Section 16 Manual

Introduction to the Freedom of Information Act, 1997
Corporate Services and Human Resources
Housing and Building
Transportation and Infrastructure – Roads Section
Development Incentives and Controls
Environmental Protection
Finance

Introduction

The Freedom of Information legislation was introduced:

To enable members of the public to obtain access to official information, to the greatest extent possible, consistent with the public interest and the right to privacy
To enable persons to have personal information relating to them, in the possession of public bodies, corrected
To provide for the right of access to records held by public bodies
To provide for necessary exceptions to that right
To provide for assistance to persons to enable them to exercise this right
To provide for the independent review, both of decisions of public bodies relating to that right and of the operation of the Acts generally (including the proceedings of such bodies pursuant to this Act) and for those purposes, to provide for the establishment of the Office of Information Commissioner and to define its functions
To provide for the publication by public bodies of certain information about them, relevant to the purposes of this Act
To amend the Official Secrets Act, 1963
To provide for related matters

The Freedom of Information (FOI) Acts, 1997 and 2003, established three new statutory rights:

A legal right for each person to access information held by a local authority about them
A legal right for each person to have official information relating to him/herself amended where it is incomplete, incorrect or misleading
A legal right to obtain reasons for decisions affecting oneself

To facilitate the public in accessing this information, Section 15 & 16 of the Freedom of Information Act, 1997 require each public body to prepare, publish and make available information to themselves, the information they hold, and the internal rules and guidelines used in decision making.

This manual lists the rules, guidelines and precedents used by each section of this Local Authority in carrying out its various functions. These functions and a general description of the services provided for the for the public and how they may be availed of are set out in a manual published in accordance with Section 15 of the Freedom of Information Act, 1997 which is also available for inspection.

Copies of the rules, guidelines and precedents, appropriate to each section as listed in this manual are available for inspection at that section free of charge.

Any queries in this regard should be addressed to:-

Syl Barrett,
Staff Officer,
Ennis Town Council,
Drumbiggle Road,
Ennis,
Co. Clare.
Telephone: (065) 6828040
Fax: (065) 6843934
E-mail: sbarrett@ennistowncouncil.ie

Corporate Services and Human Resources

Rules, Guidelines and Precedents used by the Corporate Services Section of Ennis Town Council.

Twinning

Local Government (Planning & Development) Act, 1976
Local Government Act 1991
Local Government Act 2001

Annual Report

Local Government Act 1991
Department of The Environment L.G. 24/7 (1992)
Local Government Act 1991

Malicious Injury Claims

Malicious Injury Act 1981
Malicious Injury (Amendment) Act 1986

Permit for Events

Local Policy and Procedure

Meetings of Council & Committees of Council

Local Government Act 1994
Parts 6,7 and Schedule 10 of the Local Government Act 2001
Standing Orders of Ennis Town Council
S.I. No. 129 of 1999 Local Government Act 1994 (Local Authority Meetings) (Interim) Regulations, 1999
S.I. No.165 of 1999 Local Government (Reorganisation) Act, 1985 Section 27 (Specified Bodies) Regulations, 1999
S.I. No. 226 of 1999 Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1999
S.I. No. 66 Of 2002 Local Government Act 2001 (Meetings) Regulations, 2002
Circular LG 7/99 Section 27: Local Government (Reorganisation) Act, 1985.
Circular LG 6/99
Circular LG 9/99 Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1999
Circular Letter LG 08/04 & LG 16/04 Strategic Policy Committees
Circular Letter LG09/05 Municipal Policy Committees

Payments to Members of Council for Attendance at Meetings

Local Governments Act 2001
Department of Environs Circular Letter L.G. 49/2
Periodic Department of the Environment and Local Government Circulars – Current Circular LG 26/09. Circulars amending rates there of

Health & Safety

Health, Safety and Welfare at Work Act, 1989. (Various Regulations)
Safety, Health & Welfare at Work Act 2005
Construction Regulations 2006

Advertising

Various statutes regarding obligation to publish statutory notices
Value for Money Report
Local Policy on Report

Receipt and Recording of Tenders

Local Policy on tender Procedures & City and Country Management (Amendment) Act, 1955

Rules, Guidelines and Precedents used by the Human Resources Section of Ennis Town Council.

Determination and Control of Staff Numbers

Local Government Act 1941
Local Government Act 1955
City & County Management Act 1955
Circular Letter LA (P) 4/96 Devolution of responsibility for personnel matters

Recruitment of Staff

LA (P) 6/96 – Employment of People with Disabilities
Local Government (Offices & Employees) Act 1926
Local Government Act 1941
Local Government (Officers) Regulations 1943
Local Government (Appointment of Officers) Regulations 1974
Local Government (Appointment of Officers)(Amendment) Regulations 1997
Department of the Environment Circular Letter E.L. 7/52
Department of the Environment Circular Letter E.L. 5/67
Qualifications & Particulars of Office for each grade as set out by the Department of the Environment Heritage and Local Government
Department of the Environment Circular Letter LA (P) 4/96
Devolution of responsibility for personnel matters
Handbook for Guidance of Interview Board
Local policy on recruitment of temporary officers.
Circular Letter LA (P) 3/97 – Restructuring of Clerical/Administrative Grades
E.L. 7/75 – Regarding of Clerical and Administrative Staff
Terms of Employment (Information) Act 1994
Department of the Environment Circular letter LG (P) 10/99
Department of the Environment Circular letter LG (P) 17/99
Department of the Environment Circular letter LG (P) 6/00
Department of the Environment Circular letter EL 7/00
Department of the Environment Circular letter EL 9/01
Local Government Act 2001
Protection of Employees(part-time work) Act 2001
Circular Letter LG (P) 05/09 Implementation of Savings Measures on Public Service Numbers
Circular Letter LG (P) 07/09 Implementation of Savings Measures on Public Service Numbers
Circular Letter LG (P) 13/09 Staffing Moratorium
Various Circular Letters LG Public Sector Employment - Local Authority Staffing Returns

Welfare Policies

Towards 2016
Qualifications & Job Specifications
Local Policy on recruitment of temporary officers

Staff Training

Local Training Programme
Local Training Policy
Department of the Environment Fees for third level courses of education LA (P) 6/83 & LA (P) 4/98
National Service indictors - LG 03-04, LG 05/04, LG 21/04
Local Mentoring Policy
Learning & Development Requirement & Records
Guidelines on calculating expenditure on staff training and development as a percentage of total payroll costs
Local Continuing Professional Development (CPD) Policy

Conditions of Employment

Department of the Environment Circular Letter E.L. 7/52
Department of the Environment Circular Letter E.L. 5/67
Department of the Environment Circular Letter 4/79 (re: incremental credit for temporary service)
Department of the Environment Circular Letter E.L. 3/95
Department of the Environment Circular Letter E.L. 14/96 – credit for temporary service and previous permanent service for incremental purposes
Department of the environment Circular Letter E.L. 1/81 (additional increments for post graduate service engineering grades)
Department of the Environment Fall Back Rule (credit for allowances)
Department of the Environment rule on promotion of a servant to an officer grade
LA (P) 10/84 – Local Government (Officers) Regulations 1984
Local Government (Officers) Regulations 1984
Department of the Environment Circular Letter E.L. 9/01

Remuneration

Circular Letter LA 6/95 – (PRSI)
Circulars on remuneration issued by the Department of the Environment for all officer and non-officer grades and updated by the Department in line with national wage agreement
Current Circular - Acting Allowance EL 9/96 & EL 08/05
Current Circular - EL05/07

Superannuation

Local Government (Superannuation Revision) (Consolidation) Scheme 1986 (as amended)
Circular Letters S 11/07

Annual Leave – Non Officers

Holidays (Employees) Acts 1973 – 1991
Worker Protection (Regular Part-time Employees) Act 1991
Organisation of Working Time Act 1997
Local Government (Officers) Regulations 1943
Holidays (Employees) Act 1973 (Public Holidays) Regulations 1993
Protection of Employees (part-time work) Act 2001
Protection of Employees (fixed term work) Act 2003
Circular LG (P) 20/06 - Term Time Leave Scheme
Circular Letter EL 09/09 - Shorter Working Year Scheme

Sick Leave

Local Government Officers Regulations 1943
Department of the Environment Circular 7/52
Department of the Environment Circular L.A. 6/95 (revised social insurance status and conditions of service of certain local authority officers)
LA (P) 5/93 Payment of salary to officers on extended sick leave
Local Sick Pay scheme
LA 6/95 Revised Social Insurance status and conditions of service of certain local authority officers

Special Leave without Pay

Department of the Environment LA (P) 18/80
Department of the Environment LA (P) 4/96

Special Leave (Interviews)

Department of the Environment E.L. 12/71

Special Leave (Compassionate)

Department of the Environment Circular Letter LA (P) 19/80

Special Leave with Pay

LA (P) 4/96

Study Leave

LA (P) 18/80

Maternity Leave

Maternity Protection Act 1994
Maternity Protection (Amendment) ACT 2006
Department of the Environment LA (P) 15/81/LA (P) 11/88

Parental Leave

Parental Leave Act 1998
Department of the Environment Circular Letter LG (P) 12/02
Department of the Environment Circular Letter LG (P) 18/04
Parental Leave (Amendment) Act 2006

Adoptive Leave

Department of the Environment LA (P) 7/84
Adoptive Leave Act 1995

Paternity Leave

Department of the Environment Circular Letter LG (P) 5/2000

Military Training Leave

LA (P) 10/81

Career Breaks

Officers of Local Authority LA (P) 12/84 LA (P) 18/84 LA (P) 1/93
Non officers: LA (P) 7/86
Circular LA(P) 18/87 - Reduction in Local Authority Staff Numbers
Circular LA(P) 1/93 - Career Breaks in the Local Authority Service
Circular Letter LA(P) 4/96 Devolution of Responsibility for Personnel Matters
Circular Letter LG(P) 8/2000 Career Break and Job-Sharing Schemes
Circular Letter LG (P) 22/04
Circular Letter LG (P) 08/08 Local Authority (Consolidated) Career Break Scheme
Circular Letter EL 08(a) 2009 Special local authority incentive career break scheme 2009

Work Sharing

Department of the Environment Circular Letter LA (P) 11/86
Department of the Environment Circular Letter LG (P) 13/02
Circular Letter LP (G) 13/07
Worksharing & Social Insurance Contributions
Circular Letter LP(G) 11/08 Worksharing & Social Insurance Contributions

Suspension/Termination

Local Government Act 2001

Removal Expenses

Circular Letter LA 4/96
Local Government Officers Regulations 1943
Department of the Environment Circular Letter 13/78
Department of the Environment Circular Letter 5/84 LA (P) 1/95
Periodic Department of the Environment Circular Letters – revising rates

Travelling Expenses

Local Government (Officer) Regulations 1943
Department of the Environment Circular Letter 7/52 as revised by [periodic circular letters affecting rates

Subsistence Allowances

Local Government (Officers) Regulations 1943
Department of the Environment Circular Letter 7/52 as revised by periodic circular letters affecting rates

Allowances – Non Officers

Circular Letter EL 20/87
Eating-on-Site Allowance

Overtime

Department of the Environment Circular Letter LA (P) 3/80
Department of the Environment Circular Letter EL 1/89
Department of the Environment Circular Letter EL 17/97

Secondment

Circular Letter EL 15/70
LA (P) 4/96

Industrial Relations

Industrial Relations Acts 1946-1990
Industrial Relations (Amendment) Act 2001
Unfair Dismissals Acts 1977 - 1993
Sustaining Progress
Towards 2016
Action Plans under Sustaining Progress and Benchmarking
Local Grievance and Disciplinary Procedure Policy Document

Key Legislation

Application of Enactments Order 1898
Local Government (Ireland) Act 1898
Local Government (Officers & Employees) Act 1926
Local Government Act 1941
Local Government Act 1946
Local Government Act 1955
City & County Management (Amendment) Act 1955
Local Government No. 2 Act 1960
Employment Equality Act 1977
Local Government (Reorganisation) Act, 1985
Safety Health & Welfare at Work Act, 1997
Industrial Relations Acts 1946 – 1990
Minimum Notice and Terms of Employment Act 1973 to 1991
Worker (Protection (Regular Part-Time Employees) Act 1991
Local Government Act 1991
Unfair Dismissals Act 1977 – 1993
Local Government Act 1994
Terms of Employment Information Act 1994
Maternity Protection Act 1994
Organisation of Working Time Act 1997
Roads Act 1993 to 1998
Local Government Act 1998
Employment Equality Act 1998
Local Government Act 2001
Local Government (Officers) Regulations 1943 – 1997
Local Government Act, 1991 (Removal of Control) Regulations 1993
Local Government (Expenses of Local Authority Members) Regulations 1993 – 1995
Maternity Protection (Amendment) Act 2006
Parental Leave (Amendment) ACT 2006

Housing and Building

Rules, Guidelines and Precedents used by the Housing Section of Ennis Town Council.

Local Authority Housing

(Department of the Environment heriatge & Local Governement policy documents:

Building Sustainable Communities
Delivering Homes, Sustaining Communities

are relevant guidelines in the delivery of services
The housing Acts 1966 to 1999

Assessment of Housing Needs

Assessment of Housing Needs Circular, N9/88 as amended

Provision of Local Authority Housing

Assessment of Housing Needs
Department of the Environment Annual Housing Start Allocation
Standard of construction in accordance with Department of Environment Memorandum on the procedures to be followed and the standards to be applied in providing Local Authority Circular N8/82
Department of the Environment Social Housing Guidelines – Site Selection Circular N4/97
Local Authority Housing – provision of demountable dwellings – guidelines Circular N2/89
Fire safety in local authority dwellings Circular HRT13/89
Provision of local authority housing Circular N7/92
Energy conservation in local authority dwellings Circular HRT3/96

Allocation of Housing to Qualified Applicants (lettings)

Local Authority’s Scheme of Letting Priorities
Local Authority’s Housing Management and Maintenance Policy Statement

Maintenance of Local Authority Housing

Local Authority’s Statement of Policy on Housing Management and Tenancy Agreements.
Management and Maintenance of local authority housing – Circular HRT3/92

Estate Management

Local Authority's Anti-social Behaviour Policy 2005
Local Authorities Estate Management Policy
Explanatory Memorandum – Circular H5/97
Management and Maintenance of local authority housing – Circular HRT3/92
Management of local authority housing – Statements of Policy – Circular HRT 4/93

Rent on Local Authority Dwellings

Local Authority’s Differential Rent Scheme

Assistance to Those Housing Themselves

Affordable Housing

1999 Affordable Housing Scheme
Housing (Miscellaneous Provisions) Act 2004
Part V - Planning & Development Acts 2000 – 2006

Tenant Purchase

Tenant Purchase Scheme 1995 - Circular HRT6/95
Tenant Purchase Scheme 1995 – Circular HRT13/95
Consumer Credit Act, 1995 – Circular H8/97
Sale of houses – Circular HRT 3/98

Improvement Works in Lieu of Local Authority Housing

Improvement Works in lieu of Local Authority Housing
Guidelines Circular N4/98

Mortgage Allowance Scheme

Department Circular, as amended - Circular HRT7/91
Housing (Mortgage Allowance) Regulations - Circular 1993 H1/93
Revised limits - Circular HGS4/95
Eligibility – Circular HGS5/96
Contractors - Circular HGS2/98

Sale of Sites Scheme

Department Circular, as amended – Circular N7/91

Voluntary housing

Circular VHU 2/02 as amended

Capital Assistance Scheme

Department of Environment Circular BC3/98, as amended
Explanatory Memorandum – Circular HGS6/92
Clarification – Circular HGS1/96
Revised limits - Circular H10/97

Rental Subsidy Scheme

Department of Environment Circular HRT8/91, as amended
Recoupment of Subsidy – Circular HGS4/92
Amendments - Circular HRT9/95
Revised limits - Circular H10/97

Joint Venture Housing

Department of Environment Circular N7/91, as amended

Registration of Private Rented Dwellings

Residential Tenancies Act 2004

Control of Standards of Private Rented Dwellings

Housing (Standards for Rented Houses) Regulations 1993

Control of Provision of Rent Books for Private Rented Dwellings

Housing (Rent Books) Regulations 1993

Traveller Accommodation

Traveller Accomodation Programme 2009-2013
Grants to travellers for first purchase of house – Circular N4/94
Guidelines for residential caravan parks for travellers - Circular TAU3/97
Housing of travellers - Circular TAU3/98

Accommodation Options for Homeless People

Accommodation of Homeless Persons – Circular N9/91
Accommodation of Homeless Persons – Circular N8/93

Key Legislation

Housing Act, 1966
Housing (Miscellaneous Provisions) Act, 1979
Housing Finance Agency Act, 1981
Housing (Private Rented Dwellings) Act, 1982
Housing Act, 1988
Housing (Miscellaneous Provisions) Act, 1992
Housing (Miscellaneous Provisions) Act, 1997
Housing (Traveller Accommodation) Act, 1998
Housing Regulations, 1980 (As Amended)
Housing (Miscellaneous Provisions) Regulations 1988
Housing (Rent Books), Regulations, 1993
Housing (Standards for Rented Houses) Regulations, 1993
Housing (Mortgage Allowance) Regulations 1993 – 1998
Housing (Acquisition of land) Regulations 1966 – 1993
Housing (Sale of Houses) Regulations 1995 – 1998
Housing (Registration of Rented Houses) Regulations, 1996
Housing (Miscellaneous Provisions) Act 2002
Housing (Miscellaneous Provisions) Act 2004
Housing (Miscellaneous Provisions) Act 2009

Transportation & Infrastructure – Roads Section

Rules, Guidelines and Precedents used by the Roads Section of Ennis Town Council.

Provision of Roads Network

Preparation of Five Years Roads Plan

Circular letter RW 7/96, as amended

Design of Roads Network

Guidelines for Roads Standards laid down by An Foras Forbatha:

RT 180 Alignments
RT 181 Junctions
RT 182 Aesthetics
Barbour Index

Land Acquisition

·Compulsory Purchase Order Procedure

Implementation of Environmental Impact Assessment

S.50 & S.51 of Roads Act, 1993
Environment Assessment Regulations, 1994
Part V if Roads Regulations, 1994 (S.I No. 119/94)
Planning and Development Act

Tendering of Contracts for Roads Scheme

Tender Procedure incorporation E.U. Public Procurement Regulations i.e.
Works Directive 93/37/EEC, as amended by 97/52/EC
Supplies Directive 93/36/EEC, as amended by 97/52/EC
Services Directive 92/50/EEC, as amended by 97/52/EC
Utilities Directive 93/38/EEC, as amended by 98/4/EC
Department of Environment Circular Letter BC1/98
Department of Local Government and National Roads Authority Procurement Policy
DoELG and National Roads Authority Procurement Policy

Standards of Road Works – Maintenance & improvements

Department of Environment, Specifications for Road Works
Department of Environment, Specifications for Surface Dressing
Road Traffic (Signs) Regulations, 1997 – SI No. 181
Traffic Signs Manual
Road Restoration Programme – Circular RW3/97
Guidelines for Road Programmes – Circular RW7/96

Declaration of Roads to be Public Roads

S.11 Roads Act, 1993
Roads Regulations 1994 – Part 2
S.I No. 119 of 1994
S.I No. 197 of 1993

Public Lighting

S.2 of Roads Act, 1993

Control of Roads Network

Temporary Closure of Roads

S.75 of Roads Act, 1993
Part VIII of Roads Regulations, 1994
S.I. No 119 of 1994

Extinguishment of Public Right of Way

S.73 Roads Act 1993

Abandonment of Road

S.12 Roads of 1993

Works near the Roadside

S.76 Roads Act 1993

Dangerous Structures, Trees, Hedges, etc.

S.70 Roads Act, 1993

Unauthorised Signs, Caravans, Vehicles on Public Roads

S.71 Roads Act 1993

Obligation to Keep Drains Clear

S.76 Roads Act 1993

Road Opening Licence

S.13 of Roads Act, 1993

Vehicle Permits

Article 17, Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963

Damage to Public Roads

Land Owners and The Roads Act – A guide
S.13 Roads Act, 1993

Hedge Cutting

Section 70 Roads Act, 1993
Landowners and The Roads Act – A Guide

Traffic Management

Local Authority (Traffic Wardens) Act 1975
Part VI Road Traffic Act, 1994
Road Traffic Act 2002
Road Traffic Act 2004
Road Traffic (Traffic and Parking) Regulations, 1997
S.I. No. 182 of 1997
Road Traffic (immobilisation of Vehicles) Regulations, 1998
Road Traffic (Signs) (Amendment) regulations, 1998
Guidance Notes on Road Traffic (Traffic and Parking) regulations 1997
Local Authority (Traffic Wardens) Act 1975(fixed Charge Offence) Regulations 2006
Car Park Bye-Laws.
Disc Parking Places Bye-Laws.
Disposal of income from fines – TC5/95
Traffic Signs – Circular TC6/96
Re. Traffic Signs Manual – Circular TC7/96
Traffic Regulations - Circular TC1/97
Traffic and Parking – Circular TC4/97
Cycle facilities – Circular TC4/98
Re: Immobilisation of vehicles- Circular TC5/98
Traffic Parking and Signs – Circular TC6/98

Speed Limit Bye-Laws

Part V of Road Traffic Act, 1994
Road Traffic (Traffic and Parking) Regulations, 1997
S.I. No. 182 of 1997

School Warden Service

Road Traffic Regulations 1975-1990
A guide to Organisation, Training and Operation of the Junior School Warden Service – National Safety Council

Determination of Low-Cost Accident Measures

N.R.A. Circular Letter 28/2/94
Annual Allocation

School Flashing Lights

S.95 Road Traffic Act, 1961

Pedestrian Crossings

Department of the Environment Circular Letter DC2/86
Department of the Environment Circular Letter DC1/91

Traffic Calming Measures

S38 Road Traffic Act, 1994

Insurances

Public Bodies Order 1946
Value for Money Report

Key Legislation

Local Government (Ireland) Act, 1898
Local Government Act 1925
Road Traffic Acts 1961 – 1994
Roads Act, 1993
Roads (Amendment) Act, 1998
Local Government (Roads & Drainage) Act 1968
Local Authority (Traffic Wardens) Act 1975
Arterial Drainage Acts 1945 – 1995
Road Traffic (Public Service Vehicles) Regulations, 1963 to 1998
Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 – 1998
Road Traffic (Removal, Storage and Disposal of Vehicles) Regulations 1983 – 1998
Road Regulations 1994
Local Authorities (Traffic Warden) Act 1975 (Section e3) (Offences) Regulations 1997
Road Traffic (Traffic and Parking) Regulations 1997 and 1998
Road Traffic (Signs) Regulations 1997 and 1998
Road Traffic (Immobilisation of Vehicles) Regulations 1998
Road Traffic Act 2002
Road Traffic Act 2004
Local Authority (Traffic Wardens) Act 1975(fixed Charge Offence) Regulations 2006

Transportation & Infrastructure – Water Services

Rules, Guidelines and Precedents used by the Water Services Section of Ennis Town Council.

Provision of Water and Sewerage Schemes

Determination of Needs

Department of the Environment Circular Letter L1/94
Priority List for Water and Sewerage

Design of Schemes

Condoc for water and sewerage civil works contracts (3 June 1996)
Appointment of Consultants – Circular Letter L9/92

Land Acquisition

Compulsory Purchase Procedure

Implementation of Environmental Impact Study (where necessary)

Environment Assessment Regulations, 1994

Tendering

Public Procurement Guidelines (green book)
Works Directive 93/37/EEC (as amended)
Supplies Directive 93/36/EEC (as amended)
Services Directive 92/50/EEC (as amended)
Utilities Directive 93/38/EEC (as amended by 98/4/EC)
Circular Letter BC 1/98

Acquisition of Water Rights/Water Abstraction

Water Supplies Act, 1942

Wayleaves

Public Health (Ireland) Act, 1878

Operation & Maintenance of Water & Sewerage Schemes

Protection of Drinking Water Supplies – Circular Letter L14/92
Protection of Drinking Water Supplies – Circular Letter L7/98

Water/sewerage charges

Disconnection of Domestic Water Supplies – Circular Letter FIN10/96
Charges – Circular Letter – FIN12/97

Quality

EC (Water Intended for Human Consumption) Regulations, 1988
EC (Quality of Surface Water Intended for the Abstraction of Drinking Water) Regulations, 1989
Health (Fluoridation of Water Supplies) Act, 1960
EC Directive 76/160 EEC or EC (Quality of Bathing Water) Regulations, 1988 and 1989
EC Directive 78/659 EEC or EC (Quality of Salmonoid Waters) Regulations, 1988
EC Directive 79/923 (Shellfish Waters)
EC Directive 91/271 EEC or EPA Act 1992, (Urban Waste Water Treatment) Regulations, 1994
Quality of Surface Water Intended for the Abstraction of Drinking Water Regulations 1989 - Circular Letter L17/89
Quality of Surface Water intended for the Abstraction of Drinking Water Regulations 1989 – Circular Letter L1/91

Water Conservation

Water Conservation - Circular Letter L7/96
Water Conservation – Circular Letter L14/97 · Agenda 21
EU Guidelines

Connections to Public Water and Sewerage Mains

Local Government (Sanitary Services) Act, 1962
Manager’s Order on charges for connections
Public Health (Ireland) Act, 1878 – section 271: illegal connections

Provision of Public Convenience

Guidelines on siting and design – Circular Letter 7/89

Key Legislation

Public Health (Ireland) Act 1878 (as amended)
Water Supplies Act 1942
Local Government (Sanitary Services) Act 1948
Health (Fluoridation of Water Supplies) Act 1960
Local Government (Sanitary Services) Act 1962
Local Government (Financial Provisions) Act 1997
Environmental Assessment Regulations 1994
E.C. (Quality of Water Intended for Human Consumption) Regulations 1998
E.C. (Quality of Surface Water Intended for the Abstraction of Drinking Water) Regulations 1989
E.P.A. Acts 1992 (Urban Waste Water Treatment) Regulations 1994

Development Incentives & Controls

Rules, Guidelines and Precedents used by the Planning Section of Ennis Town Council.

Land Use Policy

Ennis & Environs Development Plan 2008 - 2014
Ennis & Environs Development Plan 2008 - 2014 - Variation (No.l) May 2010

Development Plans

Planning and Development Act, 2000
Development Plans - Consultation Draft Guidelines for Planning Authorities issued by Department of Environment Heritage and Local Government

Exempted Development

Planning and Development Act, 2000 - 2006
Planning and Development Regulations 200l - 2009

Plans and Guidelines

Control of Development

Acts
- Planning and Development Act, 2000
- Planning and Development (Amendment) Act 2002 (No. 32 of 2002)
- Housing (Miscellaneous Provisions) Act, 2004 (No. 43 of 2004)
- Planning and Development (Strategic Infrastructure) Act 2006 (No. 27 of 2006)
- Water Services Act 2007
- Planning and Development (Amendment) Bill 2009 - Regulatory Impact Analysis
- Planning and Development (amendment) Bill 2009 - explanatory and financial Memorandum
- Planning and Development Amendment bill 2009
- Harbours (Amendment) Act 2009
Regulations
- Planning and Development Regulations 2001
- Planning and Development (No. 2) Regulations, 2002
- Planning and Development Regulations, 2003
- Planning and Development (Regional Planning Guidelines) Regulations, 2003
- Planning and Development Act, 2000 (Certification of Fairground Equipment) Regulations 2003
- Planning and Development (Strategic Environmental Assessment) Regulations 2004
- Planning and Development Regulations 2005
- Planning and Development Regulations 2006
- Planning and Development (No. 2) Regulations 2007
- Planning and Development Regulations 2008
- Planning and Development (Amendment) Regulations 2008
- Planning and Development (Regional Planning Guidelines) Regulations 2009
Department of Environment Heritage and Local Government Guidelines on:-
- Childcare Facilities Guidelines
- Development Contribution Scheme for Planning Authorities
- Development Management -Consultation Draft of Guidelines for Planning Authorities
- Development Plans -Consultation Draft of Guidelines for Planning Authorities
- Funfair Guidance
- Implementing Regional Planning Guidelines- Best Practice Guidadance
- Landscape and Landscape Assessment and Appendices
- Residential Density Guidelines
- Retail Planning Guidelines
- Strategic Environmental Assessment (SEA)
- Sustainable Urban Housing Designs Standards for Apartments - Draft Guidelines
- Taking in Charge of Housing Estates/Management Companies
- Telecommunications Antennae and Support Structures

Architectural Heritage

Planning and Development Act, 2000 - 2006
Planning and Development Regulations 2001 - 2009
Architectural Heritage Protection for Places of Worship
National Inventory of Architectural Heritage Ennis 1997 - Map and Text Database issued by Duchas

Housing Supply

Planning and Development Act, 2000 - 2006
Housing (Miscellaneous Provisions) Act, 2004
Planning and Development (Amendment) Act 2002 (No 32 of 2002)
Planning and Development Regulations 2001 - 2009

Planning Appeals to An Bord Pleanala

Planning and Development Act, 2000 - 2006
Planning & Development Regulations 200l - 2009

Enforcement Control

Planning and Development Act, 2000 - 2006

Development by Local and State Authorities

Planning and Development Act, 2000 - 2006
Planning & Development Regulations 2006
Planning & Development Regulations 200l

Strategic Infrastructure Development

Planning and Development Act, 2000 - 2006
Planning and Development (Strategic Infrastrucutre) Act, 2006
Planning and Development Regulations 2006 (S.I No. 685 of 2006)

Environmental Impact Assessment

Planning and Development Act, 2000 - 2006
Planning & Development Regulations 2006
Planning and Development (Strategic Environmental Assessment) Regulations 2004
European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004
Planning & Development Regulations 200l
Department of Environment, Heritage & Local Government Guidelines on Strategic Environmental Assessments

Events and Funfairs

Planning and Development Act, 2000 - 2006
Planning & Development Regulations 2006
Planning & Development Regulations 200l

Financial Provisions

Planning and Development Act, 2000 - 2006
Planning & Development Regulations 200l - 2009
Ennis Town Council Development Contribution Scheme 2004

Taking in Charge of Housing Estates

Planning and Development Act, 2000 - 2006
Department of Environment, Heritage & Local Government Guidelines on
Taking in Charge of Housing Estates/Management Companies

Planning Guidelines

Architectural Heritage Protection for Places of Worship
Childcare Facilities Guidelines
Development Contribution Scheme for Planning Authorities
Development Management -Consultation Draft of Guidelines for Planning Authorities
Development Plans -Consultation Draft of Guidelines for Planning Authorities
Funfair Guidance
Implementing Regional Planning Guidelines- Best Practice Guidadance
Landscape and Landscape Assessment and Appendices
Residential Density Guidelines
Retail Planning Guidelines
Strategic Environmental Assessment (SEA)
Sustainable Urban Housing Design Standards for Apartments Consultation Draft Guidelines
Taking in Charge of Housing Estates/Management Companies
Telecommunications Antennae and Support Structures

Planning Leaflets

PL1. A Guide to Planning Permission
PL2. Making a Planning Application
PL3. Commenting on a Planning Application
PL4. Building a House - The Planning Issues
PL5. Doing Work Around the Houses - The Planning Issues
PL7. Planning and the Business Person
PL8. The Development Plan
PL9. Environment Impact Assessment
PL10. Making a Planning Appeal
PL11. Guide to the Building Control System
PL12. Guide to Architectural Heritage

Key Legislation

Planning Acts

Local Government (Planning and Development) Act, 1999 (No. 17 of 1999)
Local Government (Planning and Development) Act, 1998 (No. 9 of 1998)
Local Government (Planning and Development) Act, 1993 (No. 12 of 1993)
Local Government (Planning and Development) Act, 1992 (No. 14 of 1992)
Local Government Act, 1991 (Sections 44 and 45) (No. 11 of 1991)
Local Government (Planning and Development) Act, 1990 (No. 11 of 1990)
Local Government (Planning and Development) Act, l982 (No. 2l of l982)
Local Government (Planning and Development) Act, l976 (No. 20 of l976)
Local Government (Planning and Development) Act, l963 (No. 28 of l963)
Planning and Development Act, 2000 - This Act consolidates all previous Planning Acts and much of the Environmental Impact Assessment Regulations, and also contains many significant changes and new initiatives, such as the Part V Housing Supply Initiative.
Planning and Development (Amendment) Act 2002 (No. 32 of 2002)
Housing (Miscellaneous Provisions) Act, 2004 (No. 43 of 2004)
Planning and Development (Strategic Infrastructure) Act 2006 (No. 27 of 2006)
Water Services Act 2007
Planning and Development (Amendment) Bill 2009 - Regulatory Impact Analysis
Planning and Development (amendment) Bill 2009 - explanatory and financial Memorandum
Planning and Development Amendment bill 2009
Harbours (Amendment) Act 2009

Planning and Development Regulations:

2009

Planning and Development (Regional Planning Guidelines) Regulations 2009

2008

Planning and Development Regulations 2008
Planning and Development (Amendment) Regulations 2008

2007

Planning and Development (No. 2) Regulations 2007 (SI 135 of 2007)
Planning and Development Regulations 2007 (S.I. No. 83 of 2007)

2006

Planning and Development Regulations 2006 (S.I No. 685 of 2006)
European Communities (Environmental Impact Assessment)(Amendment) Regulations 2006 (S.I. No. 659 of 2006)

2005

Planning and Development Regulations 2005 (S.I. No. 364 of 2005)

2004

Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004)
European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004)

2003

Planning and Development Act, 2000 (Certification of Fairground Equipment) Regulations, 2003 ( S.I. No. 449 of 2003)
Planning and Development (Regional Planning Guidelines) Regulations, 2003 ( S.I. No. 175 of 2003)
Planning and Development Regulations, 2003 (S.I. No. 90 of 2003)

2002

Planning and Development (No. 2) Regulations, 2002 (S.I. No. 149 of 2002)
Planning and Development Regulations, 2002 (S.I. No. 70 of 2002)

2001

Planning and Development Regulations, 2001 (S.I. No. 600 of 2001)

Regulations prior to the Planning & Development Regulations 200l:-

Local Government (Planning & Development) Regulations, l994
Local Government (Planning & Development) Regulations, 1995
Local Government (Planning & Development) (No.2) Regulations, 1995
Local Government (Planning & Development) Regulations, 1996
Local Government (Planning & Development) Regulations, 1997
Local Government (Planning & Development) (No.2) Regulations, 1997
Local Government (Planning & Development) (No.3) Regulations, 1997
Local Government (Planning & Development) (Fees) (Amendment) Regulations, 1998
Local Government (Planning & Development) Regulations, 1998
Local Government (Planning & Development) (Fees) (Amendment) (No. 2) Regulations, 1998
Local Government (Planning & Development) (No. 2) Regulations, 1998

Environmental Protection

Rules, Guidelines and Precedents used by the Environment Section of Ennis Town Council.

Litter Control

Litter Act, 1982
Litter Pollution Act 1997
Anti-Litter Action Plan, 1997
Litter Pollution Regulations 1997
Waste Management Act 1996
Waste Management (Amendment) Act 2001
Protection of the Environment Act 2003
Litter Pollution Regulations, 1999 (S.I.359 1999)
Litter Action Plan, Department of the Environment and Local Government
Taking Pride in our Environment, A National Anti-Litter Strategy, Report of the National Anti-Litter Forum

Derelict Sites

Derelict Sites Act, 1990
Derelict Sites Regulations, 1990 to 1992.

Water Pollution

Water Pollution Act, 1977
Water Pollution (Amendment) Act, 1990
Local Government (Water Pollution) Regulations, 1978
Local Government (Water Pollution) Regulations, 1992
Local Government Water Pollution Regulations, 1996
EPA Act, 1992, (Urban Waste Water Treatment), Regulations, 1994
Protection of Ground Water Regulations, 1999 (S.I. No 41 1999)
Local Government (Water Pollution) (Amendment) Regulations 1999
Bye-Laws under the Local Government Act, 1994 and the Local Government (Water Pollution) (Amendment) Act 1990

Air Pollution

Air Pollution Act, 1987
Air Quality Standards Regulations 1987 (S.I. No.224 1987)
Air Pollution Act, 1987 – (Municipal Waste Incineration) Regulations, 1993
Air Pollution Act, 1987 – (Petroleum Vapour Emissions) Regulations, 1997
EPA Act, 1992 (Control of Volatile Organic Compound Emissions resulting from petrol storage and distribution) Regulations, 1997
Air Pollution Act, 1987 (Marketing, Sale & Distribution of Fuels) Regulation, 1998

Noise Pollution

Section 106 Environmental Protection Agency Act, 1992
Environmental Protection Agency Noise Regulations, 1994

Oil Pollution

Water Pollution Act, 1997
Water Pollution (Amendment) Act, 1990

Monitoring of Water Quality (Drinking Water)

Drinking Water: E.C. (Quality of Water Intended for Human Consumption) Regulations, 1998
Drinking Water: E.C. (Quality of Surface Intended for Abstraction of Drinking Water) Regulations, 1989
Department of the Environment Handbooks on above Regulations.
European Communities (Drinking Water) Regulations 2000 (S.I. No 439 of 2000) Bathing Water
Quality of Bathing Water Regulations, 1988 (S.I. No. 84 1998)
Quality of Bathing Water (Amendment) Regulations, 1989 (S.I. No 89 of 1989)
Quality of Bathing Water (Amended) Regulations 1994
Quality of Bathing Water (Amended) Regulations 1996

Environmental Protection Initiatives

Environmental Priming Grant – Environment & Amenity works
Best Kept Schools Competition

Safety of Structures & Places

Dangerous Structures – Sanitary Services Act, 1964
Water Safety – Sanitary Services Act, 1964 and Annual D.O.E Circulars
Dangerous Substances – Dangerous Substances Act, 1979
Dangerous Substances (Retail & Petroleum) Stores Regulations, 1979
Dangerous Substances (Retail & Petroleum) Stores (Amendment) Regulations 1988
Dangerous Substances Act, 1972 – Guide to the storage or keeping of petroleum spirit
Dangerous Substances (Conveyance of Petroleum by Roads) Regulations, 1979
Dangerous Substances (Oil Jetties) Regulations, 1979
Dangerous Substances (Bulk Storage) Regulations 1979
Dangerous Substances (Licensing Fee) Regulations 1979
Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade of Business) Regulations, 1980
E.U. control of Major Accident Hazards involving Dangerous Substances Regulations, 2000 S.I. 476 of 2000

Control of Dogs

Control of Dogs Act, 1986
Control of Dogs (Amendment) Act, 1992
Control of Dogs Act, 1986 (Guard Dogs) Regulations, 1988
Control of Dogs Act, 1986 (Restriction of Certain Dogs) Regulations, 1991
Litter Pollution Act, 1997

Control of Horses

Control of Horses Act, 1996

Abattoirs

Slaughter of Animals Act, 1935
Abattoirs Act, 1988
Veterinary Regulations, 1992
Health Mark Regulations, 1992
Diseases of Animals Act, 1966 & 1979
Abattoirs Act, 1988, Abattoirs Regulations 1989 & 1997
E.C. (Fees for Health Inspection & Control of Fresh Meat) Regulations 1955
Diseases of Animals (Bovine Spongyform Encephalopathy) (Specific Risk Material) Order, 1997
Abattoirs Act, 1988 (Veterinary Examination) (Amendment) (No.2) Regulations 1998
Control of Animal Remedies and their Residues Regulation, 1998

Milk & Dairies

Milk and Dairies Acts 1935 & 1956
Milk and Dairies Regulations, 1938 – 1962
E. C. Production Processing & Placing on the Market of Milk & Milk based Regulations

Casual Trading

Casual Trading Act, 1995
Casual Trading Bye-Laws

Access to Information – Environment

Access to information on the Environment Regulations, 1993
Access to information on the Environment Regulations, 1996
Access to information on the Environment Regulations, 1998
European Communities Act, 1972 (Access to Information the Environment) Regulations, 1998
Integrated Pollution Control Licensing – Environmental Protection Agency Act, 1992 (Established Activities) Order 1988

Environmental Impact Assessment

European Communities (Environmental Impact (Assessment) Regulations 1989
European Communities (Environmental Impact (Assessment) (Amendment) Regulations 1994
European Communities (Environmental Impact (Assessment) (Amendment) Regulations 1996
European Communities (Environmental Impact (Assessment) (Amendment) Regulations 1998
European Communities (Environmental Impact (Assessment) (Amendment) Regulations 1999
Directive 97/11/EC
Directive 85/337/EEC

Foot and Mouth

S.I No. 56 of 2001
Diseases of Animals (Restriction of Movement of Animals) Order, 2001 including movement permit
Foot and Mouth Outbreak – Construction Contracts
Containment of threat of Foot and mouth Disease – Road Haulage operators and bus and coach passengers operations
Recommendations of the expert group in relation to Foot and Mouth Disease controls. (1) and (2)
Guidance note on emergency disposal of animals arising from the recent Foot and Mouth Disease outbreak
Protocol for Department of the Environment and Local Government Infrastructure works in Rural Areas
Updated Guidance Note on emergency disposal of animals

Key Legislation

Public Health (Ireland) Act 1878
Local Government Water Pollution Act 1977
Local Government (Financial Provisions) Act 1983
Control of Dogs Act 1986
Air Pollution Act 1987
Local Government Water Pollution (Amendment) Act 1990
Derelict Sites Act 1990
Environmental Protection Agency Act 1992
Roads Act 1993
Casual Trading Act 1995
Waste Management Act 1996
Control of Horses Act 1996
Environmental Protection Agency Act 1997
Litter Pollution Act 1997
Waste Management (Amendment) Act 2001
Local Government (Planning and Development) Regulations 1994 to 2001
Protection of the Environment Act 2003

Finance

Rules, Guidelines and Precedents used by the Finance Section of Ennis Town Council.

Requirement to Prepare the Budget

City and County Management Act 1955

Dates and Estimates Meeting

Public Bodies (Amendment) Order 1993

Power to borrow Money and Authorise Overdraft Facilities

Local Government (No 2) Act 1960

Power to Levy Charges For Services

Local Government (Financial Provisions) (No.2) Act 1983

Value for Money

Local Government Act 1991
Local Government (Financial Provisions) Act 1997

Co-ordination of Accounts and Procedures

Local Government Act 1941
Officers Regulations 1943
County Management Acts 1940-1942
Public Assistance Act 1936

Remuneration

Department Circulars issued by Department of Environment on line with National Agreements

Sick Pay – Local Scheme

Overtime

Department of Environment Circular LA/P 3/80
Department of Environment Circular EL 1/89
Department of Environment Circular EL 17/97

Holiday Pay Entitlements

Holiday Pay (Employees Act) 1973
Regular (Part-Time) Employees Act 1991

Recoupment Rates For Officers

Circular S16/96

Starting Pay on Promotion

Circular EL 5/67
Circular EL 4/79
Circular EL 18/97

Incremental Credit – Temporary Staff

Circular EL 3/95

Acting Allowances

Circular EL 9/96
Paragraph 52 Appendix to Circular LA/P 4/96
Circular S17/97 (Superannuation of Acting Allowances)

Introduction of full P.R.S.I

Circular CL 695 LAS

P.A.Y.E

Employer’s Guide as issued by Revenue Commissioners
Employer’s Guide as issued by the Department of Social Welfare

P.R.S.I. – SW

14-April 1998 Issue (PRSI 3) issued by the Department of Social Welfare

Sub-Contractors and Withholding Tax

Taxes Consolidation Act 1997

Water Charges.

Public Health Act 1878
Local Government Act 1962
Financial Provisions Act 1983
Local Government (Delimitation of Water Supplies/Disconnection Powers) Act 1995
Financial Provisions Act 1997 and Circular Fin 12/97

Waiver of Charges

Circular Fin 9/83
Circular Fin 13/83
Circular Fin 12/85
Circular Fin 27/85

Funding Arrangements

Local Government (Financial Provisions) Act 1997

Payment of Wages and Salaries to Staff

Payment of Wages Act 1991
Holidays (Employees) Act, 1973 and 1991
Workers Protection (Regular Part-Time Employees) Act, 1991
Public Bodies Order 1946-1993
Various Finance Acts.
Local Government Officers Regulations, 1943
Rates of Wages and Salaries – Circulars EL6/98, LA/P 4/96
Payment of Acting Allowances – Circular S17/97
Payment of Overtime – Circulars LA/P 3/80, EL 1/89, EL 17/97
Starting on Pay on Promotion – Circulars EL5/67, EL 18/97, EL19/97
Increments for Temporary Staff – Circulars EL3/95, EL 14/96
Allowances for Outdoor Staff: Listing of Rates of Allowances
P.A.Y.E. Employers Guide – Edition No.7
P.R.S.I. Employers Guide – SW3
Sick Leave (Officers)- Circular LA (P) 17/80 and Local Government Officers Regulations, 1943
Sick Leave (Employees)- Local Authorities Sick Pay Scheme.
Special Leave – Circulars EL 59/75, LA/P18/80,LA/p 19/80, LA/P 11/81, LA/P 10/82, LA/P 18/94, LA/P 13/85, LA/P 7/86, 11/86, LA/P 12/88, LAP1/93 LA/P 4/96
Holiday Pay Employees – Holidays (Employees) Act 1973
Worker Protection (Regular Part –Time Employees) Act, 1991
Computer Payroll System: LGCSB User Manual
Local Interpretations, Procedures and Practices

Payment for Goods & Services (Creditors Payments)

Public Bodies, 1946 – 1993
Local Government Act, 1991
Prompt Payment of Accounts Act, 1997
Local Government (Expenses of Local Authority Members) Regulations, 1993
General – Local Authorities Payment Procedures and Circular Fin 17/97
Tax Clearance – Circular BC 5/95 and Circular 22/95 (Department of Finance) Withholding Tax – Revenue Commissioners Notes for Guidance of Accountable Pension in relation to Withholding Tax on Professional Services. Relevant Contracts Tax: Revenue Commissioners Explanatory Notes for Principal Contractors
Members Expenses – Guidelines on New System of Councilors Expenses and Circulars LG 2/95, LG 8/97, EL 13/97, EL 15/97
Travelling and Subsistence Allowances – Circulars EL 7/52, EL 13/97, EL 16/97, EL 2/98, EL 1/99, EL 8/01
Local Interpretations, Procedures and Practices

Payment of Pensions to Former Staff of Ennis Town Council and Spouses & Children, where Applicable

Local Government Superannuation Act, 1980
Local Government (Superannuation) (Gratuities) Regulations, 1984
Pensions Increases – Circular S7/87
Local Government (Superannuation Revision) (Consolidation) Scheme, 1986
Local Government Employees (Widows & Orphans Contributory Pension) Scheme.
Local Government Officers (Widows & Orphans Contributory Pension) Scheme.
Local Government Employees (Widows & Orphans Ex Gratia Pension) Scheme
Local Government Officers (Windows & Orphans Ex Gratia Pension) Scheme
Local Government Employees (Spouses & Childrens Contributory Pension) Scheme
Local Government Officers (Spouses & Children Contributory Pension) Scheme

Estimate of Expenses

City and County Management (Amendment) Act, 1955
Local Government (Financial Provisions) Act 1978
Local Government (Financial Provisions) No. 2 Act, 1983
Local Government (Financial Provisions) Act, 1997
Local Government Superannuation Act 1991
Local Government Act, 1994
Public Bodies Orders, 1946-1993

Annual Financial Statement

Public Bodies Orders, 1946 – 1993
Local Government (Financial Provisions) Act, 1997

Audit of Accounts

Public Bodies Order 1946

Collection of Commercial Rates – Rate Book

The Grand Juries (Ireland) Act 1836
The Poor Relief (Ireland) Act 1838
The Valuation (Ireland) Act 1852
The Valuation (Ireland) Act 1854
The Local Government Act 1941
The Local Government Act 1946
The Local Government (Financial Provisions) Act 1978
The Valuation Act 1988
Urban Renewal Acts 1986 – 1998
Public Bodies Order 1946

Collection of Water Rates

Public Health Act 1878
Local Government (Sanitary Services) Act 1962
Local Government (Financial Provisions) Act 1983
Local Government (Delimitation of Water Supplies Disconnection Powers) Act 1995
Financial Provisions Act 1997 – Circular Fin 12/97

Collection of Refuse Charges

Public Health Act 1878
Public Health (Amendment) Act 1907
Local Government (Financial Provisions) Act 1983

Key Legislation

County Management Acts 1940-1942
Local Government Act 1941
City and County Management (Amendment) Act, 1955
Local Government (No 2) Act 1960
Local Government Act 1962
Local Government (Financial Provisions) Act 1978
Local Government (Financial Provisions) No. 2 Act, 1983
Valuation Acts 1852 – 1988
Local Government Superannuation Act 1991
Local Government Act 1991
Local Government Act, 1994
Prompt Payment of Accounts Act 1997
Local Government (Financial Provisions) Act, 1997
Local Government Act, 2001
Public Bodies Orders, 1946-1993

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