S.I. No. 333/1975 - Committees of Agriculture (Salaries of Officers) Regulations, 1975.

S.I. No. 333 of 1975.

COMMITTEES OF AGRICULTURE (SALARIES OF OFFICERS) REGULATIONS, 1975.

I, MARK CLINTON, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by section 27 (1) of the Agriculture Act, 1931 (No. 8 of 1931), and section 6 of the Agriculture (Amendment) Act, 1958 (No. 17 of 1958), as adapted by the Agriculture (Alteration of Name of Department and Title of Minister) Order, 1965 ( S.I. No. 146 of 1965 ), hereby make the following regulations:

1. (1) These Regulations may be cited as the Committees of Agriculture (Salaries of Officers) Regulations, 1975.

(2) The Committees of Agriculture (Salaries of Officers) Regulations, 1966 and 1968, and these Regulations may be cited together as the Committees of Agriculture (Salaries of Officers) Regulations, 1966 to 1975.

2. The scales of salaries for such Officers of Committees of Agriculture holding office in a pensionable capacity as are specified in the Schedule hereto shall be in accordance with the provisions of that Schedule.

SCHEDULE.

PART I.

Preliminary and General.

1. (1) In this Schedule—

"the Minister" means the Minister for Agriculture and Fisheries;

"committee" means a committee of agriculture;

"salary" shall be construed as meaning, in relation to any officer of a committee, annual salary exclusive of—

( a ) any allowance for cost of subsistence, hotel expenses and travelling, and

( b ) any additional temporary remuneration in respect of the performance in a temporary capacity of the duties of an office higher than the officer's ordinary office.

(2) Where a person, who was an officer of a committee (in this sub-paragraph referred to as the abolished committee) appointed under the Agriculture and Technical Instruction (Ireland) Act, 1899, by the council of a county or of such council in relation to or for the purpose of functions, powers and duties performed by such council through such committee, was transferred to a committee of agriculture by section 43 of the Agriculture Act, 1931 (No. 8 of 1931), the service of that person under the abolished committee shall for the purposes of this Schedule be treated as service with that committee of agriculture.

(3) Service of an officer with a committee shall for the purposes of this Schedule include service of the officer with the committee before the commencement of these Regulations.

2. The following provisions shall have effect in relation to increments of salaries of officers of committees under this Schedule:

( a ) no increment shall be granted by a committee to any officer without the written approval of the Minister;

( b ) any increment or increments authorised by this Schedule to be granted to an officer of a committee may be withheld if the service of the officer is not in the opinion of the committee or the Minister satisfactory;

( c ) any increment or increments granted to an officer of a committee may be withdrawn if the service of the officer is not in the opinion of the committee or the Minister satisfactory.

3. (1) Where an appointment to the office of Senior Instructor is made by a committee (in this paragraph referred to as the appointing committee), and the person appointed to the office (in this paragraph referred to as the said office) held previous to that appointment one or more of the following, that is to say:

( a ) an office similar to the said office under a committee, or

( b ) an office under the Minister, or

( c ) an appointment specially approved by the Minister for the purposes of this paragraph,

the appointing committee may, subject to the provisions of sub-paragraph (2), fix the initial salary of that person at an incremental point higher than the minimum salary under this Schedule for the said office; provided that, but without prejudice to sub-paragraph (3), such initial salary shall not be fixed at a point more than six increments above the minimum.

(2) For the purpose mentioned in sub-paragraph (1) the appointing committee may take into account and have regard to the period or periods during which that person held one or more of the following that is to say, the offices mentioned at (a) and (b) or the appointment mentioned at (c) in sub-paragraph (1), provided that, but without prejudice to sub-paragraph (3), the following shall apply—

(i) in a case in which there is one period only, it shall not be taken into account or regarded unless it exceeds five years and, if it exceeds five years, only the excess shall be taken into account and regarded, and

(ii) in a case in which there are two or more periods, they shall not be taken into account or regarded unless their aggregate exceeds five years and, if their aggregate exceeds five years, only the excess shall be taken into account and regarded.

(3) Where the person appointed to the said office held, immediately prior to that appointment, an office (in this sub-paragraph referred to as the previous office) under a committee, the initial salary to be fixed in accordance with the provisions of this paragraph by the appointing committee shall not be lower than the salary of that person in respect of the previous office immediately prior to his appointment to the said office.

(4) Where the person appointed to the said office held, immediately before that appointment, an office (in this sub-paragraph referred to as the previous office) under a committee, and the appointing committee do not fix pursuant to sub-paragraph (1) the initial salary of that person, that salary shall be—

( a ) the same as the salary of that person in respect of the previous office immediately prior to his appointment to the said office, or

( b ) the minimum salary prescribed by Part II in respect of the said office,

whichever is the greater.

(5) A committee shall not exercise the power conferred by this paragraph

unless—

( a ) the committee has obtained the prior sanction of the Minister for the exercise of the power, and

( b ) notice of intention to exercise the power has been given in such manner as the Minister may direct to all prospective candidates for the office in respect of which the power is proposed to be exercised, and

( c ) the sanction of the Minister for the actual initial salary proposed has been obtained.

(6) Any appointment which, immediately before the commencement of these Regulations, stood specially approved by the Minister for the purposes of paragraph 3 of the Schedule to the Committees of Agriculture (Salaries of Officers) Regulations, 1968, ( S.I. No. 65 of 1968 ) or stood regarded as so specially approved, shall be regarded as an appointment specially approved by the Minister for the purposes of this paragraph.

PART II.

Scales of Salaries.

4. (1) An officer of a committee shall not proceed or be allowed to proceed on a scale of salary prescribed by this Part in relation to that officer further than the point reached, at the incremental date immediately preceding the date on which that officer attained the age of sixty-five years.

(2) Where as respects an appointment to an office—

( a ) sub-paragraph (2) or sub-paragraph (3) of paragraph 3 applies, and

( b ) the officer, if he had not been appointed to the office, would, on the 1st day of April next following his appointment to the office, have been eligible for the grant of an increment in respect of the office which he would have continued to hold but for his said appointment,

any increment falling to be granted to him on that 1st day of April shall not be less than the said increment for the grant of which he would have been eligible.

5. Subject to the provisions of paragraph 4, the scale of salary for Senior Instructor shall be—£4,468—£4,671—£4,874—£5,077—£5,280—£5,483

—£5,686—£5,889—£6,092—£6,301 per annum.

GIVEN under my Official Seal, this 21st day of December, 1975.

MARK CLINTON,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

These regulations prescribe the salary scale for Senior Instructors holding office in a pensionable capacity under Committees of Agriculture.