S.I. No. 588/2001 - Local Government Act, 2001 (Commencement) (No. 3) Order, 2001

The Minister for the Environment and Local Government in exercise of the powers conferred on him by section 7 of the Local Government Act, 2001 (No. 37 of 2001) hereby orders as follows:-

1. This Order may be cited as the Local Government Act, 2001 (Commencement) (No. 3) Order, 2001.

2. In this Order, “the Act of 2001” means the Local Government Act, 2001 (No. 37 of 2001).

3. On 1 January, 2002, subsections (2), (3) and (5) of section 1 of the Act of 2001, shall come into operation.

4. On 1 January, 2002, section 5(1) of and Part I of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part 1 of the Schedule to this Order.

5. On 1 January, 2002, section 5(2) of and Part 2 of Schedule 3 to the Act of 2001, shall come into operation to the extent specified in Part 2 of the Schedule to this Order.

6. On 1 January, 2002, section 5(3) of and Schedule 4 to the Act of 2001, shall come into operation for the purpose of

(a) the amendment to the Housing (Traveller Accommodation) Act, 1998 (No. 33 of 1998) in the manner stated in column 3 of Schedule 4 to the Act of 2001, and

(b) the amendments to the Planning and Development Act, 2000 (No. 30 of 2000) in the manner stated in column 3 of Schedule 4 to the Act of 2001.

7. On 1 January, 2002, Part 3, other than sections 13(1)(i), 14, 19 and 22; Part 4, other than section 23; Part 5, other than Chapter 3; Part 9, other than Chapter 5; Part 10; sections 112 and 113(1); Part 13; Part 14, other than section 135; Part 16; section 197; Part 22, other than sections 223, 230 and 231; Part 24 insofar as not already commenced, of the Act of 2001, shall come into operation.

8. Section 13(1)(i) of the Act of 2001 shall come into operation and have effect for the purposes of the local elections in the year 2004 and from then on. Section 14 of the Act of 2001 shall come into operation and have effect on and from the ordinary day of retirement of members next after the enactment of the Act of 2001.

9. On 1 January, 2002, Schedules 1, 2, 5, 6, 7, 8, 12, 13, 14 and 15 to the Act of 2001, shall come into operation.

SCHEDULE

Part I

Acts Repealed

Session and Chapter or Number and Year	Short Title	Extent of Repeal
1	2	3
6 & 7 Will. 4 c. 116	Grand Jury (Ireland) Act, 1836	Sections 35, 43, 44, 46, 54, 58, 66 to 68, 78, 82, 86, 108, 126 and 178 to 180 and Schedule (R).
3 & 4 Vict. c. 108	Municipal Corporations (Ireland) Act, 1840	The whole Act other than sections 10, 92 and 102.
3 & 4 Vict. c. 109	Counties and Boroughs (Ireland) Act, 1840	The whole Act.
6 & 7 Vict. c. 93	Municipal Corporations (Ireland) Act, 1843	The whole Act.
7 & 8 Vict. c. 106	County Dublin Grand Jury Act, 1844	Sections 40 and 110.
10 & 11 Vict. c. 16	Commissioners Clauses Act, 1847	Sections 53, 56 to 59.
10 & 11 Vict. c. 34	Towns Improvement Clauses Act, 1847	The whole Act.
16 & 17 Vict. c. 136	Grand Jury (Ireland) Act, 1853	Section 9.
17 & 18 Vict. c. 103	Towns Improvement (Ireland) Act, 1854	Section 38, 39, 41, 55, 58, 69, 72, 74 to 76 and 89.
23 & 24 Vict. c. 16	Municipal Corporations Mortgages etc. Act, 1860	The whole Act.
34 & 35 Vict. c. 109	Local Government (Ireland) Act, 1871	Section 25.
41 & 42 Vict. c. 52	Public Health (Ireland) Act, 1878	Sections 7, 200, 201 and 277.
45 & 46 Vict. c. 50	Municipal Corporations Act, 1882	The whole Act.
47 & 48 Vict. c. 70	Municipal Elections (Corrupt and Illegal Practices) Act, 1884	The whole Act.
53 & 54 Vict. c. 59	Public Health Acts Amendment Act, 1890	Section 38.
61 & 62 Vict. c. 37	Local Government (Ireland) Act, 1898	Sections 1, 4, 6(b), 10, 11, 12, 14, 18, 21, 22, 27, 31, 33, 35, 40, 41, 48 to 50, 58, 59, 68, 72, 78, 81, 82, 84, 86, 100 and 108 and the Second and Third Schedules.
63 & 64 Vict. c. 63	Local Government (Ireland) Act, 1900	Section 9.
2 Edw. 7. c. 38	Local Government (Ireland) Act, 1902	Sections 6 and 8.
9 Edw. 7. c. 47	Development and Road Improvement Funds Act, 1909	The whole Act.
No. 13 of 1924	Local Government (Temporary Provisions) (Amendment) Act, 1924	The whole Act.
No. 5 of 1925	Local Government Act, 1925	Sections 2, 3, 5, 6, 16, 70, 73, 74, 81 and the First Schedule.
No. 1 of 1929	Cork City Management Act, 1929	The whole Act other than sections 1, 7, 11(2), 16 and 23.
No. 27 of 1930	Local Government (Dublin) Act, 1930	Sections 7, 17 to 19, 30, 38 to 41, 45, 51, 53, 54(1), 55 to 57, 59, 60, 67, 80 and 103 and the First Schedule.
No. 35 of 1934	Limerick City Management Act, 1934	Sections 2 to 4, 5(1) and (2), 11 to 14, 16(1), 17 to 19, 21, 22, 31 to 34, 39, 40 and the First Schedule.
No. 55 of 1936	Local Authorities (Miscellaneous Provisions) Act, 1936	Section 6.
No. 3 (Private) 1937	Local Government (Galway) Act, 1937	The whole Act other than sections 1, 2, 9, 15, 33 and 39.
No. 25 of 1939	Waterford City Management Act, 1939	Sections 2, 3, 4(1) and (2), 10 to 13, 15(1), 16 to 18, 20, 21, 30 to 32 and 37 to 39.
No. 12 of 1940	County Management Act, 1940	The whole Act other than sections 1, 2, 18, 21, 39 and 41.
No. 5 of 1941	Cork City Management (Amendment) Act, 1941	Sections 7, 8, 10 to 12, 22, 23 and 26.
No. 15 of 1941	Local Officers and Servants (Dublin) Act, 1941	The whole Act.
No. 23 of 1941	Local Government Act, 1941	Part II (insofar as it is not already repealed), Part III (insofar as it is not already repealed and other than section 41), section 67, Part VIII (insofar as it is not already repealed) and sections 76, 78, and 90.
No. 13 of 1942	County Management (Amendment) Act, 1942	The whole Act.
No. 8 of 1945	Local Government (Dublin) Act, 1945	The whole Act.
No. 30 of 1945	Local Authorities (Acceptance of Gifts) Act, 1945	The whole Act.
No. 24 of 1946	Local Government Act, 1946	Section 25, Part III (insofar as it is not already repealed) and Part IV and sections 70, 71, 73, 82, 83, 95 and 98.
No. 24 of 1950	Limerick City Management Act, 1950	The whole Act.
No. 9 of 1955	Local Government Act, 1955	Chapter 1 of Part II other than sections 21 and 24(2), sections 31 to 33, 40, 41, 51, 54, 58, 59, 65 and Part 1 of the Second Schedule.
No. 12 of 1955	City and County Management (Amendment) Act, 1955	Sections 2, 3, section 4 (except insofar as it relates to a planning function within the meaning of section 44 of the Local Government Act, 1991 ), sections 5, 6, 12, 13, 15 to 17, 19 and 20.
No. 9 of 1958	Local Government Act, 1958	The whole Act.
No. 10 of 1959	Local Government Act, 1959	The whole Act.
No. 40 of 1960	Local Government (No. 2) Act, 1960	Sections 11 and 12.
No. 3 of 1962	Road Fund (Grants) (Temporary Provisions) Act, 1962	The whole Act.
No. 8 of 1965	Cork City Management (Amendment) Act, 1965	The whole Act.
No. 21 of 1966	Housing Act, 1966	Sections 85, 87 and 88.
No. 6 of 1968	Local Government (Roads and Drainage) Act, 1968	The whole Act.
No. 32 of 1972	County Management (Amendment) Act, 1972	The whole Act.
No. 35 of 1978	Local Government (Financial Provisions) Act, 1978	Section 13.
No. 21 of 1983	Local Government (Financial Provisions) (No. 2) Act, 1983	Section 9.
No. 7 of 1985	Local Government (Reorganisation) Act, 1985	Sections 5 to 7, Part III (insofar as it is not already repealed and other than section 9) and sections 19 to 23, and the First, Second, Third, and Fourth Schedules.
No. 3 of 1986	Canals Act, 1986	Section 15.
No. 28 of 1988	Housing Act, 1988	Section 27.
No. 11 of 1991	Local Government Act, 1991	Parts II to IV and sections 41, 42 and 46 to 50, 53 and 54(a).
No. 31 of 1993	Local Government (Dublin) Act, 1993	Part II and sections 39 and 40.
No. 8 of 1994	Local Government Act, 1994	Part II other than section 11, Part III other than section 24, Part IV, Part VI and section 46 and Parts IX and X, sections 61 and 64 to 66 and the Third, Fourth and Fifth Schedules.
No. 16 of 1998	Local Government Act, 1998	Sections 9 and 10.
No. 25 of 2000	Local Government Act, 2000	The whole Act.

Part 2

Orders Revoked

Year and Number	Short Title	Extent of Revocation
1	2	3
1898 No. 1120	Local Government (Application of Enactments) Order, 1898	Articles 8, 11, 12, 13, 15, 16, 24, 30, 33, 41, 43 to 46 of the Schedule to the Order.
1899 No. 44	Local Government (Adaptation of Irish Enactments) Order, 1899	Articles 4 to 7, 13, 15 to 17, 19 to 36, 42, 44 and 45.

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GIVEN under the Official Seal of the Minister for the Environment and Local Government this 18^th day of December, 2001.

Noel Dempsey

_________________________

Minister for the Environment and Local Government

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Order brings into operation specified provisions of the Local Government Act, 2001 (No. 37 of 2001) including repeals with effect from 1 January, 2002.