Local Government Act, 1991

JurisdictionIreland
CitationIR No. 11/1991


Number 11 of 1991


LOCAL GOVERNMENT ACT, 1991


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, collective citations, construction and commencement.

2.

Interpretation.

3.

Regulations, orders and directions.

4.

Repeals and revocations.

PART II

Functions of Local Authorities

5.

Representational functions of local authorities.

6.

General competence of local authorities.

7.

Local authorities to have regard to certain matters in performing functions.

8.

Ancillary functions of local authorities and other provisions with respect to their functions.

9.

Transfer of certain functions to local authorities.

PART III

Local Elections and Related Matters

10.

Prohibition of plural voting.

11.

Amendment of Local Elections Regulations, 1965.

12.

Local electoral areas in county boroughs.

13.

Disqualification of Ministers of Government and Ministers of State for membership of local authorities.

14.

Postponement of local elections for certain local authorities.

15.

Extension of term of office of certain members of certain harbour authorities.

16.

Extension of term of office of certain members of certain vocational education committees.

PART IV

Reorganisation of Local Government for the County of Dublin

17.

Interpretation (Part IV).

18.

Establishment of area committees.

19.

Delegation of functions to area committees.

20.

Management arrangements for area committees.

21.

Assistant county managers for area committees.

22.

County managers for new counties.

23.

Report on preparations for establishment of proposed councils.

24.

Regulations in relation to preparations for establishment of proposed councils.

25.

Directions for purposes of this Part.

26.

Amendment of Local Government (Reorganisation) Act, 1985.

PART V

Local Authority Boundary Alteration

27.

Interpretation (Part V).

28.

Boundary committees.

29.

Proposal and application for alteration of local authority boundary.

30.

Provisions supplementary to section 29.

31.

Power of Minister to alter boundary by order.

32.

Request to boundary committee to report with respect to certain matters.

33.

Report by boundary committee with respect to a boundary.

34.

Provisions consequential on boundary alteration.

35.

Transitional.

PART VI

Committees and Joint Committees of Local Authorities

36.

“Local authority” (Part VI).

37.

Committees of local authorities.

38.

Joint committees of local authorities.

39.

Membership of committees and of joint committees.

40.

Regulations (Part VI).

PART VII

Miscellaneous

41.

Reserved functions.

42.

Allowances for chairmen of local authorities.

43.

Establishment of regional authorities.

44.

Amendment of City and County Management (Amendment) Act, 1955.

45.

Amendment of Local Government (Planning and Development) Act, 1963.

46.

Entertainment and associated expenses of local authorities.

47.

Tenure of office of managers.

48.

Civic honours.

49.

Twinning of local authority areas.

50.

Annual report of local authorities.

51.

Expenses of members of local authorities and representation of local authorities at conferences.

52.

Power to amend, repeal, etc., enactments and to dispense with certain controls affecting local authorities.

53.

Amendment of Local Authorities (Combined Purchasing) Act, 1939.

54.

Amendment of Local Government Act, 1941.

55.

Expenses.

SCHEDULE

Enactments Repealed


Acts Referred to

City and County Management (Amendment) Act, 1955

1955, No. 12

Commissioners Clauses Act, 1847

1847, c. 16

Cork City Management Act, 1929

1929, No. 1

Cork City Management Acts, 1929 to 1988

Cork City Management (Amendment) Act, 1941

1941, No. 5

County Management Act, 1940

1940, No. 12

County Management Acts, 1940 to 1988

Electoral Act, 1963

1963, No. 19

Harbours Act, 1946

1946, No. 9

Limerick City Management Act, 1934

1934, No. 35

Limerick City Management Acts, 1934 to 1988

Local Authorities (Combined Purchasing) Act, 1939

1939, No. 14

Local Authorities (Officers and Employees) Act, 1926

1926, No. 39

Local Authorities (Miscellaneous Provisions) Act, 1936

1936, No. 55

Local Authorities (Mutual Assurance) Act, 1926

1926, No. 34

Local Elections Acts, 1963 to 1986

Local Government Act, 1925

1925, No. 5

Local Government Act, 1941

1941, No. 23

Local Government Act, 1946

1946, No. 24

Local Government Act, 1955

1955, No. 9

Local Government Acts, 1925 to 1985

Local Government (Dublin) Act, 1930

1930, No. 27

Local Government (Dublin) Act, 1945

1945, No. 8

Local Government (Dublin) Act, 1967

1967, No. 4

Local Government (Dublin) Acts, 1930 to 1988

Local Government (Ireland) Act, 1902

1902, c. 28

Local Government (Planning and Development) Act, 1963

1963, No. 28

Local Government (Planning and Development) Act, 1976

1976, No. 20

Local Government (Planning and Development) Acts, 1963 to 1990

Municipal Corporations (Ireland) Act, 1840

1840, c. 105

Municipal Privileges (Ireland) Act, 1876

1876, c. 76

Public Health and Local Government Conferences Act, 1885

1885, c. 17

Public Health (Ireland) Act, 1878

1878, c. 52

Towns Improvement (Ireland) Act, 1854

1854, c. 104

Waterford City Management Act, 1939

1939, No. 25

Waterford City Management Acts, 1939 to 1988


Number 11 of 1991


LOCAL GOVERNMENT ACT, 1991


AN ACT TO AMEND AND EXTEND THE LAW RELATING TO LOCAL GOVERNMENT. [18th May, 1991]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

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...

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