Local Government Act 2001
F236[Executive functions
149.—(1) In this section—
"elected council" includes the members of a joint body;
"local authority" includes a joint body.
(2) In respect of each local authority for which he or she is chief executive, a chief executive is responsible for—
(a) the efficient and effective operation of each such local authority, and
(b) for ensuring under section 132 the implementation without undue delay of the decisions of the elected council.
(3) For the purposes of discharging the responsibilities set out under subsection (2), the chief executive shall—
(a) exercise and perform in respect of each local authority for which he or she is the chief executive, the executive functions of such local authority (including all functions in relation to the employees of each such local authority), and
(b) for that purpose carry on and manage and control generally the administration and business of the authority.
(4) Every function of a local authority which is not a reserved function is, for the purposes of this Act, an executive function of such local authority.
(5) All such matters and things, including the making of contracts and the affixing of the official seal, as are necessary for or incidental to the exercise or performance of the executive functions of a local authority shall, subject to this Act or any regulations made under it, be done by the chief executive for such local authority.
(6) Subject to law, the functions of a chief executive shall be performed in accordance with the policy of the local authority as determined by the elected council in accordance with Chapter 1 of this Part.
(7) The chief executive, in performing his or her functions in accordance with subsection (6), shall have regard to the views of the elected members of the council, expressed in any of the following ways:
(a) at a meeting of the council;
(b) at a meeting of the municipal district members;
(c) at a meeting of any committee of the council;
(d) in responses in writing to any request for input to the development by the local authority of a new policy or an amendment of an existing policy.
(8) The chief executive shall, when requested by the elected council—
(a) report on the actions already taken and planned to be taken in exercise of his or her executive functions,
(b) review the implementation of, and any actions planned to implement, any executive function and report to the council in the matter.]
Annotations
Amendments:
F236
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):
C128
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. 23, 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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23 |
Section 149 |
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— (a) in subsection (2)— (i) “The Mayor of Limerick is responsible for” were substituted for “In respect of each local authority for which he or she is chief executive, a chief executive is responsible for”, and (ii) “Limerick City and County Council” were substituted for “each such local authority” in paragraph (a), (b) the following subsection were substituted for subsection (3): “(3) For the purposes of discharging the responsibilities set out under subsection (2), the Mayor of Limerick shall— (a) exercise and perform the executive functions of Limerick City and County Council, and (b) for that purpose carry on and manage and control generally the administration and business of that local authority.”, (c) the following subsection were substituted for subsection (5): “(5) All such matters and things, including the making of contracts and the affixing of the official seal, as are necessary for or incidental to the exercise or performance of the executive functions of Limerick City and County Council shall, subject to this Act or any regulations made under it, be done by the Mayor of Limerick.”, (d) the following subsection were substituted for subsection (6): “(6) Subject to law, the executive functions of the Mayor of Limerick shall be performed in accordance with the policy of Limerick City and County Council as determined by the elected council in accordance with Chapter 1 of this Part.”, (e) in subsection (7), “The Mayor of Limerick” were substituted for “The chief executive”, and (f) in subsection (8), “The Mayor of Limerick” were substituted for “The chief executive”. |
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C129
Functions under section 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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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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