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S.I. No. 97/1943 - Local Offices (Gaeltacht) (Amendment) Order, 1943.

STATUTORY RULES AND ORDERS. 1943. No. 97.

LOCAL OFFICES (GAELTACHT) (AMENDMENT) ORDER, 1943.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

WHEREAS by paragraph (h) of sub-section (1) of section 19 of the Local Government Act, 1941 , (hereinafter referred to as " the Act of 1941 "), it is provided in effect that the Minister for Local Government and Public Health (hereinafter referred to as " the Minister ") may make 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 and their holders for the purpose, amongst others, of regulating continuence in and cesser of office :

AND WHEREAS in pursuance of section 15 of the Local Government (Temporary Provisions) Act, 1923 , now repealed, the Minister did by the Local Offices and Employments (Gaeltacht) Orders, 1928 to 1942, and the Local Offices and Employments (Gaeltacht) (Amendment) (No. 2) Order, 1942, regulate the continuance in office of persons appointed to certain offices as therein specified, if the duties thereof were to be performed in or in relation to the Gaeltacht, as therein defined, or any part thereof:

AND WHEREAS by section 14 of the Act of 1941, it is provided amongst other things, that every order by whomsoever made, which is lawfully in force immediately before the commencement of the said section and which regulates the continuance in office of holders of any office shall, from and after such commencement, and in so far as it is not inconsistent with Part II of the Act of 1941, continue in force and be deemed to be made by the appropriate Minister under the said Part II of the Act of 1941, and to be capable of being amended or revoked accordingly:

AND WHEREAS the said Local Offices and Employments (Gaeltacht) Orders, 1928 to 1942, and the Local Offices and Employments (Gaeltacht) (Amendment) (No. 2) Order, 1942, are orders which were lawfully in force before the commencement of the said section 14 of the Act of 1941:

AND WHEREAS it is expedient to amend the said Orders:

NOW THEREFORE, the Minister in exercise of the powers vested in him by sections 14 and 19 of the the Act of 1941, and of all other powers in this behalf enabling him, does by this his Order make the following regulations, that is to say:—

1. (1) This Order may be cited as the Local Offices (Gaeltacht) (Amendment) Order, 1943.

(2) This Order shall be read and construed as one with the Local Offices and Employments (Gaeltacht) Orders, 1928 to 1942, and the Local Offices and Employments (Gaeltacht) (Amendment) (No. 2) Order, 1942, and may be cited collectively together therewith as the Local Offices (Gaeltacht) Orders, 1928 to 1943.

(3) In this Order—

the expression " the Principal Order " means the Local Offices and Employments (Gaeltacht) Order, 1928;

the expression " local authority " has the same meaning as in Part II of the Act of 1941;

the expression " the Order of 1931 " means the Local Offices and Employments (Gaeltacht) Order, 1931; and

the expression " the Order of 1932 " means the Local Offices and Employments (Gaeltacht) (Amendment) Order, 1932.

2.—(1) The provisions of the Principal Order, as amended by the Order of 1931 and the Order of 1932, shall extend to any office under a board of public assistance in relation to which the Minister is the appropriate Minister, and which is an office as described in the First Schedule to the Principal Order as amended by Article 3 of the Order of 1931.

(2) The Principal Order, the Order of 1931, and the Order of 1932, shall in their application to the Minister be read and construed as if references therein to an office or employment or offices and employments were respectively construed as references to an office or offices within the meaning of the Act of 1941 in relation to which the Minister is the appropriate Minister.

3. (1) This Article shall apply to every person who at the date of this Order holds an office under a local authority in relation to which the Minister is the appropriate Minister, and who was required by Article 3 of the Principal Order, as amended by subsequent Orders, to satisfy the Minister before the 27th day of February, 1943, that he or she possessed the knowledge of the Irish language mentioned in Article 3 of the Principal Order.

(2) Article 3 of the Principal Order, as amended by subsequent Orders, shall in its application to a person to whom this Article applies, be amended so as to provide that such person may continue in his or her office until the 31st day of July, 1943, inclusive, but shall not continue in such office after the said 31st day of July, 1943, inclusive, unless before the said date the Minister is satisfied, in accordance with the Principal Order, that such person possesses the knowledge of the Irish language mentioned in the said Article 3 of the Principal Order.

Given under the Official Seal of the Minister for Local Government and Public Health this Twenty-seventh day of February, One Thousand Nine Hundred and Forty-three.

(Signed) SEÁN MacENTEE,

Minister for Local Government and Public Health.