Local Government Act, 2001
|
Obligations in case of proposal involving illegal payment, deficiency or loss. |
112.—(1) Where a proposal is made at a meeting of a local authority or a joint body to do or effect any act, matter or thing— | |
(a) which constitutes a reserved function or is mentioned in a resolution under section 140 , and | ||
(b) in consequence of which an illegal payment is to be made out of the funds of the local authority or joint body, or a deficiency or loss is likely to result in or to such funds, | ||
the manager (or, in his or her absence, such other employee as may be nominated by the manager) shall object and state the grounds of his or her objection, and, if a decision is taken on the proposal, the names of the members present and voting for and against the decision and abstaining from voting on the decision shall be recorded in the minutes of the meeting. | ||
(2) Where, in accordance with subsection (1), the names of the persons voting for a decision to do or effect any act, matter or thing are recorded in the minutes of the meeting of a local authority or joint body, those persons shall be surcharged on any surcharge or charged on any charge that may subsequently be made as a result of the decision as if they had made or authorised the making of the payment or caused the loss or deficiency, and no other person is to be surcharged or charged. |