Local Government Act, 1994

• Jurisdiction: Ireland
• Citation: IR No. 8/1994

Number 8 of 1994
LOCAL GOVERNMENT ACT, 1994
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section 1. Short title, collective citations, construction and commencement. 2. Interpretation. 3. Orders and regulations. 4. Repeal, revocation and amendment of enactments.
PART II
Local Authority Membership
5. Eligibility for local authority membership. 6. Disqualifications for local authority membership. 7. Offence to act when disqualified. 8. Cesser of membership arising from disqualification. 9. Term of office. 10. Resignation from membership. 11. Casual vacancies. 12. Saver for acts of local authority.
PART III
Local Elections
13. Interpretation of Part III. 14. Elections to certain local authorities in 1994. 15. Harbour authorities. 16. Vocational education committees. 17. Alteration of boundaries for purposes of certain local elections. 18. Section 17: ancillary provisions 19. Arrangements with respect to certain polling districts and the register of electors. 20. Year of elections to all local authorities. 21. Times of poll. 22. Conduct of elections. 23. Right to vote at local elections. 24. Local electoral areas.
PART IV
Cathaoirleach and Leas-Chathaoirleach
25. Cathaoirleach and Leas-Chathaoirleach. 26. Method of election of Cathaoirleach. 27. Term of office of Cathaoirleach or Leas-Chathaoirleach. 28. Resignation of Cathaoirleach or Leas-Chathaoirleach. 29. Casual vacancy in the office of Cathaoirleach or Leas-Chathaoirleach.
PART V
Meetings and Procedures of Local Authorities
30. Meetings and procedures of local authorities.
PART VI
Amenity, Recreation, Library and other Functions
31. Provision of amenities, facilities, etc. 32. Library authorities. 33. Powers of library authorities. 34. An Chomhairle Leabharlanna. 35. Application of section 8 (1) of the Act of 1991.
PART VII
Bye-Laws
36. Interpretation of Part VII. 37. Power to make bye-laws. 38. Procedure for making a bye-law. 39. Certain bye-laws to be submitted to the appropriate Minister. 40. Offences and penalties. 41. Fixed payment notices. 42. Publication of bye-laws. 43. Continuation in force of existing bye-laws, etc.
PART VIII
Local Authority Estimates, Rates, etc.
44. Amendment of section 10 of the Act of 1955. 45. Amendment of section 29 of the Act of 1946. 46. Amendment of section 9 of the Local Government (Financial Provisions) Act, 1978. 47. Functions of revenue collectors.
PART IX
Local Authority Personnel
48. Amendment of section 19 (1) of the Act of 1941. 49. Amendment of section 27 of the Act of 1941. 50. Submission of certain statutory requests to the Local Appointments Commissioners. 51. Appointment of deputy managers. 52. Amendment of section 17 of the Act of 1955.
PART X
Town Local Government
53. Local Government Reorganisation Commission. 54. Chairperson and members. 55. Guidelines for Commission. 56. Reorganisation report. 57. Notice of review. 58. Work programme. 59. Implementation of reorganisation proposals. 60. Provision of services to Commission.
PART XI
Miscellaneous
61. Discharge of certain functions by Minister. 62. Cesser of Towns Improvement (Ireland) Act, 1854 in certain areas. 63. Electoral divisions. 64. Local authority associations. 65. Records and archives of local authorities. 66. Removal of difficulties. 67. Amendment of sections 76 to 79 of the Act of 1946. 68. Expenses.
FIRST SCHEDULE
Enactments Repealed and Order and Regulations Revoked
SECOND SCHEDULE
Amendment of Enactments
THIRD SCHEDULE
Alteration of Certain Town Boundaries
FOURTH SCHEDULE
Amenities, Facilities and Services
FIFTH SCHEDULE
Local Government Reorganisation Commission
Number 8 of 1994
LOCAL GOVERNMENT ACT, 1994
AN ACT TO AMEND AND EXTEND THE LAW RELATING TO LOCAL GOVERNMENT. [29th April, 1994]
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, 1994.
	(2) The Local Government Acts, 1925 to 1993, and this Act may be cited together as the Local Government Acts, 1925 to 1994 and shall be construed together as one Act.
	(3) The County Management Acts, 1940 to 1993, 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 1994.
	(4) The Cork City Management Acts, 1929 to 1991, 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 1994.
	(5) The Local Government (Dublin) Acts, 1930 to 1993, 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 1994.
	(6) The Limerick City Management Acts, 1934 to 1991, and so much of this Act as relates to management of the county borough of Limerick may be cited together as the Limerick City Management Acts, 1934 to 1994.
	(7) The Waterford City Management Acts, 1939 to 1991, 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 1994.
	(8) The Local Elections (Petitions and Disqualifications) Act, 1974 , so much of the Electoral Act, 1992 as relates to local elections and Parts II and III may be cited together as the Local Elections Acts, 1974 to 1994.
	(9) 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 amendment effected by section 4 of different enactments.
	Interpretation.	2.—(1) In this Act, except where the context otherwise requires—
	“the Act of 1941” means the Local Government Act, 1941 ;
	“the Act of 1946” means the Local Government Act, 1946 ;
	“the Act of 1955” means the City and County Management (Amendment) Act, 1955 ;
	“the Act of 1991” means the Local Government Act, 1991 ;
	“election” means a local election;
	“elective body” means an elective body for the purposes of the County Management Acts, 1940 to 1993;
	“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;
	“local authority” means a local authority for the purposes of the Act of 1941;
	“manager” means—
	(a) as respects the corporation of a county borough, the manager for the purpose 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 1993;
	“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 public authority for the purposes of the Act of 1991;
	“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 1993;
	(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.
	(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 66 .
	(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).
	Orders and regulations.	3.—(1) Every order and regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made.
	(2) If after an order, other than an order under section 1 (9), 14 , 21 or 53 (1), or a regulation is so laid, a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
	(3) The Minister may by order, amend or revoke an order made under this Act, other than under section 1 (9) (including an order made under this subsection).
	(4) The Minister may make...