Local Government Act 2001
Disclosure by manager for local authority of pecuniary or other beneficial interests.
178.—(1) This section applies where the F254[chief executive of] a local authority has actual knowledge that he or she or a connected person has a pecuniary or other beneficial interest in, or which is material to, any matter which is proposed or otherwise arises from or as regards the performance by the authority of any of its functions under this or any other enactment.
(2) F254[The chief executive] to whom subsection (1) relates shall comply with the following requirements:
(a) he or she shall neither influence nor seek to influence a decision of the local authority as regards the matter;
(b) he or she shall, as soon as may be, disclose in writing to the Cathaoirleach of the local authority the nature of his or her interest or the fact of a connected person’s interest, and the Cathaoirleach shall furnish such written disclosure to the ethics registrar without delay.
(3) A disclosure furnished under subsection (2) shall be recorded by the ethics registrar in the register of interests.
(4) Where a function would normally be dealt with by F254[the chief executive], the function shall be delegated by him or her in accordance with section 154, after disclosure under subsection (2), to an employee.
(5) F254[The chief executive] shall inform the Cathaoirleach of any delegation under subsection (4).
Annotations
Amendments:
F254
Substituted (31.03.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 68(d)(i)-(iv), S.I. No. 123 of 2024.
Modifications (not altering text):
C145
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. 31, 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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31 |
Section 178 |
Section shall, in addition to paragraph (b) of subsection (2) and subsection (5) applying to the Príomh Chomhairleoir by virtue of subsection (2) of section 23 , and subsections (1), (2), (4) and (5) applying to the director general by virtue of subsection (3) of section 26 , apply to the Mayor as if— (a) the following subsection were substituted for subsection (1): “(1) This section applies where the Mayor of Limerick has actual knowledge that he or she or a connected person has a pecuniary or other beneficial interest in, or which is material to, any matter which is proposed or otherwise arises from or as regards the performance by Limerick City and County Council of any of its functions under this or any other enactment.”, (b) the following subsection were substituted for subsection (2): “(2) Where subsection (1) relates to the Mayor of Limerick, he or she shall comply with the following requirements: (a) he or she shall neither influence nor seek to influence a decision of Limerick City and County Council as regards the matter; (b) he or she shall, as soon as may be, disclose in writing the nature of his or her interest or the fact of a connected person’s interest, to the Príomh Chomhairleoir of Limerick City and County Council who shall furnish such written disclosure to the ethics registrar without delay.”, (c) the following subsection were substituted for subsection (4): “(4) Where a function would normally be dealt with by the Mayor of Limerick, the function shall be delegated by him or her in accordance with section 27 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024, after disclosure under subsection (2).”, and (d) the following subsection were substituted for subsection (5): “(5) The Mayor of Limerick shall inform the Príomh Chomhairleoir of Limerick City and County Council of any delegation under subsection (4).”. |
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C146
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
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Number and Year (1) |
Provision (2) |
Extent of Modification (3) |
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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
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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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