S.I. No. 214/2014 - Local Government Reform Act 2014 (Commencement of Certain Provisions) (No. 3) Order 2014.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th May, 2014.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 1 (22) of the Local Government Reform Act 2014 (No. 1 of 2014) hereby order as follows:

1. This Order may be cited as the Local Government Reform Act 2014 (Commencement of Certain Provisions) (No. 3) Order 2014.

2. Subject to Article 3, the 1st day of June 2014 is appointed as the day on which the Local Government Reform Act 2014 (No. 1 of 2014), in so far as it is not already in operation, comes into operation.

3. The 1st day of July 2014 is appointed as the day on which section 44 of the Local Government Reform Act 2014 comes into operation.

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GIVEN under my Official Seal,

22 May 2014.

PHIL HOGAN,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

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

This order commences with effect from 1 June 2014 (other than section 44), the outstanding uncommenced provisions of the Local Government Reform Act 2014 including the following:—

Section 5 and Schedules 1 and 2 (in so far as they have not been commenced already) dealing with repeals and consequential amendments.

Part 2 of the Act (other than section 11 which was commenced under S.I. 146 of 2014) providing for the main structural changes in relation to the dissolution of local authorities in Limerick, Tipperary and Waterford and the establishment of new merged authorities as their successors.

Parts 3 and 4 of the Act (other than section 27 which was commenced under S.I. 146 of 2014 and section 28 which commenced on enactment) providing for the main structural changes in relation to the dissolution of town councils and the establishment, membership, functions and consequential provisions relating to municipal districts and municipal district members.

Part 5 (other than section 32 which commences with effect from 1 July 2014 under S.I. 146 of 2014) relating to financial provisions consequential to dissolution and rates.

Part 6 providing for the dissolution, by order, of City and County Development Boards and the establishment of Local Community Development Committees to enhance strategic planning and coordination in local and community development programmes.

Part 7 which provides for a range of changes in local authority governance arrangements and in relation to the role of the executive within local government structures. There is provision for an enhanced policy making role for elected members, including in relation to economic development and enterprise support; a requirement to make local economic and community plans (commences with effect from 1 July 2014 in accordance with Article 3); new citizen participation provisions; local authority service delivery plans; the re-designation of the position of manager to chief executive including new arrangements relating to the appointment of a chief executive; stronger oversight powers for the elected council in relation to the implementation of policy; and increased obligations on the executive in relation to the elected council.

Part 8 contains provisions in relation to the financial relationship between county and municipal district levels and related procedures; the functions of municipal district members in respect of the local authority budgetary process; and amendments to the Local Government Act 2001 to reflect the dissolution of town councils. In addition, section 61 provides for the establishment of a National Oversight and Audit Commission for Local Government.

Part 9 which provides for amendment of the Local Government Act 1991 by inserting a new section 43 providing for the replacement of regional authorities by regional assemblies with the general purpose of co-ordinating, promoting or supporting strategic planning and sustainable development and promoting effectiveness in local government and public services.