STATUTORY INSTRUMENTS.

S.I. No. 129 of 1999.

LOCAL GOVERNMENT ACT, 1994 (LOCAL AUTHORITY MEETINGS) (INTERIM) REGULATIONS, 1999.

S.I. No. 129 of 1999.

LOCAL GOVERNMENT ACT, 1994 (LOCAL AUTHORITY MEETINGS) (INTERIM) REGULATIONS, 1999.

The Minister for the Environment and Local Government in exercise of the powers conferred on him by sections 3, 26 and 30 of the Local Government Act, 1994 (No. 8 of 1994) hereby makes the following regulations:--

Citation.

1. These regulations may be cited as the Local Government Act, 1994 (Local Authority Meetings) (Interim) Regulations, 1999.

Interpretation.

2. (1) In these Regulations, except where the context otherwise requires, a reference to an article is a reference to an article of these Regulations; a reference to a sub-article is a reference to a sub-article of the article in which the reference occurs; and a reference to a paragraph is a reference to a paragraph of the article or sub-article in which the reference occurs.

(2) In these regulations except where the context otherwise requires--

“the Act” means the Local Government Act, 1994 ;

“cathaoirleach” and “leas-chathaoirleach” shall be construed in accordance with Part IV of the Act;

“election year” means a year in which elections pursuant to Part III of the Act are held;

“local authority” means a county council, a county borough corporation, borough corporation, urban district council or the commissioners of a town;

“member” includes a cathaoirleach, leas chathaoirleach, alderman, councillor and a commissioner of a town;

“the Minister” means the Minister for the Environment and Local Government;

“the ordinary day of retirement” shall be construed in accordance with section 9(2) of the Act.

(3) In these regulations every reference to a meeting or member of a local authority shall, where the local authority is the corporation of a county or other borough, be construed as a reference to a meeting or member of the council established by law in respect of such county or other borough.

(4) In these regulations a reference to any enactment is a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.

Commencement.

3. These regulations shall come into operation on the day of the making of an order by the Minister under section 21 of the Act fixing the polling day for the local elections to be held next after the making of these regulations.

Day of Annual Meeting.

4. (1) In every year a local authority shall hold an annual meeting and the annual meeting of a local authority shall be held--

(a) in an election year, if the local authority is a county council, on the fourteenth day and, in any other case on the tenth day, after the polling day or, where the poll is for any reason countermanded, interrupted or adjourned, after the day on which the poll is completed or the fresh poll is held, provided that where such fourteenth or tenth day is an excluded day, the meeting shall be held on the next following day which is not an excluded day.

(b) in any other year, on a day not being more than fourteen days either before or after the anniversary of the first annual meeting, as the local authority shall by resolution appoint or fix by standing orders, provided that where such fourteenth day after the anniversary day or such fourteenth day before the anniversary day is an excluded day, the meeting may be held on the next following day (or preceding day, as appropriate,) which is not an excluded day.

(2) In this article “excluded day” means a day which is a Saturday, Sunday, Bank Holiday, or other day on which the offices of the local authority are not open to the public.

(3) A reference in any enactment to a quarterly meeting of a county or other borough corporation which is held next after a local election shall be construed as a reference to the annual meeting of such corporation held pursuant to paragraph (a) of sub-article (1).

Public Notice of Annual Meeting.

5. (1) A local authority shall in an election year publish notice of its annual meeting in at least one newspaper circulating in its administrative area.

(2) Such notice shall state the date of the annual meeting and that the first business of the meeting will be the election of the cathaoirleach; and in the case of a local authority other than the commissioners of a town, such notice shall specify the bodies to which the local authority will make appointments at that meeting or subsequently.

(3) (a) Such notice shall be in the general form set out in the Schedule to these Regulations subject to such adaptations as may be necessary for the particular circumstances of the local authority in question.

(b) Such notice shall be published on the third or fourth day after the polling day in the case of a local authority other than a county council, and in the case of a county council, on a day within the period commencing on such third day and ending on the ordinary day of retirement of members.

(4) (a) In this article “body” includes

a county enterprise board,

a harbour authority,

a health board,

a LEADER Group,

a partnership company,

a regional authority,

a school attendance committee,

a university,

a vocational education committee,

a body to which section 64 of the Act applies,

a joint board or joint committee established by or under statute, or any other body whether so established or not, to which a local authority is required, requested or otherwise entitled to make appointments.

(b) In this article “appointments” shall include appointments of members of the local authority whether ex officio or by way of nomination, election or otherwise and appointments of persons who are not members of the local authority.

(5) Failure to publish such notice or any omission or defect therein shall not invalidate any meeting of a local authority or any appointment made or other thing done at such meeting.

First Business of Annual Meeting.

6. The first business at an annual meeting of a local authority after the determination of which of the members are to be aldermen (where that question arises) shall be the election of the cathaoirleach in accordance with the arrangements set out in article 7.

Method of Election of Cathaoirleach.

7. The election of a cathaoirleach shall be carried out in accordance with and subject to the following arrangements--

(a) the proceedings shall begin by a member or members being proposed and seconded and every person so proposed and seconded and no other person shall be a candidate;

(b) where there is only one candidate, such candidate shall be elected;

(c) where there are more than two candidates, a poll shall be taken;

(d) if at such poll a majority of the members present vote for any particular candidate, such candidate shall be elected;

(e) if at such poll no candidate receives the votes of a majority of the members present, the candidate receiving the least number of votes shall be excluded from the election, and, subject to the provisions of paragraph (g), one or more further polls (according as may be necessary) shall be taken;

(f) paragraphs (d) and (e) shall apply in relation to such further poll or polls;

(g) where there are only two candidates or where, as a result of one or more polls all the candidates except two have been excluded, the question as to which of such candidates shall be elected shall be put to the members present and whichever of such candidates receives the majority of votes cast shall be elected;

(h) if from an equality of votes given to two or more candidates any question arises under this article as to which of such candidates is to be excluded or as to which of such candidates is to be elected, such question shall be decided by lot in accordance with paragraph (i);

(i) in deciding any such question by lot, the names of the candidates concerned shall be written on similar slips of paper, the slips shall be folded so as to prevent identification and mixed and drawn at random, and the candidate whose name is first drawn shall, where the question concerns an exclusion, be the candidate who shall be excluded or, where the question concerns an election, be the candidate who shall be elected.

Next Business of Annual Meeting.

8. The next business at an annual meeting shall include the election of a leas-chathaoirleach and the consideration of appointments to bodies to which article 5 applies.

Strategic Policy Committees etc.

9. (1) This sub-article applies to committees of a county borough corporation or a county council known as strategic policy committees.

(2) This sub-article applies to a committee of any other local authority known as a municipal policy committee.

(3) The committees referred to in sub-articles (1) and (2) shall be established in accordance with and subject to such guidelines as may be issued by the Minister subsequent to the making of these regulations and notwithstanding any other provision of these regulations or of any other enactment shall not be established nor their membership determined at any meeting otherwise than in accordance with and subsequent to the issue of such guidelines.

Ordinary Meetings.

10. (1) (a) A local authority may, in addition to an annual meeting pursuant to article 4, an estimates meeting pursuant to section 10 of the City and County Management (Amendment) Act, 1955 and any additional meeting as may be required by law or by an Order of a Court to be held, hold such other meetings as may be necessary for the transaction of its business and which other meetings shall be known as ordinary meetings.

(b) A local authority shall fix a schedule for such ordinary meetings and may alter such schedule.

(c) A local authority may decide to hold a special meeting.

(2) Nothing in this article shall be construed as interfering with the rights under any enactment of the cathaoirleach or of a specified number of members to requisition a meeting.

(3) (a) So much of the provisions to which this sub-article applies shall cease to have effect insofar as they require the holding of quarterly or monthly meetings.

(b) This sub-article applies to section 10 of the Municipal Corporations (Ireland) Act, 1840, section 40 of the Commissioners Clauses Act, 1847 and article 36(10) of the Schedule to the Local Government (Application of Enactments) Order, 1898 or any other provision of those or of any other enactment which requires the holding of quarterly or monthly meetings.

Saver.

11. Nothing in these regulations shall affect the continuity of a local authority or of a body to which article 5 applies.

Failure to Hold Annual Meeting.

12. Wherever an annual meeting of a local authority is for any reason not held on the day appointed under these Regulations for the holding of such meeting, the clerk or secretary, as the case may be, shall, following consultation with the cathaoirleach, summon a meeting of the local authority for a convenient hour on the day which appears to him or her to be the earliest convenient date for the purpose and the meeting held in pursuance of this summons shall be deemed for all purposes to be an annual meeting held on a date appointed under these Regulations.

SCHEDULE

Article 5

Form of Public Notice of Annual Meeting in an election year

Notification of Annual Meeting

...................¹

1. Following the local elections the annual meeting of .......................¹ will convene on ....................² at which the first business of the newly elected council will be the election of its cathaoirleach.

2. Local authorities by virtue of their democratic mandate make appointments to a range of other bodies. .............¹ makes appointments to the following bodies--

............................................................ ............................................................ ............................................................ ..... ³

............................................................ ............................................................ ............................................................ .........

3. At its annual meeting the council will consider the making of appointments (councillor and non councillor where appropriate) to these bodies. It should be noted however that appointments to some, under the relevant statutory or other provisions applicable or at the Council's discretion, may fall to be considered and made at a later date to the annual meeting.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations specify dates for annual meetings of local authorities and deal with certain related matters.

¹ Name of local authority.

¹ Name of local authority.

² Date of annual meeting.

¹ Name of local authority.

³ Specify names of bodies to which the local authority makes appointments (e.g. Insert names of VEC, Health Board, non statutory etc.). See article 5.