Local Government Act, 2001


Section 62.

Local Authority Boundary Alteration

Matters for which provision may be made in a supplementary order under section 62(0).

1. The following are the matters referred to in section 62 (2):

(a) the functions of any authority concerned in relation to a relevant area;

(b) the inclusion of a relevant area, in any local electoral area or any administrative or geographical district or other division used for any purpose of public administration;

(c) the application or non-application of any enactment to a relevent area;

(d) the continuance of legal proceedings commenced by or against any authority concerned before the making of the primary order concerned where such proceedings relate to any matter, right, duty or liability arising, accrued or incurred in, or relating to, any relevant area;

(e) such modifications, adaptation or amendment of any enactment as may be necessary for the purposes of the primary order;

(f) an adjustment between any authorities concerned (which may include provision for the payment of money, by a single payment or in 2 or more instalments, by one or more authorities concerned to any other authority or authorities concerned) in relation to all or any of the following:

(i) any net loss of revenue, actual or prospective, which is or may be incurred by any authority concerned in consequence of the primary order,

(ii) property, whether real or personal (including choses-in-action), vested in or belonging to or held in trust for any authority concerned and wholly or partly situated in or relating to any relevant area,

(iii) debts (including mortgage debts), charges created by statute and other liabilities (including unliquidated amounts, unliquidated damages arising from torts or breaches of contract and accruing or prospective liabilities), due and unpaid, or incurred and undischarged, and relating wholly or in part to any relevant area,

(iv) agreements or arrangements between any authorities concerned with respect to financial matters,

(v) alteration for specified purposes in the areas of charge provided for in section 10 of the Local Government Act, 1946 ,

(vi) rates and charges due and payable or accruing due,

(vii) the assessment and levying of rates and charges in any relevant area, (including the temporary reduction of valuations and the making of abatements),

and for giving effect to any matter referred to in clause (v), (vi) or (vii);

(g) the transfer of employees of an authority or authorities concerned to any other authority or authorities concerned;

(h) the enabling of provision to be made in respect of any matter referred to in subparagraph (f) (where provision in respect of it is not otherwise made by a supplementary order) by agreement between the authorities concerned or in the event of a failure by the authorities concerned to reach agreement, in such manner as may be specified in the order;

(i) the preparation of official maps showing the boundary of any relevant area and the evidential value of such maps;

(j) transitional matters relating to any development plan (within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1999) in so far as it relates to any relevant area;

(k) the continuance of any thing done, or treated by virtue of any enactment as having been done, by, to or in relation to, any authority concerned in relation to any relevant area;

(l) the register of electors and polling districts to be used at any election of councillors for any local electoral area;

(m) the continuance in office of members of any authority concerned;

(n) the alteration of the number of members of any county council, city council or town council concerned;

(o) the alteration of any local electoral areas and the number of members assigned to such area for any local authority concerned;

(p) any other matter which appears to be necessary or proper for bringing into operation and giving full effect to the primary order.

2. In paragraph 1(k) “thing” includes the following:

(a) any written agreement or other instrument in writing or any scheme, plan, statement, policy, strategy, determination, declaration, undertaking, made or adopted by or on behalf of, or to be treated as having been made or adopted by or on behalf of an authority concerned;

(b) any direction given, revocation made, or to be treated as having been given or made, by or to an authority concerned;

(c) any licence, permit, certificate, permission, consent, approval, authorisation, exemption, relaxation, acknowledgement or dispensation granted or given, or to be treated as having been granted or given, by or to an authority concerned;

(d) any application, proposal or objection made, or to be treated as having been made, by or to an authority concerned;

(e) any condition or requirement imposed, or to be treated as having been imposed, or any notice served or to be treated as having been served, by or on an authority concerned.

3. An adjustment under paragraph 1(f) or an agreement under paragraph 1(h) may include—

(a) in the case of property referred to in paragraph 1(f)(ii), provision for the retention of the property by any authority concerned or for the transfer of it to another authority concerned or for the joint use of such property by 2 or more authorities concerned, and

(b) in the case of a debt or other liability referred to in paragraph 1(f)(iii), provision for the whole of such debt or liability being borne by any authority concerned or for the apportionment of the liability between 2 or more authorities concerned.