Local Government Act 2001
Position of chief executive
144.— (1) For every county, city and city and county there shall be a chief executive to be known as "the Chief Executive of....…" (followed by the name of the city council, county council or city and county council, as the case may be) who shall hold employment under the council concerned.
(2) Subject to section 16 of the Local Government Reform Act 2014, a person who was, immediately before the 2014 establishment day, a county manager or city manager shall, unless he or she was retiring or resigning with effect from the end of that day, continue in office and shall be referred to in accordance with subsection (1).
(3)(a) A reference in any enactment, however expressed, to a county manager or city manager shall, with effect to the 2014 establishment day, be read (other than in respect of a provision that was spent before that day or is in the nature of a transitional matter provided for by the Local Government Reform Act 2014) as a corresponding reference to a chief executive and, where the context permits or requires, includes a reference to the chief executive of a city and county council.
(b) Paragraph (a) does not apply to—
(i) the title of any Act,
(ii) the citation of an instrument made under any Act, or
(iii) the name of any organisation or body referred to in any enactment.
(4) Any function which immediately before the date of the commencement of section 54 of the Local Government Reform Act 2014 was, by virtue of any enactment a function of a city manager or a county manager shall, on and from that date, continue to vest in and be a function of the chief executive of the local authority concerned.
(5) The chief executive of a local authority shall by virtue of his or her position be the chief executive for every joint body whose functional area is wholly situated within such county.
(6) Where the functional area of a joint body extends into—
(a) two or more counties, or
(b) a city or a city and county and one or more counties,
then the chief executive of such county, city or city and county as the Minister shall by order appoint shall also be the chief executive for such joint body.
(7) The Minister may prescribe by regulations any body to be a joint body and any body so prescribed shall be a joint body for the purposes of this section.
(8) The position of chief executive is, subject to section 145, an office to which the Local Authorities (Officers and Employees) Act 1926, applies.]
Annotations
Amendments:
F229
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 54(1), S.I. No. 214 of 2014.
Modifications (not altering text):
C119
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. 22, 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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22 |
Section 144 |
Section shall apply as if— (a) in subsection (1), “Subject to section 26 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024, for every” were substituted for “For every”, (b) in paragraph (a) of subsection (3), “the Mayor of Limerick or the director general of Limerick City and County Council, as may be appropriate” were substituted for— (i) “a chief executive”, and (ii) “the chief executive of a city and county council”, and (c) in subsection (4), “or, in the case of Limerick City and County Council, the Mayor of Limerick or the director general of Limerick City and County Council in accordance with section 10 or 26, as the case may be, of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024” were inserted after “local authority concerned”. |
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C120
Functions transferred and references construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 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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C121
Certain offices created under section abolished (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 16(5), S.I. No. 214 of 2014.
Provisions relating to management of amalgamated local government areas
16. ...
(5) On the 2014 establishment day each of the following shall be abolished and cease to exist:
(a) the office of manager for Limerick County and Limerick City and the office of manager for North Tipperary County and South Tipperary County created by paragraphs (a) and (b), respectively, of section 144(1A) (inserted by the Local Government (Miscellaneous Provisions) Act 2012) of the Principal Act, and
(b) the office of manager for Waterford County and Waterford City created by section 144(1A)(c) (inserted by the Electoral, Local Government and Planning and Development Act 2013) of the Principal Act.
Editorial Notes:
E283
Existing managers of Limerick County and City, North and South Tipperary and Waterford County and City continued as chief executives under Part 14 Chapter 2 (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 16(2)-(4), S.I. No. 214 of 2014.
E284
Previous affecting provision: subs. (1A)(c) inserted (2.01.2014) by Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 29, S.I. No. 584 of 2013; section substituted as per F-note above.
E285
Previous affecting provision: power pursuant to subs. (1B) exercised (2.01.2014) by Local Government Act 2001 (Specified Council) (Waterford) Order 2013 (S.I. No. 582 of 2013), in effect as per art. 2; ceased on deletion of its enabling provision as per F-note above, subject to continuation as necessary by Local Government Law Reform Act 2014 (1/2014), s. 2(1), commenced (30.01.2014) by S.I. No. 38 of 2014.
E286
Previous affecting provision: subss. (1A)(b) inserted (16.11.2013) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 16(b), S.I. No. 431 of 2013; section substituted as per F-note above.
E287
Previous affecting provision: power pursuant to subs. (1B) exercised (16.11.2013) by Local Government Act 2001 (Specified Council) (Tipperary) Order 2013 (S.I. No. 430 of 2013); ceased on deletion of its enabling provision as per F-note above, subject to continuation as necessary by Local Government Law Reform Act 2014 (1/2014), s. 2(1), commenced (30.01.2014) by S.I. No. 38 of 2014.
E288
Previous affecting provision: subs. (1) substituted (15.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 16(a), S.I. No. 292 of 2012; section substituted as per F-note above.
E289
Previous affecting provision: subss. (1A)(a) and (1B) inserted (15.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 16(b), S.I. No. 292 of 2012; section substituted as per F-note above.
E290
Previous affecting provision: power pursuant to subs. (1B) exercised (15.08.2012) by Local Government Act 2001 (Specified Council) (Limerick) Order 2012 (S.I. No. 271 of 2012); ceased on deletion of its enabling provision as per F-note above, subject to continuation as necessary by Local Government Law Reform Act 2014 (1/2014), s. 2(1), commenced (30.01.2014) by S.I. No. 38 of 2014.