S.I. No. 691/2006 - Local Government Act, 1991 (Regional Authorities) (Establishment Order) 1993, (Amendment) Order, 2006

S.I. No. 691 of 2006

Local Government Act, 1991 (Regional Authorities) (Establishment Order) 1993, (Amendment) Order, 2006

The Minister for the Environment, Heritage and Local Government 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 orders as follows:-

1.     This Order may be cited as the Local Government Act, 1991 (Regional Authorities) (Establishment Order) 1993, (Amendment) Order, 2006.

2.     This Order, the Local Government Act, 1991 (Regional Authorities) (Establishment Order) 1993, (Amendment) Order, 1995 ( S.I. No. 208 of 1995 ), the Local Government Act, 1991 (Regional Authorities) (Establishment Order) 1993, (Amendment) (No. 2) Order, 1995 ( S.I. No. 369 of 1995 ), the Local Government Act, 1991 (Regional Authorities) (Establishment Order) 1993, (Amendment) Order, 1998 ( S.I. No.1 of 1998 ), 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 ), “the Order of 1995” means the Local Government Act, 1991 (Regional Authorities) (Establishment Order) 1993, (Amendment) Order, 1995 ( S.I. No. 208 of 1995 ),

4.     Article 2 of the principal order is hereby amended by the insertion of:

““the Act of 2001” means the Local Government Act 2001 (No. 37 of 2001)””.

5.     This Order shall come into operation on the 1^st January 2007.

6.     Article 32 of the principal order is hereby amended by:

(i)        the substitution of the following for sub-article (1)

“(1)    A regional authority shall keep proper accounts and records of its receipts and expenditure and shall prepare, as soon as may be after the end of the financial year, a statement of the accounts of the authority for that year based on accounting policies and in such form as the Minister shall direct.”

(ii)        the substitution of the following for paragraph (a) of sub-article (3)

“(a)    The statement of accounts of a regional authority shall be audited by a local government auditor appointed in accordance with section 116 (4) (b) of the 2001 Act. The auditor shall give an opinion on such statement of accounts and may also issue a separate report thereon in accordance with section 120 of the 2001 Act.”

7.     Article 34A of the principal order as inserted by the Order of 1995 is hereby amended by the substitution of “£7,000” by “€12,000” in sub-article (2).

8.     Article 37 of the principal order is hereby amended by the insertion of the following after sub-article (10)

“(11)  The Minister may give directions in accordance with article 35 amending the list of specified public authorities included in the Third Schedule to this order.”

The Minister for Finance hereby consents to the foregoing Order.

Explanatory Memorandum

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This order amends the Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1993 ( S.I. No. 394 of 1993 ) and the Local Government Act, 1991 (Regional Authorities) (Establishment Order), 1993, (Amendment) Order, 1995 ( S.I. No. 208 of 1995 ) in certain respects.