Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698136713944.pdf (Ireland)
BILLE SEIRBHISI AITIULA (FEARACHAS SEALADACH) (UIMH.

2), 1933.

LOCAL SERVICES (TEMPORARY ECONOMIES) (No 2) BILL, 1933.

Mar do tugadh isteach.

As introduced.

ARRANGEMENT OF SECTIONS.

Section 1.

Short title.

2.

Definitions.

3.

Definition of “ salary.” 4.

Deductions from salaries of officers.

5.

Deductions from salaries of officers who are officers of more than one local authority.

6.

Calculation of minimum deductions from salaries.

7.

Calculation of deduction where rate of salary is altered.
8.

Relief in respect of deductions under Public Services (Temporary Economies) Act, 1933.

9.

Adjustment of deductions from salaries.

10.

Special provisions in respect of certain medical officers.

11.

Saving for pensions, etc.

12.

Preservation of contracts of service.

13.

Determination of disputes.

14.

Restriction on increase of salary.

15.

Reduction of salary of person appointed to perform duties of local authority.

16.

Reduction of expenses in relation to draft jurors lists.

17.
17.

Reduction in registration expenses.

18.

Furnishing of information by officers.

19.

Duty of chief executive officer.

20.

Amendment of the Public Services (Temporary Economies) Act, 1933.

Schedule—Rates of Minimum Deductions.

[No.

67 of 1933.]

saorstAt EIREANN.

BILLE SEIRBHISI AITIULA (FEARACHAS SEALADACH) (UIMH.

2), 1933.

LOCAL SERVICES (TEMPORARY ECONOMIES) (No.

2) BILL, 1933.
2) BILL, 1933.

5 BILL entitled AN ACT TO PROVIDE FOR THE MAKING OF DEDUC­ TIONS FROM REMUNERATION PAYABLE DURING THE YEAR 1934 TO PERSONS EMPLOYED BY LOCAL 10 AUTHORITIES AND FROM CERTAIN SCALES OF EXPENSES AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID AND IN PARTICULAR TO AMEND THE PUBLIC SERVICES (TEMPORARY ECONOMIES) ACT, 1933.

15 BE IT ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:— Short title.

1.
1.

—This Act may be cited as the Local Services (Temporary Economies) Act, 1934.

Definitions.

2.
—(1) For the purposes of this Act each of the following 20 bodies and persons shall be a local authority, that is to say :— (a) the council of a county, county borough, borough, or urban district, a board of guardians, the commissioners of a town, and a port sanitary authority, and (b) a person appointed by or under a statute to perform the 25 functions or any of the functions of any such council, board, or commissioners, and (c) a committee or joint committee or a board or joint board (whether incorporated or not incorporated) of or appointed by any one or more of such councils, boards, 30 commissioners, authorities, or persons, and (d) a school attendance committee, a vocational education committee, and a committee of agriculture.
(2) In this Act the expression “ the Minister ”— (а) in relation to a committee of agriculture means the 35 Minister for Agriculture, and (б) in relation to a school attendance committee or a voca­ tional education committee means the Minister for Education, and (c) in relation to any other local authority means the 40 Minister for Local Government and Public Health, (3) In this Act— the word “ officer ” means any person in the employment of a local authority; the word “ employment ” shall be construed as including engage- 45 ment and retainer; the word “ rate” includes percentage.
2 3.— (1) In this Act (save us is otherwise expressly provided) the word “ salary ” includes all salary, pay, wages, commission, fees, and other remuneration whether fixed or paid under statute, order, or regulation or otherwise howsoever, and whether 5 calculated by reference to a period of time or by reference to work done, or on any other basis, and also includes allowances and benefits (whether paid in money or given otherwise than in money) forming part of the remuneration attached to an office, but does not include any of the following payments, that is to 10 say:— Definition of “ salary.” (a) payments made by way of allowance for or reimburse­ ment of specific expenses incurred; (b) payments (whether separate or included in other remuneration) which are expressly made as an allow- ance for or towards necessary equipment; (c) payments made by or on behalf of a Department of State; (d) payments by way of fees or other remuneration paid in pursuance of section 17 of the Juries Act, 1927 (No.
23 of 1927); (e) payments by a registration officer as part of the registra­ tion expenses referred to in section 12 of the Electoral Act, 1923 (No.
12 of 1923); (/) payments by way of fees or other remuneration paid to an officer of a local authority the amounts of which such officer is required either by statute or by contract to hand over to the local authority by which such officer is employed; and (g) payments by way of fees payable to registrars of births, deaths, and marriages under section 54 of the Registration of Births and Deaths (Ireland) Act, 1863 and under section 21 of the Registration of Marriages Act (Ireland) 1863.
15 20 25 30 (2) Where a person holds two or more offices from the salaries of which deductions are required by this Act to be made, his 35 salary for the purposes of such deductions shall be taken to be the aggregate amount of the respective salaries of those offices and such aggregate amount shall be subject to such deduction as would be appropriate if it were the salary of one office.
(3) Where a person, who is in receipt of a salary from which a 40 deduction is required by this Act to be made, earns and becomes entitled to be paid during the year 1934 special remuneration (in addition to his normal salary) in respect of services rendered to a local authority by him during that year or any part thereof, the annual rate of his salary for the purposes of this Act shall be 45 taken to be the aggregate of the following amounts, that is to say:— (a) the annual rate of his normal salary, and (b) the total amount of such special remuneration earned by and payable to him in the year 1934.
50 4.—(1) From every salary which, during the year 1934, is earned by and payable to an officer, the local authority paying such salary shall make such deduction as such authority shall in each individual case think proper, but subject to the restrictions that such deduction shall net be less than the minimum deduction 55 applicable under this Act to the particular salary affected by such deduction and shall not exceed such minimum deduction by any greater amount than shall be sanctioned by the Minister.
(2) The deduction made under this Act from the salary of any person shall, so far as may be practicable, be made rateably from 60 every payment of such salary made in the year 1934 and after the passing of this Act, save that deductions from any salary which would under this section have fallen to be made in the portion of the said year prior to the passing of this Act (if this 3 Deductions from salaries of officers.
Ai-t had then been in force) shall lx1 made irom the next payment or payments (as the case may require) of such salary made after the passing of this Act, but so that not more shall be so deducted from any one such payment than fifty per cent, of such payment.
(3) It any deduction from the salary of an officer be made in the year 1934 and before the passing of this Act which would liave been lawful if made after the passing of this Act, such deduction shall be deemed to have been made under this Act and to be and always to have been lawful accordingly.

5 (4) All sums deducted under this Act from any moneys pay­ able to an officer by way of salary shall be applied to the same purposes as the fund from which such moneys are paid to such officer.
10 salaries °ufS officers 5.—The following provisions shall apply and have effect in who are officers of respect of every officer who holds offices under more than one more than one local authority, that is to say :— local authority.

J 15 (a) tor the purpose of the calculation of the minimum deduc­ tion to be made under this Act from the salary of such officer, such salary shall be taken to be the aggregate of the salaries which he is entitled to receive in respect of his said offices.
; (b) the said minimum deduction, when calculated in pur­ suance of the foregoing paragraph of this section, shall be apportioned between the several salaries received by such officer by virtue of his said offices in propor­ tion to the respective amounts of those salaries, and the amount so apportioned to any such salary shall, for the purpose- of this Act, be the minimum deduc­ tion in respect of such salary; (c) the amount of the* deduction to lx?
made under this Act from each of the said salaries of such officer shall he determined by the local authority paying such salary but shall not lx?
less than the minimum deduction appropriate to such salary under the foregoing pro­ visions of this seetion; (d) the deduction to be made under this Act from any of the said salaries of such officer shall be made by the local authority paying such salary, save that where any such salary is paid, wholly or in part, otherwise than in money the Minister may direct that the whole or any specified part of such deduction shall, in lieu of being made by the local authority paying such salary, be made by a specified other local authority or speci­ fied other local authorities paying such salary to such officer wholly or partly in money and, if more than one sucli local authority, in specified proportions, and whenever any such direction is given by the Minister the local authority or local authorities concerned shall comply therewith and every deduction made in pur­ suance of such direction shall lx- paid by the local authority making such deduction to the local authority by whom such deduction would have b(H?n required by this Act to be made if such direction had not been given.
20 25 30 35 40 45 50 6.—(1) The minimum deduction to he made under this Act Calculation of deductions from from the salary of an officer shall be calculated in the manner salaries.
following, that is to say :— 55 (a) where the whole of such salary is variable remuneration, under Part I of the Schedule to this Act and at the rate applicable in that Part to the amount of such salary; 60 4 (6) where no part of such salary is variable remuneration, under Part II of the Schedule to this Act and at the rate applicable under that Part to the amount of such salary; (c) where a portion only of such salary is variable remunera­ tion by adding together— (i) a sum ascertained by applying to the portion of such salary which is variable remuneration the rate or rates in Part I of the Schedule to this Act which would be applicable if the whole of such salary were variable remuneration, and (ii) a sum ascertained by applying to the portion of such salary which is not variable remuneration the rate or rates in Part II of the Schedule to this Act which would be applicable to that portion if none of such salary were variable remuneration, 5 10 15 {(l) where the service rendered by the officer is occasional, under Part III of the Schedule to this Act.
(2) For the purposes of the application under this section of 20 Parts I and II respectively of the Schedule to this Act to the salary of any officer whose salary is in part only variable remuneration, such part of such salary shall be deemed to bo the first part of such salary and the word “ first ” and the word “ next ” in the said Parts of the said Schedule when so applied 25 shall be construed accordingly.
(3) Where the salary from which a deduction is to be made under this Act includes an allowance or benefit given otherwise than in money, or includes fees payable by persons other than the local authority employing the person in receipt of such salary, 30 or includes both such allowance or benefit and such fees, the deduction to be made under this Act from such salary shall (though calculated on the whole of such salary) be made only from the portion of such salary which does not consist of such allowance, benefit, or fees.
(4) Where a part of the salary of an officer consists of an amount in respect of which a bonus, varying with the cost of living and calculated by reference to such amount, is paid to such officer, such amount and such bonus shall for the purposes of this section be taken together as one sum and such one sum shall be variable 40 remuneration for the purposes of this section and is hereinafter in this section referred to as remuneration variable by reason of bonus.
(5) Where a part of the salary of an officer consists of remuneration variable by reason of bonus and part consists of an 45 allowance or benefit given otherwise than in money, the said remuneration variable by reason of bonus and the value of such allowance or benefit shall be taken together as one sum for the purposes of this section, and such one sum shall also be variable remuneration for the purposes of this section.
50 (6) Where part of the salary of an officer consists of an allow­ ance or benefit given otherwise than in money, and no part of sueh salary is remuneration variable by reason of bonus, the value of such allowance or benefit shall also be variable remunera­ tion for the purposes of this section.
55 7.—For the purposes of calculating the deduction to be made under this Act from the salary of a person in continuous employ­ ment whose rate of salary is altered during the year 1934, the following provisions shall have effect, that is to say:— Calculation of deduction where rate of salary is altered.
60 (a) each part of the year 1934 during which the rate of salary of such person remains unaltered shall be treated as a separate employment; 5 Relief in respect of deductions under Public Services (Temporary Economies) Act, 1933.

Adjustment of deductions from salaries.

Special provision in respect of certain medical officers.

Saving for pensions, etc.


(&) the deduction proper to be made under this Act in respect of each such separate employment shall be ascertained and shall be calculated as if such separate employment were the only employment of such person during the year 1934; 5 (c) the deduction to be made under this Act from the salary of such person shall be the total of the several deduc­ tions ascertained under the next preceding paragraph of this section.
(d) this section shall apply whether the said continuous io employment of such person does or does not extend over the whole of the year 1934.

8.

—In the calculation of the minimum deduction to be made under this Act from the salary of an officer from whose salary deductions were or are made (whether before or after the passing 15 of this Act or before or after the commencement of the year 1934) under section 12 of the Public Services (Temporary Economies) Act, 1933 (No.
37 of 1933), such officer shall be entitled to credit against such minimum deduction for the said deductions so made from his salary under the said section 12, and the amount of the 2'.'

said minimum deduction shall be reduced accordingly.

9.
—Where, after the expiration of the year 1934, any local authority ascertains that the deductions made or purported to be made under this Act in that year from the salary of any officer in its employment were either greater or less than the deductions 25 required by this Act to be made from such salary, such local authority shall, before the end of the year 1935, adjust the amount of such deductions either (as the case may require) by a refund to such officer or by a deduction from the salary of such officer payable to him in the year 1935.
30 10.

— For the purpose of calculating the amount of the minimum or any other deduction to be made under this Act from the salary of a medical officer of a dispensary district (including an officer appointed temporarily during a vacancy or as substitute for another officer), the annual rate of the salary of such medical 35 officer shall be taken to be fifty pounds less than the actual amount thereof.

11.
11.

—(1) Nothing in this Act shall affect the amount of salary by reference to which the amount of any compensation, super­ annuation allowance, pension, or gratuity is computed nor the amount of salary by reference to which contributions to a pension fund or under a superannuation scheme are computed, and accordingly deductions made under or by virtue of this Act shall not be taken into account in the computation of any such com­ pensation.
allowance, pension, gratuity, or contribution nor in the 45 calculation of any average on which such computation is based.

(2) Where a person who has been granted a superannuation allowance or a pension is in receipt of a salary from which a deduction is made under this Act, the amount of such allowance or pension actually payable shall be computed by reference to the 5c full amount of such salary, and such deduction shall not be taken into account for the purpose of such computation.
Preservation of contracts of service.

12.

—The making under this Act of a deduction from salary paid under a contract of service shall not operate to terminate such contract, and such contract shall, notwithstanding the 55 making of such deduction, continue to subsist but subject to the obligation or right to make and the obligation to suffer such deduction.

Determination of disputes.

13.
—(1) Every doubt, question, and dispute which shall arise as to whether any person is an officer within the meaning of this 60 Act or as to the amount of the salary for the purposes of this Act of any officer or as to the amount of the minimum deduction to be made under this Act from any such salary, and if such salary is 6 paid by more than one local authority, as to the amount of the minimum deduction to be made from such salary under this Act by each such local authority, shall be determined by the Minister whose determination thereof shall be final.
5 (2) An auditor duly appointed to audit the accounts of a local authority may, on any audit of the accounts of such local authority, raise any such question as is mentioned in the foregoing sub-section of this section in relation to any payment appearing in such accounts of the salary of any officer of such local authority, and every such question so raised shall be determined under this section by the Minister whose determination thereof shall be final.

14.
14.

No resolution of a local authority increasing the salary of Restriction on an officer of such local authority in respect of the year 1934 shall increase of salary, have effect after the passing of this Act unless the Minister has 15 consented to such increase.
Where the Minister for Local Government and Public Reduction of Health has, before the passing of this Act, fixed the remuneration salarv f Person of any person appointed under sub-section (3) of section 72 of the performduties of Local Government Act, 1925 (No.

5 of 1925), to perform the local authority.
20 duties of a local authority, the said Minister shall make and is hereby empowered to make for and in respect of the year 1934 such variation (if any) of such remuneration as shall, in his opinion, secure that the sum earned by and payable to such person as such remuneration in the year 1934 shall be reduced by 25 such amount as the said Minister shall think proper having regard to the minimum deductions from salaries to be made under this Act and the other circumstances of the case.
16.—The Minister for Justice shall make and is hereby empowered to make, for and in respect of the preparation of the 30 draft lists of persons qualified on the 15th day of November, 1934. to serve as jurors and liable so to serve, such variation of the scales in force under sub-section (3) of section 17 of the Juries Act, 1927 (No.
23 of 1927), as will in his opinion secure that the sums payable in respect of the preparation of the said draft lists 35 to any person in accordance with such scales will be reduced by such amount as the said Minister shall think proper having regard to the minimum deductions from salaries to be made under this Act and the other circumstances of the case.

Reduction of expenses in relation to draft jurors lists.
17*—The Minister for Finance shall make and is hereby Reduction in 40 empowered to make, for and in respect of the registration expenses registration incurred in relation to the preparation of the register of electors oxi>ense9- which will come into force on the 1st day of June.

1935, such variation of the scale of registration expenses framed by him under sub-section (3) of section 12 of the Electoral Act, 1923 (No.
45 12 of 1923), as will in his opinion secure that the sums payable in respect of such expenses to any person in accordance with such scale will be reduced by such amount as the said Minister shall think proper having regard to the minimum deductions from salaries to be made under this Act and the other circumstances 50 of the case.
18*—(1) Where an officer (other than the chief executive Furnishing of officer) of any local authority held on the 1st day of January, information by 1934, offices under more than one local authority, he shall, not offieers‘ later than one fortnight after the passing of this Act, give to the 55 chief executive officer of each local authority by whom he was so employed written particulars of the nature of his employment with, and of the salary which he was or is entitled to receive trom, each of the other local authorities by whom he was so employed.
™ (2) Where an officer (other than the chief executive officer) of any local authority became or becomes at any time in the year 1934 employed by any other local authority (whether he is or is not at that time also an officer of the first-mentioned local 7 •---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- authority), he shall, within fourteen days after the passing of this Act or his becoming so employed, whichever is the later, give to the chief executive officer of every local authority by whom he is or was employed on or after the 1st day of January, 1934, written particulars of the nature of his employment with and of the salary he is or was entitled to receive from each of the other local authorities by whom he is or was so employed.
5 (3) Where, in the case of an officer to whom either of the fore­ going sub-sections of this section applies, any variation occurs after the passing of this Act and before the end of the year 1934 in the nature of his employment with or the amount of the salary which he is entitled to receive from any of the local authorities by whom he is employed, such officer shall, not later than one fortnight after such variation takes effect, give to the chief execu­ tive officer of each of the other local authorities by whom he is employed written particulars of such variation.
(4) Where an officer (other than the chief executive officer) of any local authority receives any portion of his salary in the form of fees or other remuneration not paid to him by a local authority, such officer shall, within fourteen days after the passing of this Act, give to the chief executive officer of every local authority by which he is employed an estimate in writing of the probable amount of such fees or other remuneration to be received by him during the year 1934, and shall also, within fourteen days after the 31st day of December, 1934, give to every such chief executive officer an account in writing of such fees or other remuneration actually received by him during the year 1934.
(5) If any officer refuses or wilfully neglects to do any act or perform any duty the doing or performance of which is rendered obligatory for him by virtue of this section, the Minister may remove such officer from his position of employment by any or every local authority and such removal shall be deemed to be removal for misconduct.
1C 15 2b 25 30 (6) If an officer giving written particulars or an estimate in writing in pursuance of this section gives any such particulars or estimate which are or is to his knowledge false or misleading in a material respect, such officer shall be guilty of an offence under this section and on summary conviction thereof shall be liable to a fine not exceeding fifty pounds and also to be removed for mis­ conduct by the Minister from his position of employment by any or every local authority.
35 40 19.—(1) The chief executive officer of every local authority Duty of chief executive officer.
s}ja]i submit to such local authority, in respect of each officer (not being an artisan, skilled labourer or a person hired to per­ form only subordinate duties or ordinary labour whose employ­ ment is occasional only) in the employment of such local authority during the year or any part of the year 1934, a statement showing the estimated amount of the salary payable to such officer during the year 1934 and of the minimum deduction to be made under this Act from such salary and where appropriate of the proportion of such minimum deduction made by such local authority and such chief executive officer shall so submit such statement not later than one fortnight after the passing of this Act or the entry of the officer to whom such statement relates into the employment of such local authority, whichever is the later.
(2) Where a person is at any time in the year 1934 an officer of more than one local authority, the chief executive officer of any such local authority may at any time or times before the 1st day of January, 1936, request the chief executive officer of any other such local authority to supply to him written particulars of the amount and nature of the salary which such person is entitled to receive in the year 1934 by virtue of an office under such other local authority, and every chief executive officer of a local authority to whom a request is made under this sub-section shall comply with such request.
8 45 at 55 00 65 (3) If any chief executive officer refuses or wilfully neglects to do any act or perform any duty the doing or performance of which is rendered obligatory for him by virtue of this section, the Minister may remove such chief executive officer from his office, and such removal shall be deemed to be removal for mis­ conduct.
(4) If any chief executive officer submitting a statement or supplying particulars in pursuance of this section submits any such statement or supplies any such particulars which is or are to his knowledge false or misleading in a material respect, such chief executive officer shall be guilty of an offence under this section and on summary conviction thereof shall be liable to a fine not exceeding fifty pounds and also to be removed for mis­ conduct from his office.
10 (5) The Minister may by order make regulations prescribing any matter or thing referred to in this section as prescribed, and the word “ prescribed ” in this section means prescribed by such regulations.

Amendment of the Public Services (Temporary Economies) Act, 1933.

20.—Sub-section (2) of section 11 of the Public Services (Temporary Economies) Act, 1933 (No.
37 of 1933), is hereby 2(J amended as follows and shall be construed and have effect accord­ ingly, that is to say:— (а) by the insertion in that sub-section of the words “ or will make ” immediately after the words “ has made,” and (б) by the deletion of the words “ current financial year ” 25 and the insertion in lieu thereof of the word and figures “ year 1934.” SCHEDULE.

RATES OF MINIMUM DEDUCTIONS.

Part I.

Where the annual rate of salary does not exceed £300—Nil.
.. ,, „ exceeds £300 but does not exceed £400—2 per cent, per annum of the salary.

Where the annual rate of salary exceeds £400— per cent.

plus .. 2 per annum from the first £400 of the annual rate of salary 2* .. 3 4* 6 8 i° 12$ >5 ,, next £100 or part of £100 £100 „ £100 .. £100 £100 £100 £100 £100 £i°° £itx> £200 .. £100 £100 £100 „ £100 .. /too £100 £100 .. £100 £100 .. £200 .. 20 ,, 22* „ .. plus 25 per cent, per annum from so much of the annual rate of salary as is in excess of £1,600.
In no case shall the annual rate of a salary be reduced by deduction to less than £300.

Part II.

Where the annual rate of salary— does not exceed /210—Nil.

exceeds £210 but does not exceed /300—5 per cent, per annum of the annual rate of salary.

£400 .. „ .. „ £400—5i „ £500—5i exceeds £500— 5^ per cent, per annum from the first £500.
plus 6 per cent, per annum from the next £100 or part of ,£ioo of the annual rate of salary b* 7 8i 10 12* 15 17 i 20 22$ „ ,, „ || |, ,, ,, 99 99 ■ » f £100 „ £100 „ £lo° » £100 „ |ioo „ £"*> „ £*6° .. of £100 of £\oo of £100 of ^ 100 of £100 of £100 of £ T 00 of ,£100 of £ TOO plus 25 per cent, per annum from so much as is in exdess of ,£1,500.

In no case shall the annual rate of salary be reduced by deduction to less than £210.

Part III.
Part III.

(i) In the case of artisans and other skilled labourers and persons hired to perform only subordinate duties or ordinary labour—Nil.

(ii) In all other cases—5 per cent, of the full amount payable.

1<> 4 Saorstat Eireann SaorstAt Eireann.

BILLE SEIRBHISI AITICLA (FEARACHAS SEALADACH) (Uimh.

2), 1933.

LOCAL SERVICES (TEMPORARY ECONOMIES) (No.

2) BILL, 1933.
2) BILL, 1933.

BILLE (mar do tugadh isteach) da ngairmtear BILL (as introduced) entitled Acht chun a shoeru go rabainfear suimeanna de luach saothair is inioctha i rith na bliana 1934 le daoine ar fostu ag udarais aitiula agus de scalai airithe eostaisi agus chun socruithe do dheanamh i gcoir nithe eile bhaineas leis na nithe roimhraite agus go sonnrach chun an Achta Sheirbhisi Puibli (Fearachas Sealadach).

1933, do leasu.
1933, do leasu.

An Act to provide for the making of deductions from remuneration payable during the year 1934 to persons employed by local authori­ ties and from certain scales of expenses and to provide for other matters connected with the matters aforesaid and in particular to amend the Public Services (Temporary Economies) Act, 1933.

An tAire Rialtais Aitiula agus Slainte Puibli do thug isteach.

Introduced by the Minister for Local Government and Public Health.
Do horduiodh, ag Dail Eireann, do chld- bhualadh, 29adh Mi na Samhna, 1933.

Ordered, by Dail Eireann, to be printed, 29th November, 1933.

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