S.I. No. 22/1965 - Committees of Agriculture (Officers' Travelling Expenses and Maintenance Allowance and Expenses) Regulations, 1965.

S.I. No. 22 of 1965.

COMMITTEES OF AGRICULTURE (OFFICERS' TRAVELLING EXPENSES AND MAINTENANCE ALLOWANCE AND EXPENSES) REGULATIONS, 1965.

I, CHARLES J. HAUGHEY, Minister for Agriculture, in exercise of the powers conferred on me by section 28 of the Agriculture Act, 1931 (No. 8 of 1931) and section 6 of the Agriculture (Amendment) Act, 1958 (No. 17 of 1958), hereby make the following regulations:—

1. These Regulations may be cited as the Committees of Agriculture (Officers' Travelling Expenses and Maintenance Allowance and Expenses) Regulations, 1965.

2. The Interpretation Act, 1937 (No. 38 of 1937) applies to these Regulations.

3.—(1) The allowance of travelling and maintenance expenses to officers of committees of agriculture who have to travel in the performance of their duties and the rates of such travelling and maintenance expenses shall, in the cases specified in the Schedule hereto, be in accordance with the provisions of that Schedule.

(2) This Article, in so far as it provides for the allowance and rates of travelling expenses, shall be deemed to have come into operation on the 1st day of April, 1964.

4.—(1) The following Regulations are hereby revoked:

(a) the Committees of Ariculture (Officers' Travelling Expenses and Maintenance Allowance and Expenses) Regulations, 1956 ( S.I. No. 70 of 1956 ),

(b) the Committees of Agriculture (Officers' Travelling Expenses and Maintenance Allowance and Expenses) Regulations 1956 (Amendment) Regulations, 1957 ( S.I. No. 92 of 1957 ),

(c) the Committees of Agriculture (Officers' Travelling Expenses and Maintenance Allowance and Expenses) Regulations, 1956 (Amendment) Regulations, 1958 ( S.I. No. 221 of 1958 ),

(d) the Committees of Agriculture (Officers' Travelling Expenses and Maintenance Allowance and Expenses) Regulations, 1956 (Amendment) Regulations, 1959 ( S.I. No. 226 of 1959 ),

(e) the Committees of Agriculture (Officers' Travelling Expenses and Maintenance Allowance and Expenses) Regulations, 1956 (Amendment) Regulations, 1960 ( S.I. No. 149 of 1960 ),

(f) the Committees of Agriculture (Officers' Travelling Expenses and Maintenance Allowance and Expenses) Regulations, 1956 (Amendment) Regulations, 1961 ( S.I. No. 244 of 1961 ),

(g) the Committees of Agriculture (Officers' Travelling Expenses and Maintenance Allowance and Expenses) Regulations, 1956 (Amendment) Regulations, 1963 ( S.I. No. 226 of 1963 ).

(2) Paragraph (1) of this Article shall, in so far as it applies as respects the allowance of travelling expenses to officers of committees of agriculture and the rates of such expenses, be deemed to have come into operation of the 1st day of April, 1964.

5. Subject to paragraph (2) of Article 3 and paragraph (2) of Article, 4, these Regulations shall be deemed to have come into operation on the 1st day of January, 1964.

SCHEDULE.

TRAVELLING EXPENSES AND MAINTENANCE ALLOWANCE AND MAINTENANCE EXPENSES OF OFFICERS OF COMMITTEES OF AGRICULTURE.

PART I.

Preliminary.

1. In this Schedule—

"committee" means a committee of agriculture;

"the county" means, in relation to a committee, the county in respect of which such committee is the committee, and "within the county" and "outside the county" shall be construed accordingly;

"district" means, in relation to an officer of a committee, the part of the county assigned by a committee to such officer for the performance of his official duties;

"existing" in relation to an officer of a committee means a person who is an officer of a committee on the date of the making of these regulations;

"the Minister" means the Minister for Agriculture.

PART II.

Travelling Expenses.

2.—(1) Every committee shall, subject to the provisions of this paragraph, pay to each of its officers, in respect of all necessary travelling within the county done by him in the course of his duties as such officer, travelling expenses at the rates fixed by this Part of this Schedule.

(2) Each committee shall in each year fix in respect of each one of its officers the sum which, having regard to all the circumstances of the case, appears to the committee to be the maximum amount of travelling expenses which it would be reasonable for the officer to incur in that year.

(3) The total amount of travelling expenses paid under this paragraph to any officer in respect of travelling in any year shall not exceed, without the consent in writing of the Minister, the maximum amount fixed under subparagraph (2) of this paragraph.

3. Travelling expenses at the rates fixed by this Schedule may be paid by a committee to its officers in respect of necessary travelling by the officers outside the county in the course of or in connection with the duties of such officers, if, in the opinion of the committee, such expenses should be paid, and if the Minister approves in writing of such payments being made by the committee.

4.—(1) The rates at which travelling expenses shall be paid by a committee to its officers in respect of necessary travelling by the officer whether within the county or outside the county shall be as follows, that is to say:—

(a) the actual railway fare expended by the officer on such class as is approved by the committee and the Minister, or the actual omnibus fare expended by the officer, and

(b) a rate of two pence per mile in respect of the use of a pedal cycle, and

(c) a rate of three pence half-penny per mile for mileage up to four thousand per year and two pence per mile for mileage in excess of four thousand per year in respect of the use of a motor-cycle without a side-car, and

(d) a rate of four pence per mile for mileage up to four thousand per year and two pence farthing per mile for mileage in excess of four thousand per year in respect of the use of a motor-cycle with side-car, and

(e) a rate of ten pence per mile for mileage up to four thousand per year and five pence farthing per mile for mileage in excess of four thousand per year in respect of the use of a motor-car which the horse-power is less than ten, and

( f) a rate of eleven pence farthing per mile for mileage up to four thousand per year and five pence three farthings per mile for mileage in excess of four thousand per year in respect of the use of a motor-car of which the horse-power is not less than ten and less than twelve, and

(g) a rate of one shilling per mile for mileage up to four thousand per year and seven pence farthing per mile for mileage in excess of four thousand per year in respect of the use of a motor-car of not less than twelve horse-power, and

(h) the amount paid for hire of a conveyance where the hire is justified by special circumstances and subject to such directions as may be given by a committee to its officers in connection with arrangements for the hiring of conveyances.

(2) For the purpose of this paragraph the horse-power of a motor-car shall be the horse-power as reckoned for taxation purposes.

PART III.

Maintenance Allowance and Maintenance Expenses.

5.—(1) Subject to the provisions of this paragraph a maintenance allowance towards subsistence expenses shall be granted and paid at the rates mentioned in this subparagraph by a committee to the following officers in respect of travelling within the county in the course of their official duties, that is to say—

(a) at the rate of £95 per annum to Chief Agricultural Officers, Deputy Chief Agricultural Officers, Instructors in Agriculture, Instructors in Horticulture and Bee-keeping, Instructors in Forestry and County Foresters,

(b) at the rate of £75 per annum to Instructors in Poultry-keeping and Butter-making.

(2) Whenever any of the officers mentioned in clause (a) or clause (b) of subparagraph (1) of this paragraph are, in any period of twelve months, absent from their duties for more than six weeks on account of sick leave or for a period or periods of sick and annual leave which together amount to more than eight weeks, the said sum of £95 mentioned in the said clause (a) and the said sum of £75 mentioned in the said clause (b) shall be so reduced that the sums by which the said sums of £95 and £75 respectively are reduced shall bear the same proportion to £95 and £75 as the period of sick leave in excess of six weeks or the period of sick and annual leave in excess of eight weeks (as the case may be) bears to the said period of twelve months.

6. Maintenance expenses in the form and by way of a night and day allowance shall be paid at the rates mentioned in this Part of this Schedule by a committee to its Secretary and to Clerical Assistants to its Secretary and to Clerical Assistants to its Chief Agricultural Officer in respect of subsistence expenses incurred by the Secretary and the Assistants when travelling within the county in the course of their official duties.

7. Maintenance expenses in the form and by way of a night and day allowance shall, if the consent in writing of the Minister is first obtained, be paid by a committee to its officers in respect of subsistence expenses incurred by the officers when travelling outside the county in the course of, or in connection with, their official duties.

8. Maintenance expenses in the form and by way of a night and day allowance shall, when the Minister so directs, and may, in exceptional circumstances on the application of a committee and with the written approval of the Minister, be paid to an officer of the committee in respect of subsistence expenses incurred by the officer in the course of, or in connection with, his official duties when travelling within the county but outside his district.

9. The rates of maintenance expenses in the form and by way of a night and day allowance payable by a committee to an existing officer in accordance with the provisions of this Schedule shall not be less than the rates at which such officer was entitled to be paid immediately prior to the date of the making of these regulations.

10. Subject to the provisions of paragraph 9 of this Schedule, the following shall be the rates of maintenance expenses in the form and by way of a night allowance which shall be payable by a committee to its officers, that is to say :

(a) in the case of a Chief Agricultural Officer or a Secretary of a committee, the rate shall be forty-eight shillings and six pence per night covering a period of twenty-four hours' absence from the officer's headquarters; after a continuous period of absence of seven nights in any one place the rate of forty-eight shillings and sixpence shall be reduced to the rate of forty-four shillings and six pence per night for the remainder of the officer's stay ;

(b) in the case of a Deputy Chief Agricultural Officer, an Instructor in Agriculture, an Instructor in Horticulture and Bee-keeping, an Instructor in Forestry, an Instructor in Poultry-keeping and Butter-making or a County Forester, the rate shall be forty-three shillings and six pence per night covering a period of twenty-four hours' absence from the officer's headquarters; after a continuous period of absence of seven nights in any one place the rate of forty-three shillings and six pence shall be reduced to the rate of thirty-seven shillings and three pence per night for the remainder of the officer's stay;

(c) in the case of a male Clerical Assistant, on an incremental point above the tenth incremental point on the relevant salary scale, or a female Clerical Assistant on an incremental point on or above the thirteenth incremental point on the relevant salary scale, the rate shall be forty-three shillings and six pence per night covering a period of twenty-four hours' absence from the officer's headquarters, after a continuous period of absence of seven nights in any one place the rate of forty-three shillings and six pence shall be reduced to the rate of thirty-seven shillings and three pence per night for the remainder of the officer's stay ;

(d) in the case of an officer not being an officer mentioned in the foregoing clauses of this paragraph, the rate shall be thirty-six shillings and six pence per night covering a period of twenty-four hours' absence from the officer's headquarters ; after a continuous period of absence of seven nights in any one place the rate of thirty shillings and six pence shall be reduced to the rate of thirty shillings per night for the remainder of the officer's stay.

11. The following shall be the rates of maintenance expenses in the form and by way of a day allowance payable by a committee to such of its officers as are entitled to a day allowance, that is to say :

(a) in the case of a Chief Agricultural Officer or a Secretary of a committee who is absent from headquarters for a period of not less than ten hours (not extending overnight) or a period of not less than ten hours immediately following the period of twenty-four hours covered by night allowance, the rate shall be one-third of the rate payable to the officer in the case of a night allowance applicable to the first seven nights of a continuous period of absence by the officer in any one place;

(b) in the case of a Chief Agricultural Officer or the Secretary of a committee who is absent from headquarters for a period of not less than seven but less than ten hours immediately following the period of twenty-four hours covered by a night allowance, the rate shall be seven shillings and nine pence;

(c) in the case of a Deputy Chief Agricultural Officer, an Instructor in Agriculture, an Instructor in Horticulture and Bee-Keeping, an Instructor in Forestry, an Instructor in Poultry-keeping and Butter-making or a County Forester who is absent from headquarters for a period of not less than ten hours (not extending overnight) or a period of not less than .en hours immediately following the period of twenty-four hours covered by a night allowance, the rate shall be one-third of the rate payable to the officer in the case of a night allowance applicable to the first seven nights of a continuous period of absence by the officer in any one place;

(d) in the case of a Deputy Chief Agricultural Officer, an Instructor in Agriculture, an Instructor in Horticulture and Bee-keeping, an Instructor in Forestry, an Instructor in Poultry-keeping and Butter-making or a County Forester who is absent from headquarters for a period of not less than seven but less than ten hours (not extending overnight) or a period of not less than seven but less than ten hours immediately following the period of twenty-four hours covered by a night allowance, the rate shall be six shillings and six pence;

(e) in the case of a male Clerical Assistant on an incremental point above the tenth incremental point on the relevant salary scale, or a female Clerical Assistant on an incremental point on or above the thirteenth incremental point on the relevant salary scale, who is absent from headquarters for a period of not less than ten hours (not extending overnight) or a period of not less than ten hours immediately following the period of twenty four hours covered by a night allowance, the rate shall be one-third of the rate payable to the officer in the case of a night allowance applicable to the first seven nights of a continuous period of absence by the officer in any one place;

( f) in the case of a male Clerical Assistant on an incremental point above the tenth incremental point on the relevant salary scale, or a female Clerical Assistant on an incremental point on or above the thirteenth incremental point on the relevant salary scale, who is absent from headquarters for a period of not less than seven but less than ten hours (not extending overnight) or a period of not less than seven but less than ten hours immediately following the period of twenty-four hours covered by a night allowance, the rate shall be six shillings and six pence;

(g) in the case of an officer other than an officer mentioned in clause (a), (c) or (e) of this paragraph who is absent from headquarters for a period of not less than ten hours (not extending overnight) or a period of not less than ten hours immediately following the period of twenty-four hours covered by a night allowance, the rate shall be one-third of the rate payable to the officer in the case of a night allowance applicable to the first seven nights of a continuous period of absence by the officer in any one place;

(h) in the case of an officer other than an officer mentioned in clause (a), (c) or (e) of this paragraph who is absent from headquarters for a period of not less than seven but less than ten hours (not extending overnight) or a period of not less than seven but less than ten hours immediately following the period of twenty-four hours covered by a night allowance, the rate shall be six shillings and three pence.

GIVEN under my Official Seal, this 3rd day of February, 1965.

CHARLES J. HAUGHEY,

Minister for Agriculture.

EXPLANATORY NOTE.

These Regulations provide for increases in rates of travelling expenses payable to Officers of Committees of Agriculture as from 1st April, 1964, and for increased maintenance expenses in the form of night and day allowances as from 1st January, 1964.