PART IV

Cathaoirleach and Leas-Chathaoirleach

Cathaoirleach and Leas-Chathaoirleach.

25. —(1) There shall be a Cathaoirleach and Leas-Chathaoirleach of each local authority elected from amongst the members of the authority.

(2) (a) A local authority shall, subject to paragraph (b), from amongst its members at every annual meeting elect a Cathaoirleach and Leas-Chathaoirleach.

(b) A member of a local authority who is for the time being under the Standing Orders of either House of the Oireachtas entitled to sit therein, shall, subject to paragraph (c), while so entitled, be disqualified for being elected or for being a Cathaoirleach or Leas-Chathaoirleach of a local authority.

(c) Paragraph (b) shall have effect for the purposes of the election of a Cathaoirleach and Leas-Chathaoirleach following the local elections referred to in section 20 and thereafter and accordingly an order may not be made under section 3 (1) bringing that paragraph into operation as regards any member of a local authority prior to those elections.

(3) The Cathaoirleach and Leas-Chathaoirleach of—

(a) Dublin City Council and of Cork City Council shall each be known as the Lord Mayor or Deputy Lord Mayor as the case may be of that city,

(b) any other city council shall be known as the Mayor or Deputy Mayor of that city,

(c) any borough council shall be known as the Mayor or Deputy Mayor of the borough.

(4) Any reference in any other enactment to lord mayor, mayor, chairman, deputy lord mayor, deputy mayor or vice-chairman shall, where the context so requires, be construed as a reference to the Cathaoirleach or Leas-Chathaoirleach, as the case may be.

(5) Anything authorised or required by law to be done by, to or before the Cathaoirleach may be done by, to or before the Leas-Chathaoirleach of the authority.

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

(7) Where a casual vacancy occurs in the office of Cathaoirleach of a local authority, the Leas-Chathaoirleach shall assume the responsibilities of the office until the members of the authority elect a Cathaoirleach.

Method of election of Cathaoirleach.

26. —The election of a Cathaoirleach shall be carried out in accordance with and subject to such arrangements as may be prescribed for that purpose.

Term of office of Cathaoirleach or Leas-Chathaoirleach.

27. —(1) Subject to subsection (2), a member who holds the office of Cathaoirleach or Leas-Chathaoirleach shall, unless he or she becomes disqualified under section 25 (2) (b), or resigns under section 28 , hold that office from election until a successor is elected at the annual meeting of the local authority next after that member's election to that office save that in an election year notwithstanding subsection (2), the provisions of subsection (3) shall apply in respect of a Cathaoirleach.

(2) Save as is provided for in subsection (3), the Cathaoirleach or Leas-Chathaoirleach of a local authority shall, upon ceasing to be a member of the authority, cease to be Cathaoirleach or Leas-Chathaoirleach of the authority.

(3) In an election year a Cathaoirleach shall continue to hold that office during the period between the retirement (following the local elections) of the outgoing members and the commencement of the meeting at which a successor is elected to the office of Cathaoirleach unless he or she sooner dies or resigns from the office or becomes disqualified for local authority membership.

(4) An outgoing Cathaoirleach or Leas-Chathaoirleach shall, subject to the provisions of this Act, be eligible for re-election.

Resignation of Cathaoirleach or Leas-Chathaoirleach.

28. —The Cathaoirleach or the Leas-Chathaoirleach may, by notice in writing delivered to the principal offices of the local authority, resign from that office and the resultant vacancy shall occur on the day of receipt of such notice.

Casual vacancy in the office of Cathaoirleach or Leas-Chathaoirleach.

29. —(1) Where a casual vacancy occurs in the office of Cathaoirleach or Leas-Chathaoirleach of a local authority the members of the authority present at the meeting of the authority next after the occurrence of the vacancy, or, if that meeting is held within 14 days of the occurrence of the vacancy, at the next following meeting of the authority, shall elect one of their number to be Cathaoirleach or Leas-Chathaoirleach, as the case may be.

(2) Section 26 shall apply in relation to the election of a member to fill a casual vacancy in the office of Cathaoirleach.

(3) A person elected to fill a casual vacancy in the office of Cathaoirleach or Leas-Chathaoirleach shall be elected for the remainder of the term of office of his or her predecessor.

(4) Not less than three clear days' notice shall be given to each member of the local authority of a meeting to fill a casual vacancy pursuant to this section.