Local Government Act 2001

Members’ expenses, remuneration, etc.

142

142.—(1) The Minister may by regulations, made with the consent of the Minister for Finance, provide for the payment by a local authority of allowances for expenses incurred by its members in connection with—

F209[(a) attendance at meetings of

(i) the local authority,

(ii) municipal district members of that authority,

(iii) a committee of that authority, or

(iv) a joint committee or joint body involving that authority;

(b) attendance at conferences, seminars, training or other events to which subsection (5) or (5A) applies;]

(c) the post of chair of a strategic policy committee;

(d) any other specified matter.

(2) Regulations under this section may also provide for—

(a) the payment of remuneration to members or to Cathaoirligh of specified classes of local authorities, or

(b) subject to subsection (4)(i), the making of superannuation arrangements in respect of members of specified classes of local authorities.

(3) Any payments referred to in subsection (1) or (2) are subject to and shall be made in accordance with regulations made under this section.

(4) Regulations under this section may provide for—

(a) an annual amount in respect of remuneration in such cases as may be specified;

(b) a composite annual allowance in respect of attendances at meeting referred to in subsection (1)(a) and at such events or other matters as may be specified;

(c) arrangements to apply as regards the authorisation under subsection (5) by the local authority of attendances to which that subsection applies;

(d) conditions, restrictions or other requirements to apply in relation to allowances, remuneration or superannuation and the making of payments (including the abatement or reduction in whole or in part of allowances or remuneration in specified circumstances or for specified persons in receipt of allowances or remuneration provided by a public authority or otherwise from public funds);

(e) the furnishing of specified information to a local authority for the purposes of this section;

(f) the payment of allowances to persons who are not members of a local authority;

(g) a public register of attendances and payments to which this section and section 143 relate;

F210[(ga) a public register of all attendances and payments to which section 141 relates;]

(h) deductions from payments referred to in subsection (1) or (2) for such matters as may be specified;

(i) the approval of the Minister, given with the consent of the Minister for Finance, to such arrangements for superannuation purposes as may be specified;

(j) the giving of directions from time to time in relation to any matter the subject of such regulations;

(k) any other matters which appear to the Minister to be necessary or expedient for the purposes of this section.

(5)(a) This subsection applies to a conference, seminar F211[] or other meeting or event held, whether within or outside the State, for the purpose of discussing, obtaining or imparting information regarding or connected with any matter that is of concern to the local authority in relation to the performance of its functions and is relevant to its administrative area and to the local community.

(b) An elected council may authorise one or more of its members to represent the authority at a meeting or event to which this subsection applies and such authorisation may, subject to regulations under this section, be given in an individual case or as regards such attendances generally during a particular year.

(c) A local authority may provide in its budget an amount to meet expenditure for the purposes of this subsection.

(d) An elected council shall not authorise under this subsection unless, having had regard to the following matters, it is satisfied that the authorisation is justified by reference to—

(i) the benefits likely to accrue,

(ii) the general interests of its administrative area and the local community, and

(iii) the total cost involved.

(e) An authorisation under this subsection is a reserved function and such authorisations shall not exceed the amount provided for in accordance with paragraph (c).

F212[(f) Where a member of an elected council attends a conference, seminar or other meeting or event held by virtue of an authorisation under this section, he or she shall, within 15 working days of such attendance, submit to the Cathaoirleach a written report, which shall indicate the nature of the meeting and contain a summary of the proceedings, and the Cathaoirleach shall submit the report to the next ordinary meeting of the local authority.

(fa) A report prepared for the purposes of paragraph (f) shall be made available free of charge by the local authority to any member of the public who so requests and for that purpose may be made available by that authority on its internet website.

(g) Without prejudice to paragraphs (a) to (fa), the Minister may issue general guidelines for the purposes of this subsection, including guidelines as to expenditure in relation to attendance at conferences, seminars or other meetings or events.]

F213[(5A)(a) This subsection applies to training regarding or connected with any matter that is of concern to the local authority in relation to the performance of its functions and is relevant to its administrative area and to the local community.

(b) An elected council may authorise one or more of its members to avail of training or attend training events to which this subsection applies and such authorisation may, subject to regulations under this section, be given in an individual case or as regards such attendances generally during a particular year.

(c) A local authority may provide in its budget an amount to meet expenditure for the purposes of this subsection.

(d) An elected council shall not authorise under this subsection unless, having had regard to the following matters, it is satisfied that the authorisation is justified having particular regard to any training referred to in guidelines issued in accordance with paragraph (f) and having regard to

(i) the benefits likely to accrue,

(ii) the general interests of its administrative area and the local community, and

(iii) the total cost involved.

(e) An authorisation under this subsection is a reserved function and such authorisations shall not exceed the amount provided for in accordance with paragraph (c).

(f) Without prejudice to paragraphs (a) to (e), the Minister may issue general guidelines for the purposes of this subsection, including guidelines as to the syllabus of a training programme, the development of a training programme, the nomination of training by specified bodies, either generally or in respect of specified courses, as suitable for inclusion in a training programme and expenditure in relation to attendance at specified training events.

(g) The Minister may make regulations

(i) requiring attendance within a specified period by members of local authorities, or any class of such members, at training or development courses (otherwise than at his or her own expense) of a type necessary or appropriate for the members to attend so as to enable each such member to discharge his or her duties as a member of the local authority, joint board, committee of a local authority or member of another body to which section 141(1) relates, as the case may be,

(ii) providing for a reduction in remuneration or any allowances for expenses (including the amount of such reduction expressed as a percentage of specified remuneration or allowances for expenses, as the case may be) which would otherwise be payable to a member of a local authority by virtue of regulations under this section where such member fails to attend training or development courses which he or she is required to attend under regulations to which subparagraph (i) relates, and

(iii) providing for exceptional or compassionate grounds (either generally or by reference to specified types of circumstances) where a reduction to which subparagraph (ii) relates would not apply.]

F214[(6) A local authority shall comply with any guidelines issued under subsections (5) (g) and (5A)(f).]

(7) A local authority of a class specified for the purposes of subsection (2) may, in relation to its members or a class or classes of its members and subject to regulations under this section, make provision in relation to the superannuation of its members or in relation to the superannuation of a class or classes of its members.

(8) Regulations made under section 51 of the Local Government Act, 1991, and in force at the commencement of this provision shall continue in force and have effect as if made under this section and may be amended or revoked accordingly.

Annotations

Amendments:

F209

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(a), S.I. No. 214 of 2014.

F210

Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(b), S.I. No. 214 of 2014.

F211

Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(c), S.I. No. 214 of 2014.

F212

Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(c), S.I. No. 214 of 2014.

F213

Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(d), S.I. No. 214 of 2014.

F214

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(e), S.I. No. 214 of 2014.

Editorial Notes:

E257

Power pursuant to section exercised (13.09.2023) by Local Government Act 2001 (Section 142) (Security Allowance for Local Authority Members) Regulations 2023 (S.I. No. 449 of 2023), in effect as per reg. 2.

E258

Power pursuant to section exercised (10.08.2023) by Local Government Act 2001 (Section 142) (Allowance for Maternity - Related Administrative Support) Regulations 2023 (S.I. No. 404 of 2023), in effect as per reg. 2.

E259

Power pursuant to section exercised (1.07.2021) by Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021), in effect as per reg. 2.

E260

Power pursuant to section exercised (1.07.2021) by Local Government (Remuneration of Local Authority Members) Regulations 2021 (S.I. No. 312 of 2021), in effect as per reg. 2.

E261

Previous affecting provision: power pursuant to section exercised (10.11.2017) by Local Government (Expenses of Local Authority Members) (Amendment) Regulations 2017 (S.I. No. 494 of 2017); revoked (1.07.2021) by Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021), reg. 18, in effect as per reg. 2.

E262

Previous affecting provision: power pursuant to section exercised (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), in effect as per reg. 3; revoked (1.07.2021) by Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021), reg. 18, in effect as per reg. 2.

E263

Previous affecting provision: power pursuant to section exercised (1.06.2014) by Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014), in effect as per reg. 3; revoked (1.07.2021) by Local Government (Remuneration of Local Authority Members) Regulations 2021 (S.I. No. 312 of 2021), reg. 10, in effect as per reg. 2.

E264

Power pursuant to section exercised (6.06.2002) by Local Authority Members (Gratuity) Regulations 2002 (S.I. No. 281 of 2002), as amended (23.07.2002) by Local Authority Members (Gratuity) (Amendment) Regulations 2002 (S.I. No. 378 of 2002), and as amended (11.07.2003) by Local Authority Members (Gratuity) (Amendment) Regulations 2003 (S.I. No. 302 of 2003), and as amended (19.12.2006) by Local Authority Members (Gratuity) (Amendment) Regulations 2006 (S.I. No. 674 of 2006).

E265

Previous affecting provision: power pursuant to section exercised (1.01.2002) by Local Government (Representational Payment For Members) Regulations 2001 (S.I. No. 552 of 2001), as amended (6.06.2002) by Local Authority Members (Gratuity) Regulations 2002 (S.I. No. 281 of 2002), reg. 2 and as amended (1.06.2014) by Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014), in effect as per reg. 3; revoked (1.07.2021) by Local Government (Remuneration of Local Authority Members) Regulations 2021 (S.I. No. 312 of 2021), reg. 10, in effect as per reg. 2.

E266

Previous affecting provision: power pursuant to section exercised (5.02.2010) by Local Government Act 2001 (Section 142) Regulations 2010 (S.I. No. 37 of 2010); revoked (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), reg. 18, in effect as per reg. 3.

E267

Previous affecting provision: power pursuant to section exercised (1.01.2007) by Local Government (Expenses of Local Authority Members) Regulations 2006 (S.I. No. 668 of 2006); revoked (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), reg. 18, in effect as per reg. 3.