S.I. No. 97/1936 - Committees of Agriculture (Officers' Travelling Expenses and Maintenance Allowance and Expenses) Regulations, 1936.

STATUTORY RULES AND ORDERS. 1936. No. 97.

COMMITTEES OF AGRICULTURE (OFFICERS' TRAVELLING EXPENSES AND MAINTENANCE ALLOWANCE AND EXPENSES) REGULATIONS, 1936.

WHEREAS it is enacted by section 28 of the Agriculture Act, 1931 (No. 8 of 1931), that the Minister for Agriculture may by regulations made under the said section prescribe the cases in which travelling and maintenance expenses shall be allowed to officers of committees of agriculture who have to travel in the performance of their duties and the rates of such travelling and maintenance expenses:

NOW, I, SÉAMAS O RIAIN, Minister for Agriculture, in exercise of the powers conferred on me by section 28 of the Agriculture Act, 1931 (No. 8 of 1931), and of every and any other power me in this behalf enabling do hereby make the following regulations, that is to say:—

1. These regulations may be cited as the Committees of Agriculture (Officers' Travelling Expenses and Maintenance Allowance and Expenses) Regulations, 1936.

2. These regulations shall come into operation on the 1st day of April, 1936.

3. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

4. The cases in which travelling and maintenance expenses shall be allowed to officers of committees of agriculture who have to travel in the performance of their duties and the rates of such travelling and maintenance expenses shall be in accordance with the provisions of the Schedule hereto.

5. Every question, doubt, or dispute which shall arise as to the application of these regulations shall be determined by the Minister for Agriculture, and every such determination shall be final and conclusive.

SCHEDULE.

TRAVELLING EXPENSES AND MAINTENANCE ALLOWANCE AND MAINTENANCE EXPENSES OF OFFICERS OF COMMITTEES OF AGRICULTURE.

PART I.

Preliminary.

1. In this Schedule—

the expression "the Minister" means the Minister for Agriculture;

the word "committee" means a committee of agriculture;

the expression "the county" means, in relation to a committee, the county in respect of which such committee is the committee and the expressions "within the county" and "outside the county" shall be construed accordingly.

PART II.

Travelling Expenses.

2.—(1) Every committee shall, subject to the provisions of this paragraph, pay to each of its officers, in respect of all necessary travelling within the county done by him in the course of his duties as such officer, travelling expenses at the rates fixed by this Part of this Schedule.

(2) Every committee shall in every year fix in respect of each one of its officers the sum which, having regard to all the circumstances of the case, appears to such committee to be the maximum amount of such travelling expenses as aforesaid which it would be reasonable for such officer to incur in such year.

(3) The total amount of such travelling expenses as aforesaid paid under this paragraph to any such officer in respect of such travelling as aforesaid in any year shall not exceed, without the consent in writing of the Minister, the maximum amount fixed, under the preceding sub-paragraph of this paragraph, in respect of such officer for such year.

3. Travelling expenses, at the rates fixed by this Schedule, may be paid by every committee to its officers in respect of necessary travelling by such officers outside the county in the course of or in connection with the duties of such officers, if, in the opinion of such committee, such expenses should be paid and if the Minister approves in writing of such payments being made by such committee.

4. The rates at which travelling expenses shall be paid by every committee to its officers in respect of necessary travelling by such officers whether inside the county or outside the county shall be as follows, that is to say—

(a) the actual railway fare expended by any such officer on such class as is approved by a committee and the Minister, or the actual omnibus fare expended by any such officer, and

(b) in the case of any such officers who, at the date of the coming into operation of these regulations, are allowed a mileage rate of two pence per mile in respect of the use of pedal cycles, the rate of two pence per mile in respect of the use of such cycles, and in the case of any other such officers a rate not exceeding three halfpence per mile in respect of the use of such cycles, and

(c) a rate not exceeding two pence per mile in respect of the use of a motor-assisted pedal cycle or a pedal-assisted motor-cycle, and

(d) a rate not exceeding three pence per mile in respect of the use of a motor-cycle without a side-car, and

(e) a rate not exceeding four pence per mile in respect of the use of a motor-cycle and side-car, or a three-wheeled motor-car or a four-wheeled motor-car not exceeding seven horse-power, and

(f) a rate not exceeding five pence per mile in respect of the use of a motor-car of which the horse-power is more than seven and less than ten, and

(g) a rate not exceeding six pence per mile in respect of the use of a motor-car exceeding ten horse-power, and

(h) the amount paid for hire of a conveyance where such hire is justified by special circumstances.

PART III.

Maintenance Allowance and Maintenance Expenses.

5.—(1) Subject to the provisions of this paragraph a maintenance allowance towards subsistence expenses shall be granted and paid at the rates mentioned in this sub-paragraph by every committee to the following officers in respect of travelling within the county in the course of their official duties, that is to say—

(a) at the rate of £50 per annum to Chief Agricultural Officers and Instructors in Agriculture, and

(b) at the rate of £40 per annum to Instructors in Horticulture, instructors in Horticulture and Bee-keeping, Instructors in Poultry-keeping, Instructors in Butter-making, and Instructors in Poultry-keeping and Butter-making.

(2) Whenever any of the officers mentioned at (a) and (b) of the next preceding sub-paragraph are, in any period of twelve months, absent from their duties for more than six weeks on account of sick leave or for a period or periods of sick and annual leave which together amount to more than eight weeks the said sum of £50 mentioned at (a) and the said sum of £40 mentioned at (b) of the said next preceding sub-paragraph shall be so reduced that the sums by which the said sums of £50 and £40 respectively are reduced shall bear the same proportion to £50 and £40 as the period of sick leave in excess of six weeks or the period of sick and annual leave in excess of eight weeks (as the case may be) bears to the said period of twelve months.

6. Maintenance expenses in the form and by way of a night and day allowance shall be paid at the rates mentioned in this Part of this Schedule by every committee to its Secretary and to Clerical Assistants to its Chief Agricultural Officers in respect of subsistence expenses incurred by such Secretary and such Assistants when travelling within the county in the course of their official duties.

7. Maintenance expenses in the form and by way of a day and night allowance shall, if the consent in writing of the Minister is first obtained, be paid by every committee to its officers in respect of subsistence expenses incurred by such officers when travelling outside the county in the course of or in connection with their official duties.

8.—(1) The following shall be the rates of maintenance expenses in the form and by way of a night allowance which shall be payable by every committee to its officers, that is to say—

(a) where the salary of an officer exceeds £200 per annum the rate shall be fifteen shillings per night covering a period of twenty-four hours' absence from the officer's headquarters; after a continuous period of absence of fourteen nights in any one place the said rate of fifteen shillings shall be reduced to the rate of ten shillings per night for the remainder of the officer's stay, but if the officer knew or might have known in the first instance that his stay would or was likely to exceed fourteen nights in such one place the rate of ten shillings per night shall be payable in respect of the whole period, and

(b) where the salary of an officer is not less than £100 but does not exceed £200 per annum the rate shall be eleven shillings and sixpence per night covering a period of twenty-four hours' absence from headquarters; after a continuous period of absence of fourteen nights in any one place the said rate of eleven shillings and sixpence shall be reduced to the rate of seven shillings and sixpence per night for the remainder of the officer's stay, but if the officer knew or might have known in the first instance that his stay would or was likely to exceed fourteen nights in such one place the rate of seven shillings and sixpence per night shall be payable in respect of the whole period, and

(c) where the salary of an officer is less than £100 per annum the rate shall be ten shillings per night covering a period of twenty-four hours' absence from the officer's headquarters; after a continuous period of absence of fourteen nights in any one place the said rate of ten shillings shall be reduced to the rate of five shillings per night for the remainder of the officer's stay, but if the officer knew or might have known in the first instance that his stay would or was likely to exceed fourteen nights in such one place the rate of five shillings per night shall be payable in respect of the whole period.

(2) In this paragraph the word " salary " shall be construed as excluding cost of living bonus and any allowance for travelling and maintenance expenses.

9. Whenever maintenance expenses in the form and by way of a day allowance are payable under this Schedule by a committee to such of its officers as are entitled to a day allowance, such day allowance shall be payable at one-third of the rates payable by a committee to such officers in the case of a night allowance and shall cover a period of absence from headquarters of not less than ten hours (not extending overnight) or a period of absence from headquarters of not less than ten hours immediately following the period of twenty-four hours covered by a night allowance.

Given under my Seal of Office, this 31st day of March, 1936.

SÉAMAS O RIAIN,

Minister for Agriculture.