Planning and Development Act 2000
Supplemental provisions relating to sections 147 and 148.
149.—(1) Proceedings for an offence under section 147 or 148 shall not be instituted except by or with the consent of the Director of Public Prosecutions.
(2) Where a person is convicted of an offence under section 147 or 148—
(a) the person shall be disqualified from being a member of the Board,
(b) in case the person is a member of the Board, he or she shall on conviction accordingly cease to be a member of the Board,
(c) in case the person is a member of a planning authority or a member of any committee of a planning authority, he or she shall on conviction cease to be a member of the authority or the committee, as may be appropriate,
(d) in case the person is a member of both a planning authority and any one or more such committees, he or she shall on conviction cease to be a member of both the authority and every such committee, and
(e) in case the person by virtue of this subsection ceases to be a member of a planning authority or any such committee, he or she shall be disqualified for being a member of the authority or committee during the period which, but for the cessation of his or her membership of the authority or committee under this section, would be the remainder of his or her term.
(3) A disqualification under this section shall take effect on the expiry of the ordinary time for appeal from the conviction concerned or if an appeal is brought within that time, upon the final disposal of that appeal.
(4) In case a person contravenes or fails to comply with a requirement of section 147, 148 or 150, or acts as a member of the Board, a planning authority or committee of a planning authority while disqualified for membership by virtue of this section, the fact of the contravention or failure or of his or her so acting, as the case may be, shall not invalidate any act or proceeding of the Board, authority or committee.
(5) Where any body which is a company within the meaning of section 155 of the Companies Act, 1963, is deemed under that section to be a subsidiary of another or to be another such company’s holding company, a person who is a member of the first-mentioned such company shall, for the purposes of sections 147 and 148 be deemed also to be a member of the other company.