COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, November 14, 2016

HEADED ITEM NO.12

 

PROVISION OF VETERINARY SERVICE ON BEHALF OF KILDARE COUNTY COUNCIL BY SOUTH DUBLIN COUNTY COUNCIL.  

(PROPOSED AGREEMENT UNDER SECTION 85 OF THE LOCAL GOVERNMENT ACT 2001)

REPORT:

Section 85 of the Local Government Act, 2001 allows for an agreement to be put in place regarding the carrying out of functions by one local authority on behalf of another.   

Article 4 (1) of Regulation (EC) No 882/2004 requires Member States to designate the competent authorities responsible for the purposes of the official controls set out in the Regulation. 

South Dublin County Council (SDCC) is designated a Competent Authority for the purpose of carrying out official controls to ensure verification of compliance with food law. This responsibility is discharged on behalf of Food Safety Authority of Ireland (FSAI) through a service contract.

SDCC is responsible for official controls not only within the functional area of the local authority but also in Fingal Co Council, Dublin City Council and Dun Laoghaire Rathdown Co Council through formal agreements made under Section 85 of the Local Government Act, 2001.

Schedule 2.1.20 of the service contact with the FSAI requires that SDCC shall enter into a Section 85 agreement with at least one other city or county council. The FSAI has requested that formal Section 85 agreements be put in place with Kildare County Councils to facilitate request/s for assistance should the need arise due to unplanned circumstances.

The cost of providing any such service will be recouped by SDCC from the FSAI.

As the making of an agreement under Section 85 of the Local Government Act 2001 is a reserved function, it will be necessary for the following motion to be passed by this Council.

 “That South Dublin County Council enters into an agreement under Section 85 of the Local Government Act 2001 with Kildare County Council for the provision of veterinary services on behalf of Kildare County Council, in the event of unplanned circumstances.