Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024
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Recommendation of panel | ||
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62. (1) A panel shall, having had regard to the matters specified in subsection (2), make a preliminary recommendation in writing (in this Part referred to as a “preliminary recommendation”) setting out the following matters: | ||
(a) the opinion of the panel as to whether the requirements of this Part and the Principal Act (as modified by this Act), and any regulations made under this Part, have been complied with in relation to the passing of the removal resolution; | ||
(b) the opinion of the panel as to whether any of the grounds for removal specified in subsection (1) of section 56 exist; | ||
(c) a recommendation— | ||
(i) that a removal order be made by the Minister, or | ||
(ii) that a removal order not be made by the Minister; | ||
(d) in the case of a recommendation under subparagraph (i) of paragraph (c), the grounds for removal referred to in subsection (1) of section 56 upon which the recommendation is made; | ||
(e) such other recommendations (if any) as the panel considers appropriate in all the circumstances; | ||
(f) the reasons for the matters specified in paragraphs (a) to (e). | ||
(2) In making a preliminary recommendation, a panel shall have regard to— | ||
(a) the documentation specified in subparagraph (i) of paragraph (b) of subsection (6) of section 58 , | ||
(b) any statement of the Mayor delivered to it in accordance with section 60 , | ||
(c) any additional documentation and information provided to it under section 60 , and | ||
(d) the minutes of any interview held in accordance with section 61 . | ||
(3) Subject to subsection (5), the panel shall, not later than 21 days after its appointment, give notice of the preliminary recommendation (including the matters referred to in paragraphs (a) to (f) of subsection (1)) to the Mayor and the Príomh Chomhairleoir. | ||
(4) The Príomh Chomhairleoir shall, as soon as practicable after receipt of a notice under subsection (3), deliver a copy of the notice to the director general, who shall furnish a copy thereof to each member. | ||
(5) The Minister may, if he or she considers it is appropriate to do so, on the request of the panel made before the expiration of the period referred to in subsection (3), extend that period by such period as he or she considers necessary to enable the panel to carry out its functions. | ||
(6) A notice under subsection (3) shall include a statement that the Mayor, the Príomh Chomhairleoir, the director general or any member may, within 7 days of receipt of the notice (or copy thereof), provide observations to the panel on the preliminary recommendation. | ||
(7) The panel shall, not later than 14 days after giving notice under subsection (3), having considered any observations received in accordance with subsection (6), proceed to make a final recommendation in writing (in this Part referred to as a “final recommendation”) setting out the matters specified in paragraphs (a) to (f) of subsection (1). | ||
(8) A panel shall, as soon as practicable after making a final recommendation— | ||
(a) deliver the final recommendation to the Minister, and | ||
(b) deliver a copy of the final recommendation to— | ||
(i) the Mayor, and | ||
(ii) the Príomh Chomhairleoir. | ||
(9) The Príomh Chomhairleoir shall, as soon as practicable after receipt of a copy of a final recommendation, deliver a copy thereof to the director general, who shall furnish a copy thereof to each member. |