Local Government Act 2001

Qualifications for employment.

160

160.—(1) (a) The appropriate Minister may declare qualifications of such classes and descriptions as he or she thinks fit for a specified employment under a local authority or for such of the employments as belong to a specified class, description or grade.

(b) Before declaring under this section qualifications for any employment under a local authority to which the Local Authorities (Officers and Employees) Acts, 1926 to 1983, apply, the appropriate Minister F240[shall consult with the Public Appointments Service].

F241[(ba) Where a Minister has, prior to the commencement of section 68 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024, declared qualifications under this section, such a declaration shall not be affected by reason only that he or she did not, prior to the making of that declaration, consult with the Commission for Public Service Appointments.

(bb) Paragraph (ba) shall not apply to proceedings challenging a declaration under this section that were initiated prior to the commencement of section 68 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024.]

(c) A person is not to be appointed to any employment under a local authority for which qualifications are for the time being declared under this section unless he or she possesses those qualifications.

(d) For the purposes of this section, the fact that a person F242[has been recommended for appointment by the Chief Executive of the Public Appointments Service] to any employment shall be conclusive evidence, in the absence of fraud, that he or she possessed at the time of such recommendation the qualifications for the time being declared under this section for such employment.

(e) Where the appropriate Minister declares under this section qualifications for a specified employment, additional qualifications for that employment are not to be fixed by a local authority without the consent of the appropriate Minister.

(2) (a) The Minister may, by order (in this section referred to as a “transfer order”), provide that declarations of qualification which would otherwise properly be made by him or her under this section for employments specified in the transfer order shall be made by the Board.

(b) Whenever a transfer order is in operation, the Board has the power to amend any qualifications previously declared by the Minister in relation to any employment to which the order relates.

(c) A transfer order shall not prejudice the right of the Minister to make or amend any qualifications declared under this section.

(d) Where the Board declares qualifications by virtue of a transfer order, such declaration has effect as if it had been made by the Minister.

(e) The revocation of a transfer order by the Minister does not affect any existing qualifications declared by the Board unless otherwise expressly provided for in the order.

(3) (a) Notwithstanding subsections (1) and (2), a local authority may, from time to time, fix qualifications for any employment provided a declaration under subsection (1) in relation to such employment is not in force.

(b) Whenever qualifications are declared under this section by the appropriate Minister, or by the Board by virtue of a transfer order, in relation to a particular employment, any qualifications previously fixed by a local authority in relation to such employment shall cease to have effect.

(4) (a) Any qualifications declared by the Board under this section may be amended or revoked by the Minister or the Board.

(b) A local authority may amend the qualifications for any employment fixed by it under subsection (3).

(5) A declaration made under section 21 of the Local Government Act, 1941, before the commencement of this provision shall, on and from such commencement, be deemed to have been made under this section.

Annotations

Amendments:

F240

Substituted (31.03.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 68(b)(i), S.I. No. 123 of 2024.

F241

Inserted (31.03.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 68(b)(ii), S.I. No. 123 of 2024.

F242

Substituted (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 61(1) and sch. 2 part 1, commenced on enactment.

Modifications (not altering text):

C132

Functions under 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

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:

E301

Previous affecting provision: subs. (1)(b) amended (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 61(1) and sch. 2 part 1, commenced on enactment; substituted (31.03.2024) as per f-note above.