant day or date occurs—
- (a) the accounts of each authority to be dissolved shall continue to be maintained by the authority concerned until it is dissolved, and
- (b) with effect from the relevant day or date, the accounts of a dissolved authority shall be amalgamated with the accounts of the successor authority and be maintained by the successor authority as if the dissolved authority had been dissolved at the commencement of that year,
and, accordingly, the accounts of the successor authority to be audited for that year shall include the matters to which clause (b) relates and those accounts shall be so audited.
- (2) Until the audit required by subparagraph (1) is completed, any employee of a dissolved authority whose duty it is to make up any accounts of or to account for any portion of the income and expenditure of the dissolved authority and every member of a dissolved authority shall, for the purposes of the audit and so far as is practicable, be deemed to continue in office and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as if this Act had not been passed.
Continuance of pending legal proceedings.
In any action, suit, prosecution or other legal proceeding which was pending immediately before the relevant day or date in any court or tribunal and to which a dissolved authority was a party, the successor authority to that dissolved authority shall on the relevant day or date become and be a party or parties in the place of the dissolved authority and that successor authority shall accordingly be substituted for such dissolved authority and every such proceeding shall be continued between that successor authority and the other parties to those proceedings, and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of the dissolved authority.
Adoptive Acts.
(1) Where any enactment has been adopted by a dissolved authority in respect of the whole or a specified part of its administrative area and the authority had not rescinded such adoption the enactment shall, on and after the relevant day or date, be deemed to have been adopted by the successor authority to the dissolved authority in respect of the area for and in respect of which the same was actually adopted by the dissolved authority and for the purposes of this paragraph that successor authority shall be deemed to have had power to adopt the enactment.
- (2) Where any enactment is deemed to have been adopted pursuant to subparagraph (1) such adoption may at any time be rescinded by resolution of the successor authority concerned in respect of all or part of its administrative area.
Local Acts.
Every local Act in force immediately before the relevant day or date in, or in relation to, all or any part of the administrative area of a dissolved authority shall, on and after such day or date and so far as it is consistent with the provisions of this Act or any order or regulations made under this Act, be in force in, or in relation to, such part or parts of the administrative area of the successor authority to such dissolved authority as correspond to the area in or in relation to which such Act was in force on such day or date.
Money due in respect of rates or rent.
(1) Without prejudice to subparagraph (2), all rates, rent, and other money which immediately before the relevant day or date are due and payable to a dissolved authority shall on and after that day or date become due and be payable to the successor authority concerned and any such rates, rent and money may be collected and recovered by or on behalf of that successor authority in like manner as they could be collected or recovered by or on behalf of the dissolved authority if this Act had not been enacted.
- (2) All rates, rent and other money which immediately before the relevant day or date are accruing due to a dissolved authority shall on and after that day or date accrue and be deemed always to have accrued due to the successor authority concerned, and where any such rate, rent or money becomes due and payable the same shall be due and payable to and may be collected and recovered by or on behalf of such successor authority in like manner as it could have been collected or recovered by or on behalf of the dissolved authority if this Act had not been enacted.
- (3) Every rate collector of a dissolved authority who is in office as such rate collector immediately before the relevant day or date shall, on and after that day or date unless or until the successor authority to the dissolved authority otherwise directs, collect and recover on behalf of such successor all rates which immediately before that day or date were due and payable to or were accruing due to such dissolved authority and had been given in charge to such rate collector for collection.
- (4) For the purposes of this paragraph, the amount of rent payable to a successor authority by a person who was a tenant of a dwelling let by a dissolved authority shall, on the relevant day or date be determined for the period commencing on that day or date and ending on F4[30 June 2015], in accordance with the rent scheme operated by the dissolved authority under section 58 of the Housing Act 1966 in respect of its dwellings immediately before that day or date.
Valuation lists.
(1) The valuation list applicable to a successor authority on the relevant day or date shall be—
- (a) except where clause (b) applies, the valuation list (including any revisions) relating to the dissolved authorities concerned last before that day or date as relates to the area comprised in the county or city and county concerned, or
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