Local Government Act, 1936

JurisdictionIreland
CitationIR No. 46/1936


Number 46 of 1936.


LOCAL GOVERNMENT ACT, 1936.


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Amendment of section 7 of the Local Government Act, 1933.

3.

Pensionable service of certain servants of local authorities.

4.

Amendment of section 5 of the Local Government Act, 1933.

5.

Superannuation of certain officers of local authorities entering the Civil Service.

6.

Power to pay gratuities to certain former officers of local authorities.

7.

Expenses.

8.

Short title and citation.


Acts Referred to

Local Government Act, 1933

No. 5 of 1933

Local Government Act, 1925

No. 5 of 1925


Number 46 of 1936.


LOCAL GOVERNMENT ACT, 1936.


AN ACT TO MAKE SPECIAL PROVISION WITH RESPECT TO THE SUPERANNUATION OF PARTICULAR OFFICERS (INCLUDING PERSONS WHO WERE FORMERLY OFFICERS) AND SERVANTS OF LOCAL AUTHORITIES AND FOR THAT AND OTHER PURPOSES TO AMEND AND EXTEND THE LOCAL GOVERNMENT ACT, 1933 . [23rd November, 1936.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Definitions.

1.—(1) In this Act—

the expression “the Act of 1933” means the Local Government Act, 1933 (No. 5 of 1933);

the expression “the Minister” has the same meaning as it has in the Act of 1933.

(2) Every body which is a local authority for the purposes of the Act of 1933, and no other body, shall be a local authority for the purposes of this Act.

Amendment of section 7 of the Local Government Act, 1933.

2.—(1) Where a local authority resolved, before the passing of this Act, to pay under section 7 of the Act of 1933 a sum of money to any person or the personal representative of any person but such money was not so paid either because the period of six months mentioned in the said section 7 expired after the passing of such resolution and before such money was actually paid or because the said period of six months had expired before the passing of such resolution, then and in every such case it shall be lawful for such local authority within twelve months after the passing of this Act and with the sanction of the Minister, to pay such money to such person or such personal representative (as the case may be) in accordance with such resolution.

(2) Where a person applied, either on his own behalf or as personal representative of another person, to a local authority before the passing of this Act (whether before or after the expiration of the period of six months mentioned in section 7 of the Act of 1933) for payment under the said section 7 of a sum of money and no resolution for such payment of such money was passed by such local authority, then and in every such case it shall be lawful for such local authority, within twelve months after the passing of this Act and with the sanction of the Minister, to resolve to pay and to pay to such person (or his personal representative) or to such personal representative any sum of money which could lawfully have been paid to him under the said section 7 by such local authority within the period of six months mentioned in the said section 7.

(3) Where a person applies, either on his own behalf or as personal representative of another person, to a local authority within six months after the passing of this Act for payment under section 7 of the Act of 1933 of a sum of money, it shall be lawful for such local authority, within twelve months after the passing of this Act and with the sanction of the Minister, to resolve to pay and to pay to such person or to such personal representative (as the case may be) any sum of money which could lawfully have been paid to him under the said section 7 by such local authority within the period of six months mentioned in the said section 7.

(4) The provisions set out in sub-section (2) of section 7 of the Act of 1933 shall have effect in relation to or for the purposes of the foregoing sub-sections of this section, but with the modification that the expression “this section” wherever it occurs in the said provisions shall be construed as meaning this present section.

(5) Section 7 of the Act of 1933 is hereby amended, as from the passing of that Act, by the substitution in sub-section (1) of that section of the date “the 30th day of September, 1924,” for the date “the 30th day of April, 1923,” and all references in the foregoing sub-sections of this section to the said section 7 shall be construed and have effect as references to that section as amended by this sub-section.

Pensionable service of certain servants of local authorities.

3.Section 5 of the Act of 1933 shall apply and have effect in relation to servants of local authorities in pensionable employment in like manner as it applies to officers of local authorities but with the following modifications, that is to say:—

(a) the expression “servant in pensionable employment” shall be substituted for the word “officer” wherever that word occurs in the said section, and

(b) the expression “pensionable employment” shall be substituted for the...

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