S.I. No. 47/2003 - Local Government (Tenure of Office of Managers) Regulations, 2003


The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 4 and 147 of the Local Government Act, 2001 (No. 37 of 2001), hereby makes the following regulations:

1. These Regulations may be cited as the Local Government (Tenure of Office of Managers) Regulations, 2003.

2. The Local Government (Tenure of Office of Managers) Regulations, 2000 ( S.I. No. 219 of 2000 ) are hereby revoked.

3. In these Regulations “the Act” means the Local Government Act, 2001 .

4. (1) The prescribed notification referred to in section 147(2) of the Act shall be in the form specified in the Schedule to these Regulations.

(2) (a) Subject to paragraph (b) of this subarticle, the period within which a prescribed notification shall be given by a manager shall be the period beginning on the commencement of the fifth year and ending on the expiration of the fifth year of the tenure period of that manager.

 (b) (i)Subject to subparagraph (ii) of this paragraph, the period within which a prescribed notification shall be given by the Dublin City Manager shall be the period beginning on the commencement of the sixth year and ending on the expiration of the sixth year of the tenure period of that manager.

(ii)Subject to section 147(6) of the Act, where, on the date of the making of these regulations less than one year of the Dublin City Manager's tenure period remains to be served, the period within which a prescribed notification shall be given by the said manager shall be the period beginning on the date of the making of these regulations and ending two weeks following that date.

(3) Subject to the Local Government (Officers Age Limit) Order, 1957 ( S.I. No. 140 of 1957 ), the period by which the tenure period of a manager who gives the prescribed notification referred to in section 147(2) of the Act shall be extended shall be 3 years.

(4) Section 147(5) of the Act shall not apply to the following positions:

(a)       the position of Dublin City Manager;

(b)       the position of Cork County Manager;

(c)       the position of Cork City Manager;

(d)       the position of Dún Laoghaire-Rathdown County Manager;

(e)       the position of Fingal County Manager; and

(f)        the position of South Dublin County Manager.

(5) Article 21 or 78, as appropriate, of the Local Government (Superannuation) (Consolidation) Scheme, 1998 ( S.I. No. 455 of 1998 ) shall not apply to a manager whose tenure period is extended by section 147 of the Act and who ceases to hold the position before the expiration of his or her tenure period as so extended.

SCHEDULE

Notification for the purposes of section 147(2) of the Local Government Act, 2001

EXTENSION OF PERIOD OF TENURE OF MANAGER

............................................................ .......................... (Name of Local Authority)

To the Cathaoirleach, ............................................................ .. County/City Council.

1.        I, ............................................................ ............................................................ ........ , County/City Manager of ............................................................ ............................................................ ................... County/City Council, hereby give notification under section 147 of the Local Government Act, 2001 .

2.        I understand that, pursuant to section 147 (5) of the Local Government Act, 2001 , I cannot apply for appointment to any position of manager during the period commencing on the date of this notification and ending six months prior to the expiration of my tenure period, as extended by section 147 of the Local Government Act, 2001 , with the exception of any position specified for the time being for the purposes of section 147 (4)(d) of the Local Government Act, 2001 .

3.        I also understand that, pursuant to article 4(5) of the Local Government (Tenure of Office of Managers) Regulations, 2003, article 21 or 78, as appropriate, of the Local Government (Superannuation) (Consolidation) Scheme, 1998 shall not apply to me if I cease to hold this position before the expiration of my tenure period, as extended by section 147 of the Local Government Act 2001 .

Signed: _________________________________

Date:  __________________________________

 

GIVEN under the Official Seal of the Minister for the Environment and Local Government this 12th day of February, 2003.

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MARTIN CULLEN

 

Minister for the Environment and Local Government.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations make provision in relation to the extension of the tenure of office of certain local authority managers.