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9 1946

HARBOURS ACT, 1946

PART IV.

Officers and Servants of Harbour Authority.

Officers and servants.

38. —(1) Subject to the provisions of this Act, there shall from time to time be appointed to or employed in the service of a harbour authority by such authority, such and so many officers (including, in the case of a harbour authority mentioned in Part II of the First Schedule to this Act, a secretary and, in every case, a harbour master and a collector of rates) and servants as may be necessary for the due administration, management, operation and maintenance of the harbour of the harbour authority.

(2) A harbour authority, in lieu of appointing in pursuance of this section both a harbour master and a collector of rates for their harbour, may appoint one person to be harbour master and collector of rates.

(3) A harbour authority may require any of their officers to give and maintain during his term of office security of such description and amount as the harbour authority consider proper.

(4) The Local Authorities (Officers and Employees) Acts, 1926 and 1940, other than subsections (1) and (2) of section 7 and section 11 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), shall apply in relation to a harbour authority in like manner as they apply in relation to a local authority, but the expressions “the Minister” and “local authority” shall, in those Acts as so applied, mean respectively the Minister for Industry and Commerce and a harbour authority.

(5) If any question arises whether a person who is or was in the service of a harbour authority is or was an officer, the question shall be referred to the Minister whose decision shall be final.

(6) Whenever the Local Appointments Commissioners perform any function in respect of a harbour authority under the Local Authorities (Officers and Employees) Acts, 1926 and 1940, as applied by this Act, the harbour authority shall pay to the Local Appointments Commissioners such amount in respect of the expenses incurred by the Local Appointments Commissioners in performing such function as the Local Appointments Commissioners think proper, and every such amount paid to the Local Appointments Commissioners shall, for the purpose of paragraph (b) of subsection (2) of section 12 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), be deemed to be a fee paid to the said Commissioners under that Act.

(7) (a) Where, before the passing of this Act, a person was appointed to an office or employment, under a harbour authority, which became vacant or was created on or after the 1st day of January, 1946, and which would, if this Part had come into operation on the 1st day of January, 1946, have been an office or employment to which the Local Authorities (Officers and Employees) Acts, 1926 and 1940, would have applied, then, that person shall, immediately upon the passing of this Act, cease to hold the said office or employment.

(b) Every question or dispute as to whether any particular office or employment is or is not an office or employment to which paragraph (a) of this subsection relates shall be decided by the Minister after consultation with the Local Appointments Commissioners and such decision shall be final and conclusive.

General Manager and Secretary.

39. —(1) A harbour authority mentioned in Part I of the First Schedule to this Act shall from time to time appoint a person to be General Manager of their harbour.

(2) The office of General Manager of a harbour shall be an office to which the Local Authorities (Officers and Employees) Acts, 1926 and 1940, as applied by this Act, apply.

(3) The General Manager of a harbour shall be the chief executive officer of the harbour authority for the harbour.

(4) The General Manager of a harbour shall, subject to the overriding control of the harbour authority for the harbour, have control of all other officers and servants of the harbour authority and such officers and servants shall report to him or to the harbour authority through him.

(5) Any engagement or discharge of an employee (other than an officer) of a harbour authority mentioned in Part I of the First Schedule to this Act, being an employee to whose appointment the Local Authorities (Officers and Employees) Acts, 1926 and 1940, as applied by this Act, do not apply, shall be carried out as follows, and not otherwise, that is to say, by the General Manager or an officer of the harbour authority authorised in that behalf by the General Manager.

(6) The General Manager of a harbour shall have the right to attend meetings of the harbour authority for the harbour and to take part in the discussions at such meetings as if he were a member of the harbour authority, but he shall not be entitled to vote on any question which is to be decided by a vote of the members of the harbour authority.

(7) The General Manager of a harbour may suspend any officer of the harbour authority of the harbour, but any such suspension may be determined by the harbour authority.

(8) The harbour authority of a harbour may suspend or, with the sanction of the Minister, remove the General Manager of the harbour, but no such suspension or removal shall be effected save by a resolution passed by the harbour authority for the purpose of such removal or suspension (as the case may be) and for the passing of which not less than two-thirds of the members of the harbour authority voted and which was so passed after not less than seven days' notice of the intention to propose the resolution had been given by post to every member of the harbour authority.

(9) A harbour authority of a harbour mentioned in Part I of the First Schedule to this Act may from time to time with the consent of the Minister appoint, in addition to the General Manager, a person to be secretary of their harbour, and the office of secretary shall be an office to which the Local Authorities (Officers and Employees) Acts, 1926 and 1940, as applied by this Act, apply.

Deputy General Manager.

40. —(1) Where the General Manager of a harbour is on vacation or is through illness, absence from the area in which the harbour is situated, or suspension, temporarily incapable of executing the functions of his office, the harbour authority of the harbour may appoint a deputy General Manager for the duration of the vacation or incapacity.

(2) The power to appoint a deputy General Manager conferred by subsection (1) of this section may also be exercised before and in contemplation of any vacation of the General Manager of a harbour or of any temporary incapacity on his part to execute the functions of his office through absence from the area in which the harbour is situated.

(3) A deputy General Manager appointed under this section shall, during the continuance of the vacation or incapacity on account of which he is appointed or until he is sooner removed or dies or resigns, have all the powers and shall execute and perform all the functions and duties of the General Manager for whom he is deputising and for that purpose the references in subsections (3) to (7) of section 39 and sections 174 , 175 and 176 of this Act to the General Manager of a harbour shall include a reference to such deputy General Manager.

The secretary to be chief executive officer and to have right to attend meetings.

41. —(1) The secretary of a harbour the harbour authority for which is mentioned in Part II of the First Schedule to this Act shall be the chief executive officer of the harbour authority.

(2) The secretary of a harbour the harbour authority for which is mentioned in Part II of the First Schedule to this Act shall have the right to attend meetings of the harbour authority and to take part in the discussions at such meetings as if he were a member of the harbour authority, but he shall not be entitled to vote on any question which is to be decided by a vote of the members of the harbour authority.

Qualifications for offices.

42. —(1) The Minister may declare a qualification of any of the following classes or descriptions to be a qualification for a specified office under a harbour authority or for such of the offices under harbour authorities as belong to a specified class, description or grade, that is to say:—

(a) qualifications relating to character,

(b) qualifications relating to age, health, or physical characteristics,

(c) qualifications relating to education, training or experience,

(d) qualifications relating to residence,

(e) qualifications relating to sex,

(f) the qualification that any woman holding the office in question be either unmarried or a widow.

(2) The Minister shall not declare under this section that any qualification relating to sex is a qualification for any office unless he is of opinion that the duties of the office so require.

(3) Before declaring under this section that any qualification is a qualification for any office to which the Local Authorities (Officers and Employees) Acts, 1926 and 1940, as applied by this Act, apply, the Minister shall consult with the Local Appointments Commissioners.

(4) Every reference in the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), as applied by this Act, to the qualifications prescribed under that Act shall be construed in relation to every office under a harbour authority as a reference to the qualifications (if any) for the time being declared under this section to be the qualifications for such office.

(5) Subject to the provisions of subsection (6) of this section, no person shall be appointed to any office for which any qualifications are for the time being declared under this section to be the qualifications unless he possesses those qualifications.

(6) Whenever it is necessary to fill immediately any office for which any qualifications are for the time being declared under this section to be the qualifications, and no suitable person possessing such qualifications is available for appointment, the Minister may, on the application of the harbour authority concerned, authorise an appointment, limited as to its duration to a specified period, to be made to the office without reference to such qualifications and thereupon such appointment may be so made.

(7) A person appointed to any office in pursuance of an authorisation under subsection (6) of this section shall (unless for any reason he has previously ceased to hold office) cease to hold office on the occurrence of whichever of the following events first occurs:

(a) the expiration of the period specified in that behalf in the authorisation,

(b) the appointment to the office of a person possessing the qualifications for the time being declared under this section to be the qualifications for the office.

(8) For the purposes of this section, the fact that a person has been recommended by the Local Appointments Commissioners for appointment to any office shall be conclusive evidence that he possessed at the time of the recommendation the qualifications (if any) for the time being declared under this section to be the qualifications for the office.

(9) The Local Appointments Commissioners shall, before recommending a person to a harbour authority for appointment to any office, satisfy themselves that such person possesses the requisite knowledge and ability for the proper discharge of the duties of the office.

Age limit for offices.

43. —(1) The Minister may prescribe any specified age to be the age limit for every office under a harbour authority to which the Local Authorities (Officers and Employees) Acts, 1926 and 1940, as applied by this Act, apply, or for every such office as belongs to a specified class, description or grade or for one or more specified such offices.

(2) Every regulation for the purposes of this section shall come into force six months after the day on which it is made.

(3) Where a regulation for the purposes of this section is for the time being in force in relation to any particular office, the following provisions shall have effect:

(a) if on the day when the regulation comes into force there is a holder of the office, the regulation shall not apply to such holder,

(b) if, on a day after the said day, a holder of the office (other than a holder to whom paragraph (a) of this subsection relates), reaches the age specified in the regulation as the age limit for the office, he shall cease to hold the office on the day on which he reaches that age.

Removal of officer other than General Manager.

44. —(1) A harbour authority may suspend or, with the sanction of the Minister, remove any officer in their service.

(2) This section shall not apply in respect of the General Manager of a harbour.

Amalgamation of offices.

45. —(1) Where the Minister is of opinion that any particular offices under a harbour authority should be amalgamated, he may, subject to the provisions of this section and after consultation with the harbour authority, by order amalgamate the offices, and thereupon the offices shall be deemed for all purposes to be one office under such title (if any) as is specified in the order.

(2) Offices shall not be amalgamated under this section unless—

(a) each of the offices is vacant, or

(b) each of the offices is held by the same person, or

(c) one only of the offices being not vacant, the holder thereof consents to the making of the order, or

(d) in any other case, the same person holds each of such of the offices as are not vacant and such person consents to the making of the order.

(3) An order under this section amalgamating any offices may adapt any reference in this Act to any office under a harbour authority in such manner as the Minister considers necessary having regard to such amalgamation.

(4) The Minister may by order revoke or amend an order previously made by him under this section.

Provisions as respects certain first appointments.

46. —(1) Where—

(a) a person was, immediately before the passing of this Act, General Manager or General Manager and Secretary of a harbour the harbour authority for which is mentioned in Part I of the First Schedule to this Act, and

(b) he was appointed to that office either before the 1st day of January, 1945, or on the recommendation of the Local Appointments Commissioners,

such person shall be deemed to have been duly appointed under section 39 of this Act immediately upon the passing of this Act to be the first General Manager under this Act of the harbour.

(2) Where a person was, immediately before the passing of this Act, secretary of a harbour the harbour authority for which is mentioned in Part I of the First Schedule to this Act and was appointed to that office before the 1st day of January, 1946—

(a) such person shall, subject to the provisions of this Act, continue to hold that office after the passing of this Act,

(b) where, in the case of Dublin Harbour, subsection (1) of this section does not apply, the following provisions shall have effect until an appointment is made to the office of General Manager under this Act of Dublin Harbour:

(i) the said office shall be deemed not to be created, save for the purposes of making such appointment and for the purposes of subsection (3) of this section,

(ii) the references in subsections (3) and (6) of section 39 and sections 174 , 175 and 176 of this Act to the General Manager of a harbour shall include a reference to such person.

(3) Where immediately before the passing of this Act the Local Appointments Commissioners were engaged in the selection of a person or persons to be recommended for appointment to be General Manager of a harbour, such selection shall be completed in such manner as the said Commissioners think proper, and the person so selected and recommended by the said Commissioners for appointment shall be appointed General Manager of the harbour under section 39 of this Act as if the said selection and recommendation were made on a request, made by the harbour authority on the passing of this Act under section 6 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), as applied by this Act, in relation to the office of General Manager created by this Act.

(4) Where a person was, immediately before the passing of this Act, secretary of a harbour the harbour authority for which is mentioned in Part II of the First Schedule to this Act, such person shall be deemed to have been duly appointed under section 38 of this Act immediately upon the passing of this Act to be the first secretary under this Act of the harbour.

(5) Where a person was, immediately before the passing of this Act, harbour master, collector of rates or harbour master and collector of rates of a harbour, such person shall be deemed to have been duly appointed under section 38 of this Act immediately upon the passing of this Act to be the first harbour master, collector of rates or harbour master and collector of rates (as may be appropriate) under this Act of the harbour.