Local Government Act, 2001
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Failure to perform functions, etc. |
216.—(1) The Minister may be order remove from office the members of a local authority if and whenever— | |
(a) the Minister, after holding a public local inquiry into the performance by a local authority of its functions, is satisfied that such functions are not being duly and effectually performed, or | ||
(b) a local authority refuses or neglects to comply with a judgement, order, or decree of any court, or | ||
(c) a local authority fails to comply with a requirement made by notification under subsection (1) of section 10A, within 21 days after the date of notification, or | ||
(d) a local authority in the circumstances set out in subsection (6) of section 10A, adopts a revised estimate of expenses which is, in accordance with that section, insufficient, or | ||
(e) a local authority refuses or wilfully neglects to comply with any other express requirement which is imposed on it by or under any enactment including this Act, or | ||
(f) the members of a local authority are less in number than the quorum for meetings of such local authority. | ||
(2) (a) Where the members of a local authority are removed from office under this section, every person who immediately before the removal was a member of a linked body within the meaning of section 220 or of any other body and in either case by virtue of being nominated, elected or appointed by such local authority or by virtue of being the Cathaoirleach or by holding any other office or position relating to membership of such authority, shall cease also to be a member of the linked body or other body concerned. | ||
(b) Section 220 applies, as appropriate, to the linked body concerned. | ||
(3) The removal from office of the members of a local authority does not affect or in any way prejudice the continuity of the existence of that local authority as a corporate body by the title appropriate to it under this Act. | ||
(4) An order under subsection (1) may include all such things as the Minister considers necessary or expedient to enable a local authority whose members are removed from office to function duly and effectually and generally to enable this Part to have full force and effect. | ||
(5) Without prejudice to section 20 of the Interpretation Act, 1937 , the reference in sections 16 and 17 of the Local Elections (Petitions and Disqualifications) Act, 1974 , to Part IV of the Local Government Act, 1941 , shall be read as a reference to this Part. |