Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

PART 1 Preliminary and General

1. Short title, collective citation and commencement

1. (1) This Act may be cited as the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024.

(2) (a) This Act, other than Part 5 and sections 65, 66, 67 and 69, and the Local Government Acts 1925 to 2023 may be cited together as the Local Government Acts 1925 to 2024.

(b) Section 65 and the Housing Acts 1966 to 2021 may be cited together as the Housing Acts 1966 to 2024.

(c) Section 66 and the Housing Finance Agency Acts 1981 to 2007 may be cited together as the Housing Finance Agency Acts 1981 to 2024, and shall be read together as one.

(d) Section 67 and the National Treasury Management Agency Acts 1990 to 2022 may be cited together as the National Treasury Management Agency Acts 1990 to 2024, and shall be construed together as one.

(3) This Act, other than sections 66, 67 and 69, shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

2. Interpretation

2. (1) In this Act—

“Act of 1992” means the Electoral Act 1992;

“Act of 2000” means the Planning and Development Act 2000;

“Act of 2022” means the Electoral Reform Act 2022;

F1[“Act of 2024”means thePlanning and Development Act 2024;]

“administrative area” has the same meaning as it has in the Principal Act;

“Cathaoirleach” has the same meaning as it has in the Principal Act;

“chief executive”, other than in section 20, subsection (2) of section 33, subsection (2) of section 34, and Part 6, means the chief executive of Limerick City and County Council who holds employment in accordance with section 144 of the Principal Act;

“Commission” means An Coimisiún Toghcháin;

“consultative forum” has the meaning assigned to it by section 30;

“director general” has the meaning assigned to it by section 26;

“elected council”, other than in Part 6, means the elected council (within the meaning of the Principal Act) of Limerick City and County Council;

“enactment” has the same meaning as it has in the Interpretation Act 2005;

“establishment day” shall be construed in accordance with section 8;

“Leas-Chathaoirleach” has the same meaning as it has in the Principal Act;

“Leas-Phríomh Chomhairleoir” shall be construed in accordance with section 24;

“Limerick” shall be construed in accordance with subsection (2) of section 10 of, and Part 3 of Schedule 5 to, the Principal Act;

“Limerick City and County Council” shall be construed in accordance with subsection (3) of section 11 of, and Part 3 of Schedule 5 to, the Principal Act;

“local authority” has the same meaning as it has in the Principal Act;

“Local Elections Regulations” means the Local Elections Regulations 1995 (S.I. No. 297 of 1995);

“Mayor” has the meaning assigned to it by section 9;

“mayoral by-election” has the meaning assigned to it by section 13;

“meetings administrator” has, in relation to Limerick City and County Council, the same meaning as it has in the Principal Act;

“Minister” means the Minister for Housing, Local Government and Heritage;

“ordinary day of retirement”, in relation to the outgoing members of Limerick City and County Council, has the same meaning as it has in the Principal Act;

“prescribed” means prescribed by regulation made by the Minister under this Act;

“Principal Act” means the Local Government Act 2001;

“Príomh Chomhairleoir” shall be construed in accordance with section 22;

“vesting day” means the day on which the term of office of the person first elected as Mayor commences in accordance with subsection (5) of section 9.

(2) Any public notice required by this Act to be given by a returning officer may be given by any method which the returning officer thinks necessary or desirable for the purpose of bringing to the attention of the public the matter so required to be notified.

3. Orders and regulations

3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed or for the purpose of enabling any provision of this Act to have full effect.

(2) Where a provision of this Act requires or authorises the Minister to make regulations, such regulations may—

(a) make different provision for different circumstances or cases, classes or types, and

(b) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every order (other than an order under section 1, 8, 47, 48 or 63) and regulation (other than a regulation made under section 49) made by the Minister under this Act 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 or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4. Saver

4. (1) Anything commenced, but not completed, before the vesting day by or under the authority of the chief executive or the Cathaoirleach may, in so far as it relates to a function that, on the vesting day, vests in the Mayor under section 10, be carried on or completed on or after that day by the Mayor.

(2) Every act done, every decision made, every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function that, on the vesting day, vests in the Mayor under section 10, shall, if and in so far as it was operative immediately before the vesting day, have effect on and after that day as if it had been done, made or granted by the Mayor.

(3) Anything commenced, but not completed, before the vesting day by or under the authority of the Cathaoirleach may, in so far as it relates to a function that, on the vesting day, vests in the Príomh Chomhairleoir under section 23, be carried on or completed on or after that day by the Príomh Chomhairleoir.

(4) Every act done, every decision made, every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function that, on the vesting day, vests in the Príomh Chomhairleoir under section 23, shall, if and in so far as it was operative immediately before the vesting day, have effect on and after that day as if it had been done, made or granted by the Príomh Chomhairleoir.

(5) Anything commenced, but not completed, before the vesting day by or under the authority of the Leas-Chathaoirleach may, in so far as it relates to a function that, on the vesting day, vests in the Leas-Phríomh Chomhairleoir under section 25, be carried on or completed on or after that day by the Leas-Phríomh Chomhairleoir.

(6) Every act done, every decision made, every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function that, on the vesting day, vests in the Leas-Phríomh Chomhairleoir under section 25, shall, if and in so far as it was operative immediately before the vesting day, have effect on and after that day as if it had been done, made or granted by the Leas-Phríomh Chomhairleoir.

5. Application of Principal Act to Limerick

5. The Principal Act shall apply to—

(a) Limerick, and

(b) Limerick City and County Council,

subject to the modifications specified in Schedule 3 and any other necessary modifications.

6. Expenses

6. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas.

7. Review of Act

7. (1) The Minister shall, not later than 3 years after the establishment day, conduct a review of the operation and effectiveness of this Act and shall, not later than 3 months after the end of that period of 3 years, or on the completion of the review, whichever is the earlier, make a report, in writing, to each House of the Oireachtas of the findings of the review and of the conclusions drawn from those findings.

(2) In conducting a review under this section, the Minister shall consult with the Mayor, Limerick City and County Council, the consultative forum and such other persons as the Minister considers appropriate for the purpose of the review.

PART 2 Mayor of Limerick

8. Establishment day

8. The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

9. Mayor of Limerick

9. (1) There shall be a mayor in respect of the administrative area of Limerick City and County Council, who—

(a) shall be known, in the Irish language, as Méara Luimnigh and, in the English language, as the Mayor of Limerick, and

(b) is referred to in this Act as “Mayor”.

(2) The office of Mayor of Limerick shall stand established on the establishment day.

(3) Subject to section 13, the Mayor shall be elected in accordance with Schedule 2.

(4) The Mayor shall hold office in accordance with this Act.

(5) Subject to subsection (6), the person elected to be Mayor (including the person first so elected) shall hold office on a full-time basis for a term commencing on the ordinary day of retirement falling in the year in which he or she is so elected and ending on the next ordinary day of retirement.

(6) Where a vacancy occurs in the office of Mayor in the circumstances referred to in subsection (3) of section 13, the person elected to fill the vacancy so occurring shall hold office for a term commencing on the day immediately following the day on which the returning officer declares under subparagraph (2) of paragraph 29 or paragraph 54 of Part 1 of Schedule 2 the result of the poll at the mayoral by-election and ending on the next ordinary day of retirement.

(7) Subject to subsection (8), a person who holds or has held the office of Mayor and who (having held such office) has not, by virtue of paragraph (a), (c), (d) or (e) of subsection (1) of section 13, ceased to hold such office shall be eligible for re-election to that office but a person shall not hold the office of Mayor for more than 2 terms referred to in subsection (5), which may be in addition to any term held in accordance with subsection (6).

(8) The Mayor shall not, while holding office as mayor, engage in any trade, profession, vocation or other occupation, whether remunerated or otherwise, which might reasonably be seen to be capable of interfering or to be incompatible with the performance of his or her functions as Mayor.

10. Functions of Mayor

10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

10A. F2[Application of certain provisions of Act of 2024 in relation to Limerick City and County Council

10A.(1) A relevant function shall, insofar as it relates to Limerick City and County Council, be deemed to be a function of the director general.

(2) A function (other than a relevant function) of a chief executive, within the meaning of the Act of 2024, under that Act shall, insofar as it relates to Limerick City and County Council, be deemed to be a function of the Mayor.

(3) In this section, "relevant function" means a function, under the following provisions of the Act of 2024, of a chief executive (within the meaning of that Act):

(a) Part 2, 9, 11, 15, 16 and 20;

(b) Chapter 2 to 5 and 7 of Part 4, Chapter 3 and 4 of Part 6, Chapter 2 of Part 7, Chapter 1, 2 and 4 of Part 8 and Chapter 2 to 4 of Part 12;

(c) sections 31(4) and (7), 64(4), 79(4), 152, 153(2)(b), 158, 160, 161, 268, 270, 310, 312 to 315, 323, 324, 326, 333, 338, 339, 340, 341, 411, 412, 414, 417, 530(4), 567(4), 570, 574(3) and (4), 577(7), 594 and 623.]

11. Effect of election as Mayor at mayoral by-election on membership of local authority

11. (1) Subject to subsection (1) of section 17, a person who, while being a member of a local authority, is elected in circumstances to which subsection (3) of section 13 applies by way of mayoral by-election to the office of Mayor shall, notwithstanding section 17 of the Principal Act, upon the day immediately following the day on which the returning officer declares under subparagraph (2) of paragraph 29 or paragraph 54 of Part 1 of Schedule 2 the result of the poll at the mayoral by-election concerned, cease to be such a member.

(2) Paragraph (b) of subsection (3) of section 17 of the Principal Act shall not apply to a person who, at the same time, is elected to the office of Mayor and as a member of a local authority.

12. Resignation of Mayor

12. The Mayor may resign from office by notice in writing signed by him or her and delivered to the principal offices of Limerick City and County Council and the resignation shall take effect on the day specified in the notice or, where no such day is specified, on receipt of such notice by Limerick City and County Council.

13. Vacancies

13. (1) The Mayor ceases to hold office and a vacancy in the office of Mayor occurs—

(a) upon removal of the Mayor from office in accordance with Part 7,

(b) upon the death or resignation (in accordance with section 12) of the Mayor,

(c) upon the Mayor becoming disqualified for membership of a local authority or for holding the office of Mayor of Limerick under section 13, 13A or 182 of the Principal Act,

(d) upon the Mayor becoming disqualified for membership of a local authority under section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act 1999, or

(e) upon an order under paragraph (b) of subsection (4) of section 17 of the Criminal Justice (Corruption Offences) Act 2018 for the forfeiture of the office of the person as a member of the local authority taking effect under subsection (6) of that section.

(2) It is the duty of the meetings administrator to notify the elected council in writing on becoming aware that a vacancy referred to in subsection (1) has occurred.

(3) Where a vacancy occurs in the office of Mayor—

(a) in any of the circumstances referred to in subsection (1), and

(b) not later than the 31st day of October in the year immediately preceding a year in which an election referred to in section 26 of the Principal Act is required to be held,

an election (in this Act referred to as a “mayoral by-election”) shall be held in accordance with Schedule 2 not later than 3 months from the occurrence of that vacancy to fill the vacancy so occurring.

(4) Where a vacancy occurs in the office of Mayor—

(a) in any of the circumstances referred to in subsection (1), and

(b) during the period commencing on the 1st day of November in the year immediately preceding a year in which an election referred to in section 26 of the Principal Act is required to be held and ending on the next ordinary day of retirement,

the functions of Mayor shall be performable by the Príomh Chomhairleoir during the period commencing on the day on which the vacancy occurs and ending on the next ordinary day of retirement.

(5) Where a vacancy occurs in the office of Mayor in circumstances to which subsection (3) applies, the functions of Mayor shall be performable by the Príomh Chomhairleoir during the period commencing on the day on which the vacancy occurs and ending on the day on which the returning officer declares under subparagraph (2) of paragraph 29 or paragraph 54 of Part 1 of Schedule 2 the result of the poll at the mayoral by-election held consequent upon the occurrence of that vacancy.

(6) Where the functions of Mayor are performable by the Príomh Chomhairleoir in accordance with subsection (4) or (5), the Leas-Phríomh Chomhairleoir shall assume the responsibilities of the office of Príomh Chomhairleoir for the duration of the period during which they are so performable.

(7) Sections 16, 18, 19 and 19A of the Principal Act shall not apply in respect of the office of Mayor.

(8) Where a vacancy occurs in the office of Mayor in any of the circumstances referred to in subsection (1) and the Mayor is, when the vacancy occurs, absent in any of the circumstances referred to in subsection (1) of section 14, this section shall apply to the vacancy so occurring notwithstanding such absence.

14. Temporary absence

14. (1) A temporary absence occurs in the office of Mayor where the Mayor is absent from office and the absence is—

(a) occasioned by the Mayor taking leave in accordance with the Maternity Protection Act 1994,

(b) due to illness, or

(c) in good faith for another reason.