In short
This law clarifies and validates the power of local authorities to charge for services, specifically in relation to the Local Government (Financial Provisions) (No. 2) Act, 1983. It ensures that certain charges made by local authorities are considered valid.
What it regulates
- The power of local authorities to make charges for services.
- The definition of "existing enactment" within the Act of 1983.
- The validation of specific charges made by local authorities before this Act came into force.
- The recovery of these validated charges.
Who it concerns
- Local authorities.
- Individuals or entities subject to charges made by local authorities for services.
Key points
- The Act of 1983's definition of "existing enactment" is amended to include enactments in force at any time after its commencement, except those passed after the Local Government (Financial Provisions) Act, 2000.
- This amendment to the Act of 1983 is considered to have been in operation since the commencement of the Act of 1983.
- Charges made by a local authority before this Act, which would have been valid under the amended Act of 1983, are deemed valid.
- Proceedings concerning the validity of such charges commenced before 18 April 2000 are not affected by this Act.
📄 Legal text
Local Government (Financial Provisions) Act, 2000
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Local Government (Financial Provisions) Act, 2000
Local Government (Financial Provisions) Act, 2000
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Number 6 of 2000
LOCAL GOVERNMENT (FINANCIAL PROVISIONS) ACT, 2000
ARRANGEMENT OF SECTIONS
Section
1.
Definition.
2.
Effect of Act of 1983 with respect to power of local authorities to make charges.
3.
Validation of certain charges made by local authorities.
4.
Saving.
5.
Short title, collective citation and construction.
Acts Referred to
Local Government Acts, 1925 to 1998
Local Government (Financial Provisions) (No. 2) Act, 1983
1983, No. 21
Number 6 of 2000
LOCAL GOVERNMENT (FINANCIAL PROVISIONS) ACT, 2000
AN ACT TO MAKE PROVISION WITH RESPECT TO THE POWER OF LOCAL AUTHORITIES TO MAKE CHARGES BY VIRTUE OF THE LOCAL GOVERNMENT (FINANCIAL PROVISIONS) (NO. 2) ACT, 1983.
[20th April, 2000]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Definition.
1.— In this Act “Act of 1983” means the
Local Government (Financial Provisions) (No. 2) Act, 1983
.
Effect of Act of 1983 with respect to power of local authorities to make charges.
2.—(1) The Act of 1983 is amended, in section 1(1), by the substitution for the definition of “existing enactment” of the following definition:
“‘existing enactment’ means an enactment in force on, or at any time after, the commencement of this Act (other than an enactment passed after the passing of the Local Government (Financial Provisions) Act, 2000);”.
(2) This section shall be deemed to have come into operation on the commencement of the Act of 1983.
Validation of certain charges made by local authorities.
3.—(1) In this section “relevant charge” means a charge—
(a) purporting to have been made by a local authority, before the passing of this Act, by virtue of section 2 of the Act of 1983, for the provision of a service under an enactment not in force on the commencement of the Act of 1983, and
(b) which would have been valid if the amendment made by
section 2
of this Act had been in force at the time of the making of the charge.
(2) A relevant charge shall be deemed to have been validly made and any such charge made before the passing of this Act but not recovered by the local authority concerned may be recovered as validly and effectually as it could have been recovered if this Act had been in force at the time of the making of the charge.
Saving.
4.— Nothing in this Act shall affect any proceedings commenced in any court concerning the validity of any relevant charge (within the meaning of
section 3
of this Act) where such proceedings were commenced before 18 April 2000.
Short title, collective citation and construction.
5.—(1) This Act may be cited as the Local Government (Financial Provisions) Act, 2000.
(2) The Local Government Acts, 1925 to 1998, and this Act may be cited together as the Local Government Acts, 1925 to 2000.
(3) The Local Government Acts, 1925 to 1998, and this Act shall be construed together as one.
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