European Assembly (Irish Representatives) Act, 1979
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —In this Act—
“the Act of 1977” means the European Assembly Elections Act, 1977 ;
“the Assembly” means the Assembly of the European Communities;
“Assembly election” has the meaning assigned to it by section 2 (1) of the Act of 1977;
“the European Communities” means the European Economic Community, the European Coal and Steel Community and the European Atomic Energy Community;
“the Minister” means the Minister for the Public Service.
num: 2
paragraphs: —(1) Each of the representatives in the Assembly who for the time being—
(a) stands elected thereto pursuant to the Act of 1977,
(b) stands appointed thereto pursuant to section 15 of that Act,
shall, out of moneys provided by the Oireachtas, be paid the allowance specified in subsection (2) of this section.
(2) The allowance referred to in subsection (1) of this section is an allowance at the same rate per annum as that of the allowance to members of DÃ¡il Ãireann payable for the time being by virtue of sections 2 and 3 of the Oireachtas (Allowances to Members) Act, 1938 , as amended by section 4 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1960 , and sections 4 and 5 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1973 .
(3) Payment of an allowance under this section shall commence with effect from the commencement of the term of office of the person concerned as a representative in the Assembly and such allowance shall be payable monthly.
(4) For the purposes of subsection (3) of this section, the term of office of a representative in the Assembly shall be regarded as commencing on—
(a) in case he is elected thereto pursuant to the Act of 1977, the day on which the Assembly first meets after the relevant Assembly election,
(b) in case he is appointed thereto pursuant to section 15 of that Act, the day next following the date of his appointment.
num: 3
paragraphs: —The Minister may, if he thinks fit, by order provide for the payment of allowances for expenses to representatives in the Assembly who have been elected or appointed thereto in the manner described in section 2 (1) of this Act.
num: 4
paragraphs: —(1) The Minister may make a contributory scheme for the granting of pensions to or in respect of persons who have been elected or appointed to the Assembly in the manner described in section 2 (1) of this Act.
(2) The Minister may, in accordance with a scheme under this section, make deductions from an allowance paid under section 2 of this Act.
(3) A scheme under this section may have effect from a date which is earlier than the date of the scheme but which is not earlier than the date on which the Assembly first meets after the Assembly election held in 1979.
(4) The Minister may make a scheme amending or revoking a scheme under this section (including a scheme under this subsection).
num: 5
paragraphs: —(1) A person who is elected to be a representative in the Assembly at the Assembly election held in 1979 and who is either a member of, or a director on the board of, a specified body shall, on the signing by the chief returning officer at the election of the return required by Rule 70 of the First Schedule to the Act of 1977, cease to be such member or director, as may be appropriate.
(2) Where a person who is either a member of, or a director on the board of, a body which is a specified body is validly nominated as a candidate for election to, or appointed to be a representative in, the Assembly, whether such election or appointment is to be held pursuant to, or is made under, the Act of 1977 or otherwise, he shall on such nomination or on his appointment, as may be appropriate, cease to be such a member or director, as may be appropriate.
(3) A person who is for the time being a representative in the Assembly shall be disqualified for being a member of, a director on the board of, any body which is a specified body or an officer or servant of any such body.
(4) Where a person who is either an officer or servant of any body which is a specified body is validly nominated for election as a candidate for election to, or appointed to be a representative in, the Assembly, whether such election or appointment is to be held pursuant to or is made under the Act of 1977 or otherwise, he shallstand seconded from employment by the body and shall not be paid by or be entitled to receive from the body any remuneration or allowances in respect of the period commencing on—
(a) in case he is so nominated at the Assembly election held in 1979, the signing by the chief returning officer at the election of the return referred to in subsection (1) of this section,
(b) in case he is so nominated at any other Assembly election or is so appointed, on such nomination or on his appointment,
and ending when he withdraws his candidature, fails to be elected or ceases to be a representative in the Assembly.
num: 6
paragraphs: —(1) Every order made under section 3 of this Act and every order amending or revoking such an order and every scheme made under section 4 of this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or scheme is passed by either such House within the next twenty-one days on which that House has sat after the order or scheme is laid before it the order or scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(2) When an order under section 5 (5) of this Act or an order amending or revoking such an order, is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House.
(3) The Minister may by order amend or revoke an order under this Act (including an order under this subsection).
num: 7
paragraphs: —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
num: 8
paragraphs: —(1) This Act may be cited as the European Assembly (Irish Representatives) Act, 1979.
(2) Subsections (1) and (4) of section 5 of this Act and this section shall be deemed to have come into operation on the 29th day of May, 1979.