Local Government Act 2001

Provisions relating to the employment of persons by local authorities.

158

158.—(1) ( a) Subject to this Chapter, Chapter 2 of this Part and the Local Authorities (Officers and Employees) Acts, 1926 to 1983, a local authority may employ such and so many persons as the local authority may, from time to time, think proper.

( b) A local authority shall determine the remuneration and conditions of employment of its employees and may, from time to time, alter the remuneration and conditions of employment of such employees.

( c) F225 [ ]

( d) The appropriate Minister may at any time direct that any of the functions conferred on a local authority by this Chapter shall, in relation to an employment or employments for which he or she is the appropriate Minister, be exercisable either generally or in relation to a particular local authority or to specified local authorities, only with his or her consent, or subject to such other conditions or requirements as may be so directed.

(2) A local authority in exercising any function referred to in subsection (1) in relation to an employment for which the Minister is the appropriate Minister, shall, subject to paragraphs (c) and (d) of that subsection, have regard to any guidelines, codes of practice or other guidance issued by the Board in relation to such function.

(3) The functions conferred on an elected council or a Cathaoirleach by this Part, other than those referred to in sections 145(1) and 148, do not apply or extend to employees of a local authority or to the performance of any executive function in relation to such employees or their direction, supervision, service, remuneration or discipline and any resolution which claims to so apply or extend is invalid.

Annotations

Amendments:

F225

Deleted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3A and sch. 2 part 3 as inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), ss. 3, 7 and sch., commenced on enactment.