Local Government Act, 2001
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Application of Ethics in Public Office Act, 1995, etc. |
180.—(1) In this section “the Acts” means the Ethics in Public Office Act, 1995 , and any other Act which is to be construed together as one with that Act. | |
(2) The Acts shall apply in relation to a local authority subject to the provisions of this section and with such other modifications as may be necessary and for that purpose— | ||
(a) the powers of investigation and report conferred on the Commission apply in relation to a person to whom subsection (1) or (2) of section 167 relates, | ||
(b) subsection (3) shall apply as regards a report prepared by the Commission, | ||
(c) subsection (4) shall apply as regards the consideration of such report by a local authority. | ||
(3) (a) Where a report prepared by the Commission relates to— | ||
(i) a manager, it shall be furnished to the Cathaoirleach of the county council or city council concerned, | ||
(ii) the Cathaoirleach of a local authority, it shall be furnished to the Leas-Chathaoirleach of the authority and to its manager, | ||
(iii) any other member of a local authority, it shall be furnished to the Cathaoirleach of the authority and to its manager, | ||
(iv) any employee of a local authority other than the manager, it shall be furnished to the manager of the local authority concerned, and | ||
(v) any other person to whom subsection (1) or (2) of section 167 relates, it shall be furnished to the manager of the local authority concerned. | ||
(b) Nothing in this subsection shall be read so as to prevent the furnishing of a report referred to in paragraph (a) to any other person in accordance with the Acts. | ||
(4) (a) Where a report referred to in subparagraph (i), (ii) or (iii) of subsection (3)(a) is furnished to a local authority, it shall be considered by the elected council. The elected council shall decide on such action to be taken as may be considered appropriate in all the circumstances including, in the case of subparagraph (i) of subsection (3)(a), the exercise of powers of suspension or removal pursuant to section 146 . | ||
(b) Where a report referred to in subparagraph (iv) or (v) of subsection (3)(a) is furnished to a local authority it shall be considered by its manager. The manager shall decide on such action to be taken as may be considered appropriate in all the circumstances including, in the case of an employee, suspension with or without pay or termination of employment. | ||
(c) The manager shall inform the elected council of the result of a consideration under paragraph (b). | ||
(5) Nothing in this section shall be read as prejudicing the Commission in carrying out the functions conferred on it by the Acts. |