Local Government Act 2001
Interpretation (Part 15).
166.—(1) In this Part, except where the context otherwise requires—
“actual knowledge” means actual, direct and personal knowledge as distinct from constructive, implied or imputed knowledge and includes, in relation to a fact, belief in its existence the grounds for which are such that a reasonable person who is aware of them could not doubt or disbelieve that the fact exists;
“appropriate period” means—
(a) in the case of a first declaration of a person to whom section 167(1) applies, the period which ended 12 months up to and including the date of his or her first declaration, and
(b) in the case of subsequent declarations, the period between the date of his or her last previous declaration and the date of the next subsequent declaration;
“Commission” means the Public Offices Commission established by section 21 of the Ethics in Public Office Act, 1995, or any body established in place of such Commission;
“connected person” means a brother, sister, parent or F246[spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 of the person] or a child of the person or of the spouse;
“declarable interest” has the meaning set out in section 175;
“employee”, in relation to a local authority, means an employee to whom this Part applies and, subject to subsection (2), includes a F247[chief executive] for a local authority unless otherwise specified;
“ethics registrar” has the meaning given by section 173(1);
“gift” includes a gift of money or other property;
“property” means real or personal property;
“relevant code of conduct” means the National Code of Conduct for Local Authority Members or the National Code of Conduct for Local Authority Employees, which are referred to in section 169;
“return period” means a period not exceeding 28 days from the commencement date specified in the relevant notice issued by the ethics registrar under section 174 or such other period as may be prescribed by regulations made by the Minister under section 171(4);
“spouse”, in relation to a person, includes a person with whom the first-mentioned person is cohabiting.
(2) For the purposes of this Part—
(a) a F247[chief executive] shall be deemed to be an employee of every local authority for which he or she is F247[chief executive],
(b) an employee of a local authority who, by virtue of an arrangement or agreement entered into under this Act or any other enactment, is performing duties under or in respect of another local authority, shall be deemed to be also an employee of the other authority.
(3) Where any body which is a company within the meaning of section 155 of the Companies Act, 1963, is deemed under that section to be a subsidiary of another or to be another such company’s holding company, a person who is a member of the first-mentioned such company shall, for the purposes of section 171 and sections 175 to 179 be deemed also to be a member of the other company.
Annotations
Amendments:
F246
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97 and sch. part 1, item 28, S.I. No. 648 of 2010.
F247
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 136, 137, S.I. No. 214 of 2014.
Modifications etc. (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. 28, 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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... |
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28 |
Section 166 |
Section shall apply as if the following definition were inserted: “ ‘special adviser to the Mayor of Limerick’ means the special adviser to the Mayor of Limerick appointed under section 19 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024;”. |
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C135
Functions 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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C136
Definition of “Commission” amended (10.12.2001) by Ethics in Public Office Act 1995 (22/1995), s. 21, as substituted (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 2, S.I. No. 576 of 2001 and resolutions of both Houses of the Oireachtas.
Establishment, membership and functions of Commission.
21.—[(1) There is hereby established, in place of the Public Offices Commission, a commission (which shall be known as the Standards in Public Office Commission and is referred to in this Act as "the Commission").]
Editorial Notes:
E307
Previous affecting provision: power pursuant to section exercised (1.01.2003) Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002) regs. 4 and 5; revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004) reg. 3.