Local Government Act, 1941

Age limit.

23.—(1) The appropriate Minister may declare any specified age to be the age limit for all the offices in relation to which he is the appropriate Minister or for such of those offices as belong to a specified class, description, or grade or for one or more specified such offices.

(2) Every declaration under this section shall come into force six months after the day on which it is made.

(3) Where a declaration under this section is for the time being in force in relation to any particular office, the following provisions shall have effect, that is to say:—

(a) if on the day when such declaration comes into force there is a holder of such office and such holder, on that day, reaches or is older than the age specified in such declaration as the age limit for such office, such holder shall cease to hold such office on the said day when such declaration comes into force;

(b) if on a day after the day when such declaration comes into force any holder of such office reaches the age specified in such declaration as the age limit for such office, such holder shall cease to hold such office on the said day after the day on which such declaration comes into force.

(4) Any person who ceases under the immediately preceding sub-section of this section to hold an office shall, where necessary for the purposes of sub-section (1) of section 44 of the Act of 1925 or of any other enactment relating to the superannuation of officers of local authorities, be deemed to have become incapable of discharging the duties of such office with efficiency by reason of old age and shall, where necessary for the purposes of the Local Government (Ireland) Act, 1919, be deemed to have resigned such office with the consent of the Minister.