S.I. No. 208/1995 - Local Government Act, 1991 (Regional Authorities) (Establishment Order) 1993, (Amendment) Order, 1995.


S.I. No. 208 of 1995.

LOCAL GOVERNMENT ACT, 1991 (REGIONAL AUTHORITIES) (ESTABLISHMENT ORDER) 1993, (AMENDMENT) ORDER, 1995.

The Minister for the Environment in exercise of the powers conferred on him by sections 3 and 43 of the Local Government Act, 1991 (No. 11 of 1991), and with the consent of the Minister for Finance, hereby order as follows:—

1. This Order may be cited as the Local Government Act, 1991 (Regional Authorities) (Establishment Order) 1993, (Amendment) Order, 1995.

2. This Order and the principal order shall be construed together as one.

3. In this Order, "the principal order" means the Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1993 ( S.I. No. 394 of 1993 ).

4. (1) Where a member of a constituent local authority is on the 1st day of August, 1995 a member of the Committee of the Regions (in this article "the Committee") but is not a member of the relevant regional authority under the principal order than, by virtue of this article, on and from that day such person shall become, and be and hold office as, a member of the relevant regional authority

(2) A person who by virture of sub-article (1) becomes a member of a regional authority shall (subject to his or her remaining a member of the Committee) hold office as such a member subject to the terms of the principal order until the members of that committee appointed for the period expiring on the date of the completion of the inaugural term of office cease to hold office.

(3) The membership of each regional authority concerned shall be increased by one for so long, and only for so long, as a person is a member pursuant to this article and article 5 of the principal order shall be construed and have effect accordingly.

(4) Where a member of a regional authority is a member of that authority pursuant to sub-article (1) and that member is reappointed as a member of the Committee for the term of office immediately following the inaugural term of office of the members of the Committee, then in such event notwithstanding any other provision of this article he or she shall, for so long as he or she continues to be a member of the Committee up to the date of the expiry of the term of office next immediately succeeding the inaugural term of office, remain a member of the regional authority and sub-article (3) shall apply and have effect accordingly.

5. The principal order is hereby amended by the insertion after article 34 of the following article—

"34A (1) A regional authority may pay to the Cathaoirleach of the authority an annual allowance for reasonable expenses.

(2) The amount of such an allowance, subject to a maximum of £7,000, shall be determined by the authority.

(3) A copy of every determination made by a regional authority pursuant to this article shall be furnished to each constituent local authority.

(4) The Minister may issue directions pursuant to article 35 for the purposes of this article."

6. The principal order is hereby amended by the insertion after article 35 (2) of the following sub-article:—

"(3) A direction under this article may, without prejudice to the generality of its other provisions, provide for a scheme to be operated by a specified regional authority for the making of payments in respect of specified reasonable expenses to members of the Committee of the Regions who are members of regional authorities, subject to and in accordance with the provisions of such scheme."

GIVEN under the Official Seal of the Minister for the Environment, this 28th day of July, 1995.

BRENDAN HOWLIN,

Minister for the Environment.

The Minister for Finance hereby consents to the foregoing Order.

Dated this 28th day of July, 1995.

RUAIRÍ QUINN,

Minister for Finance.

EXPLANATORY NOTE.

This order amends the Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1993 ( S.I. No. 394 of 1993 ) in certain respects.