Local Government Act 2001
Removal of Cathaoirleach or Leas-Chathaoirleach from office.
34.—F56[(1) Subject to this section, a local authority may by resolution remove from office the Cathaoirleach or Leas-Chathaoirleach of such local authority for stated misbehaviour or if his or her removal appears to it to be necessary for the effective performance by the local authority of its functions and such removal may also be for those reasons arising from the performance of his or her duties as chair of the corporate policy group.
(1A) Subject to this section, a local authority may by resolution remove from office the chairperson of any strategic policy committee of such local authority for stated misbehaviour or if his or her removal appears to them to be necessary for the effective performance by the local authority of its functions or by the committee of its functions.]
(2) Notice of the intention to propose a resolution under this section (in this section referred to as a “notice”) shall—
(a) be signed by at least one-third of the total number of members of the local authority concerned,
(b) contain a statement of the reasons for the proposed removal,
(c) specify a day for the holding of a special meeting to consider the proposed removal, being a day which is not less than 21 days after the day on which the notice is delivered under paragraph (d),
(d) be delivered to the meetings administrator, and
F57[(e) be delivered or sent to the Cathaoirleach, Leas-Chathaoirleach or chairperson of the strategic policy committee concerned.]
(3) The meetings administrator shall on receipt of a notice and without delay send a copy of it to every member of the local authority and convene a special meeting for the date so specified to consider the proposed removal.
(4) (a) Such special meeting shall be chaired by a member of the local authority, other than the person the subject of the notice, chosen by the members present at the meeting.
(b) The person the subject of the notice shall at such meeting be afforded an opportunity to make a statement of response in relation to the proposed removal.
F57[(5) It is necessary for the passing of a resolution under this section that the number of members of the local authority concerned voting in favour of the resolution is at least two-thirds of those present and voting.]
Annotations
Amendments:
F56
Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 38(a), S.I. No. 214 of 2014.
F57
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 38(b), (c), S.I. No. 214 of 2014.
Modifications (not altering text):
C19
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 5, in effect as per reg. 3.
Removal of Cathaoirleach or Leas-Chathaoirleach from office.
5. The provisions of section 34 of the Act shall apply to the removal from office of a Cathaoirleach and Leas-Chathaoirleach of municipal district members as if:—
(a) in subsection (1), the references:—
(i) to “a local authority” and “such local authority” were a reference to “municipal district members”, and
(ii) to “the effective performance by the local authority of its functions” were a reference to “the effective performance by the municipal district members of their functions”,
(b) in subsection (2)(a), the reference to “the total number of members of the local authority concerned” were a reference to “the total number of municipal district members concerned”,
(c) in subsection (3), the reference to “every member of the local authority” were a reference to “every municipal district member”,
(d) in subsection (4), the reference to “chaired by a member of the local authority” were a reference to “chaired by a municipal district member”, and
(e) in subsection (5), the reference to “the total number of members of the local authority concerned” were a reference to “the total number of municipal district members concerned”.
Editorial Notes:
E194
Power pursuant to section exercised (1.01.2004) by Athlone Town Boundary Alteration (Supplementary) Order 2003 (S.I. No. 705 of 2003).