S.I. No. 264/2024 - Local Government Act 1991 (Regional Assemblies) (Establishment) (Amendment) Order 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th June, 2024.

I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by sections 3 and 43 (inserted by section 62 of the Local Government Reform Act 2014 (No. 1 of 2014)) of the Local Government Act 1991 (No. 11 of 1991) (as adapted by the Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 408 of 2020 )), and the Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 418 of 2011 ) (as adapted by the Public Expenditure and Reform (Alteration of Name and Department and Title of Minister) Order 2023 ( S.I. No. 19 of 2023 )) with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, hereby make the following regulations:

Citation and commencement

1. This Order may be cited as the Local Government (Regional Assemblies) (Establishment) (Amendment) Order 2024.

2. This Order comes into operation on 14 June 2024.

Interpretation

3. In this Order,

“Principal Order” means the Local Government Act 1991 (Regional Assemblies) (Establishment) Order 2014 ( S.I. No. 573 of 2014 ).

Amendment of Article 2 of Principal Order:

4. Article 2 of the Principal Order is amended by the insertion of:

““Act of 2024” means the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (No. 7 of 2024);

“Limerick City and County Council” shall be construed as in accordance with subsection (3) of section 11 of, and Part 3 of Schedule 5 to, the Local Government Act 2001 ;

“mayor” and “Mayor of Limerick” has the meaning assigned to it by section 9 of the Act of 2024;

“chief executive” shall, in the case of Limerick City and County Council, read as “director general”;

“director general” has the meaning assigned to it by section 26 of the Act of 2024.”

Amendment of Article 5 of Principal Order

5. Article 5 of the Principal Order is amended by the substitution of the following paragraph (3):

“(3) The number of persons to be appointed to be members of a regional assembly by a constituent local authority shall be as follows:

(a) in the case of the council of the city of Dublin, 7,

(b) in the case of the council of the county of Cork, 5,

(c) in the case of the council of the city and county of Limerick, 4, one of whom will be the Mayor,

(d) in the case of the councils the counties of Donegal, Dun Laoghaire-Rathdown, Fingal, Galway, Kerry, Kildare, Mayo, Meath, South Dublin, Tipperary and Wexford, 3 each, and

(e) in every other case, 2 each.”

Amendment of Article 60 of Principal Order

6. Article 60 of the Principal Order is amended by the substitution of the following article:

“(60) A regional assembly may, in accordance with such directions as may be given by the Minister to the regional assembly, pay to the Cathaoirleach of the assembly each year an allowance in respect of expenses reasonably incurred by him or her in connection with the performance of his or her functions during that year, except where the Cathaoirleach of the regional assembly is also the Mayor of Limerick.”

The Minister for Public Expenditure, National Development Plan Delivery and Reform consents to the making of the foregoing Order.

GIVEN under my Official Seal of the Minister for Public Expenditure, National Development Plan Delivery and Reform,

28 May, 2024.

PASCHAL DONOHOE,

Minister for Public Expenditure, National Development Plan Delivery and Reform.

GIVEN under my Official Seal,

28 May, 2024.

DARRAGH O’BRIEN,

Minister for Housing, Local Government and Heritage.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order amends the Local Government (Regional Assemblies) (Establishment) Order 2014 ( S.I. No. 573 of 2014 ) to take account of the enactment of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (No. 7 of 2024).