Local Government Act 2001
Furnishing of information to elected council.
F212[136.—(1) Without prejudice to section 105, 135, 137 or 138, where relevant, a chief executive shall, whenever requested—
(a) by an elected council of a local authority for which he or she is the chief executive or by its Cathaoirleach,
(b) by municipal district members of a local authority for which he or she is the chief executive or by the Cathaoirleach of a municipal district,
(c) by a strategic policy committee of a local authority for which he or she is the chief executive or by its chairperson,
(d) by a local community development committee of a local authority for which he or she is the chief executive or by its chairperson, or
(e) by a joint body for which he or she is the chief executive, or by its chairperson,
afford to the council, municipal district members, Cathaoirleach, committee, chairperson or joint body concerned (as the case may be) all information that may be in the possession or procurement of such chief executive in regard to any act, matter or thing relating to or concerning any business or transaction of such local authority, municipal district members, committee or joint body (as the case may be) which is mentioned in the request.
(2) Subject to subsections (3) and (4), on or before the seventh day of each month, or such other date in each month set by resolution of the council, the chief executive shall prepare a report, to be known as the management report, in relation to the performance of his or her executive functions during the preceding calendar month, including implementation of policy or other matters required by the council in the exercise of its reserved functions, and the provision of services by the council, and shall on the set day furnish a copy of the management report to each member of the local authority.
(3) The Minister may prescribe by regulations—
(a) the form and content of the management report,
(b) the co-ordination of the management report with such other reporting requirements in this or in any other enactment as may be so prescribed,
(c) the provision for certain elements of the management report, including information provided pursuant to subsection (5), being reported on a quarterly basis or such other basis as may be specified.
(4) The Minister may issue general policy guidelines for the purposes of subsections (2), (3) and (5) and local authorities shall comply with any such guidelines.
(5) Without prejudice to the generality of subsections (3) and (4) and the requirements of section 126D in respect of any report which the local authority is the subject of, the management report shall include information on the steps taken in relation to any relevant report of the National Oversight and Audit Commission.
(6) In respect of management reports not considered at a meeting of the local authority, such reports shall be on the agenda of the next appropriate meeting of the local authority for consideration.
(7) In this section "quarterly basis" means a period of 3 consecutive months ending on 31 March, 30 June, 30 September or 31 December in any year.]
Annotations
Amendments:
F212
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 51, S.I. No. 214 of 2014.
Modifications (not altering text):
C98
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. 18, 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
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Reference Number (1) |
Provision (2) |
Extent of Modification (3) |
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Section 136 |
Section shall apply as if— (a) in subsection (1)— (i) “the Mayor of Limerick or director general of Limerick City and County Council” were substituted for “a chief executive” where it first occurs, (ii) the following paragraph were substituted for paragraph (a): “(a) by the elected council, or the Príomh Chomhairleoir of Limerick City and County Council,”, (iii) “Limerick City and County Council” were substituted for “a local authority for which he or she is the chief executive” in paragraph (b), (iv) “Limerick City and County Council” were substituted for “a local authority for which he or she is the chief executive” in paragraph (c), (v) “Limerick City and County Council” were substituted for “a local authority for which he or she is the chief executive” in paragraph (d), (vi) “the Mayor of Limerick or the director general of Limerick City and County Council” were substituted for “he or she” in paragraph (e), (vii) “council, municipal district members, Príomh Chomhairleoir of Limerick City and County Council, Cathaoirleach, committee, chairperson or joint body concerned (as the case may be)” were substituted for “council, municipal district members, Cathaoirleach, committee, chairperson or joint body concerned (as the case may be)”, and (viii) “the Mayor of Limerick or the director general of Limerick City and County Council” were substituted for “such chief executive”, (b) in subsection (2), “the director general of Limerick City and County Council shall prepare” were substituted for “the chief executive shall prepare”, (c) the following subsection were inserted after subsection (2): “(2A) Subject to subsections (3) and (4), on or before the seventh day of each month, or such other date in each month set by resolution of the council, the Mayor shall prepare a report, to be known as the Mayoral report, in relation to the performance of his or her executive functions during the preceding calendar month, including implementation of policy or other matters required by the council in the exercise of its reserved functions, and the provision of services by the council, and shall on the set day furnish a copy of the Mayoral report to each member of Limerick City and County Council.”, (d) in subsection (3), “and Mayoral report” were inserted after “management report” in each place that it occurs, (e) in subsection (5), “and Mayoral report” were inserted after “management report”, and (f) in subsection (6), “and Mayoral reports” were inserted after “management reports”. |
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Editorial Notes:
E259
Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 94 provides for the substitution of “chief executive” for “manager”. This amendment is obsolete as the entire section has been substituted by Local Government Reform Act 2014 (1/2014), s. 51, as per F-note above.