LOCAL GOVERNMENT ACT, 2001

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

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

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

• (ii) publication of service delivery plans,

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

and each local authority shall have regard to such guidelines.

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

135. Report on capital programme.

135.—(1) Before the start of each local financial year the F213[chief executive] shall prepare and submit to the elected council a report indicating the programme of capital projects proposed by the local authority for the forthcoming and the following two local financial years having regard to the availability of resources.

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

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

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

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

136. Furnishing of information to elected council.

F214[136.—(1) Without prejudice to section 105, 135, 137 or 138, where relevant, a chief executive shall, whenever requested—

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

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

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

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

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

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

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

• (3) The Minister may prescribe by regulations—

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

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

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

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

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

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

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

137. Plans, specifications to be prepared for elected council.

137.—(1) The elected council or a joint body may at any time by resoluti16on require the F215[chief executive] for the local authority or joint body concerned to prepare and submit to the elected council or joint body, as the case may be—

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

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

• (2) Whenever the elected council or joint body passes a resolution to which subsection (1) relates, the F215[chief executive] concerned shall, as soon as conveniently may be, prepare and submit to the elected council or joint body, plans and specifications and an estimate in accordance with the resolution.

138. Prior information to elected council.

138.—(1) The F216[chief executive] shall inform the elected council or joint body concerned—

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

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

• (2) Subject to this section, an elected council or joint body may by resolution direct that, before the F216[chief executive] performs any specified executive function of the local authority or joint body, he or she shall inform the elected council or joint body, as the case may be, of the manner in which he or she proposes to perform that function, and the F216[chief executive] shall comply with the resolution.

• (3) A resolution under subsection (2) may relate to any particular case or occasion or to every case or occasion of the performance of the specified executive function and may define what information is to be given and how and when it is to be given and the F216[chief executive] shall comply with the resolution.

• (4) Nothing in this section prevents the F216[chief executive] from dealing immediately with any situation which he or she considers is an emergency situation calling for immediate action without regard to subsections (1) to (3).

• (5) Without prejudice to the generality of subsection (4), an emergency situation for the purpose of that subsection shall be deemed to include a situation where, in the opinion of the F216[chief executive], the works concerned are urgent and necessary (having regard to personal health, public health or safety considerations) in order to provide a reasonable standard of accommodation for any person.

139. Direction that works not proceed.

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

• (2) The F217[chief executive] shall comply with a resolution of an elected council or joint body duly and lawfully passed under this section.

140. Requirement that a particular thing be done.

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

• (2) Subject to this section, an elected council or joint body may by resolution require any particular act, matter or thing specifically mentioned in the resolution and which the local authority or the F218[chief executive] concerned can lawfully do or effect, to be done or effected in the performance of the executive functions of the local authority.

• (3) Notice of the intention to propose a resolution under this section shall be given in writing to the F218[chief executive] and the notice—

• (a) shall be signed by F219[at least 2 members],

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

• (c) may require that the proposed resolution be considered at a special meeting and shall then specify a day (F219[not less than 5 days] after the day on which the notice is received by the F218[chief executive]) for the holding of the special meeting.

• (4) A resolution under this section shall not be considered at a meeting of the local authority which is held F219[less than 5 days] after the day on which the F218[chief executive] received the relevant notice under subsection (3).

• (5) Where the F218[chief executive] receives a notice under subsection (3), he or she shall, as soon as possible, send a copy of the notice to every member of the local authority and, if the notice requires a special meeting and subsection (6) does not apply, a special meeting of the local authority shall be convened for the day specified in that behalf in the notice.

• (6) Where a notice under subsection (3) specifies a day for the holding of a special meeting, and an ordinary meeting of the local authority is to be held on a day within the period of 14 days after the day on which the F218[chief executive] receives the notice, the resolution shall be considered at that ordinary meeting and a special meeting shall not be convened.

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

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

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

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

• (9) Where a resolution is duly and lawfully passed under this section, and if and when and in so far as money for its purpose is or has been provided, the F218[chief executive] shall cause the act, matter or thing mentioned in the resolution to be implemented.

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

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

• F220[(aa) to the performance of any function, the doing of any act or the making of any decision under or for the purposes of the Local Government Act 2019,]

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

• (c) to every case or occasion of the performance of any such function in a particular area or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which any such function is performed in that area, F221[…]

• F222[(d) so as to prevent the performance of any function of a local authority which the authority or the chief executive is required by law or by order of a court to perform,

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

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

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

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

141. Duty of members appointed to other bodies.

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

• (a) annually, or

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

• F224[(1A) A member of a local authority who is elected, appointed or nominated by that authority to another body in accordance with subsection (1), shall, within 15 working days of the end of each 3 monthly period to 31 March, 30 June, 30 September and 31 December in each year notify the local authority concerned of all attendances by the member at meetings of the body concerned and any payments made by or on behalf of that body (including details of distances travelled where payments are in respect of the use of a private vehicle) to the member during the period.

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

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

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

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

142. Members’ expenses, remuneration, etc.

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

• F225[(a) attendance at meetings of—

• (i) the local authority,

• (ii) municipal district members of that authority,

• (iii) a committee of that authority, or

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

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

• (c) the post of chair of a strategic policy committee;

• (d) any other specified matter.

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

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

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

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

• (4) Regulations under this section may provide for—

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

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

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

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

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

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

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

• F226[(ga) a public register of all attendances and payments to which section 141 relates;]

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

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

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

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

(5)(a) This subsection applies to a conference, seminar F227[…] or other meeting or event held, whether within or outside the State, for the purpose of discussing, obtaining or imparting information regarding or connected with any matter that is of concern to the local authority in relation to the performance of its functions and is relevant to its administrative area and to the local community.

• (b) An elected council may authorise one or more of its members to represent the authority at a meeting or event to which this subsection applies and such authorisation may, subject to regulations under this section, be given in an individual case or as regards such attendances generally during a particular year.

• (c) A local authority may provide in its budget an amount to meet expenditure for the purposes of this subsection.

• (d) An elected council shall not authorise under this subsection unless, having had regard to the following matters, it is satisfied that the authorisation is justified by reference to—

• (i) the benefits likely to accrue,

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

• (iii) the total cost involved.

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

• F228[(f) Where a member of an elected council attends a conference, seminar or other meeting or event held by virtue of an authorisation under this section, he or she shall, within 15 working days of such attendance, submit to the Cathaoirleach a written report, which shall indicate the nature of the meeting and contain a summary of the proceedings, and the Cathaoirleach shall submit the report to the next ordinary meeting of the local authority.

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

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

F229[(5A)(a) This subsection applies to training regarding or connected with any matter that is of concern to the local authority in relation to the performance of its functions and is relevant to its administrative area and to the local community.

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

• (c) A local authority may provide in its budget an amount to meet expenditure for the purposes of this subsection.

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

• (i) the benefits likely to accrue,

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

• (iii) the total cost involved.

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

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

• (g) The Minister may make regulations—

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

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

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

• F230[(6) A local authority shall comply with any guidelines issued under subsections (5) (g) and (5A)(f).]

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

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

143. Allowance for Cathaoirleach and Leas-Chathaoirleach.

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

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

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

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

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

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

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

Chapter 2 Position of Chief Executive

144. Position of chief executive

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

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

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

• (b) Paragraph (a) does not apply to—

• (i) the title of any Act,

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

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

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

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

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

• (a) two or more counties, or

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

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

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

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

145. F232[Appointment of chief executive.

145.— (1) The following are reserved functions—

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

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

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

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

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

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

whichever is the earlier, and

• (b) in any other case—

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

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

whichever is the earlier.

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

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

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

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

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

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

and each such local authority shall comply with those regulations.

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

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

• (I) such information may be so sought, and

• (II) further information may be so sought,

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

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

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

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

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

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

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

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

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

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

146. F233[Suspension and removal of chief executive

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

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

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

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

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

• (c) in the case of a suspension, specify a period not exceeding 2 months for the proposed suspension,

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

• (e) be delivered to the meetings administrator, and

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

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

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

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

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

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

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

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

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

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

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

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

• (c) A panel shall be independent in the performance of its functions.

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

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

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

147. F234[Tenure of chief executive

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

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

• (b) the period from the date of the appointment to the date on which he or she attains F235[the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age],

and on the expiration of that period he or she ceases to hold the employment F236[but, where the person is a new entrant (within the meaning of the aforementioned Act) appointed on or after 1 April 2004, the requirement to cease to hold the employment on grounds of age shall not apply].

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

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

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

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

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

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

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

• (a) the form of the prescribed notification;

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

• (c) subject to subsection (2), the period by which the tenure period shall be extended;

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

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

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

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

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

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

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

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

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

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

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

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

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

148. F237[Deputy chief executive

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

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

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

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

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

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

• (ii) there is no subsisting appointment, or

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

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

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

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

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

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

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

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

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

149. F238[Executive functions

149.—(1) In this section—

"elected council" includes the members of a joint body;

"local authority" includes a joint body.

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

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

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

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

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

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

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

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

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

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

• (a) at a meeting of the council;

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

• (c) at a meeting of any committee of the council;

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

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

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

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

149A. F239[Executive functions and shared services

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

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

Chapter 3 Procedural Matters

150. Definitions.

150.—In this Chapter—

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

“local authority” includes a joint body.

151. Manager acting by signed order.

151.—(1) The F240[chief executive] shall in carrying out the executive functions for each local authority for which he or she is F240[chief executive] act by a written order signed and dated by him or her in respect of the functions to which this section applies.

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

• (a) is required by this or any other enactment to be done by order of a F240[chief executive],

• (b) is mentioned in Schedule 15,

• (c) is designated by order made by the Minister under subsection (9), or

• (d) is considered by the F240[chief executive] to be of sufficient importance to be done by order.

• (3) Every F240[chief executive] shall keep, in respect of each local authority for which he or she is F240[chief executive], a register in which is entered a copy of every order made by him or her in accordance with this section for such local authority.

• (4) At every meeting of a local authority, there shall be available for inspection by the elected council so much of the register referred to in subsection (3) as contains any orders made by the F240[chief executive] since the last previous meeting of the local authority.

• (5) Any member of a local authority is entitled on request to be furnished by the F240[chief executive] for the local authority with a copy of a particular order made by the F240[chief executive].

• (6) Every document claiming to be an order made and signed by a F240[chief executive] shall—

• (a) be received in evidence without proof of the signature of the person claiming to sign such document or that such person was such F240[chief executive], and

• (b) until the contrary is proved, be deemed to be an order duly made and signed by such F240[chief executive] in accordance with this section and to have been so signed on the date stated in that document.

• F241[(7) Every document claiming to be certified in writing—

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

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

shall—

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

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

• (8) The failure or omission to act by signed order in accordance with this section does not of itself operate to invalidate any action or decision taken by a F240[chief executive] or a local authority.

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

• (10) Subject to the provisions of any other enactment, nothing in this section shall be read as precluding the revocation or amendment of an order made by a F240[chief executive] by a subsequent such order.

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

152. Attendance of manager at local authority meetings.

152.—(1) Every F242[chief executive] has the right—

• (a) to attend and speak at meetings of a local authority for which he or she is F242[chief executive], and

• (b) to take part in its discussions,

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

• (2) In so far as it is not inconsistent with the due performance of functions by a F242[chief executive] in relation to the local authorities for which he or she is F242[chief executive], a manager shall attend—

• (a) any meeting of a local authority for which he or she is F242[chief executive] where he or she is requested by the elected council of that local authority to attend, and

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

• (3) Whenever a F242[chief executive] attends a meeting of a local authority or of a committee of the local authority in accordance with subsection (2)—

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

• (b) he or she shall arrange for the attendance at such meeting of such of the employees of the local authorities for which he or she is F242[chief executive] as may be appropriate having regard to the business to be transacted at that meeting.

• F243[(3A) This section applies to the chief executive of a local authority in respect of meetings of a municipal district of the local authority in the same manner as it applies to meetings of that authority.]

• (4) Without prejudice to section 154, in this section F242[chief executive] includes an employee to whom the functions of the F242[chief executive] stand delegated in accordance with that section in respect of the local authority in question.

153. Legal proceedings.

153.—(1) The F244[chief executive] for a local authority—

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

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

• (2) Where an action or other proceeding relates to the exercise or performance by the local authority of a reserved function, the F244[chief executive] for that authority shall, in the doing of any such act, matter, or thing referred to in subsection (1), act with the express authorisation of the elected council of such local authority, and in any proceedings such authorisation shall be deemed to have been given unless or until the contrary is shown.

154. Delegation of functions.

154.—(1) This section does not apply for the purposes of the appointment of a deputy F245[chief executive], in respect of which section 148 applies.

• (2) A F245[chief executive] for a local authority may by order delegate such of his or her functions as he or she thinks proper to an employee of any local authority for which he or she is F245[chief executive] and such person shall perform such duties as are appropriate to the functions so delegated and shall for that purpose and subject to this section act in place of the F245[chief executive].

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

• (a) the employee shall perform the delegated function under the general direction and control of the F245[chief executive],

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

• (c) a provision of or under this or any other enactment which vests functions in the F245[chief executive] or regulates the manner in which any function is to be performed (including the making of an order under section 151) shall, if and in so far as it is applicable to the delegated function, have effect, for the purposes of the performance of that function by the employee, with the substitution of the employee for the F245[chief executive] and every such provision shall be read accordingly.

• (4) Where a function is delegated under this section the function shall continue to be vested in the F245[chief executive] but shall be so vested concurrently with the employee to whom it is delegated and so as to be capable of being performed by either such F245[chief executive] or such employee.

• (5) The F245[chief executive] may by order amend or revoke a delegation made under this section or made under any other provision repealed by this Act.

• (6) Where a function is performed by an employee pursuant to a delegation under this section and any surcharge or charge subsequently falls to be made consequent on such performance in case the payment was made or authorised to be made or the loss or deficiency was caused, by the employee, the F245[chief executive] shall be treated as if he or she also had made or authorised the making of the payment or had caused the loss or deficiency.

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

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

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

Chapter 4 Local Authority Personnel

155. Definitions (Chapter 4).

155.—In this Chapter, except where the context otherwise requires—

“appropriate Minister” has the meaning given by section 156;

“Board” 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;

F246[…]

“local authority” includes a joint body.

156. Appropriate Minister.

156.—(1) In this Chapter “appropriate Minister” means—

• (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,

• (b) in all other cases, the Minister.

• (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.

• (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.

157. Application (Chapter 4).

157.—(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.

• (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.

• (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.

• (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—

• (a) the office of coroner or deputy coroner under the Coroners Act, 1962,

• (b) the offices under the Courthouses (Provision and Maintenance) Act, 1935, of caretaker and assistant to the caretaker of courthouse accommodation,

• (c) the offices under the Pounds (Provision and Maintenance) Act, 1935, of poundkeeper and assistant to a poundkeeper.

• (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.

158. Provisions relating to the employment of persons by local authorities.

158.—(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.

• (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.

• F247[(ba) The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make regulations relating to the retirement of employees of a local authority that is a fire authority (within the meaning of the Fire Services Act 1981) whose duties include attendance at fires, including specifying the age at which such employees shall retire, being an age that is higher than the age of 55 years and not exceeding the normal retirement age (within the meaning of section 13(1) of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012).]

• (c) F248[…]

• (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.

• (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.

• (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.

159. Staffing and organisational arrangements.

159.—(1) The F249[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.

• (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 F249[chief executive] is responsible.

• (3) An employee of a local authority shall—

• (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 F249[chief executive] is responsible, and

• (b) carry out such instructions as may be duly given in relation to the performance of his or her duties.

• (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,

• (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

• (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.

(5)(a) An employee of a local authority shall not engage—

• (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

• (ii) in any occupation which might—

• (I) conflict with the interests of the local authority, or

• (II) be inconsistent with the discharge of his or her duties as a local authority employee.

• (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.

• (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.

• (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.

160. Qualifications for employment.

160.—(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.

• (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 F250[shall consult with the Public Appointments Service].

• F251[(ba) Where a Minister has, prior to the commencement of section 68 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024, declared qualifications under this section, such a declaration shall not be affected by reason only that he or she did not, prior to the making of that declaration, consult with the Commission for Public Service Appointments.

• (bb) Paragraph (ba) shall not apply to proceedings challenging a declaration under this section that were initiated prior to the commencement of section 68 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024.]

• (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.

• (d) For the purposes of this section, the fact that a person F252[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.

• (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.

• (2)
• (a) The Minister may, by order (in this section referred to as a “transfer order”), 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.

• (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.

• (c) A transfer order shall not prejudice the right of the Minister to make or amend any qualifications declared under this section.

• (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.

• (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.

• (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.

• (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.

• (4)
• (a) Any qualifications declared by the Board under this section may be amended or revoked by the Minister or the Board.

• (b) A local authority may amend the qualifications for any employment fixed by it under subsection (3).

• (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.

161. Restrictions on local authority employment and membership of a local authority.

161.—(1) (a) Subject to paragraph (b), a member of a local authority is not to be employed by a local authority.

• (b) The Minister may by order—

• (i) designate such class, description or grade of employments to which paragraph (a) does not apply,

• (ii) specify such conditions under which paragraph (a) does not apply.

• (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 F253[Act, subject to the proviso that an order under subsection (1)(b) may be made before or after that day].

• (3) F253[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.

• (4) F254[…]

162. Modification of restriction on being employed under certain related bodies.