Local Government Act, 2001


Ethical Framework for the Local Government Service

Interpretation (Part 15).

166.—(1) In this Part, except where the context otherwise requires—

“actual knowledge” means actual, direct and personal knowledge as distinct from constructive, implied or imputed knowledge and includes, in relation to a fact, belief in its existence the grounds for which are such that a reasonable person who is aware of them could not doubt or disbelieve that the fact exists;

“appropriate period” means—

(a) in the case of a first declaration of a person to whom section 167 (1) applies, the period which ended 12 months up to and including the date of his or her first declaration, and

(b) in the case of subsequent declarations, the period between the date of his or her last previous declaration and the date of the next subsequent declaration;

“Commission” means the Public Offices Commission established by section 21 of the Ethics in Public Office Act, 1995 , or any body established in place of such Commission;

“connected person” means a brother, sister, parent or spouse of the person or a child of the person or of the spouse;

“declarable interest” has the meaning set out in section 175 ;

“employee”, in relation to a local authority, means an employee to whom this Part applies and, subject to subsection (2), includes a manager for a local authority unless otherwise specified;

“ethics registrar” has the meaning given by section 173 (1);

“gift” includes a gift of money or other property;

“property” means real or personal property;

“relevant code of conduct” means the National Code of Conduct for Local Authority Members or the National Code of Conduct for Local Authority Employees, which are referred to in section 169 ;

“return period” means a period not exceeding 28 days from the commencement date specified in the relevant notice issued by the ethics registrar under section 174 or such other period as may be prescribed by regulations made by the Minister under section 171 (4);

“spouse”, in relation to a person, includes a person with whom the first-mentioned person is cohabiting.

(2) For the purposes of this Part—

(a) a manager shall be deemed to be an employee of every local authority for which he or she is manager,

(b) an employee of a local authority who, by virtue of an arrangement or agreement entered into under this Act or any other enactment, is performing duties under or in respect of another local authority, shall be deemed to be also an employee of the other authority.

(3) 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 section 171 and sections 175 to 179 be deemed also to be a member of the other company.