PART V

Local Authority Boundary Alteration

27. —In this Part—

“boundary committee” means a committee established under section 28 (1);

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

“proposal”, “amended proposal”, “proposer” and “respondent” shall be construed in accordance with section 29 ;

“statement of response” shall be construed in accordance with section 29 (3).

28. —(1) The Minister may establish one or more committees which or each of which shall be known by the title assigned to it by the Minister and is referred to in this Part as a “boundary committee”.

(2) A boundary committee shall stand dissolved on the expiration of such period as may be specified by the Minister at the time he establishes it.

(3) A boundary committee shall be independent in the performance of its functions.

(4) (a) A boundary committee shall consist of such number of members, not being less than 3 or more than 5, as the Minister may determine.

(b) The members of a boundary committee shall be appointed by the Minister.

(c) A person appointed to be a member of a boundary committee shall hold office as such member for such period as may be specified by the Minister at the time of the appointment.

(d) A person who is for the time being—

(i) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(ii) a member of the European Parliament, or

(iii) a member of a local authority,

shall, while he is so entitled or is such a member, be disqualified for becoming a member of a boundary committee.

(e) Where a member of a boundary committee—

(i) is nominated as a member of Seanad Éireann or elected as a member of either House of the Oireachtas,

(ii) is elected as a member of the European Parliament or is regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to such Parliament to fill a vacancy, or

(iii) becomes a member of a local authority,

he shall thereupon cease to be a member of the committee.

(f) A member of a boundary committee shall not take part in the preparation of a report under section 33 —

(i) with respect to the boundary of the functional area of a local authority if he is an officer of that authority, or

(ii) with respect to the boundary of a functional area of a local authority situated within an administrative county if he is an officer of the council of that county.

(g) The Minister shall appoint one member of a boundary committee to act as chairman of the committee.

(h) A member of a boundary committee may at any time resign from office by letter addressed to the Minister.

(i) Where a casual vacancy occurs among the members of a boundary committee, the Minister may appoint a person to fill such vacancy.

(j) The Minister may remove from office a member of a boundary committee if, in the opinion of the Minister, he has become incapable through ill health of effectively performing his duties or has committed stated misbehaviour or his removal appears to the Minister to be necessary or desirable for the effective performance by the committee of its functions.

(k) A person may be re-appointed to be a member of a boundary committee.

(5) A member of a boundary committee may be paid out of monies at the disposal of the Minister, such remuneration (if any) and allowances for expenses incurred by him as the Minister, with the consent of the Minister for Finance, may determine.

(6) (a) The Minister may supply to a boundary committee, on such terms or conditions as he may specify, any services, including services of staff, required by the committee for the performance of any of its functions.

(b) A local authority or a public authority may supply to a boundary committee, on such terms and conditions as may be agreed upon by the authority and the committee, any services, including services of staff, required by the committee for the performance of any of its functions.

29. —(1) (a) A council of a county or a corporation of a county borough may, by resolution, propose that the boundary of the county or county borough be altered in accordance with the provisions of this Part.

(b) A corporation of a borough other than a county borough, a council of an urban district or the commissioners of a town may, by resolution, propose that the boundary of the borough, urban district or town be altered in accordance with the provisions of this Part and a council of a county may by resolution, make such a proposal in relation to any borough, urban district or town situate in such county.

(c) A local authority which makes such a proposal as aforesaid and a proposal so made are referred to in this Part, respectively, as a “proposer” and a “proposal”.

(d) A proposal shall specify the alteration to which it relates by reference to a map.

(2) A proposer shall—

(a) furnish a copy of the proposal to each local authority whose boundary is affected by the proposal and such other local authorities as may be prescribed and each authority so affected by a proposal is referred to in this Part as a “respondent”,

(b) publish notice of the proposal in the prescribed form giving details of the proposal and inviting submissions with regard thereto from any person concerned within such period as shall be specified in the notice,

(c) otherwise inform such persons as may be prescribed of the proposal.

(3) (a) Each respondent shall consider the proposal and shall not later than 6 months from the receipt by it of a copy of the proposal, or such longer period as may be agreed upon by the proposer and the respondent, make a statement of its response to the proposal (referred to in this Part as a “statement of response”) and furnish a copy thereof to the proposer.

(b) The making of a statement of response shall be a reserved function.

(4) A proposer may, following consideration by it of any statement of response or submission referred to in subsection (2) that it receives within the period specified in that behalf, by resolution, amend the proposal in such manner as it thinks fit and a proposal so amended is referred to in this Part as an “amended proposal”.

(5) (a) Upon the expiration, in relation to a proposal, of the periods referred to in subsections (2) (b) and (3) (a), a proposer may apply to the Minister for the making of an order under section 31 (1) altering the boundary to which the proposal or the amended proposal (as the case may be) concerned relates in accordance with the terms of the proposal or the amended proposal.

(b) A decision to make such an application as aforesaid shall be a reserved function.

30. —(1) A proposal, a statement of response and any amended proposal shall set out—

(a) the financial and other implications of the proposal (or the amended proposal, as the case may be), and

(b) the adjustments in relation to financial and administrative matters to be made between the proposer and each respondent concerned in consequence of the alteration of the boundary concerned.

(2) (a) A proposer shall furnish to each respondent and such other persons as may be prescribed a copy of the application made by it under section 29 (5).

(b) A proposal, a statement of response, an amended proposal and an application under section 29 (5) shall comply with such requirements as may be prescribed.

(c) The Minister may prescribe any matter of procedure or any other requirement which he considers necessary for the satisfactory operation of this section or section 29 .

(3) A local authority part of whose functional area adjoins an administrative county other than that in which the said functional area is situate may, by resolution, request the council of the county in which it is situate to make a proposal under section 29 (1) and the said council shall consider any such request.

31. —(1) (a) Subject to the provisions of this section, the Minister may, on application being made to him in that behalf by a proposer under section 29 (5), by order alter the boundary of any county, county or other borough, urban district or town to which the application relates if he considers that an alteration ought to be made in the interests of effective and convenient local government.

(b) An order under this subsection may alter the boundary concerned otherwise than in accordance with the terms of the proposal or the amended proposal (as the case may be) the subject of the application.

(2) (a) In any case where a respondent in its statement of response to the proposal, the subject of the application, has disagreed in a material respect with the terms thereof, the Minister shall, unless he considers it inappropriate to do so, or, in any other case, may, request a boundary committee to prepare a report under section 33 with respect to the boundary of the local authority concerned.

(b) The Minister shall have regard to the report of the boundary committee in deciding whether to make an order under subsection (1) in respect of the boundary concerned.

(3) (a) The Minister may, subject to paragraph (b), by order alter the boundary of any county, county or other borough, committee district, urban district or town where he considers such an alteration ought to be made in the interests of effective and convenient local government.

(b) Before deciding whether to make such an order as aforesaid, the Minister shall request a boundary committee to prepare a report under section 33 with respect to the boundary of the local authority concerned and the Minister shall have regard to the report in deciding whether to make the order.

32. —(1) The Minister may request a boundary committee—

(a) to prepare a report under section 33 with respect to the boundary of any administrative or geographical district or other division based on a local government boundary and used for any purpose of public administration connected with or related to local government or any such district or other division which it is proposed to establish, or

(b) to prepare a report with respect to any matter relating to local government that the Minister specifies.

(2) Before deciding whether to make an order under section 12 , or section 33 or 35 of the Local Government Act, 1941 , in relation to a local electoral boundary, the Minister shall request a boundary committee to prepare a report under section 33 with respect to the boundary and the Minister shall have regard to the report in deciding whether to make the order.

33. —(1) Subject to the provisions of this section a boundary committee shall, if requested to do so by the Minister under subsection (2) or (3) of section 31 or subsection (1) (a) or (2) of section 32 —

(a) review the boundary to which the request relates and, in the case of a request by the Minister under subsection (2) of section 31 , the terms of the proposal or the amended proposal (as the case may be) with respect thereto, and

(b) make such recommendations with respect to the boundary that it considers to be necessary in the interests of effective and convenient local government,

and shall prepare and furnish to the Minister a report in writing of that review and its recommendations and the Minister shall publish the report.

(2) The Minister may include in a request as aforesaid a requirement that the boundary committee is to have regard to such considerations or matters in preparing its report as he specifies in the request and the committee shall comply with any such requirement.

(3) A report under this section shall include, where the Minister so specifies in a request as aforesaid, a review by, and the recommendations of, the boundary committee in relation to such matters specified in the request as may be consequential on or otherwise related to any alteration of the boundary recommended in the report.

(4) In preparing a report under this section a boundary committee shall—

(a) consult any local authority concerned, and

(b) where the report relates to a boundary of a county or a county borough publish a notice stating that a report is being prepared under this section in relation to a specified boundary inviting submissions from any person concerned,

and shall have regard to any such consultations and submissions made by any such person.

(5) A boundary committee may, for the purposes of a report by it under this section, by notice in writing, request any local authority to furnish to it such information (including documents) as it may reasonably require within such period as shall be specified in the notice and the local authority shall comply with the request.

(6) (a) A boundary committee shall have an absolute discretion to hold an oral hearing in relation to a report by it under this section and the hearing may be conducted by one or more members of the boundary committee or by a person appointed by the committee for that purpose.

(b) The member or members of a boundary committee or other person appointed to conduct an oral hearing under paragraph (a) shall make a report in writing on the hearing to the boundary committee and shall include in the report such recommendations as are considered appropriate with respect to the boundary concerned.

(c) The boundary committee shall consider a report made to it under paragraph (b) before deciding on the recommendations that it will make with respect to the boundary concerned.

(d) The Minister may make regulations in relation to the conduct of an oral hearing as aforesaid, the procedures at such a hearing and the attendance by local authorities and other persons at such a hearing.

34. —(1) in this section—

“authority concerned” means a local authority whose boundary is affected by a primary order;

“primary order” means an order under subsection (1) or (3) of section 31 ;

“relevant area” means the portion of the functional area of one local authority (or any part of that portion) which by virtue of a primary order becomes part of the functional area of another local authority;

“supplementary order” means an order made under subsection (2).

(2) The Minister or any other Minister of the Government, with the consent of the Minister, may by order make such provision as he considers necessary or expedient in relation to any matter whatsoever arising from, in consequence of, or otherwise related to, the boundary alteration effected by a primary order and any provision so made shall, notwithstanding the provisions of any other enactment, apply and have effect accordingly.

(3) A supplementary order made by a Minister of the Government, other than the Minister, may only make provision with respect to matters in relation to which functions stand conferred on that Minister of the Government.

(4) A supplementary order may, if the order so provides, have retrospective effect.

(5) Without prejudice to the generality of subsection (2), a supplementary order may make provision for all or any of the following matters—

(a) the functions of any authority concerned in relation to a relevant area,

(b) the inclusion of a relevant area, in any local electoral area or any administrative or geographical district or other division used for any purpose of public administration,

(c) the application or non-application of any enactment to a relevant area,

(d) the continuance of legal proceedings commenced by or against any authority concerned before the making of the primary order concerned where such proceedings relate to any matter, right, duty or liability arising, accrued or incurred in, or relating to, any relevant area,

(e) such modifications, adaptation or amendment of any enactment as may be necessary for the purposes of the primary order,

(f) subject to subsection (8), an adjustment between any authorities concerned (which may include provision for the payment of money, by a single payment or in two or more instalments, by one or more authorities concerned to any other authority or authorities concerned) in relation to all or any of the following:

(i) any net loss of revenue, actual or prospective, which is or may be incurred by any authority concerned in consequence of the primary order,

(ii) property whether real or personal (including choses-in-action), vested in or belonging to or held in trust for any authority concerned and wholly or partly situate in or relating to any relevant area,

(iii) debts (including mortgage debts), charges created by statute and other liabilities (including unliquidated amounts, unliquidated damages arising from torts or breaches of contract and accruing or prospective liabilities), due and unpaid, or incurred and undischarged, and relating wholly or in part to any relevant area,

(iv) agreements or arrangements between any authorities concerned with respect to financial matters,

(v) alteration for specified purposes in the areas of charge provided for in section 10 of the Local Government Act, 1946 ,

(vi) rates and charges due and payable or accruing due,

(vii) the assessment and levying of rates and charges in any relevant area (including the temporary reduction of valuations and the making of abatements),

and for giving effect to any matter referred to in subparagraph (v), (vi) or (vii),

(g) the transfer of officers or servants of an authority or authorities concerned to any other authority or authorities concerned,

(h) the enabling of provision to be made in respect of any matter referred to in paragraph (f) (where provision in respect thereof is not otherwise made by a supplementary order) by agreement between the authorities concerned or in the event of a failure by the authorities concerned to reach agreement, in such manner as may be specified in the order,

(i) the preparation of official maps showing the boundary of any relevant area and the evidential value of such maps,

(j) transitional matters relating to any development plan (within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1990) insofar as it relates to any relevant area,

(k) the continuance of any thing done, or treated by virtue of any enactment as having been done, by, to or in relation to, any authority concerned in relation to any relevant area,

(l) the register of electors and polling districts to be used at any election of councillors for any local electoral area,

(m) the continuance in office of members of any authority concerned,

(n) the alteration of the number of members of the council of a county or the council of a county borough consequent upon the making of a primary order,

(o) any other matter which appears to be necessary or proper for bringing into operation and giving full effect to the primary order.

(6) In subsection (5) (k) “thing” includes the following—

(i) any written agreement or other instrument in writing or any determination or declaration made by, or on behalf of, or treated as having been made by or on behalf of any authority concerned,

(ii) any direction given, or treated as having been given, by or to any authority concerned,

(iii) any licence, certificate, permission, consent, approval, exemption or relaxation granted or given, or treated as having been granted or given, by or to any authority concerned,

(iv) any application, proposal or objection made, or treated as having been made, by or to any authority concerned,

(v) any condition or requirement imposed, or treated as having been imposed, by or on an authority concerned.

(7) An adjustment under paragraph (f) of subsection (5) or an agreement under paragraph (h) of that subsection may include—

(a) in the case of property referred to in subparagraph (ii) of the said paragraph (f), provision for the retention of the property by any authority concerned or for the transfer thereof to another authority concerned or for the joint user of such property by two or more authorities concerned, and

(b) in the case of a debt or other liability referred to in subparagraph (iii) of the said paragraph, provision for the whole of such debt or liability being borne by any authority concerned or for the apportionment of the liability between two or more authorities concerned.

(8) A supplementary order may not, as respects local authorities of a prescribed class or classes, make provision for such matters specified in subsection (5) (f) as may be prescribed.

(9) Where a boundary alteration is effected by a primary order, any reference in any enactment to a county, county or other borough, committee district, urban district or town, whether to such areas generally or to any particular such area, shall, subject to any provision to the contrary in a supplementary order and unless the context otherwise requires, be construed as a reference to the area of such county, county or other borough, committee district, urban district or town as so altered.

35. —(1) This section applies in relation to a case in respect of the alteration of the boundary of the functional area of a local authority which, before the commencement of section 4 in relation to an enactment, falls to be determined by the Minister pursuant to that enactment.

(2) The Minister may, in relation to a case to which this section applies, determine the case in accordance with the provisions of the enactment concerned notwithstanding the commencement of section 4 in relation to that enactment.