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8 1994

LOCAL GOVERNMENT ACT, 1994

PART X

Town Local Government

Local Government Reorganisation Commission.

53. —(1) There shall stand established on such day as the Minister may appoint by order a body to be known as the Local Government Reorganisation Commission (“the Commission”).

(2) The provisions of the Fifth Schedule shall apply to the Commission.

Chairperson and members.

54. —(1) The Commission shall consist of not more than seven members one of whom shall be the chairperson.

(2) The chairperson shall be appointed by the Minister.

(3) The members shall be appointed by the Minister and shall include—

(a) a member of a county council,

(b) a member of a local authority other than a county council or a county borough council,

(c) a county manager,

(d) a person having knowledge or experience of local authority staffing matters,

(e) a person having knowledge or experience in the field of business, commerce or administration,

(f) an officer of the Minister.

(4) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein, or who is a member of the European Parliament, shall, while such person is so entitled or is such a member, be disqualified for becoming or being a member of the Commission.

(5) Nothing in this section shall affect the appointment of a person to fill a casual vacancy pursuant to article 2 of the Fifth Schedule .

Guidelines for Commission.

55. —(1) In this section and section 56 , except where the context otherwise requires, a reference to a town includes a reference to a borough (other than a county borough), an urban district, a town for which town commissioners are elected, and a town to which section 56 (1) (c) applies.

(2) In the preparation of a report pursuant to section 56 the Commission shall have regard to—

(a) the need to secure maximum benefit from the operation of the local government system generally, including the representation of local community interests;

(b) the need for effectiveness, efficiency and economy and to ensure that the best use is made of available resources in the operation of the local government system and in particular to safeguard the position of county councils as the primary units of local government;

(c) the need to ensure there is no avoidable increase in financial demands on the Exchequer or on local authorities with consequential implications for taxpayers and locally and that there is no avoidable increase in existing staff numbers and costs;

(d) community identity, civic tradition, local capabilities and capacities and the provision of a proper system of local government for towns consistent with the foregoing paragraphs; and

(e) such submissions as may be made to it pursuant to section 57 .

Reorganisation report.

56. —(1) The Commission shall prepare and submit to the Minister a reorganisation report which shall contain proposals as to—

(a) (i) arrangements for satisfactory local government for towns in the State including the number of classes of local authority which should be established for such towns,

(ii) the general role and functions appropriate to each such class of authority,

(iii) financial, staffing and organisational matters in respect of each such class, and

(iv) consequential implications for county councils and the appropriate relationships between each such class and such councils;

(b) the appropriate class for each town for which there is a local authority in existence at the commencement of this Part;

(c) appropriate criteria and procedures for the establishment of a local authority in a town where there is no local authority;

(d) such other (if any) matters relating to local government as the Commission may consider relevant or as the Minister may request;

(e) the measures to be taken and the arrangements to be made (including administrative, statutory and transitional arrangements) for the implementation of the proposals.

(2) The Commission shall be independent in the performance of its functions.

Notice of review.

57. —The Commission shall, as soon as may be after the day appointed under section 53 (1), publish notice of the task it is assigned pursuant to section 56 and shall—

(a) invite submissions from the public,

(b) request each local authority to make a submission in relation to the said review, including such information and particulars and within such period, not being less than two months, as may be specified in the notice.

Work programme.

58. —(1) The Commission shall commence operations as soon as may be after its establishment and complete its work within a period of 12 months thereafter or such longer period as the Minister may allow. The Commission shall, if requested by the Minister, submit an interim report on any particular aspect of its work.

(2) The Commission may, for the purposes of its reorganisation report, by notice in writing request any local authority to furnish to it such information as it may reasonably require within such period as shall be specified in the request and a local authority shall comply with any such request.

Implementation of reorganisation proposals.

59. —(1) The Minister may, having considered a reorganisation report of the Commission, by regulations under subsection (2) give effect to and provide for the implementation of the proposals made therein, with or without modifications. Different regulations may be made at different times in respect of different matters to allow for the implementation of such proposals on a phased and orderly basis.

(2) Regulations under this subsection may make provision for—

(a) the constitution of specified classes of local authority, their titles, corporate status and finances;

(b) the allocation of functions under different enactments to local authorities of different classes and the application to authorities of different classes of specified enactments;

(c) the relationships between different classes of local authorities and county councils;

(d) staffing, organisational and other administrative arrangements;

(e) criteria and procedures for the establishment of a local authority of a particular class for a town for which there is no local authority in existence at the commencement of this Part; and

(f) such other measures as may be necessary for the establishment of such classes of local authority.

(3) Where it is proposed to make regulations under subsection (2) 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 of the draft has been passed by each such House.

(4) The Minister may by regulations under this subsection provide that any local authority in existence at the time of the making of such regulations shall be a local authority of such class as may be specified therein.

(5) Regulations under subsection (2) or (4) may contain all such provisions as appear to the Minister to be necessary or expedient for the purposes of or to give full effect to or to facilitate the implementation of the proposals or modified proposals referred to in subsection (1) and without prejudice to the generality of the foregoing such regulations may include provision for—

(a) the reconstitution of a local authority as a local authority of a class referred to in subsection (2) (a);

(b) the making and operation of transitional arrangements arising from or in relation to such implementation including the preparation of schemes by the relevant managers, to have effect in accordance with the provisions of the regulations, in relation to functions, finances, staffing, property, organisational arrangements or any other things affected by such implementation and for the transfer if such is necessary of any property, officers and employees or any other thing to a specified local authority;

(c) the adjustment of any matter or thing (including any financial adjustment) that in the opinion of the Minister will arise from the implementation of reorganisation proposals or modified proposals;

(d) any matter or thing for or in respect of which provision is made by section 16 or 17 of the Local Government (Dublin) Act, 1993 , or for which provision may be made by order under section 9 or 34 of the Act of 1991 with such modifications as the Minister may consider appropriate in the particular circumstances.

(6) Regulations under this section shall have effect notwithstanding the provisions of any other enactment and every such enactment shall be construed and have effect subject to and in accordance with the provisions of the regulations.

Provision of services to Commission.

60. —A local authority or a public authority may supply to the Commission, on such terms and conditions as may be agreed upon by the relevant authority and the Commission, any services, including services of staff, required by the Commission for the performance of any of its functions.