S.I. No. 66/2002 - Local Government Act, 2001 (Meetings) Regulations, 2002

The Minister for the Environment and Local Government in exercise of the powers conferred on him by section 4 and section 54 of, and Schedule 10 to, the Local Government Act, 2001 (No. 37 of 2001) hereby makes the following Regulations:

1.   These Regulations may be cited as the Local Government Act, 2001 (Meetings) Regulations, 2002.

2.   These Regulations shall come into operation on 17 July 2002.

3.   (1)   In these Regulations, except where the context otherwise requires -

“the Act” means the Local Government Act, 2001 ;

“election year” means a year in which a local election is held;

“joint body” has the meaning given by the Act;

“local authority” has the meaning given by the Act;

“local elections or local election” means an election under Part 4 of the Act.

(2)   In these Regulations, a reference to a sub-article is a reference to a sub-article of the article in which the reference occurs.

4.  (1)    (a)    The attendance of members of the public and representatives of the media at meetings of a committee of a local authority, other than a corporate policy group within the meaning of section 133 of the Act, is permissible except in the case of such committee as may be determined by resolution of the local authority concerned pursuant to section 54(1)(c)(ii) of the Act.

(b)   It is necessary for the passing of such resolution that at least one-half of the total number of members of the local authority concerned vote in favour and that not less than 7 days notice of the proposed resolution is given to the members of that authority.

(2)   Sub-article (1) shall apply to meetings of a joint committee with such modifications as may be necessary.

5.   (1)   The annual meeting of a local authority to be held in 2003 shall be held on a day not being more than 14 days either before or after the anniversary of the first annual meeting (held in 1999), as the local authority shall by resolution appoint or fix by standing orders, provided that where such 14th day after the anniversary day or such 14th day before the anniversary day is an excluded day, the meeting may be held on the next following day (or preceding day, as appropriate,) which is not an excluded day.

(2)   Every subsequent annual meeting shall be held in accordance with paragraph 3 of Schedule 10 to the Act.

(3)   In this article “excluded day” has the meaning given to it by section 2 of the Act.

6.   (1)   In accordance with paragraph 4(6) and (7) of Schedule 10 to the Act a local authority shall publish notice of its annual meeting in an election year in at least one newspaper circulating in its administrative area.

(2)   Such notice shall specify the joint bodies and other bodies to which it is entitled to make appointments at that meeting or subsequently. The notice shall be in the general form set out in the Schedule to these Regulations, subject to such adaptations as may be necessary for the particular circumstances of the local authority in question.

(3)   Such notice shall be published not less than 3 days before the annual meeting.

(4)   In this article and in article 7 “other bodies” includes

a county enterprise board,

a harbour authority,

the Eastern Regional Health Authority,

a health board,

a LEADER Group,

a partnership company,

a regional authority,

a university,

a vocational education committee,

a body to which section 225 or section 226 of the Act applies, or any other body whether established by or under statute or not, to which a local authority is required, requested or otherwise entitled to make appointments.

7.   A local authority shall maintain a list of appointments made by it to joint bodies and other bodies which shall be open for public inspection during normal office hours at the principal offices of the local authority.

SCHEDULE

Article 6

Form of Newspaper Notice of Annual Meeting in an election year

Notification of Annual Meeting

..........................¹

1.    The annual meeting of ..........¹ will convene on .......² [at which the first business of the newly elected council will be the election of its Cathaoirleach³ — insert if appropriate⁴ ]. This meeting is the first meeting of the newly elected council following the local elections held on .......................⁵ [and will be chaired by the Cathaoirleach³ directly elected on that day — insert if appropriate].⁶

2.     Local authorities by virtue of their democratic mandate make appointments⁷ to a range of bodies⁸ ..............¹ makes appointments to the following bodies -

⁹ ...................................

.....................................

3.     At this annual meeting the council will consider the making of appointments (councillor and non-councillor where appropriate) to these bodies. It should be noted however that appointments to some, under the relevant statutory or other provisions applicable or at the council's discretion, may fall to be considered and made at a later date to the annual meeting.

Explanatory Note

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

These Regulations deal with matters relating generally to meetings of local authorities including public and media access to their committee meetings.

¹ Name of local authority.

¹ Name of local authority.

² Date of annual meeting.

³ Insert appropriate title of Cathaoirleach, if other title used.

⁴ Matter for town councils only (incl. boroughs) to insert-From 2004 county/city cathaoirligh will be directly elected.

⁵ Insert date local elections held.

³ Insert appropriate title of Cathaoirleach, if other title used.

⁶ Matter for county/city councils from 2004.

⁷ See paragraph 4(6)(b) of Schedule 10 to the Act for definition of appointments.

⁸ See article 6(2) and (4) of the Regulations.

¹ Name of local authority.

⁹ Specify names of bodies to which the local authority makes appointments (e.g. insert names of VEC Health Board, non-statutory etc. whether the appointments are to be considered at the annual meeting or subsequently. See article 6 of the Regulations.