Local Government Act, 2001

Number 37 of 2001

LOCAL GOVERNMENT ACT, 2001

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

PART 2

Local Government Areas and Local Authorities

PART 3

Local Authority Membership

PART 4

Local Elections

PART 5

Cathaoirleach and Leas-Chathaoirleach

Chapter 1

General

Chapter 2

Election by Local Authority

Chapter 3

Direct Election

PART 6

Meetings and Proceedings of Local Authorities

PART 7

Committees and Joint Committees

PART 8

Local Authority Boundary Alteration

PART 9

Functions of Local Authorities

Chapter 1

General Functions of Local Authorities

Chapter 2

Ceremonial Functions

Chapter 3

Library and Archival Functions

Chapter 4

Non-Public Roads — Local Improvement Schemes

Chapter 5

Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc.

PART 10

Agreements and arrangements concerning functions

PART 11

Local Government Commission

PART 12

Financial Procedures and Audit

Chapter 1

Financial Procedures

Chapter 2

Audit

PART 13

Local Authorities and the Local Community

PART 14

The Local Government Service

Chapter 1

The Elected Council

Chapter 2

Position of Manager

Chapter 3

Procedural Matters

Chapter 4

Local Authority Personnel

PART 15

Ethical Framework for the Local Government Service

PART 16

Land

PART 17

Establishment of New Town Councils, etc.

PART 18

Changing of Names of Areas and Display of Names of Streets, etc.

PART 19

Bye-Laws

PART 20

Public Local Inquiries

PART 21

Consequential Provisions on Failure to Perform Functions

PART 22

Miscellaneous

PART 23

Transfer of Temple Bar Properties Limited to Dublin City Council

PART 24

Miscellaneous Amendments

SCHEDULE 1

Acts included in collective citation — Local Government Acts, 1925 to 2001

SCHEDULE 2

Construction of Certain Terms in Other Enactments

SCHEDULE 3

Enactments Repealed and Revoked

SCHEDULE 4

Minor and consequential Amendments to Acts

SCHEDULE 5

Local Government Areas (Counties and Cities)

SCHEDULE 6

Local Government Areas (Towns)

SCHEDULE 7

Number of Members of Local Authorities

SCHEDULE 8

Alternative Titles to Cathaoirleach and Leas-Chathaoirleach, etc.

SCHEDULE 9

Minor and Consequential Amendments relating to Direct Elections, etc.

SCHEDULE 10

Meetings and Proceedings of Local Authorities

SCHEDULE 11

Local Authority Boundary Alteration

SCHEDULE 12

Acts of the Oireachtas: Functions of Local Authorities

SCHEDULE 13

Amenities, Recreation and Other Functions

SCHEDULE 14

Certain Reserved Functions

SCHEDULE 15

Functions to be done by Manager's Order

Number 37 of 2001

LOCAL GOVERNMENT ACT, 2001

AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO LOCAL GOVERNMENT AND, IN PARTICULAR, TO CONSOLIDATE WITH AMENDMENTS CERTAIN ENACTMENTS RELATING GENERALLY TO LOCAL AUTHORITIES. [21st July, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General

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 Chapter 3 of Part 5, 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.

Interpretation generally.

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

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

“administrative area” means an area which continues to stand 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 town in the case of a town 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 ;

“city council” means a local authority to which section 11 (3)(b) relates;

“city development board” has the meaning given by section 129 ;

“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);

“county council” means a local authority to which section 11 (3)(a) relates;

“county development board” has the meaning given by section 129 ;

“direct election” has the meaning given to it by section 40 ;

“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) a joint library committee,

(b) a joint drainage board,

(c) a joint drainage committee,

(d) a joint burial board,

(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 ;

“local authority” means—

(a) a county council,

(b) a city council,

(c) a town 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 ;

“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;

“Local Government Commission” has the meaning given to it by Part 11;

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

“manager” means a manager for the purposes of section 144 ;

“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;

“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 ,

(d) (i) a health board,

(ii) the Eastern Regional Health Authority, or

(iii) an Area Health Board established under the Health (Eastern Regional Health Authority) Act, 1999 ;

(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),

(g) 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;

“rating authority” means—

(a) a county council,

(b) a city council, or

(c) a town council referred to in Part 1 of Schedule 6;

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

“reserved function” shall be read in accordance with section 131 ;

“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;

“town council” shall be construed in accordance with section 11 (4)(b).

(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.

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.

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).

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.

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.

Commencement.

7.—This Act (except Part 2, section 9 of which provides for an establishment day order in respect of that Part, and except section 161 and Chapter 3 of Part 5, the coming into operation of which is provided for in that section and Chapter, respectively) 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.

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

Establishment day.

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

Local government areas.

10.—(1) On and from the establishment day and for the purposes of local government, the State has local government areas in accordance with this section.

(2) The State continues to stand divided into local government areas to be known as counties and cities which are the areas set out in Parts 1 and 2, respectively, of Schedule 5.

(3) Within the county in which they are situated and of which they form part, there continue to be such other local government areas as are set out in Schedule 6 which—

(a) in the case of the areas set out in Chapter 1 of Part 1 of that Schedule, shall be known as boroughs, and

(b) in the case of the areas set out in Chapter 2 of Part 1 and Part 2 of that Schedule, shall be known as towns,

and in this Act a reference to a town shall include a reference to a borough.

(4) (a) The boundaries of a county referred to in subsection (2) are the boundaries of the corresponding county as existing immediately before the establishment day and, for that purpose, the corresponding counties to Tipperary North Riding and Tipperary South Riding shall be North Tipperary and South Tipperary, respectively.

(b) The boundaries of a city referred to in subsection (2) are the boundaries of the corresponding county borough as existing immediately before the establishment day.

(c) The boundaries of a town referred to in subsection (3) are the boundaries of the corresponding borough, urban district or town, as the case may be, as existing immediately before the establishment day.

(5) For the purposes of this section, 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 the establishment day.

(6) This section is without prejudice to Parts 8 and 17 and section 227 .

(7) This section is without prejudice to the continued use of the description city in relation to Kilkenny, to the extent that that description was used before the establishment day and is not otherwise inconsistent with this Act.

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

11.—(1) On and from the establishment day and for the purposes of local government, the areas referred to in section 10 shall each have a local authority as provided for in this section.

(2) For each county or city set out in Schedule 5 there continues to stand established under this section a body for the purposes of local government and each such body is a local authority and each such county or city is its administrative area.

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

(a) in the case of a county set out in Part 1 of Schedule 5, the name of such county followed by the words “County Council”, and

(b) in the case of a city set out in Part 2 of Schedule 5, the name of such city followed by the words “City Council”.

(4) (a) For each of the towns set out in Schedule 6 there continues to stand established under this section a body for the purposes of local government and each such body is a local authority and each such town is its administrative area.

(b) The local authority for each of the towns set out in Schedule 6 shall be known by the name of the town followed by the words—

(i) in the case of a town set out in Chapter 1 of Part 1 of that Schedule, “Borough Council”, and

(ii) in any other case, “Town Council”,

and references in this Act to “town council” shall be construed accordingly.

(5) (a) In respect of a local authority to which subsection (3) or (4) relates, each member (being directly elected or co-opted in accordance with this Act) shall be known as a councillor and 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.

(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 except for such functions as are by law vested in any town council, the administrative area of which is situated in the county concerned, but without prejudice to section 70 ,

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

(c) subject to paragraph (a), a town council has jurisdiction throughout its administrative area.

(7) A local authority to which subsection (3) or (4) 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 manager 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, a county council, county borough corporation, borough corporation (other than a county borough corporation), urban district council or the commissioners of a town in being immediately before the establishment day, continue in being but subject to the provisions of this Act applying and having effect.

(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, manager'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.

(17) (a) This section is without prejudice to section 73 , Part 17 or 21.

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

PART 3

Local Authority Membership

Eligibility for local authority membership.

12.—Subject to section 14 and to the disqualifications set out in section 13 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.

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

(i) is a person employed by a local authority and is not the holder of a class, description or grade of employment designated by order under section 161 (1)(b) or deemed to have been made under that section, 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.

(2) (a) A disqualification arising under subsection (1)(k) 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 subsection (1)(l) 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 subsection (1)(m) 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.

Prohibition on multiple membership of local authorities.

14.—(1) A person shall not hold membership simultaneously of—

(a) more than one local authority of the same class, or

(b) a city council and town council.

(2) For the purposes of this section, local authorities shall be deemed to consist of the following 2 classes:

(a) county councils and city councils;

(b) town councils.

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.

(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.

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 section 13 or 182, or under section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999 .

(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.

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.

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) 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.

(5) Attendance as a member at a meeting of any committee or joint committee or joint body of the authority shall be deemed for the purposes of subsection (4) to be attendance at a meeting of the authority.

Casual vacancies.

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

(a) where section 16 (1) applies,

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

(c) in such circumstances as are set out in Articles 25, 28 and 124 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 a person 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 a person 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.

Savers (Part 3).

20.—(1) The acts, decisions and proceedings of a local authority 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.

Number of members of local authorities, etc.

21.—(1) Subject to section 22 and without prejudice to section 40 (7), each county council and city council consists of the number of members specified in Parts 1 and 2, respectively, of Schedule 7 opposite the reference to the county council or city council concerned.

(2) (a) The number of members of a town council referred to in Part 3 of Schedule 7 is 12.

(b) Subject to section 22 (5), the number of members of any other town council is 9.

(3) Without prejudice to paragraph 11 of Schedule 10, where a provision of this Act provides that at least a specified proportion of the total number of members of a local authority 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.

Alteration of number of members of local authority.

22.—(1) (a) A county council or a city 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 county council or city council concerned, whether or not to the extent proposed.

(3) (a) Before deciding whether to make an order under subsection (2), the Minister shall request the Local Government Commission to prepare a report with respect to the application and Part 11 applies to such a request and report.

(b) The Local Government Commission may recommend an alteration otherwise than in accordance with the application to the Minister or that no alteration be made.

(c) A report prepared under paragraph (a) shall include such recommendations as the Local Government Commission may consider appropriate in relation to the alteration of local electoral areas under section 23 and the number of members assigned to each of them.

(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) (a) A town council to which section 21 (2)(b) applies may by resolution adopt a proposal for the alteration to 12 of the number of members of that council where the population of the town concerned exceeds 15,000 as shown in the most recent census.

(b) Subsections (1) to (4) shall apply with any necessary modifications for the purposes of this subsection.

(6) An application under this section shall not be made to the Minister within 5 years of the decision by the Minister on any previous application by the local authority concerned.

PART 4

Local Elections

Local electoral areas.

23.—(1) Subject to subsection (7), the Minister may by order—

(a) divide a county, city or town into local electoral areas, and

(b) in respect of the members of the local authority, fix the number of such members to be elected for each local electoral area.

(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.

(3) Where, on the commencement of this provision, an order is in force dividing a county, city or town into local electoral areas or fixing the number of members for each local electoral area, the order shall continue in force in relation to the county, city or town and be deemed to be an order under this section and may be amended or revoked accordingly.

(4) In respect of any local electoral area in a county, city or town, 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) Subject to subsections (1) to (5), at every election of the members of any council of a town which is not divided into local electoral areas there shall be one local electoral area, which shall (subject to regulations made under section 17 of the Local Government Act, 1994 , which are continued in force by virtue of section 30 (1)) consist of the area of such town and all such members shall be elected for such local electoral area.

(7) (a) Before deciding whether to make an order under this section the Minister shall request the Local Government Commission to prepare a report in respect of the relevant county, city or town and Part 11 applies to such a request and report.

(b) In considering making a request under paragraph (a), the Minister may have regard to the extent of population changes in local electoral areas within counties and cities as shown in the latest census report of the Central Statistics Office which—

(i) sets out the population of the State, classified by area, and

(ii) is published following a census of population.

(c) The provisions of an order made under this section shall not vary in any material respect from the recommendations of the Local Government Commission in respect of the relevant county, city or town unless the Minister is satisfied there are substantial reasons for so doing and such order shall set out the reasons for such variation.

(8) A reference to a town under this section shall, subject to part 8, be read as a reference to the area of such town as altered for local electoral purposes only by section 17 of the Local Government Act, 1994 , and regulations made under it.

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.

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) more than once at an election for a directly elected Cathaoirleach of a local authority,

(c) at an election of the members of more than one local authority of the same class held at the same local elections,

(d) at a direct election of the Cathaoirleach of more than one local authority of the same class held in conjunction with the same local elections, or

(e) at both an election of the members of a city council and an election of the members of a local authority of the class specified in subsection (2)(b) held at the same local elections.

(2) For the purposes of this section, local authorities shall be deemed to consist of the following 2 classes:

(a) county councils and city councils;

(b) town councils.

(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.

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.

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

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;

(r) election of the same person in more than one local electoral area, or to more than one local authority of the same class within the meaning of section 14 ;

(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.

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

28.—(1) In this section the “manager” means—

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

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

(2) This section applies where after—

(a) the alteration of the boundary of a local authority under Part 8 or otherwise, or

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

(i) dividing a county, city or town 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 manager 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 county or city 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 manager.

(6) In respect of a part of a polling district referred to in subsection (3), the manager 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.

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) 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 Vocational Education Acts, 1930 to 1999.

(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.

Savers (Part 4).

30.—(1) Subject to Part 8, regulations made under subsections (1) and (2) of section 17 of the Local Government Act, 1994 , with reference to the Third Schedule to that Act altering local authority boundaries for electoral purposes only shall continue in force, notwithstanding the repeal of those provisions by this Act.

(2) Subject to Part 8, the area of any county or town (including any borough or urban district) the boundary of which was altered for electoral purposes only under section 17 of the Local Government Act, 1994 , is for such purposes the area so altered and the local government electors standing registered in respect of such area are entitled to vote at the local elections to be held in 2004 and from then on.

PART 5

Cathaoirleach and Leas-Chathaoirleach

Chapter 1

General

Cathaoirleach and Leas-Chathaoirleach.

31.—(1) Subject to this Part each local authority 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.

(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 town council, in the Irish language “Cathaoirleach Bhaile .......” and “Leas-Chathaoirleach Bhaile .......” followed by the name of the town in Irish, and in the English language “Cathaoirleach of the Town of .......” and “Leas-Chathaoirleach of the Town of .......” followed by the name of the town in English.

(d) in the case of a borough council, in the Irish language “Cathaoirleach Bhuirg .......” and “Leas-Chathaoirleach Bhuirg .......” followed by the name of the borough in Irish, and in the English language “Cathaoirleach of the Borough of .......” and “Leas-Chathaoirleach of the Borough of .......” followed by the name of the borough 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.

(4) The Cathaoirleach shall take precedence at all meetings of the local authority and all proceedings of the elected council.

(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.

(6) The Cathaoirleach may, where the Leas-Chathaoirleach is unavailable, nominate from among the other members of the local authority 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, 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) This Chapter, subject to subsection (11), shall apply to a Cathaoirleach or Leas-Chathaoirleach elected in accordance with Chapter 2 or Chapter 3 of this Part.

(11) Section 34 shall apply to a Cathaoirleach or Leas-Chathaoirleach elected in 2004 in accordance with Chapter 2 or Chapter 3 of this Part and thereafter.

Alternative titles to Cathaoirleach and Leas-Chathaoirleach, etc.

32.—(1) Where prior to the commencement of section 31 —

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

(b) any other city council used the title “Mayor” or “Deputy Mayor”, or

(c) any borough council referred to in Chapter 1 of Part 1 of Schedule 6 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 .

(2) A local authority referred to in subsection (1) may by resolution give the title Cathaoirleach or Leas-Chathaoirleach to its Lord Mayor or Deputy Lord Mayor, Mayor or Deputy Mayor, as the case may be, and in that case shall be styled in accordance with section 31 .

(3) Where titles are continued in accordance with subsection (1), 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 Ard-Mhéara 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 Bhaile Átha Cliath” and “Leas Ard-Mhéara Chathair Bhaile Átha 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 any other city council, in the Irish language “Méara Chathair .......” and “Leas-Mhéara Chathair .......” followed by the name of the city in Irish, and in the English language “Mayor of the City of .......” and “Deputy Mayor of the City of .......” followed by the name of the city in English,

(d) in the case of a borough council, in the Irish language “Méara Bhuirg .......” and “Leas-Mhéara Bhuirg .......” followed by the name of the borough in Irish, and in the English language “Mayor of the Borough of .......” and “Deputy Mayor of the Borough of .......” followed by the name of the borough in English.

(4) Notwithstanding the provisions of section 31 a local authority may subject to the provisions of Schedule 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.

Resignation of Cathaoirleach or Leas-Chathaoirleach.

33.—(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.

(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.

Removal of Cathaoirleach or Leas-Chathaoirleach from office.

34.—(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 them to be necessary for the effective performance by the local authority 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

(e) be delivered or sent to the Cathaoirleach or Leas-Chathaoirleach 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.

(5) It is necessary for the passing of a resolution under this section that at least three-quarters of the total number of members of the local authority concerned vote in favour of the resolution.

Chapter 2

Election by Local Authority

Application of Chapter 2.

35.—(1) Subject to this Part the arrangements set out in this Chapter shall apply and have effect in respect of the Cathaoirleach and Leas-Chathaoirleach of a local authority but in respect of the Cathaoirleach of a county council and a city council shall so apply and have effect until, and only until, the coming into operation of Chapter 3.

(2) After the coming into operation of Chapter 3 nothing in subsection (1) shall be read so as to restrict the continued application of this Chapter to—

(a) the Cathaoirleach of a town council or,

(b) the Leas-Chathaoirleach of any local authority.

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.

(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.

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.

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

Direct Election

Application of Chapter 3.

39.—(1) This Chapter shall apply to county councils and city councils and shall come into operation and have effect for the purposes of direct elections under section 40 in the year 2004 and from then on.

(2) Notwithstanding section 36 (4) a person holding office as Cathaoirleach immediately prior to the local elections in the year 2004 shall cease to hold that office on ceasing to hold office as a member of the local authority concerned.

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

40.—(1) (a) Subject to section 41 , a Cathaoirleach of a county council or a city council shall be elected in accordance with this section and such election is referred to as a “direct election” and section 24 shall apply in respect of such election.

(b) For the purposes of a direct election there shall be one electoral area which shall consist of the area of the county or city concerned and it shall be called the county-wide electoral area or city-wide electoral area, as the case may be.

(c) The references in section 24 to local electoral area and local election shall, for the purposes of paragraph (a), be read as references to a county-wide electoral area or city-wide electoral area and to a direct election.

(2) (a) The Minister shall make regulations for the purpose of holding direct elections.

(b) Regulations under this section shall provide that direct elections are held on the same day and at the same time as local elections (except a bye-election under section 41 ) and may include any provisions necessary for the purposes of this section including—

(i) any matter for which provision may be made in regulations under section 27 ,

(ii) provisions for the purposes of a bye-election under section 41 including the fixing by the Minister of the polling day and times of voting.

(iii) any other provisions necessary for or connected with the holding of a direct election.

(c) Regulations under this section may be made separately or as one with regulations under section 27 and subsections (3) to (8) of that section shall apply to regulations made under this section.

(3) (a) If a direct election is contested, a poll shall be taken, each local government elector having one transferable vote.

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

(4) A person who is not eligible for election to a local authority, or to whom a disqualification referred to in section 13 or 182 or in section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999 , applies, or who is a member of either House of the Oireachtas, is disqualified from being elected or from being a Cathaoirleach.

(5) Subject to subsection (8), sections 33 and 34, a Cathaoirleach elected in accordance with this section at a direct election held in conjunction with a local election shall come into office as Cathaoirleach on the same day as he or she comes into office as a member of the local authority and shall hold office as Cathaoirleach until the next ordinary day of retirement of members of that authority.