Local Government Act 2019

Cited as:IR No. 1/2019
Jurisdiction:Ireland


Local Government Act 2019

2019 1

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.

[25 January 2019]

Be it enacted by the Oireachtas as follows:

1 Preliminary and General

PART 1

Preliminary and General

S-1 Short title, commencement and collective citation

1 Short title, commencement and collective citation

(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.

S-2 Interpretation

2 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 bysection 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 bysection 25;

“implementation plan” has the meaning assigned to it bysection 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 bysection 18;

“Principal Act” means the Local Government Act 2001;

“property vesting day” has the meaning assigned to it bysubsection (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 bysection 15;

“transfer day” has the meaning assigned to it bysection 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.

S-3 Regulations

3 Regulations

(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.

S-4 Order under section 34 of Local Government Act 1991

4 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 boundary alteration effected by a primary order within the meaning of that section, subject to—

(a) the modification that—

(i) references to authority concerned shall be construed as references to the council of the city of Cork or the council of the county of Cork, as the case may require,

(ii) references to primary order shall be construed as references to this Act, and

(iii) references to relevant area shall be construed as references to relevant area within the meaning of this Act,

and

(b) any other necessary modifications.

S-5 Directions of Minister

5 Directions of Minister

(1) The Minister may give—

(a)

the city council, or

(b)

the county council,

such directions, in relation to the performance of its functions under, or for the purposes of, this Act or in relation to the implementation of the Cork boundary alteration, as the Minister considers appropriate.

(2) The Minister may give the chief executive of the city council or the chief executive of the county council such directions, in relation to—

(a)

the performance of his or her functions under, or for the purposes of, this Act,

(b)

the implementation of the Cork boundary alteration,

as the Minister considers appropriate.

(3) A direction under this section may be given in relation to—

(a)

the performance of any particular function or the performance of functions in general,

(b)

the implementation of the Cork boundary alteration in general or any particular aspect of its implementation, or

(c)

the making of any particular decision or doing of any particular act.

(4) A direction under this section may contain a requirement that, in relation to the Cork boundary alteration—

(a)

a particular act be done or not be done, or

(b)

a particular act be done in such manner or subject to such conditions as may be specified in the direction.

(5) A person to whom a direction is given under this section shall comply with that direction.

S-6 Expenses

6 Expenses

6. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

2 Alteration of Cork City and Cork County Boundaries

PART 2

Alteration of Cork City and Cork County Boundaries

S-7 Transfer day

7 Transfer day

7. The Minister shall, by order, appoint a day to be the transfer day for the purposes of this Act.

S-8 Alteration of boundary

8 Alteration of boundary

8. Subject to section 27, the relevant area shall—

(a) on the transfer day, cease to be part of the administrative area of the county council, and

(b) from that day, be part of the administrative area of the city council.

S-9 Transfer of land

9 Transfer of land

(1) On the transfer day and subject to sections 10 and 11, all lands situated in the relevant area that, immediately before the transfer day, were vested in the county council and all rights, powers and privileges relating to or connected with such lands shall, without any conveyance or assignment, stand vested in the city council for all the estate or interest therein that, immediately before the transfer day, was vested in the county council, but subject to all trusts and equities affecting the lands continuing to subsist and being capable of being performed.

(2) On the transfer day all choses-in-action relating to land vested in the city council under subsection (1), that immediately before that day, were vested in the county council shall stand vested in the city council without any assignment.

(3) Every chose-in-action vested in the city council by virtue of subsection (2) may, on and after the transfer day, be sued on, recovered or enforced by the city council in its own name, and it shall not be necessary for the city council or the county council to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.

(4) All functions of the county council connected with any land standing vested in the city council under subsection (1) shall, from the transfer day and in relation to such land, be performable by or on behalf of the city council only.

S-10 Delayed transfer of land

10 Delayed transfer of land

(1) The city council and the county council may, before the transfer day, make an agreement providing for the continued vesting, for such...

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