Local Government Act 2001
Manager acting by signed order.
151.—(1) The F238[chief executive] shall in carrying out the executive functions for each local authority for which he or she is F238[chief executive] act by a written order signed and dated by him or her in respect of the functions to which this section applies.
(2) This section applies to every executive function which—
(a) is required by this or any other enactment to be done by order of a F238[chief executive],
(b) is mentioned in Schedule 15,
(c) is designated by order made by the Minister under subsection (9), or
(d) is considered by the F238[chief executive] to be of sufficient importance to be done by order.
(3) Every F238[chief executive] shall keep, in respect of each local authority for which he or she is F238[chief executive], a register in which is entered a copy of every order made by him or her in accordance with this section for such local authority.
(4) At every meeting of a local authority, there shall be available for inspection by the elected council so much of the register referred to in subsection (3) as contains any orders made by the F238[chief executive] since the last previous meeting of the local authority.
(5) Any member of a local authority is entitled on request to be furnished by the F238[chief executive] for the local authority with a copy of a particular order made by the F238[chief executive].
(6) Every document claiming to be an order made and signed by a F238[chief executive] shall—
(a) be received in evidence without proof of the signature of the person claiming to sign such document or that such person was such F238[chief executive], and
(b) until the contrary is proved, be deemed to be an order duly made and signed by such F238[chief executive] in accordance with this section and to have been so signed on the date stated in that document.
F239[(7) Every document claiming to be certified in writing—
(a) by a chief executive to be a true copy of an order made by a chief executive in accordance with this section, or
(b) by a delegated employee in accordance with section 154 to be a true copy of an order made by a delegated employee in accordance with that section,
shall—
(i) be received in evidence without proof of the signature of the person claiming so to certify or that such person was such chief executive or such delegated employee, as the case may be, and
(ii) until the contrary is proved, be deemed to be evidence of the contents of the order of which it claims to be a copy and of the fact that such order was duly made and signed by such chief executive in accordance with this section or by such delegated employee in accordance with section 154, as the case may be, on the date stated in the certified copy.]
(8) The failure or omission to act by signed order in accordance with this section does not of itself operate to invalidate any action or decision taken by a F238[chief executive] or a local authority.
(9) The Minister may by order designate an executive function to be a function to which this section applies.
(10) Subject to the provisions of any other enactment, nothing in this section shall be read as precluding the revocation or amendment of an order made by a F238[chief executive] by a subsequent such order.
(11) Nothing in Schedule 15 shall be read as prejudicing the functions conferred on an elected council by this Act.
Annotations
Amendments:
F238
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 109-118, S.I. No. 214 of 2014.
F239
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 55, S.I. No. 214 of 2014.
Modifications (not altering text):
C131
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. 24, 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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24 |
Section 151 |
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 (1)— (i) “Mayor of Limerick” were substituted for “chief executive” where it first occurs, and (ii) “Limerick City and County Council” were substituted for “each local authority for which he or she is chief executive”, (b) in subsection (2)— (i) “the Mayor of Limerick” were substituted for “a chief executive” in paragraph (a), and (ii) “the Mayor of Limerick” were substituted for “the chief executive” in paragraph (d), (c) in subsection (3)— (i) “The Mayor of Limerick” were substituted for “Every chief executive”, (ii) “Limerick City and County Council” were substituted for “each local authority for which he or she is chief executive”, and (iii) “Limerick City and County Council” were substituted for “such local authority”, (d) in subsection (4)— (i) “Limerick City and County Council” were substituted for “a local authority”, (ii) “Mayor of Limerick” were substituted for “chief executive”, and (iii) “Limerick City and County Council” were substituted for “the local authority”, (e) in subsection (5)— (i) “Limerick City and County Council” were substituted for “a local authority”, (ii) “Mayor of Limerick” were substituted for “chief executive for the local authority”, and (iii) “by the Mayor of Limerick” were substituted for “by the chief executive”, (f) in subsection (6)— (i) “the Mayor of Limerick” were substituted for “a chief executive”, and (ii) “the Mayor of Limerick” were substituted for “such chief executive” in each place that it occurs, (g) in subsection (7)— (i) “the Mayor of Limerick” were substituted for “a chief executive” in each place that it occurs, and (ii) “the Mayor of Limerick” were substituted for “such chief executive” in each place that it occurs, (h) in subsection (8), “the Mayor of Limerick or Limerick City and County Council” were substituted for “a chief executive or a local authority”, and (i) in subsection (10), “the Mayor of Limerick” were substituted for “a chief executive”. |
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C132
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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Editorial Notes:
E305
Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 116 provides for the substitution of “chief executive” for “manager” in subs. (7). This amendment is obsolete as subs. (7) has been substituted by Local Government Reform Act 2014 (1/2014), s. 55, see F-note above.