Local Government Act, 1991

Ancillary functions of local authorities and other provisions with respect to their functions.

8.—(1) A local authority may do anything which is ancillary, supplementary or incidental to or consequential on or necessary to give full effect to, or which will facilitate or is conducive to the performance of, a function conferred on it by this or any other enactment or which can advantageously be performed by the authority in conjunction with performance of such a function.

(2) A local authority shall not by virtue of this Part perform any function—

(a) which it is prohibited from enjoying or performing by this or any other enactment, or

(b) without being subject to or complying with any conditions or restrictions to which, by virtue of this or any other enactment, the performance of the function is subject.

(3) Save as may otherwise be prescribed, the functions of a local authority under sections 5 and 6 may be performed by a council of a county in respect of its administrative county or by another local authority in respect of its functional area.

(4) (a) Where a grant is allocated by the Minister to a local authority in respect of a functional programme of the authority, the members of the authority shall, subject to any conditions that are attached to the grant by the Minister, by resolution determine the allocation of the grant among or as between projects or services within the programme.

(b) In this subsection—

“grant” does not include a grant in respect of a specific project or service of a local authority;

“conditions” means conditions in relation to matters referred to in section 7 (1) (e).