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Reference No.
(1)
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Provision
(2)
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Amendment
(3)
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1
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Section 2(1)
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Before definition of “Act of 2000”
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Insert:
“ ‘2014 establishment day’ means the day appointed by order under
section 8
of the Local Government Reform Act 2014 to be the establishment day for the purposes of that Act;”.
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2
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Definition of “administrative area”
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Substitute:
“ ‘administrative area’ means an area standing established under section 10 for the purposes of local government and which is—
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(a) a county in the case of a county council,
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(b) a city in the case of a city council,
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(c) a city and county in the case of a city and county council;”.
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3
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After definition of “Cathaoirleach”
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Insert:
“ ‘chief executive’ means a chief executive for the purposes of section 144;”.
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4
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Definition of “city council”
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Substitute:
“ ‘city council’ means a local authority to which section 11(2) (b) relates;”.
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5
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After definition of “city council”
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Insert:
“ ‘city and county council’ means a local authority to which section 11(2) (c) relates;”.
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6
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Definition of “city development board”
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Delete.
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7
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Definition of “county council”
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Substitute:
“ ‘county council’ means a local authority to which section 11(2) (a) relates;”.
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8
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Definition of “county development board”
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Delete.
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9
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Definition of “joint body”
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Delete:
“(a) a joint library committee,”.
Delete:
“(d) a joint burial board,”.
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10
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Definition of “Local Government Commission”
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Delete.
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11
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Definition of “local authority”
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Substitute:
“ ‘local authority’ means—
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(a) in relation to a municipal district, the county council or the city and county council in which the municipal district is situated, and
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(b) in every other case—
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(i) a county council,
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(ii) a city council,
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(iii) a city and county council;”.
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12
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After definition of “local consultative committee”
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Insert:
“ ‘local economic and community plan’ means a plan to which sections 66A to 66H relate;”.
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13
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Definition of “manager”
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Delete.
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14
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After definition of “Minister”
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Insert:
“ ‘municipal district’ shall be read in accordance with section 22A;
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‘municipal district members’ shall be read in accordance with section 22B;”.
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15
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Definition of “rating authority”
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Substitute:
“ ‘rating authority’ means—
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(a) a county council,
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(b) a city council, or
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(c) a city and county council;”.
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16
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Definition of “reserved function”
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Substitute:
“ ‘reserved function’ shall be read in accordance with sections 131 and 131A;”.
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17
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After definition of “structure”
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Insert:
“ ‘transfer date’ has the meaning given in
section 23
of the Local Government Reform Act 2014. ”.
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18
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Interpretation given to “town council”
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Delete.
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19
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Section 11
Subsection (8)
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Substitute “chief executive” for “manager”.
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20
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Subsection (14)
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Substitute “chief executive’s order” for “manager’s order”.
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21
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Section 14
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Substitute:
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“14. A person shall not hold membership simultaneously of more than one local authority.”.
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22
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Section 15
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Insert after subsection (1):
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“(1A) Subsection (1) applies to a member of a local authority in performing functions as a municipal district member in the same manner as it applies to a member of a local authority in performing functions as a member of a local authority or a member of the council of a local authority.”.
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23
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Section 18(5)
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Substitute:
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“(5) In relation to a local authority, attendance as a member at a meeting of—
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(a) any committee or joint committee or joint body of the authority, or
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(b) the municipal district members,
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shall be deemed for the purposes of subsection (4) to be attendance at a meeting of the authority.”.
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24
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Section 20(1)
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Substitute:
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“(1) The acts, decisions and proceedings of a local authority or of the municipal district members shall not be invalidated only because of a vacancy or vacancies in its membership or of the disqualification or want of qualification of any of its members.”.
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25
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Section 22
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Subsection (1)
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Substitute for paragraph (a):
“(a) A county council, a city council or a city and county council may by resolution adopt a proposal (in this section referred to as a ‘proposal’) for the alteration of the number of members of that council.”.
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26
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Subsection (2)
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Delete “county council or city council” and substitute “county council, city council or city and county council”.
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27
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Subsection (3)
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Substitute:
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“(3) Before deciding whether to make an order under subsection (2), the Minister shall request a committee in accordance with
section 32
of the
Local Government Act 1991
to prepare a report with respect to the application and Part V of that Act applies to such a request and report.”.
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28
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Subsection (5)
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Delete.
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29
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Subsection (6)
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Substitute:
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“(6) An application under this section shall not be made to the Minister within 5 years of—
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(a) the commencement of
section 15
of the Local Government Reform Act 2014 (which inserts a new Schedule 7 to this Act), or
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(b) the decision by the Minister on any previous application by the local authority concerned,
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whichever is the later.”.
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30
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Section 25
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Subsection (1)
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Substitute for paragraph (c):
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“(c) at an election of the members of more than one local authority held at the same local elections, or”.
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31
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Subsection (1)
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Delete paragraph (e).
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32
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Subsection (2)
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Delete.
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33
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Section 27(2)
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Substitute for paragraph (r):
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“(r) election of the same person in more than one local electoral area or to more than one local authority;”.
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34
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Section 28
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Subsection (1)
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Substitute:
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“(1) In this section the ‘chief executive’ means—
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(a) in relation to any part of a polling district situated in a city, the chief executive for the city,
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(b) in relation to any part of a polling district situated in a county, the chief executive for the county,
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(c) in relation to any part of a polling district situated in a city and county, the chief executive for the city and county.”.
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35
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Subsection (2)
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Substitute for paragraph (a):
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“(a) the alteration of the boundary of a local authority, or”.
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36
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Subsection (2)
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Substitute for paragraph (b) (i):
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“(i) dividing a county, city or city and county into local electoral areas, or”.
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37
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Subsection (3)
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Substitute “chief executive” for “manager”.
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38
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Subsection (5)
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Substitute “chief executive” for “manager”.
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39
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Subsection (6)
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Substitute “chief executive” for “manager”.
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40
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Subsection (4)
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Substitute “county, city or city and county” for “county or city”.
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41
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Section 30
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Delete.
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42
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Section 31
Subsection (1)
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Insert “and the municipal district members” after “each local authority”.
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43
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Subsection (2)
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Substitute for subsection (2):
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“(2) The holders of the offices of Cathaoirleach and Leas-Chathaoirleach shall as appropriate be styled—
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(a) in the case of a county council, in the Irish language ‘Cathaoirleach Chontae.......’ and ‘Leas-Chathaoirleach Chontae.......’ followed by the name of the county in Irish, and in the English language ‘Cathaoirleach of the County of.......’ and ‘Leas-Chathaoirleach of the County of.......’ followed by the name of the county in English,
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(b) in the case of a city council, in the Irish language ‘Cathaoirleach Chathair.......’ and ‘Leas-Chathaoirleach Chathair.......’ followed by the name of the city in Irish, and in the English language ‘Cathaoirleach of the City of.......’ and ‘Leas-Chathaoirleach of the City of.......’ followed by the name of the city in English,
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(c) in the case of a city and county council, in the Irish language ‘Cathaoirleach Chathair agus Chontae.......’ and ‘Leas-Chathaoirleach Chathair agus Chontae.......’ followed by the name of the city and county in Irish, and in the English language ‘Cathaoirleach of the City and County of.......’ and ‘Leas-Chathaoirleach of the City and County of.......’ followed by the name of the city and county in English,
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(d) in the case of a municipal district whose area contains the area of a city council dissolved by the Local Government Reform Act 2014, in the Irish language ‘Cathaoirleach Cheantar Cathrach.......’ and ‘Leas-Chathaoirleach Cheantar Cathrach.......’ followed by the name of the municipal district in Irish, and in the English language ‘Cathaoirleach of the Metropolitan District of.......’ and ‘Leas-Chathaoirleach of the Metropolitan District of.......’ followed by the name of the municipal district in English,
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(e) in the case of a municipal district whose area contains the area of a borough council in being (other than in respect of the borough of Kilkenny) immediately before the transfer date as provided for by the Local Government Reform Act 2014, in the Irish language ‘Cathaoirleach Cheantar Buirge.......’ and ‘Leas-Chathaoirleach Cheantar Buirge.......’ followed by the name of the municipal district in Irish, and in the English language ‘Cathaoirleach of the Borough District of.......’ and ‘Leas-Chathaoirleach of the Borough District of.......’ followed by the name of the municipal district in English,
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(f) in the case of a municipal district whose area contains the area of the borough of Kilkenny in being immediately before the transfer date as provided for by the Local Government Reform Act 2014, in the Irish language ‘Cathaoirleach Cheantar Bardasach Chathair Chill Chainnigh’ and ‘Leas-Chathaoirleach Cheantar Bardasach Chathair Chill Chainnigh’ and in the English language ‘Cathaoirleach of the Municipal District of Kilkenny City’ and ‘Leas-Chathaoirleach of the Municipal District of Kilkenny City’,
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(g) in the case of a municipal district to which paragraph (d), (e) or (f) does not apply, in the Irish language ‘Cathaoirleach Cheantar Bardasach.......’ and ‘Leas-Chathaoirleach Cheantar Bardasach.......’ followed by the name of the municipal district in Irish, and in the English language ‘Cathaoirleach of the Municipal District of.......’ and ‘Leas-Chathaoirleach of the Municipal District of.......’ followed by the name of the municipal district in English.
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44
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Subsections (4) to (7)
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Substitute:
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“(4) (a) The Cathaoirleach of a local authority shall take precedence at all meetings of the local authority.
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(b) The Cathaoirleach of a municipal district shall take precedence at all meetings and proceedings of the municipal district members.
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(5) Anything authorised or required by this Act or otherwise by law to be done by, to or with the Cathaoirleach may where necessary be done by, to or with the Leas-Chathaoirleach of the local authority or the Leas-Chathaoirleach of the municipal district, as the case may be.
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(6) The Cathaoirleach may, where the Leas-Chathaoirleach is unavailable, nominate from among the other members of the local authority or the municipal district members, as the case may be, a member for the purpose of representing the Cathaoirleach at any ceremony or event in that capacity and that member shall be entitled to act in that capacity for such purpose.
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(7) Where a casual vacancy occurs in the office of Cathaoirleach of a local authority or of a municipal district, as the case may be, the Leas-Chathaoirleach shall assume the responsibilities of the office pending the election in accordance with this Part of a Cathaoirleach.”.
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45
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Section 33(1)
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Substitute:
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“(1) The Cathaoirleach or Leas-Chathaoirleach may resign from that office by notice in writing signed by him or her and delivered to the principal offices of the local authority which, in the case of a municipal district, is the principal offices of the local authority concerned.”.
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46
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Section 46
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Substitute “chief executive” for “manager”.
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47
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Section 48
Subsection (1)
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Delete “being a county council or city council”.
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48
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Section 49
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Delete.
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49
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Section 52
Subsection (5)
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Substitute in paragraph (d) “chief executive” for “manager”.
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50
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Subsection (9)
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Substitute “chief executive” for “manager”.
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51
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Part 8 (sections 55 to 62)
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Delete.
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52
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Section 66
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Insert after subsection (10):
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“(11) A decision of a local authority to make a charge under subsection (10) is a reserved function.
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(12) The performance by a local authority of functions under this section is subject to the performance by a Local Community Development Committee of so much of those functions as are deemed to have been delegated to the Committee by virtue of section 128B(2).”.
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53
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Section 68(4)
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Substitute in paragraph (b) (ii) “chief executive” for “manager”.
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54
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Section 70
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Delete.
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55
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Section 71
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Substitute:
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“ Objective of unified service to the public
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71. Without prejudice to section 69, the elected members of a local authority, in the performance of functions in respect of the authority as a whole and in respect of municipal districts situated in the county or city and county concerned, shall take such steps as may be practicable to maximise effectiveness and efficiency in all aspects of the operations and services of the local authority, including customer service to the public generally.”.
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56
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Section 73
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Substitute:
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“ Saver (functional area)
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73. Subject to section 72 and Chapter 5 of this Part and to Parts 2 and 3 of the Local Government Reform Act 2014, nothing in this Act affects the definition in any other enactment (however expressed or implied) of the functional area of a local authority for the purposes of a function conferred by that enactment.”.
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57
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Section 77
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Substitute:
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“ Library authorities
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77. Each of the following is a library authority:
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(a) a county council;
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(b) a city council;
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(c) a city and county council;
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and references to ‘library authority’ shall be read accordingly.”.
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58
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Section 81(1)
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Substitute:
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Definition of “functional area”
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“ ‘functional area’ means—
(a) a county, or
(b) so much of the area of the city and county that does not comprise of the area of a dissolved local authority area of a city council;”.
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59
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Section 84
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Delete.
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60
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Part 11 (sections 89 to 95)
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Delete.
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61
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Section 99
Subsection (2)
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Substitute “chief executive” for “manager” in both places where it occurs.
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62
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Subsection (3)
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Substitute “chief executive” for “manager” in both places where it occurs.
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63
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Section 102
Subsection (4)
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Substitute “chief executive” for “manager”.
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64
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Section 103
Subsection (2)
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Substitute in paragraph (a) “chief executive” for “manager”.
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65
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Subsection (3)
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Substitute “chief executive” for “manager” in each place where it occurs.
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66
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Subsection (4)
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Substitute “chief executive” for “manager”.
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67
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Subsection (6)
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Substitute “14 days” for “21 days”.
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68
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Section 104
Subsection (3)
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Substitute “chief executive” for “manager”.
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69
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Subsection (4)
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Substitute in paragraph (a) “chief executive” for “manager”.
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70
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Subsection (6)
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Substitute “chief executive” for “manager”.
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71
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Subsection (7)
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Substitute “chief executive” for “manager”.
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72
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Section 108(3)
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Substitute “chief executive” for “manager”.
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73
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Section 112(1)
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Substitute in paragraph (b) “chief executive” for “manager” in both places where it occurs.
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74
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Section 120(4)
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Substitute “chief executive” for “manager” in both places where it occurs.
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75
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Section 121(1)
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Substitute “chief executive” for “manager”.
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76
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Section 122(7)
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Substitute “chief executive” for “manager”.
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77
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Section 129
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Delete.
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78
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Section 129I
Subsection (5)
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Substitute in paragraph (a) “chief executive” for “manager”.
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79
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Subsection (5)
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Substitute in paragraph (b) “chief executive” for “manager”.
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80
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Section 133
Subsection (3)
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Substitute “chief executive” for “manager”.
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81
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Subsection (4)
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Substitute in paragraph (a) “chief executive” for “manager”.
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82
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Subsection (5)
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Substitute in paragraph (a) “chief executive” for “manager” in both places where it occurs.
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83
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Subsection (5)
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Substitute in paragraph (b) “chief executive” for “manager”.
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84
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Subsection (6)
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Substitute in paragraph (a) “chief executive” for “manager” in each place where it occurs.
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85
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Subsection (6)
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Substitute in paragraph (e) “chief executive” for
“manager”.
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86
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Subsection (7)
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Substitute “chief executive” for “manager”.
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87
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Subsection (9)
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Substitute “chief executive” for “manager”.
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88
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Section 134
Subsection (3)
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Substitute “chief executive” for “manager”.
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89
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Subsection (4)
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Substitute in paragraph (a) “chief executive” for “manager”.
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90
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Subsection (4)
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Substitute in paragraph (b) (ii) “chief executive” for “manager”.
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91
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Subsection (5)
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Substitute in paragraph (b) (ii) “chief executive” for “manager”.
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92
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Subsection (11)
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Substitute in paragraph (a) “chief executive” for “manager”.
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93
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Section 135(1)
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Substitute “chief executive” for “manager”.
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94
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Section 136
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Substitute “chief executive” for “manager” in each place where it occurs.
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95
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Section 137
Subsection (1)
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Substitute “chief executive” for “manager”.
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96
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Subsection (2)
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Substitute “chief executive” for “manager”.
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97
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Section 138
Subsection (1)
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Substitute “chief executive” for “manager”.
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98
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Subsection (2)
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Substitute “chief executive” for “manager” in both places where it occurs.
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99
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Subsection (3)
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Substitute “chief executive” for “manager”.
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100
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Subsection (4)
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Substitute “chief executive” for “manager”.
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101
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Subsection (5)
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Substitute “chief executive” for “manager”.
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102
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Section 139(2)
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Substitute “chief executive” for “manager”.
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103
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Section 140
Subsection (2)
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Substitute “chief executive” for “manager”.
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104
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Subsection (3)
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Substitute “chief executive” for “manager” in both places where it occurs.
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105
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Subsection (4)
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Substitute “chief executive” for “manager”.
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106
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Subsection (5)
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Substitute “chief executive” for “manager”.
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107
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Subsection (6)
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Substitute “chief executive” for “manager”.
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108
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Subsection (9)
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Substitute “chief executive” for “manager”.
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109
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Section 151
Subsection (1)
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Substitute “chief executive” for “manager” in both places where it occurs.
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110
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Subsection (2)
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Substitute in paragraph (a) “chief executive” for
“manager”.
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111
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Subsection (2)
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Substitute in paragraph (d) “chief executive” for “manager”.
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112
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Subsection (3)
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Substitute “chief executive” for “manager” in both places where it occurs.
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113
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Subsection (4)
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Substitute “chief executive” for “manager”.
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114
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Subsection (5)
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Substitute “chief executive” for “manager” in both places where it occurs.
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115
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Subsection (6)
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Substitute “chief executive” for “manager” in each place where it occurs.
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116
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Subsection (7)
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Substitute “chief executive” for “manager” in each place where it occurs.
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117
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Subsection (8)
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Substitute “chief executive” for “manager”.
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118
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Subsection (10)
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Substitute “chief executive” for “manager”.
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119
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Section 152
Subsection (1)
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Substitute “chief executive” for “manager” in both places where it occurs.
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120
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Subsection (2)
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Substitute “chief executive” for “manager” in each place where it occurs.
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121
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Subsection (3)
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Substitute “chief executive” for “manager” in both places where it occurs.
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122
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After subsection (3)
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Insert:
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“(3A) This section applies to the chief executive of a local authority in respect of meetings of a municipal district of the local authority in the same manner as it applies to meetings of that authority.”.
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123
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Subsection (4)
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Substitute “chief executive” for “manager” in both places where it occurs.
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124
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Section 153
Subsection (1)
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Substitute “chief executive” for “manager”.
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125
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Subsection (2)
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Substitute “chief executive” for “manager”.
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126
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Section 154
Subsection (1)
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Substitute “chief executive” for “manager”.
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127
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Subsection (2)
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Substitute “chief executive” for “manager” in each place where it occurs.
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128
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Subsection (3)
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Substitute in paragraph (a) “chief executive” for “manager”.
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129
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Subsection (3)
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Substitute in paragraph (c) “chief executive” for “manager” in both places where it occurs.
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130
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Subsection (4)
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Substitute “chief executive” for “manager” in both
places where it occurs.
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131
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Subsection (5)
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Substitute “chief executive” for “manager”.
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132
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Subsection (6)
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Substitute “chief executive” for “manager”.
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133
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Section 159
Subsection (1)
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Substitute “chief executive” for “manager”.
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134
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Subsection (2)
|
Substitute “chief executive” for “manager”.
|
|
135
|
Subsection (3)
|
Substitute in paragraph (a) “chief executive” for “manager”.
|
|
136
|
Section 166
Subsection (1)
Definition of “employee”
|
Substitute “chief executive” for “manager”.
|
|
137
|
Subsection (2)
|
Substitute in paragraph (a) “chief executive” for “manager” in both places where it occurs.
|
|
138
|
Section 167
Subsection (1)
|
Substitute in paragraph (c) “chief executive” for “manager”.
|
|
139
|
Section 174
Subsection (7)
|
Substitute “chief executive” for “manager” in each place where it occurs.
|
|
140
|
Subsection (8)
|
Substitute in paragraph (b) (ii) “chief executive” for “manager”.
|
|
141
|
Section 176
Subsection (1)
|
Substitute “the performance by the local authority concerned, or any municipal district members for that authority, of any functions” for “the performance by the local authority of any of its functions”.
|
|
142
|
Subsection (2)
|
Substitute “the performance by the local authority, or by municipal district members, of any functions” for “the performance by the authority of any of its functions”.
|
|
143
|
Section 179
Subsection (1)
|
Substitute in paragraph (a) “chief executive” for “manager”.
|
|
144
|
Subsection (2)
|
Substitute in paragraph (b) “chief executive” for “manager” in both places where it occurs.
|
|
145
|
Subsection (2)
|
Substitute in paragraph (c) “chief executive” for “manager” in both places where it occurs.
|
|
146
|
Subsection (3)
|
Substitute “chief executive” for “manager”.
|
|
147
|
Section 180
Subsection (3)
|
Substitute for paragraph (a) (i):
“(i) a chief executive, it shall be furnished to the Cathaoirleach of the local authority concerned,”.
|
|
148
|
Subsection (3)
|
Substitute in paragraph (a) (ii) “chief executive” for “manager”.
|
|
149
|
Subsection (3)
|
Substitute in paragraph (a) (iii) “chief executive” for “manager”.
|
|
150
|
Subsection (3)
|
Substitute in paragraph (a) (iv) “chief executive” for “manager” in both places where it occurs.
|
|
151
|
Subsection (3)
|
Substitute in paragraph (a) (v) “chief executive” for “manager”.
|
|
152
|
Subsection (4)
|
Substitute in paragraph (b) “chief executive” for “manager” in both places where it occurs.
|
|
153
|
Subsection (4)
|
Substitute in paragraph (c) “chief executive” for “manager”.
|
|
154
|
Part 17 (sections 185 to 187)
|
Delete.
|
|
155
|
Part 18 (sections 188 to 194, inserted by section 48 of the
Environment (Miscellaneous Provisions) Act 2011
)
|
|
|
|
Section 188 (as so inserted)
Definition of “functional area”
|
Substitute:
“ ‘functional area’ means as respects—
(a) a city council, the city,
(b) a county council, the county,
(c) a city and county council, the city and county;”.
|
|
156
|
Definition of “locality” (as so inserted)
|
Substitute:
“ ‘locality’ means a part (other than a town, townland or street) of a county, city, city and county, or town in respect of which a name (other than the name of the county, city, city and county, or town concerned) is in common use;”.
|
|
157
|
Definition of “non-municipal town” (as so inserted)
|
Delete.
|
|
158
|
Interpretation given to “placename” (as so inserted)
|
Substitute:
“ ‘placename’ includes the name of a county, city, city and county, town, village, barony, parish, townland, street or locality, district, region or place, as described in a map produced by Ordnance Survey Ireland;”.
|
|
159
|
Section 198
|
Substitute:
|
|
|
Subsection (1)
Definition of “functional area”
|
“ ‘functional area’ means as respects—
(a) a city council, the city,
(b) a county council, the county,
(c) a city and county council, the city and county;”.
|
|
160
|
Section 214(5)
|
Substitute “chief executive” for “manager” in both places where it occurs.
|
|
161
|
Section 216(1)
|
Substitute in paragraph (c) “14 days” for “21 days”.
|
|
162
|
Section 221
Subsection (1)
|
In paragraph (a) substitute “every local authority” for “, every county council and city council”.
|
|
163
|
Subsection (1)
|
In paragraph (a) substitute “the local authority concerned” for “the county council or city council, as the case may be,”.
|
|
164
|
Subsection (1)
|
In paragraph (b) substitute “the local authority concerned” for “the county council or city council concerned”.
|
|
165
|
Subsection (2)
|
Substitute “local authority” for “county council or city council” in each place where it occurs.
|
|
166
|
Subsection (2)
|
In paragraph (b) substitute:
|
|
|
|
“(b) such particulars as are required by sections 48, 66, 66G, 49A(7), 75, 76, 126D(9), 134, 134A(6) and 228;”.
|
|
167
|
Subsection (3)
|
Substitute:
|
|
|
|
“(3) (a) The adoption by a county council or city council of its annual report is a reserved function.
|
|
|
|
(b) The approval of information to be included in an annual report in relation to the performance of functions by municipal district members is a reserved function.”.
|
|
168
|
Subsection (4)
|
Substitute “local authority” for “county council or city council” in each place where it occurs.
|
|
169
|
Subsection (5)
|
Substitute:
“(5) An annual report prepared by a county council or a city and county council shall include information in relation to the performance of functions by the municipal district members in respect of each municipal district situated within its county or city and county, as the case may be.”.
|
|
170
|
Section 223
Subsection (1)
|
Substitute “local authority” for “county, city or town”.
|
|
171
|
Section 227
Subsection (1A)
|
Insert new subsection:
“(1A) In subsection (1) the reference to the maritime boundary of a county or city includes, where the context admits, the maritime boundary of a city and county which is the successor authority (within the meaning of the Local Government Reform Act 2014) to a county and to a city, and references in this section to a county or city shall be read accordingly.”.
|
|
172
|
Subsection (2)
|
Delete in paragraph (b) “any town or”.
|
|
173
|
Section 228
Subsection (1)
|
Delete.
|
|
174
|
Section 229(3)
|
Substitute “chief executive” for “manager” in both places where it occurs.
|
|
175
|
Section 230
|
Delete.
|
|
176
|
Section 231
Subsection (2)
|
Substitute the following for paragraph (a):
“(a) In this subsection ‘the relevant local authorities’ means the local authorities which are liable to provide funds to the joint drainage committee concerned.”.
|
|
177
|
Subsection (3)
|
Substitute in paragraph (a) “chief executive” for “manager”.
|
|
178
|
Section 234(1)
|
Substitute “chief executive” for “manager”.
|
|
179
|
Schedule 2
|
In column 2, opposite the reference to “administrative county” to substitute the following:
|
|
|
|
“County, and where the other enactment concerned so requires, also includes a reference to a city or to a city and county.”.
|
|
180
|
Schedule 6
|
Delete.
|
