The Chief Executive

Table of Contents

LOCAL GOVERNMENT ACT

Chapter 1

The Elected Council

Section 130

Policy role of elected council.

130.—It is a function of the elected council of a local authority to determine by resolution the policy of the local authority subject to and in accordance with this Act and the other enactments relating to that authority.

Section 131

Reserved functions.

131.—(1)(a) F184[Subject to section 131A, the elected council of a local authority or the members of a joint body shall] directly exercise and perform by resolution at a meeting of the local authority or body every function to which this section applies.

(b) The functions referred to in paragraph (a) shall be known as reserved functions of a local authority or of a joint body, as the case may be, and in this Act are referred to as “reserved functions”.

(2) This section applies to every function—

F184[(a) designated as a reserved function by any provision of the Local Government Acts 1925 to 2014 (including a designation by order under subsection (3)), a provision of any other Act that is to be construed together with those Acts, or as specified in Schedule 14 or, subject to section 131B(1), Schedule 14A,]

(b) designated as a reserved function by any provision of any other enactment relating to a local authority or joint body;

(c) expressly made exercisable by resolution under this Act or under any other enactment relating to a local authority or joint body which was enacted after the 13th day of June, 1940.

(3)(a) The Minister may by order designate a specified function of local authorities or joint bodies to be a reserved function and for so long as an order is in force the function is a reserved function.

(b) Any order made under subsection (2) of section 41 of the Local Government Act, 1991, or continued in force by subsection (5) of that section shall continue in force as if made under this subsection and may be amended or revoked accordingly.

F185[(c) An order under paragraph (a) may provide that a specified function designated by such order to be a reserved function may be performed, or shall be performed, as provided in the order, in respect of each municipal district in the county or the city and county, as the case may be, by the municipal district members concerned, subject to the provisions of subsections (4) to (6) of section 131A.]

(4) Any reference to a reserved function in respect of a local authority or joint body in any enactment enacted before the commencement of this provision or to a function exercisable by resolution to which subsection (2)(c) applies shall be read as a reference to a reserved function for the purposes of this Act.

(5) For the purposes of this section “function” does not include a function relating to the employees of a local authority or joint body or the direction, supervision, service, remuneration or discipline of such employees or any of them, other than a function referred to in section 145(1).

Annotations

Amendments:

F184
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(2)(a), (b), S.I. No. 214 of 2014.

F185
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(2)(c), S.I. No. 214 of 2014.

Section 131A
F186[

Performance of reserved functions in respect of municipal district members

131A.—(1) Subject to subsection (4), in respect of the elected council of a local authority that is the council of a county (other than the council of a county to which section 22A(4) relates) or of a city and county, a reserved function which is specified in—

(a) paragraphs 1 and 3 (other than in respect of a joint body) of Schedule 14 and Part 1 of Schedule 14A shall be performed in respect of each municipal district within the administrative area of the local authority by the municipal district members concerned, and

(b) paragraphs 5, 6 or 7 of Schedule 14 and Part 2 of Schedule 14A, may be performed in respect of a municipal district within the administrative area of the local authority by—

(i) the municipal district members, or

(ii) the local authority.

(2)(a) In addition to the functions referred to in subsection (1), a local authority that is the council of a county or a city and county may, subject to paragraph (e), by resolution delegate with or without restrictions to the municipal district members for any municipal district in the area of the local authority any of its functions that may be performed by resolution and a function so delegated shall, accordingly, be performed in respect of each such municipal district in the administrative area of the local authority (or any part of such district) by the municipal district members concerned.

(b) A local authority may, following consultation with the municipal district members concerned, by resolution, revoke the delegation by it under this subsection of a function, but the revocation is without prejudice to anything previously done by virtue of the delegated function.

(i) by a committee established under section 51, and

(ii) by municipal district members under this subsection.

(d) A resolution of a local authority delegating or revoking the delegation of a function to municipal district members shall not be treated as having been passed unless at least a half of the total number of members of the local authority concerned vote in favour of the resolution.

(e) A local authority shall not delegate any of its functions to which subparagraphs (i) to (iv) of section 51(2)(a) relates to the municipal district members.

(3) The functions, by virtue of subsection (2)(a), of municipal district members shall not be delegated by the municipal district members.

(4) Municipal district members may by resolution decide, subject to the approval by resolution of the local authority and the approval of the Minister, that a particular function to which subsection (1) relates should be performed only by the local authority.

(5)(a) The Minister may make regulations specifying conditions, restrictions, procedures or other provisions to apply—

(i) generally in relation to the performance of functions to which subsections (1) and (2) relate,

(ii) specifically in relation to performance of one or more than one function to which any of those sections relate,

(iii) in relation to the delegation of functions or the revocation of a delegation of functions under subsection (2), or

(iv) in relation to a decision under subsection (4).

(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may provide for any of the following:

(i) requirements for the purpose of ensuring that municipal district members performing functions do so in a manner consistent with the policies, strategies, programmes or plans of the local authority concerned;

(ii) requirements for the purpose of ensuring the avoidance of unnecessary duplication in the performance of functions between the municipal district members for each of the municipal districts in a local authority area or between the municipal district members and the local authority for that area;

(iii) that specified functions may not be delegated under subsection (2), or may only be delegated with the approval of the Minister;

(iv) that, in circumstances provided for in the regulations, a local authority may perform a specified delegated function in place of the municipal district members in a particular case or occasion;

(v) arrangements for the resolution of any difference or disagreement between a local authority and the municipal district members in relation to the performance of a function which is specified in paragraphs 5, 6 or 7 of Schedule 14 or Part 2 of Schedule 14A;

(vi) that a particular function set out in paragraphs 5, 6 or 7 of Schedule 14 or Part 1 or 2 of Schedule 14A shall only be performable in every instance by the local authority concerned;

(vii) provisions to determine whether a function specified in paragraphs 5, 6 or 7 of Schedule 14 and Part 2 of Schedule 14A should, in particular circumstances be performed by municipal district members or by the local authority.

(6) The Minister may issue general policy guidelines to local authorities for the purposes of any provision of this section (including any regulations made under it) and each local authority shall comply with any such guidelines.]

Annotations

Amendments:

F186
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(3), S.I. No. 214 of 2014.

Editorial Notes:

E252
Power pursuant to subs. (5) exercised (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014), in effect as per reg. 2.

Section 131B
F187[

Supplemental provisions to section 131 and 131A

131B.— (1) For the purposes of sections 131 and 131A, and for convenience of reference only, there is set out in column (3) of Parts 1, 2 and 3 of Schedule 14A the provisions of enactments under which reserved functions are conferred.

(2) The validity of any function conferred on a local authority by law is not affected by the fact that it is not specified in Schedule 14 or 14A.]

Annotations

Amendments:

F187
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(3), S.I. No. 214 of 2014.

Section 132

Reserved functions: duty of manager.

F188[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.]

Annotations

Amendments:

F188
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 47, S.I. No. 214 of 2014.

Section 133

Corporate policy group.

133.—F189[(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.]

(2)(a) The policy group may advise and assist the elected council in the formulation, development, monitoring and review of policy for the local authority and for that purpose propose arrangements for the consideration of policy matters and the organisation of related business by the elected council.

(b) The policy group may make proposals for the allocation of business as between strategic policy committees and for the general co-ordination of such business.

F190[(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.]

(c) Nothing in this subsection prevents the submission of a report by a strategic policy committee directly to the elected council.

(3) The F191[chief executive] shall prepare the corporate plan for the local authority in consultation with the policy group in accordance with section 134.

(4)(a) The F191[chief executive] shall consult the policy group in the preparation of the local authority’s draft budget and the policy group may for that purpose avail of the assistance of not more than 3 additional persons, who are not members of the authority.

(b) The additional persons referred to in paragraph (a) shall be persons who in the opinion of the policy group have financial, organisational or other knowledge or experience likely to be of special relevance to the policy group’s consideration of the authority’s draft budget.

(5)(a) The policy group may request the F191[chief executive] to provide a report to the policy group on any matter or thing related to a function of the local authority and specified by the policy group and, subject to paragraph (b), the F191[chief executive] shall provide such report.

(b) A F191[chief executive] shall provide such a report in so far as compliance with such request would not—

(i) duplicate a similar request by the elected council or a direction under section 138(2), or

(ii) be contrary to law.

(6)(a) Where the policy group requests a report under subsection (5), the Cathaoirleach may at the time of such request by direction in writing signed and dated by him or her and given to the F191[chief executive] require the F191[chief executive] to refrain from doing any particular act, matter or thing related to the subject matter of the report and specifically mentioned in the direction and which the local authority or F191[chief executive] concerned can lawfully refrain from doing.

(b) Subject to paragraph (c), a direction under paragraph (a) shall continue to have effect, unless withdrawn, until the next meeting of the local authority and may be extended by resolution at that meeting and where not so extended ceases to have effect.

(c) A direction under paragraph (a) (whether extended under paragraph (b) or not) shall not in any case have effect for longer than 3 months and shall cease to have effect on the expiration of 3 months after the date on which it is given, unless it is earlier withdrawn or has ceased to have effect under paragraph (b).

(d) Where a direction ceases to have effect a similar direction or a direction of substantially like effect in relation to the act, matter or thing in question may not be given.

(e) The F191[chief executive] shall comply with a direction duly and lawfully given under this subsection.

(7) Nothing in this section shall prejudice a local authority in carrying out at any time any function which a local authority or F191[chief executive] is required by or under statute or by order of a court to carry out and any direction claiming to be given under subsection (6) which contravenes this subsection is invalid.

(8) Nothing in this section prejudices or derogates from the functions conferred on an elected council by this or any other enactment.

(9) Nothing in this section prevents the F191[chief executive] from dealing immediately with any situation which he or she considers is an emergency situation calling for immediate action and section 138(5) applies for the purposes of this subsection.

F192[(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.]

Annotations

Amendments:

F189
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 48(a), S.I. No. 214 of 2014.

F190
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 48(b), S.I. No. 214 of 2014.

F191
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 80-87, S.I. No. 214 of 2014.

F192
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 48(c), S.I. No. 214 of 2014.

Section 134

Corporate plan.

134.—(1) In this section, except where the context otherwise requires—

F193[…]

“specified period” means a period not longer than 6 months from—

(a) in a local election year, the date of the annual meeting,

(b) in the case of a review, the date of a resolution or the date of a request under subsection (8).

(2) Within the specified period and in accordance with this section, every local authority shall prepare a statement of strategy for the local authority (in this section referred to as a “corporate plan”).

(3) The F194[chief executive] shall—

(a) prepare the corporate plan in consultation with the policy group,

(b) fix a schedule of meetings for that purpose, and

(c) provide such assistance (including assistance by way of consultancy or otherwise) as may be practicable to assist in the preparation of the corporate plan and in its consideration by the policy group.

(4)(a) It is the responsibility and the duty of the policy group and of the F194[chief executive] to take all such steps as are necessary to ensure that the corporate plan is submitted to the elected council for approval within the specified period.

(b) Where the corporate plan is not submitted in accordance with paragraph (a)—

(i) the Cathaoirleach shall convene a special meeting within 14 days of the expiration of such period, and

(ii) the Cathaoirleach and the F194[chief executive] shall make a joint submission to the elected council at the special meeting outlining the steps to be taken to ensure its completion and when it is proposed to submit the corporate plan to the elected council.

(5)(a) The elected council shall consider the corporate plan submitted in accordance with subsection (4) and may make such amendments as it considers appropriate and shall approve it with or without amendments.

(b) Where the corporate plan is not approved in accordance with paragraph (a) within the period of 2 months from the date of its submission to the elected council, it shall be deemed to be approved on the expiration of that period, subject to any amendments—

(i) made to it under paragraph (a) within that period, or

(ii) which are otherwise necessary or consequential and which the F194[chief executive] may make within 2 weeks after the expiration of that period.

(6) The corporate plan shall be prepared on the basis of an organisational wide strategic approach encompassing the various activities of the local authority concernedF195[, including activities relating to functions of municipal district members for each municipal district,] and shall include—

(a) a statement of the principal activities of the local authority,

(b) the objectives and priorities for each of the principal activities and strategies for achieving those objectives,

(c) the manner in which the authority proposes to assess its performance in respect of each such activity, taking account of relevant service indicators and of the need to work towards best practice in service delivery and in the general operation of the local authority,

(d) human resources activities (including training and development) to be undertaken for the staff of the local authority and, where appropriate for the elected council,

(e) the organisational structure of the local authority, both elected council and staff, including corporate support and information technology and the improvements proposed to promote efficiency of operation and customer service and in general to support the corporate plan,

F195[(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),]

(f) such other matters as may be set out in guidelines issued under subsection (10) for the purposes of this section.

(7) In preparing its corporate plan a local authority shall take account of such policies and objectives in relation to any of its functional programmes as are set out in any other plan, statement, strategy or other document prepared by it under any other provision of this or of any other enactment and shall comply with sections 69, 71 and 129.

(8)(a) A local authority may at any time decide by resolution to review its corporate plan and subsections (3) to (7) shall apply in relation to any such review.

(b) If requested by the Minister, a local authority shall carry out a review and following such review may make any amendments or a new corporate plan and subsections (3) to (7) shall apply in relation to any such review.

(9) The approval of the corporate plan, with or without amendments, is a reserved function.

(10)(a) From time to time the Minister may issue guidelines in connection with the preparation of corporate plans by local authorities for the purposes of this section and local authorities shall have regard to such guidelines.

(b) F196[…]

(c) Any guidelines issued by the Minister in relation to the preparation of corporate plans by local authorities which are current on the date of the commencement of this provision shall be deemed to have issued in accordance with this section.

(d) Any corporate plan which is in the process of being adopted by a local authority immediately before the issue of guidelines referred to in paragraph (c) shall be deemed to have been adopted with due regard to those guidelines.

(11)(a) The F194[chief executive] shall prepare an annual progress report in respect of the local authority’s corporate plan and such report shall be submitted to the elected council—

(i) at the same time as the authority’s draft budget, or

(ii) at such other time as the elected council may by resolution decide.

(b) Details of the annual progress report shall be recorded in the local authority’s annual report.

Annotations

Amendments:

F193
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 49(a), S.I. No. 214 of 2014.

F194
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 88-92, S.I. No. 214 of 2014.

F195
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 49(b), (c), S.I. No. 214 of 2014.

F196
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 49(d), S.I. No. 214 of 2014.

Section 134A
F197[

Local authority service delivery plans

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.]

Annotations

Amendments:

F197
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 50, S.I. No. 214 of 2014.

Section 135

Report on capital programme.

135.—(1) Before the start of each local financial year the F198[chief executive] shall prepare and submit to the elected council a report indicating the programme of capital projects proposed by the local authority for the forthcoming and the following two local financial years having regard to the availability of resources.

(2) A report prepared under subsection (1) may be considered at the local authority budget meeting or at such other meeting as the elected council may by resolution decide.

(3) In considering the question of the resources likely to be available to it a local authority shall so consider—

(a) on the basis of a realistic and prudent assessment of the position, and

(b) on the basis of the information available to it at the time and having regard to the measures proposed by the authority to raise funding itself.

Annotations

Amendments:

F198
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 93, S.I. No. 214 of 2014.

Section 136

Furnishing of information to elected council.

F199[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.]

Annotations

Amendments:

F199
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 51, S.I. No. 214 of 2014.

Editorial Notes:

E253
Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 94 provides for the substitution of “chief executive” for “manager”. This amendment is obsolete as the entire section has been substituted by Local Government Reform Act 2014 (1/2014), s. 51, as per F-note above.

Section 137

Plans, specifications to be prepared for elected council.

137.—(1) The elected council or a joint body may at any time by resolution require the F200[chief executive] for the local authority or joint body concerned to prepare and submit to the elected council or joint body, as the case may be—

(a) plans and specifications for the execution of any particular work specified in the resolution which can lawfully be executed by the local authority or joint body, and

(b) an estimate of the probable cost of the execution of such work.

(2) Whenever the elected council or joint body passes a resolution to which subsection (1) relates, the F200[chief executive] concerned shall, as soon as conveniently may be, prepare and submit to the elected council or joint body, plans and specifications and an estimate in accordance with the resolution.

Annotations

Amendments:

F200
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 95-96, S.I. No. 214 of 2014.

Section 138

Prior information to elected council.

138.—(1) The F201[chief executive] shall inform the elected council or joint body concerned—

(a) before any works (other than works of maintenance or repair) of the local authority or joint body concerned are undertaken, or

(b) before committing the local authority or joint body concerned to any expenditure in connection with proposed works (other than works of maintenance or repair).

(2) Subject to this section, an elected council or joint body may by resolution direct that, before the F201[chief executive] performs any specified executive function of the local authority or joint body, he or she shall inform the elected council or joint body, as the case may be, of the manner in which he or she proposes to perform that function, and the F201[chief executive] shall comply with the resolution.

(3) A resolution under subsection (2) may relate to any particular case or occasion or to every case or occasion of the performance of the specified executive function and may define what information is to be given and how and when it is to be given and the F201[chief executive] shall comply with the resolution.

(4) Nothing in this section prevents the F201[chief executive] from dealing immediately with any situation which he or she considers is an emergency situation calling for immediate action without regard to subsections (1) to (3).

(5) Without prejudice to the generality of subsection (4), an emergency situation for the purpose of that subsection shall be deemed to include a situation where, in the opinion of the F201[chief executive], the works concerned are urgent and necessary (having regard to personal health, public health or safety considerations) in order to provide a reasonable standard of accommodation for any person.

Annotations

Amendments:

F201
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 97-101, S.I. No. 214 of 2014.

Modifications (not altering text):

C40
Application of section restricted (8.03.2023) by Planning and Development Act 2000 (30/2000), s. 179A(4) as inserted by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 14, S.I. No. 107 of 2023, art. 2.

[Local authority own housing development

179A. …

(4) Sections 138, 139 and 140 of the Local Government Act 2001 shall not apply in respect of development to which this section applies.

…]

Section 139

Direction that works not proceed.

139.—(1) Where the elected council or joint body is informed in accordance with section 138 of any works (not being any works which the local authority or joint body are required by or under statute or by order of a court to undertake), the elected council or joint body, as the case may be, may by resolution, direct that those works shall not proceed.

(2) The F202[chief executive] shall comply with a resolution of an elected council or joint body duly and lawfully passed under this section.

Annotations

Amendments:

F202
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 102, S.I. No. 214 of 2014.

Modifications (not altering text):

C41
Application of section restricted (8.03.23) by Planning and Development Act 2000 (30/2000), s. 179A(4) as inserted by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 14, S.I. No. 107 of 2023, art. 2.

Local authority own housing development

[179A. …

(4) Sections 138, 139 and 140 of the Local Government Act 2001 shall not apply in respect of development to which this section applies.

…]

Editorial Notes:

E254
Previous affecting provision: application of section restricted by Water Services Act 2007 (30/2007), s. 36(5)(b), not commenced; repealed (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 4(1), S.I. No. 575 of 2013.

Section 140

Requirement that a particular thing be done.

140.—(1) In this section “local authority” includes a joint body.

(2) Subject to this section, an elected council or joint body may by resolution require any particular act, matter or thing specifically mentioned in the resolution and which the local authority or the F203[chief executive] concerned can lawfully do or effect, to be done or effected in the performance of the executive functions of the local authority.

(3) Notice of the intention to propose a resolution under this section shall be given in writing to the F203[chief executive] and the notice—

(a) shall be signed by F204[at least 2 members],

(b) shall contain the text of the proposed resolution, and

(c) may require that the proposed resolution be considered at a special meeting and shall then specify a day (F204[not less than 5 days] after the day on which the notice is received by the F203[chief executive]) for the holding of the special meeting.

(4) A resolution under this section shall not be considered at a meeting of the local authority which is held F204[less than 5 days] after the day on which the F203[chief executive] received the relevant notice under subsection (3).

(5) Where the F203[chief executive] receives a notice under subsection (3), he or she shall, as soon as possible, send a copy of the notice to every member of the local authority and, if the notice requires a special meeting and subsection (6) does not apply, a special meeting of the local authority shall be convened for the day specified in that behalf in the notice.

(6) Where a notice under subsection (3) specifies a day for the holding of a special meeting, and an ordinary meeting of the local authority is to be held on a day within the period of 14 days after the day on which the F203[chief executive] receives the notice, the resolution shall be considered at that ordinary meeting and a special meeting shall not be convened.

(7) Without prejudice to any other relevant requirements, it is necessary for the passing of a resolution under this section that at least one-third of the total number of members of the local authority concerned vote in favour of the resolution.

(8) A motion to pass a resolution under this section shall be considered before any other business at the meeting, other than—

(a) the election of a Cathaoirleach at any meeting where that office falls to be filled in accordance with Part 5, or

(b) any other business which the elected council or joint body may decide should take precedence.

(9) Where a resolution is duly and lawfully passed under this section, and if and when and in so far as money for its purpose is or has been provided, the F203[chief executive] shall cause the act, matter or thing mentioned in the resolution to be implemented.

(10) A resolution under this section does not apply or extend—

(a) to the performance of any function of a local authority generally,

F205[(aa) to the performance of any function, the doing of any act or the making of any decision under or for the purposes of the Local Government Act 2019,]

(b) to every case or occasion of the performance of any such function or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which any such function is performed,

(c) to every case or occasion of the performance of any such function in a particular area or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which any such function is performed in that area, F206[…]

F207[(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.]

and any resolution claiming to be passed under this section which contravenes this subsection is void.

(11) This section is without prejudice to section 34 of the Act of 2000 insofar as the said section 34 applies to notices under subsection (3) and resolutions referred to in subsection (7).

Annotations

Amendments:

F203
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 103-108, S.I. No. 214 of 2014.

F204
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 52(a)-(c), S.I. No. 214 of 2014.

F205
Inserted (31.01.2019) by Local Government Act 2019 (1/2019), s. 35(c), S.I. No. 20 of 2019.

F206
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 52(d), S.I. No. 214 of 2014.

F207
Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 52(d), S.I. No. 214 of 2014.

Modifications (not altering text):

C42
Application of section restricted (8.03.2023) by Planning and Development Act 2000 (30/2000), s. 179A(4) as inserted by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 14, S.I. No. 107 of 2023, art. 2.

Local authority own housing development

[179A. …

(4) Sections 138, 139 and 140 of the Local Government Act 2001 shall not apply in respect of development to which this section applies.

…]

Editorial Notes:

E255
Local Government Reform Act 2014 (1/2014), s. 36(4) provides for the amendment of subs. (10) in the manner set out in sch. 1 of that Act, but no amendment is listed in the schedule.

E256
Previous affecting provision: application of section restricted by Water Services Act 2007 (30/2007), s. 36(5)(b), (16), not commenced; repealed (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 4(1), S.I. No. 575 of 2013.

Section 141

Duty of members appointed to other bodies.

141.—(1) Where one or more than one member of a local authority is elected, appointed or nominated by that authority to another body, whether established by or under statute or otherwise, it is the duty of that member or members to represent the local authority and to present a report to it on the activities and operation of that body—

(a) annually, or

(b) at any other time, if so requested by resolution or by the Cathaoirleach.

F208[(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) Every report to which subsection (1) relates shall be presented by the member or members concerned to a meeting of the local authority.

(3) Nothing in this section requires the disclosure of information to the authority which is confidential or which could not otherwise be disclosed.

(4) This section also applies to any person who holds membership of a body, by virtue of being Cathaoirleach or any other member of a local authority.

Annotations

Amendments:

F208
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(1), S.I. No. 214 of 2014.

Section 142

Members’ expenses, remuneration, etc.

142.—(1) The Minister may by regulations, made with the consent of the Minister for Finance, provide for the payment by a local authority of allowances for expenses incurred by its members in connection with—

F209[(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;]

(d) any other specified matter.

(2) Regulations under this section may also provide for—

(a) the payment of remuneration to members or to Cathaoirligh of specified classes of local authorities, or

(b) subject to subsection (4)(i), the making of superannuation arrangements in respect of members of specified classes of local authorities.

(3) Any payments referred to in subsection (1) or (2) are subject to and shall be made in accordance with regulations made under this section.

(4) Regulations under this section may provide for—

(a) an annual amount in respect of remuneration in such cases as may be specified;

(b) a composite annual allowance in respect of attendances at meeting referred to in subsection (1)(a) and at such events or other matters as may be specified;

(c) arrangements to apply as regards the authorisation under subsection (5) by the local authority of attendances to which that subsection applies;

(d) conditions, restrictions or other requirements to apply in relation to allowances, remuneration or superannuation and the making of payments (including the abatement or reduction in whole or in part of allowances or remuneration in specified circumstances or for specified persons in receipt of allowances or remuneration provided by a public authority or otherwise from public funds);

(e) the furnishing of specified information to a local authority for the purposes of this section;

(f) the payment of allowances to persons who are not members of a local authority;

(g) a public register of attendances and payments to which this section and section 143 relate;

F210[(ga) a public register of all attendances and payments to which section 141 relates;]

(h) deductions from payments referred to in subsection (1) or (2) for such matters as may be specified;

(i) the approval of the Minister, given with the consent of the Minister for Finance, to such arrangements for superannuation purposes as may be specified;

(j) the giving of directions from time to time in relation to any matter the subject of such regulations;

(k) any other matters which appear to the Minister to be necessary or expedient for the purposes of this section.

(5)(a) This subsection applies to a conference, seminar F211[…] or other meeting or event held, whether within or outside the State, for the purpose of discussing, obtaining or imparting information 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 represent the authority at a meeting or event 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 by reference 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).

F212[(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.]

F213[(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.]

F214[(6) A local authority shall comply with any guidelines issued under subsections (5) (g) and (5A)(f).]

(7) A local authority of a class specified for the purposes of subsection (2) may, in relation to its members or a class or classes of its members and subject to regulations under this section, make provision in relation to the superannuation of its members or in relation to the superannuation of a class or classes of its members.

(8) Regulations made under section 51 of the Local Government Act, 1991, and in force at the commencement of this provision shall continue in force and have effect as if made under this section and may be amended or revoked accordingly.

Annotations

Amendments:

F209
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(a), S.I. No. 214 of 2014.

F210
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(b), S.I. No. 214 of 2014.

F211
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(c), S.I. No. 214 of 2014.

F212
Substituted and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(c), S.I. No. 214 of 2014.

F213
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(d), S.I. No. 214 of 2014.

F214
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 53(2)(e), S.I. No. 214 of 2014.

Editorial Notes:

E257
Power pursuant to section exercised (13.09.2023) by Local Government Act 2001 (Section 142) (Security Allowance for Local Authority Members) Regulations 2023 (S.I. No. 449 of 2023), in effect as per reg. 2.

E258
Power pursuant to section exercised (10.08.2023) by Local Government Act 2001 (Section 142) (Allowance for Maternity – Related Administrative Support) Regulations 2023 (S.I. No. 404 of 2023), in effect as per reg. 2.

E259
Power pursuant to section exercised (1.07.2021) by Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021), in effect as per reg. 2.

E260
Power pursuant to section exercised (1.07.2021) by Local Government (Remuneration of Local Authority Members) Regulations 2021 (S.I. No. 312 of 2021), in effect as per reg. 2.

E261
Previous affecting provision: power pursuant to section exercised (10.11.2017) by Local Government (Expenses of Local Authority Members) (Amendment) Regulations 2017 (S.I. No. 494 of 2017); revoked (1.07.2021) by Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021), reg. 18, in effect as per reg. 2.

E262
Previous affecting provision: power pursuant to section exercised (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), in effect as per reg. 3; revoked (1.07.2021) by Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021), reg. 18, in effect as per reg. 2.

E263
Previous affecting provision: power pursuant to section exercised (1.06.2014) by Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014), in effect as per reg. 3; revoked (1.07.2021) by Local Government (Remuneration of Local Authority Members) Regulations 2021 (S.I. No. 312 of 2021), reg. 10, in effect as per reg. 2.

E264
Power pursuant to section exercised (6.06.2002) by Local Authority Members (Gratuity) Regulations 2002 (S.I. No. 281 of 2002), as amended (23.07.2002) by Local Authority Members (Gratuity) (Amendment) Regulations 2002 (S.I. No. 378 of 2002), and as amended (11.07.2003) by Local Authority Members (Gratuity) (Amendment) Regulations 2003 (S.I. No. 302 of 2003), and as amended (19.12.2006) by Local Authority Members (Gratuity) (Amendment) Regulations 2006 (S.I. No. 674 of 2006).

E265
Previous affecting provision: power pursuant to section exercised (1.01.2002) by Local Government (Representational Payment For Members) Regulations 2001 (S.I. No. 552 of 2001), as amended (6.06.2002) by Local Authority Members (Gratuity) Regulations 2002 (S.I. No. 281 of 2002), reg. 2 and as amended (1.06.2014) by Local Government (Representational Payment For Members) (Amendment) Regulations 2014 (S.I. No. 235 of 2014), in effect as per reg. 3; revoked (1.07.2021) by Local Government (Remuneration of Local Authority Members) Regulations 2021 (S.I. No. 312 of 2021), reg. 10, in effect as per reg. 2.

E266
Previous affecting provision: power pursuant to section exercised (5.02.2010) by Local Government Act 2001 (Section 142) Regulations 2010 (S.I. No. 37 of 2010); revoked (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), reg. 18, in effect as per reg. 3.

E267
Previous affecting provision: power pursuant to section exercised (1.01.2007) by Local Government (Expenses of Local Authority Members) Regulations 2006 (S.I. No. 668 of 2006); revoked (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), reg. 18, in effect as per reg. 3.

Section 143

Allowance for Cathaoirleach and Leas-Chathaoirleach.

143.—(1) (a) A local authority may pay an allowance for reasonable expenses to its Cathaoirleach.

(b) A local authority may pay an allowance for reasonable expenses to its Leas-Chathaoirleach.

(2) A decision to pay an allowance under subsection (1) and the determination of the amount of the allowance is a reserved function.

(3) (a) After consultation with the Minister for Finance, the Minister may issue directions to local authorities or specified classes of local authorities for the purposes of this section.

(b) Without prejudice to paragraph (a), directions may specify—

(i) particular considerations to which the local authority shall have regard, and

(ii) the maximum amounts of the allowances payable under this section, including different amounts for different classes of local authorities.

Annotations

Modifications (not altering text):

C43
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. 12, in effect as per reg. 3.

Payment of an allowance for reasonable expenses of a Cathaoirleach.

12. The provisions of section 143 of the Act shall apply to the payment of an allowance for the reasonable expenses of a Cathaoirleach of municipal district members with the following modifications:—

(a) as if, in subsection (1), the references to “a local authority” were a reference to “municipal district members” and the references to “its” were references to “their”,

(b) the reserved function specified in subsection (2) is a reserved function of the municipal district members concerned, and

(c) as if, in subsection (3), the references to “local authorities” and to “local authority” were references to “municipal district members”.

Editorial Notes:

E268
Power pursuant to section exercised (1.07.2021) by Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021), in effect as per reg. 2.

E269
Previous affecting provision: power pursuant to section exercised (1.06.2014) by Local Government (Expenses of Local Authority Members) Regulations 2014 (S.I. No. 236 of 2014), in effect as per reg. 3; revoked (1.07.2021) by Local Government (Expenses of Local Authority Members) Regulations 2021 (S.I. No. 313 of 2021), reg. 18, in effect as per reg. 2.

Chapter 2

Position of Chief Executive

Section 144

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.]

Annotations

Amendments:

F215
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 54(1), S.I. No. 214 of 2014.

Modifications (not altering text):

C44
Certain offices created under section abolished (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 16(5), S.I. No. 214 of 2014.

Provisions relating to management of amalgamated local government areas

16. …

(5) On the 2014 establishment day each of the following shall be abolished and cease to exist:

(a) the office of manager for Limerick County and Limerick City and the office of manager for North Tipperary County and South Tipperary County created by paragraphs (a) and (b), respectively, of section 144(1A) (inserted by the Local Government (Miscellaneous Provisions) Act 2012) of the Principal Act, and

(b) the office of manager for Waterford County and Waterford City created by section 144(1A)(c) (inserted by the Electoral, Local Government and Planning and Development Act 2013) of the Principal Act.

Editorial Notes:

E270
Existing managers of Limerick County and City, North and South Tipperary and Waterford County and City continued as chief executives under Part 14 Chapter 2 (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 16(2)-(4), S.I. No. 214 of 2014.

E271
Previous affecting provision: subs. (1A)(c) inserted (2.01.2014) by Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 29, S.I. No. 584 of 2013; section substituted as per F-note above.

E272
Previous affecting provision: power pursuant to subs. (1B) exercised (2.01.2014) by Local Government Act 2001 (Specified Council) (Waterford) Order 2013 (S.I. No. 582 of 2013), in effect as per art. 2; ceased on deletion of its enabling provision as per F-note above, subject to continuation as necessary by Local Government Law Reform Act 2014 (1/2014), s. 2(1), commenced (30.01.2014) by S.I. No. 38 of 2014.

E273
Previous affecting provision: subss. (1A)(b) inserted (16.11.2013) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 16(b), S.I. No. 431 of 2013; section substituted as per F-note above.

E274
Previous affecting provision: power pursuant to subs. (1B) exercised (16.11.2013) by Local Government Act 2001 (Specified Council) (Tipperary) Order 2013 (S.I. No. 430 of 2013); ceased on deletion of its enabling provision as per F-note above, subject to continuation as necessary by Local Government Law Reform Act 2014 (1/2014), s. 2(1), commenced (30.01.2014) by S.I. No. 38 of 2014.

E275
Previous affecting provision: subs. (1) substituted (15.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 16(a), S.I. No. 292 of 2012; section substituted as per F-note above.

E276
Previous affecting provision: subss. (1A)(a) and (1B) inserted (15.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 16(b), S.I. No. 292 of 2012; section substituted as per F-note above.

E277
Previous affecting provision: power pursuant to subs. (1B) exercised (15.08.2012) by Local Government Act 2001 (Specified Council) (Limerick) Order 2012 (S.I. No. 271 of 2012); ceased on deletion of its enabling provision as per F-note above, subject to continuation as necessary by Local Government Law Reform Act 2014 (1/2014), s. 2(1), commenced (30.01.2014) by S.I. No. 38 of 2014.

Section 145
F216[

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.]

Annotations

Amendments:

F216
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 54(1), S.I. No. 214 of 2014.

Editorial Notes:

E278
Power pursuant to section exercised (18.12.2014) by Local Government (Appointment of Chief Executive) Regulations 2014 (S.I. No. 589 of 2014).

E279
Previous affecting provision: power pursuant to subs. (3A) exercised (2.01.2014) by Local Government Act 2001 (Appointment of Manager) (Waterford) Order 2013 (S.I. No. 583 of 2013); ceased on deletion of its enabling provision as per F-note above, subject to continuation as necessary by Local Government Law Reform Act 2014 (1/2014), s. 2(1), commenced (30.01.2014) by S.I. No. 38 of 2014.

E280
Previous affecting provision: power pursuant to subs. (3A) exercised (14.11.2013) by Local Government Act 2001 (Appointment of Manager) (Tipperary) Order 2013 (S.I. No. 429 of 2013); ceased on deletion of its enabling provision as per F-note above, subject to continuation as necessary by Local Government Law Reform Act 2014 (1/2014), s. 2(1), commenced (30.01.2014) by S.I. No. 38 of 2014.

E281
Previous affecting provision: subs. (1) amended (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 61(1) and sch. 2 part 1, commenced on enactment; section substituted as per F-note above.

E282
Previous affecting provision: subs. (3) amended (15.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 17(a), S.I. No. 292 of 2012; section substituted as per F-note above.

E283
Previous affecting provision: subs. (3A) inserted (15.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 17(b), S.I. No. 292 of 2012; section substituted as per F-note above.

Section 146
F217[

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.]

Annotations

Amendments:

F217
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 54(1), S.I. No. 214 of 2014.

Section 147
F218[

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 F219[the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age],

and on the expiration of that period he or she ceases to hold the employment F220[but, where the person is a new entrant (within the meaning of the aforementioned Act) appointed on or after 1 April 2004, the requirement to cease to hold the employment on grounds of age shall not apply].

(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.]

Annotations

Amendments:

F218
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 54(1), S.I. No. 214 of 2014.

F219
Substituted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3A and sch. 2 part 3 as inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), ss. 3, 7 and sch., commenced on enactment.

F220
Inserted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3A and sch. 2 part 3 as inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), ss. 3, 7 and sch., commenced on enactment.

Modifications (not altering text):

C45
Application of subs. (5) restricted (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 3(4).

(4) Section 147(5) of the Act shall not apply to the following positions:

(a) the position of Dublin City Manager,

(b) the position of Cork County Manager,

(d) the position of Dún Laoghaire – Rathdown County Manager,

(e) the position of Fingal County Manager,

(f) the position of South Dublin County Manager,

(g) the position of Meath County Manager,

(h) the position of Kildare County Manager,

(i) the position of Limerick City Manager,

(j) the position of Limerick County Manager,

(k) the position of Clare County Manager,

(l) the position of Donegal County Manager,

(m) the position of Galway County Manager,

(n) the position of Kerry County Manager,

(o) the position of Kilkenny County Manager,

(p) the position of Louth County Manager,

(q) the position of Mayo County Manager,

(r) the position of North Tipperary County Manager,

(s) the position of South Tipperary County Manager,

(t) the position of Waterford County Manager,

(u) the position of Waterford City Manager,

(v) the position of Westmeath County Manager,

(w) the position of Wexford County Manager, and

(x) the position of Wicklow County Manager.

Editorial Notes:

E284
Power pursuant to section exercised (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013).

E285
Previous affecting provision: power pursuant to section exercised (23.10.2012) by Local Government (Tenure of Office of Managers) (Amendment No. 2) Regulations 2012 (S.I. No. 406 of 2012); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(c).

E286
Previous affecting provision: power pursuant to section exercised (15.05.2012) by Local Government (Tenure of Office of Managers) (Amendment) Regulations 2012 (S.I. No. 157 of 2012); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(b).

E287
Previous affecting provision: power pursuant to section exercised (13.02.2012) by Local Government (Tenure of Office of Managers) Regulations 2012 (S.I. No. 50 of 2012); tenure period of then current Limerick City Manager ceased 28.03.2012.

E288
Previous affecting provision: power pursuant to section exercised and application of subs. (5) restricted (11.11.2011) by Local Government (Tenure of Office of Managers) Regulations 2011 (S.I. No. 573 of 2011); revoked (26.11.2013) by Local Government (Tenure of Office of Managers) Regulations 2013 (S.I. No. 455 of 2013), reg. 4(a).

E289
Previous affecting provision: subss. (3) and (5) amended (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 61(1) and sch. 2 part 1, commenced on enactment; section substituted as per F-note above.

E290
Previous affecting provision: power pursuant to section exercised and application of subs. (5) restricted (12.02.2003) by Local Government (Tenure of Office of Managers) Regulations 2003 (S.I. No. 47 of 2003); revoked (11.11.2011) by by Local Government (Tenure of Office of Managers) Regulations 2011 (S.I. No. 573 of 2011), reg. 4.

Section 148
F221[

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.]

Annotations

Amendments:

F221
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 54(1), S.I. No. 214 of 2014.

Modifications (not altering text):

C46
Section applied with modifications (14.06.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 3(2)(b), S.I. No. 260 of 2019.

Designation of competent authority

3. …

(2) …

(b) Sections 148 and 154 of the Act of 2001 shall, with all necessary modifications, apply to the chief executive, this Act and the Act of 2000 as those sections apply to the chief executive and the Act of 2001.

…

Editorial Notes:

E291
Previous affecting provision: subs. (1)(a) substituted, subs. (3)(a) amended and subs. (3A) inserted (15.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 18, S.I. No. 292 of 2012; section substituted as per F-note above.

Section 149
F222[

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.]

Annotations

Amendments:

F222
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 54(1), S.I. No. 214 of 2014.

Section 149A
F223[

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.]

Annotations

Amendments:

F223
Inserted (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 54(1), commenced as per s. 1(22).

Chapter 3

Procedural Matters

Section 150
Definitions.

150.—In this Chapter—

“elected council” includes the members of a joint body;

“local authority” includes a joint body.

Section 151

Manager acting by signed order.

151.—(1) The F224[chief executive] shall in carrying out the executive functions for each local authority for which he or she is F224[chief executive] act by a written order signed and dated by him or her in respect of the functions to which this section applies.

(2) This section applies to every executive function which—

(a) is required by this or any other enactment to be done by order of a F224[chief executive],

(b) is mentioned in Schedule 15,

(d) is considered by the F224[chief executive] to be of sufficient importance to be done by order.

(3) Every F224[chief executive] shall keep, in respect of each local authority for which he or she is F224[chief executive], a register in which is entered a copy of every order made by him or her in accordance with this section for such local authority.

(4) At every meeting of a local authority, there shall be available for inspection by the elected council so much of the register referred to in subsection (3) as contains any orders made by the F224[chief executive] since the last previous meeting of the local authority.

(5) Any member of a local authority is entitled on request to be furnished by the F224[chief executive] for the local authority with a copy of a particular order made by the F224[chief executive].

(6) Every document claiming to be an order made and signed by a F224[chief executive] shall—

(a) be received in evidence without proof of the signature of the person claiming to sign such document or that such person was such F224[chief executive], and

(b) until the contrary is proved, be deemed to be an order duly made and signed by such F224[chief executive] in accordance with this section and to have been so signed on the date stated in that document.

F225[(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.]

(8) The failure or omission to act by signed order in accordance with this section does not of itself operate to invalidate any action or decision taken by a F224[chief executive] or a local authority.

(9) The Minister may by order designate an executive function to be a function to which this section applies.

(10) Subject to the provisions of any other enactment, nothing in this section shall be read as precluding the revocation or amendment of an order made by a F224[chief executive] by a subsequent such order.

(11) Nothing in Schedule 15 shall be read as prejudicing the functions conferred on an elected council by this Act.

Annotations

Amendments:

F224
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 109-118, S.I. No. 214 of 2014.

F225
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 55, S.I. No. 214 of 2014.

Editorial Notes:

E292
Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 116 provides for the substitution of “chief executive” for “manager” in subs. (7). This amendment is obsolete as subs. (7) has been substituted by Local Government Reform Act 2014 (1/2014), s. 55, see F-note above.

Section 152

Attendance of manager at local authority meetings.

152.—(1) Every F226[chief executive] has the right—

(a) to attend and speak at meetings of a local authority for which he or she is F226[chief executive], and

(b) to take part in its discussions,

but shall not be entitled to vote on any question which is decided by a vote of the members of such local authority.

(2) In so far as it is not inconsistent with the due performance of functions by a F226[chief executive] in relation to the local authorities for which he or she is F226[chief executive], a manager shall attend—

(a) any meeting of a local authority for which he or she is F226[chief executive] where he or she is requested by the elected council of that local authority to attend, and

(b) any meeting of a committee of a local authority where he or she is requested by the elected council of that local authority to attend.

(3) Whenever a F226[chief executive] attends a meeting of a local authority or of a committee of the local authority in accordance with subsection (2)—

(a) he or she shall give to the elected council of such local authority or committee (as the case may be) such advice and assistance as shall reasonably be required of him or her by the council or committee (and the members of the council or committee shall have regard to that advice or assistance), and

(b) he or she shall arrange for the attendance at such meeting of such of the employees of the local authorities for which he or she is F226[chief executive] as may be appropriate having regard to the business to be transacted at that meeting.

F227[(3A) This section applies to the chief executive of a local authority in respect of meetings of a municipal district of the local authority in the same manner as it applies to meetings of that authority.]

(4) Without prejudice to section 154, in this section F226[chief executive] includes an employee to whom the functions of the F226[chief executive] stand delegated in accordance with that section in respect of the local authority in question.

Annotations

Amendments:

F226
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 119-121, 123, S.I. No. 214 of 2014.

F227
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 122, S.I. No. 214 of 2014.

Section 153

Legal proceedings.

153.—(1) The F228[chief executive] for a local authority—

(a) shall act for and on behalf of the local authority in every action or other legal proceeding whether civil or criminal, instituted by or against the local authority, and

(b) may do all such acts, matters, and things as he or she may consider necessary for the preparation and prosecution or defence of such action or other proceeding in the same manner in all respects as if (as the case may require) he or she were the plaintiff, prosecutor, defendant or other party to that action or other proceeding.

(2) Where an action or other proceeding relates to the exercise or performance by the local authority of a reserved function, the F228[chief executive] for that authority shall, in the doing of any such act, matter, or thing referred to in subsection (1), act with the express authorisation of the elected council of such local authority, and in any proceedings such authorisation shall be deemed to have been given unless or until the contrary is shown.

Annotations

Amendments:

F228
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 124, 125, S.I. No. 214 of 2014.

Section 154

Delegation of functions.

154.—(1) This section does not apply for the purposes of the appointment of a deputy F229[chief executive], in respect of which section 148 applies.

(2) A F229[chief executive] for a local authority may by order delegate such of his or her functions as he or she thinks proper to an employee of any local authority for which he or she is F229[chief executive] and such person shall perform such duties as are appropriate to the functions so delegated and shall for that purpose and subject to this section act in place of the F229[chief executive].

(3) Where a delegation is made under this section—

(a) the employee shall perform the delegated function under the general direction and control of the F229[chief executive],

(b) the employee shall perform the delegated function in accordance with such (if any) limitations as may be specified in the delegation as to the area or period in which or the extent to which he or she is to perform that function,

(c) a provision of or under this or any other enactment which vests functions in the F229[chief executive] or regulates the manner in which any function is to be performed (including the making of an order under section 151) shall, if and in so far as it is applicable to the delegated function, have effect, for the purposes of the performance of that function by the employee, with the substitution of the employee for the F229[chief executive] and every such provision shall be read accordingly.

(4) Where a function is delegated under this section the function shall continue to be vested in the F229[chief executive] but shall be so vested concurrently with the employee to whom it is delegated and so as to be capable of being performed by either such F229[chief executive] or such employee.

(5) The F229[chief executive] may by order amend or revoke a delegation made under this section or made under any other provision repealed by this Act.

(6) Where a function is performed by an employee pursuant to a delegation under this section and any surcharge or charge subsequently falls to be made consequent on such performance in case the payment was made or authorised to be made or the loss or deficiency was caused, by the employee, the F229[chief executive] shall be treated as if he or she also had made or authorised the making of the payment or had caused the loss or deficiency.

(7) A delegation under this section may be made to a particular employee of a local authority or to the holder for the time being of a specified class, description or grade of employment under a local authority.

(8) Notification of a delegation under this section or of its subsequent amendment or revocation shall be given to the members of the local authority concerned.

(9) Any defect in a delegation or the absence of a delegation in respect of a function performed by an employee acting in good faith on behalf of the local authority does not of itself operate to invalidate any action or decision of the local authority.

Annotations

Amendments:

F229
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 126-132, S.I. No. 214 of 2014.

Modifications (not altering text):

C47
Section applied with modifications (14.06.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 3(2)(b), S.I. No. 260 of 2019.

Designation of competent authority

3. …

(2) …

…

The Chief Executive

LOCAL GOVERNMENT ACT

The Elected Council

Reserved functions.

Performance of reserved functions in respect of municipal district members

Reserved functions: duty of manager.

Corporate policy group.

Corporate plan.

Local authority service delivery plans

Report on capital programme.

Furnishing of information to elected council.

Plans, specifications to be prepared for elected council.

Prior information to elected council.

Direction that works not proceed.

Requirement that a particular thing be done.

Duty of members appointed to other bodies.

Members’ expenses, remuneration, etc.

Allowance for Cathaoirleach and Leas-Chathaoirleach.

Position of chief executive

Appointment of chief executive.

Suspension and removal of chief executive

Tenure of chief executive

Deputy chief executive

Executive functions

Procedural Matters

Manager acting by signed order.

Attendance of manager at local authority meetings.

Legal proceedings.

Delegation of functions.

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