Local Government Act 2001

Modification of restriction on being employed under certain related bodies.

162

162.—(1) ( a) In this section, “section 70(1) as applied” means section 70(1) of the Local Government Act, 1925, as applied by section 26 of the Vocational Education Act, 1930 , as continued in operation for the purposes of such application by section 21(5) of the Local Government Act, 1955, and as read in accordance with—

(i) section 25(6) of the Local Elections (Petitions and Disqualifications) Act, 1974, and

(ii) section 12 of the Regional Technical Colleges (Amendment) Act, 1999.

( b) Without prejudice to section 6, and notwithstanding the repeal of section 70(1) of the Local Government Act, 1925, and section 21(5) of the Local Government Act, 1955, by this Act, section 70(1) as applied continues to have full force and effect.

(2) ( a) After consultation with the Minister for the purpose of paragraph (b), the Minister for Education and Science may be order designate a class, description or grade of employments.

( b) For so long as an order under this subsection is in force, section 70(1) as applied shall not apply as regards an employment which is of a class, description or grade designated by the order.

( c) Any order made by the Minister for Education and Science under section 25(2) of the Local Elections (Petitions and Disqualifications) Act, 1974, and in force immediately before the commencement of this subsection shall be deemed to have been made by that Minister under this subsection.

( d) After consultation with the Minister, an order under this subsection (including an order under this paragraph) may by order be amended or revoked by the Minister for Education and Science.

(3) Where an order under subsection (2) is proposed to be made, a draft of it shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each House of the Oireachtas.