Local Government Act, 1998

JurisdictionIreland
CitationIR No. 16/1998


Number 16 of 1998


LOCAL GOVERNMENT ACT, 1998


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Regulations, orders and directions.

3.

Local Government Fund.

4.

Payments into the Fund by Minister.

5.

Payments into the Fund by local authorities.

6.

Payments out of the Fund generally.

7.

Deduction by local authority of expenses from amounts of motor vehicle tax and other fees and duties.

8.

Amendment of Act of 1952 and Finance (No. 2) Act, 1992.

9.

Amendment of sections 14, 15 and 16 of Act of 1994.

10.

Amendment of section 20 of Act of 1994.

11.

Appointment of local authority officers and employees.

12.

Grant of gratuity in respect of service as a member of a local authority.

13.

Repeals.

14.

Expenses.

15.

Short title, collective citation, construction and commencement.

SCHEDULE


Acts Referred to

Finance Act, 1961

1961, No. 23

Finance Act, 1989

1989, No. 10

Finance Act, 1993

1993, No. 13

Finance Act, 1994

1994, No. 13

Finance (No. 2) Act, 1992

1992, No. 28

Finance (Excise Duties) (Vehicles) Act, 1952

1952, No. 24

Harbours Act, 1946

1946, No. 9

Local Authorities (Officers and Employees) Act, 1926

1926, No. 39

Local Authorities (Officers and Employees) (Amendment) Act, 1940

1940, No. 15

Local Elections Acts, 1974 to 1997

Local Government Act, 1955

1955, No. 9

Local Government Act, 1991

1991, No. 11

Local Government Act, 1994

1994, No. 8

Local Government Acts, 1925 to 1997

Local Government (Financial Provisions) Act, 1997

1997, No. 29

Local Government (Roads and Drainage) Act, 1968

1968, No. 6

Roads Act, 1993

1993, No. 14

Road Traffic Act, 1961

1961, No. 24

Schools Attendance Act, 1926

1926, No. 17

Vocational Education Act, 1930

1930, No. 29

Vocational Education Acts, 1930 to 1993

Road Vehicles (Registration and Licensing) Order, 1958

S.I. No. 15 of 1958

European Communities (Vehicle Testing) Regulations, 1991

S.I. No. 356 of 1991

Road Traffic (Licensing of Trailers and Semi-Trailers) Regulations, 1982

S.I. No. 35 of 1982

Road Traffic (Public Service Vehicles) Regulations, 1963

S.I. No. 191 of 1963

Dublin (Preparations for Reorganisation) Regulations, 1993

S.I. No. 52 of 1993

Local Government (Reorganisation) Act, 1985, (County Borough of Galway) Order, 1985

S.I. No. 426 of 1985

Local Elections Regulations, 1995

S.I. No. 297 of 1995

Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963

S.I. No. 190 of 1963


Number 16 of 1998


LOCAL GOVERNMENT ACT, 1998


AN ACT TO MAKE NEW PROVISION WITH RESPECT TO THE MEANS WHEREBY FINANCIAL RESOURCES ARE MADE AVAILABLE TO LOCAL AUTHORITIES, TO PROVIDE FOR THE ESTABLISHMENT OF A FUND TO BE KNOWN AS THE LOCAL GOVERNMENT FUND, TO AMEND THE FINANCE (EXCISE DUTIES) (VEHICLES) ACT, 1952 , AND THE FINANCE (NO. 2) ACT, 1992 , TO MAKE PROVISION IN RELATION TO ELECTIONS OF MEMBERS OF LOCAL AUTHORITIES AND THE APPOINTMENT OF CERTAIN PERSONS TO CERTAIN OTHER BODIES, TO OTHERWISE MAKE PROVISION IN RELATION TO LOCAL GOVERNMENT AND TO PROVIDE FOR RELATED MATTERS. [29th May, 1998]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act, unless the context otherwise requires—

“the Act of 1952” means the Finance (Excise Duties) (Vehicles) Act, 1952 ;

“the Act of 1994” means the Local Government Act, 1994 ;

“the Department” means the Department of the Environment and Local Government;

“driver licence duties” means duties imposed by section 4(1A) (inserted by the Finance Act, 1961 , and amended by the Finance Act, 1989 ) of the Act of 1952, and as chargeable, leviable and payable in accordance with that section;

“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;

“the Fund” has the meaning assigned to it by section 3 ;

“local authority” means—

(a) the council of a county,

(b) the corporation of a county or other borough,

(c) the council of an urban district, and

(d) the commissioners of a town;

“the Local Government (Equalisation) Fund” means the fund established by section 4 of the Local Government (Financial Provisions) Act, 1997 ;

“the Minister” means the Minister for the Environment and Local Government;

“Motor Tax Account” has the meaning assigned to it by the Road Vehicles (Registration and Licensing) Order, 1958 ( S.I. No. 15 of 1958 );

“motor vehicle tax” means the duty imposed by the Act of 1952 in respect of a licence taken out under section 1 of that Act, and as chargeable, leviable and payable in accordance with the provisions of that Act;

“prescribed” means prescribed by regulations made by the Minister under this Act.

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection or paragraph is a reference to a subsection or paragraph 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 enactment is a reference to that enactment as amended, extended or adapted by or under any subsequent enactment (including this Act).

Regulations, orders and directions.

2.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purpose of enabling any provision of this Act to have full effect.

(2) Without prejudice to any other provision of this Act, a regulation or order under this Act may provide for such incidental, consequential, supplementary or transitional provisions as may appear to the Minister to be appropriate for the purposes of this Act or any regulations or order made thereunder.

(3) 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 the purposes of 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 or any other enactment so far as may be necessary or expedient for the purposes aforesaid but no regulations may be made under this subsection in relation to a provision of this Act after the expiration of 2 years from the commencement of that provision.

(4) Regulations or an order made under this Act may—

(a) apply to local authorities generally or to a specified local authority or local authorities,

(b) contain different provisions in relation to different local authorities.

(5) Every regulation or order under this Act (other than an order under section 8 (9) or 15 (4)) 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 or order is passed by either such House within the next 21 days on which that House has sat after the regulation or order has been laid before it, the regulation or order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(6) The Minister may by order amend or revoke an order under this Act (other than an order under section 8 (9) or 15 (4) but including an order under this subsection).

(7) The Minister may give a direction for the purpose of anything mentioned in this Act as being the subject of a direction.

(8) The Minister may give a direction amending or revoking a direction given by him or her under this Act (including a direction under this subsection).

(9) A direction given for the purposes of this Act shall be in writing.

Local Government Fund.

3.—(1) There shall stand established, on the commencement of this section, a fund which shall be known as the Local Government Fund and is in this Act referred to as “the Fund”.

(2) The Minister shall manage and control the Fund.

(3) The Fund shall consist of such accounts as the Minister may determine.

(4) The said accounts shall be in such form and be prepared in such manner as the Minister may determine.

(5) As soon as may be after the end of each financial year, the Minister shall submit the accounts of the Fund to the Comptroller and Auditor General for audit and the Minister shall cause a copy of an abstract of the accounts as so audited together with a copy of the report of the Comptroller and Auditor General thereon to be laid before each House of the Oireachtas.

(6) The Minister shall cause the Local Government (Equalisation) Fund to be wound up with effect from the commencement of this section and all balances remaining to the credit of that fund immediately before such commencement to be paid into the Fund.

Payments into the Fund by Minister.

4.—(1) In this section—

“consumer price index number” means the All Items Consumer Price Index Number compiled by the Central Statistics Office and references to the consumer price index number relevant to any financial year are references to the consumer price index number at such date in that year as is determined by the Minister with the consent of the Minister for Finance;

“current year” means the financial year in which the particular payment into the Fund, under subsection (3), falls to be made.

(2) The Minister...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT