S.I. No. 260/1941 - Local Offices and Employments (Amendment) Order, 1941.


STATUTORY RULES AND ORDERS. 1941. No. 260.

LOCAL OFFICES AND EMPLOYMENTS (AMENDMENT) ORDER, 1941.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

WHEREAS by Section 15 of the Local Government (Temporary Provisions) Act, 1923 it is provided that the Minister for Local Government should have with respect to all persons employed by any of the local authorities mentioned in Section 21 of the said Act in any office or employemnt to which the said section applies and with respect to the accounts of such persons all the same powers as he had by law at the passing of the said Act with respect to officers of Boards of Guardians of Poor Law Unions and the accounts of such officers respectively :

AND WHEREAS the powers of the said Minister under the said Section 15 are now vested in the Minister for Local Government and Public Health :

AND WHEREAS by the Local Offices and Employments Order, 1924, the Minister for Local Government and Public Health did apply the said Section 15 to the offices and employments under the said local authorities set out in the schedule to the said Order and did make certain regulations in respect of the said offices and employments :

AND WHEREAS the Local Offices and Employments Order, 1924, was amended by the following Orders, that is to say :

The Local Offices and Employments (Amendment) Order, 1924.

The Local Offices and Employments (Amendment) Order, 1929,

The Local Offices and Employments (Amendment) Order, 1930.

The Local Offices and Employments (Amendment) Order, 1936.

The Local Offices and Employments (Amendment) Order, 1940 :

AND WHEREAS by virtue of the Emergency Powers (No. 56) Order, 1940, the said Section 15 has been applied to every office and employment under any of the local authorities mentioned in article 3 of the said Order, and to the employment of persons by a county surveyor on behalf of the council of a county in pursuance of article 56 of the Public Bodies Order, 1925 (Statutory Rules and Orders No. 46 of 1925) for the execution of a work otherwise than by contract :

NOW THEREFORE, the Minister for Local Government and Public Health, in exercise of the powers vested in him by the said Section 15 of the Local Government (Temporary Provisions) Act, 1923 , as amended and modified by the said Emergency Powers (No. 56) Order, 1940, hereby orders as follows, that is to say :—

1. In this Order,

the expression " the Principal Order " means the Local Offices and Employments Order, 1924, as amended by the Orders hereinbefore mentioned ;

the expression " the Emergency Powers Order " means the Emergency Powers (No. 56) Order, 1940 ;

the expression " local authority " has the same meaning as in the Emergency Powers Order ;

the word " employment " includes the employment of a person by a county surveyor on behalf of the council of a county in pursuance of article 56 of the Public Bodies Order, 1925 for the execution of a work otherwise than by contract ;

the expression " regulated office " means and includes any office or employment under a local authority to which by virtue of the Principal Order Section 15 of the Local Government (Temporary Provisions) Act, 1923 , applied immediately before the making of the Emergency Powers Order.

2. The orders, rules and regulations applied by the Principal Order shall continue to apply to every person appointed to or employed in any regulated office but shall not apply to any person appointed to or employed in any other office or employment under a local authority.

3. The following provisions shall apply in relation to the remuneration of persons appointed to or employed in any office or employment under a local authority other than a regulated office that is to say :—

(a) a person who holds an office or employment at the date of this Order may, without the consent of the Minister but subject to any order of the Minister to the contrary, continue to be granted by such local authority remuneration in respect of such office or employment at a rate not greater than the rate at which such person was entitled to receive remuneration in respect of such office or employment immediately before the said date.

(b) a person who is appointed or employed to fill a vacancy in an office or employment occurring after the date of this order, may without the consent of the Minister but subject to any order of the Minister to the contrary, be granted by such local authority remuneration in respect of such office or employment at a rate not greater thanthe rate at which the person who held such office or employment immediately before the occurrence of such vacancy was then entitled to receive.

(c) When the Minister has approved of a rate of remuneration in respect of all offices or employments of a particular class or description under a local authority such local authority, without the consent of the Minister but subject to any order of the Minister to the contrary, may grant remuneration at a rate not greater than the said rate to any person appointed to or employed in an office or employment coming within such class or description.

(d) Subject to the foregoing provisions of this article a local authority shall not grant remuneration to a person appointed to or employed in any office or employment except with the consent of the Minister.

4.—(1) This Order may be cited as the Local Offices and Employments (Amendment) Order, 1941.

(2) This Order and the Principal Order shall be construed as one order and may be collectively cited as the Local Offices and Employments Orders, 1924 to 1941.

Given under the Official Seal of the Minister for Local Government and Public Health this seventeenth day of May, One Thousand Nine Hundred and Forty-one.

(Signed) PATRICK RUTTLEDGE,

Minister for Local Government and Public Health.