PART 5

Cathaoirleach and Leas-Chathaoirleach

Chapter 1

General

31. —(1) Subject to this Part each local authority shall have a chairperson and vice-chairperson who shall be elected and hold office in accordance with this Part and who in this Act are referred to as “Cathaoirleach” and “Leas-Chathaoirleach”, respectively, and shall be so known except where the provisions of section 32 apply.

(2) The holders of the offices of Cathaoirleach and Leas-Chathaoirleach shall as appropriate be styled—

(a) in the case of a county council, in the Irish language “Cathaoirleach Chontae .......” and “Leas-Chathaoirleach Chontae .......” followed by the name of the county in Irish, and in the English language “Cathaoirleach of the County of .......” and “Leas-Chathaoirleach of the County of .......” followed by the name of the county in English,

(b) in the case of a city council, in the Irish language “Cathaoirleach Chathair .......” and “Leas-Chathaoirleach Chathair .......” followed by the name of the city in Irish, and in the English language “Cathaoirleach of the City of .......” and “Leas-Chathaoirleach of the City of .......” followed by the name of the city in English,

(c) in the case of a town council, in the Irish language “Cathaoirleach Bhaile .......” and “Leas-Chathaoirleach Bhaile .......” followed by the name of the town in Irish, and in the English language “Cathaoirleach of the Town of .......” and “Leas-Chathaoirleach of the Town of .......” followed by the name of the town in English.

(d) in the case of a borough council, in the Irish language “Cathaoirleach Bhuirg .......” and “Leas-Chathaoirleach Bhuirg .......” followed by the name of the borough in Irish, and in the English language “Cathaoirleach of the Borough of .......” and “Leas-Chathaoirleach of the Borough of .......” followed by the name of the borough in English.

(3) Any reference in any other enactment to the lord mayor, mayor, chairman, deputy lord mayor, deputy mayor or vice-chairman or cognate words shall, where the context so requires, be read as a reference to the Cathaoirleach or Leas-Chathaoirleach or other title standing for the time being by virtue of section 32 , as the case may be.

(4) The Cathaoirleach shall take precedence at all meetings of the local authority and all proceedings of the elected council.

(5) Anything authorised or required by this Act or otherwise by law to be done by, to or with the Cathaoirleach may where necessary be done by, to or with the Leas-Chathaoirleach of the local authority.

(6) The Cathaoirleach may, where the Leas-Chathaoirleach is unavailable, nominate from among the other members of the local authority a member for the purpose of representing the Cathaoirleach at any ceremony or event in that capacity and that member shall be entitled to act in that capacity for such purpose.

(7) Where a casual vacancy occurs in the office of Cathaoirleach of a local authority, the Leas-Chathaoirleach shall assume the responsibilities of the office pending the election in accordance with this Part of a Cathaoirleach.

(8) A person holding the office of Cathaoirleach or Leas-Chathaoirleach on the commencement of this provision shall continue to hold that office in accordance with this Part.

(9) Subject to this Act, an outgoing Cathaoirleach or Leas-Chathaoirleach shall be eligible for re-election.

(10) This Chapter, subject to subsection (11), shall apply to a Cathaoirleach or Leas-Chathaoirleach elected in accordance with Chapter 2 or Chapter 3 of this Part.

(11) Section 34 shall apply to a Cathaoirleach or Leas-Chathaoirleach elected in 2004 in accordance with Chapter 2 or Chapter 3 of this Part and thereafter.

32. —(1) Where prior to the commencement of section 31 —

(a) Cork City Council or Dublin City Council used the title “Lord Mayor” or “Deputy Lord Mayor”,

(b) any other city council used the title “Mayor” or “Deputy Mayor”, or

(c) any borough council referred to in Chapter 1 of Part 1 of Schedule 6 used the title “Mayor” or “Deputy Mayor”,

to describe its office of Cathaoirleach or Leas-Chathaoirleach as the case may be, it shall continue to so use such title or titles notwithstanding the provisions of section 31 .

(2) A local authority referred to in subsection (1) may by resolution give the title Cathaoirleach or Leas-Chathaoirleach to its Lord Mayor or Deputy Lord Mayor, Mayor or Deputy Mayor, as the case may be, and in that case shall be styled in accordance with section 31 .

(3) Where titles are continued in accordance with subsection (1), the holders of the offices concerned shall, as appropriate, be styled—

(a) in the case of Cork City Council, in the Irish language “Ard-Mhéara Chathair Chorcaí” and “Leas Ard-Mhéara Chathair Chorcaí”, and in the English language “Lord Mayor of the City of Cork” and “Deputy Lord Mayor of the City of Cork”,

(b) in the case of Dublin City Council, in the Irish language “Ard-Mhéara Chathair Bhaile Átha Cliath” and “Leas Ard-Mhéara Chathair Bhaile Átha Cliath”, and in the English language “Lord Mayor of the City of Dublin” and “Deputy Lord Mayor of the City of Dublin”,

(c) in the case of any other city council, in the Irish language “Méara Chathair .......” and “Leas-Mhéara Chathair .......” followed by the name of the city in Irish, and in the English language “Mayor of the City of .......” and “Deputy Mayor of the City of .......” followed by the name of the city in English,

(d) in the case of a borough council, in the Irish language “Méara Bhuirg .......” and “Leas-Mhéara Bhuirg .......” followed by the name of the borough in Irish, and in the English language “Mayor of the Borough of .......” and “Deputy Mayor of the Borough of .......” followed by the name of the borough in English.

(4) Notwithstanding the provisions of section 31 a local authority may subject to the provisions of Schedule 8 give an alternative title to its Cathaoirleach or Leas-Chathaoirleach or revert to the title or titles of Cathaoirleach or Leas-Chathaoirleach as the case may be.

33. —(1) The Cathaoirleach or Leas-Chathaoirleach may resign from that office by notice in writing signed by him or her and delivered to the principal offices of the local authority.

(2) The vacancy caused by a resignation under subsection (1) shall occur on the date specified in the notice as the resignation date or, where no such date is specified, on receipt of such notice.

34. —(1) Subject to this section, a local authority may by resolution remove from office the Cathaoirleach or Leas-Chathaoirleach of such local authority for stated misbehaviour or if his or her removal appears to them to be necessary for the effective performance by the local authority of its functions.

(2) Notice of the intention to propose a resolution under this section (in this section referred to as a “notice”) shall—

(a) be signed by at least one-third of the total number of members of the local authority concerned,

(b) contain a statement of the reasons for the proposed removal,

(c) specify a day for the holding of a special meeting to consider the proposed removal, being a day which is not less than 21 days after the day on which the notice is delivered under paragraph (d),

(d) be delivered to the meetings administrator, and

(e) be delivered or sent to the Cathaoirleach or Leas-Chathaoirleach concerned.

(3) The meetings administrator shall on receipt of a notice and without delay send a copy of it to every member of the local authority and convene a special meeting for the date so specified to consider the proposed removal.

(4) (a) Such special meeting shall be chaired by a member of the local authority, other than the person the subject of the notice, chosen by the members present at the meeting.

(b) The person the subject of the notice shall at such meeting be afforded an opportunity to make a statement of response in relation to the proposed removal.

(5) It is necessary for the passing of a resolution under this section that at least three-quarters of the total number of members of the local authority concerned vote in favour of the resolution.