Local Government Act, 1991

Boundary committees.

28.—(1) The Minister may establish one or more committees which or each of which shall be known by the title assigned to it by the Minister and is referred to in this Part as a “boundary committee”.

(2) A boundary committee shall stand dissolved on the expiration of such period as may be specified by the Minister at the time he establishes it.

(3) A boundary committee shall be independent in the performance of its functions.

(4) (a) A boundary committee shall consist of such number of members, not being less than 3 or more than 5, as the Minister may determine.

(b) The members of a boundary committee shall be appointed by the Minister.

(c) A person appointed to be a member of a boundary committee shall hold office as such member for such period as may be specified by the Minister at the time of the appointment.

(d) A person who is for the time being—

(i) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(ii) a member of the European Parliament, or

(iii) a member of a local authority,

shall, while he is so entitled or is such a member, be disqualified for becoming a member of a boundary committee.

(e) Where a member of a boundary committee—

(i) is nominated as a member of Seanad Éireann or elected as a member of either House of the Oireachtas,

(ii) is elected as a member of the European Parliament or is regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to such Parliament to fill a vacancy, or

(iii) becomes a member of a local authority,

he shall thereupon cease to be a member of the committee.

(f) A member of a boundary committee shall not take part in the preparation of a report under section 33

(i) with respect to the boundary of the functional area of a local authority if he is an officer of that authority, or

(ii) with respect to the boundary of a functional area of a local authority situated within an administrative county if he is an officer of the council of that county.

(g) The Minister shall appoint one member of a boundary committee to act as chairman of the committee.

(h) A member of a boundary committee may at any time resign from office by letter addressed to the Minister.

(i) Where a casual vacancy occurs among the members of a boundary committee, the Minister may appoint a person to fill such vacancy.

(j) The Minister may remove from office a member of a boundary committee if, in the opinion of the Minister, he has become incapable through ill health of effectively performing his duties or has committed stated misbehaviour or his removal appears to the Minister to be necessary or desirable for the effective performance by the committee of its functions.

(k) A person may be re-appointed to be a member of a boundary committee.

(5) A member of a boundary committee may be paid out of monies at the disposal of the Minister, such remuneration (if any) and allowances for expenses incurred by him as the Minister, with the consent of the Minister for Finance, may determine.

(6) (a) The Minister may supply to a boundary committee, on such terms or conditions as he may specify, any services, including services of staff, required by the committee for the performance of any of its functions.

(b) A local authority or a public authority may supply to a boundary committee, on such terms and conditions as may be agreed upon by the authority and the committee, any services, including services of staff, required by the committee for the performance of any of its functions.