LOCAL GOVERNMENT ACT 2019

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Number 1 of 2019


LOCAL GOVERNMENT ACT 2019


CONTENTS

PART 1

Preliminary and General

1. Short title, commencement and collective citation

2. Interpretation

3. Regulations

4. Order under section 34 of Local Government Act 1991

5. Directions of Minister

6. Expenses

PART 2

Alteration of Cork City and Cork County Boundaries

7. Transfer day

8. Alteration of boundary

9. Transfer of land

10. Delayed transfer of land

11. Other agreements in relation to land situated in relevant area

12. Transfer of property other than land

13. Transfer of rights and liabilities, and continuation of leases, licences and permissions

14. Provisions consequent upon transfer of assets and liabilities to city council

15. Staff transfer plan

16. Transfer of staff

17. Preparation of maps

18. Cork Boundary Alteration Implementation Oversight Committee

19. Implementation plan

20. Arrangements for performance of certain functions

21. Compliance with Act

PART 3

Financial Arrangements consequent upon Cork Boundary Alteration

22. Contribution by county council to city council in respect of 2019

23. Relevant sums for purposes of section 24

24. Annual contribution by city council to county council

25. Other financial arrangements

PART 4

Other Provisions Consequent upon Cork Boundary Alteration

26. Data sharing by Cork local authorities

27. Rating area for local financial year 2019

28. Elections to Cork local authorities in 2019

29. Polling districts and polling places

30. Development plans, etc. relating to relevant area

31. Planning applications and development contribution schemes

32. Continuation of instruments applicable to relevant area

33. Saver for certain acts done before transfer day

34. Outstanding charges

PART 5

Amendment of Enactments Consequent upon Cork Boundary Alteration

35. Amendment of Principal Act

36. Amendment of Local Government Act 1991

37. Making and review of development plans by Cork local authorities

38. Amendment of section 3 of Valuation Act 2001

PART 6

Plebiscites on Direct Election of Mayors

39. Interpretation

40. Plebiscite

41. Regulations

42. Electoral offences

43. Persons entitled to vote at a plebiscite

44. Report to Houses of Oireachtas

45. Costs of holding plebiscites

46. Amendment of Electoral Act 1992

PART 7

Miscellaneous

47. Amendment of section 32 of Official Languages Act 2003

48. Amendment of Building Control Act 2007

SCHEDULE

Cork Boundary Alteration Implementation Oversight Committee


Acts Referred to

Air Pollution Act 1987 (No. 6)

Boundary Survey (Ireland) Act 1854 (6 Geo. 4, c.17)

Building Control Act 1990 (No. 3)

Building Control Act 2007 (No. 21)

Companies Act 2014 (No. 38)

Control of Dogs Act 1986 (No. 32)

Dangerous Substances Act 1972 (No. 10)

Electoral Act 1992 (No. 23)

Environment (Miscellaneous Provisions) Act 2011 (No. 20)

European Parliament Elections Act 1997 (No. 2)

Finance (Local Property Tax) Act 2012 (No. 52)

Fire Services Act 1981 (No. 30)

Housing (Miscellaneous Provisions) Act 1992 (No. 18)

Housing Acts 1966 to 2015

Litter Pollution Act 1997 (No. 12)

Local Government (Business Improvement Districts) Act 2006 (No. 42)

Local Government (Financial Provisions) (No. 2) Act 1983 (No. 21)

Local Government Act 1991 (No. 11)

Local Government Act 2001 (No. 37)

Local Government Acts 1925 to 2016

Local Government Reform Act 2014 (No. 1)

Minimum Notice and Terms of Employment Acts 1973 to 2005

Official Languages Act 2003 (No. 32)

Organisation of Working Time Act 1997 (No. 20)

Planning and Development (Amendment) Act 2018 (No. 16)

Planning and Development Act 2000 (No. 30)

Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)

Protection of Employees (Part-Time Work) Act 2001 (No. 45)

Redundancy Payments Acts 1967 to 2012

Road Traffic Act 1961 (No. 24)

Road Traffic Act 1994 (No. 7)

Unfair Dismissals Acts 1977 to 2007

Valuation (Amendment) Act 2015 (No. 10)

Valuation Act 2001 (No. 13)


Number 1 of 2019


LOCAL GOVERNMENT ACT 2019


An Act to provide for the transfer of part of the administrative area of the council of the county of Cork to the administrative area of the council of the city of Cork; to provide for the holding of plebiscites by certain local authorities on the question as to whether or not the cathaoirligh of those local authorities should be elected to such positions by the electors of the administrative areas of those local authorities and the question as to whether or not certain functions of the chief executives of those local authorities should be transferred to those cathaoirligh; for those and other purposes to amend the Local Government Act 1991 , the Local Government Act 2001 , the Valuation Act 2001 , the Official Languages Act 2003 and certain other enactments; and to provide for matters connected therewith.

[25th January , 2019]

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General

Short title, commencement and collective citation

1. (1) This Act may be cited as the Local Government Act 2019.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) The Local Government Acts 1925 to 2016 and this Act may be cited together as the Local Government Acts 1925 to 2019.

Interpretation

2. In this Act—

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

“Act of 1992” means the Electoral Act 1992 ;

“Act of 2000” means the Planning and Development Act 2000 ;

“administrative area” has the meaning assigned to it by the Principal Act;

“chief executive” means—

(a) in relation to the city council, the chief executive of the city council, and

(b) in relation to the county council, the chief executive of the county council;

“city council” means the council of the city of Cork;

“Cork boundary alteration” means the alteration of the boundary of the city of Cork and the boundary of the county of Cork effected by section 8 ;

“Cork local authorities” means—

(a) the city council, and

(b) the county council;

“county council” means the council of the county of Cork;

“deposited map” means the map (a true copy of which was laid before each House of the Oireachtas on 25 July 2018)—

(a) deposited on behalf of the Minister at the offices of the Department of Housing, Planning and Local Government situated at the Custom House in the city of Dublin, on 25 July 2018 for the purpose of the Cork boundary alteration,

(b) described as having been deposited for that purpose, and

(c) sealed with the official seal of the Minister;

“financial settlement” has the meaning assigned to it by section 25 ;

“implementation plan” has the meaning assigned to it by section 19 ;

“local authority” has the meaning assigned to it by the Principal Act;

“Minister” means the Minister for Housing, Planning and Local Government;

“oversight committee” has the meaning assigned to it by section 18 ;

“Principal Act” means the Local Government Act 2001 ;

“property vesting day” has the meaning assigned to it by subsection (4) of section 12 ;

“relevant area” means the area inside the red line (but not including the red line) and hatched in green on the deposited map;

“staff transfer plan” has the meaning assigned to it by section 15 ;

“transfer day” has the meaning assigned to it by section 7 ;

“true copy” means, in relation to the deposited map, a document that purports to be a reproduction of that map and that is certified by the Minister to be a true copy of that map.

Regulations

3. (1) The Minister may make regulations for the purposes of this Act.

(2) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) (a) 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 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 so far as may be necessary or expedient for carrying such provision into effect for the purposes aforesaid, but no regulations shall be made under this section in relation to any provision of this Act after the expiration of 3 years commencing on the day on which the provision comes into operation.

(b) Where regulations under this subsection are proposed to be made, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving the draft has been passed by each such House.

(4) Every regulation made by the Minister under this Act (other than subsection (3) and section 41 ) 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 is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Order under section 34 of Local Government Act 1991

4. Section 34 of the Act of 1991 shall apply in relation to the Cork boundary alteration as it applies to a...

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