Local Government Act, 1994

Local authority associations.

64.—(1) A local authority may hold membership of an association of local authorities referred to at subsection (2).

(2) An association of local authorities means, for the purposes of this section, the General Council of County Councils and the Association of Municipal Authorities of Ireland or any other body which may be established in place of either or both of those bodies, the membership of such association being constituted by local authorities and the general function of such association being to represent the collective interests of the local authorities which constitute its membership (hereinafter referred to as “constituent authorities”).

(3) An association of local authorities shall operate in accordance with a constitution adopted by such association.

(4) Without prejudice to any other provisions which may be included in a constitution or other rules or standing orders of an association, the constitution of an association of local authorities shall set out the general functions and objectives of the association and provide for the adoption by the association of annual estimates of expenditure and income, for the keeping of all proper and sufficient accounts of all moneys received or expended by it and of its assets and liabilities, for the audit of such accounts, for the adoption of an annual report on the performance of its functions and for such other matters as are necessary to give effect to its function of representing the collective interests of its constituent authorities and to give effect to the matters set out in subsection (5).

(5) Where a local authority holds membership of an association of local authorities, the following provisions shall apply:

(a) the local authority may elect such number of delegates to the association as may be specified in the constitution of that association;

(b) the local authority may make annual contributions to the funds of that association;

(c) the association shall provide the local authority with a copy of its constitution and shall consult the local authority regarding any proposed changes in the constitution;

(d) the association shall, prior to the adoption of its annual estimates, provide the local authority with a copy of its draft estimates, with a copy of the estimates when adopted and with a copy of the audited accounts, annual report and such other reports or statements of the association as may be appropriate;

(e) for the purpose of paragraph (d) the annual estimates shall set out the principal categories of expenditure and income and shall indicate how these relate to the association's estimated financial requirements for the relevant period.

(6) An association of local authorities may carry out such activities as are necessary to represent the collective interests of the local authorities which constitute its membership including the making of submissions to the Minister or other public authorities as regards any matter relating to local government.

(7) An association of local authorities shall, for the purposes of this section, in the course of its activities have regard to—

(a) its general function of representing the collective interests of its constituent authorities,

(b) the promotion of the interests generally of local government and of democratic representation of local communities,

(c) the likely costs and ensuing benefits of its activities,

(d) the need for effectiveness, efficiency and economy and to minimise demands on the resources of its constituent authorities, and

(e) any submissions made to it by a constituent authority or by the Minister.

(8) The decision to hold or to cease to hold membership of an association of local authorities shall be a reserved function.

(9) In each local financial year the amounts estimated as necessary to meet any expenses and provide for any liabilities and requirements of a local authority under this section during the following financial year shall be shown separately in a form directed by the Minister in the estimate of expenses, within the meaning of section 9 of the Act of 1955, of the local authority.

(10) There shall be recorded in the annual report of a local authority for any year particulars of any expenses incurred under this section, and any other relevant particulars relating to membership of an association of local authorities.

(11) The Minister may specify the nature of contributions which may be made under subsection (5) (b) or may make regulations for the purposes of any other matter referred to in this section or of any matter relating to or arising from membership by a local authority of an association of local authorities.

(12) A reference in any enactment to “the association of county councils of Ireland”, “the Irish County Councils General Council” or “the County Councils' General Council” or to any analogous expression shall be construed as a reference to the General Council of County Councils as referred to in subsection (2).

(13) The provisions of this section shall not prejudice the right of any member of a local authority to be a member in his or her own right of a local authority members' association or of the right of any group of such members to appoint a person to represent them on such an association.