S.I. No. 226/1999 - Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1999.

CONTENTS

First Schedule

Regional Areas, etc.

Second Schedule

Public Authorities Represented on the Operational Committee

Third Schedule

Method of Election of Cathaoirleach of Regional Assembly

S.I. No. 226 of 1999.

LOCAL GOVERNMENT ACT, 1991 (REGIONAL AUTHORITIES) (ESTABLISHMENT) ORDER, 1999

The Minister for the Environment 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:

Part I—Preliminary and General

Citation.

1. This Order may be cited as the Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1999.

Interpretation.

2. (1) In this Order, except where the context otherwise requires—

“a regional assembly” means a regional authority established by this Order and “region” shall be construed accordingly;

“a relevant regional authority” means a regional authority established by the Order of 1993, the functional area of which is within the functional area of a regional assembly;

“the Act” means the Local Government Act, 1991 ;

“constituent local authority” means, with respect to a regional assembly, the council of a county or the corporation of a county borough mentioned in column (2) of the First Schedule opposite the title mentioned in column (3) of that Schedule of that regional assembly;

“development plan” has the same meaning as in the Local Government (Planning and Development) Acts 1963 to 1999;

“European Communities” has the meaning assigned to it by the European Communities Act, 1972 (No. 27 of 1972);

“The Order of 1993” means the Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1993 ( S.I. No. 394 of 1993 ).

“public authority” means—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) a harbour authority within the meaning of the Harbours Act, 1996 ,

(d) a health board,

(e) a board or other body (including a local authority or regional authority established by the Order of 1993 but not including a company) established by or under statute,

(f) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

(g) a company in which all the shares are held by a board, company or other body referred to in paragraph (e) or (f) of this definition.

(2) In this Order a reference to:

(a) a Part which is not otherwise identified is a reference to a Part of this Order;

(b) an article which is not otherwise identified is a reference to an article of this Order;

(a) a sub-article, paragraph or sub-paragraph which is not otherwise identified is a reference to a sub-article, paragraph or sub-paragraph of the article, sub-article or paragraph in which the reference occurs.

(3) In this Order a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.

Commencement.

3. This Order shall come into operation on the 21st July, 1999.

Part II— Constitution, Appointments, Tenure of Office, etc.

Constitution.

4. (1) Each area described in column (2) of the First Schedule shall constitute a region within the meaning of and for the purposes of section 43 of the Act and shall be called and known by the name mentioned in column (1) of that Schedule opposite the description of that area.

(2) There is hereby established in respect of each region specified in column (1) of the First Schedule, a regional assembly to be called and known by the title specified in column (3) of that Schedule opposite the name of the region and the headquarters of each such regional assembly shall be at the location specified in column (5) of that Schedule opposite the name of the region.

(3) (a) A regional assembly may, subject to the provisions of this sub-article, decide to change the name of the region and title of the assembly and where such a decision is in force the new name and title specified therein shall apply for all purposes in place of the name and title specified in column (1) and column (3), respectively, of the First Schedule.

(b) A regional assembly shall not make a decision pursuant to paragraph (a) unless—

(i) it has first given public notice of its intention to do so and invited submissions in that regard and considered any submissions received, and

(ii) more than one half of the total membership of the assembly vote in favour of the proposal

(c) A change of the name of a region and the title of a regional assembly pursuant to this sub-article shall not affect the identity of the assembly as a corporate body or derogate from its powers and shall not affect any rights or obligations of any authority or person or render defective any legal proceedings, and any legal proceedings may be continued as if there were no such change.

Appointments.

5. (1) A regional assembly mentioned in column (3) of the First Schedule shall consist of the number of members specified in column (4) of that Schedule opposite the mention in the said column (3) of that regional assembly.

(2) Every member of a regional assembly shall be appointed to be such member by the constituent local authority of which such person is a member.

(3) No member of a constituent local authority shall be eligible for appointment to a regional assembly unless, at the time of such appointment, he/she is a member of a relevant regional authority.

(4) The number of persons to be appointed to be members of a regional assembly by a constituent local authority shall be as follows:

(a) in the case of the corporation of the county borough of Dublin, seven,

(b) in the case of the council of the administrative county of Cork, four,

(c) in the case of the councils of the administrative counties of Donegal, Galway, Mayo and South Dublin, three each,

(d) in the case of the corporation of the county boroughs of Galway and Cork and the councils of the administrative counties of Fingal, Dun Laoghaire/Rathdown, Wicklow, Wexford, Kildare, Meath, Limerick, Roscommon, Cavan, Monaghan, Louth, Sligo, Offaly, Laois, Westmeath, Kerry and Clare, two each, and

(e) in every other case, one.

(5) For the purpose of appointing members of a local authority to be members of a regional assembly, a regional assembly shall be deemed to be a body mentioned in subsection (2) of section 27 of the Local Government (Reorganisation) Act, 1985 (No. 7 of 1985) and the said section 27 shall apply accordingly.

Timing of appointments.

6. The persons to be appointed by a local authority in accordance with article 5 to be members of a regional assembly shall be appointed at the annual meeting of such local authority held next after every election of the members of such local authority or so soon thereafter as may be.

Tenure of office

7. Every member of a regional assembly shall hold office (unless the member sooner dies, resigns or becomes disqualified or membership terminates under article 10) until the day after the next appointment of members of that assembly in accordance with article 5.

Disqualification.

8. Where a member of a regional assembly ceases to be (or is disqualified for being)—

(a) a member of the local authority by which such person was appointed to be a member of the regional assembly, or

(b) a member of the relevant regional authority,

such person shall also cease to be (or be disqualified for being) a member of that regional assembly.

Resignation of membership.

9. A member of a regional assembly may at any time resign from membership of the said assembly by giving signed notice in writing to the director of the assembly and the resignation shall take effect from the date of the receipt of the notice by the director.

Attendance at meetings, etc.

10. (1) Where a member of a regional assembly has not, for a consecutive period of six months, attended a meeting of the assembly such person's membership of that assembly shall thereupon terminate, except where the non-attendance was due to the illness of the member or to some other reason approved by the regional assembly before the expiry of that period.

(2) Where a meeting of a regional assembly is abandoned because of a failure to obtain a quorum, the names of the members of the assembly who attended at the time and place appointed for the holding of the meeting shall be recorded and those members shall be deemed to have attended a meeting of the assembly for the purposes of this article or for the purpose of any allowance payable in accordance with this Order or with any directions given by the Minister.

Casual vacancies.

11. (1) A casual vacancy occurring among the members of a regional assembly shall, as soon as may be, be filled by the local authority by whom the member causing the vacancy was appointed in the same manner as appointments are required to be made in accordance with article 5.

(2) For the purposes of sub-article (1), a casual vacancy means a vacancy caused in the membership of a regional assembly by a member of the assembly ceasing to hold office other than so ceasing as a result of the member's successor having been appointed.

Cathaoirleach.

12. (1) A regional assembly shall, from time to time, elect one of its members to be the cathaoirleach of the assembly in accordance with the procedures set out in the Third Schedule.

(2) A cathaoirleach of a regional assembly shall hold office for the period specified by the assembly when making the appointment unless—

(a) such person ceases to be, or becomes disqualified for being a member of that assembly, or

(b) such person resigns the office of cathaoirleach, or

(c) the regional assembly, on foot of a proposal—

(i) for which not less than two-thirds of the members of the assembly voted, and

(ii) of which not less than seven days' notice was given to every person who was then a member of the assembly,

terminate such person's appointment as cathaoirleach.

(3) A cathaoirleach of a regional assembly may at any time resign the office of cathaoirleach by giving signed notice in writing to the director of the assembly and the resignation shall take effect from the date of the receipt of the notice by the director.

Part III—Role of Regional Assemblies

Interpretation (Part III).

13. In this Part—

“Development plan” includes any draft of a proposed development plan or any proposed variation of a development plan;

“statement” includes any advice, assessment, information, observation, proposal, recommendation, report, strategy study, view or other submission.

Functions—general.

14. (1) It shall be the general function of a regional assembly to promote co-ordination of the provision of public services in the assembly's region.

(2) Without prejudice to the generality of sub-article (1), the functions of a regional assembly shall include the following—

(a) in matters relating to the provision of public services in the region—

(i) to promote co-ordination and, where appropriate, co-operation, joint action, joint arrangements, agreements, communication or consultation between local authorities, relevant regional authorities or other public authorities in the region or between such authorities and other persons,

(ii) to promote co-ordination, consistency and compatibility with the programmes, plans, policies, proposals or objectives of the Government or any Minister of the Government;

(b) to promote consideration by public authorities of the implications for, or the effects of their decisions, activities or services on, the region as a whole;

(c) to review from time to time, as it considers appropriate, the overall needs and development requirements of the region and to make such statements as it considers necessary in relation thereto;

(d) to consider from time to time, the reviews of the development plans of local authorities in the region as carried out by the relevant regional authorities under the Order of 1993 and, insofar as they may be relevant, any such reviews by relevant regional authorities in the adjoining region with particular regard to the consistency of such plans with one another and with the overall needs and development requirements of the region, and to make such statements as it considers necessary thereon;

(e) to keep under review the provision of public services in or relating to or affecting the region and the need for, adequacy of, and possibilities of improving co-ordination of the provision of such services or any one or more of such services;

(f) to make such statements on any matter relating to or arising from the performance of its functions as the Minister or a constituent local authority or a relevant regional authority may from time to time request;

(g) at such intervals as the regional assembly may decide or the Minister may direct, to prepare, in consultation with such public authorities or other persons as the regional assembly considers appropriate and having regard to any guidelines or directions given by the Minister, a regional report covering the matters referred to at paragraphs (c), (d) and (e), and such other related matters as the assembly considers appropriate. In preparing such report the regional assembly shall take into account reports and reviews carried out by a relevant regional authority.

(3) Having regard to sub-articles (1) and (2) a regional assembly shall, as early as possible in each year, adopt a programme of work for that year.

(4) Where a statement or report is prepared by a regional assembly, the assembly shall—

(i) furnish a copy of the statement or report to each constituent local authority, to each relevant regional authority, to each body represented on the Operational Committee and to such other local authorities or other public authorities or other persons as the regional assembly considers appropriate;

(ii) make copies of the statement or report conveniently available for inspection by members of the public or for purchase by any person at such price as may be determined by the regional assembly and give public notice of the date on and from which the report will be so made available.

Functions in connection with assistance from the European Communities.

15 (1) It shall be a function of a regional assembly at the request of the Minister for Finance and in accordance with such terms, conditions, requirements or procedures as he/she may specify—

(a) to provide such proposals, recommendations, advive or information as may be required by such Minister or any other Minister of the Government in connection with the preparation of any plan, programme or other measure for the purpose of making or supporting an application to the European Communities for financial assistance,

(b) to manage, in accordance with Council Regulation (EC) No. 1260/1999 of the 21st June, 1999, such EC programmes of financial assistance for the development of the assembly's region as that Minister may specify,

(c) to monitor the implementation in its region of programmes in respect of which financial assistance is made available by the European Communities.

(2) The Minister for Finance may recoup to each regional assembly the amount of any approved costs incurred by the assembly in the discharge of functions under this article, which costs shall be shown separately in each estimate and statement of accounts prepared by each such assembly.

Matters to which regional assemblies shall have regard.

16. In the performance of its functions, a regional assembly shall have regard to the general welfare and development of the region, including—

(a) the psysical, economic, social, demographic, infrastructural and environmental situation of the region, its development potential and the protection or improvement of the its environmental, heritage, amenity and cultural resources (including arts facilities);

(b) the programmes, plans, policies, proposals and objectives of—

(i) a Minister of the Government,

(ii) a local authority,

(iii) a regional authority established by the Order of 1993,

(iv) a regional assembly,

(v) an appropriate public authority;

(c) the resources that are available, or are likely to be available, for the provision of public services and the need to secure the most beneficial, effective, and efficient use of such resources;

(d) the implications for the other region of the services of public authorities in or relating to its region,

(e) in the case of the Border, Midland and Western Regional Assembly, the need for co-ordination with the Western Development Commission.

Powers of regional assemblies.

17. (1) A regional assembly may do all such things as arise out of or are consequential on or are necessary or expedient for the effective performance of its functions or are ancillary thereto.

(2) Without prejudice to the generality of sub-article (1), a regional assembly may, for the purpose of, and insofar as is necessary for the effective performance of its functions, do all or any of the following—

(a) consult with public authorities including as appropriate, regional authorities established by the Order of 1993 and the other regional assembly and make statements jointly with any such regional authority or regional assembly,

(b) engage consultants or advisers subject to such conditions or requirements as may be specified by the Minister,

(c) promote, assist, facilitate or participate in the carrying out of research, studies, surveys or the collection of information, data, statistics or other such material, or in making such information, data, statistics or other such material available,

(d) charge fees of such amounts as may from time to time be determined by it for or in connection with services rendered by it,

(e) with the consent of the Minister, borrow money on overdraft or otherwise for such purposes considered necessary for the effective performance of its functions,

(f) with the consent of the Minister, purchase or lease any land or premises and with the like consent sell, let or otherwise dispose of any land or premises vested in the regional assembly,

(g) request a local authority or other public authority to provide information in connection with any function of such local authority or public authority and to arrange, for that purpose, for the attendance at a meeting of the regional assembly, or of a committee of the regional assembly, of a representative of such local authority or public authority.

Part IV—Meetings and Procedures

Meetings.

18. (1) A meeting of a regional assembly shall be held as soon as may be after each appointment of the members of the assembly in accordance with articles 5 and 6.

(2) A regional assembly shall hold such other meetings as may be necessary for the performance of its functions.

(3) Subject to any conditions, restrictions or requirements specified by a regional assembly under article 19, representatives of the communications media and members of the public shall be entitled to be present at a meeting of the assembly.

(4) Nothing in this article shall require a regional assembly to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.

Standing orders.

19. Subject to the provisions of this Order and any directions given thereunder, a regional assembly shall regulate, by standing orders or otherwise, its procedure or business and may amend or revoke standing orders.

Quorum.

20. The quorum for a meeting of a regional assembly shall be one quarter of the membership of the assembly or where one quarter of the membership is not a whole number, the next highest whole number.

Validity of proceedings.

21. The proceedings of a regional assembly shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointments to the assembly.

Calling of meeting.

22. (1) The cathaoirleach of a regional assembly may call a meeting of the assembly.

(2) If the cathaoirleach of a regional assembly refuses to call a meeting of the assembly after a requisition for that purpose, signed by one quarter of the members of the assembly (or where one quarter is not a whole number, the next highest whole number) has been presented to such cathaoirleach, any such number of members of the assembly may forthwith call a meeting and if the cathaoirleach (without so refusing) does not, within seven days after the presentation of the requisition, call a meeting of the assembly, any such number of members of the assembly may, on the expiration of those seven days, call a meeting of the assembly.

Notice of meeting.

23. (1) Three clear days at least before any meeting of a regional assembly a notice to attend the meeting, specifying the business proposed to be transacted thereat and signed by the director of the assembly, shall be left or delivered by post at the ordinary place of residence of every member of the assembly, but non-receipt of such notice by a member or some of the members of the assembly shall not affect the validity of a meeting.

(2) A regional assembly shall make such arrangements as it considers appropriate to give public notice of each meeting of the assembly, including the time and place of the meeting.

Cathaoirleach at meeting.

24. At a meeting of a regional assembly—

(a) the cathaoirleach of the assembly shall, if present, be cathaoirleach of the meeting,

(b) if and so long as the cathaoirleach of the assembly is not present or the office of cathaoirleach is vacant, the members of the assembly who are present shall choose one of their number to be cathaoirleach of the meeting.

Minutes of meeting.

25. (1) Minutes of the proceedings at a meeting of a regional assembly shall be drawn up and shall be signed by the cathaoirleach of the meeting or of the next ensuing meeting and retained in the custody of the director of the assembly.

(2) The names of the members of a regional assembly present at a meeting of an assembly shall be recorded in the minutes of the proceedings of the meeting.

(3) The names of the members of a regional assembly voting on any question arising at a meeting of an assembly shall be recorded in the minutes of the proceedings of the meeting and the record shall show which members voted for and which against the question.

Acting by majority vote.

26. Save as is otherwise provided in this Order, all acts of a regional assembly and all questions coming or arising before the assembly may be done and decided by the majority of such members of the assembly as are present and vote at a meeting of the assembly.

Casting vote of cathaoirleach.

27. In case of an equality of votes on any question arising at a meeting of a regional assembly (except as is otherwise provided for in this Order) the cathaoirleach of the meeting shall have a second or casting vote.

Disclosure of interest.

28. A member of a regional assembly who has any pecuniary or other beneficial interest in any matter coming before a meeting of the assembly shall disclose to the meeting the fact of the interest and the nature thereof, and shall take no part in any deliberation or decision of the assembly relating to the said interest, and any such disclosure shall be recorded in the minutes of the proceedings of the relevant meeting of the assembly.

Part V—Administration, Finance, Staffing and General Matters

Seal of regional assembly.

29. (1) As soon as may be after its establishment, a regional assembly shall provide itself with a seal which shall be retained in the custody of the director of the assembly.

(2) The seal of a regional assembly shall be authenticated by the signature of the cathaoirleach of the assembly or of some other member of the assembly, or of the director of the assembly, or of such member of the staff of the assembly as authorised by the assembly to act in that behalf.

Annual report.

30. (1) A regional assembly shall, not later than the 30th day of June in each year, prepare and adopt an annual report containing such information and particulars (including financial statements) as the assembly may determine, or as the Minister may direct, in relation to the performance of the functions of the assembly during the preceding year.

(2) A regional assembly shall, as soon as may be, furnish a copy of an annual report to each member of the assembly, to the Minister and to each relevant regional authority and to each constituent local authority and to each member of, and each body represented on, the Operational Committee.

(3) Copies of each annual report shall be made conveniently available for inspection by members of the public or for purchase by any person at such price as may be determined by the regional assembly and the assembly shall give public notice of the date on and from which a report will be so made available.

Finance.

31. (1) The financial year of a regional assembly shall be the period of twelve months ending on 31st December in any year.

(2) (a) A regional assembly shall, in respect of each financial year, adopt an estimate of its total expenditure and receipts, in such form and accompanied by such information as the Minister may direct.

(b) An estimate under paragraph (a) shall be adopted—

(i) in respect of the financial year ending on the 31st day of December, 1999, as soon as possible after the establishment of the regional assembly,

(ii) in respect of every other financial year, not later than the 30th day of November in the preceding year.

(3) A regional assembly shall, as soon as may be after the adoption of an estimate under sub-article (2), send a copy of such estimate to the Minister and to each constituent local authority.

(4) The expenses of a regional assembly incurred in accordance with the adopted estimate, excluding any amounts recoupable to such assembly under article 15(2) or otherwise, shall be refunded to the assembly by the several constituent local authorities in proportion to the populations of their respective functional areas.

Accounts and audit.

32. (1) A regional assembly shall keep proper accounts and records of its income and expenditure and shall prepare, as soon as may be after the end of each financial year, a statement of the accounts of the assembly for that year in such form as the Minister shall direct.

(2) (a) The statement of accounts of a regional assembly for a financial year shall be considered by the assembly at a meeting to be held before the expiration of thirteen weeks from the close of the financial year and a copy thereof shall be provided to the Minister and to each constituent local authority.

(b) The director of a regional assembly shall, within such time after the close of every financial year as will enable the provisions of paragraph (a) to be complied with, complete and sign the statement of accounts for such financial year.

(3) (a) The statement of accounts of a regional assembly shall be audited by a local government auditor appointed by the Minister. The auditor shall give an opinion on such statement of accounts and may also issue a general report thereon.

(b) When the director of the regional assembly has received a copy of the statement of accounts for a financial year so audited by the auditor and a copy of the auditor's general report, if any, thereon, a copy of such audited statement and of any such general report shall be submitted to the assembly at its next meeting, and further copies shall be furnished to every member of the regional assembly and to each constituent local authority.

(4) A regional assembly shall, when requested by the Minister, supply such information as the Minister may require relating to performance of its functions and shall permit an officer of the Minister authorised for that purpose by the Minister to examine the books and accounts of the assembly in respect of any year or other period.

Appointment of director.

33. (1) Subject to the provisions of this article, a regional assembly shall appoint a person to be director of the assembly, such person being a person recommended for such appointment by the Local Appointments Commissioners.

(2) No person shall hold office as director while he or she is a member of either House of the Oireachtas or of a local authority or is a representative in the European Parliament.

(3) A person appointed under sub-article (1) shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration, superannuation, term of appointment, fees, allowances and expenses) as may be determined by the regional assembly with the consent of the Minister given with the approval of the Minister for Finance.

(4) (a) The director of the regional assembly shall report to the assembly or to the Operational Committee, as the case may be, carry on, manage and control generally the administration and business of the assembly and perform such other functions as the assembly may determine or assign from time to time.

(b) The director of the regional assembly shall be entitled to attend and speak but not vote at any meeting of the assembly.

(5) (a) If, on the date of the establishment of a regional assembly, the Local Appointments Commissioners have not made a recommendation referred to in sub-article (1), the manager of the local authority within which the headquarters of the regional assembly is situate shall perform the duties of director until such time as a director is appointed.

(b) The manager referred to in paragraph (a) shall—

(i) make all necessary arrangements for convening meetings of the regional assembly, and

(ii) facilitate generally the operation of the regional assembly.

Appointment of staff.

34. (1) Subject to sub-articles (3) and (4), a regional assembly may employ such and so many persons as the assembly may, from time to time, think proper.

(2) Subject to sub-articles (3) and (4), a regional assembly may make arrangements with one or more than one local authority or other public authority for the use by the regional assembly of facilities or services of such local or public authority including premises, equipment and the services of such staff of such local or public authority as are necessary for the effective performance of the functions of the regional assembly.

(3) Persons employed under sub-articles (1) or (2) shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration, superannuation, term of appointment, fees, allowances and expenses) as may be determined by the regional assembly with the consent of the Minister given with the approval of the Minister for Finance.

(4) The number and grades of staff in respect of which a regional assembly employs persons under sub-article (1) or makes arrangements under sub-article (2) shall be subject to the prior consent of the Minister.

Expenses.

35. (1) A regional assembly shall, subject to and in accordance with directions given by the Minister, pay to a member of the assembly an annual expenses allowance in respect of expenses reasonably incurred in connection with the performance of the member's functions and duties, save as is otherwise provided for in sub-article (2), in respect of each year, or portion of a year, for which such person is a member.

(2) A regional assembly may, subject to and in accordance with directions given by the Minister, pay a travelling or subsistence expenses allowance—

(a) to a member of the assembly for travelling or subsistance expenses reasonably incurred in respect of a matter authorised by the assembly other than attendance at a meeting of the assembly or of a committee of the assembly,

(b) to a member of a committee of the assembly for travelling or subsistence expenses reasonably incurred in respect of their attendance at a meeting of such committee.

(3) A regional assembly shall not pay any allowance or make any payment in respect of travelling or subsistence expenses in respect of a member of the assembly or a member of a committee of the assembly except in accordance with this Order and any directions given thereunder.

Allowance for cathaoirleach.

36. (1) A regional assembly may pay to the cathaoirleach of the assembly an annual allowance for reasonable expenses in respect of each year, or portion of a year, for which such person is cathaoirleach.

(2) The amount of such an allowance shall be determined by the assembly, but shall not exceed £7,000.

(3) A copy of every determination made by a regional assembly pursuant to this article shall be furnished to each constituent local authority.

(4) The Minister may issue directions pursuant to article 37 for the purposes of this article.

Directions.

37. (1) The Minister may give to a regional assembly such general or particular directions on any matter related to its functions or operations or connected with the provisions of this Order as he/she considers appropriate and the assembly shall comply with any such direction.

(2) Every other provision in this Order relating to the giving of directions by the Minister shall apply without prejudice to sub-article (1).

Part VI—Committees

Committees— general.

38. (1) A regional assembly may, subject to article 39, from time to time appoint such and so many committees as it thinks proper.

(2) A committee appointed under sub-article (1) shall consist of such number of members as the regional assembly thinks proper and may, at the discretion of the assembly, consist either wholly of persons who are members of the assembly or partly of persons who are and partly of persons who are not, such members.

(3) A person who is not a member of the regional assembly concerned shall not be appointed to be a member of a committee under this article unless, in the opinion of the assembly such person is a person having knowledge, qualifications or experience relevant to the functions of the committee.

(4) A member of a committee appointed under sub-article (1) may be removed from such membership at anytime by the regional assembly.

(5) A regional assembly may, at any time, dissolve a committee appointed under sub-article (1).

Operational Committee.

39. (1) A regional assembly shall, as soon as may be after the appointment of members of the assembly in accordance with articles 5 and 6, establish a committee which shall be known as the Operational Committee to advise and assist the assembly in the discharge of its functions and to perform such other functions as the assembly may determine or assign to it from time to time.

(2) An Operational Committee shall consist of the cathaoirleach and director of the regional assembly, the manager of the local authority within which the headquarters of the regional assembly is situate, the cathaoirleach and director of each relevant regional authority, the manager designated for each such authority pursuant to the Order of 1993, the chief officers of An Foras Áiseanna Saothair, Enterprise Ireland and any Regional Tourism Authority the functional area of which is situated either wholly or partly in the functional area of the regional assembly, and—

(i) the chief officer of a public authority mentioned in Part I of the Second Schedule the functional area of which is situated either wholly or partly in the functional area of the regional assembly, and

(ii) the chief officer of a public authority mentioned in Part II of the Second Schedule, and

(iii) the chief officer of such other public authority (if any) as the regional assembly may determine, and

(iv) such other persons (if any) as may be required pursuant to directions given by the Minister.

(3) Managers or chief officers referred to in sub-article (2) may appoint another person to represent them at a particular meeting

(4) A person may, at the request of the Operational Committee, attend a meeting or meetings of that committee where the committee considers, having regard to such person's knowledge, qualifications, experience or position that such attendance would be of benefit to the discharge of a particular function or functions of the committee.

(5) An Operational Committee may, where it considers it appropriate to do so, submit advice, assessments, information, observations, proposals, recommendations, reports, submissions, views or other statements to the regional assembly on matters relating to the functions of the assembly and the assembly shall have regard to any matters submitted to it by the Operational Committee.

(6) The cathaoirleach of the regional assembly shall act as cathaoirleach of the Operational Committee.

Procedure of committees.

40. (1) Subject to the provisions of this Part, a regional assembly may regulate by way of standing orders or otherwise, the procedure of committees established under this Part but, subject to any such regulation, such committees may regulate their own procedure.

(2) Notwithstanding sub-article (1), the quorum for a meeting of a committee established under this Part shall be one quarter of the membership of the committee or where such number is not a whole number, the next highest whole number.

FIRST SCHEDULE

Regional areas, etc.

Articles 4 and 5

SECOND SCHEDULE

Public Authorities Represented on the Operational Committee

Articles 39

PART I

Health Boards, Regional Fisheries Boards, Port of Cork Company, Dublin Port Company, Shannon Estuary Ports, Port of Waterford Company, Shannon Free Airport Development Company Limited and Údarás na Gaeltachta.

PART II

An Post, Córas Iompair Éireann, The Electricity Supply Board and Teagasc.

THIRD SCHEDULE

Method of Election of Cathaoirleach of Regional Assembly

Articles 12

The following provisions shall apply and have effect in respect of the election of a cathaoirleach of a regional assembly—

(a) the proceedings shall begin by a member or members of the assembly being proposed and seconded by other members of the assembly, and every person so proposed and seconded, and no other person shall be a candidate;

(b) where there is only one candidate, such candidate shall be deemed to be elected;

(c) where there are more than two candidates, a poll shall be taken;

(d) if at such poll a majority of the members of the assembly present vote for any particular candidate, such candidate shall be elected;

(e) if at such poll no candidate received the votes of a majority of the members of the assembly present, the candidate receiving the least number of votes shall be excluded from the election and, subject to the provisions of paragraph (g), one or more further polls (according as may be necessary) shall be taken;

(f) paragraphs (d) and (e) shall apply in relation to such further poll or polls;

(g) where there are only two candidates or where, as a result of one or more polls, all the candidates except two have been eliminated, the question as to which of such candidates shall be elected shall be put to the members of the assembly present and whichever of such candidates receives the greater number of votes on such question shall be elected;

(h) if because of an equality of votes given to two or more candidates any question arises as to which of such candidates is to be eliminated or as to which of such candidates is to be elected, such question shall be decided by lot;

(i) in deciding any such question by lot, the names of the candidates concerned shall be written on similar slips of paper, the slips shall be folded so as to prevent identification and mixed and drawn at random, and the candidate whose name is first drawn shall, where the question concerns an elimination, be the candidate who is to be eliminated or, where the question concerns an election, be the candidate who is to be elected.

The Minister for Finance hereby consents to the foregoing Order.

Dated this day of 21st day of July, 1999.

CHARLIE McCREEVY,

Minister for Finance.

EXPLANATORY NOTE.

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

This Order establishes the Border, Midland and Western Regional Assembly and the Southern and Eastern Regional Assembly under the Local Government Act, 1991 .