{"id":11839,"date":"2022-06-04T21:14:28","date_gmt":"2022-06-04T21:14:28","guid":{"rendered":"http:\/\/legalblog.ie\/?p=11839"},"modified":"2024-04-29T21:08:42","modified_gmt":"2024-04-29T21:08:42","slug":"employees","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/employees\/","title":{"rendered":"Employees"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/employees\/#Workforce\" title=\"Workforce\">Workforce<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/employees\/#Modern_Position\" title=\"Modern Position\">Modern Position<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/employees\/#Grades_and_Structures\" title=\"Grades and Structures\">Grades and Structures<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/employees\/#Appointments\" title=\"Appointments\">Appointments<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/employees\/#Modern_Recruitment\" title=\"Modern Recruitment\">Modern Recruitment<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/employees\/#_Organisation\" title=\"\u00a0Organisation\">\u00a0Organisation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/employees\/#Minister_Department\" title=\"Minister \/ Department\">Minister \/ Department<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/employees\/#HR_Industrial_Relations\" title=\"HR &amp; Industrial Relations\">HR &amp; Industrial Relations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/employees\/#Pension\" title=\"Pension\">Pension<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/employees\/#Qualifications\" title=\"Qualifications\">Qualifications<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/employees\/#Conflict_of_Interests\" title=\"Conflict of Interests\">Conflict of Interests<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/employees\/#Ethical_Obligations\" title=\"Ethical Obligations\">Ethical Obligations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/employees\/#Ethics_Legislation\" title=\"Ethics Legislation\">Ethics Legislation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/employees\/#Declarable_Interests\" title=\"Declarable Interests\">Declarable Interests<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/employees\/#Disclosure_of_Interest\" title=\"Disclosure of Interest\">Disclosure of Interest<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/employees\/2\/#LOCAL_GOVERNMENT_ACT\" title=\"LOCAL GOVERNMENT ACT\">LOCAL GOVERNMENT ACT<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Local_Authority_Personnel\" title=\"Local Authority Personnel\">Local Authority Personnel<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Definitions_Chapter_4\" title=\"Definitions (Chapter 4).\">Definitions (Chapter 4).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Appropriate_Minister\" title=\"Appropriate Minister.\">Appropriate Minister.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Application_Chapter_4\" title=\"Application (Chapter 4).\">Application (Chapter 4).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Provisions_relating_to_the_employment_of_persons_by_local_authorities\" title=\"Provisions relating to the employment of persons by local authorities.\">Provisions relating to the employment of persons by local authorities.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Staffing_and_organisational_arrangements\" title=\"Staffing and organisational arrangements.\">Staffing and organisational arrangements.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Qualifications_for_employment\" title=\"Qualifications for employment.\">Qualifications for employment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Restrictions_on_local_authority_employment_and_membership_of_a_local_authority\" title=\"Restrictions on local authority employment and membership of a local authority.\">Restrictions on local authority employment and membership of a local authority.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Modification_of_restriction_on_being_employed_under_certain_related_bodies\" title=\"Modification of restriction on being employed under certain related bodies.\">Modification of restriction on being employed under certain related bodies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Amendment_of_Local_Authorities_Officers_and_Employees_Act_1926\" title=\"Amendment of Local Authorities (Officers and Employees) Act, 1926.\">Amendment of Local Authorities (Officers and Employees) Act, 1926.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Amendment_of_Unfair_Dismissals_Act_1977\" title=\"Amendment of Unfair Dismissals Act, 1977.\">Amendment of Unfair Dismissals Act, 1977.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Savers_Chapter_4\" title=\"Savers (Chapter 4).\">Savers (Chapter 4).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Ethical_Framework_for_the_Local_Government_Service\" title=\"Ethical Framework for the Local Government Service\">Ethical Framework for the Local Government Service<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Interpretation_Part_15\" title=\"Interpretation (Part 15).\">Interpretation (Part 15).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Application_Part_15\" title=\"Application (Part 15).\">Application (Part 15).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Standards_of_integrity\" title=\"Standards of integrity.\">Standards of integrity.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Codes_of_conduct_for_Local_Government_Service\" title=\"Codes of conduct for Local Government Service.\">Codes of conduct for Local Government Service.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Prohibition_of_favours_rewards_etc\" title=\"Prohibition of favours, rewards, etc.\">Prohibition of favours, rewards, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Annual_declaration\" title=\"Annual declaration.\">Annual declaration.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Public_register_of_interests\" title=\"Public register of interests.\">Public register of interests.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Ethics_registrar\" title=\"Ethics registrar.\">Ethics registrar.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Duty_of_ethics_registrar_etc\" title=\"Duty of ethics registrar, etc.\">Duty of ethics registrar, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Declarable_interests\" title=\"Declarable interests.\">Declarable interests.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Beneficial_interests\" title=\"Beneficial interests.\">Beneficial interests.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Disclosure_by_member_of_local_authority_of_pecuniary_or_other_beneficial_interests\" title=\"Disclosure by member of local authority of pecuniary or other beneficial interests.\">Disclosure by member of local authority of pecuniary or other beneficial interests.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Disclosure_by_manager_for_local_authority_of_pecuniary_or_other_beneficial_interests\" title=\"Disclosure by manager for local authority of pecuniary or other beneficial interests.\">Disclosure by manager for local authority of pecuniary or other beneficial interests.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Disclosure_by_employee_etc_of_local_authority_of_pecuniary_or_other_beneficial_interests\" title=\"Disclosure by employee, etc. of local authority of pecuniary or other beneficial interests.\">Disclosure by employee, etc. of local authority of pecuniary or other beneficial interests.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Application_of_Ethics_in_Public_Office_Act_1995_etc\" title=\"Application of Ethics in Public Office Act, 1995, etc.\">Application of Ethics in Public Office Act, 1995, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Offences_Part_15\" title=\"Offences (Part 15).\">Offences (Part 15).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/employees\/2\/#Consequences_of_failure_to_comply_with_sections_171_177_178_and_179\" title=\"Consequences of failure to comply with sections 171, 177, 178 and 179.\">Consequences of failure to comply with sections 171, 177, 178 and 179.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Workforce\"><\/span>Workforce<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Local authority employees comprise \u00a0approximately 2 percent of the workforce and over 10 percent of the public sector workforce.\u00a0 Local authorities have powers to employ such persons as they may from time to time think proper and determine and alter their remuneration and terms of employment. Most employment legislation applies to local authority employees.<\/p>\n<p>Employment is subject to overall control by the Department of the Environment and Local Government which lays down objectives in relation to staffing, grading, recruitment practices and terms of employment.<\/p>\n<p>Pay and conditions are negotiated centrally through the Local Government Management Services Board.\u00a0 The Department of Finance has an overarching role in relation to public expenditure. There are, therefore, common conditions of employment throughout the local authorities.<\/p>\n<p>The functions conferred on elected members of the authority do not apply to employment,\u00a0 employees of a local authority, the performance of any executive function in relation to such employees, their direction, supervision remuneration or discipline.\u00a0 Any resolution which claims to so apply is invalid.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Modern_Position\"><\/span>Modern Position<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Local authorities may employ such staff as are deemed necessary and may determine the terms of employment and remuneration.\u00a0 The appropriate Minister may determine the retirement age.<\/p>\n<p>The legislation applies to all local authority employees.\u00a0 The department&#8217;s role in individual staff matters is terminated and general employment law applies to local authority staff.<\/p>\n<p>Local authorities&#8217; employees have a statutory obligation to perform such duties as are assigned to them in accordance with the terms of their employment and carry out instructions.<\/p>\n<p>The Unfair Dismissals Act applies to all local authority employees other than the manager.\u00a0 The manager is appointed, suspended and removed by the elected members.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Grades_and_Structures\"><\/span>Grades and Structures<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Administrative and technical grades are organized into structures.\u00a0 Technical grades are those involving technical and professional qualifications in a particular area.Recent reforms have responded to criticism that administrative and technical grades were largely mutually exclusive.<\/p>\n<p>Below county or city manager level, the senior administrative technical grades have been replaced by a Director of Services grade.\u00a0 Each director is a program manager and is responsible for a particular service area.\u00a0 Vacancy at Director of Services level are open to all staff.The reforms also saw creation of new senior administrative and technical posts below the level of Director.<\/p>\n<p>Attempts have been made to reduce the dual structure by the increased professionalization of administrative grade and harmonization of pay and conditions at certain levels.<\/p>\n<p>Local authority staff grading embodies a long hierarchy.\u00a0 Clerical and administrative grades commence at clerical officer progress to assistant staff officer, senior staff officer administrative officer, administrative executive officer and then senior management grades.<\/p>\n<p>Technical and professional grades commence at graduate level moving on to assistant executive, senior executive, potentially progressing to director of services and management grades mentioned above.<\/p>\n<p>A large number of employees of local authorities are outdoor workers.\u00a0 There are a number of structures including five grades at craft worker structure, eight grades at general operative structure and five grades at water and sewage\u00a0 structure.<\/p>\n<p>Salary structures are linked to grading. The structures have been criticized in that they do not allow opportunity to reward particular performance.\u00a0 The principal way to secure a salary increase is by progressing up through grades. Some grades have been amalgamated and attempts have been made to provide for broader grades with salary levels linked to performance.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Appointments\"><\/span>Appointments<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Local Appointments Commissioners was established in 1926 in order to create a transparent and objective recruitment system.\u00a0 It is based on the Civil Service Commissioners introduced at the same time.\u00a0 The organization selects and recommends persons for appointment to senior manager and professional grades.\u00a0Other positions are recruited by local authorities themselves in accordance with established procedures common to all bodies.<\/p>\n<p>The Public Service Appointment Commission \u00a0was established in 2004 to replace the above Commissioners.\u00a0 It acts as a single recruitment and selection body for across a range of public service bodies including local authorities.<\/p>\n<p>The Public Service Management Recruitment on Appointments Act 2004 replaced the Local Appointments Commissioner. The Minister determines<\/p>\n<ul>\n<li>the classes and grades of employment,<\/li>\n<li>age,<\/li>\n<li>qualifications<\/li>\n<\/ul>\n<p>for \u00a0local authority employment.<\/p>\n<p>Technically, the local authority determines the remuneration and conditions of employment and may alter them.\u00a0 The Minister may provide that the powers of a local authority in relation to employment are exercised only with its consent.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Modern_Recruitment\"><\/span>Modern Recruitment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Recruitment to the public service at entry grade is at levels (III and IV) Appointments to grades V and VI are by a promotion competition which is also open to those with particular experience in other local authorities, health boards, health service authorities certain other institutions and hospital boards.<\/p>\n<p>The Public Services Appointment Commission fills roles of senior executive officer director of services and county manager (now the chief executive) .\u00a0 Candidates generally come from a local government background.<\/p>\n<p>Technical and professional grades competitions are usually open.\u00a0 High level grades may require past experience.\u00a0 Some of the most senior grades are filled by the Local Appointment Commission] but are likely to come from within the local authority background.<\/p>\n<p>Other grades are recruited from both internal competition and open competition. As part of employer-staff agreement and organizational reforms local authorities have arranged promotional opportunities which are limited to existing staff at certain level.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"_Organisation\"><\/span>\u00a0Organisation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The county manager (now the chief executive) has been given authority to create certain new posts at or below grade level VII or technician grade I and fill them by limited competition.\u00a0 This is subject to being within the overall budget.<\/p>\n<p>Local authorities on occasions create special temporary or contract based positions in order to obtain certain skills.<\/p>\n<p>The Minister may specify qualifications for posts and grades.\u00a0 The Minister will consult the Public \/ Local Appointment Commissioner. The local authority may fix qualifications for employment provided the qualifications had not previously been declared by the Minister.<\/p>\n<p>Most local authority have designated training officers to support training and development of personnel. External \u00a0trainers may include SOLAS.<\/p>\n<p>The Local Government Services Corporate Bodies Act gives powers to the Minister for Local Government with the consent of the Minister for Finance to establish bodies by way of establishment order.\u00a0 The establishment order may provide for employment of officers and employees to officers under the body as if it were a local authority.\u00a0 The local authority officers and employees legislation apply subject to modifications as may be provided.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Minister_Department\"><\/span>Minister \/ Department<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The local authority must comply with the directions given by the Minister and guidelines issued by the Local Government Management Services Board.<\/p>\n<p>There is provision for local authority staffing and organisational arrangements to be made by the manager.\u00a0 Functions of local authority may be discharged by employees for whom the manager is responsible.\u00a0 Employees must perform the duties assigned to them in relation to the local authority functions concerned.<\/p>\n<p>The appropriate Minister may declare or amend qualifications necessary for particular local authority employment. \u00a0Functions of the Minister may be transferred to the Board by order.\u00a0 The local authority may fix qualifications in the respect of which are not already fixed by the Minister or the Board.<\/p>\n<p>A local authority may not employ a person who is an elected member of a local authority.\u00a0 A Minister may by order provide that the prohibition does not apply to particular grade.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"HR_Industrial_Relations\"><\/span>HR &amp; Industrial Relations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Local authorities are supported by the Local Government Management Services Board.\u00a0 The board consists of managers and departmental representatives as well as employees human resource personnel. It provides support and advice on human resource matters to local authorities.<\/p>\n<p>It negotiates on local authorities\u2019 behalf in relation to industrial relations issues.\u00a0 It will therefore handle money matters that would normally be handled by the human resources department in other bodies.<\/p>\n<p>Local authorities&#8217; staff are highly unionised.\u00a0 Until recently, most of the third party employment bargaining was set in the context of national wage agreement.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Pension\"><\/span>Pension<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Local authority employees are a member of a statutory pension scheme.\u00a0 Normal retirement age is between 60 and 65.\u00a0 The scheme is designed to provide an incomes of half the final income plus social welfare pension.<\/p>\n<p>Staff who \u2018joined after 1995 are obliged to contribute 1.5 percent of full pay and 3.5 percent of so-called coordinated pay.\u00a0 This is full pay less twice the rate of old age pension. Staff in officer grades who&#8217;ve joined prior to that date have a lower rate PRSI and no additional pension contribution.<\/p>\n<p>The superannuation scheme may apply to the body as if it was a local authority.\u00a0 The order establishing the body will generally provide for remuneration conditions of service and the tenure of offices of all employees and officers.<\/p>\n<p>The Local Government Superannuation Act 1980 provides for the making of schemes for pensions to local authority officers and employees. A body\u2019s employees may be covered by a scheme.<\/p>\n<p>The Minister may with the consent of the Department of Finance make schemes for the grant of pensions, lump sum gratuities, severance gratuities and injuries benefits as well as allowances on retirement or death. Different circumstances might be specified. The legislation provides for the kind of benefits that might be provided under a scheme.<\/p>\n<p>Authorities whose employees are covered by the scheme are required to establish registers for the schemes.\u00a0 Scheme benefits may be paid toa \u00a0personal representative without probate, subject to certain limitations.<\/p>\n<p>Different schemes might be made in relation to different classes or description of persons employed by the body legislation applied to local authorities, former health boards and bodies established by the Minister under statutory power. The schemes may be amended from time to time by regulations made by the Minister.\u00a0 Regulations should be laid before both houses.<\/p>\n<p>If a person ceases to be an employee the body may subject to regulations made by the Minister may be paid gratuity on such terms that might be specified.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Qualifications\"><\/span>Qualifications<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Qualifications for local authority employment are laid down by the Minister in respect of \u00a0various classes, descriptions and grades.\u00a0 The Minister consults with the Commission for the Public Service Appointment for positions.<\/p>\n<p>A person may not be appointed to employment unless he meets the requisite qualification. Additional conditions are not set by the local authority without the consent of the Department.\u00a0The required qualifications may be amended from time to time.<\/p>\n<p>The local authority may set terms and conditions of employment in respect of which the Minister has not made the requisite declaration. Where the Minister declares qualifications this shall supervene any local authority conditions.<\/p>\n<p>The general statutory prohibition on \u00a0local authorities employees being members of the authority may be modified by ministerial order in respect to such classes descriptions and grades of employment as the Minister decides.<\/p>\n<p>There are similar provisions to those above in relation to related bodies, which are \u00a0modified.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Conflict_of_Interests\"><\/span>Conflict of Interests<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Local authority employees may not engage in an occupation other than as employees of the authority to an extent that it impairs their performance of their duty.\u00a0 They may not engage in an occupation that may conflict with their interest or be inconsistent with the performance of their duty.<\/p>\n<p>An employee who is in professional grade is not permitted to engage in private practice or a profession where he is employed or a similar profession.<\/p>\n<p>Employee must make declarations of interest dependent on their grade.\u00a0 These are available for public inspection.<\/p>\n<p>An ethics registrar must be appointed within each local authority. Local authorities may not employ persons who are elected members.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Ethical_Obligations\"><\/span>Ethical Obligations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Local Government Act provides an ethical framework for the local government service.\u00a0 The main provisions of the legislation apply to<\/p>\n<ul>\n<li>members of local authorities,<\/li>\n<li>officers and \u00a0employees of local authorities of a grade and class prescribed by the Minister and<\/li>\n<li>other employees in position designated by an order of the manager of the authority<\/li>\n<li>Certain provisions apply to all local authority employees.<\/li>\n<\/ul>\n<p>The Minister for Finance in consultation with the Commission issues codes of conduct for the guidance of members and employees of local authorities.\u00a0 They deal with the conduct standards of integrity of members, officers and employees in the performance of their functions. \u00a0It is designed to uphold public confidence in the integrity and discharge of local authority functions.<\/p>\n<p>There is a national code for the conduct of local authority employees.\u00a0 The Minister may review the code of conduct and amend it from time to time.\u00a0 Members, officers and \u00a0employees must be guided by the code in the exercise of their functions.<\/p>\n<p>The national code of conduct for local authority employees is to provide to all employees, officers and members.\u00a0 Regard is to be had to the code by courts in any proceeding.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Ethics_Legislation\"><\/span>Ethics Legislation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An employee or member of the local authority is not to seek extract or accept payment from any person, other than the local authority, any fee remuneration or favour for anything done or not done in his employment.\u00a0 This is without prejudice to the prevention of corruption legislation generally.<\/p>\n<p>Certain classes of employee must make an annual declaration to the ethics registrar setting out particulars of declarable interest and undertakings by him or her.<\/p>\n<p>He or she is to be guided by the code of conduct in the exercise of its function.\u00a0 Each employee of the local authority is to prepare and furnish an annual declaration to the ethics registrar.<\/p>\n<p>The ethics register is a public register comprising one part dealing with elected members&#8217; interests and one dealing with officers\/employees&#8217; interest.\u00a0 Copies of the register of interests may be obtained on paying a fee.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Declarable_Interests\"><\/span>Declarable Interests<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Each of the following is a declarable interest<\/p>\n<ul>\n<li>Any profession, business or occupation whether on his own on behalf or on behalf of another which relates to dealing or developing a land during the appropriate period<\/li>\n<li>Any remunerated profession, employment or vocation of the person concerned during that period<\/li>\n<li>Any interest in land or options held directly or indirectly<\/li>\n<li>Any business of dealing in a developing land in which the person or a nominee is involved<\/li>\n<li>Various directorships and shareholding<\/li>\n<li>Gifts excluding certain gifts given by friends of clearly personal nature, gifts less than a certain value<\/li>\n<li>Property supplied subject to minimum exceptions<\/li>\n<li>Contracts in which the person is concerned directly or indirectly above a certain level<\/li>\n<li>Remunerated positions<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Disclosure_of_Interest\"><\/span>Disclosure of Interest<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where an employee of the authority or other person whose services are being used by the authority has actual knowledge that a connected person has a pecuniary or beneficial interest in the matter he must not seek to influence or influence or seek to influence a decision in relation to the matter concerned.<\/p>\n<p>Where an employee is concerned in the matter, he or she \u00a0must disclose this matter to the manager and follow the manager&#8217;s direction. Where his personal services are being availed of by the local authority he must disclose this to the manager and comply with directions.<\/p>\n<p>Breach of the legislation is an offence.\u00a0 It may be subject to summary conviction or on conviction on indictment to a fine of up to \u20ac12,700, with three years imprisonment in the latter case.<\/p>\n<p><!--nextpage--><\/p>\n<h2>LOCAL GOVERNMENT ACT<\/h2>\n<p>Chapter 4<\/p>\n<h4>Local Authority Personnel<\/h4>\n<p>Section 155<\/p>\n<h4>Definitions (Chapter 4).<\/h4>\n<p>155.\u2014In this Chapter, except where the context otherwise requires\u2014<\/p>\n<p>\u201cappropriate Minister\u201d has the meaning given by section 156;<\/p>\n<p>\u201cBoard\u201d means the body established under article 4 of the Local Government Management Services Board (Establishment) Order, 1996 (S.I. No. 410 of 1996), or any other body established by the Minister under section 3 of the Local Government Services (Corporate Bodies) Act, 1971, or otherwise, to provide services similar to those of the Board;<\/p>\n<p>F230[\u2026]<\/p>\n<p>\u201clocal authority\u201d includes a joint body.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F230<br \/>\nDeleted (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.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E293<br \/>\nThe Local Government Management Services Board was dissolved (1.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17\/2012), s. 10(c), S.I. No. 297 of 2012. This provision now probably refers to Local Government Management Agency, established the same day.<\/p>\n<p>Section 156<\/p>\n<h4>Appropriate Minister.<\/h4>\n<p>156.\u2014(1) In this Chapter \u201cappropriate Minister\u201d means\u2014<\/p>\n<p>(a) where the duties of a particular employment or employments of a particular class, description or grade relate wholly or mainly to the functions of a Minister of the Government other than the Minister, such Minister of the Government,<\/p>\n<p>(b) in all other cases, the Minister.<\/p>\n<p>(2) If any question or dispute arises as to whether the duties of a particular employment or employments of a particular class, description or grade relate wholly or mainly to the functions of a Minister of the Government other than the Minister, the matter shall be referred to the Minister for determination and the decision of the Minister shall be final.<\/p>\n<p>(3) The appropriate Minister, may amend or revoke any declaration made or deemed to have been made or any direction given by him or her under this Chapter.<\/p>\n<p>Section 157<\/p>\n<h4>Application (Chapter 4).<\/h4>\n<p>157.\u2014(1) Subject to the provisions of subsections (2) and (3), this Chapter applies to every employment under a local authority and to every employee of a local authority.<\/p>\n<p>(2) (a) For the purposes of this Part, an employee of a local authority includes every person who is, immediately prior to the commencement of this section, a holder of an office under a local authority.<\/p>\n<p>(b) The fact that a person is employed by a local authority on the commencement of any provision of this Chapter is not a ground for contending that such provision does not apply in relation to him or her.<\/p>\n<p>(3) For the purposes of this Chapter, the following offices are deemed not to be employments under a local authority and every holder, as such, of any of those offices is deemed not to be the holder of an employment under a local authority\u2014<\/p>\n<p>(a) the office of coroner or deputy coroner under the Coroners Act, 1962,<\/p>\n<p>(b) the offices under the Courthouses (Provision and Maintenance) Act, 1935, of caretaker and assistant to the caretaker of courthouse accommodation,<\/p>\n<p>(c) the offices under the Pounds (Provision and Maintenance) Act, 1935, of poundkeeper and assistant to a poundkeeper.<\/p>\n<p>(4) For the purpose of this Chapter, a payment to a person by virtue of section 142(2) is not a ground for contending that the person is an employee of a local authority.<\/p>\n<p>Section 158<\/p>\n<h4>Provisions relating to the employment of persons by local authorities.<\/h4>\n<p>158.\u2014(1) (a) Subject to this Chapter, Chapter 2 of this Part and the Local Authorities (Officers and Employees) Acts, 1926 to 1983, a local authority may employ such and so many persons as the local authority may, from time to time, think proper.<\/p>\n<p>(b) A local authority shall determine the remuneration and conditions of employment of its employees and may, from time to time, alter the remuneration and conditions of employment of such employees.<\/p>\n<p>(c) F231[\u2026]<\/p>\n<p>(d) The appropriate Minister may at any time direct that any of the functions conferred on a local authority by this Chapter shall, in relation to an employment or employments for which he or she is the appropriate Minister, be exercisable either generally or in relation to a particular local authority or to specified local authorities, only with his or her consent, or subject to such other conditions or requirements as may be so directed.<\/p>\n<p>(2) A local authority in exercising any function referred to in subsection (1) in relation to an employment for which the Minister is the appropriate Minister, shall, subject to paragraphs (c) and (d) of that subsection, have regard to any guidelines, codes of practice or other guidance issued by the Board in relation to such function.<\/p>\n<p>(3) The functions conferred on an elected council or a Cathaoirleach by this Part, other than those referred to in sections 145(1) and 148, do not apply or extend to employees of a local authority or to the performance of any executive function in relation to such employees or their direction, supervision, service, remuneration or discipline and any resolution which claims to so apply or extend is invalid.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F231<br \/>\nDeleted 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.<\/p>\n<p>Section 159<\/p>\n<h4>Staffing and organisational arrangements.<\/h4>\n<p>159.\u2014(1) The F232[chief executive] shall for the purposes of discharging the responsibilities set out under section 149 make such staffing and organisational arrangements as may be necessary for the purposes of carrying out the functions of the local authorities for which he or she is responsible.<\/p>\n<p>(2) Subject to this Part the functions of a local authority may be discharged through or by the employees of that authority or any other local authority for which the F232[chief executive] is responsible.<\/p>\n<p>(3) An employee of a local authority shall\u2014<\/p>\n<p>(a) perform such duties as may from time to time be assigned to him or her in relation to his or her employment and as may be appropriate to any particular function of any local authority for which the F232[chief executive] is responsible, and<\/p>\n<p>(b) carry out such instructions as may be duly given in relation to the performance of his or her duties.<\/p>\n<p>(4) Where by an agreement or arrangement under Part 10 or otherwise a local authority exercises or performs a function of another body or provides a service to another body,<\/p>\n<p>(a) it is the duty of every employee of the local authority to perform such duties appropriate to the nature of that function or service as the local authority may decide, and<\/p>\n<p>(b) in case the other body is a local authority, it is the duty of every employee of that local authority to refrain from performing such duties appropriate to the nature of that function or service as that local authority may decide.<\/p>\n<p>(5)(a) An employee of a local authority shall not engage\u2014<\/p>\n<p>(i) in any gainful occupation, other than as an employee of the local authority, to such an extent as to impair the performance of his or her duties as an employee of the local authority, or<\/p>\n<p>(ii) in any occupation which might\u2014<\/p>\n<p>(I) conflict with the interests of the local authority, or<\/p>\n<p>(II) be inconsistent with the discharge of his or her duties as a local authority employee.<\/p>\n<p>(b) Without prejudice to the generality of paragraph (a), an employee of a local authority, the qualifications for whose post are wholly or in part professional, shall not engage in private practice in the profession in which he or she is employed by the local authority or local authorities or in any cognate profession.<\/p>\n<p>(c) Where an employee of a local authority is in breach of paragraph (a) or (b), the local authority shall determine the appropriate disciplinary action to be taken, which action may include suspension with or without pay or termination of employment or such other action as the local authority considers appropriate.<\/p>\n<p>(d) In considering the action to be taken under paragraph (c) a local authority may have regard to the need to uphold public confidence in the integrity of the discharge of its functions.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F232<br \/>\nSubstituted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(1) and sch. 1 part 1 refs. 133-135, S.I. No. 214 of 2014.<\/p>\n<p>Section 160<\/p>\n<h4>Qualifications for employment.<\/h4>\n<p>160.\u2014(1) (a) The appropriate Minister may declare qualifications of such classes and descriptions as he or she thinks fit for a specified employment under a local authority or for such of the employments as belong to a specified class, description or grade.<\/p>\n<p>(b) Before declaring under this section qualifications for any employment under a local authority to which the Local Authorities (Officers and Employees) Acts, 1926 to 1983, apply, the appropriate Minister shall consult with the F233[Commission for Public Service Appointments].<\/p>\n<p>(c) A person is not to be appointed to any employment under a local authority for which qualifications are for the time being declared under this section unless he or she possesses those qualifications.<\/p>\n<p>(d) For the purposes of this section, the fact that a person F233[has been recommended for appointment by the Chief Executive of the Public Appointments Service] to any employment shall be conclusive evidence, in the absence of fraud, that he or she possessed at the time of such recommendation the qualifications for the time being declared under this section for such employment.<\/p>\n<p>(e) Where the appropriate Minister declares under this section qualifications for a specified employment, additional qualifications for that employment are not to be fixed by a local authority without the consent of the appropriate Minister.<\/p>\n<p>(2) (a) The Minister may, by order (in this section referred to as a \u201ctransfer order\u201d), provide that declarations of qualification which would otherwise properly be made by him or her under this section for employments specified in the transfer order shall be made by the Board.<\/p>\n<p>(b) Whenever a transfer order is in operation, the Board has the power to amend any qualifications previously declared by the Minister in relation to any employment to which the order relates.<\/p>\n<p>(c) A transfer order shall not prejudice the right of the Minister to make or amend any qualifications declared under this section.<\/p>\n<p>(d) Where the Board declares qualifications by virtue of a transfer order, such declaration has effect as if it had been made by the Minister.<\/p>\n<p>(e) The revocation of a transfer order by the Minister does not affect any existing qualifications declared by the Board unless otherwise expressly provided for in the order.<\/p>\n<p>(3) (a) Notwithstanding subsections (1) and (2), a local authority may, from time to time, fix qualifications for any employment provided a declaration under subsection (1) in relation to such employment is not in force.<\/p>\n<p>(b) Whenever qualifications are declared under this section by the appropriate Minister, or by the Board by virtue of a transfer order, in relation to a particular employment, any qualifications previously fixed by a local authority in relation to such employment shall cease to have effect.<\/p>\n<p>(4) (a) Any qualifications declared by the Board under this section may be amended or revoked by the Minister or the Board.<\/p>\n<p>(b) A local authority may amend the qualifications for any employment fixed by it under subsection (3).<\/p>\n<p>(5) A declaration made under section 21 of the Local Government Act, 1941, before the commencement of this provision shall, on and from such commencement, be deemed to have been made under this section.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F233<br \/>\nSubstituted (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.<\/p>\n<p>Section 161<\/p>\n<h4>Restrictions on local authority employment and membership of a local authority.<\/h4>\n<p>161.\u2014(1) (a) Subject to paragraph (b), a member of a local authority is not to be employed by a local authority.<\/p>\n<p>(b) The Minister may by order\u2014<\/p>\n<p>(i) designate such class, description or grade of employments to which paragraph (a) does not apply,<\/p>\n<p>(ii) specify such conditions under which paragraph (a) does not apply.<\/p>\n<p>(2) This section comes into operation and has effect on and from the ordinary day of retirement of members next after the enactment of this F234[Act, subject to the proviso that an order under subsection (1)(b) may be made before or after that day].<\/p>\n<p>(3) F234[Where, after the said ordinary day of retirement,] an order under this section is proposed to be made, a draft of it shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each House of the Oireachtas.<\/p>\n<p>(4) F235[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F234<br \/>\nSubstituted (19.05.2004) by Electoral (Amendment) Act 2004 (15\/2004), s. 34(a) and (b), S.I. No. 215 of 2004.<\/p>\n<p>F235<br \/>\nDeleted (19.05.2004) by Electoral (Amendment) Act 2004 (15\/2004), s. 34(c), S.I. No. 215 of 2004.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E294<br \/>\nPower pursuant to section exercised (19.05.2004) by Local Government Act 2001 (Section 161) Order 2004 (S.I. No. 216 of 2004).<\/p>\n<p>Section 162<\/p>\n<h4>Modification of restriction on being employed under certain related bodies.<\/h4>\n<p>162.\u2014(1) (a) In this section, \u201csection 70(1) as applied\u201d means section 70(1) of the Local Government Act, 1925, as applied by section 26 of the Vocational Education Act, 1930, as continued in operation for the purposes of such application by section 21(5) of the Local Government Act, 1955, and as read in accordance with\u2014<\/p>\n<p>(i) section 25(6) of the Local Elections (Petitions and Disqualifications) Act, 1974, and<\/p>\n<p>(ii) section 12 of the Regional Technical Colleges (Amendment) Act, 1999.<\/p>\n<p>(b) Without prejudice to section 6, and notwithstanding the repeal of section 70(1) of the Local Government Act, 1925, and section 21(5) of the Local Government Act, 1955, by this Act, section 70(1) as applied continues to have full force and effect.<\/p>\n<p>(2) (a) After consultation with the Minister for the purpose of paragraph (b), the Minister for Education and Science may be order designate a class, description or grade of employments.<\/p>\n<p>(b) For so long as an order under this subsection is in force, section 70(1) as applied shall not apply as regards an employment which is of a class, description or grade designated by the order.<\/p>\n<p>(c) Any order made by the Minister for Education and Science under section 25(2) of the Local Elections (Petitions and Disqualifications) Act, 1974, and in force immediately before the commencement of this subsection shall be deemed to have been made by that Minister under this subsection.<\/p>\n<p>(d) After consultation with the Minister, an order under this subsection (including an order under this paragraph) may by order be amended or revoked by the Minister for Education and Science.<\/p>\n<p>(3) Where an order under subsection (2) is proposed to be made, a draft of it shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each House of the Oireachtas.<\/p>\n<p>Section 163<\/p>\n<h4>Amendment of Local Authorities (Officers and Employees) Act, 1926.<\/h4>\n<p>163.\u2014Section 6 of the Local Authorities (Officers and Employees) Act, 1926, is amended by the substitution of the following for subsection (5):<\/p>\n<p>\u201c(5) Subsection (4) of this section shall have effect subject to the proviso that where the local authority specifies a period (not less than one month) within which the person who is recommended by the Commissioners is to take up duty and notify the person of the period so specified, the local authority shall not appoint that person unless such duty is taken up within that period.\u201d.<\/p>\n<p>Section 164<\/p>\n<h4>Amendment of Unfair Dismissals Act, 1977.<\/h4>\n<p>164.\u2014Section 2(1) of the Unfair Dismissals Act, 1977, is amended by the substitution of the following for paragraph (i):<\/p>\n<p>\u201c(i) a manager for a local authority for the purposes of section 144 of the Local Government Act, 2001,\u201d.<\/p>\n<p>Section 165<\/p>\n<h4>Savers (Chapter 4).<\/h4>\n<p>165.\u2014(1) The Local Offices (Irish Language) Regulations, 1966 (S.I. No. 221 of 1966), made under sections 13 and 19 of the Local Government Act, 1941, shall remain in force after the commencement of the provisions repealing those sections and, by regulations made by the appropriate Minister by virtue of this subsection, may be amended to the same extent as provided for by those sections or may be revoked.<\/p>\n<p>(2) Every declaration made under section 23 of the Local Government Act, 1941, which is in force in relation to a person on the commencement of the provision repealing that section remains in force in relation to him or her after such commencement and, by declaration made by the appropriate Minister by virtue of this subsection, may be amended to the same extent as provided for by that section or may be revoked.<\/p>\n<p>(3) (a) Notwithstanding the repeal of section 10 (as amended by section 12 of the Local Government Act, 1955) of the Local Government Act, 1941, where an appeal under that section has been made to the appropriate Minister before such repeal, that appeal shall continue to be considered and may be determined under that section.<\/p>\n<p>(b) Notwithstanding the repeal of section 26 (as amended by section 41 of the Local Government Act, 1946) of the Local Government Act, 1941, where a request under that section for the consent of the appropriate Minister has been made before such repeal, that request shall continue to be considered and may be determined under those sections.<\/p>\n<p>(c) In this subsection, \u201cappropriate Minister\u201d has the same meaning that it has in Part II of the Local Government Act, 1941.<\/p>\n<p>PART 15<\/p>\n<h4>Ethical Framework for the Local Government Service<\/h4>\n<p>Annotations<\/p>\n<p>Modifications etc. (not altering text):<\/p>\n<p>C48<br \/>\nDefinition of \u201creturn period\u201d construed (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 6.<\/p>\n<p>6. Return Period<\/p>\n<p>(1) Subject to sub-article (2), the return period for the purposes of Part 15 of the Act shall be the period ending on the last day of February of each year.<\/p>\n<p>(2) (a) In a local election year the return period for incoming members to a local authority, who were not members of that local authority immediately prior to the local election in question, shall be the period of 6 weeks from the ordinary day of retirement in that year.<\/p>\n<p>(b) In the case of a person referred to in section 174(3) of the Act, the return period shall be the period of 6 weeks from the date such person becomes a person to whom section 167(1) of the Act applies.<\/p>\n<p>(c) In these Regulations \u201clocal election year\u201d and \u201cordinary day of retirement\u201d shall be construed in accordance with the Act.<\/p>\n<p>Section 166<\/p>\n<h4>Interpretation (Part 15).<\/h4>\n<p>166.\u2014(1) In this Part, except where the context otherwise requires\u2014<\/p>\n<p>\u201cactual knowledge\u201d means actual, direct and personal knowledge as distinct from constructive, implied or imputed knowledge and includes, in relation to a fact, belief in its existence the grounds for which are such that a reasonable person who is aware of them could not doubt or disbelieve that the fact exists;<\/p>\n<p>\u201cappropriate period\u201d means\u2014<\/p>\n<p>(a) in the case of a first declaration of a person to whom section 167(1) applies, the period which ended 12 months up to and including the date of his or her first declaration, and<\/p>\n<p>(b) in the case of subsequent declarations, the period between the date of his or her last previous declaration and the date of the next subsequent declaration;<\/p>\n<p>\u201cCommission\u201d means the Public Offices Commission established by section 21 of the Ethics in Public Office Act, 1995, or any body established in place of such Commission;<\/p>\n<p>\u201cconnected person\u201d means a brother, sister, parent or F236[spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 of the person] or a child of the person or of the spouse;<\/p>\n<p>\u201cdeclarable interest\u201d has the meaning set out in section 175;<\/p>\n<p>\u201cemployee\u201d, in relation to a local authority, means an employee to whom this Part applies and, subject to subsection (2), includes a F237[chief executive] for a local authority unless otherwise specified;<\/p>\n<p>\u201cethics registrar\u201d has the meaning given by section 173(1);<\/p>\n<p>\u201cgift\u201d includes a gift of money or other property;<\/p>\n<p>\u201cproperty\u201d means real or personal property;<\/p>\n<p>\u201crelevant code of conduct\u201d means the National Code of Conduct for Local Authority Members or the National Code of Conduct for Local Authority Employees, which are referred to in section 169;<\/p>\n<p>\u201creturn period\u201d means a period not exceeding 28 days from the commencement date specified in the relevant notice issued by the ethics registrar under section 174 or such other period as may be prescribed by regulations made by the Minister under section 171(4);<\/p>\n<p>\u201cspouse\u201d, in relation to a person, includes a person with whom the first-mentioned person is cohabiting.<\/p>\n<p>(2) For the purposes of this Part\u2014<\/p>\n<p>(a) a F237[chief executive] shall be deemed to be an employee of every local authority for which he or she is F237[chief executive],<\/p>\n<p>(b) an employee of a local authority who, by virtue of an arrangement or agreement entered into under this Act or any other enactment, is performing duties under or in respect of another local authority, shall be deemed to be also an employee of the other authority.<\/p>\n<p>(3) Where any body which is a company within the meaning of section 155 of the Companies Act, 1963, is deemed under that section to be a subsidiary of another or to be another such company\u2019s holding company, a person who is a member of the first-mentioned such company shall, for the purposes of section 171 and sections 175 to 179 be deemed also to be a member of the other company.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F236<br \/>\nSubstituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 97 and sch. part 1, item 28, S.I. No. 648 of 2010.<\/p>\n<p>F237<br \/>\nSubstituted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(1) and sch. 1 part 1 refs. 136, 137, S.I. No. 214 of 2014.<\/p>\n<p>Modifications etc. (not altering text):<\/p>\n<p>C49<br \/>\nDefinition of \u201cCommission\u201d amended (10.12.2001) by Ethics in Public Office Act 1995 (22\/1995), s. 21, as substituted (10.12.2001) by Standards in Public Office Act 2001 (31\/2001), s. 2, S.I. No. 576 of 2001 and resolutions of both Houses of the Oireachtas.<\/p>\n<p>Establishment, membership and functions of Commission.<\/p>\n<p>21.\u2014[(1) There is hereby established, in place of the Public Offices Commission, a commission (which shall be known as the Standards in Public Office Commission and is referred to in this Act as &#8220;the Commission&#8221;).]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E295<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.2003) Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002) regs. 4 and 5; revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004) reg. 3.<\/p>\n<p>Section 167<\/p>\n<h4>Application (Part 15).<\/h4>\n<p>167.\u2014(1) This Part applies to\u2014<\/p>\n<p>(a) a member of a local authority,<\/p>\n<p>(b) an employee of a local authority who is of a class, description or grade prescribed by regulations made by the Minister for the purposes of this Part, and<\/p>\n<p>(c) any other employee or other person who is the holder of a position designated by an order made by the F238[chief executive] for a local authority for the purposes of this Part.<\/p>\n<p>F239[(1A) In addition to those employees to whom this Part applies by virtue of subsection (1), sections 168, 169 and 170 also apply to every other employee of a local authority and those sections shall be read accordingly.]<\/p>\n<p>(2) This Part, other than sections 171, 175 and 178 also applies, where relevant, to any person to whom subsection (1) does not apply and\u2014<\/p>\n<p>(a) who is a member of a committee of a local authority, or<\/p>\n<p>(b) whose services are being availed of by the local authority,<\/p>\n<p>and a code of conduct under section 169 may contain provisions in relation to such persons.<\/p>\n<p>(3) Where a person to whom this Part applies has an interest in land or an interest relating to land or any business of dealing in or developing land by reason only of the beneficial ownership of shares in a company or other body by him or her or by his or her nominee or by a connected person or a nominee of a connected person and the total nominal value of those shares does not exceed the lesser of\u2014<\/p>\n<p>(a) \u00a310,000, or<\/p>\n<p>(b) one-hundredth part of the total nominal value of either the issued share capital of the company or body or, where that capital is issued in shares of more than one class, the issued share capital of the class or classes of shares in which he or she has an interest,<\/p>\n<p>the requirements of section 171 and sections 175 to 179 shall not have effect in relation to that interest or interests.<\/p>\n<p>(4) Notwithstanding subsection (2), the Minister may prescribe by regulations some or all of the provisions of sections 171 and 175, as provisions which apply to a person to whom subsection (2) applies, subject to such modifications or adaptations as are necessary.<\/p>\n<p>(5) (a) Part VII of the Act of 2000 shall cease to apply to\u2014<\/p>\n<p>(i) a member of a planning authority,<\/p>\n<p>(ii) a member of a committee of a planning authority, and<\/p>\n<p>(iii) an officer of a planning authority.<\/p>\n<p>(b) A declaration given in accordance with section 147 of the Act of 2000 by\u2014<\/p>\n<p>(i) a member of a planning authority, or<\/p>\n<p>(ii) an officer of a planning authority,<\/p>\n<p>shall continue to apply and have effect until replaced by a declaration furnished to the ethics registrar under section 171 of this Act.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F238<br \/>\nSubstituted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(1) and sch. 1 part 1 ref. 138, S.I. No. 214 of 2014.<\/p>\n<p>F239<br \/>\nInserted (2.06.2003) by Local Government (No. 2) Act 2003 (17\/2003), s. 4 and sch., commenced on enactment.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E296<br \/>\n\u00a310,000 converted (1.01.1999) to \u20ac12,697.38.<\/p>\n<p>E297<br \/>\nPower pursuant to section exercised (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), in effect as per reg. 2.<\/p>\n<p>E298<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004); revoked (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2.<\/p>\n<p>E299<br \/>\nPrevious affecting provision: power pursuant to section exercised (28.02.2003) by Local Government Act 2001 (Part 15) Regulations 2003 (S.I. No. 73 of 2003); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.<\/p>\n<p>E300<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.2003) by Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.<\/p>\n<p>Section 168<\/p>\n<h4>Standards of integrity.<\/h4>\n<p>168.\u2014In carrying out their functions under this or any other enactment, it is the duty of every member and every employee of a local authority and of every member of every committee to maintain proper standards of integrity, conduct and concern for the public interest.<\/p>\n<p>Section 169<\/p>\n<h4>Codes of conduct for Local Government Service.<\/h4>\n<p>169.\u2014(1) (a) After consultation with the Commission and the Minister for Finance, the Minister, may issue codes of conduct for the guidance of members of local authorities and of employees of local authorities.<\/p>\n<p>(b) A code of conduct shall deal with the conduct and standards of integrity of members and employees in performing their functions or in relation to any other matter connected with this Part.<\/p>\n<p>(c) In addition to the matters provided for by paragraph (b), a code of conduct shall also deal with matters which, in the opinion of the Minister, will help to uphold public confidence in the integrity of the discharge of local authority functions.<\/p>\n<p>(d) Codes to which this section relate shall be known as the National Code of Conduct for Local Authority Members and the National Code of Conduct for Local Authority Employees or by such other name as the Minister may decide from time to time.<\/p>\n<p>(2) The Minister may at any time review a code of conduct and may amend the code of conduct or withdraw it and issue a new code of conduct.<\/p>\n<p>(3) (a) Each member shall have regard to and be guided by the relevant code of conduct in the exercise of his or her functions.<\/p>\n<p>(b) Each employee shall, in so far as the code of conduct applies to that employee, have regard to and be guided by the code of conduct in the exercise of his or her functions.<\/p>\n<p>(c) There shall be deemed to be included in the terms and conditions of employment of an employee an undertaking by him or her to have regard to and be guided by the code of conduct in the exercise of his or her functions.<\/p>\n<p>(4) (a) (i) As soon as practicable after the election or co-option of a person as a member of a local authority, the ethics registrar shall supply to each such member a copy of the National Code of Conduct for Local Authority Members.<\/p>\n<p>(ii) The notice issued by the ethics registrar under section 174 shall draw the member\u2019s attention to the code of conduct and to subsection (3)(a).<\/p>\n<p>(b) (i) The ethics registrar shall supply to each employee, as soon as practicable, a copy of the National Code of Conduct for Local Authority Employees.<\/p>\n<p>(ii) The notice issued by the ethics registrar under section 174 shall draw the employee\u2019s attention to the code of conduct and to subsection (3)(b) and (c).<\/p>\n<p>(5) (a) A court may have regard to a code of conduct issued under this section in any proceedings for an offence under this Part.<\/p>\n<p>(b) The Commission may have regard to a code of conduct issued under this section in the carrying out of its functions in relation to a local authority.<\/p>\n<p>(6) A code of conduct adopted by a planning authority under section 150 of the Act of 2000 shall continue to apply and have effect until replaced by a code of conduct issued under this section.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C50<br \/>\nFunctions transferred and references to \u201cMinister for Public Expenditure and Reform\u201d in subs. (1)(a) construed (1.03.2023) by Standards in Public Office (Transfer of Departmental Administration and Ministerial Functions) Order 2023 (S.I. No. 89 of 2023), arts. 2, 3 and sch. in effect as per art. 1(2).<\/p>\n<p>2. (1) The administration and business in connection with the performance of any functions transferred by Article 3 are transferred to the Department of Finance.<\/p>\n<p>(2) References to the Department of Public Expenditure, National Development Plan Delivery and Reform contained in any Act or instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Finance.<\/p>\n<p>3. (1) The functions vested in the Minister for Public Expenditure, National Development Plan Delivery and Reform by or under the provisions of an Act specified in column (1) of the Schedule are transferred to the Minister for Finance to the extent specified in column (2) of the Schedule opposite the mention of the Act so specified.<\/p>\n<p>(2) References to the Minister for Public Expenditure, National Development Plan Delivery and Reform contained in any Act or instrument made under an Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Finance.<\/p>\n<p>&#8230;<\/p>\n<p>SCHEDULE<\/p>\n<p>Short Title of Act and Number<\/p>\n<p>Provision<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>Local Government Act 2001 (No. 37 of 2001)<\/p>\n<p>Paragraph (a) of subsection (1) of section 169.<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>Note change of name of Department and Minister to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023), in effect as per art. 1(2).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E301<br \/>\nPrevious affecting provision: functions transferred and references to \u201cDepartment of Finance\u201d and \u201cMinister for Finance\u201d in subs. (1)(a) construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2); superseded as per C -note above.<\/p>\n<p>Section 170<\/p>\n<h4>Prohibition of favours, rewards, etc.<\/h4>\n<p>170.\u2014(1) An employee or a member of a local authority or of a committee of a local authority shall not seek, exact or accept from any person, other than from the local authority concerned, any remuneration, fee, reward or other favour for anything done or not done by virtue of his or her employment or office, and a code of conduct under section 169 may include guidance for the purposes of this subsection.<\/p>\n<p>(2) Subsection (1) shall not be read so as to exclude the persons to whom that subsection relates from the application of the Prevention of Corruption Acts, 1889 to 1995, and any Act which is to be construed together as one with those Acts.<\/p>\n<p>Section 171<\/p>\n<h4>Annual declaration.<\/h4>\n<p>171.\u2014(1) It is the duty of a person to whom section 167(1) applies to prepare and furnish to the ethics registrar in accordance with subsection (2) or (3), as the case may be, an annual written declaration (in this Part referred to as an \u201cannual declaration\u201d or \u201cdeclaration\u201d, as the case may be), in the form prescribed by regulations made by the Minister, signed and dated by him or her and containing\u2014<\/p>\n<p>(a) particulars of his or her declarable interests (within the meaning of section 175), and<\/p>\n<p>(b) an undertaking by him or her to have regard to and be guided by the relevant code of conduct in the exercise of his or her functions.<\/p>\n<p>(2) Each member of a local authority shall prepare and furnish to the ethics registrar within the return period each year, an annual declaration and a statement that none of the grounds for disqualification referred to in section 13 or 182, or under section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999, apply.<\/p>\n<p>(3) Each employee of a local authority shall prepare and furnish to the ethics registrar within the return period each year an annual declaration.<\/p>\n<p>(4) The Minister may notwithstanding the definition of return period in section 166 prescribe by regulations a different commencement date or a different return period to the commencement dates or periods referred to in the definition of return period as the commencement date or period from or within which a declaration shall be furnished.<\/p>\n<p>(5) It shall not be necessary to specify in an annual declaration under this section the amount or monetary value of any declarable interest within the meaning of section 175.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E302<br \/>\nPower pursuant to section exercised (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), in effect as per reg. 2.<\/p>\n<p>E303<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004); revoked (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2.<\/p>\n<p>E304<br \/>\nPrevious affecting provision: power pursuant to section exercised (28.02.2003) by Local Government Act 2001 (Part 15) Regulations 2003 (S.I. No. 73 of 2003); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.<\/p>\n<p>E305<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.2003) by Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002); revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.<\/p>\n<p>Section 172<\/p>\n<h4>Public register of interests.<\/h4>\n<p>172.\u2014(1) The ethics registrar shall for the purposes of this Part, keep on behalf of the local authority concerned a public register which comprises of 2 parts, one containing members\u2019 interests and the other the interests of employees and persons referred to in section 167(2) (which register of interests is in this section referred to as the \u201cregister of interests\u201d).<\/p>\n<p>(2) There shall be entered in the register of interests the particulars contained in declarations under section 171 or disclosures under sections 177 to 179 furnished to the ethics registrar.<\/p>\n<p>(3) (a) The register of interests shall be kept at the offices of the local authority concerned, and shall be available for public inspection during normal office hours and any person may apply for a copy of the register or any entry in the register.<\/p>\n<p>(b) A copy of the register of interests, or any entry in the register may be obtained by any person on the payment to the local authority concerned of such fee (if any) as the local authority shall fix not exceeding the reasonable cost of making the copy.<\/p>\n<p>(4) Where a person ceases to be a person to whom section 167 applies, any particulars entered in the register of interests as a result of a declaration or disclosure being furnished to the relevant ethics registrar under this Part shall be removed from that register by the relevant ethics registrar as soon as may be after the expiration of the period of 15 years beginning on the day on which the person ceases to be such a person.<\/p>\n<p>Annotations<\/p>\n<p>Modifications etc. (not altering text):<\/p>\n<p>C51<br \/>\nApplication of section restricted (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 9, in effect as per reg. 2.<\/p>\n<p>9. Register of interests<\/p>\n<p>In respect of a relevant employee, the particulars to be included in the register of interests kept by a local authority pursuant to section 172 of the Act shall not include the address of that employee\u2019s home as entered on the prescribed form by him or her pursuant to the requirements of section 171 of the Act.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E306<br \/>\nPrevious affecting provision: application of section restricted (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 9; revoked (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2.<\/p>\n<p>E307<br \/>\nPrevious affecting provision: (28.02.2003) Local Government Act 2001 (Part 15) Regulations 2003 (S.I. No. 73 of 2003), reg. 4, revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004).<\/p>\n<p>Section 173<\/p>\n<h4>Ethics registrar.<\/h4>\n<p>173.\u2014(1) In this Part \u201cethics registrar\u201d means a person or persons assigned by order of the manager for a local authority to perform the duties of an ethics registrar in accordance with this Part in respect of such authority or authorities as are specified in the order.<\/p>\n<p>(2) No person shall perform the functions of an ethics registrar for a continuous period exceeding 2 years.<\/p>\n<p>Section 174<\/p>\n<h4>Duty of ethics registrar, etc.<\/h4>\n<p>174.\u2014(1)(a) It is the duty of the ethics registrar to issue to each member of the local authority concerned before every annual meeting of the authority, or such other time as may be prescribed by regulations made by the Minister, a signed and dated notice in writing informing the member of the requirement imposed on him or her under section 171 to prepare and furnish an annual declaration and such notice shall enclose the form so prescribed for that purpose.<\/p>\n<p>(b) The fact of the issue of a notice under paragraph (a) shall be brought to the attention of the members of the local authority at the next meeting of the authority after such issue.<\/p>\n<p>(2) In respect of and to each employee referred to in section 167(1) it is the duty of the ethics registrar to issue every year in the month of January, or such other time as may be prescribed by regulations made by the Minister, a signed and dated notice in writing informing the employee of the requirement imposed on him or her under section 171 to prepare and furnish an annual declaration and such notice shall enclose the form so prescribed for that purpose.<\/p>\n<p>(3) It is the duty of the ethics registrar to issue, as soon as practicable, to a person who becomes a person to whom section 167(1) applies subsequent to the issue of a notice under subsection (1) or (2) a signed and dated notice in writing informing such member or employee, as the case may be, of the requirement imposed on him or her under section 171 to prepare and furnish an annual declaration in the form prescribed by regulations made by the Minister and such notice shall enclose the form prescribed for that purpose.<\/p>\n<p>(4) Nothing in this section, including the non-receipt, for any reason, of a notice or form affects the requirement imposed on a person under section 171 to complete and furnish an annual declaration.<\/p>\n<p>(5) Where the ethics registrar finds a minor error or omission in a declaration, he or she shall furnish to the person concerned particulars in writing of the error or omission, as the case may be, and the ethics registrar shall inform such person that he or she may correct the error or make good the omission within the period of 21 days from the date on which the notification issued to such person.<\/p>\n<p>(6) Notwithstanding section 169(4) the ethics registrar may at any time where he or she considers it necessary issue a notice or otherwise bring to the attention of any person referred to in section 167 the appropriate requirements of this Part, including of a relevant code of conduct issued under section 169.<\/p>\n<p>(7) Where the ethics registrar, or the F240[chief executive] in relation to paragraph (c), becomes aware of a possible contravention of this Part it is his or her duty to bring the matter to the attention of\u2014<\/p>\n<p>(a) the F240[chief executive] for the local authority, in case the matter relates to any other employee,<\/p>\n<p>(b) the Cathaoirleach of the local authority, in case the matter relates to the F240[chief executive],<\/p>\n<p>(c) the Cathaoirleach of the local authority, in case the matter relates to the ethics registrar,<\/p>\n<p>(d) the F240[chief executive] for the local authority, in case the matter relates to the Cathaoirleach,<\/p>\n<p>(e) the Cathaoirleach and the F240[chief executive] for the local authority in case the matter relates to a member of the local authority other than the Cathaoirleach, and<\/p>\n<p>(f) in any other case, the F240[chief executive] for the local authority.<\/p>\n<p>(8) (a) The person or persons to whom the matter is brought to attention under subsection (7) shall consider what action should be taken and, without prejudice to the generality of the foregoing, the action may include\u2014<\/p>\n<p>(i) any investigative or disciplinary procedures which may be exercised in relation to the person concerned, whether under any other provision of this or any other enactment or otherwise,<\/p>\n<p>(ii) referral of the matter to the Director of Public Prosecutions in accordance with subsection (1)(b) or (4)(b) of section 181 as the case may be,<\/p>\n<p>(iii) any other course of action considered appropriate in the circumstances.<\/p>\n<p>(b) The person or persons to whom the matter is brought to attention under subsection (7) shall\u2014<\/p>\n<p>(i) cause a report to be prepared of his or her or their joint consideration of the matter, as the case may be, and<\/p>\n<p>(ii) cause such report to be sent to and be retained by the ethics registrar unless subsection (7)(c) applies, in which case such report shall be retained by the F240[chief executive] but only until the person concerned ceases to be the ethics registrar.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F240<br \/>\nSubstituted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(1) and sch. 1 part 1 refs. 139, 140, S.I. No. 214 of 2014.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E308<br \/>\nPower pursuant to section exercised (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), in effect as per reg. 2.<\/p>\n<p>E309<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004); revoked (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2.<\/p>\n<p>E310<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.2003) Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002), regs. 5, 6 and 8; revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.<\/p>\n<p>Section 175<\/p>\n<h4>Declarable interests.<\/h4>\n<p>175.\u2014 Each of the following interests is a declarable interest for the purposes of this Part:<\/p>\n<p>(a) any profession, business or occupation in which the person concerned is engaged or employed, whether on his or her own behalf or otherwise, and which relates to dealing in or developing land during the appropriate period;<\/p>\n<p>(b) any other remunerated trade, profession, employment, vocation, or other occupation of the person concerned held by that person during the appropriate period;<\/p>\n<p>(c) any estate or interest the person concerned has (subject to section 167(3)) in land including the case where the person concerned, or any nominee of his or her, is a member of a company or other body which has an estate or interest in land and without prejudice to the foregoing an interest in land shall be deemed to include\u2014<\/p>\n<p>(i) the interest of the person in any contract entered into by him or her for the purchase or sale of land, whether or not a deposit or part payment has been made under the contract, and<\/p>\n<p>(ii) the interest of the person in\u2014<\/p>\n<p>(I) any option held by him or her to purchase or sell land, whether or not any consideration has been paid for it, or<\/p>\n<p>(II) land in respect of which such an option has been exercised by the person but which has not yet been conveyed to the person;<\/p>\n<p>(d) any business of dealing in or developing land carried on during the appropriate period by a company or other body of which the person concerned, or any nominee of the person, is a member;<\/p>\n<p>(e) a holding by the person concerned of shares in, or bonds or debentures of, or other like investments in, a particular company or other enterprise or undertaking (which does not relate to land or any business of dealing in or developing land) if the aggregate value of the holding exceeded \u00a310,000 at any time during the appropriate period but holding does not include money in a current, deposit or other similar account with a financial institution;<\/p>\n<p>(f) a directorship or shadow directorship of any company held by the person concerned at any time during the appropriate period, and in this paragraph \u201cshadow directorship\u201d means the position held by a person who is a shadow director for the purposes of the Companies Acts, 1963 to 1999;<\/p>\n<p>(g) a gift, including foreign travel facilities, given to the person concerned during the appropriate period, but excluding\u2014<\/p>\n<p>(i) a gift given to the person by a F241[relative or friend of the person or of his or her spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or of a child of the person or his or her spouse for purely personal reasons only],<\/p>\n<p>(ii) a gift given to the person, or gifts given to the person by the same person, during the appropriate period, as respects which the value, or the aggregate value, of the property the subject of the gift or gifts did not exceed \u00a3500 at any time during the appropriate period;<\/p>\n<p>(h) property supplied or lent or a service supplied to the person concerned, once or more than once by the same person during the appropriate period, for a consideration or considerations or at a price or prices less than the commercial consideration or considerations or the commercial price or prices by more than \u00a3500 or which in the aggregate exceeded \u00a3500, other than property supplied or lent or a service supplied to the person concerned by a relative or friend of the person or of his or her spouse where such supply or loan was in the nature of a gift to the person and for personal reasons only;<\/p>\n<p>(i) property supplied or lent or a service supplied to the person concerned, once or more than once by the same person during the appropriate period, free of charge if the commercial consideration or considerations or the commercial price or prices was or were more than \u00a3500, or which in the aggregate exceeded \u00a3500, other than property supplied or lent or a service supplied to the person concerned by a relative or friend of the person or of his or her spouse where such supply or loan was in the nature of a gift to the person and for personal reasons only;<\/p>\n<p>(j) any contract to which the person concerned was a party or was in any other way, directly or indirectly, interested for the supply of goods or services to a local authority during the appropriate period if the value of the goods or services supplied during that period exceeded \u00a35,000 or, in case other goods or services were supplied under such a contract to a local authority during that period, if the aggregate of their value exceeded \u00a35,000;<\/p>\n<p>(k) a remunerated position held by the person concerned as a political or public affairs lobbyist, consultant or adviser during the appropriate period;<\/p>\n<p>(l) any other additional interest which may be prescribed by regulations made by the Minister;<\/p>\n<p>(m) any other additional interest which is not specified in paragraphs (a) to (k) or in regulations made by the Minister under paragraph (l) which the person concerned wishes to volunteer.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F241<br \/>\nSubstituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 97 and sch. part 1, item 29, S.I. No. 648 of 2010.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E311<br \/>\n\u00a310,000 converted (1.01.1999) to \u20ac12,697.38. \u00a3500 converted to \u20ac634.87. \u00a35,000 converted to \u20ac6,348.69.<\/p>\n<p>Section 176<\/p>\n<h4>Beneficial interests.<\/h4>\n<p>176.\u2014(1) In respect of a resolution, motion, question or other matter which is proposed, or otherwise arises from or as regards F242[the performance by the local authority concerned, or any municipal district members for that authority, of any functions] under this or any other enactment, \u201cbeneficial interest\u201d for the purposes of this Part, in relation to a person, includes an interest in respect of which\u2014<\/p>\n<p>(a) he or she or a connected person, or any nominee of his or her or of a connected person, is a member of a company or any other body which has a beneficial interest in, or which is material to, any such matter,<\/p>\n<p>(b) he or she or a connected person is in a partnership with or is in the employment of a person who has a beneficial interest in, or which is material to, any such matter,<\/p>\n<p>(c) he or she or a connected person is a party to any arrangement or agreement (whether or not enforceable) concerning land which relates to any such matter,<\/p>\n<p>(d) he or she or a connected person in the capacity as a trustee or as a beneficiary of a trust has a beneficial interest in, or which is material to, any such matter,<\/p>\n<p>(e) he or she or a connected person is acting with another person to secure or exercise control of a company which has a beneficial interest in, or which is material to any such matter.<\/p>\n<p>(2) A person shall also be deemed to have a beneficial interest which has to be disclosed under this Part if he or she has actual knowledge that he or she or a connected person has a declarable interest (within the meaning of section 175) in, or which is material to, a resolution, motion, question or other matter which is proposed, or otherwise arises from or as regards F242[the performance by the local authority, or by municipal district members, of any functions] under this or any other enactment.<\/p>\n<p>(3) A person shall not be regarded as having a beneficial interest which has to be disclosed under this Part where section 167(3) is applicable or because of\u2014<\/p>\n<p>(a) an interest which is so remote or insignificant that it cannot be reasonably regarded as likely to influence a person in considering or discussing, or in voting on, any question with respect to the matter or in performing any function in relation to that matter,<\/p>\n<p>(b) being a ratepayer or a local authority tenant and in common with other ratepayers or tenants, or<\/p>\n<p>(c) any other circumstances which may be prescribed by regulations made by the Minister.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F242<br \/>\nSubstituted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(1) and sch. 1 part 1 refs. 141, 142, S.I. No. 214 of 2014.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E312<br \/>\nPower pursuant to section exercised (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), in effect as per reg. 2.<\/p>\n<p>E313<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004); revoked (30.01.2015) by Local Government Act 2001 (Part 15) Regulations 2015 (S.I. No. 29 of 2015), reg. 3, in effect as per reg. 2.<\/p>\n<p>E314<br \/>\nPrevious affecting provision: (1.01.2003) Local Government Act 2001 (Part 15) Regulations 2002 (S.I. No. 582 of 2002), reg. 7; revoked (1.01.2005) by Local Government Act 2001 (Part 15) Regulations 2004 (S.I. No. 770 of 2004), reg. 3.<\/p>\n<p>Section 177<\/p>\n<h4>Disclosure by member of local authority of pecuniary or other beneficial interests.<\/h4>\n<p>177.\u2014(1) Where at a meeting of a local authority or of any committee, joint committee or joint body of a local authority, a resolution, motion, question or other matter is proposed or otherwise arises either\u2014<\/p>\n<p>(a) as a result of any of its functions under this or any other enactment, or<\/p>\n<p>(b) as regards the performance by the authority, committee, joint committee or joint body of any of its functions under this or any other enactment,<\/p>\n<p>then, a member of the authority, committee, joint committee or joint body present at such meeting shall, where he or she has actual knowledge that he or she or a connected person has a pecuniary or other beneficial interest in, or which is material to, the matter\u2014<\/p>\n<p>(i) disclose the nature of his or her interest, or the fact of a connected person\u2019s interest at the meeting, and before discussion or consideration of the matter commences, and<\/p>\n<p>(ii) withdraw from the meeting for so long as the matter is being discussed or considered,<\/p>\n<p>and, accordingly, he or she shall take no part in the discussion or consideration of the matter and shall refrain from voting in relation to it.<\/p>\n<p>(2) Where a member of a local authority, committee, joint committee or joint body of the local authority has actual knowledge that a matter is likely to arise at a meeting at which that member will not be present and which, if he or she were present, a disclosure would be required to be made under subsection (1), then that person shall in advance of such meeting make such disclosure in writing and furnish it to the ethics registrar.<\/p>\n<p>(3) There shall be recorded in the minutes of any meeting referred to in subsection (1) or (2) a reference to any disclosure made for the purposes of either of those subsections and of any subsequent withdrawal from the meeting and such disclosure shall be recorded in the register of interests.<\/p>\n<p>(4) A member of a local authority or of any committee, joint committee or joint body of a local authority shall neither influence nor seek to influence a decision of the authority in respect of any matter which he or she has actual knowledge that he or she or a connected person has a pecuniary or other beneficial interest in, or which is material to, any matter which is proposed, or otherwise arises from or as regards the performance by the authority of any of its functions under this or any other enactment.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C52<br \/>\nApplication of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 13, in effect as per reg. 3.<\/p>\n<p>Provisions of Part 15 (ethical framework) of the Act.<\/p>\n<p>13. The provisions of section 177 of the Act shall apply in respect of the disclosure by municipal district members of pecuniary or other beneficial interests at a meeting of municipal district members with the following modifications as if:\u2014<\/p>\n<p>(a) in subsection (1), the reference to \u201ca meeting of a local authority, or of any committee, joint committee or joint body of a local authority\u201d were a reference to \u201ca meeting of municipal district members or of any committee of municipal district members\u201d,<\/p>\n<p>(b) in subsection (1)(b):\u2014<\/p>\n<p>(i) the reference to \u201cthe performance by the authority, committee, joint committee or joint body of any of its functions\u201d were a reference to \u201cthe performance by the municipal district members of any of their functions or the performance by the committee of its functions\u201d, and<\/p>\n<p>(ii) the reference to \u201ca member of the authority, committee, joint committee or joint body present\u201d were a reference to \u201ca municipal district member or a member of a committee present\u201d,<\/p>\n<p>(c) in subsection (2), the reference to \u201ca member of a local authority, committee, joint committee or joint body of the local authority\u201d were a reference to \u201ca municipal district member or a member of a committee of the municipal district members\u201d, and<\/p>\n<p>(d) in subsection (4):\u2014<\/p>\n<p>(i) the reference to \u201ca member of a local authority or of any committee, joint committee or joint body of a local authority\u201d were a reference to \u201ca municipal district member or a member of any committee of municipal district members\u201d,<\/p>\n<p>(ii) the reference to \u201cinfluence a decision of the authority\u201d were a reference to \u201cinfluence a decision of the municipal district members\u201d, and<\/p>\n<p>(iii) the reference to \u201cperformance by the authority of any of its functions\u201d were a reference to \u201cperformance by the municipal district members of any of their functions\u201d.<\/p>\n<p>Section 178<\/p>\n<h4>Disclosure by manager for local authority of pecuniary or other beneficial interests.<\/h4>\n<p>178.\u2014(1) This section applies where the manager for a local authority has actual knowledge that he or she or a connected person has a pecuniary or other beneficial interest in, or which is material to, any matter which is proposed or otherwise arises from or as regards the performance by the authority of any of its functions under this or any other enactment.<\/p>\n<p>(2) The manager to whom subsection (1) relates shall comply with the following requirements:<\/p>\n<p>(a) he or she shall neither influence nor seek to influence a decision of the local authority as regards the matter;<\/p>\n<p>(b) he or she shall, as soon as may be, disclose in writing to the Cathaoirleach of the local authority the nature of his or her interest or the fact of a connected person\u2019s interest, and the Cathaoirleach shall furnish such written disclosure to the ethics registrar without delay.<\/p>\n<p>(3) A disclosure furnished under subsection (2) shall be recorded by the ethics registrar in the register of interests.<\/p>\n<p>(4) Where a function would normally be dealt with by the manager, the function shall be delegated by him or her in accordance with section 154, after disclosure under subsection (2), to an employee.<\/p>\n<p>(5) The manager shall inform the Cathaoirleach of any delegation under subsection (4).<\/p>\n<p>Section 179<\/p>\n<h4>Disclosure by employee, etc. of local authority of pecuniary or other beneficial interests.<\/h4>\n<p>179.\u2014(1) This section applies where\u2014<\/p>\n<p>(a) an employee of a local authority other than the F243[chief executive], or<\/p>\n<p>(b) any other person whose services are being availed of by the local authority,<\/p>\n<p>has actual knowledge that he or she or a connected person, has a pecuniary or other beneficial interest in, or which is material to, any matter, which is proposed or otherwise arises from or as regards the performance by the authority of any of its functions under this or any other enactment.<\/p>\n<p>(2) The employee or other person to whom subsection (1) relates shall comply with the following requirements:<\/p>\n<p>(a) he or she shall neither influence nor seek to influence a decision of the local authority as regards the matter;<\/p>\n<p>(b) where he or she as an employee is concerned with the matter in the course of his or her duties, he or she shall disclose in writing to the F243[chief executive] of the local authority the nature of his or her interest or the fact of a connected person\u2019s interest and comply with any directions (including the reassignment of the matter in question to another employee) the F243[chief executive] may give him or her in relation to the matter;<\/p>\n<p>(c) where he or she as a person whose services are being availed of by the local authority is concerned with the matter in the course of his or her duties, he or she shall disclose in writing to the F243[chief executive] the nature of his or her interest or the fact of a connected person\u2019s interest and comply with any directions, the F243[chief executive] may give him or her in relation to the matter.<\/p>\n<p>(3) A disclosure to which subsection (2)(b) or (2)(c) relates shall be forwarded by the F243[chief executive] to the ethics registrar and recorded by him or her in the register of interests.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F243<br \/>\nSubstituted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(1) and sch. 1 part 1 refs. 143-146, S.I. No. 214 of 2014.<\/p>\n<p>Section 180<\/p>\n<h4>Application of Ethics in Public Office Act, 1995, etc.<\/h4>\n<p>180.\u2014(1) In this section \u201cthe Acts\u201d means the Ethics in Public Office Act, 1995, and any other Act which is to be construed together as one with that Act.<\/p>\n<p>(2) The Acts shall apply in relation to a local authority subject to the provisions of this section and with such other modifications as may be necessary and for that purpose\u2014<\/p>\n<p>(a) the powers of investigation and report conferred on the Commission apply in relation to a person to whom subsection (1) or (2) of section 167 relates,<\/p>\n<p>(b) subsection (3) shall apply as regards a report prepared by the Commission,<\/p>\n<p>(c) subsection (4) shall apply as regards the consideration of such report by a local authority.<\/p>\n<p>(3)(a) Where a report prepared by the Commission relates to\u2014<\/p>\n<p>F244[(i) a chief executive, it shall be furnished to the Cathaoirleach of the local authority concerned,]<\/p>\n<p>(ii) the Cathaoirleach of a local authority, it shall be furnished to the Leas-Chathaoirleach of the authority and to its F244[chief executive],<\/p>\n<p>(iii) any other member of a local authority, it shall be furnished to the Cathaoirleach of the authority and to its F244[chief executive],<\/p>\n<p>(iv) any employee of a local authority other than the F244[chief executive], it shall be furnished to the F244[chief executive] of the local authority concerned, and<\/p>\n<p>(v) any other person to whom subsection (1) or (2) of section 167 relates, it shall be furnished to the F244[chief executive] of the local authority concerned.<\/p>\n<p>(b) Nothing in this subsection shall be read so as to prevent the furnishing of a report referred to in paragraph (a) to any other person in accordance with the Acts.<\/p>\n<p>(4)(a) Where a report referred to in subparagraph (i), (ii) or (iii) of subsection (3)(a) is furnished to a local authority, it shall be considered by the elected council. The elected council shall decide on such action to be taken as may be considered appropriate in all the circumstances including, in the case of subparagraph (i) of subsection (3)(a), the exercise of powers of suspension or removal pursuant to section 146.<\/p>\n<p>(b) Where a report referred to in subparagraph (iv) or (v) of subsection (3)(a) is furnished to a local authority it shall be considered by its F244[chief executive]. The F244[chief executive] shall decide on such action to be taken as may be considered appropriate in all the circumstances including, in the case of an employee, suspension with or without pay or termination of employment.<\/p>\n<p>(c) The F244[chief executive] shall inform the elected council of the result of a consideration under paragraph (b).<\/p>\n<p>(5) Nothing in this section shall be read as prejudicing the Commission in carrying out the functions conferred on it by the Acts.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F244<br \/>\nSubstituted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(1) and sch. 1 part 1 refs. 147-153, S.I. No. 214 of 2014.<\/p>\n<p>Section 181<\/p>\n<h4>Offences (Part 15).<\/h4>\n<p>181.\u2014(1) (a) Subject to subsection (3), a person is guilty of an offence where he or she fails to comply with the requirements of section 171 or who, when claiming to comply with those requirements, gives particulars which are false or which to his or her knowledge are misleading in a material respect.<\/p>\n<p>(b) Proceedings for an offence under this subsection shall not be instituted except by or with the consent of the Director of Public Prosecutions.<\/p>\n<p>(2) A person guilty of an offence under subsection (1) is liable\u2014<\/p>\n<p>(a) on summary conviction to a fine not exceeding \u00a31,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both,<\/p>\n<p>(b) on conviction on indictment, to a fine not exceeding \u00a310,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both.<\/p>\n<p>(3) In any proceedings for an offence under subsection (1) it is a good defence for the defendant to prove that at the relevant time he or she believed in good faith, and upon reasonable grounds, that\u2014<\/p>\n<p>(a) the relevant particulars were true,<\/p>\n<p>(b) there was no matter as regards which he or she was then required to make a declaration under section 171, or<\/p>\n<p>(c) the matter in relation to which the offence is alleged was not one as regards which he or she was so required to make such declaration.<\/p>\n<p>(4) (a) Subject to subsection (6), a person is guilty of an offence where he or she fails to comply with any of the requirements of section 177, 178 or 179 or who, when claiming to comply with those requirements, gives particulars which are false or which to his or her knowledge are misleading in a material respect.<\/p>\n<p>(b) Proceedings for an offence under this subsection shall not be instituted except by or with the consent of the Director of Public Prosecutions.<\/p>\n<p>(5) A person guilty of an offence under subsection (4) is liable\u2014<\/p>\n<p>(a) on summary conviction to a fine not exceeding \u00a31,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both,<\/p>\n<p>(b) on conviction on indictment, to a fine not exceeding \u00a310,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both.<\/p>\n<p>(6) In any proceedings for an offence under subsection (4) it is a good defence for the defendant to prove that at the time of the alleged offence he or she did not have actual knowledge and had no reason to believe that a matter in which, or in relation to which, he or she or a connected person had a beneficial interest had arisen or had come before the local authority concerned, or was being considered by it or by a committee or joint body of the local authority, as may be appropriate, or that the beneficial interest to which the alleged offence relates was one in relation to which a requirement of section 177, 178 or 179 applied.<\/p>\n<p>(7) Summary proceedings for an offence under this Part may be brought by the local authority concerned, subject to subsection (1)(b) or (4)(b).<\/p>\n<p>(8) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Part may be commenced\u2014<\/p>\n<p>(a) at any time within 12 months from the date on which the offence was committed,<\/p>\n<p>(b) at any time within 6 months from the date on which evidence sufficient, in the opinion of the local authority by whom the proceedings are initiated, to justify the proceedings, comes to such authority\u2019s knowledge,<\/p>\n<p>whichever is the later, but no such proceedings shall be initiated later than 5 years from the date on which the offence concerned was committed.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E315<br \/>\nA fine of \u00a31,500 converted (1.01.1999) to \u20ac1,904.60. This translates into a class C fine, not exceeding \u20ac2,500, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010<\/p>\n<p>E316<br \/>\nA fine of \u00a310,000 converted (1.01.1999) to \u20ac12,697.38.<\/p>\n<p>Section 182<\/p>\n<h4>Consequences of failure to comply with sections 171, 177, 178 and 179.<\/h4>\n<p>182.\u2014(1) (a) Where a person is convicted of an offence under section 181 (which relates to section 171, 177, 178 or 179) that person is disqualified from being elected or co-opted to or from being a member of a local authority.<\/p>\n<p>(b) A disqualification arising under paragraph (a) commences\u2014<\/p>\n<p>(i) where no appeal is taken against the conviction, when the time limit for taking an appeal has passed, or<\/p>\n<p>(ii) where an appeal is taken against the conviction and the appeal is disallowed, from the determination of the appeal,<\/p>\n<p>and the disqualification shall be for 5 years from the date of conviction or determination of the appeal, as the case may be.<\/p>\n<p>(2) Where a person contravenes or fails to comply with a requirement of section 171, 177, 178 or 179 or acts as a member of a local authority, committee, joint committee or joint body of a local authority while disqualified for membership by virtue of this section, the fact of such contravention or failure or of his or her so acting, as the case may be, does not invalidate any act or proceeding of the authority, committee, joint committee or joint body concerned.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-11839\" data-postid=\"11839\" class=\"themify_builder_content themify_builder_content-11839 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Workforce Local authority employees comprise \u00a0approximately 2 percent of the workforce and over 10 percent of the public sector workforce.\u00a0 Local authorities have powers to employ such persons as they may from time to time think proper and determine and alter their remuneration and terms of employment. Most employment legislation applies to local authority employees. 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