S.I. No. 473/2017 - Housing, Planning and Local Government (Delegation of Ministerial Functions) Order 2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th November, 2017.

The Government, on the request of the Minister for Housing, Planning and Local Government and in exercise of the powers conferred on them by section 2 of the Ministers and Secretaries (Amendment) (No. 2) Act 1977 (No. 28 of 1977), hereby order as follows:

1. This Order may be cited as the Housing, Planning and Local Government (Delegation of Ministerial Functions) Order 2017.

2. The powers (other than the power to prosecute an offence) and duties of the Minister for Housing, Planning and Local Government conferred on him—

(i) by or under the Acts of the Oireachtas or statutes which were in force in Saorstát Éireann immediately before the date of coming into operation of the Constitution and which continued in force by virtue of Article 50 of the Constitution specified in Part 1 of the Schedule,

(ii) by or under the provisions of the Acts of the Oireachtas specified in Part 2 of the Schedule, and

(iii) under the instruments specified in Part 3 of the Schedule,

are delegated to John Paul Phelan, Minister of State at the Department of Housing, Planning and Local Government.

SCHEDULE

Part 1

Seanad Electoral (University Members) Act 1937 (No. 30 of 1937), other than sections 12, 13 and 19

Seanad Electoral (Panel Members) Act 1947 (No. 42 of 1947), other than sections 24(1), Part V Chapter 1 and section 68A

Electoral Act 1992 (No. 23 of 1992), other than sections 8, 30, 56(2), 57, Part XII, sections 96, 108, 109, 127(2), Part XXI and the Third Schedule

Presidential Elections Act 1993 (No. 28 of 1993), other than sections 6, 8, 9, 10(2), 12, 28, 29, 31, 56 and Part V

Referendum Act 1994 (No. 12 of 1994), other than sections 10 to 12, 14, 15(2), 18, 24 and Part IV

European Parliament Elections Act 1997 (No. 2 of 1997), other than sections 10, 15, 15A, 17(4) and 21 and rules 1, 21, 27, 69, 70, 92(3) and 130 to 146 of the Second Schedule

Local Elections (Disclosure of Donations and Expenditure) Act 1999 (No. 7 of 1999), other than sections 12B and 19C

Part 2

Section 5 of the Local Government (Rates) Act 1970 (No. 2 of 1970)

Section 10 of the Local Government (Financial Provisions) Act 1978 (No. 35 of 1978)

Sections 27 to 35 of the Local Government Act 1991 (No. 11 of 1991)

Section 63 of the Local Government Act 1994 (No. 8 of 1994)

Parts VII and IX of the Electoral Act 1997 (No. 25 of 1997)

Section 12 of the Local Government Act 1998 (No.16 of 1998)

Section 56 of the Valuation Act 2001 (No. 13 of 2001)

The following sections of the Local Government Act 2001 (No. 37 of 2001):

19, 22A, 23, 44,48, 51, 52, 54, 68,75, 87, 96, 102,103,104, 106, 107, 108, 111,115 to 118, 121 to 123,125, 126, 126C, 126D, 126K, 128, 129C, 129G, 131, 131A, 133, 134, 134A, 136,142 to 148,151,155,156,158,160,161,167,169,171,174 to 176, 183,190,192,194, 196,198 to 201, 206, 210, 212 to 214, 221 to 223, 225,231, 233,236 and 237A

Sections 29 (8) and 31 of the Local Government Reform Act 2014 (No. 1 of 2014)

Sections 8 and 28 (1) of the Harbours Act 2015 (No. 61 of 2015)

Part 3

Local Elections Regulations 1995 ( S.I. No. 297 of 1995 ), other than regulations 24, 25 and 90

European Union (Citizens Initiative) Regulations 2012 and 2014.

GIVEN under the Official Seal of the Government,

17 October 2017.

LEO VARADKAR,

Taoiseach.