Local Government Act 2001
Legal proceedings.
153.—(1) The F242[chief executive] for a local authority—
(a) shall act for and on behalf of the local authority in every action or other legal proceeding whether civil or criminal, instituted by or against the local authority, and
(b) may do all such acts, matters, and things as he or she may consider necessary for the preparation and prosecution or defence of such action or other proceeding in the same manner in all respects as if (as the case may require) he or she were the plaintiff, prosecutor, defendant or other party to that action or other proceeding.
(2) Where an action or other proceeding relates to the exercise or performance by the local authority of a reserved function, the F242[chief executive] for that authority shall, in the doing of any such act, matter, or thing referred to in subsection (1), act with the express authorisation of the elected council of such local authority, and in any proceedings such authorisation shall be deemed to have been given unless or until the contrary is shown.
Annotations
Amendments:
F242
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 124, 125, S.I. No. 214 of 2014.
Modifications (not altering text):
C134
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. 25, 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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25 |
Section 153 |
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 for a local authority”, and (ii) the following paragraph were substituted for paragraph (a): “(a) shall act for and on behalf of Limerick City and County Council in relation to executive functions vested in the Mayor of Limerick by virtue of subsection (2) of section 10 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 in every action or other legal proceeding whether civil or criminal, instituted by or against Limerick City and County Council, and” and (b) in subsection (2)— (i) “Limerick City and County Council” were substituted for “the local authority”, (ii) “Mayor of Limerick” were substituted for “chief executive for that authority”, and (iii) “Limerick City and County Council” were substituted for “such local authority”. |
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C135
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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