Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1999

JurisdictionIreland
CitationIR SI 226/1999
Year1999

CONTENTS

Part I—Preliminary and General

Article

1.

Citation.

2.

Interpretation

3.

Commencement.

Part II—Constitution, Appointments, Tenure of Office, etc.

4.

Constitution.

5.

Appointments.

6.

Timing of appointments.

7.

Tenure of office.

8.

Disqualification.

9.

Resignation of membership.

10.

Attendance at meetings, etc.

11.

Casual vacancies.

12.

Cathaoirleach.

Part III—Role of Regional Assemblies

13.

Interpretation (Part III).

14.

Functions—general.

15.

Functions in connection with assistance from the European Communities.

16.

Matters to which regional assemblies shall have regard.

17.

Powers of regional assemblies.

Part IV—Meetings and Procedures

18.

Meetings.

19.

Standing orders.

20.

Quorum.

21.

Validity of proceedings.

22.

Calling of meeting.

23.

Notice of meeting.

24.

Cathaoirleach at meeting.

25.

Minutes of meeting.

26.

Acting by majority vote.

27.

Casting vote of cathaoirleach.

28.

Disclosure of interest.

Part V—Administration, Finance, Staffing and General Matters

29.

Seal of regional assembly.

30.

Annual report.

31.

Finance.

32.

Accounts and audit.

33.

Appointment of director.

34.

Appointment of staff.

35.

Expenses.

36.

Allowance for cathaoirleach.

37.

Directions.

Part VI—Committees

38.

Committees—general.

39.

Operational Committee.

40.

Procedure of committees.

First Schedule

Regional Areas, etc.

Second Schedule

Public Authorities Represented on the Operational Committee

Third Schedule

Method of Election of Cathaoirleach of Regional Assembly

S.I. No. 226 of 1999.

LOCAL GOVERNMENT ACT, 1991 (REGIONAL AUTHORITIES) (ESTABLISHMENT) ORDER, 1999

The Minister for the Environment and Local Government in exercise of the powers conferred on him by sections 3 and 43 of the Local Government Act, 1991 (No. 11 of 1991), and with the consent of the Minister for Finance, hereby orders as follows:

Part I—Preliminary and General

Citation.

1. This Order may be cited as the Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1999.

Interpretation.

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

“a regional assembly” means a regional authority established by this Order and “region” shall be construed accordingly;

“a relevant regional authority” means a regional authority established by the Order of 1993, the functional area of which is within the functional area of a regional assembly;

“the Act” means the Local Government Act, 1991 ;

“constituent local authority” means, with respect to a regional assembly, the council of a county or the corporation of a county borough mentioned in column (2) of the First Schedule opposite the title mentioned in column (3) of that Schedule of that regional assembly;

“development plan” has the same meaning as in the Local Government (Planning and Development) Acts 1963 to 1999;

“European Communities” has the meaning assigned to it by the European Communities Act, 1972 (No. 27 of 1972);

“The Order of 1993” means the Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1993 ( S.I. No. 394 of 1993 ).

“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, 1996 ,

(d) a health board,

(e) a board or other body (including a local authority or regional authority established by the Order of 1993 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.

(2) In this Order a reference to:

(a) a Part which is not otherwise identified is a reference to a Part of this Order;

(b) an article which is not otherwise identified is a reference to an article of this Order;

(a) a sub-article, paragraph or sub-paragraph which is not otherwise identified is a reference to a sub-article, paragraph or sub-paragraph of the article, sub-article or paragraph in which the reference occurs.

(3) In this Order 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.

Commencement.

3. This Order shall come into operation on the 21st July, 1999.

Part II— Constitution, Appointments, Tenure of Office, etc.

Constitution.

4. (1) Each area described in column (2) of the First Schedule shall constitute a region within the meaning of and for the purposes of section 43 of the Act and shall be called and known by the name mentioned in column (1) of that Schedule opposite the description of that area.

(2) There is hereby established in respect of each region specified in column (1) of the First Schedule, a regional assembly to be called and known by the title specified in column (3) of that Schedule opposite the name of the region and the headquarters of each such regional assembly shall be at the location specified in column (5) of that Schedule opposite the name of the region.

(3) (a) A regional assembly may, subject to the provisions of this sub-article, decide to change the name of the region and title of the assembly and where such a decision is in force the new name and title specified therein shall apply for all purposes in place of the name and title specified in column (1) and column (3), respectively, of the First Schedule.

(b) A regional assembly shall not make a decision pursuant to paragraph (a) unless—

(i) it has first given public notice of its intention to do so and invited submissions in that regard and considered any submissions received, and

(ii) more than one half of the total membership of the assembly vote in favour of the proposal

(c) A change of the name of a region and the title of a regional assembly pursuant to this sub-article shall not affect the identity of the assembly as a corporate body or derogate from its powers and shall not affect any rights or obligations of any authority or person or render defective any legal proceedings, and any legal proceedings may be continued as if there were no such change.

Appointments.

5. (1) A regional assembly mentioned in column (3) of the First Schedule shall consist of the number of members specified in column (4) of that Schedule opposite the mention in the said column (3) of that regional assembly.

(2) Every member of a regional assembly shall be appointed to be such member by the constituent local authority of which such person is a member.

(3) No member of a constituent local authority shall be eligible for appointment to a regional assembly unless, at the time of such appointment, he/she is a member of a relevant regional authority.

(4) The number of persons to be appointed to be members of a regional assembly by a constituent local authority shall be as follows:

(a) in the case of the corporation of the county borough of Dublin, seven,

(b) in the case of the council of the administrative county of Cork, four,

(c) in the case of the councils of the administrative counties of Donegal, Galway, Mayo and South Dublin, three each,

(d) in the case of the corporation of the county boroughs of Galway and Cork and the councils of the administrative counties of Fingal, Dun Laoghaire/Rathdown, Wicklow, Wexford, Kildare, Meath, Limerick, Roscommon, Cavan, Monaghan, Louth, Sligo, Offaly, Laois, Westmeath, Kerry and Clare, two each, and

(e) in every other case, one.

(5) For the purpose of appointing members of a local authority to be members of a regional assembly, a regional assembly shall be deemed to be a body mentioned in subsection (2) of section 27 of the Local Government (Reorganisation) Act, 1985 (No. 7 of 1985) and the said section 27 shall apply accordingly.

Timing of appointments.

6. The persons to be appointed by a local authority in accordance with article 5 to be members of a regional assembly shall be appointed at the annual meeting of such local authority held next after every election of the members of such local authority or so soon thereafter as may be.

Tenure of office

7. Every member of a regional assembly shall hold office (unless the member sooner dies, resigns or becomes disqualified or membership terminates under article 10) until the day after the next appointment of members of that assembly in accordance with article 5.

Disqualification.

8. Where a member of a regional assembly ceases to be (or is disqualified for being)—

(a) a member of the local authority by which such person was appointed to be a member of the regional assembly, or

(b) a member of the relevant regional authority,

such person shall also cease to be (or be disqualified for being) a member of that regional assembly.

Resignation of membership.

9. A member of a regional assembly may at any time resign from membership of the said assembly by giving signed notice in writing to the director of the assembly and the resignation shall take effect from the date of the receipt of the notice by the director.

Attendance at meetings, etc.

10. (1) Where a member of a regional assembly has not, for a consecutive period of six months, attended a meeting of the assembly such person's membership of that assembly shall thereupon terminate, except where the non-attendance was due to the illness of the member or to some other reason approved by the regional assembly before the expiry of that period.

(2)...

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