Local Government Act, 1991

Local Government Act, 1991 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1991 Local Government Act, 1991 Local Government Act, 1991 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 11 of 1991 LOCAL GOVERNMENT ACT, 1991 ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title, collective citations, construction and commencement. 2. Interpretation. 3. Regulations, orders and directions. 4. Repeals and revocations. PART II Functions of Local Authorities 5. Representational functions of local authorities. 6. General competence of local authorities. 7. Local authorities to have regard to certain matters in performing functions. 8. Ancillary functions of local authorities and other provisions with respect to their functions. 9. Transfer of certain functions to local authorities. PART III Local Elections and Related Matters 10. Prohibition of plural voting. 11. Amendment of Local Elections Regulations, 1965. 12. Local electoral areas in county boroughs. 13. Disqualification of Ministers of Government and Ministers of State for membership of local authorities. 14. Postponement of local elections for certain local authorities. 15. Extension of term of office of certain members of certain harbour authorities. 16. Extension of term of office of certain members of certain vocational education committees. PART IV Reorganisation of Local Government for the County of Dublin 17. Interpretation (Part IV). 18. Establishment of area committees. 19. Delegation of functions to area committees. 20. Management arrangements for area committees. 21. Assistant county managers for area committees. 22. County managers for new counties. 23. Report on preparations for establishment of proposed councils. 24. Regulations in relation to preparations for establishment of proposed councils. 25. Directions for purposes of this Part. 26. Amendment of Local Government (Reorganisation) Act, 1985. PART V Local Authority Boundary Alteration 27. Interpretation (Part V). 28. Boundary committees. 29. Proposal and application for alteration of local authority boundary. 30. Provisions supplementary to section 29. 31. Power of Minister to alter boundary by order. 32. Request to boundary committee to report with respect to certain matters. 33. Report by boundary committee with respect to a boundary. 34. Provisions consequential on boundary alteration. 35. Transitional. PART VI Committees and Joint Committees of Local Authorities 36. “Local authority” (Part VI). 37. Committees of local authorities. 38. Joint committees of local authorities. 39. Membership of committees and of joint committees. 40. Regulations (Part VI). PART VII Miscellaneous 41. Reserved functions. 42. Allowances for chairmen of local authorities. 43. Establishment of regional authorities. 44. Amendment of City and County Management (Amendment) Act, 1955. 45. Amendment of Local Government (Planning and Development) Act, 1963. 46. Entertainment and associated expenses of local authorities. 47. Tenure of office of managers. 48. Civic honours. 49. Twinning of local authority areas. 50. Annual report of local authorities. 51. Expenses of members of local authorities and representation of local authorities at conferences. 52. Power to amend, repeal, etc., enactments and to dispense with certain controls affecting local authorities. 53. Amendment of Local Authorities (Combined Purchasing) Act, 1939. 54. Amendment of Local Government Act, 1941. 55. Expenses. SCHEDULE Enactments Repealed Acts Referred to City and County Management (Amendment) Act, 1955 1955, No. 12 Commissioners Clauses Act, 1847 1847, c. 16 Cork City Management Act, 1929 1929, No. 1 Cork City Management Acts, 1929 to 1988 Cork City Management (Amendment) Act, 1941 1941, No. 5 County Management Act, 1940 1940, No. 12 County Management Acts, 1940 to 1988 Electoral Act, 1963 1963, No. 19 Harbours Act, 1946 1946, No. 9 Limerick City Management Act, 1934 1934, No. 35 Limerick City Management Acts, 1934 to 1988 Local Authorities (Combined Purchasing) Act, 1939 1939, No. 14 Local Authorities (Officers and Employees) Act, 1926 1926, No. 39 Local Authorities (Miscellaneous Provisions) Act, 1936 1936, No. 55 Local Authorities (Mutual Assurance) Act, 1926 1926, No. 34 Local Elections Acts, 1963 to 1986 Local Government Act, 1925 1925, No. 5 Local Government Act, 1941 1941, No. 23 Local Government Act, 1946 1946, No. 24 Local Government Act, 1955 1955, No. 9 Local Government Acts, 1925 to 1985 Local Government (Dublin) Act, 1930 1930, No. 27 Local Government (Dublin) Act, 1945 1945, No. 8 Local Government (Dublin) Act, 1967 1967, No. 4 Local Government (Dublin) Acts, 1930 to 1988 Local Government (Ireland) Act, 1902 1902, c. 28 Local Government (Planning and Development) Act, 1963 1963, No. 28 Local Government (Planning and Development) Act, 1976 1976, No. 20 Local Government (Planning and Development) Acts, 1963 to 1990 Municipal Corporations (Ireland) Act, 1840 1840, c. 105 Municipal Privileges (Ireland) Act, 1876 1876, c. 76 Public Health and Local Government Conferences Act, 1885 1885, c. 17 Public Health (Ireland) Act, 1878 1878, c. 52 Towns Improvement (Ireland) Act, 1854 1854, c. 104 Waterford City Management Act, 1939 1939, No. 25 Waterford City Management Acts, 1939 to 1988 Number 11 of 1991 LOCAL GOVERNMENT ACT, 1991 AN ACT TO AMEND AND EXTEND THE LAW RELATING TO LOCAL GOVERNMENT. [18th May, 1991] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary and General Short title, collective citations, construction and commencement. 1.—(1) This Act may be cited as the Local Government Act, 1991. (2) The Local Government Acts, 1925 to 1985, and this Act may be cited together as the Local Government Acts, 1925 to 1991, and shall be construed together as one Act. (3) The County Management Acts, 1940 to 1988, and so much of this Act as relates to the management of counties, elective bodies and the county borough of Galway may be cited together as the County Management Acts, 1940 to 1991. (4) The Cork City Management Acts, 1929 to 1988, and so much of this Act as relates to the management of the county borough of Cork may be cited together as the Cork City Management Acts, 1929 to 1991. (5) The Local Government (Dublin) Acts, 1930 to 1988, and so much of this Act as relates to the management of the county borough of Dublin may be cited together as the Local Government (Dublin) Acts, 1930 to 1991. (6) The Limerick City Management Acts, 1934 to 1988, and so much of this Act as relates to the management of the county borough of Limerick may be cited together as the Limerick City Management Acts, 1934 to 1991. (7) The Waterford City Management Acts, 1939 to 1988, and so much of this Act as relates to the management of the county borough of Waterford may be cited together as the Waterford City Management Acts, 1939 to 1991. (8) The Local Elections Acts, 1963 to 1986, Part III and so much of the Local Government (Reorganisation) Act, 1985 , and Part IV as relates to local elections may be cited together as the Local Elections Acts, 1963 to 1991. (9) The Local Government (Planning and Development) Acts, 1963 to 1990, and section 45 may be cited together as the Local Government (Planning and Development) Acts, 1963 to 1991. (10) This Act shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions and for the repeal and revocation effected by section 4 of different enactments. Interpretation. 2.—(1) In this Act, except where the context otherwise requires— “committee” means a committee established under section 37 ; “direction” means a direction in writing; “elective body” means an elective body for the purposes of the County Management Acts, 1940 to 1988; “enactment” includes an instrument made under an enactment; “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 committee” means a joint committee established under section 38 ; “local authority” means a local authority for the purposes of the Local Government Act, 1941 ; “local elections” has the meaning assigned to it by section 81 of the Electoral Act, 1963 ; “local electoral area” has the meaning assigned to it by section 80 of the Electoral Act, 1963 ; “manager” means— (a) as respects the corporation of a county borough, the manager for the purposes of the Acts relating to the management of the county borough, and (b) as respects the council of a county or an elective body, the manager for the purposes of the County Management Acts, 1940 to 1988; “the Minister” means the Minister for the Environment; “prescribed” means prescribed by regulations made by the Minister and cognate words shall be construed accordingly; “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) a health board, (e) a board or other body (but not including a company) established by or under statute, (f) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or (g) a company in which all the shares are held by a board, company or other body referred to in paragraph (e) or (f) of this definition; “report” means a report of a local authority under section 50 ; “reserved function” means— (a) in the case of the council of a county or an elective body, a reserved function for the purposes of the County Management Acts, 1940 to 1988; (b) in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough, and (c) any function as respects which a resolution is provided for by this Act. (2) In this Act— (a) a reference to a Part, section or Schedule is to a Part or section of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended, (b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, (c) a reference to any provision of this Act shall, where appropriate, be construed as a reference to that provision as modified by regulations under section 52 . (3) In this Act, a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act). Regulations, orders and directions. 3.—(1) The Minister may make regulations for any purpose of this Act. (2) Without prejudice to any other provision of this Act, a regulation or order under this Act may provide for such incidental, consequential, supplementary or transitional provisions (including provisions for the purpose of securing the continuity of any provision of this Act with any provision of any other Act or instrument repealed, revoked, amended or otherwise affected by this Act or by any regulations or order made there under) as may appear to the Minister to be appropriate for the purposes of this Act or any regulations or order made thereunder. (3) Regulations or an order under this Act may— (a) apply to local authorities generally, to a specified class or classes of local authorities, to a particular local authority or to a particular part of the functional area of a local authority, (b) contain different provisions in relation to different local authorities, (c) provide for the giving of directions by the Minister (including directions amending or revoking any such directions). (4) A regulation under this Act (other than a regulation under subsection (1) or (2) of section 52 ) or an order under this Act (other than an order under section 1 (10) or 12 or an order under section 31 relating to the alteration of the boundary of a county or county borough) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation or order is passed by either such House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. (5) An order under section 1 (10) shall be laid before each House of the Oireachtas as soon as may be after it is made. (6) Where it is proposed to make an order under section 12 or 31 in relation to the boundary of a county or county borough, or regulations under subsection (1) or (2) of section 52 , a draft of the order or regulations, as the case may be, shall be laid before each House of the Oireachtas and the order or regulations, as the case may be, shall not be made until a resolution approving of the draft has been passed by each such House. (7) The Minister may— (a) by order, amend or revoke any order under this Act (other than an order under section 1 (10) but including an order under this subsection), and (b) by direction amend or revoke a direction under this Act (including a direction under this subsection). (8) A person to whom a direction is given under this Act shall comply therewith. (9) This section does not apply to an order under subsection (1) of section 9 and this section (other than subsection (4)) does not apply to an order under subsection (2) of that section. Repeals and revocations. 4.—(1) The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in column (3) of the Schedule . (2) Articles 25, 26 and 27 of the Schedule to the Local Government (Application of Enactments) Order, 1898, the Local Authorities (Allowances to Members) Order, 1946, the Local Conferences Order, 1947 and the Local Authorities (Travelling Expenses of Members) (No. 2) Order, 1947 are hereby revoked. PART II Functions of Local Authorities Representational functions of local authorities. 5.—(1) A local authority may represent the interests of the local community in such manner as it thinks appropriate. (2) Without prejudice to the generality of subsection (1), a local authority may for the purposes of giving effect to that subsection— (a) ascertain and communicate to other local authorities and public authorities the views of the local community in relation to matters as respects which those other authorities perform functions and which affect the interests of the functional area of the authority and the local community, (b) facilitate and promote interest and involvement in local government affairs, (c) promote, organise or assist the carrying out of research, surveys or studies with respect to the local community. (3) The making of a decision by a local authority in relation to the representation of the views of the local community under this section shall be a reserved function. (4) Nothing in this section shall be construed as imposing on a local authority, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject. General competence of local authorities. 6.—(1) (a) A local authority may, subject to the provisions of this section, take such measures, engage in such activities or do such things in accordance with law (including the incurring of expenditure) as it considers necessary or desirable to promote the interests of the local community. (b) For the purposes of this section a measure, activity or thing shall be deemed to promote the interests of the local community if it promotes, directly or indirectly, the social, economic, environmental, recreational, cultural, community or general development of the functional area (or any part thereof) of the local authority concerned or of the local community (or any group consisting of members thereof). (2) For the purposes of giving effect to subsection (1) and without prejudice to the generality of that subsection, a local authority may— (a) (i) carry out and maintain works of any kind, (ii) provide, maintain, preserve or restore land, structures of any kind or facilities, (iii) fit out, furnish or equip any building, structure or facility for particular purposes, (iv) provide utilities, equipment or materials for particular purposes, (v) provide any service or other thing or engage in any activity that, in the opinion of the authority, is likely to benefit the local community; (b) provide assistance in money or in kind, upon and subject to such terms and conditions as the authority considers appropriate, to persons engaging in any activity that, in the opinion of the authority, benefits the local community; (c) provide assistance in money or in kind, (including the provision of prizes and other incentives), upon and subject to such terms and conditions as the authority considers appropriate in respect of the organisation or promotion of, competitions, seminars, exhibitions, displays, festivals or other events, or organise or promote such events; (d) enter into such contracts and other arrangements as the authority considers necessary or expedient. (3) In this section— “land” includes land covered by water; “assistance in money or in kind” includes— (a) grants, loans, guarantees or other financial aid, (b) land and structures of any kind and services, facilities or equipment related thereto, (c) plant, machinery or equipment or the carrying out of works, (d) the services of staff of the local authority concerned, (e) financial aid in relation to the employment of staff, and (f) professional or technical assistance. (4) A decision by a local authority under this section (other than the provision of services of staff of the local authority) shall be a reserved function. (5) A local authority shall not, by virtue of this section, perform any function (including the incurring of expenditure or any liability, whether contractual or otherwise) which is conferred on the authority by any other provision of this or of any other enactment. (6) A local authority shall not, by virtue of this section, undertake or provide assistance for the undertaking of any activity that would prejudice or duplicate activity arising from the performance of a statutory function by any person in the functional area of the authority or that would, having regard to the activities or proposed activities of that person in relation to the area, involve wasteful or unnecessary expenditure by the local authority. (7) (a) The Minister may, with the consent of the Minister for Finance, prescribe matters in respect of which a local authority shall not exercise the powers conferred by this section or in respect of which such exercise shall be subject to prescribed terms or conditions. (b) Expenditure (including the incurring of any liability, whether contractual or otherwise) by a local authority in respect of the performance of its functions under this section (whether in respect of a particular activity or otherwise or in respect of a particular period or otherwise) shall not exceed such amount as may be prescribed. (8) Particulars of the performance by a local authority of its functions under this section in any financial year shall be recorded in the report of the authority for that year. Local authorities to have regard to certain matters in performing functions. 7.—(1) Subject to subsection (2), a local authority, in performing the functions conferred on it by or under this or any other enactment, shall have regard to— (a) the resources, wherever originating, that are available or likely to be available to it for the purpose of such performance and the need to secure the most beneficial, effective and efficient use of such resources, (b) the need to maintain adequately those services provided by it which it considers to be essential and, in so far as practicable, to ensure that a reasonable balance is achieved, taking account of all relevant factors, between its functional programmes, (c) the need for co-operation with, and the co-ordination of its activities with those of, other local authorities and public authorities the performance of whose functions affect or may affect the performance of those of the authority so as to ensure efficiency and economy in the performance of its functions, (d) the need for consultation with other local authorities and public authorities in appropriate cases, (e) policies and objectives of the Government or any Minister of the Government in so far as they may affect or relate to its functions. (2) A local authority shall perform those functions which it is required by law to perform and this section shall not be construed as affecting any such requirement. (3) Every enactment relating to a function of a local authority shall be construed and have effect subject to the provisions of this section. Ancillary functions of local authorities and other provisions with respect to their functions. 8.—(1) A local authority may do anything which is ancillary, supplementary or incidental to or consequential on or necessary to give full effect to, or which will facilitate or is conducive to the performance of, a function conferred on it by this or any other enactment or which can advantageously be performed by the authority in conjunction with performance of such a function. (2) A local authority shall not by virtue of this Part perform any function— (a) which it is prohibited from enjoying or performing by this or any other enactment, or (b) without being subject to or complying with any conditions or restrictions to which, by virtue of this or any other enactment, the performance of the function is subject. (3) Save as may otherwise be prescribed, the functions of a local authority under sections 5 and 6 may be performed by a council of a county in respect of its administrative county or by another local authority in respect of its functional area. (4) (a) Where a grant is allocated by the Minister to a local authority in respect of a functional programme of the authority, the members of the authority shall, subject to any conditions that are attached to the grant by the Minister, by resolution determine the allocation of the grant among or as between projects or services within the programme. (b) In this subsection— “grant” does not include a grant in respect of a specific project or service of a local authority; “conditions” means conditions in relation to matters referred to in section 7 (1) (e). Transfer of certain functions to local authorities. 9.—(1) (a) The Government may by provisional order transfer a function of a Minister of the Government (other than a function that is required by the Constitution to be performed by a Minister of the Government) that, in the opinion of the Government, could be performed effectively by local authorities of a specified class or classes and is a function relating to the provision of a public service in the functional areas of local authorities of that class or those classes to local authorities of that class or those classes. (b) The Government may by provisional order amend or revoke a provisional order under this subsection (including a provisional order under this paragraph). (c) If a provision of a provisional order under this subsection that transfers a function is revoked, the function shall thereupon become and be vested in the Minister of the Government from whom it was transferred by the order. (d) A provisional order under this subsection shall not have effect unless or until it is confirmed by an Act of the Oireachtas. (2) (a) The Minister may by order transfer a function of local authorities of a specified class or classes that, in the opinion of the Minister, could be performed more effectively by local authorities of another specified class or classes to local authorities of that other class or those other classes. (b) The Minister may by order amend or revoke an order under this subsection (including an order under this paragraph). (c) Where an order under this subsection would relate to a function as respects the performance of which a function stands conferred on a Minister of the Government other than the Minister, the order shall not be made without the prior consent of that Minister of the Government. (d) If a provision of an order under this subsection that transfers a function is revoked, the function shall thereupon become and be vested in the local authorities from which it was transferred by the order. (3) (a) An order under this section may contain such ancillary, subsidiary and incidental provisions as the Government or the Minister, as may be appropriate, may determine. (b) Without prejudice to the generality of paragraph (a), an order under this section may— (i) specify terms, conditions and restrictions upon and subject to which a function transferred by the order (in this paragraph referred to as “a function concerned”) is to be performed by the local authorities to which the function is transferred (in this paragraph referred to as “the local authorities concerned”), (ii) provide that a function concerned shall be performed by the local authorities concerned in specified parts only of their functional areas, (iii) provide for the transfer of assets and liabilities associated with a function concerned from the person or persons concerned to the local authorities concerned, (iv) provide for the use by the local authorities concerned of the services of staff of the person or persons concerned, (v) provide for such financial arrangements and adjustments between the person or persons concerned and the local authorities concerned as are considered proper by the Government or the Minister, as may be appropriate, (vi) provide for any necessary application, adaptation or modification of an enactment, (vii) provide for such other matters as are considered by the Government or the Minister, as may be appropriate, to be necessary to enable the transfer of a function to which the order relates to have full effect and to enable the function to be performed by the local authorities concerned. PART III Local Elections and Related Matters Prohibition of plural voting. S.I. No. 128 of 1965 . 10.—(1) A person shall not vote or apply for a ballot paper— (a) more than once at an election of the members of a local authority (otherwise than under Article 44 of the Local Elections Regulations, 1965), (b) at an election of the members of more than one local authority of the same class held at the same local elections, or (c) at both an election of the members of the corporation of a county borough and an election of the members of a local authority of the class specified in subsection (2) (b) held at the same local elections. (2) For the purposes of this section, local authorities shall be deemed to consist of the following two classes: (a) the councils of counties and the corporations of county boroughs, and (b) the corporations of boroughs that are not county boroughs, the councils of urban districts and the commissioners of towns. (3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding £1,000 or to both. (4) Article 89 (1) (b) of the Local Elections Regulations, 1965, is hereby revoked. Amendment of Local Elections Regulations, 1965. S.I. No. 128 of 1965 11.—The Local Elections Regulations, 1965, are hereby amended— (a) in Article 6, by the insertion in paragraph (3), after “election”, of “(other than the election to be held in the year 1991)”, (b) in Article 46— (i) in paragraph (1), by the substitution of the following question for question (b): “(b) Have you already voted at these elections for this or any other local authority?”, and (ii) in paragraph (2), by the substitution of the following form for the form of oath or affirmation: “I swear by Almighty God (or do solemnly, sincerely and truly declare and affirm — as the case may be) that I am the person registered as AB in the register of local government electors now in force for the local electoral area of ____ and that I have not already voted at these elections for this or any other local authority and that I had attained the age of 18 years on___ (date of coming into force of the register)”. Local electoral areas in county boroughs. 12.—(1) The Minister may by order— (a) subject and without prejudice to Part V , divide a county borough into local electoral areas, and (b) fix for each local electoral area the number of members of the council of the county borough to be elected therefor and the number of those members who are to be aldermen. (2) The number of members of the council of a county borough to which an order under this section relates to be elected at an election of members of the council held after the making of the order for each local electoral area specified in the order shall (without prejudice to any subsequent such order) be the number fixed by the order for the local electoral area. (3) Where on the commencement of this section an order is in force dividing a county borough into local electoral areas or fixing the number of members for each local electoral area, the order shall, notwithstanding section 4 , continue in force in relation to the county borough as if it were an order under this section. (4) The Minister may by order— (a) amend or modify any division made by an order under this section (including an order under this subsection) or alter the number of members of the council of any county borough to be elected by virtue of an order under this section (including an order under this subsection or an order deemed by subsection (3) to be an order under this section) in respect of any local electoral area in such county borough, or (b) alter the number of such members who are to be aldermen. (5) Those members of the council of a county borough who are not aldermen shall be councillors. (6) An order under this section shall have effect for the purpose of the election of members of the council of that county borough held next after the order is made and thereafter. Disqualification of Ministers of Government and Ministers of State for membership of local authorities. 13.—(1) A person who is a Minister of the Government or a Minister of State shall be disqualified— (a) for being elected, chosen or appointed as a member of a local authority, or (b) for being a member of a local authority on or after the commencement of the term of office of the members elected to that authority in the local elections held in the year 1991 or subsequently. (2) Where a person who is a member of a local authority is appointed after the passing of this Act to hold office as a Minister of the Government or as a Minister of State, he shall on such appointment cease to be a member of the authority. Postponement of local elections for certain local authorities. 14.—(1) There shall not be an election of members of a local authority at the local elections next occurring after the commencement of this section. (2) The term of office of the members of a local authority current on the commencement of this section shall stand extended so as to terminate on such date as may be provided for by law. (3) In this section “local authority” does not include the council of a county or the corporation of a county borough or, subject to Part IV , the corporation of Dún Laoghaire. Extension of term of office of certain members of certain harbour authorities. 15.—(1) The term of office of those members of a harbour authority (within the meaning of the Harbours Act, 1946 ) who are appointed by a local authority (within the meaning of section 14 ) current on the commencement of this section shall stand extended so as to terminate on such date as may be provided for by law. (2) The year 1991 shall be deemed not to be an election year as respects local authorities (within the meaning aforesaid) for the purposes of sections 10 (1) (a) and 14 (2) of the Harbours Act, 1946 . Extension of term of office of certain members of certain vocational education committees. 16.—(1) The term of office of— (a) the members of a vocational education committee for an urban district vocational education area elected by a local authority (within the meaning of section 14 ), and (b) those members of a vocational education committee for a county vocational education area who are elected by a local authority (within the meaning of section 14 ), shall stand extended so as to terminate on such date as may be provided for by law. (2) A quinquennial meeting of a vocational education committee referred to in subsection (1) (a) shall not be held in the year 1991. (3) For the avoidance of doubt, it is hereby declared that the year 1991 shall be an election year in relation to vocational education committees for counties, the Dún Laoghaire Vocational Education Committee and the Galway City Vocational Education Committee for the purposes of the Vocational Education Act, 1930 . PART IV Reorganisation of Local Government for the County of Dublin Interpretation ( Part IV ). 17.—(1) In this Part, except where the context otherwise requires— “area committee” means a committee established pursuant to section 18 ; “area manager”, during the period when functions stand delegated under section 20 to assistant county managers for the county of Dublin, means one of those assistant county managers and, when functions stand delegated under section 21 to persons holding the offices established by that section, means one of the holders of those offices; “assistant county manager” means an assistant county manager for the purposes of the County Management Acts, 1940 to 1988; “the borough” means the borough of Dún Laoghaire; “the Borough Corporation” means the Corporation of Dún Laoghaire; “committee district” has the meaning assigned to it by section 18 ; “the county” means the administrative county of Dublin; “the county council” means the council of the county; “the Dublin authorities” means Dublin Corporation, the Borough Corporation, the county council, the Dean's Grange Joint Burial Board and the Balbriggan Town Commissioners; “Dublin Corporation” means the Right Honourable, the Lord Mayor, Aldermen and Burgesses of Dublin; “electoral county” means an established electoral county within the meaning of Part III of the Local Government (Reorganisation) Act, 1985 ; “the existing authorities” means the county council and the Borough Corporation; “the proposed counties” and “the proposed councils” have the meanings assigned to them by section 23 ; “the reorganisation report” means the report prepared under section 23 . (2) Nothing in this Part shall prejudice the power of the Minister under Part V to make an order altering the boundaries of a committee district or providing for consequential matters. Establishment of area committees. 18.—(1) The county council shall, as soon as may be after the local elections next occurring after the commencement of this section, establish, by resolution, a committee (referred to in this Part as “an area committee”) for the area of each electoral county to perform in relation to that area (in this Part referred to in relation to an area committee, as its “committee district”) the functions conferred on that area committee pursuant to this Part. (2) (a) The area committee for the electoral County of Fingal shall be known as the Fingal Area Committee and its committee district shall be the area of that electoral county and it shall be known as the Fingal Committee District. (b) The area committee for the electoral County of South Dublin shall be known as the South Dublin Area Committee and its committee district shall be the area of that electoral county and it shall be known as the South Dublin Committee District. (c) The area committee for the electoral County of Dún Laoghaire-Rathdown shall be known as the Dún Laoghaire-Rathdown Area Committee and its functional area shall be the area of that electoral county and it shall be known as the Dún Laoghaire-Rathdown Committee District. (3) Subject to section 17 (2), the membership of an area committee for an electoral county shall consist of the persons standing elected or chosen for the time being as members of the council of that electoral county. Delegation of functions to area committees. 19.—(1) The county council shall, as soon as may be after the establishment of an area committee, delegate to the committee, by resolution, upon and subject to such terms and conditions (if any) as may be specified in the resolution, the functions of the county council that may be performed by resolution in relation to its committee district referred to in subsection (4). (2) The Borough Corporation shall, as soon as may be after the establishment of the Dún Laoghaire-Rathdown Area Committee delegate to it, by resolution, upon and subject to such terms and conditions (if any) as may be specified in the resolution, the functions of the Corporation that may be performed by resolution referred to in subsection (4). (3) Without prejudice to any other relevant requirements, it shall be necessary for the passing of a resolution under subsection (1) or (2) that the number of members of the local authority concerned voting in favour of the resolution exceeds one-half of the total number of members of the authority. (4) (a) The functions aforesaid are the functions of the county council or the Borough Corporation, as the case may be (other than functions relating to an excluded matter), that, in the opinion of the county council or the Borough Corporation, as the case may be, may be properly and effectively performed by the appropriate area committee. (b) (i) Subject to subparagraphs (ii) and (iii), in this subsection “an excluded matter”, in relation to the county council or the Borough Corporation, means the power of the county council or the Borough Corporation, as the case may be, to adopt the estimate of expenses of the county council or the Borough Corporation, as may be appropriate, to make a rate or to borrow money. (ii) The Minister may by direction given to the county council or Borough Corporation provide that a specified function of the county council or the Borough Corporation shall become or cease to be an excluded matter in relation to the county council or the Borough Corporation and thereupon the said function shall become or, as the case may be, cease to be an excluded matter in relation to the county council or the Borough Corporation, as the case may be, and subparagraph (i) shall have effect accordingly. (iii) Whenever a function that stands delegated under this section becomes, by virtue of subparagraph (ii), an excluded matter, the delegation shall stand revoked but without prejudice to anything previously done thereunder by the area committee concerned, and, upon receipt of the direction concerned, the county council or Borough Corporation, as the case may be, shall forthwith send a copy thereof to the area committee concerned. (c) Whenever, by virtue of paragraph (a) or (b), a function of the county council or the Borough Corporation becomes a function in relation to which, in the opinion of the county council or the Borough Corporation, as the case may be, the powers conferred on it by subsection (1) or (2) should be exercised, it may exercise those powers in relation to that function. Management arrangements for area committees. 20.—(1) The Dublin County Manager shall, as soon as may be after the establishment of an area committee— (a) delegate under section 13 (1) of the County Management Act, 1940, to an assistant county manager for the county of Dublin such of his functions in respect of its committee district (including functions relating to the general administration and management of the business of and the ensuring of the proper functioning of the area committee) as he considers can properly be performed by such assistant county manager in respect of that district, functions in respect of each committee district being delegated to a different assistant county manager, and (b) make such other arrangements, including arrangements for the control of staff of the county council and for the performance of duties by such staff as he considers necessary or expedient for the purpose of ensuring the effective performance by the area committee and the assistant county manager to whom functions are delegated by virtue of paragraph (a) of their respective functions. (2) Upon the making, pursuant to subsection (1), of a delegation under the said section 13 (1), subsections (2), (3) and (4) of that section shall apply and have effect in relation to the delegation and the functions delegated. Assistant county managers for area committees. 21.—(1) There shall, in addition to the offices of assistant county manager for the county of Dublin provided for from time to time by or under section 9 of the County Management Act, 1940 , be three offices of assistant county manager for the county of Dublin (in this section referred to as “the three offices”), and— (a) the holder of one of the three offices (who shall be known as the Fingal Area Manager) shall perform, in relation to the Fingal Area Committee and its committee district, the functions referred to in subsection (2) and such other functions as may be conferred on him by or under this Act or any other enactment, (b) the holder of another of the three offices (who shall be known as the Dún Laoghaire-Rathdown Area Manager) shall perform, in relation to the Dún Laoghaire-Rathdown Area Committee and its committee district, the functions referred to in subsection (2) and such other functions as may be conferred on him by or under this Act or any other enactment, (c) the holder of the third of the three offices (who shall be known as the South Dublin Area Manager) shall perform, in relation to the South Dublin Area Committee and its committee district, the functions referred to in subsection (2) and such other functions as may be conferred on him by or under this Act or any other enactment. (2) Upon the taking up of duty by a person appointed to an office established by this section of assistant county manager in relation to an area committee— (a) the functions delegated under section 20 in respect of the committee district of that area committee shall be deemed to have been and to stand delegated by the Dublin County Manager to that assistant county manager under subsection (1) of section 13 of the County Management Act, 1940 , and subsection (2) of section 20 shall apply and have effect accordingly, and (b) the first-mentioned delegation shall cease to have effect. (3) (a) Upon the commencement of this section the request to the Local Appointments Commissioners provided for by section 6 of the Local Authorities (Officers and Employees) Act, 1926 , shall be deemed to have been made in relation to the first appointments to the three offices and, notwithstanding section 27 (1) of the Local Government Act, 1955 , a person recommended by the said Commissioners for one of the said first appointments shall take up duty as the holder of that office within a period of two months of his notification by the said Commissioners of their recommendation in relation to his appointment to that office. (b) If a person referred to in paragraph (a) does not take up duty as the holder of one of the three offices in accordance with that paragraph, the request referred to therein shall be deemed to have been made in relation to the first appointment to the office concerned on the day following the expiration of the period specified in paragraph (a) or the notification of the county council of the intention of the person not to take up such duty, whichever is the earlier, and, notwithstanding the said section 27 (1), a person recommended by the said Commissioners for the first appointment concerned shall take up duty as the holder of the office concerned within a period of two months of his notification by the said Commissioners of their recommendation in relation to his appointment to that office. (4) Where any of the three offices become vacant, the request referred to in paragraph (a) of subsection (3) shall be deemed to have been made on the day following the occurrence of the vacancy or the notification of the county council of the vacancy, whichever is the earlier, and that subsection shall apply to the filling of the vacancy as if the appointment concerned was a first appointment to the office concerned. (5) For the purposes of the application of the County Management Act, 1940 , to the three offices, section 10 and “(other than the county of Dublin)” in section 11 (3) of that Act shall be deleted. (6) The three offices shall be major offices for the purposes of the Local Government Act, 1941 . County managers for new counties. 22.—(1) If an administrative county whose functional area is conterminous with the committee district of the Fingal Area Committee is established at a time when a person holds the office of Fingal Area Manager, then, upon such establishment, that person shall, notwithstanding section 5 (2) of the City and County Management (Amendment) Act, 1955 , stand appointed to the office of Fingal County Manager. (2) If an administrative county whose functional area is conterminous with the committee district of the Dún Laoghaire-Rathdown Area Committee is established at a time when a person holds the office of Dún Laoghaire-Rathdown Area Manager, then, upon such establishment, that person shall, notwithstanding the enactment referred to in subsection (1), stand appointed to the office of Dún Laoghaire-Rathdown County Manager. (3) If an administrative county whose functional area is conterminous with the committee district of the South Dublin Area Committee is established at a time when a person holds the office of South Dublin Area Manager, then, upon such establishment, that person shall, notwithstanding the enactment referred to in subsection (1), stand appointed to the office of South Dublin County Manager. Report on preparations for establishment of proposed councils. 23.—(1) (a) The area managers shall prepare jointly during the appropriate period a preliminary report (in this Part referred to as “the reorganisation report”) outlining the general arrangements that would require to be made in preparation for— (i) the abolition of the county and its division into three administrative counties (in this Part referred to as “the proposed counties”) the areas of which would be conterminous with the committee districts and the abolition of the borough, (ii) the establishment of a council in respect of each of those three administrative counties (in this Part referred to as “the proposed councils”) and the making of provision for their functions and their assets and liabilities, and (iii) the dissolution of the existing authorities, and outlining the arrangements for consequential matters. (b) The reorganisation report shall specify the administrative and organisational measures (including transitional measures) which would be required for the purposes of the arrangements aforesaid and shall include proposals which would allow for the implementation of those measures on a phased and orderly basis, utilising the administrative and organisational arrangements of the area committees and their committee districts. (2) In preparing the reorganisation report— (a) each area manager shall consult with his area committee and the area managers shall jointly consult with the Dublin City Manager and Town Clerk and Dublin County Manager, (b) regard shall be had to— (i) the need to ensure, in so far as possible, that the total costs, and the total numbers and costs of staff, of the proposed councils do not exceed those of the existing authorities, (ii) the need to ensure that the services to be provided by the proposed councils will be organised economically, effectively and efficiently, and (iii) the need to provide, for the purposes aforesaid, for the co-ordination, where appropriate, of the provision of the services aforesaid. (3) Without prejudice to the generality of the foregoing, the reorganisation report shall include— (a) a description of the arrangements considered necessary in order to effect the transfer from the existing authorities to the proposed councils of— (i) staff, and (ii) assets and liabilities, (b) a description of the kind, and an estimate of the extent, of the accommodation considered to be likely to be required by the proposed councils and an outline of the transitional arrangements considered to be necessary as respects those requirements, (c) an estimate of the income and expenditure of each of the proposed councils and of the extent and nature of any consequential financial adjustments, (d) an outline of the co-ordination that should be effected in the performance of their functions or specified such functions (including the specification of any particular service that it is considered should be provided jointly) by— (i) any two or more of the proposed councils, or (ii) any one or more of the proposed councils and Dublin Corporation, and of the arrangements considered to be necessary in order to effect such co-ordination, (e) such preparatory, transitional, organisational, procedural and administrative measures as it is considered should be taken in relation to the existing authorities or any one or more of their functions in anticipation and for the purposes of the establishment of the proposed councils, and (f) an outline, study or analysis of such other matters as are considered appropriate or the Minister may specify. (4) (a) Copies of the reorganisation report shall be transmitted to the Dublin authorities, the area committees and the Minister. (b) Each Dublin authority and area committee shall, as soon as may be after the receipt by it of a copy of the reorganisation report, make such submissions (if any) to the Minister as it deems appropriate in relation to the report and the Minister shall consider any submissions so made. (5) In this section “the appropriate period” means the period of six months commencing on the day on which the area committees or, as may be appropriate, the last of them are or is established or such longer period (if any) as may be fixed by resolution of the County Council. Regulations in relation to preparations for establishment of proposed councils. 24.—(1) When the reorganisation report has been submitted to the Minister, he may, having considered it, direct that another report be jointly prepared by any one or more of the area managers in respect of or taking account of specified matters. (2) The Minister, having considered the reorganisation report and any reports under this section may, after consultation with the Minister for Finance, by regulations make such provision as appears to him to be necessary or expedient for the purposes of or to give full effect to or to facilitate— (a) preparations for the establishment of the proposed counties and the proposed councils, (b) preparations for the dissolution of the existing authorities, (c) the making and implementation of transitional arrangements in relation to such establishment and dissolution, and the regulations shall have effect notwithstanding the provisions of any other enactment and every such enactment shall be construed and have effect subject to and in accordance with the provisions of the regulations. (3) Without prejudice to the generality of subsection (2), regulations under that subsection may include provision in relation to— (a) the making of arrangements and agreements between the existing authorities and between those authorities and the other Dublin authorities in relation to the matters referred to in subsection (2) and for the application of such agreements and arrangements to the proposed councils, (b) the preparation for the transfers of assets and liabilities consequent upon the establishment of the proposed counties and the proposed councils and the dissolution of the existing authorities, (c) the preparation by the existing authorities of estimates of the expenses for a specified local financial year of the proposed councils as if those councils stood established during the whole of that year, (d) any matter or thing for which provision may be made by order under section 34 or for which provision is made in the Local Government (Dublin) Act, 1930 , (e) the adjustment of any matter or thing (including any financial adjustment) that, in the opinion of the Minister, will arise upon the establishment of the proposed counties and the proposed councils and the dissolution of the existing authorities. (4) Regulations under this section may provide for the application, adaptation, amendment or repeal of any enactment as respects the matters specified in paragraphs (a), (b) and (c) of subsection (2) or as respects the county or any part thereof (including the borough). Directions for purposes of this Part. 25.—The Minister may give to the Dublin authorities, the Dublin City Manager, the Dublin County Manager and the area managers such general or particular directions in relation to the execution of or compliance with any provision of this Part or regulations thereunder or in relation to the preparations for the matters referred to in section 23 (1) (including directions that specified steps be taken or not taken, or be taken subject to specified conditions, or specified things be done or not done or be done subject to specified conditions, by the persons aforesaid or any of them) as appear to the Minister to be necessary or expedient for securing or facilitating the operation of such provision or the giving of full effect thereto. Amendment of Local Government (Reorganisation) Act, 1985. 26.—The Local Government (Reorganisation) Act, 1985 , is hereby amended— (a) in section 12, by the insertion of the following subsection after subsection (1): “(1A) The division of the County into three electoral counties effected by subsection (1) shall continue to have effect for the purposes of the local elections next occurring after the elections referred to in that subsection in the same manner as it had effect for the purposes of the last-mentioned elections save that: (a) the electoral County of Dublin-Fingal shall be known as the electoral County of Fingal, and (b) the electoral County of Dublin-Belgard shall be known as the electoral County of South Dublin, and references in this Act to established electoral counties, electoral counties and councils of electoral counties shall be construed accordingly.”, (b) in section 13, by the insertion of “and at the local elections next occurring after those elections” in subsection (3) after “of this Act”, and (c) in section 16— (i) in subsection (1), by the insertion after “Act” of “or at the local elections next occurring after those elections”, and (ii) by the substitution of the following subsections for subsections (3) and (4): “(3) (a) The persons elected to the councils of the established electoral counties at the first elections held pursuant to section 13 (3) of this Act shall be regarded for all purposes as having been elected to the County Council on the same day as their election to whichever of the councils established under section 13 (1) of this Act is appropriate and on and from the ordinary day of retirement referred to in subsection (2) of this section those persons shall be the members of and shall act as the County Council. (b) The persons elected to the councils of the established electoral counties at the elections held pursuant to the said section 13 (3) next after those referred to in paragraph (a) of this subsection shall be regarded for all purposes as having been elected to the County Council on the same day as their election to whichever of the councils established under the said section 13 (1) is appropriate and on and from the ordinary day of retirement of the members of the County Council those persons shall be the members of and shall act as the County Council. (4) (a) The persons elected at the first elections held pursuant to the said section 13 (3) for the relevant electoral areas shall be regarded for all purposes as having been elected to the Borough Council on the same day as their election to the Council of the electoral County of Dún Laoghaire — Rathdown and on and from the ordinary day of retirement referred to in subsection (2) of this section those persons shall be the members of and shall act as the Borough Council. (b) The persons elected at the elections held pursuant to the said section 13 (3) next after those referred to in paragraph (a) of this subsection for the relevant electoral areas shall be regarded for all purposes as having been elected to the Borough Council on the same day as their election to the Council of the electoral County of Dún Laoghaire-Rathdown and on and from the ordinary day of retirement of the members of the County Council those persons shall be the members of and act as the Borough Council.”. PART V Local Authority Boundary Alteration Interpretation ( Part V ). 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). Boundary committees. 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 M …