Wednesday, 10 October 2018

Questions (249)

Maria Bailey

Question:

249. Deputy Maria Bailey asked the Minister for Housing, Planning and Local Government if it is a reserve power for county councillors to determine the county capital budget; and if he will make a statement on the matter. [41489/18]

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Written answers (Question to Housing)

Section 135 of the Local Government Act 2001 provides that before the start of each local financial year the chief executive shall prepare and submit to the elected council a report indicating the programme of capital projects proposed by the local authority for the forthcoming and the following two local financial years having regard to the availability of resources. This report may be considered at the local authoritybudget meeting or at such other meeting as the elected council may by resolution decide.

Other relevant provisions of the 2001 Act addressing the role of elected members in the area of capital budgeting include section 137, which provides that the elected council may by resolution require the chief executive to prepare plans and specifications for particular works and an estimate of their cost; section 138, which provides that the chief executive shall inform the elected council before any works (other than maintenance or repair) of the local authority are undertaken or before committing the local authority concerned to any expenditure in connection with the proposed works; section 139 , which provides that, once the elected council is informed in accordance with section 138 of any works, it may by resolution direct that those works shall not proceed; and section 140 , which provides that the elected council may, by resolution and subject to the requirements of the section, direct that any specific act be done by the local authority.