S.I. No. 172/1993 - Local Government Act, 1991 (Removal of Controls) Regulations, 1993.

S.I. No. 172 of 1993.

LOCAL GOVERNMENT ACT, 1991 (REMOVAL OF CONTROLS) REGULATIONS, 1993.

The Minister for the Environment in exercise of the powers conferred on him by sections 3 and 52 (1) of the Local Government Act, 1991 (No. 11 of 1991) hereby makes the following Regulations, a draft of which has been approved by a resolution passed by each House of the Oireachtas:

1 Citation.

1. These Regulations may be cited as the Local Government Act, 1991 (Removal of Controls) Regulations, 1993.

2 Commencement.

2. These Regulations shall come into operation on the 6th day of September, 1993.

3 Interpretation.

3. (1) In these Regulations—

"local authority" means a local authority for the purposes of the Local Government Act, 1941 , and

"the Minister" means the Minister for the Environment.

(2) In these Regulations a reference to—

( a ) a sub-article which is not otherwise identified, is a reference to a sub-article of the article in which the reference occurs.

( b ) a column, is a reference to a column of the Schedule to these Regulations.

4 Removal of Controls.

4. (1) Subject to sub-article (2), a function which is performed by a local authority under a provision specified in column (3) of an enactment specified in column (2), and which pursuant to that provision is subject to a requirement (which confers a function on the Minister) specified in column (4), may be performed by the local authority without compliance with that requirement and the said provision shall be so construed and shall apply and have effect accordingly.

(2) In any case where conditions are specified in column (5) in respect of a function of a local authority referred to in sub-article (1), that sub-article shall apply in respect of such function subject to compliance with the said conditions but shall not otherwise apply.

(3) The reference to the Minister in sub-article (1) shall, where relevant, be construed as referring to that reference as inserted in the provision of the particular enactment by way of the adaptation, modification or amendment of that enactment or by way of the construction of that enactment by reference to any other enactment.

SCHEDULE

PART I — STATUTES

Session and Chapter or Number and Year	Short Title	Provision	Ministerial Control to be Removed	Conditions (if any) to apply
(1)	(2)	(3)	(4)	(5)
3 & 4 Vict., c. 108	Municipal Corporations (Ireland) Act, 1840.	Section 141.	Application for approbation (including prior notice of such intention and availability of copy of memorial); approbation and approval.	The disposition of the land, tenement or hereditament shall be at the best consideration reasonably obtainable.
12 & 13 Vict., c. 97	Dublin Improvement Act, 1849.	Section 19.	The submission to the Minister of bye-laws insofar as they relate to standing orders for regulating the transaction of business of the City Council.
27 & 28 Vict., c. 52	Valuation (Ireland) Act, 1864.	Section 1.	Sanction.
41 & 42 Vict., c. 52	Public Health (Ireland) Act, 1878.	Section 31. Section 71. Section 183. Section 188.	Sanction. Sanction. Sanction. Approval.
59 & 60 Vict., c. 54	Public Health (Ireland) Act, 1896.	Section 19.	Opinion, inquiry and order.
1 Edw. 7, c. 105	Dublin Corporation (Markets etc.) Act, 1901.	Section 8.	Approval.
2 Edw. 7, c. 38	Local Government (Ireland) Act, 1902.	Section 14.	Order altering meeting.	Such alteration shall be made by resolution and section 41 of the Local Government Act, 1941 shall apply.
9 & 10 Geo. 5 c. 75	Ferries (Acquisition by Local Authorities) Act, 1919.	Section 1 (1). Section 1 (2).	Consent. Approvals.
No. 23 of 1941	Local Government Act, 1941 .	Section 74 (3).	Sanction.
No. 24 of 1946	Local Government Act, 1946 .	Section 82 (3). Section 83 (1) (c). Section 83 (1) (d).	Consent. Consent. Consent.	The sale shall be at the best consideration reasonably obtainable. The disposal shall be at the best consideration reasonably obtainable. The disposal shall be at the best consideration reasonably obtainable.
No. 34 of 1947	Harbours Act, 1947 .	Section 7(4).	Confirmation.	A resolution passed under section 7 (1) shall become operative on the day on which that resolution is confirmed by a further resolution under section 7 (3) or on such other day as may be specified in that further resolution.
No. 3 of 1948	Local Government (Sanitary Services) Act, 1948 .	Section 40. Section 43 (1) (a). Section 43 (1) (h).	Consent. Consent. Consent.
No. 17 of 1949	Local Authorities (Works) Act, 1949 .	Section 3 (2).	Notification.
No. 9 of 1955	Local Government Act, 1955 .	Section 55 (2). Section 57 (1).	Consent. Consent.
No. 12 of 1955	City and County Management (Amendment) Act, 1955 .	Section 15 (1). Section 17 (1) (a).	Consent. Approval to delegation to approved officer.
No. 23 of 1960	Local Government Act, 1960 .	Section 1 (3).	Confirmation.	A resolution passed under section 1 (1) shall become operative on the day on which that resolution is confirmed by a further resolution under section 1 (2) (b) or on such other day as may be specified in that further resolution.
No. 24 of 1961	Road Traffic Act, 1961	Section 90 (3) (b). Section 101 (3). Section 101 (6) (a). Section 101 (6)(b). Section 101 (10).	Approval. Consent. Consent. Consent. Consent.
No. 28 of 1963	Local Government (Planning and Development) Act, 1963 .	Section 15 (1). Section 74 (1). Section 75 (2).	Fixing of Limits and Conditions. Consent. Consent in respect of paragraph (b) of that provision.
No. 35 of 1978	Local Government (Financial Provisions) Act, 1978 .	Section 11.	Sanction.
No. 43 of 1980.	Casual Trading Act, 1980 .	Section 7 (5). Section 9 (2). Section 9 (4) (a) (i).	Requirement to inform Minister. Approval. Requirement to inform Minister.
No. 14 of 1990	Derelict Sites Act, 1990 .	Section 31.	Consent.

PART II— STATUTORY INSTRUMENTS

Number and Year	Title	Provision	Ministerial Control to be Removed	Conditions (if any) to apply
(1)	(2)	(3)	(4)	(5)
S. R. & O. No. 161 of 1943	Local Government (Officers) Regulations, 1943.	Article 21 (1) (iv).	Consent.
S.I. No. 318 of 1984	Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984.	Article 6 (2). Article 8 (5). Article 8 (6).	Approval. Direction. Direction.
S.I. No. 319 of 1984	Local Government Employees (Widows and Orphans Ex-Gratia Pension) Scheme, 1984.	Article 6 (2). Article 8 (5). Article 8 (6).	Approval. Direction. Direction.
S.I. No. 320 of 1984	Local Government Officers (Widows and Orphans Ex-Gratia Pension) Scheme, 1984.	Article 6 (2). Article 8 (5). Article 8 (6).	Approval. Direction. Direction.
S.I. No. 321 of 1984	Local Government Officers (Widows and Orphans Contributory Pension) Scheme, 1984.	Article 6 (2). Article 8 (6). Article 8 (7).	Approval. Direction. Direction.
S.I. No. 346 of 1984	Local Government (Superannuation) (Gratuities) Regulations, 1984.	Article 5 (1).	Sanction.
S.I. No. 363 of 1986	Local Government Employees (Spouses and Childrens Contributory Pension) Scheme, 1986.	Article 6 (2). Article 8 (5). Article 8 (6).	Approval. Direction. Direction.
S.I. No. 364 of 1986 .	Local Government Officers (Spouses and Childrens Contributory Pension) Scheme, 1986.	Article 6 (2). Article 8 (5). Article 8 (6).	Approval. Direction. Direction.
S.I. No. 391 of 1986	Local Government (Superannuation Revision) (Consolidation) Scheme, 1986.	Article 26 (2). Article 27 (7). Article 48 (2). Article 49 (7).	Direction in any particular case. Determination. Direction in any particular case. Determination.
S.I. No. 316 of 1987 .	Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987.	Article 24 (2). Section 25 (8). Article 43 (2).	Direction in any particular case. Determination. Direction in any particular case.

GIVEN under the Official Seal of the Minister for the Environment, this 30th day of June, 1993.

MICHAEL SMITH.

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations dispense with certain statutory controls under which local authorities are obliged to obtain consent, approval, confirmation and the like from the Minister for the Environment in performing certain specified statutory functions affecting certain land disposals; delegation of functions by managers; local contributions to certain bodies; local authority superannuation; car parks; certain local authority meetings and other matters.