Local Government Act, 2001 (Part 15) Regulations, 2002
Statutory Instruments
Source: Statutory Instruments

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paragraphs: Citation
These Regulations may be cited as the Local Government Act, 2001 (Part 15 Regulations, 2002.
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paragraphs: Commencement
These Regulations shall come into operation on 1 January 2003.
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paragraphs: Interpretation
(1) In these Regulations -
“the Act” means the Local Government Act, 2001 ;
“annual declaration” has the meaning given to it by section 171 of the Act;
“ethics registrar” has the meaning given to it by section 173(1) of the Act;
“local authority” has the meaning given to it by section 2 of the Act; and
“manager” means a manager for the purposes of section 144 of the Act.
(2) In these Regulations “relevant employee” means
(a) an employee to whom Part 15 of the Act applies by virtue of article 4 and
(b) any other employee or other person the holder of a position to whom Part 15 of the Act applies, by virtue of a designation by order of a manager pursuant to section 167(1)(c) of the Act.
(3) (a) In these Regulations a reference to an article which is not otherwise identified is a reference to an article of these Regulations.
(b) In these Regulations a reference to a sub-article which is not otherwise identified is a reference to a sub-article of the article in which the reference occurs.
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paragraphs: Prescribed employees for purposes of Part 15 of the Act
The following are prescribed employees of a local authority for the purposes of Part 15 of the Act -
(a) every employee who is the holder of an employment the maximum salary for which is not less than the maximum salary for the time being of a senior executive engineer, and
(b) every other employee who is assigned duties which relate to the performance of any functions under the Planning and Development Act, 2000 (No. 30 of 2000) and who is the holder of an employment
(i) the maximum salary for which is not less than the maximum salary for the time being of a senior staff officer (grade 6), or
(ii) the qualifications for which are wholly or in part professional or technical, and
that Part shall accordingly apply to every employee referred to in paragraphs (a and (b) of this article.
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paragraphs: Return Period
(1) Subject to sub-article (2), the return period for the purposes of Part 15 of the Act shall be the period ending on the last day of February of each year.
(2) (a) In a local election year the return period for members coming into office following such election shall be the period of 6 weeks from the ordinary day of retirement in that year.
(b) In the case of a person referred to in section 174(3) of the Act, the return period shall be the period of 6 weeks from the date such person becomes a person to whom section 167(1) of the Act applies.
(c) In this article “local election year” and “ordinary day of retirement” shall be construed in accordance with the Act.
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paragraphs: Issue of notice under section 174(1) or 174(2) of the Act
The time for the purposes of the issue by the ethics registrar of a notice pursuant to section 174(1) or 174(2) of the Act shall be within the first week of January of each year or as soon thereafter in that month as circumstances permit.
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paragraphs: Prescribed circumstances
The following are prescribed circumstances for the purposes of section 176(3)(c) of the Act -
(a) the consideration or performance of functions in relation to remuneration allowances or other payments to which sections 142, 143 or 158(1) of the Act apply,
(b) the consideration or performance of functions in relation to service charges or other charges or fees of a local authority and in common with other payees.
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paragraphs: Prescribed form for annual declaration