Local Government Act 2001

Appointment of commissioners, etc.

218

218.—(1) For the purposes of enabling a local authority whose members have been removed from office to function during the removal period, the Minister shall from time to time appoint any one or more persons to be the commissioner or commissioners for any such local authority.

(2) For the purposes of subsection (1), the Minister may—

(a) remove any commissioner for a local authority appointed under this section and appoint another person to be commissioner for such local authority in his or her place,

(b) where there are one or more commissioners appointed under this section for a local authority, appoint one or more persons to be additional commissioners for such local authority,

(c) where there are 2 or more commissioners appointed under this section for a local authority, reduce the number of such commissioners and for that purpose remove one or more of such commissioners,

(d) provide for a deputy to exercise the functions of a commissioners who by reason of ill-health or otherwise is absent, and

(e) where there are 2 or more commissioners for a local authority, provide generally or as regards particular matters for the acting of such commissioners individually, collectively or by a majority.

(3) The Minister may fix the tenure of office of any commissioner.

(4) The Minister may direct the payment of remuneration or allowances for expenses to any commissioner and may fix its amount, and such remuneration or allowances as so fixed shall be paid out of revenues of the relevant local authority as part of its general expenses.

Annotations

Modifications (not altering text):

C167

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. 35, 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

Reference Number

(1)

Provision

(2)

Extent of Modification

(3)

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35

Section 218

Section shall apply as if the following subsection were inserted after subsection (1):

“(1A) The Mayor of Limerick shall not be eligible to be appointed a commissioner under this section.”.

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