LOCAL GOVERNMENT (MAYOR OF LIMERICK) AND MISCELLANEOUS PROVISIONS ACT 2024

• (d) Where the chief executive of a local authority receives a document purporting to be a petition referred to in clause (I) of subparagraph (ii) of paragraph (a), he or she shall, if satisfied that the document is a valid such petition, submit that petition and the certificate referred to in clause (II) of that subparagraph to the Minister not later than 30 days after having received the petition.

• (2) A plebiscite shall be held on such day and at such times as the Minister shall, subject to paragraph (b) of subsection (1) and subsection (4), by order, appoint.

• (3) An order under subsection (2) shall be published in Iris Oifigiúil as soon as may be after it is made.

• (4) An order under subsection (2) shall appoint a day that is not earlier than 60 days, and not later than 90 days, after the making of the order.

• (5) Each plebiscite shall be conducted in accordance with regulations made by the Minister under section 49.

• (6) The Minister shall, within such period as the Minister considers reasonable and necessary to enable the Commission to comply with its obligations under subsection (7) in relation to a plebiscite, provide the Commission with information relating to—

• (a) the functions and office that are proposed in respect of the directly elected mayor for the administrative area concerned,

• (b) the likely effect that the establishment of such office would have on the performance by the local authority concerned of its functions and the likely nature of the relationship between the holder of that office and that local authority,

• (c) the likely nature of the relationship between the holder of such office and any other body established by or under statute charged with performing functions in relation to the administrative area concerned,

• (d) the likely cost and other resource implications should the proposal be implemented,

• (e) the likely effects (if any) that the proposal would have in relation to the functions and organisational structure of any other body established by or under statute, and

• (f) such other matters as the Minister considers appropriate.

• (7) For the purposes of a plebiscite, the Commission shall—

• (a) prepare a statement or statements containing a general explanation of the proposal that is the subject of the plebiscite, which shall include a summary of the information provided by the Minister under subsection (6), and any further information that the Commission considers appropriate, and

• (b) not later than 30 days before the day appointed under subsection (2), publish (in both the Irish and English languages) and distribute such statement or statements in relation to the plebiscite concerned in such manner as the Commission considers will bring the proposal to the attention of electors in the administrative area to which the proposal relates.

48. Advance polling

48. (1) Notwithstanding subsections (2) and (4) of section 47, the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of the Commission, make an order providing that, in addition to the poll at a plebiscite provided for under subsection (2) of section 47—

• (a) an advance poll at a plebiscite may be taken on the day before the day appointed by the Minister under subsection (2) of section 47, and

• (b) a poll referred to in paragraph (a) shall continue for such period, not being less than 12 hours, between the hours of 7 a.m. and 10.30 p.m.

• (2) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

• (3) The returning officer for a plebiscite to which an order under subsection (1) applies shall give public notice of the day on which, and the hours during which, the advance poll provided for by that order shall be taken.

• (4) In this section—

“Covid-19” means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;

“pandemic” means an outbreak of disease—

• (a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and

• (b) which has been declared by the World Health Organisation to be a pandemic.

49. Regulations

49. (1) The Minister may make regulations for the purposes of this Part.

• (2) Without prejudice to the generality of subsection (1), regulations under this section may make provision in relation to any one or more of the following:

• (a) the form of the ballot paper in respect of a plebiscite, including the wording of the proposal to be included on the ballot paper;

• (b) arrangements and requirements relating to the publication of notices and the provision of information to electors;

• (c) the appointment of the returning officer for the purposes of a plebiscite, his or her duties and the assignment of staff to him or her for the purposes of the plebiscite;

• (d) the taking of the poll and the counting (including recounting) of votes in a plebiscite;

• (e) the use of school premises and other premises to which the public ordinarily have access for purposes connected with a plebiscite;

• (f) arrangements for—

• (i) voting at a plebiscite in person or by post,

• (ii) special voting at a plebiscite, and

• (iii) voting at a plebiscite by persons who are members of the staff of the returning officer;

• (g) voting at a plebiscite by electors who are physically ill or physically disabled;

• (h) polling at a plebiscite on islands forming part of the administrative area to which the plebiscite applies;

• (i) the issue of polling information cards;

• (j) the maintenance of the secrecy of the ballot;

• (k) the removal of persons misconducting themselves in polling stations;

• (l) procedures to be followed in cases of disorder or obstruction at polling stations or otherwise in relation to the holding of a plebiscite;

• (m) procedures to be followed in the case of damage to ballot boxes or damage to a polling station;

• (n) arrangements to prevent interference with ballot boxes or ballot papers and procedures to be followed should such interference occur or be suspected of having occurred;

• (o) modifications of the provisions specified in section 50 for the purposes of that section;

• (p) such other matters relating to the holding of a plebiscite as the Minister considers appropriate.

• (3) Where regulations under this section are proposed to be made, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving the draft has been passed by each such House.

50. Electoral offences

50. Articles 67, 95, 96, 97, 98, 99, 100, 101, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 116, 117, 118 and 119 of the Local Elections Regulations shall apply and have effect in relation to a plebiscite as they apply and have effect in relation to a local election, subject to such modifications as shall be specified in regulations under section 49 and any other necessary modifications.

51. Persons entitled to vote in plebiscite

51. Subject to this Part and the Local Elections Regulations as modified by regulations made under section 49, every person whose name is entered on the register of local government electors (within the meaning of the Act of 1992) maintained in accordance with Part II of and the Second Schedule to the Act of 1992 for the administrative area of a local authority and published in accordance with subsection (5) of section 13 of that Act shall be entitled to vote in a plebiscite in respect of that administrative area.

52. Report to Houses of Oireachtas

52. If a majority of the votes cast at a plebiscite held in accordance with this Part are in favour of the proposal, the Minister shall, not later than 2 years from the day appointed under subsection (2) of section 47 in relation to the holding of that plebiscite, prepare and submit to each House of the Oireachtas a report specifying proposals for legislative measures to provide for a directly elected mayor of the administrative area in respect of which the plebiscite was held.

53. Cost of holding of plebiscite

53. The costs incurred by a local authority in the holding of a plebiscite shall be borne by that local authority.

54. Repeal of Part 6 of Local Government Act 2019

54. Part 6 of the Local Government Act 2019 is repealed.

PART 7 Removal of Mayor from Office

55. Definitions (Part 7)

55. In this Part—

“final recommendation” has the meaning assigned to it by subsection (7) of section 62;

“member” means a member of Limerick City and County Council other than the Mayor;

“panel” has the meaning assigned to it by subsection (1) of section 59;

“preliminary recommendation” has the meaning assigned to it by subsection (1) of section 62;

“removal notice” has the meaning assigned to it by subsection (2) of section 56;

“removal order” has the meaning assigned to it by subsection (1) of section 63;

“removal resolution” has the meaning assigned to it by subsection (1) of section 56;

“statement of response” has the meaning assigned to it by subsection (1) of section 57.

56. Proposal for removal of Mayor from office

56. (1) Subject to this Part, the members may, by resolution (in this Part referred to as a “removal resolution”) at a special meeting convened under section 58, adopt a proposal that the Mayor be removed from office by removal order on either or both of the following grounds:

• (a) that the Mayor has engaged in stated misbehaviour;

• (b) that the Mayor has—

• (i) failed to a material extent, without reasonable cause, to perform his or her functions, and

• (ii) such failure is of an extent which is likely to materially impede the effective performance by Limerick City and County Council of its functions.

• (2) Notice in writing of the intention to propose a removal resolution (in this Part referred to as a “removal notice”) shall—

• (a) be signed by at least two-thirds of the total number of the members,

• (b) specify the ground or grounds, referred to in subsection (1), on which the resolution is proposed,

• (c) contain a statement of the reasons for the proposal, and

• (d) subject to subsection (4), without delay be delivered to the Príomh Chomhairleoir.

• (3) A copy of a removal notice shall, on the same day that it is delivered to the Príomh Chomhairleoir, be delivered to the Mayor.

• (4) A removal notice shall not be delivered to the Príomh Chomhairleoir—

• (a) earlier than 12 months after the election to office of the Mayor to which the notice relates,

• (b) earlier than 12 months after a vote of the members on a removal resolution that was not passed in relation to that Mayor, or

• (c) earlier than 12 months after a decision of the Minister under subsection (5) of section 63.

• (5) Upon receipt of a removal notice, the Príomh Chomhairleoir shall, without delay—

• (a) inform the Minister that the removal notice has been received, and

• (b) deliver a copy of the removal notice to the director general, who shall furnish a copy thereof to each member.

57. Statement of response by Mayor

57. (1) The Mayor may, not later than 14 days after receipt of a copy of a removal notice, deliver to the Príomh Chomhairleoir a statement (in this Part referred to as a “statement of response”) setting out his or her response to the removal notice and the statement may include any supporting documentation and information the Mayor considers to be relevant to the response.

• (2) The Príomh Chomhairleoir may, if he or she considers it is appropriate to do so, on the request of the Mayor made before the expiration of the period referred to in subsection (1), extend that period for a further period of no longer than 7 days.

• (3) The Príomh Chomhairleoir shall, as soon as possible after receipt of a statement of response in accordance with this section, deliver a copy of the statement to the director general, who shall furnish a copy thereof to each member.

58. Special meeting to consider proposal

58. (1) The Príomh Chomhairleoir shall, upon receipt of a removal notice, convene a special meeting of Limerick City and County Council to consider the removal notice for a date that is not earlier than 14 days, and not later than 28 days, after the date of such receipt.

• (2) Where the period for delivery of a statement of response is extended under subsection (2) of section 57, the Príomh Chomhairleoir shall, if the special meeting has been convened for a date falling in that period, convene the special meeting for another date that is later than the end of that period, but not later than 28 days after receipt of the removal notice by the Príomh Chomhairleoir.

• (3) At a special meeting convened under this section, the Mayor—

• (a) may address the members of the local authority in relation to the removal notice,

• (b) shall be entitled to be legally represented, and

• (c) may, with the agreement of the Príomh Chomhairleoir, be accompanied by, and consult with, such other persons as the Mayor considers appropriate.

• (4) A special meeting convened under this section may proceed in the absence of the Mayor for all or any part of the meeting.

• (5) It is necessary for the passing of a removal resolution at a special meeting convened under this section that—

• (a) the members have considered—

• (i) the removal notice in respect of which the special meeting was convened, and

• (ii) any statement of response to that removal notice,

and

• (b) at least three-quarters of the total number of members vote in favour of the removal resolution.

• (6) Where a special meeting is held under this section, the Príomh Chomhairleoir shall, as soon as practicable thereafter—

• (a) inform the Minister whether the removal resolution has been passed, and

• (b) where the removal resolution has been passed—

• (i) provide to the Minister a copy of—

• (I) the removal notice in respect of which the special meeting was convened,

• (II) any statement of response to that removal notice delivered to the Príomh Chomhairleoir by the Mayor in accordance with section 57,

• (III) the minutes of the special meeting, and

• (IV) the removal resolution,

and

• (ii) deliver a copy of the documents specified in clauses (III) and (IV) of subparagraph (i) to the director general, who shall furnish a copy thereof to the Mayor.

59. Appointment of panel

59. (1) The Minister shall, within 7 days of being informed of the passing of a removal resolution, appoint a panel (in this Part referred to as a “panel”) of at least 3 persons having knowledge of or experience in local government, human resources or management to consider the removal resolution and make a recommendation to the Minister in relation to the making of a removal order.

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

• (3) Subject to this Part and any regulations made under section 64, a panel may establish its own procedures.

• (4) The Minister shall, as soon as possible after the appointment of a panel—

• (a) provide the panel with a copy of the documentation specified in subparagraph (i) of paragraph (b) of subsection (6) of section 58, and

• (b) inform the Mayor, the Príomh Chomhairleoir and the director general that the panel has been appointed.

• (5) The panel shall, without delay after its appointment, inform the Mayor of his or her right to submit a statement, or a further statement, as the case may be, to the panel in accordance with subsection (1) of section 60 and to request an interview with the panel under subsection (1) of section 61.

60. Further statement of response and additional information to panel

60. (1) The Mayor may, not later than 7 days after being informed in accordance with subsection (4) of section 59 of the appointment of a panel, deliver to the panel a statement, or further statement, as the case may be, for consideration by the panel, setting out his or her response to the removal notice or the passing of the removal resolution, which may include any supporting documentation and information the Mayor considers to be relevant.

• (2) The panel may, if it considers it appropriate to do so, request the Mayor, the Príomh Chomhairleoir, the director general or any member to provide specified documentation or information within a period specified in writing by the panel and the person so requested shall comply with the request.

• (3) A panel may proceed in accordance with section 62 to make a preliminary recommendation or a final recommendation notwithstanding any failure by the Mayor or other person to provide documentation or information in accordance with subsection (2).

61. Attendance before panel

61. (1) A Mayor in relation to whom a removal resolution is passed may, not later than 7 days after being informed in accordance with subsection (4) of section 59 of the appointment of a panel, request an interview with the panel in relation to the passing of the removal resolution or the removal notice in respect of which the resolution was passed, and the panel shall conduct the interview on such day and at such time and place as shall be specified by the panel.

• (2) A panel may request the attendance of the Mayor, the Príomh Chomhairleoir, the director general or any member at an interview with the panel in relation to the passing of a removal resolution or the removal notice in respect of which the resolution was passed, on such day and at such time and place as shall be specified by the panel, and the person so requested shall comply with the request.

• (3) A panel shall give reasonable notice of the day, time and place of an interview to be conducted in accordance with subsection (1) or (2) and, in the case of an interview with the Mayor, the notice shall inform the Mayor of the matters specified in subsection (4).

• (4) At an interview conducted in accordance with subsection (1) or (2), the Mayor shall be entitled to—

• (a) be legally represented, and

• (b) be accompanied by, and to consult with, such other persons as the Mayor considers appropriate, as agreed with the panel.

• (5) A panel may proceed in accordance with section 62 to make a preliminary recommendation or a final recommendation notwithstanding any failure by the Mayor or other person to attend all or any part of an interview convened under subsection (1) or (2).

62. Recommendation of panel

62. (1) A panel shall, having had regard to the matters specified in subsection (2), make a preliminary recommendation in writing (in this Part referred to as a “preliminary recommendation”) setting out the following matters:

• (a) the opinion of the panel as to whether the requirements of this Part and the Principal Act (as modified by this Act), and any regulations made under this Part, have been complied with in relation to the passing of the removal resolution;

• (b) the opinion of the panel as to whether any of the grounds for removal specified in subsection (1) of section 56 exist;

• (c) a recommendation—

• (i) that a removal order be made by the Minister, or

• (ii) that a removal order not be made by the Minister;

• (d) in the case of a recommendation under subparagraph (i) of paragraph (c), the grounds for removal referred to in subsection (1) of section 56 upon which the recommendation is made;

• (e) such other recommendations (if any) as the panel considers appropriate in all the circumstances;

• (f) the reasons for the matters specified in paragraphs (a) to (e).

• (2) In making a preliminary recommendation, a panel shall have regard to—

• (a) the documentation specified in subparagraph (i) of paragraph (b) of subsection (6) of section 58,

• (b) any statement of the Mayor delivered to it in accordance with section 60,

• (c) any additional documentation and information provided to it under section 60, and

• (d) the minutes of any interview held in accordance with section 61.

• (3) Subject to subsection (5), the panel shall, not later than 21 days after its appointment, give notice of the preliminary recommendation (including the matters referred to in paragraphs (a) to (f) of subsection (1)) to the Mayor and the Príomh Chomhairleoir.

• (4) The Príomh Chomhairleoir shall, as soon as practicable after receipt of a notice under subsection (3), deliver a copy of the notice to the director general, who shall furnish a copy thereof to each member.

• (5) The Minister may, if he or she considers it is appropriate to do so, on the request of the panel made before the expiration of the period referred to in subsection (3), extend that period by such period as he or she considers necessary to enable the panel to carry out its functions.

• (6) A notice under subsection (3) shall include a statement that the Mayor, the Príomh Chomhairleoir, the director general or any member may, within 7 days of receipt of the notice (or copy thereof), provide observations to the panel on the preliminary recommendation.

• (7) The panel shall, not later than 14 days after giving notice under subsection (3), having considered any observations received in accordance with subsection (6), proceed to make a final recommendation in writing (in this Part referred to as a “final recommendation”) setting out the matters specified in paragraphs (a) to (f) of subsection (1).

• (8) A panel shall, as soon as practicable after making a final recommendation—

• (a) deliver the final recommendation to the Minister, and

• (b) deliver a copy of the final recommendation to—

• (i) the Mayor, and

• (ii) the Príomh Chomhairleoir.

• (9) The Príomh Chomhairleoir shall, as soon as practicable after receipt of a copy of a final recommendation, deliver a copy thereof to the director general, who shall furnish a copy thereof to each member.

63. Order for removal of Mayor

63. (1) Subject to subsection (2) and this Part, the Minister may, by order (in this Part referred to as a “removal order”), remove the Mayor from office on either or both of the grounds specified in subsection (1) of section 56.

• (2) The Minister shall not make a removal order unless—

• (a) a panel has made a final recommendation, which includes a recommendation referred to in subparagraph (i) of paragraph (c) of subsection (1) of section 62, and

• (b) the Minister has considered and had regard to that recommendation of the panel.

• (3) A removal order shall specify—

• (a) the ground or grounds, specified in subsection (1) of section 56, on which the order is made, and

• (b) the date on which the order is to take effect (which shall not be earlier than the day after the day on which the order is made).

• (4) Where the Minister proposes to make a removal order, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House.

• (5) Where the Minister decides, notwithstanding a recommendation referred to in subparagraph (i) of paragraph (c) of subsection (1) of section 62, not to make an order under this section, he or she shall, without delay, give notice to the Mayor and the Príomh Chomhairleoir of that fact.

• (6) The Príomh Chomhairleoir shall, as soon as practicable after receipt of a notice of a decision of the Minister referred to in subsection (5), deliver a copy of the notice to the director general, who shall furnish a copy thereof to each member.

64. Regulations

64. The Minister may prescribe any matter of procedure for the purposes of this Part.

PART 8 Miscellaneous provisions

65. Amendment of Affordable Housing Act 2021

65. The Affordable Housing Act 2021 is amended, in section 10—

• (a) in subsection (3), by the substitution of “the previous purchase or building of the dwelling concerned, or the previous purchase or building of any other dwelling in the State,” for “the previous purchase or building of the dwelling concerned”, and

• (b) in subsection (5), by the substitution of “the previous purchase or building of the dwelling concerned, or the previous purchase or building of any other dwelling in the State,” for “the previous purchase or building of the dwelling concerned”.

66. Amendment of section 10 of Housing Finance Agency Act 1981

66. Section 10 of the Housing Finance Agency Act 1981 is amended—

• (a) in subsection (1), by the substitution of “consent of the Minister, the Minister for Finance and the Minister for Public Expenditure, National Development Plan Delivery and Reform” for “consent of the Minister and the Minister for Finance”, and

• (b) in subsection (3), by the substitution of “€12,000,000,000” for “€10,000,000,000”.

67. Amendment of section 42B of National Treasury Management Agency (Amendment) Act 2014

67. Section 42B of the National Treasury Management Agency (Amendment) Act 2014 is amended—

• (a) in subsection (1)—

• (i) by the substitution of “the Land Development Agency Act 2021, and with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform,” for “the Land Development Agency Act 2021,”,

• (ii) in paragraph (c), by the substitution of “under paragraph (a),” for “under paragraph (a), or”,

• (iii) in paragraph (d), by the substitution of “Land Development Agency Act 2021, or” for “Land Development Agency Act 2021.”, and

• (iv) by the insertion of the following paragraph after paragraph (d):

• “(e) pay money to the Land Development Agency or any subsidiary DAC from the proceeds of the disposal of a directed investment for the purposes of discharging the liability of the Minister in respect of the shares allotted and issued to the Minister for Housing, Local Government and Heritage and the Minister for Public Expenditure, National Development Plan Delivery and Reform under section 25 of the Land Development Agency Act 2021.”,

and

• (b) by the insertion of the following subsection after subsection (3):

• “(3A) The total amount paid under subsection (1)(e) shall not at any time exceed €1,250,000,000.”.

68. Miscellaneous amendments to Principal Act

68. The Principal Act is amended—

• (a) in section 128A, by the substitution, in the definition of “chief officer”, of “section 128D(1)(b)” for “section 128E(1)”,

• (b) in section 160(1)—

• (i) in paragraph (b), by the substitution of “shall consult with the Public Appointments Service” for “shall consult with the Commission for Public Service Appointments”, and

• (ii) by the insertion of the following paragraphs after paragraph (b):

• “(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) in section 173, by the substitution, in subsection (1), of “chief executive of” for “manager for”, and

• (d) in section 178—

• (i) in subsection (1), by the substitution of “chief executive of” for “manager for”,

• (ii) in subsection (2), by the substitution of “The chief executive” for “The manager”,

• (iii) in subsection (4), by the substitution of “the chief executive” for “the manager”, and

• (iv) in subsection (5), by the substitution of “The chief executive” for “The manager”.

69. Amendment of Land Development Agency Act 2021

69. The Land Development Agency Act 2021 is amended by the insertion of the following section after section 32:

“Further provision relating to funding of Agency

32A. (1) Notwithstanding sections 25 to 29, section 42B of the National Treasury Management Agency (Amendment) Act 2014 and section 5 of the Housing Finance Agency Act 1981, the Agency and any subsidiary DAC may from time to time also raise funds—

• (a) by its or their performance of the functions of the Agency under paragraph (j), (n) or (o) of section 14(1), or

• (b) through arrangements referred to in section 6(2)(c) or 42 of the Affordable Housing Act 2021 or as the owner of a dwelling which is designated as a cost rental dwelling within the meaning of Part 3 of that Act.

• (2) Funds referred to in subsection (1)—

  • (a) shall not exceed an amount of €1,250,000,000,

  • (b) shall only be raised with the approval of both the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, and

  • (c) may be used by the Agency and any subsidiary DAC in the performance of the functions of the Agency.

• (3) Without prejudice to the generality of subsection (2), funds referred to in subsection (1)(a)—

  • (a) may be raised in any currency, and

  • (b) shall in respect of any liabilities arising be the responsibility of the Agency to satisfy.”.

SCHEDULE 1

Sections 10, 23 and 26

PART 1 Enactments for Purposes of Sections 10 and 23

Number and Year (1)	Short Title (2)	Provision (3)
No. 37 of 2001	Local Government Act 2001	Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14.

PART 2 Enactments for Purposes of Sections 10 and 26

Acts

Number and Year (1)	Short Title (2)	Provision (3)
1 & 2 Vict., c. 56	Poor Relief (Ireland) Act 1838	Section 73.
38 & 39 Vict., c. 17	Explosives Act 1875	The whole Act.
41 & 42 Vict., c. 52	Public Health (Ireland) Act 1878	Sections 178, 180, 185, 186, 187, 189, 190, 191 and 196.
No. 34 of 1926	Local Authorities (Mutual Assurance) Act 1926	Section 3.
No. 39 of 1926	Local Authorities (Officers and Employees) Act 1926	Sections 5 and 6.
No. 23 of 1941	Local Government Act 1941	Sections 60, 61 and 62.
No. 3 of 1948	Local Government (Sanitary Services) Act 1948	Sections 45 and 46.
No. 17 of 1949	Local Authorities (Works) Act 1949	The whole Act.
No. 30 of 1953	Intoxicating Liquor Act 1953	Section 6.
No. 37 of 1954	National Monuments (Amendment) Act 1954	Section 17.
No. 18 of 1960	Intoxicating Liquor Act 1960	Section 41.
No. 9 of 1962	Coroners Act 1962	The whole Act.
No. 29 of 1964	Local Government (Sanitary Services) Act 1964	The whole Act.
No. 21 of 1966	Housing Act 1966	Sections 4, 34, 35, 49, 58, 61, 64, 65, 66, 67, 69, 71, 76, 77, 78, 79, 80, 81, 82, 83, 90, 91, 98, 107, 112, 116 and 117.
No. 10 of 1972	Dangerous Substances Act 1972	The whole Act.
No. 8 of 1974	Local Elections (Petitions and Disqualifications) Act 1974	The whole Act.
No. 14 of 1975	Local Authorities (Traffic Wardens) Act 1975	The whole Act.
No. 39 of 1976	Wildlife Act 1976	The whole Act.
No. 1 of 1977	Local Government (Water Pollution) Act 1977	Section 28.
No. 27 of 1979	Housing (Miscellaneous Provisions) Act 1979	Sections 6 and 11.
No. 8 of 1980	Local Government (Superannuation) Act 1980	Section 2.
No. 30 of 1981	Fire Services Act 1981	The whole Act.
No. 21 of 1983	Local Government (Financial Provisions) (No. 2) Act 1983	Sections 2, 3, 5, 6 and 7.
No. 32 of 1986	Control of Dogs Act 1986	The whole Act.
No. 6 of 1987	Air Pollution Act 1987	Sections 7, 12A, 12B, 12C, 13, 14(3), 16, 17, 18, 22, 26, 27, 28, 28A, 32, 33, 34, 35, 36, 37, 38, 41, 42, 43, 44, 45, 51(4), 54 and 57.
No. 8 of 1988	Abattoirs Act 1988	The whole Act.
No. 28 of 1988	Housing Act 1988	Sections 2, 4, 10, 13, 16, 17, 18 and 29.
No. 29 of 1988	Local Government (Multi-Storey Buildings) Act 1988	The whole Act.
No. 3 of 1990	Building Control Act 1990	The whole Act.
No. 14 of 1990	Derelict Sites Act 1990	The whole Act.
No. 11 of 1991	Local Government Act 1991	Section 28(6).
No. 7 of 1992	Environmental Protection Agency Act 1992	The whole Act.
No. 18 of 1992	Housing (Miscellaneous Provisions) Act 1992	Sections 4, 5, 10, 11, 12, 18A, 18B, 34 and 37.
No. 23 of 1992	Electoral Act 1992	The whole Act.
No. 28 of 1992	Finance (No. 2) Act 1992	Sections 20A, 20B and 21.
No. 13 of 1993	Finance Act 1993	Sections 59, 60 and 61.
No. 14 of 1993	Roads Act 1993	Sections 13(10), 46, 69, 70, 71, 73, 74(5), 75(3), 76(6), (12), (14), (15) and (16).
No. 28 of 1993	Presidential Elections Act 1993	The whole Act.
No. 12 of 1994	Referendum Act 1994	The whole Act.
No. 10 of 1996	Waste Management Act 1996	The whole Act.
No. 37 of 1996	Control of Horses Act 1996	The whole Act.
No. 2 of 1997	European Parliament Elections Act 1997	The whole Act.
No. 12 of 1997	Litter Pollution Act 1997	The whole Act.
No. 21 of 1997	Housing (Miscellaneous Provisions) Act 1997	Sections 3, 3A, 6(2), 9, 14, 14A, 15 and 20.
No. 25 of 1997	Electoral Act 1997	The whole Act.
No. 29 of 1997	Local Government (Financial Provisions) Act 1997	Section 14(5).
No. 31 of 1997	Prompt Payment of Accounts Act 1997	The whole Act.
No. 16 of 1998	Local Government Act 1998	Sections 5, 6(2), 7 and 12.
No. 29 of 1998	Food Safety Authority of Ireland Act 1998	The whole Act.
No. 33 of 1998	Housing (Traveller Accommodation) Act 1998	Section 25.
No. 7 of 1999	Local Elections (Disclosure of Donations and Expenditure) Act 1999	The whole Act.
No. 30 of 2000	Planning and Development Act 2000	Sections 5, 7, 8, 18(3), 22, 31I(3), 31AI(4), 31AW(2), 57, 59, 60, 61, 69, 70, 71 to 79, 82, 83, 87, 88, 89, 90, 96, 96B, 97, 101, 147, 148, 170, 178, 178A, 179A, 180, 182, 206, 208, 209, 216, 217, 217B, 219, 247, 248, 249, 252, 254, 261 and 261A; Part III; Chapters III and IV of Part VI; Parts VIII, X, XA, XII, XVI, XVII and XXI.
No. 38 of 2000	Wildlife (Amendment) Act 2000	The whole Act, other than Part VA.
No. 37 of 2001	Local Government Act 2001	Sections 11(8), 28, 46, 52(5)(d) and (9), 81, 86, 97, 98, 99, 104, 107, 108, 109(5) and (6), 110(6), (9) and (10), 112, 120, 121, 122, 126D(7), 126E(1), 128A, 128D, 128E(2), 129I(5), 129M, 129N, 129O, 129P, 129Q, 129R, 129T, 132, 138, 140, 144(3)(a) and (8), 145, 146, 147, 148, 149, 149A, 151, 152, 153, 158, 160(3) and (4), 166, 167(1)(c), 173(1), 174(8), 178(1), (2), (4) and (5), 179, 180(4)(b) and (c), 211B, 211C, 211D, 211E and 211F, 214(3), (4) and (5), 229; paragraphs 13(6) and 15(4) of Schedule 10.
No. 32 of 2003	Official Languages Act 2003	Section 4B(a).
No. 27 of 2004	Residential Tenancies Act 2004	The whole Act.
No. 11 of 2005	Maritime Safety Act 2005	Section 17.
No. 26 of 2005	Social Welfare Consolidation Act 2005	Sections 261(2), 269, 290A(5); Part 12.
No. 33 of 2006	Electoral (Amendment) Act 2006	The whole Act.
No. 30 of 2007	Water Services Act 2007	The whole Act.
No. 22 of 2009	Housing (Miscellaneous Provisions) Act 2009	Sections 10, 20, 22, 24, 25, 28, 29, 31, 32, 34, 43, 45, 46, 47, 48, 56, 60, 61, 64, 74, 75, 76, 98 and 99.
No. 29 of 2010	Dog Breeding Establishments Act 2010	The whole Act.
No. 29 of 2011	Welfare of Greyhounds Act 2011	Sections 17, 26 and 27.
No. 15 of 2013	Animal Health and Welfare Act 2013	The whole Act.
No. 4 of 2014	County Enterprise Boards (Dissolution) Act 2014	Section 6(3).
No. 14 of 2014	Protected Disclosures Act 2014	The whole Act.
No. 21 of 2014	Housing (Miscellaneous Provisions) Act 2014	Sections 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 22, 23, 24, 25, 26, 27, 28, 29, 53 and 55; Part 4.
No. 30 of 2014	Freedom of Information Act 2014	The whole Act.
No. 43 of 2014	Merchant Shipping (Registration of Ships) Act 2014	Sections 42 and 63.
No. 33 of 2015	Urban Regeneration and Housing Act 2015	Part 2.
No. 24 of 2019	Local Government Rates and Other Matters Act 2019	Sections 4, 5, 7, 8, 9, 10, 12, 13 and 16.
No. 25 of 2021	Affordable Housing Act 2021	The whole Act.
No. 28 of 2022	Remediation of Dwellings Damaged by the use of Defective Concrete Blocks Act 2022	The whole Act.
No. 48 of 2022	Water Environment (Abstractions and Associated Impoundments) Act 2022	Sections 90, 91, 97, 101 and 108.
No. 17 of 2023	Civil Defence Act 2023	Sections 4, 5, 6, 7 and 9.
No. 26 of 2023	Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023	Sections 87, 88 and 223; Parts 7 and 10.
No. 1 of 2024	Policing, Security and Community Safety Act 2024	Sections 117 and 118(4).

Statutory Instruments

Number and Year (1)	Title (2)	Provision (3)
S.I. No. 15 of 1958	Road Vehicles (Registration and Licensing) Order 1958	The whole instrument.
S.I. No. 266 of 1988	Air Pollution Act 1987 (Licensing of Industrial Plant) Regulations 1988	The whole instrument.
S.I. No. 385 of 1992	Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992	The whole instrument.
S.I. No. 409 of 1992	Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1992	The whole instrument.
S.I. No. 179 of 1994	Environmental Protection Agency Act 1992 (Noise) Regulations 1994	The whole instrument.
S.I. No. 297 of 1995	Local Elections Regulations 1995	The whole instrument.
S.I. No. 171 of 1997	Control of Horses Regulations 1997	The whole instrument.
S.I. No. 374 of 1997	Environmental Protection Agency Act 1992 (Control of volatile organic compound emissions resulting from petrol storage and distribution) Regulations 1997	Regulations 25 and 26.
S.I. No. 375 of 1997	Air Pollution Act 1987 (Petroleum Vapour Emissions) Regulations 1997	The whole instrument.
S.I. No. 496 of 1997	Building Control Regulations 1997	The whole instrument.
S.I. No. 455 of 1998	Local Government (Superannuation) (Consolidation) Scheme 1998	The whole instrument.
S.I. No. 341 of 2001	Waste Management (Farm Plastics) Regulations 2001	The whole instrument.
S.I. No. 590 of 2001	Local Government Act 2001 (Supplementary Provisions) Regulations 2001	The whole instrument.
S.I. No. 600 of 2001	Planning and Development Regulations 2001	Articles 6, 10, 81A, 82A, 83A and 202; Parts 4, 7, 10, 11, 12, 13, 16, 19, 20, 21 and 22.
S.I. No. 66 of 2002	Local Government Act 2001 (Meetings) Regulations 2002	The whole instrument.
S.I. No. 281 of 2002	Local Authority Members (Gratuity) Regulations 2002	The whole instrument.
S.I. No. 362 of 2006	Local Government Act 2001 (Bye-Laws) Regulations 2006	The whole instrument.
S.I. No. 166 of 2007	Local Government (Business Improvement Districts Ratepayer Plebiscite) Regulations 2007	Regulation 4.
S.I. No. 684 of 2007	Waste Water Discharge (Authorisation) Regulations 2007	Regulations 34, 41, 42, 43 and 44.
S.I. No. 804 of 2007	Stores for Explosives Order 2007	The whole instrument.
S.I. No. 79 of 2008	Bathing Water Quality Regulations 2008	The whole instrument.
S.I. No. 58 of 2009	Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009	The whole instrument.
S.I. No. 272 of 2009	European Communities Environmental Objectives (Surface Waters) Regulations 2009	The whole instrument.
S.I. No. 296 of 2009	European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations 2009	The whole instrument.
S.I. No. 9 of 2010	European Communities Environmental Objectives (Groundwater) Regulations 2010	The whole instrument.
S.I. No. 84 of 2011	Social Housing Assessment Regulations 2011	The whole instrument.
S.I. No. 155 of 2011	European Communities Act 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011	The whole instrument.
S.I. No. 477 of 2011	European Communities (Birds and Natural Habitats) Regulations 2011	The whole instrument.
S.I. No. 687 of 2011	European Union (Stage II Petrol Vapour Recovery during Refuelling of Motor Vehicles at Service Stations) Regulations 2011	The whole instrument.
S.I. No. 243 of 2012	European Union (Energy Performance of Buildings) Regulations 2012	The whole instrument.
S.I. No. 564 of 2012	European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012	The whole instrument.
S.I. No. 565 of 2012	European Union (Installations and Activities Using Organic Solvents) Regulations 2012	The whole instrument.
S.I. No. 580 of 2012	European Communities (Late Payment in Commercial Transactions) Regulations 2012	The whole instrument.
S.I. No. 225 of 2013	European Union (Construction Products) Regulations 2013	The whole instrument.
S.I. No. 149 of 2014	European Union (Waste Electrical and Electronic Equipment) Regulations 2014	The whole instrument, other than Regulations 20(1) and (4) and 44.
S.I. No. 226 of 2014	Local Government (Financial and Audit Procedures) Regulations 2014	Articles 8 to 12; Part 3.
S.I. No. 231 of 2014	Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014	The whole instrument.
S.I. No. 281 of 2014	European Union (End-of-Life Vehicles) Regulations 2014	The whole instrument.
S.I. No. 282 of 2014	European Union (Packaging) Regulations 2014	The whole instrument.
S.I. No. 283 of 2014	European Union (Batteries and Accumulators) Regulations 2014	The whole instrument.
S.I. No. 573 of 2014	Local Government Act 1991 (Regional Assemblies) (Establishment) Order 2014	Articles 23 and 54(1).
S.I. No. 430 of 2015	European Union (Household Food Waste and Bio-waste) Regulations 2015	The whole instrument.
S.I. No. 297 of 2016	European Union Habitats (Tory Hill Special Area of Conservation 000439) Regulations 2016	The whole instrument.
S.I. No. 298 of 2016	European Union Habitats (Clare Glen Special Area of Conservation 000930) Regulations 2016	The whole instrument.
S.I. No. 299 of 2016	European Union Habitats (Glen Bog Special Area of Conservation 001430) Regulations 2016	The whole instrument.
S.I. No. 221 of 2017	European Union Habitats (Carrigeenamronety Hill Special Area of Conservation 002037) Regulations 2017	The whole instrument.
S.I. No. 400 of 2017	Waste Management (Tyres and Waste Tyres) Regulations 2017	The whole instrument.
S.I. No. 617 of 2017	European Union Habitats (Askeaton Fen Complex Special Area of Conservation 002279) Regulations 2017	The whole instrument.
S.I. No. 25 of 2018	Housing (Rebuilding Ireland Home Loans) Regulations 2018	The whole instrument.
S.I. No. 354 of 2018	European Union (Invasive Alien Species) (Freshwater Crayfish) Regulations 2018	The whole instrument.
S.I. No. 419 of 2018	European Union Habitats (Glenstal Wood Special Area of Conservation 001432) Regulations 2018	The whole instrument.
S.I. No. 533 of 2018	European Union (Mercury) Regulations 2018	The whole instrument.
S.I. No. 209 of 2019	European Union Habitats (Curraghchase Woods Special Area of Conservation 000174) Regulations 2019	The whole instrument.
S.I. No. 329 of 2019	European Union Conservation of Wild Birds (River Shannon and River Fergus Estuaries Special Protection Area 004077) Regulations 2019	The whole instrument.
S.I. No. 630 of 2019	Dangerous Substances (Flammable Liquids and Fuels Retail Stores) Regulations 2019	The whole instrument.
S.I. No. 631 of 2019	Dangerous Substances (Flammable Liquids and Fuels Distribution and Commercial Supply Stores) Regulations 2019	The whole instrument.
S.I. No. 683 of 2019	Control of Dogs (Dog Licensing Database) Regulations 2019	The whole instrument.
S.I. No. 22 of 2020	European Union (Food and Feed Hygiene) Regulations 2020	The whole instrument.
S.I. No. 116 of 2020	European Union Habitats (Galtee Mountains Special Area of Conservation 000646) Regulations 2020	The whole instrument.
S.I. No. 146 of 2020	European Union (Persistent Organic Pollutants) Regulations 2020	The whole instrument.
S.I. No. 367 of 2020	Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2020	The whole instrument.
S.I. No. 312 of 2021	Local Government (Remuneration of Local Authority Members) Regulations 2021	The whole instrument.
S.I. No. 313 of 2021	Local Government (Expenses of Local Authority Members) Regulations 2021	The whole instrument.
S.I. No. 344 of 2021	European Union Habitats (Ballyhoura Mountains Special Area of Conservation 002036) Regulations 2021	The whole instrument.
S.I. No. 425 of 2021	Affordable Housing Act 2021 (Cost Rental Designation) Regulations 2021	The whole instrument.
S.I. No. 701 of 2021	Housing Loans Regulations 2021	The whole instrument.
S.I. No. 755 of 2021	Affordable Housing Act 2021 (Cost Rental Letting and Eligibility) Regulations 2021	The whole instrument.
S.I. No. 756 of 2021	Affordable Housing Act 2021 (Cost Rental Rent Setting) Regulations 2021	The whole instrument.
S.I. No. 113 of 2022	European Union (Good Agricultural Practice for Protection of Waters) Regulations 2022	Regulations 17, 26, 27 and 30.
S.I. No. 519 of 2022	Housing (Domestic Lead Remediation Grant) Regulations 2022	The whole instrument.
S.I. No. 529 of 2022	Air Pollution Act 1987 (Solid Fuels) Regulations 2022	Regulations 12 and 13.
S.I. No. 561 of 2022	European Union Habitats (Barrigone Special Area of Conservation 000432) Regulations 2022	The whole instrument.
S.I. No. 21 of 2023	Affordable Housing (No. 2) Regulations 2023	The whole instrument.
S.I. No. 99 of 2023	European Union (Drinking Water) Regulations 2023	Regulations 13, 14, 15, 17, 22, 24, 25, 29 and 30.
S.I. No. 328 of 2023	European Union Habitats (Lower River Shannon Special Area of Conservation 002165) Regulations 2023	The whole instrument.
S.I. No. 347 of 2023	Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Regulations 2023	The whole instrument.
S.I. No. 404 of 2023	Local Government Act 2001 (Section 142) (Allowance for Maternity Related Administrative Support) Regulations 2023	The whole instrument.
S.I. No. 449 of 2023	Local Government Act 2001 (Section 142) (Security Allowance for Local Authority Members) Regulations 2023	The whole instrument.
S.I. No. 562 of 2023	Housing (Domestic Waste Water Treatment Systems Grant under the National Inspection Plan) Regulations 2023	The whole instrument.
S.I. No. 563 of 2023	Housing (Domestic Waste Water Treatment Systems Grant for Prioritised Areas for Action) Regulations 2023	The whole instrument.
S.I. No. 564 of 2023	Housing (Domestic Waste Water Treatment Systems Grant for High Status Objective Catchment Areas) Regulations 2023	The whole instrument.
S.I. No. 696 of 2023	Local Government Rates (Financial Procedures) Regulations 2023	The whole instrument.

SCHEDULE 2

PART 1 Election of Mayor

Chapter 1 Preliminary and General

Interpretation

“ballot paper” has the meaning assigned to it by paragraph 37;

“certificate of political affiliation” has the meaning assigned to it by paragraph 18;

“deposit” shall be construed in accordance with paragraph 19;

“deputy mayoral election agent” shall be construed in accordance with paragraph 30;

“elector” means a person entitled, in accordance with section 24 of the Principal Act, to vote at a local election;

“excluded day” means a day that is a Sunday, Good Friday or a day that is a public holiday (within the meaning of the Organisation of Working Time Act 1997);

“Limerick City and County Electoral Area” has the meaning assigned to it by paragraph 4;

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

“local electoral area” means an area referred to in section 23 of the Principal Act by reference to which a local election is held;

“local government elector” means a person entitled, pursuant to section 24 of the Principal Act, to vote at a local election;

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

“mayoral election” means an election held in accordance with this Part and includes a mayoral by-election held in accordance with this Part;

“mayoral election agent” has the meaning assigned to it by Part X of the Electoral Act 1997;

“notice of election” has the meaning assigned to it by paragraph 15;

“notice of poll” has the meaning assigned to it by paragraph 36;

“official mark” has the meaning assigned to it by paragraph 38;

“personation” shall be construed in accordance with paragraph 60;

“personation agent” has the meaning assigned to it by paragraph 31;

“polling day” means—

• (a) in relation to the mayoral election first held after the passing of this Act, the day fixed under subparagraph (1) of paragraph 6 for the holding of the poll at that election,

• (b) in relation to all other mayoral elections (other than mayoral by-elections), the day fixed under subparagraph (2) of paragraph 6, for the holding of the poll, and

• (c) in relation to a mayoral by-election, the day fixed under subparagraph (3) of paragraph 6;

“postal voter” has the meaning assigned to it by paragraph 34;

“postal voters list” means each list prepared in accordance with section 14 of the Act of 1992 of local government electors for a local electoral area situated in the Limerick City and County Electoral Area;

“quota” has the meaning assigned to it by paragraph 51;

“register of electors” has the meaning assigned to it by paragraph 5;

“register of political parties” means the Register of Political Parties prepared and maintained under section 42 of the Act of 2022;

“returning officer” has the meaning assigned to it by paragraph 9 and includes a deputy returning officer appointed under paragraph 11 in respect of functions for which he or she was so appointed;

“special voter” has the meaning assigned to it by paragraph 35;

“special voters list” has the same meaning as it has in section 2 of the Act of 1992.

• (2) The provisions of the Local Elections Regulations referred to in paragraphs 34, 35, 39 and 41 shall apply to a mayoral election subject to the following modifications and any other necessary modifications:

• (a) a reference in those Regulations to a local election or an election shall be construed as a reference to a mayoral election;

• (b) a reference in those Regulations to a local electoral area shall be construed as a reference to the Limerick City and County Electoral Area;

• (c) a reference in article 31 of those Regulations to Part XV shall be construed as a reference to Chapter 14;

• (d) a reference in article 32 of those Regulations to article 26 shall be construed as a reference to paragraphs 30 and 31;

• (e) a reference in article 40 of those Regulations to article 76 shall be construed as a reference to paragraph 44;

• (f) a reference in article 63 of those Regulations to—

• (i) article 10 shall be construed as a reference to paragraph 14,

• (ii) article 29 shall be construed as a reference to paragraph 34, and

• (iii) article 43 shall be construed as a reference to paragraph 35;

• (g) a reference in article 70 of those Regulations to—

• (i) article 24 shall be construed as a reference to paragraph 28,

• (ii) article 28 shall be construed as a reference to paragraph 33, and

• (iii) section 21 of the Act of 1994 shall be construed as a reference to paragraph 6;

• (h) article 72(2) of those Regulations shall be construed as if “separately in respect of each poll” was deleted;

• (i) the reference in article 73(2)(a) and article 73(3) of those Regulations to “register of local government electors for the local electoral area” shall be construed as a reference to “register of electors”;

• (j) a reference to a provision of those Regulations shall be construed as a reference to that provision as applied by this Part.

Forms

• (a) referred to in this Part or an enactment applied to a mayoral election in accordance with this Part, and

• (b) required to be used for the purposes of a mayoral election,

shall, save as otherwise provided for in this Part and subject to any necessary modifications, be in the same form as a document corresponding to the first mentioned document that is required for the purposes of an election to Dáil Éireann.

Eligibility for office of Mayor

• (a) on or before polling day at the election, or

• (b) if there is no poll, the latest day for receiving nominations at the election.

Limerick City and County Electoral Area

Right to vote at mayoral elections

• (2) A person’s name shall be taken to be on the register of electors if the name entered was, in the opinion of the returning officer or presiding officer, intended to be the person’s name.

• (3) A person who votes at a mayoral election shall not in any subsequent legal proceedings (civil or criminal) be required to state for whom he or she voted.

• (4) A person who—

• (a) is registered in the register of electors for a local electoral area but is not entitled to be so registered, or

• (b) is not registered in the register of electors,

shall not be entitled to vote at the poll at a mayoral election.

Day and time of mayoral election and mayoral by-election

• (b) The poll at a mayoral election first held after the passing of this Act shall be held—

• (i) on the day fixed under clause (a), or

• (ii) where an order is made in respect of that mayoral election under subparagraph (4), on the day fixed under that order,

and shall continue for such period (which shall not be less than 12 hours) between the hours of 7.00 a.m. and 10.30 p.m. on that day.

• (2)
• (a) As soon as practicable after the Minister makes an order under subsection (2) of section 26 of the Principal Act fixing a day and period for the holding of polls at local elections, he or she shall make an order fixing that day and period for the holding of a poll at a mayoral election.

• (b) Subject to subparagraph (4), the poll at a mayoral election (other than a mayoral election to which subparagraph (1) applies or a mayoral by election) shall be held—

• (i) on the day and for the period fixed under clause (a), or

• (ii) where an order is made in respect of the mayoral by-election under subparagraph (4), on the day and for the period fixed under that order.

• (3)
• (a) The Minister may fix a day for the holding of a poll at a mayoral by-election.

• (b) The poll at a mayoral by-election shall be held—

• (i) on the day fixed under clause (a), or

• (ii) where an order is made in respect of the mayoral by-election under subparagraph (4), on the day fixed under that order,

and shall continue for such period (which shall not be less than 12 hours) between the hours of 7.00 a.m. and 10.30 p.m. on that day.

• (4) Where the Minister is informed by the returning officer of a postponement under paragraph 28, he or she may—

• (a) in the case of a mayoral election to which subparagraph (1) applies or a mayoral by-election to which subparagraph (3) applies, make an order fixing a day for the holding of a poll at the mayoral election or mayoral by-election concerned other than the day fixed under subparagraph (1) or (3), as the case may be, and

• (b) in the case of a mayoral election to which subparagraph (2) applies, make an order fixing a day and period for the holding of a poll at the mayoral election concerned other than the day fixed under subparagraph (2).

• (5) An order under this paragraph shall be published in Iris Oifigiúil as soon as may be after it is made.

Advance polling

• (a) an advance poll at a mayoral election may be taken on the day before the day appointed by the Minister under paragraph 6, and

• (b) a poll referred to in clause (a) shall continue for such period, not being less than 12 hours, between the hours of 7.00 a.m. and 10.30 p.m.

• (2) An order under this paragraph shall be published in Iris Oifigiúil as soon as may be after it is made.

• (3) The returning officer for the mayoral election to which an order under subparagraph (1) applies shall give public notice of the day on which, and the hours during which, the advance poll provided for by that order shall be taken.

• (4) In this paragraph—