Local Government Act 2001

Resignation from membership.

18

18.—(1) A member of a local authority may resign from membership by notice in writing signed by him or her and delivered to the principal offices of the local authority.

(2) A person ceases to be a member of the local authority—

(a) on the date specified in the notice as the resignation date, or

(b) where no date is specified, on receipt of the notice,

and accordingly a casual vacancy occurs in the membership of the local authority.

(3) A person who resigns from membership of a local authority under this section also ceases on such resignation to be a member of any body—

(a) to which he or she was elected, nominated or appointed by the local authority, or

(b) of which he or she is a member by virtue of being a member of the local authority.

(4) (a) F29[Subject to subsection (4A), a person] shall be deemed to have resigned from membership of a local authority where the person is absent from attendance at any meeting of the authority for a continuous period of 6 consecutive months (“the relevant period”) from the date (“the relevant date”) of his or her last attendance at a meeting of the authority.

(b) paragraph (a) does not apply where the absence was—

(i) due to illness, or

(ii) in good faith for another reason,

and which, in either case, is accepted by the local authority and approved by resolution under this paragraph before the end of the relevant period, in which case the period shall stand extended to 12 months from the relevant date.

(c) Where a resolution is passed under paragraph (b) and the continuous period of absence continues uninterrupted—

(i) due to illness, or

(ii) in good faith for another reason,

and, in either case, is accepted by the local authority and approved by resolution under this paragraph before the expiry of the relevant period as extended under paragraph (b), then the period shall stand extended to 18 months from the relevant date.

(d) A casual vacancy under this subsection occurs on the next day after—

(i) in the case of paragraph (a), the end of the relevant period,

(ii) in the case of paragraph (b), the end of the relevant period as extended under that paragraph, or

(iii) in the case of paragraph (c), the end of the relevant period as extended to 18 months under that paragraph.

F30[(4A) An absence referred to in subsection (4)(a) does not include an absence occasioned by a member of a local authority taking leave in accordance with the Maternity Protection Act 1994.]

F31[(5) In relation to a local authority, attendance as a member at a meeting of

(a) any committee or joint committee or joint body of the authority, or

(b) the municipal district members,

shall be deemed for the purposes of subsection (4) to be attendance at a meeting of the authority.]

Annotations

Amendments:

F29

Substituted (21.12.2022) by Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), s. 2(a)(i), commenced on enactment.

F30

Inserted (21.12.2022) by Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), s. 2(a)(ii), commenced on enactment.

F31

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 23, S.I. No. 214 of 2014.

Modifications (not altering text):

C22

Application of section restricted (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 13(7), S.I. No. 207 of 2024, subject to transitional provisions in s. 4.

Vacancies

13. ...

(7) Sections 16, 18, 19 and 19A of the Principal Act shall not apply in respect of the office of Mayor.

...