Local Government Act 2001
Cathaoirleach and Leas-Chathaoirleach.
31.—(1) Subject to this Part each local authority F57[and the municipal district members] shall have a chairperson and vice-chairperson who shall be elected and hold office in accordance with this Part and who in this Act are referred to as “Cathaoirleach” and “Leas-Chathaoirleach”, respectively, and shall be so known except where the provisions of section 32 apply.
F58[(2) The holders of the offices of Cathaoirleach and Leas-Chathaoirleach shall as appropriate be styled—
(a) in the case of a county council, in the Irish language "Cathaoirleach Chontae....…" and "Leas-Chathaoirleach Chontae....…" followed by the name of the county in Irish, and in the English language "Cathaoirleach of the County of....…" and "Leas-Chathaoirleach of the County of....…" followed by the name of the county in English,
(b) in the case of a city council, in the Irish language "Cathaoirleach Chathair....…" and "Leas-Chathaoirleach Chathair....…" followed by the name of the city in Irish, and in the English language "Cathaoirleach of the City of....…" and "Leas-Chathaoirleach of the City of....…" followed by the name of the city in English,
(c) in the case of a city and county council, in the Irish language "Cathaoirleach Chathair agus Chontae....…" and "Leas-Chathaoirleach Chathair agus Chontae....…" followed by the name of the city and county in Irish, and in the English language "Cathaoirleach of the City and County of....…" and "Leas-Chathaoirleach of the City and County of....…" followed by the name of the city and county in English,
(d) in the case of a municipal district whose area contains the area of a city council dissolved by the Local Government Reform Act 2014, in the Irish language "Cathaoirleach Cheantar Cathrach....…" and "Leas-Chathaoirleach Cheantar Cathrach....…" followed by the name of the municipal district in Irish, and in the English language "Cathaoirleach of the Metropolitan District of....…" and "Leas-Chathaoirleach of the Metropolitan District of....…" followed by the name of the municipal district in English,
(e) in the case of a municipal district whose area contains the area of a borough council in being (other than in respect of the borough of Kilkenny) immediately before the transfer date as provided for by the Local Government Reform Act 2014, in the Irish language "Cathaoirleach Cheantar Buirge....…" and "Leas-Chathaoirleach Cheantar Buirge....…" followed by the name of the municipal district in Irish, and in the English language "Cathaoirleach of the Borough District of....…" and "Leas-Chathaoirleach of the Borough District of....…" followed by the name of the municipal district in English,
(f) in the case of a municipal district whose area contains the area of the borough of Kilkenny in being immediately before the transfer date as provided for by the Local Government Reform Act 2014, in the Irish language "Cathaoirleach Cheantar Bardasach Chathair Chill Chainnigh" and "Leas-Chathaoirleach Cheantar Bardasach Chathair Chill Chainnigh" and in the English language "Cathaoirleach of the Municipal District of Kilkenny City" and "Leas-Chathaoirleach of the Municipal District of Kilkenny City",
(g) in the case of a municipal district to which paragraph (d), (e) or (f) does not apply, in the Irish language "Cathaoirleach Cheantar Bardasach....…" and "Leas-Chathaoirleach Cheantar Bardasach....…" followed by the name of the municipal district in Irish, and in the English language "Cathaoirleach of the Municipal District of....…" and "Leas-Chathaoirleach of the Municipal District of....…" followed by the name of the municipal district in English.]
(3) Any reference in any other enactment to the lord mayor, mayor, chairman, deputy lord mayor, deputy mayor or vice-chairman or cognate words shall, where the context so requires, be read as a reference to the Cathaoirleach or Leas-Chathaoirleach or other title standing for the time being by virtue of section 32, as the case may be.
F58[(4)(a) The Cathaoirleach of a local authority shall take precedence at all meetings of the local authority.
(b) The Cathaoirleach of a municipal district shall take precedence at all meetings and proceedings of the municipal district members.
(5) Anything authorised or required by this Act or otherwise by law to be done by, to or with the Cathaoirleach may where necessary be done by, to or with the Leas-Chathaoirleach of the local authority or the Leas-Chathaoirleach of the municipal district, as the case may be.
(6) The Cathaoirleach may, where the Leas-Chathaoirleach is unavailable, nominate from among the other members of the local authority or the municipal district members, as the case may be, a member for the purpose of representing the Cathaoirleach at any ceremony or event in that capacity and that member shall be entitled to act in that capacity for such purpose.
(7) Where a casual vacancy occurs in the office of Cathaoirleach of a local authority or of a municipal district, as the case may be, the Leas-Chathaoirleach shall assume the responsibilities of the office pending the election in accordance with this Part of a Cathaoirleach.]
(8) A person holding the office of Cathaoirleach or Leas-Chathaoirleach on the commencement of this provision shall continue to hold that office in accordance with this Part.
(9) Subject to this Act, an outgoing Cathaoirleach or Leas-Chathaoirleach shall be eligible for re-election.
(10) F59[…]
(11) Section 34 shall apply to a Cathaoirleach or Leas-Chathaoirleach elected in 2004 in accordance with F59[…] this Part and thereafter.
Annotations
Amendments:
F57
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 42, S.I. No. 214 of 2014.
F58
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 43-44, S.I. No. 214 of 2014.
F59
Deleted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.
Modifications (not altering text):
C30
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. 4, 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.
...
SCHEDULE 3
APPLICATION OF PRINCIPAL ACT TO LIMERICK
...
|
Reference Number (1) |
Provision (2) |
Extent of Modification (3) |
|
... |
... |
... |
|
4 |
Section 31 |
Section shall apply as if— (a) “each local authority and” were deleted in subsection (1), (b) subsection (2)(c) were deleted, (c) the following subsection were substituted for subsection (3): “(3) Subject to section 9 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024, any reference in any other enactment to the lord mayor, mayor, chairman, deputy lord mayor, deputy mayor or vice-chairman or cognate words shall, in the case of Limerick City and County Council, where the context so requires, be read as a reference to the Príomh Chomhairleoir, or the Leas-Phríomh Chomhairleoir, of Limerick City and County Council.”, (d) subsection (6) were deleted, and (e) the following subsection were inserted: “(6A) The Mayor of Limerick may nominate, from among the other members of Limerick City and County Council, a member for the purpose of representing the Mayor at any ceremony or event in that capacity and that member shall be entitled to act in that capacity for such purpose.”. |
|
... |
... |
... |
C31
Functions transferred and references construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 23, 25 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.
...
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.
...
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. |
...
C32
Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 7(1), in effect as per reg. 3.
Other matter relating to the Cathaoirleach and Leas-Chathaoirleach.
7. (1) The provisions of subsections (4) to (7), (9) and (11) of section 31 of the Act shall apply to the Cathaoirleach and Leas-Chathaoirleach of a municipal district:—
(a) as if, in subsection (4), the references to “local authority” and “elected council” were a reference to “municipal district members”,
(b) as if, in subsections (5) and (6), the references to “local authority” were references to “municipal district members”, and
(c) as if, in subsection (7), the reference to “a local authority” were a reference to “municipal district members”.
...