Written answers
Tuesday, 6 December 2005
Department of Environment, Heritage and Local Government
Local Authority Procedures
9:00 pm
Michael Lowry (Tipperary North, Independent)
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Question 495: To ask the Minister for the Environment, Heritage and Local Government the circumstances under which a local authority must abide by a unanimous notice of motion passed by that same authority. [37604/05]
Dick Roche (Wicklow, Fianna Fail)
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Most acts of a local authority, which are reserved functions or questions duly coming or arising before a meeting of a local authority, are determined by way of simple majority of those present and voting or, where there is an equality of votes, with the chair having a second or casting vote. In certain specific instances, a particular weighted majority is required or a specified number of members must be present. There are no provisions requiring a unanimous vote of the elected members.
The Local Government Act 2001 provides that it is the duty of every manager to carry into effect all lawful directions of the elected council of a local authority or a joint body for which he or she is manager in regard to the exercise and performance of the reserved functions of the local authority or joint body.
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