First Previous (Chapter 5 Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc.) Next (PART 11 Local Government Commission)

37 2001

LOCAL GOVERNMENT ACT, 2001

PART 10

Agreements and arrangements concerning functions

Agreements concerning functions.

85. —(1) Where in the opinion of a local authority any function performable by it should be performed, generally or in a particular case, by another local authority, and that other authority is able and willing so to perform the function, then the authorities may enter into an agreement that—

(a) the function shall be so performed on behalf of the first-mentioned authority by the other authority, and

(b) it becomes so performable by that other authority in accordance with the agreement.

(2) Where in the opinion of a body which is a public authority any function performable by it should be performed, generally or in a particular case, by a local authority, and that local authority is able and willing so to perform the function, then the body and the local authority may enter into an agreement that—

(a) the function shall be so performed on behalf of the body by the local authority, and

(b) it becomes so performable by that local authority in accordance with the agreement.

(3) Where—

(a) consequent on an agreement under this section, a function becomes performable by a local authority, and

(b) the body, being a local authority or other body as referred to in subsection (2), as the case may be, which is the other party to the agreement would, if it performed the function, be authorised by law to do any act or thing in relation to such performance,

then the local authority is authorised to do that act or thing in relation to the performance by it of the function as if it were that body.

(4) An agreement under this section may contain terms and conditions as to—

(a) the performance of the function by the local authority, to such extent and for such period as may be specified in the agreement,

(b) the making of payments or the transfer of financial responsibility, and

(c) for such other matters as may be considered necessary to give effect to the agreement,

and may provide for an area of charge other than the area of charge specified in section 10 of the Local Government Act, 1946 .

(5) The making of an agreement by a local authority under this section, in so far as it relates to it, is a reserved function.

(6) An agreement under this section may relate to all or part of the area of a local authority as may be specified in the agreement.

(7) This section is without prejudice to section 25 of the Health Act, 1970 , and an agreement shall not be made under this section in a case in which an arrangement could be made under the said section 25.

Joint discharge of functions and provision of services.

86. —(1) Two or more local authorities may make arrangements for the joint discharge of any of their functions.

(2) An arrangement under subsection (1) may relate to all or part of an area of a local authority.

(3) A local authority may, by agreement, provide staff or other services for or avail of such services of any person other than a local authority.

Direction to make agreements.

87. —(1) Whenever it appears to the Minister that an agreement under section 85 (1) should be made between local authorities for the purpose of any of their functions, he or she may direct them to enter into an agreement.

(2) A direction under subsection (1) shall only be made by the Minister after giving each local authority concerned an opportunity to make representations to him or her in writing and after considering any representations so made.

(3) The Minister may direct that any agreement entered into under this section contains such terms and conditions as he or she may specify and the authorities concerned shall comply with any direction given by the Minister.

(4) An agreement entered into under this section shall not be revoked except with the consent of the Minister.

Savers (Part 10).

88. —(1) Where on the commencement of this section an agreement under section 59 of the Local Government Act, 1955 , is in force, that agreement continues in force as if it were an agreement made under section 85 notwithstanding the repeal by this Act of section 59 of the Local Government Act, 1955 .

(2) Without prejudice to section 20 of the Interpretation Act, 1937 , references in section 10 of the Fire Services Act, 1981 , section 14 of the Roads Act, 1993 , section 2 of the Building Control Act, 1990 , and section 5 of the Local Government Act, 1998 , to section 59 of the Local Government Act, 1955 , shall be read as references to section 85 of this Act.