First Previous (PART 16 Land) Next (PART 18 Changing of Names of Areas and Display of Names of Streets, etc.)

37 2001



Establishment of New Town Councils, etc.

Establishment of town council.

185. —(1) For the purposes of this section—

“qualified electors” means a person who in relation to the town in question—

(a) is registered as a local government elector in the register of electors for the time being in force, or

(b) not being so registered, is the rated occupier of a hereditament other than a hereditament the valuation of which attracts an allowance equal to full abatement of rates under section 3 of the Local Government (Financial Provisions) Act, 1978 .

(2) (a) Qualified electors of a town having a population of at least 7,500 as ascertained at the last preceding census or such other figure as the Minister may from time to time prescribe by regulations, and not having a town council, may make a proposal in accordance with paragraph (b) for the establishment of such a council.

(b) A proposal under this subsection shall—

(i) be made in writing and submitted to the county council in whose county the town is situated,

(ii) be signed by at least 100 qualified electors for the town or 10 per cent of the total number of such electors, whichever is greater (in this section referred to as the “applicants”),

(iii) include a map showing the built-up area and the boundaries proposed for the town,

(iv) set out an indication of the likely costs of the proposed town council and the likely implications, financial, organisational and other, for both the town and the county council,

(v) comply with such other requirements as may be prescribed by regulations made by the Minister.

(3) At the time of the submission of the proposal, the applicants or one or more of them shall lodge in a single sum £1,000 with the county council or such other sum as the Minister may from time to time prescribe by regulations.

(4) (a) The county council shall publish a public notice indicating that it has received a proposal for the establishment of a town council.

(b) A notice under this subsection is to state—

(i) that a copy of the proposal may be inspected at a stated place and at stated times during a stated period of not less than one month,

(ii) that submissions or observations with respect to the proposal made to the county council within the said stated period will be considered,

(iii) that any person who makes submissions or observations may include in it a request to be given an opportunity to state his or her case before a person or persons appointed by the council.

(c) The county council shall take all such steps as are necessary for paragraph (b) to have full effect.

(5) Following consideration of the proposal and of any written and oral submissions or observations made under this section the council shall decide—

(a) to accept the proposal,

(b) to accept it subject to specified modifications, including alteration of the proposed boundaries,

(c) not to accept it, or

(d) to put forward proposals other than the establishment of a town council to provide improved local government for the town.

(6) A decision under subsection (5) is a reserved function and the record of the decision shall set out the reasons for the decision.

(7) Where a county council has made a decision under subsection (5) it shall submit the proposal, any submissions or observations made to the county council and the council's decision to the Local Government Commission.

(8) (a) The Local Government Commission shall consider the material submitted to it under subsection (7) and such other matters as it may consider relevant and shall prepare a report on the proposal with its recommendation and furnish such report to the Minister.

(b) The Local Government Commission may recommend—

(i) that a town council be established subject to such conditions (including alteration of proposed boundaries) as it may specify,

(ii) that it not be established, or

(iii) that such other steps as it may specify be taken by the county council in relation to the town.

(9) Where the Local Government Commission have recommended that a town council be established the Minister may by order provide for the establishment of the town council and such order may, subject to subsection (11), include provision for—

(a) any matter or thing for which provision may be made by order under section 62 ,

(b) the holding of the first election of town councillors in accordance with section 186 and with the Local Elections Acts, 1974, to 2001, subject to any necessary modifications or adaptations,

(c) such other matters as may be necessary arising from or related to such establishment.

(10) Where by virtue of subsection (8) the Local Government Commission recommend that specified steps be taken by a county council in relation to a town the Minister may direct that such steps be taken by the county council concerned as he or she may consider appropriate and specify in writing to that council and that council shall comply with any such direction.

(11) This Act applies to a town council established by order under this section as if such town were a town included in part 2 of Schedule 6.

(12) (a) Where a town council is established, the sum referred to in or prescribed under subsection (3) is to be paid to the town council by the county council concerned.

(b) Where a town council is not established, the sum referred to in or prescribed under subsection (3) is to be applied by the county council concerned in respect of the town for the purposes of section 66 or 67.

First election to town council.

186. —(1) The county council in whose county a town council is established by order under section 185 shall conduct the election referred to in subsection (9) of that section in accordance with the requirements of the order.

(2) The town councillors elected at the election referred to in subsection (1) hold office until the next following ordinary day of retirement.

Dissolution of town council.

187. —(1) In this section—

“applicant” means a town council which makes an application under subsection (2);

“successor”, in relation to an applicant, shall be read in accordance with subsection (4)(b).

(2) A town council may by resolution apply to the Minister to make an order under subsection (4) in respect of the town council.

(3) The Minister may request the Local Government Commission to prepare a report in relation to any application under subsection (2).

(4) The Minister may, having considered any report under subsection (3), by order provide for the dissolution of the applicant from a date specified in the order and on and from that date (in this section referred to as the “transfer day”)—

(a) the area of the town concerned shall, for the purposes of all functions of the county council (under this or any other enactment) in whose country the town is situated, be included in and form part of that country;

(b) the applicant is dissolved and ceases to exist and the relevant country council shall for all purposes become and be the successor of the applicant.

(5) With effect from the transfer day the following are transferred to the successor—

(a) all land and other property (and all rights relating to such land and other property) held or enjoyed immediately before that day by the applicant,

(b) all liabilities incurred before that day by the applicant which had not been discharged before that day,

and, accordingly as and from that day without any further conveyance, transfer or assignment—

(i) that property, real and personal vests in the successor for all the estate, term or interest for which, immediately before that day, it was vested in the applicant, but subject to all trusts and equities affecting the property and capable of being performed,

(ii) those rights are to be enjoyed by the successor, and

(iii) those liabilities are liabilities of the successor.

(6) All moneys and securities transferred to the successor by this section that immediately before the transfer day are standing in the name of the applicant are to be transferred into the name of the successor upon its request.

(7) On or after the transfer day every right and liability transferred to the successor by this section may be sued on, recovered or enforced by or against the successor in its own name and it is not necessary for it to give notice of the transfer to the person whose right or liability is transferred by this section.

(8) Every contract or agreement made between an applicant and any other person, which is in force immediately before the transfer day continues in force on and after that day and shall—

(a) be read and have effect as if its successor were substituted in the contract or agreement for the applicant, and

(b) be enforceable against that successor.

(9) Where, immediately before the transfer day, any legal proceedings are pending in any court or tribunal and the applicant is a party to the proceedings, the name of its successor shall be substituted in the proceedings for that of the applicant, and the proceedings shall not abate by reason of such substitution.

(10) An order under subsection (4) may include provision for any matter or thing for which provision is made in the Second Schedule to the Local Government (Dublin) Act, 1993 , or for which provision may be made by order under section 62 (2) or which the Minister considers otherwise necessary to give effect to the dissolution or which is related to it.