S.I. No. 160/1996 - The Local Government Staff Negotiations Board (Establishment) (Amendment) Order, 1996.

S.I. No. 160 of 1996.

THE LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD (ESTABLISHMENT) (AMENDMENT) ORDER, 1996.

The Minister for the Environment, in exercise of the powers conferred on him by section 3 of the Local Government Services (Corporate Bodies) Act, 1971 (No. 6 of 1971), hereby orders as follows:

1 Citation.

1. (1) This Order may be cited as the Local Government Staff Negotiations Board (Establishment) (Amendment) Order, 1996.

(2) The Local Government Staff Negotiations Board (Establishment) Orders, 1971 to 1979, and this Order may be together cited as the Local Government Staff Negotiations Board (Establishment) Orders, 1971 to 1996.

2 Definition.

2. In this Order—

"the Principal Order" means the Local Government Staff Negotiations Board (Establishment) Order, 1971 ( S.I. No. 217 of 1971 ).

3 Amendment of Principal Order.

3. (1) Article 2 of the Principal Order is hereby amended by the substitution of the following for the definition of "qualified person"—

'"qualified person" means—

(a) a manager or assistant manager for the purposes of the Acts relating to the management of a county borough or the personnel officer of the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

(b) a manager or assistant manager for the purposes of the County Management Acts 1940 to 1994.'.

(2) Article 3 of the Principal Order is hereby amended by the substitution of the following for all words after "established"—

"(a) to provide for local authorities and for such other bodies as may, from time to time, stand designated pursuant to section 3 (2) of the Act—

(i) such services as may be required by them for the purposes of staff negotiations, including proceedings under any scheme of conciliation and arbitration and Labour Court proceedings, and

(ii) such other management services as may be required by them, and

(b) to provide for managers such services for meetings of managers and such other support services as the Council shall from time to time determine, and as can be provided by the Board within the limits of the financial contributions made by the several councils of counties and corporations of county boroughs to the Board under article 4 (18) (b) for the provision of services under this paragraph.".

(3) Article 4 of the Principal Order, as amended by the Local Government Staff Negotiations Board (Establishment) (Amendment) Order, 1975 ( S.I. No. 54 of 1975 ), and by the Local Government Staff Negotiations Board (Establishment) (Amendment) Order, 1979 ( S.I. No. 15 of 1979 ), is hereby further amended as follows—

(a) the following sub-articles shall be substituted for sub-articles (1) and (2)—

"(1) The Board shall consist of—

(a) not less than four and not more than ten qualified persons appointed by the Council in accordance with the requirements of this article, and

(b) such officers of the Department of the Environment as the Minister shall appoint from time to time.

(2) At least two persons from each of the classes of qualified person referred to in paragraphs (a) and (b) of the definition of "qualified person" in article 2 of this Order shall be appointed by the Council to be members of the Board.";

(b) the following sub-article shall be substituted for sub-article (8)—

"(8) (a) Subject to the following paragraphs, the Board may, by standing orders or otherwise, regulate its own procedure.

(b) In order to facilitate the discharge of the functions of the Board, the Board may establish such committees as it thinks fit and may appoint to any such committee such members of the Board as are willing to act on the committee and other persons who have special knowledge or experience related to the purpose of the committee.

(c) The Board shall notify the Council and the Minister of the establishment of any committee, of the purpose for which the committee is established and of the names of the members thereof.";

(c) sub-article (10) (e) shall be amended by the deletion of ", to the Minister for Health";

(d) sub-article (11) (a) shall be amended by the deletion of "and to the Minister for Health";

(e) the following paragraph shall be substituted for paragraph (b) of sub-article (11)—

"(b) The Board shall submit to the Council or to the Minister such information regarding the performance of its functions as the Council or the Minister may from time to time require.";

(f) the following sub-article shall be substituted for sub-article (14)—

"(14) Schemes and Regulations made under the Local Government (Superannuation) Act, 1980 (No. 8 of 1980), shall apply to the Board as if it were a local authority, subject to the modification that the provisions of article 10 (5) of the Local Government (Superannuation Revision) (Consolidation ) Scheme, 1986 ( S.I. No. 391 of 1986 ) or article 10 (5) of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 ( S.I. No. 316 of 1987 ), as appropriate, shall apply in respect of the office of Chief Executive Officer of the Board as if that office were an office of city or county manager.";

(g) the following sub-article shall be substituted for sub-article (18)—

"(18) (a) Subject to paragraph (b) the expenses of the Board in so far as not met from other sources shall, to such extent as shall be approved by the Minister, be recouped by the several councils of counties and corporations of county boroughs in such proportions as those authorities may agree upon, or, failing such agreement, in such proportions as may be determined by the Minister.

(b) The expenses of the Board incurred in performing its functions under article 3 (b) shall be recouped separately by the several councils of counties and corporations of county boroughs in such proportions as those authorities may agree upon, or, failing such agreement, in such proportions as may be determined by the Minister.

(c) In default of payment by a county council or a county borough corporation of an amount (or any part thereof) payable by them under this article, the amount involved may be deducted from any monies payable to the county council or county borough corporation as the case may be by any Minister for any purpose whatsoever and, where such a deduction has been made, the amount so deducted shall be paid to the Board by the Minister concerned.".

4 Commencement.

4. This Order shall come into operation on the 1st day of July, 1996.

GIVEN under the Official Seal of the Minister for the Environment,

this 31st day of May, 1996.

BRENDAN HOWLIN,

Minister for the Environment.

The Minister for Finance hereby consents to the Local Government Staff Negotiations Board (Establishment) (Amendment) Order, 1996.

Dated 31st day of May, 1996.

RUAIRÍ QUINN,

Minister for Finance.

EXPLANATORY NOTE.

This order amends the Local Governmenet Staff Negotiations Board (Establishment) Orders 1971 to 1979.