S.I. No. 235/2014 - Local Government (Representational Payment For Members) (Amendment) Regulations 2014.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd June, 2014.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government in exercise of the powers conferred on me by sections 4 and 142 (as amended by section 53 of the Local Government Reform Act 2014 (No.1 of 2014)) of the Local Government Act 2001 (No. 37 of 2001) (as adapted by the Environment, Heritage and Local Government (Alteration of Name and Title of Minister) Order 2011 ( S.I. No. 193 of 2011 )) and with the consent of the Minister for Public Expenditure and Reform (pursuant to the Ministers and Secretaries (Amendment) Act 2011 (No. 10 of 2011)) hereby make the following regulations:

1. These Regulations may be cited as the Local Government (Representational Payment For Members) (Amendment) Regulations 2014.

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

“the Act” means the Local Government Act 2001 (No. 37 of 2001);

“the 2001 Regulations” means the Local Government (Representational Payment For Members) Regulations 2001 ( S.I. No. 552 of 2001 ).

(2) In these Regulations a reference to—

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

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

(3) In these Regulations a reference to—

(a) any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.

(b) a matter as being in accordance with or subject to or provided for in these Regulations or any provisions thereof shall be construed as including a reference to such matter being in accordance with or subject to or provided for in directions given under these Regulations.

Commencement.

3. These Regulations shall come into operation on the 1st June 2014.

Amendment to Regulation 8 of 2001 Regulations (Register of Payments).

4. Regulation 8(2) of the 2001 Regulations is amended—

(a) by inserting after paragraph 2(a)—

“(aa) a record of attendance at meetings of municipal district members and of committees of municipal district members of which the person is a member;”, and

(b) by substituting—

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

for

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

Amendment to Regulation 10 of 2001 Regulations (Directions by Minister).

5. Regulation 10(2)(a) of the 2001 Regulations is amended by substituting—

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

for

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

GIVEN under the Official Seal of the Minister for the Environment, Community and Local Government,

29 May 2014.

PHIL HOGAN,

Minister for the Environment, Community and Local Government.

The Minister for Public Expenditure and Reform hereby consents to the Local Government (Representational Payments for Members) (Amendment) Regulations 2014.

GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

29 May 2014.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

EXPLANATORY NOTE

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

These Regulations provide amendments to the Local Government (Representational Payment For Members) Regulations 2001 ( S.I. No. 552 of 2001 ) to extend the requirement to record details of elected members’ attendance at meetings to attendance at meetings of municipal district members and committees of municipal district members, and at training events, and to extend the Minister’s powers of direction in relation to non attendance at meetings to include non attendance at meetings of municipal district members and committees of municipal district members.