Local Government Act, 1991

General competence of local authorities.

6.—(1) (a) A local authority may, subject to the provisions of this section, take such measures, engage in such activities or do such things in accordance with law (including the incurring of expenditure) as it considers necessary or desirable to promote the interests of the local community.

(b) For the purposes of this section a measure, activity or thing shall be deemed to promote the interests of the local community if it promotes, directly or indirectly, the social, economic, environmental, recreational, cultural, community or general development of the functional area (or any part thereof) of the local authority concerned or of the local community (or any group consisting of members thereof).

(2) For the purposes of giving effect to subsection (1) and without prejudice to the generality of that subsection, a local authority may—

(a) (i) carry out and maintain works of any kind,

(ii) provide, maintain, preserve or restore land, structures of any kind or facilities,

(iii) fit out, furnish or equip any building, structure or facility for particular purposes,

(iv) provide utilities, equipment or materials for particular purposes,

(v) provide any service or other thing or engage in any activity that, in the opinion of the authority, is likely to benefit the local community;

(b) provide assistance in money or in kind, upon and subject to such terms and conditions as the authority considers appropriate, to persons engaging in any activity that, in the opinion of the authority, benefits the local community;

(c) provide assistance in money or in kind, (including the provision of prizes and other incentives), upon and subject to such terms and conditions as the authority considers appropriate in respect of the organisation or promotion of, competitions, seminars, exhibitions, displays, festivals or other events, or organise or promote such events;

(d) enter into such contracts and other arrangements as the authority considers necessary or expedient.

(3) In this section—

“land” includes land covered by water;

“assistance in money or in kind” includes—

(a) grants, loans, guarantees or other financial aid,

(b) land and structures of any kind and services, facilities or equipment related thereto,

(c) plant, machinery or equipment or the carrying out of works,

(d) the services of staff of the local authority concerned,

(e) financial aid in relation to the employment of staff, and

(f) professional or technical assistance.

(4) A decision by a local authority under this section (other than the provision of services of staff of the local authority) shall be a reserved function.

(5) A local authority shall not, by virtue of this section, perform any function (including the incurring of expenditure or any liability, whether contractual or otherwise) which is conferred on the authority by any other provision of this or of any other enactment.

(6) A local authority shall not, by virtue of this section, undertake or provide assistance for the undertaking of any activity that would prejudice or duplicate activity arising from the performance of a statutory function by any person in the functional area of the authority or that would, having regard to the activities or proposed activities of that person in relation to the area, involve wasteful or unnecessary expenditure by the local authority.

(7) (a) The Minister may, with the consent of the Minister for Finance, prescribe matters in respect of which a local authority shall not exercise the powers conferred by this section or in respect of which such exercise shall be subject to prescribed terms or conditions.

(b) Expenditure (including the incurring of any liability, whether contractual or otherwise) by a local authority in respect of the performance of its functions under this section (whether in respect of a particular activity or otherwise or in respect of a particular period or otherwise) shall not exceed such amount as may be prescribed.

(8) Particulars of the performance by a local authority of its functions under this section in any financial year shall be recorded in the report of the authority for that year.