Local Government Act, 1991



Reserved functions.

41.—(1) It shall be a general function of the members of a local authority to determine by resolution the policy of the local authority in accordance with and subject to the provisions of the enactments relating to that authority.

(2) The Minister may by order declare that a specified function or specified functions of local authorities shall be performed by resolution of the members of the authorities.

(3) Whenever and for so long as an order under this section providing for the performance of functions of a local authority by resolution of the members of the authority is in force, the function shall be so performed and it shall be a reserved function of the authority for the purposes of—

(a) in case the authority is the corporation of a county borough, the Acts relating to its management, and

(b) in any other case, the County Management Acts, 1940 to 1988,

and references in the Acts relating to the management of county boroughs to orders requiring functions of councils of county boroughs to be performed directly by the councils shall be construed as including references to orders under this section and orders under section 3 (7) by which provision is made for the performance of functions of a local authority by resolution of the members of the authority.

(4) In this section—

“functions” does not include a function relating to the officers or servants of a local authority or the control, supervision, service, remuneration, privileges or superannuation of such officers or servants or any of them;

“local authority” has the meaning assigned to it by the City and County Management (Amendment) Act, 1955 .

(5) Notwithstanding section 4 , any order under section 8 of the Cork City Management Act, 1929 , section 51 of the Local Government (Dublin) Act, 1930 , section 12 of the Limerick City Management Act, 1934 , section 11 of the Waterford City Management Act, 1939 , or section 16 of the County Management Act, 1940 , in force immediately before the commencement of section 4 (in so far as it relates to the section under which the order was made) shall continue in force after such commencement as if made under this section and may be amended or revoked accordingly.