S.I. No. 507/2002 - Local Government Act, 2001 (Commencement) (No. 5) Order, 2002

The Minister for the Environment and Local Government in exercise of the powers conferred on him by section 7 of the Local Government Act, 2001 (>No. 37 of 2001) hereby orders as follows:-

1. This Order may be cited as the Local Government Act, 2001 (Commencement) (No. 5 Order, 2002.

2. In this Order “the Act of 2001” means the Local Government Act, 2001 (No. 37 of 2001).

3. On 14 November, 2002 Parts 12 (insofar as it has not already been commenced) and 21 of the Act of 2001 shall come into operation.

4. On 14 November, 2002 paragraph 5 of Schedule 10 to the Act of 2001 shall come into operation.

5. On 14 November, 2002 section 5(1) of and Part 1 of Schedule 3 to the Act of 2001 shall come into operation to the extent specified in Part I of the Schedule to this Order.

6. On 14 November, 2002 section 5(2) of and Part 2 of Schedule 3 to the Act of 2001 shall come into operation to the extent specified in Part 2 of the Schedule to this Order.

7. On 14 November, 2002 section 5(3) of and Schedule 4 to the Act of 2001, shall come into operation for the purpose of

(a) the amendment to the Local Government (Ireland) Act, 1898 in the manner stated in column 3 of Schedule 4 to the Act of 2001,

(b) the amendments to the Local Government (Financial Provisions) Act, 1978 in the manner stated in column 3 of Schedule 4 to the Act of 2001,

(c) the amendment to the Local Government (Financial Provisions) Act, 1997 in the manner stated in column 3 of Schedule 4 to the Act of 2001.

8. On 14 November, 2002 section 231 of the Act of 2001 shall come into operation.

9. On 1 January, 2003 section 135 of the Act of 2001 shall come into operation.

10. On 1 January, 2004 section 1(4) of the Act of 2001 shall come into operation.

SCHEDULE

PART 1

Acts Repealed

Session and Chapter or Number and Year	Short Title	Extent of Repeal
1	2	3
17 & 18 Vict. c. 103	Towns Improvement (Ireland) Act, 1854	Section 59.
30 & 31 Vict. c. 46	County Treasurers (Ireland) Act, 1867	The whole Act.
34 & 35 Vict. c. 109	Local Government (Ireland) Act, 1871	Section 18.
35 & 36 Vict. c. 69	Local Government Board (Ireland) Act, 1872	Section 12.
61 & 62 Vict. c. 37	Local Government (Ireland) Act, 1898	Section 83(12).
2 Edw. 7. c. 38	Local Government (Ireland) Act, 1902	Sections 21 and 22.
No. 5 of 1925	Local Government Act 1925	Section 86.
No. 1 of 1929	Cork City Management Act, 1929	The whole Act insofar as it is not already repealed.
No. 27 of 1930	Local Government (Dublin) Act, 1930	Sections 54(2), 61, 62 and 95.
No. 35 of 1934	Limerick City Management Act, 1934	Sections 16(2), 23 and 24.
No. 55 of 1936	Local Authorities (Miscellaneous Provisions) Act, 1936	Sections 2 and 3.
No. 3 (Private) 1937	Local Government (Galway) Act, 1937	The whole Act insofar as it is not already repealed.
No. 36 of 1937	Local Government (Nomination of Presidential Candidates) Act, 1937	The whole Act.
No. 25 of 1939	Waterford City Management Act, 1939	Sections 15(2), 22 and 23.
No. 12 of 1940	County Management Act, 1940	The whole Act insofar as it is not already repealed.
No. 5 of 1941	Cork City Management (Amendment) Act, 1941	Sections 14 and 15.
No. 23 of 1941	Local Government Act, 1941	Part IV and sections 68, 69 and 77.
No. 24 of 1946	Local Government Act, 1946	Sections 7 to 9, 15 to 17, 22, 26 and 27, 34, 64 and 65, 80 and 81.
No. 9 of 1955	Local Government Act, 1955	Sections 48 and 61.
No. 12 of 1955	City and County Management (Amendment) Act, 1955	The whole Act insofar as it is not already repealed.
No. 40 of 1960	Local Government (No. 2) Act, 1960	Part II.
No. 35 of 1978	Local Government (Financial Provisions) Act, 1978	Sections 11, 12 and 14.
No. 8 of 1994	Local Government Act, 1994	Section 44.
No. 29 of 1997	Local Government (Financial Provisions) Act, 1997	Sections 8, 13 and 16.

PART 2

Orders Revoked

Year and Number	Short Title	Extent of Revocation
1	2	3
1898 No. 1120	Local Government (Application of Enactments) Order, 1898	The whole Order insofar as it is not already revoked.
1899 No. 44	Local Government (Adaptation of Irish Enactments) Order, 1899	Article 43.

GIVEN under the Official Seal of the Minister for the Environment and Local Government this 11^th day of November, 2002.

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Martin Cullen

___________________________

Minister for the Environment and Local Government

EXPLANATORY NOTE

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

This Order brings into operation Parts 12 and 21 of the Local Government Act, 2001 relating to financial procedures and audit and consequential provisions on failure to perform functions and certain other associated provisions.