Local Government Act 2001

F214 [ Deputy chief executive

148

148 . (1)(a) A chief executive, following consultation with the Cathaoirleach of the local authority concerned may by order appoint an employee of that authority to be a deputy chief executive for the purposes of subsection (2) and may at any time terminate such appointment.

(b) An order under paragraph (a) may provide that where an appointee specified in the order is not available such other employee as may be so specified shall stand appointed as deputy chief executive for so long as the first-mentioned appointee is unavailable.

(c) An appointment under this subsection may be made by reference to a particular individual or to the holder for the time being of a particular employment.

(2) A deputy chief executive shall by virtue of this section act as and be the chief executive for the duration of any period which may arise from time to time (whether by way of vacation, illness or other reason) during which the chief executive is temporarily unable to act.

(3)(a) Where a chief executive has for any reason become temporarily unable to act and

(i) has not made an appointment under subsection (1),

(ii) there is no subsisting appointment, or

(iii) the appointee is incapacitated or otherwise unable to act,

the Cathaoirleach of the local authority concerned may appoint an employee of the local authority to be deputy chief executive for the remainder of the duration of the inability of the chief executive to act and may at any time terminate such appointment.

(b) Notification of an appointment under subsection (1) or (3) shall be sent to the Minister and every member of every local authority concerned as soon as may be after the appointment is made.

(4)(a) The Minister may appoint an employee of a local authority to be deputy chief executive if a chief executive is for any reason temporarily unable to act and an appointment under subsection (1)or (3) is not for the time being in force.

(b) The Minister may at any time terminate an appointment to which paragraph (a) applies.

(5) A deputy chief executive shall act as and be the chief executive during the continuance of the inability of the chief executive to act or until

(a) the appointment is sooner terminated under subsection (1), (3) or (4), or

(b) on account of the death, retirement, resignation or inability otherwise to act, of the deputy chief executive.

(6) A reference in any enactment including this Act to a chief executive shall be read as including a deputy chief executive acting as chief executive in accordance with this section. ]

Annotations:

Amendments:

F214

Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 54(1), S.I. No. 214 of 2014.

Editorial Notes:

E270

Previous affecting provision: subs. (1)(a) substituted, subs. (3)(a) amended and subs. (3A) inserted (15.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 18, S.I. No. 292 of 2012; section substituted as per F-note above.