Local Government Act, 1994

Local Government Act, 1994 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 1994 Local Government Act, 1994 Local Government Act, 1994 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 8 of 1994 LOCAL GOVERNMENT ACT, 1994 ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title, collective citations, construction and commencement. 2. Interpretation. 3. Orders and regulations. 4. Repeal, revocation and amendment of enactments. PART II Local Authority Membership 5. Eligibility for local authority membership. 6. Disqualifications for local authority membership. 7. Offence to act when disqualified. 8. Cesser of membership arising from disqualification. 9. Term of office. 10. Resignation from membership. 11. Casual vacancies. 12. Saver for acts of local authority. PART III Local Elections 13. Interpretation of Part III. 14. Elections to certain local authorities in 1994. 15. Harbour authorities. 16. Vocational education committees. 17. Alteration of boundaries for purposes of certain local elections. 18. Section 17: ancillary provisions 19. Arrangements with respect to certain polling districts and the register of electors. 20. Year of elections to all local authorities. 21. Times of poll. 22. Conduct of elections. 23. Right to vote at local elections. 24. Local electoral areas. PART IV Cathaoirleach and Leas-Chathaoirleach 25. Cathaoirleach and Leas-Chathaoirleach. 26. Method of election of Cathaoirleach. 27. Term of office of Cathaoirleach or Leas-Chathaoirleach. 28. Resignation of Cathaoirleach or Leas-Chathaoirleach. 29. Casual vacancy in the office of Cathaoirleach or Leas-Chathaoirleach. PART V Meetings and Procedures of Local Authorities 30. Meetings and procedures of local authorities. PART VI Amenity, Recreation, Library and other Functions 31. Provision of amenities, facilities, etc. 32. Library authorities. 33. Powers of library authorities. 34. An Chomhairle Leabharlanna. 35. Application of section 8 (1) of the Act of 1991. PART VII Bye-Laws 36. Interpretation of Part VII. 37. Power to make bye-laws. 38. Procedure for making a bye-law. 39. Certain bye-laws to be submitted to the appropriate Minister. 40. Offences and penalties. 41. Fixed payment notices. 42. Publication of bye-laws. 43. Continuation in force of existing bye-laws, etc. PART VIII Local Authority Estimates, Rates, etc. 44. Amendment of section 10 of the Act of 1955. 45. Amendment of section 29 of the Act of 1946. 46. Amendment of section 9 of the Local Government (Financial Provisions) Act, 1978. 47. Functions of revenue collectors. PART IX Local Authority Personnel 48. Amendment of section 19 (1) of the Act of 1941. 49. Amendment of section 27 of the Act of 1941. 50. Submission of certain statutory requests to the Local Appointments Commissioners. 51. Appointment of deputy managers. 52. Amendment of section 17 of the Act of 1955. PART X Town Local Government 53. Local Government Reorganisation Commission. 54. Chairperson and members. 55. Guidelines for Commission. 56. Reorganisation report. 57. Notice of review. 58. Work programme. 59. Implementation of reorganisation proposals. 60. Provision of services to Commission. PART XI Miscellaneous 61. Discharge of certain functions by Minister. 62. Cesser of Towns Improvement (Ireland) Act, 1854 in certain areas. 63. Electoral divisions. 64. Local authority associations. 65. Records and archives of local authorities. 66. Removal of difficulties. 67. Amendment of sections 76 to 79 of the Act of 1946. 68. Expenses. FIRST SCHEDULE Enactments Repealed and Order and Regulations Revoked SECOND SCHEDULE Amendment of Enactments THIRD SCHEDULE Alteration of Certain Town Boundaries FOURTH SCHEDULE Amenities, Facilities and Services FIFTH SCHEDULE Local Government Reorganisation Commission Number 8 of 1994 LOCAL GOVERNMENT ACT, 1994 AN ACT TO AMEND AND EXTEND THE LAW RELATING TO LOCAL GOVERNMENT. [29th April, 1994] 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, 1994. (2) The Local Government Acts, 1925 to 1993, and this Act may be cited together as the Local Government Acts, 1925 to 1994 and shall be construed together as one Act. (3) The County Management Acts, 1940 to 1993, 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 1994. (4) The Cork City Management Acts, 1929 to 1991, 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 1994. (5) The Local Government (Dublin) Acts, 1930 to 1993, 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 1994. (6) The Limerick City Management Acts, 1934 to 1991, and so much of this Act as relates to management of the county borough of Limerick may be cited together as the Limerick City Management Acts, 1934 to 1994. (7) The Waterford City Management Acts, 1939 to 1991, 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 1994. (8) The Local Elections (Petitions and Disqualifications) Act, 1974 , so much of the Electoral Act, 1992 as relates to local elections and Parts II and III may be cited together as the Local Elections Acts, 1974 to 1994. (9) 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 amendment effected by section 4 of different enactments. Interpretation. 2.—(1) In this Act, except where the context otherwise requires— “the Act of 1941” means the Local Government Act, 1941 ; “the Act of 1946” means the Local Government Act, 1946 ; “the Act of 1955” means the City and County Management (Amendment) Act, 1955 ; “the Act of 1991” means the Local Government Act, 1991 ; “election” means a local election; “elective body” means an elective body for the purposes of the County Management Acts, 1940 to 1993; “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; “local authority” means a local authority for the purposes of the Act of 1941; “manager” means— (a) as respects the corporation of a county borough, the manager for the purpose 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 1993; “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 public authority for the purposes of the Act of 1991; “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 1993; (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. (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 66 . (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). Orders and regulations. 3.—(1) Every order and regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made. (2) If after an order, other than an order under section 1 (9), 14 , 21 or 53 (1), or a regulation is so laid, a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. (3) The Minister may by order, amend or revoke an order made under this Act, other than under section 1 (9) (including an order made under this subsection). (4) The Minister may make regulations for the purposes of this Act or in consequence of any of its provisions or for the purposes of enabling any provision to have full effect. (5) Without prejudice to any specific provision of this Act, every regulation made under this Act may— (a) contain such incidental, consequential, supplementary or transitional provisions (including provisions for the purpose of securing the continuity of any provision of this or of any other Act or instrument repealed, revoked, amended or otherwise affected by this Act or by any order or regulation made thereunder) as may appear to the Minister to be appropriate for the purposes of this Act or of any order or regulations made thereunder, (b) provide for the adaptation, modification or cesser of operation of any provision of any enactment, including an enactment referred to in section 4 (3), relating to any matter governed by the provisions of this Act or of any order or regulations made thereunder for the purpose of securing that such enactment shall have effect in conformity with this Act or with an order or with regulations made thereunder. (6) Regulations or an order under this Act may apply to local authorities generally, to any class or classes of local authorities specified in the regulations or order to a particular local authority or to a particular part of the administrative area of a local authority so specified and may contain different provisions in relation to different local authorities or to different parts of the administrative area of a local authority. Repeal, revocation and amendment of enactments. 4.—(1) Each enactment specified in the First Schedule is hereby repealed or revoked to the extent specified in column (3) of that Schedule. (2) Each enactment specified in the Second Schedule is hereby amended in the manner stated in column (3) of that Schedule. (3) The repeal or revocation by this Act of a provision of any enactment which is applied by any other provision of that or of any other enactment not so repealed or revoked, shall not affect such application and the first-mentioned provision shall accordingly continue to apply for that purpose. PART II Local Authority Membership Eligibility for local authority membership. 5.—Every person being a citizen of Ireland or ordinarily resident in the State who has reached the age of 18 years and is not subject to any of the disqualifications mentioned in section 6 shall be eligible for election or co-option to and membership of a local authority. Disqualifications for local authority membership. 6.—(1) A person shall be disqualified for being elected, for being co-opted, or for being a member of a local authority if that person— (a) is a member of the Commission of the European Communities or is a representative in the European Parliament, or (b) is a Judge, Advocate General or Registrar of the Court of Justice of the European Communities, or (c) is a member of the Court of Auditors of the European Communities, or (d) is a Minister of the Government or a Minister of State, or (e) is the chairman of Dáil Éireann (An Ceann Comhairle), or (f) is the chairman of Seanad Éireann, or (g) is the chairman of a select committee of either House of the Oireachtas or of a joint committee of both Houses, other than of any such committee or joint committee as is or may be designated for the purposes of subsection (3), or (h) is appointed under the Constitution as a Judge or the Comptroller and Auditor General, or (i) is a member of the Garda Síochána or a wholetime member of the Defence Forces as defined in section 11 (4) (b) of the Electoral Act, 1992 , or (j) is a civil servant who is not by terms of employment expressly permitted to be a member of a local authority, or (k) is undergoing a sentence of imprisonment for any term exceeding six months, whether with or without hard labour, or of penal servitude for any period imposed by a court of competent jurisdiction in the State, or (l) fails to pay any portion of any sum charged or surcharged, by an auditor of the accounts of any local authority, upon or against that person and such disqualification shall come into effect on the expiration of the time limit for an appeal where no appeal is taken, or on the expiration of one month from the date of an order confirming the charge or surcharge, where an appeal is taken to the Minister or the High Court and the disqualification shall apply and have effect for a period of five years from the date of its coming into effect, or (m) fails to comply with a final judgement, order or decree of a court of competent jurisdiction, for payment of money due to a local authority, or (n) is convicted of, or has had a conviction confirmed on appeal for, an offence relating to any of the following— (i) fraudulent or dishonest dealings affecting a local authority, (ii) corrupt practice, (iii) acting when disqualified. (2) (a) A disqualification arising pursuant to subsection (1) (m) shall come into effect on the seventh day following the last day for compliance with the relevant final judgement, order or decree and the disqualification shall apply and have effect for a period of five years from such last day. (b) A disqualification arising pursuant to subsection (1) (n) shall come into effect— (i) in case no appeal is taken against the conviction, on the expiration of the time limit for taking an appeal, or (ii) in case an appeal is taken against the conviction and the appeal is disallowed, one month from the determination of the appeal, and the disqualification shall apply and have effect for a period of five years from the date of conviction or determination of the appeal, as the case may be. (3) (a) The Joint Services Committee, the Joint Committee on the Irish Language, the Dáil Committee of Selection and the Seanad Committee of Selection, are hereby designated for the purposes of this subsection. (b) The Minister may by order designate any other committee or joint committee mentioned in paragraph (g) of subsection (1) for the purposes of this subsection and for so long as such an order is in force, that paragraph shall not apply as regards the committee or joint committee so designated. (c) An order made under this subsection shall not come into operation unless and until a copy thereof has been laid before each House of the Oireachtas and the order has been confirmed by resolution of each such House. (4) The provisions of this section shall come into operation and apply for the purposes of the local elections referred to in section 20 and thereafter and accordingly an order shall not be made under section 1 (9) bringing those provisions into operation as regards any member of a local authority prior to these elections. Offence to act when disqualified. 7.—(1) If any person knowingly acts as a member of a local authority when disqualified, or knowingly votes when prohibited by or under any enactment, that person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding one thousand pounds for each such offence without prejudice to any other disqualification or penalty therefor. (2) An offence under this section may be prosecuted by or at the suit of a local government elector, a local authority or the Minister. Cesser of membership arising from disqualification. 8.—(1) Where a member of a local authority becomes disqualified for membership of a local authority pursuant to section 6 , that person shall, subject to subsections (2) and (4) of that section, immediately on such occurrence cease to be such member and a vacancy shall exist accordingly in the membership of the local authority. (2) A person who ceases to be a member of a local authority pursuant to this section shall on such cesser also cease to be a member of any body to which that person was elected, nominated or appointed by a local authority, or of which the person is a member by virtue of being a member of a local authority. Term of office. 9.—(1) The term of office of a member of a local authority shall (unless such member sooner dies, resigns, becomes disqualified, is removed from office or otherwise ceases to be a member of the local authority) continue until the next ordinary day of retirement of members of the local authority. (2) The ordinary day of retirement of members of a local authority shall be the seventh day after the polling day at the election of members of the local authority or, where the poll for any local electoral area of the local authority or for any polling station at the election is for any reason countermanded, interrupted, or adjourned, after the day on which the poll is completed or the fresh poll is held. (3) On such ordinary day of retirement each of the outgoing members of the local authority shall retire and each person elected at the said election shall come into office as a member of the local authority. Resignation from membership. 10.—(1) A member of a local authority may, at any time, resign from membership by notice in writing, signed by that person and delivered to the principal offices of the local authority, and that person shall cease to be a member of the local authority on the day of receipt of the notice and the resultant vacancy in the membership of the local authority shall occur on that day. (2) A person who resigns from membership of a local authority pursuant to this section shall on such resignation also cease to be a member of any body to which that person was elected, nominated or appointed by the local authority, or of which that person is a member by virtue of being a member of that local authority. Casual vacancies. 11.—(1) A casual vacancy means a vacancy caused in the membership of a local authority pursuant to section 8 or by the death or resignation of a member of a local authority. (2) A casual vacancy shall also exist in such circumstances as are prescribed in articles 27 (3), 28 (4) and 76 of the Local Elections Regulations, 1965 , or as may be prescribed under section 22 or as are referred to in section 15 (1) of the Local Elections (Petitions and Disqualifications) Act, 1974 . (3) It shall be the duty of the secretary or clerk to notify the members of the local authority in writing on becoming aware that a casual vacancy has or may have occurred. (4) A casual vacancy shall be filled by the co-option by the local authority of a person to fill the vacancy. (5) (a) A co-option shall be made, after due notice, at the next meeting of the local authority after the expiration of a period of fourteen days from the occurrence of the vacancy or as soon after the expiration of such period as circumstances permit. (b) For this purpose due notice means not less than three clear days notice given in writing to every member of the local authority. (6) A person shall not be proposed at a meeting of the local authority for co-option without the prior consent in writing of that person. (7) A person co-opted to fill a casual vacancy shall (unless sooner ceasing to hold office) hold office as a member of the local authority until the next ordinary day of retirement of members of that local authority. (8) Every person co-opted to fill a casual vacancy in the membership of the council of a county or other borough shall hold office as a councillor. (9) Where a casual vacancy occurs in the membership of the council of a county or other borough by reason of an alderman ceasing to hold office as a member of the council, the number of aldermen for such county or other borough shall, until the next election of members of the said council be reduced by one in respect of each such vacancy. Saver for acts of local authority. 12.—The acts, decisions and proceedings of a local authority shall not be invalidated by reason only of a vacancy or vacancies in its membership or of the disqualification or want of qualification of any of its members. PART III Local Elections Interpretation of Part III . 13.—In this Part— “local authority” means— (a) the council of a county, (b) the corporation of a county or other borough, (c) the council of an urban district, or (d) the commissioners of a town; “local electoral area” means an area by reference to which a local election is held; “local election” means an election pursuant to this Part. Elections to certain local authorities in 1994. 14.—(1) An election of members of every local authority being the council of a borough (other than a county borough), the council of an urban district, or the commissioners of a town shall be held in the year 1994 on such day as is appointed by order of the Minister under this section and such elections shall be local elections and the law for the time being in force in relation to local elections shall apply to such elections. (2) The provisions of section 21 shall apply to an order made under this section. (3) The term of office of the members of every local authority elected at the elections referred to in subsection (1) shall terminate in the year 1998 so as to be in accordance with the holding of local elections in that year. Harbour authorities. 15.—(1) The year 1994 shall be deemed to be an election year as respects local authorities to which section 14 applies for the purposes of sections 10 (1) (a) and 14 of the Harbours Act, 1946 . (2) The term of office of those members of a harbour authority (within the meaning of the Harbours Act, 1946 ) who were appointed by a local authority referred to in subsection (1) current on the commencement of this section shall terminate in the year 1994 so as to be in accordance with the provisions of section 14 (2) of the Harbours Act, 1946 . (3) The year 1998 and every year thereafter which is a year in which elections of members of councils of counties are held shall be an election year for the purposes of the Harbours Act, 1946 , and the term of office of those members of a harbour authority who are appointed by a local authority referred to in subsection (1) in the year 1994 shall terminate in the year 1998 so as to be in accordance with this subsection and section 14 (2) of the Harbours Act, 1946 . 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 to which section 14 applies, and (b) those members of a vocational education committee for a county vocational education area who were elected by a local authority referred to in paragraph (a), current at the commencement of this section shall terminate in the year 1994 so as to be in accordance with the provisions of section 10 (3) of the Vocational Education Act, 1930 . (2) (a) The year 1994 shall be deemed to be an election year as respects vocational education committees referred to in subsection (1) (a) and as respects those members of vocational education committees referred to in subsection (1) (b). (b) The year 1994 shall not be an election year as respects vocational education committees or members of vocational education committees, as the case may be, other than those referred to in paragraph (a). (3) A quinquennial meeting of a vocational education committee referred to in subsection (1) (a) shall be held in the year 1994. (4) The year 1998 and every year thereafter which is a year in which local elections are held shall be an election year for the purposes of the Vocational Education Acts, 1930 to 1993, and the term of office of those members of a vocational education committee who are elected by a local authority referred to in subsection (1) in the year 1994 shall terminate in the year 1998 so as to be in accordance with this subsection and section 10 (3) of the Vocational Education Act, 1930 . Alteration of boundaries for purposes of certain local elections. 17.—(1) The Minister may by regulations and by reference to a submitted map within the meaning of this section alter the boundary of any borough, urban district or town having town commissioners, specified in the regulations, for the purposes of the elections to be held in 1994 pursuant to section 14 and for local elections thereafter. Where regulations have been made under this subsection, the area of any borough, urban district or town specified in the regulations shall, for the purposes of those elections (and only for such purposes) be the area contained within the altered boundary and the local government electors registered in respect of such area shall be entitled to vote at those elections. (2) Where a proposed boundary alteration shown on a submitted map would involve the inclusion in a borough or urban district of an area which is located in a county other than the county in which the said borough or urban district is situate, regulations under subsection (1) may provide for the simultaneous alteration of the boundary between the two counties in question so as to correspond with the boundary of the borough or urban district altered by those regulations and on the coming into operation of such regulations the said county boundary shall accordingly also stand so altered for the purposes of the elections referred to in that subsection and for the purposes of the next elections to the councils of the counties in question and for local elections thereafter. (3) Regulations under subsection (1) shall apply notwithstanding the provisions of any other enactment relating to the alteration of boundaries and may include all such provisions as the Minister may consider necessary to enable a boundary alteration to have effect for the purposes of elections to a local authority. (4) (a) The Minister may by regulations under this subsection provide that an alteration of the boundary of a borough, urban district or town effected by regulations under subsection (1) shall (in addition to having effect for the purposes specified in that subsection) have effect for such other purposes as may be specified in the regulations and the regulations may— (i) make a provision similar to or to the same effect (with any modifications which the Minister may consider appropriate in the particular circumstances) as any provision contained in the Second Schedule to the Local Government (Reorganisation) Act, 1985 , (ii) do any thing which may be done by order under section 24 of that Act, (iii) make such other provision (if any) as the Minister shall think proper, in relation to any matter whatsoever related to or connected with the proposed boundary alteration for such other purposes. (b) Regulations shall not be made under this subsection in respect of a borough, urban district or town unless either— (i) a reorganisation report has been submitted under section 56 and the Minister has considered any proposals therein which may have a bearing on matters which are the subject of the regulations, or (ii) there are in the opinion of the Minister in a particular case exceptional circumstances for altering the relevant boundary for purposes specified in the regulations in advance of such submission and agreement has been reached and satisfactory arrangements have been made by the local authorities concerned as respects all matters related to or connected with the proposed boundary alteration. (5) The Commissioner of Valuation (“the commissioner”) shall, by reference to a submitted map, but without prejudice to subsection (8), prepare for each county, borough, urban district and town the boundary of which is altered by regulations under this section, a map, in quadruplicate, or in quintuplicate in any case where the boundary between two counties is altered, drawn to such convenient scale and in such convenient number of separate sheets as the commissioner thinks fit, showing the boundaries of the said county or counties, borough, urban district or town as so altered and when such maps have been prepared, the commissioner shall seal each such map and shall, as soon as may be thereafter, deposit them as follows, namely, one of them in the principal office of the commissioner, one in the offices of the Minister, one in the principal office of the relevant borough corporation, urban district council or town commissioners and one in the principal office of the relevant county council or county councils. (6) Every map deposited pursuant to subsection (5) in the principal office of the commissioner or of a local authority shall be retained in the office in which it is so deposited, and each such map, or true copies thereof, shall be open for inspection free of charge at the office in which it is so deposited by any person at any time at which such office is open for the transaction of public business, and it shall be lawful for the commissioner, or the relevant local authority to prepare and supply to any person requesting the same a true copy of any map so deposited or any particular part thereof and to charge for such copy such sum as the commissioner (with the consent of the Minister for Finance) or the local authority in question, may fix. (7) It shall be the duty of the commissioner and of a local authority which retains a map pursuant to subsection (6), whenever required so to do by any Court of Justice, to prepare and produce to the Court a true copy of such map or any specified part thereof and to verify the copy to such Court by the oath of an officer of the commissioner or local authority as the case may be (whose official position it shall not be necessary to prove) and the Court shall receive the copy in evidence and thereupon the copy shall, unless the contrary is shown, be sufficient evidence of the boundary (in so far as the same is shown on the copy) of the county, borough, urban district or town to which the copy purports to relate, notwithstanding any discrepancy between the copy and any submitted map. (8) In preparing the said maps the commissioner may notwithstanding— (a) any description in any other enactment of any boundary of a county, borough, urban district or town or of any alteration of such, or (b) any such boundary as shown on a submitted map or a map prepared pursuant to any enactment prior to the commencement of this section, fix the boundary of any county, borough, urban district or town so as to avoid any minor anomaly such as the division of any building, other structure or curtilage by such boundary or to remedy any other minor inconsistency insofar as in the opinion of the commissioner such may be necessary. (9) In this section a “submitted map” means a map certified by a county manager and showing the existing boundary and the proposed new boundary of a town specified in the Third Schedule , being a borough other than a county borough, an urban district or a town having town commissioners with the name of the particular borough, urban district or town shown thereon, which map was submitted to the Minister pursuant to a request made to the manager by him prior to the enactment of this Act for the submission of such a map. (10) For the purposes of the elections referred to in subsections (1) and (2) and all matters relating thereto the boundary as shown on a submitted map to which regulations under subsection (1) refer shall be the official map for such purposes pending the deposit of the relevant map by the commissioner pursuant to subsection (5) and the said submitted map shall continue to be the official map (for the period before, during and after such elections) until such time as the relevant map is deposited by the commissioner in accordance with subsection (5). Pending such deposit a copy of the submitted map shall be retained at the principal offices of the relevant borough corporation, urban district council, town commissioners and county council or councils (as the case may be) and the provisions of subsections (6) and (7) shall apply in respect of each such submitted map and each such local authority as if it were a map deposited by the commissioner under subsection (5). Section 17 : ancillary provisions. 18.—(1) Where the boundary of a county is altered by regulations under section 17 the Minister or any other Minister of the Government, with the consent of the Minister, may by regulations under this section make such provision as the relevant Minister considers necessary or expedient in relation to any matter whatsoever arising from, in consequence of, or otherwise related to such boundary alteration and any provision so made shall, notwithstanding the provisions of any other enactment, apply and have effect accordingly. (2) The provisions of subsection (1) of section 34 of the Act of 1991 and subsections (3) to (7) of that section shall apply and have effect with all necessary adaptations in relation to regulations under this section and for that purpose, without prejudice to the generality of the foregoing, in the said subsections— (a) “primary order” shall mean regulations under section 17 of this Act; (b) “supplementary order” shall mean regulations made under this section; and (c) a reference to subsection (1) of this section shall be substituted for the reference to “subsection (2)” in the prefix to the said section 34 (1). Arrangements with respect to certain polling districts and the register of electors. 19.—(1) Where, consequent on the alteration of the boundary of the area of a local authority under section 17 , or otherwise a polling district existing immediately before such alteration is not wholly situate within the area of a local authority, the appropriate officer shall with respect to each part of such polling district situate within the area of a local authority— (a) join it or parts of it with any adjoining polling district or districts within the said area, or (b) constitute it as a polling district and appoint a polling place for it. (2) An arrangement made pursuant to subsection (1) shall have effect until (and only until) the first scheme under section 28 of the Electoral Act, 1992 in relation to the county or county borough in which the part concerned of the polling district is situate comes into operation after the making of the arrangement. (3) An arrangement made pursuant to subsection (1) shall, as soon as may be, be notified to the Minister by the appropriate officer. (4) The appropriate officer shall make such alterations in relation to the part of the register of electors in force as regards a part of a polling district referred to in subsection (1) as may be necessary to secure that the part of the register concerned shall be in conformity with the arrangement made pursuant to that subsection and may conveniently be used for the purposes of taking a poll. (5) In this section “the appropriate officer” means— (a) in relation to any part of a polling district situate in a county borough, the manager for the purposes of the Acts relating to the management of the county borough (including a person duly appointed either as deputy for such manager or to act in the place of such manager during an absence or incapacity or during a vacancy in the office of such manager), (b) in relation to any part of a polling district situate in an administrative county the secretary of the council of the county concerned (including a person duly appointed either as deputy for such secretary or to act in the place of such secretary during an absence or incapacity or during a vacancy in the office of such secretary), or a person assigned to perform the duties of county secretary under this section. Year of elections to all local authorities. 20.—(1) (a) An election of members of every local authority shall be held in the year 1998 and every fifth year thereafter. (b) Nothing in this subsection shall affect Part IV of the Act of 1941, or any order made under that Part. (2) The term of office of the members of the council of every county and county borough current on the commencement of this section shall stand extended so as to be in accordance with the holding in the year 1998 of the elections of the members of such councils next after such commencement. (3) The appointments next after the commencement of this section under section 10 of the School Attendance Act, 1926 , shall be made in the year 1998 and shall be regarded as quinquennial appointments. (4) The term of office of the members of a harbour authority (within the meaning of the Harbours Act, 1946 ), other than those members referred to in section 15 , current on the commencement of this section shall stand extended so as to terminate in the year 1998 and be in accordance with this section and section 14 (2) of the Harbours Act, 1946 . (5) The term of office of the members of a vocational education committee, other than those members referred to in section 16 , current on the commencement of this section shall stand extended so as to terminate in the year 1998 and be in accordance with this section and section 10 (3) of the Vocational Education Act, 1930 . (6) In the Vocational Education Acts, 1930 to 1993, and in any order or regulation made thereunder, “election year” shall mean any year in which local elections are held pursuant to subsection (1). (7) The following subsection shall be substituted for subsection (2) of section 9 of the Harbours Act, 1946 : “(2) Every year which is a year in which elections of members of councils of counties are held shall be an election year in respect of a harbour authority.”. Times of poll. 21.—(1) The poll at local elections shall be held on such day and shall continue for such period, not being less than twelve hours, between the hours of 8.00 a.m. and 10.30 p.m., as may be fixed by the Minister by order, subject to the restriction that a day so fixed shall be in the month of June. (2) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made. Conduct of elections. 22.—(1) Local elections shall be held in accordance with regulations made by the Minister under this section and, if an election is contested, the poll shall be taken according to the system of proportional representation, each elector having one transferable vote. (2) Regulations under this section may, in particular and without prejudice to the generality of the foregoing subsection, include provision for all or any of the following matters in relation to local elections: (a) nominations, (b) deposits by candidates, (c) deaths of candidates, (d) duties of returning officers, (e) staff of returning officers, (f) taking of polls and counting of votes, (g) use, free of charge, of schools and public rooms, (h) arrangements for postal voting, (i) arrangements for special voting, (j) voting by persons in the employment of returning officers, (k) voting by physically ill or physically disabled electors, (l) polling on islands, (m) issue of polling information cards, (n) maintenance of secrecy of voting, (o) removal of persons misconducting themselves in polling stations, (p) procedure in cases of disorder or obstruction, (q) interference with ballot boxes or ballot papers, (r) the persons who are to be aldermen and their number, (s) election of the same person in more than one local electoral area, (t) adaptation of enactments, (u) the manner in which the costs of local elections are to be paid by local authorities, (v) provisions corresponding to sections 60 , 105 , 134 to 154 , 156 to 160 and 163 of the Electoral Act, 1992 , with such modifications as appear to the Minister to be appropriate. (3) Where a provision of regulations under this section corresponds to a provision of the Electoral Act, 1992 which declares a matter to be an electoral offence, the regulations may provide for a corresponding offence in relation to local elections and lay down a penalty therefor which shall not exceed the relevant penalty specified in section 157 of that Act. (4) Regulations made under sections 82 and 86 of the Electoral Act, 1963 (repealed by this Act) and in force at the commencement of this section shall continue in force and shall have effect as if made under this section. (5) Where regulations under this section are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House. (6) No local election shall be invalid by reason of non-compliance with any regulation under this section, or any mistake in the use of forms provided for by any such regulation, if it appears to the court having cognisance of the question that the election was conducted in accordance with the principles laid down in the regulations under this section taken as a whole, and that the non-compliance or mistake did not affect the result of the election. (7) Regulations under this section shall apply to a new election under Part IV of the Act of 1941. (8) In this section “transferable vote” has the meaning assigned to it in section 37 of the Electoral Act, 1992 . (9) A decision to issue polling information cards in accordance with regulations under this section shall be a reserved function. Right to vote at local elections. 23.—(1) For the purposes of this section and subject to this Part and regulations made thereunder, every person whose name is on the register of local government electors prepared under Part II of the Electoral Act, 1992 (“the register”) for the time being in force for a local electoral area, and no other person, shall be entitled to vote at the poll at a local election in that area. (2) A person's name shall be taken to be on the register if it includes a name which, in the opinion of the returning officer or presiding officer, was intended to be the person's name. (3) A person who has voted at a local election shall not in any legal proceeding be required to state for whom he or she has voted. (4) A person— (a) who is registered in the register for the time being in force for a local electoral area but is not entitled to be so registered, or (b) who is not registered in the register, shall not vote at the poll at a local election in that area. (5) Nothing in this section shall be construed as entitling any person to vote who is not entitled to do so, or as relieving that person from any penalties to which that person may be liable for voting. Local electoral areas. 24.—(1) The Minister may by order— (a) subject and without prejudice to Part V of the Act of 1991, divide a county, county or other borough or urban district into local electoral areas, and (b) of the members of the council, fix the number of such members to be elected for each electoral area and in the case of a county or other borough, the numbers of those members who are to be aldermen. (2) The number of members of a council of a county, county or other borough or urban district 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 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, county or other borough or urban district into local electoral areas or fixing the number of members for each electoral area, the order shall continue in force in relation to the county, county or other borough or urban district 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, county or other borough or urban district 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 the county, county or other borough or urban district, or (b) in the case of a county or other borough, alter the number of such members who are to be aldermen. (5) An order under this section shall have effect for the purpose of the election of members of the council of that county, county or other borough or urban district held next after the order is made and thereafter. (6) Subject to the foregoing provisions of this section at every election of the members of any council of a borough or of an urban district which is not divided into local electoral areas and at every election of the commissioners of a town, there shall be one electoral area which shall, subject to section 17 , consist of the area of such borough, urban district or town (as the case may be) and all such members shall be elected for such electoral area. PART IV Cathaoirleach and Leas-Chathaoirleach Cathaoirleach and Leas-Chathaoirleach. 25.—(1) There shall be a Cathaoirleach and Leas-Chathaoirleach of each local authority elected from amongst the members of the authority. (2) (a) A local authority shall, subject to paragraph (b), from amongst its members at every annual meeting elect a Cathaoirleach and Leas-Chathaoirleach. (b) A member of a local authority who is for the time being under the Standing Orders of either House of the Oireachtas entitled to sit therein, shall, subject to paragraph (c), while so entitled, be disqualified for being elected or for being a Cathaoirleach or Leas-Chathaoirleach of a local authority. (c) Paragraph (b) shall have effect for the purposes of the election of a Cathaoirleach and Leas-Chathaoirleach following the local elections referred to in section 20 and thereafter and accordingly an order may not be made under section 3 (1) bringing that paragraph into operation as regards any member of a local authority prior to those elections. (3) The Cathaoirleach and Leas-Chathaoirleach of— (a) Dublin City Council and of Cork City Council shall each be known as the Lord Mayor or Deputy Lord Mayor as the case may be of that city, (b) any other city council shall be known as the Mayor or Deputy Mayor of that city, (c) any borough council shall be known as the Mayor or Deputy Mayor of the borough. (4) Any reference in any other enactment to lord mayor, mayor, chairman, deputy lord mayor, deputy mayor or vice-chairman shall, where the context so requires, be construed as a reference to the Cathaoirleach or Leas-Chathaoirleach, as the case may be. (5) Anything authorised or required by law to be done by, to or before the Cathaoirleach may be done by, to or before the Leas-Chathaoirleach of the authority. (6) The Cathaoirleach may, from among the members of the local authority (including the Leas-Chathaoirleach), nominate a member for the purpose of representing the Cathaoirleach at any ceremony or event in that capacity and that member shall be entitled to act in that capacity for such purpose. (7) Where a casual vacancy occurs in the office of Cathaoirleach of a local authority, the Leas-Chathaoirleach shall assume the responsibilities of the office until the members of the authority elect a Cathaoirleach. Method of election of Cathaoirleach. 26.—The election of a Cathaoirleach shall be carried out in accordance with and subject to such arrangements as may be prescribed for that purpose. Term of office of Cathaoirleach or Leas-Chathaoirleach. 27.—(1) Subject to subsection (2), a member who holds the office of Cathaoirleach or Leas-Chathaoirleach shall, unless he or she becomes disqualified under section 25 (2) (b), or resigns under section 28 , hold that office from election until a successor is elected at the annual meeting of the local authority next after that member's election to that office save that in an election year notwithstanding subsection (2), the provisions of subsection (3) shall apply in respect of a Cathaoirleach. (2) Save as is provided for in subsection (3), the Cathaoirleach or Leas-Chathaoirleach of a local authority shall, upon ceasing to be a member of the authority, cease to be Cathaoirleach or Leas-Chathaoirleach of the authority. (3) In an election year a Cathaoirleach shall continue to hold that office during the period between the retirement (following the local elections) of the outgoing members and the commencement of the meeting at which a successor is elected to the office of Cathaoirleach unless he or she sooner dies or resigns from the office or becomes disqualified for local authority membership. (4) An outgoing Cathaoirleach or Leas-Chathaoirleach shall, subject to the provisions of this Act, be eligible for re-election. Resignation of Cathaoirleach or Leas-Chathaoirleach. 28.—The Cathaoirleach or the Leas-Chathaoirleach may, by notice in writing delivered to the principal offices of the local authority, resign from that office and the resultant vacancy shall occur on the day of receipt of such notice. Casual vacancy in the office of Cathaoirleach or Leas-Chathaoirleach. 29.—(1) Where a casual vacancy occurs in the office of Cathaoirleach or Leas-Chathaoirleach of a local authority the members of the authority present at the meeting of the authority next after the occurrence of the vacancy, or, if that meeting is held within 14 days of the occurrence of the vacancy, at the next following meeting of the authority, shall elect one of their number to be Cathaoirleach or Leas-Chathaoirleach, as the case may be. (2) Section 26 shall apply in relation to the election of a member to fill a casual vacancy in the office of Cathaoirleach. (3) A person elected to fill a casual vacancy in the office of Cathaoirleach or Leas-Chathaoirleach shall be elected for the remainder of the term of office of his or her predecessor. (4) Not less than three clear days' notice shall be given to each member of the local authority of a meeting to fill a casual vacancy pursuant to this section. PART V Meetings and Procedures of Local Authorities Meetings and procedures of local authorities. 30.—(1) The Minister may by regulations make provision in respect of all or any local authorities with respect to meetings and procedures or to any matter arising in connection therewith or related thereto. (2) Without prejudice to the generality of subsection (1) regulations under this section may, in particular, include provision in respect of— (a) annual meetings, estimates meetings, ordinary meetings, special or other specified meetings, (b) business of meetings, (c) place, date and time of meetings, (d) notice of meetings, (e) summons and agenda, (f) quorum, (g) failure to hold a meeting, (h) commencement and termination of meetings, (i) chairman of meeting, (j) doing of acts, deciding of questions and methods and procedures for voting generally or in respect of specified matters, (k) disclosure of specified interests, (l) consideration of motions generally or motions under specified enactments or in respect of specified matters, (m) adjournment, (n) disorderly conduct, (o) record of attendance, (p) minutes, (q) attendance of persons other than members of the relevant local authority, (r) standing orders and specified matters to be included therein, (s) the application of any provision of the regulations to specified bodies, and (t) specified conditions or requirements to apply in relation to any matter which is the subject of the regulations. (3) Upon the commencement of regulations under this section, the matters with respect to which the regulations were made shall, as respects any local authority to which the regulations apply, be governed by the provisions of the regulations, and such previous provisions (whether made by or under statute) as may be specified in the regulations applying to that authority and relating to those matters shall cease to have effect as respects that authority to such extent as may be so specified. PART VI Amenity, Recreation, Library and other Functions Provision of amenities, facilities, etc. 31.—(1) A local authority may, pursuant to section 6 of the Act of 1991, on and from the commencement of this section, take such measures, engage in such activities or do such things (including the incurring of expenditure) as it considers necessary in relation to matters mentioned in subsection (2), in accordance with and subject to the provisions of the said section 6, which section shall be so construed and have effect accordingly. (2) The matters referred to in subsection (1) are the provision of— (a) amenities, facilities and services related to— (i) artistic and cultural activities, (ii) sports, games and similar activities, (iii) general recreational and leisure activities, (iv) civic improvements, (v) environmental and heritage protection and improvement, and (vi) the public use of amenities, including, without prejudice to the generality of the foregoing subparagraphs, the provision of any thing specified in the Fourth Schedule in respect of those subparagraphs, (b) allotments, fairs and markets and amenities, facilities and services related thereto, and (c) facilities and services related to the promotion of public safety, including— (i) fire safety, (ii) road safety, (iii) water safety and rescue and mountain and cave safety and rescue. (3) A local authority may make such charges for the use of, admission to or otherwise in relation to amenities, facilities, services or any other thing provided under section 6 of the Act of 1991 (whether as extended by this section or otherwise) as it considers appropriate. (4) The repeal by this Act of any enactment under which an amenity, facility, service, allotment or any other thing was provided prior to such repeal by a local authority shall not affect the continuing provision of such thing by that local authority and the provisions of this section shall apply thereto. (5) Nothing in this section shall be construed as limiting the operation of section 6 of the Act of 1991. Library authorities. 32.—(1) Each of the following shall be a library authority— (a) the council of a county, and (b) the corporation of a county borough. (2) A joint library committee standing established at the commencement of this section under any of the enactments repealed under section 4 shall continue to stand so established after such repeal as if it had been established under section 38 of the Act of 1991 and Part VI of that Act shall, on the commencement of this section, apply and have effect accordingly in relation to such joint library committee. Powers of library authorities. 33.—(1) A library authority may take such measures, engage in such activities or do such things in accordance with law (including the incurring of expenditure) for the provision of library services as it considers necessary or desirable. (2) A library authority may, in particular, arrange for the provision of— (a) premises and facilities (including mobile facilities) for the borrowing of and reference to books, other printed matters, tapes, discs, slides, videos and such other material as is considered appropriate, (b) activities and events of educational, cultural, recreational or similar interest, (c) such information services as can in its opinion be supplied in conjunction with its functions as a library authority. (3) A library authority shall not by virtue of subsection (1) or (2) undertake any activity which in its opinion would unnecessarily duplicate activity arising from the performance of a statutory function by any other public authority or person. (4) A library authority may make such arrangements as it considers desirable for the provision of library services to any other library authority, public authority or other body (including a school) or by any such body to that library authority. (5) A library authority shall from time to time prepare and adopt a programme for the operation and development of its library service. (6) A library development programme shall include— (a) an outline of the existing service; (b) the development objectives and priorities for the library service; (c) the measures taken or proposed to be taken to secure those objectives; (d) the financial or other implications of the programme; (e) such other matters as are considered necessary by the library authority or as the Minister may specify. (7) The adoption of a library development programme shall be a reserved function. (8) For the avoidance of doubt it is hereby declared that a library authority shall, following the repeal by this Act of the Public Libraries (Ireland) Act, 1855, have power to acquire land, by agreement or compulsorily. An Chomhairle Leabharlanna. 34.—(1) In this section “the Act of 1947” means the Public Libraries Act, 1947 . (2) Notwithstanding the repeal of the Act of 1947 by section 4 , the body known as An Chomhairle Leabharlanna (“the Council”) standing established at the commencement of this section shall continue to stand established and shall continue to be a body corporate with perpetual succession and a seal, and power to sue and be sued in its corporate capacity and hold land. (3) Judicial notice shall continue to be taken of the seal of the Council, and every document purporting to be sealed with the seal of the Council and to be authenticated in the manner prescribed shall, unless the contrary is proved, be deemed to have been duly and lawfully s …