Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024
What is this act about?
This law establishes the office of Mayor for the administrative area of Limerick City and County Council and outlines the process for electing a person to this position. It also includes various other provisions related to local government.
Who it applies to: Residents and voters within the administrative area of Limerick City and County Council; Individuals who may seek or hold the office of Mayor of Limerick, Príomh Chomhairleoir, Leas-Phríomh Chomhairleoir, director general, or deputy director general in Limerick.
At a glance
- Country
- Ireland
- Area of law
- Constitutional law and human rights
- Articles
- 106
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The creation and functions of the Mayor of Limerick.
- The election process for the Mayor, including nominations, voting, and counting of votes.
- Structural changes within the local government of Limerick, such as the abolition of the Cathaoirleach and Leas-Chathaoirleach roles.
- Provisions for plebiscites on the direct election of Mayors in other areas.
Who does this act apply to?
- Residents and voters within the administrative area of Limerick City and County Council.
- Individuals who may seek or hold the office of Mayor of Limerick, Príomh Chomhairleoir, Leas-Phríomh Chomhairleoir, director general, or deputy director general in Limerick.
What are the key points?
- An office of Mayor for Limerick City and County Council is established.
- The Act details the election process for the Mayor, including rules for voting and electoral offences.
- The roles of Cathaoirleach and Leas-Chathaoirleach of the council are abolished.
- The Act provides for plebiscites (public votes) on the direct election of Mayors in other areas.
Constitutional law and human rights
Constitutional law and human rights
Legal text
Legal text
Contents (106)
- Section 1
- Section 2
- Section 3
- Section 4
- Section 5
- Section 6
- Section 7
- Section 8
- Section 9
- Section 10
- Section 11
- Section 12
- Section 13
- Section 14
- Section 15
- Section 16
- Section 17
- Section 18
- Section 19
- Section 20
- Section 21
- Section 22
- Section 23
- Section 24
- Section 25
- Section 26
- Section 27
- Section 28
- Section 29
- Section 30
- Section 31
- Section 32
- Section 33
- Section 34
- Section 35
- Section 36
- Section 37
- Section 38
- Section 39
- Section 40
- Section 41
- Section 42
- Section 43
- Section 44
- Section 45
- Section 46
- Section 47
- Section 48
- Section 49
- Section 50
- Section 51
- Section 52
- Section 53
- Section 54
- Section 55
- Section 56
- Section 57
- Section 58
- Section 59
- Section 60
- Section 61
- Section 62
- Section 63
- Section 64
- Section 65
- Section 66
- Section 67
- Section 68
- Section 69
- Section 70
- Section 71
- Section 72
- Section 73
- Section 74
- Section 75
- Section 76
- Section 77
- Section 78
- Section 79
- Section 80
- Section 81
- Section 82
- Section 83
- Section 84
- Section 85
- Section 86
- Section 87
- Section 88
- Section 89
- Section 90
- Section 91
- Section 92
- Section 93
- Section 94
- Section 95
- Section 96
- Section 97
- Section 98
- Section 99
- Section 100
- Section 101
- Section 102
- Section 103
- Section 104
- Section 105
- Section 106
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PART 1
Preliminary and General Section
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
PART 2
Mayor of Limerick
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
PART 3
Other Structural Changes
Section 21
Section 22
Section 23
Section 24
Section 25
Section 26
Section 27
Section 28
PART 4
Additional Functions of Mayor and Mayoral Office Structures
Section 29
Section 30
Section 31
Section 32
Section 33
Section 34
Section 35
PART 5
Amendment of Certain Enactments in Connection with Election of Mayor
Section 36
Section 37
Section 38
Section 39
Section 40
Section 41
Section 42
Section 43
Section 44
Section 45
PART 6
Plebiscites on Direct Election of Mayors
Section 46
Section 47
Section 48
Section 49
Section 50
Section 51
Section 52
Section 53
Section 54
PART 7
Removal of Mayor from Office
Section 55
Section 56
Section 57
Section 58
Section 59
Section 60
Section 61
Section 62
Section 63
Section 64
PART 8
Miscellaneous Provisions
Section 65
Section 66
Section 67
Section 68
Section 69
PART 1
Enactments for Purposes of Sections 10 and 23
PART 2
Enactments for Purposes of Sections 10 and 26 SCHEDULE 2
PART 1
Election of Mayor
Chapter 1
Preliminary and General
Chapter 2
Returning Officer
Chapter 3
Manner of voting
Chapter 4
Nominations
Chapter 5
Agents of candidates
Chapter 6
Death of candidate
Chapter 7
Postal voting
Chapter 8
Voting by Special Voters
Chapter 9
Arrangements for Poll
Chapter 10
Poll
Chapter 11
Arrangement for counting of votes
Chapter 12
Rules for counting of votes
Chapter 13
Retention, inspection and disposal of documents
Chapter 14
Electoral offences
Chapter 15
Petitions
PART 2
Form of Ballot Paper SCHEDULE 3 Application of Principal Act to Limerick Acts Referred to Abattoirs Act 1988 (No. 8) Affordable Housing Act 2021 (No. 25) Air Pollution Act 1987 (No. 6) Animal Health and Welfare Act 2013 (No. 15) Building Control Act 1990 (No. 3) Building Societies Act 1989 (No. 17) Central Bank Act 1971 (No. 24) Civil Defence Act 2023 (No. 17) Climate Action and Low Carbon Development Act 2015 (No. 46) Control of Dogs Act 1986 (No. 32) Control of Horses Act 1996 (No. 37) Coroners Act 1962 (No. 9) County Enterprise Boards (Dissolution) Act 2014 (No. 4) Credit Union Act 1997 (No. 15) Criminal Justice (Corruption Offences) Act 2018 (No. 9) Dangerous Substances Act 1972 (No. 10) Data Protection Act 2018 (No. 7) Derelict Sites Act 1990 (No. 14) Dog Breeding Establishments Act 2010 (No. 29) Electoral (Amendment) Act 2004 (No. 15) Electoral (Amendment) Act 2006 (No. 33) Electoral Act 1992 (No. 23) Electoral Act 1997 (No. 25) Electoral Reform Act 2022 (No. 30) Environmental Protection Agency Act 1992 (No. 7) European Parliament (Irish Constituency Members) Act 2009 (No. 17) European Parliament Elections Act 1997 (No. 2) Explosives Act 1875 (38 & 39 Vict., c. 17) Finance (No. 2) Act 1992 (No. 28) Finance Act 1993 (No. 13) Fire Services Act 1981 (No. 30) Food Safety Authority of Ireland Act 1998 (No. 29) Freedom of Information Act 2014 (No. 30) Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (No. 26) Housing (Miscellaneous Provisions) Act 1979 (No. 27) Housing (Miscellaneous Provisions) Act 1992 (No. 18) Housing (Miscellaneous Provisions) Act 1997 (No. 21) Housing (Miscellaneous Provisions) Act 2009 (No. 22) Housing (Miscellaneous Provisions) Act 2014 (No. 21) Housing (Traveller Accommodation) Act 1998 (No. 33) Housing Act 1966 (No. 21) Housing Act 1988 (No. 28) Housing Acts 1966 to 2021 Housing Finance Agency Act 1981 (No. 37) Housing Finance Agency Acts 1981 to 2007 Interpretation Act 2005 (No. 23) Intoxicating Liquor Act 1953 (No. 30) Intoxicating Liquor Act 1960 (No. 18) Land Development Agency Act 2021 (No. 26) Litter Pollution Act 1997 (No. 12) Local Authorities (Mutual Assurance) Act 1926 (No. 34) Local Authorities (Officers and Employees) Act 1926 (No. 39) Local Authorities (Traffic Wardens) Act 1975 (No. 14) Local Authorities (Works) Act 1949 (No. 17) Local Elections (Disclosure of Donations and Expenditure) Act 1999 (No. 7) Local Elections (Petitions and Disqualifications) Act 1974 (No. 8) Local Elections Acts 1963 to 1992 Local Elections Acts 1974 to 2014 Local Government (Financial Provisions) (No. 2) Act 1983 (No. 21) Local Government (Financial Provisions) Act 1997
(No. 29) Local Government (Multi-Storey Buildings) Act 1988 (No. 29) Local Government (Sanitary Services) Act 1948 (No. 3) Local Government (Sanitary Services) Act 1964 (No. 29) Local Government (Superannuation) Act 1980 (No. 8) Local Government (Water Pollution) Act 1977 (No. 1) Local Government Act 1941 (No. 23) Local Government Act 1991 (No. 11) Local Government Act 1998 (No. 16) Local Government Act 2001 (No. 37) Local Government Act 2019 (No. 1) Local Government Acts 1925 to 2023 Local Government Rates and Other Matters Act 2019 (No. 24) Maritime Safety Act 2005 (No. 11) Maternity Protection Act 1994 (No. 34) Merchant Shipping (Registration of Ships) Act 2014 (No. 43) Ministerial and Parliamentary Offices Acts 1938 to 2018 National Monuments (Amendment) Act 1954 (No. 37) National Treasury Management Agency (Amendment) Act 2014 (No. 23) National Treasury Management Agency Acts 1990 to 2022 Official Languages Act 2003 (No. 32) Oireachtas (Allowances to Members) (Amendment) Act 1994 (No. 21) Oireachtas (Allowances to Members) Acts 1938 to 1998 Organisation of Working Time Act 1997 (No. 20) Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c.93) Planning and Development Act 2000 (No. 30) Policing, Security and Community Safety Act 2024 (No. 1) Poor Relief (Ireland) Act 1838 (1 & 2 Vict., c. 56.) Presidential Elections Act 1993 (No. 28) Prompt Payment of Accounts Act 1997 (No. 31) Protected Disclosures Act 2014 (No. 14) Public Health (Ireland) Act 1878 (41 & 42 Vict., c. 52) Referendum Act 1994 (No. 12) Remediation of Dwellings Damaged by the use of Defective Concrete Blocks Act 2022 (No. 28) Residential Tenancies Act 2004 (No. 27) Roads Act 1993 (No. 14) Seanad Electoral (Panel Members) Act 1947 (No. 42) Seanad Electoral (University Members) Act 1937 (No. 30) Social Welfare Consolidation Act 2005 (No. 26) Statutory Declarations Act 1938 (No. 37) Succession Act 1965 (No. 27) Trustee Savings Banks Act 1989 (No. 21) Urban Regeneration and Housing Act 2015 (No. 33) Waste Management Act 1996 (No. 10) Water Environment (Abstractions and Associated Impoundments) Act 2022 (No. 48) Water Services Act 2007 (No. 30) Welfare of Greyhounds Act 2011 (No. 29) Wildlife (Amendment) Act 2000 (No. 38) Wildlife Act 1976 (No. 39) Number 7 of 2024 LOCAL GOVERNMENT (MAYOR OF LIMERICK) AND MISCELLANEOUS PROVISIONS ACT 2024 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. [6th March, 2024] Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General Short title, collective citation and commencement 1. (1) This Act may be cited as the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024.
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.
Interpretation 2. (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 .
Orders and regulations 3. (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.
Saver 4. (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.
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 in Schedule 3 and any other necessary modifications.
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, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas.
Review of Act 7. (1) The Minister shall, not later than 3 years after the establishment day, conduct a review of the operation and effectiveness of this Act and shall, not later than 3 months after the end of that period of 3 years, or on the completion of the review, whichever is the earlier, make a report, in writing, to each House of the Oireachtas of the findings of the review and of the conclusions drawn from those findings.
PART 2
Mayor of Limerick Establishment day 8. The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.
Mayor of Limerick 9. (1) There shall be a mayor in respect of the administrative area of Limerick City and County Council, who— (a) shall be known, in the Irish language, as Méara Luimnigh and, in the English language, as the Mayor of Limerick, and (b) is referred to in this Act as “Mayor”.
Part 1
of Schedule 2 the result of the poll at the mayoral by-election and ending on the next ordinary day of retirement.
Functions of Mayor 10. (1) All functions (other than functions conferred by or under an enactment specified in
Part 1
of Schedule 1 ) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.
Part 2
of Schedule 1 ) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.
Part 1
of Schedule 1 ) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
Part 2
of Schedule 1 ) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
Effect of election as Mayor at mayoral by-election on membership of local authority 11. (1) Subject to subsection (1) of section 17 , a person who, while being a member of a local authority, is elected in circumstances to which subsection (3) of section 13 applies by way of mayoral by-election to the office of Mayor shall, notwithstanding section 17 of the Principal Act, upon the day immediately following the day on which the returning officer declares under subparagraph (2) of paragraph 29 or paragraph 54 of
Part 1
of Schedule 2 the result of the poll at the mayoral by-election concerned, cease to be such a member.
Resignation of Mayor 12. The Mayor may resign from office by notice in writing signed by him or her and delivered to the principal offices of Limerick City and County Council and the resignation shall take effect on the day specified in the notice or, where no such day is specified, on receipt of such notice by Limerick City and County Council.
Vacancies 13. (1) The Mayor ceases to hold office and a vacancy in the office of Mayor occurs— (a) upon removal of the Mayor from office in accordance with
Part 7
, (b) upon the death or resignation (in accordance with section 12 ) of the Mayor, (c) upon the Mayor becoming disqualified for membership of a local authority or for holding the office of Mayor of Limerick under section 13, 13A or 182 of the Principal Act, (d) upon the Mayor becoming disqualified for membership of a local authority under section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act 1999 , or (e) upon an order under paragraph (b) of subsection (4) of section 17 of the Criminal Justice (Corruption Offences) Act 2018 for the forfeiture of the office of the person as a member of the local authority taking effect under subsection (6) of that section.
Part 1
of Schedule 2 the result of the poll at the mayoral by-election held consequent upon the occurrence of that vacancy.
Temporary absence 14. (1) A temporary absence occurs in the office of Mayor where the Mayor is absent from office and the absence is— (a) occasioned by the Mayor taking leave in accordance with the Maternity Protection Act 1994 , (b) due to illness, or (c) in good faith for another reason.
Remuneration 15. (1) Limerick City and County Council shall pay to the Mayor such remuneration as it may, from time to time, with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine.
Funding for performance of functions of Mayor 16. In each financial year, the Minister shall advance to the Mayor out of moneys provided by the Oireachtas such amount or amounts as the Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine for the purposes of expenditure by the Mayor in the performance of his or her functions under this Act.
Membership of council 17. (1) The Mayor shall be, ex officio, a member of Limerick City and County Council.
Part 7
or under section 132, 138, 139 or 140 of the Principal Act (as modified by this Act).
Staff of Mayor 18. The director general, after consultation with the Mayor, shall assign not more than 4 or, for any period during which no special adviser stands appointed under section 19 , not more than 5 employees of Limerick City and County Council to assist the Mayor in the performance of his or her functions.
Special adviser to Mayor 19. (1) The Mayor may appoint a person who, in the opinion of the Mayor, has experience and expertise in relation to matters to which the functions of special adviser under this section relate, to be a special adviser to the Mayor.
Amendments to Principal Act relating to office of Mayor 20. The Principal Act is amended— (a) in section 13— (i) by the insertion, after subsection (1), of the following subsections: “(1A) Subject to subsection (2), a person to whom subsection (1) applies, other than a person referred to in paragraph (b) or (e) of that subsection, is disqualified from being elected to the office of Mayor of Limerick. (1B) Subject to subsection (2), a person to whom subsection (1) applies is disqualified from holding the office of Mayor of Limerick.”, and (ii) in subsection (2)— (I) by the substitution, in paragraph (a), of “subsection (1), (1A) or (1B) in respect of a person to whom subsection (1)(k) applies” for “subsection (1)(k)”, (II) by the substitution, in paragraph (b), of “subsection (1), (1A) or (1B) in respect of a person to whom subsection (1)(l) applies” for “subsection (1)(l)”, and (III) by the substitution, in paragraph (c), of “subsection (1), (1A) or (1B) in respect of a person to whom subsection (1)(m) applies” for “subsection (1)(m)”, (b) in section 13A, by the insertion, after subsection (1), of the following subsection: “(1A) A person to whom subsection (1) applies is not disqualified from being elected to the office of Mayor of Limerick, but is disqualified from holding that office.”, (c) in section 19— (i) by the insertion, in subsection (1), of the following paragraphs after paragraph (a): “(aa) upon the cessation of membership of a member of a local authority under subsection (1) of section 11 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024, (ab) in the case of a person who, at the same time, is elected to the office of Mayor of Limerick and as a member of a local authority, on the ordinary day of retirement next following the election concerned,”, and (ii) by the substitution, in subsection (3), of “a person (other than the Mayor of Limerick)” for “a person” in each place where it occurs, (d) in section 19A, by the substitution, in subsection (3), of “a person (other than the Mayor of Limerick)” for “a person” in each place where it occurs, (e) in section 182— (i) in subsection (1)(a), by the insertion of “and from being elected to or holding the office of Mayor of Limerick” after “local authority”, and (ii) in subsection (2)— (I) by the insertion of “or acts as Mayor of Limerick while disqualified from holding that office by virtue of this section,” after “this section,”, and (II) by the insertion of “or of the Mayor of Limerick, as the case may be” after “concerned”,
and (f) in Schedule 7, by the substitution, in Part 3, of “41 (including the Mayor of Limerick)” for “40”.
PART 3
Other Structural Changes Abolition of office of Cathaoirleach and Leas-Chathaoirleach of council 21. On the vesting day, the offices of Cathaoirleach of Limerick City and County Council and Leas-Chathaoirleach of that council shall stand abolished.
Príomh Chomhairleoir 22. (1) Limerick City and County Council shall have a chairperson who shall, subject to subsection (2), be elected and hold office in accordance with Part 5 of the Principal Act and who shall be known as the Príomh Chomhairleoir of Limerick City and County Council and is, in this Act, referred to as the “Príomh Chomhairleoir”.
Functions of Príomh Chomhairleoir 23. (1) All functions conferred by or under an enactment specified in
Part 1
of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.
Part 1
of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.
Leas-Phríomh Chomhairleoir 24. (1) Limerick City and County Council shall have a vice-chairperson who shall, subject to subsection (2), be elected and hold office in accordance with Part 5 of the Principal Act and who shall be known as the Leas-Phríomh Chomhairleoir of Limerick City and County Council and is, in this Act, referred to as the “Leas-Phríomh Chomhairleoir”.
Functions of Leas-Phríomh Chomhairleoir 25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.
Director general 26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.
Part 2
of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.
Delegation of functions of Mayor to director general 27. (1) The Mayor may by instrument in writing delegate any of his or her functions, other than functions vested in him or her by virtue of subsection (1) of section 10 or functions performable by him or her as a member of the elected council, to the director general.
Deputy director general 28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.
PART 4
Additional Functions of Mayor and Mayoral Office Structures Definitions (Part 4) 29. (1) In this Part— “Act of 2015” means the Climate Action and Low Carbon Development Act 2015 ; “delivery board” has the meaning assigned to it by section 33 ; “Limerick City and County Development Plan” means a development plan under subsection (1) of section 9 of the Act of 2000 relating to Limerick which is, for the time being, in force; “Limerick-Shannon metropolitan area strategic plan” means the part of the regional spatial and economic strategy for the Southern Region relating to the area referred to in that strategy as the Limerick-Shannon Metropolitan Area; “Mayoral programme” has the meaning assigned to it by section 31 ; “National Development Plan” means the National Development Plan 2021-2030 published by the Government on 4 October 2021 or any document published by the Government which amends or replaces that plan; “National Planning Framework” has the same meaning as it has in the Act of 2000; “ordinary meeting” has the meaning assigned to it in paragraph 1 of Schedule 10 to the Principal Act; “public body” means— (a) a Minister of the Government, (b) a local authority, (c) a body (other than a company) established by or under an enactment, or (d) a company established pursuant to a power conferred by or under an enactment, and financed wholly or partly by— (i) moneys provided, or loans made or guaranteed, by a Minister of the Government, or (ii) the issue of shares held by or on behalf of a Minister of the Government; “regional spatial and economic strategy” means a regional spatial and economic strategy made under Chapter III of Part II of the Act of 2000; “transport sub-group” has the meaning assigned to it by section 34 .
Limerick Mayoral and Government Consultative Forum 30. (1) There shall stand established on the vesting day a forum to be known as the Limerick Mayoral and Government Consultative Forum (in this Act referred to as the “consultative forum”) to advise the Minister in relation to any matter that affects, or is likely to affect, Limerick or the performance of the functions of the Mayor.
Mayoral programme 31. (1) The Mayor shall, within the period of 4 months from the commencement of his or her term of office, prepare and publish a programme (to be known, and in this Part referred to, as the “Mayoral programme”) setting out the key objectives and priorities for his or her term of office.
Limerick Mayoral Advisory and Implementation Committee 32. (1) The Mayor shall, not later than 2 months from the commencement of his or her term of office and, in the case of the dissolution of a committee under subsection (9), not later than 2 months after that dissolution, establish a committee to be known as the “Limerick Mayoral Advisory and Implementation Committee” to perform the functions conferred on it by or under this Act.
Part 1
of Schedule 2 the result of the poll at the mayoral by-election.
Limerick Project Ireland 2040 Delivery Board 33. (1) On the commencement of this section there shall stand established a committee to be known as the Limerick Project Ireland 2040 Delivery Board (in this Part referred to as the “delivery board”) to perform the functions conferred on it by or under this Act.
Limerick Project Ireland 2040 Delivery Board Transport Sub-Group 34. (1) Without prejudice to the generality of subsection (9) of section 33 , the delivery board shall, within 3 months of its establishment, establish a subcommittee which shall be known as the Limerick Project Ireland 2040 Delivery Board Transport Sub-Group (in this section referred to as the “transport sub-group”) to perform the functions conferred on it by this section.
Consultation with Mayor 35. (1) The Mayor may request, in writing, a Minister of the Government to— (a) provide specified information to the Mayor, or (b) consult with the Mayor, in relation to any policy of that Minister or any enactment under which that Minister performs functions that, in the opinion of the Mayor, is having, or is likely to have, an impact on Limerick or Limerick City and County Council.
PART 5
Amendment of Certain Enactments in Connection with Election of Mayor Amendment of Seanad Electoral (University Members) Act 1937 36. The Seanad Electoral (University Members) Act 1937 is amended by the insertion of the following section after section 29A: “Cesser of membership of Seanad in certain circumstances 29B. Where a member of Seanad Éireann for a university constituency is deemed to be elected as Mayor of Limerick under paragraph 54 of Chapter 12 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024, he or she shall thereupon cease to be such member and a vacancy shall exist accordingly in the membership of Seanad Éireann.”.
Amendment of Seanad Electoral (Panel Members) Act 1947 37. The Seanad Electoral (Panel Members) Act 1947 is amended by the insertion of the following section after section 80A: “Cesser of membership of Seanad in certain circumstances 80B. Where a member of Seanad Éireann elected under this Act is deemed to be elected as Mayor of Limerick under paragraph 54 of Chapter 12 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024, he or she shall thereupon cease to be such member and a vacancy shall exist accordingly in the membership of Seanad Éireann.”.
Amendment of Act of 1992 38. The Act of 1992 is amended— (a) in section 2, by the insertion, in subsection (1), of the following definitions: “ ‘Limerick City and County Electoral Area’ has the same meaning as it has in
Part 1
of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024; ‘Limerick mayoral election’ means an election, including a mayoral by-election, held in accordance with
Part 1
of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024; ‘plebiscite’ has the same meaning as it has in
Part 6
of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024;”, (b) in section 11, by the substitution, in subsection (2), of “European, local or Limerick mayoral election or a referendum or plebiscite” for “European or local election or a referendum”, (c) in section 13— (i) by the substitution, in subsection (1), of “local elections, Limerick mayoral elections or plebsicites,” for “local elections,”, (ii) by the substitution, in subsection (2), of “, referendum or plebiscite” for “or referendum”, and (iii) by the insertion, in subsection (5), of “or plebiscite” after “referendum” in each place it occurs, (d) in section 14— (i) by the substitution, in paragraph (c) of subsection (2), of “European, local or Limerick mayoral election, or a referendum or plebiscite” for “European or local election, or a referendum”, and (ii) by the substitution, in subsection (2), of “that election, referendum or plebiscite” for “that election or referendum”, (e) in section 15C— (i) by the substitution of “election, referendum or plebiscite” for “election or a referendum”, (ii) by the substitution of “election, referendum or plebiscite,” for “election or referendum,” in each place it occurs, and (iii) by the substitution of “elections, referendums or plebiscites.” for “elections or referendums.”, (f) in section 15D, in subsection (6)— (i) by the substitution of “election, referendum or plebiscite” for “election or a referendum”, and (ii) by the substitution of “election, referendum or plebiscite.” for “election or referendum.”, (g) in section 17, by the substitution— (i) in subsection (1), of “, at a local election in accordance with Part VIII of the Local Elections Regulations 1995 ( S.I. No. 297 of 1995 ), at a Limerick mayoral election in accordance with
Part 1
of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 or at a plebiscite in accordance with
Part 6
of that Act” for “or at a local election in accordance with Part VIII of the Local Elections Regulations 1995 ( S.I. No. 297 of 1995 )”, and (ii) in subsection (6), of “European, local or Limerick mayoral election or a referendum or plebiscite,” for “European or local election, or a referendum,” and of “that election, referendum or plebiscite,” for “that election or referendum,”, (h) in section 17A, by the substitution of the following subparagraph for subparagraph (ii) of paragraph (a) of subsection (4): “(ii) shall, if an order appointing polling day is made in the case of a Dáil, presidential, European, local or Limerick mayoral election, or a referendum or plebiscite, and the person will reach 18 years on a day that falls during the period beginning on the last day on which applications for entry in the register can be received and ending on polling day in the case of such an election, referendum or plebiscite, enter the name of the person on the register of electors published for the purpose of the election, referendum or plebiscite, as the case may be, or election and referendum and plebiscite, in respect of which the order appointing polling day was made, and”, (i) in section 28, by— (i) the substitution, in subsection (1), of “, local elections, Limerick mayoral elections and plebiscites” for “and local elections”, and (ii) the insertion of the following subsection after subsection (8): “(8A) The scheme in operation under this section on the commencement of section 38 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 shall apply for the purposes of a Limerick mayoral election or a plebiscite until such time as the next scheme under this section comes into operation.”, (j) in section 42, by— (i) the substitution, in paragraph (c) of subsection (1), of “Comptroller and Auditor General, or” for “Comptroller and Auditor General,”, and (ii) the insertion of the following paragraph after paragraph (c): “(d) is deemed to be elected as Mayor of Limerick under paragraph 54 of Chapter 12 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024,”, (k) in section 164, by— (i) the substitution, in subsection (1), of “local elections, Limerick mayoral elections in accordance with Part 1 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 or at a plebiscite in accordance with Part 6 of that Act” for “local elections, a plebiscite under Part 6 of the Local Government Act 2019
”, and (ii) in subsection (3), by the substitution, in subparagraph (ii) of paragraph (d), of “elections or a referendum or plebiscite” for “elections or a referendum” and “Local Elections Acts 1963 to 1992, the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024” for “Local Elections Acts, 1963 to 1992,”, (l) in section 165, by— (i) the substitution, in paragraph (g) of subsection (1), of “Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024;” for “ Local Government Act 2019 .”, (ii) the insertion, in the said subsection (1), of the following paragraph after paragraph (g): “(h) the poll at a Limerick mayoral election.”, and (iii) the substitution, in paragraph (f) of subsection (2), of “Limerick mayoral election or plebiscite under
Part 6
of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024” for “or plebiscite under Part 6 of the Local Government Act 2019 ”, (m) in the Second Schedule— (i) in Rule 1, by— (I) the substitution of “election, referendum or plebiscite” for “election or referendum” in each place it occurs, and (II) by the substitution, in paragraph (3), of “election, a referendum or a plebiscite” for “election or a referendum”, (ii) in Rule 7, by the substitution, in paragraph (2), of “election, referendum or plebiscite” for “election or referendum” in both places it occurs, (iii) in Rule 13, by— (I) the substitution, in clause (iv) of subparagraph (b) of paragraph (1) of “referendum,” for “referendum, or”, (II) the substitution, in clause (v) of subparagraph (b) of paragraph (1) of “election,” for “election.”, (III) the insertion, in paragraph (1), of the following clauses in subparagraph (b): “(vi) under paragraph 6 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 in the case of a Limerick mayoral election, or (vii) under section 47 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 in the case of a plebiscite under Part 6 of that Act.”, (IV) the substitution, in subparagraph (c) of paragraph (2), of “constituency,” for “constituency, and”, (V) the substitution, in subparagraph (d) of paragraph (2), of “relates, and” for “relates.”, and (VI) the insertion, in paragraph (2), of the following subparagraph after subparagraph (d): “(e) each member of the Limerick City and County Council for the Limerick City and County Electoral Area to which the register relates.”, (iv) in Rule 14, by— (I) the substitution of the following clause for clause (iii) of subparagraph (a) of paragraph (4): “(iii) each candidate duly nominated— (I) for the local electoral area at a local election, or (II) for the Limerick City and County Electoral Area at a Limerick mayoral election.”, (II) the substitution of the following subparagraph for subparagraph (d) of paragraph (4): “(d) such number of copies of the register for each Dáil constituency or part of a Dáil constituency or for a local electoral area or for the Limerick City and Council Electoral Area, as the case may be, as the returning officer at a Dáil election, a local election, a Limerick mayoral election or a plebiscite or the local returning officer at a presidential election or a referendum requires for the purpose of his or her duties as returning officer or local returning officer, as the case may be, at that election or referendum,”,
(III) the substitution of “registration area,” for “registration area, or” in clause (ii) of subparagraph (f) of paragraph (4), (IV) the substitution of the following clause for clause (iii) of subparagraph (f) of paragraph (4): “(iii) for a local electoral area in the registration area, or”, (V) the insertion of the following clause after clause (iii) of subparagraph (f) of paragraph (4): “(iv) for the Limerick City and County Electoral Area at a Limerick mayoral election.”, and (VI) the substitution, in paragraph (5), of “to the returning officer at a Dáil election, a local election, a Limerick mayoral election or a plebiscite, the local returning officer at a presidential election or a referendum” for “to the returning officer at a Dáil election or a local election, the local returning officer at a presidential election or a referendum.”, and (v) in Rule 39, in subparagraph (b) of paragraph (2), by— (I) the substitution of “election, referendum or plebiscite” for “election or referendum” in each place it occurs, and (II) the substitution of “or all,” for “or both,”.
Amendment of Electoral Act 1997 39. The Electoral Act 1997 is amended— (a) in section 2— (i) by the substitution, in subsection (1), of the following definition for the definition of “election”: “ ‘election’, except in Parts VII and VIII, means, as the context may require, a Dáil election, a European election or a Limerick mayoral election or any combination thereof;”, (ii) by the insertion, in subsection (1), of the following definition: “ ‘Limerick mayoral election’ means an election, including a mayoral by-election, held in accordance with Schedule 2 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024;”, (iii) by the substitution, in subsection (1), of the following definition for the definition of “political party”: “‘political party’, except in Parts VI and IX, means a political party registered in the Register of Political Parties in accordance with Chapter 6 of Part 2 of the Electoral Reform Act 2022 as a party organised to contest— (a) an election for membership of Dáil Éireann, (b) an election for membership of the European Parliament, or (c) a Limerick mayoral election;”, and (iv) by the substitution, in subsection (1), in the definition of “polling day”, of “local election or a Limerick mayoral election” for “local election”, (b) in section 3, by the substitution, in subsection (1), of “, 53, 93, 94, 95, 96, 97, 98, 100, 101, 103 or 107” for “or 53”, (c) in section 4, by— (i) the substitution, in subsection (1), of “, 56, 95 and 106” for “and 56”, (ii) the substitution, in subsection (2), of “, 56, 95 or 106” for “or 56”, (iii) the substitution, in paragraph (a) of subsection (3), of— (I) “, 56, 95 or 106” for “or 56”, (II) “sections 23 or 94” for “section 23”, and (III) “, VI or X” for “or VI”, (iv) the substitution, in paragraph (c) of subsection (3), of “, VI or X” for “or VI” in both places where it occurs, (v) the substitution— (I) in paragraph (a) of subsection (6), of “, VI or X” for “or VI”, (II) in paragraph (b) of that subsection, of “, VI or X” for “or VI”, and (vi) the substitution, in subsection (7), of “, VI or X” for “or VI”, (d) in section 4B, by— (i) the substitution, in subsection (1), of “, IX or X” for “or IX”, (ii) the substitution, in subsection (9), of “, IX or X” for “or IX”, and (iii) the substitution, in subsection (10), of “, 92(1)(e), 113(2)(d), 113(2)(e), 113(4)(a), 113(4)(b), 113(4)(c), 113(4)(d) and 113(4)(e)” for “and 92(1)(d)”, (e) in section 18, by the substitution, in subsection (2), of “the Local Elections Acts 1974 to 2014, the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024” for “the Local Elections Acts, 1974 to 1997”,
(f) in section 22, by— (i) the substitution, in paragraph (a) of subsection (2), of “House of the Oireachtas, the Mayor of Limerick, a representative in the European Parliament or a third party or a candidate at a Dáil, Seanad, Limerick mayoral or European election” for “House of the Oireachtas, a representative in the European Parliament or a third party or a candidate at a Dáil, Seanad or European election”, (ii) the substitution, in subparagraph (vi) of paragraph (a) of subsection (2), of “House of the Oireachtas, the Mayor of Limerick, a representative in the European Parliament or a third party or a candidate at a Dáil, Seanad, Limerick mayoral or European election” for “House of the Oireachtas, a representative in the European Parliament or a third party or a candidate at a Dáil, Seanad or European election”, (iii) the substitution, in subparagraph (vii) of paragraph (a) of subsection (2), of “Dáil, Seanad, Limerick mayoral or European election” for “Dáil, Seanad or European election”, (iv) the substitution, in paragraph (aa) of subsection (2), in the definition of “political purposes”, of— (I) “House of the Oireachtas, the Mayor of Limerick” for “House of the Oireachtas” in clause (I) of subparagraph (i), (II) “House of the Oireachtas, the Mayor of Limerick” for “House of the Oireachtas” in clause (II) of subparagraph (i), (III) “House of the Oireachtas, the Mayor of Limerick” for “House of the Oireachtas” in clause (III) of subparagraph (i), and (IV) “Dáil, Seanad, Limerick mayoral or European election” for “Dáil, Seanad or European election” in subparagraph (ii), (v) the substitution, in paragraph (aa) of subsection (2), in the definition of “third party”, of “ Electoral Reform Act 2022 , the Mayor of Limerick” for “ Electoral Reform Act 2022 ”, (vi) the substitution, in clause (I) of subparagraph (iii) of paragraph (b) of subsection (2), of “House of the Oireachtas, the Mayor of Limerick” for “House of the Oireachtas”, (vii) the substitution, in subparagraph (iv) of paragraph (b) of subsection (2), of “a political party, the Mayor of Limerick, a member of either House of the Oireachtas or a representative” for “a political party or a member of either House of the Oireachtas or a representative”, (viii) the substitution, in subparagraph (vi) of paragraph (b) of subsection (2), of “House of the Oireachtas, the Mayor of Limerick” for “House of the Oireachtas”, (ix) the substitution, in subparagraph (ii) of paragraph (c) of subsection (2), of “House of the Oireachtas, the Mayor of Limerick” for “House of the Oireachtas”, and
(x) the substitution, in subparagraph (i) of paragraph (d) of subsection (2), of “House of the Oireachtas or the Mayor of Limerick” for “House of the Oireachtas”, (g) in section 23, by— (i) the substitution, in subsection (1), of “member of either House of the Oireachtas, the Mayor of Limerick,” for “member of either House of the Oireachtas,”, and (ii) the substitution, in subsection (2), of “member of either House of the Oireachtas, the Mayor of Limerick,” for “member of either House of the Oireachtas,”, (h) in section 23A, by— (i) the deletion, in subsection (1), of “or” in paragraph (e), (ii) the substitution, in that subsection, of “unit, or” for “unit,” in paragraph (f), (iii) the insertion, in that subsection, of the following new paragraph after paragraph (f): “(g) the Mayor of Limerick,”, (iv) the substitution, in that subsection, of “(c) or (g)” for “or (c)”, and (v) the substitution, in paragraph (i) of subsection (3), of “House of the Oireachtas, the Mayor of Limerick,” for “House of the Oireachtas,”, (i) in section 23AA, by— (i) the substitution, in paragraph (c) of subsection (1), of “, European or Limerick mayoral election” for “or European election”, (ii) the deletion, in paragraph (e) of subsection (1), of “or”, (iii) the substitution, in paragraph (f) of subsection (1), of “unit, or” for “unit,”, (iv) the insertion, in subsection (1), of the following paragraph after paragraph (f): “(g) the Mayor of Limerick,”, (v) the substitution, in paragraph (a) of subsection (5), of “House of the Oireachtas, the Mayor of Limerick,” for “House of the Oireachtas,”, and (vi) the substitution, in paragraph (b) of subsection (5), of “European or Limerick mayoral election” for “or European election”, (j) in section 23AB, by— (i) the substitution, in paragraph (c) of “, European or Limerick mayoral election” for “or European election”, (ii) the deletion, in paragraph (e), of “or”, (iii) the substitution, in paragraph (f), of “unit, or” for “unit,”, and (iv) the insertion of the following paragraph after paragraph (f): “(g) the Mayor of Limerick,”, (k) in section 23B, by— (i) the substitution, in subsection (1), of “House of the Oireachtas, the Mayor of Limerick,” for “House of the Oireachtas,”, and (ii) the substitution, in subsection (3), of “House of the Oireachtas, the Mayor of Limerick,” for “House of the Oireachtas,”, (l) in section 23D, by the substitution, in paragraph (a) of subsection (2), of “(a) to (g)” for “(a) to (f)”, (m) in section 24, by the substitution, in paragraph (a) of subsection (1), of “was a member of either House of the Oireachtas, the Mayor of Limerick or a representative in the European Parliament shall furnish to the Standards in Public Office Commission a written statement, in the form directed by the said Commission, in respect of the preceding year indicating whether during that year the member, Mayor or representative” for “was a member of either House of the Oireachtas or a representative in the European Parliament shall furnish to the Standards in Public Office Commission a written statement, in the form directed by the said Commission, in respect of the preceding year indicating whether during that year the member or representative”,
(n) in section 24A, by— (i) the substitution, in paragraph (a) of subsection (1), of “European, local election or Limerick mayoral election” for “European or local election”, and (ii) the insertion, in paragraph (b) of that subsection, of the following new subparagraph: “(iv) the Mayor of Limerick, or”, (o) in section 25, by the substitution, in subsection (1), of “a member of either House of the Oireachtas, the Mayor of Limerick, a representative in the European Parliament” for “a member of either House of the Oireachtas, a representative in the European Parliament”, (p) in section 26, by— (i) the substitution, in subsection (1), of “, 46 or 93” for “or 46”, and (ii) the substitution, in paragraph (c) of subsection (2), of “subparagraph (vi) of paragraph (a) of subsection (2) of section 22 or subparagraph (vi) of paragraph (a) of subsection (2) of section 46 or subparagraph (iv) of paragraph (b) of the definition of donation in subsection (1) of section 93” for “subsection (2)(a)(vi) of section 22 or subsection (2)(a)(vi) of section 46”, (q) in section 73, by— (i) the substitution, in paragraph (b), of— (I) “section 23 and 94” for “section 23”, and (II) “24, 48 and 95” for “24 or 48”, (ii) the substitution, in paragraph (c), of “36, 56 and 106” for “36 or 56”, (r) in section 83, by the insertion of the following definition: “ ‘political party’ means a political party registered in the Register of Political Parties in accordance with Chapter 6 of Part 2 of the Electoral Reform Act 2022 as a party organised to contest an election for membership of Dáil Éireann or an election for membership of the European Parliament or both such elections;”, and (s) the insertion of the following Part after Part IX: “PART X SPENDING AND DONATIONS AT ELECTION OF MAYOR OF LIMERICK Interpretation 93. (1) In this Part— ‘account’ means an account in an institution in the State for the purpose of crediting and debiting money received in respect of donations; ‘candidate’ means a person who on or before the date of the making of an order under paragraph 6 of
Part 1
of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 appointing the polling day at a Limerick mayoral election is declared by himself or herself or by others to be a candidate at that election; ‘Commission’ means the Standards in Public Office Commission; ‘donation’ has the same meaning as it has in section 22(2)(a); ‘election expenses’ means all expenses set out in the Schedule incurred in the provision of property, goods or services for use at a Limerick mayoral election during the period referred to in section 101(2) in order— (a) to promote or oppose, directly or indirectly, the election of a candidate at the Limerick mayoral election or to solicit votes for or against a candidate, (b) to present the policies or a particular policy of a candidate or the views of a candidate on any matter connected with the Limerick mayoral election or the comments of a candidate on the policy or policies of another candidate at the Limerick mayoral election, or (c) otherwise to influence the outcome of a Limerick mayoral election, and the expenses mentioned in the foregoing shall be those, and only those, set out in the Schedule to this Act; ‘institution’ means— (a) the holder of a licence under section 9 of the Central Bank Act 1971 , (b) a building society incorporated or deemed to be incorporated under the Building Societies Act 1989 or a body incorporated in a corresponding manner under the law of any other Member State of the European Union, (c) a trustee savings bank within the meaning of the Trustee Savings Banks Act 1989 , (d) An Post, (e) a credit institution authorised in accordance with the European Union (Capital Requirements) Regulations 2014 ( S.I. No. 158 of 2014 ) to carry on business in the State, or (f) a credit union registered as such under the Credit Union Act 1997 ; ‘Limerick mayoral election’ means— (a) a mayoral election within the meaning of
Part 1
of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024, or (b) a mayoral election cancelled in accordance with paragraph 33 of that Part; ‘Limerick mayoral election donation statement’ has the meaning assigned to it by section 95; ‘mayoral election agent’ has the meaning assigned to it by section 99; ‘mayoral returning officer’ means a returning officer at a Limerick mayoral election; ‘responsible person’ means, in relation to a third party, a person responsible for the organisation, management or financial affairs of the third party; ‘third party’ means, in relation to a Limerick mayoral election, a person, other than a political party registered in the Register of Political Parties in accordance with Chapter 6 of Part 2 of the Electoral Reform Act 2022 , or a candidate at a Limerick mayoral election, who, in any particular year, accepts a donation the value of which exceeds €100.
(d) the transmission on radio or television free of charge of a broadcast on behalf of a candidate at a Limerick mayoral election; (e) election expenses incurred by a political party on behalf of a candidate at a Limerick mayoral election or funds provided to such candidate by the political party in relation to those expenses.
Anonymous donations to mayoral candidate 94. (1) A candidate at a Limerick mayoral election or third party shall not, directly or through an intermediary, accept a donation exceeding €100 in value made by or on behalf of a person whose name and the address at which he or she ordinarily resides the candidate or third party does not know.
Limerick mayoral election donation statement 95. (1) The mayoral election agent of each candidate at a Limerick mayoral election shall, not later than 56 days after the polling day at that election, furnish to the Commission a statement (to be known and, in this Part referred to, as a ‘Limerick mayoral election donation statement’) of— (a) the value of each donation exceeding €600 received by the candidate for the purposes of that election before, on or after the making of an order under paragraph 6 of
Part 1
of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 appointing the polling day for the election, (b) the name and description of the donor and address at which the donor resides, or has his or her principal office, in the State, (c) the date on which each donation was received, (d) whether the donation was requested from the donor, and if so, the name of the person who requested the donation, and (e) whether a receipt issued to the donor in respect of the donation, and if so, the date on which the receipt issued and the name of the person who issued the receipt, and a Limerick mayoral election donation statement shall be— (i) in writing, (ii) signed by the mayoral election agent and the candidate concerned, and (iii) in such form as the Commission shall specify.
Limits on donation amounts 96. (1) Without prejudice to subsection (2), none of the following persons, namely— (a) a candidate, (b) a mayoral election agent, or (c) a third party at a Limerick mayoral election, shall directly or through any intermediary, accept from a particular person in a particular year a donation— (i) the value of which, in a case where the first-mentioned person falls within paragraph (a) or (b), exceeds €1,000, (ii) the value of which, in a case where the first-mentioned person falls within paragraph (c), exceeds €2,500, (iii) in cash of an amount which exceeds €200, or (iv) a donation of whatever value in the form of cryptocurrency.
Political donations accounts 97. (1) (a) Where a candidate at a Limerick mayoral election receives, for the purposes of that election, a monetary donation exceeding €100 before the appointment by him or her of a mayoral election agent, he or she shall— (i) open and maintain an account in an institution in the State, and (ii) lodge that donation to that account, and all subsequent monetary donations received by the candidate, or by his or her mayoral election agent (on behalf of that candidate), for the purposes of that election shall be lodged to that account. (b) Where a candidate at a Limerick mayoral election receives, for the purposes of that election, a monetary donation exceeding €100 after the appointment by him or her of a mayoral election agent, the mayoral election agent shall— (i) open and maintain an account in an institution in the State, and (ii) lodge that donation to that account, and all subsequent monetary donations received by the candidate, or by his or her mayoral election agent (on behalf of that candidate), for the purposes of that election shall be lodged to that account. (c) Where a third party, in relation to promoting a candidate at a Limerick mayoral election, receives, for the purposes of that election, a monetary donation exceeding €100, the third party shall— (i) open and maintain an account in an institution in the State, and (ii) lodge that donation to that account, and all subsequent monetary donations received by the third party to promote that candidate for the purposes of that election shall be lodged to that account.
Registration of third parties 98. A third party in relation to a Limerick mayoral election who receives a donation that exceeds €100 in value for the purpose of the promotion of the election of a candidate or to otherwise affect the outcome of such an election shall— (a) as soon as may be after receiving that donation, and (b) before incurring any expenses or further expenses, as may be appropriate, for the purposes of promoting the election of the candidate or otherwise affecting the outcome of the election, furnish to the Commission a statement in writing specifying— (i) the name and address of the third party and the name and address of the responsible person or each responsible person in relation to the third party, (ii) the nature, purpose and estimated amount of the donations to, and proposed expenses of, the third party in the year in which a Limerick mayoral election is held, and (iii) the third party’s connection (if any) with any political party or candidate at the election.
Appointment of mayoral election agent 99. (1) (a) A candidate at a Limerick mayoral election shall— (i) before incurring any election expenses at a Limerick mayoral election, appoint an agent (in this Part referred to as ‘mayoral election agent’) for the purposes of this Part and to assist the candidate in relation to the election, and (ii) not later than the last day for receiving nominations at the Limerick mayoral election, notify the mayoral returning officer in writing of the name of the mayoral election agent and the address of his or her office. (b) A candidate may appoint himself or herself to be his or her mayoral election agent. (c) A candidate who fails to comply with paragraph (a) within the period specified therein shall be deemed to be his or her own mayoral election agent and the appointment of any person to be the candidate’s mayoral election agent shall be deemed to have been revoked.
Part 1
of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024) to which claims, notices, writs, summonses and other documents may be sent.
Making of contracts through mayoral election agent 100. (1) A contract (including a contract of employment and whether in writing or otherwise) by which any election expenses at a Limerick mayoral election exceeding €635 in value are incurred by or on behalf of a candidate at the election, shall be made by the mayoral election agent of the candidate and shall not be enforceable against the said candidate or mayoral election agent unless so made.
Expenses and payments at Limerick mayoral election 101. (1) Where property, goods or services are provided to a candidate at a Limerick mayoral election— (a) without payment or other consideration therefor, or (b) at a price that is less than the commercial price therefor, the provision of the property, goods or services shall be deemed to be an election expense and the property, goods or services shall be deemed to have been provided at the commercial price and shall be recorded by the mayoral election agent in the statement required to be furnished to the Commission under section 106.
Period in respect of which election expenses are reckoned at Limerick mayoral elections 102. (1) After the Minister has made an order under paragraph 6 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024, he or she may by order specify the period during which election expenses at the election concerned shall be reckoned for the purposes of this Part.
Limitation of election expenses at Limerick mayoral election 103. (1) The aggregate of all election expenses that may be incurred by or on behalf of a candidate at a Limerick mayoral election in connection with his or her candidature shall not exceed €72,100.
Period for making claims in relation to Limerick mayoral election expenses 104. Notwithstanding any other enactment, a claim in respect of election expenses incurred by— (a) the mayoral election agent of a candidate at a Limerick mayoral election, or (b) a person to whom subsection (5) of section 101 applies, that is not delivered to the mayoral election agent or the person referred to in paragraph (b), as may be appropriate, before the expiration of the period of 45 days after the polling day at the election, shall not be payable by, or enforceable against, the mayoral election agent or person.
Disputed claims in relation to Limerick mayoral election expenses