PART VII

Miscellaneous

41. —(1) It shall be a general function of the members of a local authority to determine by resolution the policy of the local authority in accordance with and subject to the provisions of the enactments relating to that authority.

(2) The Minister may by order declare that a specified function or specified functions of local authorities shall be performed by resolution of the members of the authorities.

(3) Whenever and for so long as an order under this section providing for the performance of functions of a local authority by resolution of the members of the authority is in force, the function shall be so performed and it shall be a reserved function of the authority for the purposes of—

(a) in case the authority is the corporation of a county borough, the Acts relating to its management, and

(b) in any other case, the County Management Acts, 1940 to 1988,

and references in the Acts relating to the management of county boroughs to orders requiring functions of councils of county boroughs to be performed directly by the councils shall be construed as including references to orders under this section and orders under section 3 (7) by which provision is made for the performance of functions of a local authority by resolution of the members of the authority.

(4) In this section—

“functions” does not include a function relating to the officers or servants of a local authority or the control, supervision, service, remuneration, privileges or superannuation of such officers or servants or any of them;

“local authority” has the meaning assigned to it by the City and County Management (Amendment) Act, 1955 .

(5) Notwithstanding section 4 , any order under section 8 of the Cork City Management Act, 1929 , section 51 of the Local Government (Dublin) Act, 1930 , section 12 of the Limerick City Management Act, 1934 , section 11 of the Waterford City Management Act, 1939 , or section 16 of the County Management Act, 1940 , in force immediately before the commencement of section 4 (in so far as it relates to the section under which the order was made) shall continue in force after such commencement as if made under this section and may be amended or revoked accordingly.

42. —(1) A local authority may pay an allowance for reasonable expenses to the chairman of the authority.

(2) A decision to pay an allowance under subsection (1) and the determination of the amount thereof shall be a reserved function.

(3) A copy of every resolution adopted by a local authority under this section shall be furnished to the Minister.

(4) The Minister may, after consultation with the Minister for Finance, issue directions to local authorities or specified classes of local authorities for the purposes of this section and, without prejudice to the foregoing, such directions may specify the maximum amounts of the allowances payable under this section, including different such amounts for different classes of local authorities.

(5) In this section “the chairman”, in relation to a local authority, includes, in the case of a borough, the lord mayor or the mayor of such authority.

43. —(1) For the purpose of promoting the co-ordination in different areas of the State of the provision of public services the Minister may, by order, made with the consent of the Minister for Finance (in this section referred to as “an establishment order”)—

(a) declare that an area consisting of specified counties or county boroughs shall constitute a region, and

(b) establish in respect of the region, a body (in this section referred to as “a regional authority”) the membership of which shall consist of persons who are members of a council of a county or county borough the functional area of which is included in that region, to perform in the region such functions in relation to the co-ordination of the provision of public services in the region as are conferred on it by or under this section.

(2) (a) A regional authority shall be called and known by such title as may be specified in the establishment order concerned.

(b) A regional authority shall be a body corporate with perpetual succession and an official seal and with power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land.

(c) Judicial notice shall be taken of the seal of a regional authority and every document purporting to be an order or other instrument made by that authority and to be sealed with its seal (purporting to be authenticated in the manner provided by the establishment order) shall be received in evidence and be deemed to be such order or instrument without further proof unless the contrary is shown.

(3) An establishment order shall require a regional authority thereby established to provide itself with an official seal and shall contain such provisions as the Minister considers appropriate in relation to the membership of the authority (including provisions in relation to the number of members of the authority, the method, terms and conditions of their appointment and their tenure of office).

(4) (a) An establishment order or an order amending or revoking an establishment order may contain such other provisions as the Minister considers necessary arising from, by reason of, for the purposes of, or to give full effect to, a declaration under subsection (1) or to the establishment or dissolution of a regional authority and such an order may contain provisions relating to any matter whatsoever arising in relation to such declaration, establishment or dissolution or in relation to the functions of the regional authority concerned.

(b) Without prejudice to the generality of paragraph (a), an order referred to in that paragraph may provide in respect of a regional authority established by the establishment order, for all or any of the following matters:

(i) the conferral of functions on the authority in relation to the co-ordination of the provision of public services or specified public services in the region of the authority,

(ii) the administration generally and the finances generally of the authority,

(iii) the meetings of the authority, and the procedure at such meetings,

(iv) the use and authentication of the seal of the authority,

(v) the payment of grants by the Minister of such amounts as may be sanctioned by the Minister for Finance, out of moneys provided by the Oireachtas, towards the expenses of the authority,

(vi) the payment to the authority by the local authorities who, as respects the authority are local authorities referred to in subsection (1) (b) or by other specified public authorities, in such manner as may be specified, of all or part of the expenses and expenditure of the authority,

(vii) the furnishing from time to time by the authority to the Minister or to specified local authorities or other specified public authorities of information in relation to the performance of its functions and the furnishing of such information to the Minister whenever he so requests,

(viii) the making by the authority of arrangements with other public authorities for the use by it of premises or equipment of those authorities or for the use by the authority of the services of officers and servants of those authorities,

(ix) matters to which the authority shall have regard in the performance of its functions,

(x) the giving of directions by the Minister to the authority in relation to the performance of its functions,

(xi) the dissolution of the authority,

(xii) any other matter in relation to which the Minister considers that provision should be made in order to enable the authority to perform its functions effectively or, as respects its dissolution.

(5) An establishment order or an order referred to in subsection (4) (a) may apply to a regional authority established by the establishment order, with any necessary modifications or adaptations, all or any of the provisions of or made under any enactment relating to local authorities.

44. —(1) Notwithstanding anything in section 4 of the City and County Management (Amendment) Act, 1955 —

(a) the notice specified in subsection (2) of that section shall, in the case of a resolution under that section relating to a planning function, be signed—

(i) if the land concerned is situated in a single local electoral area, by not less than three members of the local authority concerned, being members consisting of or including not less than three-quarters of the total number of the members who stand elected to the authority for that area (fractions being disregarded), and

(ii) if the land concerned is situated in more than one local electoral area, by not less than three-quarters, as respects each such area, of the total number of the members of the authority who stand elected for that area (fractions being disregarded),

and

(b) it shall be necessary for the passing of a resolution under that section relating to a planning function that the number of the members of the local authority concerned voting in favour of the resolution is not less than three-quarters of the total number of members of the authority (fractions being disregarded).

(2) In this section “a planning function” means a function of a planning authority (within the meaning of the Local Government (Planning and Development) Act, 1963 ) with respect to—

(a) a decision of such an authority made under or pursuant to Part IV of that Act—

(i) on an application for permission or approval for the development of land, or

(ii) pursuant to a condition attached to a permission or approval granted under that Part,

or

(b) a decision under section 4 of the Local Government (Planning and Development) Act, 1982.

45. — Section 26 of the Local Government (Planning and Development) Act, 1963 , is hereby amended by the substitution in subsection (3) (b) (inserted by the Local Government (Planning and Development) Act, 1976 ) of “is not less than three-quarters of the total number of the members of the planning authority (fractions being disregarded)” for “exceeds one-third of the total number of the members of the planning authority”.

46. —(1) A local authority may incur reasonable expenditure for or in connection with the provision of receptions and entertainment for, and the making of presentations—

(a) to distinguished persons, and

(b) in connection with the holding of special events relevant to its functions.

(2) A decision to incur expenditure under subsection (1) shall be a reserved function.

(3) The Minister may, after consultation with the Minister for Finance, issue directions for the purposes of this section to local authorities or specified classes of local authorities and, without prejudice to the generality of the foregoing, such directions may specify the maximum amounts which may be expended under this section in respect of specified periods or in respect of particular classes of events.

(4) Particulars in relation to the performance of its functions by a local authority in any local financial year under this section shall be recorded in the report of the authority for that year.

47. —(1) Notwithstanding any other enactment or instrument made thereunder, a person who is appointed to an office of manager after the commencement of this section or to an office established by section 21 shall unless he earlier dies, resigns or is removed from office, hold the office during whichever of the following periods is the shorter and on the expiration of that period shall cease to hold the office, that is to say:

(a) a period of such length as the Minister specifies by order,

(b) the period from the date of the appointment to the date on which he attains such age as the Minister specifies by order,

and without prejudice to the generality of the foregoing, the Minister may by order make such provisions as he considers appropriate in relation to the periods specified in paragraphs (a) and (b) in relation to officers of local authorities holding office on the commencement of this section by reference to the age of such officers.

(2) For the purpose of this section, a period served in an office of county manager referred to in section 22 by a person appointed to such office by virtue of that section shall be deemed to include the period served by that person in the office established by section 21 held by that person immediately before his appointment to such office of county manager.

48. —(1) A local authority may confer a civic honour on a distinguished person in such manner as it may determine including the admission of the person to the honourary freedom of its functional area and may establish and maintain a roll in which to enter the names of persons so honoured.

(2) The decision of a local authority to confer a civic honour on a person shall be a reserved function.

(3) The repeal by this Act of the Municipal Privileges (Ireland) Act, 1876, shall not have effect as respects any person in relation to whom the power conferred by section 11 of that Act has been exercised.

49. —(1) A local authority may enter into arrangements for the twinning of its functional area or a part thereof or establish other similar links with any other area, whether within or outside the State.

(2) The decision to enter into an arrangement under subsection (1) shall be a reserved function.

(3) A local authority shall not enter into an arrangement under subsection (1) unless, having had regard to the matters specified hereunder, they are satisfied that the arrangement is justified, the matters aforesaid being—

(a) the ensuing benefits likely to accrue to its functional area and the local community,

(b) the social, cultural and general interests of its functional area and the local community,

(c) the ensuing cost.

(4) The Minister may issue directions to local authorities or specified classes of local authorities for the purposes of this section.

(5) There shall be recorded in the report of a local authority for any year particulars in relation to the performance of its functions by the local authority under this section for that year.

50. —(1) A local authority shall, not later than the 30th day of June in each year, prepare and adopt a report (which shall be known as the annual report of the local authority and is referred to in this Act as “a report”) in relation to the performance of its functions during the preceding year and shall as soon as may be furnish a copy of the report to each member of the authority and to such other (if any) persons as may be prescribed.

(2) A report of a local authority shall include the following:

(a) particulars of the policies, programmes, services and other activities undertaken by the local authority,

(b) such particulars as are required by any other provision of this or of any other enactment to be included in the report,

(c) particulars in relation to any Acts adopted or orders, regulations, bye-laws, rules or other instruments made under statute by resolution of the members of the authority during the year to which the report relates,

(d) such other particulars (including financial statements) as the local authority may determine or as may be directed by the Minister.

(3) The adoption by a local authority of its report shall be a reserved function.

(4) Copies of the report of a local authority shall be made available at the principal office of the authority during normal office hours for inspection by members of the public or for purchase by such members at such price as may be determined by the authority and a local authority shall give public notice of the date as on and from which a report will be so made available.

(5) In this section “local authority” means a council of a county or a corporation of a county borough.

51. —(1) A local authority may, subject to and in accordance with regulations under subsection (3), make payments to its members in respect of expenses reasonably incurred by the members in relation to—

(a) attendance at a meeting of the authority or of a committee or joint committee of which they are members,

(b) attendance, authorised by the authority, at a meeting of a prescribed association of local authorities of which the authority is a member,

(c) attendance, authorised by the authority, at a conference, seminar or other meeting or event at which the authority is, pursuant to subsection (2), entitled to be represented,

(d) visits, authorised by the authority, to an area with which any part of the functional area of the authority is twinned pursuant to section 49 ,

(e) any prescribed matter.

(2) (a) A local authority may, subject to the provisions of this section, authorise one or more of its members to represent it at a conference, seminar or other meeting or event held, whether within or outside the State, for the purpose of discussing or imparting information regarding or connected with any matter that is of concern to the authority in relation to the performance of its functions and is relevant to its functional area and local community.

(b) A local authority shall not give an authorisation under paragraph (a) unless, having had regard to the matters specified hereunder, they are satisfied that the authorisation is justified, the matters aforesaid being—

(i) the ensuing benefits likely to accrue,

(ii) the general interests of its functional area and the local community,

(iii) the ensuing cost.

(3) The Minister may, after consultation with the Minister for Finance, make regulations for the purpose of this section and, without prejudice to the generality of the foregoing, the regulations may provide for any or all of the following matters:

(a) payments to members of local authorities in respect of reasonable expenses incurred by them in relation to each attendance at a meeting of the authority, committee or joint committee concerned or in relation to a specified maximum number of such meetings or payment of a composite annual sum in respect of all such attendances,

(b) payments to members of local authorities in respect of reasonable expenses incurred by them in relation to attendance authorised by the authorities concerned at such meetings or events as aforesaid or visits aforesaid so authorised,

(c) the maximum number of representatives of a local authority or the maximum combined numbers of representatives of local authorities generally or of a particular class or classes of local authorities at such meetings or events or visits as aforesaid,

(d) the determination by the Minister or another specified person—

(i) whether and, if so, to what extent local authorities generally or of a particular class or classes, and

(ii) of the particular local authorities which,

should be represented at such meetings or events as aforesaid generally or specified such meetings or events or a specified class or classes of such meetings or events and of the number of members who may represent individual local authorities at such meetings or events,

(e) conditions and restrictions in relation to the making of payments under this subsection,

(f) any other matters which appear to the Minister to be necessary or expedient for the purposes of this section.

(4) A decision to authorise an attendance or visit referred to in paragraph (b), (c) or (d) of subsection (1) shall be a reserved function.

(5) In this section “member”, in relation to a local authority, includes a member of a committee or joint committee of the authority.

(6) There shall be recorded in the report of a local authority for any year separate particulars in relation to payments made in respect of the matter specified in each paragraph of subsection (1) in that year.

52. —(1) Where—

(a) the performance of a function by a local authority or an officer of a local authority is, by any enactment, made subject—

(i) to notification of or consultation with, or

(ii) to the approval or consent of or confirmation by,

the Minister or to compliance with any other requirement that is of a similar kind and confers a function on the Minister that is similar to those conferred on him by the requirements specified in paragraphs (i) and (ii),

and

(b) the Minister is satisfied that the requirement has become unnecessary and that the function would be properly performed without compliance with the requirement,

he may, by regulations, provide that the function may be performed in all cases or in specified cases without compliance with the requirement but subject to compliance with such conditions (if any) as may be specified and, whenever regulations so providing are in force, the function concerned may be performed without compliance with the requirement concerned but in accordance with the provisions of the regulations.

(2) Where it appears to the Minister—

(a) to be necessary or expedient for the purpose of remedying an inconsistency between a provision of an enactment and this Act, or

(b) to be necessary or expedient for the purpose of enabling such a provision to have effect in conformity with this Act,

the Minister may in relation to such a provision by regulations provide for—

(i) its application with any modification or adaptation specified in the regulations,

(ii) its amendment otherwise or its repeal, revocation or termination.

(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 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 shall 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.

53. — Section 17 of the Local Authorities (Combined Purchasing) Act, 1939 , is hereby amended by the substitution of the following subsections for subsections (2) and (3)—

“(2) The Minister may, if he so thinks fit, in respect of a local financial year by order certify the sum which, during that year, was expended out of monies provided under subsection (1) of this section in carrying this Act into effect and, if he does so, the order shall assess that sum on the counties and county boroughs in proportion to the annual value under the Valuation Acts of the property rateable for the county rate or the municipal rate, as may be appropriate, in the counties and county boroughs and copies of the order shall be sent to the council of every county and county borough.

(3) Where an order is made under this section, the council of every county and county borough shall pay the amount assessed by the order on such county or county borough to the Minister and shall raise the amount so to be paid, in the case of a county, by means of the county rate as a county-at-large charge or in the case of a county borough, by means of the municipal rate.”.

54. —The Local Government Act, 1941 , is hereby amended—

(a) by the insertion of the following section after section 35:

“35A. Where it is proposed to make an order under section 33 or 35, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.”, and

(b) in section 83, by the substitution in subsection (2) of the following for the part of the subsection preceding paragraph (a):

“The Minister may, if he so thinks fit, certify the amount of the costs of an inquiry caused by him to be held under this or any other Act and, if he does so, he shall include in the certificate a direction for the payment to him of the costs so certified—”.

55. —(1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) Expenses under this Act of a local authority that is the council of a county shall, save as may be otherwise prescribed, be charged on the county (exclusive of any borough or urban district therein).

(3) In each local financial year the amounts estimated as necessary to meet the expenses and provide for the liabilities and requirements of a local authority during the following financial year under sections 5 , 6 , 42 , 46 , 49 and 51 shall be shown separately in the prescribed form within the meaning of section 9 of the City and County Management (Amendment) Act, 1955 .