Local Government Act 2001

Codes of conduct for Local Government Service.

169

169.—(1) ( a) After consultation with the Commission and the Minister for Finance, the Minister, may issue codes of conduct for the guidance of members of local authorities and of employees of local authorities.

( b) A code of conduct shall deal with the conduct and standards of integrity of members and employees in performing their functions or in relation to any other matter connected with this Part.

( c) In addition to the matters provided for by paragraph (b), a code of conduct shall also deal with matters which, in the opinion of the Minister, will help to uphold public confidence in the integrity of the discharge of local authority functions.

( d) Codes to which this section relate shall be known as the National Code of Conduct for Local Authority Members and the National Code of Conduct for Local Authority Employees or by such other name as the Minister may decide from time to time.

(2) The Minister may at any time review a code of conduct and may amend the code of conduct or withdraw it and issue a new code of conduct.

(3) ( a) Each member shall have regard to and be guided by the relevant code of conduct in the exercise of his or her functions.

( b) Each employee shall, in so far as the code of conduct applies to that employee, have regard to and be guided by the code of conduct in the exercise of his or her functions.

( c) There shall be deemed to be included in the terms and conditions of employment of an employee an undertaking by him or her to have regard to and be guided by the code of conduct in the exercise of his or her functions.

(4) ( a) (i) As soon as practicable after the election or co-option of a person as a member of a local authority, the ethics registrar shall supply to each such member a copy of the National Code of Conduct for Local Authority Members.

(ii) The notice issued by the ethics registrar under section 174 shall draw the member’s attention to the code of conduct and to subsection (3)(a).

( b) (i) The ethics registrar shall supply to each employee, as soon as practicable, a copy of the National Code of Conduct for Local Authority Employees.

(ii) The notice issued by the ethics registrar under section 174 shall draw the employee’s attention to the code of conduct and to subsection (3)(b) and (c).

(5) ( a) A court may have regard to a code of conduct issued under this section in any proceedings for an offence under this Part.

( b) The Commission may have regard to a code of conduct issued under this section in the carrying out of its functions in relation to a local authority.

(6) A code of conduct adopted by a planning authority under section 150 of the Act of 2000 shall continue to apply and have effect until replaced by a code of conduct issued under this section.

Annotations

Modifications (not altering text):

C47

Functions transferred and references to “Department of Finance” and “Minister for Finance” in subs. (1)(a) construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 37 of 2001

Local Government Act 2001

Sections 66(7), 81(6), 92(2), 109(8), 169(1)(a), 212(3) and 231(1)

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