Local Government Act 2001
Annual election of Cathaoirleach and Leas-Chathaoirleach by local authority.
36.—(1) (a) Subject to paragraph (c), a local authority shall elect a Cathaoirleach and Leas-Chathaoirleach from amongst its members at every annual meeting.
(b) The election of a Cathaoirleach shall be carried out in accordance with section 37.
(c) A member of a local authority who is a member of Dáil Éireann or Seanad Éireann shall be disqualified from being elected or from being a Cathaoirleach or Leas-Chathaoirleach of a local authority.
F59[(d) On the commencement of section 2 of the Local Government (No. 2) Act 2003, paragraph (c) shall cease to apply and have effect.]
(2) (a) Subject to subsection (3), a member who holds the office of Cathaoirleach or Leas-Chathaoirleach shall hold that office (unless he or she becomes disqualified under subsection (1)(c), resigns under section 33 or is removed from office under section 34) from election until a successor is elected at the next annual meeting of the local authority after that member’s election to that office.
(b) In a year in which local elections are to be held under section 26 and notwithstanding subsection (3), subsection (4) shall apply in respect of a Cathaoirleach.
(3) Except as is provided for in subsection (4), the Cathaoirleach or Leas-Chathaoirleach of a local authority shall, upon ceasing to be a member of the authority, cease to be Cathaoirleach or Leas-Chathaoirleach of that authority.
(4) Following a local election the Cathaoirleach shall continue to hold office for the period between the retirement of the outgoing members and the commencement of the annual meeting at which the successor is elected unless he or she sooner dies or resigns from the office or becomes disqualified for local authority membership.
Inserted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.
Modifications (not altering text):
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. 6(1), in effect as per reg. 3.
Annual election of Cathaoirleach or Leas-Chathaoirleach.
6. (1) The provisions of section 36 of the Act shall apply to the annual election of a Cathaoirleach and Leas-Chathaoirleach of municipal district members:—
(a) as if, in subsection (1)(a):—
(i) the reference to “a local authority” were a reference to “municipal district members”, and
(ii) the reference to “its members” were a reference to “their members”,
(b) as if, in subsection (2), the reference to “the local authority” were a reference to “the municipal district members”,
(c) as if, in subsection (3):—
(i) the reference to “a local authority” were a reference to “municipal district members”,
(ii) the reference to “ceasing to be a member of the authority” were a reference to “ceasing to be a municipal district member for the municipal district concerned”, and
(iii) the reference to “that authority” were a reference to “of those municipal district members”.