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Local Government Act, 2001 ———————— ———————— Number 37 of 2001 ———————— LOCAL GOVERNMENT ACT, 2001 ———————— ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title and collective citations. 2. Interpretation generally. 3. Construction of enactments. 4. Regulations, orders and directions. 5. Repeals, revocation and amendment of enactments. 6. Savers. 7. Commencement. 8. Expenses. PART 2 Local Government Areas and Local Authorities 9. Establishment day. 10. Local government areas. 11. Establishment, titles and administrative areas of local auth- orities and consequential provisions. PART 3 Local Authority Membership 12. Eligibility for local authority membership. 13. Disqualifications from local authority membership. [No. 37.] Local Government Act, 2001. [2001.] Section 14. Prohibition on multiple membership of local authorities. 15. Offence to act when disqualified. 16. Cesser of membership. 17. Term of office. 18. Resignation from membership. 19. Casual vacancies. 20. Savers (Part 3). 21. Number of members of local authorities, etc. 22. Alteration of number of members of local authority. PART 4 Local Elections 23. Local electoral areas. 24. Right to vote at local elections. 25. Prohibition of plural voting. 26. Year of elections to all local authorities. 27. Conduct of elections. 28. Temporary arrangements with respect to certain polling dis- tricts and register of electors. 29. Consequential appointments to certain other bodies. 30. Savers (Part 4). PART 5 Cathaoirleach and Leas-Chathaoirleach Chapter 1 General 31. Cathaoirleach and Leas-Chathaoirleach. 32. Alternative titles to Cathaoirleach and Leas-Chathaoirleach, etc. 33. Resignation of Cathaoirleach or Leas-Chathaoirleach. 34. Removal of Cathaoirleach or Leas-Chathaoirleach from office. 2 [2001.] Local Government Act, 2001. [No. 37.] Chapter 2 Election by Local Authority Section 35. Application of Chapter 2. 36. Annual election of Cathaoirleach and Leas-Chathaoirleach by local authority. 37. Method of election of Cathaoirleach by local authority. 38. Casual vacancy in the office of Cathaoirleach or Leas- Chathaoirleach. Chapter 3 Direct Election 39. Application of Chapter 3. 40. Direct election and tenure of Cathaoirleach of county council and city council. 41. Casual vacancy in office of Cathaoirleach of county council or city council. 42. Amendments to certain Acts, relating to direct elections, etc. 43. Election petitions in relation to direct elections. PART 6 Meetings and Proceedings of Local Authorities 44. Application (Part 6). 45. Attendance of public and media at meetings. 46. Meetings administrator. 47. Effective discharge of business. PART 7 Committees and Joint Committees 48. Strategic policy committees. 49. Municipal policy committees. 50. Area committees. 51. Committees of local authorities. 52. Joint committees of local authorities. 53. Saver for acts of committee or joint committee. 54. Regulations (Part 7). 3 [No. 37.] Local Government Act, 2001. [2001.] PART 8 Local Authority Boundary Alteration Section 55. Interpretation (Part 8). 56. Proposal by local authority for alteration of boundary. 57. Application for boundary alteration. 58. Supplementary provision to sections 56 and 57. 59. Minister may request review. 60. Report by Local Government Commission. 61. Power to alter boundaries, etc. 62. Provisions consequential on boundary alteration. PART 9 Functions of Local Authorities Chapter 1 General Functions of Local Authorities 63. Statement of local authority functions. 64. Representational functions of local authorities. 65. Ancillary functions of local authorities. 66. Promotion of interests of local community. 67. Amenity, recreation and other functions. 68. Irish language and local authorities. 69. Local authorities to have regard to certain matters in per- forming functions, etc. 70. Exercise of certain functions. 71. Objective of unified service to the public. 72. Transfer of certain functions to local authorities. 73. Saver (functional area). Chapter 2 Ceremonial Functions 74. Civic honours. 75. Twinning of local authority areas. 76. Entertainment and associated expenses of local authorities. 4 [2001.] Local Government Act, 2001. [No. 37.] Chapter 3 Library and Archival Functions Section 77. Library authorities. 78. Functions of library authorities. 79. An Chomhairle Leabharlanna. 80. Records and archives of local authorities. Chapter 4 Non-Public Roads — Local Improvement Schemes 81. Assistance towards non-public roads. Chapter 5 Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc. 82. Definitions (Chapter 5). 83. Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc. 84. Saver (Chapter 5). PART 10 Agreements and arrangements concerning functions 85. Agreements concerning functions. 86. Joint discharge of functions and provision of services. 87. Direction to make agreements. 88. Savers (Part 10). PART 11 Local Government Commission 89. Establishment of Local Government Commission. 90. Functions of Commission. 91. Members of Commission. 92. Eligibility and tenure of office of members, etc. 93. Meetings and procedures of Commission. 94. Services to Commission. 95. Submissions to Commission. 5 [No. 37.] Local Government Act, 2001. [2001.] PART 12 Financial Procedures and Audit Chapter 1 Financial Procedures Section 96. Local financial year. 97. The local fund. 98. Banking arrangements. 99. Authorisation of payments. 100. County council expenditure: town services. 101. Expenses of certain town councils. 102. Local authority budget. 103. Local authority budget meeting. 104. Limitation on additional expenditure. 105. Submission of financial statements and reports. 106. Borrowing and lending of money. 107. Keeping of accounts. 108. Consideration of annual financial statement. 109. Community fund. 110. Community initiative scheme. 111. Regulations (Chapter 1). 112. Obligations in case of proposal involving illegal payment, deficiency or loss. 113. Savers. Chapter 2 Audit 114. Interpretation (Chapter 2). 115. Application (Chapter 2). 116. Local Government Audit Service. 117. Code of audit practice. 118. Audit procedure. 119. Right of auditor to inspect documents, obtain information, etc. 6 [2001.] Local Government Act, 2001. [No. 37.] Section 120. Audit opinion and report. 121. Consideration of annual financial statement and auditor’s report. 122. Audit committee. 123. Extraordinary audit. 124. Re-assignment of audit. 125. Audit fees. 126. Certification of claims, returns, etc. PART 13 Local Authorities and the Local Community 127. Consultation with the local community. 128. Recognised associations. 129. County or City Development Boards. PART 14 The Local Government Service Chapter 1 The Elected Council 130. Policy role of elected council. 131. Reserved functions. 132. Reserved functions: duty of manager. 133. Corporate policy group. 134. Corporate plan. 135. Report on capital programme. 136. Furnishing of information to elected council. 137. Plans, specifications to be prepared for elected council. 138. Prior information to elected council. 139. Direction that works not proceed. 140. Requirement that a particular thing be done. 141. Duty of members appointed to other bodies. 142. Members’ expenses, remuneration, etc. 143. Allowance for Cathaoirleach and Leas-Chathaoirleach. 7 [No. 37.] Local Government Act, 2001. [2001.] Chapter 2 Position of Manager Section 144. Position of manager. 145. Appointment of manager. 146. Suspension and removal of manager. 147. Tenure of manager. 148. Deputy manager. 149. Executive functions. Chapter 3 Procedural Matters 150. Definitions. 151. Manager acting by signed order. 152. Attendance of manager at local authority meetings. 153. Legal proceedings. 154. Delegation of functions. Chapter 4 Local Authority Personnel 155. Definitions (Chapter 4). 156. Appropriate Minister. 157. Application (Chapter 4). 158. Provisions relating to the employment of persons by local authorities. 159. Staffing and organisational arrangements. 160. Qualifications for employment. 161. Restrictions on local authority employment and membership of a local authority. 162. Modification of restriction on being employed under certain related bodies. 163. Amendment of Local Authorities (Officers and Employees) Act, 1926. 164. Amendment of Unfair Dismissals Act, 1977. 165. Savers (Chapter 4). 8 [2001.] Local Government Act, 2001. [No. 37.] PART 15 Ethical Framework for the Local Government Service Section 166. Interpretation (Part 15). 167. Application (Part 15). 168. Standards of integrity. 169. Codes of conduct for Local Government Service. 170. Prohibition of favours, rewards, etc. 171. Annual declaration. 172. Public register of interests. 173. Ethics registrar. 174. Duty of ethics registrar, etc. 175. Declarable interests. 176. Beneficial interests. 177. Disclosure by member of local authority of pecuniary or other beneficial interests. 178. Disclosure by manager for local authority of pecuniary or other beneficial interests. 179. Disclosure by employee, etc. of local authority of pecuniary or other beneficial interests. 180. Application of Ethics in Public Office Act, 1995, etc. 181. Offences (Part 15). 182. Consequences of failure to comply with sections 171, 177, 178 and 179. PART 16 Land 183. Land disposals, notification of members. 184. Exercise of certain land functions. PART 17 Establishment of New Town Councils, etc. 185. Establishment of town council. 186. First election to town council. 187. Dissolution of town council. 9 [No. 37.] Local Government Act, 2001. [2001.] PART 18 Changing of Names of
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