Local Government Act, 2001

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Number 37 of 2001


LOCAL GOVERNMENT ACT, 2001


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title and collective citations.

2.

Interpretation generally.

3.

Construction of enactments.

4.

Regulations, orders and directions.

5.

Repeals, revocation and amendment of enactments.

6.

Savers.

7.

Commencement.

8.

Expenses.

PART 2

Local Government Areas and Local Authorities

9.

Establishment day.

10.

Local government areas.

11.

Establishment, titles and administrative areas of local authorities and consequential provisions.

PART 3

Local Authority Membership

12.

Eligibility for local authority membership.

13.

Disqualifications from local authority membership.

14.

Prohibition on multiple membership of local authorities.

15.

Offence to act when disqualified.

16.

Cesser of membership.

17.

Term of office.

18.

Resignation from membership.

19.

Casual vacancies.

20.

Savers (Part 3).

21.

Number of members of local authorities, etc.

22.

Alteration of number of members of local authority.

PART 4

Local Elections

23.

Local electoral areas.

24.

Right to vote at local elections.

25.

Prohibition of plural voting.

26.

Year of elections to all local authorities.

27.

Conduct of elections.

28.

Temporary arrangements with respect to certain polling districts and register of electors.

29.

Consequential appointments to certain other bodies.

30.

Savers (Part 4).

PART 5

Cathaoirleach and Leas-Chathaoirleach

Chapter 1

General

31.

Cathaoirleach and Leas-Chathaoirleach.

32.

Alternative titles to Cathaoirleach and Leas-Chathaoirleach, etc.

33.

Resignation of Cathaoirleach or Leas-Chathaoirleach.

34.

Removal of Cathaoirleach or Leas-Chathaoirleach from office.

Chapter 2

Election by Local Authority

35.

Application of Chapter 2.

36.

Annual election of Cathaoirleach and Leas-Chathaoirleach by local authority.

37.

Method of election of Cathaoirleach by local authority.

38.

Casual vacancy in the office of Cathaoirleach or Leas-Chathaoirleach.

Chapter 3

Direct Election

39.

Application of Chapter 3.

40.

Direct election and tenure of Cathaoirleach of county council and city council.

41.

Casual vacancy in office of Cathaoirleach of county council or city council.

42.

Amendments to certain Acts, relating to direct elections, etc.

43.

Election petitions in relation to direct elections.

PART 6

Meetings and Proceedings of Local Authorities

44.

Application (Part 6).

45.

Attendance of public and media at meetings.

46.

Meetings administrator.

47.

Effective discharge of business.

PART 7

Committees and Joint Committees

48.

Strategic policy committees.

49.

Municipal policy committees.

50.

Area committees.

51.

Committees of local authorities.

52.

Joint committees of local authorities.

53.

Saver for acts of committee or joint committee.

54.

Regulations (Part 7).

PART 8

Local Authority Boundary Alteration

55.

Interpretation (Part 8).

56.

Proposal by local authority for alteration of boundary.

57.

Application for boundary alteration.

58.

Supplementary provision to sections 56 and 57.

59.

Minister may request review.

60.

Report by Local Government Commission.

61.

Power to alter boundaries, etc.

62.

Provisions consequential on boundary alteration.

PART 9

Functions of Local Authorities

Chapter 1

General Functions of Local Authorities

63.

Statement of local authority functions.

64.

Representational functions of local authorities.

65.

Ancillary functions of local authorities.

66.

Promotion of interests of local community.

67.

Amenity, recreation and other functions.

68.

Irish language and local authorities.

69.

Local authorities to have regard to certain matters in performing functions, etc.

70.

Exercise of certain functions.

71.

Objective of unified service to the public.

72.

Transfer of certain functions to local authorities.

73.

Saver (functional area).

Chapter 2

Ceremonial Functions

74.

Civic honours.

75.

Twinning of local authority areas.

76.

Entertainment and associated expenses of local authorities.

Chapter 3

Library and Archival Functions

77.

Library authorities.

78.

Functions of library authorities.

79.

An Chomhairle Leabharlanna.

80.

Records and archives of local authorities.

Chapter 4

Non-Public Roads — Local Improvement Schemes

81.

Assistance towards non-public roads.

Chapter 5

Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc.

82.

Definitions (Chapter 5).

83.

Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc.

84.

Saver (Chapter 5).

PART 10

Agreements and arrangements concerning functions

85.

Agreements concerning functions.

86.

Joint discharge of functions and provision of services.

87.

Direction to make agreements.

88.

Savers (Part 10).

PART 11

Local Government Commission

89.

Establishment of Local Government Commission.

90.

Functions of Commission.

91.

Members of Commission.

92.

Eligibility and tenure of office of members, etc.

93.

Meetings and procedures of Commission.

94.

Services to Commission.

95.

Submissions to Commission.

PART 12

Financial Procedures and Audit

Chapter 1

Financial Procedures

96.

Local financial year.

97.

The local fund.

98.

Banking arrangements.

99.

Authorisation of payments.

100.

County council expenditure: town services.

101.

Expenses of certain town councils.

102.

Local authority budget.

103.

Local authority budget meeting.

104.

Limitation on additional expenditure.

105.

Submission of financial statements and reports.

106.

Borrowing and lending of money.

107.

Keeping of accounts.

108.

Consideration of annual financial statement.

109.

Community fund.

110.

Community initiative scheme.

111.

Regulations (Chapter 1).

112.

Obligations in case of proposal involving illegal payment, deficiency or loss.

113.

Savers.

Chapter 2

Audit

114.

Interpretation (Chapter 2).

115.

Application (Chapter 2).

116.

Local Government Audit Service.

117.

Code of audit practice.

118.

Audit procedure.

119.

Right of auditor to inspect documents, obtain information, etc.

120.

Audit opinion and report.

121.

Consideration of annual financial statement and auditor's report.

122.

Audit committee.

123.

Extraordinary audit.

124.

Re-assignment of audit.

125.

Audit fees.

126.

Certification of claims, returns, etc.

PART 13

Local Authorities and the Local Community

127.

Consultation with the local community.

128.

Recognised associations.

129.

County or City Development Boards.

PART 14

The Local Government Service

Chapter 1

The Elected Council

130.

Policy role of elected council.

131.

Reserved functions.

132.

Reserved functions: duty of manager.

133.

Corporate policy group.

134.

Corporate plan.

135.

Report on capital programme.

136.

Furnishing of information to elected council.

137.

Plans, specifications to be prepared for elected council.

138.

Prior information to elected council.

139.

Direction that works not proceed.

140.

Requirement that a particular thing be done.

141.

Duty of members appointed to other bodies.

142.

Members' expenses, remuneration, etc.

143.

Allowance for Cathaoirleach and Leas-Chathaoirleach.

Chapter 2

Position of Manager

144.

Position of manager.

145.

Appointment of manager.

146.

Suspension and removal of manager.

147.

Tenure of manager.

148.

Deputy manager.

149.

Executive functions.

Chapter 3

Procedural Matters

150.

Definitions.

151.

Manager acting by signed order.

152.

Attendance of manager at local authority meetings.

153.

Legal proceedings.

154.

Delegation of functions.

Chapter 4

Local Authority Personnel

155.

Definitions (Chapter 4).

156.

Appropriate Minister.

157.

Application (Chapter 4).

158.

Provisions relating to the employment of persons by local authorities.

159.

Staffing and organisational arrangements.

160.

Qualifications for employment.

161.

Restrictions on local authority employment and membership of a local authority.

162.

Modification of restriction on being employed under certain related bodies.

163.

Amendment of Local Authorities (Officers and Employees) Act, 1926.

164.

Amendment of Unfair Dismissals Act, 1977.

165.

Savers (Chapter 4).

PART 15

Ethical Framework for the Local Government Service

166.

Interpretation (Part 15).

167.

Application (Part 15).

168.

Standards of integrity.

169.

Codes of conduct for Local Government Service.

170.

Prohibition of favours, rewards, etc.

171.

Annual declaration.

172.

Public register of interests.

173.

Ethics registrar.

174.

Duty of ethics registrar, etc.

175.

Declarable interests.

176.

Beneficial interests.

177.

Disclosure by member of local authority of pecuniary or other beneficial interests.

178.

Disclosure by manager for local authority of pecuniary or other beneficial interests.

179.

Disclosure by employee, etc. of local authority of pecuniary or other beneficial interests.

180.

Application of Ethics in Public Office Act, 1995, etc.

181.

Offences (Part 15).

182.

Consequences of failure to comply with sections 171, 177, 178 and 179.

PART 16

Land

183.

Land disposals, notification of members.

184.

Exercise of certain land functions.

PART 17

Establishment of New Town Councils, etc.

185.

Establishment of town council.

186.

First election to town council.

187.

Dissolution of town council.

PART 18

Changing of Names of Areas and Display of Names of Streets, etc.

188.

Interpretation (Part 18).

189.

Changing of name of town.

190.

Changing of name of townland or non-municipal town situated wholly within one county or city.

191.

Changing of name of townland or non-municipal town situated in more than one county, etc.

192.

Changing of name of street situated in one local authority area.

193.

Changing of name of street situated in more than one local authority area.

194.

Changing of name of locality situated in one local authority area.

195.

Changing of name of locality situated in more than one local authority area.

196.

General provisions relating to change of names.

197.

Display of name of street, etc.

PART 19

Bye-Laws

198.

Interpretation (Part 19).

199.

Power to make bye-law.

200.

Procedure for making bye-law.

201.

Certain bye-laws to be submitted to appropriate Minister.

202.

Publication of bye-law.

203.

Proof of bye-law.

204.

Obstruction, etc. of authorised person.

205.

Bye-law offences and penalties.

206.

Fixed payment notices.

207.

Prosecution of offences (Part 19).

208.

Payments of fines and fixed payments.

209.

Continuation in force of existing bye-laws, etc.

210.

Power to apply (Part 19).

211.

Amendment of Control of Dogs Act, 1986.

PART 20

Public Local Inquiries

212.

Power to hold public local inquiries.

213.

Power of inspector conducting a public local inquiry.

214.

Power to direct payment of certain costs in relation to a public local inquiry, etc.

PART 21

Consequential Provisions on Failure to Perform Functions

215.

Definitions (Part 21).

216.

Failure to perform functions, etc.

217.

Holding of new election after removal of members.

218.

Appointment of commissioners, etc.

219.

Exercise of functions by commissioners.

220.

Linked bodies.

PART 22

Miscellaneous

221.

Annual report.

222.

Returns, information to Minister.

223.

Electoral divisions.

224.

Report by authorised person.

225.

Local authority associations.

226.

Local Authority Members' Association.

227.

Reclaimed land and structures to form part of local authority area.

228.

Acceptance of gifts by a local authority.

229.

Power of local authorities to enter into contracts, etc.

230.

Joint burial boards.

231.

Joint drainage committees.

232.

Regulations to remove difficulties.

233.

Reduction of grants etc. in certain circumstances.

234.

Offence by body corporate.

235.

Commencement of summary proceedings.

236.

Discharge of certain functions by Minister.

237.

Regional authorities, functions.

PART 23

Transfer of Temple Bar Properties Limited to Dublin City Council

238.

Definition (Part 23).

239.

Transfer of Temple Bar Properties Limited to Dublin City Council.

240.

Shareholder in Temple Bar Properties Limited.

241.

Transitional (Part 23).

242.

Repeals (Part 23).

PART 24

Miscellaneous Amendments

243.

Amendment of Electoral Act, 1992.

244.

Amendment of Housing (Traveller Accommodation) Act, 1998.

245.

Amendment of Roads Act, 1993.

246.

Amendment of Abattoirs Act, 1988.

247.

Additional amendments to Planning and Development Act, 2000.

SCHEDULE 1

Acts included in collective citation — Local Government Acts, 1925 to 2001

SCHEDULE 2

Construction of Certain Terms in Other Enactments

SCHEDULE 3

Enactments Repealed and Revoked

SCHEDULE 4

Minor and consequential Amendments to Acts

SCHEDULE 5

Local Government Areas (Counties and Cities)

SCHEDULE 6

Local Government Areas (Towns)

SCHEDULE 7

Number of Members of Local Authorities

SCHEDULE 8

Alternative Titles to Cathaoirleach and Leas-Chathaoirleach, etc.

SCHEDULE 9

Minor and Consequential Amendments relating to Direct Elections, etc.

SCHEDULE 10

Meetings and Proceedings of Local Authorities

1.

Local authority meetings.

2.

Place, date and time of meetings.

3.

Day of annual meeting.

4.

Business and public notice of annual meeting.

5.

Local authority budget meeting.

6.

Special meetings.

7.

Notification of meeting and agenda.

8.

Public notice of meetings.

9.

Business of meeting.

10.

Chairing of meetings.

11.

Quorum.

12.

Doing of acts and determination of questions.

13.

Disorderly conduct.

14.

Minutes.

15.

Record of attendance at meetings and address for correspondence.

16.

Standing orders.

17.

Committees.

18.

Right to form groups for certain appointments.

19.

Equity in appointments, etc.

SCHEDULE 11

Local Authority Boundary Alteration

SCHEDULE 12

Acts of the Oireachtas: Functions of Local Authorities

SCHEDULE 13

Amenities, Recreation and Other Functions

SCHEDULE 14

Certain Reserved Functions

SCHEDULE 15

Functions to be done by Manager's Order


Acts Referred to

Abattoirs Act, 1988

1988, No. 8

Air Pollution Act, 1987

1987, No. 6

Air-raid Precautions Acts, 1939 and 1946

Arterial Drainage Acts, 1945 and 1995

Arts Acts, 1951 and 1973

Building Control Act, 1990

1990, No. 3

Canals Act, 1986

1986, No. 3

Casual Trading Act, 1995

1995, No. 19

City and County Management (Amendment) Act, 1955

1955, No. 12

Civil Service Regulation Act, 1956

1956, No. 46

Coast Protection Act, 1963

1963, No. 12

Commissioners Clauses Act, 1847

10 & 11 Vict. c. 16

Companies Act, 1963

1963, No. 33

Companies Acts, 1963 to 1999

Control of Dogs Act, 1986

1986, No. 32

Control of Dogs Acts, 1986 and 1992

Control of Dogs (Amendment) Act, 1992

1992, No. 13

Control of Horses Act, 1996

1996, No. 37

Cork City Management Act, 1929

1929, No. 1

Cork City Management (Amendment) Act, 1941

1941, No. 5

Cork City Management (Amendment) Act, 1965

1965, No. 8

Coroners Act, 1962

1962, No. 9

Counties and Boroughs (Ireland) Act, 1840

3 & 4 Vict. c. 109

County Dublin Grand Jury Act, 1844

7 & 8 Vict. c. 106

County Management Act, 1940

1940, No. 12

County Management (Amendment) Act, 1942

1942, No. 13

County Management (Amendment) Act, 1972

1972, No. 32

County Treasurers (Ireland) Act, 1867

30 & 31 Vict. c. 46

Courthouses (Provision and Maintenance) Act, 1935

1935, No. 18

Courts (Establishment and Constitution) Act, 1961

1961, No. 38

Dangerous Substances Acts, 1972 and 1979

Derelict Sites Act, 1990

1990, No. 14

Development and Road Improvement Funds Act, 1909

9 Edw. 7. c. 47

Dublin Docklands Development Authority Act, 1997

1997, No. 7

Dublin Transport Authority (Dissolution) Act, 1987

1987, No. 34

Ethics in Public Office Act, 1995

1995, No. 22

Electoral Act, 1963

1963, No. 19

Electoral Act, 1992

1992, No. 23

Electoral Act, 1997

1997, No. 25

Electoral Act, 1992 to 1999

Electoral (Amendment) Act, 1998

1998, No. 4

Environmental Protection Agency Act, 1992

1992, No. 7

European Parliament Elections Act, 1997

1997, No. 2

Finance (Excise Duties) (Vehicles) Act, 1952

1952, No. 24

Fire Services Act, 1981

1981, No. 30

Food Safety Authority of Ireland Act, 1998

1998, No. 29

Foreshore Acts, 1933 to 1998

Gaming and Lotteries Act, 1956

1956, No. 2

Grand Jury (Ireland) Act, 1836

6 & 7 Will. 4 c. 116

Grand Jury (Ireland) Act, 1853

16 & 17 Vict. c. 136

Harbours Act, 1946

1946, No. 9

Harbours Act, 1996

1996, No. 11

Harbours Acts, 1946 to 1976

Health Act, 1970

1970, No. 1

Health Acts, 1947 to 2001

Health (Eastern Regional Health Authority) Act, 1999

1999, No. 13

Health (Fluoridation of Water Supplies) Act, 1960

1960, No. 46

Holidays (Employees) Act, 1973

1973, No. 25

Housing Act, 1966

1966, No. 21

Housing Act, 1988

1988, No. 28

Housing Acts, 1966 to 1998

Housing (Miscellaneous Provisions) Act, 1992

1992, No. 18

Housing (Private Rented Dwellings) Acts, 1982 and 1983

Housing (Traveller Accommodation) Act, 1998

1998, No. 33

Industrial Development Act, 1986

1986, No. 9

Industrial Development Act, 1995

1995, No. 28

Interpretation Act, 1937

1937, No. 38

Limerick City Management Act, 1934

1934, No. 35

Limerick City Management Act, 1950

1950, No. 24

Litter Pollution Act, 1997

1997, No. 12

Local Authorities (Acceptance of Gifts) Act, 1945

1945, No. 30

Local Authorities (Cost of Living) Act, 1940

1940, No. 22

Local Authorities (Cost of Living) (Amendment) Act, 1945

1945, No. 13

Local Authorities (Electrical Employees) Act, 1937

1937, No. 13

Local Authorities (Higher Education Grants) Acts, 1968 to 1992

Local Authorities (Miscellaneous Provisions) Act, 1936

1936, No. 55

Local Authorities (Mutual Assurance) Acts, 1926 to 1935

Local Authorities (Officers and Employees) Act, 1926

1926, No. 39

Local Authorities (Officers and Employees) Acts, 1926 to 1983

Local Authorities (Traffic Wardens) Acts, 1975 and 1987

Local Authorities (Works) Act, 1949

1949, No. 17

Local Elections Acts, 1974 to 1999

Local Elections (Disclosure of Donations and Expenditure) Act, 1999

1999, No. 7

Local Elections (Petitions and Disqualifications) Act, 1974

1974, No. 8

Local Government Act, 1925

1925, No. 5

Local Government Act, 1927

1927, No. 3

Local Government Act, 1941

1941, No. 23

Local Government Act, 1946

1946, No. 24

Local Government Act, 1955

1955, No. 9

Local Government Act, 1958

1958, No. 9

Local Government Act, 1959

1959, No. 10

Local Government (No. 2) Act, 1960

1960, No. 40

Local Government Act, 1991

1991, No. 11

Local Government Act, 1994

1994, No. 8

Local Government Act, 1998

1998, No. 16

Local Government Act, 2000

2000, No. 25

Local Government (Amendment) (No. 2) Act, 1934

1934, No. 44

Local Government Board (Ireland) Act, 1872

35 & 36 Vict. c. 69

Local Government (Buncrana) Act, 1968

1968, No. 2

Local Government (Collection of Rates) Act, 1924

1924, No. 11

Local Government (Dublin) Act, 1930

1930, No. 27

Local Government (Dublin) Act, 1945

1945, No. 8

Local Government (Dublin) Act, 1993

1993, No. 31

Local Government (Financial Provisions) Act, 1978

1978, No. 35

Local Government (Financial Provisions) Act, 1983

1983, No. 10

Local Government (Financial Provisions) (No. 2) Act, 1983

1983, No. 21

Local Government (Financial Provisions) Act, 1997

1997, No. 29

Local Government (Financial Provisions) Act, 2000

2000, No. 6

Local Government (Galway) Act, 1937

1937, No. 3 (Private)

Local Government (Ireland) Act, 1871

34 & 35 Vict. c. 109

Local Government (Ireland) Act, 1898

61 & 62 Vict. c. 37

Local Government (Ireland) Act, 1900

63 & 64 Vict. c. 63

Local Government (Ireland) Act, 1902

2 Edw. 7. c. 38

Local Government (Multi-Storey Buildings) Act, 1988

1988, No. 29

Local Government (Nomination of Presidential Candidates) Act, 1937

1937, No. 36

Local Government (Planning and Development) Acts, 1963 to 1999

Local Government (Rateability of Rents) (Abolition) Act, 1971

1971, No. 15

Local Government (Rates) Act, 1970

1970, No. 2

Local Government (Reorganisation) Act, 1985

1985, No. 7

Local Government (Roads and Drainage) Act, 1968

1968, No. 6

Local Government (Sanitary Services) Act, 1948

1948, No. 3

Local Government (Sanitary Services) Act, 1964

1964, No. 29

Local Government (Sanitary Services) Acts, 1878 to 1995

Local Government (Sanitary Services) (Joint Burial Boards) Act, 1952

1952, No. 22

Local Government (Superannuation) Act, 1980

1980, No. 8

Local Government (Temporary Provisions) (Amendment) Act, 1924

1924, No. 13

Local Government (Water Pollution) Acts, 1977 and 1990

Local Government Services (Corporate Bodies) Act, 1971

1971, No. 6

Local Officers and Servants (Dublin) Act, 1941

1941, No. 15

Malicious Injuries Acts, 1981 and 1986

Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act, 1998

1998, No. 7

Municipal Corporations Act, 1882

45 & 46 Vict. c. 50

Municipal Corporations (Ireland) Act, 1840

3 & 4 Vict. c. 108

Municipal Corporations (Ireland) Act, 1843

6 & 7 Vict. c. 93

Municipal Corporations Mortgages etc. Act, 1860

23 & 24 Vict. c. 16

Municipal Elections (Corrupt and Illegal Practices) Act, 1884

47 & 48 Vict. c. 70

National Archives Act, 1986

1986, No. 11

National Monuments Acts, 1930 to 1994

Organisation of Working Time Act, 1997

1997, No. 20

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict. c. 93

Planning and Development Act, 2000

2000, No. 30

Pounds (Provision and Maintenance) Act, 1935

1935, No. 17

Presidential Elections Act, 1993

1993, No. 28

Prevention of Corruptions Acts, 1889 to 1995

Public Health Acts Amendment Act, 1890

53 & 54 Vict. c. 59

Public Health Acts Amendment Act, 1907

7 Edw. 7. c. 53

Public Health (Ireland) Act, 1878

41 & 42 Vict. c. 52

Public Health (Ireland) Act, 1896

59 & 60 Vict. c. 54

Public Libraries Act, 1947

1947, No. 40

Regional Technical Colleges (Amendment) Act, 1999

1999, No. 20

Road Fund (Grants) (Temporary Provisions) Act, 1962

1962, No. 3

Roads Act, 1993

1993, No. 14

Roads Acts, 1993 and 1998

Road Traffic Acts, 1961 to 1995

Safety, Health and Welfare at Work Act, 1989

1989, No. 7

School Attendance Act, 1926

1926, No. 17

School Attendance Acts, 1926 to 1967

Seanad Electoral (Panel Members) Acts, 1947 and 1954

Social Welfare (Consolidation) Act, 1981

1981, No. 1

Survey (Ireland) Acts, 1825 to 1870

Temple Bar Area Renewal and Development Act, 1991

1991, No. 19

Town Renewal Act, 2000

2000, No. 18

Towns Improvement Clauses Act, 1847

10 & 11 Vict. c. 34

Towns Improvement (Ireland) Act, 1854

17 & 18 Vict. c. 103

Údarás na Gaeltachta Acts, 1979 to 1999

Unemployment (Relief Works) Act, 1940

1940, No. 34

Unfair Dismissals Act, 1977

1977, No. 10

Universities Act, 1997

1997, No. 24

Urban Renewal Act, 1986

1986, No. 19

Urban Renewal Act, 1998

1998, No. 27

Vocational Education Act, 1930

1930, No. 29

Vocational Education Acts, 1930 to 1999

Waste Management Act, 1996

1996, No. 10

Water Supplies Act, 1942

1942, No. 1

Waterford City Management Act, 1939

1939, No. 25

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Number 37 of 2001


LOCAL GOVERNMENT ACT, 2001


AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO LOCAL GOVERNMENT AND, IN PARTICULAR, TO CONSOLIDATE WITH AMENDMENTS CERTAIN ENACTMENTS RELATING GENERALLY TO LOCAL AUTHORITIES. [21st July, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: