S.I. No. 388/1997 - Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act, 1996 (Section 4) Regulations, 1997

S.I. No. 388 of 1997.

OIREACHTAS (MISCELLANEOUS PROVISIONS) AND MINISTERIAL AND PARLIAMENTARY OFFICES (AMENDMENT) ACT, 1996 (SECTION 4) REGULATIONS, 1997

I, CHARLIE McCREEVY, Minister for Finance, in exercise of the powers conferred on me by section 4 (1) of the Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act, 1996 (No. 39 of 1996), hereby make the following Regulations:

1. These Regulations may be cited as Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act, 1996 (Section 4) Regulations, 1997.

2. These Regulations shall come into operation on the 1st day of September, 1997.

3. In these Regulations-

"the Act" means the Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act, 1996 (No. 39 of 1996);

"the Minister" means the Minister for Finance.

4. These Regulations shall apply to an award or settlement in proceedings for injuries in respect of which—

( a ) the injuries concerned were sustained on or after the 1st day of January, 1993,

( b ) the person in respect of whom such award or settlement has been made

(i) is a person to whom paragraph (a) of section 4(1) of the Act applies, or

(ii) is employed under the Scheme of Secretarial Assistance for non-office holding members of the Houses of the Oireachtas and has sustained the injuries concerned in the course of such employment,

( c ) the employment of the person concerned was remunerated in accordance with paragraph (b) of section 4(1) of the Act, and

( d ) the proceedings in respect of such injury were instituted prior to the commencement of regulations under section 4(2) of the Act.

5. Where the Minister, following consultation with the Attorney General, is satisfied

that

( a ) all reasonable steps have been taken by the member or registered political party concerned as defendant to the proceedings referred to in Regulation 4 of these Regulations to

(i) prepare a defence to such proceedings, and

(ii) minimise, in so far as is practicable, the costs of such proceedings,

and

( b ) the defence concerned does not prejudice any defence to such proceedings by the Government, the State, any Minister of the Government or Minister of State,

the Minister may authorise the payment from public funds of a sum which the Minister considers appropriate for the purpose of recouping in whole or in part the amount of the award or settlement to which these Regulations apply of the proceedings concerned together with the costs incurred in such proceedings for preparing a defence to or in defending such proceedings by the member or registered political party concerned.

GIVEN under my Official Seal this 3rd day of September, 1997

CHARLIE McCREEVY

Minister for Finance.