First Previous (LOCAL GOVERNMENT ACT, 1991) Next (PART II Functions of Local Authorities)

11 1991

LOCAL GOVERNMENT ACT, 1991

PART I

Preliminary and General

Short title, collective citations, construction and commencement.

1. —(1) This Act may be cited as the Local Government Act, 1991.

(2) The Local Government Acts, 1925 to 1985, and this Act may be cited together as the Local Government Acts, 1925 to 1991, and shall be construed together as one Act.

(3) The County Management Acts, 1940 to 1988, and so much of this Act as relates to the management of counties, elective bodies and the county borough of Galway may be cited together as the County Management Acts, 1940 to 1991.

(4) The Cork City Management Acts, 1929 to 1988, and so much of this Act as relates to the management of the county borough of Cork may be cited together as the Cork City Management Acts, 1929 to 1991.

(5) The Local Government (Dublin) Acts, 1930 to 1988, and so much of this Act as relates to the management of the county borough of Dublin may be cited together as the Local Government (Dublin) Acts, 1930 to 1991.

(6) The Limerick City Management Acts, 1934 to 1988, and so much of this Act as relates to the management of the county borough of Limerick may be cited together as the Limerick City Management Acts, 1934 to 1991.

(7) The Waterford City Management Acts, 1939 to 1988, and so much of this Act as relates to the management of the county borough of Waterford may be cited together as the Waterford City Management Acts, 1939 to 1991.

(8) The Local Elections Acts, 1963 to 1986, Part III and so much of the Local Government (Reorganisation) Act, 1985, and Part IV as relates to local elections may be cited together as the Local Elections Acts, 1963 to 1991.

(9) The Local Government (Planning and Development) Acts, 1963 to 1990, and section 45 may be cited together as the Local Government (Planning and Development) Acts, 1963 to 1991.

(10) This Act 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 and revocation effected by section 4 of different enactments.

Interpretation.

2. —(1) In this Act, except where the context otherwise requires—

committee” means a committee established under section 37 ;

direction” means a direction in writing;

elective body” means an elective body for the purposes of the County Management Acts, 1940 to 1988;

enactment” includes an instrument made under an enactment;

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 committee” means a joint committee established under section 38 ;

local authority” means a local authority for the purposes of the Local Government Act, 1941 ;

local elections” has the meaning assigned to it by section 81 of the Electoral Act, 1963 ;

local electoral area” has the meaning assigned to it by section 80 of the Electoral Act, 1963 ;

manager” means—

(a) as respects the corporation of a county borough, the manager for the purposes of the Acts relating to the management of the county borough, and

(b) as respects the council of a county or an elective body, the manager for the purposes of the County Management Acts, 1940 to 1988;

the Minister” means the Minister for the Environment;

prescribed” means prescribed by regulations made by the Minister and cognate words shall be construed accordingly;

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) a health board,

(e) a board or other body (but not including a company) established by or under statute,

(f) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

(g) a company in which all the shares are held by a board, company or other body referred to in paragraph (e) or (f) of this definition;

report” means a report of a local authority under section 50 ;

reserved function” means—

(a) in the case of the council of a county or an elective body, a reserved function for the purposes of the County Management Acts, 1940 to 1988;

(b) in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough, and

(c) any function as respects which a resolution is provided for by this Act.

(2) In this Act—

(a) a reference to a Part, section or Schedule is to a Part or section of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,

(c) a reference to any provision of this Act shall, where appropriate, be construed as a reference to that provision as modified by regulations under section 52 .

(3) In this Act, a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).

Regulations, orders and directions.

3. —(1) The Minister may make regulations for any purpose of this Act.

(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 there under) as may appear to the Minister to be appropriate for the purposes of this Act or any regulations or order made thereunder.

(3) Regulations or an order under this Act may—

(a) apply to local authorities generally, to a specified class or classes of local authorities, to a particular local authority or to a particular part of the functional area of a local authority,

(b) contain different provisions in relation to different local authorities,

(c) provide for the giving of directions by the Minister (including directions amending or revoking any such directions).

(4) A regulation under this Act (other than a regulation under subsection (1) or (2) of section 52 ) or an order under this Act (other than an order under section 1 (10) or 12 or an order under section 31 relating to the alteration of the boundary of a county or county borough) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation or order is passed by either such House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(5) An order under section 1 (10) shall be laid before each House of the Oireachtas as soon as may be after it is made.

(6) Where it is proposed to make an order under section 12 or 31 in relation to the boundary of a county or county borough, or regulations under subsection (1) or (2) of section 52 , a draft of the order or regulations, as the case may be, shall be laid before each House of the Oireachtas and the order or regulations, as the case may be, shall not be made until a resolution approving of the draft has been passed by each such House.

(7) The Minister may—

(a) by order, amend or revoke any order under this Act (other than an order under section 1 (10) but including an order under this subsection), and

(b) by direction amend or revoke a direction under this Act (including a direction under this subsection).

(8) A person to whom a direction is given under this Act shall comply therewith.

(9) This section does not apply to an order under subsection (1) of section 9 and this section (other than subsection (4)) does not apply to an order under subsection (2) of that section.

Repeals and revocations.

4. —(1) The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in column (3) of the Schedule .

(2) Articles 25, 26 and 27 of the Schedule to the Local Government (Application of Enactments) Order, 1898, the Local Authorities (Allowances to Members) Order, 1946, the Local Conferences Order, 1947 and the Local Authorities (Travelling Expenses of Members) (No. 2) Order, 1947 are hereby revoked.