S.I. No. 455/2013 - Local Government (Tenure of Office of Managers) Regulations 2013.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd December, 2013.

The Minister for the Environment, Community 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 2013.

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

3. (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) The period within which a prescribed notification shall be given by a manager shall be the period beginning on the commencement of the seventh year and ending 6 months prior to the end of the seventh year of the tenure period of that manager.

(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,

(f)the position of South Dublin County Manager,

(g)the position of Meath County Manager,

(h)the position of Kildare County Manager,

(i)the position of Limerick City Manager,

(j)the position of Limerick County Manager,

(k)the position of Clare County Manager,

(l)the position of Donegal County Manager,

(m)the position of Galway County Manager,

(n)the position of Kerry County Manager,

(o)the position of Kilkenny County Manager,

(p)the position of Louth County Manager,

(q)the position of Mayo County Manager,

(r)the position of North Tipperary County Manager,

(s)the position of South Tipperary County Manager,

(t)the position of Waterford County Manager,

(u)the position of Waterford City Manager,

(v)the position of Westmeath County Manager,

(w)the position of Wexford County Manager, and

(x)the position of Wicklow County Manager.

(5) Article 21 or 78, as appropriate, of the Local Government (Superannuation) (Consolidation) Scheme 1998 to 2012 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.

4. The following are revoked:

(a) the Local Government (Tenure of Office of Managers) Regulations 2011 ( S.I. No. 573 of 2011 ),

(b) the Local Government (Tenure of Office of Managers) (Amendment) Regulations 2012 ( S.I. No. 157 of 2012 ), and

(c) the Local Government (Tenure of Office of Managers) (Amendment No. 2) Regulations 2012 ( S.I. No. 406 of 2012 ).

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 3(5) of the Local Government (Tenure of Office of Managers) Regulations 2013, 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 my Official Seal,

26 November 2013.

PHIL HOGAN,

Minister for Environment, Community and Local Government.

EXPLANATORY NOTE

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

These Regulations make provision in relation to the extension of the tenure of office of the following local authority managers:

Dublin City Manager, Cork County Manager, Cork City Manager, Dún Laoghaire — Rathdown County Manager, Fingal County Manager, South Dublin County Manager, Meath County Manager, Kildare County Manager, Limerick City Manager, Limerick County Manager, Clare County Manager, Donegal County Manager, Galway County Manager, Kerry County Manager, Kilkenny County Manager, Louth County Manager, Mayo County Manager, North Tipperary County Manager, South Tipperary County Manager, Waterford County Manager, Waterford City Manager. Westmeath County Manager, Wexford County Manager and Wicklow County Manager.