STATUTORY INSTRUMENTS.

S.I. No. 274 of 2003 .

Local Government Act, 2001 (Section 237A) Regulations, 2003

S.I. No. 274 of 2003

Local Government Act, 2001

(Section 237A) Regulations, 2003

The Minister for the Environment, Heritage and Local Government in exercise of the powers conferred on him by section 4 of the Local Government Act, 2001 and section 237A of that Act (as inserted by section 3 of the Local Government (No. 2) Act, 2003) hereby makes the following regulations.

1.     These regulations may be cited as the Local Government Act, 2001 (Section 237A) Regulations, 2003.

2.  These regulations shall come into operation on 1 August, 2003.

3.    (1)    In these regulations a reference to a sub-article is a reference to a sub-article of the article in which the reference occurs.

(2)    In these regulations --

“local authority” has the meaning given by the Local Government Act, 2001 ;

“parliamentary representative” means a member of Dáil éireann or of Seanad éireann;

“relevant representative” in relation to a local authority means a parliamentary representative who has notified the authority concerned pursuant to article 5 of these regulations.

4.     A local authority shall conduct its dealings with parliamentary representatives, including those where such representatives are acting in a representational role on behalf of others, in accordance with these regulations.

5.     A parliamentary representative may for the purposes of these regulations by notification in writing or electronically inform a local authority of his or her address, postal or electronic.

6.     (1)     A local authority shall as a matter of course supply or make available without charge to a relevant representative a copy of the relevant documentation as specified in sub-article (2).

(2)     The relevant documentation for the purposes of sub-article (1) is --

(a)    notice, agenda and minutes of local authority meetings;

(b)   corporate plan;

(c)    annual report;

(d)    local authority budget;

(e)    draft development plan;

(f)    development plan;

(g)    development contribution scheme;

(h)    weekly list of planning applications;

(i)     weekly list of planning decisions;

(j)    draft bye-law;

(k)    bye-law.

(3)     Where a relevant representative informs a local authority in writing or electronically that he or she wishes to receive a copy of the notice, agenda and minutes of the meetings of a committee of the authority then such documentation shall be regarded as relevant documentation for the purposes of this article.

(4)     Nothing in this article shall be read as precluding the supply or making available by a local authority, subject to law, of other documentation to a parliamentary representative.

7.     A copy of an annual report adopted by a local authority under section 221 of the Local Government Act, 2001 shall be supplied by the authority to the library of the Houses of the Oireachtas.

8.     It shall be an objective of a local authority that systems, procedures and time frames equivalent to those used by it in relation to correspondence from local authority members also apply in respect of parliamentary representatives.

9.     (1)     It shall be an objective of a local authority to seek to deal with requests for access to information by a parliamentary representative as expeditiously as may be and in accordance with a proper level of customer service.

(2)     Where a local authority provides access to information by its members by way of internet or other electronic media it shall notify a relevant representative of the nature of the information which is available and the means of access.

10.   A local authority may for the purposes of these regulations have regard to --

(a)     Public Bodies and the Citizen - the Ombudsman's Guide to Standards of Best Practice for Public Servants (Revised March 2003) or any subsequent such guidelines as may be so issued.

(b)     the provisions of its corporate plan insofar as relevant, or of its customer action plan or other customer service objectives.

11.   A parliamentary representative is entitled to be present without notice at a meeting of a local authority or of a committee of that authority, subject as appropriate, to section 45(3) of the Local Government Act, 2001 or regulations made under section 54 of that Act.

12.   A county manager or city manager together with the Cathaoirleach of the county council or city council concerned shall arrange to meet with local parliamentary representatives as a group at least annually.

13.   (1)     Nothing in these regulations shall be read as implying that a lesser level of customer service is to apply as regards the dealings of a local authority with its members or any other person.

(2)     Nothing in these regulations shall be read as requiring a local authority to supply or make available information which is confidential or which it is otherwise precluded by law from making available.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations provide for the question of local authorities and their dealings with members of either House of the Oireachtas. They deal with the supply by a local authority of notice, agenda and minutes of meetings; other specified documentation; correspondence; access to information and communication generally.