140.—(1) In this section “local authority” includes a joint body.

(2) Subject to this section, an elected council or joint body may by resolution require any particular act, matter or thing specifically mentioned in the resolution and which the local authority or the F203[chief executive] concerned can lawfully do or effect, to be done or effected in the performance of the executive functions of the local authority.

(3) Notice of the intention to propose a resolution under this section shall be given in writing to the F203[chief executive] and the notice—

(a) shall be signed by F204[at least 2 members],

(b) shall contain the text of the proposed resolution, and

(c) may require that the proposed resolution be considered at a special meeting and shall then specify a day (F204[not less than 5 days] after the day on which the notice is received by the F203[chief executive]) for the holding of the special meeting.

(4) A resolution under this section shall not be considered at a meeting of the local authority which is held F204[less than 5 days] after the day on which the F203[chief executive] received the relevant notice under subsection (3).

(5) Where the F203[chief executive] receives a notice under subsection (3), he or she shall, as soon as possible, send a copy of the notice to every member of the local authority and, if the notice requires a special meeting and subsection (6) does not apply, a special meeting of the local authority shall be convened for the day specified in that behalf in the notice.

(6) Where a notice under subsection (3) specifies a day for the holding of a special meeting, and an ordinary meeting of the local authority is to be held on a day within the period of 14 days after the day on which the F203[chief executive] receives the notice, the resolution shall be considered at that ordinary meeting and a special meeting shall not be convened.

(7) Without prejudice to any other relevant requirements, it is necessary for the passing of a resolution under this section that at least one-third of the total number of members of the local authority concerned vote in favour of the resolution.

(8) A motion to pass a resolution under this section shall be considered before any other business at the meeting, other than—

(a) the election of a Cathaoirleach at any meeting where that office falls to be filled in accordance with Part 5, or

(b) any other business which the elected council or joint body may decide should take precedence.

(9) Where a resolution is duly and lawfully passed under this section, and if and when and in so far as money for its purpose is or has been provided, the F203[chief executive] shall cause the act, matter or thing mentioned in the resolution to be implemented.

(10) A resolution under this section does not apply or extend—

(a) to the performance of any function of a local authority generally,

F205[(aa) to the performance of any function, the doing of any act or the making of any decision under or for the purposes of the Local Government Act 2019,]

(b) to every case or occasion of the performance of any such function or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which any such function is performed,

(c) to every case or occasion of the performance of any such function in a particular area or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which any such function is performed in that area, F206[…]

F207[(d) so as to prevent the performance of any function of a local authority which the authority or the chief executive is required by law or by order of a court to perform,

(e) to any act, matter or thing to be done or effected in the performance of the executive functions of a local authority in respect of its functions as a planning authority under the Planning and Development Act 2000, or

(f) to a decision to provide, to any named person or group, any service, finance or other form of assistance or benefit, financial or otherwise.]

and any resolution claiming to be passed under this section which contravenes this subsection is void.

(11) This section is without prejudice to section 34 of the Act of 2000 insofar as the said section 34 applies to notices under subsection (3) and resolutions referred to in subsection (7).