Local Government (No. 2) Act 2003

Local Government (No. 2) Act 2003 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2003 Local Government (No. 2) Act 2003 Local Government (No. 2) Act 2003 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 17 of 2003 LOCAL GOVERNMENT (NO. 2) ACT 2003 ARRANGEMENT OF SECTIONS Section 1. Definition. 2. Amendment of Principal Act — insertion of new section 13A. 3. Amendment of Principal Act — insertion of new section 237A. 4. Consequential and other amendments to Principal Act. 5. Amendment of section 97 of Planning and Development Act 2000. 6. Amendment of Local Elections Regulations 1995. 7. Repeals. 8. Short title, construction and collective citation. SCHEDULE Amendments to Principal Act Acts Referred to Electoral (Amendment) Act 2001 2001, No. 38 Local Government Act 2001 2001, No. 37 Local Government Acts 1925 to 2003 Planning and Development Act 2000 2000, No. 30 Planning and Development (Amendment) Act 2002 2002, No. 32 Number 17 of 2003 LOCAL GOVERNMENT (NO. 2) ACT 2003 AN ACT TO AMEND THE LOCAL GOVERNMENT ACT 2001, TO MAKE (CONSEQUENT ON THE PASSING OF THE PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2002) AN AMENDMENT TO SECTION 97 OF THE PLANNING AND DEVELOPMENT ACT 2000 AND TO PROVIDE FOR RELATED MATTERS. [2nd June, 2003] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Definition. 1.—In this Act “Principal Act” means the Local Government Act 2001 . Amendment of Principal Act — insertion of new section 13A 2.—(1) The Principal Act is amended by inserting the following after section 13: “Application of disqualification to members of Dáil Éireann and Seanad Éireann. 13A.—(1) A person who is a member of either House of the Oireachtas is disqualified from being elected or co-opted to, or from being a member of, a local authority. (2) In respect of local elections to be held in the year 2004 and thereafter, section 13(1) shall be read as if the following were substituted for paragraph (e): ‘(e) is a member of Dáil Éireann or Seanad Éireann, or’.”. (2) This section comes into operation and applies with respect to the local elections to be held in the year 2004 and thereafter. Amendment of Principal Act — insertion of new section 237 A. 3.—The Principal Act is amended by inserting the following after section 237: “Regulations relating to members of House of Oireachtas. 237A.—(1) In this section ‘dealing’ in relation to a member of either House of the Oireachtas means a dealing with such a member in his or her capacity as such a member. (2) Local authorities shall conduct their dealings with members of either House of the Oireachtas in accordance with regulations under subsection (3). (3) The Minister shall make regulations for the purposes of subsection (2) and those regulations shall include provisions in relation to— (a) the supply, without charge, of notice, agenda and minutes of local authority meetings to members of either such House, (b) the supply by local authorities of other specified documentation or other specified information. (c) correspondence with such members by local authorities, (d) arrangements to facilitate access by such members to information, and communication generally by local authorities with such members, and (e) such other matters as the Minister may consider appropriate for the purposes of subsection (2). (4) Nothing in this section derogates from— (a) section 4, (b) the functions of a local authority as specified in section 63(1)(a), or (c) the role of local authority members as locally elected public representatives.”. Consequential and other amendments to Principal Act. 4.—Each section of the Principal Act mentioned in column 1 of the Schedule to this Act is amended to the extent specified in column 2 of that Schedule opposite such mention. Amendment of section 97 of Planning and Development Act 2000. 5.— Section 97 of the Planning and Development Act 2000 is amended in clause (II) of subsection (12)(b)(ii) by substituting “0.1 hectares” for “0.2 hectares”. Amendment of Local Elections Regulations 1995. 6.—The Local Elections Regulations 1995 ( S.I. No. 297 of 1995 ) are amended— (a) by deleting “Fourth” in paragraph (aa) of article 51(2), (inserted by section 54 (b)(ii) of the Electoral (Amendment) Act 2001 ), (b) by deleting in article 80(1) “the candidates shall in the case of election be determined to be elected in the order in which their names are drawn,” in the definition of “determine by lot”, (c) by deleting article 88, (substituted by section 54 (k) of the Electoral (Amendment) Act 2001 ), (d) by substituting in article 124(1) “Subject to article 125, where” for “Where”, (e) by substituting the following article for article 125: “Person elected for more than one local authority. 125.—(1) Where, at an election, a person is elected as a member for two or more local authorities and section 14 of the Local Government Act 2001 would be applicable to such person, then the person shall, within the period of three days after the return is made of persons elected to be members of those local authorities, by notice in writing signed by the person and delivered to the clerk or secretary of each of those local authorities, declare which one of those authorities the person chooses to represent, and if such declaration is not so delivered within the said period, the person shall, at the end of the said period, be deemed to have chosen to represent the local authority of the local electoral area in respect of which the person received the greatest number of first preference votes. (2) In cases where the person is elected with an equal number of first preference votes in two or more local electoral areas at elections in two or more local authorities, regard shall be had to the total numbers of votes credited to the elected member at the first count in those elections at which the member had an unequal number of votes and the local authority at which the member has the highest number of votes at that count shall be deemed to have been chosen. Where the numbers of votes credited to the member were equal at all counts at the elections, the returning officer of the local authority where the member ordinarily resides or who is designated by the Minister shall determine by lot which of the local authorities the elected member shall be deemed to have chosen, that is to say by— (a) writing the names of the local authorities concerned on similar slips of paper, (b) folding those slips so as to prevent identification, and (c) mixing and drawing at random those slips, and the local authority whose name is so first drawn shall be the local authority deemed to have been chosen. (3) Where, in pursuance of this article, a person chooses, or is deemed to have chosen, to represent a particular local authority, the person shall be deemed not to have been elected for any other local authority and the consequential vacancy or vacancies in the membership of the other local authority shall be regarded as casual vacancies occurring on the day on which the newly-elected members come into office under section 17 of the Local Government Act 2001 and shall be filled accordingly. (4) Where, under this article, a member chooses or is deemed to have chosen a local authority to represent and that member has been elected for more than one local electoral area for that authority, article 124 shall apply as to the area to be represented by the member.”. Repeals. 7.—The following provisions of the Principal Act are repealed: (a) section 25(1)(b) and (d) and section 35, (b) Chapter 3 of Part 5 (sections 39 to 43), (c) section 217(1)(c), and (d) Schedule 9. Short title, construction and collective citation. 8.—(1) This Act may be cited as the Local Government (No. 2) Act 2003. (2) The Local Government Acts 1925 to 2003 and this Act shall be read together as one and this Act shall be included in the collective citation “Local Government Acts 1925 to 2003”. SCHEDULE Amendments to Principal Act Section 4 . 1 2 Provision affected Amendment Section 1(5) Delete “Chapter 3 of Part 5,”. Section 2(1) Delete the definition of “direct election”. Section 7 Substitute “and except section 161, the coming into operation of which is provided for in that section” for “and except section 161 and Chapter 3 of Part 5, the coming into operation of which is provided for in that section and Chapter, respectively”. Section 12 Substitute “sections 13 and 13A” for “section 13”. Section 16(1) Substitute “sections 13, 13A” for “section 13”. Section 19(1) Substitute the following for paragraph (c)— “(c)  in such circumstances as are set out in articles 25, 28, 124 and 125 of the Local Elections Regulations 1995 ( S.I. No. 297 of 1995 ),”. Section 21(1) Delete “and without prejudice to section 40(7)”. Section 25(1) Insert the following after paragraph (c) — “or”. Section 31 (a)  Delete subsection (10). (b)  In subsection (11) delete “Chapter 2 or Chapter 3 of”. Section 36(1) Insert the following paragraph after paragraph (c)— “(d) On the commencement of section 2 of the Local Government (No. 2) Act 2003, paragraph (c) shall cease to apply and have effect.”. Section 48 Insert the following subsection after subsection (6)— “(7) On the commencement of section 2 of the Local Government (No. 2) Act 2003, subsections (4) and (5) cease to apply.”. Section 129(4) (a)  In paragraph (a) substitute “The chairperson of a Board” for “Subject to paragraph (b), the chairperson of a Board,”. (b)  Delete paragraph (b). Section 129(9) Insert the following paragraph after paragraph (a)— “(aa) the tenure of a chairperson appointed under subsection (4);”. Section 167 Insert the following subsection after subsection (1)— “(1A) In addition to those employees to whom this Part applies by virtue of subsection (1), sections 168, 169 and 170 also apply to every other employee of a local authority and those sections shall be read accordingly.”. Section 243 Delete “In addition to the amendments provided for by section 42 (which relate to direct elections),”. Schedule 10 In paragraph 4(1), delete all words after “local authority”; In paragraph 4(2), delete all words after “annual meeting”; In paragraph 4(6)(a)(i), delete “where appropriate”; In paragraph 10(2) delete “or 41(2)”. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. 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