19A.—(1) Subject to subsection (9), a temporary absence in the membership of a local authority occurs where —

(a) either the absence (including a proposed absence) of a member of a local authority—

(i) is not a casual vacancy and is —

(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, or

(ii) is occasioned by the member taking leave in accordance with the Maternity Protection Act 1994 ,

and

(b) such member notifies the meetings administrator that he or she wishes to have a temporary substitute F38[to perform the member’s functions during the absence].

(2) It is the duty of the meetings administrator to notify the members of the local authority in writing on becoming aware that a temporary absence has occurred and that a temporary substitute is to be co-opted.

(3) (a) (i) Subject to subparagraph (ii), a temporary absence shall be filled by the co-option by the local authority of F39[a person (other than the Mayor of Limerick)] to fill the absence subject to such person being nominated by the same registered political party who nominated for election or co‑option the member who caused the temporary absence.

(ii) The local authority shall have regard to the preferred choice (if any) of the member causing the temporary absence as to the person who should be the temporary substitute.

(b) (i) Subject to subparagraph (ii), where the member causing the temporary absence was a non-party candidate at his or her election to the local authority, the absence shall be filled by the co-option by the local authority of F39[a person (other than the Mayor of Limerick)] to fill the absence in accordance with such requirements and procedures as may be set out in its standing orders.

(ii) The local authority shall have regard to the preferred choice (if any) of the member causing the temporary absence as to the person who should be the temporary substitute.

(c) A local authority shall in making standing orders consider the inclusion of provisions for the purposes of paragraph (b).

(4) (a) A co-option shall be made, after due notice, at the next meeting of the local authority after the expiration of 14 days from the occurrence of the temporary absence or as soon after the expiration of the 14 days as circumstances permit.

(b) In this subsection, "due notice" means not less than 3 clear days’ notice given in writing to every member of the local authority.

(5) A person is not to be proposed at a meeting of the local authority for co-option without his or her prior written consent.

(6) Subject to subsection (7), a person co-opted to fill a temporary absence shall be a member of the local authority until —

(a) the member causing the temporary absence returns to office, or

(b) the term of office of the member causing the temporary absence expires,

whichever first occurs, unless the temporary substitute, for whatever reason, sooner ceases to be a member.

(7) Where the member causing the temporary absence ceases to be a member of the local authority by virtue of the operation of section 19, thereby causing a casual vacancy to occur, his or her temporary substitute (if any) shall cease to be a member of the local authority in his or her capacity as such substitute immediately upon the occurrence of such casual vacancy.

(8) Where —

(a) the temporary substitute (including any successor temporary substitute arising from the operation of this subsection) of the member causing the temporary absence which gave rise to the temporary substitute ceases to be a member of the local authority by virtue of the operation of section 19, thereby causing a casual vacancy to occur, and

(b) such member causing the temporary absence continues to be a member of the local authority,

the casual vacancy referred to in paragraph (a) shall not be filled in accordance with section 19 but in accordance with this section as if the casual vacancy were a temporary absence of the member referred to in paragraph (b), and the other provisions of this section shall, with all necessary modifications, be construed accordingly.

(9) A member of a local authority who is a temporary substitute may not, in his or her capacity as such substitute, have a temporary substitute notwithstanding that he or she falls within paragraph (a) of subsection (1).

F38[(9A) The member causing the temporary absence shall not perform any functions as a member unless and until he or she returns to office.]

(10) In this section, "temporary substitute", in relation to a member of a local authority causing a temporary absence, means the person (if any) co-opted under subsection (3)(a) or (b) to fill the absence.]