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8 1994

LOCAL GOVERNMENT ACT, 1994

PART VI

Amenity, Recreation, Library and other Functions

Provision of amenities, facilities, etc.

31. —(1) A local authority may, pursuant to section 6 of the Act of 1991, on and from the commencement of this section, take such measures, engage in such activities or do such things (including the incurring of expenditure) as it considers necessary in relation to matters mentioned in subsection (2), in accordance with and subject to the provisions of the said section 6, which section shall be so construed and have effect accordingly.

(2) The matters referred to in subsection (1) are the provision of—

(a) amenities, facilities and services related to—

(i) artistic and cultural activities,

(ii) sports, games and similar activities,

(iii) general recreational and leisure activities,

(iv) civic improvements,

(v) environmental and heritage protection and improvement, and

(vi) the public use of amenities,

including, without prejudice to the generality of the foregoing subparagraphs, the provision of any thing specified in the Fourth Schedule in respect of those subparagraphs,

(b) allotments, fairs and markets and amenities, facilities and services related thereto, and

(c) facilities and services related to the promotion of public safety, including—

(i) fire safety,

(ii) road safety,

(iii) water safety and rescue and mountain and cave safety and rescue.

(3) 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 section 6 of the Act of 1991 (whether as extended by this section or otherwise) as it considers appropriate.

(4) The repeal by this Act of any enactment under which an amenity, facility, service, allotment or any other thing was provided prior to such repeal by a local authority shall not affect the continuing provision of such thing by that local authority and the provisions of this section shall apply thereto.

(5) Nothing in this section shall be construed as limiting the operation of section 6 of the Act of 1991.

Library authorities.

32. —(1) Each of the following shall be a library authority—

(a) the council of a county, and

(b) the corporation of a county borough.

(2) A joint library committee standing established at the commencement of this section under any of the enactments repealed under section 4 shall continue to stand so established after such repeal as if it had been established under section 38 of the Act of 1991 and Part VI of that Act shall, on the commencement of this section, apply and have effect accordingly in relation to such joint library committee.

Powers of library authorities.

33. —(1) A library authority may take such measures, engage in such activities or do such things in accordance with law (including the incurring of expenditure) for the provision of library services as it considers necessary or desirable.

(2) A library authority may, in particular, arrange for the provision of—

(a) premises and facilities (including mobile facilities) for the borrowing of and reference to books, other printed matters, tapes, discs, slides, videos and such other material as is considered appropriate,

(b) activities and events of educational, cultural, recreational or similar interest,

(c) such information services as can in its opinion be supplied in conjunction with its functions as a library authority.

(3) A library authority shall not by virtue of subsection (1) or (2) undertake any activity which in its opinion would unnecessarily duplicate activity arising from the performance of a statutory function by any other public authority or person.

(4) A library authority may make such arrangements as it considers desirable for the provision of library services to any other library authority, public authority or other body (including a school) or by any such body to that library authority.

(5) A library authority shall from time to time prepare and adopt a programme for the operation and development of its library service.

(6) A library development programme shall include—

(a) an outline of the existing service;

(b) the development objectives and priorities for the library service;

(c) the measures taken or proposed to be taken to secure those objectives;

(d) the financial or other implications of the programme;

(e) such other matters as are considered necessary by the library authority or as the Minister may specify.

(7) The adoption of a library development programme shall be a reserved function.

(8) For the avoidance of doubt it is hereby declared that a library authority shall, following the repeal by this Act of the Public Libraries (Ireland) Act, 1855, have power to acquire land, by agreement or compulsorily.

An Chomhairle Leabharlanna.

34. —(1) In this section “the Act of 1947” means the Public Libraries Act, 1947.

(2) Notwithstanding the repeal of the Act of 1947 by section 4 , the body known as An Chomhairle Leabharlanna (“the Council”) standing established at the commencement of this section shall continue to stand established and shall continue to be a body corporate with perpetual succession and a seal, and power to sue and be sued in its corporate capacity and hold land.

(3) Judicial notice shall continue to be taken of the seal of the Council, and every document purporting to be sealed with the seal of the Council and to be authenticated in the manner prescribed shall, unless the contrary is proved, be deemed to have been duly and lawfully so sealed and be received in evidence without further proof and, in particular, without proof of any signature affixed to such document for the purpose of such authentication and without proof of the office or authority of the person whose signature such signature purports to be.

(4) A person who immediately before the commencement of this section was either the chairman or any other member of the Council shall continue to hold that office until the next appointment of members.

(5) The functions of the Council shall, subject to subsection (7), be the functions prescribed in the Act of 1947 and such other functions as may be specified in regulations under that subsection.

(6) Upon repeal of the Act of 1947 and the commencement of regulations under subsection (7), the Council shall operate in accordance with this section and with the provisions of such regulations without prejudice to the continued application of the Local Authorities (Officers and Employees) Act, 1926 , to an office under the Council in so far as it applies on the commencement of this section.

(7) (a) The Minister may make regulations for the purposes of the continued establishment and operation of the Council.

(b) Without prejudice to the generality of paragraph (a) regulations for such purposes may contain provisions in relation to the expenses, funding and functions of the Council, to any matter provided for in the Act of 1947 or any matter which may be included in an order under the Local Government Services (Corporate Bodies) Act, 1971 , or such other provisions as the Minister may think proper for the purposes of this section.

Application of section 8 (1) of the Act of 1991.

35. —For the avoidance of doubt it is hereby declared that the powers conferred on a local authority by section 8 (1) of the Act of 1991 shall extend to anything which is related to the general administration or operation of the authority and also that the reference to a function conferred on a local authority in that section shall be construed as referring to all such functions as may at any material time stand conferred on the local authority by or under any enactment (including that Act and this Act) and accordingly every enactment relating to a function of a local authority shall be construed and have effect in accordance with the provisions of the said section 8 (1).