Local Government Act, 1991

Delegation of functions to area committees.

19.—(1) The county council shall, as soon as may be after the establishment of an area committee, delegate to the committee, by resolution, upon and subject to such terms and conditions (if any) as may be specified in the resolution, the functions of the county council that may be performed by resolution in relation to its committee district referred to in subsection (4).

(2) The Borough Corporation shall, as soon as may be after the establishment of the Dún Laoghaire-Rathdown Area Committee delegate to it, by resolution, upon and subject to such terms and conditions (if any) as may be specified in the resolution, the functions of the Corporation that may be performed by resolution referred to in subsection (4).

(3) Without prejudice to any other relevant requirements, it shall be necessary for the passing of a resolution under subsection (1) or (2) that the number of members of the local authority concerned voting in favour of the resolution exceeds one-half of the total number of members of the authority.

(4) (a) The functions aforesaid are the functions of the county council or the Borough Corporation, as the case may be (other than functions relating to an excluded matter), that, in the opinion of the county council or the Borough Corporation, as the case may be, may be properly and effectively performed by the appropriate area committee.

(b) (i) Subject to subparagraphs (ii) and (iii), in this subsection “an excluded matter”, in relation to the county council or the Borough Corporation, means the power of the county council or the Borough Corporation, as the case may be, to adopt the estimate of expenses of the county council or the Borough Corporation, as may be appropriate, to make a rate or to borrow money.

(ii) The Minister may by direction given to the county council or Borough Corporation provide that a specified function of the county council or the Borough Corporation shall become or cease to be an excluded matter in relation to the county council or the Borough Corporation and thereupon the said function shall become or, as the case may be, cease to be an excluded matter in relation to the county council or the Borough Corporation, as the case may be, and subparagraph (i) shall have effect accordingly.

(iii) Whenever a function that stands delegated under this section becomes, by virtue of subparagraph (ii), an excluded matter, the delegation shall stand revoked but without prejudice to anything previously done thereunder by the area committee concerned, and, upon receipt of the direction concerned, the county council or Borough Corporation, as the case may be, shall forthwith send a copy thereof to the area committee concerned.

(c) Whenever, by virtue of paragraph (a) or (b), a function of the county council or the Borough Corporation becomes a function in relation to which, in the opinion of the county council or the Borough Corporation, as the case may be, the powers conferred on it by subsection (1) or (2) should be exercised, it may exercise those powers in relation to that function.