Local Government Reform Act 2014
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: (1) This Act may be cited as the Local Government Reform Act 2014.
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paragraphs: (1) Every enactment (including any provision contained in an Act published in a series of local and personal Acts or of private Acts) and every order, regulation, rule, bye law or other instrument or agreement in force immediately before the commencement of a provision of this Act shall, on and after the day of such commencement be read and have effect with such modifications as may be necessary to give effect to this Act or an order or regulations made under it and to have effect in conformity with it.
(2) If, in any respect, any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may, by regulations, do anything which appears to him or her to be necessary or expedient for removing that difficulty, for bringing that provision into operation or for securing or facilitating its operation, and any such regulations may modify any provision of this Act so far as may be necessary or expedient for carrying such provision into effect for the purposes aforesaid, but no regulations shall be made under this section in relation to any provision of this Act after the expiration of 3 years commencing on the day on which the provision comes into operation.
(3) Where regulations are proposed to be made under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving the draft has been passed by each such House.
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paragraphs: In this Act—
“2014 establishment day” means the day appointed by order under section 8 to be the establishment day for the purposes of this Act;
“chief executive” means a chief executive for the purposes of section 144 (as amended by section 54 ) of the Principal Act;
“dissolved authority” means—
(a) in relation to a city council or county council, a council dissolved by virtue of section 17 , and
(b) in relation to a town council, a dissolved body;
“dissolved body” has the meaning given to it by section 23 ;
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paragraphs: (1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or to be the subject of regulations or for the purpose of enabling any provisions to have full effect.
(2) Without prejudice to any specific provision of this Act, a regulation or order under this Act may provide for such incidental, consequential, supplementary or transitional provisions (including provisions for the purpose of securing the continuity of any provision of this Act with any provision of any other Act or instrument repealed, revoked, amended or otherwise affected by this Act or by any regulations or order made under it) as may appear to the Minister to be appropriate for the purposes of this Act or of any regulations or order made under it.
(3) A regulation or order under this Act may—
(a) apply to local authorities generally, to any category of local authorities specified in the regulations or the order or to a particular local authority so specified,
(b) contain different provisions in relation to different local authorities or to different parts of the administrative area of a local authority, and
(c) provide for the giving of directions by the Minister (including directions amending or revoking any such directions).
(4) Subject to subsection (5), every order or regulation made under this Act, shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling such order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the regulation or order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.
(5) Subsection (4) does not apply to—
(a) an order made under section 1 (22), or
(b) regulations which are required by this Act to be approved in draft by resolution of both Houses of the Oireachtas.
(6) A person to whom a direction is given under this Act shall comply with that direction.
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paragraphs: (1) The provisions of the Principal Act referred to in column (2) of Part 1 of Schedule 1 are amended in the manner referred to in column (3) of that Part opposite the reference in column (2) to the provision concerned.
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paragraphs: The repeal or revocation by or under this Act of a provision of any enactment which is applied by a provision of any other enactment not so repealed or revoked, shall not affect such application and accordingly the first-mentioned provision continues to apply and have effect for the purposes of such application.
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paragraphs: The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.
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paragraphs: The Minister shall by order appoint a day to be the establishment day (in this Act referred to as the “2014 establishment day”) for the purposes of this Act.
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paragraphs: (1) On and from the 2014 establishment day and for the purposes of local government—
(a) the local government area of the county of Limerick and the local government area of the city of Limerick as existing immediately before the 2014 establishment day—
(i) shall cease to exist on that day, and
(ii) the areas so ceasing shall, on that day, be amalgamated to form a single local government area to be known in the Irish language as Cathair agus Contae Luimnigh and in the English language as Limerick City and County,
(b) the local government area of the county of North Tipperary and the local government area of the county of South Tipperary as existing immediately before the 2014 establishment day—
(i) shall cease to exist on that day, and
(ii) the areas so ceasing shall, on that day, be amalgamated to form a single local government area to be known in the Irish language as Contae Thiobraid Ã?rann and in the English language as Tipperary County,
and
(c) the local government area of the county of Waterford and the local government area of the city of Waterford as existing immediately before the 2014 establishment day—
(i) shall cease to exist on that day, and
(ii) the areas so ceasing shall, on that day, be amalgamated to form a single local government area to be known in the Irish language as Cathair agus Contae Phort LÃ¡irge and in the English language as Waterford City and County.
(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—
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paragraphs: (1) The boundary of the local government area of Limerick City and County established under section 9 (1)(a) shall be the combined boundaries of the county of Limerick and the city of Limerick as existing immediately before the 2014 establishment day, other than the boundary between the county of Limerick and the city of Limerick.
(2) The boundary of the local government area of Tipperary County established under section 9 (1)(b) shall be the combined boundaries of the county of North Tipperary and the county of South Tipperary as existing immediately before the 2014 establishment day, other than the boundary between the counties of North Tipperary and South Tipperary.
(3) The boundary of the local government area of Waterford City and County established under section 9 (1)(c) shall be the combined boundaries of the county of Waterford and the city of Waterford as existing immediately before the 2014 establishment day, other than the boundary between the county of Waterford and the city of Waterford.
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paragraphs: (1) In this section—
“Commissioner” means the Commissioner of Valuation under the Valuation Act 2001 ;
“successor local authority” means a successor authority to which paragraph (a) of the definition of “successor authority” in section 3 relates.
(2) As soon as may be after the enactment of this Act the Commissioner shall prepare for each of the proposed local government areas formed by the amalgamations referred to in section 9 a map, in triplicate, drawn to such convenient scale and in such convenient number of separate sheets as the Commissioner thinks fit, showing the boundaries of each such area. When such maps have been prepared, the Commissioner shall seal each such map and shall, as soon as may be thereafter, deposit them as follows:
(a) one of them in the principal office of the Commissioner,
(b) one of them in the offices of the Minister, and
(c) in respect of the local government area of each successor local authority, the map of that area in the principal office of the relevant successor local authority when established.
(3) Every map deposited pursuant to subsection (2) shall be retained in the office in which it is so deposited, and each such map, or true copies thereof, shall be open for inspection free of charge at the office (other than the office of the Minister) in which it is so deposited by any person at any time at which such office is open for the transaction of public business. It shall be lawful for the Commissioner or the successor local authority concerned to prepare and supply to any person requesting the same a true copy of any map so deposited or any particular part thereof and to charge for such copy such sum as the Commissioner, with the consent of the Minister for Public Expenditure and Reform, or that authority may fix.
(4) Whenever required so to do by any Court of Justice, it shall be the duty of the Commissioner and of each successor local authority—
(a) to prepare and produce to that Court a true copy of a map deposited with the Commissioner or the successor local authority pursuant to subsection (1) or any specified part thereof, and
(b) to verify the copy to that Court by the oath of an officer of the Commissioner or the successor local authority,
and the Court shall receive the copy in evidence and thereupon the copy shall, unless the contrary is shown, be sufficient evidence of the boundary (in so far as the same is shown on the copy) of the county or the city and county to which the copy purports to relate, notwithstanding any discrepancy between the copy and any other description of the boundary or any ambiguity or uncertainty in such description or in the application thereof.
(5) A copy of every map deposited with a successor local authority pursuant to subsection (2) shall be displayed by it on its internet website as soon as practicable after being so deposited.
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paragraphs: (1) The Principal Act is amended by substituting the following for section 10:
“10. (1) The State has local government areas in accordance with this section.
(2) The State stands divided into local government areas to be known as—
(a) counties,
(b) cities, and
(c) cities and counties,
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paragraphs: (1) On and from the 2014 establishment day and for the purposes of local government—
(a) a local authority, to be known as Limerick City and County Council, shall stand established which shall—
(i) be the successor authority to the dissolved local authorities of Limerick County Council and Limerick City Council, and
(ii) be the local authority for the local government area of Limerick City and County,
(b) a local authority, to be known as Waterford City and County Council, shall stand established which shall—
(i) be the successor authority to the dissolved local authorities of Waterford County Council and Waterford City Council, and
(ii) be the local authority for the local government area of Waterford City and County,
and
(c) a local authority, to be known as Tipperary County Council, shall stand established which shall—
(i) be the successor authority to the dissolved local authorities of North Tipperary County Council and South Tipperary County Council, and
(ii) be the local authority for the local government area of Tipperary County.
(2) Each local authority established by paragraph (a), (b) or (c) of subsection (1) shall have, in so far as is consistent with this Act or any regulations made under it, the functions which are for the time being vested by law in the councils of counties and of cities generally and, in respect of each dissolved authority to which section 17 relates, such other functions as were immediately prior to the 2014 establishment day vested by law in the dissolved authority that the local authority concerned is the successor authority. Without prejudice to the generality of the foregoing—
(a) the law which for the time being applies generally in respect of the councils of counties and of cities, and
(b) the law which immediately prior to the 2014 establishment day applied in particular in respect of the dissolved authorities that relate to a local authority so established,
shall, in so far as is consistent with this Act or any regulations made under it, apply to the local authority.
(3) For the purposes of subsection (2), where town councils within an area to which paragraph (b) or (c) of subsection (1) relates are dissolved on a date that does not have effect until after the day appointed as the 2014 establishment day, then subsection (2) shall have effect as if the day so appointed occurred after the date on which the town councils were dissolved.
(4) Without prejudice to section 27 (2), each local authority established by subsection (1) shall, as soon as may be after such establishment, provide itself with a seal.
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paragraphs: Section 11 of the Principal Act is amended—
(a) by substituting the following for subsections (1) to (3):
“(1) On and from the 2014 establishment day and for the purposes of local government, the areas referred to in subsection (2) of section 10 (as amended by section 12 (1) of the Local Government Reform Act 2014) shall each have a local authority as provided for in this section.
(2) With effect from the 2014 establishment day—
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paragraphs: The Principal Act is amended—
(a) by substituting the following for section 21:
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paragraphs: (1) On the 2014 establishment day there shall stand established an office of chief executive in respect of each of the local government areas established by section 9 .
(2) Any person who, immediately before the 2014 establishment day, held in a permanent capacity the office of manager for Limerick County and Limerick City shall, if willing, stand appointed to the office of chief executive for Limerick City and County and shall accordingly—
(a) be a chief executive for the purposes of the Local Government Acts 1925 to 2014 to which Chapter 2 of Part 14 of the Principal Act relates, and
(b) pursuant to section 144(1) (as amended by this Act) of the Principal Act be known as the Chief Executive of Limerick City and County Council.
(3) Any person who, immediately before the 2014 establishment day, held in a permanent capacity the office of manager for North Tipperary County and South Tipperary County shall, if willing, stand appointed to the office of chief executive for Tipperary County and shall accordingly—
(a) be a chief executive for the purposes of the Local Government Acts 1925 to 2014 to which Chapter 2 of Part 14 of the Principal Act relates, and
(b) pursuant to section 144(1) (as amended by this Act) of the Principal Act be known as the Chief Executive of Tipperary County Council.
(4) Any person who, immediately before the 2014 establishment day, held in a permanent capacity the office of manager for Waterford County and Waterford City shall, if willing, stand appointed to the office of chief executive for Waterford City and County and shall accordingly—
(a) be a chief executive for the purposes of the Local Government Acts 1925 to 2014 to which Chapter 2 of Part 14 of the Principal Act relates, and
(b) pursuant to section 144(1) (as amended by this Act) of the Principal Act be known as the Chief Executive of Waterford City and County Council.
(5) On the 2014 establishment day each of the following shall be abolished and cease to exist:
(a) the office of manager for Limerick County and Limerick City and the office of manager for North Tipperary County and South Tipperary County created by paragraphs (a) and (b), respectively, of section 144(1A) (inserted by the Local Government (Miscellaneous Provisions) Act 2012 ) of the Principal Act, and
(b) the office of manager for Waterford County and Waterford City created by section 144(1A)(c) (inserted by the Electoral, Local Government and Planning and Development Act 2013 ) of the Principal Act.
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paragraphs: On the 2014 establishment day—
(a) Limerick County Council,
(b) Limerick City Council,
(c) North Tipperary County Council,
(d) South Tipperary County Council,
(e) Waterford County Council, and
(f) Waterford City Council,
shall each be dissolved (in this Act referred to as a “dissolved authority”) and cease to exist and thereupon, subject to the provisions of this Part and Part 4, Limerick City and County Council, Tipperary County Council and Waterford City and County Council shall, for all purposes, become and be the successor (in this Act referred to as a “successor authority”) of such dissolved authority as set out in the Table to this section and the provisions of Part 4 shall apply to such dissolved authorities and to the successor to each such authority.
Table
Column 1
Column 2
Dissolved authority
Successor authority
Limerick City Council
Limerick City and County Council
Limerick County Council
Limerick City and County Council
North Tipperary County Council
Tipperary County Council
South Tipperary County Council
Tipperary County Council
Waterford City Council
Waterford City and County Council
Waterford County Council
Waterford City and County Council
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paragraphs: All acts duly done and decisions duly made before the 2014 establishment day by or on behalf of—
(a) a local authority that was dissolved under section 17 , or
(b) a manager for a local government area that ceased to exist by virtue of section 9 (1),
shall, subject to this Act, continue to have all such force and effect as they had immediately before that day.
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paragraphs: The Principal Act is amended by inserting the following Part after Part 3:
“PART 3A
Municipal Districts
Municipal districts
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paragraphs: (1) Section 23 of the Principal Act is amended—
(a) by substituting the following for subsection (1):
“(1) Subject to and without prejudice to Part V of the Local Government Act 1991 (as amended by the Local Government Act 1994 ), the Minister may by order—
(a) divide each county, city or city and county referred to in section 10(2) into local electoral areas,
(b) fix the number of members to be elected for each local electoral area, and
(c) determine the municipal districts within a county or a city and county for the purposes of section 22A, each of which shall consist of one or more than one local electoral area.
(1A) Subsection (1) (c) does not apply in respect of the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin.”,
(b) by substituting the following for subsection (3):
“(3) Where, on the commencement of this provision, an order is in force dividing a local government area referred to in section 10(2) into local electoral areas or fixing the number of members for each local electoral area, the order shall continue in force in relation to that area and be deemed to be an order under this section and may be amended or revoked accordingly.”,
(c) in subsection (4) by substituting “any local electoral area in a local government area referred to in section 10(2)” for “any local electoral area in a county, city or town”, and
(d) by deleting subsections (6) to (8).
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paragraphs: (1) Section 63 of the Principal Act is amended by substituting the following for subsection (4):
“(4) Subject to law, the functions of a local authority shall be performed for or on behalf of the local authority and in its name by the elected council (including the municipal district members in respect of each municipal district pursuant to section 131A) or the chief executive, as may be appropriate, in accordance with Part 14.”.
(2) Section 131 of the Principal Act is amended—
(a) in subsection (1)(a) by substituting “Subject to section 131A, the elected council of a local authority or the members of a joint body shall” for “The elected council of a local authority or the members of a joint body shall”,
(b) in subsection (2) by substituting the following for paragraph (a):
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paragraphs: (1) Except where otherwise provided for by the Local Government Acts 1925 to 2014 in respect of a municipal district or the municipal district members, the Minister may by regulations apply, with or without modification, to municipal districts or to municipal district members (either generally or to a class or classes of such districts as may be prescribed) provisions of the Principal Act relating to a local authority or the council of a local authority in so far as those provisions deal with—
(a) subject to section 21(3) of the Principal Act, the proportion of the total number of members of a local authority necessary in relation to the doing of any particular act,
(b) alternative titles to those of Cathaoirleach or Leas-Chathaoirleach of a local authority,
(c) the resignation of the Cathaoirleach or Leas-Chathaoirleach of a local authority,
(d) removal of Cathaoirleach or Leas-Chathaoirleach of a local authority from office,
(e) the annual election of Cathaoirleach or Leas-Chathaoirleach of a local authority,
(f) any other matter relating to the Cathaoirleach and Leas-Chathaoirleach of a local authority, but not including matters to which subsections (2), (8) and (11) of section 31 of the Principal Act relate,
(g) meetings and proceedings of local authorities (including suspension of members) or the attendance of the public and representatives of the media (within the meaning of section 45 of the Principal Act) at such meetings,
(h) the appointment and dissolution of committees of local authorities,
(i) the establishment of one or more than one committee under subsection (1) (a) of section 51 to consider matters connected with the functions of a local authority and the application, in so far as they relate to that subsection, of subsections (3)to (6) of that section,
(j) the making of regulations relating to committees of a local authority, but not including matters to which paragraphs (a) and (d) of section 54(1) relate,
(k) the making of a decision under section 64(3) in relation to the representation of the views of the local community,
(l) the making of arrangements under section 127(2) (f) for attendance and raising of issues by interested persons at meetings,
(m) determining under section 130 the policy of the elected council,
(n) the furnishing of information to the elected council of a local authority under section 136 of the Principal Act,
(o) the making of regulations under section 142 relating to members expenses and remuneration, other than paragraphs (b), (c) and (d) of subsection (1), and subsections (2) (b), (4) (i), (5) and (7), of that section,
(p) the payment of an allowance for reasonable expenses of a Cathaoirleach and Leas-Chathaoirleach of a local authority under section 143 of the Principal Act,
(q) attendance of chief executive at local authority meetings under section 152 of the Principal Act,
(r) provisions of Part 15 (ethical framework) of the Principal Act relating to beneficial interests, including disclosure by member of local authority of pecuniary or other beneficial interests under section 177 of that Act.
(2) Subsection (1) is without prejudice to section 4 .
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paragraphs: In this Chapter—
“dissolved body’’ means a town council which is dissolved under section 24 (2);
“transfer date” has the meaning given in section 24 (1).
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paragraphs: (1) The Minister shall by order specify a date (in this Part referred to as the “transfer date”) to be the transfer date for the purposes of this Part.
(2) On the transfer date each town council stands dissolved and ceases to exist and—
(a) the local authority for a county or a city and county in which a town whose town council is so dissolved is situated shall, for all purposes, become and be the successor to the town council on that date, and
(b) the area of a town whose town council is so dissolved shall, for the purposes of all functions of the local authority (whether under the Local Government Acts 1925 to 2014 or otherwise) for the county or city and county in which the town is situated, be included in and form part of that county or city and county.
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paragraphs: (1) (a) All acts done and decisions duly made, whether by resolution, manager’s order or otherwise, before the transfer date in respect of a town council shall, subject to this Act, continue to have all such force and effect as they had immediately before that date.
(b) In this subsection “acts done or decisions duly made” include resolutions of the town council concerned and manager’s orders of that authority.
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paragraphs: (1) Schedule 4 shall (so far as may be appropriate) apply in relation to the dissolutions effected by Parts 2 and 3 and to each dissolved authority and its successor authority.
(2) (a) In this subsection “Joint Committee” means the County Tipperary Joint Libraries Committee established with effect from 1 January 1927 pursuant to section 3(1) of the Public Libraries (Ireland) Act 1894 and consequent on the adoption of the Public Libraries Act (Ireland) 1855 by Tipperary North Riding and Tipperary South Riding, which Committee was continued to stand established by virtue of Article 4(1) of the Local Government Act 2001 (County Tipperary Joint Libraries Committee) Regulations 2002 ( S.I. No. 214 of 2002 ).
(b) The Minister shall by order dissolve the Joint Committee with effect from such date as is specified in the order.
(c) The Minister may by order make provision for the transfer of the assets and liabilities of the Joint Committee in such manner as the Minister considers appropriate.
(d) An order to which paragraph (c) relates shall contain such provision as the Minister considers necessary or expedient consequential on the dissolution of the Joint Committee and, without prejudice to the generality of the forgoing, may make provision—
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paragraphs: (1) It shall be the duty of the relevant local authorities and their employees to cooperate with each other and generally to exercise their functions so as to facilitate the implementation of this Act.
(2) Subject to the provisions of this Act and of any regulations made under it and notwithstanding the provisions of any other enactment, the relevant local authorities and their employees may, prior to the commencement of any provision of this Act and in anticipation of such commencement, or following such commencement, do anything which may be necessary as a preliminary to, or for the purpose of facilitating, the commencement or securing the operation of such provision or which is necessary to give full effect to, or which arises from, by reason of or is otherwise related to such provision.
(3) Every act done by a relevant local authority before and in anticipation of the commencement of any of the provisions of this Act shall have and be deemed always to have had all such (if any) validity and effect as it would have had if this Act or if such provisions had been in force when such act was done.
(4) In this section “relevant local authority” means—
(a) in relation to the amalgamation of local government areas set out in section 9 (1)—
(i) prior to the 2014 establishment day, a local authority referred to in paragraph (a), (b) and (c) of section 13 (1) for the area mentioned, respectively, in paragraphs (a), (b) and (c) of section 9 (1),
(ii) on and after the 2014 establishment day, the successor authority concerned,
(b) in relation to the dissolution of a town council under section 24 —
(i) prior to the transfer date, the town council and the county council of the county concerned,
(ii) on and after the transfer date, the successor authority concerned.
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paragraphs: (1) For the purpose of holding in 2014 elections of members of local authorities—
num: 29
paragraphs: (1) In this section—
“adjustment period”, in relation to a specified area, means a period referred to in subsection (7) within which the base year adjustment is operational;
“annual rate on valuation”, in relation to a year, means, subject to subsection (9), the rate determined by the local authority concerned as the rating authority pursuant to section 103(7)(b)(i) of the Principal Act;
“base year adjustment” means the adjustment, by way of discount or levy, receivable or payable under subsection (5) by ratepayers in a specified area during the adjustment period;
“specified area” means any area of a rating authority where a different annual rate on valuation to that determined for Year 1 of the adjustment period applied in the year immediately preceding Year 1;
“Year 1” means the first year of the adjustment period.
(2) A base year adjustment shall be determined in accordance with subsections (3) and (4) by a rating authority in respect of each year of the adjustment period for each of the specified areas of the rating authority.
(3) In respect of a specified area, the base year adjustment shall be calculated in Year 1 of the adjustment period, by the formula—
A - B
where
A is the annual rate on valuation in respect of the year immediately preceding Year 1 that is applicable in the specified area, and
B is the annual rate on valuation determined by the rating authority in Year 1 of the adjustment period applicable generally in the area of the rating authority.
(4) In respect of each year of the adjustment period subsequent to Year 1, the base year adjustment shall be adjusted separately for each specified area by the rating authority concerned, following consultation with municipal district members in that area, by reducing the discount or levy (as the case may be) referred to in subsection (5), incrementally each year, until it is eliminated.
(5) The base year adjustment applicable to a specified area shall be applied to rating bills issued to ratepayers in the specified area and shall operate as either a discount or levy (as the case may be) on the amount due calculated by reference to the annual rate on valuation.
(6) Subsection (5) applies to the levy provided for in respect of a property to which section 211B or 211E (inserted by the Local Government (Business Improvement Districts) Act 2006 ) of the Principal Act relates.
(7) Base year adjustments shall cease at the end of the adjustment period for each specified area, which period—
(a) shall not be greater than 10 years commencing with Year 1, but
(b) may, at the discretion of the rating authority concerned, be a shorter period in respect of any specified area within the administrative area of that rating authority,
and, accordingly, the adjustment period shall cease in respect of a specified area when the base year adjustment for that area has been eliminated or the period of 10 years referred to in paragraph (a) has elapsed, whichever first occurs.
(8) Notwithstanding subsection (7), where—
(a) in respect of a specified area the base year adjustment calculated in accordance with subsection (3) would result in a levy with a value greater than 20,
(b) the local authority concerned, following the adoption by it of a resolution for the purpose of this subsection—
(i) applies in writing to the Minister to make an order that the adjustment period applicable to such specified area may be greater than 10 years, and
(ii) such resolution and application states the length of the extension being sought (which extension so stated shall be in respect of a period not greater than 10 years),
and
(c) following consideration of the application under paragraph (b), the Minister determines that an extension should be granted,
then, the Minister may by order grant an extension, which extension may, if the Minister considers it appropriate in the circumstances but subject to it not being greater than 10 years, be different from that sought in the application referred to in paragraph (b) and, accordingly, in its application to that specified area, the reference to 10 years in subsection (7)(a) shall be read as if it were a reference to the sum of those 10 years and the extension provided for by that order.
(9) In respect of a rating authority to which this section relates, the annual rate on valuation determined by such rating authority in Year 1 of the adjustment period shall not be increased in subsequent years until the adjustment period ceases, as provided for by subsection (7), for every specified area within the administrative area of that authority.
(10) Notwithstanding subsection (9), it shall be lawful for the rating authority to determine an increase in the annual rate on valuation where—
(a) the adjustment period of a specified area in the administrative area of the rating authority has been the subject of an order under subsection (8), and
(b) the adjustment period applicable to all specified areas in the administrative area of the rating authority, other than any specified area that is the subject of an order under subsection (8), have ceased in accordance with subsection (7).
(11) Where a revaluation under the Valuation Act 2001 takes effect in a rating authority in any year after Year 1 of the adjustment period, the base year adjustment referred to in this section shall continue to be applied to relevant properties by means of a percentage discount or levy equivalent to the former base year adjustment as a percentage of the annual rate on valuation as determined by such rating authority in Year 1 of the adjustment period.
(12) This section does not apply to any rating authority where a revaluation under the Valuation Act 2001 takes effect in the first year of the adjustment period.
(13) The adjustment period referred to in this section shall commence on the first day of January in the year following the commencement of this section.
num: 30
paragraphs: The local fund maintained immediately before the 2014 establishment day—
(a) by Limerick City Council and by Limerick County Council,
(b) by South Tipperary County Council and by North Tipperary County Council, and
(c) by Waterford City Council and by Waterford County Council,
shall, with effect from that day, be amalgamated and maintained by the successor authority in each case, as appropriate.
num: 31
paragraphs: (1) Section 71 of the Local Government (Dublin) Act 1930 is amended—
(a) by inserting the following after subsection (1):
“(1A) A local authority may—
(a) specify a local electoral area or local electoral areas within its administrative area where owners of vacant premises shall be entitled to claim and receive a refund of differing proportion of the municipal rate to that referred to in subsection (1), and
(b) determine the proportion of the refund to apply in respect of each specified local electoral area or local electoral areas in accordance with paragraph (a).
(1B) The specifying of a local electoral area or local electoral areas and the determination of the proportion of the refund shall be a reserved function.”,
and
(b) by inserting the following after subsection (3):
“(4) The Minister may make regulations specifying the financial considerations and administrative and other procedures to apply in relation to the performance by Dublin City Council of functions to which subsections (1A) and (1B) relate.”.
(2) Section 20 of the Cork City Management Act 1941 is amended—
(a) by inserting the following after subsection (1):
“(1A) A local authority may—
(a) specify a local electoral area or local electoral areas within its administrative area where owners of vacant premises shall be entitled to claim and receive a refund of differing proportion of the municipal rate to that referred to in subsection (1), and
(b) determine the proportion of the refund to apply in respect of each specified local electoral area or local electoral areas in accordance with paragraph (a).
(1B) The specifying of a local electoral area or local electoral areas and the determination of the proportion of the refund shall be a reserved function.”,
and
(b) by inserting the following after subsection (3):
“(4) The Minister may make regulations specifying the financial considerations and administrative and other procedures to apply in relation to the performance by Cork City Council of functions to which subsections (1A) and (1B) relate.”.
(3) Section 14 of the Local Government Act 1946 is amended—
(a) in subsection (1) by deleting “which is situated in a county but not in an urban area and”,
(b) by inserting the following after subsection (1):
“(1A) For the purposes of subsection (1) reference to county rate shall include a rate adopted by a city and county council.
(1B) A local authority may—
(a) specify a local electoral area or local electoral areas within its administrative area where owners of vacant premises shall be entitled to claim and receive a refund of differing proportion of the county rate to that referred to in subsection (1), and
(b) determine the proportion of the refund to apply in respect of each specified local electoral area or local electoral areas in accordance with paragraph (a).
(1C) The specifying of a local electoral area or local electoral areas and the determination of the proportion of the refund shall be a reserved function.”,
and
(c) by inserting the following after subsection (3):
“(4) The Minister may make regulations specifying the financial considerations and administrative and other procedures to apply in relation to the performance by a local authority of functions to which subsections (1B) and (1C) relate.”.
num: 32
paragraphs: (1) In this section—
“occupier”, in relation to property (whether corporeal or incorporeal), means every person in the immediate use or enjoyment of the property;
“owner”, in relation to a relevant property, means a person (other than a mortgagee not in possession) who, whether in that person’s own right or as trustee or agent for any other person, is entitled to receive the rent of the property or, where the property is not let, would be so entitled if it were so let;
num: 33
paragraphs: (1) Where before the 2014 establishment day or the transfer date, as the case may be, the Commissioner of Valuation made orders under section 19 of the Valuation Act 2001 , in respect of the area of 2 or more rating authorities then subsisting, the councils of which areas were dissolved after that day or date by section 17 or 24 , then the Commissioner shall, in due course, cause to be published under section 23 of that Act an amalgamated valuation list in respect of the area of the successor authority in each case, as if—
(a) the successor authority was in existence when the orders concerned were so made,
(b) the orders so made in respect of that area were orders that related to the successor authority,
(c) the successor authority was the rating authority when the orders were so made,
and, accordingly, each such list shall be effective for the purposes of the Valuation Act 2001 .
(2) Notwithstanding the fact that, as a consequence of the 2014 establishment day order or the transfer date order, a dissolved authority ceased to exist as a rating authority for the area concerned, a valuation list existing for that area (together with so much of the central valuation list, within the meaning of the Valuation Act 2001 , as relates to that area) and the value of each property appearing on the valuation list (together with so much of the central valuation list as so relates) shall, subject to any amendment made in accordance with the Valuation Act 2001 , continue in force in relation to that area for all the purposes of that Act, and section 29 (as amended by section 45 of the Local Government Act 1994 ) of the Local Government Act 1946 until the date on which a valuation list is caused to be published under section 23 of the Valuation Act 2001 for the local authority area that includes the first-mentioned area.
(3) Any valuation list so published shall not affect the continuance of the central valuation list to which this section relates.
num: 34
paragraphs: Except where the contrary intention appears from this Act, a reference however expressed in any enactment to a county rate (being a county rate to which section 12 of the Local Government Act 1946 relates) shall, if the context permits, be read as a reference to a rate in respect of a county council or a city and county council.
num: 35
paragraphs: (1) In this section “Boards” means the county development boards and city development boards established under section 129 of the Principal Act.
(2) The Minister shall by order dissolve all the Boards with effect from such date or dates as the Minister specifies.
(3) The Minister may, with the consent of the Minister for Public Expenditure and Reform, by order make provision for the transfer of the assets and liabilities of the Boards, either generally or in respect of any particular Board or class of Boards.
(4) An order to which subsection (3) relates shall contain such provisions as the Minister considers necessary or expedient consequential on the dissolution of the Boards concerned, and, in particular, may make provision for—
num: 36
paragraphs: (1) The Principal Act is amended by inserting the following after section 49:
“Local Community Development Committees
49A. (1) Subject to subsection (3), there shall be established, in accordance with this section and Chapter 2 of Part 13 (including any regulations made or general policy guidelines issued under that Chapter) by resolution of each local authority in respect of its administrative area a committee, to be known as the Local Community Development Committee, for the purposes of developing, co-ordinating and implementing a coherent and integrated approach to local and community development.
(2) Subject to this section and Chapter 2 of Part 13, each Local Community Development Committee is independent in the performance of its functions.
(3) Where the Minister has approved in writing a proposal by a local authority for the establishment of more than one Local Community Development Committee within its administrative area, the local authority may by resolution establish such number of Committees so proposed.
(4) A local authority may, by resolution and with the prior approval of the Minister in writing, dissolve a Local Community Development Committee established by it but the dissolution is without prejudice to anything previously done by such Committee.
(5) A Local Community Development Committee dissolved in accordance with subsection (4) shall be replaced by resolution of the local authority concerned—
(a) where subsection (3) applies, by such number of Local Community Development Committees as are approved by the Minister for establishment under that subsection, or
(b) in any other case, by a new Local Community Development Committee.
(6) Except where a Local Community Development Committee would stand dissolved in accordance with subsection (4) in respect of a day that would be the ordinary day of retirement of the members of the local authority concerned, a Local Community Development Committee shall, notwithstanding section 51(6), continue to stand established on and following that day.
(7) An annual report of a local authority shall include an outline of the activities of each Local Community Development Committee within the authority’s functional area during the period to which the annual report relates.
(8) Section 45 shall not apply to meetings of the Committee.”.
(2) Part 13 of the Principal Act is amended by designating sections 127 and 128 as Chapter 1 of that Part and by inserting the following Chapter to that Part before Part 13A:
“Chapter 2
Local Community Development Committees
Interpretation (Chapter 2)
128A. In this Chapter—
‘chief officer’, in relation to a Committee, means the person designated as such by the chief executive of the local authority concerned under section 128E(1) ;
‘Committee’ means a Local Community Development Committee;
‘community elements of the Plan’ means those parts of a local economic and community plan relating to the local and community development of the functional area of the Committee pursuant to section 66B;
‘economic elements of the Plan’ means those parts of a local economic and community plan relating to the promotion of economic development of the administrative area of the local authority pursuant to section 66B;
‘functional area of a Committee’, in relation to a Committee, means the area to which the Committee relates, being the same area as the administrative area of the local authority concerned or such part of that area as may be determined by a resolution of the local authority under section 49A;
‘local and community development programme’ means any action, intervention, programme, scheme or any other support, financial or otherwise, which is concerned with promoting the interests of local communities and includes matters to which section 66(3) relates;
‘Local Community Development Committee’ means the committee established pursuant to section 49A;
‘Plan’ means the local economic and community plan to which section 66B relates;
‘publicly funded body’ means a body whose funds, directly or indirectly and in whole or in part, come out of moneys provided by the Oireachtas for the purpose of performing its functions;
‘representatives of local community interests’, in relation to the functional area of a Committee, means persons who are representative of community interests that are concerned with promoting the development of aspects of those interests within that area and such representatives may include representatives of non-governmental organisations, development agencies, community-based groups, recognised associations for the purposes of section 128, youth organisations, cultural bodies, sporting bodies and social movements and networks.
Functions of Local Community Development Committees
128B. (1) The functions of a Committee are—
(a) to prepare and adopt the community elements of every 6 year local economic and community plan concerned in accordance with section 66C and any regulations made, or general policy guidelines issued, by the Minister for the purposes of that section,
(b) to implement, or to arrange for the implementation of, the community elements of the Plan (as the case may be) as made by the local authority in accordance with section 66C(4),
(c) to undertake a review of the community elements of the Plan at least once within the period of 6 calendar years after the Plan was adopted or last amended for the purposes of this paragraph and, if the Committee considers it necessary after any such review—
(i) to amend the community elements of the Plan, or
(ii) to prepare and adopt new community elements of the Plan to be made by the local authority under section 66C,
and any such amendment or adoption shall be in accordance with any regulations made, or general policy guidelines issued, by the Minister for that purpose,
(d) to monitor and review on an ongoing basis the implementation of the community elements of the Plan, including performance against any benchmarks or indicators of performance set out in the community elements of the Plan or other relevant indicators and, if the Committee considers appropriate, to revise the actions and strategies set to achieve the objectives of those elements of the Plan,
(e) in furtherance of paragraph (b), to co-ordinate, manage and oversee the implementation of local and community development programmes that have been either—
(i) approved by resolution from time to time for that purpose by the local authority concerned in respect of all or part of its administrative area, or
(ii) agreed for that purpose between the Committee and a public authority,
and to ensure that any plans and strategies related to those programmes are implemented in accordance with the community elements of the Plan,
(f) to seek to ensure effectiveness, consistency, co-ordination and avoidance of duplication between the local and community development programmes to which paragraph (e) applies and the functions of the local authority in relation to promoting the interests of local communities or in other related functions under section 66 (as provided for by subsection (2)) or otherwise,
(g) in addition to those programmes to which paragraphs (e) and (f) apply, to pursue the co-ordination generally of all local and community development programmes within the functional area of the Committee, so as to optimise resources for the benefit of local communities in that area and improve the efficiency with which publicly-funded local and community development resources are used,
(h) to consider and adopt a statement in respect of the economic elements of a draft of the Plan prepared by the local authority in accordance with section 66C, and
(i) not later than 31 March in each year, to prepare, adopt and submit to the local authority a report in relation to the performance of its functions during the year immediately preceding the year in which the report is submitted.
(2) The functions of a local authority under section 66, shall be deemed to be delegated to a Committee, in so far as those functions are necessary for the performance by the Committee of its functions otherwise provided for by this section.
(3) (a) The Committee may enter into an agreement in writing with a public authority, local development or community development body, or other person for the carrying out of those functions by such an authority, body or person, as the case may be, which the Committee considers appropriate to be carried out by such an authority, body or person, subject to such terms, conditions, restrictions and other requirements as the Committee considers necessary and specifies in the agreement.
(b) In this subsection a ‘local development or community development body’ includes a not-for-profit organisation that provides programmes, offers services or engages in other activities that promote and support the interests of a local community or any part of a community or group within a local community.
(4) (a) The Minister may, with the consent of the Minister for Public Expenditure and Reform, by order confer on a Committee or Committees such additional functions connected with the functions for the time being of a Committee, class of Committees or Committees generally (as the case may be) as the Minister determines, subject to such conditions (if any) as may be specified in the order.
(b) The Minister may make such provision as he or she considers necessary or expedient in respect of matters ancillary to or arising out of any of the functions referred to in paragraph (a).
(c) The Minister shall not make an order under this subsection in respect of functions for which another Minister of the Government is directly or indirectly responsible unless that Minister consents to that order being made.
(5) The Committee, in performing its functions, shall have regard to—
(a) the resources, wherever originating from, that are available or likely to become available to it for the purpose of such performance and the need to secure the most beneficial, effective and efficient use of such resources,
(b) the need for co-operation with, and the co-ordination of its activities with those of local authorities, public authorities and publicly funded bodies, the performance of some of whose functions affect or may affect the Committee, so as to ensure efficiency and economy in the performance by the Committee of its functions,
(c) the need for consultation with public authorities and publicly funded bodies in appropriate cases,
(d) the need for consistency with the policies and objectives of the Government or any Minister of the Government or other public authority in so far as they may affect or relate to the Committee’s functions,
(e) the need to integrate sustainable development considerations into policy development and implementation, and
(f) the need to promote social inclusion.
(6) The Committee has all such powers as are necessary for, or incidental to, the performance of its functions under this section.
(7) Subject to subsections (2) and (8), this section and section 49A are without prejudice to and do not restrict the functions of a local authority in relation to promoting the interests of local communities or other related functions under section 66 or otherwise.
(8) Section 140 shall not apply to the performance of any functions of the Committee and any resolution purporting to be passed under that section in relation to those functions which contravenes this subsection is void.
Membership of Local Community Development Committees
128C. (1) Subject to and in accordance with any regulations made, or general policy guidelines issued, by the Minister for the purposes of this section, the membership of a Committee shall comprise partly of persons who are and partly of persons who are not members of the local authority concerned.
(2) For the purposes of subsection (1), the Committee shall include—
(a) members of the local authority,
(b) the chief executive of the local authority or such other person employed by, or seconded to, the local authority (either by name or by reference to the person for the time being holding or exercising the functions of a particular post in that authority) standing nominated for the time being by the chief executive,
(c) representatives of public authorities having responsibility for the provision of services to or within, the area of the Committee,
(d) representatives of local community interests,
(e) individuals acting in a private capacity who are or have been members or otherwise associated with any body (however described) of a type referred to in the definition of ‘local community representatives’ in section 128A,
(f) representatives of publicly funded or supported local development bodies concerned with promoting the interests of local communities, and
(g) such other persons or bodies (if any) as may be provided for by such regulations made, or general policy guidelines issued, by the Minister under section 128E.
(3) (a) The chief officer of the Committee shall, in consultation with the Corporate Policy Group, seek and select nominees to the Committee, from time to time, in accordance with subsection (2) and any regulations made, or general policy guidelines issued, by the Minister for that purpose, and shall submit a list of recommended nominees to the members of the local authority for their consideration.
(b) The nominees shall be appointed to the Committee, without omission or addition, by resolution of the local authority.
(c) If the recommended nominees have not been appointed in accordance with paragraph (b) either because—
(i) the local authority did not pass the resolution concerned on any of the 2 days upon which it has met after submission of the list of recommended nominees under paragraph (a), or
(ii) 60 days have elapsed since submission under paragraph (a) of the list of nominees,
then the recommended nominees shall be deemed to have been appointed on the day following the last day to which subparagraph (i) or (ii) relates, whichever first occurs.
(4) The members of a Committee shall elect one of their number to be the chairperson.
Staffing of Local Community Development Committee
128D. (1) The chief executive of a local authority shall assign an employee or employees of the local authority (either by name or by reference to the employee for the time being holding or exercising the functions of a particular post in that authority)—
(a) to assist the Committee in performing its functions, and
(b) one of those persons shall be designated by the chief executive to be the chief officer of the Committee and have responsibility for carrying out, managing and controlling generally the administration and business of the Committee and arranging for the provision of appropriate administrative, secretarial and other support.
(2) The chief executive of the local authority may delegate such of his or her functions as he or she considers necessary to an employee or employees of the local authority for the purpose of subsection (1) and section 154 shall apply for the purposes of any such delegation, subject to any necessary modifications.
Regulations and general policy guidelines
128E. (1) The Minister may, following consultation with such public authorities as he or she considers appropriate, make regulations for the purposes of this Chapter and section 49A either generally or in relation to a Committee or to a particular class or classes of Committees.
(2) The Minister may, in particular but without prejudice to the generality of subsection (1), make regulations in relation to—
(a) matters relating to the establishment and membership of a Committee including—
(i) the representation of sectoral interests,
(ii) the tenure of office of the chairperson and members of a Committee, and
(iii) the procedures to apply to ensure fairness and equity in the selection of members and the election of a chairperson of a Committee,
(b) the performance of the functions of a Committee, including the functions of a local authority under section 66 delegated to a Committee,
(c) procedures to apply to ensure fairness and equity in the decisions of a Committee,
(d) the involvement of public authorities and other bodies and interests in the work of a Committee,
(e) the carrying out, management and control of the administration and business of a Committee and any administrative, secretarial and other support of a Committee, including the delegation of functions by the chief executive for the purposes of such support, and
(f) meetings and proceedings of the Committee, including arrangements relating to scheduling and notification of meetings and meeting agendas.
(3) The Minister may, following consultation with such public authorities as the Minister considers appropriate, issue general policy guidelines for the purposes of any provision of this Chapter and section 49A and each Committee shall, to the extent that those guidelines apply to it, comply with those guidelines.
(4) The Minister may, in particular but without prejudice to the generality of subsection (3), issue general policy guidelines in relation to—
(a) principles guiding the work of Committees,
(b) proposals of local authorities in relation to the establishment of 2 or more Committees within administrative areas,
(c) size of Committees and criteria and procedures for the selection of nominees to Committees,
(d) persons or bodies who may be considered for nomination to Committees and to whom section 128C(2)(g) relates,
(e) the representation of members of the local authority or its officials,
(f) the representation of non-governmental organisations, development agencies, community-based groups, recognised associations for the purposes of section 128, cultural bodies, sporting bodies and social movements and networks,
(g) procedures and processes for establishing and managing working groups of Committees,
(h) matters to be taken into account when dissolving Committees,
(i) consultation with local communities and measures for promoting participation by citizens and communities in the work of Committees,
(j) co-ordination of local and community development activities, avoidance of duplication and optimising the use of available resources,
(k) implementation arrangements, including arrangements for the management and disbursement of funding by a Committee, in respect of the local and community development programmes referred to in section 128B(1)(e),
(l) matters to be taken into account by Committees when giving advice and making recommendations under section 128F, and
(m) any other matter of a general policy nature that the Minister considers appropriate for inclusion in the guidelines.
Co-operation with Local Community Development Committees
128F. (1) In this section ‘relevant body’ means—
(a) a local authority,
(b) a regional assembly,
(c) a trust or other body to which paragraph (c) of the definition of ‘local government body’ in section 126A relates or in respect of which there is a determination under section 126L(3),
num: 37
paragraphs: (1) The Principal Act is amended by substituting the following for section 32:
“32. (1) Where prior to the commencement of section 31—
(a) Cork City Council or Dublin City Council used the title ‘Lord Mayor’ or ‘Deputy Lord Mayor’, or
(b) Galway City Council used the title ‘Mayor’ or ‘Deputy Mayor’,
to describe its office of Cathaoirleach or Leas-Chathaoirleach as the case may be, it shall continue to so use such title or titles notwithstanding the provisions of section 31.
(1A) Where—
(a) immediately before the 2014 establishment day (provided for in Part 2 of the Local Government Reform Act 2014) Limerick City Council or Waterford City Council used the title ‘Mayor’ or ‘Deputy Mayor’, to describe its office of Cathaoirleach or Leas-Chathaoirleach, as the case may be, then, if a municipal district containing the area of the former city council is determined by order under section 23(1)(c), the municipal district members (being the municipal district members for a metropolitan district by virtue of section 22A(2)(a)) may use such title or titles notwithstanding the provisions of section 31 (as amended by that Act),
num: 38
paragraphs: Section 34 of the Principal Act is amended—
(a) by substituting the following for subsection (1):
“(1) Subject to this section, a local authority may by resolution remove from office the Cathaoirleach or Leas-Chathaoirleach of such local authority for stated misbehaviour or if his or her removal appears to it to be necessary for the effective performance by the local authority of its functions and such removal may also be for those reasons arising from the performance of his or her duties as chair of the corporate policy group.
(1A) Subject to this section, a local authority may by resolution remove from office the chairperson of any strategic policy committee of such local authority for stated misbehaviour or if his or her removal appears to them to be necessary for the effective performance by the local authority of its functions or by the committee of its functions.”,
(b) by substituting the following for paragraph (e) of subsection (2):
“(e) be delivered or sent to the Cathaoirleach, Leas-Chathaoirleach or chairperson of the strategic policy committee concerned.”,
and
(c) by substituting the following for subsection (5):
“(5) It is necessary for the passing of a resolution under this section that the number of members of the local authority concerned voting in favour of the resolution is at least two-thirds of those present and voting.”.
num: 39
paragraphs: The Principal Act is amended by inserting the following after section 35:
“35A. This Chapter applies to municipal district members as if every reference in the other provisions of this Chapter to a local authority or to a member of a local authority were, respectively, a reference to the municipal district members or to a member of a municipal district.”.
num: 40
paragraphs: The Principal Act is amended by substituting the following for section 47:
“47. A local authority shall seek to secure as regards—
(a) the establishment of committees under Part 7, and
(b) meetings of the authority and each of its committees and municipal district members,
that they are organised and operate so as to promote effectiveness and efficiency in the discharge of business.”.
num: 41
paragraphs: Section 48 of the Principal Act is amended—
(a) by inserting the following after subsection (1):
“(1A)One of the committees established under subsection (1) shall be to consider matters which relate to the functions of the local authority in relation to economic development and matters connected to the promotion of, including support for, enterprise, and to advise the authority on those matters.”,
(b) by substituting the following for subparagraph (i) of subsection (3)(b):
“(i) the representation of each local community development committee established in accordance with section 49A and of sectoral interests,”,
(c) by inserting the following after paragraph (b) of subsection (3):
“(ba) Guidelines referred to in paragraph (a) may include—
(i) provisions for procedures for presentation of proposals to the local authority concerned connected with the formulation, development, monitoring and review of policy for the purposes of this section,
(ii) provisions relating to the format, content and layout of any particular class or classes of policy papers and other documents (including the preparation of preliminary documents) prepared by or presented to the strategic policy committee, and
(iii) provisions for procedures to ensure that sufficient time for input by the strategic policy committee into policy papers is provided prior to completion and subsequent presentation to the local authority concerned.
(bb) Guidelines referred to in paragraph (a) may apply to local authorities generally, to any class or classes of local authorities specified in the guidelines or to a particular local authority so specified and shall, in so far as the guidelines relate to them, be complied with by every local authority, chief executive, strategic policy committee and municipal district member.”,
and
(d) by inserting the following after subsection (3):
“(3A) (a) For the purposes of assisting a strategic policy committee in considering matters in accordance with subsections (1) and (1A) the committee may request the attendance of a public authority at a meeting of the committee.
(b) Where a public authority refuses or otherwise fails to attend a meeting of a strategic policy committee following a request by the committee, then the chairperson of the committee—
(i) may report such refusal or failure to a meeting of the local authority, and
(ii) where so reported, shall provide the meeting of the local authority with any explanation furnished by the public authority for so refusing or failing to attend.
(c) Where any refusal or failure by a public authority is reported to a local authority under paragraph (b), then the local authority may report such refusal or failure, together with any explanation furnished by the public authority, to any Minister of the Government—
(i) on whom functions relating to the public authority concerned stand conferred, or
(ii) who has general responsibility for the public authority concerned.
(3B) When formulating, developing, adopting, monitoring and reviewing policies which relate to the functions of a local authority each strategic policy committee of the local authority shall have regard to the regional spatial and economic strategy of the appropriate regional assembly.”.
num: 42
paragraphs: The Principal Act is amended by substituting the following for section 50:
“50. (1) A local authority to which this section applies may establish by resolution a committee in respect of a local electoral area or of 2 or more adjoining such areas or any other area in its administrative area to be known by some appropriate name followed by the words ‘Area Committee’, or by such other title, as may be designated by the authority.
(2) This section applies to the following local authorities:
(a) Cork City Council;
(b) Dublin City Council;
(c) Dun Laoghaire-Rathdown County Council;
(d) Fingal County Council;
(e) Galway City Council;
(f) South Dublin County Council.”.
num: 43
paragraphs: Section 66 of the Principal Act is amended by substituting the following for subsection (3):
“(3) (a) Subject to this section, a local authority may take such measures, engage in such activities or do such things in accordance with law (including the incurring of expenditure) as it considers necessary or desirable to promote the interests of the local community.
(b) For the purposes of this section a measure, activity or thing is deemed to promote the interests of the local community if it promotes, directly or indirectly—
(i) social inclusion or the social, environmental, recreational, cultural or community development, or
(ii) the general development including enterprise and economic development,
of the administrative area (or any part of it) of the local authority concerned or of the local community (or any group consisting of members of it).
(c) Nothing in subsection (4) or section 66B or 67 shall be read as restricting the generality or meaning of this subsection.”.
num: 44
paragraphs: The Principal Act is amended by inserting the following sections after section 66:
“Interpretation (sections 66A to 66H)
66A. In the relevant sections—
‘Committee’ means a local community development committee established pursuant to section 49A;
‘Plan’ has the meaning assigned in section 66B;
‘relevant sections’ means sections 66A to 66H.
Local economic and community plan
66B. (1) Each local authority shall make, in accordance with section 66C and any regulations made, or general policy guidelines issued, by the Minister for the purposes of that section, and the principles of sustainable development, a 6 year local economic and community plan (in this section referred to as the ‘Plan’), which shall be referred to as the ‘Local Economic and Community Plan’, prefixed by the name of the local authority concerned, and the Plan shall be for—
(a) the promotion of economic development in its functional area, and
(b) the promotion of local and community development in its functional area.
(2) For the purposes of subsection (1), promotion of economic development includes but is not limited to—
(a) creating and sustaining jobs,
(b) promoting the interests of the community, including—
(i) enterprise and economic development across economic sectors,
(ii) foreign direct investment,
(iii) indigenous industry,
(iv) micro-enterprises and small and medium sized enterprises,
(v) tourism, and
(vi) agriculture, forestry and the marine sectors, and other natural resource sectors,
(c) identifying local attributes that are essential—
(i) to enhancing local economic performance, such as the quality of the environment and the qualities of cities, towns and rural areas, including—
(I) accessibility, physical character, and infrastructure,
(II) employment opportunities and quality of life,
and the means by which these may be utilised to enhance competitiveness, and be supported by investment decisions relating to economic infrastructure (including transportation, water services, energy, communications and waste management), together with social and cultural facilities, and
(ii) to promoting local economic activities,
(d) supporting enhancement of local innovation capacity, including investment in research and development capacity, technology transfer, up-skilling and re-skilling,
(e) identifying, for existing and prospective businesses, opportunities to engage with local government on relevant matters in setting up and managing their businesses and to ensure speedy and co-ordinated access and response,
(f) identifying local strengths and opportunities, weaknesses and deficiencies relevant to economic performance and—
(i) in relation to such strengths and opportunities having regard to economic and employment trends, the means of maintaining and augmenting them, and
(ii) in relation to such weaknesses and deficiencies, the means of addressing or rectifying them,
and
(g) identifying economic potential and the requirements to realise it.
(3) For the purposes of subsection (1), promotion of local and community development includes, but is not limited to—
(a) promoting and supporting the interests of local communities, or any part of a community or group within a local community, including measures to enhance quality of life and well-being of communities and measures aimed at—
(i) tackling poverty, disadvantage and social exclusion through support for basic services and other initiatives,
(ii) supporting training and up-skilling, creating and sustaining employment and self-employment opportunities, and investing in local development through community-focused supports and services, and
(iii) the provision of infrastructure and community facilities and investment in physical regeneration and environmental improvements,
(b) supporting the capacity of local communities to improve their quality of life,
(c) supporting social enterprise, social capital, volunteering and active citizenship,
(d) developing integrated and evidenced-based approaches to local service planning and delivery,
(e) identifying the needs and priorities of local communities to enhance their well-being, and developing sustainable solutions that make the best use of local assets, strengths and opportunities to address those needs and priorities,
(f) exploiting and co-ordinating funding sources from the public, private and community and voluntary sectors to stimulate and support local development and sustainability, and
(g) promoting, supporting and facilitating community involvement in policy development and decision-making processes related to the planning, development and delivery of services.
(4) Every Plan made pursuant to subsection (1) shall be consistent with—
(a) the core strategy and the objectives of the development plan (being the development plan for the purposes of Chapter I of Part II of the Act of 2000) of the local authority concerned, and
(b) any regional spatial and economic strategy or, as appropriate, regional planning guidelines (being a strategy or guidelines for the purposes of Chapter III of Part II of the Act of 2000),
that apply to the area of the Plan, and shall consist of a written statement which may include objectives for the sustainable development of the area of the Plan.
(5) (a) Without prejudice to subsections (2) and (3), the Plan to which subsection (1) relates shall include and integrate—
(i) economic elements in respect of local economic development, and
(ii) community elements in respect of local and community development.
(b) Each local authority shall, without prejudice to and, in accordance with section 66C and any regulations made or policy guidelines issued by the Minister for that purpose, draft the economic elements of the Plan.
(c) Each Committee shall, without prejudice to and, in accordance with sections 66C and 128B and any regulations made or policy guidelines issued by the Minister for that purpose, draft, adopt and obtain approval for the community elements of the Plan.
Preparation and making of local economic and community plans
66C. (1) A local authority and a Committee shall, in preparing the economic and community elements of a Plan, have regard to—
(a) the need to integrate sustainable development considerations into the Plan,
(b) the resources, wherever originating from, that are available or likely to become available to it for the purpose of the Plan and the need to secure the most beneficial, effective and efficient use of such resources,
(c) the need for co-operation with, and the co-ordination of its activities with those of other local authorities, public authorities and publicly funded bodies, the performance of some of whose functions affect or may affect the local authority and the Committee,
(d) the need for consistency with the policies and objectives of the Government or any Minister of the Government or other public authority in so far as they may affect or relate to the promotion of economic and community development as provided for in sections 66B(2) and 66B(3), and
(e) the need to integrate the economic and community elements, developed in accordance with the provisions of subsections (2) and (3), into the Plan.
(2) (a) Each local authority in developing the economic elements of the Plan shall, in accordance with regulations made by the Minister under section 66H—
(i) consult with members of the public (in this subsection referred to as a ‘public consultation process’) by publishing a public notice (which notice may be given by means of the internet or otherwise) inviting them to make observations or other submissions in writing to the local authority in relation to its proposed development of those elements of the Plan and, in relation to the observations and other submissions so made—
(I) prepare and publish a report on them, and
(II) have regard to them when preparing the economic elements of the Plan,
(ii) consult with those public authorities and publicly funded bodies exercising functions that, in the local authority’s opinion, have a contribution to make or are making to economic development within the functional area of that local authority, and
(iii) consult with any person or body prescribed by regulations made by the Minister under section 66H.
(b) Following consultations in accordance with paragraph (a), the local authority concerned shall submit a draft of the economic elements of the Plan for consideration—
(i) in respect of each municipal district concerned, by the municipal district members, and
(ii) by the regional assembly for the region within which the local authority is located pursuant to section 43 of the Local Government Act 1991 ,
and each shall adopt a statement on the draft for consideration by the elected council of that local authority and by the Committee.
(c) The consideration of the economic elements of a draft of the Plan by the regional assembly, the municipal district members, in accordance with pararaph (b), and the Committee, in accordance with section 128B(1) (h), shall relate to its consistency with—
(i) the core strategy and the objectives of the development plan (being the development plan for the purposes of Chapter I of Part II of the Act of 2000) of the local authority concerned,
(ii) any regional spatial and economic strategy or, as appropriate, regional planning guidelines (being a strategy or guidelines for the purposes of Chapter III of Part II of the Act of 2000), that may apply, and
(iii) the community elements of a draft of the Plan submitted by the Committee in accordance with subsection (3)(b).
(d) The adoption by the municipal district members of a statement under paragraph (b) is a reserved function.
(3) (a) The Committee, in developing the community elements of the Plan shall, in accordance with regulations made by the Minister under section 66H—
(i) consult with members of the public (in this subsection referred to as a ‘public consultation process’) by publishing a public notice (which notice may be given by means of the internet or otherwise) inviting them to make observations or other submissions in writing to the local authority in relation to its proposed development of those elements of the Plan and, in relation to the observations and other submissions so made—
(I) prepare and publish a report on them, and
(II) have regard to them when preparing the community elements of the Plan,
(ii) consult with those public authorities and publicly funded bodies exercising functions that, in the local Committee’s opinion, have a contribution to make or are making to community development to or within, the area of the Committee, and
(iii) consult with any person or body prescribed by regulations made by the Minister under section 66H.
(b) Following consultations in accordance with paragraph (a), the Committee concerned shall submit a draft of the community elements of the Plan for consideration—
(i) in respect of each municipal district concerned, by the municipal district members, and
(ii) by the regional assembly for the region within which the local authority, to which the Committee relates, is located pursuant to section 43 of the Local Government Act 1991 ,
and each shall adopt a statement on the draft for consideration by the elected council of that local authority.
(c) The consideration of the community elements of a draft of the Plan by the regional assembly, the municipal district members, in accordance with paragraph (b), and the local authority concerned, in accordance with subsection (4)(a), shall relate to its consistency with—
(i) the core strategy and the objectives of the development plan (being the development plan for the purposes of Chapter I of Part II of the Act of 2000) of the local authority concerned,
(ii) any regional spatial and economic strategy or, as appropriate, regional planning guidelines (being a strategy or guidelines for the purposes of Chapter III of Part II of the Act of 2000), that may apply, and
(iii) the economic elements of a draft of the Plan prepared in accordance with subsection (2)(b).
(d) The adoption by the municipal district members of a statement under paragraph (b) is a reserved function.
(4) (a) Following the adoption of statements provided for in subsections (2)(b) and (3)(b) and any statement adopted by the Committee, the Plan (including any Plan amended consequent to subparagraph (i), or new Plan made consequent to subparagraph (ii) of section 66F (b)) shall integrate the economic and community elements and that Plan shall be made by the elected council of the local authority, with or without amendment, and any amendment by it shall relate only to the consistency of the Plan with—
(i) the core strategy and the objectives of the development plan (being the development plan for the purposes of Chapter I of Part II of the Act of 2000) of the local authority concerned that apply to the area of the Plan, and
(ii) any regional spatial and economic strategy or, as appropriate, regional planning guidelines (being a strategy or guidelines for the purposes of Chapter III of Part II of the Act of 2000) that apply to the area of the Plan.
(b) The making of the Plan under paragraph (a) by the elected council of the local authority is a reserved function.
Publication of local economic and community plans
66D. As soon as may be after the making of a Plan under section 66C, a copy of it—
(a) shall be made available at the principal offices of the local authority and on its internet website,
(b) shall be furnished to the Minister, and
(c) may be inspected by any member of the public during normal opening hours, and purchased at a price not exceeding the reasonable cost of reproduction.
Implementation of the economic elements of local economic and community plans
66E. (1) Without prejudice to the implementation of the community elements of the Plan in accordance with section 128B, each local authority shall—
(a) implement, or arrange for the implementation of the economic elements of the Plan as made in accordance with section 66C,
(b) co-ordinate, manage and oversee the implementation of the economic elements of the Plan and any projects or programmes prepared to support or advance the implementation of the economic elements of the Plan that have been either—
(i) approved by resolution from time to time for that purpose by the local authority concerned in respect of all or part of its administrative area, or
(ii) agreed for that purpose between the local authority and a public authority,
and ensure that any plans and strategies related to those projects or programmes are implemented in accordance with the economic elements of the Plan,
(c) seek to ensure effectiveness, consistency, co-ordination and avoidance of duplication between the economic development programmes to which paragraph (b) applies and the functions of the local authority in relation to promoting the interests of local communities or in other related functions under sections 66 and 66B or otherwise, and
(d) in addition to those projects or programmes to which paragraphs (b) and (c) apply, pursue the co-ordination generally of all economic development programmes within the functional area of the local authority, for the purposes of—
(i) supporting or advancing the implementation of the economic elements of the Plan or optimising resources for the benefit of local communities in that area, and
(ii) improving the efficiency with which public authorities use their resources.
(2) For the purposes of subsection (1), each local authority shall prepare, review and update, as appropriate, on an annual basis an implementation strategy.
(3) The making and amendment of an implementation strategy is a reserved function.
Monitoring and review of economic elements of local economic and community plans
66F. Without prejudice to the monitoring and review of the community elements of the Plan in accordance with section 128B, each local authority shall—
(a) monitor and review on an ongoing basis the implementation of the economic elements of the Plan, including performance against any benchmarks or indicators of performance set out in it and, if the local authority considers appropriate, to revise the actions, plans and strategies set to achieve its objectives,
(b) undertake a review of the economic elements of the Plan at least once within the period of 6 calendar years after it was made or last amended for the purposes of this paragraph and, if the local authority considers it necessary after any such review—
(i) to amend the economic elements of the Plan, or
(ii) to make new economic elements of the Plan for approval by the local authority in accordance with the provisions of section 66C,
and any such amendment or making shall be in accordance with any regulations made, or general policy guidelines issued, by the Minister for that purpose.
Annual Report on monitoring and review of local economic and community plans
66G. Each local authority shall include in its annual report an assessment in relation to the implementation and, where appropriate, review of its Plan in accordance with sections 66E, 66F and 128B during the year immediately preceding the year in which the report is submitted.
Regulations and general policy guidelines
66H. (1) The Minister may, following consultation with such public authorities as he or she considers appropriate, make regulations for the purposes of the relevant sections and sections 128B to 128F either generally or in relation to a regional assembly or a local authority or a Committee or to a particular class or classes of regional assemblies or local authorities or Committees and each regional assembly, local authority and Committee shall, to the extent that those regulations apply to it, comply with those regulations.
(2) The Minister may, in particular but without prejudice to the generality of subsection (1), make regulations under that subsection in relation to the Plans including—
(a) the preparation of a Plan,
(b) the co-ordination of the preparation of the economic and community elements of a Plan,
(c) the integration of the economic and community elements into a Plan,
(d) the timing of the preparation of a Plan,
(e) the role of the strategic policy committee established pursuant to section 48(1A),
(f) extending or shortening the period of a Plan for the purposes of synchronising the time period for a Plan with other relevant plans and strategies,
(g) the format and content of a Plan,
(h) the procedures and processes to ensure consistency with the core strategy and objectives of the development plan of a local authority,
(i) the procedures and processes to ensure consistency with the regional spatial and economic strategy and any regional planning guidelines referred to in subsections (2) (c) (ii), (3) (c) (ii) and (4) (a) (ii) of section 66C for the purposes of Chapter III of Part II of the Act of 2000,
(j) engagement and consultation with the local community in the preparation of a Plan,
(k) public consultation when a Plan is being prepared or reviewed, including the procedures and processes for seeking the timely and effective participation by the public concerned,
(l) developing performance indicators and arrangements for measuring performance of a Plan,
(m) publication of a Plan,
(n) implementation of a Plan, including the preparation, review and updating of the implementation strategies provided for in section 66E(2) and the arrangements for implementation provided for in section 128B(1), and
(o) the review and amendment of a Plan.
(3) For the purposes of the relevant sections and sections 128B to 128F, the Minister may issue general policy guidelines in relation to—
(a) principles guiding the preparation of the Plan,
(b) matters to be taken into consideration when a public consultation process is being undertaken for the purposes of preparing or reviewing the Plan,
(c) matters to be taken into account when a review of the Plan is being undertaken,
(d) avoidance of duplication and optimising the use of available resources,
(e) implementation arrangements for the Plan, and
(f) any other matter of a general policy nature that the Minister considers appropriate for inclusion in the guidelines,
and guidelines issued under this subsection may relate generally to all local authorities or to a particular class or classes of local authorities and shall, in so far as the guidelines relate to them, be complied with by every local authority, municipal district members and each Committee.”.
num: 45
paragraphs: Section 72 of the Principal Act is amended—
(a) in subsection (1) (a) by substituting “function of a Minister of the Government or of any other public authority” for “function of a Minister of the Government”,
(b) in subsection (1) (c) by substituting “Minister of the Government or the other public authority, as the case may be, from which it was transferred” for “Minister of the Government from whom it was transferred”,
(c) by deleting subsection (2),
(d) in subsection (3) by deleting “or an order under subsection (2) ” in both places where it occurs, and
(e) by inserting the following after subsection (3):
“(4) In this section ‘public authority’ does not include a body to which paragraph (g) of the definition of ‘public authority’ in section 2(1)relates.”.
num: 46
paragraphs: The Principal Act is amended by substituting the following for section 127:
“127. (1) A local authority may take such steps as it considers appropriate to consult with and promote effective participation by the local community in local government.
(2) Without prejudice to the generality of subsection (1) a local authority may—
(a) undertake such action under section 64 as the authority may consider appropriate,
(b) establish strategic policy committees in accordance with Part 7,
(c) consult with local sectoral, community or other groups,
(d) arrange for the representation on relevant committees of the authority of persons having knowledge or experience of relevance to the work of the particular committee,
(e) consult with a recognised association under section 128,
(f) make arrangements for attendance and raising of issues by interested persons at meetings of the authority or of any of its committees in accordance with such rules as may be determined by resolution of the authority,
(g) arrange for the holding of information meetings and the dissemination of information to the public in relation to any matter connected with its functions.
(3) Without prejudice to the generality of subsection (1) each local authority shall, in accordance with regulations made under subsection (6) and general guidelines issued under subsection (7), adopt a document to be known as a Framework for Public Participation in Local Government (in this section referred to as the ‘Framework’) for the purposes of promoting, developing and implementing a coherent and integrated approach to participation in decision-making processes of the local authority by the local community.
(4) For the purposes of subsection (3), the Framework shall seek to provide for participation by the local community within municipal districts and shall include the following:
(a) participatory mechanisms to promote, support and facilitate the local community’s input into decision making by the local authority, without prejudice to any consultation procedures provided for in any enactment;
(b) clear and transparent mechanisms for the selection of members of the local community to participate in such participatory mechanisms including selection processes that seek to balance gender, geography, social inclusion, sectoral, age and other interests and factors;
(c) mechanisms to monitor, measure and evaluate participation by members of the local community with local government and to provide information to the local community arising from such monitoring, measurement and evaluation;
(d) mechanisms to provide for accountability of such participants to the local community;
(e) mechanisms for the provision of information by the local authority to the local community.
(5) In developing the Framework, a local authority may take such steps as it considers appropriate to consult with the local community, including local sectoral, community or other groups.
(6) (a) The Minister may make regulations relating to the adoption and establishment of a Framework by each local authority and its implementation, review and revision by the local authority concerned.
(b) Regulations under this subsection may be made in respect of local authorities generally or in respect of any particular class or classes of local authorities as determined by those regulations.
(7) (a) The Minister may issue general policy guidelines to local authorities for the purposes of any provision of this section (including any regulations made under subsection (6) ) and each local authority shall comply with any such guidelines that relate to it.
(b) Without prejudice to the generality of paragraph (a), guidelines under this section may provide for any of the following:
(i) assistance to the local community with the preparation of strategies within municipal districts for the well-being of all;
(ii) provision of opportunities for networking, communication and the sharing of information with the local community;
(iii) mechanisms to support inclusion of socially excluded groups;
(iv) developing capacity and supports for public engagement and participation;
(v) participatory mechanisms;
(vi) consultation procedures and processes;
(vii) mechanisms for the provision of information;
(viii) accountability mechanisms.
(8) (a) Where in relation to any function of a local authority under this or under any other enactment the relevant enactment requires the publication of a notice in a newspaper or on the local authority’s website and the invitation of submissions or observations in connection with the performance of that function, the local authority may take such additional steps as it may consider appropriate to publicise, facilitate or promote the consultation process including the use of other forms of communications, including local radio stations, and the use of electronic forms of communication.
(b) A local authority may, in respect of reports, plans or any other material in relation to the performance of its functions, arrange for the making available or display of such materials at suitable locations (which locations may include the internet) additional to those required by this or any other enactment.
(9) An elected council may, by resolution, require that specified action be taken in accordance with this section for the purpose of consultation with the local community.
(10) Nothing in this section shall be read as limiting or departing from the role of a local authority as an elected body.
(11) The procedures and actions provided for under this section to promote and facilitate public engagement under the Framework may supplement but shall not be read as limiting or restricting—
(a) any consultation procedures, or
(b) any procedures requiring consultation,
that are otherwise provided for under any enactment and any actions taken under the Framework, or any failure to take any specified action under the Framework, shall not affect any such consultation procedures or procedures.
(12) The adoption of the Framework to promote and facilitate participation by the local community under this section is a reserved function.”.
num: 47
paragraphs: The Principal Act is amended by substituting the following for section 132:
“132. (1) It is the duty of every chief executive to carry into effect all lawful directions of the elected council of a local authority or a joint body for which he or she is chief executive in relation to the exercise and performance of the reserved functions of the local authority or joint body.
(2) (a) Where in relation to the exercise or performance of a reserved function a legal opinion was obtained by a local authority or joint body, the elected council or joint body may, without prejudice to section 153, by resolution direct that a second such opinion be obtained by the authority in the terms specified in such resolution.
(b) Nothing in this subsection shall prejudice a local authority or joint body in carrying out any function which the authority or body is required by or under statute or by order of a court to duly carry out.
(3) It is the duty of every chief executive to advise and assist the elected council of a local authority or a joint body for which he or she is chief executive and to assist the corporate policy group, each strategic policy committee and local community development committee within the administrative area of which he or she is chief executive—
(a) generally as regards the exercise or performance by—
i) the council of the local authority or joint body, of its reserved functions, and
(ii) by the strategic policy committee or local community development committee, of its functions in relation to the reserved function of the local authority or joint body,
and
(b) as regards any particular matter or thing in relation to such exercise or performance on or in respect of which the council of a local authority, joint body, corporate policy group, strategic policy committee or local community development committee requests the advice or assistance of the chief executive,
and each shall have regard to that advice or assistance.
(4) In subsections (1) to (3) a reference to the elected council of a local authority includes a reference to the municipal district members when duly exercising a reserved function.
(5) For the purposes of superintendence and oversight by the elected council in the discharge of functions conferred on the elected council by law, the chief executive shall, when requested by the elected council, report on the actions already taken and planned to be taken to carry out the directions of the elected council of a local authority or a joint body for which he or she is chief executive in relation to the exercise and performance of the reserved functions of the local authority or joint body.
(6) Following consideration of a report referred to in subsection (5) or a management report as provided for in section 136(2), the elected council may, by resolution, adopt a statement indicating that it is the opinion of the elected council that the actions already taken or planned to be taken by the chief executive to carry out the directions of the elected council in relation to the exercise and performance of the reserved functions of the local authority or joint body are not sufficient for such purpose, or are not sufficient to ensure the efficient discharge of such function, and such resolution shall state the reasons for such opinion.
(7) Within 14 days of the adoption of a statement pursuant to subsection (6), the chief executive shall provide to the elected council a response indicating the changes, if any, to the actions or intended actions he or she will put in place, and where the chief executive considers it so warranted, may indicate where in his or her opinion the policy of the council requires review and amendment.
(8) The chief executive shall, when requested by the elected council, whether consequent on the council’s consideration of the chief executive’s response for the purposes of subsection (7) or otherwise, advise on the review of any policy, or a review of the implementation of any policy, of the local authority (being a policy approved as a reserved function) by the local authority or joint body.”.
num: 48
paragraphs: Section 133 of the Principal Act is amended—
(a) by substituting the following for subsection (1):
“(1) The elected council of each local authority shall form a committee, to be known as the corporate policy group and in this section referred to as the ‘policy group’, consisting of—
(a) the Cathaoirleach of the local authority who shall chair the policy group,
(b) the chairpersons of the strategic policy committees of the local authority, and
(c) where for any period of time, a policy group does not contain a member from a municipal district to whom paragraph (a) or (b) relates, a municipal district member for each municipal district concerned—
(i) selected by the municipal district members for such district, or
(ii) failing such selection, the Cathaoirleach of the municipal district concerned or such other member as the Cathaoirleach may select.”,
(b) by inserting the following paragraph after paragraph (b) of subsection (2):
“(ba) Without prejudice to paragraph (a) and with respect to the policies of and functions performed by the local authority, the policy group may promote co-ordination, consistency, effectiveness and avoidance of duplication in the performance of functions of the local authority by municipal district members.”,
and
(c) by inserting the following after subsection (9):
“(10) (a) The Minister may issue policy guidelines to local authorities for the purposes of any provision of this section and such guidelines may include—
(i) procedures to be followed in respect of the manner and nature of the involvement of municipal district members with the policy group;
(ii) the format, content and layout of any particular class or classes of policy papers and other documents (including the preparation of preliminary documents) prepared by or presented to the policy group;
(iii) procedures to ensure that sufficient time for input by the policy group into policy papers is provided prior to completion and subsequent presentation to the local authority concerned.
(b) Guidelines issued under this section may relate generally to all local authorities or to a particular class or classes of local authorities and shall, in so far as the guidelines relate to them, be complied with by every local authority, chief executive, policy group and the municipal district members.”.
num: 49
paragraphs: Section 134 of the Principal Act is amended—
(a) in subsection (1) by deleting the definition of “local authority”,
(b) in subsection (6) by inserting “, including activities relating to functions of municipal district members for each municipal district,” after “local authority concerned”,
(c) by inserting the following after paragraph (e) of subsection (6):
“(ea) the policy of the local authority in relation to its functions, services and priorities for expenditure, in so far as is not otherwise set out in any other plan, statement, strategy or other document referred to in subsection (7),”,
and
(d) by deleting subsection (10) (b).
num: 50
paragraphs: The Principal Act is amended by inserting the following section after section 134:
num: 51
paragraphs: The Principal Act is amended by substituting the following for section 136:
“136. (1) Without prejudice to section 105, 135, 137 or 138, where relevant, a chief executive shall, whenever requested—
(a) by an elected council of a local authority for which he or she is the chief executive or by its Cathaoirleach,
(b) by municipal district members of a local authority for which he or she is the chief executive or by the Cathaoirleach of a municipal district,
(c) by a strategic policy committee of a local authority for which he or she is the chief executive or by its chairperson,
(d) by a local community development committee of a local authority for which he or she is the chief executive or by its chairperson, or
(e) by a joint body for which he or she is the chief executive, or by its chairperson,
afford to the council, municipal district members, Cathaoirleach, committee, chairperson or joint body concerned (as the case may be) all information that may be in the possession or procurement of such chief executive in regard to any act, matter or thing relating to or concerning any business or transaction of such local authority, municipal district members, committee or joint body (as the case may be) which is mentioned in the request.
(2) Subject to subsections (3) and (4), on or before the seventh day of each month, or such other date in each month set by resolution of the council, the chief executive shall prepare a report, to be known as the management report, in relation to the performance of his or her executive functions during the preceding calendar month, including implementation of policy or other matters required by the council in the exercise of its reserved functions, and the provision of services by the council, and shall on the set day furnish a copy of the management report to each member of the local authority.
(3) The Minister may prescribe by regulations—
(a) the form and content of the management report,
(b) the co-ordination of the management report with such other reporting requirements in this or in any other enactment as may be so prescribed,
(c) the provision for certain elements of the management report, including information provided pursuant to subsection (5), being reported on a quarterly basis or such other basis as may be specified.
(4) The Minister may issue general policy guidelines for the purposes of subsections (2), (3) and (5) and local authorities shall comply with any such guidelines.
(5) Without prejudice to the generality of subsections (3) and (4) and the requirements of section 126D in respect of any report which the local authority is the subject of, the management report shall include information on the steps taken in relation to any relevant report of the National Oversight and Audit Commission.
(6) In respect of management reports not considered at a meeting of the local authority, such reports shall be on the agenda of the next appropriate meeting of the local authority for consideration.
(7) In this section ‘quarterly basis’ means a period of 3 consecutive months ending on 31 March, 30 June, 30 September or 31 December in any year.”.
num: 52
paragraphs: Section 140 of the Principal Act is amended—
(a) in subsection (3) (a) by substituting “at least 2 members” for “at least 3 members”,
(b) in subsection (3) (c) by substituting “not less than 5 days” for “not less than 7 days”,
(c) in subsection (4) by substituting “less than 5 days” for “less than 7 days”, and
(d) in subsection (10) by deleting “or” in paragraph (c) where it last occurs and by substituting the following for paragraph (d):
“(d) so as to prevent the performance of any function of a local authority which the authority or the chief executive is required by law or by order of a court to perform,
(e) to any act, matter or thing to be done or effected in the performance of the executive functions of a local authority in respect of its functions as a planning authority under the Planning and Development Act 2000 , or
(f) to a decision to provide, to any named person or group, any service, finance or other form of assistance or benefit, financial or otherwise.”.
num: 53
paragraphs: (1) Section 141 of the Principal Act is amended by inserting the following after subsection (1):
“(1A) A member of a local authority who is elected, appointed or nominated by that authority to another body in accordance with subsection (1), shall, within 15 working days of the end of each 3 monthly period to 31 March, 30 June, 30 September and 31 December in each year notify the local authority concerned of all attendances by the member at meetings of the body concerned and any payments made by or on behalf of that body (including details of distances travelled where payments are in respect of the use of a private vehicle) to the member during the period.
(1B) Subsection (1A) shall also apply to a former member of a local authority or to a period after the holding of local elections in respect of any payments while a member of the authority but received after he or she ceases to be a member of the authority or after the holding of local elections.”.
(2) Section 142 of the Principal Act is amended—
(a) in subsection (1) by substituting the following for paragraphs (a) and (b):
“(a) attendance at meetings of—
(i) the local authority,
(ii) municipal district members of that authority,
(iii) a committee of that authority, or
(iv) a joint committee or joint body involving that authority;
(b) attendance at conferences, seminars, training or other events to which subsection (5) or (5A) applies;”,
(b) in subsection (4) by inserting the following after paragraph (g):
“(ga) a public register of all attendances and payments to which section 141 relates;”,
(c) in subsection (5) by deleting “, training” in paragraph (a) and substituting the following for paragraphs (f) and (g):
“(f) Where a member of an elected council attends a conference, seminar or other meeting or event held by virtue of an authorisation under this section, he or she shall, within 15 working days of such attendance, submit to the Cathaoirleach a written report, which shall indicate the nature of the meeting and contain a summary of the proceedings, and the Cathaoirleach shall submit the report to the next ordinary meeting of the local authority.
(fa) A report prepared for the purposes of paragraph (f) shall be made available free of charge by the local authority to any member of the public who so requests and for that purpose may be made available by that authority on its internet website.
(g) Without prejudice to paragraphs (a) to (fa), the Minister may issue general guidelines for the purposes of this subsection, including guidelines as to expenditure in relation to attendance at conferences, seminars or other meetings or events.”,
(d) by inserting the following after subsection (5):
“(5A) (a) This subsection applies to training regarding or connected with any matter that is of concern to the local authority in relation to the performance of its functions and is relevant to its administrative area and to the local community.
(b) An elected council may authorise one or more of its members to avail of training or attend training events to which this subsection applies and such authorisation may, subject to regulations under this section, be given in an individual case or as regards such attendances generally during a particular year.
(c) A local authority may provide in its budget an amount to meet expenditure for the purposes of this subsection.
(d) An elected council shall not authorise under this subsection unless, having had regard to the following matters, it is satisfied that the authorisation is justified having particular regard to any training referred to in guidelines issued in accordance with paragraph (f)and having regard to—
(i) the benefits likely to accrue,
(ii) the general interests of its administrative area and the local community, and
(iii) the total cost involved.
(e) An authorisation under this subsection is a reserved function and such authorisations shall not exceed the amount provided for in accordance with paragraph (c).
(f) Without prejudice to paragraphs (a) to (e), the Minister may issue general guidelines for the purposes of this subsection, including guidelines as to the syllabus of a training programme, the development of a training programme, the nomination of training by specified bodies, either generally or in respect of specified courses, as suitable for inclusion in a training programme and expenditure in relation to attendance at specified training events.
(g) The Minister may make regulations—
(i) requiring attendance within a specified period by members of local authorities, or any class of such members, at training or development courses (otherwise than at his or her own expense) of a type necessary or appropriate for the members to attend so as to enable each such member to discharge his or her duties as a member of the local authority, joint board, committee of a local authority or member of another body to which section 141(1) relates, as the case may be,
(ii) providing for a reduction in remuneration or any allowances for expenses (including the amount of such reduction expressed as a percentage of specified remuneration or allowances for expenses, as the case may be) which would otherwise be payable to a member of a local authority by virtue of regulations under this section where such member fails to attend training or development courses which he or she is required to attend under regulations to which subparagraph (i) relates, and
(iii) providing for exceptional or compassionate grounds (either generally or by reference to specified types of circumstances) where a reduction to which subparagraph (ii) relates would not apply.”,
and
(e) by substituting the following for subsection (6):
“(6) A local authority shall comply with any guidelines issued under subsections (5) (g) and (5A)(f).”.
num: 54
paragraphs: (1) The Principal Act is amended by substituting the following for Chapter 2 of Part 14:
“Chapter 2
Position of Chief Executive
Position of chief executive
num: 144
paragraphs: (1) For every county, city and city and county there shall be a chief executive to be known as ‘the Chief Executive of.......’ (followed by the name of the city council, county council or city and county council, as the case may be) who shall hold employment under the council concerned.
(2) Subject to section 16 of the Local Government Reform Act 2014, a person who was, immediately before the 2014 establishment day, a county manager or city manager shall, unless he or she was retiring or resigning with effect from the end of that day, continue in office and shall be referred to in accordance with subsection (1).
(3) (a) A reference in any enactment, however expressed, to a county manager or city manager shall, with effect to the 2014 establishment day, be read (other than in respect of a provision that was spent before that day or is in the nature of a transitional matter provided for by the Local Government Reform Act 2014) as a corresponding reference to a chief executive and, where the context permits or requires, includes a reference to the chief executive of a city and county council.
(b) Paragraph (a) does not apply to—
(i) the title of any Act,
(ii) the citation of an instrument made under any Act, or
(iii) the name of any organisation or body referred to in any enactment.
(4) Any function which immediately before the date of the commencement of section 54 of the Local Government Reform Act 2014 was, by virtue of any enactment a function of a city manager or a county manager shall, on and from that date, continue to vest in and be a function of the chief executive of the local authority concerned.
(5) The chief executive of a local authority shall by virtue of his or her position be the chief executive for every joint body whose functional area is wholly situated within such county.
(6) Where the functional area of a joint body extends into—
(a) two or more counties, or
(b) a city or a city and county and one or more counties,
then the chief executive of such county, city or city and county as the Minister shall by order appoint shall also be the chief executive for such joint body.
(7) The Minister may prescribe by regulations any body to be a joint body and any body so prescribed shall be a joint body for the purposes of this section.
(8) The position of chief executive is, subject to section 145, an office to which the Local Authorities (Officers and Employees) Act 1926 , applies.
Appointment of chief executive
num: 145
paragraphs: (1) The following are reserved functions—
(a) the appointment by a county council, city council or a city and county council of a chief executive under section 6 of the Local Authorities (Officers and Employees) Act 1926 (in this section referred to as the ‘Act of 1926’) by virtue of a recommendation of the Chief Executive of the Public Appointments Service, and
(b) the suspension or removal from employment of a chief executive in accordance with section 146.
(2) For the purposes of section 6 of the Act of 1926 a request shall be deemed to have been submitted in respect of the employment of a chief executive—
(a) in the case of a chief executive to whom section 147 applies—
(i) 6 months in advance of the expiration of the tenure period referred to in section 147(1), or
(ii) on the date that chief executive ceases to hold employment,
whichever is the earlier, and
(b) in any other case—
(i) 6 months in advance of the date that chief executive would attain the age-limit for his or her employment, or
(ii) on the date that chief executive ceases to hold employment,
whichever is the earlier.
(3) Where, as respects a county council, city council or city and county council, including a county council or city council in a group of authorities, a recommendation is made under section 6 of the Act of 1926 of a person for appointment as the chief executive, such council shall—
(a) within 3 months of the date of the recommendation meet and decide to appoint or not appoint as chief executive the person so recommended, and
(b) in the event of deciding not to approve the appointment, furnish to the recommended person the reasons for such decision.
(4) (a) The Minister may make regulations relating to the procedures to be followed by every local authority (including a county council or city council in a group of authorities)—
(i) when considering a recommendation made to it to which subsection (1)(a) relates, and
(ii) for the purposes of subsection (3),
and each such local authority shall comply with those regulations.
(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may provide for arrangements to be put in place and used in respect of the consideration of a recommendation made under section 6 of the Act of 1926, and for that purpose such arrangements may include—
(i) provisions for the purpose of a local authority seeking information from the recommended person in respect of his or her proposed appointment, the time periods within which—
(I) such information may be so sought, and
(II) further information may be so sought,
and the manner of the provision of such information to the local authority,
(ii) the manner of dealing with information, whether from the recommended person or otherwise, associated with such a recommendation,
(iii) the criteria to apply in respect of the consideration of such a recommendation,
(iv) the records to be maintained by a local authority in relation to the consideration of such a recommendation,
(v) the conducting otherwise than in public of any meeting, or part of a meeting, that considers or otherwise relates to such a recommendation, and
(vi) the keeping in a confidential manner of information obtained, whether from the recommended person or otherwise, and records maintained that relate to such a recommendation.
(c) In making regulations under paragraph (a), the Minister may have regard to and take account of any code of practice issued by the Commission for Public Service Appointments under section 23 of the Public Service Management (Recruitment and Appointments) Act 2004 in existence at the time of the making of the regulations that would relate (in whole or in part) to the selection process that precedes a recommendation to which subsection (1)(a) applies.
(5) Where, as respects a county council, city council or city and county council, including a county council or city council in a group of authorities, such council has decided to not appoint as chief executive the person recommended to which subsection (1)(a) relates, then, for the purposes of section 6 (other than subsection (4) ) of the Act of 1926, and notwithstanding the said subsection (4) or any other provision of this Act or any other enactment, a further request shall be deemed to have been submitted in respect of the employment of a chief executive.
(6) Where a position of chief executive becomes vacant the Minister shall appoint a person to be the chief executive temporarily until a permanent appointment to the position is made but such temporary appointment may be terminated by the Minister at any time.
(7) Section 5 of the Act of 1926 does not apply to the position of chief executive.
Suspension and removal of chief executive
num: 146
paragraphs: (1) (a) Subject to this section, the elected council of a local authority may by resolution suspend or remove from employment the chief executive for such local authority for stated misbehaviour or if his or her suspension or removal appears to them to be necessary for the effective performance by the local authority of its functions.
(b) A copy of any resolution passed under this section shall be sent without delay to the Minister.
(2) Notice of the intention to propose a resolution under this section shall—
(a) be signed by at least one-third of the total number of members of the local authority concerned,
(b) contain a statement of the reasons for the proposed suspension or removal,
(c) in the case of a suspension, specify a period not exceeding 2 months for the proposed suspension,
(d) specify a day for the holding of a special meeting to consider the proposed suspension or removal being a day which is not less than 21 days after the day on which the notice is delivered under paragraph (e),
(e) be delivered to the meetings administrator, and
(f) be delivered or sent to the chief executive concerned.
(3) The meetings administrator shall on receipt of a notice and without delay send a copy of it to every member of the local authority and convene a special meeting for the date so specified to consider the proposed suspension or removal.
(4) The chief executive may prepare a statement of response in relation to the proposed suspension or removal and such statement shall be sent to each member of the local authority concerned.
(5) It is necessary for the passing of a resolution under this section that—
(a) at least three-quarters of the total number of members of the local authority concerned vote in favour of the resolution, and
(b) the members of the council concerned shall have considered any statement prepared by the chief executive under subsection (4).
(6) A person who is suspended under this section may subsequently be removed from office in accordance with this section.
(7) (a) A chief executive shall not be removed under this section without the sanction of the Minister given under this subsection.
(b) The Minister may appoint a panel of 3 persons—
(i) to consider the removal of a chief executive the subject of a resolution under this section and the chief executive’s statement of response,
(ii) to recommend whether the Minister should give sanction to such removal, and
(iii) to make such other recommendations (if any) as the panel may consider appropriate in all the circumstances.
(c) A panel shall be independent in the performance of its functions.
(d) A panel shall include a chairperson and 2 other persons having knowledge of or experience in local government, human resources or management.
(e) A sanction shall not be given under this subsection except by virtue of a recommendation under paragraph (b).
(8) The Minister may by regulations prescribe any matter of procedure for the purposes of this section.
Tenure of chief executive
num: 147
paragraphs: (1) Notwithstanding any other enactment, a person appointed to a position of chief executive holds the employment unless he or she earlier dies, resigns or is removed, during whichever of the following tenure periods is the shorter—
(a) a period of such length as the Minister specifies by order,
(b) the period from the date of the appointment to the date on which he or she attains such age as the Minister specifies by order,
and on the expiration of that period he or she ceases to hold the employment.
(2) Notwithstanding any enactment (including subsection (1) ) or instrument made under such enactment, the tenure period of a chief executive referred to in subsection (1)(a) shall, subject to and in accordance with this section and with regulations made by the Minister for the purposes of this subsection, be extended where notification (in this section referred to as the ‘prescribed notification’)—
(a) is given by the chief executive to the Cathaoirleach of the local authority concerned, and
(b) is in the form prescribed by regulations made under this section, but in no case shall the tenure period as so extended exceed 10 years.
(3) On receipt of a prescribed notification the Cathaoirleach of the local authority concerned shall—
(a) inform the members of the local authority of it at the next meeting of that local authority, and
(b) transmit a copy of it to the Minister and to the chief executive of the Public Appointments Service.
(4) The Minister may make regulations for the purposes of subsection (2)and such regulations may provide for:
(a) the form of the prescribed notification;
(b) the period (in this section referred to as the ‘notification period’) within which a prescribed notification shall be given;
(c) subject to subsection (2), the period by which the tenure period shall be extended;
(d) the position of chief executive to which subsection (5) does not apply;
(e) the application of different periods for the purposes of paragraphs (b) and (c) to specified classes of chief executive.
(5) Subject to regulations made under subsection (4)(d) —
(a) a chief executive whose tenure period is extended under subsection (2) shall not apply for appointment to any position of chief executive during the period commencing on the date the chief executive gives a prescribed notification and ending on a date which is 6 months prior to the expiration of the extended tenure period (in this subsection referred to as the ‘exclusion period’), and
(b) notwithstanding section 6 of the Local Authorities (Officers Employees) Act 1926 , a chief executive who has given a prescribed notification shall not be considered by the Public Appointments Service for selection for any position of chief executive during the exclusion period.
(6) (a) A notification period referred to in subsection (4) (b) shall be wholly within the tenure period.
(b) A prescribed notification for the purposes of this section which is given outside of the notification period is invalid.
(7) Where the tenure period of a chief executive stands extended in accordance with this section, such extended tenure period shall be the tenure period for the purposes of subsection (2) of section 145 and that section shall apply accordingly.
(8) The Local Government (Tenure of Office) Order 2000 ( S.I. No. 221 of 2000 ) and the Local Government (Tenure of Office of Managers) Regulations 2000 ( S.I. No. 219 of 2000 ) shall be deemed to have been made under subsections (1) and (4), respectively, and shall continue to have effect and may be amended or revoked accordingly.
(9) Nothing in this section operates to interfere with or alter the tenure of a chief executive—
(a) whose tenure is governed by an order under section 47 of the Local Government Act 1991 (in this subsection referred to as the ‘Act of 1991’), or
(b) whose tenure is governed by such an order and section 47A (inserted by section 1 of the Local Government Act 2000 ) of the Act of 1991,
notwithstanding the repeal by this Act of the Act of 1991 and of the Local Government Act 2000 .
Deputy chief executive
num: 148
paragraphs: (1) (a) A chief executive, following consultation with the Cathaoirleach of the local authority concerned may by order appoint an employee of that authority to be a deputy chief executive for the purposes of subsection (2) and may at any time terminate such appointment.
(b) An order under paragraph (a) may provide that where an appointee specified in the order is not available such other employee as may be so specified shall stand appointed as deputy chief executive for so long as the first-mentioned appointee is unavailable.
(c) An appointment under this subsection may be made by reference to a particular individual or to the holder for the time being of a particular employment.
(2) A deputy chief executive shall by virtue of this section act as and be the chief executive for the duration of any period which may arise from time to time (whether by way of vacation, illness or other reason) during which the chief executive is temporarily unable to act.
(3) (a) Where a chief executive has for any reason become temporarily unable to act and—
(i) has not made an appointment under subsection (1),
(ii) there is no subsisting appointment, or
(iii) the appointee is incapacitated or otherwise unable to act,
the Cathaoirleach of the local authority concerned may appoint an employee of the local authority to be deputy chief executive for the remainder of the duration of the inability of the chief executive to act and may at any time terminate such appointment.
(b) Notification of an appointment under subsection (1) or (3) shall be sent to the Minister and every member of every local authority concerned as soon as may be after the appointment is made.
(4) (a) The Minister may appoint an employee of a local authority to be deputy chief executive if a chief executive is for any reason temporarily unable to act and an appointment under subsection (1) or (3) is not for the time being in force.
(b) The Minister may at any time terminate an appointment to which paragraph (a) applies.
(5) A deputy chief executive shall act as and be the chief executive during the continuance of the inability of the chief executive to act or until—
(a) the appointment is sooner terminated under subsection (1), (3) or (4), or
(b) on account of the death, retirement, resignation or inability otherwise to act, of the deputy chief executive.
(6) A reference in any enactment including this Act to a chief executive shall be read as including a deputy chief executive acting as chief executive in accordance with this section.
Executive functions
num: 149
paragraphs: (1) In this section—
‘elected council’ includes the members of a joint body;
‘local authority’ includes a joint body.
(2) In respect of each local authority for which he or she is chief executive, a chief executive is responsible for—
(a) the efficient and effective operation of each such local authority, and
(b) for ensuring under section 132 the implementation without undue delay of the decisions of the elected council.
(3) For the purposes of discharging the responsibilities set out under subsection (2), the chief executive shall—
(a) exercise and perform in respect of each local authority for which he or she is the chief executive, the executive functions of such local authority (including all functions in relation to the employees of each such local authority), and
(b) for that purpose carry on and manage and control generally the administration and business of the authority.
(4) Every function of a local authority which is not a reserved function is, for the purposes of this Act, an executive function of such local authority.
(5) All such matters and things, including the making of contracts and the affixing of the official seal, as are necessary for or incidental to the exercise or performance of the executive functions of a local authority shall, subject to this Act or any regulations made under it, be done by the chief executive for such local authority.
(6) Subject to law, the functions of a chief executive shall be performed in accordance with the policy of the local authority as determined by the elected council in accordance with Chapter 1 of this Part.
(7) The chief executive, in performing his or her functions in accordance with subsection (6), shall have regard to the views of the elected members of the council, expressed in any of the following ways:
(a) at a meeting of the council;
(b) at a meeting of the municipal district members;
(c) at a meeting of any committee of the council;
(d) in responses in writing to any request for input to the development by the local authority of a new policy or an amendment of an existing policy.
(8) The chief executive shall, when requested by the elected council—
(a) report on the actions already taken and planned to be taken in exercise of his or her executive functions,
(b) review the implementation of, and any actions planned to implement, any executive function and report to the council in the matter.
Executive functions and shared services
149A. (1) In respect of executive functions of a local authority, where 2 or more local authorities agree, or had agreed before the commencement of this section, that, in the interests of efficiency and effectiveness, a specified executive function should be performed by one of them (in this subsection referred to as the ‘nominated local authority’) on behalf of the other local authority or local authorities (as the case may be), then the nominated local authority may perform, and be deemed always to have had the power to perform, the function on behalf of the other local authority or local authorities (as the case may be).
(2) Nothing in this section shall be read as affecting section 34(1)(aa) (inserted by the Waste Management (Amendment) Act 2001 ) of the Waste Management Act 1996 .”.
num: 55
paragraphs: Section 151 of the Principal Act is amended by substituting the following for subsection (7):
“(7) Every document claiming to be certified in writing—
(a) by a chief executive to be a true copy of an order made by a chief executive in accordance with this section, or
(b) by a delegated employee in accordance with section 154 to be a true copy of an order made by a delegated employee in accordance with that section,
shall—
(i) be received in evidence without proof of the signature of the person claiming so to certify or that such person was such chief executive or such delegated employee, as the case may be, and
(ii) until the contrary is proved, be deemed to be evidence of the contents of the order of which it claims to be a copy and of the fact that such order was duly made and signed by such chief executive in accordance with this section or by such delegated employee in accordance with section 154, as the case may be, on the date stated in the certified copy.”.
num: 56
paragraphs: Section 225 of the Principal Act is amended—
(a) in subsection (3) by substituting the following for paragraphs (c) and (d):
“(c) the provision of policy support and other assistance to its constituent authorities as regards any matter relating to or that may relate to local government,
(d) the assessment of public policy as regards any matter relating to or that may relate to local government, and
(e) the provision of advice and the making of submissions to the Minister or other public authorities as regards such matters.”,
and
(b) by inserting the following after subsection (3):
“(3A) (a) Where an association of local authorities or, in the event that there is a single association, such association requests a meeting with the Minister in relation to activities under subsection (3), the Minister shall meet a delegation from the association, or hold a meeting to which paragraph (b) applies, at least once in every year.
(b) Where there is more than one association of local authorities in being at the time of a request or requests for a meeting with the Minister under this subsection is or are received, the Minister may require the meeting for the purposes of paragraph (a) to be a meeting with a joint delegation from those associations.”.
num: 57
paragraphs: Schedule 10 to the Principal Act is amended—
(a) in paragraph 3 by substituting the following for subparagraphs (1) and (2):
“(1) In every year in which a local election is held, the annual meeting of a local authority shall be held on the fourteenth day after the polling day or, where the poll is for any reason countermanded, interrupted or adjourned, after the day on which the poll is completed or the fresh poll is held.
(2) Where the fourteenth day referred to in subparagraph (1) is an excluded day, the meeting shall be held on the next following day which is not an excluded day.”,
(b) in paragraph 4 by substituting the following for subparagraph (4):
“(4) In the case of the annual meeting of a local authority in an election year the business to be transacted shall, subject to this paragraph, include—
(a) the consideration of the election, appointment or nomination of members of joint bodies or other bodies elected, appointed or nominated by such local authority, and
(b) fixing 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, so long as the day or days so fixed shall not be later than 10 days after that annual meeting of the local authority and not be an excluded day.”,
(c) by substituting the following for paragraph 5:
“5. A local authority shall hold its budget meeting in accordance with section 103 within the period directed by the Minister for the purposes of that section.”,
(d) in paragraph 13 by inserting the following after subparagraph (3):
“(4) Where at a meeting—
(a) it has been resolved in accordance with subparagraph (1) that a member leave a meeting and the chair adjourns the meeting under subparagraph (3) because the member refuses to leave, and
(b) it has been resolved by further resolution that the member was the cause of the meeting being so adjourned,
then any remuneration to, and any allowances for expenses incurred, by that member concerned, as provided for by regulations under section 142, shall be reduced for the period of 12 months (irrespective of whether or not a local election is to be held during that period) from the date of the meeting concerned as follows:
(i) on the first occasion of it being resolved that the member refused to so leave, 10 per cent;
(ii) on the next or subsequent occasions of it being so resolved and where paragraph (iii), (iv), (v) or (vi) does not apply, 10 per cent;
(iii) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (i)or (ii) relates, 30 per cent;
(iv) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (iii)relates, 50 per cent;
(v) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (iv)relates, 70 per cent;
(vi) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (v)relates, 90 per cent.
(5) (a) Where at a meeting—
(i) the resolutions referred to in clauses (a) and (b) of subparagraph (4) have been resolved, and
(ii) where, following the chair expressing the further opinion that the member has continued to be disorderly by disregarding the ruling of the chair, or by behaving irregularly, improperly or offensively, or by otherwise obstructing the business of the meeting and the chair has conveyed such further opinion to the members present by naming the member concerned, it has been resolved further by at least two-thirds of those present and voting, on a motion moved by the chair or any member (which motion, if seconded, shall have been put and determined without discussion) that for a specified period ‘the member stand suspended with immediate effect from all meetings of the local authority and any committee of the local authority, and all meetings of municipal district members’ and the period so specified is, subject to clause (c), for at least one month but does not exceed 3 months,
then the consequences provided for by subparagraph (4) shall not apply to the member concerned in relation to that suspension except and to the extent provided for by clause (g)in respect of any other suspension.
(b) Having regard to clause (f), the members of the local authority may, at any subsequent meeting during the period specified in the resolution under clause (a) (ii), pass a further resolution lifting the suspension, and the suspension shall be lifted with immediate effect.
(c) If, within a period of 3 months following the ending of a suspension in accordance with clause (a) or (b), further resolutions to which clause (a) relates are proposed to be adopted in respect of that member, then the period provided for in a resolution under clause (a) (ii) shall be at least 3 months but shall not exceed 6 months.
(d) Having regard to clause (f), a suspension under this subparagraph shall cease to have effect on the ordinary day of retirement.
(e) Where a resolution under clause (a) suspending a member has been passed, the member concerned shall not be entitled to attend, speak at or take any part in any meetings of the local authority and any committee of the local authority, and any meetings of municipal district members, and notwithstanding the provisions of paragraphs 6 and 7, shall not be entitled to present a request to the Cathaoirleach to require a special meeting of the local authority to be convened and shall not be entitled to receive any services in respect of meetings of the local authority or any committee of the local authority, or meetings of municipal district members, including the agenda and papers circulated to members, for the period specified in the resolution while it remains in force.
(f) No remuneration to, or allowances for expenses incurred, by the member concerned, as provided by regulations under section 142, shall be paid (irrespective of whether a local election is to be held during the period concerned) for the duration of the suspension to which clause (a) or (c) relates. Notwithstanding any lifting of a suspension in accordance with clause (b), or cessation of a suspension in accordance with clause (d), such lifting or cessation shall not have the effect of reducing the period in respect of which remuneration or allowances for expenses incurred are not to be paid as a consequence of the suspension.
(g) The suspension of remuneration or allowances for expenses incurred by virtue of clause (f) shall, during the suspension period specified in the resolution under this paragraph, supersede any reduction in remuneration or allowances for expenses that would, but for this clause, be incurred under subparagraph (4) but shall not affect any such reduction after the suspension period so specified.
(6) The chief executive, following consultation with the Cathaoirleach, may make such provision for the exclusion or, where necessary, the removal from any meeting of the local authority or any committee of the local authority, or meeting of municipal district members, of the member suspended in accordance with subparagraph (1) or (5) as appear necessary to the chief executive.”,
(e) in paragraph 15 by substituting “chief executive” for “manager”,
(f) in paragraph 17(1), by substituting “or, subject to any regulations made under section 44(3), a joint committee” for “or a joint committee”, and
(g) in paragraph 17, by inserting the following after subparagraph (1):
“(1A) In the application under subparagraph (1) of paragraph 13, nothing shall be read as enabling a committee of a local authority or a joint committee passing a resolution to suspend a person other than from the committee or joint committee itself.”.
num: 58
paragraphs: Chapter 1 of Part 12 of the Principal Act is amended—
(a) in section 97 by deleting subsection (2) (a),
(b) in section 97 by inserting in subsection (3) “(including by or on behalf of a successor authority in respect of a dissolved body to which the successor authority relates)” after “all money received by or on behalf of a local authority”,
(c) by deleting sections 100 and 101,
(d) in section 102 by substituting the following for subsection (3):
“(3) The draft local authority budget shall be prepared under the direction of the chief executive in the manner and in the format that may be prescribed by regulations made by the Minister showing the amounts necessary for the functional programmes of the authority.”,
(e) in section 102 by inserting the following after subsection (4):
“(4A) (a) In the case of a county council or a city and county council, the chief executive shall consult the municipal district members for each municipal district in the council’s functional area in the preparation of a draft local authority budget and, for that purpose, a draft budgetary plan for the municipal district shall be prepared under the direction of the chief executive and submitted for consideration by the municipal district members for each municipal district in the manner and in the format that may be prescribed by regulations made by the Minister.
(b) In determining the resources to be made available to each municipal district in the draft budgetary plan, the chief executive shall have regard to—
(i) the needs of, and the resources available or likely to be available to, the local authority, and
(ii) resource needs of each municipal district including, where appropriate, the population of each municipal district.
(c) Following consideration of a draft budgetary plan under paragraph (a), the municipal district members shall by resolution adopt the draft budgetary plan with or without amendment.
(d) The making of amendments under paragraph (b) by the municipal district members is a reserved function.
(e) The chief executive shall take account of any budgetary plan adopted by the municipal district members in preparing the draft local authority budget (in accordance with subsection (2)).”,
(f) in section 103 by substituting the following for subsection (2) (b):
“(b) which is held during the period directed by the Minister, and”,
(g) in section 103 by substituting the following for subsection (7) (b):
“(b) shall by resolution adopt the draft local authority budget with or without amendment, and—
(i) shall—
(I) subject to section 10 of the Local Government (Financial Provisions) Act 1978 , by resolution determine in accordance with the local authority budget as so adopted, the annual rate on valuation to be levied, and
(II) where appropriate, have regard to the base year adjustment determined in accordance with section 29 of the Local Government Reform Act 2014,
or
(ii) where it is a joint body, shall prepare and by resolution adopt, in accordance with the local authority budget as so adopted, the demand by the joint body whereby the money to meet the expenses of the joint body, in the forthcoming local financial year is to be obtained.”,
(h) in section 103 by substituting the following for subsection (9):
“(9) Notwithstanding the other provisions of this section and section 102, a local authority budget may be adopted and the annual rate on valuation determined (including, where appropriate, having regard to the base year adjustment determined in accordance with section 29 of the Local Government Reform Act 2014) in the local financial year to which that budget or that rate applies, where this is in accordance with the period directed by the Minister for holding the local authority budget meeting.”,
(i) by inserting the following new section after section 103:
num: 59
paragraphs: The Principal Act is amended by substituting the following for section 122:
“122. (1) A local authority shall establish a committee, to be known as an audit committee, within 3 months of—
(a) the polling day for the election of the incoming members of the local authority or,
(b) where the poll is for any reason countermanded, interrupted or adjourned, the day on which the poll is completed or the fresh poll is held, and from that establishment any audit committee previously established shall cease to exist.
(2) The functions of an audit committee are—
(a) to review financial and budgetary reporting practices and procedures within the local authority that has established it,
(b) to foster the development of best practice in the performance by the local authority of its internal audit function,
(c) to review any audited financial statement, auditor’s report or auditor’s special report in relation to the local authority and assess any actions taken within that authority by its chief executive in response to such a statement or report and to report to that authority on its findings,
(d) to assess and promote efficiency and value for money with respect to the local authority’s performance of its functions, and
(e) to review systems that are operated by the local authority for the management of risks.
(3) The Minister may prescribe by regulations for all or any of the following matters regarding an audit committee:
(a) its membership;
(b) the holding by it of meetings, including the frequency of those meetings and the conduct of them;
(c) the preparation of reports by it and the furnishing of them to other persons;
(d) the performance by it of its functions, whether generally or in particular cases, and the procedures to be followed in relation to that performance;
(e) the provision for privilege to attach to statements made to it or made by members of the committee in their capacity as such members;
(f) such other matters that are incidental to, or consequential on, any of the matters set out in paragraphs (a) to (e).”.
num: 60
paragraphs: The Principal Act is amended by substituting the following for section 121:
“121. (1) Following receipt by the local authority or joint body (in this section referred to as a ‘relevant authority’) of the audited financial statement, auditor’s report or auditor’s special report, the chief executive of the relevant authority shall provide that statement or report to the audit committee for consideration at the next practicable meeting of the committee.
(2) The local government auditor who conducted the audit, or who has been appointed in accordance with section 124, shall attend a meeting of the audit committee to present his or her report and clarify such issues as may be necessary in relation to the content of the auditor’s report or special report.
(3) The audit committee shall report to the relevant authority on its consideration of the audited financial statement, auditor’s report or auditor’s special report at the next practicable meeting of the relevant authority following the audit committee’s consideration.
(4) At any time within 3 months of the audited financial statement, auditor’s report or auditor’s special report having been submitted to the relevant authority in accordance with section 120, the local government auditor who carried out the audit may notify the local authority or joint body that he or she wishes to discuss it with that authority.
(5) Following notification under subsection (4), a local government auditor is entitled to attend the next meeting of the relevant authority following the notification to discuss the audited financial statement, auditor’s report or auditor’s special report, as the case may be, or to attend such other meeting of the relevant authority as the local government auditor may specify.
(6) Subject to any guidelines the Minister may issue from time to time, the matters to be discussed by an audit committee or the relevant authority at a meeting during any period when the local government auditor concerned attends shall be limited to matters directly related to the audited financial statement, the auditor’s report or the auditor’s special report, as the case may be.
(7) A local government auditor is entitled to qualified privilege in relation to any statements made by him or her at any meeting that he or she attends under this section in his or her capacity as such an auditor.”.
num: 61
paragraphs: (1) The Principal Act is amended by inserting the following Part after Part 12:
“PART 12A
National Oversight and Audit Commission
Interpretation (Part 12A)
126A. In this Part—
‘appropriate Minister’ means any Minister of the Government (other than the Minister)—
(a) on whom functions stand conferred, or
(b) who has general responsibility,
in respect of or in connection with the matter in question;
‘Commission’ means the National Oversight and Audit Commission established under this Part;
‘local authority’ includes a joint body and a joint committee;
‘local government body’ means—
(a) a local authority,
(b) a regional assembly,
(c) any trust or other body (whether corporate or unincorporated) over which one or more local authorities or regional assemblies, or both, exercise actual or effective control whether directly or indirectly through nominees (however described) or otherwise,
and includes any trust or other body, or a class of trust or other body, to which a determination under section 126L(3) relates;
‘report’, in relation to a report of the Commission other than its annual report, means a report or information under section 126C(1) (i) or a report under section 126D.
Establishment of Commission
126B. (1) The Minister shall by order establish a body to be known as the National Oversight and Audit Commission (in this Part referred to as the ‘Commission’) to perform the functions assigned to it by this Part.
(2) The Commission and its members are independent in the performance of their functions.
Functions of Commission
126C. (1) The functions of the Commission are as follows:
(a) to scrutinise the performance of any local government body against or in comparison with any indicative matter (in this Part referred to as ‘relevant indicators’) that—
(i) the Commission considers it appropriate to refer to (which shall include indicative matters relating to customer service), or
(ii) the Minister may prescribe by regulations for the purpose of this paragraph;
(b) to scrutinise the financial performance, including in relation to value for money, of any local government body, in respect of the financial resources available to it;
(c) to support the development and enhancement of best practice in the performance by local government bodies of their respective functions;
(d) to monitor and evaluate adherence to any agreement in the nature of a service level agreement entered into by one or more local government bodies, whether or not all parties to such an agreement are local government bodies;
(e) to oversee how national policy in relation to local government is implemented by local government bodies;
(f) to monitor and evaluate the implementation of public service reform (including enhanced efficiencies) by local government bodies either generally or in respect of any local government body or class of such bodies;
(g) to monitor the adequacy of the corporate plan prepared—
(i) by a regional assembly pursuant to section 43 (as amended by the Local Government Reform Act 2014) of the Local Government Act 1991 , and
(ii) by a council pursuant to section 134,
and to evaluate implementation of such plans either generally or in respect of any local government body or class of such bodies;
(h) to take such steps as are appropriate under its other functions for the purposes of any request under section 126D and to furnish reports or other information in relation to that request to the Minister or the appropriate Minister, as the case may be;
(i) in addition to reports or other information furnished under section 126D and to its annual reports under section 126K, to prepare on its own initiative such other reports or information on matters relating to its functions as the Commission considers appropriate.
(2) The Commission has power to do anything that appears to it to be requisite, advantageous or incidental to, or to facilitate, the performance of its functions, including the making of arrangements by agreement with any person or body to assist the Commission in the proper discharge of any of its functions.
(3) (a) The Minister may, with the consent of the Minister for Public Expenditure and Reform, by order confer on the Commission such additional functions connected with the functions for the time being of the Commission as the Minister determines, subject to such conditions (if any) as may be specified in the order.
(b) An order under paragraph (a) may contain such incidental, supplementary and additional provisions as may, in the opinion of the Minister, be necessary to give full effect to the order.
Reports to Minister or appropriate Minister
126D. (1) The Minister or an appropriate Minister may in writing request the Commission to prepare a report on any matter to which the functions of the Commission relate in respect of any aspect of local government specified by the Minister or the appropriate Minister, as the case may be, in respect of which he or she performs functions or has general responsibilities.
(2) A request under subsection (1) shall relate to one or more local government bodies specified in the request or to a class of such bodies so specified.
(3) Where a request has been made under subsection (1) the Commission shall, to the extent that its functions permit, comply with the request and have regard to such considerations or matters in preparing its report as are specified in the request.
(4) (a) Where the Commission considers it appropriate in the circumstances, the Commission may, following consultation with the regional assembly or regional assemblies concerned, require it or them to prepare and submit for the Commission’s consideration a draft of any such report.
(b) A draft report prepared and submitted to the Commission under paragraph (a) may be amended by it as it sees fit and any such report, whether amended or not, that has been adopted by the Commission and is subsequently submitted by the Commission to the Minister or the appropriate Minister, as the case may be, shall for the purposes of subsection (1) be deemed to be a report prepared by the Commission.
(c) Without prejudice to the Commission’s duty to prepare a report when requested under subsection (1), a draft report prepared and submitted to the Commission under paragraph (a) —
(i) may be submitted by the Commission to the Minister or the appropriate Minister, as the case may be, without being adopted by the Commission under paragraph (b), and
(ii) any such report so submitted by the Commission shall be accompanied by a note stating that it has not been adopted and giving the reasons why it has not been adopted.
(5) A report of the Commission to the Minister or the appropriate Minister under this section shall—
(a) be in writing,
(b) where appropriate, include the responses by the local government body to which the report relates to queries from the Commission,
(c) include the recommendations of the Commission in relation to the matters which are the subject of the report, and
(d) include recommendations in relation to such ancillary or related matters (including financial matters) as the Commission may consider appropriate or as the Minister or the appropriate Minister may specify in a request under subsection (1).
(6) (a) The Minister or the appropriate Minister shall furnish a copy of a report provided to him or her by the Commission under this section to—
(i) each local government body that is the subject matter of the report,
(ii) in the case of a local government body other than a local authority or a regional assembly, to each local authority or regional assembly that exercises actual or effective control within the meaning of ‘local government body’ in section 126A,
(iii) the Joint Committee of the Houses of the Oireachtas to which has been assigned the role of examining matters relating to local government, and
(iv) any other Joint Committee of the Houses of the Oireachtas which has general responsibility in respect of or connected with the matters to which the report relates.
(b) Where a report has been furnished under paragraph (a), the Minister or the appropriate Minister shall advise the Commission accordingly and the Commission shall, as soon as practicable thereafter, cause the report to be published.
(7) Within 28 days of receipt of a report pursuant to subsection (6) in respect of a local authority for which he or she is chief executive, or in respect of any local government body over which the local authority exercises actual or effective control, the chief executive shall present to the council an implementation plan setting out the steps to be taken in relation to that report.
(8) The adoption of an implementation plan referred to in subsection (7), other than any part of such plan that exercises or would seek to exercise functions in relation to the employees of the local authority or employees of any local government body over which the local authority exercises actual or effective control, shall be a reserved function.
(9) A local authority or regional assembly which is the subject of a report, or is an authority or assembly that exercises actual or effective control over a local government body which is the subject of a report, published under this section shall, in its annual report, include reference to the steps taken in relation to that report during the period to which the annual report relates.
Requests for information, etc., made to local government body, etc.
126E. (1) It is the duty of every local government body—
(a) to have due regard to a request made to it by the Commission for any information, document or thing, which in the opinion of the Commission is relevant to assist the Commission in the performance of its functions, and
(b) subject to subsections (2) and (3), to comply with all such requests so made.
(2) Where proceedings are instituted by the Commission—
(a) against a local government body for breach of duty under this section, and
(b) for the purposes of seeking compliance with the request concerned or a specified part of that request,
it shall be a valid defence for the local government body to show that the request made by the Commission, or so much of the request in respect of which the proceedings relate, was materially disproportionate to what was required to achieve the intended result of the request or that part of the request to which the proceedings relate.
(3) Nothing in this section shall be read as requiring the disclosure of confidential information, the disclosure of which would be in breach of non-disclosure obligations provided for by law or the disclosure of commercially sensitive information.
Requests for information, etc., made to certain public authorities
126F. A public authority to which section 126E does not apply shall have due regard to a request made to it by the Commission for any information, document or thing, which in the opinion of the Commission is relevant to assist the Commission in the performance of its functions, and to use its best endeavours to facilitate such a request.
Submissions to Commission
126G. (1) The Commission may give public notice of its intention to prepare a report (in this section referred to as a ‘proposed report’) to which section 126C(1) (i) or 126D relates.
(2) The public notice referred to in subsection (1), which shall be published in a newspaper circulating in the area to which the subject matter of the proposed report relates, shall indicate that—
(a) any person may make a submission to the Commission in relation to the subject matter of the proposed report in a manner and within the period as is specified in that notice, and
(b) submissions received by the Commission within the period specified in that notice may be made available for public inspection.
(3) The Commission shall consider any submissions made to it in accordance with the public notice or made by a local government body under this section or otherwise.
(4) Submissions received by the Commission under this section may be made available by them for public inspection—
(a) at such time and place and under such conditions as may be specified by the Commission and for that purpose may be made available by the Commission on its internet website, and
(b) where not published by the Commission on its internet website, the Commission shall permit a copy of such submissions or of extracts from them to be taken on payment of a fee which shall not exceed the reasonable cost of copying the submissions.
Members of Commission
126H. (1) Subject to subsection (4) and section 126I(7), the Commission consists of not more than 9 but not less than 6 members, one of whom shall be the chairperson of the Commission.
(2) The chairperson of the Commission shall be appointed by the Minister.
(3) Each member of the Commission shall hold office for a period which the Minister shall determine, not exceeding 5 years from the date of appointment to the office and shall include—
(a) one or more persons having knowledge or experience of local government affairs,
(b) one or more persons having knowledge or experience in finance, audit, evaluation or project assessment,
(c) one or more persons having knowledge or experience in business, commerce, administration, corporate governance or community development,
(d) one or more persons having knowledge or experience in the statutory or voluntary bodies dealing with consumer issues, and
(e) one or more than one person who is an officer of the Minister.
(4) The members of the Commission may include—
(a) one but no more than one person who is an employee of a local authority, and
(b) one but no more than one person who is a member of a local authority,
but shall not include a person who is a member of a regional assembly.
(5) Any member of the Commission who, subsequent to appointment to the Commission, becomes an employee of a local authority, member of a local authority or member of a regional assembly shall, for the purposes of subsection (4) and section 126I(5) (d), in writing inform the Minister and the chairperson of the Commission accordingly.
(6) A member of the Commission shall not take part in the preparation or a decision to adopt or not adopt a report under section 126C(1) (i) or section 126D in respect of a local authority or regional assembly if he or she is, or was at the material time, an employee or elected member of that authority or assembly, as the case may be.
(7) The Minister, to the extent practicable, shall endeavour to ensure that there is an equitable balance between men and women in the membership of the Commission.
Eligibility and tenure of office of members, etc.
126I. (1) A person appointed to be a member of the Commission holds office as such member for such period, terms and conditions as may be specified by the Minister at the time of his or her appointment.
(2) The chairperson and any other member of the Commission may be paid, out of moneys at the disposal of the Minister, such remuneration (if any) and allowances for expenses incurred by the member as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.
(3) (a) A person is disqualified from becoming a member of the Commission if he or she is—
(i) a member of either House of the Oireachtas, or
(ii) a member of the European Parliament.
(b) A person ceases to be a member of the Commission if he or she—
(i) is nominated as a member of Seanad Ãireann,
(ii) is elected as a member of either House of the Oireachtas or as a member of the European Parliament,
num: 62
paragraphs: (1) The Local Government Act 1991 is amended by substituting the following for section 43:
“43. (1) For the purpose of co-ordinating, promoting or supporting strategic planning and sustainable development, and promoting effectiveness in local government and public services, in different areas of the State, the Minister may, by order, made with the consent of the Minister for Public Expenditure and Reform (in this section referred to as an ‘establishment order’)—
(a) declare that an area consisting of specified cities, counties or cities and counties shall constitute a region, and
(b) establish in respect of the region, a body (to be known as a ‘regional assembly’) the membership of which shall consist of persons who are members of every council of a city, council of a county and council of a city and county the functional area of each of which is included in that region, to perform, in respect of the region and for the purposes set out in this subsection, the functions conferred on it by or under this section or to perform functions conferred on it otherwise by law.
(2) (a) A regional assembly shall be called and known by such title as may be specified in the establishment order concerned.
(b) A regional assembly shall be a body corporate with perpetual succession and an official seal and with power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land.
(c) Judicial notice shall be taken of the seal of a regional assembly and every document purporting to be an order or other instrument made by that assembly and to be sealed with its seal (purporting to be authenticated in the manner provided by the establishment order) shall be received in evidence and be deemed to be such order or instrument without further proof unless the contrary is shown.
(3) An establishment order shall require a regional assembly thereby established to provide itself with an official seal and shall contain such provisions as the Minister considers appropriate in relation to the membership of the assembly (including provisions in relation to the number of members of the assembly, the method, terms and conditions of their appointment and their tenure of office).
(4) (a) An establishment order or an order amending or revoking an establishment order may contain such other provisions as the Minister considers necessary arising from, by reason of, for the purposes of, or to give full effect to, a declaration under subsection (1) or to the establishment or dissolution of a regional assembly and such an order may contain provisions relating to any matter whatsoever arising in relation to such declaration, establishment or dissolution or in relation to the functions of the regional assembly concerned.
(b) Without prejudice to the generality of paragraph (a), an order referred to in that paragraph may provide in respect of a regional assembly established by the establishment order, for all or any of the following matters:
(i) the conferral of functions on the assembly in relation to the purposes set out in subsection (1), including—
(I) regional spatial and economic strategy under the Planning and Development Acts 2000 to 2014,
(II) functions in connection with assistance from the European Union, with national investment programmes, or with the role of the National Oversight and Audit Commission,
(ii) the administration generally (including the preparation and publication of a corporate plan and an annual report) and the finances generally of the assembly,
(iii) the meetings of the assembly, and the procedure at such meetings,
(iv) the use and authentication of the seal of the assembly,
(v) the payment of grants by the Minister of such amounts as may be sanctioned by the Minister for Public Expenditure and Reform, out of moneys provided by the Oireachtas, towards the expenses of the assembly,
(vi) the payment to the assembly by the local authorities who, as respects the assembly are local authorities referred to in subsection (1)(b) or by other specified public authorities, in such manner as may be specified, of all or part of the expenses and expenditure of the assembly,
(vii) the furnishing from time to time by the assembly to the Minister or to specified local authorities or other specified public authorities of information in relation to the performance of its functions and the furnishing of such information to the Minister whenever he or she so requests,
(viii) the making by the assembly of arrangements with other public authorities for the use by it of premises or equipment of those authorities or for the use by the assembly of the services of employees of those authorities,
(ix) matters to which the assembly shall have regard in the performance of its functions,
(x) the giving of directions by the Minister to the assembly in relation to the performance of its functions,
(xi) the dissolution of the assembly,
(xii) the designation of the assembly to be the successor of one or more than one regional authority, including in respect of part of the administrative area of a regional authority, established by the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1993 ( S.I. No. 394 of 1993 ), on the dissolution of such authority or authorities and the transfer to such assembly—
(I) of the assets and liabilities of such authority or authorities, or
(II) in so far as the designation relates to part of the administrative area of a regional authority, of specified assets or liabilities of such authority or of a specified portion of any of those assets and liabilities,
and any land to which the order relates shall, on the date specified in the order in relation to that land, vest in such assembly without any further conveyance, transfer or assignment,
(xiii) any other matter in relation to which the Minister considers that provision should be made in order to enable the assembly to perform its functions effectively or, as respects its dissolution.
(c) An establishment order or an order amending an establishment order may contain such provisions as the Minister considers necessary or expedient consequential on the dissolution of a regional authority established by the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1993 ( S.I. No. 394 of 1993 ) and, in particular, may make provision for—
num: 63
paragraphs: (1) The Planning and Development Act 2000 is amended by substituting the following for Chapter III of Part II:
“Chapter III
Regional Spatial and Economic Strategy
Power to make regional spatial and economic strategy
num: 21
paragraphs: (1) A regional assembly—
(a) may make a regional spatial and economic strategy—
(i) after consultation with the planning authorities within its region, or
(ii) in the case of the regional assemblies in respect of the GDA, after consultation with the planning authorities within their regions and the NTA,
or
(b) shall make a regional spatial and economic strategy, at the direction of the Minister.
(2) A regional spatial and economic strategy may be made for a whole region or for one or more parts of a region, but where there are regional assemblies in respect of the GDA shall, in the case of the GDA, be made jointly by such regional assemblies.
(3) (a) The Minister may direct one or more regional assemblies to make a regional spatial and economic strategy in respect of the combined area of the regional assemblies involved or in respect of any particular part or parts of the area which lie within the area of those regional assemblies.
(b) Where it is proposed to make a regional spatial and economic strategy pursuant to a direction under paragraph (a), the regional assemblies concerned shall make whatever arrangements they see fit to prepare such strategy, including the carrying out of their functions under this Chapter as a joint function of the assemblies concerned, and this Chapter shall be construed accordingly.
(4) Notwithstanding any other provision of this Act, the regional planning guidelines prepared by a dissolved regional authority and published in respect of the period 2010 to 2022, shall continue to have effect as if made under this Part until a regional spatial and economic strategy is prepared and adopted by the regional assembly concerned.
(5) The Minister may make regulations concerning the making of regional spatial and economic strategies and related matters.
Co-operation of planning authorities with regional assembly
22 (1) Where a regional assembly intends to make a regional spatial and economic strategy in accordance with section 24, or to review an existing strategy under section 26, it shall, as soon as may be, consult with all the planning authorities within the region (or part thereof, as the case may be) in order to make the necessary arrangements for making the strategy.
(2) (a) A planning authority shall assist and co-operate with a regional assembly in making arrangements for the preparation of a regional spatial and economic strategy and in carrying out the preparation of the strategy.
(b) The provision of assistance under paragraph (a) shall include the provision of financial assistance, the services of staff and the provision of accommodation, where necessary, and the regional assembly and planning authorities concerned shall agree on the provision of such assistance based on the proportion of the population of the area for which the regional spatial and economic strategies are prepared who are resident in the functional areas of the planning authorities concerned.
(c) In the absence of agreement under paragraph (b), a regional assembly may request the relevant planning authorities to provide assistance under this section, and the request shall be based on the proportion of the population of the area for which the regional spatial and economic strategies is prepared resident in the functional areas of the planning authorities concerned, and a planning authority shall not refuse a reasonable request for assistance.
Co-operation of public bodies with regional assemblies
22A. (1) Where a regional assembly intends to make a regional spatial and economic strategy in accordance with section 24, or to review an existing strategy under section 26, it shall, as soon as may be, consult with—
(a) each public body, and
(b) any body or bodies under the aegis of a public body in respect of which, in the opinion of the regional assembly, consultation with is of relevance for the purpose of making the regional spatial and economic strategy or reviewing an existing strategy.
(2) The public body shall assist and co-operate as far as practicable with the regional assembly in the preparation of the strategy and thereafter supporting its implementation.
(3) Each public body shall consult with the regional assemblies, as appropriate, when preparing its own strategies, plans and programmes and so as to ensure that they are consistent, as far as practicable, with national and regional objectives set out in the National Spatial Strategy and regional spatial and economic strategies.
(4) Where the Minister is of the opinion that consultation between a regional assembly and a body under the aegis of a public body would be of relevance—
(a) for the purpose of making, by the regional assembly, of the regional spatial and economic strategy or reviewing an existing strategy, or
(b) for the purpose of subsection (3), were the body a public body,
then the Minister may so declare such body to be a public body for the purposes of consultation under this section and regulations may be made either generally or in respect of one or more than one regional assembly.
(5) In this section ‘public body’ means—
(a) the Minister,
(b) the Minister for Finance,
(c) the Minister for Public Expenditure and Reform,
(d) the Minister for Jobs, Enterprise and Innovation,
(e) the Minister for Communications, Energy and Natural Resources,
(f) the Minister for Agriculture, Food and the Marine,
(g) the Minister for Transport, Tourism and Sport,
(h) the Minister for Health,
(i) the Minister for Education and Skills,
(j) the Minister for Foreign Affairs and Trade,
(k) a body under the aegis of a public body (including a public body pursuant to this paragraph) to which subsection (4) relates.
Content and objectives of regional spatial and economic strategy
23 (1) (a) The objective of regional spatial and economic strategies shall be to support the implementation of the National Spatial Strategy and the economic policies and objectives of the Government by providing a long-term strategic planning and economic framework for the development of the region for which the strategies are prepared which shall be consistent with the National Spatial Strategy and the economic policies or objectives of the Government.
(b) The planning and economic framework referred to in paragraph (a)shall consider the future development of the region for which the strategy is prepared for a period of not less than 12 years and not more than 20 years.
(2) The regional spatial and economic strategy shall, for the whole of the region to which the strategy relates and in accordance with the principles of proper planning and sustainable development and the economic policies and objectives of the Government, address the following matters:
(a) any policies or objectives for the time being of the Government or any Minister of the Government, or any policies contained in the National Spatial Strategy in relation to national and regional population targets;
(b) in respect of regional economic strategy—
(i) enabling the conditions for creating and sustaining jobs,
(ii) enhancing overall regional economic performance by identifying regional strengths and opportunities having regard to economic and employment trends and the means of maintaining and augmenting regional economic performance,
(iii) proposals for augmenting the economic performance of the region across all relevant economic sectors including, in particular, the foreign direct investment, indigenous industry, small and medium enterprise, tourism, agriculture, forestry, marine and other natural resource sectors,
(iv) enhancing regional innovation capacity, including investment in research and development capacity, technology transfer between third level education and enterprise, and up-skilling and re-skilling,
(v) identifying the regional attributes that are essential to enhancing regional economic performance, including—
(I) the quality of the environment,
(II) the qualities of cities, towns and rural areas,
(III) the physical infrastructure, and
(IV) the social, community and cultural facilities,
and
(vi) proposals to maintain or augment, or both, the attributes referred to in subparagraph (v) in such manner as will be implemented under the strategy through the activities of relevant public bodies, private sector investment and the community;
(c) in respect of regional spatial strategy and taking account of the economic dimension of the strategy—
(i) the location of employment, industrial and commercial development,
(ii) the location of retail development,
(iii) the location of housing,
(iv) the provision of transportation, including public transportation, water services, energy and communications networks and waste management facilities,
(v) the provision of educational, healthcare, sports and community facilities,
(vi) the preservation and protection of the environment and its amenities, including the archaeological, architectural and natural heritage,
(vii) landscape, in accordance with relevant policies or objectives for the time being of the Government or any Minister of the Government relating to providing a framework for identification, assessment, protection, management and planning of landscapes and developed having regard to the European Landscape Convention done at Florence on 20 October 2000, and
(viii) the promotion of sustainable settlement and transportation strategies in urban and rural areas, including the promotion of measures to reduce anthropogenic greenhouse gas emissions and address the necessity of adaptation to climate change;
(d) in respect of the evaluation and reporting of the regional spatial and economic strategy, the monitoring and reporting arrangements required to measure progress in addressing the matters referred to in this subsection.
(3) In preparing its regional spatial and economic strategy a regional assembly shall—
(a) ensure that the strategy is, in particular, consistent with—
(i) this Chapter and any regulations made under it,
(ii) national economic policy as set out in relevant government strategies,
(iii) national planning policy as set out in the National Spatial Strategy or any successor strategy,
(iv) any relevant directives, policies or guidelines issued by the Minister under the Planning and Development Acts 2000 to 2014,
(v) any direction by the Minister in respect of such programmes, policies and guidelines of any Minister of the Government (including the Minister) requiring a regional assembly to have regard to, and
(vi) the relevant plans and strategies of public bodies to which section 22A relates and of any other body prescribed by the Minister for the purposes of this section,
(b) consult with the public bodies to which section 22A relates in such manner and to such extent as the Minister may direct in writing, and
(c) co-ordinate the development of its regional spatial and economic strategy in a manner that is, to the greatest extent possible, consistent with the policies of the public bodies to which section 22A relates.
(4) Where the Minister is of the opinion that the adoption of any provision of a draft regional spatial and economic strategy would be inconsistent with Government policy, then the Minister may, after consultation with such other Minister of the Government (if any) as the Minister considers necessary in the circumstances, direct a regional assembly not to adopt the draft strategy with those provisions in it or incorporate appropriate amendments to ensure consistency with the policies and objective of the Government, and the regional assembly concerned shall act accordingly.
(5) The Minister may, for the purposes of giving effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment 1 , by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing regional spatial and economic strategies.
(6) An appropriate assessment of a draft regional spatial and economic strategy shall be carried out in accordance with Part XAB.
(7) (a) When making a regional spatial and economic strategy the regional assembly shall take account of the proper planning and sustainable development of the whole of the region to which the strategy relates, the statutory obligations of any local authority in the region and any relevant policies or objectives for the time being of the Government or of any Minister of the Government, including any national plans, policies or strategies specified by the Minister to be of relevance to the determination of strategic economic and planning policies.
(b) When making a regional spatial and economic strategy which affects the Gaeltacht, the regional assembly shall have regard to the need to protect the linguistic and cultural heritage of the Gaeltacht.
(c) When making a regional spatial and economic strategy the regional assemblies in respect of the GDA shall ensure that the strategy is consistent with the transport strategy of the NTA.
(8) Without prejudice to the generality of subsections (2) and (3), the Minister may issue guidelines on the content of regional spatial and economic strategies and regional assemblies shall have regard to those guidelines.
Consultation regarding regional spatial and economic strategy
num: 24
paragraphs: (1) As soon as may be after agreeing any necessary arrangements under section 21, a regional assembly shall give notice of its intention to make the regional spatial and economic strategy.
(2) A notice under subsection (1) shall be given to the Minister, the Board, the prescribed authorities in the area and shall be published in one or more newspapers circulating in the region for which the regional spatial and economic strategy is prepared and shall—
(a) state that the regional assembly intends to make a regional spatial and economic strategy,
(b) indicate the matters to be considered in the regional spatial and economic strategy, having regard to section 23,
(c) indicate that submissions regarding the making of the regional spatial and economic strategy may be made in writing to the regional assembly within a specified period (which shall not be less than 8 weeks).
(3) A regional assembly shall consider any submissions received under subsection (2) before preparing the draft regional spatial and economic strategy.
(4) When a regional assembly prepares the draft of the regional spatial and economic strategy it shall, as soon as may be—
(a) send notice and copies of the draft strategy to the Minister, the Board, the prescribed authorities in its area, and
(b) publish notice of the preparation of the draft in one or more newspapers circulating in its area.
(5) A notice under subsection (4) shall state—
(a) that a copy of the draft strategy may be inspected at a stated place or places and at stated times during a stated period of not less than 10 weeks (and the copy shall be kept available for inspection accordingly), and
(b) that written submissions or observations with respect to the draft made to the regional assembly within the stated period will be taken into consideration before the regional spatial and economic strategy is adopted.
(6) When the regional assemblies in respect of the GDA prepare the draft of the regional spatial and economic strategy they shall include a statement in that draft on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—
(a) a statement explaining how the regional assemblies propose to address the matters identified in the report of the NTA prepared in accordance with section 31F, and
(b) where the regional assemblies do not propose to address, or propose to only partially address, any matter identified in the report of the NTA prepared in accordance with section 31F, a statement of the reasons for that course of action.
(7) When a regional assembly (other than the regional assemblies in respect of the GDA) prepares the draft of the regional spatial and economic strategy it shall include a statement in that draft on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—
(a) a statement explaining how it proposes to address the matters identified in the report of the NTA prepared in accordance with section 31FF, and
b) where it does not propose to address, or proposes to only partially address, any matter identified in the report of the NTA prepared in accordance with section 31FF, a statement of the reasons for that course of action.
(8) (a) Subject to paragraphs (b) and (e), following consideration of submissions or observations under subsection (5), and subject to section 25, the regional assembly shall, subject to any amendments that it considers necessary, make the regional spatial and economic strategy.
(b) The regional assembly shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required to be carried out as respects one or more than one proposed material amendment of the draft regional spatial and economic strategy.
(c) The director of the regional assembly, not later than 2 weeks after a determination under paragraph (b) shall specify such period as he or she considers necessary as being required to facilitate an assessment referred to in paragraph (b).
(d) The regional assembly shall publish notice of any proposed material amendment, and where appropriate in the circumstances, the making of a determination that a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required, in at least one newspaper circulating in its area.
(e) The notice referred to in paragraph (d) shall state—
(i) that a copy of any proposed material amendment and of any determination by the regional assembly that an assessment referred to in paragraph (b) is required may be inspected at a stated place or places and at stated times, and on the assembly’s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and
(ii) that written submissions or observations with respect to the proposed material amendment or an assessment referred to in paragraph (b) and made to the regional assembly within a stated period shall be taken into account by the assembly before the regional spatial and economic strategy is adopted.
(f) The regional assembly shall carry out an assessment referred to in paragraph (b) of the proposed material amendment of the draft regional spatial and economic strategy within the period specified by the director of the regional assembly.
(9) Following the consideration of submissions or observations under subsection (8), and subject to section 25, the regional assembly shall make the regional spatial and economic strategy with or without the proposed material amendments, subject to any minor modifications considered necessary.
(10) A minor modification referred to in subsection (9) may be made where it is minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site.
(11) (a) Where a regional assembly makes a regional spatial and economic strategy, it shall publish a notice of the making of the strategy in at least one newspaper circulating in the functional area of each planning authority in the region for which the strategy is prepared.
(b) A notice under this subsection shall state that a copy of the regional spatial and economic strategy is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).
Procedure for making regional spatial and economic strategy
num: 25
paragraphs: (1) As part of the consultation between a regional assembly and the relevant planning authorities under section 22, the regional assembly and the planning authorities concerned shall agree on a procedure for preparing and making the regional spatial and economic strategy under section 24.
(2) Matters to be considered under subsection (1) shall include the establishment of committees to oversee and consider preparation of the strategy.
(3) The authorities and assemblies concerned shall agree on the membership of the committees under subsection (2) and shall also agree on the roles of those committees in preparing the draft regional spatial and economic strategy, considering submissions or observations under section 24, and drawing up reports in respect of the strategy.
(4) When the regional assemblies in respect of the GDA make a regional spatial and economic strategy they shall include in the strategy a statement on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—
(a) a statement explaining how the regional assemblies propose to address the matters identified in the report of the NTA prepared in accordance with section 31G, and
(b) where the regional assemblies do not propose to address, or propose only to partially address, any matter identified in the report of the NTA prepared in accordance with section 31G, a statement of the reasons for that course of action.
(5) When a regional assembly (other than the regional assemblies in respect of the GDA) makes a regional spatial and economic strategy it shall include in the strategy a statement on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—
(a) a statement explaining how it proposes to address the matters identified in the report of the NTA prepared in accordance with section 31GG, and
(b) where it does not propose to address, or proposes only to partially address, any matter identified in the report of the NTA prepared in accordance with section 31GG, a statement of the reasons for that course of action.
(6) The making of a regional spatial and economic strategy under section 24(8) shall be a matter for the members of the regional assembly concerned, following the consideration of any report or reports from the committees referred to in subsection (2).
Reports on regional spatial and economic strategy
25A. (1) In respect of the regional spatial and economic strategy of a regional assembly, the public bodies to which section 22A relate and each local authority within the regional assembly area shall, every 2 years, prepare and submit a report to the assembly setting out progress made in supporting objectives, relevant to that body, of the strategy.
(2) Each regional assembly shall, every 2 years, prepare a report (in this section referred to as a monitoring report) monitoring progress made in implementing the regional spatial and economic strategy.
(3) The monitoring report shall specify the progress made in securing the overall objectives of the regional spatial and economic strategy, including any specific actions and outcomes, including actions specific to the public bodies to which section 22A relates.
(4) The regional assembly concerned shall submit its monitoring report to the National Oversight and Audit Commission.
(5) The National Oversight and Audit Commission shall consider the monitoring report of each regional assembly and may make recommendations to the Minister in relation to relevant measures to further support the implementation of the regional spatial and economic strategy concerned.
Review of regional spatial and economic strategy
num: 26
paragraphs: (1) Where a regional assembly has made a regional spatial and economic strategy, it shall, not later than 6 years after the making of such a strategy and not less than once in every period of 6 years thereafter, review such strategy and when so reviewing, it may revoke the strategy or make a new regional spatial and economic strategy.
(2) Before a regional assembly revokes a strategy referred to in subsection (1) (other than for the purpose of making a new regional spatial and economic strategy), it shall consult with the planning authorities within its region.
(3) Where the regional assembly makes a new regional spatial and economic strategy, it shall follow the procedures laid down in sections 22, 24 and 25.
(4) Where a new strategy is made under subsection (1), it shall supersede any previous regional spatial and economic strategy.
Regional spatial and economic strategy and development plans
num: 27
paragraphs: (1) A planning authority shall ensure, when making a development plan or a local area plan, that the plan is consistent with any regional spatial and economic strategy in force for its area.
(2) The Minister may, by order, determine that planning authorities shall comply with any regional spatial and economic strategy in force for their area, or any part thereof, when preparing and making a development plan, or may require in accordance with section 31 that an existing development plan comply with any regional spatial and economic strategy in force for the area.
(3) An order under subsection (2) may relate—
(a) generally to every regional spatial and economic strategy,
(b) to one or more than one specified strategy, or
(c) to specific elements of each strategy.
(4) Following the making of a regional spatial and economic strategy for its area, each planning authority shall review the existing development plan and consider whether any variation of the development plan is necessary in order to achieve the objectives of the regional spatial and economic strategy.
(5) For the purposes of this section, a planning authority may have, but shall not be obliged to have, regard to any regional spatial and economic strategy after 6 years from the making of such strategy.
(6) The Minister may make regulations concerning matters of procedure and administration to be adopted by a regional assembly in the performance of its functions relating to the preparation of a draft development plan, making of a development plan or variation of a development plan, as the case may be.
Report of regional assembly for preparation of draft development plan
27A. (1) Where a regional assembly receives a notice from a planning authority under section 11(1) it shall prepare submissions or observations for the purposes of section 11(2).
(2) Submissions or observations made by a regional assembly under section 11(2) shall contain a report on matters that, in the opinion of the regional assembly, require consideration by the planning authority concerned in making the development plan.
(3) The submissions or observations and report of the regional assembly shall include, but shall not be limited to, recommendations regarding each of the following matters as respects the area to which the development plan relates:
(a) any policies or objectives for the time being of the Government or any Minister of the Government in relation to national and regional population targets, and the best distribution of residential development and related employment development with a view to—
(i) promoting consistency as far as possible, between housing, settlement and economic objectives in the draft development plan and core strategy and the regional spatial and economic strategy, and
(ii) assisting in drafting the core strategy of the draft development plan;
(b) the objectives of providing physical, economic or social infrastructure in a manner that promotes balanced regional development;
(c) planning for the best use of land having regard to location, scale and density of new development to benefit from investment of public funds in transport infrastructure and public transport services; and
(d) collaboration between the planning authority and the regional assembly in respect of integrated planning for transport and land use, in particular in relation to large scale developments and the promotion of sustainable transportation strategies in urban and rural areas, including the promotion of measures to reduce anthropogenic greenhouse gas emissions and address the necessity of adaptation to climate change.
(4) One or more regional assemblies, who have been directed by the Minister to make a regional spatial and economic strategy for the purpose of section 21(3) in relation to a combined area of the regional assemblies or in respect of any particular part or parts of the area which lie within the area of those regional assemblies, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister.
Role of regional assembly in making of development plan
27B. (1) Where a regional assembly receives a notice from a planning authority under section 12(1) it shall prepare submissions and observations for the purposes of section 12(2).
(2) Submissions or observations made by the regional assembly under subsection (1) shall contain a report which shall state whether, in the opinion of that assembly, the draft development plan, and, in particular, its core strategy, are consistent with the regional spatial and economic strategy in force for the area of the development plan.
(3) Where the opinion of the regional assembly stated in the submissions or observations made and the report issued is that the draft development plan and its core strategy are not consistent with the regional spatial and economic strategy, the submissions, observations and report shall include recommendations as to what amendments, in the opinion of the regional assembly, are required in order to ensure that the draft development plan and its core strategy are so consistent.
(4) The regional assembly shall send a copy of the submission or observations and the report to the Minister.
(5) One or more regional assemblies, who have been directed by the Minister to make a regional spatial and economic strategy for the purpose of section 21(3) in relation to a combined area of the regional assemblies or in respect of any particular part or parts of the area which lie within the area of those regional assemblies, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister.
Role of regional assembly in variation of development plan
27C. (1) Where a regional assembly receives a notice from a planning authority under section 13(1) it shall prepare submissions and observations for the purposes of section 13(2).
(2) Submissions or observations made by the regional assembly under subsection (1) shall contain a report which shall state whether, in the opinion of that assembly, the draft variation of the development plan, and, in particular, its core strategy, are consistent with the regional spatial and economic strategy in force for the area of the development plan.
(3) Where the opinion of the regional assembly stated in the submissions or observations made and the report issued is that the proposed variation of the development plan and its core strategy are not consistent with the regional spatial and economic strategy, the submissions and observations and report shall include recommendations as to what amendments, in the opinion of the regional assembly, are required in order to ensure that the proposed variation to the development plan and its core strategy are so consistent.
(4) The regional assembly shall send a copy of the report to the Minister.
(5) One or more regional assemblies, who have been directed by the Minister to make a regional spatial and economic strategy for the purpose of section 21(3) in relation to a combined area of the regional assemblies or in respect of any particular part or parts of the area which lie within the area of those regional assemblies, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister.”.
(2) The Planning and Development Act 2000 is amended by substituting the following for section 31FF:
“Co-operation and further provisions relating to regional spatial and economic strategy
31FF. (1) Where a regional assembly (other than the regional assemblies in respect of the GDA) intends to make a regional spatial and economic strategy in accordance with section 24, or to review the existing strategy under section 26, it shall, as soon as may be, consult with the NTA in order to make the necessary arrangements for making the strategy.
(2) The NTA shall assist and co-operate with the regional assembly in making arrangements for the preparation of a regional spatial and economic strategy and in carrying out the preparation of the strategy.
(3) In carrying out its functions under subsection (2), the NTA shall prepare and submit to the regional assembly, within 6 weeks of the commencement of consultation under subsection (1), a report on the issues which, in its opinion, should be considered by the regional assembly in making a regional spatial and economic strategy.”.
(3) The Planning and Development Act 2000 is amended by substituting the following for section 178:
“Restrictions on development by certain local authorities
num: 178
paragraphs: (1) The council of a county shall not effect any development in its functional area which contravenes materially the development plan.
(2) The council of a city shall not effect any development in the city which contravenes materially the development plan.
(3) The council of a city and county shall not effect any development in the city and county which contravenes materially the development plan.”.
(4) The Planning and Development Act 2000 is amended by substituting the following for section 243:
“Charging of expenses of planning authority
num: 243
paragraphs: Expenses under this Act of a planning authority shall be charged on the local authority concerned.”.
(5) The Planning and Development Act 2000 is amended by inserting the following after section 268:
“Transitional provisions consequent on Local Government Reform Act 2014
268A. (1) In this section—
‘2014 establishment day’ has the same meaning as it has in the Local Government Reform Act 2014;
‘dissolved authority’ means a local authority to which subsection (2)relates or a town council to which subsection (3) relates, as the circumstances require;
‘relevant day or date’ means the 2014 establishment day or the transfer date, as the circumstances require;
‘successor authority’ shall be read in accordance with subsection (2) or (3), as the circumstances require;
‘transfer date’ has the same meaning as it has in the Local Government Reform Act 2014.
(2) Consequent on the dissolution of certain local authorities by section 17 of the Local Government Reform Act 2014, the planning authority for each local government area concerned shall, with effect from the 2014 establishment day, be the successor authority as provided for by that section.
(3) Consequent on the dissolution of town councils by Chapter 2 of Part 3 of the Local Government Reform Act 2014, the planning authority for the area which was, immediately before the transfer date (as provided for by that Chapter), the area of a town council shall, on and from that date, be the planning authority for the local government area within which the first-mentioned area is situated on that date (in this section referred to as the ‘successor authority’).
(4) All acts duly done and decisions duly made before the relevant day or date by a planning authority to which subsection (2) relates or a town council to which subsection (3) relates, respectively, shall, subject to this Act, continue to have all such force and effect as they would have had if the transfer order had not been made.
(5) For the purpose of completing any matter outstanding by or with a dissolved authority as the planning authority for a local government area concerned before the relevant day or date, as the case may be, the successor authority shall, on that day or date—
(a) become the planning authority for that area, and
(b) exercise the functions, as the planning authority for that area, of the dissolved body.
num: 64
paragraphs: In this Part—
“Dublin local authority” means Dublin City Council, Dun Laoghaire-Rathdown County Council, Fingal County Council or South Dublin County Council;
“Dublin metropolitan area” means the combined administrative areas of the Dublin local authorities;
“directly elected mayor” means a mayor in respect of an authority or other body for the Dublin metropolitan area elected at an election for the purposes of which there shall be one electoral area which shall consist of the local electoral areas in force at that time in respect of the Dublin metropolitan area;
“plebiscite” has the meaning given by section 67 (2)(b).
num: 65
paragraphs: (1) There shall be convened by the Lord Mayor of the City of Dublin, in such manner as the Minister requests, a forum representative of the members of the local authorities within the Dublin metropolitan area to consider the possible options for the future local governance arrangements for that area including the establishment of an office of a directly elected mayor for that area and shall, in particular, consider the following matters—
(a) the establishment of such an office,
(b) the rationale for, and implications of, such an office,
(c) details relating to such office and its relationship with each Dublin local authority or with those authorities and any other public authority which the forum considers would be representative of, or having functions relevant to, the Dublin metropolitan area, and
(d) such changes as would be needed in local governance arrangements for the Dublin metropolitan area consequential on the establishment of such an office, including matters to which paragraph (c) of section 66 (1) would relate if a resolution under that paragraph were proposed,
and the Lord Mayor of the City of Dublin shall report to the Minister in writing on the forum’s deliberations and conclusions within such time limit as the Minister directs, which report shall include a draft resolution for the purposes of section 66 (1).
(2) Consequent on receipt of the report referred to in subsection (1), the Minister may consult with each Dublin local authority on that report either jointly, separately or both and with any other person that the Minister considers it appropriate to consult.
num: 66
paragraphs: (1) Where the Minister is of the opinion that, having regard to the report and the draft resolution under subsection (1) of section 65 and any consultations under subsection (2) of that section, a resolution in the terms to which paragraph (a) relates should be put before the council for each local authority within the Dublin Metropolitan Area and the Minister has advised those local authorities of that opinion, then each such local authority may act accordingly, and where it does so, each such resolution shall—
(a) propose the holding of a plebiscite on whether an office of directly elected mayor of an authority for the Dublin metropolitan area should be established,
(b) be in a form approved by the Minister, and
(c) in the case of each local authority, be accompanied by a statement, the wording of which has been approved by the Minister, setting out the main features of the proposed future governance arrangements for the Dublin metropolitan area including—
(i) the functions and structures of the proposed office of directly elected mayor of the Dublin metropolitan area,
(ii) the proposed changes in the functions and structures of the Dublin local authorities and the relationship between the office of directly elected mayor and the Dublin local authorities and with any other authority or other body (whether then in existence or not) of which such mayor would have a role to play and the nature of that role,
(iii) details of the estimated cost and other resource implications of the proposed arrangements and any increased cost likely to arise as a result of their implementation,
(iv) the changes (if any) proposed to the functions and structures of any other body,
(v) details of the advantages and disadvantages that would arise as a result of the implementation of the proposed arrangements,
(vi) measures to maximise efficiency, effectiveness and accountability in local government in the Dublin metropolitan area and avoidance of duplication or undue cost, and
(vii) such further information or details approved by the Minister for inclusion in the statement.
(2) For the purposes of this Part, a resolution to which subsection (1) relates—
(a) shall not be adopted by a local authority concerned after 31 March 2014, and
(b) shall be adopted by the local authority concerned only if not less than half of the persons who are members of that local authority vote in favour of the resolution.
num: 67
paragraphs: (1) Where a resolution has been adopted by each Dublin local authority inaccordance with section 66 (2), a plebiscite shall be held to decide whether legislation should be brought forward—
(a) to provide for the establishment of an office of directly elected mayor to be chairperson and leader of an authority or other body for the Dublin metropolitan area, and
(b) for such other matters relating to local government in the Dublin area as the Minister considers to be appropriate.
(2) A plebiscite referred to in subsection (1) shall—
(a) be held in conjunction with and at the times duly fixed by the Minister for the 2014 local elections,
(b) put a proposal for a decision of those persons entitled to vote at the 2014 local elections for the Dublin local authorities (in this Part referred to as a “plebiscite”) as to whether an office of directly elected mayor of an authority for the Dublin metropolitan area should be established in accordance with the resolution referred to in section 66 (1), and
(c) be held in accordance with regulations to be made by the Minister providing for the holding of the plebiscite and for other requirements and arrangements that will apply in relation to the plebiscite.
(3) (a) Dublin City Council shall, on its own behalf and on behalf of the other Dublin local authorities, publish and distribute or cause to be published and distributed, not later than 30 days before the polling day in a manner which Dublin City Council considers most likely to bring the proposal to the attention of voters, information for voters in relation to the proposal which is to be put for a decision through the plebiscite, including the details referred to in section 66 (1)(c).
(b) Dublin City Council shall be facilitated by the other Dublin local authorities for the purpose of giving effect to paragraph (a).
(4) Without prejudice to the generality of paragraph (c) of subsection (2), any regulations under that paragraph may, in particular—
(a) specify the form of the ballot paper for the plebiscite, including the wording to be used on the ballot paper for the proposal on whether an office of directly elected mayor of an authority for the Dublin metropolitan area should be established, which wording shall be consistent with the resolution referred to in section 66 (1),
(b) provide for arrangements and requirements in relation to the information to be published and distributed to voters in accordance with subsection (3),
(c) provide for the appointment, duties, and staff of the returning officer for the plebiscite,
(d) provide for the taking of the poll at the plebiscite and the counting of votes,
(e) provide for the use, free of charge, of schools and public rooms,
(f) provide for arrangements for postal and special voting,
(g) provide for voting by persons in the employment of returning officers,
(h) provide for voting by persons to whom section 68 relates who are physically ill or physically disabled,
(i) provide for the issue of polling information cards,
(j) provide for the maintenance of secrecy of voting,
(k) provide for the removal of persons misconducting themselves in polling stations,
(l) provide for procedures in the event of disorder or obstruction,
(m) provide for procedures in the event of interference with ballot boxes or ballot papers,
(n) provide for provisions corresponding to articles 67, 95 to 101, 105 to 111, 113 to 118, 119 and 122 of the Local Elections Regulations 1995 ( S.I. No. 297 of 1995 ), with such modifications as appear to the Minister to be appropriate, and
(o) contain such other provisions relating to the holding of polls and the holding of the plebiscite as the Minister considers appropriate.
(5) Where a provision of regulations made under this section corresponds to a provision of the Local Elections Regulations 1995, which declares a matter to be an electoral offence, the regulations so made may provide for a corresponding offence in relation to the plebiscite and lay down a penalty for it which does not exceed the relevant penalty specified in article 117 of the Local Elections Regulations 1995.
(6) Where regulations under this section are proposed to be made, a draft of them shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.
num: 68
paragraphs: For the purposes of this Part and regulations made under it, every person whose name is duly entered on the register of local government electors prepared under Part II of the Electoral Act 1992 that is in force for the City of Dublin and the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin is entitled to vote at the plebiscite.
num: 69
paragraphs: If a majority of the votes cast at the plebiscite is in favour of the proposal, the Minister shall, within 2 years of the date of the plebiscite, submit to both Houses of the Oireachtas a report—
(a) containing proposals for legislation to provide for the establishment of an office of directly elected mayor of an authority for the Dublin metropolitan area and other provisions for local governance in the Dublin area, having regard to the proposal which was the subject of the plebiscite and such other matters relating to local government as he or she considers appropriate, or
(b) containing a statement of his or her reasons for not making proposals for legislation to which paragraph (a) would relate.
num: 70
paragraphs: The Dublin local authorities shall meet the costs incurred in holding the plebiscite (including the costs incurred by Dublin City Council under section 67 (3)), as shall be determined by such person as the Minister nominates in the event of a dispute as to the amount, each in proportion to that which the population within its local authority area has to the population within the Dublin metropolitan area, as ascertained at the most recent census of population.
num: 71
paragraphs: (1) Where, prior to the passing of this Act either or both—
(a) Dublin City Council, Dun Laoghaire-Rathdown County Council, Fingal County Council and South Dublin County Council, and
(b) the Lord Mayor of the City of Dublin,
convened, at the request of the Minister and in such manner as the Minister requested, a forum to consider the possible options and matters referred to in section 65 (1), then, the convening of a forum under that subsection shall be deemed to have been complied with and, in respect of any subsequent steps taken before the passing of this Act that in the Minister’s opinion would, if taken after such passing, comply in whole or in part with the requirements of section 65 (1), the Minister may deem that subsection to have been duly complied with to the extent that those steps were taken and that subsection shall have effect accordingly.
(2) Where the whole of section 65 (1) is deemed to have been duly complied with by virtue of subsection (1), then, in respect of any subsequent steps taken before the passing of this Act that in the Minister’s opinion would, if taken after such passing, comply—
(a) in whole or in part with the requirements of section 65 (2), or
(b) in whole with the requirements of section 65 (2), and in whole or in part with the requirements of section 66 (1),
the Minister may deem that subsection or those subsections (as the case may be) to have been duly complied with to the extent that the requirements have been so complied with and that subsection or those subsections shall have effect accordingly.
(3) Where the Minister deems a specified provision of this section to have been complied with in whole in a case to which subsection (1) relates or in whole or in part in a case to which subsection (2) relates, then he or she shall—
(a) notify in writing each of the local authorities concerned of that fact, and
(b) cause a notice to that effect to be published in Iris OifigiÃºil.
num: 72
paragraphs: In this Part—
“Act of 2009” means the Local Government (Charges) Act 2009 ;
“household charge” has the meaning assigned to it by section 3(1) of the Act of 2011;
“non-principal private residence charge” means the charge provided for in section 3 of the Act of 2009.
num: 73
paragraphs: (1) The provisions of the Local Government (Charges) Act 2009 are repealed as follows:
(a) upon the passing of this Act in respect of sections 3, 4, 5, 9 and 14;
(b) on 2 March 2014 in respect of section 6;
(c) subject to subsection (2), on 1 January 2015 in respect of section 15;
(d) subject to subsection (2), on 31 March 2025 in respect of the whole Act in so far as it is not already repealed.
(2) In respect of any provision to which paragraph (c) or (d) of subsection (1) relates that does not stand repealed by virtue of the paragraph concerned or by order under this subsection, the Minister may by order or subsequent order, as the case may be—
(a) where there is no subsisting order under this subsection in respect of that provision providing for its repeal, provide for the repeal of that provision on a date other than the date provided for by the paragraph concerned, or
(b) where there is a subsisting order under this subsection in respect of the provision concerned, revoke or amend that order and provide for a different date upon which that provision shall stand repealed.
(3) The provisions of the Local Government (Household Charge) Act 2011 are repealed as follows:
(a) upon the passing of this Act in respect of section 10(4) ;
(b) other than in respect of section 10(4), on such day or days as the Minister may, by order or orders, appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.
num: 74
paragraphs: (1) All non-principal private residence charge and late payment fee liabilities relating to any such charge or any part thereof that remain undischarged on 1 March 2014 shall not be subject to additional late payment fees if collected on or before 31 August 2014.
(2) Notwithstanding subsection (1), where a non-principal private residence charge and late payment fee liability in respect of such charge or any part thereof remain undischarged on 1 September 2014, an additional late payment fee of €120 shall apply in respect of each liability date.
(3) All non-principal private residence charge and late payment fee liabilities, in respect thereof, including that provided for by subsection (2), which remain undischarged on 1 September 2014 shall be increased by 50 per cent on that date.
(4) Where in any case the period of 3 months referred to in subsection (6) of section 6 of the Act of 2009 applies but had not expired on or before 1 March 2014, then subsection (1) shall apply to such a case.
num: 75
paragraphs: (1) Where a person who is the sole owner of a residential property (within the meaning of section 2 of the Act of 2009) dies and, at the date of his or her death, a non-principal private residence charge, a late payment fee in respect of such a charge or any part of such charge or fee remains unpaid in relation to that property, then no further late payment fee shall be payable in relation to that property until a grant of representation to the estate of the deceased person issues to the personal representative of such deceased person.
(2) The personal representative of such deceased person shall, as soon as a grant of representation to the estate of the deceased person issues to him or her, be liable to pay to the relevant local authority the full amount due and owing by the deceased, at the date of his or her death, in respect of a non-principal private residence charge and each related late payment fee in respect of such a charge, which said full amount is, in this section, referred to as the “full amount”.
(3) If the said full amount is paid by the said personal representative within 3 months of the date of issue of the grant of representation to the estate of the deceased person, he or she shall have no further liability in respect of the non-principal private residence charge concerned and each related late payment fee in respect of such a charge due and owing by the deceased at the date of his or her death.
(4) If the said full amount is not paid by the said personal representative within 3 months of the date of issue of the grant of representation to the estate of the deceased person, he or she shall be liable to pay to the relevant local authority the said full amount.
(5) If the grant of representation is issued on or after 1 June 2014 and if the said full amount is not paid by the said personal representative within 3 months of the date of issue of the grant of representation to the estate of the deceased person, notwithstanding subsection (1), any late payment fees which would have applied under subsections (2) and (3) of section 74 had the person who is the sole owner of a residential property (within the meaning of section 2 of the Act of 2009) not died shall apply.
(6) (a) In this section a reference to “grant of representation” is, where 2 or more such grants are issued to the estate of a deceased person, a reference to the first of such grants to issue.
(b) In this section a reference to “late payment fee” includes reference to the 50 per cent increase provided for under section 74 (3).
(7) This section shall apply on and from 2 March 2014.
num: 76
paragraphs: Subject to section 77 , a local authority may act as it sees fit to most efficiently collect undischarged non-principal private residence charge and late payment fee liabilities in respect of any such charge including, in the case of an individual being liable, reducing such late fee liabilities in circumstances in which the local authority considers that to do so would be most efficient for the collection of the undischarged charge and liabilities.
num: 77
paragraphs: For the purposes of sections 74 to 76 , the Minister may issue written guidance to local authorities concerning any matter to which those sections relate and each local authority shall have regard to any such guidance.
num: 78
paragraphs: Any activity undertaken by the Local Government Management Agency to collect—
(a) the non-principal private residence charge, under the Act of 2009 or the household charge under the Local Government (Household Charge) Act 2011 , or
(b) any late payment fees and late payment interest under either of those Acts,
shall not be impugned on the basis the Agency may have lacked the function to perform that activity.
num: 79
paragraphs: Section 6 of the Local Government Act 1998 is amended—
(a) in subsection (2C) (inserted by section 7 of the Motor Vehicle (Duties and Licences) Act 2013 ) by substituting the following for paragraph (a):
“(a) Subject to paragraphs (b) and (c) the Minister may, on or before 31 December 2014, pursuant to a request from the Minister for Finance, make one, or more than one, payment from the Fund in the amount requested by the Minister for Finance.”,
(b) in subsection (2C) (as so inserted) by substituting the following for paragraph (c):
“(c) The total amount of all payments made under paragraph (a) shall not exceed €600 million.”,
(c) by inserting the following after subsection (2C):
“(2CA) The Minister may make payments out of the Fund to Irish Water in respect of water services functions transferred from local authorities to Irish Water.”,
and
(d) by substituting the following for subsection (3):
“(3) The Minister shall cause to be laid before each House of the Oireachtas a copy of the determination under subsection (2) as soon as may be after the determination is made.”.
num: 80
paragraphs: (1) In this section “Act of 1997” means the Dublin Docklands Development Authority Act 1997 .
(2) Section 20(1)(a)(i) of the Act of 1997 is amended with effect from 27 November 2013 by substituting “within such period of time as the Minister may determine by order having regard to all the relevant circumstances” for “at least once in every five years”.
(3) The master plan adopted on 27 November 2008 by the Council established under section 16 of the Act of 1997 shall, subject to section 20(1)(a)(iii), continue to be the master plan under that Act for the Dublin Docklands Area until a new plan is adopted in accordance with section 20(1)(a)(i) of that Act as amended by subsection (2).
(4) Every act done (by commission or omission) by or on behalf of the Dublin Docklands Development Authority before the passing of this Act in respect of a matter to which this section relates that was done in anticipation of the passing of an Act containing a provision to the like effect as this section shall be deemed to be, and always to have been, a valid exercise by that Authority of its functions.