Local Government Act 2001

PART 1 Preliminary and General

1. Short title and collective citations.

1.—(1) This Act may be cited as the Local Government Act, 2001.

(2) This Act (other than sections 163, 164 and 211 and Parts 23 and 24) and the Acts referred to in Schedule 1 may be cited together as the Local Government Acts, 1925 to 2001, and shall be read together as one.

(3) Sections 81 and 245 and the Roads Acts, 1993 and 1998, may be cited together as the Roads Acts, 1993 to 2001, and shall be read together as one.

(4) Chapter 5 of Part 9 and the Local Government (Sanitary Services) Acts, 1878 to 1995, may be cited together as the Local Government (Sanitary Services) Acts, 1878 to 2001, and shall be read together as one.

(5) Parts 3, 4 and F1[…]section 243 and the Local Elections Acts, 1974 to 1999, may be cited together as the Local Elections Acts, 1974 to 2001, and shall be read together as one.

(6) Part 23 and the Temple Bar Area Renewal and Development Act, 1991, may be cited together as the Temple Bar Area Renewal and Development Acts, 1991 and 2001, and shall be read together as one.

(7) Sections 2, 5(3) and Schedule 4 (in so far as they relate to the Act of 2000), section 247 and the Act of 2000 may be cited together as the Planning and Development Acts, 2000 and 2001.

2. Interpretation generally.

2.—(1) In this Act, except where the context otherwise requires—

F2["2014 establishment day" means the day appointed by order undersection 8of the Local Government Reform Act 2014 to be the establishment day for the purposes of that Act;]

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

F3["Act of 2024" means thePlanning and Development Act 2024;]

F4["administrative area" means an area standing established under section 10 for the purposes of local government and which is—

(a) a county in the case of a county council,

(b) a city in the case of a city council,

(c) a city and county in the case of a city and county council;]

“annual meeting” means an annual meeting of a local authority as provided for in paragraph 3 of Schedule 10;

“annual report”, in the context of a local authority, means a report under section 221;

“casual vacancy” shall be read in accordance with section 19(1);

“Cathaoirleach” has the meaning given to it by section 31;

F2["chief executive" means a chief executive for the purposes ofsection 144;]

F5["city council" means a local authority to whichsection 11(2)(b)relates;]

F2["city and county council" means a local authority to whichsection 11(2)(c)relates;]

F6[…]

“committee” means a committee of a local authority established under Part 7;

“corporate plan” has the meaning given to it by section 134;

“corporate policy group” means a committee established under section 133(1);

F5["county council" means a local authority to whichsection 11(2) (a)relates;]

F6[…]

F7[…]

“direction” means a direction in writing given by—

(a) the Minister under this Act, or

(b) an appropriate Minister under Chapter 4 of Part 14;

“Director of Audit” means a person appointed under section 116;

“elected council” means the members of the local authority concerned and shall be read in accordance with section 11(5);

“election year” means a year in which a local election is held;

“enactment” includes a statutory instrument within the meaning given by section 3 of the Interpretation Act, 1937;

“establishment day” means the day appointed by the Minister by order under section 9 to be the establishment day for the purposes of this Act;

“excluded day” means a day which is a Saturday, Sunday or public holiday (within the meaning given by the Organisation of Working Time Act, 1997) or any other day on which the principal offices of the local authority concerned are closed;

“executive function” shall be read in accordance with section 149;

“functions” includes powers and duties and a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties;

“joint body” means—

(a) F6[…]

(b) a joint drainage board,

(c) a joint drainage committee,

(d) F6[…]

(e) a joint burial committee,

(f) a joint committee to which section 52(5) applies, or

(g) such other body as may be prescribed by regulations made by the Minister under section 144(7);

“joint committee” means a joint committee established under Part 7;

“land” has the meaning given to it by the Act of 2000;

“Leas-Chathaoirleach” has the meaning given to it by section 31;

F5["local authority" means—

(a) in relation to a municipal district, the county council or the city and county council in which the municipal district is situated, and

(b) in every other case—

(i) a county council,

(ii) a city council,

(iii) a city and county council;]

“local authority budget” means a budget adopted under section 103(7) and “budget”, in relation to a local authority, shall be read accordingly;

“local authority budget meeting” has the meaning given to it by section 103;

“local community” means persons ordinarily resident in the administrative area of the local authority concerned and, where relevant as regards a function of the authority, includes persons from outside that area who regularly use facilities of a social, economic, recreational, cultural or other nature provided by the authority;

“local consultative committee” has the meaning given to it by section 21 of the Housing (Traveller Accommodation) Act, 1998;

F2["local economic and community plan" means a plan to whichsections 66Ato66Hrelate;]

“local election” means an election under Part 4;

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

F8["local fund" has the meaning given to it bysection 97;]

F6[…]

“local government elector” means a person entitled to vote at a local election;

F6[…]

“meetings administrator” shall be read in accordance with section 46;

“member”, in relation to a local authority, includes a Cathaoirleach and Leas-Chathaoirleach;

“Minister” means the Minister for the Environment and Local Government;

F2["municipal district" shall be read in accordance withsection 22A;

"municipal district members" shall be read in accordance withsection 22B;]

“ordinary day of retirement” has the meaning given to it by section 17;

“public authority” means—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) a harbour authority within the meaning of the Harbours Act, 1946,

F9[(d) the Health Service Executive established undersection 6of the Health Act 2004]

(e) a board or other body (but not including a company under the Companies Acts, 1963 to 1999) established by or under statute,

(f) a company under the Companies Acts, 1963 to 1999, in which all the shares are held—

(i) by or on behalf of a Minister of the Government,

(ii) by directors appointed by a Minister of the Government, or

(iii) by a board, company or other body referred to in paragraph (e) or subparagraph (i) or (ii),

F10[(g) the Child and Family Agency established undersection 7of the Child and Family Agency Act 2013, and

(h) such other body as may be prescribed by regulations made by the Minister for the purposes of any provision of this Act.]

“public local inquiry” means an inquiry held under Part 20 and “inquiry” shall be read accordingly;

“public notice”, in the context of a local authority, means a notice published in at least one newspaper circulating in the local authority’s administrative area;

F5["rating authority" means—

(a) a county council,

(b) a city council, or

(c) a city and county council;]

“register of electors” has the meaning given to it by section 24(1);

F5["reserved function" shall be read in accordance withsections 131and131A;]

“standing orders”, in the context of a local authority, has the meaning given by paragraph 16(1) of Schedule 10;

“strategic policy committee” has the meaning given by section 48;

“structure” means any building, erection, structure (including a movable structure), excavation, or other thing constructed, erected, made or placed on, in or under any land, or any part of a structure so defined and, where the context so admits, includes the land on, in or under which the structure is situated;

F2["transfer date" has the meaning given insection 23of the Local Government Reform Act 2014.]

F11[…]

(2) In this Act a reference to the total number of members of a local authority shall be read as the number of members of the local authority concerned as determined by section 21.

(3) In this Act a reference to local government areas or to the administrative area of a local authority does not include an area added for local electoral purposes only under section 17 of the Local Government Act, 1994.

(4) In this Act a reference to a person being disqualified from election or co-option to a local authority shall be read as including a disqualification from nomination for election or co-option to a local authority.

(5) In this Act, except where the context otherwise requires, a reference to social inclusion or its promotion shall be read as including a reference to any policy, objective, measure or activity designed to counteract poverty or other social deprivation or to facilitate greater participation by marginalised groups in the social, economic and cultural life of the local community.

(6) In this Act, except where the context otherwise requires—

(a) a reference to a section, Chapter, Part or Schedule is a reference to a section, Chapter or Part of, or Schedule to, this Act, as the case may be, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph, subparagraph, clause or subclause is to the subsection, paragraph, subparagraph, clause or subclause of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(7) In this Act, a reference to any enactment shall be read as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment, including this Act.

3. Construction of enactments.

3.—(1) Every enactment (including any provision contained in a local, personal or private Act) and every order, regulation, rule, bye-law or other instrument or agreement in force immediately before the commencement of a provision of this Act shall, on and after the day of such commencement but subject to any regulations made under this section, be read and have effect with such modifications as may be necessary to give effect to this Act or an order or regulations under it and to have effect in conformity with it.

(2) A reference in any enactment other than this Act to an expression mentioned in the first column of Schedule 2 or to a similar or analogous expression shall, except where the context otherwise requires and subject to any regulations made under this section, be read as a reference to the appropriate expression of this Act as indicated in the second column of that Schedule opposite the expression in the first column.

(3)(a) The Minister, or any other Minister of the Government after consultation with the Minister, may, in respect of any enactment, instrument or agreement which relates to matters for which the relevant Minister has general responsibility, make regulations for the purposes of enabling subsection (1) to have full effect.

(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may, in respect of a provision of any other enactment, instrument or agreement which is related to or otherwise affected by any provision of this Act, provide for its adaptation, modification or cesser of operation in so far as this appears necessary or expedient to the Minister concerned for the purposes of securing that any such other provision shall have effect in conformity with this Act or with an order or regulations made under it.

(4) Regulations may not be made under this section after the expiration of 3 years from the establishment day.

4. Regulations, orders and directions.

4.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purposes of enabling any provision to have full effect.

(2) Without prejudice to any other provision of this Act, a regulation or order under this Act may provide for such incidental, consequential, supplementary or transitional provisions (including provisions for the purpose of securing the continuity of any provision of this Act with any provision of any other Act or instrument repealed, revoked, amended or otherwise affected by this Act or by any regulations or order made under it) as may appear to the Minister making the regulation or order to be appropriate for the purposes of this Act or any regulations or order made under it.

(3) A regulation or an order under this Act may—

(a) apply to local authorities generally, to any class or classes of local authorities specified in the regulations or the order or to a particular local authority so specified,

(b) contain different provisions in relation to different local authorities or to different parts of the administrative area of a local authority,

(c) provide for the giving of directions by the Minister (including directions amending or revoking any such directions).

(4)(a) Except where paragraph (c) applies, every order and regulation made by the Minister or any other Minister of the Government under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made.

(b) If after an order or regulation is laid under paragraph (a) a resolution annulling the order or regulation is passed by either House of the Oireachtas within the next 21 days on which the House has sat 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 under it.

(c) Paragraph (a) does not apply to an order or regulation which is required by this Act to be approved in draft by resolution of both Houses of the Oireachtas or to an order under section 199(8).

(5) Other than an order under section 7, the Minister may by order, amend or revoke any order under this Act including an order made under this subsection.

(6)(a) The Minister may by direction amend or revoke a direction given by him or her under this Act (including a direction under this subsection).

(b) A person to whom a direction is given under this Act shall comply with that direction.

(7) This section does not apply to a provisional order under section 72(1).

5. Repeals, revocation and amendment of enactments.

5.—(1) Each Act specified in the first and second columns of Part 1 of Schedule 3 is repealed to the extent specified in the third column of that Part opposite the references in the first and second columns.

(2) Each order specified in the first and second columns of Part 2 of Schedule 3 is revoked to the extent specified in the third column of that Part opposite the references in the first and second columns.

(3) Each Act specified in the first and second columns of Schedule 4 is amended in the manner stated in the third column of that Schedule opposite the references in the first and second columns.

6. Savers.

6.—The repeal or revocation by this Act of a provision of any enactment which is applied by a provision of any other enactment not so repealed or revoked, shall not affect such application and accordingly the first-mentioned provision continues to apply and have effect for the purposes of such application.

7. Commencement.

7.—This Act (except Part 2, section 9 of which provides for an establishment day order in respect of that Part, F13[and exceptsection 161, the coming into operation of which is provided for in that section]) shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefor either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions and for the repeal, revocation and amendment effected by section 5 of different enactments or of different provisions of those enactments.

8. Expenses.

8.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2 Local Government Areas and Local Authorities

9. Establishment day.

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

10. Local government areas.

F14[10.—(1) The State has local government areas in accordance with this section.

(2) The State stands divided into local government areas to be known as—

(a) counties,

(b) cities, and

(c) cities and counties,

(each of which shall be known as a county, a city or a city and county as provided for and set out in columns 1 ofParts 1,2and3, respectively, ofSchedule 5.

(3)(a) Subject tosection 10of the Local Government Reform Act 2014F15[andsection 8of the Local Government Act 2019], the boundaries of a county referred to insubsection (2)are the boundaries of the corresponding county as existing immediately before 1 January 2002.

(b) Subject tosection 10of the Local Government Reform Act 2014F15[andsection 8of the Local Government Act 2019], the boundaries of a city referred to insubsection (2)are the boundaries of the corresponding county borough as existing immediately before 1 January 2002.

(4) For the purposes of this section and subject tosection 11(2) of the Local Government Reform Act 2014, all maps showing such boundaries prepared by the Chief Boundary Surveyor under the Survey (Ireland) Acts 1825 to 1870, or by the Commissioner of Valuation or otherwise in accordance with law continue to have all such force and effect as they had immediately before 1 January 2002.

(5) This section is without prejudice to—

(a)section 227,

F15[(aa) Part 2 of the Local Government Act 2019]

(b) Part V of theLocal Government Act 1991, and

(c) Part 2 of the Local Government Reform Act 2014.

(6) This section is without prejudice to—

(a) the continued use of the description city in relation to Kilkenny, to the extent that that description was used before 1 January 2002 and is not otherwise inconsistent with this Act,

(b) the continued use of the description city in relation to Limerick and to Waterford, to the extent that each of those descriptions was used before the 2014 establishment day and is not otherwise inconsistent with this Act.]

11. Establishment, titles and administrative areas of local authorities and consequential provisions.

11.—F16[(1) On and from the 2014 establishment day and for the purposes of local government, the areas referred to insubsection (2)ofsection 10(as amended bysection 12(1) of the Local Government Reform Act 2014) shall each have a local authority as provided for in this section.

(2) With effect from the 2014 establishment day—

(a) for each county set out inPart 1ofSchedule 5(as amended bysection 12(2) of the Local Government Reform Act 2014)—

(i) in the case of Tipperary, there stands established, under this section, and

(ii) in every other case there continues to stand established under this section,

a body for the purposes of local government,

(b) for each city set out in Part 2 of Schedule 5 (as so amended) there continues to stand established under this section a body for the purposes of local government, and

(c) for each city and county set out in Part 3 of Schedule 5 (as so amended) there stands established undersection 13(1) of the Local Government Reform Act 2014 a body for the purposes of local government,

and each such body is a local authority and each such county, city, or city and county, as the case may be, is its administrative area.

(3) The local authorities referred to insubsection (2)are the primary units of local government and shall be known by—

(a) in the case of a county set out inPart 1ofSchedule 5—

(i) in the Irish language, the name of the local authority concerned as set out in column 2 ofChapter 1of that Part opposite the mention in column 1 of that county,

(ii) in the English language, the name of the local authority concerned as set out in column 2 ofChapter 2of that Part opposite the mention in column 1 of that county,

(b) in the case of a city set out inPart 2ofSchedule 5—

(i) in the Irish language, the name of the local authority concerned as set out in column 2 ofChapter 1of that Part opposite the mention in column 1 of that city,

(ii) in the English language, the name of the local authority concerned as set out in column 2 ofChapter 2of that Part opposite the mention in column 1 of that city,

and

(c) in the case of a city and county set out inPart 3ofSchedule 5—

(i) in the Irish language, the name of the local authority concerned as set out in column 2 ofChapter 1of that Part opposite the mention in column 1 of that city and county,

(ii) in the English language, the name of the local authority concerned as set out in column 2 ofChapter 2of that Part opposite the mention in column 1 of that city and county.]

(4) F17[…]

(5) F16[(a) In respect of a local authority to whichsubsection (3)relates, each member (being directly elected or co-opted in accordance with this Act) shall be known as a councillor and, without prejudice tosections 22Band22C, collectively shall comprise the elected council of the local authority.]

(b) Each local authority shall have a Cathaoirleach and Leas-Chathaoirleach elected in accordance with Part 5.

F16[(6) For the purposes of functions conferred on it by or under this or any other enactment—

(a) a county council has jurisdiction throughout its administrative area,

(b) a city council has jurisdiction throughout its administrative area,

(c) a city and county council has jurisdiction throughout its administrative area.]

(7) A local authority to which F16[subsection (3)] relates shall—

(a) continue to be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold, manage, maintain and dispose of land or any interest in land,

(b) have a seal which shall be judicially noticed and every document claiming to be an instrument made by it and to be sealed with its seal (claiming to be authenticated in accordance with subsection (8)) shall be received in evidence and be deemed to be that instrument without further proof unless the contrary is shown.

(8) The seal referred to in subsection (7)(b) shall be authenticated by the signature of the Cathaoirleach or of an employee of the authority nominated in writing for that purpose by the F18[chief executive] following consultation with the Cathaoirleach.

(9) Any seal used immediately before the establishment day by a local authority to which this section relates continues to have all such force and effect as it had immediately before that day.

(10) Notwithstanding subsection (9), at any time after the establishment day a local authority to which this section relates may provide itself with a new seal which shall be judicially noticed and subsection (7) regarding the evidential value of the seal applies also to such seal.

(11) Notwithstanding the repeal of enactments relating to its establishment and constitution, F16[a county council or county borough corporation in being immediately before the establishment day], continue in being but subject to the provisions of this Act applying and having effect.

F19[(11A) In respect of a dissolved authority, within the meaning of the Local Government Reform Act 2014, and with effect from the commencement of the provision under that Act for such dissolution of the authority,subsection (11)ceases to have effect in respect of that authority.]

(12) Subsection (11) applies and has effect in relation to the continuation in being of the bodies mentioned in that subsection notwithstanding any change brought about by this Act in the corporate name of any such body or in its corporate status or constitution and the functions vested by any enactment in such body shall, subject to the provisions of this Act, continue to stand so vested.

(13) A reference in any other enactment or other document to a local authority (being a local authority which continues to stand established) by its name applying before it was changed under this Act shall be read as a reference to that body as renamed.

(14) All acts done and decisions made before the establishment day by a local authority (which continues to stand established under this section), whether by resolution, F18[chief executive’s order] or otherwise, shall subject to this Act continue to have all such force and effect as they had immediately before that day.

(15) (a) The land and other property and all rights related thereto which was, before the establishment day, vested in or held by a local authority which continues to stand established under this section continues, subject to the provisions of this Act, to be so vested or held by that authority for the same estate, right, title or interest and may be disposed of in accordance with Part 16.

(b) Paragraph (a) is without prejudice to the generality of subsection (14).

(16) Subject to this Act, royal charters and letters patent relating to local authorities shall continue to apply for ceremonial and related purposes in accordance with local civic tradition but shall otherwise cease to have effect.

F19[(16A) Notwithstanding the dissolution of certain local authorities by Part 2 of the Local Government Reform Act 2014 with effect from the 2014 establishment day or the dissolution of town councils by Chapter 2 of Part 3 of that Act with effect from the transfer date,subsection (16)continues to apply to any city or town concerned.]

(17)(a) This section is without prejudice to section 73 F16[orPart 21].

(b) Subsection (6) is without prejudice to Part 10.

PART 3 Local Authority Membership

12. Eligibility for local authority membership.

12.—Subject to section 14 and to the disqualifications set out in F20[sections 13 and 13A] and to the provisions of section 19 relating to co-option, a person is eligible for election or co-option to, and membership of, a local authority, if he or she is a citizen of Ireland or is ordinarily resident in the State and has or will attain the age of 18 years—

(a) on or before polling day at a local election, or

(b) if there is no poll, the latest day for receiving nominations at the election, or on or before the day of co-option to a local authority.

13. Disqualifications from local authority membership.

13.—(1) Subject to subsection (2), a person is disqualified from being elected or co-opted to, or from being a member of a local authority if he or she—

(a) is a member of the Commission of the European Community, or

(b) is a representative in the European Parliament, or

(c) is a Judge, Advocate General or Registrar of the Court of Justice of the European Community, or

(d) is a member of the Court of Auditors of the European Community, or

(e) is a Minister of the Government or a Minister of State or the chairman of Dáil Éireann (An Ceann Comhairle), or the chairman of Seanad Éireann, or

(f) is appointed under the Constitution as a Judge or as the Comptroller and Auditor General, or

(g) is a member of the Garda Síochána or a wholetime member of the Defence Forces as defined in section 11(4)(b) of the Electoral Act, 1992, or

(h) is a civil servant who is not by terms of employment expressly permitted to be a member of a local authority, or

F21[(i) is a person employed by a local authority, the Health Service Executive or the Child and Family Agency and is not the holder of a class, description or grade of employment designated by order undersection 161(1)(b)or deemed to have been made under that section, or]

F22[(ii) is a person employed by the Health Service Executive and is at a grade or of a description of employment designated by order of the Minister for Health and Children, or]

(j) is undergoing a sentence of imprisonment for any term exceeding 6 months imposed by a court of competent jurisdiction in the State, or

(k) fails to pay any sum or any portion of any sum charged or surcharged, by an auditor of the accounts of any local authority, upon or against that person, or

(l) fails to comply with a final judgement, order or decree of a court of competent jurisdiction, for payment of money due to any local authority, or

(m) is convicted of, or has had a conviction confirmed on appeal for, an offence relating to any of the following:

(i) fraudulent or dishonest dealings affecting a local authority;

(ii) corrupt practice;

(iii) acting when disqualified.

F23[(1A) Subject tosubsection (2), a person to whomsubsection (1)applies, other than a person referred to inparagraph (b)or(e)of that subsection, is disqualified from being elected to the office of Mayor of Limerick.

(1B) Subject tosubsection (2), a person to whomsubsection (1)applies is disqualified from holding the office of Mayor of Limerick.]

(2)(a) A disqualification arising under F24[subsection (1),(1A)or(1B)in respect of a person to whomsubsection (1)(k)applies] commences—

(i) where no appeal is taken, on the expiration of the time limit for an appeal, or

(ii) where an appeal is taken to the Minister or the High Court, on the expiration of one month from the date of an order confirming the charge or surcharge,

and the disqualification shall be for 5 years from the date of its commencement.

(b) A disqualification arising under F24[subsection (1),(1A)or(1B)in respect of a person to whomsubsection (1)(l)applies] comes into effect on the seventh day after the last day for compliance with the relevant final judgement, order or decree and the disqualification shall be for 5 years from such last day.

(c) A disqualification arising under F24[subsection (1),(1A)or(1B)in respect of a person to whomsubsection (1)(m)applies] 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, one month 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.

(3) Nothing in this section operates to prejudice any disqualification referred to in section 182 or in section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999, or in any other enactment.

13A. F25[Application of disqualification to members of Dáil Éireann and Seanad Éireann.

13A.—(1) A person who is a member of either House of the Oireachtas is disqualified from being elected or co-opted to, or from being a member of, a local authority.

F26[(1A) A person to whomsubsection (1)applies is not disqualified from being elected to the office of Mayor of Limerick, but is disqualified from holding that office.]

(2) In respect of local elections to be held in the year 2004 and thereafter,section 13(1)shall be read as if the following were substituted forparagraph (e):

"(e) is a member of DáilÉireann or SeanadÉireann, or".]

14. Prohibition on multiple membership of local authorities.

F27[14.—A person shall not hold membership simultaneously of more than one local authority.]

15. Offence to act when disqualified.

15.—(1) A person is guilty of an offence if he or she knowingly acts as a member of a local authority when disqualified, or knowingly votes when prohibited by or under any enactment.

F28[(1A)Subsection (1)applies to a member of a local authority in performing functions as a municipal district member in the same manner as it applies to a member of a local authority in performing functions as a member of a local authority or a member of the council of a local authority.]

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding £1,500 for each such offence.

(3) An offence under this section may be prosecuted by a local government elector or a local authority.

(4) This section is without prejudice to any other disqualification or penalty arising out of the actions of the person concerned.

16. Cesser of membership.

16.—(1) A person ceases to be a member of a local authority and a casual vacancy arises in its membership immediately upon he or she becoming disqualified from membership of a local authority under F29[sections 13, 13A] or 182, or under section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999 F30[, or upon an order under subsection (4)(b) ofsection 17of 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) When a person ceases to be a member of a local authority under this section he or she also ceases to be a member of any body to which he or she—

(a) was elected, nominated or appointed by a local authority, or

(b) is a member by virtue of being a member of a local authority.

(3) Nothing in subsection (1) or (2) shall be read so as to affect the validity of anything previously done by the person while a member of the local authority or of the body concerned.

(4) A person to whom a disqualification referred to in subsection (1) applies is so disqualified from being or becoming a member of any committee, joint committee or joint body.

17. Term of office.

17.—(1) In this section—

“incoming members” has the meaning given in subsection (3)(b);

“ordinary day of retirement”, in relation to the outgoing members of a local authority, means the seventh day—

(a) after the polling day at the election of the incoming members of the local authority, or

(b) where the poll for any local electoral area of the local authority or for any polling station at the election of incoming members of the local authority is for any reason countermanded, interrupted or adjourned, after the day on which the poll is completed or the fresh poll is held.

(2) Subject to this Act, the members of a local authority hold office until the next ordinary day of retirement and retire together on that day as provided for by this section.

(3) On the ordinary day of retirement—

(a) each of the outgoing members of the local authority retires, and

(b) each person elected at the election comes into office as a member of the local authority (in this section collectively referred to as the “incoming members”).

(4) The term of office of a member of a local authority continues until the next ordinary day of retirement of members of the local authority, unless such member sooner dies, resigns, becomes disqualified, is removed from office or otherwise ceases to be a member of the local authority.

18. Resignation from membership.

18.—(1) A member of a local authority may resign from membership by notice in writing signed by him or her and delivered to the principal offices of the local authority.

(2) A person ceases to be a member of the local authority—

(a) on the date specified in the notice as the resignation date, or

(b) where no date is specified, on receipt of the notice,

and accordingly a casual vacancy occurs in the membership of the local authority.

(3) A person who resigns from membership of a local authority under this section also ceases on such resignation to be a member of any body—

(a) to which he or she was elected, nominated or appointed by the local authority, or

(b) of which he or she is a member by virtue of being a member of the local authority.

(4) (a) F31[Subject to subsection(4A), a person] shall be deemed to have resigned from membership of a local authority where the person is absent from attendance at any meeting of the authority for a continuous period of 6 consecutive months (“the relevant period”) from the date (“the relevant date”) of his or her last attendance at a meeting of the authority.

(b) paragraph (a) does not apply where the absence was—

(i) due to illness, or

(ii) in good faith for another reason,

and which, in either case, is accepted by the local authority and approved by resolution under this paragraph before the end of the relevant period, in which case the period shall stand extended to 12 months from the relevant date.

(c) Where a resolution is passed under paragraph (b) and the continuous period of absence continues uninterrupted—

(i) due to illness, or

(ii) in good faith for another reason,

and, in either case, is accepted by the local authority and approved by resolution under this paragraph before the expiry of the relevant period as extended under paragraph (b), then the period shall stand extended to 18 months from the relevant date.

(d) A casual vacancy under this subsection occurs on the next day after—

(i) in the case of paragraph (a), the end of the relevant period,

(ii) in the case of paragraph (b), the end of the relevant period as extended under that paragraph, or

(iii) in the case of paragraph (c), the end of the relevant period as extended to 18 months under that paragraph.

F32[(4A) An absence referred to in subsection(4)(a)does not include an absence occasioned by a member of a local authority taking leave in accordance with the Maternity Protection Act 1994.]

F33[(5) In relation to a local authority, attendance as a member at a meeting of—

(a) any committee or joint committee or joint body of the authority, or

(b) the municipal district members,

shall be deemed for the purposes ofsubsection (4)to be attendance at a meeting of the authority.]

19. Casual vacancies.

19.—(1) A casual vacancy in the membership of a local authority occurs—

(a) where section 16(1) applies,

F34[(aa) upon the cessation of membership of a member of a local authority under subsection (1) of section 11 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024,

(ab) in the case of a person who, at the same time, is elected to the office of Mayor of Limerick and as a member of a local authority, on the ordinary day of retirement next following the election concerned,]

(b) upon the death or resignation (including deemed resignation by virtue of section 18(4)) of a member of a local authority,

F35[(c)in such circumstances as are set out in articles 25, 28, 124 and 125 of the Local Elections Regulations 1995 (S.I. No. 297 of 1995),]

(d) in such circumstances as may be prescribed by regulations made by the Minister under section 27, or

(e) in such circumstances as are referred to in section 15(1) of the Local Elections (Petitions and Disqualifications) Act, 1974.

(2) It is the duty of the meetings administrator to notify the members of the local authority in writing on becoming aware that a casual vacancy has or may have occurred.

(3) (a) A casual vacancy shall be filled by the co-option by the local authority of F36[a person (other than the Mayor of Limerick)] to fill the vacancy and except where paragraph (c) or (d) or (e) of subsection (1) apply, subject to such person being nominated by the same registered political party who nominated for election or co-option the member who caused the casual vacancy.

(b) Where the person causing the casual vacancy was a non-party candidate at his or her election to the local authority, the vacancy shall be filled by the co-option by the local authority of F36[a person (other than the Mayor of Limerick)] to fill the vacancy (except where paragraph (c) or (d) or (e) of subsection (1) apply) in accordance with such requirements and procedures as may be set out in its standing orders.

(c) A local authority shall in making standing orders consider the inclusion of provisions for the purposes of paragraph (b).

(4) (a) A co-option shall be made, after due notice, at the next meeting of the local authority after the expiration of 14 days from the occurrence of the vacancy or as soon after the expiration of the 14 days as circumstances permit.

(b) In this subsection “due notice” means not less than 3 clear days’ notice given in writing to every member of the local authority.

(5) A person is not to be proposed at a meeting of the local authority for co-option without his or her prior written consent.

(6) A person co-opted to fill a casual vacancy shall be a member of the local authority until the next ordinary day of retirement of members of that local authority unless he or she sooner ceases to be a member.

19A. F37[Temporary absences

19A.—(1) Subject tosubsection (9), a temporary absence in the membership of a local authority occurs where—

(a) either the absence (including a proposed absence) of a member of a local authority—

(i) is not a casual vacancy and is—

(I) due to illness, or

(II) in good faith for another reason,

and which, in either case, is accepted by the local authority and approved by resolution under this paragraph, or

(ii) is occasioned by the member taking leave in accordance with the Maternity Protection Act 1994 ,

and

(b) such member notifies the meetings administrator that he or she wishes to have a temporary substituteF38[to perform the member’s functions during the absence].

(2) It is the duty of the meetings administrator to notify the members of the local authority in writing on becoming aware that a temporary absence has occurred and that a temporary substitute is to be co-opted.

(3) (a) (i) Subject tosubparagraph (ii), a temporary absence shall be filled by the co-option by the local authority ofF39[a person (other than the Mayor of Limerick)]to fill the absence subject to such person being nominated by the same registered political party who nominated for election or co‑option the member who caused the temporary absence.

(ii) The local authority shall have regard to the preferred choice (if any) of the member causing the temporary absence as to the person who should be the temporary substitute.

(b) (i) Subject tosubparagraph (ii), where the member causing the temporary absence was a non-party candidate at his or her election to the local authority, the absence shall be filled by the co-option by the local authority ofF39[a person (other than the Mayor of Limerick)]to fill the absence in accordance with such requirements and procedures as may be set out in its standing orders.

(ii) The local authority shall have regard to the preferred choice (if any) of the member causing the temporary absence as to the person who should be the temporary substitute.

(c) A local authority shall in making standing orders consider the inclusion of provisions for the purposes ofparagraph (b).

(4) (a) A co-option shall be made, after due notice, at the next meeting of the local authority after the expiration of 14 days from the occurrence of the temporary absence or as soon after the expiration of the 14 days as circumstances permit.

(b) In this subsection, "due notice" means not less than 3 clear days’ notice given in writing to every member of the local authority.

(5) A person is not to be proposed at a meeting of the local authority for co-option without his or her prior written consent.

(6) Subject tosubsection (7), a person co-opted to fill a temporary absence shall be a member of the local authority until—

(a) the member causing the temporary absence returns to office, or

(b) the term of office of the member causing the temporary absence expires,

whichever first occurs, unless the temporary substitute, for whatever reason, sooner ceases to be a member.

(7) Where the member causing the temporary absence ceases to be a member of the local authority by virtue of the operation ofsection 19, thereby causing a casual vacancy to occur, his or her temporary substitute (if any) shall cease to be a member of the local authority in his or her capacity as such substitute immediately upon the occurrence of such casual vacancy.

(8) Where—

(a) the temporary substitute (including any successor temporary substitute arising from the operation of this subsection) of the member causing the temporary absence which gave rise to the temporary substitute ceases to be a member of the local authority by virtue of the operation ofsection 19, thereby causing a casual vacancy to occur, and

(b) such member causing the temporary absence continues to be a member of the local authority,

the casual vacancy referred to inparagraph (a)shall not be filled in accordance withsection 19but in accordance with this section as if the casual vacancy were a temporary absence of the member referred to inparagraph (b), and the other provisions of this section shall, with all necessary modifications, be construed accordingly.

(9) A member of a local authority who is a temporary substitute may not, in his or her capacity as such substitute, have a temporary substitute notwithstanding that he or she falls withinparagraph (a)ofsubsection (1).

F38[(9A) The member causing the temporary absence shall not perform any functions as a member unless and until he or she returns to office.]

(10) In this section, "temporary substitute", in relation to a member of a local authority causing a temporary absence, means the person (if any) co-opted undersubsection (3)(a)or(b)to fill the absence.]

20. Savers (Part 3).

20.—F40[(1) The acts, decisions and proceedings of a local authority or of the municipal district members shall not be invalidated only because of a vacancy or vacancies in its membership or of the disqualification or want of qualification of any of its members.]

(2) Subsection (1) is without prejudice to the requirements of paragraph 11 of Schedule 10 in respect of the quorum for a meeting of a local authority.

(3) Any person who immediately before the establishment day is a member of a local authority shall, on and from such day, continue as such member subject to and in accordance with this Act.

(4) A person to whom subsection (3) applies and who is an alderman shall continue to bear that title until the next ordinary day of retirement after the commencement of this provision, or until his or her otherwise ceasing to be a member of the local authority, whichever is the earlier.

21. Number of members of local authorities, etc.

F41[21.—(1) Subject tosection 22, each county council, city council and city and county council consists of the number of members specified inParts 1,2and3, respectively, ofSchedule 7opposite the reference to the county council, city council or city and county council concerned.

(2) Without prejudice toparagraph 11ofSchedule 10, where a provision of this Act provides that at least a specified proportion of the total number of members of a local authority or of the municipal district members is necessary in relation to the doing of any particular act, then in a case where such proportion consists of a whole number and a remainder, the whole number shall of itself be sufficient.]

22. Alteration of number of members of local authority.

22.—(1) F42[(a) A county council, a city council or a city and county council may by resolution adopt a proposal (in this section referred to as a "proposal") for the alteration of the number of members of that council.]

(b) A proposal under paragraph (a) and a public notice under paragraph (d) shall specify the current number of members of the authority and the number by which it is proposed to be altered and whether by way of increase or decrease.

(c) It is necessary for the adoption of a proposal under paragraph (a) that at least one-half of the total number of members of the authority vote in favour of the resolution.

(d) Before adopting a proposal the local authority shall invite submissions on it from the public by way of a public notice and the authority shall consider any submissions received.

(e) Following the adoption of a resolution under this subsection a local authority may make application to the Minister for an alteration in the number of members.

(2) Where an application has been duly made to the Minister under subsection (1), the Minister may by order alter the number of members of the F42[county council, city council or city and county council] concerned, whether or not to the extent proposed.

F42[(3) Before deciding whether to make an order undersubsection (2), the Minister shall request a committee in accordance withsection 32of theLocal Government Act 1991to prepare a report with respect to the application and Part V of that Act applies to such a request and report.]

(4) An order under subsection (2) shall not apply to any local elections which occur within 6 months of the making of the order but shall apply to any subsequent local elections.

(5) F43[…]

F42[(6) An application under this section shall not be made to the Minister within 5 years of—

(a) the commencement ofsection 15of the Local Government Reform Act 2014 (which inserts a new Schedule 7 to this Act), or

(b) the decision by the Minister on any previous application by the local authority concerned,

whichever is the later.]

PART 3A Municipal Districts

22A. Municipal districts

22A.—(1) Subject tosubsection (4), every county and city and county set out inPart 1andPart 3, respectively, ofSchedule 5shall have 2 or more districts (each consisting of one or more than one local electoral area) to be known as a municipal district and collectively as municipal districts, as the Minister shall determine by order made undersection 23(1)(c).

(2) Where—

(a) a municipal district contains the administrative area of the former Limerick City Council or the former Waterford City Council that were dissolved with effect from the 2014 establishment day, then, notwithstanding subsection (1), each of those municipal districts so containing shall be known—

(i) in the Irish language, as "Ceantar Cathrach..............…" followed by the name of the municipal district in Irish, and

(ii) in the English language, as "the Metropolitan District of..............…" followed by the name of the municipal district in English,

and those municipal districts may each be referred to as a "metropolitan district",

(b) a municipal district contains the administrative area of the former borough of Clonmel, the former borough of Drogheda, the former borough of Sligo or the former borough of Wexford that were dissolved with effect from the transfer date, then, notwithstandingsubsection (1), each of those municipal districts so containing shall be known—

(i) in the Irish language, as "Ceantar Buirge..............…" followed by the name of the municipal district in Irish, and

(ii) in the English language, as "the Borough District of..............…" followed by the name of the municipal district in English,

and any such municipal district may be referred to as a "borough district", and

(c) a municipal district contains the administrative area of the former borough of Kilkenny, that was dissolved with effect from the transfer date, then, notwithstandingsubsection (1), the municipal district so containing shall be known—

(i) in the Irish language, as "Ceantar Bardasach Chathair Chill Chainnigh", and

(ii) in the English language, as "the Municipal District of Kilkenny City".

(3) In the case of a municipal district in respect of which a designation referred to in subsection (2) does not apply, the municipal district shall be known—

(a) in the Irish language, as "Ceantar Bardasach..............…" followed by the name of the municipal district in Irish, and

(b) in the English language, as "the Municipal District of..............…" followed by the name of the municipal district in English.

(4)Subsection (1)does not apply in the case of the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin.

(5) This section has effect in respect of the local elections for the year 2014 and subsequent local elections and, accordingly—

(a) a municipal district shall continue in existence until it ceases by order under section 23(1)(c), and

(b) its area shall continue to be that as determined by the order undersection 23(1)(c), subject to any subsequent provision relating to its area being made by such an order.]

22B. F45[Members for municipal districts

22B.—The members of a county council or city and county council, elected in accordance with this Act for the local electoral areas situated in a municipal district of the county or the city and county concerned (as the case may be), collectively comprise the council membership for that municipal district for the purpose of the performance in that collective capacity of functions of the county council or city and county council in accordance withsection 131Aand, in respect of each municipal district, collectively shall be known as the municipal district members.]

22C. F46[Cathaoirleach of municipal district

22C.—In the case of each municipal district, the municipal district members shall elect a Cathaoirleach and Leas-Chathaoirleach in accordance withPart 5.]

PART 4 Local Elections

23. Local electoral areas.

23.—F47[(1) Subject to and without prejudice to Part V of theLocal Government Act 1991(as amended by theLocal Government Act 1994), the Minister may by order—

(a) divide each county, city or city and county referred to insection 10(2)into local electoral areas,

(b) fix the number of members to be elected for each local electoral area, and

(c) determine the municipal districts within a county or a city and county for the purposes ofsection 22A, each of which shall consist of one or more than one local electoral area.

(1A)Subsection (1)(c)does not apply in respect of the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin.]

(2) The number of members of a local authority to which an order under this section relates to be elected at an election of members of the local authority held after the making of the order for each local electoral area specified in the order shall, without prejudice to any subsequent order, be the number fixed by the order for the local electoral area.

F48[(3) Where, on the commencement of this provision, an order is in force dividing a local government area referred to insection 10(2)into local electoral areas or fixing the number of members for each local electoral area, the order shall continue in force in relation to that area and be deemed to be an order under this section and may be amended or revoked accordingly.]

(4) In respect of F48[any local electoral area in a local government area referred to insection 10(2)], the Minister may by order—

(a) amend, modify, or revoke any division made by an order under this section, including an order under this subsection or an order deemed by subsection (3) to be an order under this section, or

(b) alter the number of members of the local authority to be elected for a local electoral area by virtue of an order under this section, including an order under this subsection or an order deemed by subsection (3) to be an order under this section.

(5) An order under this section shall first have effect for the purpose of the election of members of the local authority held next after the order is made.

(6) F49[…]

(7) F49[…]

(8) F49[…]

24. Right to vote at local elections.

24.—(1) For the purposes of this section and subject to this Part and regulations made under it, every person whose name is on the register of local government electors prepared under Part II of the Electoral Act, 1992, for the time being in force for a local electoral area (in this Act referred to as the “register of electors”) is entitled to vote at the poll at a local election in that area.

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

(3) A person who has voted at a local election shall not in any legal proceeding be required to state for whom he or she has voted.

(4) A person who—

(a) is registered in the register of electors for the time being in force 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 vote at the poll at a local election in that area.

(5) Nothing in this section shall be read so as to entitle any person to vote who is not entitled to do so, or as relieving that person from any penalties to which that person may be liable to, for voting.

25. Prohibition of plural voting.

25.—(1) A person shall not vote or apply for a ballot paper—

(a) more than once at an election of the members of a local authority otherwise than under Article 64 of the Local Elections Regulations, 1995,

(b) F50[…]

F51[(c) at an election of the members of more than one local authority held at the same local elections, or]

(d) F50[…]

(e) F52[…]

(2) F52[…]

(3)(a) A person who contravenes subsection (1) is guilty of an offence and is liable 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) A person who aids, abets, counsels or procures the commission of an offence under subsection (1) is guilty of an offence and is liable:

(i) 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, or

(ii) 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.

26. Year of elections to all local authorities.

26.—(1)(a) An election of members of every local authority shall be held in the year 2004 and in every fifth year thereafter.

(b) Nothing in this subsection affects Part 21 of this Act or any order made under that Part.

(2) The poll at local elections shall be held on such day in the month of May or June and shall continue for such period, not being less than 12 hours, between the hours of 7.00 a.m. and 10.30 p.m., as may be fixed by the Minister by order.

F53[(2A) Notwithstandingsubsection (2), where the Minister is of the opinion that due to local circumstances concerning an island, and taking account of advice from the returning officer (within the meaning of the Local Elections Regulations 1995) for the election in the local electoral area in which the island is situated, it would be unnecessary or impracticable for the poll to continue on the island for the period fixed by the Minister by order undersubsection (2), the Minister may by order, not later than the seventh day before polling day, shorten the period of the poll on the island.

(2B) A poll the subject of an order undersubsection (2A)shall continue on the island for not less than 4 hours.

(2C) Insubsection (2A), "local circumstances" includes:

(a) the number of local government electors on the island;

(b) the distance between a polling station on the island and the place appointed for the counting of votes under article 74(2) of the Local Elections Regulations 1995;

(c) advance forecasts of stress of weather;

(d) foreseen transport difficulties.]

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

26A. F54[Advance polling

26A.—(1) Notwithstandingsection 26, 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 An Coimisiún Toghcháin, make an order providing that, in addition to the poll provided for undersection 26—

(a) in one or more local authorities, an advance poll may be taken on the day before the day appointed by the Minister undersection 26, and

(b) a poll referred to inparagraph (a)shall continue for such period, not being less than twelve 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) 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.]

27. Conduct of elections.

27.—(1)(a) Local elections shall be held in accordance with regulations made by the Minister under this section.

(b) If an election is contested, the poll shall be taken according to the system of proportional representation, each local government elector having one transferable vote.

(c) In this subsection “transferable vote” has the meaning given to it by section 37 of the Electoral Act, 1992.

(2) Without prejudice to the generality of subsection (1), regulations under this section may in particular include provision for all or any of the following matters in relation to local elections:

(a) nominations;

(b) deposits by candidates;

(c) deaths of candidates;

(d) duties of returning officers;

(e) staff of returning officers;

(f) taking of polls and counting of votes;

(g) use, free of charge, of schools and public rooms;

(h) arrangements for postal voting;

(i) arrangements for special voting;

(j) voting by persons in the employment of returning officers;

(k) voting by physically ill or physically disabled local government electors;

(l) polling on islands;

(m) issue of polling information cards;

(n) maintenance of secrecy of voting;

(o) removal of persons misconducting themselves in polling stations;

(p) procedure in cases of disorder or obstruction;

(q) interference with ballot boxes or ballot papers;

F55[(r) election of the same person in more than one local electoral area or to more than one local authority;]

(s) casual vacancies that occur in the circumstances specified in paragraph (r), or occuring in other specified circumstances related to local elections;

(t) the manner in which the costs of local elections are to be paid by local authorities;

(u) provisions corresponding to sections 60, 105, 134 to 154, 156 to 160 and 163 of the Electoral Act, 1992, with such modifications as appear to the Minister to be appropriate.

(3) Where a provision of regulations under this section corresponds to a provision of the Electoral Act, 1992, which declares a matter to be an electoral offence, the regulations may provide for a corresponding offence in relation to local elections and lay down a penalty for it which does not exceed the relevant penalty specified in section 157 of that Act.

(4) Regulations made under section 22 of the Local Government Act, 1994, and in force at the commencement of this provision shall continue in force and have effect as if made under this section and may be amended or revoked accordingly.

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

(6) No local election is invalid by reason of non-compliance with any regulations under this section, or any mistake in the use of forms provided for or by any such regulations, if it appears to the court before which the matter is raised:

(a) that the election was conducted in accordance with the principles laid down in the regulations under this section taken as a whole, and

(b) that the non-compliance or mistake did not materially affect the result of the election.

(7) Regulations under this section apply to a new election under Part 21.

(8) Where regulations under this section provide for the issue of polling information cards by a local authority, a decision to issue them is a reserved function.

28. Temporary arrangements with respect to certain polling districts and register of electors.

28.—F56[(1) In this section the "chief executive" means—

(a) in relation to any part of a polling district situated in a city, the chief executive for the city,

(b) in relation to any part of a polling district situated in a county, the chief executive for the county,

(c) in relation to any part of a polling district situated in a city and county, the chief executive for the city and county.]

(2) This section applies where after—

F56[(a) the alteration of the boundary of a local authority, or]

(b) the making of an order under section 23—

F56[(i) dividing a county, city or city and county into local electoral areas, or]

(ii) amending or modifying any division made by such an order,

a polling district existing immediately before the alteration or revision or amendment or modification of such division, as the case may be, is not wholly situated within the area of a local authority or of a local electoral area, as the case may be.

(3) Where subsection (2) applies, the F56[chief executive] of the relevant local authority shall, for each part of the polling district situated within the area of the local authority—

(a) join it or parts of it with any adjoining polling district or districts within that area, or

(b) constitute it as a polling district and appoint a polling place for it.

(4) An arrangement made under subsection (3) has effect until, and only until, the first scheme under section 28 of the Electoral Act, 1992, in relation to the F56[county, city or city and county] in which the part concerned of the polling district is situated comes into operation after the making of the arrangement.

(5) An arrangement made under subsection (3) shall, as soon as practicable, be notified to the Minister by the F56[chief executive].

(6) In respect of a part of a polling district referred to in subsection (3), the F56[chief executive] shall make such alterations in relation to the part of the register of electors in force as may be necessary to secure that the part of the register concerned shall be in conformity with the arrangement made under that subsection and may conveniently be used for the purposes of taking a poll.

29. Consequential appointments to certain other bodies.

29.—(1) The year 2004, and every year after 2004 which is a year in which local elections are held, is an election year for the purposes of the Harbours Act, 1946.

(2) F57[…]

(3)(a) The appointments made under section 10 of the School Attendance Act, 1926, which first occur after the commencement of this subsection shall be made in the year 2004 and shall be regarded as quinquennial appointments.

(b) Nothing in paragraph (a) operates to prejudice the power of any person, conferred by or under section 10 of the School Attendance Act, 1926, to appoint persons to fill casual vacancies among the membership of a school attendance committee.

30. Savers (Part 4).

30.—F58[…]

PART 5 Cathaoirleach and Leas-Chathaoirleach

Chapter 1

31. Cathaoirleach and Leas-Chathaoirleach.

31.—(1) Subject to this Part each local authority F59[and the municipal district members] shall have a chairperson and vice-chairperson who shall be elected and hold office in accordance with this Part and who in this Act are referred to as “Cathaoirleach” and “Leas-Chathaoirleach”, respectively, and shall be so known except where the provisions of section 32 apply.

F60[(2) The holders of the offices of Cathaoirleach and Leas-Chathaoirleach shall as appropriate be styled—

(a) in the case of a county council, in the Irish language "Cathaoirleach Chontae....…" and "Leas-Chathaoirleach Chontae....…" followed by the name of the county in Irish, and in the English language "Cathaoirleach of the County of....…" and "Leas-Chathaoirleach of the County of....…" followed by the name of the county in English,

(b) in the case of a city council, in the Irish language "Cathaoirleach Chathair....…" and "Leas-Chathaoirleach Chathair....…" followed by the name of the city in Irish, and in the English language "Cathaoirleach of the City of....…" and "Leas-Chathaoirleach of the City of....…" followed by the name of the city in English,

(c) in the case of a city and county council, in the Irish language "Cathaoirleach Chathair agus Chontae....…" and "Leas-Chathaoirleach Chathair agus Chontae....…" followed by the name of the city and county in Irish, and in the English language "Cathaoirleach of the City and County of....…" and "Leas-Chathaoirleach of the City and County of....…" followed by the name of the city and county in English,

(d) in the case of a municipal district whose area contains the area of a city council dissolved by the Local Government Reform Act 2014, in the Irish language "Cathaoirleach Cheantar Cathrach....…" and "Leas-Chathaoirleach Cheantar Cathrach....…" followed by the name of the municipal district in Irish, and in the English language "Cathaoirleach of the Metropolitan District of....…" and "Leas-Chathaoirleach of the Metropolitan District of....…" followed by the name of the municipal district in English,

(e) in the case of a municipal district whose area contains the area of a borough council in being (other than in respect of the borough of Kilkenny) immediately before the transfer date as provided for by the Local Government Reform Act 2014, in the Irish language "Cathaoirleach Cheantar Buirge....…" and "Leas-Chathaoirleach Cheantar Buirge....…" followed by the name of the municipal district in Irish, and in the English language "Cathaoirleach of the Borough District of....…" and "Leas-Chathaoirleach of the Borough District of....…" followed by the name of the municipal district in English,

(f) in the case of a municipal district whose area contains the area of the borough of Kilkenny in being immediately before the transfer date as provided for by the Local Government Reform Act 2014, in the Irish language "Cathaoirleach Cheantar Bardasach Chathair Chill Chainnigh" and "Leas-Chathaoirleach Cheantar Bardasach Chathair Chill Chainnigh" and in the English language "Cathaoirleach of the Municipal District of Kilkenny City" and "Leas-Chathaoirleach of the Municipal District of Kilkenny City",

(g) in the case of a municipal district to whichparagraph (d),(e)or(f)does not apply, in the Irish language "Cathaoirleach Cheantar Bardasach....…" and "Leas-Chathaoirleach Cheantar Bardasach....…" followed by the name of the municipal district in Irish, and in the English language "Cathaoirleach of the Municipal District of....…" and "Leas-Chathaoirleach of the Municipal District of....…" followed by the name of the municipal district in English.]

(3) Any reference in any other enactment to the lord mayor, mayor, chairman, deputy lord mayor, deputy mayor or vice-chairman or cognate words shall, where the context so requires, be read as a reference to the Cathaoirleach or Leas-Chathaoirleach or other title standing for the time being by virtue of section 32, as the case may be.

F60[(4)(a) The Cathaoirleach of a local authority shall take precedence at all meetings of the local authority.

(b) The Cathaoirleach of a municipal district shall take precedence at all meetings and proceedings of the municipal district members.

(5) Anything authorised or required by this Act or otherwise by law to be done by, to or with the Cathaoirleach may where necessary be done by, to or with the Leas-Chathaoirleach of the local authority or the Leas-Chathaoirleach of the municipal district, as the case may be.

(6) The Cathaoirleach may, where the Leas-Chathaoirleach is unavailable, nominate from among the other members of the local authority or the municipal district members, as the case may be, a member for the purpose of representing the Cathaoirleach at any ceremony or event in that capacity and that member shall be entitled to act in that capacity for such purpose.

(7) Where a casual vacancy occurs in the office of Cathaoirleach of a local authority or of a municipal district, as the case may be, the Leas-Chathaoirleach shall assume the responsibilities of the office pending the election in accordance with this Part of a Cathaoirleach.]

(8) A person holding the office of Cathaoirleach or Leas-Chathaoirleach on the commencement of this provision shall continue to hold that office in accordance with this Part.

(9) Subject to this Act, an outgoing Cathaoirleach or Leas-Chathaoirleach shall be eligible for re-election.

(10) F61[…]

(11) Section 34 shall apply to a Cathaoirleach or Leas-Chathaoirleach elected in 2004 in accordance with F61[…] this Part and thereafter.

32. Alternative titles to Cathaoirleach and Leas-Chathaoirleach, etc.

F62[32.—(1) Where prior to the commencement ofsection 31—

(a) Cork City Council or Dublin City Council used the title "Lord Mayor" or "Deputy Lord Mayor", or

(b) Galway City Council used the title "Mayor" or "Deputy Mayor",

to describe its office of Cathaoirleach or Leas-Chathaoirleach as the case may be, it shall continue to so use such title or titles notwithstanding the provisions of section 31.

(1A) Where—

(a) immediately before the 2014 establishment day (provided for in Part 2 of the Local Government Reform Act 2014) Limerick City Council or Waterford City Council used the title "Mayor" or "Deputy Mayor", to describe its office of Cathaoirleach or Leas- Chathaoirleach, as the case may be, then, if a municipal district containing the area of the former city council is determined by order undersection 23(1)(c), the municipal district members (being the municipal district members for a metropolitan district by virtue ofsection 22A(2)(a)) may use such title or titles notwithstanding the provisions ofsection 31(as amended by that Act),

(b) immediately before the transfer date (provided for in Chapter 2 of Part 3 of the Local Government Reform Act 2014) a borough council referred to inChapter 1ofPart 1ofSchedule 6used the title "Mayor" or "Deputy Mayor", to describe its office of Cathaoirleach or Leas-Chathaoirleach, as the case may be, then, if a municipal district containing the area of the former borough council is determined by order undersection 23(1)(c), the municipal district members (being the municipal district members for a borough district by virtue ofsection 22A(2)(b)or for the municipal district of Kilkenny City by virtue ofsection 22A(2) (c)) may use such title or titles notwithstanding the provisions ofsection 31(as amended by that Act), and

(c) a municipal district contains the area of a town (including all the environs of the town for the purposes of the census of population concerned) the population of which, when rounded to the nearest 1,000 as shown in the latest census report of the Central Statistics Office, is equal to or greater than 20,000, then the municipal district members for such district may decide by resolution to use the title "Mayor" or "Deputy Mayor", to describe its office of Cathaoirleach or Leas-Chathaoirleach notwithstanding the provisions ofsection 31(as amended by the Local Government Reform Act 2014).

(2) A local authority or the municipal district members, to whichsubsection (1)or(1A) (respectively) relates, may by resolution give the title Cathaoirleach or Leas-Chathaoirleach to the Lord Mayor or Deputy Lord Mayor, Mayor or Deputy Mayor, as the case may be, and in that case shall be styled in accordance withsection 31.

(3) Where titles are continued in accordance withsubsection (1)or(1A), the holders of the offices concerned shall, as appropriate, be styled—

(a) in the case of Cork City Council, in the Irish language "Ard-Mhéara Chathair Chorcaí" and "Leas-Ardmhéara Chathair Chorcaí", and in the English language "Lord Mayor of the City of Cork" and "Deputy Lord Mayor of the City of Cork",

(b) in the case of Dublin City Council, in the Irish language "Ard- Mhéara Chathair BhaileÁtha Cliath" and "Leas-Ardmhéara Chathair BhaileÁtha Cliath", and in the English language "Lord Mayor of the City of Dublin" and "Deputy Lord Mayor of the City of Dublin",

(c) in the case of Galway City Council, in the Irish language "Méara Chathair na Gaillimhe" and "Leas-Mhéara Chathair na Gaillimhe", and in the English language "Mayor of the City of Galway" and "Deputy Mayor of the City of Galway",

(d) in the case of a municipal district to whichsubsection (1A)relates, in the Irish language "Méara....…" and "Leas-Mhéara....…" followed by the name of the municipal district in Irish, and in the English language "Mayor of....…" and "Deputy Mayor of.....… " followed by the name of the municipal district in English in accordance withsubsections (2)and(3)ofsection 22A.

(4) Notwithstandingsection 31a local authority which is a city and county council may, subject toSchedule 8, give an alternative title to its Cathaoirleach or Leas-Chathaoirleach or revert to the title or titles of Cathaoirleach or Leas-Chathaoirleach as the case may be.]

33. Resignation of Cathaoirleach or Leas-Chathaoirleach.

33.—F63[(1) The Cathaoirleach or Leas-Chathaoirleach may resign from that office by notice in writing signed by him or her and delivered to the principal offices of the local authority which, in the case of a municipal district, is the principal offices of the local authority concerned.]

(2) The vacancy caused by a resignation under subsection (1) shall occur on the date specified in the notice as the resignation date or, where no such date is specified, on receipt of such notice.

34. Removal of Cathaoirleach or Leas-Chathaoirleach from office.

34.—F64[(1) Subject to this section, a local authority may by resolution remove from office the Cathaoirleach or Leas-Chathaoirleach of such local authority for stated misbehaviour or if his or her removal appears to it to be necessary for the effective performance by the local authority of its functions and such removal may also be for those reasons arising from the performance of his or her duties as chair of the corporate policy group.

(1A) Subject to this section, a local authority may by resolution remove from office the chairperson of any strategic policy committee of such local authority for stated misbehaviour or if his or her removal appears to them to be necessary for the effective performance by the local authority of its functions or by the committee of its functions.]

(2) Notice of the intention to propose a resolution under this section (in this section referred to as a “notice”) shall—

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

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

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

(d) be delivered to the meetings administrator, and

F65[(e) be delivered or sent to the Cathaoirleach, Leas-Chathaoirleach or chairperson of the strategic policy committee concerned.]

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

(4) (a) Such special meeting shall be chaired by a member of the local authority, other than the person the subject of the notice, chosen by the members present at the meeting.

(b) The person the subject of the notice shall at such meeting be afforded an opportunity to make a statement of response in relation to the proposed removal.

F65[(5) It is necessary for the passing of a resolution under this section that the number of members of the local authority concerned voting in favour of the resolution is at least two-thirds of those present and voting.]

Chapter 2

35. Application of Chapter 2.

35.—F66[…]

35A. F67[Application of Chapter to municipal district members.

35A.—This Chapter applies to municipal district members as if every reference in the other provisions of this Chapter to a local authority or to a member of a local authority were, respectively, a reference to the municipal district members or to a member of a municipal district.]

36. Annual election of Cathaoirleach and Leas-Chathaoirleach by local authority.

36.—(1) (a) Subject to paragraph (c), a local authority shall elect a Cathaoirleach and Leas-Chathaoirleach from amongst its members at every annual meeting.

(b) The election of a Cathaoirleach shall be carried out in accordance with section 37.

(c) A member of a local authority who is a member of Dáil Éireann or Seanad Éireann shall be disqualified from being elected or from being a Cathaoirleach or Leas-Chathaoirleach of a local authority.

F68[(d) On the commencement ofsection 2of the Local Government (No. 2) Act 2003,paragraph (c)shall cease to apply and have effect.]

(2) (a) Subject to subsection (3), a member who holds the office of Cathaoirleach or Leas-Chathaoirleach shall hold that office (unless he or she becomes disqualified under subsection (1)(c), resigns under section 33 or is removed from office under section 34) from election until a successor is elected at the next annual meeting of the local authority after that member’s election to that office.

(b) In a year in which local elections are to be held under section 26 and notwithstanding subsection (3), subsection (4) shall apply in respect of a Cathaoirleach.

(3) Except as is provided for in subsection (4), the Cathaoirleach or Leas-Chathaoirleach of a local authority shall, upon ceasing to be a member of the authority, cease to be Cathaoirleach or Leas-Chathaoirleach of that authority.

(4) Following a local election the Cathaoirleach shall continue to hold office for the period between the retirement of the outgoing members and the commencement of the annual meeting at which the successor is elected unless he or she sooner dies or resigns from the office or becomes disqualified for local authority membership.

37. Method of election of Cathaoirleach by local authority.

37.—Subject to paragraph 4 of Schedule 10, the following provisions shall apply and have effect in respect of the election of a Cathaoirleach by the members of a local authority:

(a) one or more than one member may be proposed and seconded for nomination and every person so proposed and seconded who does not reject the nomination shall be a candidate and no other person shall be a candidate otherwise than in accordance with this provision;

(b) where there is only one candidate, such candidate shall be elected;

(c) where there are more than 2 candidates, a poll shall be taken;

(d) if at such poll a majority of the members present vote for any particular candidate, such candidate shall be elected;

(e) if at such poll no candidate receives the votes of a majority of the members present, the candidate receiving the least number of votes shall be excluded from the election, and, subject to paragraph (g), one or more further polls (according as may be necessary) shall be taken;

(f) paragraphs (d) and (e) shall apply in relation to such further poll or polls;

(g) where there are only 2 candidates or where, as a result of one or more polls all the candidates except 2 have been excluded, the question as to which of such candidates shall be elected shall be put to the members present and whichever of such candidates receives the majority of votes cast shall be elected;

(h) if from an equality of votes given to 2 or more candidates any question arises as to which of such candidates is to be excluded or as to which of such candidates is to be elected, such question shall be decided by lot in accordance with paragraph (i);

(i) in deciding any such question by lot, the names of the candidates concerned shall be written on similar slips of paper, the slips shall be folded so as to prevent identification and mixed and drawn at random, and the candidate whose name is first drawn shall be—

(I) the candidate who shall be excluded, where the question concerns an exclusion, or

(II) the candidate who shall be elected, where the question concerns an election.

38. Casual vacancy in the office of Cathaoirleach or Leas-Chathaoirleach.

38.—(1) Where a casual vacancy occurs in the office of Cathaoirleach or Leas-Chathaoirleach of a local authority the members of the authority—

(a) present at the next meeting of the authority after the occurrence of the vacancy, or

(b) if that meeting is held within 14 days of the occurrence of the vacancy, present at the next following meeting of the authority,

shall elect one of their number to be Cathaoirleach or Leas-Chathaoirleach, as the case may be.

(2) Section 37 shall apply in relation to the election of a member to fill a casual vacancy in the office of Cathaoirleach.

(3) A person elected to fill a casual vacancy in the office of Cathaoirleach or Leas-Chathaoirleach shall be elected for the remainder of the term of office of his or her predecessor.

(4) Not less than 3 clear days’ notice shall be given to each member of the local authority of a meeting to fill a casual vacancy under this section.

Chapter 3

39. Application of Chapter 3.

39.—F69[…]

40. Direct election and tenure of Cathaoirleach of county council and city council.

40.—F70[…]

41. Casual vacancy in office of Cathaoirleach of county council or city council.

41.—F71[…]

42. Amendments to certain Acts, relating to direct elections, etc.

42.—F72[…]

43. Election petitions in relation to direct elections.

43.—F73[…]

PART 6 Meetings and Proceedings of Local Authorities

44. Application (Part 6).

44.—(1) This Part and Schedule 10 apply and have effect in relation to the meetings and proceedings of local authorities and to connected matters.

(2) Meetings of a local authority or a joint body may be held in Irish or in English or in both languages.

(3) In respect of meetings and proceedings of joint bodies, the Minister may by regulations under this subsection—

(a) make provisions corresponding to those provided for local authorities under this Part and Schedule 10,

(b) apply this Part or Schedule 10, with any necessary modification or adaptation,

and any such provisions apply and have effect in relation to such meetings and proceedings.