Local Government Act 2001

Duty of ethics registrar, etc.

174

174.—(1)(a) It is the duty of the ethics registrar to issue to each member of the local authority concerned before every annual meeting of the authority, or such other time as may be prescribed by regulations made by the Minister, a signed and dated notice in writing informing the member of the requirement imposed on him or her under section 171 to prepare and furnish an annual declaration and such notice shall enclose the form so prescribed for that purpose.

(b) The fact of the issue of a notice under paragraph (a) shall be brought to the attention of the members of the local authority at the next meeting of the authority after such issue.

(2) In respect of and to each employee referred to in section 167(1) it is the duty of the ethics registrar to issue every year in the month of January, or such other time as may be prescribed by regulations made by the Minister, a signed and dated notice in writing informing the employee of the requirement imposed on him or her under section 171 to prepare and furnish an annual declaration and such notice shall enclose the form so prescribed for that purpose.

(3) It is the duty of the ethics registrar to issue, as soon as practicable, to a person who becomes a person to whom section 167(1) applies subsequent to the issue of a notice under subsection (1) or (2) a signed and dated notice in writing informing such member or employee, as the case may be, of the requirement imposed on him or her under section 171 to prepare and furnish an annual declaration in the form prescribed by regulations made by the Minister and such notice shall enclose the form prescribed for that purpose.

(4) Nothing in this section, including the non-receipt, for any reason, of a notice or form affects the requirement imposed on a person under section 171 to complete and furnish an annual declaration.

(5) Where the ethics registrar finds a minor error or omission in a declaration, he or she shall furnish to the person concerned particulars in writing of the error or omission, as the case may be, and the ethics registrar shall inform such person that he or she may correct the error or make good the omission within the period of 21 days from the date on which the notification issued to such person.

(6) Notwithstanding section 169(4) the ethics registrar may at any time where he or she considers it necessary issue a notice or otherwise bring to the attention of any person referred to in section 167 the appropriate requirements of this Part, including of a relevant code of conduct issued under section 169.

(7) Where the ethics registrar, or the F251[chief executive] in relation to paragraph (c), becomes aware of a possible contravention of this Part it is his or her duty to bring the matter to the attention of—

(a) the F251[chief executive] for the local authority, in case the matter relates to any other employee,

(b) the Cathaoirleach of the local authority, in case the matter relates to the F251[chief executive],

(c) the Cathaoirleach of the local authority, in case the matter relates to the ethics registrar,

(d) the F251[chief executive] for the local authority, in case the matter relates to the Cathaoirleach,

(e) the Cathaoirleach and the F251[chief executive] for the local authority in case the matter relates to a member of the local authority other than the Cathaoirleach, and

(f) in any other case, the F251[chief executive] for the local authority.

(8) (a) The person or persons to whom the matter is brought to attention under subsection (7) shall consider what action should be taken and, without prejudice to the generality of the foregoing, the action may include—

(i) any investigative or disciplinary procedures which may be exercised in relation to the person concerned, whether under any other provision of this or any other enactment or otherwise,

(ii) referral of the matter to the Director of Public Prosecutions in accordance with subsection (1)(b) or (4)(b) of section 181 as the case may be,

(iii) any other course of action considered appropriate in the circumstances.

(b) The person or persons to whom the matter is brought to attention under subsection (7) shall—

(i) cause a report to be prepared of his or her or their joint consideration of the matter, as the case may be, and

(ii) cause such report to be sent to and be retained by the ethics registrar unless subsection (7)(c) applies, in which case such report shall be retained by the F251[chief executive] but only until the person concerned ceases to be the ethics registrar.

Annotations

Amendments:

F251

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 139, 140, S.I. No. 214 of 2014.

Modifications (not altering text):

C141

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. 29, 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

Reference Number

(1)

Provision

(2)

Extent of Modification

(3)

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29

Section 174

Section shall, in addition to subsection (8) applying to the director general by virtue of section 26 and to the Príomh Chomhairleoir by virtue of section 23, apply as if the following subsection were substituted for subsection (7):

“(7) Where the ethics registrar, or director general of Limerick City and County Council in relation to paragraph (c), becomes aware of a possible contravention of this Part it is his or her duty to bring the matter to the attention of—

(a) the director general of Limerick City and County Council, in case the matter relates to any employee (other than the director general of Limerick City and County Council or the special adviser to the Mayor of Limerick),

(aa) the Mayor of Limerick and the director general of Limerick City and County Council, in case the matter relates to the special adviser to the Mayor of Limerick,

(b) the Príomh Chomhairleoir of Limerick City and County Council and the Mayor of Limerick, in case the matter relates to the director general of Limerick City and County Council,

(bb) the Príomh Chomhairleoir of Limerick City and County Council and the director general of Limerick City and County Council, in case the matter relates to the Mayor of Limerick,

(c) the Príomh Chomhairleoir of Limerick City and County Council, in case the matter relates to the ethics registrar,

(d) the director general of Limerick City and County Council and the Mayor of Limerick, in case the matter relates to the Príomh Chomhairleoir of Limerick City and County Council,

(e) the Príomh Chomhairleoir of Limerick City and County Council, the director general of Limerick City and County Council and the Mayor of Limerick, in case the matter relates to a member of Limerick City and County Council (other than the Príomh Chomhairleoir of Limerick City and County Council or the Mayor of Limerick), and

(f) in any other case, the director general of Limerick City and County Council.”.

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C142

Functions transferred and references construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 23, 26 and sch. 1 parts 1, 2, S.I. No. 207 of 2024, subject to transitional provisions in s. 4.

Functions of Príomh Chomhairleoir

23.  (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.

(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.

(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

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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

PART 1

Enactments for Purposes of Sections 10 and 23

Number and Year

(1)

Provision

(2)

Extent of Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14.

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:

E320

Power pursuant to section exercised (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), in effect as per reg. 2.

E321

Previous affecting provision: power pursuant to section exercised (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004); revoked (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2.

E322

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. 5, 6 and 8; revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.