Local Government (Planning and Development) Act, 1976
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Supplemental provisions relating to sections 32 and 33. |
34.—(1) Proceedings for an offence under section 32 or 33 of this Act shall not be instituted except by or with the consent of the Director of Public Prosecutions. | |
(2) Where a person is convicted of an offence under section 32 or 33 of this Act, the following provisions shall have effect: | ||
(a) the person shall be disqualified for being a member of the Board, | ||
(b) in case the person is a member of the Board, he shall on such conviction accordingly cease to be a member of the Board, | ||
(c) in case the person is a member of a planning authority or a member of any committee of a planning authority, he shall on such conviction cease to be a member of the authority or the committee, as may be appropriate, | ||
(d) in case the person is a member of both a planning authority and any one or more such committees, he shall so cease to be a member of both the authority and every such committee, and | ||
(e) in case the person by virtue of this subsection ceases to be a member of a planning authority or any such committee, he shall be disqualified for being a member of the authority or committee during the period which, but for the cessation of his membership of the authority or committee under this section, would be the remainder of his term. | ||
(3) In case a person contravenes or fails to comply with a requirement of section 32 or 33 of this Act, or acts as a member of the Board, a planning authority or committee of a planning authority while disqualified for membership by virtue of this section, the fact of such contravention or failure or of his so acting, as the case may be, shall not invalidate any act or proceeding of the Board, authority or committee. | ||
(4) Where any body which is a company within the meaning of section 155 of the Companies Act, 1963 , is deemed under that section to be a subsidiary of another or to be another such company's holding company, a person who is a member of the first-mentioned such company shall, for the purposes of sections 32 and 33 of this Act be deemed also to be a member of the other company. |