S.I. No. 573/2014 - Local Government Act 1991 (Regional Assemblies) (Establishment) Order 2014

• (i) a 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 regional assembly,

• (ii) any direction given, revocation made, or to be treated as having been made, by or to a dissolved regional assembly,

• (iii) any lease, licence, way-leave, permit, certificate, permission, consent, approval, authorisation, exemption, relaxation, acknowledgement 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 regional assembly,

• (iv) any application, proposal or objection made, or to be treated as having been made, by or to a dissolved regional assembly, and

• (v) 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 regional assembly.

(b)“relevant successor regional assembly” with respect to a dissolved regional authority means a regional assembly specified in column (2) of Schedule 4 opposite the mention in column (1) of Schedule 4 of the dissolved regional assembly which was the successor to that dissolved regional authority under the Local Government Act 1991 (Regional Authorities) (Amendment) Order 2014 ( S.I. No. 228 of 2014 ).

Documents of dissolved regional assemblies

(17)(a) All books and other documents directed or authorised by or under any statute or statutory instrument or contract to be kept by a dissolved regional assembly shall be kept by the relevant successor regional assembly provided for by Article 62.

• (b) All such books and other documents which, immediately before the 2015 establishment day, would be receivable in evidence shall, notwithstanding the dissolution of a regional assembly be admitted in evidence after the 2015 establishment day as fully as if the regional assembly had not been dissolved.

Continuance of pending legal proceedings

• (18) In any action, suit, prosecution or other legal proceeding which was pending immediately before the 2015 establishment day in any court or tribunal and to which a dissolved regional assembly was a party, the relevant successor regional assembly provided for by Article 62 to that dissolved regional assembly shall on the 2015 establishment day become and be a party in the place of the dissolved regional assembly and that successor regional assembly shall, accordingly, be substituted for such dissolved regional assembly and every such proceeding shall be continued between that successor regional assembly 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 regional assembly.

Money due

(19)(a) Without prejudice to subparagraph (b), all money which immediately before the 2015 establishment day is due and payable to a dissolved regional assembly shall on and after that day become due and payable to the relevant successor regional assembly provided for by Article 62 and any such money may be collected and recovered by or on behalf of that successor regional assembly in like manner as they could be collected or recovered by or on behalf of the dissolved regional assembly if this Order had not come into operation.

• (b) All money which immediately before the 2015 establishment day is accruing due to a dissolved regional assembly shall on and after that day accrue and be deemed always to have accrued due to the relevant successor regional assembly provided for by Article 62, and where any such 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 regional assembly in like manner as it could have been collected or recovered by or on behalf of the dissolved regional assembly if this Order had not come into operation.

Revocation of Orders

• (a) Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999 ( S.I. No. 226 of 1999 ),

• (b) Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999, (Amendment) Order 2000 ( S.I. No. 230 of 2000 ),

• (c) Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999, (Amendment) Order 2006 ( S.I. No. 690 of 2006 ),

• (d) Local Government Act 1991 (Regional Authorities) (Amendment) Order 2014 ( S.I. No. 228 of 2014 ).

SCHEDULE 1 Title, Constitution, Members and Headquarters of Regional Assembly

Articles 4 and 5

SCHEDULE 2 Method of Election of Cathaoirleach and Leas-Chathaoirleach of Regional Assembly

Article 16

The following provisions shall apply and have effect in respect of the election of a Cathaoirleach and Leas-Chathaoirleach of a regional assembly—

• (a) the proceedings shall begin by a member or members of the assembly being proposed and seconded by other members of the assembly, and every person so proposed and seconded, and no other person, shall be a candidate;

• (b) where there is only one candidate, such candidate shall be deemed to be elected;

• (c) where there are more than two candidates, a poll shall be taken;

• (d) if at such poll a majority of the members of the assembly present vote for any particular candidate, such candidate shall be elected;

• (e) if at such poll no candidate received the votes of a majority of the members of the assembly present, the candidate receiving the least number of votes shall be excluded from the election and, subject to the provisions of subparagraph (g), one or more further polls (according as may be necessary) shall be taken;

• (f) subparagraphs (d) and (e) shall apply in relation to such further poll or polls;

• (g) where there are only two candidates or where, as a result of one or more polls, all the candidates except two have been eliminated, the question as to which of such candidates shall be elected shall be put to the members of the assembly present and whichever of such candidates receives the greater number of votes on such question shall be elected;

• (h) if because of an equality of votes given to two or more candidates any question arises as to which of such candidates is to be eliminated or as to which of such candidates is to be elected, such question shall be decided by lot;

• (i) in deciding any such question by lot, the names of the candidates concerned shall be written on similar slips of paper, the slips shall be folded so as to prevent identification and mixed and drawn at random, and the candidate whose name is first drawn shall, where the question concerns an elimination, be the candidate who is to be eliminated or, where the question concerns an election, be the candidate who is to be elected.

SCHEDULE 3 Strategic Planning Areas

Article 42

SCHEDULE 4 Dissolved and Successor Regional Assemblies

Article 62

GIVEN under the Official Seal of the Minister for the Environment, Community and Local Government

15 December 2014.

ALAN KELLY,

Minister for the Environment, Community and Local Government.

The Minister for Public Expenditure and Reform hereby consents to the foregoing Order.

GIVEN under the Official Seal of the Minister for Public Expenditure and Reform

16 December 2014.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order provides for the establishment of 3 regional assemblies with a broad range of functions including in relation to assistance from the EU, functions under the Planning and Development Act 2000 (No. 30 of 2000) and in relation to the National Oversight and Audit Commission. The Order provides for the constitution, membership, meeting procedures, administration, finance, staffing and other matters relating to the operation of the new assemblies.

It also provides for the dissolution of the Southern and Eastern and Border, Midland and Western Regional Assemblies, established by the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999 ( S.I. No. 226 of 1999 ), and the appointment of the 3 new regional assemblies as their successors. The Order makes a number of provisions to facilitate the transfer of staff, assets, and liabilities to the successor assemblies as well as addressing other matters related to the dissolution of the regional assemblies.