Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024
|
Vacancies | ||
|
13. (1) The Mayor ceases to hold office and a vacancy in the office of Mayor occurs— | ||
(a) upon removal of the Mayor from office in accordance with Part 7 , | ||
(b) upon the death or resignation (in accordance with section 12 ) of the Mayor, | ||
(c) upon the Mayor becoming disqualified for membership of a local authority or for holding the office of Mayor of Limerick under section 13, 13A or 182 of the Principal Act, | ||
(d) upon the Mayor becoming disqualified for membership of a local authority under section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act 1999 , or | ||
(e) upon an order under paragraph (b) of subsection (4) of section 17 of the Criminal Justice (Corruption Offences) Act 2018 for the forfeiture of the office of the person as a member of the local authority taking effect under subsection (6) of that section. | ||
(2) It is the duty of the meetings administrator to notify the elected council in writing on becoming aware that a vacancy referred to in subsection (1) has occurred. | ||
(3) Where a vacancy occurs in the office of Mayor— | ||
(a) in any of the circumstances referred to in subsection (1), and | ||
(b) not later than the 31st day of October in the year immediately preceding a year in which an election referred to in section 26 of the Principal Act is required to be held, | ||
an election (in this Act referred to as a “mayoral by-election”) shall be held in accordance with Schedule 2 not later than 3 months from the occurrence of that vacancy to fill the vacancy so occurring. | ||
(4) Where a vacancy occurs in the office of Mayor— | ||
(a) in any of the circumstances referred to in subsection (1), and | ||
(b) during the period commencing on the 1st day of November in the year immediately preceding a year in which an election referred to in section 26 of the Principal Act is required to be held and ending on the next ordinary day of retirement, | ||
the functions of Mayor shall be performable by the Príomh Chomhairleoir during the period commencing on the day on which the vacancy occurs and ending on the next ordinary day of retirement. | ||
(5) Where a vacancy occurs in the office of Mayor in circumstances to which subsection (3) applies, the functions of Mayor shall be performable by the Príomh Chomhairleoir during the period commencing on the day on which the vacancy occurs and ending on the day on which the returning officer declares under subparagraph (2) of paragraph 29 or paragraph 54 of Part 1 of Schedule 2 the result of the poll at the mayoral by-election held consequent upon the occurrence of that vacancy. | ||
(6) Where the functions of Mayor are performable by the Príomh Chomhairleoir in accordance with subsection (4) or (5), the Leas-Phríomh Chomhairleoir shall assume the responsibilities of the office of Príomh Chomhairleoir for the duration of the period during which they are so performable. | ||
(7) Sections 16, 18, 19 and 19A of the Principal Act shall not apply in respect of the office of Mayor. | ||
(8) Where a vacancy occurs in the office of Mayor in any of the circumstances referred to in subsection (1) and the Mayor is, when the vacancy occurs, absent in any of the circumstances referred to in subsection (1) of section 14 , this section shall apply to the vacancy so occurring notwithstanding such absence. |