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23 1941

LOCAL GOVERNMENT ACT, 1941

Chapter II.

Provisions applicable to both major and other offices.

General Regulations in relation to offices and their holders.

19. —(1) The appropriate Minister may, for all or any of the following purposes, make regulations applying to all the offices in relation to which he is the appropriate Minister and their holders or to such of those offices as belong to a specified class, description, or grade and their holders, that is to say:—

(a) determining remuneration,

(b) regulating the payment and amount of travelling expenses,

(c) determining hours of duty,

(d) providing for records of attendance,

(e) regulating the granting of sick and other leave and the payment of remuneration during leave,

(f) requiring holders to give security for the due and proper performance of their duties and regulating the nature and amount of such security,

(g) prescribing the procedure to be followed by local authorities in making appointments otherwise than on the recommendation of the Local Appointments Commissioners and in obtaining candidates when proposing to make appointments as aforesaid,

(h) regulating continuance in and cesser of office,

(i) fixing periods, upon the expiration of which in relation to holders respectively, they shall cease to hold office unless they have theretofore satisfied or complied with specified requirements or conditions,

(j) providing, in case of holders being ill, absent, or incapacitated, for the performance by deputy of such of their duties as relate to the functions of a local authority.

(2) Without prejudice to the provisions of the next following sub-section of this section, every regulation under this section shall have the force of law in accordance with its terms in relation to the offices and holders of offices to which such regulation applies.

(3) The appropriate Minister may, subject to such conditions (if any) as he thinks proper, authorise a departure to be made in any particular case from any regulation under this section and thereupon it shall be lawful, subject to compliance with the said conditions (if any), to make in that particular case the departure so authorised.

Powers of appropriate Minister in relation to duties of office.

20. —(1) The appropriate Minister may by declaration do all or any of the following things in respect of a specified office in relation to which he is the appropriate Minister or in respect of such of the offices in relation to which he is the appropriate Minister as belong to a specified class, description or grade, that is to say:—

(a) define the duties of holders thereof,

(b) assign a particular duty to holders thereof,

(c) define the places or limits within which all or any of the duties of holders thereof are to be performed.

(2) Every declaration made under this section shall have the force of law in relation to the office or offices in respect of which it was made and to holders thereof.

Qualifications for offices.

21. —(1) The appropriate Minister may declare a qualification of any of the following classes or descriptions to be a qualification for a specified office in relation to which he is the appropriate Minister or for such of the offices in relation to which he is the appropriate Minister 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 appropriate 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 such office so require.

(3) Before declaring under this section that any qualification is a qualification for any office to which the Act of 1926 applies, the appropriate Minister shall consult with the Local Appointments Commissioners.

(4) Sub-sections (1) and (2) of section 7 of the Act of 1926 shall cease to have effect in relation to every office under a local authority, and every reference in that Act to the qualifications prescribed under that Act shall be construed in relation to every office under a local 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) For the purposes of the Act of 1926, none of the following qualifications shall be deemed to be professional or technical, that is to say:—

(a) certification as a midwife,

(b) registration as a nurse,

(c) any qualification relating to training or experience as a nurse or midwife,

(d) any qualification relating to the knowledge required by a nurse or midwife.

(6) Subject to the provisions of the next following sub-section 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.

(7) 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 appropriate Minister may, on the application of the local authority concerned, authorise an appointment, limited as to its duration to a specified period, to be made to such office without reference to such qualifications and thereupon such appointment may be so made,

(8) A person appointed to any office in pursuance of an authorisation under the immediately preceding sub-section 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, that is to say:—

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

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

(9) 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 such recommendation the qualifications (if any) for the time being declared under this section to be the qualifications for such office.

(10) The Local Appointments Commissioners shall, before recommending a person to a local 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 such office.

Inclusive remuneration.

22. —(1) Subject to the provisions of the next following sub-section of this section, where the remuneration payable to the holder of any office is fixed or altered by the appropriate Minister, the appropriate Minister may direct that such holder shall pay over to the local authority under which such office is held any fees or other moneys (other than such remuneration as so fixed or altered) payable to and received by such holder by virtue of such office or in respect of services which the holder of such office is required by or under any enactment to perform.

(2) Where a person is for the time being the holder of a particular office, no direction shall, save with his consent, be given under this section in relation to such person as the holder of that office.

(3) Where a direction has been given under this section for the payment to a local authority by the holder of an office of any fees or other moneys, it shall be the duty of such holder to account for and pay over to such local authority the said fees or moneys.

(4) Where the holder of an office in relation to whom a direction under this section is given also holds an office under a Department of State, any fees or other moneys received by such holder by virtue of the latter office shall be deemed for the purposes of this section to be received by such holder by virtue of the former office.

Age limit.

23. —(1) The appropriate Minister may declare any specified age to be the age limit for all the offices in relation to which he is the appropriate Minister or for such of those offices as belong to a specified class, description, or grade or for one or more specified such offices.

(2) Every declaration under this section shall come into force six months after the day on which it is made.

(3) Where a declaration under this section is for the time being in force in relation to any particular office, the following provisions shall have effect, that is to say:—

(a) if on the day when such declaration comes into force there is a holder of such office and such holder, on that day, reaches or is older than the age specified in such declaration as the age limit for such office, such holder shall cease to hold such office on the said day when such declaration comes into force;

(b) if on a day after the day when such declaration comes into force any holder of such office reaches the age specified in such declaration as the age limit for such office, such holder shall cease to hold such office on the said day after the day on which such declaration comes into force.

(4) Any person who ceases under the immediately preceding sub-section of this section to hold an office shall, where necessary for the purposes of sub-section (1) of section 44 of the Act of 1925 or of any other enactment relating to the superannuation of officers of local authorities, be deemed to have become incapable of discharging the duties of such office with efficiency by reason of old age and shall, where necessary for the purposes of the Local Government (Ireland) Act, 1919, be deemed to have resigned such office with the consent of the Minister.

Requisition to resign from office.

24. —(1) Where the appropriate Minister is satisfied—

(a) that the holder of an office does not possess a qualification which before the appointment of such holder to such office, has been declared under this Part of this Act to be a qualification for such office, or

(b) that, on account of any alteration (whether it has already occurred or is in contemplation) in the conditions of service or the nature or extent of the duties attached to such office, it is in the public interest that the holder of such office should resign therefrom,

the appropriate Minister may require the holder of such office to resign within a specified period and, if such holder refuses to resign from such office or fails to resign from such office within the said period, may by order remove such holder from such office.

(2) Subject to the provisions of the next following sub-section of this section every holder of an office who is required under this section to resign from such office within a specified period and has complied with such requirement in that period or has been removed from such office under this section shall, for the purposes of any enactment relating to superannuation or compensation for loss of office, be deemed to have been removed from such office for a cause other than misconduct or incapacity.

(3) The provisions of the immediately preceding sub-section of this section shall not have effect in either of the following cases, that is to say:—

(a) where the holder of an office is required under this section to resign therefrom by reason of his not possessing a qualification declared under this Part of this Act before his appointment to such office to be a qualification therefor;

(b) where—

(i) the holder of an office (in this paragraph referred to as the first office) is required under this section to resign therefrom within a specified period, and

(ii) such holder either complies with such requirement in that period or is removed from the first office under this section, and

(iii) the relevant local authority, before such resignation or removal (as the case may be) from the first office, offers to appoint such holder to another office the salary and emoluments of which are not less than those of the first office, and

(iv) such holder, before his resignation or removal (as the case may be) from the first office, refused or failed to accept such appointment, and

(v) the position of such holder would, in the opinion of the Minister, not be materially altered to his detriment if he were transferred from the first office to such other office.

(4) For the purposes of the application of this section to a person holding office immediately before the commencement of this section, every (if any) qualification which was prescribed under the Act of 1926 for such office before the appointment of such person thereto shall be deemed to have been declared under this Part of this Act before such appointment to be a qualification for such office.

Removal from office by appropriate Minister.

25. —(1) For the purposes of this section, the following shall be the statutory grounds for the removal of the holder of an office from such office, that is to say:—

(a) unfitness of such holder for such office,

(b) the fact that such holder has refused to obey or carry into effect any order lawfully given to him as the holder of such office, or has otherwise misconducted himself in such office,

and, in this section, the expression “statutory grounds for removal from office” shall be construed accordingly.

(2) Where the appropriate Minister is satisfied as a result of any local inquiry that any of the statutory grounds for removal from office exists as regards the holder of an office, the appropriate Minister may by order remove such holder from such office.

(3) Where the appropriate Minister is of opinion that any of the statutory grounds for removal from office exists as regards the holder of an office, the appropriate Minister may send by post to such holder at the principal office of the local authority under which such holder holds such office a notice in writing stating the said opinion, and if the appropriate Minister, after the expiration of seven days from the sending of such notice and after consideration of the representations (if any) made to him by such holder, remains of the said opinion, he may by order remove such holder from such office.

(4) Where the holder of an office is convicted of an offence which, in the opinion of the appropriate Minister, renders him unfit for such office, the appropriate Minister may by order remove such holder from such office.

Removal from office by local authority.

26. —(1) The appropriate Minister may empower the relevant local authority to remove from office with the consent of the Minister the holder of any office and may define the procedure to be adopted and the conditions to be fulfilled in relation to the exercise of the power so conferred.

(2) The powers conferred by this section on the appropriate Minister shall be exercised by means of regulations applying to all the offices in relation to which he is the appropriate Minister or to such of those offices as belong to a specified class, description, or grade.

(3) Every local authority to which any regulations under this section apply shall, subject to the terms of such regulations, have the powers of removal from office specified therein.

Suspension of officers.

27. —(1) Whenever in respect of the holder of an office under a local authority there is, in the opinion of such local authority or of the appropriate Minister, reason to believe that such holder has failed to perform satisfactorily the duties of such office or has misconducted himself in relation to such office or is otherwise unfit to hold such office, such local authority or the appropriate Minister (as the case may be) may suspend such holder from the performance of the duties of such office while such alleged failure, misconduct, or unfitness is being inquired into and the disciplinary action (if any) to be taken in regard thereto is being determined.

(2) The appropriate Minister may terminate a suspension under this section and every such suspension shall continue until so terminated.

(3) Whenever the holder of an office under a local authority is suspended under this section, he shall forthwith hand over to such local authority all books, deeds, contracts, accounts, vouchers, maps, plans and other documents in his possession, custody, or control which relate to such office.

(4) The holder of an office who is suspended under this section shall not be paid any remuneration in respect of such office during the continuance of his suspension and, upon the termination of his suspension, the remuneration which he would, had he not been suspended, have been paid during the period of suspension shall be wholly or partly forfeited, or paid to him, or otherwise disposed of, as the appropriate Minister shall direct.

(5) Nothing in this section shall be construed as removing any restriction under any enactment in force immediately before the commencement of this section or coming into force at the same time as such commencement on the exercise of the power to suspend a city manager or a county manager.

(6) Section 11 of the Act of 1926 shall cease to have effect in relation to officers and servants of local authorities.