General Scheme Local Government (Directly Elected Mayor with Executive Functions in Limerick City and County) Bill 2021 GENERAL SCHEME of Local Government (Directly Elected Mayor with Executive Functions in Limerick City & County) Bill 2021 Page 1 of 337 General Scheme Local Government (Directly Elected Mayor with Executive Functions in Limerick City and County) Bill 2021 PART ONE PRELIMINARY AND GENERAL Head 1. Short title and Collective Citation. Head 2. Definitions and interpretations. Head 3. Regulations Head 4. Commencement Head 5. Saver. Head 6. Expenses. PART TWO OFFICE OF DIRECTLY ELECTED MAYOR WITH EXECUTIVE FUNCTIONS CHAPTER 1 ESTABLISHMENT OF THE OFFICE Head 7. Establishment of the office of directly elected mayor. Head 8. Establishment day. Head 9. Term of office. Head 10. Alternative titles. Head 11. Cessation of the role of cathaoirleach. Head 12. Membership of the local authority. Head 13. Conflict of interest Head 14. Vacancies. Head 15. Retirement. Head 16. Resignation from office of directly elected mayor. Page 2 of 337 General Scheme Local Government (Directly Elected Mayor with Executive Functions in Limerick City and County) Bill 2021 Head 17. Disqualification. esser of holding of office of mayor. Head 19. Offence to act as mayor when disqualified. Head 20. Prohibition on multiple membership. Head 21. The mayor’s terms and conditions. Head 22: the mayor’s office CHAPTER 2 THE ROLE OF THE ELECTED COUNCIL Head 23. Position of príomh comhairleoir. Head 24. The príomh comhairleoir and council meetings Head 25. Oversight of the directly elected mayor. Head 26. Application of the ethical framework. CHAPTER 3 FUNCTIONS OF THE OFFICE Head 27. The mayor and reserved functions. Head 28. Mayoral executive functions. Head 29. Powers to carry out functions. Head 30. The mayor acting by signed order. Head 31. The mayor and the budget. Head 32. The mayor and the municipal districts. Head 33. The mayor and local authority committees. Head 34. Mayoral programme for local government in Limerick. Head 35. Review of functions. Page 3 of 337 General Scheme Local Government (Directly Elected Mayor with Executive Functions in Limerick City and County) Bill 2021 CHAPTER 4 PLANNING AND DEVELOPMENT Head 36 Directly elected mayor implementation forum. Head 37. The functions of the forum. Head 38. Limerick PI2040 city delivery board. Head 39. Functions of the Limerick PI2040 city delivery board Head 40. The mayor and rural Limerick Head 41. Planning and development. Head 42. Entitlement to convene and consult. PART THREE DIRECTOR GENERAL CHAPTER 1 the establishment of the office of director general. Head 43 Establishment of the position of director general. Head 44. Deputy Director General: CHAPTER 2 Duties of the director general. Head 45. Duties of the director general. Head 46. The director general and mayoral executive functions Head 47. Specified functions Head 48. The Director General and Specified functions Head 49. The Director General as accounting officer. Head 50. Director General acting by signed order Head 51. Attendance at local authority meetings. Page 4 of 337 General Scheme Local Government (Directly Elected Mayor with Executive Functions in Limerick City and County) Bill 2021 PART FOUR REMOVAL OF THE DIRECTLY ELECTED MAYOR. Head 52. Removal of a directly elected mayor with executive functions. Head 53. Initiation of a removal procedure. Head 54. Procedure following a successful council motion to remove a directly elected mayor with executive functions. PART FIVE PLEBISCITES ON DIRECT ELECTION OF MAYORS IN OTHER ADMINISTRATIVE AREAS. Head 55 Interpretation. Head 56 Plebiscite. Head 57 Regulations. Head 58 Electoral offences. Head 59 Persons entitled to vote at a plebiscite. Head 60 Report to Houses of Oireachtas. Head 61 Costs of holding plebiscites. PART 6 Election of Mayor CHAPTER 1 - Preliminary and General Head 62 - Interpretation. Head 63 - Forms. Head 64 - Eligibility for office of Mayor. Page 5 of 337 General Scheme Local Government (Directly Elected Mayor with Executive Functions in Limerick City and County) Bill 2021 Head 65 - Limerick City and County Electoral Area. Head 66 - Right to vote at mayoral elections. Head 67 - Day and time of mayoral election. Head 68 - Conduct of election. CHAPTER 2 - Returning Officer Head 69 - Returning officer. Head 70 - General duty of returning officer. Head 71 - Deputy returning officers. Head 72 - Expenses of returning officer. Head 73 - Mutual assistance. CHAPTER 3 - Manner of Voting Head 74 - Manner of voting. CHAPTER 4 - Nominations Head 75 - Notice of election. Head 76 - Register of political parties. Head 77 - Necessity for nomination. Head 78 – Nomination of candidates. Head 79 – Deposit by certain candidates. Head 80 – Return or disposal of deposit. Head 81 – Time for receiving nominations. Head 82– Delivery of nomination papers. Page 6 of 337 General Scheme Local Government (Directly Elected Mayor with Executive Functions in Limerick City and County) Bill 2021 Head 83 - Selection of nomination papers. Head 84 - Ruling on validity of nomination papers. Head 85 – Publication of nominations. Head 86 – Withdrawal of candidature. Head 87 – Publication of withdrawal. Head 88 – Obstruction of nominations. Head 89 – Procedure after nominations. CHAPTER 5 - Agents of Candidates Head 90 – Appointment of agents. Head 91 – General provisions as to agents. Head 92- Officers not to act as agents of candidates, further candidature etc. CHAPTER 6 - Death of a Candidate Head 93 - Death of a candidate. CHAPTER 7 - Postal Voting Head 94 - Postal voting. CHAPTER 8 - Voting by Special Voters Head 95 - Voting by special voters. CHAPTER 9 - Arrangements for the Poll Head 96 - Notice of poll. Head 97 - Ballot papers. Head 98 - The official mark. Page 7 of 337 General Scheme Local Government (Directly Elected Mayor with Executive Functions in Limerick City and County) Bill 2021 Head 99 - Application of certain provisions of Part X of the Regulations of 1995. Head 100 - Polling information cards. CHAPTER 10 - The Poll Head 101 - Application of certain provisions of Part XI of the Regulations of 1995. CHAPTER 11 - Arrangements for the Counting of the Votes Head 102 - Time and place for counting of votes. Head 103 - Attendance at counting of votes. Head 104 - Preliminary proceedings. Head 105 - Times for counting of votes. Head 106 - Conduct of counting of votes. Head 107 - Handling of ballot papers by candidates or agents. CHAPTER 12 - Rules for the Counting of the Votes Head 108 - Definitions. Head 109 - Invalid ballot papers. Head 110 - First count. Head 111 - Quota. Head 112 - Exclusion of candidate. Head 113 - Recount. Head 114 - Declaration of result of poll. Head 115 - Return of person elected. Head 116 - Decision of returning officer. Page 8 of 337 General Scheme Local Government (Directly Elected Mayor with Executive Functions in Limerick City and County) Bill 2021 CHAPTER 13 - Retention, Inspection and Disposal of Documents Head 117 - Retention and disposal of documents by returning officer. Head 118 - Inspection of ballot papers. Head 119 - Inspection of certain other documents. CHAPTER 14 – Electoral Offences Head 120 - Personation. Head 121 - Bribery. Head 122 - Undue influence. Head 123 - Breach of secrecy. Head 124- Offences relating to ballot boxes, ballot papers, nomination papers, certificates of political affiliation, official marks, etc. Head 125 - Disorderly conduct at election meeting. Head 126 - Omission of name and address of printer and publisher from election documents. Head 127 - Nominating or withdrawing a candidate without consent. Head 128 - Forged certificate of political affiliation. Head 129 - False declaration on nomination paper. Head 130 - Officer acting as agent of candidate or furthering a candidature. Head 131 - Obstruction of nomination or poll. Head 132 - Damages for breach of duty by officers, etc. Head 133 - Interference with or destruction of postal ballot papers. Head 134 - Obstruction of or interference with electors. Page 9 of 337 General Scheme Local Government (Directly Elected Mayor with Executive Functions in Limerick City and County) Bill 2021 Head 135 - Personation agent leaving polling station without permission. Head 136- Prohibition on voting by person registered as elector when not entitled to be so registered. Head 137 - Unlawful marking of ballot papers by person acting as companion. Head 138 - False statement of withdrawal or death of a candidate. Head 139 - Misleading statement as to process of voting. Head 140- Handling of ballot papers by candidate or agent. Head 141 - Unauthorised inspection of documents. Head 142 - Corrupt withdrawal of petition. Head 143 - Limitation of time for prosecution of offence. Head 144 – Penalties. Head 145 - Compensation where certain charge is unjustly made or not prosecuted. Head 146 - Certificate of returning officer to be prima facie evidence. CHAPTER 15 – Spending and donations Head 147 - Insertion of Part X in Electoral Act 1997. CHAPTER 16 Head 148 - Interpretation (Chapter 16). Head 149- Questioning a mayoral election. Head 150 - Presenting of petition. Head 151 - Security for costs. Head 152 - Particulars in petition. Page 10 of 337 General Scheme Local Government (Directly Elected Mayor with Executive Functions in Limerick City and County) Bill 2021 Head 153 - Grounds for petition. Head 154 - Trial of petition. Head 155 - Counting of votes afresh. Head 156 - Statement of case to Supreme Court. Head 157 - Matters relating to final order on trial of petition. Head 158 - Appeal to Supreme