Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014.
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paragraphs: These Regulations come into operation on 1 June 2014.
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paragraphs: (1) In these Regulations—
(2) In these Regulations a reference to Cathaoirleach or Leas-Chathaoirleach shall be read as the Cathaoirleach or Leas-Chathaoirleach of the municipal district.
(3) In these Regulations a reference to elected council of the local authority shall be read in accordance with section 131A(1) of the Act of 2001.
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paragraphs: (1) The municipal district members shall not exercise and perform any reserved function in respect of a municipal district in any instance where the exercise and performance of the function would give rise to—
(a) inconsistency with any policy, strategy, programme or plan of the local authority, or
(b) unnecessary duplication in the performance of functions between the municipal district members in different municipal districts in the administrative area of the local authority or between the municipal district members in a municipal district and the elected council of the local authority, as appropriate.
(2) Where the municipal district members propose to exercise and perform a reserved function and the chief executive, following consultation with the Cathaoirleach or Leas-Chathaoirleach, forms an opinion that the exercise and performance of the function, in that instance, would give rise to inconsistency or unnecessary duplication in relation to any of the matters referred to in paragraph (1), then he or she shall advise the members accordingly and the provisions of paragraphs (3) and (4) shall apply.
(3) Where the municipal district members have been advised by the chief executive in accordance with paragraph (2), the members—
(a) may, by resolution, decide to refer the matter to the corporate policy group for consideration with regard to the issue of inconsistency or unnecessary duplication in relation to any of the matters referred to in paragraph (1), and
(b) shall not proceed with the exercise and performance of the function unless the corporate policy group indicates that, in its view, the exercise and performance of the function as proposed in that instance, would not involve any such inconsistency or unnecessary duplication.
(4) Where the municipal district members exercise and perform a reserved function they shall, subject to the provisions of the Act of 2001, these Regulations and any guidelines, do so definitively and without reference to the elected council of the local authority for the purpose of any ratification or acceptance.
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paragraphs: (1) In the case of any reserved function specified in paragraph 5, 6 or 7 of Schedule 14 and Part 2 of Schedule 14A to the Act of 2001 which, in a particular instance, is to be exercised and performed in respect of every municipal district in the administrative area of a local authority, such function shall, in that instance, be performed only by the elected council of the local authority.