Local Government Act 2001

Failure to perform functions, etc.

216

216.—(1) The Minister may be order remove from office the members of a local authority if and whenever—

(a) the Minister, after holding a public local inquiry into the performance by a local authority of its functions, is satisfied that such functions are not being duly and effectually performed, or

(b) a local authority refuses or neglects to comply with a judgement, order, or decree of any court, or

(c) a local authority fails to comply with a requirement made by notification under subsection (1) of section 10A, within F283[14 days] after the date of notification, or

(d) a local authority in the circumstances set out in subsection (6) of section 10A, adopts a revised estimate of expenses which is, in accordance with that section, insufficient, or

(e) a local authority refuses or wilfully neglects to comply with any other express requirement which is imposed on it by or under any enactment including this Act, or

(f) the members of a local authority are less in number than the quorum for meetings of such local authority.

(2)(a) Where the members of a local authority are removed from office under this section, every person who immediately before the removal was a member of a linked body within the meaning of section 220 or of any other body and in either case by virtue of being nominated, elected or appointed by such local authority or by virtue of being the Cathaoirleach or by holding any other office or position relating to membership of such authority, shall cease also to be a member of the linked body or other body concerned.

(b) Section 220 applies, as appropriate, to the linked body concerned.

(3) The removal from office of the members of a local authority does not affect or in any way prejudice the continuity of the existence of that local authority as a corporate body by the title appropriate to it under this Act.

(4) An order under subsection (1) may include all such things as the Minister considers necessary or expedient to enable a local authority whose members are removed from office to function duly and effectually and generally to enable this Part to have full force and effect.

(5) Without prejudice to section 20 of the Interpretation Act, 1937, the reference in sections 16 and 17 of the Local Elections (Petitions and Disqualifications) Act, 1974, to Part IV of the Local Government Act, 1941, shall be read as a reference to this Part.

Annotations

Amendments:

F283

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 161, S.I. No. 214 of 2014.

Modifications (not altering text):

C165

Application of section restricted (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 17(6), S.I. No. 207 of 2024.

Membership of council

17. ...

(6) Removal of the members of Limerick City and County Council by the Minister in accordance with section 216 of the Principal Act shall not operate to—

(a) remove the person who for the time being holds the office of Mayor from that office, or

(b) prevent the Mayor from performing the functions (other than the functions performable by him or her as a member of the elected council) conferred on him or her by this Act.

C166

Functions transferred and references construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 23 and sch. 1 part 1, 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.

...

SCHEDULE 1

PART 1

Enactments for Purposes of Sections 10 and 23

Number and Year

(1)

Provision

(2)

Extent of Modification

(3)

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.

...