Local Government Act 2001
Prior information to elected council.
138.—(1) The F214[chief executive] shall inform the elected council or joint body concerned—
(a) before any works (other than works of maintenance or repair) of the local authority or joint body concerned are undertaken, or
(b) before committing the local authority or joint body concerned to any expenditure in connection with proposed works (other than works of maintenance or repair).
(2) Subject to this section, an elected council or joint body may by resolution direct that, before the F214[chief executive] performs any specified executive function of the local authority or joint body, he or she shall inform the elected council or joint body, as the case may be, of the manner in which he or she proposes to perform that function, and the F214[chief executive] shall comply with the resolution.
(3) A resolution under subsection (2) may relate to any particular case or occasion or to every case or occasion of the performance of the specified executive function and may define what information is to be given and how and when it is to be given and the F214[chief executive] shall comply with the resolution.
(4) Nothing in this section prevents the F214[chief executive] from dealing immediately with any situation which he or she considers is an emergency situation calling for immediate action without regard to subsections (1) to (3).
(5) Without prejudice to the generality of subsection (4), an emergency situation for the purpose of that subsection shall be deemed to include a situation where, in the opinion of the F214[chief executive], the works concerned are urgent and necessary (having regard to personal health, public health or safety considerations) in order to provide a reasonable standard of accommodation for any person.
Annotations
Amendments:
F214
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 97-101, S.I. No. 214 of 2014.
Modifications (not altering text):
C99
Prospective affecting provision: application of section restricted by Planning and Development Act 2024 (34/2024), ss. 153(3), 161(3), not commenced as of date of revision.
Local authority development requiring public notice.
153. ...
(3) Sections 138, 139 and 140 of the Act of 2001 shall not apply to local authority development of a class prescribed under subsection (1).
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Local authority housing development.
161. ...
(3) Sections 138, 139 and 140 of the Local Government Act 2001 shall not apply in respect of local authority housing development.
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C100
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. 19, 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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... |
... |
... |
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19 |
Section 138 |
Section shall, in addition to its applying in respect of the functions of the director general, apply in respect of the functions of the Mayor as if “Mayor of Limerick” were substituted for “chief executive” in each place that it occurs. |
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C101
Functions under section transferred and references construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 26 and sch. 1 part 2, S.I. No. 207 of 2024, subject to transitional provisions in s. 4.
Director general
26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.
(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
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SCHEDULE 1
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PART 2
Enactments for Purposes of Sections 10 and 26
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Number and Year (1) |
Short Title (2) |
Provision (3) |
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... |
... |
... |
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No. 37 of 2001 |
Local Government Act 2001 |
Sections 11(8), 28, 46, 52(5)(d) and (9), 81, 86, 97, 98, 99, 104, 107, 108, 109(5) and (6), 110(6), (9) and (10), 112, 120, 121, 122, 126D(7), 126E(1), 128A, 128D, 128E(2), 129I(5), 129M, 129N, 129O, 129P, 129Q, 129R, 129T, 132, 138, 140, 144(3)(a) and (8), 145, 146, 147, 148, 149, 149A, 151, 152, 153, 158, 160(3) and (4), 166, 167(1)(c), 173(1), 174(8), 178(1), (2), (4) and (5), 179, 180(4)(b) and (c), 211B, 211C, 211D, 211E and 211F, 214(3), (4) and (5), 229; paragraphs 13(6) and 15(4) of Schedule 10. |
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C102
Application of section restricted (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 17(5), S.I. No. 207 of 2024.
Membership of council
17. ...
(5) The Mayor shall not have a vote in relation to a motion or resolution under Part 7 or under section 132, 138, 139 or 140 of the Principal Act (as modified by this Act).
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C103
Application of section restricted (8.03.2023) by Planning and Development Act 2000 (30/2000), s. 179A(4) as inserted by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 14, S.I. No. 107 of 2023, art. 2.
[Local authority own housing development
179A. ...
(4) Sections 138, 139 and 140 of the Local Government Act 2001 shall not apply in respect of development to which this section applies.
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