S.I. No. 158/1953 - Health (Officers) Regulations, 1953.

S.I. No. 158 of 1953.

HEALTH (OFFICERS) REGULATIONS, 1953.

The Minister for Health, in exercise of the powers conferred on him by Part II of the Local Government Act, 1941 (No. 23 of 1941) hereby makes the following regulations :—

1. These Regulations may be cited as the Health (Officers) Regulations, 1953.

2. In these Regulations—

"the Act of 1926" means the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926) ;

"the Minister" means the Minister for Health ;

"the Manager" means the manager for the local authority ;

"medical examination" includes clinical and radiological examination and laboratory tests ;

"office" means a permanent office under a local authority—

(a) in relation to which the Minister is the appropriate Minister,

(b) the holder of which is required to devote the whole of his time to the duties of his office and

(c) the duties of which may be required to be performed wholly or mainly in a sanatorium or hospital primarily concerned with the treatment of tuberculosis ;

"the Regulations of 1943" means the Local Government (Officers) Regulations, 1943 (S.R. & O. 1943 No. 161).

3. These Regulations shall apply to every person who is—

(a) the holder of any office to which the Act of 1926 applies and as respects whom the Local Appointments Commissioners certify, when recommending him for appointment to such office, that they are satisfied after medical examination that the state of his health is such as to render him capable of entering on the discharge of the duties of the office notwithstanding that he is suffering from, or has suffered from, tuberculosis,

(b) the holder of any office to which the Act of 1926 does not apply, and as respects whom the local authority certify, when appointing him to the office, that they are satisfied, after medical examination, that the state of his health is such as to render him capable of entering on the discharge of the duties of the office notwithstanding that he is suffering from, or has suffered from, tuberculosis.

4. The following provisions shall apply to every person to whom these Regulations apply—

(a) there shall be a period during which such person shall hold office on probation,

(b) subject to paragraphs (c) and (d) of this Article the said period shall be five years reckoned—

(i) in the case of a person who immediately before entering on the discharge of the duties of the office was undergoing the said period of probation in respect of his being the holder of another office, from the day on which the said period of probation commenced in relation to the said other office and

(ii) in the case of any other person from the day on which he enters upon the discharge of the duties of his office,

(c) at the end of the first year of the said period of probation, such person shall cease to hold office unless, before the expiration of the said year, the Manager—

(i) certifies that the service of such person in the office is satisfactory and that he is satisfied as to the regularity of such person's attendance for duty, or

(ii) declares that he cannot so certify, but that such person is nevertheless to continue to hold office,

(d) at the end of the second, third or fourth year of probation, such person shall cease to hold office unless, before the expiration of such year, the Manager certifies that the service of such person in the office is satisfactory and that he is satisfied as to the regularity of such person's attendance for duty,

(e) at the end of the said period of probation such person shall cease to hold office unless during the last year of probation—

(i) the Manager certifies that the service of such person in the office is satisfactory and

(ii) the Minister is satisfied that such person is free from any defect or disease which would render him unsuitable to hold the office and is in a state of health such as would indicate a reasonable prospect of ability to render regular and efficient service.

5. Sub-article (2) of Article 32 of the Regulations of 1943 shall not apply to a person to whom these Regulations apply.

6. The Manager may, from time to time, require a person to whom these Regulations apply to submit himself to medical examination.

7. (1) Salary during sick leave may be paid to a person to whom these Regulations apply in accordance with the following rules :—

(a) no salary shall be paid when the sick leave granted during the said period of probation exceeds in the aggregate one hundred and eighty-three days,

(b) subject to the limitation mentioned in Rule (a), salary may be paid at the full rate in respect of any day's sick leave unless, by reason of such payment, the period of sick leave during which the person has been paid full salary would exceed ninety-two days during the said period of probation,

(c) subject to the limitation mentioned in Rule (a), salary may be paid at half the full rate after salary has ceased by reason of Rule (b) to be paid at the full rate,

(d) where the remuneration includes rations and the person does not draw the rations during a period of sick leave, the salary during such period shall be deemed for the purposes of these Rules to be increased by a sum which in the opinion of the local authority is equal to the money value of the rations,

(e) any money payments made to a person as part of his remuneration in lieu of apartments, rations or other allowances in kind shall be deemed for the purposes of these Rules to be part of his salary,

(f) for the purposes of these Rules, Sundays and public holidays occurring within a continuous period of sick leave shall be reckoned as part of such period.

(2) During the said period of probation, Article 21 of the Regulations of 1943 shall not apply to a person to whom these Regulations apply.

8. When a local authority appoints to an office, otherwise than on the recommendation of the Local Appointments Commissioners, a person to whom these Regulations apply they shall give to such person written notice stating—

(a) that they are satisfied, after medical examination, that the state of his health is such as to render him capable of entering on the discharge of the duties of the office notwithstanding that he is suffering from or has suffered from tuberculosis and

(b) that he is a person to whom these Regulations apply.

GIVEN under the Official Seal of the Minister for Health this eighth day of May, One Thousand Nine Hundred and Fifty-three.

SÉAMAS Ó RIAIN,

Minister for Health.