Local Government Act 2001

Application of Ethics in Public Office Act, 1995, etc.

180

180.—(1) In this section “the Acts” means the Ethics in Public Office Act, 1995, and any other Act which is to be construed together as one with that Act.

(2) The Acts shall apply in relation to a local authority subject to the provisions of this section and with such other modifications as may be necessary and for that purpose—

(a) the powers of investigation and report conferred on the Commission apply in relation to a person to whom subsection (1) or (2) of section 167 relates,

(b) subsection (3) shall apply as regards a report prepared by the Commission,

(c) subsection (4) shall apply as regards the consideration of such report by a local authority.

(3)(a) Where a report prepared by the Commission relates to—

F244[(i) a chief executive, it shall be furnished to the Cathaoirleach of the local authority concerned,]

(ii) the Cathaoirleach of a local authority, it shall be furnished to the Leas-Chathaoirleach of the authority and to its F244[chief executive],

(iii) any other member of a local authority, it shall be furnished to the Cathaoirleach of the authority and to its F244[chief executive],

(iv) any employee of a local authority other than the F244[chief executive], it shall be furnished to the F244[chief executive] of the local authority concerned, and

(v) any other person to whom subsection (1) or (2) of section 167 relates, it shall be furnished to the F244[chief executive] of the local authority concerned.

(b) Nothing in this subsection shall be read so as to prevent the furnishing of a report referred to in paragraph (a) to any other person in accordance with the Acts.

(4)(a) Where a report referred to in subparagraph (i), (ii) or (iii) of subsection (3)(a) is furnished to a local authority, it shall be considered by the elected council. The elected council shall decide on such action to be taken as may be considered appropriate in all the circumstances including, in the case of subparagraph (i) of subsection (3)(a), the exercise of powers of suspension or removal pursuant to section 146.

(b) Where a report referred to in subparagraph (iv) or (v) of subsection (3)(a) is furnished to a local authority it shall be considered by its F244[chief executive]. The F244[chief executive] shall decide on such action to be taken as may be considered appropriate in all the circumstances including, in the case of an employee, suspension with or without pay or termination of employment.

(c) The F244[chief executive] shall inform the elected council of the result of a consideration under paragraph (b).

(5) Nothing in this section shall be read as prejudicing the Commission in carrying out the functions conferred on it by the Acts.

Annotations

Amendments:

F244

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 147-153, S.I. No. 214 of 2014.