STATUTORY INSTRUMENTS

S.I. NO. 552 of 2001

LOCAL GOVERNMENT (REPRESENTATIONAL PAYMENT FOR MEMBERS) REGULATIONS, 2001

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SI No. 552 of 2001

Local Government (Representational Payment for Members) Regulations, 2001

The Minister for the Environment and Local Government in exercise of the powers conferred on him by sections 4 and 142 of the Local Government Act, 2001 (No. 37 of 2001) and with the consent of the Minister for Finance hereby makes the following Regulations:-

1.       These Regulations may be cited as the Local Government (Representational Payment for Members) Regulations, 2001.

2.       (1)     In these Regulations, except where the context otherwise requires -

“the Act” means the Local Government Act, 2001 ;

“the applicable annual rate” shall be construed in accordance with article 6;

“direction” shall be construed in accordance with the Act;

“local authority” has the meaning given by the Act;

“member” means a member of a local authority and includes a Cathaoirleach and Leas-Chathaoirleach;

“payments” means payments by a local authority to a member as provided for in article 5.

(2)     In these Regulations, except where the context otherwise requires, a reference to -

(a)     an article which is not otherwise identified is a reference to an article of these Regulations;

(b)     a sub-article or paragraph which is not otherwise identified is a reference to a sub-article or paragraph of the article or sub-article in which the reference occurs;

(c)     a Schedule is a reference to the Schedule to these Regulations.

3.       These Regulations shall come into operation on 1 January, 2002.

4.       (1)     A member shall be entitled to such payments as may be determined by a local authority in accordance with article 5.

(2)     (a)     A member may be notice in writing given to the local authority concerned decline to accept payments under these Regulations and where so notified the local authority shall not make such payments.

(b)     Where notice (the first notice) has been given to a local authority under paragraph (a), the member concerned may by a further notice in writing (the second notice) given to the local authority withdraw the first notice from the date of receipt of the second notice by the local authority or such subsequent date as may be specified in the second notice and the local authority may then make payments in respect of the period commencing on and from such date.

(3)     (a)     A person who is a member of more than one local authority is entitled to payment by only one of those authorities.

(b)     A member to whom paragraph (a) applies is entitled to payment by the local authority in respect of which the greater annual rate of payment applies unless that member by notice in writing notifies that local authority that he or she proposes to accept payment from the other authority of which he or she is also a member.

(4)     A member who is also a member of either House of the Oireachtas is not entitled to payments under these Regulations for so long as he or she is in receipt of payments as a member of such House.

5.      (1)      A local authority shall, subject to and in accordance with these regulations, make payments to a member at the applicable annual rate which applies in respect of the payment period or of different parts of that period.

(2)      (a)     Subject to paragraph (b), the payment period shall commence on the day the person concerned becomes a member of the local authority.

(b)     In the case of a person who is a member of a local authority on the 1^st day of January, 2002 the payment period shall commence on that day.

(c)     The payment period shall terminate on the day the person concerned ceases to be a member of the local authority.

(3)      (a)     Where a member is absent from meetings of the local authority concerned and of its committees and joint committees of which he or she is a member for a continuous uninterrupted period of six months, payments shall continue to be made by the authority to that member for that period.

(b)     On the expiration of the said period, payments shall continue to be made by the authority to that member at half the applicable annual rate for the next succeeding six months but shall not be made subsequent to the expiry of that period, for so long as such uninterrupted absence continues.

(4)     Nothing in sub-article (3) shall be construed as preventing a direction in respect of matters referred to in paragraph (a) of article 10(2) and in such event payments under this article shall then be made in accordance with and subject to such direction.

(5)     Payments shall be made by a local authority at monthly intervals.

(6)     Notwithstanding this or any other provision of these Regulations a once-off single amount may also be paid to a member in accordance with and subject to article 9.

6.      (1)      The annual rate of payment in respect of members of county councils and city councils shall stand as €11,000.

(2)     The annual rate of payment in respect of members of the local authorities mentioned in Parts I, II, and III of the Schedule shall stand as €5,500, €2,750 and €1,500 respectively.

(3)     Whenever by virtue of the Oireachtas (Allowances to Members) Act, 1938 (as amended) the basic amount of a Senator's salary is altered from a particular day, then the amount payable under sub-article (1) and (2) is by the operation of this sub-article altered on and from that day by the same proportion.

(4)     Subject to these Regulations, the applicable annual rate of payment for the time being in respect of the members of a local authority is, as the case may be, the sum as fixed by sub-article (1) or (2), and where relevant as altered by virtue of sub-article (3).

7.       (a)     A local authority shall exchange such information with any other local authority as may be required in relation to the determination and making of payments.

(b)     A local authority may by notice in writing request any member to supply, within such period as it may specify, such information as it may require for or in relation to the determination and making of payments under these Regulations and the member shall supply such information.

(c)      A local authority may suspend payments in the event of failure to supply information pursuant to a notice referred to in paragraph (b).

8.      (1)      A local authority shall for each year maintain a public register of all payments made under section 142 and 143 of the Act.

(2)      Without prejudice to the generality of sub-article (1), the register shall include in respect of each member -

(a)      a record of attendance at meetings of the authority and of its committees and joint committees of which the person is a member;

(b)      the amount of payments under these Regulations;

(c)      the amount of the composite annual allowance paid;

(d)      the amount of any allowance paid under section 142(1)(c) or section 143 of the Act;

(e)      the amount of payments to which section 142(5) of the Act apply and the events attended.

9.      (1)      A once-off single amount, as may be determined by a local authority in accordance with and subject to directions given by the Minister for that purpose under article 10, may be paid by the authority to a member.

(2)      A member may by notice in writing given to a local authority decline to accept a payment under this article and where so notified the local authority shall not make such payment.

(3)      Articles 4(3) and (4) and articles 7 and 8 apply to a payment under this article.

10.     (1)     The Minister may from time to time give directions in relation to any matter referred to in these Regulations or any other matter which appears to him to be necessary or expedient for the purposes of section 142 of the Act.

(2)      Without prejudice to sub-article (1) a direction may be given

(a)      to provide for a reduction in payments under article 5 in circumstances specified in such direction, whether by reference to non attendance at meetings of the authority and of its committees and joint committees of which the person concerned is a member, or otherwise;

(b)     as regards the determination and payment of a once-off single amount under article 9, or any connected matter.

SCHEDULE

Article 6(2)

Part I

Town/Borough Councils mentioned in Part 3 of Schedule 7 to the Act and the town councils of Athlone and Ennis.

Part II

Town Councils of towns mentioned in Chapter 2 of Part 1 of Schedule 6 to the Act, excluding those to which Part I of this Schedule applies; and the town councils of Balbriggan, Droichead Nua, Greystones, Leixlip, Portlaoise and Shannon.

Part III

Town Councils of towns mentioned in Part 2 of Schedule 6 to the Act, excluding those to which Part II of this Schedule applies.

The Minister for Finance hereby consents to the Local Government (Representational Payment for Members) Regulations, 2001.

EXPLANATORY NOTE

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

These Regulations provide for representational payment for members of local authorities in accordance with section 142 of the Local Government Act, 2001 .