PART 9

Functions of Local Authorities

Chapter 1

General Functions of Local Authorities

63. —(1) The functions of a local authority are—

(a) to provide a forum for the democratic representation of the local community, in accordance with section 64 , and to provide civic leadership for that community,

(b) to carry out such functions as may at any material time stand conferred on the relevant authority by or under any enactment (including this Act and any other enactment whether enacted before or after this Act),

(c) to carry out any ancillary functions under section 65 , and

(d) to take such action as it considers necessary or desirable to promote the community interest in accordance with section 66 .

(2) (a) Without prejudice to the scope of subsection (1)(b) and for ease of reference only, there is set out—

(i) in Part 1 of Schedule 12, certain Acts of the Oireachtas, the responsibility for which is primarily that of the Minister, which confer functions on local authorities or on classes of local authorities, and

(ii) in Part 2 of Schedule 12, certain Acts of the Oireachtas, the responsibility for which is primarily that of a Minister of the Government other than the Minister, which confer functions on local authorities or on classes of local authorities.

(b) Paragraph (a) shall not be read as setting out all relevant Acts which confer functions on local authorities or on classes of local authorities.

(3) Subject to law, a local authority is independent in the performance of its functions.

(4) Subject to law, the functions of a local authority shall be performed for or on behalf of the local authority and in its name by the elected council or the manager as may be appropriate in accordance with Part 14.

64. —(1) As a forum for the democratic representation of the local community a local authority may represent the interests of such community in such manner as it thinks appropriate.

(2) Without prejudice to the generality of subsection (1), a local authority may for the purposes of giving effect to that subsection—

(a) ascertain and communicate to other local authorities and public authorities the views of the local community in relation to matters as respects which those other authorities perform functions and which affect the interests of the administrative area of the authority and the local community,

(b) promote, organise or assist the carrying out of research, surveys (including public opinion surveys) or studies with respect to the local community or its administrative area,

(c) facilitate and promote interest and involvement in local government affairs generally,

(d) promote interest among young people in democracy and local government and in community and civic affairs generally,

(e) promote the use of the Irish language and support Gaeltacht communities.

(3) The making of a decision by a local authority in relation to the representation of the views of the local community under this section is a reserved function.

65. —(1) A local authority may do anything ancillary, supplementary or incidental to or consequential on or necessary to give full effect to, or which will facilitate or is conducive to the performance of, a function conferred on it by this or any other enactment or which can advantageously be performed by the authority in conjunction with the performance of such a function.

(2) The reference in subsection (1) to a function conferred on a local authority shall be read as including—

(a) all such functions as may at any material time stand conferred on the local authority by or under any enactment (including this Act and any other enactment whether enacted before or after this Act),

(b) the provision of offices, equipment or the doing of anything else which is necessary for or related to the general operation, organisation or administration of the authority.

(3) Every enactment relating to a function of a local authority shall be read and have effect in accordance with this section.

66. —(1) In this section “assistance in money or in kind” includes—

(a) grants, loans, guarantees or other financial aid,

(b) land and structures of any kind and related services, facilities or equipment,

(c) plant, machinery or equipment or the carrying out of works,

(d) the services of staff of the local authority concerned,

(e) financial aid in relation to the employment of staff, and

(f) professional or technical assistance.

(2) A decision by a local authority under this section to provide assistance in money or in kind to which paragraph (a), (b) or (e) of subsection (1) applies is a reserved function.

(3) (a) Subject to this section, a local authority may take such measures, engage in such activities or do such things in accordance with law (including the incurring of expenditure) as it considers necessary or desirable to promote the interests of the local community.

(b) For the purposes of this section a measure, activity or thing is deemed to promote the interests of the local community if it promotes, directly or indirectly, social inclusion or the social, economic, environmental, recreational, cultural, community or general development of the administrative area (or any part of it) of the local authority concerned or of the local community (or any group consisting of members of it).

(c) Nothing in subsection (4) or section 67 shall be read as restricting the generality or meaning of this subsection.

(4) Without prejudice to the generality of subsection (3), a local authority may for the purposes of this section—

(a) carry out and maintain works of any kind,

(b) provide, maintain, manage, preserve or restore land, structures of any kind or facilities,

(c) fit out, furnish or equip any building, structure or facility for particular purposes,

(d) provide utilities, equipment or materials for particular purposes,

(e) provide any service or other thing or engage in any activity that, in the opinion of the authority, is likely to benefit the local community,

(f) upon and subject to such terms and conditions as the authority considers appropriate, provide assistance in money or in kind (including the provision of prizes and other incentives) in respect of the organisation or promotion of competitions, seminars, exhibitions, displays, festivals or other events, or organise or promote such events,

(g) upon and subject to such terms and conditions as the authority considers appropriate, provide assistance in money or in kind to persons engaging in any activity that, in the opinion of the authority, benefits the local community,

(h) take such measures in relation to the matters mentioned in section 67 as it considers necessary or desirable,

(i) enter into such contracts and make such other arrangements (including the incorporation of one or more than one company) as the authority considers necessary or expedient either alone or jointly with any other local authority or public authority or any other person.

(5) A local authority shall not, by virtue of this section, perform any function (including the incurring of expenditure or any liability, whether contractual or otherwise) which is conferred on the authority by any other provision of this Act (other than section 67 ) or of any other enactment.

(6) A local authority shall not, by virtue of this section, undertake or provide assistance in money or in kind for the undertaking of any activity that would—

(a) prejudice or unnecessarily duplicate activity arising from the performance of a statutory function by any person in the administrative area of the authority, or

(b) having regard to the activities or proposed activities of that person in relation to the area, involve wasteful or unnecessary expenditure by the local authority.

(7) The Minister may, with the consent of the Minister for Finance, prescribe by regulations matters in respect of which a local authority is not to exercise the functions conferred by this section or in respect of which such exercise is subject to terms or conditions set out in the regulations.

(8) Expenditure (including the incurring of any liability whether contractual or otherwise) by a local authority in respect of the performance of its functions under this section (whether in respect of a particular activity or otherwise or in respect of a particular period or otherwise) shall not exceed such amount as may be prescribed by regulations made by the Minister.

(9) There shall be recorded in the annual report of a local authority for every year expenditure and other particulars in relation to the performance of its functions under this section.

(10) 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 this section (including matters mentioned in section 67 ) as it considers appropriate.

67. —(1) In accordance with and subject to section 66 , a local authority may take such measures, engage in such activities or do such things (including the incurring of expenditure) as it considers necessary or desirable to promote the interests of the local community in relation to the matters indicated in subsection (2).

(2) (a) The matters referred to in subsection (1) are—

(i) general recreational and leisure activities,

(ii) sports, games and similar activities,

(iii) artistic, linguistic and cultural activities,

(iv) civic improvements,

(v) general environmental and heritage protection and improvement,

(vi) allotments, fairs and markets, and related amenities, facilities and services,

(vii) the public use of amenities (both natural and made or altered by human intervention), and

(viii) the promotion of public safety.

(b) Without prejudice to the generality of paragraph (a), the matters referred to in subsection (1) shall also include the matters set out in the first column of Schedule 13 as expanded upon in the second column of that Schedule.

(3) This section also applies to any amenity, facility, service, allotment or any other thing referred to in section 31(4) of the Local Government Act, 1994 .

(4) Nothing in this section shall be read as limiting the operation of section 66 .

68. —(1) A local authority may, in performing its functions, take such steps as it considers appropriate to encourage the use of the Irish language.

(2) (a) The Minister shall in accordance with this section issue, or arrange for the issue, to local authorities of guidelines, codes of practice or other guidance as regards the use of the Irish language in local government either generally or in respect of aspects of local authority functions.

(b) Without prejudice to the generality of paragraph (a), such guidance may deal with the use of the Irish language by local authorities in relation to—

(i) correspondence with members of the public, including written, oral, telephone and electronic communications;

(ii) stationery, advertisements, notices or other official documents;

(iii) the provision of services in the Gaeltacht;

(iv) the provision of, or access to, suitable training for employees;

(v) the promotion generally of the Irish language.

(3) A local authority shall have regard to such guidance in the performance of its functions.

(4) (a) For the purposes of this section the Minister may from time to time appoint an advisory group to be known by such name as may be designated by him or her.

(b) An advisory group appointed under this section shall include—

(i) at least one person who is a member of a local authority;

(ii) at least one person who is a manager or other employee of a local authority;

(iii) at least one person who is an officer of the Minister; and

(iv) at least 2 persons from organisations concerned with the promotion of the Irish language.

69. —(1) Subject to subsection (2), a local authority, in performing the functions conferred on it by or under this or any other enactment, shall have regard to—

(a) the resources, wherever originating, that are available or likely to be available to it for the purpose of such performance and the need to secure the most beneficial, effective and efficient use of such resources,

(b) the need to maintain adequately those services provided by it which it considers to be essential and, in so far as practicable, to ensure that a reasonable balance is achieved, taking account of all relevant factors, between its functional programmes,

(c) the need for co-operation with, and the co-ordination of its activities with those of other local authorities, public authorities and bodies whose money is provided (directly or indirectly) either wholly or partly by a Minister of the Government the performance of whose functions affect or may affect the performance of those of the authority so as to ensure efficiency and economy in the performance of its functions,

(d) the need for consultation with other local authorities, public authorities and bodies referred to in paragraph (c) in appropriate cases,

(e) policies and objectives of the Government or any Minister of the Government in so far as they may affect or relate to its functions,

(f) the need for a high standard of environmental and heritage protection and the need to promote sustainable development, and

(g) the need to promote social inclusion.

(2) A local authority shall perform those functions which it is required by law to perform and this section shall not be read as affecting any such requirement.

(3) Every enactment relating to a function of a local authority shall be read and have effect subject to this section.

(4) A local authority shall not by virtue of sections 63 to 67 perform any function—

(a) which it is prohibited from enjoying or performing by this or any other enactment, or

(b) without being subject to or complying with any conditions or restrictions to which, by virtue of this or any other enactment, the performance of the function is subject.

70. —The functions of a local authority under sections 64 to 67 may be performed by any local authority in respect of its administrative area and may in respect of a town be exercised separately by the town council or county council concerned or jointly by both.

71. —(1) Without prejudice to sections 69 and 70, this section applies in relation to a county council and each town council situated in the county concerned, both of which are collectively referred to in this section as the “relevant local authorities”.

(2) The relevant local authorities shall take such steps as may be practicable—

(a) for the purpose of promoting the objective that the public, in their dealings with relevant local authorities, have a unified local government service provided to them, and

(b) to improve customer service to the public generally.

(3) For the purposes of subsection (2), relevant local authorities shall endeavour to seek the proper integration and co-ordination of their organisational arrangements, systems and procedures, including the provision of shared office accommodation and shared locations for public contact with them including electronic locations.

(4) It is the duty of the relevant local authorities to co-operate for the purpose of ensuring that the services for which they are responsible are organised and delivered so as to maximise their effectiveness and efficiency and to promote the objectives to which subsections (2) and (3) relate.

72. —(1) (a) The Government may by provisional order transfer a function of a Minister of the Government (other than a function that is required by the Constitution to be performed by a Minister of the Government) that, in the opinion of the Government, could be performed effectively by local authorities of a class or classes specified in the provisional order and is a function relating to the provision of a public service in the functional areas of local authorities of that class or those classes to local authorities of that class or those classes.

(b) The Government may by provisional order amend or revoke a provisional order under this subsection (including a provisional order under this paragraph).

(c) If a provision of a provisional order under this subsection that transfers a function is revoked, subsequent to its confirmation in accordance with paragraph (d), the function shall thereupon become and be vested in the Minister of the Government from whom it was transferred by the provisional order.

(d) A provisional order under this subsection shall not have effect unless and until it is confirmed by an Act of the Oireachtas.

(2) (a) The Minister may by order transfer a function of local authorities of a class or classes specified in the order that, in the opinion of the Minister, could be performed more effectively by local authorities of another class or classes so specified to local authorities of that other class or those other classes.

(b) The Minister may by order amend or revoke an order under this subsection (including an order under this paragraph).

(c) Where an order under this subsection would relate to a function as respects the performance of which a function stands conferred on any Minister of the Government other than the Minister, the order shall not be made without the prior consent of that Minister of the Government.

(d) If a provision of an order under this subsection that transfers a function is revoked, the function thereupon becomes and is vested in the local authorities from which it was transferred by the order.

(3) (a) A provisional order under subsection (1) or an order under subsection (2) may contain such ancillary, subsidiary and incidental provisions as the Government or the Minister, as appropriate, may determine.

(b) Without prejudice to the generality of paragraph (a), a provisional order under subsection (1) or an order under subsection (2) may—

(i) specify terms, conditions and restrictions upon and subject to which a function transferred by the provisional order or order (in this paragraph referred to as a “function concerned”) is to be performed by the local authorities to which the function is transferred (in this paragraph referred to as the “local authorities concerned”),

(ii) provide for the transfer of assets and liabilities associated with a function concerned from the person or persons concerned to the local authorities concerned,

(iii) provide for the use by the local authorities concerned of the services of staff of the person or persons concerned,

(iv) provide for such financial arrangements and adjustments between the person or persons concerned and the local authorities concerned as are considered proper by the Government or the Minister, as appropriate,

(v) provide for any necessary application, adaptation or modification of an enactment,

(vi) provide for such other matters as are considered by the Government or the Minister, as appropriate, to be necessary to enable the transfer of a function concerned to which the order relates to have full effect and to enable such function to be performed by the local authorities concerned.

73. —Subject to section 72 and Chapter 5 of this Part, nothing in this Act affects the definition in any other enactment (however expressed or implied) of the functional area of a local authority for the purposes of a function conferred by that enactment.