PART 2

Local Government Areas and Local Authorities

9. —The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

10. —(1) On and from the establishment day and for the purposes of local government, the State has local government areas in accordance with this section.

(2) The State continues to stand divided into local government areas to be known as counties and cities which are the areas set out in Parts 1 and 2, respectively, of Schedule 5.

(3) Within the county in which they are situated and of which they form part, there continue to be such other local government areas as are set out in Schedule 6 which—

(a) in the case of the areas set out in Chapter 1 of Part 1 of that Schedule, shall be known as boroughs, and

(b) in the case of the areas set out in Chapter 2 of Part 1 and Part 2 of that Schedule, shall be known as towns,

and in this Act a reference to a town shall include a reference to a borough.

(4) (a) The boundaries of a county referred to in subsection (2) are the boundaries of the corresponding county as existing immediately before the establishment day and, for that purpose, the corresponding counties to Tipperary North Riding and Tipperary South Riding shall be North Tipperary and South Tipperary, respectively.

(b) The boundaries of a city referred to in subsection (2) are the boundaries of the corresponding county borough as existing immediately before the establishment day.

(c) The boundaries of a town referred to in subsection (3) are the boundaries of the corresponding borough, urban district or town, as the case may be, as existing immediately before the establishment day.

(5) For the purposes of this section, all maps showing such boundaries prepared by the Chief Boundary Surveyor under the Survey (Ireland) Acts, 1825 to 1870, or by the Commissioner of Valuation or otherwise in accordance with law continue to have all such force and effect as they had immediately before the establishment day.

(6) This section is without prejudice to Parts 8 and 17 and section 227 .

(7) This section is without prejudice to the continued use of the description city in relation to Kilkenny, to the extent that that description was used before the establishment day and is not otherwise inconsistent with this Act.

11. —(1) On and from the establishment day and for the purposes of local government, the areas referred to in section 10 shall each have a local authority as provided for in this section.

(2) For each county or city set out in Schedule 5 there continues to stand established under this section a body for the purposes of local government and each such body is a local authority and each such county or city is its administrative area.

(3) The local authorities referred to in subsection (2) are the primary units of local government and shall be known as—

(a) in the case of a county set out in Part 1 of Schedule 5, the name of such county followed by the words “County Council”, and

(b) in the case of a city set out in Part 2 of Schedule 5, the name of such city followed by the words “City Council”.

(4) (a) For each of the towns set out in Schedule 6 there continues to stand established under this section a body for the purposes of local government and each such body is a local authority and each such town is its administrative area.

(b) The local authority for each of the towns set out in Schedule 6 shall be known by the name of the town followed by the words—

(i) in the case of a town set out in Chapter 1 of Part 1 of that Schedule, “Borough Council”, and

(ii) in any other case, “Town Council”,

and references in this Act to “town council” shall be construed accordingly.

(5) (a) In respect of a local authority to which subsection (3) or (4) relates, each member (being directly elected or co-opted in accordance with this Act) shall be known as a councillor and collectively shall comprise the elected council of the local authority.

(b) Each local authority shall have a Cathaoirleach and Leas-Chathaoirleach elected in accordance with Part 5.

(6) For the purposes of functions conferred on it by or under this or any other enactment—

(a) a county council has jurisdiction throughout its administrative area except for such functions as are by law vested in any town council, the administrative area of which is situated in the county concerned, but without prejudice to section 70 ,

(b) a city council has jurisdiction throughout its administrative area,

(c) subject to paragraph (a), a town council has jurisdiction throughout its administrative area.

(7) A local authority to which subsection (3) or (4) relates shall—

(a) continue to be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold, manage, maintain and dispose of land or any interest in land,

(b) have a seal which shall be judicially noticed and every document claiming to be an instrument made by it and to be sealed with its seal (claiming to be authenticated in accordance with subsection (8)) shall be received in evidence and be deemed to be that instrument without further proof unless the contrary is shown.

(8) The seal referred to in subsection (7)(b) shall be authenticated by the signature of the Cathaoirleach or of an employee of the authority nominated in writing for that purpose by the manager following consultation with the Cathaoirleach.

(9) Any seal used immediately before the establishment day by a local authority to which this section relates continues to have all such force and effect as it had immediately before that day.

(10) Notwithstanding subsection (9), at any time after the establishment day a local authority to which this section relates may provide itself with a new seal which shall be judicially noticed and subsection (7) regarding the evidential value of the seal applies also to such seal.

(11) Notwithstanding the repeal of enactments relating to its establishment and constitution, a county council, county borough corporation, borough corporation (other than a county borough corporation), urban district council or the commissioners of a town in being immediately before the establishment day, continue in being but subject to the provisions of this Act applying and having effect.

(12) Subsection (11) applies and has effect in relation to the continuation in being of the bodies mentioned in that subsection notwithstanding any change brought about by this Act in the corporate name of any such body or in its corporate status or constitution and the functions vested by any enactment in such body shall, subject to the provisions of this Act, continue to stand so vested.

(13) A reference in any other enactment or other document to a local authority (being a local authority which continues to stand established) by its name applying before it was changed under this Act shall be read as a reference to that body as renamed.

(14) All acts done and decisions made before the establishment day by a local authority (which continues to stand established under this section), whether by resolution, manager's order or otherwise, shall subject to this Act continue to have all such force and effect as they had immediately before that day.

(15) (a) The land and other property and all rights related thereto which was, before the establishment day, vested in or held by a local authority which continues to stand established under this section continues, subject to the provisions of this Act, to be so vested or held by that authority for the same estate, right, title or interest and may be disposed of in accordance with Part 16.

(b) Paragraph (a) is without prejudice to the generality of subsection (14).

(16) Subject to this Act, royal charters and letters patent relating to local authorities shall continue to apply for ceremonial and related purposes in accordance with local civic tradition but shall otherwise cease to have effect.

(17) (a) This section is without prejudice to section 73 , Part 17 or 21.

(b) Subsection (6) is without prejudice to Part 10.