Local Government

Water Services Act  (pre Irish Water reorganisaton) The Water Services Act transfers the water functions from sanitary authorities to county authorities.  They are renamed water services authority in their capacity as the provider of water services.  They are responsible for water services in their areas through a system of licensing. The water services authority is responsible for the supervision of water services through licensing.  An owner or occupier must provide a water services authority with information in relation to the ownership.  Offences under the Act may be prosecuted. The Court may order an offender to make good damage. The Department of the Environment and Local Government must facilitate the provision of safe and efficient water infrastructure.  The Department is responsible for the performance of the water services authorities in their statutory functions and for planning and supervision of investment in water services.  They may produce guidance, issue directions and monitor and compare performance. … Read the rest

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Derelict Sites Designation The derelict sites legislation was designed primarily to prevent urban blight.  However, the legislation applies both in urban and rural areas.  The legislation imposes a general obligation on owners and occupiers of property to take reasonable steps to ensure the property does not become derelict. Each local authority must maintain a register of derelict sites.  A derelict site is land which detracts or is likely to detract to a material degree from the amenity or characteristics or appearance of lands in its neighbourhood.  Local authorities have a general duty to ensure properties in their area do not become or remain derelict sites. Enforcing Against Dereliction Local authorities may serve a notice requiring the prevention or remediation of a derelict site.   If it is of the opinion that it is necessary to prevent this or where directed by the Minister they may serve a notice on the owner or occupier. … Read the rest

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The Constitution provides for local authorities to represent local communities democratically.  They are to be elected every five years. There are 29  local authorities in the state consisting of 29 county councils and five city councils.  Each county has a county council . Tipperary has two councils, north and south and Dublin has three county councils: Fingal, South Dublin and Dun Laoghaire/Rathdown.  The five cities are Cork, Dublin, Galway, Limerick and Waterford which are separate and not under the umbrella of the relevant county council. Within counties certain towns have their own local government which share responsibility with the county councils for the local authority functions and services.  There were 80 town councils.  There were five borough councils: Clonmel, Drogheda, Kilkenny, Sligo and Wexford.  I n local government terms the electorate vote in both council elections and the town council elections.  Functions are shared between town councils and city councils.  A wide range of functions in relation to housing, planning, roads and other services. … Read the rest

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Local Authority Funding Local authorities funding comes from rates, government grants and services.  The annual rate is based on the residual sum, being the deficiency in funds in the authority’s budget, which is not met from expenditure, state grants, local authorities, own resources. City and county councils are empowered to make rates.  Town councils which were former Urban District Councils and Borough Councils had the power to levy rates. They were abolished in 2015. A ratepayer may appeal against the rate on the grounds that the rate is illegal. The rating authority is entitled to recover rate even if an appeal is pending.  If an overcharge is made, it must be refunded. Rates System The modern rates system is still based on the system of rates applicable under the  Poor Law (Ireland) Act 1838. Rates are a tax levied on the occupiers of certain properties.  All lands and buildings are in principle, subject to rates.… Read the rest

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Sanitation Historically, sanitation and public health were key local government function.  The modern local authority system had its origin in the creation of sanitary authorities in rural and urban areas in the 19th century for the purpose of the provision of water supply and sewerage. The initial principal Local Government Acts comprised of various Public Health Acts at the end of the l19th century.  These acts have been updated and amended and consolidated into general local government legislation. There is now specific legislation in relation to environmental protection.  This is dealt with by the local authorities and in respect of certain larger scale operations by the environmental protection agencies.  See our separate section on environmental law. Planning legislation is a key local government function.  Local governments make development plans setting out the land uses throughout their district.  In modern times the development plan is a much more sophisticated document dealing both with land use in various categories of land use. … Read the rest

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Building Regulations Building regulations deal with the construction of standards of buildings.  They go further than mere physical construction to apply to a range of facility issues on fire safety, disability access, heat efficiency and so. There are two principal aspects.  One aspect deals with the detailed building regulations themselves.  They are set out in statutory instruments and have been amended from time to time.  The regulations are supplemented by technical guidance documents which in turn refer to preferred methods of building and building standards. The guidance documents are not necessarily the definitive way to build or represent one method that would generally be followed and acceptable.  There may be other methods of complying with the actual standards in the regulation which are at a high level of generality in terms of requirements. All local authorities except former town councils are deemed building control authorities for their area. The Scope of Building Regulations The building regulations relate to the design and construction of buildings, material alterations, extensions of existing buildings, provisions of services, fitting of equipment or in connection with buildings or where there is a material change of use.… Read the rest

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Management System Originally, the elected members of the council played a more direct decision-making and executive role.  Important local authority work was undertaken through committees under the general control of the council.  The lack of responsibility suggestions of the corruption, abuse and inefficiency, led to the establishment of the management system in the 1930s and 1940s. The executive business of the council is managed by the county manager and officers appointed under him or her. Some counties are grouped for management purposes.  In some counties, assistant managers are appointed. The manager is not selected by the elected members.  He is appointed under Local Government Appointment Commission in the same way as other local authority public servants.  The manager is responsible for most functions of the council and is entitled to make decisions in relation to almost all executive matters without reference to Council.  He must keep the council informed. Reserved Matters There are two categories of functions and responsibilities under local government law. … Read the rest

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