S.I. No. 378/2002 - Local Authority Members (Gratuity) (Amendment) Regulations, 2002

The Minister for the Environment and Local Government, in exercise of the power conferred on him by Sections 4 and 142 of the Local Government Act, 2001 (No. 37 of 2001), with the consent of the Minister for Finance, hereby makes the following regulations:

Short Title.

1.       These Regulations may be cited as the Local Authority Members (Gratuity) (Amendment) Regulations, 2002.

Interpretation.

2.       In these Regulations -

“the Principal Regulations” means the Local Authority Members (Gratuity) Regulations, 2002 ( S.I. No. 281 of 2002 ).

Amendment of Article 2 of the Principal Regulations.

3.       Article 2 of the Principal Regulations is hereby amended by the substitution of the following definitions for the definitions of “appropriate local authority” and “qualifying service” contained therein:

‘ “appropriate local authority” means -

(a)    where a person is a member of a local authority other than a town council mentioned in Part 2 of Schedule 6 to the Act, such local authority,

(b)    where a person is a member of a town council mentioned in Part 2 of Schedule 6 to the Act, the county council in whose county the town is situated, and

(c)    where a person is a member of both a county council and a town council, such county council; ’.

‘ “qualifying service” means service given as a member of the local authority, or any other local authority, on or after the 4^th day of May, 2000, subject to the proviso that where a period of qualifying service of a person as a member of a local authority is concurrent with a period of qualifying service by him or her as a member of another local authority, only one such period shall be reckoned, which shall be the period which produces the more favourable result for him or her; ’.

Insertion of new Article in the Principal Regulations.

4.       The Principal Regulations are hereby amended by the insertion of the following article after article 10 thereof:

“11.   Without prejudice to any other provision of these Regulations -

(a)    an addition to qualifying service under article 3,

(b)    the grant of a gratuity under article 4 or 7,

(c)    the grant of a preserved gratuity under article 6,

shall in no case be made where a person is a member of any local authority.”.

The Minister for Finance hereby consents to the Local Authority Members (Gratuity (Amendment) Regulations, 2002.

EXPLANATORY NOTE

(This note is not a part of the Instrument and does not purport to be a legal interpretation).

These Regulations amend the Local Authority Members (Gratuity) Regulations, 2002.