Local Government Act, 2001
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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 Part II of the Act of 2000, | ||
(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. |