S.I. No. 1/1998:

LOCAL GOVERNMENT ACT, 1991 (REGIONAL AUTHORITIES) (ESTABLISHMENT ORDER) 1993, (AMENDMENT) ORDER, 1998.

LOCAL GOVERNMENT ACT, 1991 (REGIONAL AUTHORITIES) (ESTABLISHMENT ORDER) 1993, (AMENDMENT) ORDER, 1998.

The Minister for the Environment and Local Government 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:

1. This Order may be cited as the Local Government Act, 1991 (Regional Authorities) (Establishment Order) 1993, (Amendment) Order, 1998.

2. This Order, the Local Government Act, 1991 (Regional Authorities) (Establishment Order) 1993, (Amendment) Order, 1995 ( S.I. No. 208 of 1995 ), the Local Government Act, 1991 (Regional Authorities) (Establishment Order) 1993, (Amendment) (No. 2) Order, 1995 ( S.I. No. 369 of 1995 ) and the principal order shall be construed together as one and may be cited together as the Local Government Act, 1991 (Regional Authorities) Orders 1993 to 1998.

3. In this Order,

"the principal order" means the Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1993 ( S.I. No. 394 of 1993 ).

"the Committee" means the Committee of the Regions.

"the Order of 1995" means the Local Government Act, 1991 (Regional Authorities) (Establishment Order) 1993, (Amendment) Order, 1995 ( S.I. No. 208 of 1995 ).

4. (1) Where a member of a constituent local authority is appointed as a member of the Committee but is not a member of the relevant regional authority under the principal order then, by virtue of this article, on and from such appointment such person shall become, and be and hold office as, a member of the relevant regional authority.

(2) A person who by virtue of sub-article (1) of this article becomes or, who by virtue of article 4 of the Order of 1995 became a member of a regional authority, shall hold office as such member subject to the terms of the principal order and subject to him or her remaining a member of the Committee.

(3) The membership of each regional authority concerned shall be increased in accordance with sub-article (1) of this article for so long, but only for so long, as a person is a member pursuant to this article, and article 5 of the principal order shall be construed and have effect accordingly.

(4) A person who is a member of a regional authority and of the Committee shall keep the authority informed of the proceedings of the Committee and shall present an annual report to the authority in that respect: that authority may request such person to present a report to it on any matter of relevance to the authority and the said person shall as far as is practicable comply with such request.

(5) The Minister in advising the Government in relation to the selection of persons (each being a member of a local authority) to be proposed for appointment to the Committee or appointment as alternate members of the Committee, shall have regard to the objective that the Irish delegation taken as a whole should manifest an appropriate measure of gender and territorial balance.

5. The secretary to the authority shall be known by the title director of the authority and every reference to the secretary in the principal order shall be construed accordingly.

6. Article 31 of the principal order is hereby amended by the addition after sub-article (4) of that article of the following sub-article:

"(5) a public authority which is represented on the Operational Committee of a regional authority in accordance with article 37 may make an annual financial contribution to the regional authority, and such contribution shall be additional to amounts recoupable under article 15(3) or refundable under sub-article (4).".

7. Article 35 of the principal order is hereby amended by the addition after sub-article (3) of that article (as inserted by article 6 of the Order of 1995) of the following sub-article:

"(4) A direction under this article may without prejudice to its other provisions, provide for the designation for such period as is specified, of a manager of a constituent local authority as manager on whom shall stand conferred such functions in relation to the authority as may be specified in the direction.".

8. Article 14(2)(h) of the principal order and article 4 of the Order of 1995 are hereby revoked.

GIVEN under the Official Seal of the Minister for the Environment and Local Government, this 5th day of January, 1998.

NOEL DEMPSEY,

Minister for the Environment and Local Government.

The Minister for Finance hereby consents to the foregoing Order.

Dated this 5th day of January, 1998.

MARY HARNEY,

Minister for Finance.

EXPLANATORY NOTE.

This order amends the Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1993 ( S.I. No. 394 of 1993 ) and the Local Government Act, 1991 (Regional Authorities) (Establishment Order), 1993, (Amendment) Order, 1995 ( S.I. No. 208 of 1995 ) in certain respects.