LegalizeS.I. No. 573/2011 - Local Government (Tenure of Office of Managers) Regulations, 2011
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
4 amending acts · 2013-12-03, S.I. No. 455/2013 - Local Government (Tenure of Office of Managers) Regulations 2013
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 15th November, 2011.
The Minister for the Environment, Community and Local Government, in exercise of the powers conferred on him by sections 4 and 147 of the Local Government Act, 2001 (No. 37 of 2001), hereby makes the following regulations:
1.
These Regulations may be cited as the Local Government (Tenure of Office of Managers) Regulations, 2011.
2.
In these Regulations “the Act” means the Local Government Act, 2001 .
3.
(1) The prescribed notification referred to in section 147(2) of the Act shall be in the form specified in the Schedule to these Regulations.
- (2) The period within which a prescribed notification shall be given by a manager shall be the period beginning on the commencement of the seventh year and ending 6 months prior to the end of the seventh year of the tenure period of that manager.
- (3) Subject to the Local Government (Officers Age Limit) Order, 1957 ( S.I. No. 140 of 1957 ), the period by which the tenure period of a manager who gives the prescribed notification referred to in section 147(2) of the Act shall be extended shall be 3 years.
- (4) Section 147(5) of the Act shall not apply to the following positions
- (a) the position of Dublin City Manager;
- (b) the position of Cork County Manager;
- (c) the position of Cork City Manager;
- (d) the position of Dún Laoghaire-Rathdown County Manager;
- (e) the position of Fingal County Manager;
- (f) the position of South Dublin County Manager;
- (g) the position of Meath County Manager, and;
- (h) the position of Kildare County Manager.
- (5) Article 21 or 78, as appropriate, of the Local Government (Superannuation) (Consolidation) Scheme, 1998 ( S.I. No. 455 of 1998 ) shall not apply to a manager whose tenure period is extended by section 147 of the Act and who ceases to hold the position before the expiration of his or her tenure period as so extended.
4.
The Local Government (Tenure of Office of Managers) Regulations, 2003 ( S.I. No. 47 of 2003 ) are hereby revoked.
SCHEDULE
Notification for the purposes of section 147 (2) of the Local Government Act, 2001
EXTENSION OF PERIOD OF TENURE OF MANAGER
............................................................................................(Name of Local Authority)
To the Cathaoirleach,................................................................County/City Council.
I,
...........................................................................................................................................,
County/City Manager of
County/City Council, hereby give notification under section 147 of the Local Government Act, 2001 .
I understand that, pursuant to section 147 (5) of the Local Government Act, 2001 , I cannot apply for appointment to any position of manager during the period commencing on the date of this notification and ending six months prior to the expiration of my tenure period, as extended by section 147 of the Local Government Act, 2001 , with the exception of any position specified for the time being for the purposes of section 147 (4)(d) of the Local Government Act, 2001 .
I also understand that, pursuant to article 3 (5) of the Local Government (Tenure of Office of Managers) Regulations, 2011, article 21 or 78, as appropriate, of the Local Government (Superannuation) (Consolidation) Scheme, 1998 shall not apply to me if I cease to hold this position before the expiration of my tenure period, as extended by section 147 of the Local Government Act, 2001 .
Signed: ..........................................................
Date: ..............................................................
GIVEN under my Official Seal,
11 November 2011.
PHIL HOGAN,
Minister for Environment, Community and LocalGovernment
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.).
These Regulations make provision in relation to the extension of the tenure of office of certain local authority managers
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