Harbours Act, 1947
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Payment of travelling expenses and allowances to members of harbour authority. |
9.—(1) In this section— | |
the expression “the Act of 1941” means the Local Government Act, 1941 (No. 23 of 1941); | ||
the expression “the Act of 1946” means the Local Government Act, 1946 (No. 24 of 1946); | ||
the expression “local authority” means a local authority to which section 80 of the Act of 1941 applies; | ||
references (except in subsections (5) and (7) to a meeting of a harbour authority shall be construed as including references to a meeting of a committee appointed by that harbour authority. | ||
(2) (a) For the purposes of this section the official residence of a person who is a member of a harbour authority at the passing of this Act shall be the place which was his official residence for the purposes of section 165 of the Principal Act. | ||
(b) Every person who becomes a member of a harbour authority after the passing of this Act shall, immediately after becoming such member, communicate in writing to the harbour authority the address of the place at which he ordinarily resides and that place shall be regarded as his official residence for the purposes of this section. | ||
(3) (a) Subject to subsections (4), (5) and (6) of this section, a harbour authority shall defray the expenses of locomotion actually incurred by each of their members in travelling to and from meetings of that harbour authority. | ||
(b) No person shall be paid expenses under this subsection in respect of a meeting held at a place less than five miles by any route from his official residence. | ||
(c) The amount of expenses paid under this subsection to a person in respect of a particular meeting shall not exceed the amount of the expenses of locomotion which would reasonably have been incurred by him in travelling from and to his official residence to and from the place of that meeting. | ||
(4) (a) A harbour authority may by resolution decide that, in lieu of defraying under subsection (3) of this section, the expenses of locomotion actually incurred by each of their members in travelling to and from their meetings, that harbour authority shall pay to each such member, in respect of every such meeting which he attends at a place not less than five miles by any route from his official residence, a fixed sum for every mile from and to such official residence to and from the place of meeting measured along the route by which such member would normally travel. | ||
(b) A resolution passed by a harbour authority under paragraph (a) of this subsection may be revoked at any time by another resolution of that harbour authority. | ||
(c) A resolution under paragraph (a) or paragraph (b) of this subsection shall not take effect until sanctioned by the Minister. | ||
(d) While a resolution passed by a harbour authority under paragraph (a) of this subsection is in force, that harbour authority shall not defray under subsection (3) of this section the expenses of locomotion actually incurred by each of their members in travelling to and from meetings of such harbour authority but, in lieu thereof, shall, subject to subsections (5) and (6) of this section, make payments to their members attending such meetings in accordance with the terms of such resolution. | ||
(5) Where— | ||
(a) a person who is a member of a harbour authority is also a member of a committee appointed by that harbour authority, and | ||
(b) such person attends on the same day meetings of both such harbour authority and such committee, and | ||
(c) such person is, in respect of his attendance at the said meeting of such harbour authority, entitled to a payment under subsection (3) or subsection (4) of this section, | ||
then, unless such attendance involves an additional journey from and to his official residence, no payment, in respect of his attendance at the meeting of such committee shall be made under subsection (3) or subsection (4) (whichever is appropriate) of this section. | ||
(6) Where— | ||
(a) a person who is a member of a harbour authority is also a member of a local authority, and | ||
(b) such person attends on the same day meetings of both such harbour authority and such local authority which are held either at the same place or at places which are not more than a mile from each other, and | ||
(c) such person is, in respect of his attendance at the said meeting of such local authority, entitled to a payment under either subsection (3) of section 80 of the Act of 1941 or subsection (6) of section 67 of the Act of 1946, | ||
then, unless such attendance involves an additional journey from and to his official residence, no payment, in respect of his attendance at the meeting of such harbour authority, shall be made to such person under subsection (3) or subsection (4) (whichever is appropriate) of this section. | ||
(7) (a) Where— | ||
(i) a person who is a member of a harbour authority attends a meeting of that harbour authority or (being a member of a committee appointed by that harbour authority) a meeting of that committee, and | ||
(ii) the place at which such meeting is held is not less than three miles by any route from his official residence, and | ||
(iii) such person is, by reason of such attendance, obliged to absent himself from his official residence for a continuous period of not less than three hours, | ||
then, subject to the provisions of this subsection, that harbour authority may (whether they are or are not required to make, under subsection (3) or subsection (4) of this section (as the case may be) a payment to such member in respect of his attendance at such meeting and if so required, then in addition to such payment) pay to such member an allowance in respect of such absence. | ||
(b) Where— | ||
(i) a person who is a member of a harbour authority is also a member of a committee of that harbour authority, and | ||
(ii) such person attends on the same day meetings of both such harbour authority and such committee at a place not less than three miles by any route from his official residence, and | ||
(iii) such member is, by reason of his attendance at such meetings, obliged to absent himself from his official residence for a continuous period of not less than three hours, | ||
then, subject to the provisions of this subsection, that harbour authority may (whether they are or are not required to make, under subsection (3) or subsection (4) of this section (as the case may be), a payment to a member in respect of his attendance at such meetings, and, if so required, then in addition to such payment) pay to such person an allowance in respect of such absence. | ||
(c) An allowance under paragraph (a) or paragraph (b) of this subsection shall be calculated in accordance with rules which the Minister is hereby authorised to make. | ||
(d) An allowance to a member of a harbour authority in respect of his absence from his official residence on a particular day shall not be made under both paragraph (a) and paragraph (b) of this subsection. | ||
(e) Where— | ||
(i) a person who is a member of a harbour authority is also a member of a local authority, and | ||
(ii) such local authority are required by subsection (7) of section 67 of the Act of 1946, to pay to such person an allowance in respect of a particular period falling on a particular day, and | ||
(iii) such harbour authority would, but for this paragraph, be authorised by paragraph (a) or paragraph (b) of this subsection to pay to such person an allowance in respect of his absence from his official residence on that day, | ||
then, no allowance shall be paid by such harbour authority under paragraph (a) or paragraph (b) of this subsection to such person in respect of his absence from his official residence on that day. |