Local Government Act 2001
Disclosure by employee, etc. of local authority of pecuniary or other beneficial interests.
179.—(1) This section applies where—
(a) an employee of a local authority other than the F255[chief executive], or
(b) any other person whose services are being availed of by the 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) The employee or other person 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) where he or she as an employee is concerned with the matter in the course of his or her duties, he or she shall disclose in writing to the F255[chief executive] of the local authority the nature of his or her interest or the fact of a connected person’s interest and comply with any directions (including the reassignment of the matter in question to another employee) the F255[chief executive] may give him or her in relation to the matter;
(c) where he or she as a person whose services are being availed of by the local authority is concerned with the matter in the course of his or her duties, he or she shall disclose in writing to the F255[chief executive] the nature of his or her interest or the fact of a connected person’s interest and comply with any directions, the F255[chief executive] may give him or her in relation to the matter.
(3) A disclosure to which subsection (2)(b) or (2)(c) relates shall be forwarded by the F255[chief executive] to the ethics registrar and recorded by him or her in the register of interests.
Annotations
Amendments:
F255
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 143-146, S.I. No. 214 of 2014.
Modifications (not altering text):
C147
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. 32, 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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32 |
Section 179 |
Section shall, in addition to applying to the director general by virtue of subsection (3) of section 26 , apply as if— (a) in subsection (2)— (i) “subject to paragraph (ba),” were inserted before “where he or she as an employee” in paragraph (b), and (ii) the following paragraph were inserted after paragraph (b): “(ba) where he or she as the special adviser to the Mayor of Limerick is concerned with the matter in the course of his or her duties, he or she shall disclose in writing to the Mayor of Limerick and the director general of Limerick City and County Council the nature of his or her interest or the fact of a connected person’s interest and comply with any directions the Mayor of Limerick may give him or her in relation to the matter;”, and (b) in subsection (3), “subsection (2)(b), (2)(ba) or (2)(c)” were substituted for “subsection (2)(b) or (2)(c)”. |
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C148
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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