S.I. No. 219/2000 - Local Government (Tenure of Office of Managers) Regulations, 2000

THE MINISTER for the Environment and Local Government, in exercise of the powers conferred on him by section 3 of the Local Government Act, 1991 (No. 11 of 1991) and section 47A of that Act, as inserted by section 1 of the Local Government Act, 2000 (No. 25 of 2000), hereby makes the following regulations:

1. These Regulations may be cited as the Local Government (Tenure of Office of Managers) Regulations, 2000.

2. In these Regulations—

“the Act” means the Local Government Act, 1991 , as amended by section 1 of the Local Government Act, 2000 .

3. (1) The prescribed notification referred to in section 47A(2) of the Act shall be in the form specified in the Schedule to these Regulations.

(2) (a)  Subject to paragraph (b), the period within which a prescribed notification shall be given by a manager shall be the period beginning on the commencement of the fifth year and ending on the expiration of the fifth year of the tenure period of that manager.

(b)  Subject to section 47A(5) of the Act, where, on the date of the making of these regulations, less than two years of a manager's tenure period remains to be served, the period within which a prescribed notification shall be given by such manager shall be the period beginning on the date of the making of these regulations and ending 6 months following that date.

(3) Subject to section 47A(6)(a) of the Act, the period by which the tenure period of a manager who gives the prescribed notification referred to in section 47A(2) of the Act shall be extended shall be 3 years.

(4) Section 47A(4) of the Act shall not apply to the following offices:

(a) the office of Dublin City Manager and Town Clerk;

(b) the office of Cork County Manager;

(c) the office of Cork City Manager and Town Clerk;

(d) the office of Dún Laoghaire-Rathdown County Manager;

(e) the office of Fingal County Manager; and

(f) the office of South Dublin County Manager.

(5) Article 21 or 78, as appropriate, of the Local Government (Superannuation) (Consolidation) Scheme, 1998 ( S.I. No. 455 of 1998 ) shall not apply to a manager whose tenure period is extended by section 47A of the Act and who ceases to hold office before the expiration of his or her tenure period as so extended.

SCHEDULE

Notification for the purposes of section 47A(2) of the Local Government Act, 1991 (as inserted by section 1 of the Local Government Act, 2000 )

EXTENSION OF PERIOD OF OFFICE OF MANAGER

............................................................ ............................................................ ............................(Name of Local Authority)

To: The Cathaoirleach,

............................................................ .............................County/City Council.

1. I,............................................................ ............................................................ ............................ ,County/City Manager

of............................................................ ............................................................ ............................ ,County/City Council, hereby give notification under section 47A of the Local Government Act, 1991 .

2.  I understand that, pursuant to section 47A(4) of the Local Government Act, 1991 , I cannot apply for appointment to any office of manager during the period commencing on the date of this notification and ending six months prior to the expiration of my tenure period, as extended by section 47A of the Local Government Act, 1991 , with the exception of any office specified for the time being for the purposes of section 47A(3)(d) of the Local Government Act, 1991 .

3.  I also understand that, pursuant to article 3(5) of the Local Government (Tenure of Office of Managers) Regulations, 2000, article 21 or 78, as appropriate, of the Local Government (Superannuation) (Consolidation) Scheme, 1998 shall not apply to me if I cease to hold office before the expiration of my tenure period, as extended by section 47A of the Local Government Act, 1991 .

Signed:____________________________________

Date:____________________________________

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations make provision in relation to the extension of tenure of office of certain managers of local authorities.