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2 1941

PIER AND HARBOUR PROVISIONAL ORDER CONFIRMATION ACT, 1941

SCHEDULE.

Waterford Harbour Order, 1941.

ORDER FOR AUTHORISING THE PAYMENT OF PENSIONS, ALLOWANCES AND GRATUITIES TO OFFICERS AND SERVANTS OF THE COMMISSIONERS FOR IMPROVING THE PORT AND HARBOUR OF WATERFORD, AND FOR OTHER PURPOSES.

Short Title.

1. This Order may be cited as the Waterford Harbour Order, 1941, and shall be read and construed as one with the Waterford Harbour Acts, 1846 to 1904, and the Waterford Harbour Act, 1919 and this Order may be cited, with the Waterford Harbour Acts, 1846 to 1904, and the Waterford Harbour Act, 1919, as the Waterford Harbour Acts, 1846 to 1941.

Commencement of Order.

2. This Order shall come into operation upon the day on which the Act confirming this Order is passed.

Interpretation.

3. In this Order—

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “The Commissioners” means the Commissioners for improving the Port and Harbour of Waterford.

Pensions, allowances and gratuities.

4. (1) The Commissioners may, if they so think fit, but subject to the previous consent in writing of the Minister grant to any whole-time officer or servant in their employment who either—

(a) has attained the age of 65 years and has not less than 25 years' continuous service with the Commissioners, or

(b) becomes incapable of discharging his duties with efficiency by reason of permanent infirmity of mind or body, not caused by his own misconduct, or of old age, and who has not less than ten years' continuous service with the Commissioners,

upon his resigning or otherwise ceasing to be employed, an annual allowance for his life, not exceeding in any case two-thirds of his annual remuneration and emoluments, and subject to that overriding limitation, not exceeding an annual sum calculated at the rate of one-sixtieth of his annual remuneration and emoluments for every completed year of service with the Commissioners.

(2) The Commissioners may, if they so think fit, but subject to the previous consent in writing of the Minister grant to any whole-time officer or servant in their employment who has not less than ten years' continuous service with the Commissioners, and who retires or is removed from his employment in consequence of the abolition of his office or situation or for the purpose of facilitating improvements in the organisation or working of the undertaking of the Commissioners, by which greater efficiency and economy can be effected, upon his retirement or removal, such special annual allowance for his life, by way of compensation, as, on full consideration of the circumstances, shall appear to the Commissioners to be a reasonable and just compensation for the loss of his office or situation, but not exceeding in any case two-thirds of his annual remuneration and emoluments and, subject to that over-riding limitation, not exceeding an annual sum calculated at the rate of one-sixtieth of his annual remuneration and emoluments for every completed year of service with the Commissioners.

(3) The Commissioners may, if they so think fit, but subject to the previous consent in writing of the Minister grant to any whole-time officer or servant in their employment who has had less than ten years' continuous service with the Commissioners, and who either—

(a) becomes incapable of discharging his duties with efficiency by reason of permanent infirmity of mind or body, not caused by his own misconduct, or by reason of old age, or

(b) retires or is removed from his employment in consequence of the abolition of his office or situation, or for the purpose of facilitating improvements in the organisation or working of the undertaking of the Commissioners, by which greater efficiency and economy can be effected,

upon his retiring or ceasing to be employed, a gratuity not greater than one-twelfth of his annual remuneration and emoluments for every completed year of service with the Commissioners.

(4) For the purposes of the foregoing sub-sections of this section, no person employed by the Commissioners as Harbour Master shall be regarded as not being a whole-time officer in their employment by reason only of the fact that such person is also employed by the Commissioners (in their capacity of a pilotage authority) as Pilotage Superintendent.

(5) The payment of any allowance or gratuity authorised to be paid by this section shall be a purpose to which the rates, tolls, duties, or other income received by the Commissioners may be applied.

(6) In this section the expression “annual remuneration and emoluments” means in relation to any officer or servant who has been employed for not less than three years the average annual amount of his remuneration and emoluments during the three years ending on the day on which he resigns or otherwise ceases to be employed, and in relation to an officer or servant who has been employed for less than three years the average annual amount of his remuneration and emoluments during his whole period of service or employment; and the expression “emoluments” includes all fees, poundage, and other payments appertaining to his office or employment made to any officer or servant for his own use, and also the money value of any apartments, rations or other allowances in kind appertaining thereto.

Power to reduce annual allowances.

5. Should it appear that, in any year, payment in full of any annual allowance for life or any special annual allowance for life granted by the Commissioners and authorised to be paid under the provisions of this Order would cause the revenues of the said port and harbour of Waterford to be insufficient to provide for what may be annually required for the administration and maintenance of the said port and harbour, then, and in that case, and as often as it shall so happen, the Commissioners shall, in reference to the year in which such insufficiency shall occur, reduce the said allowances payable for that particular year to such smaller allowances as the Commissioners shall think fit but so that each such allowance shall be reduced by the same proportion.

Granting of allowances or gratuities to be extraordinary business.

6. Proposals for the granting of any annual allowance for life or any special annual allowance for life, or any gratuity, or for the reduction of any such allowances, under the provisions of this Order shall be extraordinary business for the purposes of the application thereto of the provisions of Clause XLIII of the Commissioners Clauses Act, 1847.

Prohibition of alienation of allowances or gratuities.

7. (1) Every assignment of and every charge on and every agreement to assign or charge an annual allowance for life or a special allowance for life granted under this Order shall be void.

(2) No annual allowance for life or special annual allowance for life granted under this Order shall be capable of being taken in execution or otherwise alienated by process of law for the payment of any debts or liabilities of the person to whom such allowance or gratuity was so granted.

Incorporation of Harbour Clauses Act, 1847.

8. The Harbours, Docks and Piers Clauses Act, 1847, shall be incorporated with this Order to the extent only to which it is incorporated with the Waterford Harbour Acts, 1846 to 1904, and the Waterford Harbour Act, 1919.

Costs of Order.

9. All costs, charges and expenses of and incident to the preparation and obtaining of this Order or otherwise necessarily incurred in relation thereto as taxed by the proper officer shall be paid by the Commissioners out of any of their funds.