Local Government Act 2001
Offence to act when disqualified.
15.—(1) A person is guilty of an offence if he or she knowingly acts as a member of a local authority when disqualified, or knowingly votes when prohibited by or under any enactment.
F26[(1A) Subsection (1) applies to a member of a local authority in performing functions as a municipal district member in the same manner as it applies to a member of a local authority in performing functions as a member of a local authority or a member of the council of a local authority.]
(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding £1,500 for each such offence.
(3) An offence under this section may be prosecuted by a local government elector or a local authority.
(4) This section is without prejudice to any other disqualification or penalty arising out of the actions of the person concerned.
Annotations
Amendments:
F26
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 22, S.I. No. 214 of 2014.
Modifications (not altering text):
C18
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. 3, 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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3 |
Section 15 |
Section shall apply as if the following subsection were inserted after subsection (1A): “(1B) A person is guilty of an offence if he or she performs or purports to perform any of the functions of the Mayor of Limerick when knowing himself or herself to be disqualified from holding that office in accordance with section 13 or 13A.”. |
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Editorial Notes:
E102
A fine of £1,500 converted (1.01.1999) to €1,904.60. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.