Local Government (Officers) Regulations, 1943

• Jurisdiction: Ireland
• Citation: IR SI 161/1943
• Year: 1943

STATUTORY RULES AND ORDERS. 1943. No. 161.
LOCAL GOVERNMENT (OFFICERS) REGULATIONS, 1943.
ARRANGEMENT OF ARTICLES.
1. Short Title.
2. Commencement.
3. Definitions.
4. Submission of the officers' scheme.
5. Confirmation of the officers' scheme.
6. Coming into force of the officers' scheme.
7. Amendment of the officers' scheme.
8. Kind and number of officers to be appointed by a local authority.
9. Major offices.
10. Performance of duties in person.
11. Remuneration of officers.
12. Payment of annual salary.
13. Periodical increments.
14. Existing officers in receipt of fixed travelling allowances.
15. Journeys in respect of which travelling expenses are payable.
16. Expenses of conveyance.
17. Subsistence and day allowances.
18. Claims, etc., for travelling expenses.
19. Hours of attendance.
20. Grant of sick leave.
21. Payment of salary during sick leave.
22. Leave other than sick leave.
23. Manager's leave.
24. Substitute officers.
25. Security against fraud or embezzlement.
26. Appointments to offices to which the Act of 1926 does not apply.
27. Appointments from a panel.
28. Promotion, etc.
29. Appointments to services, etc., supervised by organisations.
30. Temporary appointments.
31. Removal from office by the local authority.
32. Tenure of office.
33. Report of marriage of female officer.
34. Report of an officer's reaching the age limit.
35. Manner of appeal by an officer to the Minister.
36. Revocations.
SCHEDULE.
MAJOR OFFICERS.
STATUTORY RULES AND ORDERS.
1943. No. 161.
LOCAL GOVERNMENT (OFFICERS) REGULATIONS, 1943.
The Minister for Local Government and Public Health in exercise of the powers conferred on him by Part II of the Local Government Act, 1941 , and in exercise of every other power enabling him in that behalf, hereby orders as follows, that is to say :—
	1 Short title.	1. These regulations may be cited as the Local Government (Officers) Regulations, 1943.
	2 Commencement.	2. These regulations shall come into force on the 1st day of February, 1944.
	3 Definitions.	3. In this order the following expressions shall have the meanings hereby assigned to them, that is to say :—
" the Act " means the Local Government Act, 1941 ;
" the Act of 1926 " means the Local Authorities (Officers and Employees) Act, 1926 ;
" the Minister " means the Minister for Local Government and Public Health ;
" local authority " has the same meaning as in Part II of the Act ;
" office " means any office within the meaning of Part II of the Act in respect of which the Minister is the appropriate minister and the word " officer " shall be construed accordingly ;
" substitute officer " means an officer appointed to act as substitute for another officer while such other officer is on annual leave or, through sickness, absence or suspension, or through being seconded for other duties, is temporarily unable to perform the duties of his office ;
" temporary officer " means an officer who is appointed to hold an office either—
(a) for a specified period, or
(b) until a specified work or duty has been completed or
(c) until the appointment of another person to hold such office ; or
(d) as a substitute officer ;
" permanent officer " means an officer other than a temporary officer ;
" existing officer " means a permanent officer who holds his office at the commencement of these regulations ;
" the local authority " in relation to an office or an officer means the local authority under which such office is held or in whose service such officer is ;
" the manager " means the person through and by whom the functions of the local authority other than the reserved functions are to be performed ;
" remuneration " includes salary, fees, poundage and other payments received by an officer as such for his own use and also any apartments, rations or other allowances in kind appertaining to his office ;
" inclusive remuneration " means the remuneration of an office in relation to which a direction given by the Minister under section 22 of the Act is in force ;
" travelling expenses " means travelling expenses payable under these regulations in respect of a journey and does not include a fixed allowance ;
" the officers' scheme " means the scheme which is for the time being in force under these regulations in relation to the relevant local authority, office or officer.
	4 Submission of the officers' scheme.	4. (1) The manager for every local authority by which any officers are appointed shall with all convenient speed prepare and submit to the Minister in triplicate a scheme (in this article referred to as " the scheme ") making provision for the following matters in relation to the offices under such local authority, that is to say :—
(a) the kind and number of the offices ;
(b) the offices which are or are to be major offices ;
(c) the remuneration of every office, whether the salary (if any) is to be paid quarterly, monthly, fortnightly or weekly, and, if the remuneration of any such office is inclusive remuneration, a statement to that effect ;
(d) where the holder of any office is required to attend at regular hours, particulars of such hours ;
(e) the offices the holders of which are to be paid travelling expenses in respect of every journey made on official business ;
(f) where the whole or part of the remuneration of an office consists of salary the number of days annual leave to which the holder of such office is to entitled ;
(g) the offices for each of which a substitute officer may be appointed and the remuneration payable to every such substitute ;
(h) the offices the holder of each of which is to be required to procure a bond securing the local authority against fraud and embezzlement and the amount of such bond :
(i) the major offices which are to be or have been amalgamated with other offices under section 32 of the Act.
(2) In lieu of specifying the number of offices of a particular kind to be held under the local authority the scheme may provide that the said number is to be not less than a specified number and not more than another specified number.
(3) Where the scheme provides in relation to a major office that a substitute officer may be appointed it may also provide that the office of such substitute shall be a major office.
(4) The scheme may provide in relation to any particular office or in relation to every office belonging to a particular class, description or grade that the holder of such office shall comply with any specified requirement or condition before the expiration of a specified period.
(5) The scheme may provide for the administration of any nursing service of the local authority or of any home or hospital maintained by the local authority under the supervision of a specified organisation whose objects include the nursing of the sick or the care of the poor.
(6) Where the scheme provides for the amalgamation of any office with another office under a local authority other than the local authority it shall contain particulars of such other office, and shall make provision for appointments to the amalgamated office either by the local authority or by such other local authority and for the proportions in which the remuneration of the holder of the amalgamated office is to be paid.
	5 Confirmation of the officers' scheme.	5. (1) When a scheme is submitted to the Minister under Article 4 the Minister may if he thinks fit and subject to the provisions of sub-article (2) by order confirm such scheme.
(2) Where a scheme submitted to the Minister under Article 4 provides for the amalgamation of any office with an office under a local authority other than the local authority the Minister shall not confirm such scheme except after consultation with such other local authority.
(3) When a scheme is submitted to the Minister under Article 4 the Minister may, in lieu of confirming such scheme require the manager to make and submit a new scheme and in such case it shall be the duty of the manager to make with all convenient speed a new scheme accordingly and to submit such scheme to the Minister and thereupon these regulations shall apply as if such scheme were submitted to the Minister under Article 4 for the first time.
	6 Coming into force of the officers' scheme.	6. Subject to the exceptions made by these regulations in relation to provisions amalgamating offices and in relation to inclusive remuneration a scheme submitted to the Minister under Article 4 shall come into force when confirmed by the Minister.
	7 Amendment of the officers' scheme.	7. (1) The manager may at any time prepare and submit to the Minister a scheme amending the officers' scheme.
(2) Whenever any alteration has been made in relation to the offices under a local authority which is inconsistent with the officers scheme the Minister may require the manager to prepare and submit to the Minister a scheme amending the officers' scheme and embodying such alteration and the manager shall comply with such requirement with all convenient speed.
(3) The provisions of Article 5 shall apply in relation to a scheme submitted to the Minister under this article as if such scheme were a scheme submitted to the Minister under Article 4.
	8 Kind and number of officers to be appointed by a local authority.	8.—(1) Every order of the Minister confirming an officers' scheme shall have effect as a direction by the Minister under section 11 of the Act that the kind and number of the officers to be appointed by the local authority to which such scheme relates shall, subject to the provisions of sub-articles (2) and (3), be such as are necessary to fill the offices mentioned in such scheme.
(2) A local authority may appoint a person to hold an office which is not included in the officers scheme if such appointment is...