Oireachtas (Termination Allowance). (Amendment) Regulations, 1998.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Oireachtas (Termination Allowance) (Amendment) Regulations, 1998.
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paragraphs: These Regulations shall be deemed to have come into operation on the 6th day of June, 1997.
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paragraphs: The Oireachtas (Termination Allowance) Regulations, 1992 ( S.I. No. 356 of 1992 ), are hereby amended—
(a) in Regulation 3 (1), by the substitution of the following definition for the definition of "the appropriate authority":
" 'the appropriate authority', in relation to a person, means the Clerk of the House of the Oireachtas of which the person had last previously been a member.".
(b) in Regulation 4, by the substitution of the following paragraph for paragraph (a):
"(a) (i) ceases to be a member of DÃ¡il Eireann for a reason other than the death of the member, and
(I) is not elected at the general election for DÃ¡il Ãireann next following such cesser or at any bye-election for DÃ¡il Ãireann held before that general election, and
(II) is not nominated as a member of Seanad Ãireann under Article 18.10 of the Constitution prior to the general election for Seanad Ãireann next following such cesser or elected at any bye-election for Seanad Ãireann held before that general election, and
(III) is not elected at the aforesaid general election for Seanad Ãireann and, following such general election, is not nominated as a member of Seanad Ãireann under Article 18.3 of the Constitution.
(ii) being a member of Seanad Ãireann on the day preceeding polling day at a general election for Seanad Ãireann, is not elected at the said general election and, following the said general election, is not nominated as a member of Seanad Ãireann under Article 18.3 of the Constitution,
or
(iii) ceases to be a member of Seanad Ãireann on a day other than the day referred to in subparagraph (ii) of this paragraph for a reason other than the death of the member and in whose case clauses (I), (II) and (III) of subparagraph (i) of this paragraph are satisfied,
and",
and
(c) in Regulation 10, by the substitution of the following paragraphs for paragraph (1):
"(1) Notwithstanding the foregoing provisions of these Regulations, a person who ceases to be a member of DÃ¡il Ãireann as a result of a dissolution of DÃ¡il Ãireann and is not elected at the general election for DÃ¡il Ãireann next following such dissolution and satisfies the requirements of paragraph (b) of Regulation 4 may, on application in writing to the appropriate authority, be paid a termination allowance with effect from polling day at the said general election:
Provided that, when so applying, he includes in the application a declaration that he does not propose to do any of the following:
(a) seek election to Seanad Ãirenn at the general election for Seanad Ãireann next following such dissolution or at any bye-election for Seanad Ãireann held before that general election,
(b) consent to be nominated as a member of Seanad Ãireann under Article 18.10 of the Constitution prior to the said general election for Seanad Ãireann,
(c) consent to be nominated as a member of Seanad Ãireann under Article 18.3 of the Constitution following the said general election for Seanad Ãireann:
Provided also that if, contrary to the said declaration, the person is so elected or so nominated as a member of Seanad Ãireann, he shall immediately refund to the appropriate authority any moneys paid to him under Regulation 5.
(1A) Notwithstanding the foregoing provisions of these Regulations—
(a) a person who ceases to be a member of DÃ¡il Ãireann for a reason other than as a result of a dissolution of DÃ¡il Ãireann or the death of the member and satisfies the requirements of paragraph (b) of Regulation 4, or
(b) a person who ceases to be a member of Seanad Ãireann on a day other than the day preceding polling day at a general election for Seanad Ãireann for a reason other than the death of the member and satisfies the requirements of paragraph (b) of Regulation 4,
may, on application in writing to the appropriate authority, be paid a termination allowance with effect from the date of such cesser:
Provided that, when so applying, he includes in the application a declaration that he does not propose to do any of the following:
(a) seek election to DÃ¡il Ãireann at the general election for DÃ¡il Ãireann next following such cesser or at any bye-election for DÃ¡il Ãireann held before that general election,
(b) seek election to Seanad Ãireann at the general election for Seanad Ãireann next following such cesser or at any bye-election for Seanad Ãireann held before that general election,
(c) consent to be nominated as a member of Seanad Ãireann under Article 18.10 of the Constitution prior to the said general election for Seanad Ãireann.
(d) consent to be nominated as a member of Seanad Ãireann under Article 18.3 of the Constitution following the said general election for Seanad Ãireann:
Provided also that if, contrary to the said declaration, the person is so elected as a member of DÃ¡il Ãireann or Seanad Ãireann, or so nominated as a member of Seanad Ãireann, he shall immediately refund to the appropriate authority any moneys paid to him under Regulation 5.".