Written answers
Wednesday, 23 November 2011
Department of Environment, Community and Local Government
Local Authority Functions
9:00 pm
Brendan Smith (Cavan-Monaghan, Fianna Fail)
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Question 165: To ask the Minister for the Environment, Community and Local Government if he will clarify the reserved functions of a local authority; the assets that must be brought to a council for disposal purposes which includes land, buildings, goodwill, sale of service, database or other material asset; if this matter can be clarified with reference to where in law, the various categories of assets dealt with are and if they are included or otherwise by specific inclusion or exclusion; and if he will make a statement on the matter. [36398/11]
Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Reserved functions are exercised by resolution of the members passed at a meeting of a local authority. Every function of a local authority which is not a reserved function is an executive function of the local authority concerned. The following table sets out, in summary, reserved functions associated with the disposal of material assets.
| Reserved Function | Relevant Legislation |
| Land disposals, notification of members | Section 183 of the Local Government Act 2001 |
| Power of housing Authority to sell or lease certain dwellings | Section 90 of the Housing Act 1966, as amended |
| Allocation of Affordable Housing (Part V) | Section 98 of Planning and Development Act 2000 |
| Allocation of Affordable Housing (1999 Scheme) | Section 8 of Housing (Miscellaneous Provisions) Act 2002 |
| Disposal of mortgages held by housing authorities or Housing Finance Agency | Section 14 of the Housing (Miscellaneous Provisions) Act 1992 |
| Abandonment of public roads | Section 12 of the Roads Act 1993 |
| Extinguishment of public rights of way | Section 73 of the Roads Act 1993 |
| Powers of local authorities in relation to market rights owned by them | Section 8 of the Casual Trading Act 1995 |
| Promotion of interests of local community | Section 66 of the Local Government Act 2001 |
| Functions of road authority re abandonment of railway line | Section 21 of the Transport Act 1950 |
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