Local Elections (Petitions and Disqualifications) Act, 1974

Modification of restriction on holding office or being employed under local authorities and certain related bodies.

25.—(1) (a) The Minister may for the purpose of paragraph (b) of this subsection by order designate a class, description or grade of offices or employments.

(b) For so long as an order under this subsection is in force, section 21 (1) of the Local Government Act, 1955 , shall not apply as regards an office or employment which is of a class, description or grade designated by the order.

(2) (a) The Minister for Education may, after consultation with the Minister, for the purpose of paragraph (b) of this subsection by order designate a class, description or grade of offices or employments.

(b) For so long as an order under this subsection is in force, section 70 (1) of the Local Government Act, 1925 , as applied by section 26 of the Vocational Education Act, 1930 , shall not apply as regards an office or employment which is of a class, description or grade designated by the order.

(3) (a) The Minister for Agriculture and Fisheries may, after consultation with the Minister, for the purpose of paragraph (b) of this subsection by order designate a class, description or grade of offices or employments.

(b) For so long as an order under this subsection is in force section 70 (1) of the Local Government Act, 1925 , as applied by section 20 of the Agriculture Act, 1931 , shall not apply as regards an office or employment which is of a class, description or grade designated by the order.

(4) The Minister of State by whom an order under this section (including an order under this subsection) is made may by order amend or revoke the order; provided that in case the Minister of State concerned is not the Minister, an order under this subsection shall only be made after consultation with the Minister.

(5) Every order made before the 1st day of July, 1975, under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(6) Section 70 (1) of the Local Government Act, 1925 , as applied by section 26 of the Vocational Education Act, 1930 , or by section 20 of the Agriculture Act, 1931 , shall have effect as if “or within twelve months after he has ceased to be” were deleted.

(7) Where an order under this section is proposed to be made on or after the 1st day of July, 1975, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each House of the Oireachtas.