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SOLR_PROP

Local Government Act, 2001

PART 4

Local Elections

Local electoral areas.

23.—(1) Subject to subsection (7), the Minister may by order—

(a) divide a county, city or town into local electoral areas, and

(b) in respect of the members of the local authority, fix the number of such members to be elected for each local electoral area.

(2) The number of members of a local authority to which an order under this section relates to be elected at an election of members of the local authority held after the making of the order for each local electoral area specified in the order shall, without prejudice to any subsequent order, be the number fixed by the order for the local electoral area.

(3) Where, on the commencement of this provision, an order is in force dividing a county, city or town into local electoral areas or fixing the number of members for each local electoral area, the order shall continue in force in relation to the county, city or town and be deemed to be an order under this section and may be amended or revoked accordingly.

(4) In respect of any local electoral area in a county, city or town, the Minister may by order—

(a) amend, modify, or revoke any division made by an order under this section, including an order under this subsection or an order deemed by subsection (3) to be an order under this section, or

(b) alter the number of members of the local authority to be elected for a local electoral area by virtue of an order under this section, including an order under this subsection or an order deemed by subsection (3) to be an order under this section.

(5) An order under this section shall first have effect for the purpose of the election of members of the local authority held next after the order is made.

(6) Subject to subsections (1) to (5), at every election of the members of any council of a town which is not divided into local electoral areas there shall be one local electoral area, which shall (subject to regulations made under section 17 of the Local Government Act, 1994 , which are continued in force by virtue of section 30 (1)) consist of the area of such town and all such members shall be elected for such local electoral area.

(7) (a) Before deciding whether to make an order under this section the Minister shall request the Local Government Commission to prepare a report in respect of the relevant county, city or town and Part 11 applies to such a request and report.

(b) In considering making a request under paragraph (a), the Minister may have regard to the extent of population changes in local electoral areas within counties and cities as shown in the latest census report of the Central Statistics Office which—

(i) sets out the population of the State, classified by area, and

(ii) is published following a census of population.

(c) The provisions of an order made under this section shall not vary in any material respect from the recommendations of the Local Government Commission in respect of the relevant county, city or town unless the Minister is satisfied there are substantial reasons for so doing and such order shall set out the reasons for such variation.

(8) A reference to a town under this section shall, subject to part 8, be read as a reference to the area of such town as altered for local electoral purposes only by section 17 of the Local Government Act, 1994 , and regulations made under it.