LOCAL GOVERNMENT (DUBLIN MAYOR AND REGIONAL AUTHORITY) BILL 2010

ARRANGEMENT OF SECTIONS

PART 1 PRELIMINARY AND GENERAL Head 1. Short title, construction and collective citation 2. Definitions 3. Commencement 4. Repeals, amendments and revocations 5. Savers PART 2 DUBLIN MAYOR AND REGIONAL AUTHORITY CHAPTER 1 Establishment of the Dublin Mayor and Regional Authority 6. The Dublin Mayor and Regional Authority 7. The Dublin Region 8. The Deputy Mayor 9. Meetings convenor 10. Mayoral vacancy 11. Resignation of the Mayor or Deputy Mayor 12. Removal of the Mayor from office 13. Removal of the Deputy Mayor from office CHAPTER 2 Governance and Administrative Arrangements 14. Responsibility of Mayor as head of the Authority 15. Membership of the Authority

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16.

Disqualification for nomination, election, appointment and being the Mayor for Dublin

17. Meetings of the Authority 18. Committees of the Authority 19. Saver for acts of committee 20. Chief executive officer 21. Staff of the Authority 22. Transfer of staff of public authorities 23. Engagement of consultants and advisers 24. Provision of services 25. Annual report 26. Finance and accounts 27. Expenses 28. Gifts 29. Immunity of the Authority 30. Mayor’s salary 31. Pensions 32. Prohibition on unauthorised disclosure 33. Prohibition on certain communications 34. Attendance of public and media at meetings PART 3 FUNCTIONS OF THE AUTHORITY CHAPTER 1 General Functions and Objectives of the Authority 35. General objectives of the Authority 36. Principal functions of the Authority 37. Mayoral strategy 38. Powers of Mayor to issue directions and advice 3

39. Mayor’s power to make arrangements for the preparation of a regional plan 40. Mayor reporting to Dublin local authorities 41. Dublin local authority budgets and contracts etc. 42. Joint committees 43. Joint discharge and transfer of functions 44. Power to establish a community fund 45. Review of the Authority’s role and operations CHAPTER 2 Regional Planning Guidelines 46. Regional planning guidelines for the Greater Dublin Area 47. Joint working with the Mid-East Regional Authority 48. Role of the Authority in Relation to development plans and local area plans 49. Dublin Region planning authorities to consider the policies or objectives of the Authority CHAPTER 3 Regional Waste Management 50. Waste management planning vested in the Authority 51. Functions of Mayor and members of the Authority in making plan CHAPTER 4 Regional Water Services 52. Water services planning and other functions vested in the Authority 53. Provision of water services in the region 54. Distribution of water services facilities 55. Functions of Mayor and members of the Authority in making the water services strategic plan 4

CHAPTER 5 Regional Housing 56. Role of the Authority in relation to housing services plans 57. Dublin Region housing authorities to consider the policies or objectives of the Authority CHAPTER 6 Regional Bodies 58. Mayor and Dublin Transport 59. Dublin Regional Development Board CHAPTER 7 Ministerial Guidelines and Directives 60. Consistency with national objectives etc. 61. Ministerial guidelines 62. Ministerial policy directives 63. Ministerial directions regarding regional plans PART 4 ELECTION OF MAYOR CHAPTER 1 Preliminary and General 64. Interpretation 65. Forms 66. Eligibility for office of Mayor 5

67. Offence to act as Mayor when disqualified 68. Cesser of holding of office of Mayor 69. Dublin Region Electoral Area 70. Right to vote at mayoral elections 71. Prohibition of plural voting 72. Year, day and time of mayoral election 73. Conduct of election 74. Amendments to certain Acts relating to mayoral elections 75. Election petitions in relation to mayoral elections CHAPTER 2 Returning Officer 76. Returning officer 77. General duty of returning officer 78. Deputy returning officers 79. Election office 80. Expenses of returning officer 81. Mutual assistance CHAPTER 3 Manner of Voting 82. Manner of voting CHAPTER 4 Nominations 83. Application of certain provisions of Part IV of the Regulations of 1995 84. Nomination of candidates 85. Deposit by certain candidates 6

86. Return or disposal of deposit 87. Procedure after nominations CHAPTER 5 Agents of Candidates 88. General provisions as to agents 89. Officers not to act as agents of candidates, further candidature etc. CHAPTER 6 Death of a Candidate 90. Death of a candidate CHAPTER 7 Postal Voting 91. Postal voting CHAPTER 8 Voting by Special Voters 92. Voting by special voters CHAPTER 9 Polling on Islands 93. Polling on islands CHAPTER 10 Arrangements for the Poll 7

94. Notice of poll 95. Ballot papers 96. The official mark 97. Application of certain provisions of Part X of the Regulations of 1995 98. Polling information cards CHAPTER 11 The Poll 99. Application of the provisions of Part XI of the Regulations of 1995 CHAPTER 12 Arrangements for the Counting of the Votes 100. Arrangements for the counting of the votes. CHAPTER 13 Rules for the Counting of the Votes 101. 102. 103. 104. 105. 106. 107. 108. 109. Interpretation (Chapter 13) Invalid ballot papers First count The quota Exclusion of candidate Recount Declaration of result of the poll Return of person elected Decision of returning officer CHAPTER 14 8

Retention, Inspection and Disposal of Documents 110. Application of the provisions of Part XIV of the Regulations of 1995 CHAPTER 15 Electoral Offences 111. Application of the provisions of Part XV of the Regulations of 1995 CHAPTER 16 Spending and Donations at an Election 112. [Matter under consideration.] CHAPTER 17 Miscellaneous 113. Application of certain provisions of Part XVI of the Regulations of 1995 PART 5 APPLICATION OF LOCAL GOVERNMENT ACTS TO THE AUTHORITY 114. 115. Application of local authority personnel provisions Application of ethical framework PART 6 DISSOLUTION OF DUBLIN REGIONAL AUTHORITY ESTABLISHED UNDER LOCAL GOVERNMENT ACT 1991 116. 117. Dissolution of Dublin Regional Authority Transfer of land and other property 9

118. 119. 120. 121. 122. 123. 124.

Transfer of rights and liabilities Preservation of existing contracts Continuance of legal proceedings References in legislation to Dublin Regional Authority Final accounts Admissibility of evidence Transfer of staffing services to Dublin Regional Authority PART 7

CHANGING OF PLACENAMES AND DISPLAY OF NAMES OF STREETS ETC. 125. Amendment of Principal Act PART 8 MISCELLANEOUS 126. Immunity etc. for complainants

SCHEDULE 1
MEETINGS AND PROCEEDINGS OF THE AUTHORITY

SCHEDULE 2
ENACTMENTS REPEALED

SCHEDULE 3
FORM OF BALLOT PAPER

SCHEDULE 4
MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO MAYORAL ELECTIONS

SCHEDULE 5 10

CERTIFICATE OF POLITICAL AFFILIATION

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___________________ LOCAL GOVERNMENT (DUBLIN MAYOR AND REGIONAL AUTHORITY) BILL 2010 ___________________

AN ACT TO PROVIDE FOR THE ELECTION OF A MAYOR FOR DUBLIN AND FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN IN THE ENGLISH LANGUAGE AS THE DUBLIN REGIONAL AUTHORITY OR IN THE IRISH LANGUAGE AS ÚDARÁS RÉIGIÚNACH BHAILE ÁTHA CLIATH, TO DEFINE THE FUNCTIONS OF THE AUTHORITY, AND FOR THAT PURPOSE TO AMEND THE PLANNING AND DEVELOPMENT ACT 2000, THE LOCAL GOVERNMENT ACT 2001, THE DUBLIN TRANSPORT AUTHORITY ACT 2008, AND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR THE DISSOLUTION OF THE DUBLIN REGIONAL AUTHORITY ESTABLISHD UNDER THE LOCAL GOVERNMENT ACT 1991 AND RELATED MATTERS.

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Notes: Standard provision.

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PART 1

PRELIMINARY AND GENERAL

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Head 1 Short title, construction and collective citation

(1) This Act may be cited as the Local Government (Dublin Mayor and Regional Authority) Act 2010.

(2) The Local Government Acts 1925 to 2009 and this Act shall be read together as one and this Act shall be included in the collective citation Local Government Acts 1925 to 2009.

Note: A Standard provision. This ensures that this Bill is read with the generality of the local government code and allows the use of standard provisions, such as the power to make regulations contained in section 4 of the 2001 Local Government Act, without the need to repeat those provisions here. The most recent Local Government Act is the Local Government (Charges) Act 2009, previously the Local Government (Roads Functions) Act 2007.

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Head 2 Definitions

In this Act, except where the context otherwise requires—

“Act of 1996” means the Waste Management Act 1996;

“Act of 2000” means the Planning and Development Act 2000;

“Act of 2007” means the Water Services Act 2007;

“Act of 2008” means the Dublin Transport Authority Act 2008;

“Dublin local authority” means Dublin City Council, Dun-Laoghaire Rathdown County Council, Fingal County Council and South Dublin County Council and a reference to Dublin local authorities shall be construed accordingly;

“development agency” means the Industrial Development Agency (Ireland), Enterprise Ireland, or such other body as may be prescribed by the Minister for the purposes of Part 3;

“establishment day” is to be read in accordance with Head 6(1);

“Greater Dublin Area” has the meaning assigned to it by the Act of 2008; 15

“Mid-East Region” has the same meaning as in the First Schedule (Regional Areas etc.) to S.I. No. 394 of 1993, the Local Government Act, 1991 (Regional Authorities) (Establishment) Order 1993; “Principal Act” means the Local Government Act 2001;

“public authority” means(a) a Minister of the Government, (b) the Commissioner of Public Works in Ireland, (c) the Health Service Executive, (d) a board or other body (but not including a company under the Companies Acts 1963 to 2009) established by or under statute, (e) a company under the Companies Acts 1963 to 2009 in which all the shares are held(i) (ii) (iii) by or on behalf of a Minister of the Government, by directors appointed by a Minister of the Government, or by a board, company or other body referred to in paragraph (d) or subparagraph (i) or (ii), (f) a university or other place of third level education, (g) such other body as may be prescribed by regulations made by the Minister for the purposes of any provision of this Act;

“meetings convenor” has the meaning given to it by Head 9;

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“regional plan” means a plan, strategy, guidelines or programme made by the Authority under Part 3, including any regional planning guidelines, waste management plan, or water services strategic plan made before the commencement of this Act and which relates to the area of the Dublin Region and which may be reviewed or replaced by the Authority.

Notes: Standard provision. This head does not repeat definitions in the Principal Act as the Bill is read with that Act. The following points should be noted: The Act of 2000 was amended in 2001, 2002, 2006, 2008 and will be amended in 2009/2010 by the Planning and Development (Amendment) Bill 2009, currently before the Oireachtas. The term “regional plan” is intended to encompass the various regional plans, guidelines, etc which the Authority will be charged with making, and includes those regional plans which are currently in place, whether made by the exiting Regional Authority (i.e. Regional Planning Guidelines) or by the Dublin Authorities collectively (i.e. the Dublin Waste Regional Plan). The “Mid-East Region” is referenced in head 35 (General objectives) and head 47 (Joint working with the Mid-East Regional Authority). For “public authority” the definition in the LG Act 2001 has been used, excluding harbour authorities (there are very few, and none within the Dublin Region), and health boards/authorities (as the HSE is included). “University or other place of third level education” is new text, intended to facilitate the Authority’s interactions with higher education institutions in pursuit of the Authority’s urban enterprise, innovation and development objectives.

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Head 3 Commencement

This Act shall come into operation on such day or days as may be fixed therefore by any order or orders of the Minister, either generally or with reference to any particular purpose or provision, and different days be so fixed for different purposes and different provisions of this Act.

Note: A Standard provision.

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Head 4 Repeals

(1) The Acts specified in Schedule 2 are repealed to the extent specified in column 3 of that Schedule opposite the mention of the Act concerned.

Note: Standard provision. See Schedule 2.

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Head 5 Savers

(1) The repeal or revocation by this Act of any provision of any enactment which is applied by a provision of any other enactment not so repealed or revoked, shall not affect such application and accordingly the first-mentioned provision continues to apply and have effect for the purposes of such application.

Note: Standard provision. An example of the effect of this provision is in the Committee Stage Brief for the 2001 Act - the local inquiry provisions under s.83 of the LG Act 1941 were applied by s.83 of the Health Act 1970 to the Health Boards, along with other provisions of the 1941 Act. These applied provisions continued to apply to the Health Boards despite the repeal of the LG Act 1941 provided for in the 2001 Act. Parliamentary Counsel to consider if this is necessary.

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PART 2

DUBLIN MAYOR AND REGIONAL AUTHORITY

Notes: This Part is divided into 2 Chapters. The first chapter provides for the introduction of a Mayor for Dublin and a new basis in primary legislation for a new Regional Authority of Dublin. This Authority will replace the Dublin Regional Authority established by S.I. 394 of 1993 under S.43 of the LG Act 1991. Chapter 2 deals with governance and administrative issues including the membership of the Authority, the statutory position of the Mayor as head of the Authority, the chief executive officer, staffing arrangements, reporting accountability etc.

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CHAPTER 1 Establishment of the Dublin Mayor and Regional Authority

Head 6 The Dublin Mayor and Regional Authority

(1) There shall be a Mayor for Dublin who shall be elected and hold office in accordance with this Act, and who in this Act is referred to as “the Mayor.”

(2) There stands established on the establishment day a body to be known in the English language as the Dublin Regional Authority, or in the Irish language, Údarás Réigiúnach Bhaile Átha Cliath, and in this Act referred to as “the Authority”.

(3) (a) The Authority shall consist of the Mayor for Dublin and its members. (b) The Regional Authority of Dublin shall be appointed in accordance with this Act.

(4) (a) The Authority shall perform the functions assigned to it under this Act, or any other Act.

(b) Functions so assigned are, unless assigned to the members of the Authority, exercisable by the Mayor acting on behalf of the Authority, in accordance with the provisions of this Act.

(5) The Authority shall stand established on such day as the Minister shall appoint by order. 22

(6) The Authority is a body corporate with perpetual succession and a seal and power to sue and be sued in its corporate name and to acquire, hold, manage, maintain and dispose of land or any interest in land.

(7) The Authority shall, as soon as may be after its establishment, provide itself with a seal which shall be judicially noticed and every document claiming to be an instrument made by it and to be sealed with its seal (claiming to be authenticated in accordance with subsection (8)) shall be received in evidence and be deemed to be that instrument without further proof unless the contrary is shown.

(8) The seal referred to in subsection (7) shall be authenticated by the signature of the Mayor or of an employee of the Authority nominated in writing for that purpose by the Mayor following consultation with the chief executive.

(9) (a) A Mayor elected in accordance with this Act shall come into office as Mayor on the day following the day on which the returning officer has declared the result of the poll under Heads 107 or 87(1)(b), and, subject to the provisions of Heads 10, 11, 12 and 16, shall hold office as Mayor until the day on which the returning officer declares the result of the next poll under this Act.

(b)A person who assumes the responsibilities of the office or is appointed as Mayor under the provisions of Head 10 shall hold office as Mayor until the day on which the returning officer declares the result of the next poll under this Act. 23

Notes: This Head is the basic section providing for the Mayor and Regional Authority of Dublin. (1)Subheads (1), (2) and (3) provide for the Mayor and Regional Authority of Dublin,. This institution will replace the Dublin Regional Authority established by S.I. 394 of 1993, made under section 43 of the Local Government Act 1991. Given that the “new” Authority will be significantly more powerful than the existing authority it is proposed to dissolve the Authority set up under SI. This dissolution and consequential provisions are set in Part 6 of the Heads. (Note: Other regional authorities will continue to exist under the Authority of S.I. 394 of 1993). Provision is based on section 9 of the Dublin Transport Authority Act 2008 and section 16 of the Roads Act 1993. Note the Dublin Regional Authority currently styles itself in Irish as Údarás Réigiunda Átha Cliath. However it would be more appropriate to give the full title of Dublin as “Baile Átha Cliath”, and the term “Réigiúnach” is the more widely used term for “Regional” – see www.focal.ie for sources. (3) “The Authority” is described as consisting of the Mayor (who will be directly elected), and the Authority’s members. [It should be noted that the Greater London Authority Act 1999 provides for a Greater London Authority which consist of the Mayor of London and the Assembly of London. The London Mayor is not a member of the London Assembly but is accountable to it. The Assembly has its own chair. In the case of Dublin, however, the Mayor will be both Chair and a member of the Regional Authority.] (4) Subhead (4) provides for the Authority to perform functions in accordance with the Act. This is a standard provision (see last clause of Section 9 (1) DTA Act 2008 or Section 16(1) Roads Act, 1993. However, the provision is set out in a separate subhead to allow for refinement of the provision is paragraph (b) which provides that functions are exercisable by the Mayor or by the members of the Authority, the default being the Mayor – see section 35(1) Greater London Authority Act but changed to reflect the different structure involved in Dublin. (5)Standard provision for an establishment day – see Section 8 DTA Act 2008 or Section 16(2) Roads Act, 1993. 6),(7) and (8). These are based on standard provisions – see LG Act 2001 section 11(7) et seq., DTA Act 2008 Section 9(3) et seq, Roads Act 1993 Third Schedule Para 1 and 2. Note also that in subhead (8) the Mayor/CEO relationship is reversed from the Cathaoirleach/manager relationship in LG Act to reflect different reporting arrangements under this Act. (9) (a) Based in part on s.40(5) of the LG Act 2001. See also s.2(8) of the GLA Act 1999. Head 10 provides for a vacancy occurring. Head 11 provides for the resignation of the Mayor. Head 12 provides for the removal of the Mayor from office by the members of the Authority. Head 16 applies certain disqualifications to a Mayor. The candidate is deemed to be elected on and ‘thereupon stands elected’ on declaration of the polls result. Head 107 concerns the declaration 24

of the result of the poll. Head 87(1)(b) concerns the automatic declaration of the election of a sole candidate for Mayor. (9)(b) is new text to provide for the term of office of a Mayor who assumes the position due to a Mayoral vacancy. See also Head 15(4) and (5), in relation to the term of office of the members of the Authority.

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Head 7 The Dublin Region

(1) The area constituting the Dublin Region shall consist of the local government areas of Dublin City and the Counties of Dún Laoghaire-Rathdown, Fingal and South Dublin and shall be referred to in this Act as the Dublin Region.

(2) The Dublin Region shall be the administrative area of the Authority.

Note: This Head defines the administrative area of the Dublin Region. The term “local government area” is read with section 10 of the Principal Act.

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Head 8 The Deputy Mayor

(1) There shall be a Deputy Mayor for Dublin who shall hold office in accordance with this Act, and who in this Act is referred to as “the Deputy Mayor”.

(2) The Deputy Mayor shall be appointed by the Mayor from among the members of the Authority, not being a Cathaoirleach of a Dublin local authority.

(3) The Deputy Mayor shall have such functions as may be conferred upon him or her by or under this Act or any other enactment.

(4) The Deputy Mayor shall have such additional duties and responsibilities as the Mayor determines.

(5) Anything authorised or required by this Act or otherwise by law to be done by, to or with the Mayor may where necessary due to the absence or indisposition of the Mayor, be done by, to or with the Deputy Mayor.

(6) The Deputy Mayor shall act as Deputy Chair of the Authority.

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(7) The Mayor may, where the Deputy Mayor is unavailable, nominate from among the members of the Authority a member for the purpose of representing the Mayor at any ceremony or event in that capacity and that member shall be entitled to act in that capacity for such purpose.

Notes: (1) This subhead provides for a Deputy Mayor for Dublin. The text “who shall hold office in accordance with this Part” is taken from s.31 of the LG Act 2001. (2) Provides that the Mayor will appoint the Deputy Mayor from among the members of the Authority. (3) Provides for the conferment of functions on the Deputy Mayor. See s.49(2) of the GLA Act 1999, which is the source of this text. The final part of the section “whenever passed or made” has been omitted, as archaic and seems to add little. (4) Provides that the Mayor can give the Deputy Mayor additional functions. The New York City Charter is the source of “with such duties and responsibilities as the Mayor determines” (5) Based on s.31(5) of the LG Act 2001. (6) Provides that the Deputy Mayor will be Deputy Chair of the Authority. See also Schedule 1. (7) Provides for replacement representation, in the event of non-availability of the Deputy Mayor. See s.31(6) of the LG Act 2001. See also Schedule 1 (Meetings and Proceedings of the Authority) and Head 17 (Meetings of the Authority).

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Head 9 Meetings convenor

(1) The meetings convenor shall have the duties of meetings administration of the Authority and shall, under the direction of the Mayor and chief executive, ensure that meetings are organised and operated so as to promote effectiveness and efficiency in the discharge of business.

(2) The chief executive of the Authority shall appoint a meetings convenor from among the staff of the Authority, except that on the establishment of the Authority, the director of the Dublin Regional Authority established under the Local Government Act 1991 shall be assigned the role of meetings convenor of the Authority.

Notes: (1) See sections 46 and 47 of the Local Government Act 2001. (2) The 1991 Act refers to the ‘secretary’ of a Regional Authority, S.I. 1 of 1998 (the Local Government Act, 1991 (Regional Authorities) (Establishment Order) 1993, (Amendment) Order, 1998) changed this title to ‘director’.

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Head 10 Mayoral Vacancy

(1) In any case where at the time of a vacancy occurring in the office of Mayor, the term of office then remaining exceeds 12 months, a bye-election shall be held to fill that vacancy in accordance with Part 4 of this Act.

(2) In any other case the Deputy Mayor shall assume the responsibilities of the office, including the appointment of a Deputy Mayor, pending the next Mayoral election.

(3) Where subhead (2) applies and there is a concurrent vacancy in the office of Mayor and Deputy Mayor, the Minister shall appoint a member of the Authority to the office of Mayor, pending the next Mayoral election.

(4) A person elected to fill a vacancy in the office of Mayor shall hold office for the remainder of the term of office of his or her predecessor.

(5) For the purposes of this section, “bye-election” means an election to fill a vacancy in the office of Mayor pursuant to subhead (1).

(6) A vacancy in the office of Mayor occurs in such circumstances as are provided for in(a) Heads 11, 12, 16, 68, 83 and 90, and 30

(b)

Section 15(1) of the Local Elections (Petitions and Disqualifications) Act 1974.

Notes: (1) Provides that a Mayoral vacancy occurring not less than 12 months before the term of office expires will be filled by means of a fresh election as provided for in Part 4 of the Bill. This Head is based on s. 41 of the LG Act 2001. (2) Provides that a Mayoral vacancy occurring within 12 months of the expiration of the term of office will be filled by the Deputy Mayor and not by an election. (3) Provides for the simultaneous resignation of Mayor & Deputy Mayor where such resignations may occur within 12 months of the expiration of the term of office. (4) Provides that the new Mayor elected pursuant to this provision will only hold office for the remainder of the normal term of office, to ensure synchronisation with the local electoral cycle from 2014 onwards. (5) Clarifies that “bye-election” refers to an election held in accordance with subhead (1), as distinct from an election for a term of 5 years to coincide with the local electoral cycle. (6) Sets out the various provisions under which a vacancy may occur e.g. resignation, removal from office, disqualification, death, withdrawal, petitions (based on and intended to capture the principle of s. 19(1) of the LGA 2001).

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Head 11 Resignation of the Mayor or Deputy Mayor

(1) The Mayor may resign from that office by notice in writing signed by him or her and delivered to the Authority.

(2) The Deputy Mayor may resign from that office by notice in writing signed by him or her and delivered to the Mayor.

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

Notes: (1) This subhead provides for the resignation of the Mayor and Deputy Mayor. Based on s. 33 of the LG Act 2001.

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Head 12 Removal of the Mayor from office

(1) The members of the Authority may, whenever in their judgement the public interest shall so require, seek to remove from office the Mayor due to—

(a) incapacity, physical or mental impairment,

(b) loss of confidence of the Authority, or

(c) stated misbehaviour.

(2) Notice of a proposal under this section shall—

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

(b) contain a statement of the reason 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 (e),

(d) be delivered to the meetings convenor, and 33

(e) be delivered or sent to the Mayor.

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

(4) The Mayor may prepare a statement of response in relation to the proposed removal and such statement shall be sent to each member of the Authority.

(5) It is necessary for the passing of a proposal under this section that—

(a) at least three quarters of the total number of members of the Authority vote in favour of the resolution, and

(b) the members of the Authority shall have considered any statement of response prepared by the Mayor under subsection (4).

(6) (a) The Mayor may not be removed from office without the sanction of the Minister given under this subsection.

(b) The Minister may appoint a panel of 3 persons—

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(i) to consider the removal of the Mayor where a proposal has been passed by the members of the Authority in accordance with subsection (5),

(ii) to recommend whether the Minister should give sanction to such removal, and

(iii) to make such recommendations (if any) as the panel may consider appropriate in all the circumstances.

(c) A panel shall be independent in the performance of its functions.

(d) A panel shall include a chairperson and 2 other persons having knowledge of or experience in local government, human resources or management.

(e) Should the Minister choose to appoint a panel, the Minister’s decision to give or withhold sanction shall have regard to a recommendation or recommendations under paragraph (b).

(7) The Minister may by regulation prescribe any matter of procedure for the purposes of this section. Notes: (1) The purpose of this Head is to provide a democratic political process by which the Mayor may be removed from office, for reasons of incapacity, physical or mental impairment, loss of confidence of the Authority, or stated misbehaviour. (2) Based on s.146 of the Local Government Act 2001. (3) Based on s.146 of the Local Government Act 2001. (4) Based on s.146 of the Local Government Act 2001. 35

(5) Based on s.146 of the Local Government Act 2001. (7) Based on s.146 of the Local Government Act 2001.

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Head 13 Removal of the Deputy Mayor from Office

(1) The Mayor may remove from office the Deputy Mayor for stated misbehaviour or if his or her removal appears to the Mayor to be necessary for the effective performance of the Authority of its functions.

(2) Prior to removing the Deputy Mayor from office, the Mayor shall inform a meeting of the members of the Authority of his or her intention to remove the Deputy Mayor, during which the members of the Authority will be given an opportunity to express their views on the Deputy Mayor’s removal, and the Mayor shall have regard to the members’ views.

Notes: (1) This subhead provides for the removal of the Deputy Mayor by the Mayor. This provision uses the language of section 34(1) of the LG Act 2001. (2) Subhead 2 provides a process by which the Mayor must consult with the members of the Regional Authority prior to removing the Deputy Mayor from office.

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CHAPTER 2

Governance and Administrative Arrangements

Head 14 Responsibility of Mayor as Head of the Authority

(1) The Mayor shall be the head of the Authority and he or she shall be responsible for the performance of functions that are assigned to the Authority in accordance with the provisions of this Act.

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Head 15 Membership of the Authority

The Authority shall consist of 16 members, including the Mayor.

Save in regard to the Mayor, each other member of the Authority shall be appointed by the local authorities referred to in subhead (3) in the manner set out in this Head.

(a) 5 members shall be appointed by Dublin City Council.

(b) 2 members shall be appointed by each of the county councils of Dún LaoghaireRathdown, Fingal and South Dublin.

(c) The Lord Mayor or Cathaoirleach of each of the local authorities set out in paragraphs (a) and (b) shall be ex officio members of the Authority for the duration of their term of office as Lord Mayor or Cathaoirleach of their respective local authority.

(1) The persons to be appointed by a local authority to be members of the Authority under subhead (3)(a) and (b) shall be appointed, in the case of the first appointment, as soon as may be after the establishment day and thereafter at the annual meeting or the quarterly meeting, as the case may be, of such local authority held next after every election of the members of such local authority.

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(2) Save in relation to the Mayor, every member of the Authority shall hold office (unless the member sooner dies, resigns or becomes disqualified or membership terminates under subhead (8)) until the day after the next appointment of members of the Authority in accordance with subhead (3).

(3) Where a member of the Authority ceases to be (or is disqualified from being) a member of the local authority by which such person was appointed to be a member of the Authority, such person shall also cease to be (or be disqualified for being) a member of the Authority.

(4) A member of the Authority may at any time resign from membership by giving signed notice in writing to the Mayor and the resignation shall take effect from the date of the receipt of the notice by the Mayor.

(5) (a) A casual vacancy occurring among the members of the Authority shall, as soon as may be, be filled by the local authority by whom the member causing the vacancy was appointed in the same manner as appointments are required to be made in accordance with subhead (3).

(b) For the purposes of paragraph (a), a casual vacancy means a vacancy caused in the membership of the Authority by a member of the Authority ceasing to hold office other than so ceasing as a result of the member's successor having been appointed.

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Notes: This Head provides for the appointment of the members of the Regional Authority, and provides that the Mayor is also a member of the Authority

(1) Subhead (1) provides that the Authority is to consist of 16 members including the Mayor. The Mayor’s role as chair of the Authority is provided for in Head 17 (Meetings of the Authority). Matters in relation to chairing the Authority’s meetings are further mentioned in Schedule 1 (Meetings and Proceedings of the Authority). (2) – (3) These provisions are modelled on article 5 of S.I. 394 of 1993, which established the Regional Authorities, modified as required.

(4) Addresses issue of initial membership. Renomination is appropriate given the dissolution of the Dublin Regional Authority. (Based on Article 6 of the 1993 Regulations.) (5) - (8) These subheads are based on articles 6 to 9 and 11 of the 1993 Regulations, modified as necessary.

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Head 16 Disqualification for nomination, election, appointment and being the Mayor for Dublin

(1) The persons specified in section 13 and 13A of the Principal Act are disqualified from being nominated for election, being elected or appointed as, and being the Mayor.

(2) (a) A person elected or appointed as Mayor is disqualified from election, or holding office, as a member of a local authority for as long as that person remains Mayor.

(b) A casual vacancy under section 19 of the Principal Act shall apply in respect of circumstances where subhead 2(a) of this section applies.

(3) A person nominated for election to the European Parliament may not be nominated for election as the Mayor.

(4) (a) Subject to subhead (4)(b) a person is disqualified from being nominated for election, being elected or appointed as, and being the Mayor if he or she is convicted of, or has had a conviction confirmed on appeal for, an offence relating to fraudulent or dishonest dealings affecting the Authority.

(b) A disqualification arising under subhead (4)(a) commences-

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(i) Where no appeal is taken against the conviction, when the time limit for taking an appeal has passed, or (ii) Where an appeal is taken against the conviction and the appeal is disallowed, one month from the determination of the appeal,

and the disqualification shall be for 5 years from the date of conviction or determination of the appeal, as the case may be.

Notes: Section 13 of the LG Act 2001 (and s.13A as inserted by the 2003 LG Act) sets out the persons who are disqualified from being nominated or elected to a local authority, including EU Commissioners, European Parliament members, Ministers, Guards and Defence Forces personnel, civil servants etc. Under 13A, Oireachtas members are included among those disqualified. Co-option is not relevant in this case. (1) New text. (2) New text, intended to permit Mayoral candidates to also stand for election as local authority members, but to enure that election as Mayor takes primacy over election as a member. The text is also intended to permit LA members to stand for Mayoral election in 2010. (3) New text, intended to prevent dual candidacy as Mayor and representative in the European parliament. Note that under subhead (1), a representative of the European Parliament may not be nominated, elected or appointed as Mayor. A European parliamentarian who wishes to serve as Mayor would be required to resign to permit nomination. (4) Text based on s.13(1)(m) and 13(2)(c) of the LG Act 2001. Note that Head 67 (Application of Ethical Framework) applies the ethics provisions of Part 15 of the LG Act 2001, which relate to annual declarations and disclosure of interests by members, managers, staff etc. See also Head 74 which has the effect of disqualifying a Mayor from running for Dáil, Seanad and European elections.

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Head 17 Meetings of the Authority

(1) The Mayor shall chair the meetings of the Authority and shall take precedence at all meetings of the Authority and all proceedings of the Authority.

(2) Schedule 1 shall apply and have effect in relation to the meetings and proceedings of the Authority and to connected matters.

Note: (1) This Head provides that the Mayor shall chair meetings of the Authority.

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Head 18 Committees of the Authority

(1) If the Authority considers it appropriate, it may establish one or more than one committee to consider matters connected with the functions of the Authority referred to it by the Authority, and to assist and advise the Authority on those matters.

(2) The Authority may dissolve a committee established by it but the dissolution is without prejudice to anything previously done by the committee.

(3) (a) The members of a committee first appointed shall be appointed as considered appropriate by the Authority and subsequent appointments shall be in such manner as the Authority may provide for.

(b) A committee consists of such number of persons, not being less than 3, as the Authority considers appropriate.

(c) Subject to paragraph (d), a committee may at the discretion of the Authority consist either wholly of persons who are members of the Authority or partly of persons who are, and partly of persons who are not, such members. (d) A person who is not a member of the Authority shall not be appointed to be a member of a committee unless, in the opinion of the Authority, he or she is a person having knowledge, qualifications or experience relevant to the functions of the committee. 45

(e) A member of a committee, being a member of the Authority by virtue of being Cathaoirleach of a Dublin local authority, shall be substituted on the committee by his or her successor in office as Cathaoirleach without requiring appointment under subsection (3).

(4) Unless dissolved in accordance with subhead (2) a committee shall be deemed to be dissolved on the day of the next appointment of members of the Authority in accordance with subhead (3).

Notes: Based on s.51 of the LG Act 2001 (Committees of Local Authorities). Note that the Committees are established by the Authority, but relate to the functions of the Authority as a whole (1) Subhead (1) is based on subsection (1) of s.51. (2) Taken from subsection (3) of s.51. (3) Taken from subsection (4) of s.51. (4) Taken from subsection (4) of s.51. “on the ordinary day of retirement of members of the Authority in accordance with section 17” (Term of Office) replaced with “on the day of the next appointment of members of the Authority in accordance with subhead 3 in accordance with subhead 5 of Head 15 (Membership of the Authority)”, i.e. the Committees are refreshed after every new intake of members, as with a local authority committee.

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Head 19 Saver for acts of committee

(1) The acts, decisions and proceedings of any committee of the Authority shall not be invalidated only because of a vacancy or vacancies in its membership or of the disqualification or want of qualification of any of its members.

Notes: Taken from section 54 of the LG Act 2001.

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Head 20 Chief executive officer

(1) There shall be a chief executive officer of the Authority (“chief executive”).

(2) The chief executive shall carry on and manage, and control generally, the staff, administration and business of the Authority and perform such other functions (if any) as may be determined by the Mayor or Authority in accordance with the provisions of this Act.

(3) The chief executive-

a. shall be appointed by the Mayor in accordance with procedures determined by the Authority, and

b. may be removed from office at any time for stated reasons by the Mayor, having first consulted with the Authority,

with the consent of the Minister.

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(4) The chief executive shall hold office for such term and upon and subject to such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Authority with the consent of the Minister given with the approval of the Minister for Finance.

(5) The Minister may appoint a chief executive designate prior to the establishment of the Authority.

(6) Notwithstanding subsection (3)(a), the chief executive designate shall be appointed chief executive on the establishment day of the Authority.

(7) The chief executive shall provide the Authority with such information, including financial information, in relation to the performance of his or her functions as the Authority may from time to time require.

(8) The functions of the chief executive may be performed in his or her absence or when the position of chief executive is vacant by such member of the staff of the Authority as may from time to time be designated for that purpose by the Mayor. Notes: (1) Subsection (1) provides for the Chief executive. This is standard language – see section 19(1) of Dublin Transport Authority Act 2008. (2) Subsection (2) provides for the duties of CEO, (section 19(2) DTA Act) (3) Subsection (3) provides that it shall be a function of the Mayor to appoint the chief executive, or to remove him or her from office for stated reasons, with the consent of the 49

(4) (5)

(6) (7) (8)

Minister. See section 19(3) DTA Act. Unlike the DTA Act however, the function rests with the Mayor rather than the Authority. Subsection (4) uses standard language in relation to the terms and conditions of appointment (see section 19(4) DTA Act). Subsection (5) allows for the Minister to appoint a chief executive designate. (See section 19(6) DTA Act.) It may be necessary to appoint a chief executive prior to the establishment of the Authority to ensure that the Mayor and Authority become effective at the earliest possible date. This subsection is consequential on subsection (5). This requires the CEO to provide information to the Authority in relation to his or her performance (section 19(8) DTA Act). Head 8 allows the Mayor to designate functions of the CEO to another official in the absence of the CEO, or vacancy in the office (section 19(9) DTA Act but with function vesting in Mayor rather than the Authority).

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Head 21 Staff of the Authority

(1) (a) The Mayor may, in addition to the appointment of the chief executive, appoint not more than five members of staff. (b) Any person so appointed shall have relevant expertise and experience in relation to the role to which they are appointed. (c) A document, setting out the expertise and experience of a person appointed under subsection (a), shall be laid before the Authority as soon as may be following that person’s appointment.

(2) An appointment under subhead (1) above is an appointment as an employee of the Authority.

(3) No appointment under subhead (1) above shall be such as to extend beyond the term of office for which the Mayor was elected.

(4) The Mayor may appoint such, and such numbers of, additional persons to be members of the staff of the Authority as he or she may determine with the approval of the Minister and the Minister for Finance.

(5) A member of the staff of the Authority (other than the chief executive) shall –

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(a) be paid such remuneration (including allowances for expenses) as the Mayor may determine with the approval of the Minister and the Minister for Finance, and (b) hold his or her office or employment on such other terms and conditions as the Mayor may determine.

(6) The categories of the staff of the Authority and the numbers of staff in each category shall be determined by the Mayor in consultation with the chief executive.

(7) Save in relation to appointments under subsection (1), Chapter 4 of Part 14 of the Principal Act shall apply in relation to every employment under the Authority and every employee of the Authority and references to a local authority in that Chapter shall be deemed to include references to the Authority.

Notes: Head 21 deals with the appointment of staff of the Authority. It is generally based on standard provisions (such as section 20 of the DTA Act 2008) save as set out below. (1), (2) & (3) Subsections (1) to (3) allow the Mayor to appoint personally 5 members of staff who are employees of the Authority for the duration of office. These are to be senior policy advisers. (4) Subsection (4) provides for appointment of regular full-time staff of the Authority. In this case the staffing arrangements are subject to the approval of the Minister with the consent of the Minister for Finance. This is a standard provision is Irish law and is based on section 20(1) of the DTA Act 2008. (5), (6) Subsections (5) and (6) are standard provisions in relation to remuneration, conditions and numbers - see section 20 DTA Act 2008, S 30 Roads Act, 1993 for examples. In this case, it is the Mayor, in consultation the CEO who determines the categories of staff. (7) This subhead applies the Personnel provisions of the LG Act 2001 to the Dublin Regional Authority, save in relation to appointment made under subsection (1). 52

Head 22 Transfer of staff of public authorities

(1) (a) A public authority may designate for employment by the Authority any person employed by the public authority and whose principal duties relate to a function assigned or transferred to the Authority under this Act, or to be so assigned or transferred to the Authority.

(b) A designation under this subsection by a public authority other than the Minister shall be made only with the consent of the Minister and the Mayor.

(c) A public authority shall not designate an employee under this subsection, without having notified in writing the employee and any recognised trade unions or staff associations concerned, of its intention to do so and considered any representations made by him or her, or by them or by any of them, in relation to the matter within such time as may be specified in the notification.

(2) The Authority shall accept into its employment a person designated under subsection (1) for employment by it.

(3) Acceptance into the employment of the Authority of a person designated under this section shall have effect on such day as may be specified by the Minister after consultation with the Mayor. 53

(4) The terms and conditions relating to tenure which are granted by the Mayor in relation to a person accepted into its employment under this section shall not, while the person is in the employment of the Authority, be less favourable to that person than those prevailing immediately before that person’s acceptance into such employment save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned. If a dispute arises between the Mayor and any such person as to the terms and conditions prevailing immediately before his or her acceptance into the employment of the Authority, the matter shall be determined by the Minister for Finance, after consultation with the Minister.

(5) Save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a person referred to in subsection (4) shall not, while in the employment of the Authority, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (other than those relating to tenure) than the scale of pay to which the person was entitled and the terms and conditions of service (other than those relating to tenure) to which the person was subject immediately before the day on which that person was so accepted.

(6) Until such time as the scale of pay and the terms and conditions of service (other than those relating to tenure) of a person referred to in subsection (4) are varied by the Mayor, following consultation with any recognised trade unions and staff associations concerned, the scales of pay to which such person was entitled and the terms and conditions of 54

service (other than those relating to tenure), restrictions, requirements and obligations to which the person was subject immediately before such acceptance shall continue to apply and may be applied or imposed by the Mayor, while the person is in the employment of the Authority; no such variation shall operate to worsen the scale of pay or the terms or conditions of service aforesaid applicable to an employee immediately before the person was accepted into the employment of the Authority, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.

(7) Previous service of any person in a public authority from which he or she was accepted into the employment of the Authority under this section shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in but subject to any exceptions or exclusions in the following Acts:

(a) the Redundancy Payments Acts 1967 to 2007, (b) the Protection of Employees (Part-Time Work) Act 2001, (c) the Protection of Employees (Fixed-Term Work) Act 2003, (d) the Organisation of Working Time Act 1997, (e) the Terms of Employment (Information) Acts 1994 and 2001, (f) the Minimum Notice and Terms of Employment Acts 1973 to 2005, (g) the Unfair Dismissals Acts 1977 to 2007, 55

(h) the Maternity Protection Acts 1994 and 2004, (i) the Parental Leave Acts 1998 and 2006, (j) the Adoptive Leave Acts 1995 and 2005, and (k) the Carer’s Leave Act 2001.

Notes: This is a standard provision on the transfer of staff of public authorities. It is based on section 31 of the Roads Act, 1993. It also makes reference to both “Mayor” (as the legal entity that lays down terms and conditions in accordance with Head 21) and “Authority” (as the employer). The list of Acts which apply to issues of employment etc has been updated in subhead (7) – based on Section 110(4) of the DTA Act 2008.

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Head 23 Engagement of consultants and advisers

(1) The Authority may, from time to time, engage such consultants or advisers, as it may consider necessary to assist it in the discharge of its functions.

(2) Any fees due to a consultant or adviser engaged under this section shall form part of the expenses of the Authority.

Notes: Taken from section 22 DTA 2008 Act.

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Head 24 Provision of services

(1) For the purpose of enabling the Authority to perform its functions, a local authority may provide services (including services of staff) to the Authority on such terms and conditions (including payment for such services) as may be agreed and the Authority may avail of such services.

(2) The Authority may provide services (including services of staff) to a local authority or any other body or person on such terms and conditions (including payment for such services) as may be agreed and the local authority or any other body or person may avail of such services.

(3) A public authority may provide to the Authority any services (including services of staff) required by the Authority for the performance of any of its functions under this Act on such terms and conditions (including payment for such services) as may be agreed and the Authority may avail of such services.

(4) The Mayor may direct a local authority of the Dublin Region to perform, on the Authority’s behalf, an examination, investigation and/or survey, or any other such task as may be necessary for the performance of the Authority’s functions in relation to the preparation, making, review, revision or replacement of a regional plan.

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Notes: Subheads (1), (2) and (3)are based on section 32 of the Roads Act, 1993 save that this Head does not specifically envisage the provision of services by the Minister to the Authority. See also Article (17)(2)(d) and (e) of 1993 Regional Authorities (Establishment) Order. Subhead (4) provides that the Mayor, on behalf of the Authority, may instruct a Dublin local authority to undertake such technical tasks as may be necessary for the preparation of a strategic plan. See s.21 (Powers of examination, investigation and survey) of the Water Services Act 2007 for the basis of the wording. See also subhead (1) of Head 47 regarding joint working with the Mid-East Regional Authority.

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Head 25 Annual report

The Authority shall, not later than the 30th day of June in each year, prepare and adopt an annual report containing such information and particulars (including financial statements) as the Mayor may determine in relation to the performance of the functions of the authority during the preceding year.

The Mayor shall, as soon as may be, furnish a copy of the annual report to each member of the Authority, to the Minister and to each of the Dublin local authorities and to such other persons or bodies as the Mayor may determine.

Copies of each annual report shall be made conveniently available for inspection by members of the public or for purchase by any person at such price as may be determined by the Mayor and shall be placed on the Authority’s website.

Notes: These provisions based on Article 30 of 1993 Regional Authorities (Establishment) Order (No. 394 of 1993), subject to the following changes: No provision for the Minister to determine what is to be included in the annual report. This is not something which should ordinarily concern the Minister. Function of Mayor to determine contents and to present copies. • Requirement to put annual report on the web replaces requirement to give public notice of production of report.

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Head 26 Finance and accounts

(1) The financial year of the Authority shall be the period of twelve months ending on 31 December in any year.

(2) (a) The Authority shall, in respect of each financial year, adopt an estimate of its total expenditure and receipts, in such form and accompanied by such information as the Minister may direct.

(b) An estimate under paragraph (a) shall be adopted

(i)

in respect of the financial year ending on the 31st day of December, 2010, as soon as possible after the establishment of the Authority,

(ii)

in respect of every other financial year, not later than the 30th day of November in the preceding year.

(3) The Mayor shall, as soon as may be after the adoption of an estimate under sub-article (2), send a copy of such estimate to the Minister and to each of the Dublin local authorities.

(4) The expenses of the Authority incurred in accordance with the adopted estimate, excluding any amounts recoupable to the Authority shall be refunded to the Authority 61

by the Dublin local authorities in proportion to the populations of their respective functional areas.

(5) (a) The Authority shall keep proper accounts and records of its receipts and expenditure and shall prepare, as soon as may be after the end of the financial year, a statement of the accounts of the Authority for that year based on accounting policies and in such form as the Minister shall direct.

(b) The statement of accounts of the Authority for a financial year shall be considered by the Authority at a meeting to be held before the expiration of thirteen weeks from the close of the financial year and a copy thereof shall be provided to the Minister and to each of the Dublin local authorities.

(c) The chief executive shall, within such time after the close of every financial year as will enable the provisions of paragraph (a) to be compiled with, complete and sign the statement of accounts for such financial year.

(6) The statement of accounts of the Authority shall be audited by a local government auditor appointed in accordance with section 116(4)(b) of the Principal Act. The auditor shall give an opinion on such statement of accounts and may also issue a separate report thereon in accordance with section 120 of the Principal Act.

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(b) When the chief executive has received a copy of the statement of accounts for a financial year so audited by the auditor and a copy of the auditor's report thereon, a copy of the report shall be submitted to the Authority at its next meeting, and further copies shall be furnished to every member of the Authority and to each of the Dublin local authorities.

Notes: Subheads (1) to (4) are based on Article 31 of 1993 Regional Authorities (Establishment) Order (No. 394 of 1993). Subheads (5) and (6) are based on Article 32 of 1993 Order as amended by Article 6 of the 2006 Regional Authorities (Establishment)(Amendment) Order SI 691 of 2006. Head 42 (Joint Committees) also refers to the Authority’s annual estimate process.

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Head 27 Expenses

(1) The Authority shall subject to and in accordance with directions given by the Minister, pay to the Mayor or a member of the Authority an annual expenses allowance in respect of expenses reasonably incurred in connection with the performance of his or her functions and duties, save as is otherwise provided for in subsection (2), in respect of each year, or portion of a year, for which such person is a member.

(2) The Authority may, subject to and in accordance with directions given by the Minister, pay a travelling or subsistence expenses allowance—

(a) to the Mayor or a member of the Authority for travelling or subsistence expenses reasonably incurred in respect of a matter authorised by the Authority other than attendance at a meeting of the Authority or of a committee of the Authority,

(b) to the Mayor or a member of a committee of the Authority for travelling or subsistence expenses reasonably incurred in respect of their attendance at a meeting of such committee.

(3) The Authority shall not pay any allowance or make any payment in respect of travelling or subsistence expenses in respect of the Mayor or a member of the Authority or a

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member of a committee of the Authority except in accordance with this Act and any directions given thereunder.

Notes: This Head is based on Article 34 of 1993 Regional Authorities (Establishment)(Order).

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Head 28 Gifts

(1) The Authority may accept gifts of money, land or other property upon such trusts, terms or conditions, if any, as may be specified by the donor.

(2) The Authority shall not accept a gift if the trusts, terms or conditions attached to it would be inconsistent with or prejudice the operational independence and effective performance of the functions of the Authority.

(3) The Mayor shall include details of any gift that exceeds, in his or her opinion, such amount as may be directed by the Minister, with the consent of the Minister for Finance, in the annual report for the year in which the gift is accepted.

(4) In subsection (3) “details” includes— (a) the name of the donor of the gift, (b) a description of the gift, and (c) particulars of any trusts, terms or conditions attached to the gift. Notes: This is a standard provision – this is based on from Section 33 of DTA Act 2008. See also paragraph 10 of Third Schedule of Roads Act, 1993.

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Head 29 Immunity of the Authority

(1) No action or other proceedings shall lie or be maintainable against— (a) the Authority, (b) a committee of the Authority, (c) a person performing functions delegated to it by the Authority, (d) a local authority or other public body performing functions on behalf of the Authority, or (e) a person providing services to the Authority, for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure of the Authority to perform or to comply with any of the functions conferred on it.

(2)

No action or other proceedings shall lie or be maintainable (except in the case of wilful neglect or default) against any member of the staff of the Authority arising from a failure to perform or to comply with any of the functions conferred on the Authority by this Act.

Notes: (1) Subsection (1) is atandard provision, modified as necessary. Based on Section 43 of the Dublin Transport Authority Act, 2008. (2) Subsection (2) is based on section 20(8) of the Dublin Transport Authority Act 2008.

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Head 30 Mayor’s salary

(1) (1) The Authority shall pay to the Mayor a salary at such a level as the Minister, with the consent of the Minister for Finance, directs.

(2) A determination or direction under subsection (1) above may provide for the levels of salary to change from time to time by reference to a specified schedule or formula.

Notes: (1) This Head provides for a salary to be paid to the Mayor. The salary is to be determined by the Minister with the consent of the Minister for Finance. (2) Provides for differential levels of salary, or other such scheme or formula.

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Head 31 Pensions

(1) The members of the Authority shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of— (a) persons who have ceased to be the Mayor, and (b) such members of the staff of the Authority as it may think fit.

(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of persons.

(3) Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.

(4) A scheme submitted to the Minister under this section shall, if approved of by the Minister, with the consent of the Minister for Finance, be carried out by the Authority in accordance with its terms.

(5) A scheme made under this section shall make provision for appeals.

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(6) No superannuation benefits shall be granted by the Authority nor shall any other arrangements be entered into by the Authority for the provision of such benefit to a person who has ceased to be the Mayor or to a member of the staff of the Authority, otherwise than in accordance with a scheme under this section, or otherwise as may be approved of by the Minister, with the consent of the Minister for Finance.

(7) The terms and conditions governing superannuation benefits granted under schemes made under this section to persons transferred under Head 22 shall not be less favourable than those to which they were entitled immediately before the dissolution day.

(8) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person transferred under Head 22, the benefit shall be calculated by the Authority in accordance with such scheme as applied to the person immediately before the dissolution day and, for that purpose, his or her pensionable service with the Authorityshall be aggregated with his or her previous pensionable service and any benefit payable shall take account of both periods of service.

(9) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. 70

Notes: This Head provides for pensions for former Mayors and staff of the Authority. This is a standard provision and is based on section21 of the Act 2008. Subsection (7) refers to Head 22 (Transfer of staff of public authorities).

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Head 32 Prohibition on unauthorised disclosure

(1) Save as otherwise provided by law, a person shall not, without the consent of the Authority, disclose confidential information obtained by him or her while performing duties as a member of the Authority, or as a member of the staff of, or when otherwise engaged by, the Authority, unless he or she is duly authorised by the Authority to do so.

(2) In this section “confidential information” includes information that is expressed by the Authority to be confidential either as regards particular information or as regards information of a particular class or description.

(3) (a) A person who contravenes subsection (1) commits an offence.

(b) An offence under this section shall be considered to be an offence for the purposes of section 181(4) of the Principal Act and the provisions of that section shall apply accordingly.

(4) Nothing in subsection (1) shall prevent the disclosure of information in a report made to the Authority or by or on behalf of the Authorityto the Minister.

(5) The Third Schedule to the Freedom of Information Act 1997 is amended by inserting at the end of Part 1: 72

(a) in column (2), “Local Government (Dublin Mayor and Regional Authority) Act 2010”, and (b) in column (3), “Section 32”.

Notes: A standard provision. Taken from s.38 of the Dublin Transport Authority Act 2008 and s.38 of the Roads Act 1993. The opening clause of subsection (1) “save as otherwise provided by law” ensures that the provision does not prevent the operation of the ‘whistleblower’ provisions in Head 77 (Immunity etc. of complainants). It should be noted that Head 67 (Application of Ethical Framework) applies Part 15 of the Local Government Act 2001 to the Authority. Subsection (3)(b) ties in an offence under this section with the offences provisions of Section 181 (4) of the Local Government Act, 2001

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Head 33 Prohibition on certain communications

(1) A person who communicates with the Mayor, a member of the Authority or with a member of staff of the Authority, or with any other person engaged by the Authority, for the purpose of influencing improperly his or her consideration of any matter which falls to be considered by the Authority commits an offence.

(2) If a person to whom a communication is made becomes of opinion that a communication is in contravention of subsection (1), it is his or her duty not to entertain the communication further and he or she shall inform forthwith the Mayor in writing of the substance of such communication and the Mayor shall acknowledge in writing the receipt of such information.

(3) An offence under this section shall be considered to be an offence for the purposes of section 181(4) of the Principal Act and the provisions of that section shall apply accordingly.

Notes: Taken from s.39 of the Dublin Transport Authority Act 2008. See also s.39 of the Roads Act 1993. Subsection (2): In the DTA Act, s. 39(2), it is the Chairperson who is informed in writing. The chairperson of the DRA is the Mayor; it follows that the Mayor should be the person informed in relation to the DRA.

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Head 34 Attendance of public and media at meetings

(1) In this section— “media” includes accredited representatives of local and national press, local and national radio and local and national television; “members of the public” means any person who is not attending the meeting at the request of the Authority.

(2) Subject to subsections (3) and (5), members of the public and representatives of the media are entitled to be present at a meeting of the Authority.

(3) Where the Authority is of the opinion that the absence of members of the public and representatives of the media from the whole or any part of a particular meeting is desirable because—

(a) of the special nature of the meeting, or of an item of business to be, or about to be, considered at the meeting, or

(b) for other special reasons,

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the Authority may by resolution decide to meet in committee for the whole or a part of the meeting concerned, where the Authority considers that such action is not contrary to the overall public interest.

(4) (a) It is necessary for the passing of a resolution under subsection (3) that at least one-half of the total number of members of the Authority concerned vote in favour of the resolution.

(b) A resolution under subsection (3) shall indicate in a general way the reasons for the resolution and those reasons shall be recorded in the minutes of the meeting.

(5) The Authority may, by standing orders, regulate the right of members of the public and representatives of the media to be present at meetings and, in particular and without prejudice to the generality of the foregoing, may—

(a) taking account of available space, limit the number of persons to be admitted,

(b) make rules governing the conduct of persons present at meetings,

(c) provide for the removal of members of the public who interrupt the proceedings or who otherwise misconduct themselves, or

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(d) make rules in relation to the taking of photographs or the use of any means for recording or relaying the proceedings as they take place or at a later stage.

(6) Nothing in subsection (5), other than paragraph (a), shall be read so as to enable the Authority to limit the attendance of representatives of the media, and paragraph (a) shall not be read as enabling the Authority to prohibit the attendance of such representatives.

(7) Nothing in this Head shall require the Authority to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.

Notes: (1) This Head is taken from s.45 of the Local Government 2001 Act, except subhead (7), which is taken from Article 18(3) of the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1993.

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PART 3

FUNCTIONS OF THE AUTHORITY

Notes: This Part deals with the specific strategic functions of the Authority as set out below. It also deals with the establishment of a Dublin Regional Development Board to replace the 4 city and county development boards in the region together with a provision in relation to the Mayor’s transport functions. Chapter 1 - General Functions and Objectives of the Authority. Chapter 1 sets out the general objectives and functions of the Mayor and Authority including the Mayor’s functions within the Authority. It will also define how the Mayor and Authority are to work within national policy and how the local authorities are to work within regional policy. Chapter 2 - Regional Planning Chapter 3 - Regional Waste Management Chapter 4 - Regional Water Services Chapter 5 - Regional Housing Chapter 6 - Regional Bodies [i.e Transport functions, Regional Development Board] Chapter 7 - Ministerial Guidelines and Directives

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CHAPTER 1

General Functions and Objectives of the Authority

Head 35 General Objectives of the Authority

(1) In exercising its functions the Authority shall seek to achieve the following objectives: -

(a) the development of the Dublin Region in a manner which contributes to environmental sustainability, economic progress, social cohesion and the cultural vitality of the region,

(b) the provision of efficient local government services through co-ordinating and maximising co-operation between the Dublin local authorities in the delivery of their services,

(c) the promotion of a coherent approach from relevant public and private sector interests, including business, educational, cultural and voluntary interests, in the delivery of services and in the sustainable environmental, economic, social and cultural development of the Region,

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(d) the promotion of the Dublin Region within Ireland and internationally as an attractive location in which to live, work and invest,

(e) the co-ordination of the development of the Dublin Region with that of the Mid-East Region.

Notes: This Head and the following Head set out general objectives and functions of the Authority, with specific functions to follow in further Heads.

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Head 36 Principal functions of the Authority

(1) Subject to the following provisions the principal functions of the Authority are to -

(a) establish, and oversee the implementation of, the strategic planning and infrastructural framework for the Dublin Region in accordance with the provisions of this Part;

(b) review the environmental, physical, economic, social, and cultural status of the region, identify the overall needs and requirements of the region and identify measures to address any needs and requirements;

(c) promote co-operation, joint action, joint arrangements or agreements between the Authority, the Dublin local authorities, other local and regional authorities, the National Transport Authority, other public authorities, business, educational, voluntary and cultural interests in the Dublin Region to advance its objectives under Head 35;

(d) promote enterprise and innovation in the Dublin Region in co-operation with development agencies, business, educational and other relevant interests in accordance with the provisions of Head 59;

(e) keep under review the provision of public services in, or relating to, or affecting, the region and the need for, adequacy of, and possibilities of, improving co-ordination of the provision of such services or any one or more of such services; 81

(f) carry out, arrange to have carried out, promote, assist, facilitate or participate in the carrying out of research, studies, surveys or the collection of information, data, statistics or other such material, in relation to any of its functions;

(g) request a local authority or other public authority to provide information in connection with any function of such local authority or public authority and to arrange, for that purpose, for the attendance at a meeting of the Authority, or of a committee of the Authority, of a representative of such local authority or public authority.

(2) The Authority may do all such things as arise out of or are consequential on or are necessary or expedient for the effective performance of their functions or are ancillary thereto.

(3)In the performance of its functions as set out above the Authority shall consult with public authorities and with other regional authorities in so far as is it considers necessary.

(4) The Minister may prescribe any body to be a development agency for the purposes of this Part. Notes: (1)This subhead provides a list of the general functions assigned to the Authority – see section 19 Roads Act, 1993, section 11 DTA Act, 2008 and Articles 14, 16 and 17 of the Regional Authority Establishment Order of 1993 (S.I. 394 of 1993). Paragraph (a) references the general objectives regarding infrastructure to be achieved in further specific heads. 82

Paragraph (b) is a necessary ancillary general power to allow the Authority to review the issues which it is mandated to consider – loosely based on Article 14(2)(c) of the 1993 Order. Paragraph (c) allows the Authority to promote joint action and co-ordination etc – loosely based on Article 14(2)(d) of the1993 Order. Paragraph (d) is new and allows the Authority to promote enterprise and innovation in the Dublin Region, however the reference to Head 59 (Regional Development Board) requires that the Mayor and Authority work through the Dublin Regional Development Board in this regard. Paragraph (e) relates to the review of the provision of public services generally within the region. This repeats Article (2)(e) 1993 Order. Paragraph (f) is a standard provision in relation to the carrying out of research – see Article 17(c) of the 1993 Order or section 19(1)(h) of Roads Act, 1993. Paragraph (g) repeats Article 17(2)(h) of the 1993 Order requiring a local or public authority to co-operate with the Authority. (2) Standard provision – see section 19(3) Roads Act, 1993, Section 11(2) DTA Act, 2008, Article 17(1) 1993 Order. (3) This provision is based on Article 17(2)(a) of 1993 Order, but leaves out the phrase “and make such statements jointly with any such regional authority”. This is covered in the general obligation to work with the Mid-East region.

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Head 37 Mayoral strategy

(1) Within 6 months of his or her election the Mayor shall prepare a strategy statement, in consultation with such public authorities or other persons as the Mayor considers appropriate, and having regard to any guidelines or directions given by the Minister.

(2) (a) A strategy statement shall comprise the key objectives, outputs and related strategies (including use of resources by the Authority, or other bodies) of the Mayor for his or her term of office. (b)A strategy statement shall include an indication of the policies which the Mayor intends to promote in pursuance of the general objectives and principal functions of the Authority under this Act.

(c) A strategy statement shall have regard to the obligations of the Authority under Head 60.

(3) A draft strategy statement shall be submitted to the members of the Authority for their consideration not later than 4 months after the election of the Mayor, and not later than 7 days before a meeting of the Authority.

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(4) The draft strategy statement shall be considered at the next following meeting of the Authority following the submission of the draft strategy statement to the members in accordance with subsection (3).

(5) (a)The Mayor shall consider any comments or observations made in relation to the draft strategy statement at the meeting of the Authority before finalising the strategy statement.

(b) The Mayor shall finalise the strategy statement within 4 weeks of a meeting of the Authority in accordance with subsection (4).

(6) A person shall not question the validity of a strategy statement prepared by the Mayor under this Head by reason only that the procedures set out in this subsections (1), (3), (4) or (5) were not completed within the time required under the relevant subsection.

(7) The Mayor shall publish the strategy statement on the Authority’s website and in such other form as the Mayor may decide.

Notes: This provision for a Mayoral Strategy is based on section 5 of the Public Service Management Act, Article 14(2)(g) of the Regional Authority Establishment Order of 1993 (S.I. 394 of 1993) and section 134 of the Local Government Act. It should be noted that it is not proposed that the Authority adopt the Mayoral Strategy. This is to be an overarching policy document set out by the Mayor based on his or her electoral mandate, but taking into account the views of the members of the Authority.

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(1) Subhead (1) provides for a strategy statement to be prepared within 6 months of the Mayor coming into office and following consultation with bodies or persons as decided by the Mayor. The provision is not prescriptive as to how this consultation should occur. 6 months is the period specified in section 134(1) of the Local Government Act 2001 in relation to the corporate plan. It is also the period within which Strategy Statements must be prepared in accordance with the Public Services Management Act 1997, though this time frame is set out in Government direction rather than by the legislation itself. (2) Subhead (2) sets out what must be contained in the Strategy. Paragraph (a) is based on section 5(1)(a) of the Public Service Management Act 1997. Paragraph (b) is based on Article 14(2)(g) of 1993 Order and section 134(6)(b) of 2001 Local Government Act. The subhead refers specifically to the general objectives and principal functions conferred on the Authority. Paragraph (c) requires the Mayor to ensure that regard is had to the obligation of the Authority to work within specific national policies (as set out in Head 60). (3),(4),(5) These subheads specify the procedure whereby the Mayor brings the draft strategy to the members of the Authority for their consideration and sets down a time frame for doing so. Local government law often sets such time frames, see for example section 140 of the Local Government Act 2001 and section 12 of the Planning and Development Act 2000. (6) This is based on section 12(16) of the Planning and Development Act 2000. (7) Subhead (7) obliges the Mayor to publish the Strategy on the website.

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Head 38 Powers of Mayor to issue directions and advice

(1) The Dublin local authorities shall ensure that they exercise their functions in a manner consistent with a regional plan.

(2) Where the Mayor considers that it is necessary for the purposes of implementing the objectives of a regional plan, or where he or she considers that a local authority is exercising its functions in a manner inconsistent with such regional plan, he or she may give a direction to a local authority in Dublin requiring it to exercise its functions in a manner which is consistent with such regional plan and the local authority shall comply with such direction.

(3) A direction issued by the Mayor shall not require a local authority to do anything which would result in the local authority incurring a significant cost where it was lawfully exercising a power on the basis of any regional plan which was in place prior to the making, variation, or replacement of any regional plan by the Authority in accordance with this Act.

(4) Before giving a direction under this section, the Mayor shall consult with and consider the views of the local authority concerned.

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(5) The Mayor may issue advice or guidelines to the Dublin local authorities in relation to any function or objective of the Authority under this Act and the local authorities concerned shall have regard to such advice or guidelines.

(6) Any direction given under this Act shall be in writing.

(7) Any power conferred by this Act to give a direction shall include power to vary or revoke the direction.

(8) Without prejudice to any other provision of this Act, a direction under this Act may provide for such incidental, consequential, supplementary or transitional provisions (including provisions for the purpose of securing the continuity of any provision of this Act with any provision of any other Act or instrument) as may appear to the Mayor to be appropriate for the purposes of this Act or any direction made under it.

(9) In the event of conflict between a direction issued by the Mayor under this Head and a direction or directive issued by the Minister, the direction or directive issued by the Minister shall take precedence and the Dublin local authorities shall act accordingly.

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Notes: The powers of the Mayor to issue directions to the Dublin local authorities to ensure consistency with the Authority’s plans and strategies is based on the provisions of section 75 of the Dublin Transport Authority Act 2008. (See also similar provision in section 356 et al of Greater London Authority Act 1999). (1) Subhead (1) is a general requirement that local authorities exercise their functions in a manner consistent with the Authority’s plans and strategies – see section 75(1) DTA Act 2008. (2) Subhead (2) gives the Mayor power to issue a direction to a local authority where he or she considers that it is necessary for implementing a plan or strategy of the Authority (GLA Act 1999 s 356(1)) or where an authority is acting inconsistently with plan or strategy (DTA Act 2008 section 75(2)). (3) Subhead (3) prevents the issuing of a direction which could involve the imposition of a significant cost on a local authority where the authority was operating in a manner consistent with a plan which was in force before any new plan or strategy was agreed by the Authority. (4) Subhead (4) requires the Mayor to consult with a local authority before issuing a direction (section 75(3) DTA Act 2008). (5) Subhead (5) is a more general provision to allow the Mayor to issue advice and guideline to which local authorities must have regard. As this is advisory only there is no statutory requirement for prior consultation. This is a complementary power to the general objectives and functions of the Authority. (6) and (7) Incidental provisions in relation to directions. (8) This is intended to ensure that directions have an appropriate level of latitude. Taken from s.18(3) of the Water Services Act 2007, which refers to regulations or orders, rather than to directions. (9) New text, intended to clarify primacy of Ministerial directions over those issued by the Mayor in the event of tension.

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Head 39 Mayor’s power to make arrangements for the preparation of a regional plan

(1) It shall be a function of the Mayor to make such arrangements as may be necessary or desirable in the opinion of the Mayor for the drafting, reviewing, revision and general preparation of a of a regional plan, including undertaking consultations, the establishment of committees, and liaising with local authorities within, and beyond, the Dublin Region.

(2) It shall be an obligation of the Dublin local authorities to cooperate with arrangements made by the Mayor under subhead (1).

Notes: This head provides that the Mayor is responsible and has control over the process involved in preparing, including overseeing consultation. It also obliges the Dublin local authorities to co-operate with the Mayor in carrying out this function.

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Head 40 Mayor reporting to Dublin local authorities

(1) The Mayor shall, at least once in each calendar year, attend a meeting of each of the Dublin local authorities, and each Dublin local authority shall facilitate the Mayor in attending such a meeting

(2) Where the Mayor attends a meeting in accordance with this section, he or she shall address the meeting of the local authority regarding the issues facing the Dublin Region, the work of the Authority and the priorities of the Mayor.

(3) The Mayor shall answer questions put to him at any such meeting by any member of the local authority concerned in relation to functions and powers of the Mayor and the Authority and the exercise of those functions and powers and any other issues raised in the address of the Mayor.

(4) The date and arrangements for an address under subsection (1) shall be agreed between the local authority concerned and the Mayor.

(5) In the case of any disagreement in relation to such arrangements the Mayor shall give notice of not less than 3 weeks of a date of a meeting of the local authority concerned that he or she intends to address the local authority and the Mayor shall be facilitated accordingly. 91

(6) The Mayor, having consulted with the Dublin local authorities, may set down the form and procedure to be followed at any meeting held under this section.

Notes: The purpose of this subhead is to create a statutory linkage between the Mayor and each of the Councils of the 4 Dublin local authorities, and a venue in which the Mayor and each Council can meet, discuss the Mayor’s agenda and plans, and formally ask the Mayor questions in relation to same.

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Head 41 Dublin local authority budgets and contracts etc.

(1) The Mayor, having consulted with the Dublin local authorities, may provide the Dublin local authorities with written advice in relation to the efficient use of resources in delivery of local services and the setting of local rates or other charges and the Dublin local authorities shall have regard to that advice.

(2) (a) The manager of a Dublin local authority shall consult the Mayor in relation to the preparation of a draft local authority budget at the same time as he or she consults with the corporate policy group in accordance with section 133(4)(a) of the Principal Act.

(b) The Mayor may provide written comments to a Dublin local authority in relation to its budget and the manager, in preparing the budget, and the members in adopting the budget shall have regard to any comments made by the Mayor.

(c) Where a Dublin local authority decides not to address or only partially address any issue arising from comments made by the Mayor under paragraph (b) it shall inform the Mayor of its reasons for that course of action and shall append a statement to the budget setting out those reasons.

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(3)(a) At least one month prior to initiating a procurement process which a Dublin local authority-

(i)

estimates will have a value, exclusive of value added tax, equal to or greater than €50 million, and

(ii)

which will be directly relevant to the principal functions of the Authority,

the authority shall consult with the Mayor and shall have regard to any views which the Mayor may have in relation to the contract.

(b)

The Mayor shall not disclose information provided by a Dublin local authority

under paragraph (a) which the Dublin local authority has designated as confidential.

Notes: This Head provides a number of ways in which the Mayor can influence the use of resources by the Dublin local authorities. Subhead (1) allows the Mayor to provide advice to the Dublin local authorities in relation to the efficient use of resources in the provision of public services and also in relation to the setting of rates and other charges within the Dublin Region. Subhead (2) requires the Dublin local authorities to consult with the Mayor when preparing their Budgets and to have regard to any comments the Mayor might make. Where a local authority does not take on board comments made by the Mayor it will be required to inform the Mayor of their reasons and to append a statement to that effect to their budget statement. The language used in paragraph (c) is based on language contained in section 25(3A) of the Planning and Development Act, 2000 as inserted by section 91 of the Dublin Transport Authority Act 2008. 94

Subhead (3) requires that the Dublin local authorities must consult with, and have regard to, any views of the Mayor before issuing a tender which has a value greater than €50m. The reference in subsection (1)(a) to a value exclusive of VAT is in line with EU requirements -see Article 7 of EU Directive 2004/18/EC The coordination of procedures for the award of public works contracts, public supply contracts and public service contracts. See also EU Directive 2004/17/EC.

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Head 42 Joint committees

(1) The Mayor may direct a Dublin local authority to establish a joint committee under subsection (2) of section 52 of the Principal Act with one or more other Dublin local authorities as may be specified in the direction.

(2) Notwithstanding subsection (10) of section 52 of the Principal Act, the Mayor may appoint such members of the Authority as members of the joint committee as he or she determines.

(3) Where appropriate, subject to such (if any) terms, conditions or restrictions as may be specified in the direction, the Mayor may delegate or assign to the joint committee such of the functions of

(i) the Authority, or (ii) the Dublin local authority or authorities which are relevant to the functions of the Authority

as may be specified in a direction under subsection (1).

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(4) A joint committee established in accordance with subhead (1) shall not have the functions of the Authority to adopt an estimate, or of a local authority to adopt the local authority budget or to determine an annual rate on valuation.

(5) The Mayor, or a person appointed by the Mayor, shall be the chairperson of a joint committee established under subhead (1).

(6) The consent of the Minister shall be required where the provisions of subsection (5) of section 52 of the Principal Act would otherwise have applied to a joint committee established by 2 or more local authorities under that section.

(7) A joint committee established in accordance with subhead (1) may be dissolved by resolution of any one of the local authorities by which it was established with the consent of the Mayor, but the dissolution is without prejudice to anything previously done by the committee. Notes: This Head gives power to the Mayor to establish joint committees of the Dublin local authorities using the provisions of s.52 (Joint committees of local authorities) of the Local Government Act 2001. (1) Subsection (1) is based on s.52(7)(a) of the 2001 Act, except that reference to ‘Minister’ changed to ‘Mayor’. 97

(2) Subsection (2) is a new provision allowing the Mayor to appoint members of the Authority to a joint committee established by the Mayor. S.52(10) of the Principal provides for membership of joint committees, and states that “the members of a joint committee shall be appointed by the local authorities by which it was established…” (3) Subsection (3) allows the Mayor to delegate to a joint committee functions of his or her office or functions of the Dublin local authorities. This is based on s.52(7)(b) of the Principal Act, with the addition of “the Mayor”, “the Authority” and “which are relevant to the functions of the Authority.” (4) Subsection (4) prohibits the Mayor from delegating the Authority’s, or a local authority’s budget making powers to a joint committee and is based on s.52(6)(b) of the Principal Act. . (5) Subsection (5) provides that the Mayor or a person appointed by the Mayor shall be the chair of a joint committee established by the Mayor. (6) Subsection (6) provides that the Mayor cannot establish a joint committee without the consent of the Minister which, were it to be established by the local authorities themselves, would require the consent of the Minister under subsection (5) of section 52. These committees are ones which would become corporate bodies in their own right. (7) Subsection (7) provides for the dissolution of a committee with the consent of the Mayor and is based on s.52(8) of the Principal Act

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Head 43 Joint discharge and transfer of functions

(1) Whenever it appears to the Mayor that an agreement under section 85 or an arrangement under section 86 of the Principal Act should be made between Dublin local authorities for the purpose of any of their functions which are relevant to the functions of the Authority, he or she may direct them to enter into an agreement or arrangement.

(2) A direction under subsection (1) shall only be made by the Mayor after giving each local authority concerned an opportunity to make representations to him or her in writing and after considering any representations so made.

(3) The Mayor may direct that any agreement or arrangement entered into under this section contains such terms and conditions, including the transfer of appropriate resources, as he or she may specify and the authorities concerned shall comply with any direction given by the Mayor.

(4) An agreement or arrangement entered into under this section shall not be revoked except with the consent of the Mayor.

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Notes: This Head allows for the Mayor to direct the Dublin local authorities to make an agreement that one of the authorities is to carry out a function on behalf of another local authority under section 85 of the 2001 Local Government Act or to jointly discharge their functions under section 86 of that Act. The provision is based on s.87 of the Local Government Act 2001 which gives a similar power to the Minister.

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Head 44 Power to establish a community fund

(1) In this section “community initiative” means any project pr programme which in the opinion of the Mayor will benefit the local community in the Dublin Region and includes the provision or improvement of amenity, recreational, cultural or heritage facilities, the protection or enhancement of the environment and programmes to promote social inclusion and community development.

(2) The Mayor may establish a fund for the purposes of supporting community initiatives and may accept contributions to such fund by any voluntary, business or community group, local authority or public authority or other person.

(3) (a) The accounts of the community fund established by the Mayor shall be accounted for separately and be part of the records and the accounts of the Authority.

(b) The accounts of the community fund shall contain separate records for contributions in respect of particular community initiatives as the Mayor considers appropriate.

(4) The Mayor may enter into an agreement with any person making contributions to the community fund as regards the application of money toward a particular community initiative.

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(5)

The Authority may undertake itself or assist any other person in such fund-raising activities as it considers appropriate for the purposes of a community initiative.

(6) The functions conferred on the Authority by this section shall—

(a) be subject to the exclusion of such matters, and (b) be exercisable subject to such terms and conditions, as the Minister may, with the consent of the Minister for Finance, prescribe by regulations.

Notes: This section allows the Mayor to establish a community fund which would be supported by voluntary contributions by business, public bodies or other groups. The provisions of this Head are based on those set out in section 109 of the Local Government Act, 2001.

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Head 45 Review of the Authority’s role and operations

(1) Not later than 2 years after the establishment day, the Minister and Mayor (who shall first submit a report to the Minster) shall meet to review the objectives and functions of the Authority and consider —

(a) the general objectives and principal functions of the Authority,

(b) whether the powers and functions of the Authority are sufficient to achieve the Authority’s general objectives and to fulfill the Authority’s principal functions,

(c) the changing needs of the Dublin Region,

(d) such other matters as the Minister and Mayor may agree, and

(e) whether changes are required in relation to the objectives and functions of the Authorityor in relation to any other aspect of the governance of the Dublin Region.

(2) Within three months of the meeting held under subsection (1), the Minister shall publish a report, setting out his or her view of the matters set out in subsection (1), including any proposals for legislative and non-legislative change.

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Notes: This provision allows for a review of the operation of the Mayor and Regional Authority, and functions and objectives assigned to it. It provides for the Mayor to meet the Minister not later 2 years of operation of the Authority and obliges the Minister to publish a report setting out if any changes should be introduced, by way of legislation or otherwise. A somewhat similar provision, whereby a public body makes recommendations in relation to its functions is set out in section 30(3) of the Public Transport Regulation Bill 2009.

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CHAPTER 2

Regional Planning Guidelines

Head 46 Regional planning guidelines for the Greater Dublin Area

(1) Regional Planning Guidelines for the Greater Dublin Area shall be made in accordance with the provisions of Part II, Chapter III of the Act of 2000 (as amended), subject to the provisions of this Chapter.

(2) It shall be a function of the Mayor, in consultation with the Mid-East Regional Authority, to prepare draft regional planning guidelines for the Greater Dublin Area, and for this purpose the Mayor, acting on behalf of the Authority, shall be responsible for a decision to-

(a) make regional planning guidelines under section 21 of the Act of 2000; or

(b) review existing regional planning guidelines under section 26 of the Act of 2000.

(3) As soon as may be, following a direction by the Minister under section 21(3)(a) of the Act of 2000, or a decision by the Mayor under subhead (2) of this section, the Mayor shall:

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(a) consult with the Cathaoirleach of the Mid-East Regional Authority in relation to the making of arrangements to make the guidelines, and,

(b) insofar as possible, and in accordance with the provisions of the Act of 2000 and this Chapter, jointly decide with the Cathaoirleach of the Mid-East Regional Authority the arrangements to make the guidelines as a joint function of the Authority and Mid-East Regional Authority.

(4) For the purpose of giving full effect to this section, and subject to the provisions of Head 47 the following matters shall be considered to be a function of the Mayor:

(a) consulting and making arrangements with the planning authorities within the Greater Dublin Area under section 22 of the Act of 2000;

(b) the making of requests under section 22(2)(c) of the Act of 2000 to a planning authority to provide assistance; (c) undertaking consultations under section 24 of the Act of 2000; (d) the establishment, selecting the membership, and defining the roles, of committees established under section 25 of the Act of 2000; and (e)consulting under section 26(2) of the Act of 2000.

(5) The Mayor shall carry out the functions referred to in subsection (4) on behalf of the Authority and the Mid-East Regional Authority. 106

(6) On the establishment day of the Authority the regional planning guidelines prepared in respect of the Greater Dublin Area shall be deemed, in respect of the Dublin Region, to have been made jointly by the Authority and Mid-East Regional Authority.

Notes – Chapter 2 of this Part adapts the system for making Regional Planning Guidelines in line with the objectives of this Bill. The basic powers to make regional planning guidelines are contained in Chapter III of Part II of the Planning and Development Bill, 2000. These provisions have been subject to a number of amendments most significantly by the Dublin Transport Authority Act 2008 which provided in section 88 that regional planning guidelines shall “in the case of the GDA, be made jointly by the regional authorities within the GDA”, i.e. the DRA and Mid-East RA. The DTA Act 2008 also inserted a definition of the Greater Dublin Area into the definition of the Planning and Development Act 2000. It should be noted that further amendments to the Planning and Development Act are being effected by the Planning and Development (Amendment) Bill 2009, currently before the Oireachtas. Subsection (1) provides that regional planning guidelines under the 2000 Planning Act shall be made in accordance with the provisions of this Chapter. Subhead (2) makes it a function of the Mayor, in consulation with the Mid-East Region, to prepare draft planning guidelines and to make a decision to make or review existing guidelines.– note that under the P&D Act 2000, once a set of RPGs are in existence, they are reviewed at least every 6 years, and in so reviewing, the Authority may revoke the existing guidelines or make new regional planning guidelines. See s.26(1) of the 2000 Act. Subhead (3) requires the Mayor to consult with the Cathaoirleach of the Mid-East Region and insofar as is possible jointly decide the arrangements for making or reviewing guidelines. Under s.21(3)(b) of the Act of 2000, “Where it is proposed to make RPGs, the regional authorities concerned shall make whatever arrangements they see fit to prepare the guidelines, including the carrying out of functions of this Chapter as a joint function of the authorities concerned, and this Chapter shall be accrued accordingly.” Subsection (4) sets out the particular functions of the Mayor in making or reviewing regional planning guidelines. These are to be read with Head 47 (Joint working with the Mid-East Regional Authority). 107

Subhead (5) provides that the Mayoral functions referred to in subsection (4) above will be carried out on behalf of both bodies. –

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Head 47 Joint working with the Mid-East Regional Authority

(1) The Mid-East Regional Authority shall co-operate with the Mayor in carrying out functions under this Part.

(2) Following consultation under subsection (2) of section 24 of the Act of 2000 the Mayor, having consulted with the Cathaoirleach of the Mid-East Regional Authority, shall prepare a proposed draft of the regional planning guidelines together with a report on the submissions received under the said subsection.

(3) The proposed draft of the regional planning guidelines together with the report on the submissions received shall be considered by the members of the Authority and the Mid-East Regional Authority and both authorities may make recommendations in relation to the matters to be considered in the draft guidelines.

(4) The Mayor, having considered any recommendations under subsection (3) and having consulted further with the Cathaoirleach of the Mid-East Regional Authority, shall finalise the draft of the regional planning guidelines.

(5) For the purposes of subsection (6) of section 24 of the Act of 2000 the Mayor, having consulted with the Cathaoirleach of the Mid-East Regional Authority, shall prepare a report on the written submissions and observations received, and may propose amendments to the

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draft regional planning guidelines, for consideration by the members of the Authority and the Mid-East Regional Authority.

(6) (a) Where, in accordance with subsection (6) of section 24 of the Act of 2000, the members of the Authority and Mid-East Regional Authority propose to make regional planning guidelines which in the opinion of the Mayor would not be appropriate, the guidelines shall not be made.

(b) Reasons for regional planning guidelines being inappropriate include: (i) inconsistency with the provisions of Head 60, Ministerial guidelines under Head 61, or Ministerial policy directives under Head 62,

(ii)

failure to set out an overall strategy for the proper planning and sustainable development of the Greater Dublin Area,

(iii)

imposition of an unnecessary cost burden on the Dublin local authorities, the public, or

(iv)

inclusion of conflicting objectives which could undermine the securing of overall guideline objectives.

(7) Where the Mayor informs an opinion in accordance with subparagraph (6)(a) the Mayor shall inform the members accordingly, giving the members of the Authority and Mid-East 110

Regional Authority reasons for forming such opinion, and requesting that the proposed guidelines, or that element of the proposed guidelines which would render it inappropriate, be reconsidered by the members of the Authority and Mid-East Regional Authority.

(8) Where agreement is not reached, the Mayor may postpone consideration of the guidelines until the next following joint meeting of the Authority and Mid-East Regional Authority.

(9) Whereat the next following joint meeting of the Authority and Mid-East Regional Authority agreement is still not reached, or, where the members of the Authority and Mid-East Regional Authority jointly fail to make the regional planning guidelines, under section 24(6) of the Act of 2000, the Mayor, having consulted with the Cathaoirleach of the Mid-East Regional Authority, shall make the guidelines on behalf of the Authority and Mid-East Regional Authority, subject to the proviso that so much of the guidelines that have been agreed by the members of the Authority and Mid-East Regional Authority shall be included as part of the guidelines as made by the Mayor, save in respect of any element which the Mayor considers would not be appropriate in accordance with subhead (4).

(10) (a) Where the Mayor makes the regional planning guidelines for the Greater Dublin Authority under subsection (6), the Cathaoirleach of the Mid-East Regional Authority may apply to the Minister to direct that changes be made to the draft regional planning guidelines, only insofar as an issue or issues effects the Mid-East Region can be shown to be inconsistent with the National Spatial Strategy and other relevant planning policies.

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(b) The Minister shall consider any request made under paragraph (a) and he or she may, for stated reasons, direct changes to be made to the guidelines in relation to the Mid-East Region and the Mayor shall make such changes accordingly.

(11) The planning authorities in the Mid-East Region shall accede to any reasonable request by the Mayor for the provision of resources, or the performance of any task which may be necessary for the performance of the Authority and Mid-East Regional Authority’s functions in relation to the preparation, making or review of regional planning guidelines for the Greater Dublin Area.

Notes – Chapter III of Part II of the Planning and Development Act, 2000, as amended by the Dublin Transport Authority Act 2008 requires regional planning guidelines to be made jointly by the Dublin Regional Authority and the Mid East Regional Authority. The introduction of an elected Mayor with a mandate will change the dynamic in the proposing and adoption of regional planning guidelines. This Head therefore sets out a step by step process as to how guidelines are to be adopted. The steps include the Mayor preparing a draft of the guidelines in consultation with the Cathaoirleach of the Mid East Region (subsection (2)). Consideration of the draft by the two Authorities, who can make recommendations to the Mayor (Subsection (3)). Finalisation of the draft by the Mayor in consultation with the Cathaoirleach (Subsection (4)) Following public consultation on the draft under section 24 of the Planning and Development Act, the Mayor then prepares a report on that consultation, again having consulted the Cathaoirleach, and may propose amendments for consideration by the Authorities (Subsection (5)). If the Authorities propose to make guidelines which would, in the opinion of the Mayor be inappropriate he or she can ask the Authorities to reconsider their position (Subsections (6), (7) and (8)).

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If the Authorities fail to make acceptable guidelines the Mayor may make the guidelines, but adopting those elements which have been agreed, provided that such elements are not inappropriate (Subsection (9)). Given the power provided to the Mayor to make guidelines in the case of disagreement, a protection is given to the Mid-East Region. in subhead (10). Subhead (11) requires the planning authorities in the Mid East to provide reasonable support to the Mayor in carrying out his or her tasks in making regional planning guidelines. Subheads (6) mirrors Heads 52(4) (Functions of Mayor and Authority in Making a [waste management] plan) and Head 62(3)(b) (Ministerial directions regarding regional plans), and uses the term “proper planning and sustainable development” to ensure linkage with the Planning and Development Acts.

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Head 48 Role of the Authority in relation to development plans and local area plans

(1) The Authority shall be regarded as a regional authority for the purposes of sections 11(2), 27, of the Act of 2000.

(2) The Authority shall be among those bodies to which a planning authority within the Dublin Region is required to—

(a) send a notice and a copy of a draft development plan under section 12(1)(a) of the Act of 2000 and a development plan made under section 12(12)(c) of the Act of 2000, (b) send a notice and a copy of a proposed varied development plan under section 13(2) (a) of the Act of 2000 and a development plan made under section 13(8)(c) of the Act of 2000, and (c) send notice of a proposal to make, amend or revoke a local area plan under section 20(3)(i) of the Act of 2000. Notes: This Head aims to ensure that the Authority is assigned the functions which would otherwise be assigned to regional authorities under the Planning and Development Act 2000. It should be noted that a number of relevant provisions of the Planning and Development Act 2000 are being substantially amended and added to by the Planning and Development Bill 2009 which is currently before the Oireachtas.

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(1) Section 11(2) of the Planing and Development Act 2000 requires that a Planning Authority informs any relevant regional authority gives notice of its intent to review its development plan. (2) Subsection (2) requires that a planning authority must send notice and copy of a draft development plan to the Authority.

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Head 49 Dublin Region planning authorities to consider the policies or objectives of the Authority

(1) For the purposes of making a development plan, or making a variation of a development plan, the Dublin Region planning authorities shall, in addition to the requirements of section 27 of the Act of 2000, consider the relevant policies or objectives of the Authority.

(2) For the purposes of considering the making, amendment or revocation of a local area plan, the members of the Dublin Region planning authorities shall take account of the relevant policies or objectives of the Authority.

Notes: (1) Subhead (1) provides that in making a development plan, or in varying a development plan, the relevant policies or objectives of the Authority are among the considerations which the members of the planning authority consider. Sections 12(11) and 13(7) of the Act of 2000 state “the members shall be restricted to considering… any relevant policies or objectives for the time being of the Government or any Minister of the Government,” i.e. it is necessary to provide specific provision for a planning authority to consider the Authority’s policies or objectives when making or varying a development plan. This is in addition to the requirements in relation to development plans which, in turn, are being strengthened by the provisions of the Planning and Development Bill 2009. (2) This Subhead provides that in making, amending or revoking a local area plan, the relevant policies or objectives of the Authority are among the considerations which the members of the planning authority consider. Section 20(3)(c)(ii)(III) of the Act of 2000 refers to the making of a local area plan.

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CHAPTER 3

Waste Management Planning

Head 50 Waste management planning vested in the Authority

(1) The power vested in local authorities under Part II of the Act of 1996 to make a waste management plan, or to vary or replace a plan, shall in the case of the local authorities in the Dublin Region be vested in the Authority.

(2)(a) The provisions of Part II of the Act of 1996 shall apply to the making, variation or replacement of a waste management plan by the Authority subject to the provisions of this Chapter.

(b) For the purposes of making, varying or replacing a waste management plan references to “local authority” in Part II of the Act of 1996 shall be deemed to be references to the Authority, save in accordance with this Chapter.

(c) A waste management plan made or replaced by the Authority under this Chapter shall relate to the whole of the Dublin Region. 117

(3) A waste management plan made, varied or replaced by the Authority in accordance with this Chapter shall continue to be regarded as a plan made or reviewed by a local authority in Dublin for the purposes of implementing that plan and, in particular, the requirements of 22(12) of the Act of 1996 in relation to the plan shall apply to the Dublin local authorities.

(4) The Dublin Waste Management Plan 2005 – 2010 shall continue in force until such time as it is replaced by a plan made by the Authority or a new plan is made by the Authority.

Notes: (1) This Subhead vests the of local authorities power to make a waste management plan in the Authority. (2) Subhead (2) adapts Part II of the Waste Management Act 1996 (as amended) so that the references to the making etc of a plan by a local authority are to be read as the making of a plan by the Authority. Paragraph (c) also requires that a plan made by the Authority shall be for the whole region. (De facto that is the case at the moment in that the current Dublin Waste Management plan has been adopted by the 4 Dublin local authorities for the whole region). (3) Subhead (3) provides that the implementation of the plan is to be a matter for the Dublin local authorities. This is in line with the policy position that the Authority is to set out strategic policies to be implemented by the local authorities. (4) Subhead (4) continues the existing Dublin Waste Management plan in force until a new or replacement plan is made.

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Head 51 Functions of Mayor and members of the Authority in making plan

(1) It shall be a function of the Mayor to propose a waste management plan or to propose a variation or replacement of a plan in accordance with section 23 of the Act of 1996 and to that effect references to a “local authority” in sections 22(5), 23(1) of that Act shall be deemed to be references to the Mayor.

(2) In addition to the requirements of section 22 of the Act of 1996, the Mayor in proposing a plan, or a variation or replacement of a plan, shall comply the provisions of Head 62.

(3) (a)The power to make, vary or replace a waste management plan under section 23(3) of the Act of 1996 shall be a function of the members of the Authority in accordance with this Section.

(b) The provisions of subsection (10) of section 22 of the Act of 1996 (as inserted by section 4 of the Waste Management (Amendment) Act 2001, and amended by Section 26 of the Protection of the Environment Act 2003), shall not apply to the making, variation or replacement of a plan by the Authority.

(4)(a) Where, in accordance with section 23(3) of the Act of 1996 the members of the Authority propose to make, vary or replace a waste management plan for the Dublin Region, which in the opinion of the Mayor would not be appropriate, the plan shall not be adopted. 119

(b) Reasons for a plan, variation or replacement plan being inappropriate include:

(i) inconsistency with the provisions of Head 60, Ministerial guidelines under Head 61, or Ministerial policy directives under Head 62, (ii)failure to adhere to the polluter pays principle, (iii) imposition of an unnecessary cost burden on the Dublin local authorities, the public, or (iv) inclusion of conflicting objectives which would undermine the securing of overall plan objectives.

(5) Where the Mayor informs an opinion in accordance with subparagraph (4)(a) the Mayor shall inform the members of the Authority accordingly, giving the members reasons for forming such opinion, and requesting that the proposed plan, or that element of the proposed plan which would render it inappropriate, be reconsidered by the members of the Authority.

(6) Where agreement is not reached, the Mayor may postpone consideration of the plan (or variation thereof) until the next following meeting of the Authority.

(7) Where at the next following meeting of the Authority agreement is still not reached, the Mayor shall make the plan (or variation) on behalf of the Authority, subject to the proviso that so much of the plan that has been agreed by the members of the Authority shall be included as part

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of the plan as made by the Mayor, save in respect of any element which the Mayor considers would not be appropriate in accordance with subhead (4). Notes: Section 23(10)(d) of the Waste Management Act, 1996 (as inserted by Section 26(2)(b) of the Protection of the Environment Act, 2003) provides that the making, variation or replacement of a waste management plan is an executive function of the local authority i.e. is carried out by the manager. This Head puts in place a new procedure for the proposing and making of a plan setting out the particular functions of the Mayor and members of the Authority in this regard. (1) Subhead (1) provides that it is to be a function of the Mayor to propose waste management plans (or variations) for the Dublin Region, and the Waste Management Act is to be read accordingly. (2) Subhead (2) requires that any plan proposed by the Mayor must not only comply with the requirements of the Waste Management Act, but also with any national objectives or targets, set out by the Minister in accordance with Head 60. (3) Subhead (3) vests the power to make or vary a waste management plan in the members of the Authority (noting that the Mayor is also a member and chair of the Authority), but subject to the constraints of the section. Paragraph (b) provides that the Section 22(10)(d) of the WMAct 1996 does not apply in this situation. (4) - (7) Subheads (4) to (7) put in a safeguard to ensure that the Authority adopts an appropriate plan.

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CHAPTER 4

Regional Water Services

Head 52 Water services planning and other functions vested in the Authority

(1) (a) The power vested in water services authorities under section 36 of the Act of 2007 to make a water services strategic plan, or to review, replace or revise a plan, shall in the case of the water services authorities in the Dublin region be vested in the Authority.

(b) The water services authorities of the Dublin Region shall continue to be water service authorities in all other respects.

(2) (a) The provisions of sections 36, 37 and 38 of the Act of 2007 shall apply to the making, review, replacement or revision of a water services strategic plan for the Dublin Region, subject to the provisions of this Chapter.

(b) For the purposes of the making, review, replacement or revision of a water services strategic plan for the Dublin Region, references to “water services authority” in sections 36, 37 and 38 of the Act of 2007 shall be deemed to be references to the Authority, save in accordance with this Chapter. 122

(c) A water services plan made, reviewed, replaced or revised by the Authority under this Chapter shall relate to the whole of the Dublin Region.

(3) A water services plan made, reviewed, replaced or revised by the Authority in accordance with this section shall continue to be regarded as a plan made, reviewed, replaced or revised by a water services authority in Dublin for the purposes of implementing that plan, and, in particular, the requirements of subsection 38(2) of the Act of 2007 in relation to the Dublin Region water services authorities.

Notes: (1) (a) This subhead vests the power of water services authorities to make a water services strategic plan in the Authority. (b) Paragraph (b) clarifies the roles of the Dublin City and County Councils, i.e. the water services authorities of the Region. (2) Subhead (2) adapts sections 36, 37 & 38 of the Water Services Act 2007 so that references to making, reviewing, replacing and revising a plan by a water services authority are to be read as by the Authority. Paragraph (c) requires that a plan be made by the Authority for the Region as a whole. (3) Subhead (3) provides that the implementation of the plan is to be a matter for the water services authorities, as opposed to the Authority, in line with the position that the Authority sets out policy, and local authorities implement. Section 38(2) states that “a water services authority shall take such steps, including carrying out necessary works, as are appropriate and practicable to attain, in relation to its functional area, the objectives and provisions set out in a water services strategic plan in which it is concerned, which has been made by the authority.”

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Head 53 Provision of water Services in the Region

(1) Without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002, the Authority may make arrangements with another person, including entering into an agreement or arrangement with another person in relation to the provision of water services by another person or jointly with it in part or all of the Region.

Notes: (1) This subhead is included to provide that the Authority may enter into arrangements with other bodies at a regional level for the provision of water services for the Region. See s. 31(5) of the 2007 Act.

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Head 54 Distribution of water services facilities

(1) The Dublin Region water services strategic plan will identify the general distribution of planned water and waste water services facilities for the Region.

Notes: (1) This Head sets out that (in addition to the requirements of section 36 of the Water Services Act 2007) the plan for the Dublin region will include a level of specificity regarding the geographic location of any proposed infrastructure.

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Head 55 Functions of Mayor and members of the Authority in making the water services strategic plan

(1) It shall be a function of the Mayor to propose a water services strategic plan for the Dublin Region or to propose a review, revision or replacement of the water services strategic plan, in accordance with section 36 of the Act of 2007.

(2) In addition to the requirements of section 36 of the Act of 2007, the Mayor in proposing a plan, or review, revision or replacement of a plan, shall comply with the provisions of Head 62.

(3) (a) A water services strategic plan made by the Authority shall immediately come into force.

(b) The provisions of subsection (3) of section 36 of the Act of 2007 shall not apply to the making, revision or replacement of a water services strategic plan by the Authority.

(4) (a) Where, in accordance with section 36 of the Act of 2007 the members of the Authority propose to make, revise or replace a water services strategic plan which in the opinion of the Mayor would not be appropriate, the plan shall not be adopted.

(b) Reasons for a plan, revised plan or replacement plan being inappropriate include: 126

(i) inconsistency with the provisions of Head 60, Ministerial guidelines under Head 61, or Ministerial policy directives under Head 62, (ii) failure to comply with subsections 36(6), 36(7) and 36(8) of the Act of 2007, (iii) imposition of an unnecessary cost burden on the Dublin local authorities, or (iv) inclusion of conflicting objectives which would undermine the securing of overall plan objectives.

(5) Where the Mayor forms an opinion in accordance with paragraph 4(a), the Mayor shall inform the members accordingly, giving the members of the Authority reasons for forming such opinion, and requesting that the proposed plan, or that element of the proposed plan which would render it inappropriate, be reconsidered by the members of the Authority.

(6) Where agreement is not reached, the Mayor may postpone consideration of the plan (or revision or replacement thereof) until the next following meeting of the Authority.

(7) Where at the next following meeting of the Authority agreement is still not reached, the Mayor shall make the plan, revised plan or replacement plan, on behalf of the Authority, subject to the proviso that so much of the plan as has been agreed by the members of the Authority shall be included as part of the plan made by the Mayor, save in respect of any element which the Mayor considers would not be appropriate in accordance with subhead (4). 127

(8) In respect of the Dublin Region only, subsections 36(10) 36(11), 36(12) 36(13), 36(14), 36(15), 36(16) and 36(17) of the 2007 Act shall not apply.

Notes: This Head transfers the powers to make strategic water services plans from the 4 Dublin local authorities to the Authority, and sets out the roles of the Mayor and Authority in making water services plans for the Dublin Region. (1) Subhead (1) provides that it will be a function of the Mayor to propose a water services strategic plan, or a review, revision to a plan or a replacement plan, for the region, and that the Water Services Act 2007 is to be read accordingly. (2) This subhead requires that any plan proposed by the Mayor must not only comply with the requirements of the Water Services Act 2007, but also with any national objectives or targets, guidelines or policy directives set out by the Minister in accordance with Heads 60, 61 and 62 (3) The text “at which point it will immediately come into force” is intended to address section 36(17) of the 2007 Act, which defines the point at which the plan comes into force. Paragraph (b) provides that subsection 36(3) (the making of a plan being a reserved function) does not apply. (4) Subheads (4) to (7) put in a safeguard to ensure that the Authority adopts an appropriate plan. It prevents the adoption of a plan which the Mayor considers to be inappropriate. The Mayor must specify the reasons he or she considers adoption inappropriate and subhead (4)(b) sets out the principles in relation to which the Mayor can act in this manner. Where agreement is not reached on the matter the Mayor can postpone consideration of the matter until the following meeting of the Authority. Where agreement is still not reached the Mayor must make the Plan on behalf of the Authority, accepting the plan insofar as it has been agreed and is not inappropriate. (5) Subhead (8) removes the option, provided for in the Water Services Act 2007, for the Authority to request an up-to-3 months extension from the Minister, and for managerial step-in in instances in which a proposed plan is late or inappropriate. The new arrangement of powers for adopting a plan in the Dublin Region as set out above renders these provisions redundant.. Subhead (8) also removes references to the making of a plan being a reserved decision, the coming into force of the plan (which is covered in subhead 3(a) above, and orders under s.140 of the 2001 Act, which do not apply to the Authority).

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CHAPTER 5

Regional Housing

Head 56 Role of the Authority in Relation to Housing Services Plans (1) The Authority shall be among those bodies to which a housing authority within the Dublin Region is required to send a notice and a copy of a draft housing services plan under section 16(1)(a) of the Housing (Miscellaneous Provisions) Act 2009.

Notes:

This Head provides that the Authority shall be consulted in relation to the preparation of Housing Services Plans in the Dublin Region. It should be noted that the Mayor will have significant powers to set out overall housing policy in the Dublin area through the operation of the Regional Planning Guidelines. See also following head.

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Head 57 Dublin Region housing authorities to consider the policies or objectives of the Authority

For the purposes of making a housing services plan, or a variation of a housing services plan, the Dublin Region housing authorities shall consider the relevant policies or objectives of the Authority.

Notes This Head places a specific obligation on housing authorities in the Dublin Region to have regard to the policies of the Mayor.

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CHAPTER 6

Other Bodies

Head 58 Mayor and Dublin Transport

This Head will provide a key role for the Mayor in relation to transportation and traffic management in Dublin.

Notes: Further details in relation to the Mayor’s role are being developed to take account of the establishment in December 2009 of the National Transport Authority as successor body to the Dublin Transport Authority.

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Head 59 Dublin Regional Development Board

(1)

There shall be established a body to be known as the Dublin Region Development

Board, in this section referred to as the Board.

(2)

The Board shall operate under the aegis of the Authority in accordance with the

provisions of this Head.

(3)

The Mayor shall be the chair of the Board.

(4) Subject to and in accordance with guidelines issued under subsection (9), the Mayor shall appoint the members of the Board which shall comprise—

(a) the chief executive;

(b) the Cathaoirligh and managers of the Dublin local authorities and the Deputy Mayor for Dublin;

(c) representatives of public authorities operating in the Dublin Region;

(d) such representatives of social interests, to be known collectively in the context of a Board as the social partners, as may be provided for in such guidelines; 132

(e) such representatives of the development agencies and publicly funded or supported local development bodies concerned with local enterprise, education or community development as may be provided for in such guidelines;

(f) such other persons (if any) as may be provided for by such guidelines.

(5) The functions of a Board are—

(a) to assist the Authority to achieve its objectives under Head 35;

(b) to take such steps, as the Board may consider appropriate, to enable each of the bodies and interests, whose functions affect the economic, social or cultural development of the Dublin Region and its people (in this section referred to as the “community”) to provide the maximum benefit each of them can to such development, both individually and collectively;

(c) to draw up a strategy (in this section referred to as the “strategy”) for the economic, social and cultural development of the Dublin Region and the community;

(d) to seek to secure that the policies and operations of the bodies and interests represented on the Board and of others accord generally with the strategy;

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(e) to encourage and promote on an ongoing basis the co-ordination of the activities of the bodies and interests represented on the Board and co-operation generally between such bodies and interests so as to optimise resources and combined effort for the common good of the community.

(6) (a) A public authority, local authority, or other body which is represented on a Board, shall in so far as is not inconsistent with the performance of its functions—

(i)

co-operate with the Board in its work, and

(ii)

endeavour to comply with a request from the Board in respect of information of relevance to its functions.

(b) The Board may make recommendations to any public authority, local authority or other person as to the way in which the policies and programmes of such body or person should develop or operate as regards the Dublin Region and the community.

(c) Subject to the requirements of any other enactment, any public authority, local authority, or body referred to in paragraph (a), shall in the performance of its functions as regards the Dublin Region, have regard to the strategy and to any recommendations made under paragraph (b).

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(7) In performing its functions a Board shall have regard to Government policy and shall comply with any general policy directives as may be given to it by the Minister.

(8) The Authority shall provide staffing and such other resources as may be necessary for the Board.

(9) The Minister may issue general guidelines for the purposes of this section as regards—

(a) the appointment by the Mayor of representation on the Board in accordance with subsection (4) and the selection and tenure of such representatives;

(b) the involvement of other bodies and interests in the work of the Board;

(c) the funding and administration of the Board;

(d) the preparation of the strategy and its ratification by the Authority; and

(e) such other matters as he or she considers appropriate.

(10) The Board has all such powers as are necessary for or incidental to the performance of its functions under this section.

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(11) (a) Any guidelines relating to county development boards and city development boards which were issued by the Minister under the section 129 of the Principal Act or otherwise, before the commencement of this section and current at such commencement apply and have effect as if issued under this section insofar as they are relevant to the Board.

(b) Guidelines issued under this section may be revised by the Minister from time to time as required, or withdrawn, and new guidelines issued.

(12) The Boards established in each of the Dublin local authorities under section 129 of the ` Principal Act shall be dissolved on the commencement of this section. (13) The Mayor may establish sub-committees of the Board to consider specific matters or, following consultation with the Dublin local authorities, he or she may establish subcommittees covering specific geographical areas, including areas which correspond to the administrative areas of the Dublin local authorities.

Notes: This Head provides for the establishment of a Regional Developmetn Board to replace the 4 City and County Development Boards in Dublin. The Head restates most of the provisions of section 129 of the Local Government Act, 2001 which provided for city and county development boards. The Dublin Regional Development Board will be chaired by the Mayor. The following modifications of the section 129 provisions have been introduced: Subhead (2) puts the Board under the aegis of the Authority. Subhead (3) provides that the Mayor is to chair the Board. Subhead (4) provides that the Mayor will be the person who appoints members of the Board. The persons appointed will include the chief executive, the cathaoirligh and managers of the Dublin local authorities will be on the board (instead of local authority corporate policy group members 136

as provided for at local authority level), representatives of public authorities, social partners, development agencies and a wide range of other interests. Under Subhead 9(a) the Minister can issue guidelines as to how appointments are made – but it is envisaged that the Mayor would have the flexibility to choose a certain number of members. Subhead (5) sets out the Board’s objectives, including a new general function in Subhead 5(a) to assist the Authority in the attainment of its general objectives under Head 35. Subhead 11(a) continues existing guidelines in relation to CBDs in force in relation to the Dublin Regional CDB but only insofar as they are relevant to the Board. Subhead 12 dissolves the existing city and county development boards in Dublin.

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CHAPTER 7

Ministerial Guidelines and Directives

Head 60 Consistency with national obligations etc.

(1) The Authority shall keep itself informed of, and have regard to, the policies, objectives, resolutions and guidelines of any public authority, the functions of which have, or may have, a bearing on the matters with which the Authority is concerned.

(2) In this section “public authority” means the Minister, the Commission of the European Communities and any other public authority inside or outside the State which, in the opinion of the Authority, has functions that have, or may have, a bearing on matters with which the Authority is concerned.

(3) It shall be a general duty of the Authority to: (a) promote co-ordination, consistency and compatibility with the programmes, plans, policies, proposals or objectives of the Government or any Minister of the Government, and

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(b) have regard to the resources that are available, or are likely to be available, for the provision of public services and the need to secure the most beneficial, effective, and efficient use of such resources.

Notes: (1) and (2) are based on the provisions of section 42 of the 2008 Act in relation to the Authority keeping itself informed of relevant public policy, with the addition of the words “have regard to”. See also section 143 of the Planning and Development Act, 2001 in relation to An Bord Pleanála. The addition of the phrase “have regard to” is taken from Article 16 (b) of 1993 Regional Authorities Establishment Order. Subhead (3) provides a general duty to promote co-ordination, and consistency etc with Government policy and to have regard to the efficient use of public resources. This is based on Articles 14(2) (a)(ii) and 16(c) of 1993 Order.

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Head 61 Ministerial guidelines

(1) The Minister may, at any time, issue guidelines to the Authority regarding any of the Authority’s regional plan making functions under this Part and the Authority shall have regard to those guidelines in the performance of its functions.

(2) Without prejudice to the generality of subsection (1) and for the purposes of that subsection the Authority in having regard to the guidelines issued by the Minister under that subsection, shall—

(a) consider the policies and objectives of the Minister contained in the guidelines when preparing and making a regional plan, and

(b) append a statement to the draft regional plan and regional plan which shall include the information referred to on subsection (3).

(3) The statement which the Authority shall append to a draft regional plan and the regional plan under subsection (2) shall include information which demonstrates—

(a) how the Authority has implemented the policies and objectives of the Minister contained in the guidelines when considering their application to the area or part of the area to which the draft regional plan or regional plan relates, or 140

(b) if applicable, that the Authority has formed the opinion that it is not possible, because of the nature and characteristics of the area or part of the area to which the plan relates, to implement certain policies and objectives of the Minister contained in the guidelines when considering the application of those policies in the area or part of the area of the draft regional plan or the regional plan and shall give reasons for the forming of the opinion and why the policies and objectives of the Minister have not been so implemented.

(4) Any guidelines made by the Minister prior to the commencement of this Part and still in force immediately before such commencement, which are in respect of the functions the Authority has under this Part, shall be deemed to be guidelines under this section.

(5) The Minister may revoke or amend guidelines issued under this section.

(6) The Minister shall cause a copy of any guidelines issued under this section and of any amendment or revocation of those guidelines to be laid before each House of the Oireachtas.

(7) The Authority shall make available for inspection by members of the public any guidelines issued to it under this section.

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(8) The Minister shall publish or cause to be published, in such manner as he or she considers appropriate, guidelines issued under this section.

(9) Guidelines for the purposes of this section shall be deemed to include reference to—

(a) guidelines under section 28 of the Act of 2000, (b) guidelines under section 30(4) of the Waste Management Act 1996, and (c) guidelines and codes of practice under section 34 of the Act of 2007.

Notes: This Head provides that the Minister can issue guidelines to the Authority and sets out the obligations of the Authority in relation to those guidelines. Ministerial guidelines etc can apply to local authorities under a number of enactments e.g. Planning and Development Acts, Waste Management Acts, etc. This Head provides for general application of those guidelines etc to the Authority where the Authority is taking on a role which would otherwise have been performed by a local authority e.g in relation to waste management and water services planning. The Head is largely based on section 28 of the Planning & Development Act 2000, as proposed to be amended by the Planning & Development Bill 2009 (s.17 and s.18). Subsection (1) is based on section.28(1) of the Planning & Development Act 2000. Subsection (2) is based on s.28(1A) of the Planning & Development Act 2000, as proposed to be inserted by the Planning & Development Bill 2009. Subsection (3) is based on section 28(1B) of the Planning & Development Bill 2000, as proposed to be inserted by the Planning & Development Bill 2009. Subsection (4) is based on subsection (3) of the Planning & Development Bill 2000. Subsection (5) is based on subsection (4) of the Planning & Development Bill 2000. Subsection (6) is based on subsection (5) of the Planning & Development Bill 2000. Subsection (7) is based on subsection (6) of the Planning & Development Bill 2000. Subsection (8) is based on subsection (7) of the Planning & Development Bill 2000. Subsection (9) clarifies that relevant guidelines under the Acts relevant to this Part of the Bill (which provide for plan/strategy making) are the subject of this section.

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Head 62 Ministerial policy directives

(1) The Minister or any Minister of the Government may, from time to time, following consultation with the Mayor, issue policy directives to the Authority regarding the Authority’s regional plan making functions under this Part where he or she considers that there are specific policy objectives or targets:

(a) which are of strategic or national policy, or

(b) which are of importance in meeting obligations under any enactment, or under a directive or regulation of the European Union,

and which require consistency of the regional plans.

(2) A policy directive made by the Minister or any Minister of the Government under this subhead shall:

(a) indicate the main reasons and considerations for making the policy directive;

(b) specify the objectives or targets for which consistency is required;

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(c) specify any resource implications for the Authority, Dublin local authorities, other public authorities, or the public, involved in meeting the objectives or targets; and,

(d) specify any particular matters which must be provided for in a regional plan in order to meet the objectives or targets specified.

(3) The Authority shall comply with any such directives in the performance of its functions, and shall ensure that any regional plan made or adopted by it is consistent with any policy objective or target set out in a directive under this section.

(4) The Minister may revoke or amend a policy directive issued under this section.

(5) Where the Minister proposes to issue, amend or revoke a policy directive under this section, a draft of the directive, amendment or revocation shall be laid before both Houses of the Oireachtas and the policy directive shall not be issued, amended or revoked, as the case may be, until a resolution approving the issuing, amending or revocation of the policy directive has been passed by each House.

(6) The Minister shall cause a copy of any policy directive issued under this section to be laid before each House of the Oireachtas.

(7) The Authority shall make available for inspection by members of the public any policy directive issued to it under this section. 144

(8) The Minister shall publish or cause to be published, in such manner as he or she considers appropriate, policy directives issued under this section.

(9) (a) Any policy directive made by the Minister prior to the commencement of this Part and still in force immediately before such commencement, which relate of the functions assigned to the Authority under this Part, shall be deemed to be a policy directive under this section and shall apply to the Authority accordingly in so far as it is relevant to the functions of the Authority.

(b) For the purposes of paragraph (a) “policy directive” means a policy directive under section 29 of the Planning and Development Act 2000, a direction under section 60 of the Waste Management Act 1996, or a policy direction under section 99 of the Water Services Act 2007.

Notes: This subhead, based on s.29 of the Planning & Development Act 2000 seeks to address two objectives: (i) that in devolving greater power to the Authority it is important that national and EU objectives are complied with and (ii) that central government needs to be clear on the targets which the Mayor and Authority is expected to meet, including the resource implications for meeting those targets. (1) Based on subsection (1) of section 29 of the Planning & Development Bill 2000, with the additional provisions that there must be prior consultation with the Mayor and that it is to be used where the Minister “considers that there are specific policy objectives or targets which are of strategic or national policy or which are of importance in meeting obligations under any enactment, or under a directive or regulation of the European Union, and which require consistency of the regional plans”.

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(2) sets out what is to be contained in a policy directive including the reasons behind it, any targets to be achieved, the resource implications, and any particular matters which must be done (3) Requires the Authority to comply with a directive. Based on subsection (1) of s.29 of the Planning & Development Act 2000. (4) Allows the Minister to revoke a directive. Based on subsection (3) of s.29 of the Planning & Development Act 2000. (5) Requires a positive resolution of both Houses of the Oireachtas before a directive can be issued. Based on subsection (4) of s.29 of the Planning & Development Act 2000. (6) Requires that a copy of the directive is laid before both Houses. Based on subsection (5) of s.29 of the Planning & Development Act 2000. (7) Requires that a directive should be available for public inspection. Based on subsection (6) of s.29 of the Planning & Development Act 2000. (8) Requires that the Minister publishes a copy of the directive. Based on subsection (7) of s.29 of the Planning & Development Act 2000. (9) Ensures that any relevant directives, under planning, waste and water services Acts, already in place should apply to the Authority in so far as they may be relevant to the functions of the Authority. This is an expanded provision based on subsection (3) of s.28 of the Planning & Development Act 2000.

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Head 63 Ministerial directions regarding regional plans

(1) The Minister may, in accordance with this section, for stated reasons direct the Authority to take such specified measures as he or she may require, in relation to a regional plan, including the variation, revision, or replacement of a regional plan, as the case may be.

(2) Where the Minister issues a direction under this section the Authority, notwithstanding anything contained in this Act, shall comply with that direction and the Mayor or members of the Authority shall not exercise a power or perform a function conferred on them by this Act in a manner that contravenes the direction issued by the Minister under this section.

(3) The Minister shall issue a notice in writing, to the Mayor in relation to the making by the authority of a regional plan, no later than 4 weeks after the regional plan is made, where he or she has formed an opinion that—

(a) the Authority, in making the regional plan has ignored, or has not taken sufficient account of a guideline issued under Head 61 or a policy directive issued under Head 62,

(b) in the case of regional planning guidelines, the regional plan fails to set out an overall strategy for the development of the Greater Dublin Area consistent with the National Spatial Strategy, (c) in the case of a Waste Management Plan, the regional plan fails to set out an overall strategy— 147

(i)

for the prevention, minimisation, collection, recovery and disposal of nonhazardous waste within the Dublin Region, or

(ii)

with regard to matters specified in subsection (2) of section 22 of the Waste Management Act 1996 in relation to hazardous waste so far as they relate to the Dublin Region.

(d) in the case of a water services strategic plan, the regional plan fails to set out an overall strategy to—

(i)

protect human health and the environment,

(ii)

facilitate the provision of sufficient water services for domestic and non-domestic requirements in the Dublin Region, and,

(iii)

support proper planning and sustainable development, including sustainable use of water resources.

(e) the regional plan is not in compliance with the requirements of this Act.

(4) The notice referred to in subsection (3) shall, for stated reasons, inform the Authority of—

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(a) the Minister’s opinion referred to in subsection (3),

(b) the intention of the Minister to issue a direction (a draft of which shall be contained in the notice) to the Authority to take certain measures specified in the notice in order to ensure that the regional plan is in compliance with the requirements of this Act and sets out an overall strategy for the relevant objectives of the regional plan, in accordance with paragraphs (b), (c) and (d) of subsection (3) of this section, and

(c) those parts of the regional plan that, by virtue of the issuing of the notice under this subsection, shall be taken not to have come into effect, been made or amended under subsection (6).

(5) The Mayor shall furnish a copy of the notice referred to in subsection (3) to the members of the Authority.

(6) The regional plan shall not come into effect in relation to any matter contained in the regional plan which is referred to in a notice issued by the Minister pursuant to subsection (3), and if the regional plan proposed to be replaced, varied or revised contains a matter that corresponds to the matter which is referred to in the notice issued by the Minister aforesaid, the regional plan proposed to be replaced, varied or revised shall continue to have effect as respects that matter.

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(7) No later than 2 weeks after receipt of the notice issued by the Minister under subsection (3), the Mayor shall publish notice of the draft direction in at least one newspaper circulating in the Dublin Region which shall state—

(a) the reasons for the draft direction,

(b) that a copy of the draft direction may be inspected at such place or places as are specified in the notice during such period as may be so stated (being a period of not more than 2 weeks), and

(c) that written submissions or observations in respect of the draft direction may be made to the Authority during such period and shall be taken into consideration by the Minister before he or she directs the Authority pursuant to this section.

(8) Not later than 4 weeks after the expiry of the period referred to in subsection (7)(b), the Mayor shall prepare a report on any submissions or observations received under subsection (7) (c) which shall be furnished to the Minister and the members of the Authority.

(9) The report referred to in subsection (8) shall—

(a) include the views of the Mayor,

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(b) summarise the views of and recommendations (if any) made by the members of the Authority,

(c) summarise the views of any person who made submissions or observations to the Authority,

(d) summarise the views of and recommendations (if any) made by the Dublin local authorities,

(e) make recommendations in relation to the best manner in which to give effect to the draft direction.

(10) No later than 3 weeks (or as soon as may be during such period extending that 3 week period as the Minister may direct) after receipt of the report referred to in subsection (8), the Minister, having considered the report, shall decide for stated reasons—

(a) to issue the direction referred to in subsection (4)(b),

(b) not to issue the direction referred to in subsection (4)(b), or

(c) to issue the direction referred to in subsection (4)(b), which has been amended by the Minister to take account of the views, recommendations, submissions and observations contained in the report referred to in subsection (8), as the Minister considers appropriate. 151

(11) The direction issued by the Minister under subsection (10) is deemed to have immediate effect and its terms are considered to be incorporated into the regional plan, or, if appropriate, to constitute the regional plan.

(12) The Minister shall cause a copy of a direction issued under subsection (10) to be laid before each House of the Oireachtas.

(13) The Authority shall make a direction issued to it under subsection (10) available for inspection by members of the public, during office hours of the authority, at the offices of the authority, and may also make the direction available by placing it on the authority’s website or otherwise in electronic form.

(14) The Minister shall publish or cause to be published in such manner as he or she considers appropriate directions issued under subsection (10). Notes: This head is based on s.18 of the P&D Bill 2009 (Ministerial directions regarding development plans, variation of development plans and local area plans), which substitutes s.31 of the P&D Act 2000. (1) Based on s.31(1), as per s.18 of the 2009 Bill. (2) Based on s.31(2), as per s.18 of the 2009 Bill. Reference to “manager or elected members” replaced with “Mayor or members of the Authority.” (3) Based on s.31(3), as per s.18 of the 2009 Bill. “Planning authority” replaced by “Mayor.” Subhead (3) of this Bill is also considerably expanded as compared to s.31(3), in order to provide specific grounds on which the Minister may regard regional planning guidelines, a waste management plan, or a water services strategic plan to be unsatisfactory or not in compliance with this Act. (4) Based on s.31(4), as per s.18 of the 2009 Bill. 152

(5) Based on s.31(5), as per s.18 of the 2009 Bill. “Minister” replaced with “Mayor”, “manager and Cathaoirleach” replaced with “members of the Authority”. Section 31(5)’s separate reference to a Regional Planning Authority has been omitted as unnecessary (the Authority is the Regional Authority). (6) Based on s.31(6), as per s.18 of the 2009 Bill. (7) Based on s.31(7), as per s.18 of the 2009 Bill. (8) Based on s.31(8), as per s.18 of the 2009 Bill. (9) Based on s.31(9), as per s.18 of the 2009 Bill. (10) Based on s.31(16), as per s.18 of the 2009 Bill. (11) Based on s.31(17), as per s.18 of the 2009 Bill. (12) Based on s.31(18), as per s.18 of the 2009 Bill. (13) Based on s.31(19), as per s.18 of the 2009 Bill. (14) Based on s.31(20), as per s.18 of the 2009 Bill.

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PART 4

ELECTION OF MAYOR

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CHAPTER 1 Preliminary and General Head 64 Interpretation

(1) In this Act , except where the context otherwise requires—

“ballot paper” has the meaning given to it by Head 95(1);

"certificate of political affiliation" has the meaning given to it by Head 84(4);

"deposit" means the sum of money required (?) by Head 85(2) to be deposited with the returning officer by or on behalf of a candidate;

“Dublin Region Electoral Area” has the meaning given to it by Head 69;

"election" means a mayoral election;

"elector" means a local government elector;

"excluded day" means a day which is a Sunday, Good Friday or a day which is a public holiday within the meaning of the Organisation of Working Time Act 1997 or a day which by virtue of a statute or proclamation is a public holiday; 155

"local election" means an election under Part 4 of the Local Government Act 2001 [and, for the purpose of article 120, includes elections in Member States of the European Union other than the State and the United Kingdom by direct universal suffrage to appoint the members of the representative council and, where appropriate, under the laws in each such Member State, the head and members of a basic local government unit;

“local electoral area” means an area referred to in section 24 of the Local Government Act 1994 by reference to which a local election is held;

“local government elector” means a person entitled, pursuant to section 24 of the Local Government Act 2001, to vote at a local election;

“mayoral election” means an election of the Mayor for Dublin held pursuant to this Act;

"Member State" has the meaning it has in the Treaties governing the European Communities (within the meaning of section 1 (as amended, whether before or after the making of these Regulations) of the European Communities Act, 1972 (No. 27 of 1972)); SEE ABOVE

"the Minister" means the Minister for the Environment, Heritage and Local Government;

“notice of poll” has the meaning given to it by Head 94;

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the “official mark” has the meaning given to it by Head 96(1);

"personation agent" has the meaning given to it by Head 88(3);

"polling day" means, in relation to an election held in the year 2010, the day fixed under Head 72(2) for the holding of the poll at that election or, in relation to an election in any other year, the day fixed under section 26(2) of the Local Government Act 2001 for the holding of polls at local elections;

“polling information card” has the meaning given to it in Head 98(1);

“postal voter” has the meaning given to it in Head 91(1);

"postal voters ballot box" means a ballot box provided under article 34 of the Regulations of 1995, as applied to an election by Head 91(3), for the reception of covering envelopes returned by postal voters;

“special voter” has the meaning given to it in Head 92(1);

the “quota” has the meaning given to it in Head 104(1);

"the register of electors" has the meaning given to it by Head 70(1);

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the “Regulations of 1995” means the Local Elections Regulations 1995 (S.I. No. 297 of 1995) as given statutory effect as if they were an Act of the Oireachtas by section 20 of the Electoral Act 2009.

(2) In this Act, every reference to a particular officer shall be construed as including a reference to any person duly appointed as deputy for such officer or to act in the place of such officer during the absence or incapacity of the officer or during a vacancy in the office or to whom the duties of the office are assigned.

(3) For the purpose of the application by virtue of this Act to the election of the Mayor for Dublin of certain provisions of the Regulations of 1995, the said provisions as so applied shall have effect as if—

(a) a reference in those Regulations to a local election or an election was a reference to an election of the Mayor for Dublin;

(b) a reference in those Regulations to a returning officer was a reference to the returning officer by virtue of Head 76 for the election of the Mayor for Dublin;

(c) a reference in those Regulations to the Regulations of 1995 was a reference to this Act, including the provisions of those Regulations applied to the election of the Mayor for Dublin by this Act;

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(d) the reference in article 26 of the said Regulations to article 72 thereof was a reference to that article as applied to an election by Head 99;

(e) the reference in article 31 of the said Regulations to Part XV of those Regulations was a reference to Chapter 15;

(f) the reference in article 32 of the said Regulations to article 26 thereof was a reference to Head 88;

(g) the reference in article 44 of the said Regulations to article 65 thereof was a reference to that article as applied to an election by Head 99;

(h) the reference in article 49 of the said Regulations to article 50 thereof was a reference to Head 94;

(i) the reference in article 49 of the said Regulations to article 76 thereof was a reference to Head 100;

and with any other necessary modifications. Notes: These interpretation provisions use the approach/text in section 3 of the Presidential Elections Act 1993, article 2 of the Local Elections Regulations 1995 and section 2 of the Local Government Act 2001.

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Head 65 Forms

Any document referred to in this Act as a document to be used at an election, or in any provision in any enactment applied to a mayoral election by virtue of this Act, shall, save as otherwise provided for by this Act, be in the same form as the corresponding form used at an election to Dáil Éireann, subject to any necessary modification.

Notes: This Head mirrors the provision in article 3(2) of the Local Elections Regulations 1995 in relation to forms.

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Head 66 Eligibility for office of Mayor

Subject to the disqualifications set out in Head 16, a person is eligible for election to the office of Mayor for Dublin if he or she is a citizen of Ireland or is ordinarily resident in the State and has or will attain the age of 18 years -

(a) on or before polling day at the election, or

(b) if there is no poll, the latest day for receiving nominations at the election.

Notes: This head is based on section 12 of the Local Government Act 2001 regarding eligibility for election.

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Head 67 Offence to act as Mayor when disqualified

(1) A person is guilty of an offence if he or she knowingly acts as Mayor for Dublin when disqualified[, or knowingly votes when prohibited by or under any enactment].

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €2,000 for each such offence.

(3) An offence under this section may be prosecuted by a local government elector in the Dublin Region Electoral Area or by the Dublin Regional Authority.

(4) This section is without prejudice to any other disqualification or penalty arising out of the actions of the person concerned.

Notes: This Head is based on section 15 of the Local Government Act 2001 to provide that it is an offence to act as Mayor when disqualified.

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Head 68 Cesser of holding of office of Mayor

(1) A person ceases to be Mayor for Dublin and a vacancy arises in that office immediately upon he or she becoming disqualified from being mayor under Head 16 or under [section 182 of the Principal Act or] section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act 1999.

(2) When a person ceases to be Mayor for Dublin under this section he or she also ceases to be a member of any body to which he or she –

(a) was elected, nominated or appointed by the Dublin Regional Authority, or

(b) is a member by virtue of being a member of the Dublin Regional Authority.

(3) Nothing in subhead (1) or (2) shall be read so as to affect the validity of anything previously done by the person while mayor or a member of the body concerned.

(4) [A person to whom a disqualification referred to in subhead (1) applies is so disqualified from being or becoming a member of any committee, joint committee or joint body].

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Notes: This Head is based on section 16 of the Local Government Act 2001 and provides that a person ceases to be mayor upon becoming disqualified.

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Head 69 Dublin Region Electoral Area

For the purposes of an election, there shall be one electoral area which shall consist of the local electoral areas in force at that time in respect of the city of Dublin and the counties of Dún Laoghaire-Rathdown, Fingal and South Dublin and it shall be called the “Dublin Region Electoral Area

Notes: This Head ensures that the Dublin Region Electoral Area is made up of the local electoral areas in Dublin City and the 3 counties. It is based on section 40(1)(b) of the Local Government Act 2001.

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Head 70 Right to vote at mayoral elections

(1) For the purposes of an election and subject to the provisions of this Act, every person whose name is on the register of local government electors prepared under Part II of the Electoral Act 1992, for the time being in force for a local electoral area situated within the Dublin Region Electoral Area, (in this Act referred to as the “register of electors”) is entitled to vote at the poll at an election in that Area.

(2) A person’s name shall be taken to be on the register of electors if it includes a name which, in the opinion of the returning officer or presiding officer, was intended to be the person’s name.

(3) A person who has voted at an election shall not in any legal proceeding be required to state for whom he or she has voted.

(4) A person who -

(a) is registered in the register of electors for the time being in force for a local electoral area but is not entitled to be so registered, or

(b) is not registered in the register of electors,

shall not vote at the poll at an election in an area which that local electoral area forms part of. 166

(5) Nothing in this Head shall be read so as to entitle any person to vote who is not entitled to do so, or as relieving that person from any penalties to which that person may be liable for voting.

Notes: This Head is based on section 24 of the Local Government Act 2001 to provide, inter alia, that every local government elector registered in a local electoral area to vote at local elections can vote at the election.

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Head 71 Prohibition of plural voting

(1) A person shall not vote or apply for a ballot paper more than once at an election.

(2) (a) A person who contravenes subhead (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding [€ term not exceeding [ ] or, at the discretion of the court, to imprisonment for a

] months or to both.

(b) A person who aids, abets, counsels or procures the commission of an offence under subhead (1) is guilty of an offence and is liable:

(i)

on summary conviction, to a fine not exceeding [€

] or, at the discretion of the

court, to imprisonment for a term not exceeding [ ] months or to both, or

(ii)

on conviction on indictment, to a fine not exceeding [€

] or, at the discretion of

the court, to imprisonment for a term not exceeding [ ] years or to both.

Notes: This Head is based on section 25 of the Local Government Act 2001 to provide for the offence of plural voting.

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Head 72 Year, day and time of mayoral election

(1) An election under this Act shall be held in the year 2010 and thereafter shall be held in the same year as local elections are held pursuant to section 26(1) of the Local Government Act 2001.

(2) The poll at the election in 2010 shall be held on such day in that year and shall continue for such period, not being less than 12 hours between the hours of 7.00 a.m. and 10.30p.m., as may be fixed by the Minister by order.

(3) The order under subhead (2) shall be published in the Iris Oifigiúil as soon as may be after it is made.

(4) The poll at an election in any year other than 2010 shall be held on the same day and shall continue for the same period as may be fixed by the Minister by order under section 26(2) of the Local Government Act 2001 for the holding of polls at local elections.

Notes: This Head is based on section 26 of the Local Government Act 2001. It provides for the holding of the first election in the year 2010 and thereafter with other local elections. It also provides for the day and times for the taking of a poll at such elections.

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Head 73 Conduct of election

(1) If a mayoral election is contested, the poll shall be taken according to the system of proportional representation, each local government elector having one transferable vote.

(2) In subhead (1) “transferable vote” has the meaning given to it by section 37 of the Electoral Act 1992, subject to the deletion of “when the vote is not required to give a prior choice the necessary quota of votes, or” in subsection (2)(b) of that section.

(3) No election is invalid by reason of non-compliance with any provision of this Act [or of regulations under this Act], or any mistake in the use of forms provided for by this Act [or by any such regulations], if it appears to the court before which the matter is raised:

(a) that the election was conducted in accordance with the principles laid down in the Act or the regulations taken as a whole, and

(b) that the non-compliance or mistake did not materially affect the result of the election.

Notes: This Head is based on sections 27(1) and 40(3) of the Local Government Act 2001 to provide for PR-STV as the electoral system, subject to deletion of provision for the transfer of a surplus which will not arise as only one seat is to be filled. It also includes a standard provision as in section 27(6) of the 2001 Act concerning validity of an election.

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Head 74 Amendments to certain Acts relating to mayoral elections

The Electoral Act 1992, the Electoral Act 1997, the European Parliament Elections Act 1997, the Litter Pollution Act 1997 and the Electoral (Amendment) Act 2006 are amended in the manner stated in Schedule 4.

Notes: This Head is based on section 42 of, and Schedule 9 to, the Local Government Act 2001. It provides for incorporation of the election of the Dublin Mayor into general provisions in electoral law (i.e. those relating to the register of electors, voting on reaching 18, the closing date for supplements to the postal and special voters’ lists, inclusion on the special voters list, the register of political parties, polling schemes, ineligibility of serving mayor for Dáil/Seanad/European Parliament nomination or membership until 12 months after ceasing to hold office, special difficulties orders, combined polls regulations, circulation of the register of electors, donation requirements, provisions relating to litter pollution and elections, and deadline for deletion of prisoners from postal voters list).

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Head 75 Election petitions in relation to mayoral elections

(1) The Local Elections (Petitions and Disqualifications) Act 1974 (“the Act of 1974”) shall apply to an election as if references in that Act to local elections were to be read as references to a mayoral election.

(2) For the purposes of the application, by virtue of subhead (1), of the Act of 1974 to a mayoral election –

(a)

section 8(2) of that Act shall apply as if “the [Bill title]” were substituted for “any regulations made by the Minister under section 82 of the Act of 1963”,

(b)

section 8(3)(a) of that Act shall apply as if “the [Bill title]” were substituted for “regulations made by the Minister pursuant to section 82 of the Act of 1963”, and

(c)

section 15(3) of that Act shall apply as if “filled in accordance with [Head10 – Mayoral Vacancy]” were substituted for “filled as casual vacancies”.

Notes: This Head is based on section 43 of the Local Government Act 2001 to provide for election petitions in relation to an election.

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CHAPTER 2

Returning Officer

Head 76 Returning officer

Notes: Matter under consideration.

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Head 77 General duty of returning officer

It shall be the general duty of the returning officer for an election to do all such acts and things as may be necessary for effectually conducting the election in accordance with this Act, to ascertain and declare the results of the election and to furnish to the Regional Authority a return of the person elected to be Mayor for Dublin.

Notes: This Head provides for the setting out of the general duties of the returning officer for an election to the office of Mayor for Dublin. These include conducting the election in accordance with this Act, ascertaining and declaring the results of the election and furnishing to the Authority a return of the person elected to be Mayor for Dublin. This head is based on section 31 of the Electoral Act 1992 and Article 5 of the Local Elections Regulations 1995.

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Head 78 Deputy returning officers

(1) The returning officer for an election may, in writing, appoint one, or more than one, person to be deputy returning officer or officers and may delegate to any such deputy such of the functions of the returning officer as may be specified in the appointment.

(2) The returning officer may at any time revoke the appointment of a deputy returning officer appointed under subhead (1).

(3) A deputy returning officer at an election shall have all the rights and be subject to all the duties and liabilities of the returning officer in relation to the functions for which he or she is appointed.

(4) In this Act, any reference to the returning officer in relation to any act, matter or function for which a deputy returning officer is appointed by or under this head shall, unless the context otherwise requires, be interpreted as a reference to such deputy returning officer.

Notes: This head provides power for the returning officer at an election to appoint one or more persons to be a deputy returning officer at an election under this Act. This head is based on section 30 of the Electoral Act 1992 and Article 6 of the Local Elections Regulations 1995.

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Head 79 Election office

The returning officer for an election under this Act shall appoint a convenient place to be that officer's office for the purposes of the election.

Notes: This Head provides for a requirement on the returning officer to appoint an election office which is convenient at the election. This Head is based on Article 7 of the Local Elections Regulations 1995.

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Head 80 Expenses of returning officer

Notes: Matter under consideration.

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Head 81 Mutual assistance

It shall be the duty of every person upon whom any function in relation to an election is conferred by or under this Act and of every person appointed or employed (otherwise than by any candidate or political party) for any purpose relating to the election, to furnish such information and render such other assistance to any other such person as that other person requires for the purposes of the election.

Notes: This Head provides for a requirement on persons who are conferred with any function in relation to an election to furnish any information and provide such assistance to any other person as he or she requires for the purpose of the election. This Head is based on Article 9 of the Local Elections Regulations 1995.

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CHAPTER 3

Manner of Voting

Head 82 Manner of voting

Subject to Heads 91(1) and 92(1), a person who is entitled to vote at an election shall be entitled to vote in person only and at the polling station allotted to him or her or, in case that person is authorised under article 61 or 62 of the Regulations of 1995 (as applied to an election by Head 99) by a returning officer, at the polling station specified in the authorisation.

Notes: This head mirrors article 10(1) of the Local Elections Regulations 1995 in relation to voting at polling stations.

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CHAPTER 4

Nominations

Head 83 Application of certain provisions of Part IV of the Regulations of 1995

The provisions of articles 11 to 13 and 17 to 24 of the Regulations of 1995 shall, subject to the modifications specified in Head 64(3), apply and have effect in relation to nominations at an election.

Notes: This head applies Articles 11 to 13 and Article 17 to 24 of the Local Elections Regulations 1995 as follows: Article 11 – Notice of election: provides for the giving of notice by the returning officer of the election setting out the times for receiving nominations and the requirement on candidates to secure 60 assents (see below). Article 12 – Register of political parties: provides for a requirement on the Registrar of Political Parties to send a copy of the Register of Political Parties to the returning officer on the day before the latest day for publication of the notice of election. Article 13 – Necessity for nomination: provides that a person is not entitled to have his or her name entered on the ballot paper for an election unless he or she has been duly nominated in accordance with the provisions of the Act. Article 17 – Times for receiving nominations: provides for the times for receiving nominations at the election. Article 18 – Delivery of nomination papers: provides for procedures for the delivery of nomination papers at a Mayoral election. Under this head, the delivery of a nomination paper 180

must be made by the candidate in person or, where the candidate is proposed by another person, it may be made by the candidate or by the proposer in person. Article 19 – selection of nomination papers: provides for the selection of nomination papers at a Mayoral election in the order in which they are received by the returning officer. The first valid nomination paper received by the returning officer nominating a candidate for election will be deemed to be the nomination of that candidate. Article 20 – ruling on validity of nomination paper: makes provision for the ruling on the validity of nomination papers at the election. Article 21 – Publication of nominations: provides for the procedure in relation to the publication of nominations at the election. Article 22 Withdrawal of candidature: provides for the withdrawal of a candidature at a Mayoral election. Withdrawal of a candidature may be effected by a notice in writing signed by the candidate and delivered in person by the candidate or the candidate’s proposer to the returning officer. Article 23 – Publication of withdrawal: provides for the publication of a withdrawal of a candidate. Article 24 – Obstruction of nominations: provides for a situation where proceedings at the nomination of candidates are obstructed by violence. In such a case, the returning officer may adjourn the proceedings to a later hour on the day or to the next following day and if the returning officer considers it necessary to further adjourn proceedings until the obstruction has ceased. The polling day may also be altered.

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Head 84 Nomination of candidates

(1) At an election a person may nominate himself or herself as a candidate or may, with his or her consent, be nominated by another person (being a person registered as an elector in a local electoral area in the Dublin Region Electoral Area) as proposer.

(2) Each candidate shall be nominated by a separate nomination paper in the form directed by the Minister.

(3) Each nomination paper shall state the names (the surname being stated first) and the address and occupation (if any) of the candidate.

(4) A candidate may include in the nomination paper the name of the political party registered in the Register of Political Parties as a party organised to contest an election of which he or she is a candidate, provided that, at the time the nomination paper is delivered to the returning officer, a certificate in the form specified in Schedule 5 to this Act (referred to as a ‘certificate of political affiliation’) authenticating the candidature is produced to the returning officer, being a certificate signed by the officer or officers of such party whose name or names appear in the said Register pursuant to section 25(7)(d) of the Electoral Act 1992. Where such a certificate is produced, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause –

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(a)

a statement of the name of the relevant political party and a copy of the political party’s emblem as registered in the said Register to be specified in relation to the candidate on all the ballot papers, and

(b)

a statement of the name of the relevant political party to be specified in relation to the candidate on notices.

(5) Where a candidate is not the candidate of a political party registered in the Register of Political Parties as a party organised to contest an election the candidate shall be entitled to enter after his or her name on the nomination paper the expression ‘Non-Party’ and, if the candidate does so, the returning officer shall cause a statement of that expression to be specified in relation to the candidate on all the ballot papers and on notices.

(6) In the case of a candidate whose candidature is not authenticated by a certificate of political affiliation under subhead (4), one or other of the following paragraphs shall, before the expiration of the time appointed by article 17 of the Regulations of 1995 (as applied to an election by Head 83) for receiving nominations, be complied with: (a) the candidate’s nomination shall have been assented to by 60 persons (excluding the candidate and any proposer) who are electors in the Dublin Region Electoral Area (each of whom in this Chapter is referred to as an ‘assentor’); (b) the candidate, or someone on his or her behalf, shall have made a deposit in accordance with Head 85.

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(7) The following provisions apply in respect of the assents required by subhead (6)(a) to the nomination of a candidate referred to in that subhead:

(a)

to assent to the nomination, an assentor shall make a statutory declaration in the form directed by the Minister stating the following: (i) his or her number (including polling district letters) on the register of electors in force on the date of the making of the statutory declaration; (ii) his or her place of ordinary residence in respect of which he or she is registered in the register of electors referred to in subparagraph (i); (iii) (iv) his or her contact details, including telephone numbers (if any); the name of the local electoral area, in the Dublin Region Electoral Area, on the date of the making of the statutory declaration, in which he or she is ordinarily resident; (v) (vi) the name and address of the candidate; the form of identification produced by him or her in accordance with paragraph (b), including any number on it that distinguishes it from similar forms held by others; (vii) (viii) that he or she assents to the nomination of the candidate; that he or she has not assented to the nomination of any other candidate in respect of that election;

(b)

when making the statutory declaration referred to in paragraph (a), the assentor shall produce to the person taking and receiving the declaration a specified 184

photographic identification in accordance with subhead (8)(b) and shall, on so doing, be deemed, for the purposes of the Statutory Declarations Act 1938, to be personally known to the person taking and receiving the declaration;

(c)

subject to paragraph (d), the assent shall have effect as respects, and only as respects, the election of the Mayor for Dublin held next after the making of the statutory declaration;

(d)

notwithstanding paragraph (c), the assent shall cease to have effect if the register of electors referred to in paragraph (a) ceases to be in force before the holding of the election referred to in paragraph (c);

(e)

the candidate or proposer shall attach the required number of statutory declarations (that is to say, the 60 statutory declarations constituting the assents) to the nomination paper and the nomination paper delivered to the returning officer in accordance with article 18 of the Regulations of 1995, as applied to an election by Head 83, shall have the declarations so attached;

(f)

where more than the required number of statutory declarations is attached to the nomination paper, the declarations (up to the required number) first attached to the nomination paper shall be taken into account to the exclusion of any others;

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(g)

it shall be lawful for a member of the Garda Siochána or an official of the Dublin Regional Authority or an official of a registration authority, within the meaning of section 6 of the Electoral Act 1992, in the functional area of the Dublin Regional Authority to take and receive a statutory declaration referred to in paragraph (a) and any such declaration shall be stamped by the member or official concerned;

(h) the Dublin Regional Authority, each registration authority in its functional area and the returning officer shall arrange for the provision of forms for the purposes of making a statutory declaration referred to in paragraph (a) free of charge to any person who requests such a form.

(8) For the purposes of subheads (6)(a) and (7) –

(a)

a person whose application to have his or her name entered in the supplement to the register of electors is approved by a registration authority in the functional area of the Dublin Regional Authority at or before the latest time for delivery of a nomination paper to the returning officer shall be deemed to be an elector in the Dublin Region Electoral Area, and

(b)

any type of photographic identification that for the time being is prescribed under section 3 of the Electoral Act 1992 for the purposes of section 46(6)(b) of that Act is considered to be ‘specified photographic identification’ as referred to in subhead 7(b). 186

(9) The returning officer shall provide nomination papers during the usual office hours, at such place or places as are named in the notice of election under article 11 of the Regulations of 1995, as applied to an election by Head 83, on each week-day during the period beginning on the publication of that notice and ending at 12 noon on the latest day for receiving nominations and the returning officer shall supply a nomination paper or papers free of charge to any person applying therefore, but the use of a paper supplied by the returning officer pursuant to this Head shall not be obligatory at an election, provided that the nomination paper used at the election is in the form directed by the Minister is accordance with subhead (2).

(10) Every reference in this Head to the Register of Political Parties shall be construed as a reference to the copy of that Register sent to the returning officer pursuant to article 12 of the Regulations of 1995, as applied to an election by Head 83.

Notes: This Head provides for the nomination of candidates at the Mayoral election. It provides for the nomination of a person by that person himself or herself or, with his or her consent, by another person who is registered as a local government elector in a local electoral area within the Dublin Region Electoral Area, as proposer. The head requires each candidate to be nominated by a separate nomination paper in the form directed by the Minister. Where a candidate is not a member of a political party their nomination is to be assented to by 60 assentors, registered as local government electors, or a deposit is to be paid. It is based on Article 14 of the Local Elections Regulations 1995 with necessary modifications. The 60 assentors requirement is the same as at a European Parliament election, which has an identical constituency.

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Head 85 Deposit by certain candidates

(1) This Head applies to a candidate referred to in Head 84(6) unless the candidate concerned has opted to have his or her nomination assented to by the means specified in Head 84(6)(a) and (7).

(2) A candidate at an election referred to in Head 84(6), or someone on his or her behalf, may, before the expiration of the time appointed by article 17 of the Regulations of 1995 (as applied to an election by Head 83) for receiving nominations, deposit with the returning officer the sum of €1,800, and if he or she fails to do so, his or her candidature shall be deemed to have been withdrawn.

(3) The deposit that may be made by or on behalf of a candidate pursuant to this Head may be made by means of legal tender or, with the consent of the returning officer, in any other manner.

Notes: This Head provides that, unless a candidate has opted to have his or her nomination assented to, this head will apply. In that case, the alternative is that the candidate or someone on his or her behalf may, before the expiration of the time limit for receiving nominations, deposit with the returning officer the sum of €1,800. If that sum is not deposited before the expiration of the time appointed for the receipt of nominations, the candidature of the candidate will be deemed to have been withdrawn. This head is based on Article 15 of the Local Elections Regulations 1995. The deposit amount of €1,800 is the same as at a European Parliament election, which has an identical constituency.

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Head 86 Return or disposal of deposit

(1) The deposit referred to in Head 85 shall be returned where the candidate -

(a)

withdraws his or her candidature in accordance with article 22 of the Regulations of 1995 (as applied to an election by Head 83),

(b) (c) (d)

is deemed, under Head 90(1), to have withdrawn his or her candidature, dies before the poll is closed, has not, before the expiration of the time for the receipt of nominations, been validly nominated as a candidate at the election,

(e) (f)

is elected, or is not elected but the greatest number of votes credited to him or her at any stage of the counting of the votes at the election exceeds one quarter of the quota.

(2) Any deposit which is not returned under subhead (1) shall be forfeited.

(3) Where a deposit is to be returned under subhead (1) it shall be returned to the person by whom it was made, provided that a deposit made by a person who dies before the deposit is returned shall be returned to his or her personal representative.

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(4) A deposit forfeited under this Head shall be applied by the returning officer towards his or her expenses in conducting the election and shall be accounted for by the returning officer accordingly.

(5) In this Head ‘personal representative’ has the meaning assigned to it by section 3 of the Succession Act 1965.

Notes: This head provides for the return or disposal of a deposit at a Mayoral election. Under this head, the deposit of a candidate is returned to the candidate where, for example, he or she withdraws the candidature or dies before the close of the poll, or has not been validly nominated before the expiry of time for receipt of nominations. This head is based on article 16 of the Local Elections Regulations 1995.

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Head 87 Procedure after nominations

(1) If at 12 noon on the day (disregarding any excluded day) next following the latest day for receiving nominations -

(a) the number of candidates standing nominated at the election is 2 or more, the returning officer shall adjourn the election and shall take a poll in accordance with this Act, or

(b) one candidate only stands nominated at the election, the returning officer shall forthwith declare the said candidate to have been elected to be Mayor for Dublin and shall make a return to the [Chief Executive Officer] of the Dublin Regional Authority in accordance with Head 108 and comply with the other provisions of that Head.

(2) Where, at 12 noon on the day (disregarding any excluded day) next following the latest day for receiving nominations no candidate stands nominated for election, the returning officer shall so inform the Minister; the relevant order under Head 72(2) or referred to in Head 72(4) (insofar as it relates to the election) shall be deemed to be revoked; a fresh election shall be held in accordance with this Act; and the Minister shall as soon as practicable make an order for the purpose of the fresh election.

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Notes: Subhead (1) is based on Article 25(1) of the Local Elections Regulations 1995 and provides for an election to be held if two or more candidates stand nominated. If only one candidate stands nominated they are deemed elected. Subhead (2) is based on section 28 of the Presidential Elections Act 1993 and provides that a fresh election be held in the event that no candidate is nominated at the first election.

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CHAPTER 5

Agents of Candidates

Head 88 General provisions as to agents

(1) A candidate at an election may appoint agents to be present on his or her behalf—

(a) (b) (c) (d)

at the issue of ballot papers to postal voters; in polling stations; at the opening of the postal ballot boxes; and at the counting of the votes.

(2) Subject to the provisions of subhead (3), the number of agents who may be appointed to be present on behalf of any candidate shall be fixed by the returning officer so, however, that the same number shall be allowed on behalf of every candidate.

(3) A candidate may appoint one person (in this Act referred to as a "personation agent") to be present as the candidate's agent in each polling station for the purpose of assisting in the detection of personation and such appointment shall be in writing and shall be produced to

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the presiding officer for the polling station concerned. Not more than one personation agent shall be appointed by any candidate to be present in a polling station.

(4) An appointment under this head may be revoked by the candidate.

(5) A candidate shall, not later than the time for the commencement of the issue of ballot papers to postal voters, give written notice to the returning officer of the name and address of every agent appointed by the candidate to be present at the said issue and the returning officer may refuse to admit to the place where the ballot papers are to be issued any agent whose name and address have not been so notified.

(6) A candidate shall, not later than 2 days (disregarding any excluded day) before the polling day, give written notice to the returning officer of the name and address of every personation agent appointed by the candidate together with the name of the polling station for which the personation agent is appointed. A personation agent appointed in accordance with this head and whose name and address have been duly notified to the returning officer shall be entitled to be present in the polling station referred to in the notification during the period commencing 30 minutes before the time fixed by the Minister for the commencement of the poll and ending when the ballot boxes have been sealed by the presiding officer pursuant to article 72 of the Regulations of 1995, as applied to an election by Head 99, and the documents and materials specified in that article have been placed in sealed packets.

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(7) A candidate shall, not later than 2 days (disregarding any excluded day) before the polling day, give written notice to the returning officer of the name and address of every agent appointed by the candidate to be present at the opening of the postal ballot boxes and the returning officer may refuse to admit to the place where the postal ballot boxes are to be opened any agent whose name and address have not been so notified.

(8) A candidate shall, not later than 2 days (disregarding any excluded day) before the polling day, give written notice to the returning officer of the name and address of every agent appointed by the candidate to be present at the counting of the votes and the returning officer may refuse to admit to the place where the votes are to be counted any agent whose name and address have not been so notified.

(9) Where the appointment of an agent under this head is revoked or an agent appointed under this head dies, resigns or becomes incapable of acting during an election, another agent may be appointed under this head in place of the first-mentioned agent and, where such an appointment is made, the candidate shall forthwith give written notice of the name and address of the agent appointed to the returning officer.

(10) A candidate may lawfully do or assist in the doing of any thing which may lawfully be done on the candidate's behalf by an agent appointed under this head and may be present (in addition to, or in substitution for, any such agent) at any place at which any such agent may, pursuant to this Act, be present.

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(11) Any thing required by this Act to be done in the presence of an agent of a candidate shall not be invalidated by reason only of the agent's not being present at the time and place appointed for doing such thing.

Notes: This Head provides for matters relating to the appointment of agents at a Mayoral election. It covers the position of agents appointed to be present at the issue of ballot papers to postal voters, in polling stations, at the opening of postal ballot boxes and at the counting of votes. This Head is based on article 26 of the Local Elections Regulations 1995.

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Head 89 Officers not to act as agents of candidates, further candidature etc.

(1) A returning officer or a person employed by such officer for any purpose relating to an election shall not act as an agent for a candidate at that election and shall not be associated in furthering the candidature of a candidate or promoting the interests of a political party at the election.

(2) A returning officer shall not employ in any capacity for the purposes of an election a person who has been employed by or on behalf of a candidate in or about the election or has been associated in furthering the candidature of a candidate or promoting the interests of a political party at the election.

Notes: This Head provides that a returning officer or any person employed by such officer, may not act as an agent for a candidate at that election and must not be associated in furthering the candidature of any candidate or promoting the interests of a political party at the election. The returning officer is also prohibited from employing in any capacity for the purpose of an election a person who has been employed by or on behalf of a candidate at the election or has been associated in furthering the candidature of a candidate or promoting the interests of a political party at the election. This Head is based on Article 27 of the 1995 Regulations.

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CHAPTER 6

Death of a Candidate

Head 90 Death of a candidate

(1)

Where, not less than 48 hours before the latest time for receiving nominations at an election the returning officer becomes satisfied that a candidate standing nominated has died, the returning officer shall immediately give public notice to that effect and the candidature of the candidate shall be deemed to have been withdrawn.

(2)

Where, at any time during the period beginning 48 hours before the latest time for receiving nominations and ending on the commencement of the poll, the returning officer becomes satisfied that a candidate standing nominated for election has died, the following provisions shall have effect—

(a)

if notice of poll has been given, the returning officer shall forthwith countermand the poll;

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(b)

the returning officer shall forthwith give public notice that all acts done in connection with the election (other than the nomination of the surviving candidates) are void and that a fresh election will be held;

(c)

all the proceedings for the election shall be commenced afresh, but a fresh nomination or consent shall not be necessary in respect of any candidate who stood nominated at the time of giving the public notice under paragraph (b);

(d)

the returning officer shall forthwith publish the notice of election in relation to the

fresh election;

(e)

at the fresh election the earliest time for receiving nominations shall be 10 a.m. on

the day (disregarding any excluded day) next following the date of the publication of the notice of election in relation to the fresh election and the latest time for receiving nominations shall be 12 noon on the third day (disregarding any excluded day) next following the said date;

(f)

the poll at the fresh election shall be taken either on the seventh day (disregarding any excluded day) after the latest day for receiving nominations, and shall continue for such period (not being less than 12 hours between the hours of 7.00 a.m. and 10.30 p.m.) as shall be fixed by the returning officer, or on the day and during the period established pursuant to Head 72(2) or (4) as appropriate, whichever is the later; 199

(g)

article 12 of the Regulations of 1995, as applied to an election by Head Head 83,

shall not apply in relation to the fresh election and references to the Register of Political Parties contained in Head 84 shall, in relation to the fresh election, be construed as references to the copy of that Register sent to the returning officer in relation to the original election.

(3)

Where, at any time after the commencement of the poll at an election and before the close of such poll, the returning officer becomes satisfied that a candidate standing nominated for election has died—

(a)

all votes cast at the election shall be disregarded and the ballot papers shall be destroyed by the returning officer;

(b)

the provisions of paragraphs (b) to (g) of subhead (2) shall apply.

(4) Where a candidate at an election dies in circumstances other than those referred to in subhead (1), (2) or (3) the death of that candidate shall not invalidate his or her nomination or any preference recorded for the candidate and, if the candidate is elected, such election shall not be invalidated by reason of the candidate's death, but he or she shall be deemed to have vacated the office of Mayor on the day of his or her death and the vacancy shall be filled in accordance with the provisions of Head 10 – Mayoral Vacancy.

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(5) Where a poll is countermanded under this Head, all ballot papers issued to postal voters and special voters relating to the countermanded poll shall be disregarded and the returning officer shall destroy all ballot papers received for inclusion in the countermanded poll.

Notes: This Head provides for potential situations at various stages during an election process where a candidate at an election dies and provides for responses to the various circumstances which are likely to arise due to such situations. Where a candidate dies after if/she is elected, the election is valid and the person is deemed to have vacated the office. The filling of a Mayoral vacancy outside of the election process is provided for in Head 10. This Head is based, with appropriate modifications, on Article 28 of the 1995 Regulations.

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CHAPTER 7

Postal Voting

Head 91 Postal voting

(1)

Every local government elector whose name is, at the time of an election, in the postal voters list for the Dublin Region Electoral Area (in this Act referred to as “a postal voter”) shall be entitled to vote in that Area at the poll at the election by sending a ballot paper by post to the returning officer for the Dublin Region Electoral Area and shall not be entitled to vote at the election in any other manner.

(2)

The returning officer shall, as soon as practicable after the adjournment of an election for the purpose of taking a poll, send to each elector whose name is on the postal voters list for the Dublin Region Electoral Area, a ballot paper and a form of receipt for such ballot paper and, if the ballot paper duly marked by the said elector and accompanied by the said receipt duly signed by the elector, is received by the returning officer before the close of the poll, it shall be counted by the returning officer and treated for all purposes in the same manner as a ballot paper placed in a ballot box in the ordinary way at the taking of a poll.

(3)

The provisions of articles 30 to 41 of the Regulations of 1995, shall, subject to the modifications specified in Head 64(3), apply and have effect in relation to postal voting at 202

an election and, in sending out, receiving and otherwise dealing with the ballot papers of postal voters, the returning officer shall comply with the provisions of those articles.

(4)

A reference to an agent in any of the provisions of the Regulations of 1995 referred to in subhead (3) shall be deemed to include a reference to the election agent of a candidate and any person appointed by a candidate to be present at the issue of ballot papers to postal voters or the opening of postal voters ballot boxes.

Notes: This Head is modelled on section 40 of Presidential Act 1993 (omitting subsection (4)). It applies, with the necessary modifications, Part VII of the 1995 Regulations to the election of the Mayor for Dublin. It provides that local government electors in the Dublin Region Electoral Area whose names are on the postal voters list are entitled to vote by post and in no other manner and provides for the issue and return of ballot papers, and the opening of postal ballot boxes. It further specifies that a reference to an agent in any of the provisions of the 1995 Regulations relating to postal voting, being applied by this section, shall include a reference to an election agent of the candidate and any person appointed by a candidate to attend at the issue of postal ballot papers or the opening of postal ballot boxes. The Head applies the provisions of articles 30-41 of the Local Elections Regulations, which cover the following matters: Article 30 provides for the issue of postal voters ballot papers to local government electors who are serving in the diplomatic service abroad and who are entitled to vote by post at an election. Article 30A provides for postal voting arrangements for persons who are entered in the postal voters list under section 63 of the Electoral Act 1997. To be entered in the postal voters list, such an elector must satisfy the registration authority that the circumstances of his or her employment are such as to render it likely that he or she will be unable to go in person on polling day to vote at the polling place for the polling district. Article 30B provides for voting arrangements for persons who cannot vote in person at their polling place due to their being detained in prison. Article 31 specifies that the ballot paper sent to postal voters should be in the same form as and indistinguishable from ballot papers sent to other electors who vote in person. It also requires that the receipt sent with a ballot paper to postal voters should have printed on the receipt 203

instructions to the voter and a statement of offences and penalties relating to postal voting set out in Part XV. Article 32 specifies the categories of persons who may be present at the proceedings on the issue of postal ballot papers, and at the opening of postal voters ballot boxes and the envelopes contained in such boxes. Article 33 provides for the notification in writing by the returning officer to each candidate of the time and place at which he or she will issue the ballot papers to postal voters and of the number of persons each candidate can appoint to attend the issue of such ballot papers. It also provides for the procedure to be followed at the issue of ballot papers to postal voters. Article 34 provides for the provision of postal voters’ ballot boxes for the reception of postal voters envelopes returned to the returning officer. The ballot box must be shown open and empty to the agents at the time of issue of postal ballot papers and then closed and sealed and marked “Postal Voters Ballot Box”. Article 35 provides for the unopened covering envelopes to be placed in postal voters ballot boxes. Article 36 relates to envelopes other than covering envelopes in which the returning officer finds a document which it would have been appropriate to send to him or her. Article 37 provides for procedures at the close of the poll. Article 38 deals with the procedure at the opening of the postal voters’ ballot boxes, in the presence of the agents, if any. Article 39 relates to rejected receipts at the counting of votes. Article 40 provides for the placing of postal voters’ ballot papers from the postal voters ballot box in a ballot box once the covering envelopes and the ballot paper envelopes have been opened. Article 41 deals with the duties of a returning officer concerning documents relating to postal voters.

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CHAPTER 8

Voting By Special Voters

Head 92 Voting by special voters

(1)

Every local government elector whose name is, at the time of an election, in the special voters list for the Dublin Region Electoral Area (in this Act referred to as "a special voter") shall be entitled to vote in that Area at the poll at the election in accordance with article 46 of the Regulations of 1995 and shall not be entitled to vote in any other manner.

(2)

The provisions of articles 42 and 44 to 48 of the Regulations of 1995 shall, subject to the modifications specified in Head 64(3), apply and have effect in relation to voting by special voters at an election and, in delivering, receiving and otherwise dealing with the ballot papers of special voters, the returning officer shall comply with the provisions of those articles.

Notes: This Head applies, with the necessary modifications, Part VIII of the 1995 Local Election Regulations to the election of the Mayor for Dublin. It provides that voters with a disability, who are registered as special voters, may vote at the election of the Mayor for Dublin by means of the special voting arrangement. Head 92(2) applies the provisions of Articles 42 and 44 to 48 of the Local Elections Regulations. (Article 43 is not applied here as it is covered in subhead 92(1) above). These cover the following matters: 205

Article 42 provides for the interpretation of expressions used in this Chapter. Article 44 provides for the appointment of special presiding officers to carry out functions at an election. Article 45 provides for the delivery of a ballot paper and accompanying documentation to every special voter entitled to vote at the election. Article 46 provides for the method of voting by special voters at an election. Article 47 sets out the duties of special presiding officers in relation to covering envelopes and other documentation. Article 48 makes provision for the duties of the returning officer in relation to documents relating to special voters.

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CHAPTER 9

Polling on Islands

Head 93 Polling on islands

The provisions of article 49 of the Regulations of 1995 shall, subject to the modifications specified in Head 64(3), apply and have effect in relation to the taking of a poll at an election at a polling station situate on an island.

Notes: This Head applies, with the necessary modifications, Part IX of the 1995 Local Election Regulations to the election of the Mayor. It provides for various scenarios which may arise in the case of polling on islands and makes provision for situations arising from adverse weather conditions, including the early closure of the poll after 4 hours.

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CHAPTER 10

Arrangements for the Poll

Head 94 Notice of poll

Where an election is adjourned for the purpose of taking a poll, the returning officer shall, as soon as practicable after the adjournment, publish a notice (in this Act referred to as "the notice of poll") stating—

(a) (b)

the day on which and the hours during which the poll will be taken, the names and descriptions of the candidates standing nominated at the election as entered in their nomination papers, and of the proposers, if any, and

(c)

the order in which the names of the said candidates will appear on the ballot papers.

Notes: This Head provides for the giving of public notice by the returning officer as soon as possible after the adjournment of the election for the taking of the poll. This notice will set out the day and hours during which the poll will be taken, the names and descriptions of candidates standing nominated at the election as entered in their nomination papers and the order in which the names of the candidates will appear on the ballot paper. This Head is based on section 87 of the Electoral Act 1992 and Article 50 of the Local Elections Regulations 1995.

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Head 95 Ballot papers

(1) The ballot of a voter at an election shall consist of a paper (in this Act referred to as a "ballot paper") in the form specified in Schedule XX subject to any necessary modifications thereof provided under paragraph (b) of subhead (2).

(2) Ballot papers shall be prepared by the returning officer in accordance with the following provisions—

(a) a ballot paper shall contain the names and descriptions of the candidates standing nominated at the election, as shown in their respective nomination papers. The names shall be arranged alphabetically in the order of the surnames or, if there are 2 or more candidates bearing the same surname, in the alphabetical order of their other names or, if their surnames and other names are the same, in such order as shall be determined by lot by the returning officer, (b) a ballot paper may include a photograph of each candidate and the registered emblem of the candidate’s political party, if any, and the form of the ballot paper as specified in Schedule XX may be adjusted accordingly in accordance with directions by the Minister, (c) the surname of each candidate and the name of the candidate's political party, if any, or, if appropriate, the expression "Non-Party" shall be printed in large capitals, the candidate's surname and other name shall be printed in small capitals and the address and occupation

209

of the candidate, if any, as appearing in the relevant nomination paper, shall be printed in ordinary characters, (d) the list of candidates shall be arranged either in one continuous column or in 2 or more columns in such manner (without departing from the alphabetical order) as, in the opinion of the returning officer, is best for marking and counting, but subject to the restriction that the spaces on the ballot paper within which the candidates' names and descriptions appear shall be the same for each of the candidates, (e) the ballot papers shall be numbered consecutively on the back and the back of the counterfoil attached to each ballot paper shall bear the same number. The numbers on the ballot papers shall be printed in the smallest characters compatible with legibility and shall be printed on or about the centre of the paper, (f) apart from anything permitted by the form specified in Schedule XX, and the modifications thereof which may be provided for under paragraph (b), nothing shall appear on the ballot paper except in accordance with these provisions.

(3) A notice containing a copy of the ballot paper in large print shall be displayed by the presiding officer in the polling station.

Notes: This Head specifies the requirements relating to the contents of the ballot paper at an election, which must be in the form specified in Schedule XX to, subject to any necessary modifications. This Head is based on section 88 of the Electoral Act 1992 – see also Article 51 of the Local Elections Regulations 1995 and section 37 of the Presidential Elections Act 1993.

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Head 96 The official mark

(1) A ballot paper shall at the time of issue be marked with an official mark (in this Act referred to as "the official mark"), which shall be either embossed or perforated so as to be visible on both sides of the paper and the returning officer shall provide a sufficient number of marking instruments for this purpose.

(2) The returning officer shall ensure that the official mark is kept secret before the taking of the poll and that no mark previously used at an election shall be used at an election under this Act before the expiry of the 10 years next after such previous use.

Notes: This Head sets out the requirements which must be complied with in relation to the official mark at an election. It specifies that the official mark must be either embossed or perforated so as to be visible on both sides of the paper. This Head is based on section 89 of the Electoral Act 1992 (see also Article 52 of the Local Elections Regulations 1995 and section 38 of the Presidential Elections Act 1993).

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Head 97 Application of certain provisions of Part X of the Regulations of 1995

The provisions of articles 53, 54, 56, 57 and 58 of the Regulations of 1995 shall, subject to the modifications specified in Head 64 (3), apply and have effect in relation to the arrangements for the poll at an election.

Notes: This Head calls up the provisions in the Local Elections Regulations which deal with ballot boxes, use of Dáil ballot boxes etc., use of schools and public premises by the returning officer, polling stations and presiding officers and poll clerks. Article 55 of the Local Elections Regulations, which deals with polling information cards, is not called up as it is envisaged that the process will operate differently at a mayoral election. The provision relating to polling information cards is set out in Head 98.

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Head 98 Polling information cards

(1) Where a poll is to be taken at an election, the returning officer shall send to every elector whose name is on the register of electors for the Dublin Region Electoral Area and is not on the postal voters list or the special voters list a card (in this Head referred to as a "polling information card") in such form as may be directed by the Minister informing the elector of his or her number (including polling district letter) on the register of local government electors and of the place at which he or she will be entitled to vote, and containing a statement in relation to the specified documents referred to in article 73 of the Regulations of 1995, as applied to an election by Head 99, and, where appropriate, other information concerning the poll, including the address of the polling station.

(2) A polling information card shall be addressed to the elector at the address in respect of which he or she is registered in the register of electors and shall be delivered at that address not later than the third day before the polling day.

(3) Where a polling information card is dispatched by post it shall be transmitted without prepayment of charges therefore by the earliest practicable post.

(4) No action or other proceedings shall lie against a returning officer in respect of any failure to send, non-delivery of or error or mis-statement in a polling information card.

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Notes: This Head makes provision for the sending by the returning officer of a polling information card to each elector whose name is on the register of local government electors for the area in which the elector is registered. This head is based on section 92 of the Electoral Act 1992.

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CHAPTER 11

The Poll

Head 99 Application of the provisions of Part XI of the Regulations of 1995

The provisions of articles 59 to 73 of the Regulations of 1995 shall, subject to the modifications specified in Head 64(3), apply and have effect in relation to the taking of the poll at an election.

Notes: This Head applies various provisions of the Local Elections Regulations 1995 to the taking of a poll at an election of a Mayor for Dublin, subject to modifications set out in Head 64(3). The provisions applied relate to: the opening of the poll (Art 59); admission to the polling station (Art 60); voting by persons employed by the returning officer (Art 61); authorisation of physically ill or physically disabled elector to vote at another polling station (Art. 62); procedure for voting (Art. 63); spoilt ballot papers (Art. 64); voting by blind, incapacitated and illiterate electors (Art. 65); alleged personation (Art. 66); arrest of person committing personation (Art. 67); maintenance of order in polling stations (Art. 68); obstruction of the poll (Art. 69); damage to polling stations (Art. 70); destruction etc of ballot boxes or ballot papers (Art. 71); duties of presiding officer at close of poll (Art. 72); right to vote (Art. 73).

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CHAPTER 12

Arrangements for the Counting of the Votes

Head 100 Arrangements for the counting of the votes

The provisions of articles 74 to 79 of the Regulations of 1995, shall, subject to the modifications specified in Head 64(3), apply and have effect in relation to the arrangements for the counting of votes by the returning officer.

Notes: This head applies Articles 74 to 79 of the Local Elections Regulations 1995 and provides for the following: time and place for the counting of votes (Art. 74); attendance at the counting of the votes (Art 75); preliminary proceedings (Art 76); time for the counting of votes (Art 77); conduct of the counting of votes (Art 78); handling of ballot papers by candidates or agents (Art 79).

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CHAPTER 13

Rules for the Counting of the Votes

Head 101 Interpretation (Chapter 13)

(1) In this Chapter -

“continuing candidate” means any candidate not deemed to be elected and not excluded;

“count” means –

(a)

all the operations involved in the counting of the first preferences recorded for candidates;

(b)

all the operations involved in the transfer of the votes of an excluded candidate; or

(c)

all the operations involved in the transfer of the votes of 2 or more candidates excluded together;

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“deemed to be elected” means deemed to be elected for the purpose of the counting of the votes but without prejudice to the declaration of the result of the poll;

“determine by lot” means in Head 105(3) determine in accordance with following directions, namely, the names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the candidate or candidates shall be excluded in the order in which their names are drawn;

“non-transferable paper” means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate; provided that a paper shall be deemed to have become a non-transferable paper whenever-

(a)

the names of 2 or more candidates (whether continuing candidates or not) are marked with marks which, in the opinion of the returning officer, indicate the same order of preference and are next in order of preference; or

(b)

the name of the candidate next in order of preference (whether a continuing candidate or not) is marked with a mark which, in the opinion of the returning officer, does not follow consecutively after some other mark on the ballot paper, or with 2 or more marks indicating different orders of preference; or

(c)

it is void for uncertainty;

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“original vote” in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for that candidate;

“preference” shall be interpreted as follows –

(a)

“first preference” means any mark which, in the opinion of the returning officer, clearly

indicates a first preference;

“second preference” means any mark which, in the opinion of the returning officer, clearly indicates a second preference standing in succession to a first preference;

“third preference” means any mark which, in the opinion of the returning officer, clearly indicates a third preference standing in succession to a second preference, and so on;

(b)

“next available preference” means a preference which, in the opinion of the returning officer, is a second or subsequent preference recorded in consecutive order for a continuing candidate, the preferences next in order on the ballot paper for candidates already excluded being disregarded;

“transferable paper” means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate.

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Notes: This Head based on Article 80(1) of the Local Elections Regulations 1995, section 118(1) of the Electoral Act 1992 and section 45 of the Presidential Elections Act 1993 to make provision for interpretation of expressions used in Chapter 13.

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Head 102 Invalid ballot papers

(1) Any ballot paper -

(a) which does not bear the official mark; or

(b) on which the figure 1 standing alone, or the word “one” or any other mark which, in the opinion of the returning officer, clearly indicates a first preference, is not placed at all or is not so placed as to indicate a first preference for some candidate; or

(c) on which the figure 1 standing alone indicating a first preference, or the word “one” or any other mark which, in the opinion of the returning officer, clearly indicates a first preference, is set opposite the name of more than one candidate; or

(d) on which anything is written or marked which, in the opinion of the returning officer, is calculated to identify the elector,

shall be invalid and not counted, but the ballot paper shall not be invalid by reason only of carrying the words “one”, “two”, “three” (and so on) or any other mark which, in the opinion of the returning officer, clearly indicates a preference or preferences.

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(2) The returning officer shall endorse “rejected” on any ballot paper which under this Head is not to be counted. The returning officer shall prepare a statement showing the number of ballot papers rejected under each of the paragraphs (a), (b), (c) and (d) of subhead (1) and shall, on request, allow any candidate or agent of a candidate to copy such statement.

(3) Where the statement referred to in subhead (2) is prepared by a deputy returning officer the statement shall be transmitted to a returning officer as soon as practicable.

(4) The returning officer may endorse on any ballot paper which the officer does not reject as invalid an indication of the officer’s decision on it without, however, interfering with any mark placed by the elector on the ballot paper.

Notes: This Head is based on Article 80(2), (3), (4) and (5) of the Local Elections Regulations 1995. Following section 48 of the Presidential Elections Act 1993, it is given a separate section; this differs from the Electoral Act 1992, section 118(2).

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Head 103 First count

(1) After the ballot papers have been mixed in accordance with article 76(5) of the Regulations of 1995, as applied to an election by Head 100, the returning officer shall, rejecting any that are invalid, arrange them in parcels according to the first preferences recorded for each candidate.

(2) The returning officer shall then count the number of papers in each parcel and credit each candidate with a number of votes equal to the number of valid papers on which a first preference has been recorded for such candidate and the returning officer shall ascertain the number of all valid papers.

Notes: This Head is based on Article 81 of the Local Elections Regulations 1995 and provides for the procedure to be followed at the first count at an election.

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Head 104 The quota

(1) The returning officer shall then divide the total number of all valid ballot papers by 2 and the result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the election of a candidate and this number is referred to in this Act as “the quota”.

(2) Where at the end of any count the number of votes credited to a candidate is equal to or greater than the quota, that candidate shall be deemed to be elected and no further transfer of votes shall be made.

(3) Where at the end of any count the number of votes credited to some one continuing candidate exceeds the total of all the votes credited to the other continuing candidates, that candidate shall be deemed to be elected and no further transfer of votes shall be made.

Notes: This head provides the formula for the calculation of the quota at an election. It provides that if at the end of any count the number of votes credited to a candidate is equal to or greater than the quota, that candidate is deemed to be elected. It is based on article 81 of the Local Elections Regulation 1995 and section 50 of the Presidential Elections Act 1993. This is comparable to a Presidential election or a Dáil bye-election where, in both such cases, only one successful candidate can emerge from the election.

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Head 105 Exclusion of candidate

(1) Where, at the end of any count, no candidate has reached the quota and no candidate can be deemed to be elected under Head 104(3), the returning officer shall-

(a) exclude the candidate credited with the lowest number of votes and examine all the papers of that candidate;

(b) arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates; transfer each sub-parcel to the candidate for whom the preference is recorded; place the sub-parcel on top of the parcel of papers of the candidate to whom the transfer is made; and credit the candidate with a number of votes equal to the number of papers transferred to him or her;

(c) make a separate sub-parcel of the non-transferable papers and set them aside as finally dealt with, such papers being, for the purposes of Head 108(3), described as non-transferable papers.

(2) Where the total of the votes of the 2 or more lowest candidates is less than the number of votes credited to the next highest candidate, the returning officer shall in one operation exclude such 2 or more lowest candidates provided that225

(a) in cases where the second lowest candidate, or someone on his or her behalf, made a deposit in accordance with Head 85 at the election, the number of votes credited to that candidate is greater than one quarter of the quota, or

(b) in cases where any one of such 2 or more lowest candidates, or someone on his or her behalf, made a deposit in accordance with Head 85 at the election and the number of votes credited to any such candidate does not exceed one quarter of the quota, it is clear that the exclusion of the candidates separately in accordance with subhead (1) could not result in a number of votes exceeding one quarter of the quota being credited to that candidate.

(3) If, when a candidate has to be excluded under this head, 2 or more candidates have each the same number of votes and are lowest, regard shall be had to the number of original votes credited to each of those candidates, and the candidate with the lowest number of original votes shall be excluded and, where the numbers of original votes are equal, regard shall be had to the total numbers of votes credited to those candidates at the first count at which they had an unequal number of votes and the candidate with the lowest number of votes at that count shall be excluded and, where the numbers of votes credited to those candidates were equal at all counts, the returning officer shall determine by lot which shall be excluded.

Notes: 226

This Head provides for the exclusion of a candidate; it is based on Article 84 of the Local Elections Regulations 1995 with necessary amendment for a single candidate to be elected (i.e. no surplus to transfer) and with reference to section 51 of the Presidential Elections Act 1993.

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Head 106 Recount

(1) Any candidate or any agent of a candidate may, at the conclusion of any count, request the returning officer to re-examine and recount all or any of the papers dealt with during that count, and the returning officer shall re-examine and recount such papers accordingly without making any alterations in the arrangement of the papers in the various parcels, save where such alterations may be necessary in consequence of any error discovered in the recount. Nothing in this subhead shall make it obligatory on the returning officer to re-examine or recount the same parcel of papers more than once.

(2) The returning officer may at his or her discretion recount papers either once or more often in any case in which the officer is not satisfied as to the accuracy of any count. The power under this subhead of a returning officer to recount papers shall extend to papers dealt with at an earlier count than the immediately preceding one.

(3)

(a) One request (and not more) may be made by each candidate [or his or her agent] for a complete re-examination and recount of all parcels of ballot papers and the returning officer shall re-examine and recount the parcels of ballot papers accordingly.

(b) In the re-examination and recount, the number or order of ballot papers in any parcel shall not be disturbed.

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(c) Nothing in the provisions of this subhead shall make it obligatory on the returning officer to re-examine or recount the same parcel of papers more than once, but if an error is discovered which is, in the opinion of the returning officer, a significant error likely to affect the result of the election, the returning officer shall count all the papers afresh from the point at which the error occurred.

(d) Nothing in this subhead shall make it obligatory on the returning officer to comply with a request by a candidate [or his or her agent] which, in the opinion of the returning officer, is frivolous or vexatious.

(e) A request under this subhead may be made only at the conclusion of a count.

(4) Where an error is discovered, the returning officer shall, where necessary, amend any results previously announced by the officer.

(5) Where a request made under subhead (3) is withdrawn by the candidate as respects whom it is made or [by the agent of the said candidate], it shall be open to the returning officer not to proceed, or proceed further with the re-examination and recount.

Notes: This Head is based on Article 87 of the Local Elections Regulation 1995 to provide for a recount at an election.

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Head 107 Declaration of result of the poll

On the completion of the counting of the votes the returning officer shall determine and declare the result of the poll and the candidate deemed to be elected shall thereupon stand elected.

Notes: This Head is based on article 89 of the Local Elections Regulations 1995 and provides for the declaration of the result of the poll.

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Head 108 Return of person elected

(1) The returning officer shall make a return to the [Chief Executive Officer of the] Authority of the person elected to be Mayor for Dublin.

(2) The return shall be made by a certificate of the name and description of such person signed by the returning officer, as soon as practicable after the result of the poll has been declared in accordance with Head 107 or, where there is no poll, when such person has been declared elected in accordance with Head 87(1)(b).

(3) The returning officer shall give public notice of the name and description of the candidate elected and, in the case of a contested election, of the total number of votes given for each candidate, whether elected or not, of any transfer of votes and of the total number of votes credited to each candidate at the end of the count at which such transfer took place.

(4) The returning officer shall send a copy of the notice referred to in subhead (3) to the Minister.

Notes: This Head is based on Article 90 of the Local Elections Regulations 1995 to provide for a return to be made following the election.

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Head 109 Decision of returning officer

The decision of the returning officer, whether expressed or implied by his or her acts, on any question which arises in relation to the exclusion of any candidate under Head 105 or to any ballot paper or transfer of votes shall be final, subject only to reversal on a petition questioning the election.

Notes: This Head is based on Article 91 of the Local Elections Regulations 1995.

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CHAPTER 14

Retention, Inspection and Disposal of Documents

Head 110 Application of the provisions of Part XIV of the Regulations of 1995

The provisions of Part XIV of the Regulations of 1995 shall, subject to the modifications specified in Head 64(3), apply and have effect in relation to an election.

Notes: This head applies the provisions of articles 92, 93 and 94 of the Local Elections Regulations 1995. These Articles deal with the following: the retention and disposal of documents by the returning officer (Art. 92); the inspection of ballot papers etc. (Art. 93); and inspection of certain other documents (Art. 94).

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CHAPTER 15 Electoral Offences

Head 111 Application of the provisions of Part XV of the Regulations of 1995

The provisions of articles 95 to 119 of the Regulations of 1995 shall, subject to the modifications specified in Head 64(3), apply and have effect in relation to an election.

Notes: This head applies Articles 95 to 119 of the Local Elections Regulations 1995 and provides for the following: Personation (article 95); bribery (article 96); undue influence (article 97); breach of secrecy (article 98); offences relating to ballot boxes, ballot papers, nomination papers, certificates of political affiliation, official marks etc. (article 99); disorderly conduct at election meeting (article 100); omission of name and address of printer and publisher from election documents (article 101); nominating or withdrawing a candidate without consent (article 102); forged certificate of political affiliation (article 103); false declaration on nomination paper (article 104); officer acting as agent of candidate or furthering a candidature (article 105); obstruction of nomination or poll (article 106); interference with or destruction of postal ballot papers (article 107); obstruction of or interference with electors (article 108); personation agent leaving polling station without permission (article 109); prohibition on voting by person registered as elector when not entitled to be so registered (article 110); unlawful marking of ballot papers by person acting as companion (article 111); false statement of withdrawal or death of a candidate (article 112); misleading statement as to process of voting (article 113); handling of ballot papers by candidate or agent (article 114); unauthorised inspection of documents (article 115); limitation of time for prosecution of offence (article 116); penalties (article 117); compensation where certain charge is unjustly made or not prosecuted (article 118); and certificate of returning officer to be prima facie evidence (article 119). 234

CHAPTER 16

Spending and Donations at an Election

Head 112

Notes: Matter under consideration.

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CHAPTER 17

Miscellaneous

Head 113 Application of certain provisions of Part XVI of the Regulations of 1995

The provisions of articles 121, 122 and 123 of the Regulations of 1995 shall, subject to the modifications specified in Head 64(3), apply and have effect in relation to an election.

Notes: This head applies the provisions of Articles 121, 122 and 123 of the Local Elections Regulations 1995. These Articles deal with the following: secrecy (article 121); prohibition of disclosure of vote (article 122); publication of notices (article 123).

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PART 5

APPLICATION OF LOCAL GOVERNMENT ACTS TO THE AUTHORITY

237

Head 114 Application of local authority personnel provisions

(1) Save as is provided for in this section, Chapter 4 of Part 14 of the Principal Act (as amended) shall apply to the Authority subject to the provisions of this section and with such other modifications as may be necessary and for that purpose-

(a) references to a local authority, county council or city council shall be deemed to be references to the Authority,

(b) references to the manager shall be deemed to be references to the chief executive of the Authority,

(c) references to a Cathaoirleach or Leas-Chathaoirleach shall be deemed to be references to the Mayor and Deputy Mayor.

Notes: This Head provides that the staffing provisions which relate to local authority staff under the Local Government Act 2001 shall also apply to the staff of the Authority.

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Head 115 Application of ethical framework

(1) Save as is provided for in this section, Part 15 of the Principal Act (as amended) shall apply to the Authority subject to the provisions of this section and with such other modifications as may be necessary and for that purpose-

(a) references to a local authority, county council or city council shall be deemed to be references to the Authority,

(b) references to a member of the local authority shall be deemed to be a reference to the Mayor and to a member of the Authority,

(c) references to the manager shall be deemed to be references to the chief executive of the Authority, and

(d) references to a Cathaoirleach or Leas-Chathaoirleach shall be deemed to be references to the Mayor and Deputy Mayor.

Note: The aim of this section is to apply the local government ethical framework to the Authority without rewriting all the provisions. The wording used follows the wording of Section 180(2) of the LG Act 2001, which in turn applies the Ethics Acts to local authorities.

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PART 6

DISSOLUTION OF DUBLIN REGIONAL AUTHORITY ESTABLISHED UNDER LOCAL GOVERNMENTACT 1991

Note: The provisions in this Part follow the provisions of Part 6 of the Dublin Transport Authority Act, 2008. These provisions are relevant in so far as that Act replaced an authority set up under Regulations with a statutory authority. This is analogous to the replacement of the Dublin Regional Authority with the new statutory Authority.

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Head 116 Dissolution of Dublin Regional Authority

(1) The Dublin Regional Authority established under the Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1993 (S.I. No. 394 of 1993) “the 1993 Order” shall be dissolved on the establishment day.

(2) The provisions of the 1993 Order shall not apply to the Authority established under this Act, save as provided for in this section.

(3) The provisions of Article 14(h), Article 15, Article 31 (5) (as inserted by SI No. 1 of 1998), Article 35(3) (as inserted by SI No. 208 of 1995), and Article 37 (as amended) of the 1993 Order, Article 4 of S1 No 208 of 1995 and Articles 3 and 4 of SI No 1 of 1998 shall apply in relation to the Authority as if it were a regional authority within the meaning of those provisions, subject to such modifications as may be necessary.

Notes: This Head provides that on the coming into being of the new Authority that the existing Dublin Regional Authority will be dissolved. Subheads (2) and (3) allow for the continued application of certain provisions of the 1993 Regs, in particular those functions in relation to EU Operational Committees. Much of this work is now done at Regional Assembly level.

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Head 117 Transfer of land and other property

(1) On the establishment day, all land which, immediately before that day, was vested in the Dublin Regional Authority and all rights, powers and privileges relating to or connected with that land shall, without any conveyance, transfer or assignment, stand vested in the Authority for all the estate or interest for which it was vested in the Dublin Regional Authority but subject to all trusts and equities affecting that land subsisting and capable of being performed.

(2) On the dissolution day, all property other than land (including chose-in-action), which, immediately before that day, was the property of the Dublin Regional Authority shall, without any transfer or assignment, stand transferred to the Authority.

(3) Every chose-in-action transferred by subsection (2) may, on and after the dissolution day, be sued upon, recovered or enforced by the Authority in its own name and it shall not be necessary for the Authority to give notice to the person bound by any such chose-in-action of the transfer effected by this section.

(4) All moneys, stocks, shares and securities transferred to the Authority by subsection (2) which, immediately before the dissolution day, are in the name of the Dublin Regional Authority shall, upon the request of the Authority, be transferred into its name.

Notes: 242

This Head provides for all land and property vested in the Dublin Regional Authority to transfer to the new Authority. Based on section 103 of DTA Act 2008.

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Head 118 Transfer of rights and liabilities

All rights and liabilities held, enjoyed, or incurred by virtue of any contract or commitment (expressed or implied) entered into by the Dublin Regional Authority shall, on the dissolution day, subject where necessary to transfer in the books of any bank, corporation or company, stand transferred to the Authority.

Note: This Head provides for all rights and liabilities of the Dublin Regional Authority to transfer to the new Authority. Based on section 104 of DTA Act 2008.

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Head 119 Preservation of existing contracts

(1) Every bond, guarantee or other security of a continuing character made or given by the Dublin Regional Authority to another person or by any person to the Dublin Regional Authority and in force immediately before the dissolution day and every contract or agreement in writing made between the Dublin Regional Authority and any other person and not fully executed and completed before the dissolution day shall, notwithstanding the dissolution of the Dublin Regional Authority, continue in force on and after the dissolution day but shall be construed and have effect as if the Authority was substituted therein for the Dublin Regional Authority.

(2) Every other document granted or made by the Dublin Regional Authority which is in force immediately before the dissolution day shall continue in force on and after that day as if it had been granted or made by the Authority and shall be construed and have effect and be enforceable by or against the Authority.

Note: 245

This provision protects all existing contracts etc of the Dublin Regional Authority and transfers them to the new Authority. Based on section 105 of DTA Act 2008

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Head 120 Continuance of legal proceedings

In all legal proceedings to which the Dublin Regional Authority was a party and pending immediately before the dissolution day, the name of the Authority shall be substituted in the proceedings for the Dublin Regional Authority and the proceedings shall not abate by reason of such substitution.

Note: This Head ensures continuance of any legal proceedings with the Dublin Regional Authority may be involved in and the substitution of the Authority in the case of any such proceedings. See section 106 of DTA Act 2008

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Head 121 References in legislation to Dublin Regional Authority

(1) References to the Dublin Regional Authority contained, immediately before the establishment day, in any statute or statutory instrument made under statute or in the memorandum or articles of association of any company shall, in so far as they relate to anything transferred by this Act be read on and after that day as references to the Authority.

(2) References to a regional authority, within the meaning of the 1993 Order, contained, immediately before the establishment day, in any statute or statutory instrument made under statute or in the memorandum or articles of association of any company shall, in the case of the Dublin Regional Authority, in so far as they relate to anything transferred by this Act be read on and after that day as references to the Authority.

(3)Subheads (1) and (2) shall not apply where any statute or statutory instrument referred to in those subheads are in conflict with any provision of this Act. Note: The purpose this Head is to ensure that any existing references in statute and regulation to the Dublin Regional Authority are considered to be references to the Authority. 248

Subhead (1) is based on section 107 of the DTA Act 2008, save that the reference to the dissolution day is substituted by reference to the “establishment day”. Subhead (2) recognises that, unlike the case of DTO, existing instruments more commonly refer to “regional authorities” in a general way rather than to individual regional authorities and therefore, where appropriate, the references should be to the Authority in the case of Dublin. Subhead (3) provides that the earlier subheads do not apply where that could cause conflict with the provisions of the Bill. For example, the operation of the Regional Planning Guideline functions set out in the Planning and Development Act 2000 (as amended) will be altered directly by this Bill.

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Head 122 Final accounts

(1) Final accounts in respect of the Dublin Regional Authority shall be drawn up.

(2) Notwithstanding Head 116 the 1993 Order continues in force and has effect in relation to accounts drawn up under subsection (1).

Note: This Head provides for final accounts of the Dublin Regional Authority to be drawn up. Based on section 108 of DTA Act 2008.

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Head 123 Admissibility of evidence

(1) All books and other documents directed or authorised by or under any enactment to be kept by the Dublin Regional Authority and which, immediately before the dissolution day, would be receivable in evidence shall, notwithstanding the dissolution of the Dublin Regional Authority, be admitted in evidence on or after the dissolution day as if this Part had not been enacted.

(2) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any enactment to be kept by the Dublin Regional Authority would, if verified in a particular manner by a particular officer of that body, have been admissible immediately before the dissolution day as evidence of those contents, an extract from or certificate of the contents of that book or document shall, if verified in such particular manner by an officer of the Authority (whose official position it shall not be necessary to prove) authorised by the Authority in that behalf, be admitted, on or after the dissolution day, as evidence of such contents to the same extent as such first-mentioned extract or certificate would have been so admitted if this Part had not been enacted.

(3) A copy of or extract from any document referred to in subsection (1) produced by the Authority and certified to be a true copy under the hand of an officer of that Authority (whose official position it shall not be necessary to prove) authorised by the Authority for that purpose shall in all legal proceedings be admissible in evidence as of equal validity with the original

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document and no process for compelling the production of any such document by the Authority shall issue from any court except with the leave of that court.

Note: This Head ensures that relevant documents of the Dublin Regional Authority will continue to be valid notwithstanding the dissolution of the Authority. Based on section 109 of DTA Act.

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Head 124 Transfer of staffing services to Dublin Regional Authority

Where the Dublin Regional Authority made arrangements under article 17(2)(d) of the 1993 Order in relation to the use of facilities or services, including the services of staff, such arrangements that are in force immediately before the establishment day, shall continue in force in relation to the Authority until otherwise amended or revoked by it.

Note: The Dublin Regional Authority established under the 1993 Order, had no power to employ its own staff, but relied on local authority staff seconded to it under Article 17(2)(d). This provision seeks to continue those arrangements.

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PART 7

CHANGING OF PLACENAMES AND DISPLAY OF NAMES OF STREETS ETC.

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Head 125 Amendment of Principal Act

(2) The Principal Act is amended by substituting the following for Part 18:

Notes: Part 18 of the 2001 Act is replaced in order to give effect to the government’s decision in relation to An Daingean and the more general issue of placename changes.

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“Part 18 Changing of Placenames and Display of Names of Streets Etc. Interpretation

188. —In this Part— “functional area” means as respects— (a) a city council, the city, (b) a county council, the county exclusive of any town which has a town council situated in it, (c) a town council, the town;

“locality” means any area which is a portion of a county, city or town (or any combination of them) for which a separate name is in common use, and where such portion is not a town, townland, non-municipal town or street;

“placename” includes the name of any county, city, town, village, barony, parish, townland, street or locality, or of any territorial feature (whether natural or artificial), district, region or place, as shown in the maps of Ordnance Survey Ireland;

“qualified electors” means every person who in relation to the place to which the placename refers, or the street to which the name of the street refers, as the case may be, is registered as a local government elector in the register of electors for the time being in force; 256

“street” includes part of a street and also the whole or part of any road, square, lane or other public place by whatever name known.

Notes: Largely taken from s.188 of the LG Act 2001, excepting that the definition of “placename” from the Official Languages Act 2003 has been inserted. The title of Part 18 is being changed from “Changing of Names of Areas and Display of Names of Streets Etc.” to “Changing of Placenames and Display of Names of Streets etc.” for clarity The definition of ‘placename’ is drawn from s.31 of the Official Languages Act 2003. The provision in the 2001 Act also provided voting rights to persons on the register as well as every person, “also not being so registered, is the rated occupier of a hereditament other than a hereditament the valuation of which attracts an allowance equal to full abatement of rates under section 3 of the Local Government (Financial Provisions) Act, 1978.” In other words ratepayers in addition to natural persons were entitled to vote. This provision has been omitted as (i) it suggests 2 classes of voter (residents and rate payers), (ii) it is contrary to electoral norms, and (iii) it has given rise to interpretation issues during placename plebiscites in the past.

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Changing of placename 189. — (1) A local authority may by resolution, for which at least one-half of the total number of members of the council vote in favour, adopt a proposal to change a placename to a proposed new name, provided that —

(a) the place to which the placename refers is situated wholly within the functional area of the local authority, or

(b) in the case of a town council the proposed name refers to the name of the town.

(2) The area of the place to which the proposal referred to in subhead (1) relates shall be described in that proposal whether by reference to a map or otherwise.

(3) Save as provided for in subhead (4) a proposal to change a placename shall specify the proposed Irish and English language versions of the placename.

(4) A proposal under subhead (1) may specify that the Irish language version only of a placename shall be the placename version as and from the date the change comes into operation.

(5) Where a local authority adopts a proposal under this head it shall—

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(a) notify such persons as may be prescribed by regulations made by the Minister of the proposal and such persons shall be entitled to make submissions in writing to the council within a period of 2 months from the date of the notification, and

(b) publish a public notice of the proposal inviting submissions with regard to it from any person concerned within a period of 2 months from the date of the public notice, and

(c) consider any submissions received.

(6) Following compliance with subhead (5), the local authority may by resolution, for which at least one-half of the total number of members of the council vote in favour, decide—

(a) to proceed with the proposal (in this section referred to as the “original proposal”) in accordance with the resolution under subhead (1), or

(b) to proceed with a proposal (in this section referred to as the “amended proposal”) to change the placename to such other name as it considers appropriate, or

(c) not to proceed with the original proposal.

(7) Where the local authority has made a decision under paragraph (a) or (b) of subhead (6), the local authority shall seek, by secret ballot, in accordance with regulations made by the Minister under Head 5, the consent of the majority of the qualified electors in the place to 259

which the placename refers to the proposed new name as set out in the original proposal or amended proposal as the case may be.

(8) (a) Where a majority of the qualified electors consent to the proposed new name the Cathaoirleach of the local authority concerned shall make a declaration confirming such consent and specifying the new placename and the date on which, in accordance with paragraph (b), it comes into operation.

(b) A proposal confirmed by declaration under this subsection shall come into operation —

(i) on the 1st day of January next following the date of such declaration where the interval between the date of the declaration concerned and the 1st day of January is not less than 3 months, or (ii) in any other case, on the first anniversary of the said 1st day of January.

(c) Every declaration made under this subsection shall be published in the manner prescribed by regulations made by the Minister under section 192 and shall be notified to such persons as may be so prescribed.

(d) Every declaration under this subsection shall be published in the Iris Oifigiúil, as soon as possible after its making.

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(9) Section 192 applies to this section, as appropriate. Notes: This Section now provides that the changing of placename provisions are contained within one section, as opposed to the four sections of the 2001 Act. The 2001 Act provided specific sections for changing (i) the name of a town, (ii) the name of a townland or non-municipal town, (iii) the name of a street, and (iv) the name of a locality. Subheads (1), (2) and (5) to (9) taken from s.189 of the LG Act 2001 – subhead (1) has been amended in view of the adoption of a unified process and to allow that a town council may propose the changing of the name of the town irrespective of whether the geographic boundaries of the town are beyond the functional area of the town. Subhead (3) is new text, inserted to clarify the official language which a proposal is in respect of. Subhead (7) “by secret ballot” inserted.

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Changing of placename or name of street situated in more than one local authority area

190. — (1) Where a place to which a placename refers is situated in the functional area of more than one local authority, one of the authorities concerned, may by resolution for which at least one-half of the total number of members of that council vote in favour, adopt a proposal to change the placename to a proposed new name.

(2) The area of the place to which the proposal referred to in subsection (1) relates shall be described in that proposal whether by reference to a map or otherwise.

(3) Before the local authority concerned adopts a proposal under subsection (1) it shall have acquired the consent of the other relevant local authority to that proposal by way of resolution, for which at least one-half of the total number of members of that council vote in favour.

(4) Section 189, other than subsection (1), applies to the adoption of a proposal to change the name of a place situated in more than one local authority, subject to such modifications or adaptations as are necessary.

Notes: This Head deals with a situation where a place is found within the functional area of more than one local authority. Head based on section 191 of the Local Government Act 2001.

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An Daingean

191. — (1) The names of the-

(a) Townland, Civil Parish and Electoral Division declared as An Daingean in the Placenames (Ceantair Ghaeltachta) Order 2004 , and

(b) the non-municipal town of An Daingean,

shall, from the date of commencement of this section, be Daingean Uí Chúis in the Irish language, and Dingle in the English language, and shall be regarded as a change of name under this Part.

Notes: This Head provides explicitly for the Irish version of An Daingean to be Daingean Uí Chúis and for the English version of the name to be Dingle. These versions of the name will supersede the version set out in the 2004 Placenames Order. (1) The text “shall be regarded as a change of name under this Part” is included to ensure that the savers of Section 192 apply in respect of this section.

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General provisions relating to change of names

192. — (1) The consideration of submissions received under this Part is a reserved function.

(2) Where a change of name is made under this Part then, on and from the date on which the proposal comes into operation, every reference in any instrument, document or map to the previous version or versions of the name shall be read as a reference to the new version or versions of the name.

(3) A change of name under this Part does not affect any rights or obligations of any authority or person or make defective any legal proceedings, and any legal proceedings may be continued or commenced as if there were no change of name.

(4) A local authority shall give due regard to local and indigenous traditions in the development of any proposal for the change of a name under this Part.

(5) (a) The Minister may by regulations make provision in respect of the change of a placename.

(b) Without prejudice to the generality of paragraph (a), regulations under this section may, in particular include provision in respect of—

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(i) the prescribed persons for the purposes of this Part, (ii) the procedures to be followed in conducting a secret ballot for the purposes of section 189, (iii) the publication of a notice of making of a declaration under this Part, (iv) the arrangements for sharing of costs between authorities in respect of Section 190, and any other necessary joint arrangements as may be appropriate, (v) the publication of a public notice and the notification of specified persons of any proposal under section 189 and consideration of submissions received.

(6) A local authority may make a proposal under section 189 in relation to a placename in a Gaeltacht area in respect of which a declaration under Part 5 of the Official Languages Act 2003 is in force and any change of name made under this Part shall supersede any such declaration

(7) A declaration under subsection 32(1) of the Official Languages Act 2003 may not be made in relation to a place in a Gaeltacht area in respect of which a declaration under section 189 of the Local Government Bill 2009 is in force.

Notes: This Head sets out a number of general provisions in relation to the changing of placename and is based on section 196 of the LG Act 2001, excepting subhead (6) and (7). Subhead (2) altered to reflect that versions of the placename exist in Irish and English. Subhead (6) provides that a Placenames Order under the Official Languages Act 2003 does not prevent future changes to a placename using the provisions of the Local Government Acts.

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Subhead (7) provides that a Placenames Order under the Official Languages Act may not be made where a name has been changed under this Act. This provision is based on section 32(2) of the Official Languages Act 2003.

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Display of name of street, etc.

193. —A local authority may cause the name of a street, place or area to be displayed on a conspicuous part of any convenient building, or other structure or land.”

Notes: This is a restatement of section 197 of the 2001 Act.

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PART 8

MISCELLANEOUS

268

Head 126 Immunity etc. for complainants

The Principal Act is hereby amended by the insertion of the following section after section 179:

“179A (1) Where a person ("the complainant")— (a) in good faith communicates, in writing or otherwise, with an Ethics Registrar, manager or Cathaoirleach regarding a possible contravention of Part 15 of the Local Government Act 2001, and (b) reasonably believes that the communication has been made to the appropriate person and is one that falls to be considered under Part 15, no cause of action shall lie against the person, and no disciplinary action shall be taken against him or her, in respect of any matter arising from— (i) the communication, (ii) the furnishing of information to an ethics registrar, a manager or Cathaoirleach in relation to the communication, (iii) the performance by the an ethics registrar, manager or Cathaoirleach of a function of his or hers under Part 15 in relation to the communication.

(2)

(a)

Subsection (1) does not apply to a complainant who makes a communication referred to in that subsection knowing it to be false, misleading, frivolous or vexatious or who

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furnishes information to the an ethics registrar, manager or Cathaoirleach that he or she knows to be false or misleading.

(b) A person who makes a communication or furnishes information referred to in paragraph (a) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(3)

Where an employer dismisses an employee to whom the Unfair Dismissals Act, 1977, applies and the dismissal constitutes disciplinary action taken in contravention of subsection (1) in relation to the employee, the dismissal is a dismissal deemed for the purposes of that Act, by virtue of section 6(2)(f) thereof, to be an unfair dismissal.

(4)

A person who takes disciplinary action in contravention of subsection (1) in relation to another person shall be guilty of an offence and shall be liable— (a) (b) on summary conviction, to a fine not exceeding €1,500, on conviction on indictment, to a fine not exceeding €50,000.

(5)

(a)

In this section "disciplinary action" means an act— (i) that is done in relation to a complainant, whether as respects the employment of the complainant or otherwise, and (ii) that is wholly or mainly intended as punishment or retaliation for the communication concerned, a matter referred to in subsection (1) or an action referred to in paragraph (ii) or (iii) of that subsection. 270

(b)

Where an act referred to in paragraph (a) is done by a person acting at the instigation, or on behalf, of the person the subject of a communication referred to in subsection (1), both of those persons shall be deemed, for the purposes of subsection (4), to have taken disciplinary action in contravention of subsection (1) in relation to the complainant.

(c)

In paragraph (a) the reference to the doing of an act includes a reference to the making of an omission.”

Notes: This Head provides protection for “whistle blowers” and is largely based on s.5 of the Standards in Public Offices Act 2001. References to “Commission, a Committee or a Clerk”, found in the SIPO Act 2005, have been replaced with “ethics registrar, manager, or Cathaoirleach.” References to “complaint” have been replaced with “communication.” (1) Subhead (1) is based on s.5(1); “regarding a possible contravention of Part 15 of the Local Government Act 2001” is new text. Part 15 of the Local Government Act 2001 provides for the Ethical Framework for the Local Government Service. “Part 15” of 179A(1)(b)(iii) replaces “this Act or the Principal Act” (i.e. the SIPO Act 2001 or the Ethics in Public Office Act 1995). (2) Subhead (2) is based on s.5(2). (2)(a) is new text, to make it an offence to communicate or furnish information which is false, misleading, frivolous or vexatious. (3) Subhead (3) is based on s.5(3). (4) Subhead (4) is based on s.5(4). ‘£’s have been substituted with ‘€’s. (5) Subhead (5) is based on s.5(5).

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SCHEDULE 1 Meetings and proceedings of the Authority Head 17

1.

(1) A meeting of the Authority shall be held as soon as may be after each appointment of the members of the Authority in accordance with Head 15.

(2)

The Authority shall hold such other meetings as may be necessary for the performance of it functions.

2.

The quorum for a meeting of the Authority shall be one quarter of the membership of the Authority or where one quarter of the membership is not a whole number, the next highest whole number.

3.

The proceedings of the Authority shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointments to the authority.

4.

(1) The Mayor may call a meeting of the Authority.

(2)If the Mayor refuses to call a meeting of the Authority, after a requisition for that purpose, signed by one quarter of the members of the Authority (or where one quarter is

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not a whole number, the next highest whole number) has been presented to the Mayor, any such number of members of the Authority may forthwith call a meeting.

(3)If the Mayor (without so refusing) does not, within seven days after the presentation of the requisition referred to in Article 4(2), call a meeting of the Authority, any such number of members of the Authority may, on the expiration of those seven days, call a meeting of the Authority.

5.

(1) Three clear days at least before any meeting of the Authority a summons to attend the meeting, specifying the place, date and time of the meeting and the business proposed to be transacted thereat, signed by the meetings convenor, shall be sent or delivered to every member of the Authority, but non-receipt of such summons by a member or some of the members of the Authority shall not affect the validity of a meeting.

(2) The Authority shall make such arrangements as it considers appropriate to give public notice of each meeting of the Authority, including the time and place of the meeting.

6.

At a meeting of the Authority—

(a) the Mayor shall, if present, chair the meeting,

(b) in the absence of the Mayor, the Deputy Mayor shall, if present, chair the meeting.

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7. (1) Minutes of the proceedings at a meeting of the Authority shall be drawn up by the meetings convenor and shall be signed by the Mayor, or person who chaired the meeting or chaired the next ensuing meeting, and shall be retained in the custody of the meetings convenor.

(2) The names of the members of the Authority present at a meeting of the Authority shall be recorded in the minutes of the proceedings of the meeting.

(3) The names of the members of the Authority voting on any question arising at a meeting of an authority shall be recorded in the minutes of the proceedings of the meeting and the record shall show which members voted for and which against the question.

8. Save is as otherwise provided in this Act, all acts of the Authority and all questions coming or arising before the Authority may be done and decided by the majority of such members of the Authority as are present and vote at a meeting of the Authority.

9. In case of an equality of votes on any question arising at a meeting of the Authority (except as is otherwise provided for in this Act) the Mayor, or other person chairing the meeting, as the case may be, shall have a second or casting vote.

10. (1) The Authority shall, subject to this Act, make standing orders for the regulations of its meetings and proceedings, which may include all such incidental, consequential or supplementary provisions as may appear to the Authority to be appropriate for that purpose. 274

(2) The Authority may amend or revoke standing orders and make new standing orders. (3) Standing orders made by the Authority may include provisions to regulate the proceedings and business of committees established by the Authority, as it may consider appropriate. (4) Subject to sub-article (3), a committee may regulate its own business and proceedings by way of its own standing orders or otherwise.

Notes: This Schedule provides for the procedures for meetings of the Authority. It is based on Articles 18 to 27 of 1993 Regulations. Article 19 of the 1993 Regulations, in respect of Standing Orders, has been expanded by Article 10, to capture certain of the provisions of Article 16 of Schedule 10 of the LG Act 2001, while dispensing with Article 16’s prescriptive nature. Note that Head 34(5) (regarding the attendance of the public and media at meetings of the Authority) makes reference to standing orders. A fuller role has been given to the meetings convenor. Article 4 has been amended for clarity. Original Article 4(2) has been broken up into 4(2) and 4(3). There are more comprehensive procedural provisions applying to local authorities set out in Part 6 of the 2001 Act and in Schedule 10 of that Act. However, many of these provisions are extremely prescriptive and are not appropriate in this case.

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SCHEDULE 2 Enactments Repealed Head 4 PART 1 Acts Repealed Session and Chapter or Number and Year 1 No. 37 of 2001 Short Title 2 Local Government Act 2001 Extent of Repeal 3 Sections 188 to 197.

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SCHEDULE 3 Form of Ballot Paper Head 95 (Front of Paper) TREORACHA 1. 2. Scríobh an figiúr 1 sa bhosca le hais ghrianghraf an chéad iarrthóra is rogha leat, scríobh an figiúr 2 sa bhosca le hais ghrianghraf an iarrthóra do dhara rogha, agus mar sin de. Fill an páipéar ionas nach bhfeicfear do vóta. Taispeáin cúl an pháipéir don oifigeach ceannais, agus cuir sa bhosca ballóide é. INSTRUCTIONS 1. 2. Write 1 in the box beside the photograph of the candidate of your first choice, write 2 in the box beside the photograph of the candidate of your second choice, and so on. Fold the paper to conceal your vote. Show the back of the paper to the presiding officer and put it in the ballot box. DOYLE – LIBERAL SOCIALISTS
Emblem

(MARY DOYLE, of 10 High Street, Knockmore, Nurse.) LYNCH – URBAN PARTY
Emblem

(JANE ELLEN LYNCH, of 12 Main Street, Ardstown, Shopkeeper.) MURPHY (PATRICK MURPHY, of 12 Main Street, Ballyduff, Carpenter.)
Emblem

Ó BRIAIN — CUMANN NA SAORÁNACH (SÉAMUS Ó BRIAIN, as 10 An tSráid Ard, Carn Mór, Oide Scoile.) O'BRIEN — NON-PARTY (EAMON O'BRIEN, of 22 Wellclose Place, Knockbeg, Barrister.) 277

Emblem

O’BRIEN – THE INDEPENDENT PARTY
(ORLA O’BRIEN, of 103 Eaton Brae, Cahermore,

Solicitor.)
Emblem

O'CONNOR — NATIONAL LEAGUE
(CAROLINE O'CONNOR, of 7 Green Street,

Carnmore, Engineer.)
Emblem

THOMPSON — RURAL PARTY
(WILLIAM H. THOMPSON, of Dereen, Ballyglass,

Farmer.)

(Back of Paper) No. ……………………………………………………………………………. Election of Mayor for Dublin

(Back of counterfoil) Counterfoil No. ……………………………………………………………….

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SCHEDULE 4 Minor and Consequential Amendments Relating to Mayoral Elections Head 74

Minor and Consequential Amendments relating to Mayoral Elections. 1.—The Electoral Act 1992 is amended— (a) by the insertion in section 2 after the definition of “the Defence Forces” of the following: “ ‘Mayoral election’ means an election held under Part [ ] of the [Bill title] and any such reference shall be construed accordingly,”, (b) by the insertion in section 13(1) of “and mayoral elections” after “local elections”, (c) by the insertion in section 15(1A)(c) (inserted by section 6 of the Electoral (Amendment) Act 2001) of “, mayoral” after “local”, (d) in section 15A (inserted by section 76 of the Electoral Act 1997)— (i) by the insertion in subsection (4) of “or mayoral election” after “local election”, and (ii) by the insertion in subsection (5) of “, mayoral” after “European”, (e) in section 15B (inserted by section 76 of the Electoral Act 1997)— (i) by the insertion in subsection (4) of “or mayoral election” after “local election”, and (ii) by the insertion in subsection (5) of “, mayoral” after “European”, (f) in section 17 (1) by the insertion of “ or at a mayoral election in accordance with [special voters part of Bill]” after “(S.I No. 297 of 1995)”, (g) in section 25— (i) by the insertion of “or a mayoral election” after “local election” in each place where it occurs, and (ii) by the insertion of “or mayoral elections” after “local elections” in each place where it occurs,

(h) in section 25C(1) (inserted by section 11 of the Electoral (Amendment) Act 2001) by 279

the insertion of the following after paragraph (d): “(e) in the case of a mayoral election relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest a mayoral election, after the date of the making of the order of the Minister under [section of Bill re polling day order- Heads 72(2) and (4)].”, (i) by the insertion in section 28(1) of “, mayoral elections” after “European elections”, (j) in section 41— (i) by the insertion of “or” at the end of paragraph (k) and the insertion of the following after that paragraph: “(l) is a Mayor for Dublin under Part [ ] of [Bill title],”, (ii) by the insertion after “Dáil” where it last occurs of “and, in the case of paragraph (l), a person shall be disqualified for nomination for election as a member and the disqualification shall extend for 12 months after ceasing for any reason to hold that office.”, (k) by the insertion in section 164(1) of “, mayoral election under Part [ ] of the [Bill title] ” after “local elections” and in section 164(3) of [title of this Bill] after “Local Elections Acts , 1963 to 1992,”, (l) in section 165— (i) by the substitution in subsection (1) for paragraph (f) of the following: “(f) the poll at a local election; (g) the poll at a mayoral election under the [Bill title].”, and (ii) by the insertion in subsection (2) of “or mayoral election under the [Bill title]” after “local election” in paragraph (f), (m) in the Second Schedule— (i) by the substitution for paragraph (d) of Rule 6(1) of the following:

“(d) for a local electoral area — to each local authority member for that area; (e) for its part of the Dublin Region Electoral Area — to the Mayor for Dublin under the [Bill title].”, 280

(ii) by the substitution for paragraph (d) of Rule 13(4) of the following: “(d) for a local electoral area — to each local authority member for that area; (e) for its part of the Dublin Region Electoral Area — to the Mayor for Dublin under the [Bill title].”, (iii) in Rule 14— (I) by the deletion in paragraph (4)(a) of “and” in subparagraph (ii), the insertion of “and” after “local election,” in subparagraph (iii) and the insertion of the following after subparagraph (iii)— “(iv) each candidate duly nominated at a mayoral election,”, (II) by the insertion in paragraph (4)(c) of “or mayoral election” after “or a local election”, and (III) by the insertion in paragraph (5) of “or mayoral election” after “or a local election”. [2.—The Electoral Act 1997 is amended [NEED TO CONSIDER THESE AS PART OF OVERALL DONATIONS/SPENDING PROVISIONS FOR MAYOR – PART 19. THERE SEEM TO BE NO OTHER SUCH PROVISIONS IN THE 2001 LG ACT]— (a) in section 22(2)— (i) by the insertion in paragraph (b)(iii) of “or mayoral election” after “local election” in clauses (I) and (II) (inserted by section 5 of the Electoral (Amendment) Act 1998), and (ii) by the insertion in paragraph (c) of “or mayoral election” after “local election” in subparagraph (i) (inserted by section 5 of the Electoral (Amendment) Act 1998), and (b) by the insertion in section 24A(1) (inserted by section 7 of the Electoral (Amendment) Act 1998) of “or mayoral election” after “local election” in paragraph (a).] 3. The European Parliament Elections Act 1997 is amended in section 11(2) by(a) the insertion of “, or” at the end of paragraph (o), and

(b) the insertion of the following after that paragraph: “(p) is a Mayor for Dublin under Part [ ] of [Bill title], and such a person shall be disqualified for nomination for election as a representative [member ? – see s.5 of 281

European Parliament Elections (Amendment) Act 2004 ] and the disqualification shall extend for 12 months after ceasing for any reason to hold that office.”. 4.—The Litter Pollution Act 1997 is amended [CONSULT/INFORM ENVIRONMENT DIVISION]— (a) by the insertion in section 19(7)(c) (inserted by section 9 of the Electoral (Amendment) (No. 2) Act 2009) of “(v) a mayoral election within the meaning of the [Bill title]” after subparagraph (iv), and (b) by the insertion in section 21(3)(b) (inserted by section 57 of the Protection of the Environment Act 2003) of “a mayoral election within the meaning of the [Bill title],” after “Local Government Act 2001,”. 5.- The Electoral (Amendment) Act 2006 is amended in section 15(1)(b) by the insertion of “or mayoral” after “local”.

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SCHEDULE 5 Certificate of Political Affiliation Head 84 Deimhniú Comhaltais Pholaitíochta Certificate of Political Affiliation I/We hereby authenticate the candidature of ______________________________ ________________________________ _________________________________ ___ on behalf of the ___________________ ________________________________ Party for election to the office of Mayor for Dublin for the Dublin Region Electoral Area thar ceann Pháirtí___________________ _________________________________ sa toghchán comhaltaí de ___________ ________________________________ (ainm an údaráis áitiúil) do thoghlimistéar áitiúil ________________________________ ________________________________ Signature ________________________ Authorised Officer(s) Léigh na Treoracha ar an bhFoirm seo See Instructions on this Form Féadfar an leagan Gaeilge nó an leagan Béarla a usáid. Is ceart ainm, seoladh agus slí bheatha an iarrthóra sa deimhniú seo a bheith go díreach mar a bheidh siad ar an bpáipéar ainmniúcháin. 283 Síniú ___________________________ Oifigeach (Oifigigh) Údaraithe Fíordheimhním/fíordheimhnímid leis seo iarrthóireacht ________________________

Ní mór an deimhnú a bheith sínithe ag an oifigeach nó na hoifigigh den Pháirtí a bhfuil a ainm nó a n-ainmneacha I gClár na bPáirtithe Polaitíocha mar oifigeach nó oifigigh atá údaraithe chun deimhnithe a shíniú ag fíordheimhniú iarrthóireacht iarrthóirí den Pháirtí. The Irish or English version of the certificate may be used. The name, address and occupation of the candidate in this certificate should be the same as they will be in the nomination paper. The certificate should be signed by the officer or officers of the Party whose name or names appear in the Register of Political Parties as being authorised to sign certificates authenticating the candidature of the candidates of the Party.

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