Local Government Act 2001
Term of office.
17.—(1) In this section—
“incoming members” has the meaning given in subsection (3)(b);
“ordinary day of retirement”, in relation to the outgoing members of a local authority, means the seventh day—
(a) after the polling day at the election of the incoming members of the local authority, or
(b) where the poll for any local electoral area of the local authority or for any polling station at the election of incoming members of the local authority is for any reason countermanded, interrupted or adjourned, after the day on which the poll is completed or the fresh poll is held.
(2) Subject to this Act, the members of a local authority hold office until the next ordinary day of retirement and retire together on that day as provided for by this section.
(3) On the ordinary day of retirement—
(a) each of the outgoing members of the local authority retires, and
(b) each person elected at the election comes into office as a member of the local authority (in this section collectively referred to as the “incoming members”).
(4) The term of office of a member of a local authority continues until the next ordinary day of retirement of members of the local authority, unless such member sooner dies, resigns, becomes disqualified, is removed from office or otherwise ceases to be a member of the local authority.
Annotations
Modifications (not altering text):
C20
Application of subs. (3)(b) restricted (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 11(2), S.I. No. 207 of 2024, subject to transitional provisions in s. 4.
Effect of election as Mayor at mayoral by-election on membership of local authority
11. (1) Subject to subsection (1) of section 17, a person who, while being a member of a local authority, is elected in circumstances to which subsection (3) of section 13 applies by way of mayoral by-election to the office of Mayor shall, notwithstanding section 17 of the Principal Act, upon the day immediately following the day on which the returning officer declares under subparagraph (2) of paragraph 29 or paragraph 54 of Part 1 of Schedule 2 the result of the poll at the mayoral by-election concerned, cease to be such a member.
(2) Paragraph (b) of subsection (3) of section 17 of the Principal Act shall not apply to a person who, at the same time, is elected to the office of Mayor and as a member of a local authority.
C21
Certain references to “ordinary day of retirement” construed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(3), commenced as per s. 28(5).
Elections to local authorities in 2014
28. ...
(3) For the purposes of the local elections held in 2014, the definition of “ordinary day of retirement” in section 17(1) of the Principal Act shall be read—
(a) in the case of every local authority (including a local authority that is being dissolved under section 17)—
(i) as if the reference in that definition to the seventh day after the polling day at the election of the incoming members of the local authority were a reference to the 2014 establishment day, and
(ii) as if the reference to the seventh day after the date provided for the purposes of paragraph (b) of that definition were a reference to the 2014 establishment day or the seventh day after the day on which the poll is completed or the fresh poll held, whichever is the later,
and
(b) in the case of a local authority that is being dissolved under section 24, as if that definition referred to the transfer date and to no other day referred to in that definition.
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