S.I. No. 394/1993:

LOCAL GOVERNMENT ACT, 1991 (REGIONAL AUTHORITIES) (ESTABLISHMENT) ORDER, 1993

LOCAL GOVERNMENT ACT, 1991 (REGIONAL AUTHORITIES) (ESTABLISHMENT) ORDER, 1993

CONTENTS

PART I

PRELIMINARY AND GENERAL

Article

1. Citation.

2. Interpretation.

3. Commencement.

PART II

CONSTITUTION, APPOINTMENTS, TENURE OF OFFICE, ETC.

4. Constitution.

5. Appointments.

6. Timing of appointments.

7. Tenure of office.

8. Disqualification.

9. Resignation of membership.

10. Attendance at meetings, etc.

11. Casual vacancies.

12. Cathaoirleach.

PART III

ROLE OF REGIONAL AUTHORITIES

13. Interpretation (Part III).

14. Functions-general.

15. Functions in connection with EC assistance.

16. Matters to which regional authorities shall have regard.

17. Powers of regional authorities.

PART IV

MEETINGS AND PROCEDURES

18. Meetings.

19. Standing orders.

20. Quorum.

21. Validity of proceedings.

22. Calling of meeting.

23. Summons to meeting.

24. Cathaoirleach at meeting.

25. Minutes of meeting.

26. Acting by majority vote.

27. Casting vote of cathaoirleach.

28. Disclosure of interest.

PART V

ADMINISTRATION, FINANCE, STAFFING AND GENERAL MATTERS.

29. Seal of regional authority.

30. Annual report.

31. Finance.

32. Accounts and audit.

33. Secretary to regional authority.

34. Expenses.

35. Directions.

PART VI

COMMITTEES

36. Committees -- general.

37. Operational committee.

38. Procedure of committees.

FIRST SCHEDULE

REGIONAL AREAS, ETC.

SECOND SCHEDULE

NOMINATING BODIES TO OPERATIONAL COMMITTEES FOR THE PURPOSES OF FUNCTIONS UNDER ARTICLE 15.

THIRD SCHEDULE

PUBLIC AUTHORITIES REPRESENTED ON OPERATIONAL COMMITTEES

FOURTH SCHEDULE

METHOD OF ELECTION OF CATHAOIRLEACH OF REGIONAL AUTHORITY.

S.I. No. 394 of 1993.

LOCAL GOVERNMENT ACT, 1991 (REGIONAL AUTHORITIES) (ESTABLISHMENT) ORDER, 1993.

The Minister for the Environment in exercise of the powers conferred on him by sections 3 and 43 of the Local Government Act, 1991 (No. 11 of 1991), and with the consent of the Minister for Finance, hereby orders as follows:--

PART I PRELIMINARY AND GENERAL

1. This Order may be cited as the Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1993.

2. (1) In this Order, except where the context otherwise requires--

"the Act" means the Local Government Act, 1991 ;

"constituent local authority" means, with respect to a regional authority, the council of a county or the corporation of a county borough mentioned in column (2) of the First Schedule opposite the title mentioned in column (3) of that Schedule of that regional authority;

"the Committee of the Regions" has the same meaning as in the Treaty on European Union;

"development plan" has the same meaning as in the Local Government (Planning and Development) Acts 1963 to 1993;

"European Communities" has the meaning assigned to it by the European Communities Act, 1972 (No. 27 of 1972);

"public authority" means--

( a ) a Minister of the Government,

( b ) the Commissioners of Public Works in Ireland,

( c ) a harbour authority within the meaning of the Harbours Act, 1946 ,

( d ) a health board,

( e ) a board or other body (including a local authority but not including a company) established by or under statute,

( f ) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

( g ) a company in which all the shares are held by a board, company or other body referred to in paragraph (e) or (f) of this definition.

(2) In this Order a reference to:--

( a ) Part which is not otherwise identified is a reference to a Part of this Order;

( b ) an article which is not otherwise identified is a reference to an article of this Order;

( c ) a sub-article, paragraph or sub-paragraph which is not otherwise identified is a reference to a sub-article, paragraph or sub-paragraph of the article, sub-article or paragraph in which the reference occurs.

(3) In this Order a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.

3. This Order shall come into operation on the 1st day of January, 1994.

PART II CONSTITUTION, APPOINTMENTS, TENURE OF OFFICE, ETC.

4. (1) Each area described in column (2) of the First Schedule shall constitute a region within the meaning of and for the purposes of section 43 of the Act and shall be called and known by the name mentioned in column (1) of that Schedule opposite the description of that area.

(2) There is hereby established in respect of each region specified in column (1) of the First Schedule, a regional authority to be called and known by the title specified in column (3) of that Schedule opposite the name of the region.

(3) ( a ) A regional authority may, subject to the provisions of this sub-article, decide to change the name of the region and title of the authority and where such a decision is in force the new name and title specified therein shall apply for all purposes in place of the name and title specified in column (1) and column (3) respectively of the First Schedule.

( b ) A regional authority shall not make a decision pursuant to paragraph (a) unless--

(i) it has first given public notice of its intention to do so and invited submissions in that regard and considered any submissions received, and

(ii) more than one half of the total membership of the authority vote in favour of the proposal.

( c ) A change of the name of a region and the title of a regional authority pursuant to this sub-article shall not affect the identity of the authority as a corporate body or derogate from its powers and shall not affect any rights or obligations of any authority or person or render defective any legal proceedings, and any legal proceedings may be continued as if there were no such change.

5. (1) A regional authority mentioned in column (3) of the First Schedule shall consist of the number of members specified in column (4) of that Schedule opposite the mention in the said column (3) of that regional authority.

(2) Every member of a regional authority shall be appointed to be such member by the constituent local authority of which such person is a member.

(3) The number of persons to be appointed to be members of a regional authority by a constituent local authority shall be as follows--

( a ) in the case of the corporation of the county borough of Dublin, fourteen,

( b ) in the case of the council of the administrative county of Cork, nine,

( c ) in the case of the corporation of the county borough of Cork and the councils of the administrative counties of Clare, Donegal, Galway, Kerry, Kildare, Limerick, Louth, Mayo, Meath, Wexford and Wicklow, seven each,

( d ) in the case of the corporation of the county borough of Waterford, the councils of the administrative counties of Carlow, Dun Laoghaire-Rathdown, Fingal, Leitrim, Longford and South Dublin, five each, and

( e ) in every other case, six.

(4) For the purpose of appointing members of a local authority to be members of a regional authority, a regional authority shall be deemed to be a body mentioned in subsection (2) of section 27 of the Local Government (Reorganisation) Act, 1985 (No. 7 of 1985) and the said section 27 shall apply accordingly.

6. The persons to be appointed by a local authority in accordance with article 5 to be members of a regional authority shall be appointed, in the case of the first appointment, as soon as may be after the coming into force of this order and thereafter at the annual meeting or the quarterly meeting, as the case may be, of such local authority held next after every election of the members of such local authority.

7. Every member of a regional authority shall hold office (unless the member sooner dies, resigns or becomes disqualified or membership terminates under article 10) until the day after the next appointment of members of that authority in accordance with article 5.

8. Where a member of a regional authority ceases to be (or is disqualified for being) a member of the local authority by which such person was appointed to be a member of the regional authority, such person shall also cease to be (or be disqualified for being) a member of that regional authority.

9. A member of a regional authority may at any time resign from membership by giving signed notice in writing to the secretary to the authority and the resignation shall take effect from the date of the receipt of the notice by the secretary.

10. (1) Where a member of a regional authority has not, for a consecutive period of six months, attended a meeting of the authority such person's membership of that authority shall thereupon terminate, except where the non-attendance was due to the illness of the member or to some other reason approved by the regional authority before the expiry of that period.

(2) Where a meeting of a regional authority is abandoned because of a failure to obtain a quorum, the names of the members of the authority who attended at the time and place appointed for the holding of the meeting shall be recorded and those members shall be deemed to have attended a meeting of the authority for the purposes of this article or for the purpose of any allowance payable in accordance with this Order or with any directions given by the Minister.

11. (1) A casual vacancy occurring among the members of a regional authority shall, as soon as may be, be filled by the local authority by whom the member causing the vacancy was appointed in the same manner as appointments are required to be made in accordance with article 5.

(2) For the purposes of sub-article (1), a casual vacancy means a vacancy caused in the membership of a regional authority by a member of the authority ceasing to hold office other than so ceasing as a result of the member's successor having been appointed.

12. (1) A regional authority shall, from time to time, elect one of its members to be the cathaoirleach of the authority in accordance with the procedures set out in the Fourth Schedule.

(2) A cathaoirleach of a regional authority shall hold office for the period specified by the authority when making appointment unless--

( a ) such person ceases to be, or becomes disqualified for being a member of that authority, or

( b ) such person resigns the office of cathaoirleach,

or

( c ) the regional authority on foot of a proposal for which not less than two-thirds of the members of the authority voted and of the intention to propose which not less than seven days' notice was given to every person who was a member of that authority when the notice was given, terminates such person's appointment as cathaoirleach.

(3) A cathaoirleach of a regional authority may at any time resign the office of cathaoirleach by giving signed notice in writing to the secretary to the authority and the resignation shall take effect from the date of the receipt of the notice by the secretary.

PART III Role of REGIONAL AUTHORITIES

13. In this Part--

"development plan" includes any draft of a proposed development plan or any proposed variation of a development plan;

"statement" includes any advice, assessment, information, observation, proposal, recommendation, report, strategy, study, view or other submission.

14. (1) It shall be the general function of a regional authority to promote co-ordination of the provision of public services in the authority's region.

(2) Without prejudice to the generality of sub-article (1), the functions of a regional authority shall include the following:

( a ) in matters relating to the provision of public services in the region--

(i) to promote co-ordination and, where appropriate, co-operation, joint action, joint arrangements, agreements, communication or consultation between local authorities or other public authorities in the region or between such authorities and other persons,

(ii) to promote co-ordination, consistency and compatibility with the programmes, plans, policies, proposals or objectives of the Government or any Minister of the Government,

( b ) to promote consideration by public authorities of the implications for, or the effects of their decisions, activities or services on, the region as a whole;

( c ) to review from time to time, as it considers appropriate, the overall needs and development requirements of the region and to make such statements as it considers necessary in relation thereto;

( d ) to review from time to time, as it considers appropriate, the development plans of local authorities in the region and, insofar as they may be relevant, the development plans of local authorities in adjoining regions, with particular regard to the consistency of such plans with one another and with the overall needs and development requirements of the region, and to make such statements as it considers necessary thereon;

( e ) to keep under review the provision of public services in or relating to or affecting the region and the need for, adequacy of, and possibilities of improving co-ordination of the provision of such services or any one or more of such services;

( f ) to make such statements on any matter relating to or arising from the performance of its functions as the Minister or a constituent local authority may from time to time request;

( g ) within two years of its establishment and thereafter at least once in every five years or at such other intervals as the Minister may direct, to prepare, in consultation with such public authorities or other persons as the regional authority considers appropriate and having regard to any guidelines or directions given by the Minister, a regional report covering the matters referred to at paragraphs (c), (d) and (e), and such other related matters as the authority considers appropriate;

( h ) to select, when requested to do so by the Minister, a person (being a member of a local authority in the region) to be proposed as a member of the Committee of the Regions or a person to be proposed as an alternate member of such Committee, using in relation to each selection the method set out in the Fourth Schedule for the election of the cathaoirleach of a regional authority.

(3) Having regard to sub-articles (1) and (2) a regional authority shall, as early as possible in each year, adopt a programme of work for that year.

(4) Where a statement or report is prepared by a regional authority, the authority shall--

(i) furnish a copy of the statement or report to each constituent local authority, to each body represented on the Operational Committee and to such other local authorities or other public authorities or other persons as the regional authority considers appropriate;

(ii) make copies of the statement or report conveniently available for inspection by members of the public or for purchase by any person at such price as may be determined by the regional authority and give public notice of the date on and from which the report will be so made available.

15. (1) It shall be a function of a regional authority to provide, at the request of the Minister for Finance and in accordance with such terms, conditions, requirements or procedures as that Minister may specify, such proposals, recommendations, advice, or information as may be required by such Minister or any other Minister of the Government in connection with the preparation of any plan, programme or other measure for the purpose of making or supporting an application to the European Communities for financial assistance.

(2) A regional authority shall, at the request of the Minister for Finance and in accordance with such terms, conditions, requirements or procedures as that Minister may specify, review the implementation in its region of measures in respect of which financial assistance is made available by the European Communities.

(3) The Minister for Finance shall recoup to each regional authority the amount of any approved costs incurred by the authority in the discharge of functions under this article, which costs shall be shown separately in each estimate and statement of accounts prepared by each such authority.

16. In the performance of its functions, a regional authority shall have regard to the general welfare and development of the region, including--

( a ) the physical, economic, social, demographic, infrastructural and environmental situation of the region, its development potential and the protection or improvement of its environmental, heritage, amenity and cultural resources (including arts facilities),

( b ) the programmes, plans, policies, proposals and objectives of the Government and of any Minister of the Government and of local authorities and other relevant public authorities,

( c ) the resources that are available, or are likely to be available, for the provision of public services and the need to secure the most beneficial, effective, and efficient use of such resources,

( d ) the implications for other regions of the services of public authorities in or relating to its region,

( e ) in the case of the Dublin and Mid-East regional authorities, the particular need for co-ordination in respect of the overall Dublin metropolitan area and hinterland and for measures to promote such co-ordination.

17. (1) A regional authority may do all such things as arise out of or are consequential on or are necessary or expedient for the effective performance of its functions or are ancillary thereto.

(2) Without prejudice to the generality of sub-article (1), a regional authority may, for the purpose of, and insofar as is necessary for the effective performance of its functions, do all or any of the following--

( a ) consult with public authorities and with other regional authorities and make statements jointly with any such regional authority,

( b ) engage consultants or advisers subject to such conditions or requirements as may be specified by the Minister,

( c ) promote, assist, facilitate or participate in the carrying out of research, studies, surveys or the collection of information, data, statistics or other such material, or in making such information available,

( d ) make arrangements, subject to sub-article (3), with one or more than one local authority or other public authority for the use by the regional authority of facilities or services of such local or public authority including premises, equipment and the services of such staff of such local or public authority as are necessary for the effective performance of the functions of the regional authority,

( e ) charge fees of such amounts as may from time to time be determined by it for or in connection with services rendered by it,

( f ) borrow money on overdraft for current purposes subject to such limit as the Minister may from time to time determine,

( g ) with the consent of the Minister, purchase or lease any land or premises and with the like consent sell, let or otherwise dispose of any land or premises vested in the regional authority,

( h ) request a local authority or other public authority to provide information in connection with any function of such local authority or public authority and to arrange, for that purpose, for the attendance at a meeting of the regional authority, or of a committee of the regional authority, of a representative of such local authority or public authority.

(3) The number and grades of staff in respect of which arrangements are made by a regional authority under sub-article (2) (d) shall be subject to the prior consent of the Minister.

PART IV MEETINGS AND PROCEDURES

18. (1) A meeting of a regional authority shall be held as soon as may be after each appointment of the members of the authority in accordance with articles 4 and 5.

(2) A regional authority shall hold such other meetings as may be necessary for the performance of it functions.

(3) Subject to any conditions, restrictions or requirements specified by a regional authority under article 19, representatives of the communications media and members of the public shall be entitled to be present at a meeting of the authority.

(4) Nothing in this article shall require a regional authority to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.

19. Subject to the provisions of this Order and any directions given thereunder, a regional authority shall regulate, by standing orders or otherwise, its procedure or business and may amend or revoke standing orders.

20. The quorum for a meeting of a regional authority shall be one quarter of the membership of the authority or where one quarter of the membership is not a whole number, the next highest whole number.

21. The proceedings of a regional authority shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointments to the authority.

22. (1) The cathaoirleach of a regional authority may call a meeting of the authority.

(2) If the cathaoirleach of a regional authority refuses to call a meeting of the authority, after a requisition for that purpose, signed by one quarter of the members of the authority (or where one quarter is not a whole number, the next highest whole number) has been presented to such cathaoirleach, any such number of members of the authority may forthwith call a meeting and if the cathaoirleach (without so refusing) does not, within seven days after the presentation of the requisition, call a meeting of the authority, any such number of members of the authority may, on the expiration of those seven days, call a meeting of the authority.

23. (1) Three clear days at least before any meeting of a regional authority a summons to attend the meeting, specifying the business proposed to be transacted thereat and signed by the secretary to the authority, shall be left or delivered by post at the ordinary place of residence of every member of the authority, but non-receipt of such summons by a member or some of the members of the authority shall not affect the validity of a meeting.

(2) A regional authority shall make such arrangements as it considers appropriate to give public notice of each meeting of the authority, including the time and place of the meeting.

24. At a meeting of a regional authority--

( a ) the cathaoirleach of the authority shall, if present, be cathaoirleach of the meeting,

( b ) if and so long as the cathaoirleach of the authority is not present or the office of cathaoirleach is vacant, the members of the authority who are present shall choose one of their number to be cathaoirleach of the meeting.

25. (1) Minutes of the proceedings at a meeting of a regional authority shall be drawn up and shall be signed by the cathaoirleach of the meeting or of the next ensuing meeting and retained in the custody of the secretary to the authority.

(2) The names of the members of a regional authority present at a meeting of an authority shall be recorded in the minutes of the proceedings of the meeting.

(3) The names of the members of a regional authority voting on any question arising at a meeting of an authority shall be recorded in the minutes of the proceedings of the meeting and the record shall show which members voted for and which against the question.

26. Save is as otherwise provided in this Order, all acts of a regional authority and all questions coming or arising before the authority may be done and decided by the majority of such members of the authority as are present and vote at a meeting of the authority.

27. In case of an equality of votes on any question arising at a meeting of a regional authority (except as is otherwise provided for in this Order) the cathaoirleach of the meeting shall have a second or casting vote.

28. A member of a regional authority who has any pecuniary or other beneficial interest in any matter coming before a meeting of the authority, shall disclose to the meeting the fact of the interest and the nature thereof, and shall take no part in any deliberation or decision of the authority relating to the said interest, and any such disclosure shall be recorded in the minutes of the proceedings of the relevant meeting of the authority.

PART V ADMINISTRATION, FINANCE, STAFFING AND GENERAL MATTERS

29. (1) As soon as may be after its establishment, a regional authority shall provide itself with a seal which shall be retained in the custody of the secretary to the authority.

(2) The seal of a regional authority shall be authenticated by the signature of the cathaoirleach of the authority or of some other member of the authority, or of the secretary to the authority or of a person whose services are availed of by the authority by virtue of article 17 (2) (d) authorised by the authority to act in that behalf.

30. (1) A regional authority shall, not later than the 30th day of June in each year, prepare and adopt an annual report containing such information and particulars (including financial statements) as the authority may determine, or as the Minister may direct, in relation to the performance of the functions of the authority during the preceding year.

(2) A regional authority shall, as soon as may be, furnish a copy of an annual report to each member of the authority, to the Minister and to each constituent local authority and to each member of, and each body represented on, the Operational Committee.

(3) Copies of each annual report shall be made conveniently available for inspection by members of the public or for purchase by any person at such price as may be determined by the regional authority and the authority shall give public notice of the date on and from which a report will be so made available.

31. (1) The financial year of a regional authority shall be the period of twelve months ending on 31 December in any year.

(2) ( a ) A regional authority shall, in respect of each financial year, adopt an estimate of its total expenditure and receipts, in such form and accompanied by such information as the Minister may direct.

( b ) An estimate under paragraph (a) shall be adopted

(i) in respect of the financial year ending on the 31st day of December, 1994, as soon as possible after the establishment of the regional authority,

(ii) in respect of every other financial year, not later than the 30th day of November in the preceding year.

(3) A regional authority shall, as soon as may be after the adoption of an estimate under sub-article (2), send a copy of such estimate to the Minister and to each constituent local authority.

(4) The expenses of a regional authority incurred in accordance with the adopted estimate, excluding any amounts recoupable to such authority under article 15 (3) or otherwise, shall be refunded to the authority by the several constituent local authorities in proportion to the populations of their respective functional areas.

32. (1) A regional authority shall keep proper accounts and records of its receipts and expenditure and shall prepare, as soon as may be after the end of each financial year, a statement of the accounts of the authority for that year in such form as the Minister shall direct.

(2) ( a ) The statement of accounts of a regional authority for a financial year shall be considered by the authority at a meeting to be held before the expiration of thirteen weeks from the close of the financial year and a copy thereof shall be provided to the Minister and to each constituent local authority.

( b ) The secretary to the regional authority shall, within such time after the close of every financial year as will enable the provisions of paragraph (a) to be compiled with, complete and sign the statement of accounts for such financial year.

(3) ( a ) The statement of accounts of a regional authority shall be audited by a local government auditor appointed by the Minister and shall be subject to a report by such auditor.

( b ) When the secretary to the regional authority has received a copy of the statement of accounts for a financial year so audited by the auditor and a copy of the auditor's report thereon, a copy of the report shall be submitted to the authority at its next meeting, and further copies shall be furnished to every member of the regional authority and to each constituent local authority.

(4) A regional authority shall, when requested by the Minister, supply such information as the Minister may require relating to performance of its functions and shall permit an officer of the Minister authorised for that purpose by the Minister to examine the books and accounts of the authority in respect of any year or other period.

33. (1) A regional authority shall appoint a person to be secretary to the authority.

(2) In making an appointment under sub-article (1), a regional authority shall comply with any directions given by the Minister and, subject to any such directions, shall determine the remuneration, and conditions of service, including the term of appointment, of the secretary to the authority.

(3) The secretary to the regional authority shall report to the authority or to the Operational Committee, as the case may be, act as secretary to the authority and to the Operational Committee, carry on and manage and control generally the administration and business of the authority and perform such other functions as the authority may determine or assign from time to time.

(4) The secretary to the regional authority shall be entitled to attend and speak but not vote at any meeting of the authority or of the Operational Committee.

34. (1) A regional authority shall subject to and in accordance with directions given by the Minister, pay to a member of the authority an annual expenses allowance in respect of expenses reasonably incurred in connection with the performance of the member's functions and duties, save as is otherwise provided for in sub-article (2), in respect of each year, or portion of a year, for which such person is a member.

(2) A regional authority may, subject to and in accordance with directions given by the Minister, pay a travelling or subsistence expenses allowance--

( a ) to a member of the authority for travelling or subsistence expenses reasonably incurred in respect of a matter authorised by the authority other than attendance at a meeting of the authority or of a committee of the authority,

( b ) to a member of a committee of the authority for travelling or subsistence expenses reasonably incurred in respect of their attendance at a meeting of such committee.

(3) A regional authority shall not pay any allowance or make any payment in respect of travelling or subsistence expenses in respect of a member of the authority or a member of a committee of the authority except in accordance with this Order and any directions given thereunder.

35. (1) The Minister may give to a regional authority such general or particular directions on any matter related to its functions or operations or connected with the provisions of this Order as he considers appropriate and the authority shall comply with any such direction.

(2) Every other provision in this Order relating to the giving of directions by the Minister shall apply without prejudice to sub-article (1).

PART VI COMMITTEES

36. (1) A regional authority may, subject to article 37, from time to time appoint such and so many committees as it thinks proper.

(2) A committee appointed under sub-article (1) shall consist of such number of members as the regional authority thinks proper and may, at the discretion of the authority, consist either wholly of persons who are members of the authority or partly of persons who are and partly of persons who are not, such members.

(3) A person who is not a member of the regional authority concerned shall not be appointed to be a member of a committee under this article unless, in the opinion of the authority such person is a person having knowledge, qualifications or experience relevant to the functions of the committee.

(4) A member of a committee appointed under sub-article (1) may be removed from such membership at any time by the regional authority.

(5) A regional authority may, at any time, dissolve a committee appointed under sub-article (1).

37. (1) A regional authority shall, as soon as may be after the first appointment of members of the authority in accordance with articles 5 and 6, establish a committee which shall be known as the Operational Committee to advise and assist the authority in the discharge of its functions and to perform such other functions as the authority may determine or assign to it from time to time.

(2) An Operational Committee shall consist of the cathaoirleach of the regional authority, the manager for each consistuent local authority and the chief officers of An Foras Áiseanna Saothair, Forbairt and any Regional Tourism Organisation the functional area of which is situated either wholly or partly in the functional area of the regional authority, and--

( a ) for the purpose of functions under article 15--

(i) the chairman of each constituent local authority and another person, being a member of the regional authority, nominated by each such constituent local authority, and

(ii) in the case of a regional authority in the functional area of which a local authority specified in Part I of the Second Schedule is situated, the chairman of, and another person nominated by, each such local authority, and

(iii) a person nominated by each of the bodies specified in Part II of the Second Schedule, and

(iv) two persons nominated by each of the bodies specified in Part III of the Second Schedule, and

(v) a person nominated, in accordance with procedures determined by the Minister for Finance, by a body mentioned in Part IV of the Second Schedule the functional area of which is situated in the functional area of the regional authority, and

(vi) two persons nominated, in accordance with procedures determined by the Minister for Finance, by voluntary community organisations in the region and

(vii) such other persons (if any) as may be deemed appropriate by the Minister for Finance;

( b ) for the purposes of functions other than functions under article 15--

(i) the chief officer of a public authority mentioned in Part I of the Third Schedule the functional area of which is situated either wholly or partly in the functional area of the regional authority, and

(ii) the chief officer of a public authority mentioned in Part II of the Third Schedule, and

(iii) the chief officer of such other public authority (if any) as the regional authority may determine and

(iv) such other persons (if any) as may be required pursuant to directions given by the Minister.

(3) The Commission of the European Communities shall be entitled to be represented at a meeting of an Operational Committee held for the purposes of functions under article 15.

(4) Managers or chief officers referred to in sub-article (2) may appoint another person to represent them at a particular meeting.

(5) A person may, at the request of the Operational Committee, attend a meeting or meetings of that committee where the committee considers, having regard to such person's knowledge, qualifications, experience or position that such attendance would be of benefit to the discharge of a particular function or functions of the committee.

(6) An Operational Committee may, where it considers it appropriate to do so, submit advice, assessments, information, observations, proposals, recommendations, reports, submissions, views or other statements to the regional authority on matters relating to the functions of the authority and the authority shall have regard to any such matters submitted to it by the Operational Committee.

(7) The cathaoirleach of the regional authority shall act as cathaoirleach of the Operational Committee.

(8) The persons to be nominated by a local authority for the purposes of sub-articles (2) (a) (i) and (2) (a) (ii) for appointment to an Operational Committee of a regional authority shall be so nominated--

(i) by resolution of the members of the local authority of which such person is a member,

(ii) in the case of the first appointment of members of an Operational Committee, as soon as may be after receipt of a request from the regional authority, and thereafter at the annual meeting or the quarterly meeting, as the case may be, of such local authority held next after every election of the members of such local authority.

(9) ( a ) Where a person who was nominated as a member of an Operational Committee under sub-article (2) (a) (i) ceases to be (or is disqualified for being) a member of the regional authority such person shall also cease to be a member of that Committee.

( b ) Where a person who was nominated as a member of an Operational Committee under sub-article (2) (a) (ii) ceases to be (or is disqualified for being) a member of the local authority by which the nomination was made such person shall also cease to be a member of that Committee.

(10) ( a ) A regional authority shall, before exercising any function under article 15, or where so required by the Minister for Finance for the purposes of such functions or where the Minister so directs, consult with the Operational Committee in relation to the performance of such functions.

( b ) for the purpose of functions under article 15, an Operational Committee shall comply with such requirements as may be set out in the relevant Community Support Framework or as may be specified by the Minister for Finance, including such requirements in relation to the holding of meetings for such purpose.

38. (1) Subject to the provisions of this Part, a regional authority may regulate by way of standing orders or otherwise, the procedure of committees established under this Part but, subject to any such regulation, such committees may regulate their own procedure.

(2) Notwithstanding sub-article (1), the quorum for a meeting of a committee established under this Part shall be one quarter of the membership of the committee or where such number is not a whole number, the next highest whole number.

FIRST SCHEDULE

Articles 4 and 5

Regional Areas, etc.

SECOND SCHEDULE

Article 37

Nominating Bodies to Operational Committees for the Purposes of Functions under Article 15.

PART I

The corporation of every borough other than a county borough and the councils of the urban districts of Athlone, Bray, Dundalk, Ennis, and Tralee.

PART II

The Chambers of Commerce of Ireland; the Construction Industry Federation; the Department of Agriculture, Food and Forestry; the Department of Arts, Culture and the Gaeltacht; the Department of Education; the Department of Enterprise and Employment; the Department of the Environment; the Department of Finance; the Department of the Marine; the Department of Tourism and Trade; the Department of Transport, Energy and Communications; Irish Co-operative Organisation Society Limited; Irish Creamery Milk Suppliers Association; Irish Farmers' Association; Macra na Feirme.

PART III

Irish Business and Employers' Confederation; Irish Congress of Trade Unions.

PART IV

County Enterprise Partnership Boards.

THIRD SCHEDULE

Article 37

Public Authorities Represented on Operational Committees (other than for the purposes of functions under Article 15)

PART I

Health Boards, Regional Fisheries Boards, Cork Harbour Commissioners, Dublin Port and Docks Board, Limerick Harbour Commissioners, Waterford Harbour Commissioners, Shannon Free Airport Development Company Limited and Údarás na Gaeltachta.

PART II

An Post, Córas Iompair Éireann, The Electricity Supply Board, Teagasc, Bord Telecom Éireann.

FOURTH SCHEDULE

Article 12

Method of Election of Cathaoirleach of Regional Authority

The following provisions shall apply and have effect in respect of the election of a cathaoirleach of a regional authority:

( a ) the proceedings shall begin by a member or members of the authority being proposed and seconded by other members of the authority, and every person so proposed and seconded, and no other person shall be a candidate;

( b ) where there is only one candidate, such candidate shall be deemed to be elected;

( c ) where there are more than two candidates, a poll shall be taken;

( d ) if at such poll a majority of the members of the authority present vote for any particular candidate, such candidate shall be elected;

( e ) if at such poll no candidate receives the votes of a majority of the members of the authority present, the candidate receiving the least number of votes shall be excluded from the election and, subject to the provisions of paragraph (g), one or more further polls (according as may be necessary) shall be taken;

( f ) paragraphs (d) and (c) shall apply in relation to such further poll or polls;

( g ) where there are only two candidates or where, as a result of one or more polls, all the candidates except two have been eliminated, the question as to which of such candidates shall be elected shall be put to the members of the authority present and whichever of such candidates receives the greater number of votes on such question shall be elected;

( h ) if because of an equality of votes given to two or more candidates any question arises as to which of such candidates is to be eliminated or as to which of such candidates is to be elected, such question shall be decided by lot;

( i ) in deciding any such question by lot, the names of the candidates concerned shall be written on similar slips of paper, the slips shall be folded so as to prevent identification and mixed and drawn at random, and the candidate whose name is first drawn shall, where the question concerns an elimination, be the candidate who is to be eliminated or, where the question concerns an election, be the candidate who is to be elected.

GIVEN under the Official Seal of the Minister for the Environment, this 20th day of December, 1993.

MICHAEL SMITH,

Minister for the Environment.

The Minister for Finance hereby consents to the foregoing Order.

Dated this 20th day of December, 1993.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

This Order provides, with effect from 1st January, 1994, for the designation of regions and the establishment of regional authorities and for ancillary matters, including the constitution, membership, functions, meetings, procedures, finance, staffing and general administration of regional authorities.