Local Government Act, 2001

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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.

(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, social inclusion or the social, economic, environmental, recreational, cultural, community or general 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 in subsection (4) or section 67 shall 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.