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37 2001

LOCAL GOVERNMENT ACT, 2001

PART 18

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

Interpretation (Part 18).

188. —In this Part—

“functional area” means as respects—

(a) a city council, the city,

(b) a county council, the country exclusive of any town which has a town council situated in it,

(c) a town council, the town;

“locality” means any area which is a portion of a county, city or town (or any combination of them) for which a separate name is in common use, and where such portion is not a town, townland, non-municipal town or street;

“qualified electors” means every person who in relation to the town, townland, non-municipal town, street or locality, as the case may be—

(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 ;

“street” includes part of a street and also the whole or part of any road, square, lane or other public place by whatever name known.

Changing of name of town.

189. —(1) A town council may by resolution, for which at least one-half of the total number of members of the council vote in favour, adopt a proposal to change the name of the town to a proposed new name.

(2) Where a town council adopts a proposal under subsection (1) it shall—

(a) notify such persons as may be prescribed by regulations made by the Minister of the proposal and such persons shall be entitled to make submissions in writing to the council within a period of 2 months from the date of the notification, and

(b) publish a public notice of the proposal inviting submissions with regard to it from any person concerned within a period of 2 months from the date of the public notice, and

(c) consider any submissions received.

(3) Following compliance with subsection (2), the town council may by resolution, for which at least one-half of the total number of members of the council vote in favour, decide—

(a) to proceed with the proposal (in this section referred to as the “original proposal”) in accordance with the resolution under subsection (1), or

(b) to proceed with a proposal (in this section referred to as the “amended proposal”) to change the name of the town to such other name as it considers appropriate, or

(c) not to proceed with the original proposal.

(4) Where the town council has made a decision under paragraph (a) or (b) of subsection (3), the town council shall seek, in accordance with regulations made by the Minister under section 196 , the consent of the majority of the qualified electors in the town concerned to the proposed new name as set out in the original proposal or amended proposal as the case may be.

(5) (a) Where a majority of the qualified electors consent to the proposed new name the Cathaoirleach of the town council concerned shall make a declaration, in a form prescribed by regulations made by the Minister under section 196 , confirming such consent and specifying the proposed new name and the date on which, in accordance with paragraph (b), it comes into operation.

(b) A proposal confirmed by declaration under this subsection shall come into operation—

(i) on the 1st day of January next following the date of such declaration where the interval between the date of the declaration concerned and the 1st day of January is not less than 3 months, or

(ii) in any other case, on the first anniversary of the said 1st day of January.

(c) Every declaration made under this subsection shall be published in the manner prescribed by regulations made by the Minister under section 196 and shall be notified to such persons as may be so prescribed.

(d) Every declaration under this subsection shall be published in the Iris Oifigiúil, as soon as possible after its making.

(6) Section 196 applies to this section, as appropriate.

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

190. —(1) In this section “non-municipal town” means an area, not being a city or town, which is designated a town in the report of the census of population which is for the time being the latest census of population.

(2) Where a townland is situated wholly within one county or city, or a non-municipal town is situated wholly within one county, the county council or city council concerned, as appropriate, may by resolution, for which at least one-half of the total number of members of the council vote in favour, adopt a proposal to change the name to a proposed new name of such townland or non-municipal town.

(3) The area of the non-municipal town to which the proposal referred to in subsection (2) relates shall be described in that proposal whether by reference to a map or otherwise.

(4) Where a country council or city council adopts a proposal under subsection (2) it shall—

(a) notify such persons as may be prescribed by regulations made by the Minister under section 196 of the proposal and such persons shall be entitled to make submissions in writing to the council concerned within a period of 2 months from the date of the notification, and

(b) publish a public notice of the proposal inviting submissions with regard to it from any person concerned within a period of 2 months from the date of the public notice, and

(c) consider any submissions received.

(5) Following compliance with subsection (4) the county council or city council may by resolution, for which at least one-half of the total number of members of the council vote in favour, decide—

(a) to proceed with the proposal (in this section referred to as the “original proposal”) in accordance with the resolution under subsection (2), or

(b) to proceed with a proposal (in this section referred to as the “amended proposal”) to change the name of the townland or non-municipal town to such other name as it considers appropriate, or

(c) not to proceed with the original proposal.

(6) Where the county council or city council has made a decision under paragraph (a) or (b) of subsection (5), the county council or city council shall seek in accordance with regulations made by the Minister under section 196 , the consent of the majority of the qualified electors in the townland or non-municipal town concerned to the proposed new name as set out in the original proposal or amended proposal as the case may be.

(7) Where a majority of the qualified electors consent to the proposed new name the Cathaoirleach of the local authority concerned shall make a declaration confirming such consent and specifying the proposed new name and the date on which, in accordance with subsection (9), it comes into operation.

(8) A declaration made by the Cathaoirleach of a local authority under subsection (7) shall be in such form as may be prescribed by regulations made by the Minister under section 196 .

(9) A proposal confirmed by declaration under subsection (7) comes into operation—

(a) on the 1st day of January next following the date of such declaration where the interval between the date of the declaration concerned and the 1st day of January is not less than 3 months, or

(b) in any other case, on the first anniversary of the said 1st day of January.

(10) Every declaration made under subsection (7) shall be published in the manner prescribed by regulations made by the Minister under section 196 and shall be notified to such persons as may be so prescribed.

(11) Every declaration under subsection (7) shall be published in the Iris Oifigiúil, as soon as possible after its making.

(12) Section 196 applies to this section, as appropriate.

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

191. —(1) Where a townland or non-municipal town is situated in more than one county or partly in a county and partly in a city, one of the county councils or the city council concerned, as the case may be, may by resolution for which at least one-half of the total number of members of that council vote in favour, adopt a proposal to change the name of the townland or non-municipal town to a proposed new name of such townland or non-municipal town.

(2) The area of the non-municipal town to which the proposal referred to in subsection (1) relates shall be described in that proposal whether by reference to a map or otherwise.

(3) Before the county council or city council concerned adopts a proposal under subsection (1) it shall have acquired the consent of the other relevant county council or city council to that proposal by way of resolution, for which at least one-half of the total number of members of that council vote in favour.

(4) Section 190 , other than subsection (2), applies to the adoption of a proposal to change the name of a townland or non-municipal town situated in more than one county or partly in a county and partly in a city, subject to such modifications or adaptations as are necessary.

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

192. —(1) A local authority may by resolution adopt a proposal to change the name of a street in its functional area to a proposed new name.

(2) The street to which the proposal referred to in subsection (1) relates shall be described in that proposal by reference to a map or otherwise.

(3) Where a local authority adopts a proposal under subsection (1), it shall seek, in accordance with regulations made by the Minister under section 196 , the consent of the majority of the qualified electors in the street to the proposed new name.

(4) Where a majority of the qualified electors consent to the proposed new name, the Cathaoirleach of the local authority concerned shall make a declaration confirming such consent and specifying the proposed new name and the date on which it comes into operation.

(5) A declaration made by the Cathaoirleach of a local authority under subsection (4) shall be in such form, as may be prescribed by regulations made by the Minister under section 196 .

(6) Section 196 applies to this section, as appropriate.

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

193. —(1) Where a street is situated in the functional area of more than one local authority, one of the authorities concerned, may by resolution adopt a proposal to change the name of a street to a proposed new name.

(2) The street to which the proposal referred to in subsection (1) relates shall be described in that proposal, whether by reference to a map or otherwise.

(3) Before the local authority concerned adopts a proposal under subsection (1), it shall have acquired the consent of the other relevant authority to that proposal by way of resolution.

(4) Subsections (3) to (6) of section 192 apply to the adoption of a proposal to change the name of a street situated in the functional area of more than one authority, subject to such modifications or adaptations as are necessary.

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

194. —(1) A local authority may by resolution, adopt a proposal to change the name of a locality in its functional area to a proposed new name.

(2) The area of the locality to which the proposal referred to in subsection (1) relates shall be described in that proposal, whether by reference to a map or otherwise.

(3) Where a local authority adopts a proposal under subsection (1) it shall seek in accordance with regulations made by the Minister under section 196 , the consent of the majority of the qualified electors in the locality concerned to the proposed new name.

(4) Where a majority of the qualified electors consent to the proposed new name the Cathaoirleach of the local authority concerned shall make a declaration confirming such consent and specifying the proposed new name and the date on which it comes into operation.

(5) A declaration made by the Cathaoirleach of a local authority under subsection (4) shall be in such form as may be prescribed by regulations made by the Minister under section 196 .

(6) Section 196 applies to this section, as appropriate.

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

195. —(1) Where a locality is situated in the functional area of more than one local authority, one of the authorities concerned, may by resolution adopt a proposal to change the name of a locality to a proposed new name.

(2) The area of the locality to which the proposal referred to in subsection (1) relates shall be described in that proposal, whether by reference to a map or otherwise.

(3) Before the local authority concerned adopts a proposal under subsection (1), it shall have acquired the consent of the other relevant authority to that proposal by way of resolution.

(4) Subsections (3) to (6) of section 194 apply to the adoption of a proposal to change the name of a locality situated in the functional area of more than one authority, subject to such modifications or adaptations as are necessary.

General provisions relating to change of names.

196. —(1) The consideration of submissions received under this Part is a reserved function.

(2) Where a change of name is made under this Part then, on and from the date on which the proposal comes into operation, every reference in any instrument, document or map to the existing name shall be read as a reference to the new name.

(3) A change of name under this Part does not affect any rights or obligations of any authority or person or make defective any legal proceedings, and any legal proceedings may be continued or commenced as if there were no change of name.

(4) A local authority shall give due regard to local and indigenous traditions in the development of any proposal for the change of a name under this Part.

(5) (a) The Minister may by regulations make provision in respect of the change of name of a town, townland, non-municipal town, street or locality.

(b) Without prejudice to the generality of paragraph (a), regulations under this section may, in particular include provision in respect of—

(i) the prescribed persons for the purposes of this Part,

(ii) the procedures to be followed in ascertaining for the purpose of sections 189 to 195 whether the majority of the qualified electors concerned consent to the proposed new name,

(iii) the prescribed form for a declaration under this Part,

(iv) the publication of a notice of making of a declaration under this Part,

(v) the arrangements for sharing of costs between authorities in respect of sections 191, 193 and 195, and any other necessary joint arrangements as may be appropriate,

(vi) the publication of a public notice and the notification of specified persons of any proposal under sections 192 to 195 and consideration of submissions received.

Display of name of street, etc.

197. —A local authority may cause the name of a street, place or area to be displayed on a conspicuous part of any convenient building, or other structure or land.