Local Government Act, 2001

Cited as:IR No. 37/2001
Jurisdiction:Ireland


LOCAL GOVERNMENT ACT, 2001

2001 Number 37

AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO LOCAL GOVERNMENT AND, IN PARTICULAR, TO CONSOLIDATE WITH AMENDMENTS CERTAIN ENACTMENTS RELATING GENERALLY TO LOCAL AUTHORITIES.

[21st July 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Preliminary and General

PART 1

Preliminary and General

S-1 Short title and collective citations.

1 Short title and collective citations.

(1) This Act may be cited as the Local Government Act, 2001 .

(2) This Act (other than sections 163, 164 and 211 and Parts 23 and 24) and the Acts referred to in Schedule 1 may be cited together as the Local Government Acts, 1925 to 2001, and shall be read together as one.

(3) Sections 81 and 245 and the Roads Acts, 1993 and 1998, may be cited together as the Roads Acts, 1993 to 2001, and shall be read together as one.

(4) Chapter 5 of Part 9 and the Local Government (Sanitary Services) Acts, 1878 to 1995, may be cited together as the Local Government (Sanitary Services) Acts, 1878 to 2001, and shall be read together as one.

(5) Parts 3, 4 and Chapter 3 of Part 5, section 243 and the Local Elections Acts, 1974 to 1999, may be cited together as the Local Elections Acts, 1974 to 2001, and shall be read together as one.

(6) Part 23 and the Temple Bar Area Renewal and Development Act, 1991 , may be cited together as the Temple Bar Area Renewal and Development Acts, 1991 and 2001, and shall be read together as one.

(7) Sections 2, 5(3) and Schedule 4 (in so far as they relate to the Act of 2000), section 247 and the Act of 2000 may be cited together as the Planning and Development Acts, 2000 and 2001.

S-2 Interpretation generally.

2 Interpretation generally.

(1) In this Act, except where the context otherwise requires—

"Act of 2000" means the Planning and Development Act, 2000 ;

"administrative area" means an area which continues to stand established under section 10 for the purposes of local government and which is—

(a) a county in the case of a county council,

(b) a city in the case of a city council,

(c) a town in the case of a town council;

"annual meeting" means an annual meeting of a local authority as provided for in paragraph 3 of Schedule 10;

"annual report", in the context of a local authority, means a report under section 221 ;

"casual vacancy" shall be read in accordance with section 19 (1);

"Cathaoirleach" has the meaning given to it by section 31 ;

"city council" means a local authority to which section 11 (3)(b) relates;

"city development board" has the meaning given by section 129 ;

"committee" means a committee of a local authority established under Part 7;

"corporate plan" has the meaning given to it by section 134 ;

"corporate policy group" means a committee established under section 133 (1);

"county council" means a local authority to which section 11 (3)(a) relates;

"county development board" has the meaning given by section 129 ;

"direct election" has the meaning given to it by section 40 ;

"direction" means a direction in writing given by—

(a) the Minister under this Act, or

(b) an appropriate Minister under Chapter 4 of Part 14;

"Director of Audit" means a person appointed under section 116 ;

"elected council" means the members of the local authority concerned and shall be read in accordance with section 11 (5);

"election year" means a year in which a local election is held;

"enactment" includes a statutory instrument within the meaning given by section 3 of the Interpretation Act, 1937 ;

"establishment day" means the day appointed by the Minister by order under section 9 to be the establishment day for the purposes of this Act;

"excluded day" means a day which is a Saturday, Sunday or public holiday (within the meaning given by the Organisation of Working Time Act, 1997 ) or any other day on which the principal offices of the local authority concerned are closed;

"executive function" shall be read in accordance with section 149 ;

"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 body" means—

(a) a joint library committee,

(b) a joint drainage board,

(c) a joint drainage committee,

(d) a joint burial board,

(e) a joint burial committee,

(f) a joint committee to which section 52 (5) applies, or

(g) such other body as may be prescribed by regulations made by the Minister under section 144 (7);

"joint committee" means a joint committee established under Part 7;

"land" has the meaning given to it by the Act of 2000;

"Leas-Chathaoirleach" has the meaning given to it by section 31 ;

"local authority" means—

(a) a county council,

(b) a city council,

(c) a town council;

"local authority budget" means a budget adopted under section 103 (7) and "budget", in relation to a local authority, shall be read accordingly;

"local authority budget meeting" has the meaning given to it by section 103 ;

"local community" means persons ordinarily resident in the administrative area of the local authority concerned and, where relevant as regards a function of the authority, includes persons from outside that area who regularly use facilities of a social, economic, recreational, cultural or other nature provided by the authority;

"local consultative committee" has the meaning given to it by section 21 of the Housing (Traveller Accommodation) Act, 1998 ;

"local election" means an election under Part 4;

"local electoral area" means an area referred to in section 23 by reference to which a local election is held;

"Local Government Commission" has the meaning given to it by Part 11;

"local government elector" means a person entitled to vote at a local election;

"manager" means a manager for the purposes of section 144 ;

"meetings administrator" shall be read in accordance with section 46 ;

"member", in relation to a local authority, includes a Cathaoirleach and Leas-Chathaoirleach;

"Minister" means the Minister for the Environment and Local Government;

"ordinary day of retirement" has the meaning given to it by section 17 ;

"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, 1946 ,

(d) (i) a health board,

(ii) the Eastern Regional Health Authority, or

(iii) an Area Health Board established under the Health (Eastern Regional Health Authority) Act, 1999 ;

(e) a board or other body (but not including a company under the Companies Acts, 1963 to 1999) established by or under statute,

(f) a company under the Companies Acts, 1963 to 1999, in which all the shares are held—

(i) by or on behalf of a Minister of the Government,

(ii) by directors appointed by a Minister of the Government, or

(iii) by a board, company or other body referred to in paragraph (e) or subparagraph (i) or (ii),

(g) such other body as may be prescribed by regulations made by the Minister for the purposes of any provision of this Act;

"public local inquiry" means an inquiry held under Part 20 and "inquiry" shall be read accordingly;

"public notice", in the context of a local authority, means a notice published in at least one newspaper circulating in the local authority's administrative area;

"rating authority" means—

(a) a county council,

(b) a city council, or

(c) a town council referred to in Part 1 of Schedule 6;

"register of electors" has the meaning given to it by section 24 (1);

"reserved function" shall be read in accordance with section 131 ;

"standing orders", in the context of a local authority, has the meaning given by paragraph 16(1) of Schedule 10;

"strategic policy committee" has the meaning given by section 48 ;

"structure" means any building, erection, structure (including a movable structure), excavation, or other thing constructed, erected, made or placed on, in or under any land, or any part of a structure so defined and, where the context so admits, includes the land on, in or under which the structure is situated;

"town council" shall be construed in accordance with section 11 (4)(b).

(2) In this Act a reference to the total number of members of a local authority shall be read as the number of members of the local authority concerned as determined by section 21 .

(3) In this Act a reference to local government areas or to the administrative area of a local authority does not include an area added for local electoral purposes only under section 17 of the Local Government Act, 1994 .

(4) In this Act a reference to a person being disqualified from election or co-option to a local authority shall be read as including a disqualification from nomination for election or co-option to a local authority.

(5) In this Act, except where the context otherwise requires, a reference to social inclusion or its promotion shall be read as including a reference to any policy, objective, measure or activity designed to counteract poverty or other social deprivation or to facilitate greater participation by marginalised groups in the social, economic and cultural life of the local community.

(6) In this Act, except where the context otherwise requires—

(a) a reference to a section, Chapter, Part or Schedule is a reference to a section, Chapter or Part of, or Schedule to, this Act, as the case may be, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph, subparagraph, clause or subclause is to the subsection, paragraph, subparagraph, clause or subclause of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(7) In this Act, a reference to any enactment shall be read as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment, including this Act.

S-3 Construction of enactments.

3 Construction of enactments.

(1) Every enactment (including any provision contained...

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