Local Government Act 2001 (Part 15) Regulations 2004
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 2004.
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paragraphs: Commencement
These Regulations shall come into operation on 1 January 2005.
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paragraphs: Revocation
The Local Government Act 2001 (Part 15) Regulations 2002 ( S.I. No. 582 of 2002 ) and the Local Government Act 2001 (Part 15) Regulations 2003 ( S.I. No. 73 of 2003 ) are hereby revoked.
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paragraphs: Interpretation
(1) In these Regulations—
“the Act” means the Local Government Act 2001 as amended by the Local Government (No. 2) Act 2003 (No. 17 of 2003);
“annual declaration” has the meaning given to it by section 171 of the Act;
“Code of Conduct for Councillors” and “Code of Conduct for Employees” mean the Code of Conduct for Councillors and Code of Conduct for Employees respectively, issued by the Minister under section 169 of the Act;
“ethics registrar” has the meaning given to it by section 173(1) of the Act;
“incoming members” has the meaning given to it by section 17 of the Act;
“local authority” has the meaning given to it by section 2 of the Act;
“manager” means a manager for the purposes of section 144 of the Act;
“Minister” means the Minister for the Environment, Heritage and Local Government; and
“prescribed form” means the form as prescribed by article 10 of these Regulations.
(2) In these Regulations “relevant employee” means
(a) an employee to whom Part 15 of the Act applies by virtue of article 5, 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 Acts 2000 to 2002, 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 incoming members to a local authority, who were not members of that local authority immediately prior to the local election in question, 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 these Regulations “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
(1) Subject to sub-article (2), 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.
(2) The time for the purposes of the issue by the ethics registrar of a notice pursuant to section 174(1) of the Act in a local election year to incoming members, who were not members of that local authority immediately prior to the local election in question, shall be within 2 weeks of the ordinary day of retirement.
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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: Register of interests
In respect of a relevant employee, the particulars to be included in the register of interests kept by a local authority pursuant to section 172 of the Act shall not include the address of that employee's home as entered on the prescribed form by him or her pursuant to the requirements of section 171 of the Act.
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paragraphs: Prescribed form for annual declaration