Local Government Act 2001
Application of Ethics in Public Office Act, 1995, etc.
180.—(1) In this section “the Acts” means the Ethics in Public Office Act, 1995, and any other Act which is to be construed together as one with that Act.
(2) The Acts shall apply in relation to a local authority subject to the provisions of this section and with such other modifications as may be necessary and for that purpose—
(a) the powers of investigation and report conferred on the Commission apply in relation to a person to whom subsection (1) or (2) of section 167 relates,
(b) subsection (3) shall apply as regards a report prepared by the Commission,
(c) subsection (4) shall apply as regards the consideration of such report by a local authority.
(3)(a) Where a report prepared by the Commission relates to—
F255[(i) a chief executive, it shall be furnished to the Cathaoirleach of the local authority concerned,]
(ii) the Cathaoirleach of a local authority, it shall be furnished to the Leas-Chathaoirleach of the authority and to its F255[chief executive],
(iii) any other member of a local authority, it shall be furnished to the Cathaoirleach of the authority and to its F255[chief executive],
(iv) any employee of a local authority other than the F255[chief executive], it shall be furnished to the F255[chief executive] of the local authority concerned, and
(v) any other person to whom subsection (1) or (2) of section 167 relates, it shall be furnished to the F255[chief executive] of the local authority concerned.
(b) Nothing in this subsection shall be read so as to prevent the furnishing of a report referred to in paragraph (a) to any other person in accordance with the Acts.
(4)(a) Where a report referred to in subparagraph (i), (ii) or (iii) of subsection (3)(a) is furnished to a local authority, it shall be considered by the elected council. The elected council shall decide on such action to be taken as may be considered appropriate in all the circumstances including, in the case of subparagraph (i) of subsection (3)(a), the exercise of powers of suspension or removal pursuant to section 146.
(b) Where a report referred to in subparagraph (iv) or (v) of subsection (3)(a) is furnished to a local authority it shall be considered by its F255[chief executive]. The F255[chief executive] shall decide on such action to be taken as may be considered appropriate in all the circumstances including, in the case of an employee, suspension with or without pay or termination of employment.
(c) The F255[chief executive] shall inform the elected council of the result of a consideration under paragraph (b).
(5) Nothing in this section shall be read as prejudicing the Commission in carrying out the functions conferred on it by the Acts.
Annotations
Amendments:
F255
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 147-153, S.I. No. 214 of 2014.
Modifications (not altering text):
C149
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. 33, 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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... |
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33 |
Section 180 |
Section shall apply as if— (a) the following paragraph were substituted for paragraph (a) of subsection (3): “(a) Where a report prepared by the Commission relates to— (i) the director general of Limerick City and County Council, it shall be furnished to the Príomh Chomhairleoir of Limerick City and County Council and the Mayor of Limerick, (ia) the Mayor of Limerick, it shall be furnished to the Príomh Chomhairleoir of Limerick City and County Council and the director general of Limerick City and County Council, (ii) the Príomh Chomhairleoir of Limerick City and County Council, it shall be furnished to the Leas-Phríomh Chomhairleoir of Limerick City and County Council, the director general of Limerick City and County Council and the Mayor of Limerick, (iii) any other member of Limerick City and County Council, it shall be furnished to the Príomh Chomhairleoir of Limerick City and County Council, the director general of Limerick City and County Council and the Mayor of Limerick, (iiia) the special adviser to the Mayor of Limerick, it shall be furnished to the Mayor of Limerick and the director general of Limerick City and County Council, (iv) any employee of Limerick City and County Council (other than the director general of Limerick City and County Council or the special adviser to the Mayor of Limerick), it shall be furnished to the director general of Limerick City and County Council, and (v) any other person to whom subsection (1) or (2) of section 167 relates, it shall be furnished to the director general of Limerick City and County Council.”, and (b) in subsection (4)— (i) “, (ia)” were inserted after “subparagraph (i)” in paragraph (a), (ii) the following paragraph were inserted after paragraph (a): “(aa) Where a report referred to in subparagraph (iiia) of subsection (3)(a) is furnished to a local authority it shall be considered by the Mayor of Limerick, who shall decide on such action to be taken as may be considered appropriate in all the circumstances including, notwithstanding section 19 (7) of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024, termination of appointment of the special adviser concerned.”, and (iii) the following paragraph were inserted after paragraph (c): “(ca) The Mayor of Limerick shall inform the elected council of the result of a consideration under paragraph (aa).”. |
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C150
Functions transferred and references to "Cathaoirleach", "Leas-Cathaoirleach" and "chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 23, 25, 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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Functions of Leas-Phríomh Chomhairleoir
25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh 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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... |
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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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