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LOCAL GOVERNMENT ACT, 2001
Preliminary and General
Short title and collective citations.
1. —(1) This Act may be cited as the Local Government Act, 2001.
(2) This Act (other than sections 163, 164 and 211 and Parts 23 and 24) and the Acts referred to in Schedule 1 may be cited together as the Local Government Acts, 1925 to 2001, and shall be read together as one.
(3) Sections 81 and 245 and the Roads Acts, 1993 and 1998, may be cited together as the Roads Acts, 1993 to 2001, and shall be read together as one.
(4) Chapter 5 of Part 9 and the Local Government (Sanitary Services) Acts, 1878 to 1995, may be cited together as the Local Government (Sanitary Services) Acts, 1878 to 2001, and shall be read together as one.
(5) Parts 3, 4 and Chapter 3 of Part 5, section 243 and the Local Elections Acts, 1974 to 1999, may be cited together as the Local Elections Acts, 1974 to 2001, and shall be read together as one.
(6) Part 23 and the Temple Bar Area Renewal and Development Act, 1991 , may be cited together as the Temple Bar Area Renewal and Development Acts, 1991 and 2001, and shall be read together as one.
(7) Sections 2, 5(3) and Schedule 4 (in so far as they relate to the Act of 2000), section 247 and the Act of 2000 may be cited together as the Planning and Development Acts, 2000 and 2001.
2. —(1) In this Act, except where the context otherwise requires—
“Act of 2000” means the Planning and Development Act, 2000 ;
“administrative area” means an area which continues to stand established under section 10 for the purposes of local government and which is—
(a) a county in the case of a county council,
(b) a city in the case of a city council,
(c) a town in the case of a town council;
“annual meeting” means an annual meeting of a local authority as provided for in paragraph 3 of Schedule 10;
“annual report”, in the context of a local authority, means a report under section 221 ;
“casual vacancy” shall be read in accordance with section 19 (1);
“Cathaoirleach” has the meaning given to it by section 31 ;
“city council” means a local authority to which section 11 (3)(b) relates;
“city development board” has the meaning given by section 129 ;
“committee” means a committee of a local authority established under Part 7;
“corporate plan” has the meaning given to it by section 134 ;
“corporate policy group” means a committee established under section 133 (1);
“county council” means a local authority to which section 11 (3)(a) relates;
“county development board” has the meaning given by section 129 ;
“direct election” has the meaning given to it by section 40 ;
“direction” means a direction in writing given by—
(a) the Minister under this Act, or
(b) an appropriate Minister under Chapter 4 of Part 14;
“Director of Audit” means a person appointed under section 116 ;
“elected council” means the members of the local authority concerned and shall be read in accordance with section 11 (5);
“election year” means a year in which a local election is held;
“enactment” includes a statutory instrument within the meaning given by section 3 of the Interpretation Act, 1937 ;
“establishment day” means the day appointed by the Minister by order under section 9 to be the establishment day for the purposes of this Act;
“excluded day” means a day which is a Saturday, Sunday or public holiday (within the meaning given by the Organisation of Working Time Act, 1997 ) or any other day on which the principal offices of the local authority concerned are closed;
“executive function” shall be read in accordance with section 149 ;
“functions” includes powers and duties and a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties;
“joint body” means—
(a) a joint library committee,
(b) a joint drainage board,
(c) a joint drainage committee,
(d) a joint burial board,
(e) a joint burial committee,
(f) a joint committee to which section 52 (5) applies, or
(g) such other body as may be prescribed by regulations made by the Minister under section 144 (7);
“joint committee” means a joint committee established under Part 7;
“land” has the meaning given to it by the Act of 2000;
“Leas-Chathaoirleach” has the meaning given to it by section 31 ;
“local authority” means—
(a) a county council,
(b) a city council,
(c) a town council;
“local authority budget” means a budget adopted under section 103 (7) and “budget”, in relation to a local authority, shall be read accordingly;
“local authority budget meeting” has the meaning given to it by section 103 ;
“local community” means persons ordinarily resident in the administrative area of the local authority concerned and, where relevant as regards a function of the authority, includes persons from outside that area who regularly use facilities of a social, economic, recreational, cultural or other nature provided by the authority;
“local consultative committee” has the meaning given to it by section 21 of the Housing (Traveller Accommodation) Act, 1998 ;
“local election” means an election under Part 4;
“local electoral area” means an area referred to in section 23 by reference to which a local election is held;
“Local Government Commission” has the meaning given to it by Part 11;
“local government elector” means a person entitled to vote at a local election;
“manager” means a manager for the purposes of section 144 ;
“meetings administrator” shall be read in accordance with section 46 ;
“member”, in relation to a local authority, includes a Cathaoirleach and Leas-Chathaoirleach;
“Minister” means the Minister for the Environment and Local Government;
“ordinary day of retirement” has the meaning given to it by section 17 ;
“public authority” means—
(a) a Minister of the Government,
(b) the Commissioners of Public Works in Ireland,
(c) a harbour authority within the meaning of the Harbours Act, 1946 ,
(d) (i) a health board,
(ii) the Eastern Regional Health Authority, or
(iii) an Area Health Board established under the Health (Eastern Regional Health Authority) Act, 1999 ;
(e) a board or other body (but not including a company under the Companies Acts, 1963 to 1999) established by or under statute,
(f) a company under the Companies Acts, 1963 to 1999, in which all the shares are held—
(i) by or on behalf of a Minister of the Government,
(ii) by directors appointed by a Minister of the Government, or
(iii) by a board, company or other body referred to in paragraph (e) or subparagraph (i) or (ii),
(g) such other body as may be prescribed by regulations made by the Minister for the purposes of any provision of this Act;
“public local inquiry” means an inquiry held under Part 20 and “inquiry” shall be read accordingly;
“public notice”, in the context of a local authority, means a notice published in at least one newspaper circulating in the local authority's administrative area;
“rating authority” means—
(a) a county council,
(b) a city council, or
(c) a town council referred to in Part 1 of Schedule 6;
“register of electors” has the meaning given to it by section 24 (1);
“reserved function” shall be read in accordance with section 131 ;
“standing orders”, in the context of a local authority, has the meaning given by paragraph 16(1) of Schedule 10;
“strategic policy committee” has the meaning given by section 48 ;
“structure” means any building, erection, structure (including a movable structure), excavation, or other thing constructed, erected, made or placed on, in or under any land, or any part of a structure so defined and, where the context so admits, includes the land on, in or under which the structure is situated;
“town council” shall be construed in accordance with section 11 (4)(b).
(2) In this Act a reference to the total number of members of a local authority shall be read as the number of members of the local authority concerned as determined by section 21 .
(3) In this Act a reference to local government areas or to the administrative area of a local authority does not include an area added for local electoral purposes only under section 17 of the Local Government Act, 1994 .
(4) In this Act a reference to a person being disqualified from election or co-option to a local authority shall be read as including a disqualification from nomination for election or co-option to a local authority.
(5) In this Act, except where the context otherwise requires, a reference to social inclusion or its promotion shall be read as including a reference to any policy, objective, measure or activity designed to counteract poverty or other social deprivation or to facilitate greater participation by marginalised groups in the social, economic and cultural life of the local community.
(6) In this Act, except where the context otherwise requires—
(a) a reference to a section, Chapter, Part or Schedule is a reference to a section, Chapter or Part of, or Schedule to, this Act, as the case may be, unless it is indicated that reference to some other enactment is intended,
(b) a reference to a subsection, paragraph, subparagraph, clause or subclause is to the subsection, paragraph, subparagraph, clause or subclause of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended.
(7) In this Act, a reference to any enactment shall be read as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment, including this Act.
Construction of enactments.
3. —(1) Every enactment (including any provision contained in a local, personal or private Act) 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 but subject to any regulations made under this section, be read and have effect with such modifications as may be necessary to give effect to this Act or an order or regulations under it and to have effect in conformity with it.
(2) A reference in any enactment other than this Act to an expression mentioned in the first column of Schedule 2 or to a similar or analogous expression shall, except where the context otherwise requires and subject to any regulations made under this section, be read as a reference to the appropriate expression of this Act as indicated in the second column of that Schedule opposite the expression in the first column.
(3) (a) The Minister, or any other Minister of the Government after consultation with the Minister, may, in respect of any enactment, instrument or agreement which relates to matters for which the relevant Minister has general responsibility, make regulations for the purposes of enabling subsection (1) to have full effect.
(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may, in respect of a provision of any other enactment, instrument or agreement which is related to or otherwise affected by any provision of this Act, provide for its adaptation, modification or cesser of operation in so far as this appears necessary or expedient to the Minister concerned for the purposes of securing that any such other provision shall have effect in conformity with this Act or with an order or regulations made under it.
(4) Regulations may not be made under this section after the expiration of 3 years from the establishment day.
Regulations, orders and directions.
4. —(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 for the purposes of enabling any provision to have full effect.
(2) Without prejudice to any other 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 making the regulation or order to be appropriate for the purposes of this Act or any regulations or order made under it.
(3) A regulation or an order under this Act may—
(a) apply to local authorities generally, to any class or classes 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,
(c) provide for the giving of directions by the Minister (including directions amending or revoking any such directions).
(4) (a) Except where paragraph (c) applies, every order and regulation made by the Minister or any other Minister of the Government under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made.
(b) If after an order or regulation is laid under paragraph (a) a resolution annulling the order or regulation is passed by either House of the Oireachtas within the next 21 days on which the House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under it.
(c) Paragraph (a) does not apply to an order or regulation which is required by this Act to be approved in draft by resolution of both Houses of the Oireachtas or to an order under section 199 (8).
(5) Other than an order under section 7 , the Minister may by order, amend or revoke any order under this Act including an order made under this subsection.
(6) (a) The Minister may by direction amend or revoke a direction given by him or her under this Act (including a direction under this subsection).
(b) A person to whom a direction is given under this Act shall comply with that direction.
(7) This section does not apply to a provisional order under section 72 (1).
Repeals, revocation and amendment of enactments.
5. —(1) Each Act specified in the first and second columns of Part 1 of Schedule 3 is repealed to the extent specified in the third column of that Part opposite the references in the first and second columns.
(2) Each order specified in the first and second columns of Part 2 of Schedule 3 is revoked to the extent specified in the third column of that Part opposite the references in the first and second columns.
(3) Each Act specified in the first and second columns of Schedule 4 is amended in the manner stated in the third column of that Schedule opposite the references in the first and second columns.
6. —The repeal or revocation by 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.
7. —This Act (except Part 2, section 9 of which provides for an establishment day order in respect of that Part, and except section 161 and Chapter 3 of Part 5, the coming into operation of which is provided for in that section and Chapter, respectively) shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefor either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions and for the repeal, revocation and amendment effected by section 5 of different enactments or of different provisions of those enactments.
8. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.