S.I. No. 263/1983 - Local Government (Officers) Regulations, 1983.

S.I. No. 263 of 1983.

LOCAL GOVERNMENT (OFFICERS) REGULATIONS, 1983.

The Minister for the Environment in exercise of the powers conferred on him by section 19 of the Local Government Act, 1941 (No. 23 of 1941) as amended by section 14 of the Local Government Act, 1955 (No. 9 of 1955) hereby makes the following Regulations:—

1. These Regulations may be cited as the Local Government (Officers) Regulations, 1983.

2. The Local Government (Officers) Regulations, 1943 (S.R. and O. 1943 No. 161), the Local Government (Appointment of Officers) Regulations, 1974 ( S.I. No. 61 of 1974 ) and these Regulations shall be construed as one and may be cited together as the Local Government (Officers) Regulations, 1943 to 1983.

3. These Regulations shall come into operation on the 1st day of October, 1983.

4. In these Regulations—

"local authority" has the same meaning as in Part II of the Local Government Act, 1941 .

"the Minister" means the Minister for the Environment.

"office" means any office within the meaning of Part II of the Local Government Act, 1941 , in respect of which the Minister is the appropriate Minister.

5. (1) Where, as regards the holder of an office under a local authority, the local authority is satisfied that such holder has failed to perform satisfactorily the duties of such office or has misconducted himself in relation to such office, the local authority may suspend, as a disciplinary measure, the holder from the performance of the duties of such office for a period not exceeding seven days.

(2) A suspension imposed under this article shall continue in force for the period specified by the local authority when imposing the suspension or for such shorter period as the local authority may, during the course of the period of suspension, determine.

6. (1) Where, as regards the holder of an office under a local authority, there is, in the opinion of the local authority, reason to believe that the holder has failed to perform satisfactorily the duties of such office or has misconducted himself in relation to such office, or is otherwise unfit to hold such office the local authority may suspend the holder from the performance of the duties of such office while the alleged failure, misconduct or unfitness is being inquired into and the disciplinary action, if any, to be taken in regard thereto is being determined.

(2) A suspension imposed under this article shall continue in force until terminated by the local authority, provided that the period of suspension shall not exceed two months from the date of its imposition unless within such period—

(a) the local authority, with the approval of the Minister, extends the period, or

(b) the local authority has made an application to the Minister seeking his consent to the removal from office of the holder of the office, in which event the suspension shall continue in force until the Minister gives or refuses to give such consent.

7. On the suspension of the holder of an office under article 5 or 6 of these Regulations the local authority shall notify such holder in writing:—

(a) of the imposition of such suspension;

(b) of the reasons for such imposition;

(c) in the case of a suspension under article 5 of these Regulations, the period in respect of which the suspension is being imposed;

(d) that during the period of suspension he will not receive remuneration in respect of that period and that on termination of the suspension his remuneration in respect of the period may be forfeited in whole or in part; and

(e) that he may make representations to the local authority in relation to such suspension or forfeiture of remuneration.

8. Whenever the holder of an office is suspended under article 5 or 6 of these Regulations, he shall, where so required by the local authority, hand over to such local authority all books, deeds, contracts, accounts, vouchers, maps, plans and other documents in his possession, custody or control which relate to such office.

9. (1) Subject to sub-article (2), a local authority shall not pay to the holder of an office while he is suspended under article 5 or 6 of these Regulations any remuneration in respect of the period of suspension.

(2) Whenever an officer of a local authority is suspended under article 6 of these Regulations, the local authority may, if it thinks fit, make, with the consent of the Minister, an ex-gratia payment to the suspended officer.

(3) Any sum paid under sub-article (2) of this article shall by repayable by the officer to the local authority and may be deducted by the local authority from any moneys payable by the local authority to him.

(4) Any sum paid under sub-article (2) of this article shall not be reckoned as salary or emolument for the purposes of the Local Government (Superannuation) Act, 1956 .

10. Remuneration which would have been paid, had he not been suspended under the provisions of article 5 or 6 of these Regulations, to the holder of an office shall, upon termination of the suspension, be forfetied (in whole or in part) or be paid to the holder as the local authority may decide.

11. Where the holder of an office has been suspended under article 5 of these Regulations and the period of suspension has terminated the local authority shall not impose a further suspension under the said article on the holder for a similar or substantially similar reason within a period of one month from the date of termination of the suspension.

12. A local authority shall notify the Minister of the imposition of a suspension under these Regulations and of the reason for the imposition of the suspension.

GIVEN under the Official Seal of the Minister for the Environment

this 6th day of September, 1983.

DICK SPRING,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations prescribe the procedures and related provisions in connection with the suspension by local authorities of officers of the authorities for whom the Minister for the Environment is the appropriate Minister under the Local Government Acts.