Governance Reform

LOCAL GOVERNMENT ACT 2014

Section 47

Reserved functions: duty of chief executive

47. The Principal Act is amended by substituting the following for section 132:

“132. (1) It is the duty of every chief executive to carry into effect all lawful directions of the elected council of a local authority or a joint body for which he or she is chief executive in relation to the exercise and performance of the reserved functions of the local authority or joint body.

(2)(a) Where in relation to the exercise or performance of a reserved function a legal opinion was obtained by a local authority or joint body, the elected council or joint body may, without prejudice to section 153, by resolution direct that a second such opinion be obtained by the authority in the terms specified in such resolution.

(b) Nothing in this subsection shall prejudice a local authority or joint body in carrying out any function which the authority or body is required by or under statute or by order of a court to duly carry out.

(3) It is the duty of every chief executive to advise and assist the elected council of a local authority or a joint body for which he or she is chief executive and to assist the corporate policy group, each strategic policy committee and local community development committee within the administrative area of which he or she is chief executive—

(a) generally as regards the exercise or performance by—

(i) the council of the local authority or joint body, of its reserved functions, and

(ii) by the strategic policy committee or local community development committee, of its functions in relation to the reserved function of the local authority or joint body,

and

(b) as regards any particular matter or thing in relation to such exercise or performance on or in respect of which the council of a local authority, joint body, corporate policy group, strategic policy committee or local community development committee requests the advice or assistance of the chief executive,

and each shall have regard to that advice or assistance.

(4) In subsections (1) to (3) a reference to the elected council of a local authority includes a reference to the municipal district members when duly exercising a reserved function.

(5) For the purposes of superintendence and oversight by the elected council in the discharge of functions conferred on the elected council by law, the chief executive shall, when requested by the elected council, report on the actions already taken and planned to be taken to carry out the directions of the elected council of a local authority or a joint body for which he or she is chief executive in relation to the exercise and performance of the reserved functions of the local authority or joint body.

(6) Following consideration of a report referred to in subsection (5) or a management report as provided for in section 136(2), the elected council may, by resolution, adopt a statement indicating that it is the opinion of the elected council that the actions already taken or planned to be taken by the chief executive to carry out the directions of the elected council in relation to the exercise and performance of the reserved functions of the local authority or joint body are not sufficient for such purpose, or are not sufficient to ensure the efficient discharge of such function, and such resolution shall state the reasons for such opinion.

(7) Within 14 days of the adoption of a statement pursuant to subsection (6), the chief executive shall provide to the elected council a response indicating the changes, if any, to the actions or intended actions he or she will put in place, and where the chief executive considers it so warranted, may indicate where in his or her opinion the policy of the council requires review and amendment.

(8) The chief executive shall, when requested by the elected council, whether consequent on the council’s consideration of the chief executive’s response for the purposes of subsection (7) or otherwise, advise on the review of any policy, or a review of the implementation of any policy, of the local authority (being a policy approved as a reserved function) by the local authority or joint body.”.

Section 48
Amendment of section 133 (corporate policy group) of Principal Act

48. Section 133 of the Principal Act is amended—

(a) by substituting the following for subsection (1):

“(1) The elected council of each local authority shall form a committee, to be known as the corporate policy group and in this section referred to as the ‘policy group’, consisting of—

(a) the Cathaoirleach of the local authority who shall chair the policy group,

(b) the chairpersons of the strategic policy committees of the local authority, and

(c) where for any period of time, a policy group does not contain a member from a municipal district to whom paragraph (a) or (b) relates, a municipal district member for each municipal district concerned—

(i) selected by the municipal district members for such district, or

(ii) failing such selection, the Cathaoirleach of the municipal district concerned or such other member as the Cathaoirleach may select.”,

(b) by inserting the following paragraph after paragraph (b) of subsection (2):

“(ba) Without prejudice to paragraph (a) and with respect to the policies of and functions performed by the local authority, the policy group may promote co-ordination, consistency, effectiveness and avoidance of duplication in the performance of functions of the local authority by municipal district members.”,

and

“(10)(a) The Minister may issue policy guidelines to local authorities for the purposes of any provision of this section and such guidelines may include—

(i) procedures to be followed in respect of the manner and nature of the involvement of municipal district members with the policy group;

(ii) the format, content and layout of any particular class or classes of policy papers and other documents (including the preparation of preliminary documents) prepared by or presented to the policy group;

(iii) procedures to ensure that sufficient time for input by the policy group into policy papers is provided prior to completion and subsequent presentation to the local authority concerned.

(b) Guidelines issued under this section may relate generally to all local authorities or to a particular class or classes of local authorities and shall, in so far as the guidelines relate to them, be complied with by every local authority, chief executive, policy group and the municipal district members.”.

Section 49
Amendment of section 134 (corporate plan) of Principal Act

49. Section 134 of the Principal Act is amended—

(a) in subsection (1) by deleting the definition of “local authority”,

(b) in subsection (6) by inserting “, including activities relating to functions of municipal district members for each municipal district,” after “local authority concerned”,

“(ea) the policy of the local authority in relation to its functions, services and priorities for expenditure, in so far as is not otherwise set out in any other plan, statement, strategy or other document referred to in subsection (7),”,

and

(d) by deleting subsection (10) (b).

Section 50

Local authority service delivery plans

50. The Principal Act is amended by inserting the following section after section 134:

“134A.(1) In respect of the local financial year which follows the commencement of this section and in respect of every financial year thereafter, each local authority shall prepare in accordance with subsection (5) a plan (in this section and Part 3 of Schedule 14A referred to as a ‘service delivery plan’) identifying the services intended to be provided by it to the public.

(2) The service delivery plan of a local authority shall be consistent with the provisions in the local authority budget of the expenditure estimated to be necessary for the local authority to carry out its functions during the local financial year to which that plan relates.

(3) The service delivery plan of a local authority shall take account of best practice in service delivery (including, where appropriate in relation to the delivery of services, best practice having regard to performance of functions identified pursuant to section 126C(1) (c) ) and that plan shall include—

(a) a statement of the principal services that will either continue to be provided or will otherwise be provided by the local authority in respect of the local financial year to which the plan relates,

(b) the objectives and priorities for the delivery of each of the services to which paragraph (a) relates, and the strategies for achieving those objectives and priorities,

(c) the performance standards intended to be met in the delivery of services, including reference to each appropriate performance standard prescribed by the Minister,

(d) the manner in which the local authority proposes to assess its performance in respect of the delivery of services, including identification of the relevant indicators for the purposes of section 126C(1) (a) and the performance indicators and performance standards prescribed by the Minister under subsection (7) as are appropriate to each service in the service delivery plan, and

(e) such other matters as may be provided for by the Minister under subsection (7) or (8).

(4) In preparing its service delivery plan a local authority shall—

(a) take account of such policies and objectives in relation to any of its functional programmes that are set out in—

(i) any other plan, statement or strategy under the Local Government Acts 1925 to 2014,

(ii) any service level agreements, or

(iii) any other document prepared by it under this Act or any other enactment,

and in so preparing its plan the local authority shall comply with sections 69 and 71, and

(b) having regard to the outcome of any assessment carried out pursuant to subsection (6), indicate the actions proposed to be taken to meet any performance standard prescribed by the Minister under subsection (7) or as a result of a comparison with any relevant indicator identified by the National Oversight and Audit Commission or prescribed by the Minister under section 126C(1).

(5)(a) As soon as may be following the adoption of the local authority budget, the service delivery plan shall be—

(i) prepared, in consultation with the elected members, under the direction of the chief executive in such manner, and in accordance with the timescale and format as may be prescribed by regulations made by the Minister, and

(ii) considered by the elected members and be adopted by resolution, with or without amendment, within such time limit and in accordance with such conditions and requirements, as may be so prescribed.

(b) In making an amendment under paragraph (a) (ii), the elected members shall have regard to the local authority budget adopted in accordance with section 103(9).

(6) A local authority shall include in its annual report an assessment of its delivery of services during the year concerned when compared with its service delivery plan for that year, including reference to those performance standards and performance indicators specified in regulations made under this section and such relevant indicators identified by the National Oversight and Audit Commission or prescribed by the Minister under section 126C(1) as are appropriate.

(7) (a) The Minister may make regulations for one or more of the following matters:

(i) performance standards against which the effectiveness and efficiency of the delivery of services may be measured, and performance indicators to facilitate the evaluation of the performance of the local authority;

(ii) the comparison of one local authority, or class of local authorities, to another local authority or class of local authorities, as the case may be, in the delivery of services, and as appropriate, against any performance standard specified;

(iii) such other matters as the Minister may consider appropriate in relation to the preparation of service delivery plans.

(b) Before making regulations under this subsection, the Minister shall consult with the National Oversight and Audit Commission, and with any other Minister of the Government in respect of services provided by a local authority for which that other Minister is responsible.

(c) Regulations made by the Minister under this subsection shall be without prejudice to relevant indicators specified by the National Oversight and Audit Commission or prescribed by the Minister under section 126C(1).

(8)(a) The Minister may issue guidelines in respect of—

(i) the content and preparation of service delivery plans,

(ii) publication of service delivery plans,

(iii) such other matters as the Minister may consider appropriate,

and each local authority shall have regard to such guidelines.

(b) Guidelines under this subsection may provide for a service delivery plan of a local authority to take account of and to reflect the principal activities of municipal district members within its administrative area and for necessary consultation for that purpose.”.

Section 51

Furnishing of information to elected council

51. The Principal Act is amended by substituting the following for section 136:

“136. (1) Without prejudice to section 105, 135, 137 or 138, where relevant, a chief executive shall, whenever requested—

(a) by an elected council of a local authority for which he or she is the chief executive or by its Cathaoirleach,

(b) by municipal district members of a local authority for which he or she is the chief executive or by the Cathaoirleach of a municipal district,

(c) by a strategic policy committee of a local authority for which he or she is the chief executive or by its chairperson,

(d) by a local community development committee of a local authority for which he or she is the chief executive or by its chairperson, or

(e) by a joint body for which he or she is the chief executive, or by its chairperson,

afford to the council, municipal district members, Cathaoirleach, committee, chairperson or joint body concerned (as the case may be) all information that may be in the possession or procurement of such chief executive in regard to any act, matter or thing relating to or concerning any business or transaction of such local authority, municipal district members, committee or joint body (as the case may be) which is mentioned in the request.

(2) Subject to subsections (3) and (4), on or before the seventh day of each month, or such other date in each month set by resolution of the council, the chief executive shall prepare a report, to be known as the management report, in relation to the performance of his or her executive functions during the preceding calendar month, including implementation of policy or other matters required by the council in the exercise of its reserved functions, and the provision of services by the council, and shall on the set day furnish a copy of the management report to each member of the local authority.

(3) The Minister may prescribe by regulations—

(a) the form and content of the management report,

(b) the co-ordination of the management report with such other reporting requirements in this or in any other enactment as may be so prescribed,

(c) the provision for certain elements of the management report, including information provided pursuant to subsection (5), being reported on a quarterly basis or such other basis as may be specified.

(4) The Minister may issue general policy guidelines for the purposes of subsections (2), (3) and (5) and local authorities shall comply with any such guidelines.

(5) Without prejudice to the generality of subsections (3) and (4) and the requirements of section 126D in respect of any report which the local authority is the subject of, the management report shall include information on the steps taken in relation to any relevant report of the National Oversight and Audit Commission.

(6) In respect of management reports not considered at a meeting of the local authority, such reports shall be on the agenda of the next appropriate meeting of the local authority for consideration.

(7) In this section ‘quarterly basis’ means a period of 3 consecutive months ending on 31 March, 30 June, 30 September or 31 December in any year.”.

Section 52
Amendment of section 140 (requirement that a particular thing be done) of Principal Act

52. Section 140 of the Principal Act is amended—

(a) in subsection (3) (a) by substituting “at least 2 members” for “at least 3 members”,

(b) in subsection (3) (c) by substituting “not less than 5 days” for “not less than 7 days”,

(d) in subsection (10) by deleting “or” in paragraph (c) where it last occurs and by substituting the following for paragraph (d):

“(d) so as to prevent the performance of any function of a local authority which the authority or the chief executive is required by law or by order of a court to perform,

(e) to any act, matter or thing to be done or effected in the performance of the executive functions of a local authority in respect of its functions as a planning authority under the Planning and Development Act 2000, or

(f) to a decision to provide, to any named person or group, any service, finance or other form of assistance or benefit, financial or otherwise.”.

Section 53

Members’ expenses, remuneration, etc. including training and attendance at conferences, etc.

53. (1) Section 141 of the Principal Act is amended by inserting the following after subsection (1):

“(1A) A member of a local authority who is elected, appointed or nominated by that authority to another body in accordance with subsection (1), shall, within 15 working days of the end of each 3 monthly period to 31 March, 30 June, 30 September and 31 December in each year notify the local authority concerned of all attendances by the member at meetings of the body concerned and any payments made by or on behalf of that body (including details of distances travelled where payments are in respect of the use of a private vehicle) to the member during the period.

(1B) Subsection (1A) shall also apply to a former member of a local authority or to a period after the holding of local elections in respect of any payments while a member of the authority but received after he or she ceases to be a member of the authority or after the holding of local elections.”.

(2) Section 142 of the Principal Act is amended—

(a) in subsection (1) by substituting the following for paragraphs (a) and (b):

“(a) attendance at meetings of—

(i) the local authority,

(ii) municipal district members of that authority,

(iii) a committee of that authority, or

(iv) a joint committee or joint body involving that authority;

(b) attendance at conferences, seminars, training or other events to which subsection (5) or (5A) applies;”,

(b) in subsection (4) by inserting the following after paragraph (g):

“(ga) a public register of all attendances and payments to which section 141 relates;”,

(c) in subsection (5) by deleting “, training” in paragraph (a) and substituting the following for paragraphs (f) and (g):

“(f) Where a member of an elected council attends a conference, seminar or other meeting or event held by virtue of an authorisation under this section, he or she shall, within 15 working days of such attendance, submit to the Cathaoirleach a written report, which shall indicate the nature of the meeting and contain a summary of the proceedings, and the Cathaoirleach shall submit the report to the next ordinary meeting of the local authority.

(fa) A report prepared for the purposes of paragraph (f) shall be made available free of charge by the local authority to any member of the public who so requests and for that purpose may be made available by that authority on its internet website.

(g) Without prejudice to paragraphs (a) to (fa), the Minister may issue general guidelines for the purposes of this subsection, including guidelines as to expenditure in relation to attendance at conferences, seminars or other meetings or events.”,

(d) by inserting the following after subsection (5):

“(5A) (a) This subsection applies to training regarding or connected with any matter that is of concern to the local authority in relation to the performance of its functions and is relevant to its administrative area and to the local community.

(b) An elected council may authorise one or more of its members to avail of training or attend training events to which this subsection applies and such authorisation may, subject to regulations under this section, be given in an individual case or as regards such attendances generally during a particular year.

(d) An elected council shall not authorise under this subsection unless, having had regard to the following matters, it is satisfied that the authorisation is justified having particular regard to any training referred to in guidelines issued in accordance with paragraph (f)and having regard to—

(i) the benefits likely to accrue,

(ii) the general interests of its administrative area and the local community, and

(iii) the total cost involved.

(e) An authorisation under this subsection is a reserved function and such authorisations shall not exceed the amount provided for in accordance with paragraph (c).

(f) Without prejudice to paragraphs (a) to (e), the Minister may issue general guidelines for the purposes of this subsection, including guidelines as to the syllabus of a training programme, the development of a training programme, the nomination of training by specified bodies, either generally or in respect of specified courses, as suitable for inclusion in a training programme and expenditure in relation to attendance at specified training events.

(g) The Minister may make regulations—

(i) requiring attendance within a specified period by members of local authorities, or any class of such members, at training or development courses (otherwise than at his or her own expense) of a type necessary or appropriate for the members to attend so as to enable each such member to discharge his or her duties as a member of the local authority, joint board, committee of a local authority or member of another body to which section 141(1) relates, as the case may be,

(ii) providing for a reduction in remuneration or any allowances for expenses (including the amount of such reduction expressed as a percentage of specified remuneration or allowances for expenses, as the case may be) which would otherwise be payable to a member of a local authority by virtue of regulations under this section where such member fails to attend training or development courses which he or she is required to attend under regulations to which subparagraph (i) relates, and

(iii) providing for exceptional or compassionate grounds (either generally or by reference to specified types of circumstances) where a reduction to which subparagraph (ii) relates would not apply.”,

and

(e) by substituting the following for subsection (6):

“(6) A local authority shall comply with any guidelines issued under subsections (5) (g) and (5A)(f).”.

Section 54

Chief executive

54. (1) The Principal Act is amended by substituting the following for Chapter 2 of Part 14:

“Chapter 2

Position of Chief Executive

Position of chief executive

144. (1) For every county, city and city and county there shall be a chief executive to be known as ‘the Chief Executive of…….’ (followed by the name of the city council, county council or city and county council, as the case may be) who shall hold employment under the council concerned.

(2) Subject to section 16 of the Local Government Reform Act 2014, a person who was, immediately before the 2014 establishment day, a county manager or city manager shall, unless he or she was retiring or resigning with effect from the end of that day, continue in office and shall be referred to in accordance with subsection (1).

(3) (a) A reference in any enactment, however expressed, to a county manager or city manager shall, with effect to the 2014 establishment day, be read (other than in respect of a provision that was spent before that day or is in the nature of a transitional matter provided for by the Local Government Reform Act 2014) as a corresponding reference to a chief executive and, where the context permits or requires, includes a reference to the chief executive of a city and county council.

(b) Paragraph (a) does not apply to—

(i) the title of any Act,

(ii) the citation of an instrument made under any Act, or

(iii) the name of any organisation or body referred to in any enactment.

(4) Any function which immediately before the date of the commencement of section 54 of the Local Government Reform Act 2014 was, by virtue of any enactment a function of a city manager or a county manager shall, on and from that date, continue to vest in and be a function of the chief executive of the local authority concerned.

(5) The chief executive of a local authority shall by virtue of his or her position be the chief executive for every joint body whose functional area is wholly situated within such county.

(6) Where the functional area of a joint body extends into—

(a) two or more counties, or

(b) a city or a city and county and one or more counties,

then the chief executive of such county, city or city and county as the Minister shall by order appoint shall also be the chief executive for such joint body.

(7) The Minister may prescribe by regulations any body to be a joint body and any body so prescribed shall be a joint body for the purposes of this section.

(8) The position of chief executive is, subject to section 145, an office to which the Local Authorities (Officers and Employees) Act 1926, applies.

Appointment of chief executive

145. (1) The following are reserved functions—

(a) the appointment by a county council, city council or a city and county council of a chief executive under section 6 of the Local Authorities (Officers and Employees) Act 1926 (in this section referred to as the ‘Act of 1926’) by virtue of a recommendation of the Chief Executive of the Public Appointments Service, and

(b) the suspension or removal from employment of a chief executive in accordance with section 146.

(2) For the purposes of section 6 of the Act of 1926 a request shall be deemed to have been submitted in respect of the employment of a chief executive—

(a) in the case of a chief executive to whom section 147 applies—

(i) 6 months in advance of the expiration of the tenure period referred to in section 147(1), or

(ii) on the date that chief executive ceases to hold employment,

whichever is the earlier, and

(b) in any other case—

(i) 6 months in advance of the date that chief executive would attain the age-limit for his or her employment, or

(ii) on the date that chief executive ceases to hold employment,

whichever is the earlier.

(3) Where, as respects a county council, city council or city and county council, including a county council or city council in a group of authorities, a recommendation is made under section 6 of the Act of 1926 of a person for appointment as the chief executive, such council shall—

(a) within 3 months of the date of the recommendation meet and decide to appoint or not appoint as chief executive the person so recommended, and

(b) in the event of deciding not to approve the appointment, furnish to the recommended person the reasons for such decision.

(4) (a) The Minister may make regulations relating to the procedures to be followed by every local authority (including a county council or city council in a group of authorities)—

(i) when considering a recommendation made to it to which subsection (1)(a) relates, and

(ii) for the purposes of subsection (3),

and each such local authority shall comply with those regulations.

(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may provide for arrangements to be put in place and used in respect of the consideration of a recommendation made under section 6 of the Act of 1926, and for that purpose such arrangements may include—

(i) provisions for the purpose of a local authority seeking information from the recommended person in respect of his or her proposed appointment, the time periods within which—

(I) such information may be so sought, and

(II) further information may be so sought,

and the manner of the provision of such information to the local authority,

(ii) the manner of dealing with information, whether from the recommended person or otherwise, associated with such a recommendation,

(iii) the criteria to apply in respect of the consideration of such a recommendation,

(iv) the records to be maintained by a local authority in relation to the consideration of such a recommendation,

(v) the conducting otherwise than in public of any meeting, or part of a meeting, that considers or otherwise relates to such a recommendation, and

(vi) the keeping in a confidential manner of information obtained, whether from the recommended person or otherwise, and records maintained that relate to such a recommendation.

(c) In making regulations under paragraph (a), the Minister may have regard to and take account of any code of practice issued by the Commission for Public Service Appointments under section 23 of the Public Service Management (Recruitment and Appointments) Act 2004 in existence at the time of the making of the regulations that would relate (in whole or in part) to the selection process that precedes a recommendation to which subsection (1)(a) applies.

(5) Where, as respects a county council, city council or city and county council, including a county council or city council in a group of authorities, such council has decided to not appoint as chief executive the person recommended to which subsection (1)(a) relates, then, for the purposes of section 6 (other than subsection (4) ) of the Act of 1926, and notwithstanding the said subsection (4) or any other provision of this Act or any other enactment, a further request shall be deemed to have been submitted in respect of the employment of a chief executive.

(6) Where a position of chief executive becomes vacant the Minister shall appoint a person to be the chief executive temporarily until a permanent appointment to the position is made but such temporary appointment may be terminated by the Minister at any time.

(7) Section 5 of the Act of 1926 does not apply to the position of chief executive.

Suspension and removal of chief executive

146. (1) (a) Subject to this section, the elected council of a local authority may by resolution suspend or remove from employment the chief executive for such local authority for stated misbehaviour or if his or her suspension or removal appears to them to be necessary for the effective performance by the local authority of its functions.

(b) A copy of any resolution passed under this section shall be sent without delay to the Minister.

(2) Notice of the intention to propose a resolution under this section shall—

(a) be signed by at least one-third of the total number of members of the local authority concerned,

(b) contain a statement of the reasons for the proposed suspension or removal,

(d) specify a day for the holding of a special meeting to consider the proposed suspension or removal being a day which is not less than 21 days after the day on which the notice is delivered under paragraph (e),

(e) be delivered to the meetings administrator, and

(f) be delivered or sent to the chief executive concerned.

(3) The meetings administrator shall on receipt of a notice and without delay send a copy of it to every member of the local authority and convene a special meeting for the date so specified to consider the proposed suspension or removal.

(4) The chief executive may prepare a statement of response in relation to the proposed suspension or removal and such statement shall be sent to each member of the local authority concerned.

(5) It is necessary for the passing of a resolution under this section that—

(a) at least three-quarters of the total number of members of the local authority concerned vote in favour of the resolution, and

(b) the members of the council concerned shall have considered any statement prepared by the chief executive under subsection (4).

(6) A person who is suspended under this section may subsequently be removed from office in accordance with this section.

(7) (a) A chief executive shall not be removed under this section without the sanction of the Minister given under this subsection.

(b) The Minister may appoint a panel of 3 persons—

(i) to consider the removal of a chief executive the subject of a resolution under this section and the chief executive’s statement of response,

(ii) to recommend whether the Minister should give sanction to such removal, and

(iii) to make such other recommendations (if any) as the panel may consider appropriate in all the circumstances.

(d) A panel shall include a chairperson and 2 other persons having knowledge of or experience in local government, human resources or management.

(e) A sanction shall not be given under this subsection except by virtue of a recommendation under paragraph (b).

(8) The Minister may by regulations prescribe any matter of procedure for the purposes of this section.

Tenure of chief executive

147. (1) Notwithstanding any other enactment, a person appointed to a position of chief executive holds the employment unless he or she earlier dies, resigns or is removed, during whichever of the following tenure periods is the shorter—

(a) a period of such length as the Minister specifies by order,

(b) the period from the date of the appointment to the date on which he or she attains such age as the Minister specifies by order,

and on the expiration of that period he or she ceases to hold the employment.

(2) Notwithstanding any enactment (including subsection (1) ) or instrument made under such enactment, the tenure period of a chief executive referred to in subsection (1)(a) shall, subject to and in accordance with this section and with regulations made by the Minister for the purposes of this subsection, be extended where notification (in this section referred to as the ‘prescribed notification’)—

(a) is given by the chief executive to the Cathaoirleach of the local authority concerned, and

(b) is in the form prescribed by regulations made under this section, but in no case shall the tenure period as so extended exceed 10 years.

(3) On receipt of a prescribed notification the Cathaoirleach of the local authority concerned shall—

(a) inform the members of the local authority of it at the next meeting of that local authority, and

(b) transmit a copy of it to the Minister and to the chief executive of the Public Appointments Service.

(4) The Minister may make regulations for the purposes of subsection (2)and such regulations may provide for:

(a) the form of the prescribed notification;

(b) the period (in this section referred to as the ‘notification period’) within which a prescribed notification shall be given;

(d) the position of chief executive to which subsection (5) does not apply;

(e) the application of different periods for the purposes of paragraphs (b) and (c) to specified classes of chief executive.

(5) Subject to regulations made under subsection (4)(d) —

(a) a chief executive whose tenure period is extended under subsection (2) shall not apply for appointment to any position of chief executive during the period commencing on the date the chief executive gives a prescribed notification and ending on a date which is 6 months prior to the expiration of the extended tenure period (in this subsection referred to as the ‘exclusion period’), and

(b) notwithstanding section 6 of the Local Authorities (Officers Employees) Act 1926, a chief executive who has given a prescribed notification shall not be considered by the Public Appointments Service for selection for any position of chief executive during the exclusion period.

(6) (a) A notification period referred to in subsection (4) (b) shall be wholly within the tenure period.

(b) A prescribed notification for the purposes of this section which is given outside of the notification period is invalid.

(7) Where the tenure period of a chief executive stands extended in accordance with this section, such extended tenure period shall be the tenure period for the purposes of subsection (2) of section 145 and that section shall apply accordingly.

(8) The Local Government (Tenure of Office) Order 2000 (S.I. No. 221 of 2000) and the Local Government (Tenure of Office of Managers) Regulations 2000 (S.I. No. 219 of 2000) shall be deemed to have been made under subsections (1) and (4), respectively, and shall continue to have effect and may be amended or revoked accordingly.

(9) Nothing in this section operates to interfere with or alter the tenure of a chief executive—

(a) whose tenure is governed by an order under section 47 of the Local Government Act 1991 (in this subsection referred to as the ‘Act of 1991’), or

(b) whose tenure is governed by such an order and section 47A (inserted by section 1 of the Local Government Act 2000) of the Act of 1991,

notwithstanding the repeal by this Act of the Act of 1991 and of the Local Government Act 2000.

Deputy chief executive

148. (1) (a) A chief executive, following consultation with the Cathaoirleach of the local authority concerned may by order appoint an employee of that authority to be a deputy chief executive for the purposes of subsection (2) and may at any time terminate such appointment.

(b) An order under paragraph (a) may provide that where an appointee specified in the order is not available such other employee as may be so specified shall stand appointed as deputy chief executive for so long as the first-mentioned appointee is unavailable.

(c) An appointment under this subsection may be made by reference to a particular individual or to the holder for the time being of a particular employment.

(2) A deputy chief executive shall by virtue of this section act as and be the chief executive for the duration of any period which may arise from time to time (whether by way of vacation, illness or other reason) during which the chief executive is temporarily unable to act.

(3) (a) Where a chief executive has for any reason become temporarily unable to act and—

(i) has not made an appointment under subsection (1),

(ii) there is no subsisting appointment, or

(iii) the appointee is incapacitated or otherwise unable to act,

the Cathaoirleach of the local authority concerned may appoint an employee of the local authority to be deputy chief executive for the remainder of the duration of the inability of the chief executive to act and may at any time terminate such appointment.

(b) Notification of an appointment under subsection (1) or (3) shall be sent to the Minister and every member of every local authority concerned as soon as may be after the appointment is made.

(4) (a) The Minister may appoint an employee of a local authority to be deputy chief executive if a chief executive is for any reason temporarily unable to act and an appointment under subsection (1)or (3) is not for the time being in force.

(b) The Minister may at any time terminate an appointment to which paragraph (a) applies.

(5) A deputy chief executive shall act as and be the chief executive during the continuance of the inability of the chief executive to act or until—

(a) the appointment is sooner terminated under subsection (1), (3) or (4), or

(b) on account of the death, retirement, resignation or inability otherwise to act, of the deputy chief executive.

(6) A reference in any enactment including this Act to a chief executive shall be read as including a deputy chief executive acting as chief executive in accordance with this section.

Executive functions

149. (1) In this section—

‘elected council’ includes the members of a joint body;

‘local authority’ includes a joint body.

(2) In respect of each local authority for which he or she is chief executive, a chief executive is responsible for—

(a) the efficient and effective operation of each such local authority, and

(b) for ensuring under section 132 the implementation without undue delay of the decisions of the elected council.

(3) For the purposes of discharging the responsibilities set out under subsection (2), the chief executive shall—

(a) exercise and perform in respect of each local authority for which he or she is the chief executive, the executive functions of such local authority (including all functions in relation to the employees of each such local authority), and

(b) for that purpose carry on and manage and control generally the administration and business of the authority.

(4) Every function of a local authority which is not a reserved function is, for the purposes of this Act, an executive function of such local authority.

(5) All such matters and things, including the making of contracts and the affixing of the official seal, as are necessary for or incidental to the exercise or performance of the executive functions of a local authority shall, subject to this Act or any regulations made under it, be done by the chief executive for such local authority.

(6) Subject to law, the functions of a chief executive shall be performed in accordance with the policy of the local authority as determined by the elected council in accordance with Chapter 1 of this Part.

(7) The chief executive, in performing his or her functions in accordance with subsection (6), shall have regard to the views of the elected members of the council, expressed in any of the following ways:

(a) at a meeting of the council;

(b) at a meeting of the municipal district members;

(d) in responses in writing to any request for input to the development by the local authority of a new policy or an amendment of an existing policy.

(8) The chief executive shall, when requested by the elected council—

(a) report on the actions already taken and planned to be taken in exercise of his or her executive functions,

(b) review the implementation of, and any actions planned to implement, any executive function and report to the council in the matter.

Executive functions and shared services

149A. (1) In respect of executive functions of a local authority, where 2 or more local authorities agree, or had agreed before the commencement of this section, that, in the interests of efficiency and effectiveness, a specified executive function should be performed by one of them (in this subsection referred to as the ‘nominated local authority’) on behalf of the other local authority or local authorities (as the case may be), then the nominated local authority may perform, and be deemed always to have had the power to perform, the function on behalf of the other local authority or local authorities (as the case may be).

(2) Nothing in this section shall be read as affecting section 34(1)(aa) (inserted by the Waste Management (Amendment) Act 2001) of the Waste Management Act 1996.”.

(2) The amendments in Schedules 1 and 2, in so far as they relate to the chief executive, have effect for the purpose of supplementing subsection (1).

Section 55
Amendment of section 151 (chief executive acting by signed order, etc.) of Principal Act

55. Section 151 of the Principal Act is amended by substituting the following for subsection (7):

“(7) Every document claiming to be certified in writing—

(a) by a chief executive to be a true copy of an order made by a chief executive in accordance with this section, or

(b) by a delegated employee in accordance with section 154 to be a true copy of an order made by a delegated employee in accordance with that section,

shall—

(i) be received in evidence without proof of the signature of the person claiming so to certify or that such person was such chief executive or such delegated employee, as the case may be, and

(ii) until the contrary is proved, be deemed to be evidence of the contents of the order of which it claims to be a copy and of the fact that such order was duly made and signed by such chief executive in accordance with this section or by such delegated employee in accordance with section 154, as the case may be, on the date stated in the certified copy.”.

Section 56

Local authority associations

56. Section 225 of the Principal Act is amended—

(a) in subsection (3) by substituting the following for paragraphs (c) and (d):

“(c) the provision of policy support and other assistance to its constituent authorities as regards any matter relating to or that may relate to local government,

(d) the assessment of public policy as regards any matter relating to or that may relate to local government, and

(e) the provision of advice and the making of submissions to the Minister or other public authorities as regards such matters.”,

and

(b) by inserting the following after subsection (3):

“(3A) (a) Where an association of local authorities or, in the event that there is a single association, such association requests a meeting with the Minister in relation to activities under subsection (3), the Minister shall meet a delegation from the association, or hold a meeting to which paragraph (b) applies, at least once in every year.

(b) Where there is more than one association of local authorities in being at the time of a request or requests for a meeting with the Minister under this subsection is or are received, the Minister may require the meeting for the purposes of paragraph (a) to be a meeting with a joint delegation from those associations.”.

Section 57

Amendment of Schedule 10 (meetings and proceedings of local authorities) to Principal Act

57. Schedule 10 to the Principal Act is amended—

(a) in paragraph 3 by substituting the following for subparagraphs (1) and (2):

“(1) In every year in which a local election is held, the annual meeting of a local authority shall be held on the fourteenth day after the polling day or, where the poll is for any reason countermanded, interrupted or adjourned, after the day on which the poll is completed or the fresh poll is held.

(2) Where the fourteenth day referred to in subparagraph (1) is an excluded day, the meeting shall be held on the next following day which is not an excluded day.”,

(b) in paragraph 4 by substituting the following for subparagraph (4):

“(4) In the case of the annual meeting of a local authority in an election year the business to be transacted shall, subject to this paragraph, include—

(a) the consideration of the election, appointment or nomination of members of joint bodies or other bodies elected, appointed or nominated by such local authority, and

(b) fixing the day or days for the first meetings of the municipal district members for each of the municipal districts within the functional area of the local authority, so long as the day or days so fixed shall not be later than 10 days after that annual meeting of the local authority and not be an excluded day.”,

“5. A local authority shall hold its budget meeting in accordance with section 103 within the period directed by the Minister for the purposes of that section.”,

(d) in paragraph 13 by inserting the following after subparagraph (3):

“(4) Where at a meeting—

(a) it has been resolved in accordance with subparagraph (1) that a member leave a meeting and the chair adjourns the meeting under subparagraph (3) because the member refuses to leave, and

(b) it has been resolved by further resolution that the member was the cause of the meeting being so adjourned,

then any remuneration to, and any allowances for expenses incurred, by that member concerned, as provided for by regulations under section 142, shall be reduced for the period of 12 months (irrespective of whether or not a local election is to be held during that period) from the date of the meeting concerned as follows:

(i) on the first occasion of it being resolved that the member refused to so leave, 10 per cent;

(ii) on the next or subsequent occasions of it being so resolved and where paragraph (iii), (iv), (v) or (vi) does not apply, 10 per cent;

(iii) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (i)or (ii) relates, 30 per cent;

(iv) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (iii)relates, 50 per cent;

(v) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (iv)relates, 70 per cent;

(vi) on the next occasion of it being so resolved within 3 months of it being resolved in circumstances to which paragraph (v)relates, 90 per cent.

(5) (a) Where at a meeting—

(i) the resolutions referred to in clauses (a) and (b) of subparagraph (4) have been resolved, and

(ii) where, following the chair expressing the further opinion that the member has continued to be disorderly by disregarding the ruling of the chair, or by behaving irregularly, improperly or offensively, or by otherwise obstructing the business of the meeting and the chair has conveyed such further opinion to the members present by naming the member concerned, it has been resolved further by at least two-thirds of those present and voting, on a motion moved by the chair or any member (which motion, if seconded, shall have been put and determined without discussion) that for a specified period ‘the member stand suspended with immediate effect from all meetings of the local authority and any committee of the local authority, and all meetings of municipal district members’ and the period so specified is, subject to clause (c), for at least one month but does not exceed 3 months,

then the consequences provided for by subparagraph (4) shall not apply to the member concerned in relation to that suspension except and to the extent provided for by clause (g)in respect of any other suspension.

(b) Having regard to clause (f), the members of the local authority may, at any subsequent meeting during the period specified in the resolution under clause (a) (ii), pass a further resolution lifting the suspension, and the suspension shall be lifted with immediate effect.

(c) If, within a period of 3 months following the ending of a suspension in accordance with clause (a) or (b), further resolutions to which clause (a) relates are proposed to be adopted in respect of that member, then the period provided for in a resolution under clause (a) (ii) shall be at least 3 months but shall not exceed 6 months.

(d) Having regard to clause (f), a suspension under this subparagraph shall cease to have effect on the ordinary day of retirement.

(e) Where a resolution under clause (a) suspending a member has been passed, the member concerned shall not be entitled to attend, speak at or take any part in any meetings of the local authority and any committee of the local authority, and any meetings of municipal district members, and notwithstanding the provisions of paragraphs 6 and 7, shall not be entitled to present a request to the Cathaoirleach to require a special meeting of the local authority to be convened and shall not be entitled to receive any services in respect of meetings of the local authority or any committee of the local authority, or meetings of municipal district members, including the agenda and papers circulated to members, for the period specified in the resolution while it remains in force.

(f) No remuneration to, or allowances for expenses incurred, by the member concerned, as provided by regulations under section 142, shall be paid (irrespective of whether a local election is to be held during the period concerned) for the duration of the suspension to which clause (a) or (c) relates. Notwithstanding any lifting of a suspension in accordance with clause (b), or cessation of a suspension in accordance with clause (d), such lifting or cessation shall not have the effect of reducing the period in respect of which remuneration or allowances for expenses incurred are not to be paid as a consequence of the suspension.

(g) The suspension of remuneration or allowances for expenses incurred by virtue of clause (f) shall, during the suspension period specified in the resolution under this paragraph, supersede any reduction in remuneration or allowances for expenses that would, but for this clause, be incurred under subparagraph (4) but shall not affect any such reduction after the suspension period so specified.

(6) The chief executive, following consultation with the Cathaoirleach, may make such provision for the exclusion or, where necessary, the removal from any meeting of the local authority or any committee of the local authority, or meeting of municipal district members, of the member suspended in accordance with subparagraph (1) or (5) as appear necessary to the chief executive.”,

(e) in paragraph 15 by substituting “chief executive” for “manager”,

(f) in paragraph 17(1), by substituting “or, subject to any regulations made under section 44(3), a joint committee” for “or a joint committee”, and

(g) in paragraph 17, by inserting the following after subparagraph (1):

“(1A) In the application under subparagraph (1) of paragraph 13, nothing shall be read as enabling a committee of a local authority or a joint committee passing a resolution to suspend a person other than from the committee or joint committee itself.”.