Local Government Act, 2001
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Disqualifications from local authority membership. |
13.—(1) Subject to subsection (2), a person is disqualified from being elected or co-opted to, or from being a member of a local authority if he or she— | |
(a) is a member of the Commission of the European Community, or | ||
(b) is a representative in the European Parliament, or | ||
(c) is a Judge, Advocate General or Registrar of the Court of Justice of the European Community, or | ||
(d) is a member of the Court of Auditors of the European Community, or | ||
(e) is a Minister of the Government or a Minister of State or the chairman of Dáil Éireann (An Ceann Comhairle), or the chairman of Seanad Éireann, or | ||
(f) is appointed under the Constitution as a Judge or as the Comptroller and Auditor General, or | ||
(g) is a member of the Garda Síochána or a wholetime member of the Defence Forces as defined in section 11(4)(b) of the Electoral Act, 1992 , or | ||
(h) is a civil servant who is not by terms of employment expressly permitted to be a member of a local authority, or | ||
(i) is a person employed by a local authority and is not the holder of a class, description or grade of employment designated by order under section 161 (1)(b) or deemed to have been made under that section, or | ||
(j) is undergoing a sentence of imprisonment for any term exceeding 6 months imposed by a court of competent jurisdiction in the State, or | ||
(k) fails to pay any sum or any portion of any sum charged or surcharged, by an auditor of the accounts of any local authority, upon or against that person, or | ||
(l) fails to comply with a final judgement, order or decree of a court of competent jurisdiction, for payment of money due to any local authority, or | ||
(m) is convicted of, or has had a conviction confirmed on appeal for, an offence relating to any of the following: | ||
(i) fraudulent or dishonest dealings affecting a local authority; | ||
(ii) corrupt practice; | ||
(iii) acting when disqualified. | ||
(2) (a) A disqualification arising under subsection (1)(k) commences— | ||
(i) where no appeal is taken, on the expiration of the time limit for an appeal, or | ||
(ii) where an appeal is taken to the Minister or the High Court, on the expiration of one month from the date of an order confirming the charge or surcharge, | ||
and the disqualification shall be for 5 years from the date of its commencement. | ||
(b) A disqualification arising under subsection (1)(l) comes into effect on the seventh day after the last day for compliance with the relevant final judgement, order or decree and the disqualification shall be for 5 years from such last day. | ||
(c) A disqualification arising under subsection (1)(m) commences— | ||
(i) where no appeal is taken against the conviction, when the time limit for taking an appeal has passed, or | ||
(ii) where an appeal is taken against the conviction and the appeal is disallowed, one month from the determination of the appeal, | ||
and the disqualification shall be for 5 years from the date of conviction or determination of the appeal, as the case may be. | ||
(3) Nothing in this section operates to prejudice any disqualification referred to in section 182 or in section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999 , or in any other enactment. |