S.I. No. 217/1996 - Local Government (Boundary Alteration) Regulations, 1996.

S.I. No. 217 of 1996.

LOCAL GOVERNMENT (BOUNDARY ALTERATION) REGULATIONS, 1996.

The Minister for the Environment in exercise of the powers conferred on him by sections 3 , 29 , 30 and 33 of the Local Government Act, 1991 hereby makes the following regulations:—

1. These Regulations may be cited as the Local Government (Boundary Alteration) Regulations, 1996.

2. These Regulations shall come into operation on the 16th day of September, 1996.

3. (1) In these Regulations, except where the context otherwise requires, a reference to an article is a reference to an article of these Regulations and a reference to a paragraph is a reference to a paragraph of the article in which the reference occurs.

(2) In these Regulations, except where the context otherwise requires—

"the Act" means the Local Government Act, 1991 (No. 11 of 1991);

"application" means an application pursuant to section 29(5) of the Act;

"local authority" means a local authority for the purposes of the Local Government Act, 1941 ;

"boundary committee" means a boundary committee within the meaning of section 27 of the Act;

"the Minister" means the Minister for the Environment;

"programme group" shall be construed in accordance with the provisions of the Public Bodies Orders 1946 to 1993;

"proposer", "proposal", "amended proposal", "respondent" and

"statement of response" shall be construed in accordance with section 29 of the Act;

"regional authority" means a regional authority established by order under section 43 of the Act.

4. A proposal shall—

(a) set out the reasons for the proposal,

(b) indicate the proposed boundary and the area the subject of the proposal by reference to a map,

(c) in relation to the area mentioned in paragraph (b) and in respect of each part of which relates to each respondent, specify the population, area in hectares, rateable valuation, number of commercial premises, an estimate of the number of households, and, save where the said area is intended to form part of a town, the estimated annual income generated from rates, charges and other sources,

(d) set out in relation to each programme group the estimated income and expenditure implications for the proposer,

(e) set out the adjustments, or other arrangements proposed between the proposer and each respondent in respect of financial, administrative and organisational matters in consequence of the alteration of the boundary,

(f ) where appropriate set out transitional measures (including the phasing of alterations in rates or other charges) where such are considered necessary arising from the proposed boundary alteration,

(g) contain such other information or material (including in relation to any other financial or other matters consequential on the boundary alteration) as the proposer may consider necessary.

5. A proposer shall as soon as may be after the making of a proposal pursuant to section 29(1) of the Act—

(a) furnish a copy of the proposal to each respondent,

(b) publish notice of the proposal, in accordance with article 6, in a newspaper circulating in the area the subject of the proposal, and

(c) make available for public inspection a copy of the proposal during normal office hours for a period of not less than two months at the principal offices of the proposer and at such other location (if any) as it may determine.

6. A notice referred to in article 5(b) shall—

(a) indicate that a proposal for a boundary alteration has been made by the proposer under Part V of the Act,

(b) give a general description of the area the subject of the proposal,

(c) specify the location, times and period during which the proposal is available for public inspection, and

(d) indicate that submissions may be made in writing to the proposer in relation to the proposal before such date as may be specified in the notice being not less than two months after the date of publication of the notice.

7. A proposer shall, as soon as may be after the publication of a notice pursuant to article 5(b), send a copy of such notice to—

(a) the Minister,

(b) the Commissioner of Valuation,

(c) where the proposer is the council of a county or the corporation of a county borough, to the regional authority within whose region the administrative area of the proposer is situate and where the administrative area of the respondent is situate within a different region, to that regional authority.

8. A statement of response shall in every case—

(a) set out the observations of the respondent in relation to the proposal,

(b) set out the appropriate data relating to the matters referred to in article 4(c), where different from that specified in the proposal,

(c) set out in relation to each programme group the estimated income and expenditure implications for the respondent,

(d) where appropriate, suggest any revisions to the proposal, including revision of the proposed boundary or in relation to financial, administrative or organisational matters,

(e) where revision is suggested by a respondent to the proposed boundary, include a map showing the revised boundary.

9. (1) An application shall be accompanied by the proposal, any submissions received by the proposer in relation thereto, the statement of response from each respondent and any amended proposal.

(2) A copy of the application shall be furnished by the proposer to each respondent as soon as may be after the making of the application under section 29(5) of the Act.

10. A notice referred to in section 33(4)(b) of the Act shall be published in a newspaper circulating in the area the subject of the proposal and shall—

( a ) indicate that a boundary committee has been established to prepare a report under Part V of the Act,

( b ) give a general description of the area the subject of the proposal,

( c ) identify the local authorities concerned,

( d ) specify the location, times and period during which the proposal is available for public inspection,

( e ) indicate that submissions in relation to the alteration of the boundary may be made to the boundary committee within the period of one month from the date of publication.

11. (1) The proposer shall make available for public inspection a copy of the application in accordance with the terms of the notice referred to in article 10.

(2) A boundary committee may request any local authority to make available for public inspection a copy of the application or any documentation and the local authority concerned shall comply with the terms of such request.

12. A boundary committee shall, as soon as may be after the publication by it of a notice pursuant to article 10, send a copy of such notice to—

( a ) each local authority concerned,

( b ) the Minister and any other Minister of the Government who in its opinion may be responsible for matters in relation to which the alteration of the boundary may have a bearing,

( c ) each regional authority concerned,

( d ) the Commissioner of Valuation.

13. Where a boundary committee decides to hold an oral hearing, the committee shall—

( a ) give public notice of not less than fourteen days of the time and place of the opening of the oral hearing in a newspaper circulating in the area the subject of the application,

( b ) notify the persons and bodies referred to in article 12 of the time and place of the opening of the oral hearing.

14. (1) The person conducting an oral hearing shall have discretion as to the conduct of the hearing and in particular shall—

( a ) conduct the hearing without undue formality, and

( b ) decide the order of appearance of persons appearing on behalf of the local authorities concerned.

(2) The person conducting an oral hearing shall have discretion to hear a person other than the local authorities whose boundaries are affected and to decide the number and order of appearance of any such persons to be so heard.

GIVEN under the Official Seal of the Minister

for the Environment, this 16th day of July,

1996.

BRENDAN HOWLIN,

Minister for the Environment.

EXPLANATORY NOTE.

These regulations deal with certain procedural matters in relation to local authority boundary alteration under Part V of the Local Government Act, 1991 .