Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

• Jurisdiction: Ireland
• Year: 2024
• Citation: IR No. 7/2024

Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

2024 7

An Act to provide for the establishment of an office of mayor for the administrative area of Limerick City and County Council and the election of a person to that office; to provide for the conferral of certain functions on the said mayor; to provide for ancillary structural changes in connection with the governance of that administrative area by Limerick City and County Council; to provide for the holding of plebiscites on the question of providing for the creation of offices of mayors for the administrative areas in relation to which such plebiscites are held and the election by the electors of those administrative areas of persons to such offices; for those purposes to amend the Electoral Act 1992, the Electoral Act 1997, the Litter Pollution Act 1997, the Electoral (Amendment) Act 2004, the Electoral (Amendment) Act 2006 and the Electoral Reform Act 2022, to apply with modifications and amend the Local Government Act 2001, and to repeal Part 6 of the Local Government Act 2019; to extend the circumstances within which a person may apply for an affordable dwelling purchase arrangement under the Affordable Housing Act 2021 and for that purpose to amend that Act; to provide for consultation with the Public Appointments Service prior to a declaration under the Local Government Act 2001 in relation to qualifications in respect of certain posts in the local government sector and for that purpose to further amend that Act; to increase the borrowing limit of the Housing Finance Agency and for that purpose to amend the Housing Finance Agency Act 1981; to extend the power of the Minister for Finance to direct the National Treasury Management Agency to pay money to the Land Development Agency in certain circumstances and for that purpose to amend the National Treasury Management Agency (Amendment) Act 2014; to provide for the raising of certain funds by the Land Development Agency and for that purpose to amend the Land Development Agency Act 2021; and to provide for matters connected therewith.

[6 March 2024]

Be it enacted by the Oireachtas as follows:

1 Short title, collective citation and commencement

(1) This Act may be cited as the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024.

(2) (a) This Act, other than Part 5 and sections 65, 66, 67 and 69, and the Local Government Acts 1925 to 2023 may be cited together as the Local Government Acts 1925 to 2024.

(b)

Section 65 and the Housing Acts 1966 to 2021 may be cited together as the Housing Acts 1966 to 2024.

(c)

Section 66 and the Housing Finance Agency Acts 1981 to 2007 may be cited together as the Housing Finance Agency Acts 1981 to 2024, and shall be read together as one.

(d)

Section 67 and the National Treasury Management Agency Acts 1990 to 2022 may be cited together as the National Treasury Management Agency Acts 1990 to 2024, and shall be construed together as one.

(3) This Act, other than sections 66, 67 and 69, shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

2 Interpretation

(1) In this Act—

“Act of 1992” means the Electoral Act 1992;

“Act of 2000” means the Planning and Development Act 2000;

“Act of 2022” means the Electoral Reform Act 2022;

“administrative area” has the same meaning as it has in the Principal Act;

“Cathaoirleach” has the same meaning as it has in the Principal Act;

“chief executive”, other than in section 20, subsection (2) of section 33, subsection (2) of section 34, and Part 6, means the chief executive of Limerick City and County Council who holds employment in accordance with section 144 of the Principal Act;

“Commission” means An Coimisiún Toghcháin;

“consultative forum” has the meaning assigned to it by section 30;

“director general” has the meaning assigned to it by section 26;

“elected council”, other than in Part 6, means the elected council (within the meaning of the Principal Act) of Limerick City and County Council;

“enactment” has the same meaning as it has in the Interpretation Act 2005;

“establishment day” shall be construed in accordance with section 8;

“Leas-Chathaoirleach” has the same meaning as it has in the Principal Act;

“Leas-Phríomh Chomhairleoir” shall be construed in accordance with section 24;

“Limerick” shall be construed in accordance with subsection (2) of section 10 of, and Part 3 of Schedule 5 to, the Principal Act;

“Limerick City and County Council” shall be construed in accordance with subsection (3) of section 11 of, and Part 3 of Schedule 5 to, the Principal Act;

“local authority” has the same meaning as it has in the Principal Act;

“Local Elections Regulations” means the Local Elections Regulations 1995 (S.I. No. 297 of 1995);

“Mayor” has the meaning assigned to it by section 9;

“mayoral by-election” has the meaning assigned to it by section 13;

“meetings administrator” has, in relation to Limerick City and County Council, the same meaning as it has in the Principal Act;

“Minister” means the Minister for Housing, Local Government and Heritage;

“ordinary day of retirement”, in relation to the outgoing members of Limerick City and County Council, has the same meaning as it has in the Principal Act;

“prescribed” means prescribed by regulation made by the Minister under this Act;

“Principal Act” means the Local Government Act 2001;

“Príomh Chomhairleoir” shall be construed in accordance with section 22;

“vesting day” means the day on which the term of office of the person first elected as Mayor commences in accordance with subsection (5) of section 9.

(2) Any public notice required by this Act to be given by a returning officer may be given by any method which the returning officer thinks necessary or desirable for the purpose of bringing to the attention of the public the matter so required to be notified.

3 Orders and regulations

(1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed or for the purpose of enabling any provision of this Act to have full effect.

(2) Where a provision of this Act requires or authorises the Minister to make regulations, such regulations may—

(a)

make different provision for different circumstances or cases, classes or types, and

(b)

contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every order (other than an order under section 1, 8, 47, 48 or 63) and regulation (other than a regulation made under section 49) made by the Minister under this Act 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 or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4 Saver

(1) Anything commenced, but not completed, before the vesting day by or under the authority of the chief executive or the Cathaoirleach may, in so far as it relates to a function that, on the vesting day, vests in the Mayor under section 10, be carried on or completed on or after that day by the Mayor.

(2) Every act done, every decision made, every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function that, on the vesting day, vests in the Mayor under section 10, shall, if and in so far as it was operative immediately before the vesting day, have effect on and after that day as if it had been done, made or granted by the Mayor.

(3) Anything commenced, but not completed, before the vesting day by or under the authority of the Cathaoirleach may, in so far as it relates to a function that, on the vesting day, vests in the Príomh Chomhairleoir under section 23, be carried on or completed on or after that day by the Príomh Chomhairleoir.

(4) Every act done, every decision made, every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function that, on the vesting day, vests in the Príomh Chomhairleoir under section 23, shall, if and in so far as it was operative immediately before the vesting day, have effect on and after that day as if it had been done, made or granted by the Príomh Chomhairleoir.

(5) Anything commenced, but not completed, before the vesting day by or under the authority of the Leas-Chathaoirleach may, in so far as it relates to a function that, on the vesting day, vests in the Leas-Phríomh Chomhairleoir under section 25, be carried on or completed on or after that day by the Leas-Phríomh Chomhairleoir.

(6) Every act done, every decision made, every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function that, on the vesting day, vests in the Leas-Phríomh Chomhairleoir under section 25, shall, if and in so far as it was operative immediately before the vesting day, have effect on and after that day as if it had been done, made or granted by the Leas-Phríomh Chomhairleoir.

5 Application of Principal Act to Limerick

5. The Principal Act shall apply to—

(a) Limerick, and

(b) Limerick City and County Council,

subject to the modifications specified inSchedule 3 and any other necessary modifications.

6 Expenses

6. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure...