Local Government Act 2001

(4)(a) Subject to paragraph (b), any provision provided for by or under statute relating to meetings and proceedings of a joint body to which that paragraph relates, and in force immediately before the commencement of this provision, continues in operation until it ceases to have effect under paragraph (b).

(b) On the commencement of regulations under subsection (3), the matters with respect to which the regulations were made are governed by those regulations, and any previous provisions (whether made by or under statute) as may be specified in those regulations relating to those matters cease to have effect as respects the body mentioned in the regulations to such extent as may be so specified.

45. Attendance of public and media at meetings.

45.—(1) In this section—

“media” includes accredited representatives of local and national press, local and national radio and local and national television;

“members of the public” means any person who is not attending the meeting at the request of the local authority.

(2) Subject to subsections (3) and (5), members of the public and representatives of the media are entitled to be present at a meeting of a local authority.

(3) Where a local authority is of the opinion that the absence of members of the public and representatives of the media from the whole or any part of a particular meeting is desirable because—

(a) of the special nature of the meeting, or of an item of business to be, or about to be, considered at the meeting, or

(b) for other special reasons,

the authority may by resolution decide to meet in committee for the whole or a part of the meeting concerned, where the authority considers that such action is not contrary to the overall public interest.

(4) (a) It is necessary for the passing of a resolution under subsection (3) that at least one-half of the total number of members of the local authority concerned vote in favour of the resolution.

(b) A resolution under subsection (3) shall indicate in a general way the reasons for the resolution and those reasons shall be recorded in the minutes of the meeting.

(5) A local authority may, by standing orders, regulate the right of members of the public and representatives of the media to be present at meetings and, in particular and without prejudice to the generality of the foregoing, may—

(a) taking account of available space, limit the number of persons to be admitted,

(b) make rules governing the conduct of persons present at meetings,

(c) provide for the removal of members of the public who interrupt the proceedings or who otherwise misconduct themselves, or

(d) make rules in relation to the taking of photographs or the use of any means for recording or relaying the proceedings as they take place or at a later stage.

(6) Nothing in subsection (5), other than paragraph (a), shall be read so as to enable a local authority to limit the attendance of representatives of the media, and paragraph (a) shall not be read as enabling a local authority to prohibit the attendance of such representatives.

46. Meetings administrator.

46.—The F74[chief executive] shall from time to time as may be necessary assign the duties of meetings administration to an employee (referred to in this Act as a “meetings administrator”) of a local authority.

47. Effective discharge of business.

F75[47.—A local authority shall seek to secure as regards—

(a) the establishment of committees underPart 7, and

(b) meetings of the authority and each of its committees and municipal district members,

that they are organised and operate so as to promote effectiveness and efficiency in the discharge of business.]

PART 7 Committees and Joint Committees

48. Strategic policy committees.

48.—(1) A local authority, F76[…] shall establish by resolution committees to be known as strategic policy committees to consider matters connected with the formulation, development, monitoring and review of policy which relate to the functions of the local authority and to advise the authority on those matters.

F77[(1A) One of the committees established undersubsection (1)shall be to consider matters which relate to the functions of the local authority in relation to economic development and matters connected to the promotion of, including support for, enterprise, and to advise the authority on those matters.]

(2)(a) A strategic policy committee consists partly of persons who are and partly of persons who are not members of the local authority concerned.

(b) The chairperson of a strategic policy committee shall be a member of the local authority concerned.

(3)(a) The establishment of a strategic policy committee shall be undertaken by the local authority in accordance with such guidelines as may be issued by the Minister for that purpose under section 54(2).

(b) Guidelines referred to in paragraph (a) shall include provision for—

F78[(i) the representation of each local community development committee established in accordance withsection 49Aand of sectoral interests,]

(ii) the term of office of—

(I) members of strategic policy committees, and

(II) chairpersons, which shall not be less than 3 years,

and

(iii) the procedures to apply to ensure fairness and equity in the appointment of chairpersons.

F77[(ba) Guidelines referred to inparagraph (a)may include—

(i) provisions for procedures for presentation of proposals to the local authority concerned connected with the formulation, development, monitoring and review of policy for the purposes of this section,

(ii) provisions relating to the format, content and layout of any particular class or classes of policy papers and other documents (including the preparation of preliminary documents) prepared by or presented to the strategic policy committee, and

(iii) provisions for procedures to ensure that sufficient time for input by the strategic policy committee into policy papers is provided prior to completion and subsequent presentation to the local authority concerned.

(bb) Guidelines referred to inparagraph (a)may apply to local authorities generally, to any class or classes of local authorities specified in the guidelines or to a particular local authority so specified and shall, in so far as the guidelines relate to them, be complied with by every local authority, chief executive, strategic policy committee and municipal district member.]

(c) Any guidelines issued by the Minister prior to the commencement of this section and relating to strategic policy committees continue to apply until such time as guidelines are issued under section 54(2).

F77[(3A)(a) For the purposes of assisting a strategic policy committee in considering matters in accordance withsubsections (1)and(1A)the committee may request the attendance of a public authority at a meeting of the committee.

(b) Where a public authority refuses or otherwise fails to attend a meeting of a strategic policy committee following a request by the committee, then the chairperson of the committee—

(i) may report such refusal or failure to a meeting of the local authority, and

(ii) where so reported, shall provide the meeting of the local authority with any explanation furnished by the public authority for so refusing or failing to attend.

(c) Where any refusal or failure by a public authority is reported to a local authority underparagraph (b), then the local authority may report such refusal or failure, together with any explanation furnished by the public authority, to any Minister of the Government—

(i) on whom functions relating to the public authority concerned stand conferred, or

(ii) who has general responsibility for the public authority concerned.

(3B) When formulating, developing, adopting, monitoring and reviewing policies which relate to the functions of a local authority each strategic policy committee of the local authority shall have regard to the regional spatial and economic strategy of the appropriate regional assembly.]

(4) Subject to subsection (5), a member of a local authority who is a member of either House of the Oireachtas is disqualified from being elected or from being a chairperson of a strategic policy committee.

(5) Subsection (4) has effect for the purposes of any election of a chairperson of a strategic policy committee held after the commencement of this section.

(6) An annual report of a local authority shall include an outline of the activities of strategic policy committees during the period to which the annual report relates.

F79[(7) On the commencement ofsection 2of the Local Government (No. 2) Act 2003,subsections (4)and(5)cease to apply.]

49. Municipal policy committees.

49.—F80[…]

49A. F81[Local Community Development Committees

49A.—(1) Subject tosubsection (3), there shall be established, in accordance with this section andChapter 2ofPart 13(including any regulations made or general policy guidelines issued under that Chapter) by resolution of each local authority in respect of its administrative area a committee, to be known as the Local Community Development Committee, for the purposes of developing, co-ordinating and implementing a coherent and integrated approach to local and community development.

(2) Subject to this section andChapter 2ofPart 13, each Local Community Development Committee is independent in the performance of its functions.

(3) Where the Minister has approved in writing a proposal by a local authority for the establishment of more than one Local Community Development Committee within its administrative area, the local authority may by resolution establish such number of Committees so proposed.

(4) A local authority may, by resolution and with the prior approval of the Minister in writing, dissolve a Local Community Development Committee established by it but the dissolution is without prejudice to anything previously done by such Committee.

(5) A Local Community Development Committee dissolved in accordance withsubsection (4)shall be replaced by resolution of the local authority concerned—

(a) wheresubsection (3)applies, by such number of Local Community Development Committees as are approved by the Minister for establishment under that subsection, or

(b) in any other case, by a new Local Community Development Committee.

(6) Except where a Local Community Development Committee would stand dissolved in accordance withsubsection (4)in respect of a day that would be the ordinary day of retirement of the members of the local authority concerned, a Local Community Development Committee shall, notwithstandingsection 51(6), continue to stand established on and following that day.

(7) An annual report of a local authority shall include an outline of the activities of each Local Community Development Committee within the authority’s functional area during the period to which the annual report relates.

(8)Section 45shall not apply to meetings of the Committee.]

50. Area committees.

F82[50.—(1) A local authority to which this section applies may establish by resolution a committee in respect of a local electoral area or of 2 or more adjoining such areas or any other area in its administrative area to be known by some appropriate name followed by the words "Area Committee", or by such other title, as may be designated by the authority.

(2) This section applies to the following local authorities:

(a) Cork City Council;

(b) Dublin City Council;

(c) Dun Laoghaire-Rathdown County Council;

(d) Fingal County Council;

(e) Galway City Council;

(f) South Dublin County Council.]

51. Committees of local authorities.

51.—(1) If a local authority considers it appropriate, it may by resolution establish either or both—

(a) one or more than one committee to consider matters connected with the functions of the authority referred to it by the authority and to assist and advise the authority on those matters, and

(b) one or more than one committee to perform functions of the authority delegated to it under this section but may not delegate generally all of its functions to any committee.

(2) (a) A local authority may, by resolution, delegate with or without restrictions to a committee established under subsection (1)(b) any of its functions that may be performed by resolution other than—

(i) the power to adopt the local authority budget,

(ii) the power to make a development plan, or to make a variation of a development plan, under F83[Part 3 of the Act of 2024],

(iii) the power to determine an annual rate on valuation or borrow money, or

(iv) any other functions as may be prescribed by regulations made by the Minister.

(b) It is necessary for the passing of a resolution under paragraph (a) that at least one-half of the total number of members of the local authority concerned vote in favour of the resolution.

(3) A local authority may, by resolution, dissolve a committee established by it but the dissolution is without prejudice to anything previously done by the committee.

(4) (a) The members of a committee first appointed shall be appointed by resolution of the local authority by which it was established and subsequent appointments shall be by such resolution or in such other manner as that local authority may provide for by resolution.

(b) A committee consists of such number of persons, not being less than 3, as the local authority by which it was established considers appropriate.

(c) Subject to paragraph (d), a committee may at the discretion of the local authority by which it was established, consist either wholly of persons who are members of that authority or partly of persons who are, and partly of persons who are not, such members.

(d) A person who is not a member of the local authority concerned shall not be appointed to be a member of a committee unless, in the opinion of the authority, he or she is a person having knowledge, qualifications or experience relevant to the functions of the committee.

(5) Notwithstanding the repeal or revocation under section 5 of an enactment by or under which a committee of a local authority stood established immediately before such repeal or revocation the committee shall continue to stand established after such repeal or revocation as if it was established under this section and this Part applies and has effect accordingly in relation to it.

(6) Unless dissolved in accordance with subsection (3) a committee shall be deemed to be dissolved on the ordinary day of retirement of members of the local authority concerned in accordance with section 17.

(7) A reference to a committee in this section includes a committee established under section 50.

(8) Nothing in this section prejudices the establishment and continued operation of a local consultative committee.

52. Joint committees of local authorities.

52.—(1) In this section “local authority” includes such other bodies (if any) as may be prescribed by regulations made by the Minister.

(2) If 2 or more local authorities consider it appropriate to do so, they may, by resolution of each of the authorities, jointly establish either or both—

(a) a joint committee of those authorities to consider matters connected with the functions of the authorities specified in the resolution and to advise the authorities on those matters, and

(b) a joint committee of those authorities to perform functions of those authorities delegated to it by them under subsection (6).

(3) A local authority may join in the establishment of more than one joint committee.

(4) More than one joint committee may be established by the same local authorities.

(5) Where resolutions under subsection (2)(b) relating to a joint committee, with the consent of the Minister, so provide—

(a) the joint committee shall be a body corporate with perpetual succession and be known by such name as may be specified in the resolutions or determined by the joint committee,

(b) the joint committee may sue and be sued in its corporate name,

(c) the joint committee has power to acquire, hold, manage, maintain and dispose of land or an interest in land,

(d) the joint committee shall have a common seal which shall be authenticated by the signature of the chairperson, or of an employee nominated in writing for that purpose by the F84[chief executive], following consultation with the chairperson,

(e) judicial notice shall be taken of the seal of the joint committee and every document claiming to be an instrument made by it and to be sealed with its seal, claiming to be authenticated in accordance with paragraph (d), shall be received in evidence and be deemed to be that instrument without further proof unless the contrary is shown.

(6)(a) Subject to this subsection a local authority by resolution, and with the consent of the other authorities concerned, may delegate with or without restrictions to a joint committee established under subsection (2)(b) any of its functions that may be performed by resolution.

(b) Paragraph (a) does not apply to the functions of a local authority to adopt the local authority budget or to determine an annual rate on valuation or any other functions as may be prescribed by regulations made by the Minister.

(c) It is necessary for the passing of a resolution under paragraph (a) that at least one-half of the total number of members of the local authority concerned vote in favour of the resolution.

(7) The Minister may direct a local authority—

(a) to establish a joint committee under subsection (2) with one or more other local authorities as may be specified in the direction, and

(b) where appropriate, subject to such (if any) conditions or restrictions as may be specified in the direction, to delegate to the joint committee such of the functions of the local authority as may be specified in the direction,

upon and subject to such terms and conditions as may be specified in the direction.

(8) A joint committee may be dissolved by resolution of any one of the local authorities by which it was established with, in the case of a joint committee established by virtue of a direction under subsection (7), or to which subsection (5) applies, the consent of the Minister, but the dissolution is without prejudice to anything previously done by the committee.

(9) Where a joint committee is established under subsection (2)(b) such executive functions as may be appropriate to the functions delegated under that subsection shall vest in the F84[chief executive] for that joint committee.

(10)(a) The members of a joint committee shall be appointed by the local authorities by which it was established by each authority appointing such number of persons to be members of the joint committee as may be agreed upon by those authorities.

(b) A joint committee consists of 6 or more persons, as is agreed by the local authorities by which it was established and may, subject to paragraph (c), at the discretion of those authorities, be composed either wholly of persons who are members of those authorities or partly of persons who are, and partly of persons who are not, such members.

(c) A person who is not a member of one of the local authorities concerned shall not be appointed to be a member of a joint committee unless, in the opinion of the authority by which he or she is so appointed, he or she possesses knowledge, qualifications or experience relevant to the functions of the joint committee.

(11)(a) Notwithstanding the repeal or revocation under section 5 of an enactment by or under which a joint committee of a local authority stood established immediately before such repeal or revocation, the committee shall continue to stand established after such repeal or revocation as if it was established under this section and this Part applies and has effect accordingly in relation to it.

(b) Except as provided for by this section or otherwise by law, it is not lawful for local authorities to establish a joint committee or to delegate any of their functions to a joint committee.

53. Saver for acts of committee or joint committee.

53.—The acts, decisions and proceedings of any committee or joint committee of a local authority shall not be invalidated only because of a vacancy or vacancies in its membership or of the disqualification or want of qualification of any of its members.

54. Regulations (Part 7).

54.—(1) The Minister may make regulations—

(a) specifying conditions, restrictions or other provisions which apply in relation to the delegation of functions to, or the revocation of a delegation of functions to, a joint committee to which section 52(2) applies or to a committee,

(b) as respects the procedures, general administration and general finances of joint committees to which section 52(2) applies,

(c) providing for the attendance of members of the public and representatives of the media at meetings of joint committees or committees other than those—

(i) specified in the regulations, or

(ii) at which the local authority concerned, in accordance with such procedures as may be specified in the regulations, determines such attendance is not permitted,

and section 45(3) and (4) shall apply to such attendance at meetings of joint committees or committees subject to any necessary modifications,

(d) as respects such other matters relating to joint committees or committees as the Minister considers appropriate.

(2) The Minister may issue general policy guidelines to local authorities for the purposes of any provision of this Part and the authorities shall comply with any such guidelines.

PART 8 Local Authority Boundary Alteration

55. Interpretation (Part 8).

55.—F85[…]

56. Proposal by local authority for alteration of boundary.

56.—F86[…]

57. Application for boundary alteration.

57.—F87[…]

58. Supplementary provision to sections 56 and 57.

58.—F88[…]

59. Minister may request review.

59.—F89[…]

60. Report by Local Government Commission.

60.—F90[…]

61. Power to alter boundaries, etc.

61.—F91[…]

62. Provisions consequential on boundary alteration.

62.—F92[…]

PART 9 Functions of Local Authorities

Chapter 1

63. Statement of local authority functions.

63.—(1) The functions of a local authority are—

(a) to provide a forum for the democratic representation of the local community, in accordance with section 64, and to provide civic leadership for that community,

(b) to carry out such functions as may at any material time stand conferred on the relevant authority by or under any enactment (including this Act and any other enactment whether enacted before or after this Act),

(c) to carry out any ancillary functions under section 65, and

(d) to take such action as it considers necessary or desirable to promote the community interest in accordance with section 66.

(2)(a) Without prejudice to the scope of subsection (1)(b) and for ease of reference only, there is set out—

(i) in Part 1 of Schedule 12, certain Acts of the Oireachtas, the responsibility for which is primarily that of the Minister, which confer functions on local authorities or on classes of local authorities, and

(ii) in Part 2 of Schedule 12, certain Acts of the Oireachtas, the responsibility for which is primarily that of a Minister of the Government other than the Minister, which confer functions on local authorities or on classes of local authorities.

(b) Paragraph (a) shall not be read as setting out all relevant Acts which confer functions on local authorities or on classes of local authorities.

(3) Subject to law, a local authority is independent in the performance of its functions.

F93[(4) Subject to law, the functions of a local authority shall be performed for or on behalf of the local authority and in its name by the elected council (including the municipal district members in respect of each municipal district pursuant tosection 131A) or the chief executive, as may be appropriate, in accordance withPart 14.]

64. Representational functions of local authorities.

64.—(1) As a forum for the democratic representation of the local community a local authority may represent the interests of such 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 administrative area of the authority and the local community,

(b) promote, organise or assist the carrying out of research, surveys (including public opinion surveys) or studies with respect to the local community or its administrative area,

(c) facilitate and promote interest and involvement in local government affairs generally,

(d) promote interest among young people in democracy and local government and in community and civic affairs generally,

(e) promote the use of the Irish language and support Gaeltacht communities.

(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 is a reserved function.

65. Ancillary functions of local authorities.

65.—(1) A local authority may do anything 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 the performance of such a function.

(2) The reference in subsection (1) to a function conferred on a local authority shall be read as including—

(a) all such functions as may at any material time stand conferred on the local authority by or under any enactment (including this Act and any other enactment whether enacted before or after this Act),

(b) the provision of offices, equipment or the doing of anything else which is necessary for or related to the general operation, organisation or administration of the authority.

(3) Every enactment relating to a function of a local authority shall be read and have effect in accordance with this section.

66. Promotion of interests of local community.

66.—(1) In this section “assistance in money or in kind” includes—

(a) grants, loans, guarantees or other financial aid,

(b) land and structures of any kind and related services, facilities or equipment,

(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.

(2) A decision by a local authority under this section to provide assistance in money or in kind to which paragraph (a), (b) or (e) of subsection (1) applies is a reserved function.

F94[(3)(a) Subject to this section, a local authority may 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 is deemed to promote the interests of the local community if it promotes, directly or indirectly—

(i) social inclusion or the social, environmental, recreational, cultural or community development, or

(ii) the general development including enterprise and economic development,

of the administrative area (or any part of it) of the local authority concerned or of the local community (or any group consisting of members of it).

(c) Nothing insubsection (4)orsection 66Bor67shall be read as restricting the generality or meaning of this subsection.]

(4) Without prejudice to the generality of subsection (3), a local authority may for the purposes of this section—

(a) carry out and maintain works of any kind,

(b) provide, maintain, manage, preserve or restore land, structures of any kind or facilities,

(c) fit out, furnish or equip any building, structure or facility for particular purposes,

(d) provide utilities, equipment or materials for particular purposes,

(e) 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,

(f) upon and subject to such terms and conditions as the authority considers appropriate, provide assistance in money or in kind (including the provision of prizes and other incentives) in respect of the organisation or promotion of competitions, seminars, exhibitions, displays, festivals or other events, or organise or promote such events,

(g) upon and subject to such terms and conditions as the authority considers appropriate, provide assistance in money or in kind to persons engaging in any activity that, in the opinion of the authority, benefits the local community,

(h) take such measures in relation to the matters mentioned in section 67 as it considers necessary or desirable,

(i) enter into such contracts and make such other arrangements (including the incorporation of one or more than one company) as the authority considers necessary or expedient either alone or jointly with any other local authority or public authority or any other person.

(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 Act (other than section 67) or of any other enactment.

(6) A local authority shall not, by virtue of this section, undertake or provide assistance in money or in kind for the undertaking of any activity that would—

(a) prejudice or unnecessarily duplicate activity arising from the performance of a statutory function by any person in the administrative area of the authority, or

(b) 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) The Minister may, with the consent of the Minister for Finance, prescribe by regulations matters in respect of which a local authority is not to exercise the functions conferred by this section or in respect of which such exercise is subject to terms or conditions set out in the regulations.

(8) 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 by regulations made by the Minister.

(9) There shall be recorded in the annual report of a local authority for every year expenditure and other particulars in relation to the performance of its functions under this section.

(10) 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 this section (including matters mentioned in section 67) as it considers appropriate.

F95[(11) A decision of a local authority to make a charge undersubsection (10)is a reserved function.

(12) The performance by a local authority of functions under this section is subject to the performance by a Local Community Development Committee of so much of those functions as are deemed to have been delegated to the Committee by virtue ofsection 128B(2).]

66A. F96[Interpretation (sections 66A to 66H)

66A.—In the relevant sections—

"Committee" means a local community development committee established pursuant tosection 49A;

"Plan" has the meaning assigned insection 66B;

"relevant sections" meanssections 66A to 66H.]

66B. F97[Local economic and community plan

66B.—(1) Each local authority shall make, in accordance withsection 66Cand any regulations made, or general policy guidelines issued, by the Minister for the purposes of that section, and the principles of sustainable development, a 6 year local economic and community plan (in this section referred to as the "Plan"), which shall be referred to as the "Local Economic and Community Plan", prefixed by the name of the local authority concerned, and the Plan shall be for—

(a) the promotion of economic development in its functional area, and

(b) the promotion of local and community development in its functional area.

(2) For the purposes ofsubsection (1), promotion of economic development includes but is not limited to—

(a) creating and sustaining jobs,

(b) promoting the interests of the community, including—

(i) enterprise and economic development across economic sectors,

(ii) foreign direct investment,

(iii) indigenous industry,

(iv) micro-enterprises and small and medium sized enterprises,

(v) tourism, and

(vi) agriculture, forestry and the marine sectors, and other natural resource sectors,

(c) identifying local attributes that are essential—

(i) to enhancing local economic performance, such as the quality of the environment and the qualities of cities, towns and rural areas, including—

(I) accessibility, physical character, and infrastructure,

(II) employment opportunities and quality of life,

and the means by which these may be utilised to enhance competitiveness, and be supported by investment decisions relating to economic infrastructure (including transportation, water services, energy, communications and waste management), together with social and cultural facilities, and

(ii) to promoting local economic activities,

(d) supporting enhancement of local innovation capacity, including investment in research and development capacity, technology transfer, up-skilling and re-skilling,

(e) identifying, for existing and prospective businesses, opportunities to engage with local government on relevant matters in setting up and managing their businesses and to ensure speedy and co-ordinated access and response,

(f) identifying local strengths and opportunities, weaknesses and deficiencies relevant to economic performance and—

(i) in relation to such strengths and opportunities having regard to economic and employment trends, the means of maintaining and augmenting them, and

(ii) in relation to such weaknesses and deficiencies, the means of addressing or rectifying them,

and

(g) identifying economic potential and the requirements to realise it.

(3) For the purposes ofsubsection (1), promotion of local and community development includes, but is not limited to—

(a) promoting and supporting the interests of local communities, or any part of a community or group within a local community, including measures to enhance quality of life and well-being of communities and measures aimed at—

(i) tackling poverty, disadvantage and social exclusion through support for basic services and other initiatives,

(ii) supporting training and up-skilling, creating and sustaining employment and self-employment opportunities, and investing in local development through community-focused supports and services, and

(iii) the provision of infrastructure and community facilities and investment in physical regeneration and environmental improvements,

(b) supporting the capacity of local communities to improve their quality of life,

(c) supporting social enterprise, social capital, volunteering and active citizenship,

(d) developing integrated and evidenced-based approaches to local service planning and delivery,

(e) identifying the needs and priorities of local communities to enhance their well-being, and developing sustainable solutions that make the best use of local assets, strengths and opportunities to address those needs and priorities,

(f) exploiting and co-ordinating funding sources from the public, private and community and voluntary sectors to stimulate and support local development and sustainability, and

(g) promoting, supporting and facilitating community involvement in policy development and decision-making processes related to the planning, development and delivery of services.

(4) Every Plan made pursuant tosubsection (1)shall be consistent with—

F98[(a) the integrated overall strategy and the objectives of the development plan (being the development plan for the purposes of Chapter 5 of Part 3 of the Act of 2024) of the local authority concerned, and]

F99[(b) any regional spatial and economic strategy (being a strategy for the purposes of Chapter 4 of Part 3 of the Act of 2024)]

that apply to the area of the Plan, and shall consist of a written statement which may include objectives for the sustainable development of the area of the Plan.

(5)(a) Without prejudice tosubsections (2)and(3), the Plan to whichsubsection (1)relates shall include and integrate—

(i) economic elements in respect of local economic development, and

(ii) community elements in respect of local and community development.

(b) Each local authority shall, without prejudice to and, in accordance with section 66C and any regulations made or policy guidelines issued by the Minister for that purpose, draft the economic elements of the Plan.

(c) Each Committee shall, without prejudice to and, in accordance withsections 66Cand128Band any regulations made or policy guidelines issued by the Minister for that purpose, draft, adopt and obtain approval for the community elements of the Plan.]

66C. F100[Preparation and making of local economic and community plans

66C.—(1) A local authority and a Committee shall, in preparing the economic and community elements of a Plan, have regard to—

(a) the need to integrate sustainable development considerations into the Plan,

(b) the resources, wherever originating from, that are available or likely to become available to it for the purpose of the Plan and the need to secure the most beneficial, effective and efficient use of such resources,

(c) the need for co-operation with, and the co-ordination of its activities with those of other local authorities, public authorities and publicly funded bodies, the performance of some of whose functions affect or may affect the local authority and the Committee,

(d) the need for consistency with the policies and objectives of the Government or any Minister of the Government or other public authority in so far as they may affect or relate to the promotion of economic and community development as provided for insections 66B(2)and66B(3), and

(e) the need to integrate the economic and community elements, developed in accordance with the provisions ofsubsections (2)and(3), into the Plan.

(2)(a) Each local authority in developing the economic elements of the Plan shall, in accordance with regulations made by the Minister undersection 66H—

(i) consult with members of the public (in this subsection referred to as a "public consultation process") by publishing a public notice (which notice may be given by means of the internet or otherwise) inviting them to make observations or other submissions in writing to the local authority in relation to its proposed development of those elements of the Plan and, in relation to the observations and other submissions so made—

(I) prepare and publish a report on them, and

(II) have regard to them when preparing the economic elements of the Plan,

(ii) consult with those public authorities and publicly funded bodies exercising functions that, in the local authority’s opinion, have a contribution to make or are making to economic development within the functional area of that local authority, and

(iii) consult with any person or body prescribed by regulations made by the Minister undersection 66H.

(b) Following consultations in accordance withparagraph (a), the local authority concerned shall submit a draft of the economic elements of the Plan for consideration—

(i) in respect of each municipal district concerned, by the municipal district members, and

(ii) by the regional assembly for the region within which the local authority is located pursuant tosection 43of theLocal Government Act 1991,

and each shall adopt a statement on the draft for consideration by the elected council of that local authority and by the Committee.

(c) The consideration of the economic elements of a draft of the Plan by the regional assembly, the municipal district members, in accordance withpararaph (b), and the Committee, in accordance withsection 128B(1) (h), shall relate to its consistency with—

F101[(i) the integrated overall strategy and the objectives of the development plan (being the development plan for the purposes of Chapter 5 of Part 3 of the Act of 2024) of the local authority concerned,]

F102[(ii) any regional spatial and economic strategy (being a strategy for the purposes of Chapter 4 of Part 3 of the Act of 2024), that may apply, and]

(iii) the community elements of a draft of the Plan submitted by the Committee in accordance withsubsection (3)(b).

(d) The adoption by the municipal district members of a statement underparagraph (b)is a reserved function.

(3)(a) The Committee, in developing the community elements of the Plan shall, in accordance with regulations made by the Minister undersection 66H—

(i) consult with members of the public (in this subsection referred to as a "public consultation process") by publishing a public notice (which notice may be given by means of the internet or otherwise) inviting them to make observations or other submissions in writing to the local authority in relation to its proposed development of those elements of the Plan and, in relation to the observations and other submissions so made—

(I) prepare and publish a report on them, and

(II) have regard to them when preparing the community elements of the Plan,

(ii) consult with those public authorities and publicly funded bodies exercising functions that, in the local Committee’s opinion, have a contribution to make or are making to community development to or within, the area of the Committee, and

(iii) consult with any person or body prescribed by regulations made by the Minister undersection 66H.

(b) Following consultations in accordance withparagraph (a), the Committee concerned shall submit a draft of the community elements of the Plan for consideration—

(i) in respect of each municipal district concerned, by the municipal district members, and

(ii) by the regional assembly for the region within which the local authority, to which the Committee relates, is located pursuant tosection 43of theLocal Government Act 1991,

and each shall adopt a statement on the draft for consideration by the elected council of that local authority.

(c) The consideration of the community elements of a draft of the Plan by the regional assembly, the municipal district members, in accordance withparagraph (b), and the local authority concerned, in accordance withsubsection (4)(a), shall relate to its consistency with—

F101[(i) the integrated overall strategy and the objectives of the development plan (being the development plan for the purposes of Chapter 5 of Part 3 of the Act of 2024) of the local authority concerned,]

F102[(ii) any regional spatial and economic strategy (being a strategy for the purposes of Chapter 4 of Part 3 of the Act of 2024), that may apply, and]

(iii) the economic elements of a draft of the Plan prepared in accordance withsubsection (2)(b).

(d) The adoption by the municipal district members of a statement underparagraph (b)is a reserved function.

(4)(a) Following the adoption of statements provided for insubsections (2)(b)and(3)(b)and any statement adopted by the Committee, the Plan (including any Plan amended consequent tosubparagraph (i), or new Plan made consequent tosubparagraph (ii)ofsection 66F(b)) shall integrate the economic and community elements and that Plan shall be made by the elected council of the local authority, with or without amendment, and any amendment by it shall relate only to the consistency of the Plan with—

F101[(i) the integrated overall strategy and the objectives of the development plan (being the development plan for the purposes of Chapter 5 of Part 3 of the Act of 2024) of the local authority concerned that apply to the area of the Plan, and]

F102[(ii) any regional spatial and economic strategy (being a strategy for the purposes of Chapter 4 of Part 3 of the Act of 2024), that apply to the area of the Plan.]

(b) The making of the Plan underparagraph (a)by the elected council of the local authority is a reserved function.]

66D. F103[Publication of local economic and community plans

66D.—As soon as may be after the making of a Plan undersection 66C, a copy of it—

(a) shall be made available at the principal offices of the local authority and on its internet website,

(b) shall be furnished to the Minister, and

(c) may be inspected by any member of the public during normal opening hours, and purchased at a price not exceeding the reasonable cost of reproduction.]

66E. F104[Implementation of the economic elements of local economic and community plans

66E.—(1) Without prejudice to the implementation of the community elements of the Plan in accordance withsection 128B, each local authority shall—

(a) implement, or arrange for the implementation of the economic elements of the Plan as made in accordance withsection 66C,

(b) co-ordinate, manage and oversee the implementation of the economic elements of the Plan and any projects or programmes prepared to support or advance the implementation of the economic elements of the Plan that have been either—

(i) approved by resolution from time to time for that purpose by the local authority concerned in respect of all or part of its administrative area, or

(ii) agreed for that purpose between the local authority and a public authority,

and ensure that any plans and strategies related to those projects or programmes are implemented in accordance with the economic elements of the Plan,

(c) seek to ensure effectiveness, consistency, co-ordination and avoidance of duplication between the economic development programmes to whichparagraph (b)applies and the functions of the local authority in relation to promoting the interests of local communities or in other related functions undersections 66and66Bor otherwise, and

(d) in addition to those projects or programmes to whichparagraphs (b)and(c)apply, pursue the co-ordination generally of all economic development programmes within the functional area of the local authority, for the purposes of—

(i) supporting or advancing the implementation of the economic elements of the Plan or optimising resources for the benefit of local communities in that area, and

(ii) improving the efficiency with which public authorities use their resources.

(2) For the purposes ofsubsection (1), each local authority shall prepare, review and update, as appropriate, on an annual basis an implementation strategy.

(3) The making and amendment of an implementation strategy is a reserved function.]

66F. F105[Monitoring and review of economic elements of local economic and community plans

66F.—Without prejudice to the monitoring and review of the community elements of the Plan in accordance withsection 128B, each local authority shall—

(a) monitor and review on an ongoing basis the implementation of the economic elements of the Plan, including performance against any benchmarks or indicators of performance set out in it and, if the local authority considers appropriate, to revise the actions, plans and strategies set to achieve its objectives,

(b) undertake a review of the economic elements of the Plan at least once within the period of 6 calendar years after it was made or last amended for the purposes of this paragraph and, if the local authority considers it necessary after any such review—

(i) to amend the economic elements of the Plan, or

(ii) to make new economic elements of the Plan for approval by the local authority in accordance with the provisions ofsection 66C,

and any such amendment or making shall be in accordance with any regulations made, or general policy guidelines issued, by the Minister for that purpose.]

66G. F106[Annual Report on monitoring and review of local economic and community plans

66G.—Each local authority shall include in its annual report an assessment in relation to the implementation and, where appropriate, review of its Plan in accordance withsections 66E,66Fand128Bduring the year immediately preceding the year in which the report is submitted.]

66H. F107[Regulations and general policy guidelines

66H.—(1) The Minister may, following consultation with such public authorities as he or she considers appropriate, make regulations for the purposes of the relevant sections andsections 128Bto128Feither generally or in relation to a regional assembly or a local authority or a Committee or to a particular class or classes of regional assemblies or local authorities or Committees and each regional assembly, local authority and Committee shall, to the extent that those regulations apply to it, comply with those regulations.

(2) The Minister may, in particular but without prejudice to the generality ofsubsection (1), make regulations under that subsection in relation to the Plans including—

(a) the preparation of a Plan,

(b) the co-ordination of the preparation of the economic and community elements of a Plan,

(c) the integration of the economic and community elements into a Plan,

(d) the timing of the preparation of a Plan,

(e) the role of the strategic policy committee established pursuant tosection 48(1A),

(f) extending or shortening the period of a Plan for the purposes of synchronising the time period for a Plan with other relevant plans and strategies,

(g) the format and content of a Plan,

(h) the procedures and processes to ensure consistency with the core strategy and objectives of the development plan of a local authority,

F108[(i) the procedures and processes to ensure consistency with the regional spatial and economic strategy referred to insubsections (2)(c)(ii),(3)(c)(ii)and(4)(a)(ii)ofsection 66Cfor the purposes of Chapter 4 of Part 3 of the Act of 2024,]

(j) engagement and consultation with the local community in the preparation of a Plan,

(k) public consultation when a Plan is being prepared or reviewed, including the procedures and processes for seeking the timely and effective participation by the public concerned,

(l) developing performance indicators and arrangements for measuring performance of a Plan,

(m) publication of a Plan,

(n) implementation of a Plan, including the preparation, review and updating of the implementation strategies provided for insection 66E(2)and the arrangements for implementation provided for insection 128B(1), and

(o) the review and amendment of a Plan.

(3) For the purposes of the relevant sections andsections 128Bto128F, the Minister may issue general policy guidelines in relation to—

(a) principles guiding the preparation of the Plan,

(b) matters to be taken into consideration when a public consultation process is being undertaken for the purposes of preparing or reviewing the Plan,

(c) matters to be taken into account when a review of the Plan is being undertaken,

(d) avoidance of duplication and optimising the use of available resources,

(e) implementation arrangements for the Plan, and

(f) any other matter of a general policy nature that the Minister considers appropriate for inclusion in the guidelines,

and guidelines issued under this subsection may relate generally to all local authorities or to a particular class or classes of local authorities and shall, in so far as the guidelines relate to them, be complied with by every local authority, municipal district members and each Committee.]

67. Amenity, recreation and other functions.

67.—(1) In accordance with and subject to section 66, a local authority may take such measures, engage in such activities or do such things (including the incurring of expenditure) as it considers necessary or desirable to promote the interests of the local community in relation to the matters indicated in subsection (2).

(2) (a) The matters referred to in subsection (1) are—

(i) general recreational and leisure activities,

(ii) sports, games and similar activities,

(iii) artistic, linguistic and cultural activities,

(iv) civic improvements,

(v) general environmental and heritage protection and improvement,

(vi) allotments, fairs and markets, and related amenities, facilities and services,

(vii) the public use of amenities (both natural and made or altered by human intervention), and

(viii) the promotion of public safety.

(b) Without prejudice to the generality of paragraph (a), the matters referred to in subsection (1) shall also include the matters set out in the first column of Schedule 13 as expanded upon in the second column of that Schedule.

(3) This section also applies to any amenity, facility, service, allotment or any other thing referred to in section 31(4) of the Local Government Act, 1994.

(4) Nothing in this section shall be read as limiting the operation of section 66.

68. Irish language and local authorities.

68.—(1) A local authority may, in performing its functions, take such steps as it considers appropriate to encourage the use of the Irish language.

(2)(a) The Minister shall in accordance with this section issue, or arrange for the issue, to local authorities of guidelines, codes of practice or other guidance as regards the use of the Irish language in local government either generally or in respect of aspects of local authority functions.

(b) Without prejudice to the generality of paragraph (a), such guidance may deal with the use of the Irish language by local authorities in relation to—

(i) correspondence with members of the public, including written, oral, telephone and electronic communications;

(ii) stationery, advertisements, notices or other official documents;

(iii) the provision of services in the Gaeltacht;

(iv) the provision of, or access to, suitable training for employees;

(v) the promotion generally of the Irish language.

(3) A local authority shall have regard to such guidance in the performance of its functions.

(4)(a) For the purposes of this section the Minister may from time to time appoint an advisory group to be known by such name as may be designated by him or her.

(b) An advisory group appointed under this section shall include—

(i) at least one person who is a member of a local authority;

(ii) at least one person who is a F109[chief executive] or other employee of a local authority;

(iii) at least one person who is an officer of the Minister; and

(iv) at least 2 persons from organisations concerned with the promotion of the Irish language.

69. Local authorities to have regard to certain matters in performing functions, etc.

69.—(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, public authorities and bodies whose money is provided (directly or indirectly) either wholly or partly by a Minister of the Government 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, public authorities and bodies referred to in paragraph (c) 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,

(f) the need for a high standard of environmental and heritage protection and the need to promote sustainable development, and

(g) the need to promote social inclusion.

(2) A local authority shall perform those functions which it is required by law to perform and this section shall not be read as affecting any such requirement.

(3) Every enactment relating to a function of a local authority shall be read and have effect subject to this section.

(4) A local authority shall not by virtue of sections 63 to 67 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.

70. Exercise of certain functions.

70.—F110[…]

71. F111[Objective of unified service to the public.

71.—Without prejudice tosection 69, the elected members of a local authority, in the performance of functions in respect of the authority as a whole and in respect of municipal districts situated in the county or city and county concerned, shall take such steps as may be practicable to maximise effectiveness and efficiency in all aspects of the operations and services of the local authority, including customer service to the public generally.]

72. Transfer of certain functions to local authorities.

72.—(1)(a) The Government may by provisional order transfer a F112[function of a Minister of the Government or of any other public authority] (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 class or classes specified in the provisional order 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, subsequent to its confirmation in accordance with paragraph (d), the function shall thereupon become and be vested in the F112[Minister of the Government or the other public authority, as the case may be, from which it was transferred] by the provisional order.

(d) A provisional order under this subsection shall not have effect unless and until it is confirmed by an Act of the Oireachtas.

(2) F113[…]

(3)(a) A provisional order under subsection (1) F113[…] may contain such ancillary, subsidiary and incidental provisions as the Government or the Minister, as appropriate, may determine.

(b) Without prejudice to the generality of paragraph (a), a provisional order under subsection (1) F113[…] may—

(i) specify terms, conditions and restrictions upon and subject to which a function transferred by the provisional order or 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 for the transfer of assets and liabilities associated with a function concerned from the person or persons concerned to the local authorities concerned,

(iii) provide for the use by the local authorities concerned of the services of staff of the person or persons concerned,

(iv) 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 appropriate,

(v) provide for any necessary application, adaptation or modification of an enactment,

(vi) provide for such other matters as are considered by the Government or the Minister, as appropriate, to be necessary to enable the transfer of a function concerned to which the order relates to have full effect and to enable such function to be performed by the local authorities concerned.

F114[(4) In this section "public authority" does not include a body to whichparagraph (g)of the definition of "public authority" insection 2(1)relates.]

73. F115[Saver (functional area).

73.—Subject tosection 72andChapter 5of this Part and to Parts 2 and 3 of the Local Government Reform Act 2014, nothing in this Act affects the definition in any other enactment (however expressed or implied) of the functional area of a local authority for the purposes of a function conferred by that enactment.]

Chapter 2

74. Civic honours.

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

(b) The Cathaoirleach may, without prejudice to paragraph (a), propose a person for a civic honour under this section.

(2) Any roll or other record of civic honour established and maintained by a local authority before the commencement of this section shall continue as if established and maintained under this section.

(3) A decision of a local authority to confer a civic honour on a person is a reserved function.

(4) The repeal by this Act of section 48(3) of the Local Government Act, 1991, shall not have effect as respects any person to whom that section applies.

75. Twinning of local authority areas.

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

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

(3) A local authority shall not enter into an arrangement under subsection (1) unless, having had regard to the following matters, it is satisfied that the arrangement is justified:

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

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

(c) the total cost involved.

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

(5) There shall be recorded in the annual report of a local authority for every year expenditure and other particulars in relation to the performance of its functions under this section.

76. Entertainment and associated expenses of local authorities.

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

(a) to distinguished persons, and

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

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

(3) There shall be recorded in the annual report of a local authority for every year expenditure and other particulars in relation to the performance of its functions under this section.

Chapter 3

77. F116[Library authorities.

77.—Each of the following is a library authority:

(a) a county council;

(b) a city council;

(c) a city and county council;

and references to "library authority" shall be read accordingly.]

78. Functions of library authorities.

78.—(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 the following services:

(a) premises and facilities (including mobile facilities) for the borrowing of and reference to books and other printed matter, tapes and discs (being audio, video or both), slides, and such other material, including material available by means of the use of computers and information technologies, as it considers appropriate;

(b) activities and events of artistic, linguistic, educational, cultural, recreational, community or similar interest;

(c) such other information services, including services available by means of the use of computers and information technologies, as can in its opinion be supplied in conjunction with its functions as a library authority.

(3) A library authority is not, by virtue of subsection (1) or (2), to 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, or if requested by the Minister, prepare and adopt a programme for the operation and development of its library service (in this section referred to as the “library development programme”).

(6) Every library development programme prepared by a library authority under subsection (5) shall include—

(a) an outline of the existing library services,

(b) the development objectives and priorities for the library service,

(c) the measures taken or proposed to be taken to secure those development objectives,

(d) the financial or other implications of the library development programme,

(e) such other matters as are considered necessary by the library authority or as the Minister may specify in writing.

(7) The adoption of a library development programme is a reserved function.

79. An Chomhairle Leabharlanna.

79.—F117[…]

80. Records and archives of local authorities.

80.—(1) In this section—

“local archives” includes—

(a) such records and documents (including copies) as are, at the commencement of this section, held by any local archives service operated by any local authority (whether alone or in co-operation with another person or body),

(b) archival material acquired by a local authority under subsection (3), and

(c) other local records which are more than 30 years old, except such records as are certified, in accordance with directions under subsection (4), to be unsuitable for classification as local archives;

“local records” includes books, maps, plans, drawings, papers, files, photographs, films, micro-films and other micrographic records, sound recordings, pictorial records, magnetic tapes, magnetic discs, optical or video discs, other machine-readable records, other documentary or processed material made or received, and held in the course of its business or as successor to any other body by a local authority and includes copies of any such records duly made, but does not include—

(a) grants, deeds or other documents of title relating to property for the time being vested in the local authority, and

(b) any part of the permanent collection of a library, museum or gallery.

(2) Subject to the other provisions of this section, it is a function of a local authority to make arrangements for the proper management, custody, care and conservation of local records and local archives and for inspection by the public of local archives.

(3) A local authority may acquire, by purchase, donation, bequest or loan, and undertake the care and conservation of, archival material of local interest which is in the possession of any other person or body (including another local authority).

(4) The Minister may, after consultation with the Director of the National Archives, give advice or directions to local authorities in relation to any matter relating to local records and local archives and, in particular and without prejudice to the foregoing, in relation to—

(a) the retention, management, preservation, restoration and reproduction of local records and local archives,

(b) the certification of local records to be unsuitable for classification as local archives, and the review of such certification at specified intervals,

(c) the availability of local archives for public inspection,

(d) the making and provision of copies and extracts from local archives,

(e) circumstances in which local archives, or particular classes of local archives, may be withheld from public inspection,

(f) the preparation of guides, lists, indexes and finding aids to local archives,

(g) the lending of local archives to appropriate institutions, bodies and societies, whether in the State or elsewhere, and

(h) the disposal of local records and local archives.

(5) Section 13 of the National Archives Act, 1986, shall cease to have effect in relation to records or documents of a local authority.

(6) Without prejudice to subsection (4), the National Archives Advisory Council may advise the Minister on any matter affecting local archives and their use by the public.

(7) Nothing in this section affects any rights of a person claiming to be the owner of a document to recover the document.

(8) The making or supplying of reproductions by or under the direction of a local authority of archives which are held in accordance with this section and are open to public inspection shall not, subject to any terms or conditions under which archival material was acquired under subsection (3), infringe the copyright of such archives.

(9) A person shall not remove, conceal, damage or destroy archives held by a local authority in accordance with this section.

(10) A person who contravenes subsection (9) is guilty of an offence and is liable on summary conviction to a fine not exceeding £1,500.

(11) Summary proceedings for an offence under this section may be brought by the local authority concerned.

Chapter 4

81. Assistance towards non-public roads.

81.—(1) In this section—

F118["functional area" means—

(a) a county, or

(b) so much of the area of the city and county that does not comprise of the area of a dissolved local authority area of a city council;]

“improvement” includes associated drainage works;

“non-public road” means a road which is not a public road within the meaning of the Roads Act, 1993;

“road” has the same meaning as in the Roads Act, 1993;

“road authority” means a county council.

(2) The Minister may make a grant to a road authority in relation to assistance by the authority towards the construction or improvement of non-public roads in its functional area.

(3) A road authority may provide assistance by way of the carrying out of works, a financial contribution or otherwise towards the construction or improvement of a non-public road which—

(a) provides access to parcels of land of which at least 2 are owned or occupied by different persons, or

(b) provides access for harvesting purposes (including turf or seaweed) for 2 or more persons, or

(c) shall in the opinion of the road authority be used by the public.

(4) Assistance by a road authority under this section shall be—

(a) conditional on a prior written agreement by the parties concerned with the road authority and a financial contribution by such parties, and

(b) subject to such other terms and conditions as the Minister may consider appropriate.

(5) The provision of assistance by a road authority under this section does not make the authority liable for the maintenance of the non-public road in question nor impose any other duties or liabilities on the authority in respect of such road.

(6) After consultation with the Minister and with the consent of the Minister for Finance, any other Minister of the Government may make a grant to a road authority in relation to the construction or improvement of non-public roads in accordance with a scheme made by him or her.

(7) Section 6(2) of the Local Government Act, 1998, is hereby amended by the substitution of the following for paragraph (b):

“(b) the carrying out of works under section 81 of the Local Government Act, 2001, or”.

Chapter 5

82. Definitions (Chapter 5).

82.—In this Chapter—

“town sanitary authority” means a sanitary authority under the Local Government (Sanitary Services) Acts, 1878 to 1995, being an urban district council or a borough (other than a county borough) corporation and references to a “town sanitary district” shall be read as a reference to the relevant urban district or borough; but subject to section 3;

“water functions” means the functions of a town sanitary authority under—

(a) the Local Government (Sanitary Services) Acts, 1878 to 1995, and this Chapter, other than functions conferred on a town sanitary authority under—

(i) Parts IV to VI of the Local Government (Sanitary Services) Act, 1948,

(ii) the Local Government (Sanitary Services) (Joint Burial Boards) Act, 1952,

(iii) the Local Government (Sanitary Services) Act, 1964, except section 4,

(iv) Part II of the Public Health Acts Amendment Act, 1907,

(v) sections 34 to 37 and Part IV of the Public Health Acts Amendment Act, 1890,

(vi) so much of the Public Health (Ireland) Act, 1878, and the Public Health (Ireland) Act, 1896, as do not relate to the functions of a sanitary authority in relation to sewerage and drainage or the supply of water,

(b) the Water Supplies Act, 1942,

(c) the Health (Fluoridation of Water Supplies) Act, 1960,

(d) the Local Government (Water Pollution) Acts, 1977 and 1990, and

(e) any enactment as may be specified in regulations under section 83(7).

83. Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc.

83.—(1) On the coming into operation of this section—

(a) the water functions of a town sanitary authority shall transfer to and be functions of the county council in whose administrative county the relevant town sanitary district was situated, and

(b) the county council concerned is the sanitary authority for the purposes of those functions,

and the county shall for those purposes comprise a single sanitary district and each town sanitary district existing before such day shall form part of that single district.

(2) (a) Notwithstanding the repeal of the Local Government (Amendment) (No. 2) Act, 1934, by this Act and subject to paragraph (b), nothing in this section affects the division of the administrative County of Cork into 3 county health districts by order under the Local Government (Amendment) (No. 2) Act, 1934, which shall each comprise a single sanitary district for the purposes of this section and each such district may be known as a “Division” or such other title as may be assigned by Cork County Council.

(b) Cork County Council may be resolution alter the boundaries of any such Division or terminate all such Divisions in consequence of which termination the County comprises of a single sanitary district for the purposes of this section.

(3) A reference in any enactment to a county health district shall, in so far as it relates or applies for the purposes of the water functions and subject to this section, be read as a reference to a sanitary district within the meaning of subsection (1).

(4) On the commencement of this provision, all property, real and personal (including all interests, rights and easements in, to, and out of property and choses-in-action) which immediately before such commencement was vested in a town sanitary authority and was used solely for the purposes of the water functions and all rights, powers, licences and privileges connected with such functions shall, unless the relevant county council and town sanitary authority otherwise agree, stand vested in the county council without any conveyance or assignment.

(5) A town sanitary authority may issue a certificate under the hand of its town clerk in respect of specified property certifying, as it thinks proper, that the property vested or did not vest under this section and the certificate is evidence of the facts stated in it unless the contrary is shown.

(6) A sanitary authority may make arrangements with any other local authority in relation to the discharge of its water functions.

(7) The Minister may be regulations make such provision as in his or her opinion may be necessary arising from or connected with the transfer of functions effected by this section and for that purpose may—

(a) specify functions under any enactment which shall be water functions for the purposes of this section,

(b) make any necessary adaptation or modification of the Local Government (Sanitary Services) Acts, 1878 to 1995, the Water Supplies Act, 1942, the Local Government (Water Pollution) Acts, 1977 and 1990, or any other enactment for the purposes of this section,

(c) provide for financial adjustments between a county council and any other local authority affected by such transfer and for the method of determination of such adjustments,

(d) provide for the payment of money by or to a county council or by or to any other local authority affected by such transfer or for any other financial arrangements which may be necessary.

84. Saver (Chapter 5).

84.—F119[…]

PART 10 Agreements and arrangements concerning functions

85. Agreements concerning functions.

85.—(1) Where in the opinion of a local authority any function performable by it should be performed, generally or in a particular case, by another local authority, and that other authority is able and willing so to perform the function, then the authorities may enter into an agreement that—

(a) the function shall be so performed on behalf of the first-mentioned authority by the other authority, and

(b) it becomes so performable by that other authority in accordance with the agreement.

(2) Where in the opinion of a body which is a public authority any function performable by it should be performed, generally or in a particular case, by a local authority, and that local authority is able and willing so to perform the function, then the body and the local authority may enter into an agreement that—

(a) the function shall be so performed on behalf of the body by the local authority, and

(b) it becomes so performable by that local authority in accordance with the agreement.

(3) Where—

(a) consequent on an agreement under this section, a function becomes performable by a local authority, and

(b) the body, being a local authority or other body as referred to in subsection (2), as the case may be, which is the other party to the agreement would, if it performed the function, be authorised by law to do any act or thing in relation to such performance,

then the local authority is authorised to do that act or thing in relation to the performance by it of the function as if it were that body.

(4) An agreement under this section may contain terms and conditions as to—

(a) the performance of the function by the local authority, to such extent and for such period as may be specified in the agreement,

(b) the making of payments or the transfer of financial responsibility, and

(c) for such other matters as may be considered necessary to give effect to the agreement,

and may provide for an area of charge other than the area of charge specified in section 10 of the Local Government Act, 1946.

F120[(4A) An agreement under this section made after the commencement ofsection 20of the Local Government Act 2019 shall not contain any term, condition or provision that is inconsistent with an arrangement under that section.]

(5) The making of an agreement by a local authority under this section, in so far as it relates to it, is a reserved function.

(6) An agreement under this section may relate to all or part of the area of a local authority as may be specified in the agreement.

F121[(7) This section is without prejudice tosection 8of theHealth Act 2004orsection 10of the Child and Family Agency Act 2013 and an agreement shall not be entered into under this section in any case in which an agreement could be entered into under either of those sections.]

86. Joint discharge of functions and provision of services.

86.—(1) Two or more local authorities may make arrangements for the joint discharge of any of their functions.

(2) An arrangement under subsection (1) may relate to all or part of an area of a local authority.

(3) A local authority may, by agreement, provide staff or other services for or avail of such services of any person other than a local authority.

87. Direction to make agreements.

87.—(1) Whenever it appears to the Minister that an agreement under section 85(1) should be made between local authorities for the purpose of any of their functions, he or she may direct them to enter into an agreement.

(2) A direction under subsection (1) shall only be made by the Minister after giving each local authority concerned an opportunity to make representations to him or her in writing and after considering any representations so made.

(3) The Minister may direct that any agreement entered into under this section contains such terms and conditions as he or she may specify and the authorities concerned shall comply with any direction given by the Minister.

(4) An agreement entered into under this section shall not be revoked except with the consent of the Minister.

88. Savers (Part 10).

88.—(1) Where on the commencement of this section an agreement under section 59 of the Local Government Act, 1955, is in force, that agreement continues in force as if it were an agreement made under section 85 notwithstanding the repeal by this Act of section 59 of the Local Government Act, 1955.

(2) Without prejudice to section 20 of the Interpretation Act, 1937, references in section 10 of the Fire Services Act, 1981, section 14 of the Roads Act, 1993, section 2 of the Building Control Act, 1990, and section 5 of the Local Government Act, 1998, to section 59 of the Local Government Act, 1955, shall be read as references to section 85 of this Act.

PART 11 Local Government Commission

89. Establishment of Local Government Commission.

89.—F122[…]

90. Functions of Commission.

90.—F123[…]

91. Members of Commission.

91.—F124[…]

92. Eligibility and tenure of office of members, etc.

92.—F125[…]

93. Meetings and procedures of Commission.

93.—F126[…]

94. Services to Commission.

94.—F127[…]

95. Submissions to Commission.

95.—F128[…]

PART 12 Financial Procedures and Audit

Chapter 1

96. Local financial year.

96.—In this Chapter “local financial year” means a calendar year or such other period as the Minister may by regulations prescribe.

97. The local fund.

97.—(1) Every local authority shall maintain a fund to be known as the local fund which consists of such accounts kept under section 107 as may be necessary.

(2)(a) F129[…]

(b) A reference in any enactment to a county fund, municipal fund or any other fund, which was maintained immediately before the commencement of this provision, shall be read as a reference to a local fund.

(3) There shall be paid into the local fund all money received by or on behalf of a local authority F130[(including by or on behalf of a successor authority in respect of a dissolved body to which the successor authority relates)], other than money received for the purposes of a community fund established under section 109 F131[or a BID fund established undersection 129K].

(4) Subject to section 99, there shall be paid out of the local fund the expenses incurred by a local authority in the performance of its functions, other than expenses payable out of a community fund established under section 109 F131[or a BID fund established undersection 129K].

(5) A payment shall not be made out of the local fund unless it is authorised in accordance with section 99 or ordered by a court established under the Courts (Establishment and Constitution) Act, 1961.

98. Banking arrangements.

98.—Subject to section 106, a local authority or joint body may enter into such arrangements, including investment arrangements, with such credit institutions authorised to carry on banking business in the State or financial institutions guaranteed by the Minister for Finance, as it deems appropriate, for the prudent management of moneys received by it.

99. Authorisation of payments.

99.—(1) In this section “local authority” includes a joint body.

(2) Payments may be made out of the funds of a local authority on the authorisation of the F132[chief executive] or an employee nominated under subsection (3) and, in each such case, the payments shall be counter-authorised by an employee, other than the F132[chief executive] or first-mentioned employee, nominated under subsection (3).

(3) The manager may for the purposes of subsection (2) by order nominate an employee or employees of a local authority for which the F132[chief executive] is responsible.

100. County council expenditure: town services.

100.—F133[…]

101. Expenses of certain town councils.

101.—F134[…]

102. Local authority budget.

102.—(1) In this section “local authority” includes a joint body.

(2) In each local financial year, each local authority shall prepare a draft local authority budget setting out for the next local financial year—

(a) the expenditure estimated to be necessary to carry out its functions, and