LOCAL GOVERNMENT ACT 2019
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.
7 amending acts · 2024-10-17, PLANNING AND DEVELOPMENT ACT 2024
Act to provide for the transfer of part of the administrative area of the council of the county of Cork to the administrative area of the council of the city of Cork; to provide for the abolition of the positions of chief executive of the council of the city of Galway and chief executive of the council of the county of Galway and the establishment of the position of chief executive of both of those councils; for those purposes to amend the Local Government Act 1991, the Local Government Act 2001 and the Valuation Act 2001; and to provide for matters connected therewith.
- (b) in section 11 (inserted by section 12 of the Planning and Development (Amendment) Act 2018), by the insertion of the following paragraphs in subsection (1):
“(aa) Subject to paragraph (b) and notwithstanding paragraph (a), the council of the city of Cork shall, not later than 4 years (or such longer period, not exceeding 5 years, as the Minister may specify by order) after the making of a development plan, give notice of its intention to review its existing development plan and to prepare a new development plan for its area.
(ab) Subject to paragraph (b) and notwithstanding paragraph (a), the council of the county of Cork shall, not later than 4 years (or such longer period, not exceeding 5 years, as the Minister may specify by order) after the making of a development plan, give notice of its intention to review its existing development plan and to prepare a new development plan for its area.”.
38. Amendment of section 3 of Valuation Act 2001
38. Section 3 (amended by paragraph (d) of section 2 of the Valuation (Amendment) Act 2015) of the Valuation Act 2001 is amended, in paragraph (g) of the definition of “material change of circumstances”, by the insertion of “(other than in accordance with the Local Government Act 2019)” after “another rating authority”.
PART 6 Plebiscites on Direct Election of Mayors
39. Interpretation
39. F1[…]
40. Plebiscite
40. F2[…]
41. Regulations
41. F3[…]
42. Electoral offences
42. F4[…]
43. Persons entitled to vote at a plebiscite
43. F5[…]
44. Report to Houses of Oireachtas
44. F6[…]
45. Costs of holding plebiscites
45. F7[…]
46. Amendment of Electoral Act 1992
46.F8[…]
PART 7 Miscellaneous
47. Amendment of section 32 of Official Languages Act 2003
47. (1) Section 32 of the Official Languages Act 2003 is amended—
- (a) in the Irish text, by the substitution of the following subsection for subsection (2):
- “(2) Ní dhéanfaidh an tAire ordú faoin alt seo i leith áit lena mbaineann ordú faoi fho-alt (3) d’alt 192 (a cuireadh isteach le halt 48 den Acht Comhshaoil (Forálacha Ilghnéitheacha), 2011) den Acht Rialtais Áitiúil, 2001.”,
and
- (b) in the English text, by the substitution of the following subsection for subsection (2):
- “(2) The Minister shall not make an order under this section in respect of a place to which an order under subsection (3) of section 192 (inserted by section 48 of the Environment (Miscellaneous Provisions) Act 2011) of the Local Government Act 2001 applies.”.
- (2) Section 49 of the Environment (Miscellaneous Provisions) Act 2011 is repealed.
48. Amendment of Building Control Act 2007
48. The Building Control Act 2007 is amended—
- (a) in paragraph (a) of the definition of registration body in subsection (1) of section 2, by the substitution of “Royal Institute of the Architects of Ireland” for “Royal Institute of Architects of Ireland”, and
- (b) in subsection (1) of section 13, by the substitution of “Royal Institute of the Architects of Ireland” for “Royal Institute of Architects of Ireland”.
SCHEDULE Cork Boundary Alteration Implementation Oversight Committee
Section 18
(1) The members of the oversight committee shall be appointed by the Minister.
- (2) A member of the oversight committee may resign from office by giving notice in writing to the Minister of his or her resignation and the resignation shall take effect on the day on which the Minister receives the notice.
- (3) The Minister may at any time remove a member of the oversight committee from office if, in the Minister’s opinion—
- (a) the member has become incapable through ill-health of performing his or her functions,
- (b) the member has committed stated misbehaviour, or
- (c) the member’s removal appears to the Minister to be necessary for the effective performance by the oversight committee of their functions.
- (4) A member of the oversight committee shall cease to be qualified for office and shall cease to hold office if he or she—
- (a) is adjudicated bankrupt,
- (b) makes a composition or arrangement with creditors,
- (c) is sentenced by a court of competent jurisdiction to a term of imprisonment,
- (d) is convicted of any indictable offence in relation to a company or any other body corporate,
- (e) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,
- (f) is, or is deemed to be, the subject of a declaration under section 819 of the Companies Act 2014, or
- (g) is, or is deemed to be, the subject of a disqualification order within the meaning of Chapter 4 of Part 14 of that Act.
- (5) A member of the oversight committee shall, subject to the provisions of this Act, hold office upon such terms and conditions as may be determined by the Minister, with the consent of the Minister for Public Expenditure and Reform.
- (6) There may be paid by the Minister to members of the oversight committee such remuneration (if any) and such allowances in respect of expenses (if any) incurred by them as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine.
If a member of the oversight committee dies, resigns, ceases to be qualified for office and ceases to hold office or is removed from office, the Minister may appoint a person to be a member of the oversight committee to fill the casual vacancy so occasioned.
(1) The oversight committee shall hold such and so many meetings as may be necessary for the due fulfilment of their functions.
- (2) At a meeting of the oversight committee—
- (a) the chairperson of the oversight committee shall, if present, be the chairperson of the meeting, or
- (b) if and so long as the chairperson of the oversight committee is not present or if that office is vacant, the other members of the oversight committee who are present shall choose one of their number to be chairperson of the meeting.
- (3) Every question at a meeting of the oversight committee shall be determined by a majority of the votes of the members of the oversight committee present and voting on the question, and, in the case of an equal division of votes, the chairperson shall have a second or casting vote.
- (4) Subject to subparagraph (6), the oversight committee may act notwithstanding a vacancy among their members.
- (5) Subject to the provisions of this Act, the oversight committee shall regulate their procedure by rules or otherwise.
- (6) The quorum for a meeting of the oversight committee shall, unless the Minister otherwise directs, be 2.
(1) Where a member of the oversight committee is—
- (a) nominated as a member of Seanad Éireann,
- (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,
- (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, or
- (d) elected or coopted to be a member of a local authority,
he or she shall thereupon cease to be a member of the oversight committee.
- (2) A person who is, for the time being—
- (a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,
- (b) a member of the European Parliament, or
- (c) entitled under the standing orders of a local authority to be a member of that local authority,
shall, while he or she is so entitled or is such a member, be disqualified for membership of the oversight committee.
Footnotes
OJ No. L119, 4.5.2016, p.1
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.