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37 2001

LOCAL GOVERNMENT ACT, 2001

PART 22

Miscellaneous

Annual report.

221. —(1) (a) Not later than the 30th day of June in each year, every county council and city council shall each prepare and adopt a report (to be known as the annual report) in relation to the performance of its functions during the preceding year and shall as soon as may be furnish a copy of the annual report to each member of the county council or city council, as the case may be, and to such other persons as it may consider appropriate.

(b) A draft of the annual report shall be submitted to the members of the county council or city council concerned not later than the 30th day of April in each year.

(2) An annual report of a county council or city council shall include the following:

(a) particulars of the policies, programmes, services and other activities undertaken by the county council or city council;

(b) such particulars as are required by sections 48, 66, 75, 76, 134 and 228;

(c) such particulars as may be required by a provision of any other enactment;

(d) particulars in relation to any acts adopted or orders, byelaws, rules or other instruments made under statute by resolution of the members of the county council or city council during the year to which the annual report relates; and

(e) such other particulars (including financial statements) as the county council or city council may determine or as may be directed by the Minister.

(3) The adoption by a county council or city council of its annual report is a reserved function.

(4) (a) Copies of the annual report of a county council or city council shall be made available—

(i) at its principal offices during normal office hours for inspection or purchase by members of the public, and

(ii) in public libraries within the county or city concerned.

(b) The purchase price for the annual report of a county council or city council may be determined by the county council or city council concerned.

(c) A county council or city council shall give public notice of the date from which an annual report will be so made available in accordance with paragraph (a).

(5) (a) An annual report prepared by a county council may for the convenience of the public include information in relation to the performance of the functions of any town council situated within its county.

(b) A town council may adopt an annual report or a report for such other period, as it may determine, in relation to the performance of its functions during such period.

(c) Subsections (1) to (4) apply to any report referred to in paragraph (b) as if references to a county council or city council were references to a town council, and subject to such other modifications as may be necessary.

Returns, information to Minister.

222. —A local authority shall provide the Minister with such periodic or other returns or other information regarding the performance of its functions as he or she may from time to time require.

Electoral divisions.

223. —(1) The Minister may by regulations divide the area of any county, city or town into areas to be known as electoral divisions and may vary the name of any such division or make adjustments to the boundaries of any such division or divisions.

(2) Any reference in any enactment to a district electoral division or a ward shall be read as a reference to an electoral division.

Report by authorised person.

224. —(1) In this section “authorised person” means a person authorised in writing for the purposes of this section by the Minister.

(2) (a) The Minister may request an authorised person to prepare a report for the Minister in relation to any matter arising from or relating to any of the functions for the time being conferred on the Minister or in relation to the performance of any of the functions of one or more local authorities.

(b) An authorised person for the purposes of this section is entitled at all reasonable times to enter and inspect any land or premises or structure (other than a dwelling) which is owned, used, controlled or managed by a local authority and shall be afforded every facility and co-operation by the local authority (its members and employees) including the giving of information which he or she reasonably requires and shall have access to all documents, materials, things, or other information which he or she may reasonably require.

(3) Any person who obstructs or impedes or refuses to comply with a request of an authorised person acting in the exercise of the functions conferred on him or her by subsection (2)(b) is guilty of an offence and is liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both.

(4) Summary proceedings for an offence under this section may be brought by the Minister.

Local authority associations.

225. —(1) In this section “association of local authorities” means, the General Council of County Councils and the Association of Municipal Authorities of Ireland or any other body which may be established in place of either or both of those bodies, the membership of such association being constituted by local authorities and the general function of such association being to represent the collective interests of the local authorities which constitute its membership (in this section referred to as “constituent authorities”).

(2) A local authority may hold membership of an association of local authorities.

(3) An association of local authorities may carry out such activities as are necessary to represent the collective interests of the local authorities which constitute its membership, including—

(a) the undertaking of research and other studies,

(b) the promotion of education and training,

(c) the provision of policy support and other assistance to its constituent authorities as regards any matter relating to local government, or

(d) the making of submissions to the Minister or other public authorities as regards such matters.

(4) An association of local authorities shall operate in accordance with its constitution or other procedural rules (by whatever name called).

(5) Without prejudice to any other provisions which may be included in the procedural rules of an association of local authorities, such rules shall set out the general functions and objectives of the association and provide for—

(a) the adoption by the association of annual estimates of expenditure and income,

(b) the keeping of all proper and sufficient accounts of all moneys received or spent by it and of its assets and liabilities,

(c) the audit of such accounts,

(d) the adoption of an annual report on the performance of its functions, and

(e) such other matters as are necessary to give effect to its function of representing the collective interests of its constituent authorities and to give effect to the matters set out in subsection (6).

(6) Where a local authority holds membership of an association of local authorities, the following provisions apply:

(a) the local authority may elect such number of delegates to the association as may be specified in the procedural rules of that association;

(b) the local authority may make annual contributions to the funds of the association;

(c) the association may make payments to its delegates for expenses incurred in respect of travel and subsistence related to the business of the association on the basis set out in its procedural rules;

(d) the association shall provide the local authority with a copy of its procedural rules and shall consult the local authority regarding any proposed changes to those rules;

(e) the association shall provide the local authority and the Minister with—

(i) a copy of its draft estimates,

(ii) a copy of the estimates when adopted,

(iii) a copy of the audited accounts, annual report, and

(iv) such other reports or statements of the association as it may consider appropriate;

(f) the annual estimates shall set out the principal categories of expenditure and income and shall indicate how these relate to the association's estimated financial requirements for the relevant period;

(g) the local authority and the association shall comply with such general directions as may be issued by the Minister in relation to—

(i) the form and categories in which income and expenditure under this section is shown in estimates and accounts, and

(ii) such other matters as the Minister may consider appropriate for the purposes of this section.

(7) For the purposes of this section, an association of local authorities shall, in the course of its activities, have regard to—

(a) its general function of representing the collective interests of its constituent authorities,

(b) the promotion of the interests generally of local government and of democratic representation of local communities,

(c) the likely costs and benefits of its activities to its constituent local authorities,

(d) the need for effectiveness, efficiency and economy in the discharge of its business and to minimise demands on the resources of its constituent authorities, and

(e) any submissions made to it by a constituent authority on foot of subsection (6)(d) or (e) or otherwise, or by the Minister.

(8) The decision to hold or to cease to hold membership of an association of local authorities is a reserved function.

(9) A reference in any enactment to “the association of county councils of Ireland”, “the Irish County Councils General Council” or “the County Councils' General Council” or to any analogous expression shall be read as a reference to the General Council of County Councils as referred to in subsection (1) or as a reference to that body by whatever name known for the time being.

Local Authority Members' Association.

226. —(1) A member of a local authority may in his or her own right hold membership of the association known as the Local Authority Members' Association and the members of a local authority may appoint a person to represent them on that association.

(2) Subsections (3) to (8) of section 225 apply with any necessary modifications for the purposes of this section.

(3) Nothing in subsections (1) and (2) or section 225 shall be read as preventing the establishment of a unified body to replace the bodies mentioned in those provisions and to represent local government and its elected members.

Reclaimed land and structures to form part of local authority area.

227. —(1) The maritime boundary of a county, city or town shall on the establishment day by virtue of this subsection be deemed to coincide with the ordinary high water mark for the time being, except where in accordance with section 10 (4), such boundary already extends beyond that high water mark.

(2) (a) For the avoidance of doubt and without prejudice to subsection (1) it is hereby declared that all land which is above the ordinary high water mark for the time being and which is formed by reclamation or other construction works or by natural accretion or otherwise shall, notwithstanding the provisions of any other enactment, for all purposes, including all functions conferred on a local authority by this or any other enactment, be included in and form part of the county or city to which it is contiguous or connected or where it adjoins or is connected to more than one such county or city in proportion to the extent of the common boundary and the boundary of that county or city shall stand altered accordingly.

(b) Where land referred to in paragraph (a) forms part of a county or city it shall by virtue of this paragraph also for all purposes be included in and form part of any town or any other administrative, electoral or geographical district which it adjoins and which is situated within such county or city or where it adjoins more than one such district in proportion to the extent of the common boundary of such districts.

(c) In this section and for purposes of illustration only and without restriction of the definition of land in section 2 as including a structure, land shall be read as including piers, wharves, jetties, breakwaters, walkways, bridges, pylons, tanks or other installations, equipment or apparatus.

(3) Where a local authority becomes aware that land referred to in subsection (2)(a) has by virtue of this section become part of its administrative area, the authority shall notify the Chief Boundary Surveyor of that fact.

Acceptance of gifts by a local authority.

228. —(1) In this section “local authority” includes a joint library committee.

(2) A local authority may accept gifts of money, land or other property on the trusts or conditions (if any) as may be specified by the donor.

(3) A local authority shall not accept a gift if the trusts or conditions attached to it would be inconsistent with, or prejudice, the effective performance of its functions.

(4) A local authority shall, as appropriate, publish in its annual report details of all gifts accepted by it during the period of the report.

(5) Nothing in this section shall be read as restricting the right of any local authority to continue to hold and administer gifts of property which it has accepted before the establishment day under the Local Authorities (Acceptance of Gifts) Act, 1945 .

Power of local authorities to enter into contracts, etc.

229. —(1) A local authority may enter into a contract with any person in respect of any matter arising in relation to the functions of the local authority.

(2) A local authority shall comply with guidelines issued by the Minister or other Minister of the Government in regard to contracts or the seeking, reception and examination of tenders.

(3) Any contract or instrument which, if entered into or executed by an individual, is not required to be under seal may be entered into or executed on behalf of the local authority by the manager in accordance with section 149 (5) or by an employee generally or specially nominated by order of the manager for that purpose.

(4) A local authority may from time to time engage such consultants, advisers or other persons as it considers necessary for the discharge of its functions.

(5) This section shall not be read so as to limit the scope of section 65 in relation to the ancillary functions of local authorities.

(6) This section shall not be read so as to permit the exercise of a reserved function of a local authority other than by a local authority.

Joint burial boards.

230. —(1) In this section—

“relevant local authority” means—

(a) where 2 county councils contribute to the funding of the specified body, the county council in whose county the burial ground is situated,

(b) where a county council and any other local authority so contribute, subject to paragraph (c), the county council in whose county the burial ground is situated,

(c) where the county council and the other local authority concerned each declare by resolution passed within 6 months of the making of an order referred to in subsection (2) but before the transfer day that the said other local authority shall be the relevant local authority, such other local authority as is so declared;

“specified body” means a joint burial board or a cemetery joint committee specified in an order made under this section.

(2) (a) The Minister may by order fix a day (in this section referred to as the “transfer day”) in respect of a specified body upon which the body is dissolved and ceases to exist and the relevant local authority shall for all purposes become and be the successor of that specified body.

(b) The transfer day fixed by order shall not be less than 6 months after the order is made.

(3) With effect from the transfer day the following are transferred to the relevant local authority—

(a) all land and other property (and all rights relating to such land and other property) held or enjoyed immediately before that day by the specified body,

(b) all liabilities incurred before that day by the specified body which had not been discharged before that day,

and, accordingly as and from that day without any further conveyance, transfer or assignment—

(i) that property, real and personal, vests in the relevant local authority for all the estate, term or interest for which, immediately before that day, it was vested in the specified body, but subject to all trusts and equities affecting the property and capable of being performed,

(ii) those rights are to be enjoyed by the relevant local authority, and

(iii) those liabilities are liabilities of that authority.

(4) All moneys and securities transferred to the relevant local authority by this section that, immediately before the transfer day are standing in the name of the specified body are to be transferred into its name upon request of the relevant local authority.

(5) On or after the transfer day every right and liability transferred to the relevant local authority by this section may be sued on, recovered or enforced by or against the relevant local authority in its own name and it is not necessary for the authority to give notice of the transfer to the person whose right or liability is transferred by this section.

(6) Every contract or agreement made between a specified body or any trustee or agent of the body acting on its behalf, and any other person, which is in force immediately before the transfer day continues in force on and after that day and shall—

(a) be read and have effect as if the relevant local authority were substituted in the contract or agreement for the specified body or, as the case may be, its trustee or agent acting on its behalf, and

(b) be enforceable against that relevant local authority.

(7) Where, immediately before the transfer day, any legal proceedings are pending in any court or tribunal and the specified body or any trustee or agent of a specified body acting on its behalf, is a party to the proceedings, the name of the relevant authority shall be substituted in the proceedings for that of the specified body, or as the case may be, such trustee or agent of the specified body, and the proceedings shall not abate by reason of such substitution.

Joint drainage committees.

231. —(1) After consultation with the Minister for Finance, the Minister may by order provide that this section is to have effect in respect of a joint drainage committee specified in the order from a date so specified.

(2) (a) In this subsection “the relevant local authorities” means the county councils or city councils which are liable to provide funds to the joint drainage committee concerned.

(b) Where an order is made under subsection (1), then from the date specified in the order the joint drainage committee so specified is dissolved and ceases to exist and the functions of that committee shall become and be functions of and vest in each of the relevant local authorities for so much of the drainage district as is within each of their administrative areas.

(c) The relevant local authorities may make such joint arrangements as may be necessary for the carrying out of the functions of the dissolved joint drainage committee.

(3) (a) The manager for a joint drainage committee to which an order under subsection (1) applies shall take all such steps as may be necessary—

(i) in preparation for and arising from the dissolution of the committee, and the winding-up of its affairs generally, and

(ii) for the making of such joint or other arrangements as may be necessary for the carrying out of its functions.

(b) It is the duty of the local authorities concerned to co-operate as regards the operation of any arrangements under paragraph (a)(ii).

Regulations to remove difficulties.

232. —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 be regulations do anything which appears to the Minister to be necessary or expedient for the purposes of 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 or any other enactment so far as may be necessary or expedient for those purposes, but no regulations shall be made under this section in relation to a provision of this Act after the expiration of 3 years from the commencement of that provision.

Reduction of grants etc. in certain circumstances.

233. —(1) Subject to subsection (2), where in the opinion of the Minister a local authority has failed or substantially failed to comply with a statutory duty under any enactment, the Minister may reduce or withhold payment of any grant or any other money due or otherwise payable to the local authority.

(2) The Minister shall notify the local authority concerned in writing of his or her intention to exercise the functions conferred by subsection (1) and shall state the reasons for it and that local authority may within the period of 3 weeks of such notification make a submission in writing to the Minister as regards the matter and the Minister shall have regard to any such submission so received.

Offence by body corporate.

234. —(1) Where an offence under this Act is committed by a body corporate and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body or any person who was claiming to act in any such capacity, that officer or person, as well as the body, is guilty of an offence and is liable to be proceeded against and punished as if he or she had committed the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

Commencement of summary proceedings.

235. —Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings in relation to an offence under this Act may, subject to section 181 (8) in respect of such proceedings for an offence under Part 15, be commenced at any time within 12 months from the date on which the offence was committed.

Discharge of certain functions by Minister.

236. —(1) In this section “officer” means an officer of the Minister who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956 .

(2) The Minister may delegate any of his or her functions under—

(a) this Act,

(b) any enactment mentioned in Part 1 of Schedule 12, or

(c) any other enactment, in so far as it relates to local authorities or related matters,

which are specified in the delegation.

(3) Every delegation under this section shall be in writing to a named officer or to an officer of a specified grade, position or description.

(4) A delegation under this section may be revoked by the Minister.

(5) A delegation under this section is without prejudice to the right of the Minister to exercise the function concerned.

(6) Every function delegated under this section shall be exercised and performed by the delegated officer subject to the general supervision and control of the Minister and to such limitations (if any) as may be specified in the delegation or which may be specified in writing by the Minister at any time thereafter.

(7) A delegation made under section 61 of the Local Government Act, 1994 , is deemed to be a delegation under this section and continues to have effect accordingly and any reference in such delegation to a function of the Minister under any enactment repealed by this Act shall be read as a reference to the corresponding provision of this Act.

Regional authorities, functions.

237. —A regional authority established by the Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1999 (S.I. No. 226 of 1999), made under section 43 of the Local Government Act, 1991 , shall have and be deemed always to have had such functions in connection with assistance from the European Communities as are specified in that order.