STATUTORY INSTRUMENTS

S.I. NO. 590 of 2001

LOCAL GOVERNMENT ACT, 2001 (SUPPLEMENTARY PROVISIONS) REGULATIONS, 2001

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S.I. NO. 590 of 2001

LOCAL GOVERNMENT ACT, 2001 (SUPPLEMENTARY PROVISIONS) REGULATIONS, 2001

The Minister for the Environment and Local Government in exercise of the powers conferred on him by section 4 and section 128 of the Local Government Act, 2001 (No. 37 of 2001) hereby makes the following Regulations:

1.   These Regulations may be cited as the Local Government Act, 2001 (Supplementary Provisions) Regulations, 2001.

2.   These Regulations shall come into operation on 1 January, 2002.

3.   (1)    In these Regulations, except where the context otherwise requires -

“the Act” means the Local Government Act, 2001 ;

“local authority” has the meaning given by the Act;

“the establishment day” has the meaning given by the Act.

(2)   In these Regulations, a reference to a sub-article is a reference to a sub-article of the article in which the reference occurs.

4.   The law relating to meetings and proceedings of local authorities, including in particular to the quorum for a meeting of a local authority shall, insofar as it applied and had effect immediately prior to the establishment day, continue to so apply and have effect pending the coming into operation of Schedule 10 to the Act.

5.    Section 11 of the Local Government Act, 1994 shall continue to apply and have effect in relation to a casual vacancy in the membership of a local authority pending the coming into operation of section 19 of the Act.

6.   Where immediately before the establishment day any legal proceedings are pending in any court or tribunal and a local authority is named as a party to the proceedings the name of that authority as changed under section 11 of the Act shall be substituted and no such proceedings shall abate or be discontinued by reason of such substitution.

7.   Where a provision of any enactment includes a reference to a county secretary or town clerk in relation to the signature of any notice or other document, or the doing of any other thing, such reference shall be read as including an employee assigned to perform the duties concerned and every such reference shall apply and have effect accordingly.

8.   (1)    An agreement under section 128(2)(d) of the Act may be terminated at any time by a local authority where it is of the opinion that the functions the subject of the agreement are not being satisfactorily carried out, where the requirements of the agreement are not otherwise being complied with, or for other stated reasons.

(2)   The local authority shall by notification in writing inform the recognised association of a termination under sub-article (1).

(3)   A copy of an agreement under section 128(2)(d) or of a notification referred to in sub-article (2) shall be sent or delivered to each member of the local authority.

(4)   In this article “recognised association” shall be construed in accordance with section 128(1) of the Act.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations deal with certain transitional matters such as meetings of local authorities pending implementation of the other provisions in the Local Government Act, 2001 and procedural matters relating to recognised associations under section 128 of the Act.