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LOCAL GOVERNMENT ACT 1993 - SECT 226 Dismissal of councillors

LOCAL GOVERNMENT ACT 1993 - SECT 226

Dismissal of councillors

(1)  Instead of making a direction to a council or councillor under section 225 (2) , the Minister may recommend that the Governor by order dismiss any councillor or all councillors if, in the opinion of the Minister–
(a) the failure of the councillor or council to perform any function has seriously affected the operation of the council; or
(b) the irregularity of the conduct of the councillor or council has seriously affected the operation of the council.
(1A)  In subsection (1)  –
operation of the council includes the performance and exercise of the council's functions and powers, the administrative operation of the council, the governance of the council and the decision making of the council.
(2)  If a councillor or council fails to comply with a direction under section 225 (2) within the specified period the Minister may recommend that the Governor by order dismiss the councillor or all councillors.
(2A)  On receipt of a recommendation by the Minister, the Governor, by order, may dismiss the councillor or all councillors.
(3)  An order for dismissal of a councillor or all councillors made by the Governor as a result of a recommendation by the Minister under this section may specify that the dismissal takes effect–
(a) on the date specified in the order; or
(b) on the happening of an event specified in the order.