Local Government Act, 2001

Proposal by local authority for alteration of boundary.

56.—(1) (a) A county council or city council may, by resolution, adopt a proposal that the boundary of the county or city be altered in accordance with this Part.

(b) A town council may, by resolution, adopt a proposal that the boundary of the town be altered in accordance with this Part.

(c) A county council may, by resolution, adopt a proposal that the boundary of any town situated in such county be altered in accordance with this Part.

(d) A county council and a town council may jointly adopt a proposal that the boundary of a county be altered in accordance with this Part so as to incorporate an area in an adjoining county, with provision for the simultaneous alteration of the boundary of such town to coincide with the county boundary so altered.

(e) A proposal shall specify the alteration to which it relates by reference to a map.

(2) (a) A local authority which makes a proposal under subsection (1) and a proposal so made are referred to in this Part, respectively, as a “proposer” and a “proposal”.

(b) For the purposes of subsection (1)(d) the proposer shall be a county council.

(3) A proposer shall—

(a) furnish a copy of the proposal to each local authority whose boundary is affected by the proposal and such other local authorities as may be prescribed by regulations made by the Minister and each authority so affected by a proposal is referred to in this Part as a “respondent”,

(b) publish a notice of the proposal in the form so prescribed giving details of the proposal and inviting submissions with regard to it from any person concerned within such period as is specified in the notice, and

(c) otherwise inform such persons of the proposal as may be so prescribed.

(4) (a) Within 6 months from the receipt by each respondent of a copy of the proposal or such longer period as may be agreed upon by the proposer and the respondent, each respondent shall consider the proposal and make a statement of its response to the proposal (in this Part referred to as a “statement of response”), and furnish a copy of it to the proposer.

(b) The making of a statement of response is a reserved function.

(5) Following consideration by a proposer of any submission that it receives within the period referred to in subsection (3)(b) and of any statement of response furnished to it in accordance with subsection (4)(a), the proposer may by resolution amend the proposal in such manner as it thinks fit and a proposal so amended is referred to in this Part as an “amended proposal”.