Local Government Act 2001

Offence by body corporate.

234

234.—(1) Where an offence under this Act is committed by a body corporate and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, F300[chief executive], secretary or other similar officer of the body or any person who was claiming to act in any such capacity, that officer or person, as well as the body, is guilty of an offence and is liable to be proceeded against and punished as if he or she had committed the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

Annotations

Amendments:

F300

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 178, S.I. No. 214 of 2014.

Modifications (not altering text):

C173

Prospective affecting provision: section applied with (14.06.2024) modifications by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 5 and sch. 3 ref. no. 37, 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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...

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37

Section 234

Section shall apply as if the reference to chief executive in subsection (1) included a reference to—

(a) the director general, and

(b) the Mayor.

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