Ethics
LOCAL GOVERNMENT ACT 2001
PART 15
Ethical Framework for the Local Government Service
Annotations
Modifications etc. (not altering text):
C48
Definition of “return period” construed (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 6.
6. Return Period
(1) Subject to sub-article (2), the return period for the purposes of Part 15 of the Act shall be the period ending on the last day of February of each year.
(2) (a) In a local election year the return period for incoming members to a local authority, who were not members of that local authority immediately prior to the local election in question, shall be the period of 6 weeks from the ordinary day of retirement in that year.
(b) In the case of a person referred to in section 174(3) of the Act, the return period shall be the period of 6 weeks from the date such person becomes a person to whom section 167(1) of the Act applies.
(c) In these Regulations “local election year” and “ordinary day of retirement” shall be construed in accordance with the Act.
Section 166
Interpretation (Part 15).
166.—(1) In this Part, except where the context otherwise requires—
“actual knowledge” means actual, direct and personal knowledge as distinct from constructive, implied or imputed knowledge and includes, in relation to a fact, belief in its existence the grounds for which are such that a reasonable person who is aware of them could not doubt or disbelieve that the fact exists;
“appropriate period” means—
(a) in the case of a first declaration of a person to whom section 167(1) applies, the period which ended 12 months up to and including the date of his or her first declaration, and
(b) in the case of subsequent declarations, the period between the date of his or her last previous declaration and the date of the next subsequent declaration;
“Commission” means the Public Offices Commission established by section 21 of the Ethics in Public Office Act, 1995, or any body established in place of such Commission;
“connected person” means a brother, sister, parent or F236[spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 of the person] or a child of the person or of the spouse;
“declarable interest” has the meaning set out in section 175;
“employee”, in relation to a local authority, means an employee to whom this Part applies and, subject to subsection (2), includes a F237[chief executive] for a local authority unless otherwise specified;
“ethics registrar” has the meaning given by section 173(1);
“gift” includes a gift of money or other property;
“property” means real or personal property;
“relevant code of conduct” means the National Code of Conduct for Local Authority Members or the National Code of Conduct for Local Authority Employees, which are referred to in section 169;
“return period” means a period not exceeding 28 days from the commencement date specified in the relevant notice issued by the ethics registrar under section 174 or such other period as may be prescribed by regulations made by the Minister under section 171(4);
“spouse”, in relation to a person, includes a person with whom the first-mentioned person is cohabiting.
(2) For the purposes of this Part—
(a) a F237[chief executive] shall be deemed to be an employee of every local authority for which he or she is F237[chief executive],
(b) an employee of a local authority who, by virtue of an arrangement or agreement entered into under this Act or any other enactment, is performing duties under or in respect of another local authority, shall be deemed to be also an employee of the other authority.
(3) Where any body which is a company within the meaning of section 155 of the Companies Act, 1963, is deemed under that section to be a subsidiary of another or to be another such company’s holding company, a person who is a member of the first-mentioned such company shall, for the purposes of section 171 and sections 175 to 179 be deemed also to be a member of the other company.
Annotations
Amendments:
F236
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97 and sch. part 1, item 28, S.I. No. 648 of 2010.
F237
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 136, 137, S.I. No. 214 of 2014.
Modifications etc. (not altering text):
C49
Definition of “Commission” amended (10.12.2001) by Ethics in Public Office Act 1995 (22/1995), s. 21, as substituted (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 2, S.I. No. 576 of 2001 and resolutions of both Houses of the Oireachtas.
Establishment, membership and functions of Commission.
21.—[(1) There is hereby established, in place of the Public Offices Commission, a commission (which shall be known as the Standards in Public Office Commission and is referred to in this Act as “the Commission”).]
Editorial Notes:
E295
Previous affecting provision: power pursuant to section exercised (1.01.2003) Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002) regs. 4 and 5; revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004) reg. 3.
Section 167
Application (Part 15).
167.—(1) This Part applies to—
(a) a member of a local authority,
(b) an employee of a local authority who is of a class, description or grade prescribed by regulations made by the Minister for the purposes of this Part, and
(c) any other employee or other person who is the holder of a position designated by an order made by the F238[chief executive] for a local authority for the purposes of this Part.
F239[(1A) In addition to those employees to whom this Part applies by virtue of subsection (1), sections 168, 169 and 170 also apply to every other employee of a local authority and those sections shall be read accordingly.]
(2) This Part, other than sections 171, 175 and 178 also applies, where relevant, to any person to whom subsection (1) does not apply and—
(a) who is a member of a committee of a local authority, or
(b) whose services are being availed of by the local authority,
and a code of conduct under section 169 may contain provisions in relation to such persons.
(3) Where a person to whom this Part applies has an interest in land or an interest relating to land or any business of dealing in or developing land by reason only of the beneficial ownership of shares in a company or other body by him or her or by his or her nominee or by a connected person or a nominee of a connected person and the total nominal value of those shares does not exceed the lesser of—
(a) £10,000, or
(b) one-hundredth part of the total nominal value of either the issued share capital of the company or body or, where that capital is issued in shares of more than one class, the issued share capital of the class or classes of shares in which he or she has an interest,
the requirements of section 171 and sections 175 to 179 shall not have effect in relation to that interest or interests.
(4) Notwithstanding subsection (2), the Minister may prescribe by regulations some or all of the provisions of sections 171 and 175, as provisions which apply to a person to whom subsection (2) applies, subject to such modifications or adaptations as are necessary.
(5) (a) Part VII of the Act of 2000 shall cease to apply to—
(i) a member of a planning authority,
(ii) a member of a committee of a planning authority, and
(iii) an officer of a planning authority.
(b) A declaration given in accordance with section 147 of the Act of 2000 by—
(i) a member of a planning authority, or
(ii) an officer of a planning authority,
shall continue to apply and have effect until replaced by a declaration furnished to the ethics registrar under section 171 of this Act.
Annotations
Amendments:
F238
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 138, S.I. No. 214 of 2014.
F239
Inserted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 4 and sch., commenced on enactment.
Editorial Notes:
E296
£10,000 converted (1.01.1999) to €12,697.38.
E297
Power pursuant to section exercised (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), in effect as per reg. 2.
E298
Previous affecting provision: power pursuant to section exercised (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004); revoked (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2.
E299
Previous affecting provision: power pursuant to section exercised (28.02.2003) by Local Government Act 2001 (Part 15) Regulations 2003 (S.I. No. 73 of 2003); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.
E300
Previous affecting provision: power pursuant to section exercised (1.01.2003) by Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.
Section 168
Standards of integrity.
168.—In carrying out their functions under this or any other enactment, it is the duty of every member and every employee of a local authority and of every member of every committee to maintain proper standards of integrity, conduct and concern for the public interest.
Section 169
Codes of conduct for Local Government Service.
169.—(1) (a) After consultation with the Commission and the Minister for Finance, the Minister, may issue codes of conduct for the guidance of members of local authorities and of employees of local authorities.
(b) A code of conduct shall deal with the conduct and standards of integrity of members and employees in performing their functions or in relation to any other matter connected with this Part.
(c) In addition to the matters provided for by paragraph (b), a code of conduct shall also deal with matters which, in the opinion of the Minister, will help to uphold public confidence in the integrity of the discharge of local authority functions.
(d) Codes to which this section relate shall be known as the National Code of Conduct for Local Authority Members and the National Code of Conduct for Local Authority Employees or by such other name as the Minister may decide from time to time.
(2) The Minister may at any time review a code of conduct and may amend the code of conduct or withdraw it and issue a new code of conduct.
(3) (a) Each member shall have regard to and be guided by the relevant code of conduct in the exercise of his or her functions.
(b) Each employee shall, in so far as the code of conduct applies to that employee, have regard to and be guided by the code of conduct in the exercise of his or her functions.
(c) There shall be deemed to be included in the terms and conditions of employment of an employee an undertaking by him or her to have regard to and be guided by the code of conduct in the exercise of his or her functions.
(4) (a) (i) As soon as practicable after the election or co-option of a person as a member of a local authority, the ethics registrar shall supply to each such member a copy of the National Code of Conduct for Local Authority Members.
(ii) The notice issued by the ethics registrar under section 174 shall draw the member’s attention to the code of conduct and to subsection (3)(a).
(b) (i) The ethics registrar shall supply to each employee, as soon as practicable, a copy of the National Code of Conduct for Local Authority Employees.
(ii) The notice issued by the ethics registrar under section 174 shall draw the employee’s attention to the code of conduct and to subsection (3)(b) and (c).
(5) (a) A court may have regard to a code of conduct issued under this section in any proceedings for an offence under this Part.
(b) The Commission may have regard to a code of conduct issued under this section in the carrying out of its functions in relation to a local authority.
(6) A code of conduct adopted by a planning authority under section 150 of the Act of 2000 shall continue to apply and have effect until replaced by a code of conduct issued under this section.
Annotations
Modifications (not altering text):
C50
Functions transferred and references to “Minister for Public Expenditure and Reform” in subs. (1)(a) construed (1.03.2023) by Standards in Public Office (Transfer of Departmental Administration and Ministerial Functions) Order 2023 (S.I. No. 89 of 2023), arts. 2, 3 and sch. in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by Article 3 are transferred to the Department of Finance.
(2) References to the Department of Public Expenditure, National Development Plan Delivery and Reform contained in any Act or instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Finance.
3. (1) The functions vested in the Minister for Public Expenditure, National Development Plan Delivery and Reform by or under the provisions of an Act specified in column (1) of the Schedule are transferred to the Minister for Finance to the extent specified in column (2) of the Schedule opposite the mention of the Act so specified.
(2) References to the Minister for Public Expenditure, National Development Plan Delivery and Reform contained in any Act or instrument made under an Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Finance.
…
SCHEDULE
Short Title of Act and Number
Provision
(1)
(2)
…
…
Local Government Act 2001 (No. 37 of 2001)
Paragraph (a) of subsection (1) of section 169.
…
…
Note change of name of Department and Minister to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023), in effect as per art. 1(2).
Editorial Notes:
E301
Previous affecting provision: functions transferred and references to “Department of Finance” and “Minister for Finance” in subs. (1)(a) construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2); superseded as per C -note above.
Section 170
Prohibition of favours, rewards, etc.
170.—(1) An employee or a member of a local authority or of a committee of a local authority shall not seek, exact or accept from any person, other than from the local authority concerned, any remuneration, fee, reward or other favour for anything done or not done by virtue of his or her employment or office, and a code of conduct under section 169 may include guidance for the purposes of this subsection.
(2) Subsection (1) shall not be read so as to exclude the persons to whom that subsection relates from the application of the Prevention of Corruption Acts, 1889 to 1995, and any Act which is to be construed together as one with those Acts.
Section 171
Annual declaration.
171.—(1) It is the duty of a person to whom section 167(1) applies to prepare and furnish to the ethics registrar in accordance with subsection (2) or (3), as the case may be, an annual written declaration (in this Part referred to as an “annual declaration” or “declaration”, as the case may be), in the form prescribed by regulations made by the Minister, signed and dated by him or her and containing—
(a) particulars of his or her declarable interests (within the meaning of section 175), and
(b) an undertaking by him or her to have regard to and be guided by the relevant code of conduct in the exercise of his or her functions.
(2) Each member of a local authority shall prepare and furnish to the ethics registrar within the return period each year, an annual declaration and a statement that none of the grounds for disqualification referred to in section 13 or 182, or under section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999, apply.
(3) Each employee of a local authority shall prepare and furnish to the ethics registrar within the return period each year an annual declaration.
(4) The Minister may notwithstanding the definition of return period in section 166 prescribe by regulations a different commencement date or a different return period to the commencement dates or periods referred to in the definition of return period as the commencement date or period from or within which a declaration shall be furnished.
(5) It shall not be necessary to specify in an annual declaration under this section the amount or monetary value of any declarable interest within the meaning of section 175.
Annotations
Editorial Notes:
E302
Power pursuant to section exercised (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), in effect as per reg. 2.
E303
Previous affecting provision: power pursuant to section exercised (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004); revoked (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2.
E304
Previous affecting provision: power pursuant to section exercised (28.02.2003) by Local Government Act 2001 (Part 15) Regulations 2003 (S.I. No. 73 of 2003); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.
E305
Previous affecting provision: power pursuant to section exercised (1.01.2003) by Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.
Section 172
Public register of interests.
172.—(1) The ethics registrar shall for the purposes of this Part, keep on behalf of the local authority concerned a public register which comprises of 2 parts, one containing members’ interests and the other the interests of employees and persons referred to in section 167(2) (which register of interests is in this section referred to as the “register of interests”).
(2) There shall be entered in the register of interests the particulars contained in declarations under section 171 or disclosures under sections 177 to 179 furnished to the ethics registrar.
(3) (a) The register of interests shall be kept at the offices of the local authority concerned, and shall be available for public inspection during normal office hours and any person may apply for a copy of the register or any entry in the register.
(b) A copy of the register of interests, or any entry in the register may be obtained by any person on the payment to the local authority concerned of such fee (if any) as the local authority shall fix not exceeding the reasonable cost of making the copy.
(4) Where a person ceases to be a person to whom section 167 applies, any particulars entered in the register of interests as a result of a declaration or disclosure being furnished to the relevant ethics registrar under this Part shall be removed from that register by the relevant ethics registrar as soon as may be after the expiration of the period of 15 years beginning on the day on which the person ceases to be such a person.
Annotations
Modifications etc. (not altering text):
C51
Application of section restricted (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 9, in effect as per reg. 2.
9. Register of interests
In respect of a relevant employee, the particulars to be included in the register of interests kept by a local authority pursuant to section 172 of the Act shall not include the address of that employee’s home as entered on the prescribed form by him or her pursuant to the requirements of section 171 of the Act.
Editorial Notes:
E306
Previous affecting provision: application of section restricted (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 9; revoked (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2.
E307
Previous affecting provision: (28.02.2003) Local Government Act 2001 (Part 15) Regulations 2003 (S.I. No. 73 of 2003), reg. 4, revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004).
Section 173
Ethics registrar.
173.—(1) In this Part “ethics registrar” means a person or persons assigned by order of the manager for a local authority to perform the duties of an ethics registrar in accordance with this Part in respect of such authority or authorities as are specified in the order.
(2) No person shall perform the functions of an ethics registrar for a continuous period exceeding 2 years.
Section 174
Duty of ethics registrar, etc.
174.—(1)(a) It is the duty of the ethics registrar to issue to each member of the local authority concerned before every annual meeting of the authority, or such other time as may be prescribed by regulations made by the Minister, a signed and dated notice in writing informing the member of the requirement imposed on him or her under section 171 to prepare and furnish an annual declaration and such notice shall enclose the form so prescribed for that purpose.
(b) The fact of the issue of a notice under paragraph (a) shall be brought to the attention of the members of the local authority at the next meeting of the authority after such issue.
(2) In respect of and to each employee referred to in section 167(1) it is the duty of the ethics registrar to issue every year in the month of January, or such other time as may be prescribed by regulations made by the Minister, a signed and dated notice in writing informing the employee of the requirement imposed on him or her under section 171 to prepare and furnish an annual declaration and such notice shall enclose the form so prescribed for that purpose.
(3) It is the duty of the ethics registrar to issue, as soon as practicable, to a person who becomes a person to whom section 167(1) applies subsequent to the issue of a notice under subsection (1) or (2) a signed and dated notice in writing informing such member or employee, as the case may be, of the requirement imposed on him or her under section 171 to prepare and furnish an annual declaration in the form prescribed by regulations made by the Minister and such notice shall enclose the form prescribed for that purpose.
(4) Nothing in this section, including the non-receipt, for any reason, of a notice or form affects the requirement imposed on a person under section 171 to complete and furnish an annual declaration.
(5) Where the ethics registrar finds a minor error or omission in a declaration, he or she shall furnish to the person concerned particulars in writing of the error or omission, as the case may be, and the ethics registrar shall inform such person that he or she may correct the error or make good the omission within the period of 21 days from the date on which the notification issued to such person.
(6) Notwithstanding section 169(4) the ethics registrar may at any time where he or she considers it necessary issue a notice or otherwise bring to the attention of any person referred to in section 167 the appropriate requirements of this Part, including of a relevant code of conduct issued under section 169.
(7) Where the ethics registrar, or the F240[chief executive] in relation to paragraph (c), becomes aware of a possible contravention of this Part it is his or her duty to bring the matter to the attention of—
(a) the F240[chief executive] for the local authority, in case the matter relates to any other employee,
(b) the Cathaoirleach of the local authority, in case the matter relates to the F240[chief executive],
(c) the Cathaoirleach of the local authority, in case the matter relates to the ethics registrar,
(d) the F240[chief executive] for the local authority, in case the matter relates to the Cathaoirleach,
(e) the Cathaoirleach and the F240[chief executive] for the local authority in case the matter relates to a member of the local authority other than the Cathaoirleach, and
(f) in any other case, the F240[chief executive] for the local authority.
(8) (a) The person or persons to whom the matter is brought to attention under subsection (7) shall consider what action should be taken and, without prejudice to the generality of the foregoing, the action may include—
(i) any investigative or disciplinary procedures which may be exercised in relation to the person concerned, whether under any other provision of this or any other enactment or otherwise,
(ii) referral of the matter to the Director of Public Prosecutions in accordance with subsection (1)(b) or (4)(b) of section 181 as the case may be,
(iii) any other course of action considered appropriate in the circumstances.
(b) The person or persons to whom the matter is brought to attention under subsection (7) shall—
(i) cause a report to be prepared of his or her or their joint consideration of the matter, as the case may be, and
(ii) cause such report to be sent to and be retained by the ethics registrar unless subsection (7)(c) applies, in which case such report shall be retained by the F240[chief executive] but only until the person concerned ceases to be the ethics registrar.
Annotations
Amendments:
F240
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 139, 140, S.I. No. 214 of 2014.
Editorial Notes:
E308
Power pursuant to section exercised (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), in effect as per reg. 2.
E309
Previous affecting provision: power pursuant to section exercised (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004); revoked (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2.
E310
Previous affecting provision: power pursuant to section exercised (1.01.2003) Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002), regs. 5, 6 and 8; revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.
Section 175
Declarable interests.
175.— Each of the following interests is a declarable interest for the purposes of this Part:
(a) any profession, business or occupation in which the person concerned is engaged or employed, whether on his or her own behalf or otherwise, and which relates to dealing in or developing land during the appropriate period;
(b) any other remunerated trade, profession, employment, vocation, or other occupation of the person concerned held by that person during the appropriate period;
(c) any estate or interest the person concerned has (subject to section 167(3)) in land including the case where the person concerned, or any nominee of his or her, is a member of a company or other body which has an estate or interest in land and without prejudice to the foregoing an interest in land shall be deemed to include—
(i) the interest of the person in any contract entered into by him or her for the purchase or sale of land, whether or not a deposit or part payment has been made under the contract, and
(ii) the interest of the person in—
(I) any option held by him or her to purchase or sell land, whether or not any consideration has been paid for it, or
(II) land in respect of which such an option has been exercised by the person but which has not yet been conveyed to the person;
(d) any business of dealing in or developing land carried on during the appropriate period by a company or other body of which the person concerned, or any nominee of the person, is a member;
(e) a holding by the person concerned of shares in, or bonds or debentures of, or other like investments in, a particular company or other enterprise or undertaking (which does not relate to land or any business of dealing in or developing land) if the aggregate value of the holding exceeded £10,000 at any time during the appropriate period but holding does not include money in a current, deposit or other similar account with a financial institution;
(f) a directorship or shadow directorship of any company held by the person concerned at any time during the appropriate period, and in this paragraph “shadow directorship” means the position held by a person who is a shadow director for the purposes of the Companies Acts, 1963 to 1999;
(g) a gift, including foreign travel facilities, given to the person concerned during the appropriate period, but excluding—
(i) a gift given to the person by a F241[relative or friend of the person or of his or her spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or of a child of the person or his or her spouse for purely personal reasons only],
(ii) a gift given to the person, or gifts given to the person by the same person, during the appropriate period, as respects which the value, or the aggregate value, of the property the subject of the gift or gifts did not exceed £500 at any time during the appropriate period;
(h) property supplied or lent or a service supplied to the person concerned, once or more than once by the same person during the appropriate period, for a consideration or considerations or at a price or prices less than the commercial consideration or considerations or the commercial price or prices by more than £500 or which in the aggregate exceeded £500, other than property supplied or lent or a service supplied to the person concerned by a relative or friend of the person or of his or her spouse where such supply or loan was in the nature of a gift to the person and for personal reasons only;
(i) property supplied or lent or a service supplied to the person concerned, once or more than once by the same person during the appropriate period, free of charge if the commercial consideration or considerations or the commercial price or prices was or were more than £500, or which in the aggregate exceeded £500, other than property supplied or lent or a service supplied to the person concerned by a relative or friend of the person or of his or her spouse where such supply or loan was in the nature of a gift to the person and for personal reasons only;
(j) any contract to which the person concerned was a party or was in any other way, directly or indirectly, interested for the supply of goods or services to a local authority during the appropriate period if the value of the goods or services supplied during that period exceeded £5,000 or, in case other goods or services were supplied under such a contract to a local authority during that period, if the aggregate of their value exceeded £5,000;
(k) a remunerated position held by the person concerned as a political or public affairs lobbyist, consultant or adviser during the appropriate period;
(l) any other additional interest which may be prescribed by regulations made by the Minister;
(m) any other additional interest which is not specified in paragraphs (a) to (k) or in regulations made by the Minister under paragraph (l) which the person concerned wishes to volunteer.
Annotations
Amendments:
F241
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97 and sch. part 1, item 29, S.I. No. 648 of 2010.
Editorial Notes:
E311
£10,000 converted (1.01.1999) to €12,697.38. £500 converted to €634.87. £5,000 converted to €6,348.69.
Section 176
Beneficial interests.
176.—(1) In respect of a resolution, motion, question or other matter which is proposed, or otherwise arises from or as regards F242[the performance by the local authority concerned, or any municipal district members for that authority, of any functions] under this or any other enactment, “beneficial interest” for the purposes of this Part, in relation to a person, includes an interest in respect of which—
(a) he or she or a connected person, or any nominee of his or her or of a connected person, is a member of a company or any other body which has a beneficial interest in, or which is material to, any such matter,
(b) he or she or a connected person is in a partnership with or is in the employment of a person who has a beneficial interest in, or which is material to, any such matter,
(c) he or she or a connected person is a party to any arrangement or agreement (whether or not enforceable) concerning land which relates to any such matter,
(d) he or she or a connected person in the capacity as a trustee or as a beneficiary of a trust has a beneficial interest in, or which is material to, any such matter,
(e) he or she or a connected person is acting with another person to secure or exercise control of a company which has a beneficial interest in, or which is material to any such matter.
(2) A person shall also be deemed to have a beneficial interest which has to be disclosed under this Part if he or she has actual knowledge that he or she or a connected person has a declarable interest (within the meaning of section 175) in, or which is material to, a resolution, motion, question or other matter which is proposed, or otherwise arises from or as regards F242[the performance by the local authority, or by municipal district members, of any functions] under this or any other enactment.
(3) A person shall not be regarded as having a beneficial interest which has to be disclosed under this Part where section 167(3) is applicable or because of—
(a) an interest which is so remote or insignificant that it cannot be reasonably regarded as likely to influence a person in considering or discussing, or in voting on, any question with respect to the matter or in performing any function in relation to that matter,
(b) being a ratepayer or a local authority tenant and in common with other ratepayers or tenants, or
(c) any other circumstances which may be prescribed by regulations made by the Minister.
Annotations
Amendments:
F242
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 141, 142, S.I. No. 214 of 2014.
Editorial Notes:
E312
Power pursuant to section exercised (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), in effect as per reg. 2.
E313
Previous affecting provision: power pursuant to section exercised (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004); revoked (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2.
E314
Previous affecting provision: (1.01.2003) Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002), reg. 7; revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.
Section 177
Disclosure by member of local authority of pecuniary or other beneficial interests.
177.—(1) Where at a meeting of a local authority or of any committee, joint committee or joint body of a local authority, a resolution, motion, question or other matter is proposed or otherwise arises either—
(a) as a result of any of its functions under this or any other enactment, or
(b) as regards the performance by the authority, committee, joint committee or joint body of any of its functions under this or any other enactment,
then, a member of the authority, committee, joint committee or joint body present at such meeting shall, where he or she has actual knowledge that he or she or a connected person has a pecuniary or other beneficial interest in, or which is material to, the matter—
(i) disclose the nature of his or her interest, or the fact of a connected person’s interest at the meeting, and before discussion or consideration of the matter commences, and
(ii) withdraw from the meeting for so long as the matter is being discussed or considered,
and, accordingly, he or she shall take no part in the discussion or consideration of the matter and shall refrain from voting in relation to it.
(2) Where a member of a local authority, committee, joint committee or joint body of the local authority has actual knowledge that a matter is likely to arise at a meeting at which that member will not be present and which, if he or she were present, a disclosure would be required to be made under subsection (1), then that person shall in advance of such meeting make such disclosure in writing and furnish it to the ethics registrar.
(3) There shall be recorded in the minutes of any meeting referred to in subsection (1) or (2) a reference to any disclosure made for the purposes of either of those subsections and of any subsequent withdrawal from the meeting and such disclosure shall be recorded in the register of interests.
(4) A member of a local authority or of any committee, joint committee or joint body of a local authority shall neither influence nor seek to influence a decision of the authority in respect of any matter which he or she has actual knowledge that he or she or a connected person has a pecuniary or other beneficial interest in, or which is material to, any matter which is proposed, or otherwise arises from or as regards the performance by the authority of any of its functions under this or any other enactment.
Annotations
Modifications (not altering text):
C52
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. 13, in effect as per reg. 3.
Provisions of Part 15 (ethical framework) of the Act.
13. The provisions of section 177 of the Act shall apply in respect of the disclosure by municipal district members of pecuniary or other beneficial interests at a meeting of municipal district members with the following modifications as if:—
(a) in subsection (1), the reference to “a meeting of a local authority, or of any committee, joint committee or joint body of a local authority” were a reference to “a meeting of municipal district members or of any committee of municipal district members”,
(b) in subsection (1)(b):—
(i) the reference to “the performance by the authority, committee, joint committee or joint body of any of its functions” were a reference to “the performance by the municipal district members of any of their functions or the performance by the committee of its functions”, and
(ii) the reference to “a member of the authority, committee, joint committee or joint body present” were a reference to “a municipal district member or a member of a committee present”,
(c) in subsection (2), the reference to “a member of a local authority, committee, joint committee or joint body of the local authority” were a reference to “a municipal district member or a member of a committee of the municipal district members”, and
(d) in subsection (4):—
(i) the reference to “a member of a local authority or of any committee, joint committee or joint body of a local authority” were a reference to “a municipal district member or a member of any committee of municipal district members”,
(ii) the reference to “influence a decision of the authority” were a reference to “influence a decision of the municipal district members”, and
(iii) the reference to “performance by the authority of any of its functions” were a reference to “performance by the municipal district members of any of their functions”.
Section 178
Disclosure by manager for local authority of pecuniary or other beneficial interests.
178.—(1) This section applies where the manager for a local authority has actual knowledge that he or she or a connected person has a pecuniary or other beneficial interest in, or which is material to, any matter which is proposed or otherwise arises from or as regards the performance by the authority of any of its functions under this or any other enactment.
(2) The manager to whom subsection (1) relates shall comply with the following requirements:
(a) he or she shall neither influence nor seek to influence a decision of the local authority as regards the matter;
(b) he or she shall, as soon as may be, disclose in writing to the Cathaoirleach of the local authority the nature of his or her interest or the fact of a connected person’s interest, and the Cathaoirleach shall furnish such written disclosure to the ethics registrar without delay.
(3) A disclosure furnished under subsection (2) shall be recorded by the ethics registrar in the register of interests.
(4) Where a function would normally be dealt with by the manager, the function shall be delegated by him or her in accordance with section 154, after disclosure under subsection (2), to an employee.
(5) The manager shall inform the Cathaoirleach of any delegation under subsection (4).
Section 179
Disclosure by employee, etc. of local authority of pecuniary or other beneficial interests.
179.—(1) This section applies where—
(a) an employee of a local authority other than the F243[chief executive], or
(b) any other person whose services are being availed of by the local authority,
has actual knowledge that he or she or a connected person, has a pecuniary or other beneficial interest in, or which is material to, any matter, which is proposed or otherwise arises from or as regards the performance by the authority of any of its functions under this or any other enactment.
(2) The employee or other person to whom subsection (1) relates shall comply with the following requirements:
(a) he or she shall neither influence nor seek to influence a decision of the local authority as regards the matter;
(b) where he or she as an employee is concerned with the matter in the course of his or her duties, he or she shall disclose in writing to the F243[chief executive] of the local authority the nature of his or her interest or the fact of a connected person’s interest and comply with any directions (including the reassignment of the matter in question to another employee) the F243[chief executive] may give him or her in relation to the matter;
(c) where he or she as a person whose services are being availed of by the local authority is concerned with the matter in the course of his or her duties, he or she shall disclose in writing to the F243[chief executive] the nature of his or her interest or the fact of a connected person’s interest and comply with any directions, the F243[chief executive] may give him or her in relation to the matter.
(3) A disclosure to which subsection (2)(b) or (2)(c) relates shall be forwarded by the F243[chief executive] to the ethics registrar and recorded by him or her in the register of interests.
Annotations
Amendments:
F243
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 143-146, S.I. No. 214 of 2014.
Section 180
Application of Ethics in Public Office Act, 1995, etc.
180.—(1) In this section “the Acts” means the Ethics in Public Office Act, 1995, and any other Act which is to be construed together as one with that Act.
(2) The Acts shall apply in relation to a local authority subject to the provisions of this section and with such other modifications as may be necessary and for that purpose—
(a) the powers of investigation and report conferred on the Commission apply in relation to a person to whom subsection (1) or (2) of section 167 relates,
(b) subsection (3) shall apply as regards a report prepared by the Commission,
(c) subsection (4) shall apply as regards the consideration of such report by a local authority.
(3)(a) Where a report prepared by the Commission relates to—
F244[(i) a chief executive, it shall be furnished to the Cathaoirleach of the local authority concerned,]
(ii) the Cathaoirleach of a local authority, it shall be furnished to the Leas-Chathaoirleach of the authority and to its F244[chief executive],
(iii) any other member of a local authority, it shall be furnished to the Cathaoirleach of the authority and to its F244[chief executive],
(iv) any employee of a local authority other than the F244[chief executive], it shall be furnished to the F244[chief executive] of the local authority concerned, and
(v) any other person to whom subsection (1) or (2) of section 167 relates, it shall be furnished to the F244[chief executive] of the local authority concerned.
(b) Nothing in this subsection shall be read so as to prevent the furnishing of a report referred to in paragraph (a) to any other person in accordance with the Acts.
(4)(a) Where a report referred to in subparagraph (i), (ii) or (iii) of subsection (3)(a) is furnished to a local authority, it shall be considered by the elected council. The elected council shall decide on such action to be taken as may be considered appropriate in all the circumstances including, in the case of subparagraph (i) of subsection (3)(a), the exercise of powers of suspension or removal pursuant to section 146.
(b) Where a report referred to in subparagraph (iv) or (v) of subsection (3)(a) is furnished to a local authority it shall be considered by its F244[chief executive]. The F244[chief executive] shall decide on such action to be taken as may be considered appropriate in all the circumstances including, in the case of an employee, suspension with or without pay or termination of employment.
(c) The F244[chief executive] shall inform the elected council of the result of a consideration under paragraph (b).
(5) Nothing in this section shall be read as prejudicing the Commission in carrying out the functions conferred on it by the Acts.
Annotations
Amendments:
F244
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 147-153, S.I. No. 214 of 2014.
Section 181
Offences (Part 15).
181.—(1) (a) Subject to subsection (3), a person is guilty of an offence where he or she fails to comply with the requirements of section 171 or who, when claiming to comply with those requirements, gives particulars which are false or which to his or her knowledge are misleading in a material respect.
(b) Proceedings for an offence under this subsection shall not be instituted except by or with the consent of the Director of Public Prosecutions.
(2) A person guilty of an offence under subsection (1) is liable—
(a) on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both,
(b) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both.
(3) In any proceedings for an offence under subsection (1) it is a good defence for the defendant to prove that at the relevant time he or she believed in good faith, and upon reasonable grounds, that—
(a) the relevant particulars were true,
(b) there was no matter as regards which he or she was then required to make a declaration under section 171, or
(c) the matter in relation to which the offence is alleged was not one as regards which he or she was so required to make such declaration.
(4) (a) Subject to subsection (6), a person is guilty of an offence where he or she fails to comply with any of the requirements of section 177, 178 or 179 or who, when claiming to comply with those requirements, gives particulars which are false or which to his or her knowledge are misleading in a material respect.
(b) Proceedings for an offence under this subsection shall not be instituted except by or with the consent of the Director of Public Prosecutions.
(5) A person guilty of an offence under subsection (4) is liable—
(a) on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both,
(b) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both.
(6) In any proceedings for an offence under subsection (4) it is a good defence for the defendant to prove that at the time of the alleged offence he or she did not have actual knowledge and had no reason to believe that a matter in which, or in relation to which, he or she or a connected person had a beneficial interest had arisen or had come before the local authority concerned, or was being considered by it or by a committee or joint body of the local authority, as may be appropriate, or that the beneficial interest to which the alleged offence relates was one in relation to which a requirement of section 177, 178 or 179 applied.
(7) Summary proceedings for an offence under this Part may be brought by the local authority concerned, subject to subsection (1)(b) or (4)(b).
(8) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Part may be commenced—
(a) at any time within 12 months from the date on which the offence was committed,
(b) at any time within 6 months from the date on which evidence sufficient, in the opinion of the local authority by whom the proceedings are initiated, to justify the proceedings, comes to such authority’s knowledge,
whichever is the later, but no such proceedings shall be initiated later than 5 years from the date on which the offence concerned was committed.
Annotations
Editorial Notes:
E315
A fine of £1,500 converted (1.01.1999) to €1,904.60. This translates into a class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010
E316
A fine of £10,000 converted (1.01.1999) to €12,697.38.
Section 182
Consequences of failure to comply with sections 171, 177, 178 and 179.
182.—(1) (a) Where a person is convicted of an offence under section 181 (which relates to section 171, 177, 178 or 179) that person is disqualified from being elected or co-opted to or from being a member of a local authority.
(b) A disqualification arising under paragraph (a) commences—
(i) where no appeal is taken against the conviction, when the time limit for taking an appeal has passed, or
(ii) where an appeal is taken against the conviction and the appeal is disallowed, from the determination of the appeal,
and the disqualification shall be for 5 years from the date of conviction or determination of the appeal, as the case may be.
(2) Where a person contravenes or fails to comply with a requirement of section 171, 177, 178 or 179 or acts as a member of a local authority, committee, joint committee or joint body of a local authority while disqualified for membership by virtue of this section, the fact of such contravention or failure or of his or her so acting, as the case may be, does not invalidate any act or proceeding of the authority, committee, joint committee or joint body concerned.