In short
This law amends the Local Government Act, 1991, specifically to allow for the extension of the term of office for local authority managers. It outlines the process and conditions under which a manager's tenure can be prolonged.
What it regulates
- The extension of a local authority manager's period of office.
- The form and timing of the notification required for such an extension.
- The maximum duration for an extended tenure period.
- Restrictions on managers applying for other manager positions during certain periods.
Who it concerns
- Persons holding the office of manager in a local authority.
- The Cathaoirleach of the local authority concerned.
- The Minister (who can make regulations for this section).
- The Local Appointments Commissioners.
Key points
- A manager's tenure period can be extended if they provide a "prescribed notification" to the Cathaoirleach of the local authority.
- The Minister can make regulations detailing the form of this notification, the "notification period" for giving it, and the period by which the tenure will be extended.
- A manager who gives a prescribed notification cannot apply for other manager offices during an "exclusion period" which starts when they give the notification and ends 6 months before their extended tenure expires.
- An extended tenure period cannot exceed 10 years.
đ Legal text
Local Government Act, 2000
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Number 25 of 2000
LOCAL GOVERNMENT ACT, 2000
ARRANGEMENT OF SECTIONS
Section
1.
Amendment of Local Government Act, 1991.
2.
Short title, collective citation and construction.
Acts Referred to
Local Authorities (Officers and Employees) Act, 1926
1926, No. 39
Local Government Act, 1991
1991, No. 11
Local Government Act, 1994
1994, No. 8
Local Government Acts, 1925 to 2000
Number 25 of 2000
LOCAL GOVERNMENT ACT, 2000
AN ACT TO AMEND AND EXTEND THE LOCAL GOVERNMENT ACTS, 1925 TO 2000. [8th July, 2000]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Amendment of Local Government Act, 1991.
1.âThe
Local Government Act, 1991
, is amended by the insertion of the following after section 47â
âExtension of tenure of office of manager.
47A.â(1) This section applies to a person who holds the office of manager (in this section referred to as a âmanagerâ), and whose period of office (in this section referred to as the âtenure periodâ) is governed by an order under section 47.
(2) Notwithstanding any other enactment or instrument made thereunder, and subject to and in accordance with this section and with regulations made by the Minister under this section, the tenure period of a manager shall be extended where notification (in this section referred to as the âprescribed notificationâ)â
(a) is given by the manager to the Cathaoirleach of the local authority concerned (being a Cathaoirleach for the purposes of Part IV of the
Local Government Act, 1994
), and
(b) is in the form prescribed by regulations made under this section.
(3) The Minister may make regulations for the purposes of this section and such regulations may provide for:
(a) the form of the prescribed notification;
(b) the period (in this section referred to as the ânotification periodâ) within which a prescribed notification shall be given;
(c) subject to subsection (7), the period by which the tenure period shall be extended;
(d) the offices of manager to which subsection (4) does not apply;
(e) the application of different periods for the purposes of paragraphs (b) and (c) to specified classes of manager;
(f) such incidental, consequential and supplementary provisions as appear to the Minister to be necessary or expedient for the purposes of such regulations.
(4) Subject to subsection (3)(d)â
(a) a manager to whom this section applies shall not apply for appointment to any office of manager during the period commencing on the date the manager gives a prescribed notification and ending on a date which is 6 months prior to the expiration of the tenure period as extended by this section (in this subsection referred to as the âexclusion periodâ), and
(b) notwithstanding
section 6
of the
Local Authorities (Officers and Employees) Act, 1926
, a manager who has given a prescribed notification shall not be considered by the Local Appointments Commissioners for selection for any office of manager during the exclusion period.
(5) (a) A notification period referred to in subsection (3)(b) shall be wholly within the tenure period.
(b) A prescribed notification for the purposes of this section which is given outside of the notification period is invalid.
(6) Nothing in this section shall be read as alteringâ
(a) the age limit standing specified in the Local Government (Officers Age Limit) Order, 1957 (
S.I. No. 140 of 1957
), as it applies to a manager,
(b) the tenure of office of any manager to whom an order under section 47 does not apply, or
(c) the tenure of office of any manager who does not give a prescribed notification under this section.
(7) A tenure period as extended in accordance with this section shall not exceed 10 years.
(8) Notwithstanding any actions already taken by the Local Appointments Commissioners in relation to the filling of an office of manager by virtue of
section 50
of the
Local Government Act, 1994
, where the tenure period of a manager stands extended in accordance with this section, such extended tenure period shall be the tenure period for the purposes of that section 50 and that section shall apply accordingly.
(9) On receipt of a prescribed notification the Cathaoirleach of the local authority concerned (within the meaning of subsection (2) (a)) shallâ
(a) inform the members of the local authority of it at the next meeting of that local authority, and
(b) transmit a copy of it to the Minister and to the Local Appointments Commissioners.â.
Short title, collective citation and construction.
2.â(1) This Act may be cited as the Local Government Act, 2000.
(2) The collective citation the âLocal Government Acts, 1925 to 2000â, shall include this Act.
(3) The Local Government Acts, 1925 to 2000, and this Act shall be construed together as one.
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