Local Government Act 2001

128C

F165[Membership of Local Community Development Committees

128C. (1) Subject to and in accordance with any regulations made, or general policy guidelines issued, by the Minister for the purposes of this section, the membership of a Committee shall comprise partly of persons who are and partly of persons who are not members of the local authority concerned.

(2) For the purposes of subsection (1), the Committee shall include

(a) members of the local authority,

(b) the chief executive of the local authority or such other person employed by, or seconded to, the local authority (either by name or by reference to the person for the time being holding or exercising the functions of a particular post in that authority) standing nominated for the time being by the chief executive,

(c) representatives of public authorities having responsibility for the provision of services to or within, the area of the Committee,

(d) representatives of local community interests,

(e) individuals acting in a private capacity who are or have been members or otherwise associated with any body (however described) of a type referred to in the definition of "local community representatives" in section 128A,

(f) representatives of publicly funded or supported local development bodies concerned with promoting the interests of local communities, and

(g) such other persons or bodies (if any) as may be provided for by such regulations made, or general policy guidelines issued, by the Minister under section 128E.

(3)(a) The chief officer of the Committee shall, in consultation with the Corporate Policy Group, seek and select nominees to the Committee, from time to time, in accordance with subsection (2) and any regulations made, or general policy guidelines issued, by the Minister for that purpose, and shall submit a list of recommended nominees to the members of the local authority for their consideration.

(b) The nominees shall be appointed to the Committee, without omission or addition, by resolution of the local authority.

(c) If the recommended nominees have not been appointed in accordance with paragraph (b) either because

(i) the local authority did not pass the resolution concerned on any of the 2 days upon which it has met after submission of the list of recommended nominees under paragraph (a), or

(ii) 60 days have elapsed since submission under paragraph (a) of the list of nominees,

then the recommended nominees shall be deemed to have been appointed on the day following the last day to which subparagraph (i) or (ii) relates, whichever first occurs.

(4) The members of a Committee shall elect one of their number to be the chairperson.]

Annotations

Amendments:

F165

Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 36(2), S.I. No. 214 of 2014.

Modifications (not altering text):

C82

Section applied with modifications (14.06.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 5 and sch. 3 ref. no. 14, S.I. No. 285 of 2024, subject to transitional provisions in s. 4.

Application of Principal Act to Limerick

5. The Principal Act shall apply to—

(a) Limerick, and

(b) Limerick City and County Council,

subject to the modifications specified in Schedule 3 and any other necessary modifications.

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SCHEDULE 3

APPLICATION OF PRINCIPAL ACT TO LIMERICK

Reference Number

(1)

Provision

(2)

Extent of Modification

(3)

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14

Section 128C

Section shall apply as if the following were substituted for paragraph (b) of subsection (2):

“(b) the Mayor of Limerick or such other person employed by, or seconded to, Limerick City and County Council (either by name or by reference to the person for the time being holding or exercising the functions of a particular post in that authority) standing nominated for the time being by the director general of Limerick City and County Council, following consultation with the Mayor of Limerick,”.

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Editorial Notes:

E251

Timeframes for submission of list of recommended nominees and convening of first meeting following appointment of nominees in accordance with subs. (3) prescribed (1.06.2014) by Local Community Development Committee (Section 128E) Regulations 2014 (S.I. No. 234 of 2014), reg. 4, in effect as per reg. 2.