LOCAL GOVERNMENT ACT, 2001

162.—(1) (a) In this section, “section 70(1) as applied” 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—

• (i) section 25(6) of the Local Elections (Petitions and Disqualifications) Act, 1974, and

• (ii) section 12 of the Regional Technical Colleges (Amendment) Act, 1999.

• (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.

• (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.

• (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.

• (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.

• (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.

• (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.

163. Amendment of Local Authorities (Officers and Employees) Act, 1926.

163.—Section 6 of the Local Authorities (Officers and Employees) Act, 1926, is amended by the substitution of the following for subsection (5):

• “(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.”.

164. Amendment of Unfair Dismissals Act, 1977.

164.—Section 2(1) of the Unfair Dismissals Act, 1977, is amended by the substitution of the following for paragraph (i):

• “(i) a manager for a local authority for the purposes of section 144 of the Local Government Act, 2001,”.

165. Savers (Chapter 4).

165.—(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.

• (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.

• (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.

• (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.

• (c) In this subsection, “appropriate Minister” has the same meaning that it has in Part II of the Local Government Act, 1941.

PART 15 Ethical Framework for the Local Government Service

166. Interpretation (Part 15).

166.—(1) In this Part, except where the context otherwise requires—

“actual knowledge” means actual, direct and personal knowledge as distinct from constructive, implied or imputed knowledge and includes, in relation to a fact, belief in its existence the grounds for which are such that a reasonable person who is aware of them could not doubt or disbelieve that the fact exists;

“appropriate period” means—

• (a) in the case of a first declaration of a person to whom section 167(1) applies, the period which ended 12 months up to and including the date of his or her first declaration, and

• (b) in the case of subsequent declarations, the period between the date of his or her last previous declaration and the date of the next subsequent declaration;

“Commission” means the Public Offices Commission established by section 21 of the Ethics in Public Office Act, 1995, or any body established in place of such Commission;

“connected person” means a brother, sister, parent or F255[spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 of the person] or a child of the person or of the spouse;

“declarable interest” has the meaning set out in section 175;

“employee”, in relation to a local authority, means an employee to whom this Part applies and, subject to subsection (2), includes a F256[chief executive] for a local authority unless otherwise specified;

“ethics registrar” has the meaning given by section 173(1);

“gift” includes a gift of money or other property;

“property” means real or personal property;

“relevant code of conduct” means the National Code of Conduct for Local Authority Members or the National Code of Conduct for Local Authority Employees, which are referred to in section 169;

“return period” means a period not exceeding 28 days from the commencement date specified in the relevant notice issued by the ethics registrar under section 174 or such other period as may be prescribed by regulations made by the Minister under section 171(4);

“spouse”, in relation to a person, includes a person with whom the first-mentioned person is cohabiting.

• (2) For the purposes of this Part—

• (a) a F256[chief executive] shall be deemed to be an employee of every local authority for which he or she is F256[chief executive],

• (b) an employee of a local authority who, by virtue of an arrangement or agreement entered into under this Act or any other enactment, is performing duties under or in respect of another local authority, shall be deemed to be also an employee of the other authority.

• (3) Where any body which is a company within the meaning of section 155 of the Companies Act, 1963, is deemed under that section to be a subsidiary of another or to be another such company’s holding company, a person who is a member of the first-mentioned such company shall, for the purposes of section 171 and sections 175 to 179 be deemed also to be a member of the other company.

167. Application (Part 15).

167.—(1) This Part applies to—

• (a) a member of a local authority,

• (b) an employee of a local authority who is of a class, description or grade prescribed by regulations made by the Minister for the purposes of this Part, and

• (c) any other employee or other person who is the holder of a position designated by an order made by the F257[chief executive] for a local authority for the purposes of this Part.

• F258[(1A) In addition to those employees to whom this Part applies by virtue of subsection (1), sections 168, 169 and 170 also apply to every other employee of a local authority and those sections shall be read accordingly.]

• (2) This Part, other than sections 171, 175 and 178 also applies, where relevant, to any person to whom subsection (1) does not apply and—

• (a) who is a member of a committee of a local authority, or

• (b) whose services are being availed of by the local authority,

and a code of conduct under section 169 may contain provisions in relation to such persons.

• (3) Where a person to whom this Part applies has an interest in land or an interest relating to land or any business of dealing in or developing land by reason only of the beneficial ownership of shares in a company or other body by him or her or by his or her nominee or by a connected person or a nominee of a connected person and the total nominal value of those shares does not exceed the lesser of—

• (a) £10,000, or

• (b) one-hundredth part of the total nominal value of either the issued share capital of the company or body or, where that capital is issued in shares of more than one class, the issued share capital of the class or classes of shares in which he or she has an interest,

the requirements of section 171 and sections 175 to 179 shall not have effect in relation to that interest or interests.

• (4) Notwithstanding subsection (2), the Minister may prescribe by regulations some or all of the provisions of sections 171 and 175, as provisions which apply to a person to whom subsection (2) applies, subject to such modifications or adaptations as are necessary.

• (5)
• (a) Part VII of the Act of 2000 shall cease to apply to—

• (i) a member of a planning authority,

• (ii) a member of a committee of a planning authority, and

• (iii) an officer of a planning authority.

• (b) A declaration given in accordance with section 147 of the Act of 2000 by—

• (i) a member of a planning authority, or

• (ii) an officer of a planning authority,

shall continue to apply and have effect until replaced by a declaration furnished to the ethics registrar under section 171 of this Act.

168. Standards of integrity.

168.—In carrying out their functions under this or any other enactment, it is the duty of every member and every employee of a local authority and of every member of every committee to maintain proper standards of integrity, conduct and concern for the public interest.

169. Codes of conduct for Local Government Service.

169.—(1) (a) After consultation with the Commission and the Minister for Finance, the Minister, may issue codes of conduct for the guidance of members of local authorities and of employees of local authorities.

• (b) A code of conduct shall deal with the conduct and standards of integrity of members and employees in performing their functions or in relation to any other matter connected with this Part.

• (c) In addition to the matters provided for by paragraph (b), a code of conduct shall also deal with matters which, in the opinion of the Minister, will help to uphold public confidence in the integrity of the discharge of local authority functions.

• (d) Codes to which this section relate shall be known as the National Code of Conduct for Local Authority Members and the National Code of Conduct for Local Authority Employees or by such other name as the Minister may decide from time to time.

• (2) The Minister may at any time review a code of conduct and may amend the code of conduct or withdraw it and issue a new code of conduct.

• (3)
• (a) Each member shall have regard to and be guided by the relevant code of conduct in the exercise of his or her functions.

• (b) Each employee shall, in so far as the code of conduct applies to that employee, have regard to and be guided by the code of conduct in the exercise of his or her functions.

• (c) There shall be deemed to be included in the terms and conditions of employment of an employee an undertaking by him or her to have regard to and be guided by the code of conduct in the exercise of his or her functions.

• (4)
• (a) (i) As soon as practicable after the election or co-option of a person as a member of a local authority, the ethics registrar shall supply to each such member a copy of the National Code of Conduct for Local Authority Members.

• (ii) The notice issued by the ethics registrar under section 174 shall draw the member’s attention to the code of conduct and to subsection (3)(a).

• (b) (i) The ethics registrar shall supply to each employee, as soon as practicable, a copy of the National Code of Conduct for Local Authority Employees.

• (ii) The notice issued by the ethics registrar under section 174 shall draw the employee’s attention to the code of conduct and to subsection (3)(b) and (c).

• (5)
• (a) A court may have regard to a code of conduct issued under this section in any proceedings for an offence under this Part.

• (b) The Commission may have regard to a code of conduct issued under this section in the carrying out of its functions in relation to a local authority.

• (6) A code of conduct adopted by a planning authority under section 150 of the Act of 2000 shall continue to apply and have effect until replaced by a code of conduct issued under this section.

170. Prohibition of favours, rewards, etc.

170.—(1) An employee or a member of a local authority or of a committee of a local authority shall not seek, exact or accept from any person, other than from the local authority concerned, any remuneration, fee, reward or other favour for anything done or not done by virtue of his or her employment or office, and a code of conduct under section 169 may include guidance for the purposes of this subsection.

• (2) Subsection (1) shall not be read so as to exclude the persons to whom that subsection relates from the application of the Prevention of Corruption Acts, 1889 to 1995, and any Act which is to be construed together as one with those Acts.

171. Annual declaration.

171.—(1) It is the duty of a person to whom section 167(1) applies to prepare and furnish to the ethics registrar in accordance with subsection (2) or (3), as the case may be, an annual written declaration (in this Part referred to as an “annual declaration” or “declaration”, as the case may be), in the form prescribed by regulations made by the Minister, signed and dated by him or her and containing—

• (a) particulars of his or her declarable interests (within the meaning of section 175), and

• (b) an undertaking by him or her to have regard to and be guided by the relevant code of conduct in the exercise of his or her functions.

• (2) Each member of a local authority shall prepare and furnish to the ethics registrar within the return period each year, an annual declaration and a statement that none of the grounds for disqualification referred to in section 13 or 182, or under section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999, apply.

• (3) Each employee of a local authority shall prepare and furnish to the ethics registrar within the return period each year an annual declaration.

• (4) The Minister may notwithstanding the definition of return period in section 166 prescribe by regulations a different commencement date or a different return period to the commencement dates or periods referred to in the definition of return period as the commencement date or period from or within which a declaration shall be furnished.

• (5) It shall not be necessary to specify in an annual declaration under this section the amount or monetary value of any declarable interest within the meaning of section 175.

172. Public register of interests.

172.—(1) The ethics registrar shall for the purposes of this Part, keep on behalf of the local authority concerned a public register which comprises of 2 parts, one containing members’ interests and the other the interests of employees and persons referred to in section 167(2) (which register of interests is in this section referred to as the “register of interests”).

• (2) There shall be entered in the register of interests the particulars contained in declarations under section 171 or disclosures under sections 177 to 179 furnished to the ethics registrar.

• (3)
• (a) The register of interests shall be kept at the offices of the local authority concerned, and shall be available for public inspection during normal office hours and any person may apply for a copy of the register or any entry in the register.

• (b) A copy of the register of interests, or any entry in the register may be obtained by any person on the payment to the local authority concerned of such fee (if any) as the local authority shall fix not exceeding the reasonable cost of making the copy.

• (4) Where a person ceases to be a person to whom section 167 applies, any particulars entered in the register of interests as a result of a declaration or disclosure being furnished to the relevant ethics registrar under this Part shall be removed from that register by the relevant ethics registrar as soon as may be after the expiration of the period of 15 years beginning on the day on which the person ceases to be such a person.

173. Ethics registrar.

173.—(1) In this Part “ethics registrar” means a person or persons assigned by order of the F259[chief executive of] a local authority to perform the duties of an ethics registrar in accordance with this Part in respect of such authority or authorities as are specified in the order.

• (2) No person shall perform the functions of an ethics registrar for a continuous period exceeding 2 years.

174. Duty of ethics registrar, etc.

174.—(1)(a) It is the duty of the ethics registrar to issue to each member of the local authority concerned before every annual meeting of the authority, or such other time as may be prescribed by regulations made by the Minister, a signed and dated notice in writing informing the member of the requirement imposed on him or her under section 171 to prepare and furnish an annual declaration and such notice shall enclose the form so prescribed for that purpose.

• (b) The fact of the issue of a notice under paragraph (a) shall be brought to the attention of the members of the local authority at the next meeting of the authority after such issue.

• (2) In respect of and to each employee referred to in section 167(1) it is the duty of the ethics registrar to issue every year in the month of January, or such other time as may be prescribed by regulations made by the Minister, a signed and dated notice in writing informing the employee of the requirement imposed on him or her under section 171 to prepare and furnish an annual declaration and such notice shall enclose the form so prescribed for that purpose.

• (3) It is the duty of the ethics registrar to issue, as soon as practicable, to a person who becomes a person to whom section 167(1) applies subsequent to the issue of a notice under subsection (1) or (2) a signed and dated notice in writing informing such member or employee, as the case may be, of the requirement imposed on him or her under section 171 to prepare and furnish an annual declaration in the form prescribed by regulations made by the Minister and such notice shall enclose the form prescribed for that purpose.

• (4) Nothing in this section, including the non-receipt, for any reason, of a notice or form affects the requirement imposed on a person under section 171 to complete and furnish an annual declaration.

• (5) Where the ethics registrar finds a minor error or omission in a declaration, he or she shall furnish to the person concerned particulars in writing of the error or omission, as the case may be, and the ethics registrar shall inform such person that he or she may correct the error or make good the omission within the period of 21 days from the date on which the notification issued to such person.

• (6) Notwithstanding section 169(4) the ethics registrar may at any time where he or she considers it necessary issue a notice or otherwise bring to the attention of any person referred to in section 167 the appropriate requirements of this Part, including of a relevant code of conduct issued under section 169.

• (7) Where the ethics registrar, or the F260[chief executive] in relation to paragraph (c), becomes aware of a possible contravention of this Part it is his or her duty to bring the matter to the attention of—

• (a) the F260[chief executive] for the local authority, in case the matter relates to any other employee,

• (b) the Cathaoirleach of the local authority, in case the matter relates to the F260[chief executive],

• (c) the Cathaoirleach of the local authority, in case the matter relates to the ethics registrar,

• (d) the F260[chief executive] for the local authority, in case the matter relates to the Cathaoirleach,

• (e) the Cathaoirleach and the F260[chief executive] for the local authority in case the matter relates to a member of the local authority other than the Cathaoirleach, and

• (f) in any other case, the F260[chief executive] for the local authority.

• (8)
• (a) The person or persons to whom the matter is brought to attention under subsection (7) shall consider what action should be taken and, without prejudice to the generality of the foregoing, the action may include—

• (i) any investigative or disciplinary procedures which may be exercised in relation to the person concerned, whether under any other provision of this or any other enactment or otherwise,

• (ii) referral of the matter to the Director of Public Prosecutions in accordance with subsection (1)(b) or (4)(b) of section 181 as the case may be,

• (iii) any other course of action considered appropriate in the circumstances.

• (b) The person or persons to whom the matter is brought to attention under subsection (7) shall—

• (i) cause a report to be prepared of his or her or their joint consideration of the matter, as the case may be, and

• (ii) cause such report to be sent to and be retained by the ethics registrar unless subsection (7)(c) applies, in which case such report shall be retained by the F260[chief executive] but only until the person concerned ceases to be the ethics registrar.

175. Declarable interests.

175.— Each of the following interests is a declarable interest for the purposes of this Part:

• (a) any profession, business or occupation in which the person concerned is engaged or employed, whether on his or her own behalf or otherwise, and which relates to dealing in or developing land during the appropriate period;

• (b) any other remunerated trade, profession, employment, vocation, or other occupation of the person concerned held by that person during the appropriate period;

• (c) any estate or interest the person concerned has (subject to section 167(3)) in land including the case where the person concerned, or any nominee of his or her, is a member of a company or other body which has an estate or interest in land and without prejudice to the foregoing an interest in land shall be deemed to include—

• (i) the interest of the person in any contract entered into by him or her for the purchase or sale of land, whether or not a deposit or part payment has been made under the contract, and

• (ii) the interest of the person in—

• (I) any option held by him or her to purchase or sell land, whether or not any consideration has been paid for it, or

• (II) land in respect of which such an option has been exercised by the person but which has not yet been conveyed to the person;

• (d) any business of dealing in or developing land carried on during the appropriate period by a company or other body of which the person concerned, or any nominee of the person, is a member;

• (e) a holding by the person concerned of shares in, or bonds or debentures of, or other like investments in, a particular company or other enterprise or undertaking (which does not relate to land or any business of dealing in or developing land) if the aggregate value of the holding exceeded £10,000 at any time during the appropriate period but holding does not include money in a current, deposit or other similar account with a financial institution;

• (f) a directorship or shadow directorship of any company held by the person concerned at any time during the appropriate period, and in this paragraph “shadow directorship” means the position held by a person who is a shadow director for the purposes of the Companies Acts, 1963 to 1999;

• (g) a gift, including foreign travel facilities, given to the person concerned during the appropriate period, but excluding—

• (i) a gift given to the person by a F261[relative or friend of the person or of his or her spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or of a child of the person or his or her spouse for purely personal reasons only],

• (ii) a gift given to the person, or gifts given to the person by the same person, during the appropriate period, as respects which the value, or the aggregate value, of the property the subject of the gift or gifts did not exceed £500 at any time during the appropriate period;

• (h) property supplied or lent or a service supplied to the person concerned, once or more than once by the same person during the appropriate period, for a consideration or considerations or at a price or prices less than the commercial consideration or considerations or the commercial price or prices by more than £500 or which in the aggregate exceeded £500, other than property supplied or lent or a service supplied to the person concerned by a relative or friend of the person or of his or her spouse where such supply or loan was in the nature of a gift to the person and for personal reasons only;

• (i) property supplied or lent or a service supplied to the person concerned, once or more than once by the same person during the appropriate period, free of charge if the commercial consideration or considerations or the commercial price or prices was or were more than £500, or which in the aggregate exceeded £500, other than property supplied or lent or a service supplied to the person concerned by a relative or friend of the person or of his or her spouse where such supply or loan was in the nature of a gift to the person and for personal reasons only;

• (j) any contract to which the person concerned was a party or was in any other way, directly or indirectly, interested for the supply of goods or services to a local authority during the appropriate period if the value of the goods or services supplied during that period exceeded £5,000 or, in case other goods or services were supplied under such a contract to a local authority during that period, if the aggregate of their value exceeded £5,000;

• (k) a remunerated position held by the person concerned as a political or public affairs lobbyist, consultant or adviser during the appropriate period;

• (l) any other additional interest which may be prescribed by regulations made by the Minister;

• (m) any other additional interest which is not specified in paragraphs (a) to (k) or in regulations made by the Minister under paragraph (l) which the person concerned wishes to volunteer.

176. Beneficial interests.

176.—(1) In respect of a resolution, motion, question or other matter which is proposed, or otherwise arises from or as regards F262[the performance by the local authority concerned, or any municipal district members for that authority, of any functions] under this or any other enactment, “beneficial interest” for the purposes of this Part, in relation to a person, includes an interest in respect of which—

• (a) he or she or a connected person, or any nominee of his or her or of a connected person, is a member of a company or any other body which has a beneficial interest in, or which is material to, any such matter,

• (b) he or she or a connected person is in a partnership with or is in the employment of a person who has a beneficial interest in, or which is material to, any such matter,

• (c) he or she or a connected person is a party to any arrangement or agreement (whether or not enforceable) concerning land which relates to any such matter,

• (d) he or she or a connected person in the capacity as a trustee or as a beneficiary of a trust has a beneficial interest in, or which is material to, any such matter,

• (e) he or she or a connected person is acting with another person to secure or exercise control of a company which has a beneficial interest in, or which is material to any such matter.

• (2) A person shall also be deemed to have a beneficial interest which has to be disclosed under this Part if he or she has actual knowledge that he or she or a connected person has a declarable interest (within the meaning of section 175) in, or which is material to, a resolution, motion, question or other matter which is proposed, or otherwise arises from or as regards F262[the performance by the local authority, or by municipal district members, of any functions] under this or any other enactment.

• (3) A person shall not be regarded as having a beneficial interest which has to be disclosed under this Part where section 167(3) is applicable or because of—

• (a) an interest which is so remote or insignificant that it cannot be reasonably regarded as likely to influence a person in considering or discussing, or in voting on, any question with respect to the matter or in performing any function in relation to that matter,

• (b) being a ratepayer or a local authority tenant and in common with other ratepayers or tenants, or

• (c) any other circumstances which may be prescribed by regulations made by the Minister.

177. Disclosure by member of local authority of pecuniary or other beneficial interests.

177.—(1) Where at a meeting of a local authority or of any committee, joint committee or joint body of a local authority, a resolution, motion, question or other matter is proposed or otherwise arises either—

• (a) as a result of any of its functions under this or any other enactment, or

• (b) as regards the performance by the authority, committee, joint committee or joint body of any of its functions under this or any other enactment,

then, a member of the authority, committee, joint committee or joint body present at such meeting shall, where he or she has actual knowledge that he or she or a connected person has a pecuniary or other beneficial interest in, or which is material to, the matter—

• (i) disclose the nature of his or her interest, or the fact of a connected person’s interest at the meeting, and before discussion or consideration of the matter commences, and

• (ii) withdraw from the meeting for so long as the matter is being discussed or considered,

and, accordingly, he or she shall take no part in the discussion or consideration of the matter and shall refrain from voting in relation to it.

• (2) Where a member of a local authority, committee, joint committee or joint body of the local authority has actual knowledge that a matter is likely to arise at a meeting at which that member will not be present and which, if he or she were present, a disclosure would be required to be made under subsection (1), then that person shall in advance of such meeting make such disclosure in writing and furnish it to the ethics registrar.

• (3) There shall be recorded in the minutes of any meeting referred to in subsection (1) or (2) a reference to any disclosure made for the purposes of either of those subsections and of any subsequent withdrawal from the meeting and such disclosure shall be recorded in the register of interests.

• (4) A member of a local authority or of any committee, joint committee or joint body of a local authority shall neither influence nor seek to influence a decision of the authority in respect of any matter which he or she has actual knowledge that he or she or a connected person has a pecuniary or other beneficial interest in, or which is material to, any matter which is proposed, or otherwise arises from or as regards the performance by the authority of any of its functions under this or any other enactment.

178. Disclosure by manager for local authority of pecuniary or other beneficial interests.

178.—(1) This section applies where the F263[chief executive of] a local authority has actual knowledge that he or she or a connected person has a pecuniary or other beneficial interest in, or which is material to, any matter which is proposed or otherwise arises from or as regards the performance by the authority of any of its functions under this or any other enactment.

• (2) F263[The chief executive] to whom subsection (1) relates shall comply with the following requirements:

• (a) he or she shall neither influence nor seek to influence a decision of the local authority as regards the matter;

• (b) he or she shall, as soon as may be, disclose in writing to the Cathaoirleach of the local authority the nature of his or her interest or the fact of a connected person’s interest, and the Cathaoirleach shall furnish such written disclosure to the ethics registrar without delay.

• (3) A disclosure furnished under subsection (2) shall be recorded by the ethics registrar in the register of interests.

• (4) Where a function would normally be dealt with by F263[the chief executive], the function shall be delegated by him or her in accordance with section 154, after disclosure under subsection (2), to an employee.

• (5) F263[The chief executive] shall inform the Cathaoirleach of any delegation under subsection (4).

179. Disclosure by employee, etc. of local authority of pecuniary or other beneficial interests.

179.—(1) This section applies where—

• (a) an employee of a local authority other than the F264[chief executive], or

• (b) any other person whose services are being availed of by the local authority,

has actual knowledge that he or she or a connected person, has a pecuniary or other beneficial interest in, or which is material to, any matter, which is proposed or otherwise arises from or as regards the performance by the authority of any of its functions under this or any other enactment.

• (2) The employee or other person to whom subsection (1) relates shall comply with the following requirements:

• (a) he or she shall neither influence nor seek to influence a decision of the local authority as regards the matter;

• (b) where he or she as an employee is concerned with the matter in the course of his or her duties, he or she shall disclose in writing to the F264[chief executive] of the local authority the nature of his or her interest or the fact of a connected person’s interest and comply with any directions (including the reassignment of the matter in question to another employee) the F264[chief executive] may give him or her in relation to the matter;

• (c) where he or she as a person whose services are being availed of by the local authority is concerned with the matter in the course of his or her duties, he or she shall disclose in writing to the F264[chief executive] the nature of his or her interest or the fact of a connected person’s interest and comply with any directions, the F264[chief executive] may give him or her in relation to the matter.

• (3) A disclosure to which subsection (2)(b) or (2)(c) relates shall be forwarded by the F264[chief executive] to the ethics registrar and recorded by him or her in the register of interests.

180. Application of Ethics in Public Office Act, 1995, etc.

180.—(1) In this section “the Acts” means the Ethics in Public Office Act, 1995, and any other Act which is to be construed together as one with that Act.

• (2) The Acts shall apply in relation to a local authority subject to the provisions of this section and with such other modifications as may be necessary and for that purpose—

• (a) the powers of investigation and report conferred on the Commission apply in relation to a person to whom subsection (1) or (2) of section 167 relates,

• (b) subsection (3) shall apply as regards a report prepared by the Commission,

• (c) subsection (4) shall apply as regards the consideration of such report by a local authority.

(3)(a) Where a report prepared by the Commission relates to—

• F265[(i) a chief executive, it shall be furnished to the Cathaoirleach of the local authority concerned,]

• (ii) the Cathaoirleach of a local authority, it shall be furnished to the Leas-Chathaoirleach of the authority and to its F265[chief executive],

• (iii) any other member of a local authority, it shall be furnished to the Cathaoirleach of the authority and to its F265[chief executive],

• (iv) any employee of a local authority other than the F265[chief executive], it shall be furnished to the F265[chief executive] of the local authority concerned, and

• (v) any other person to whom subsection (1) or (2) of section 167 relates, it shall be furnished to the F265[chief executive] of the local authority concerned.

• (b) Nothing in this subsection shall be read so as to prevent the furnishing of a report referred to in paragraph (a) to any other person in accordance with the Acts.

(4)(a) Where a report referred to in subparagraph (i), (ii) or (iii) of subsection (3)(a) is furnished to a local authority, it shall be considered by the elected council. The elected council shall decide on such action to be taken as may be considered appropriate in all the circumstances including, in the case of subparagraph (i) of subsection (3)(a), the exercise of powers of suspension or removal pursuant to section 146.

• (b) Where a report referred to in subparagraph (iv) or (v) of subsection (3)(a) is furnished to a local authority it shall be considered by its F265[chief executive]. The F265[chief executive] shall decide on such action to be taken as may be considered appropriate in all the circumstances including, in the case of an employee, suspension with or without pay or termination of employment.

• (c) The F265[chief executive] shall inform the elected council of the result of a consideration under paragraph (b).

• (5) Nothing in this section shall be read as prejudicing the Commission in carrying out the functions conferred on it by the Acts.

181. Offences (Part 15).

181.—(1) (a) Subject to subsection (3), a person is guilty of an offence where he or she fails to comply with the requirements of section 171 or who, when claiming to comply with those requirements, gives particulars which are false or which to his or her knowledge are misleading in a material respect.

• (b) Proceedings for an offence under this subsection shall not be instituted except by or with the consent of the Director of Public Prosecutions.

• (2) A person guilty of an offence under subsection (1) is liable—

• (a) on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both,

• (b) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both.

• (3) In any proceedings for an offence under subsection (1) it is a good defence for the defendant to prove that at the relevant time he or she believed in good faith, and upon reasonable grounds, that—

• (a) the relevant particulars were true,

• (b) there was no matter as regards which he or she was then required to make a declaration under section 171, or

• (c) the matter in relation to which the offence is alleged was not one as regards which he or she was so required to make such declaration.

• (4)
• (a) Subject to subsection (6), a person is guilty of an offence where he or she fails to comply with any of the requirements of section 177, 178 or 179 or who, when claiming to comply with those requirements, gives particulars which are false or which to his or her knowledge are misleading in a material respect.

• (b) Proceedings for an offence under this subsection shall not be instituted except by or with the consent of the Director of Public Prosecutions.

• (5) A person guilty of an offence under subsection (4) is liable—

• (a) on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both,

• (b) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both.

• (6) In any proceedings for an offence under subsection (4) it is a good defence for the defendant to prove that at the time of the alleged offence he or she did not have actual knowledge and had no reason to believe that a matter in which, or in relation to which, he or she or a connected person had a beneficial interest had arisen or had come before the local authority concerned, or was being considered by it or by a committee or joint body of the local authority, as may be appropriate, or that the beneficial interest to which the alleged offence relates was one in relation to which a requirement of section 177, 178 or 179 applied.

• (7) Summary proceedings for an offence under this Part may be brought by the local authority concerned, subject to subsection (1)(b) or (4)(b).

• (8) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Part may be commenced—

• (a) at any time within 12 months from the date on which the offence was committed,

• (b) at any time within 6 months from the date on which evidence sufficient, in the opinion of the local authority by whom the proceedings are initiated, to justify the proceedings, comes to such authority’s knowledge,

whichever is the later, but no such proceedings shall be initiated later than 5 years from the date on which the offence concerned was committed.

182. Consequences of failure to comply with sections 171, 177, 178 and 179.

182.—(1) (a) Where a person is convicted of an offence under section 181 (which relates to section 171, 177, 178 or 179) that person is disqualified from being elected or co-opted to or from being a member of a local authority F266[and from being elected to or holding the office of Mayor of Limerick].

• (b) A disqualification arising under paragraph (a) commences—

• (i) where no appeal is taken against the conviction, when the time limit for taking an appeal has passed, or

• (ii) where an appeal is taken against the conviction and the appeal is disallowed, from the determination of the appeal,

and the disqualification shall be for 5 years from the date of conviction or determination of the appeal, as the case may be.

• (2) Where a person contravenes or fails to comply with a requirement of section 171, 177, 178 or 179 or acts as a member of a local authority, committee, joint committee or joint body of a local authority while disqualified for membership by virtue of this section F266[or acts as Mayor of Limerick while disqualified from holding that office 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 F266[or of the Mayor of Limerick, as the case may be].

PART 16 Land

183. Land disposals, notification of members.

183.—(1) The following provisions have effect in relation to any proposed disposal (not being by demise for a term not exceeding one year) of land which is held by a local authority:

• (a) notices shall be sent or delivered to the members of the local authority giving particulars of—

• (i) the land,

• (ii) the name of the person from whom such land was acquired, if this can be ascertained by reasonable inquiries,

• (iii) the person to whom the land is to be disposed of,

• (iv) the consideration proposed in respect of the disposal,

• (v) any covenants, conditions or agreements to have effect in connection with the disposal;

• (b) at the first meeting of the local authority held after the expiration of 10 days after the day on which such notices are sent or delivered, the local authority may resolve that the disposal shall not be carried out or that it shall be carried out in accordance with terms specified in the resolution;

• (c) if the local authority resolves by virtue of paragraph (b) that the disposal shall not be carried out, it shall not be carried out;

• (d) if the local authority does not pass a resolution pursuant to paragraph (b), the disposal may be carried out;

• (e) if the local authority resolves by virtue of paragraph (b) that the disposal shall be carried out in accordance with terms specified in the resolution, the disposal may be carried out in accordance with those terms;

• (f) the disposal shall not be carried out otherwise than in accordance with paragraph (d) or (e) and subject to the consent of the Minister where consent is required under section 211(2) of the Act of 2000.

• (2) Section 90 (inserted by section 26 of the Housing (Miscellaneous Provisions) Act, 1992) of the Housing Act, 1966, is amended by the substitution of the following for subsection (4):

• “(4)

  • (a) Subject to any regulations made under this section, section 183 of the Local Government Act, 2001, shall apply in relation to the sale of a dwelling under subparagraph (ii) or (iii) of paragraph (a), or paragraph (b), of subsection (1) of this section but shall not otherwise apply to the sale of a dwelling under this section.

  • (b) This subsection is without prejudice to the application of section 183 of the Local Government Act, 2001, to the disposal of land by a housing authority under section 211 of the Planning and Development Act, 2000, and for the purposes of this paragraph ‘land’ does not include a dwelling.”.

184. Exercise of certain land functions.

184.—(1) Without prejudice to the generality or application of section 210, 211 or 213 of the Act of 2000, the functions conferred on a local authority by section 11(7)(a) shall—

• (a) as regards the acquisition of land be construed in accordance with section 213 of the Act of 2000,

• (b) as regards the disposal of land be construed in accordance with section 211 of the Act of 2000,

and section 210 of the Act of 2000 shall apply as regards the appropriation of land.

• (2) For the avoidance of doubt it is hereby declared that the functions conferred on a local authority by section 213(2)(a) of the Act of 2000 may be performed in relation to any easement, way-leave, water right or other right to which that paragraph applies granted by or held from the local authority acquiring the land and “acquisition of land” shall be construed accordingly for the purposes of that Act.

• (3) In this section “local authority” includes a joint body.

PART 17 Establishment of New Town Councils, etc.

185. Establishment of town council.

185.— F269[…]

186. First election to town council.

186.— F270[…]

187. Dissolution of town council.

187.—F271[…]

PART 18 Placenames

188. Interpretation.

188.— In this Part—

F273["functional area" means as respects—

• (a) a city council, the city,

• (b) a county council, the county,

• (c) a city and county council, the city and county;]

F273["locality" means a part (other than a town, townland or street) of a county, city, city and county, or town in respect of which a name (other than the name of the county, city, city and county, or town concerned) is in common use;]

F274[…]

F273["placename" includes the name of a county, city, city and county, town, village, barony, parish, townland, street or locality, district, region or place, as described in a map produced by Ordnance Survey Ireland;]

"qualified elector" means a person who, in relation to a place (including a street) to which a placename applies, is registered as a local government elector in the register of electors for the time being in force;

"street" includes—

• (a) part of a street, and

• (b) a road, square, lane or any other public place or part thereof.]

189. F275[Changing of placename.

189.—(1) A F276[local council] may, in relation to a place situated within its functional area, by resolution passed by not less than half of the members standing elected or coopted for the time being to that F276[local council] adopt a proposal to substitute a new placename (in this section referred to as the "proposed new placename") for the then existing placename in respect of that place.

• (2) The boundary of the place to which a proposal adopted under subsection (1) applies shall be described in that proposal whether by reference to a map or otherwise.

• (3) A proposal adopted under subsection (1) shall specify the proposed new placename in the Irish language only or in both the Irish language and the English language.

• (4) Where a F276[local council] adopts a proposal under subsection (1) it shall—

• (a) notify such persons, or persons belonging to such class of person, as may be prescribed by regulations made by the Minister of the adoption of the proposal, and

• (b) publish a public notice of the proposal inviting submissions in writing from members of the public in relation thereto not later than 2 months from the date of the publication of the notice.

• (5) A person who receives a notification under paragraph (a) of subsection (4) shall be entitled to make submissions in writing to the F276[local council] that gave the notification in relation to the proposal concerned not later than 2 months from the date of the notification.

• (6) A F276[local council] shall consider any submissions received by it in accordance with a notification under paragraph (a) of subsection (4) or a notice under paragraph (b) of that subsection.

• (7) After considering any submissions referred to in subsection (6), a F276[local council] may, by resolution passed by not less than half of the members standing elected or coopted for the time being to that F276[local council] decide—

• (a) to hold a ballot of the qualified electors registered in the place to which the proposed new placename applies in respect of the proposed new placename or such alternative to the proposed new placename as it considers appropriate, or

• (b) not to proceed with the proposal to change the placename of the place concerned.

• (8) A ballot to which subsection (7) applies shall be in secret and shall be conducted in accordance with regulations made by the Minister.

(9)(a) Subject to subsection (3) of section 192, if a majority of the votes cast at a ballot held pursuant to a decision under subsection (7) is in favour of the proposed new placename concerned the Cathaoirleach of the F276[local council] concerned shall make a declaration stating that, from such date (determined in accordance with paragraph (b)) as is specified in the declaration, that proposed new placename shall become and be the placename in respect of the place concerned.

• (b) Where the Cathaoirleach of a F276[local council] makes a declaration under this subsection, the placename specified in the declaration shall—

• (i) if the declaration is made not less than 3 months before the 1st day of January next following the declaration, become and be the placename in respect of the place concerned from the said 1st day of January, or

• (ii) in any other case, become and be the placename in respect of the place concerned from the first anniversary of the said 1st day of January.

• (c) Every declaration under this subsection shall be published in such manner as may be prescribed by regulations made by the Minister and shall be notified in writing to such persons, or persons belonging to such class of person, as may be so prescribed.

• (d) Every declaration under this subsection shall be published in Iris Oifigiúil, as soon as may be after its making.

• (10) This section shall not apply to the townland, civil parish, non-municipal town or electoral division referred to in section 191.]

• F277[(11) In this section "local council", in relation to a local authority, means the local authority or the municipal district members in respect of each municipal district within the area of such local authority.]

190. F278[ Change of placename of place situated in more than one local authority area.

190.—(1) (a) A local authority may, in relation to a place that is situated—

• (i) in its functional area, and

• (ii) in the functional area of another local authority or the functional areas of other local authorities,

by resolution passed by not less than half of the members standing elected or coopted for the time being to the first-mentioned local authority, propose to substitute a new placename (in this section referred to as the "proposed new placename") for the then existing placename in respect of that place.

• (b) A proposal referred to in paragraph (a) shall stand adopted by the local authority first-mentioned in that paragraph upon the passing, in accordance with paragraph (c), of a resolution by each other local authority within whose functional area part of the place concerned is also situated consenting to the adoption of the proposal.

• (c) A resolution referred to in paragraph (b) shall be passed by not less than half of the members standing elected or coopted for the time being to the local authority concerned.

• (2) The boundary of the place to which a proposal adopted under subsection (1) applies shall be described in that proposal whether by reference to a map or otherwise.

• (3) A proposal adopted under subsection (1) shall specify the proposed new placename in the Irish language only or in both the Irish language and the English language.

• (4) Where a proposal stands adopted under subsection (1), each local authority shall, in respect of that part of the place situated in its functional area—

• (a) notify such persons, or persons belonging to such class of person, as may be prescribed by regulations made by the Minister of the adoption of the proposal, and

• (b) publish a public notice of the proposal inviting submissions in writing from members of the public in relation thereto not later than 2 months from the date of the publication of the notice.

• (5) A person who receives a notification under paragraph (a) of subsection (4) shall be entitled to make submissions in writing to the local authority that gave the notification in relation to the proposal concerned not later than 2 months from the date of the notification.

• (6) A local authority shall consider any submissions received by it in accordance with a notification under paragraph (a) of subsection (4) or a notice under paragraph (b) of that subsection.

• (7) After considering any submissions referred to in subsection (6), each local authority concerned may, by resolution passed by not less than half of the members standing elected or coopted for the time being to that local authority decide—

• (a) to hold a ballot of the qualified electors registered in the place to which the proposed new placename applies in respect of the proposed new placename or such alternative to the proposed new placename as the local authorities concerned consider appropriate, or

• (b) not to proceed with the proposal to change the placename of the place concerned.

• (8) A ballot to which subsection (7) applies shall be in secret and shall be conducted in accordance with regulations made by the Minister.

• (9)
• (a) Subject to subsection (3) of section 192, if a majority of the votes cast at a ballot held pursuant to a decision under subsection (7) is in favour of the proposed new placename concerned the Cathaoirligh of the local authorities concerned shall jointly declare that, from such date (determined in accordance with paragraph (b)) as is specified in the declaration, that proposed new placename shall become and be the placename in respect of the place concerned.

• (b) Where the Cathaoirligh of the local authorities concerned make a declaration under this subsection, the placename specified in the declaration shall—

• (i) if the declaration is made not less than 3 months before the 1st day of January next following the declaration, become and be the placename in respect of the place concerned from the said 1st day of January, or

• (ii) in any other case, become and be the placename in respect of the place concerned from the first anniversary of the said 1st day of January.

• (c) Every declaration under this subsection shall be published in such manner as may be prescribed by regulations made by the Minister and shall be notified in writing to such persons, or persons belonging to such class of person, as may be so prescribed.

• (d) Every declaration under this subsection shall be published in Iris Oifigiúil, as soon as may be after its making.]

191. F279[Daingean Uí Chúis.

191.—(1) The townland, civil parish, electoral division and non-municipal town that, immediately before the commencement of this section, was known (pursuant to the Order of 2004) as An Daingean shall, from such commencement, be known, in the Irish language, as Daingean Uí Chúis and, in the English language, as Dingle.

• (2) The Order of 2004 is amended by the deletion—

• (a) of the text in columns (1) and (2) of Caibidil 1 of Roinn A of Cuid 4 at reference number 171,

• (b) of the text in columns (1) and (2) of Caibidil 2 of Roinn A of Cuid 4 at reference number 4, and

• (c) of the text in columns (1) and (2) of Caibidil 4 of Roinn A of Cuid 4 at reference number 11.

• (3) In this section "Order of 2004" means the An t-Ordú Logainmneacha (Ceantair Ghaeltachta) 2004 (S.I. No. 872 of 2004).]

192. F280[General provisions relating to change of names.

192.—(1) The consideration of submissions received under this Part shall be a reserved function.

• (2) A local authority shall, in adopting a proposal under section 189 or 190 have regard to local traditions.

• (3)
• (a) If a majority of the votes cast at a ballot held pursuant to a decision under subsection (7) of section 189 or subsection (7) of section 190 in relation to a place in a Gaeltacht area is in favour of the proposed new placename concerned, the Minister for Arts, Heritage and Gaeltacht Affairs shall make an order declaring that, from such date (determined in accordance with paragraph (b)) as is specified in the order, that proposed new placename shall become and be the placename in respect of the place concerned.

• (b) Where the Minister for Arts, Heritage and Gaeltacht Affairs makes an order under this subsection, the placename to which the declaration in the order relates shall—

• (i) if the order is made not less than 3 months before the 1st day of January next following the order, become and be the placename of the place concerned from the said 1st day of January, or

• (ii) in any other case, become and be the placename of the place concerned from the first anniversary of the said 1st day of January.

• (c) Every order under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

• (4) Where the Minister for Arts, Heritage and Gaeltacht Affairs makes an order under subsection (3), any provision of an order made under section 32 of the Official Languages Act 2003 in force immediately before the making of the first-mentioned order shall stand revoked in so far only as it conflicts with the first-mentioned order.

• (5)
• (a) The Minister may make regulations for the purposes of this Part.

• (b) Without prejudice to the generality of paragraph (a), regulations under that paragraph may make provision in relation to the bearing of the costs incurred by local authorities in the performance of their functions under section 190 or as a consequence of the substitution of a placename under that section.

• (6) In this section "Gaeltacht area" has the same meaning as it has in the Official Languages Act 2003.]

193. F281[ Display of name of street or place.

193.—A local authority may cause the placename of a street or other place to be displayed on a conspicuous part of any building, structure or land located on that street or at that place.]

194. F282[Construction of references.

194.—(1) Where a declaration under section 189 or 190 is made in respect of a place—

• (a) references in any enactment, instrument or other document to the placename of that place applicable immediately before the date specified in the declaration in accordance with subsection (9) of section 189 or subsection (9) of section 190, as the case may be, shall, from that date, be construed as references to the placename specified in that declaration, and

• (b) references in any proceedings (civil or criminal) pending immediately before that date to the placename first-mentioned in paragraph (a) shall, from that date, be construed as references to the placename second-mentioned in that paragraph.

• (2) Where an order under section 192 is made in respect of a place—

• (a) references in any enactment, instrument or other document to the placename of that place applicable immediately before the date specified in the order in accordance with subsection (3) of that section shall, from that date, be construed as references to the placename specified in that order, and

• (b) references in any proceedings (civil or criminal) pending immediately before that date to the placename first-mentioned in paragraph (a) shall, from that date, be construed as references to the placename second-mentioned in that paragraph.]

• F283[(3)
• (a) References in any enactment, instrument or other document to An Daingean shall, from the commencement of section 191, be construed as references to Daingean Uí Chúis.

• (b) References in any proceedings (civil or criminal) pending immediately before the commencement of section 191 to An Daingean shall, from such commencement, be construed as references to Daingean Uí Chúis.]

195. Changing of name of locality situated in more than one local authority area.

195.—F284[…]

196. General provisions relating to change of names.

196.—F285[…]

197. Display of name of street, etc.

197.—F286[…]

PART 19 Bye-Laws

198. Interpretation (Part 19).

198.—(1) In this Part, except where the context otherwise requires—

“appropriate Minister”, in relation to any matter, means the Minister of the Government on whom functions stand conferred or who has general responsibility in respect of or connected to the matter in question;

F287["functional area" means as respects—

• (a) a city council, the city,

• (b) a county council, the county,

• (c) a city and county council, the city and county;]

• (2) In this Part, except where the context otherwise requires, a reference to a bye-law is a reference to a bye-law made, or deemed to have been made, under this Part.

199. Power to make bye-law.

199.—(1) Subject to subsection (7), a local authority may make a bye-law for or in relation to the use, operation, protection, regulation or management of any land, services, or any other matter provided by or under the control or management of the local authority, whether within or without its functional area or in relation to any connected matter.

• (2)
• (a) Subject to this subsection and subsection (7), a local authority may make a bye-law where in its opinion it is desirable in the interests of the common good of the local community—

• (i) that any activity or other matter should be regulated or controlled by bye-law, or

• (ii) that any nuisance should be controlled or suppressed by bye-law.

• (b) A bye-law may not be made under this subsection for a purpose as respects which provision for that particular purpose is made by or under any other enactment or may be made under such enactment.

• (3) Any bye-law may include such provisions as the local authority considers appropriate for its effective application, operation and enforcement and generally to achieve the purposes for which it is made, including—

• (a) its application at all times or at specified times;

• (b) its application throughout the functional area of the local authority or in any specified part of that functional area;

• (c) the prohibition of any activity, matter or thing;

• (d) the prescription of specified standards or requirements for, or in relation to, specified activities, matters or things;

• (e) the exception of classes of persons or things from the bye-law either subject to or without compliance with specified conditions;

• (f) the conduct of persons at specified places or in specified circumstances;

• (g) the issue of licences or other authorisations by the local authority subject to or without condition and to have effect permanently or for a specified period;

• (h) the payment of a fee or charge at a specified time by any person in respect of any specified matter governed by a bye-law;

• (i) the specification of a fine for a contravention of a specified provision of a bye-law as provided by section 205;

• (j) the specification of a fixed payment as an alternative to a prosecution for a contravention of a specified provision of a bye-law as provided for by section 206.

• (4)
• (a) A local authority may, subject to this Part, amend any bye-law made by it.

• (b) A local authority may revoke any bye-law made by it with effect from such day as is specified in the resolution.