First Previous (PART II. Expenses of Certain Local Authorities.) Next (PART IV. Construction and Reconstruction of Bridges, Viaducts and Tunnels.)

24 1946

LOCAL GOVERNMENT ACT, 1946

PART III.

Offices and Employments under Local Authorities.

Definitions for Part III.

35. —In this Part of this Act, the expressions “the appropriate Minister”, “major office” and “local authority” and the word “office” have the same meanings respectively as they have in Part II of the Act of 1941.

Amalgamation of offices.

36. —(1) Where the same Minister is the appropriate Minister in relation to any particular offices, such Minister may, subject to the provisions of this section and after consultation with the local authority or local authorities concerned, 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) Where offices amalgamated under this section are not all under the same local authority, the following provisions shall have effect :—

(a) appointments to the amalgamated office shall be made by such one of the local authorities concerned as the appropriate Minister shall by order specify,

(b) the holder of the amalgamated office shall be entitled to payment of remuneration either, as the appropriate Minister shall by order provide, in respect of each of the offices so amalgamated from the local authority under whom it is held or in respect of the amalgamated office from the local authorities concerned in specified proportions,

(c) the appropriate Minister may by order provide for the payment to the holder of the amalgamated office by one of the local authorities concerned of all the remuneration to which the holder is entitled either (as the case may be) in respect of each of the offices so amalgamated or in respect of the amalgamated office, and for the repayment to that local authority—

(i) in case the local authorities concerned are two in number, by the other local authority concerned of the portion of such remuneration payable by them, and

(ii) in case the local authorities concerned are three or more in number, by the other local authorities concerned of the portions of such remuneration respectively payable by them,

(d) a sum repayable under an order made under paragraph (c) of this subsection to a local authority by another local authority may be recovered by the first-mentioned authority from the other authority as a simple contract debt in any court of competent jurisdiction.

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

(5) An order made under section 32 (repealed by this Act) of the Act of 1941 and in force immediately before the commencement of this section shall continue in force and shall be deemed to have been made under this section and to be capable of being amended or revoked accordingly.

Retention of office by married women.

37. —The inclusion in the conditions of an appointment made to an office at any time (including a time, whether before or after the commencement of Part II of the Act of 1941) before the commencement of this section of a condition that any woman appointed should resign such office on marriage or any similar condition shall, for the purposes of section 24 of the Act of 1941, be deemed to be a declaration made under Part II of the Act of 1941 before the appointment of the qualification for such office that any woman holding it be either unmarried or a widow.

Performance of duties of office by deputy.

38. —(1) Where the appropriate Minister is of opinion that, on account of special circumstances, the duties of a particular office cannot or should not be performed during a particular period by the holder of the office in person, the appropriate Minister may by order authorise the holder to perform the duties of the office by deputy during that period.

(2) An order under subsection (1) of this section shall not remain in force for a longer period than six months but may be replaced by a further order or orders if the appropriate Minister is satisfied that the special circumstances continue to exist.

(3) Where an order is made under this section authorising the holder of an office to perform the duties of the office by deputy during any period, the duties shall be performed during that period by a deputy nominated by the holder with the approval of the appropriate Minister.

(4) Before approving under subsection (3) of this section of the nomination of a deputy, the appropriate Minister shall satisfy himself that the deputy possesses the qualifications (if any) required for holders of the office in question and the knowledge and ability to discharge those duties properly.

(5) The appropriate Minister may withdraw an approval given under subsection (3) of this section and thereupon the nomination which was the subject of the approval shall terminate.

(6) Where the making of any order, the giving of any certificate, approval or sanction or the doing of any other act by the holder of an office is required for the purposes of any enactment or order, such order, certificate, approval, sanction or act, when made, given or done by a deputy nominated under subsection (3) of this section during a period when the holder is authorised by an order under this section to perform the duties of the office by deputy, shall be as valid for all purposes as if it had been made, given or done by the holder in person.

Restriction on officers engaging in other gainful occupations.

39. —(1) If the Minister is of opinion that on account of the nature or extent of the duties of an office it is inexpedient that the holder of such office should engage in any other gainful occupation without the permission of the local authority by which appointments to such office are made and the consent of the Minister, the Minister may give a direction to that effect and such direction shall have effect according to the terms thereof.

(2) The Minister may revoke any direction given under subsection (1) of this section.

Amendment of section 21 of the Act of 1941.

40. Section 21 of the Act of 1941 is hereby amended by the addition at the end of the section of the following subsection :—

“(11) Where the appropriate Minister declares under this section qualifications for a specified office in relation to which he is the appropriate Minister, no additional qualifications for that office shall be fixed by the relevant local authority without the consent of the appropriate Minister.”

Amendment of subsection (1) of section 26 of Act of 1941.

41. —Subsection (1) of section 26 of the Act of 1941 is hereby amended by the insertion of the word “appropriate” before the word “Minister” where the latter word occurs secondly.

Remuneration of servants and of certain officers.

42. —(1) In this section, the word “employment” shall be construed as including, in addition to the employment of a servant of a local authority, an office other than a major office.

(2) A local authority shall not—

(a) pay remuneration in respect of an employment held by any person immediately before the 26th day of August, 1942, unless they pay the remuneration either at a rate not greater than the rate at which they paid remuneration in respect of the employment immediately before that date or at a higher rate for the time being sanctioned by the appropriate Minister, or

(b) pay remuneration in respect of an employment of a class the same as one in which they employed persons immediately before the 26th day of August, 1942, unless they pay the remuneration either at a rate not greater than the rate at which they paid remuneration in respect of employment of that class immediately before that date or at a higher rate for the time being sanctioned by the appropriate Minister, or

(c) pay remuneration to a person employed or appointed after the commencement of this section to fill a vacancy in an employment as respects which neither paragraph (a) nor paragraph (b) of this subsection is applicable unless they pay the remuneration either at a rate not greater than the rate at which they paid remuneration in respect of the employment immediately before the occurrence of the vacancy or at a higher rate for the time being sanctioned by the appropriate Minister, or

(d) pay remuneration in respect of an employment as respects which neither paragraph (a), paragraph (b) nor paragraph (c) of this subsection is applicable unless they pay the remuneration at a rate for the time being sanctioned by the appropriate Minister.

(3) The appropriate Minister may at any time revoke a sanction given by him for the purposes of subsection (2) of this section.

(4) If the Emergency Powers (No. 216) Order, 1942 (S. R. & O., No. 433 of 1942), is revoked on the date of the commencement of this section, a sanction which was given by the Minister for the purposes of Article 3 of that Order shall continue in force and be deemed to be a sanction given by the Minister for the purposes of subsection (2) of this section and shall be capable of being revoked accordingly.