Local government act 2019
Act Number | 1 |
Enactment Date | 25 January 2019 |
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Number 1 of 2019 | ||
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LOCAL GOVERNMENT ACT 2019 | ||
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CONTENTS | ||
PART 1 | ||
Preliminary and General | ||
1. Short title, commencement and collective citation | ||
2. Interpretation | ||
3. Regulations | ||
4. Order under section 34 of Local Government Act 1991 | ||
5. Directions of Minister | ||
6. Expenses | ||
PART 2 | ||
Alteration of Cork City and Cork County Boundaries | ||
7. Transfer day | ||
8. Alteration of boundary | ||
9. Transfer of land | ||
10. Delayed transfer of land | ||
11. Other agreements in relation to land situated in relevant area | ||
12. Transfer of property other than land | ||
13. Transfer of rights and liabilities, and continuation of leases, licences and permissions | ||
14. Provisions consequent upon transfer of assets and liabilities to city council | ||
15. Staff transfer plan | ||
16. Transfer of staff | ||
17. Preparation of maps | ||
18. Cork Boundary Alteration Implementation Oversight Committee | ||
19. Implementation plan | ||
20. Arrangements for performance of certain functions | ||
21. Compliance with Act | ||
PART 3 | ||
Financial Arrangements consequent upon Cork Boundary Alteration | ||
22. Contribution by county council to city council in respect of 2019 | ||
23. Relevant sums for purposes of section 24 | ||
24. Annual contribution by city council to county council | ||
25. Other financial arrangements | ||
PART 4 | ||
Other Provisions Consequent upon Cork Boundary Alteration | ||
26. Data sharing by Cork local authorities | ||
27. Rating area for local financial year 2019 | ||
28. Elections to Cork local authorities in 2019 | ||
29. Polling districts and polling places | ||
30. Development plans, etc. relating to relevant area | ||
31. Planning applications and development contribution schemes | ||
32. Continuation of instruments applicable to relevant area | ||
33. Saver for certain acts done before transfer day | ||
34. Outstanding charges | ||
PART 5 | ||
Amendment of Enactments Consequent upon Cork Boundary Alteration | ||
35. Amendment of Principal Act | ||
36. Amendment of Local Government Act 1991 | ||
37. Making and review of development plans by Cork local authorities | ||
38. Amendment of section 3 of Valuation Act 2001 | ||
PART 6 | ||
Plebiscites on Direct Election of Mayors | ||
39. Interpretation | ||
40. Plebiscite | ||
41. Regulations | ||
42. Electoral offences | ||
43. Persons entitled to vote at a plebiscite | ||
44. Report to Houses of Oireachtas | ||
45. Costs of holding plebiscites | ||
46. Amendment of Electoral Act 1992 | ||
PART 7 | ||
Miscellaneous | ||
47. Amendment of section 32 of Official Languages Act 2003 | ||
48. Amendment of Building Control Act 2007 | ||
SCHEDULE | ||
Cork Boundary Alteration Implementation Oversight Committee | ||
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Acts Referred to | ||
Air Pollution Act 1987 (No. 6) | ||
Boundary Survey (Ireland) Act 1854 (6 Geo. 4, c.17) | ||
Building Control Act 1990 (No. 3) | ||
Building Control Act 2007 (No. 21) | ||
Companies Act 2014 (No. 38) | ||
Control of Dogs Act 1986 (No. 32) | ||
Dangerous Substances Act 1972 (No. 10) | ||
Electoral Act 1992 (No. 23) | ||
Environment (Miscellaneous Provisions) Act 2011 (No. 20) | ||
European Parliament Elections Act 1997 (No. 2) | ||
Finance (Local Property Tax) Act 2012 (No. 52) | ||
Fire Services Act 1981 (No. 30) | ||
Housing (Miscellaneous Provisions) Act 1992 (No. 18) | ||
Housing Acts 1966 to 2015 | ||
Litter Pollution Act 1997 (No. 12) | ||
Local Government (Business Improvement Districts) Act 2006 (No. 42) | ||
Local Government (Financial Provisions) (No. 2) Act 1983 (No. 21) | ||
Local Government Act 1991 (No. 11) | ||
Local Government Act 2001 (No. 37) | ||
Local Government Acts 1925 to 2016 | ||
Local Government Reform Act 2014 (No. 1) | ||
Minimum Notice and Terms of Employment Acts 1973 to 2005 | ||
Official Languages Act 2003 (No. 32) | ||
Organisation of Working Time Act 1997 (No. 20) | ||
Planning and Development (Amendment) Act 2018 (No. 16) | ||
Planning and Development Act 2000 (No. 30) | ||
Protection of Employees (Fixed-Term Work) Act 2003 (No. 29) | ||
Protection of Employees (Part-Time Work) Act 2001 (No. 45) | ||
Redundancy Payments Acts 1967 to 2012 | ||
Road Traffic Act 1961 (No. 24) | ||
Road Traffic Act 1994 (No. 7) | ||
Unfair Dismissals Acts 1977 to 2007 | ||
Valuation (Amendment) Act 2015 (No. 10) | ||
Valuation Act 2001 (No. 13) | ||
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Number 1 of 2019 | ||
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LOCAL GOVERNMENT ACT 2019 | ||
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An Act to provide for the transfer of part of the administrative area of the council of the county of Cork to the administrative area of the council of the city of Cork; to provide for the holding of plebiscites by certain local authorities on the question as to whether or not the cathaoirligh of those local authorities should be elected to such positions by the electors of the administrative areas of those local authorities and the question as to whether or not certain functions of the chief executives of those local authorities should be transferred to those cathaoirligh; for those and other purposes to amend the Local Government Act 1991 , the Local Government Act 2001 , the Valuation Act 2001 , the Official Languages Act 2003 and certain other enactments; and to provide for matters connected therewith. | ||
[25th January , 2019] | ||
Be it enacted by the Oireachtas as follows: | ||
PART 1 Preliminary and General | ||
Short title, commencement and collective citation |
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1. (1) This Act may be cited as the Local Government Act 2019. | ||
(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. |
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(3) The Local Government Acts 1925 to 2016 and this Act may be cited together as the Local Government Acts 1925 to 2019. |
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Interpretation |
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2. In this Act— | ||
“Act of 1991” means the Local Government Act 1991 ; |
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“Act of 1992” means the Electoral Act 1992 ; |
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“Act of 2000” means the Planning and Development Act 2000 ; |
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“administrative area” has the meaning assigned to it by the Principal Act; |
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“chief executive” means— |
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(a) in relation to the city council, the chief executive of the city council, and |
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(b) in relation to the county council, the chief executive of the county council; |
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“city council” means the council of the city of Cork; |
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“Cork boundary alteration” means the alteration of the boundary of the city of Cork and the boundary of the county of Cork effected by section 8 ; |
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“Cork local authorities” means— |
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(a) the city council, and |
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(b) the county council; |
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“county council” means the council of the county of Cork; |
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“deposited map” means the map (a true copy of which was laid before each House of the Oireachtas on 25 July 2018)— |
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(a) deposited on behalf of the Minister at the offices of the Department of Housing, Planning and Local Government situated at the Custom House in the city of Dublin, on 25 July 2018 for the purpose of the Cork boundary alteration, |
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(b) described as having been deposited for that purpose, and |
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(c) sealed with the official seal of the Minister; |
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“financial settlement” has the meaning assigned to it by section 25 ; |
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“implementation plan” has the meaning assigned to it by section 19 ; |
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“local authority” has the meaning assigned to it by the Principal Act; |
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“Minister” means the Minister for Housing, Planning and Local Government; |
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“oversight committee” has the meaning assigned to it by section 18 ; |
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“Principal Act” means the Local Government Act 2001 ; |
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“property vesting day” has the meaning assigned to it by subsection (4) of section 12 ; |
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“relevant area” means the area inside the red line (but not including the red line) and hatched in green on the deposited map; |
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“staff transfer plan” has the meaning assigned to it by section 15 ; |
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“transfer day” has the meaning assigned to it by section 7 ; |
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“true copy” means, in relation to the deposited map, a document that purports to be a reproduction of that map and that is certified by the Minister to be a true copy of that map. |
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Regulations |
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3. (1) The Minister may make regulations for the purposes of this Act. | ||
(2) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations. |
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(3) (a) 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. |
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(b) Where regulations under this subsection are proposed to be made, 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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(4) Every regulation made by the Minister under this Act (other than subsection (3) and section 41 ) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. |
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Order under section 34 of Local Government Act 1991 |
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4. Section 34 of the Act of 1991 shall apply in relation to the Cork boundary alteration as it applies to a boundary alteration effected by a... |
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