S.I. No. 67/1965 - Committees of Agriculture (Salaries of Officers) Regulations, 1965.

S.I. No. 67 of 1965.

COMMITTEES OF AGRICULTURE (SALARIES OF OFFICERS) REGULATIONS, 1965.

I, CHARLES J. HAUGHEY, Minister for Agriculture, in exercise of the powers conferred on me by subsection (1) of section 27 of the Agriculture Act, 1931 (No. 8 of 1931), and section 6 of the Agriculture (Amendment) Act, 1958 (No. 17 of 1958), hereby make the following regulations:

1 Short title and commencement.

1.—(1) These Regulations may be cited as the Committees of Agriculture (Salaries of Officers) Regulations, 1965.

(2) The Committees of Agriculture (Salaries of Officers) Regulations 1964 ( S.I. No. 239 of 1964 ) (so far as not revoked by these Regulations) and these Regulations may be cited together as the Committees of Agriculture (Salaries of Officers) Regulations, 1964 and 1965.

(3) These Regulations shall be deemed to have come into operation—

(a) with respect to Chief Agricultural Officers and Deputy Chief Agricultural Officers—on the 1st day of April, 1964, and

(b) with respect to other officers—on the 1st day of November, 1964.

2 Scales to be in accordance with Schedule.

2. The scales of salaries for such officers of committees of agriculture holding office in a pensionable capacity as are specified in the Schedule hereto shall be in accordance with the provisions of that Schedule.

3 Revocations.

3. The Committees of Agriculture (Salaries of Officers) Regulations, 1964 ( S.I. No. 239 of 1964 ), are hereby revoked so far as they relate to the officers to whom these Regulations relate.

SCHEDULE.

PART I.

PRELIMINARY AND GENERAL.

Interpretation.

1.—(1) In this Schedule—

"the Minister" means the Minister for Agriculture;

"committee" means a committee of agriculture;

"existing" in relation to an officer of a committee means—

(a) in the case of a Chief Agricultural Officer or a Deputy Chief Agricultural Officer, a person who was an officer of a committee on the 1st day of April, 1964, or who became an officer of a committee after that day and before the day of the making of these Regulations, and

(b) in the case of any other officer, a person who was an officer of a committee on the 1st day of November, 1964, or who became an officer of a committee after that day and before the day of the making of these Regulations;

"salary" shall be construed as meaning, in relation to any officer of a committee, annual salary exclusive of—

(a) any allowance for cost of subsistence, hotel expenses and travelling, and

(b) any additional temporary remuneration in respect of the performance in a temporary capacity of the duties of an office higher than the officer's ordinary office.

(2) Where a person, who was an officer of a committee (in this subparagraph referred to as the abolished committee) appointed under the Agriculture and Technical Instruction (Ireland) Act, 1899, by the council of a county or of such council in relation to or for the purpose of functions, powers and duties performed by such council through such committee, was transferred to a committee of agriculture by section 43 of the Agriculture Act, 1931 (No. 8 of 1931), the service of that person under the abolished committee shall for the purposes of this Schedule be treated as service with that committee of agriculture.

(3) Service of an officer with a committee shall for the purposes of this Schedule include service of the officer with the committee before the 1st day of November, 1964.

General provisions in relation to increments.

2. The following provisions shall have effect in relation to increments of salaries of officers of committees under this Schedule:

(a) no increment shall be granted by a committee to any officer without the written approval of the Minister;

(b) any increment or increments authorised by this Schedule to be granted to an officer of a committee may be withheld if the service of the officer is not in the opinion of the committee or the Minister satisfactory;

(c) any increment or increments granted to an officer of a committee may be withdrawn if the service of the officer is not in the opinion of the committee or the Minister satisfactory.

Increase of initial salary in certain cases.

3.—(1) Where—

(a) an appointment to an office is made by a committee (in this paragraph referred to as the appointing committee), and

(b) the person appointed to that office (in this paragraph referred to as the said office) held previous to that appointment one or more of the following, that is to say:

(i) an office similar to the said office under a committee, or

(ii) an office under the Minister, or

(iii) an appointment specially approved by the Minister for the purposes of this paragraph,

the appointing committee may, subject to the provisions of this paragraph, fix the initial salary of that person at an incremental point higher than the minimum salary under this Schedule for the said office and, for this purpose, the appointing committee may take into account and have regard to the period or periods during which that person held one or more of the following, that is to say, the offices mentioned at (i) and (ii) or the appointment mentioned at (iii) of this subparagraph.

(2) Where the person appointed to the said office held, immediately prior to that appointment, an office (in this subparagraph referred to as the previous office) under a committee, the initial salary to be fixed in accordance with the provisions of this paragraph by the appointing committee shall not be lower than the salary of that person in respect of the previous office immediately prior to his appointment to the said office.

(3) Subparagraphs (1) and (2) of this paragraph shall have effect where the said office is the office of Chief Agricultural Officer as if—

(a) the portion of subparagraph (I) authorising the fixing of the initial salary of the person appointed at an incremental point higher than the minimum salary under this Schedule for the said office contained a proviso that, without prejudice to subparagraph (2), that salary was not to be fixed at a point more than three increments above the minimum; and

(b) the portion of subparagraph (I) authorising taking into account and having regard to a period or periods contained a proviso that, without prejudice to subparagraph (2),—

(i) in a case in which there was one period only, it was not to be taken into account or regarded unless it exceeded ten years and, if it exceeded ten years, only the excess might be taken into account and regarded, and

(ii) in a case in which there were two or more periods, they were not to be taken into account or regarded unless their aggregate exceeded ten years and, if their aggregate exceeded ten years, only the excess might be taken into account and regarded.

(4) Subparagraphs (1) and (2) of this paragraph shall have effect where the said office is the office of Deputy Chief Agricultural Officer as if—

(a) the portion of subparagraph (1) authorising the fixing of the initial salary of the person appointed at an incremental point higher than the minimum salary under this Schedule for the said office contained a proviso that, without prejudice to subparagraph (2), that salary was not to be fixed at a point more than five increments above the minimum, and

(b) the portion of subparagraph (1) authorising taking into account and having regard to a period or periods contained a proviso that, without prejudice to subparagraphs (2),—

(i) in a case in which there was one period only, it was not to be taken into account or regarded unless it exceeded five years and, if it exceeded five years, only the excess might be taken into account and regarded, and

(ii) in a case in which there were two or more periods, they were not to be taken into account or regarded unless their aggregate exceeded five years and, if their aggregate exceeded five years, only the excess might be taken into account and regarded.

(5) Where, in a case in which the said office is the Office of Chief Agricultural Officer or Deputy Chief Agricultural Officer and the person appointed to the said office held, immediately before that appointment, an office (in this subparagraph referred to as the previous office) under a committee, the appointing committee do not fix pursuant to subparagraph (1) of this paragraph the initial salary of that person, that salary shall be—

(a) the same as the salary of that person in respect of the previous office immediately prior to his appointment to the said office, or

(b) the minimum salary prescribed by Part II of this Schedule in respect of the said office,

whichever is the greater.

(6) A committee shall not exercise the power conferred by this paragraph unless—

(a) the committee has obtained the prior sanction of the Minister for the exercise of the power, and

(b) notice of intention to exercise the power has been given in such manner as the Minister may direct to all prospective candidates for the office in respect of which the power is proposed to be exercised, and

(c) the sanction of the Minister for the actual initial salary proposed has been obtained.

(7) Any appointment which, immediately before the 1st day of April, 1964, or the 1st day of November, 1964 (as may be appropriate), stood especially approved by the Minister for the purposes of paragraph 3 of the Schedule to the Committees of Agriculture (Salaries of Officers) Regulations, 1964, or stood regarded as so specially approved shall be regarded as an appointment specially approved by the Minister for the purposes of this paragraph.

PART II.

SCALES OF SALARIES.

General provisions.

4.—(1) Existing officers shall subject to the next subparagraph, enter on the scales of salary prescribed by this Part of this Schedule in accordance with the Tables contained in Part III of this Schedule.

(2) The said Tables shall have effect subject to the following provisions:

(a) references to the relevant date shall be construed as references to either—

(i) the 1st day of April, 1964, in the case of Tables I and II or the 1st day of November, 1964, in the case of the other Tables, or

(ii) the later day on which the person concerned became an officer of a committee,

as may be appropriate;

(b) where an officer's pay as referred to in column (1) of any Table would have been between two successive points in that column which differ in amount, the entry point on the new scale shall be calculated on a proportionate basis.

(3) An officer of a committee shall not proceed or be allowed to proceed on the scale of salary prescribed by this Part of this Schedule in relation to that officer further than the point reached at the incremental date immediately preceding the date on which that officer attained the age of sixty-five years.

(4) Where in a case in which an officer is appointed to the office of Chief Agricultural Officer or Deputy Chief Agricultural Officer—

(a) subparagraph (2) or subparagraph (5) of paragraph 3 of this Schedule applies, and

(b) the officer, if he had not been appointed to that office, would, on the 1st day of April next following his appointment to that office, have been eligible for the grant of an increment in respect of the office which he would have continued to hold but for his said appointment,

any increment falling to be granted to him on that 1st day of April shall not be less than the said increment for the grant of which he would have been eligible.

Chief Agricultural Officers.

5. Subject to the provisions of paragraph 4 of this Schedule, the scale of salary for Chief Agricultural Officers shall be £1,880—£70—£2,440—£65—£2,505 per annum.

Deputy Chief Agricultural Officers.

6. Subject to the provisions of paragraph 4 of this Schedule, the scale of salary for Deputy Chief Agricultural Officers shall be £1,465—£70—£1,955—£65—£2,150 per annum.

Instructors in Agriculture and Instructors in Horticulture and Bee-keeping.

7. Subject to the provisions of paragraph 4 of this Schedule, the scale of salary for Instructors in Agriculture and Instructors in Horticulture and Bee-keeping, being male or existing female Instructors, shall be £840—£65—£1,035—£195—£1,230—£65—£1,880 per annum.

A long service increment of £70 shall be allowed after an Instructor has been 3 years on the maximum of the scale. In the case of an Instructor who has not been three years on the maximum of the scale, but to whom on his appointment to his current post of Instructor, the appointing committee opted to give credit for previous service, any of this service in excess of 14 years shall be regarded as service for the purpose of the award of the long service increment.

Instructors in Poultry-keeping and Butter-making.

8. Subject to the provisions of paragraph 4 of this Schedule, the scale of salary for Instructors in Poultry-keeping and Butter-making shall be £675—£54—£1,161—£49—£1,210 per annum.

A long service increment of £50 shall be allowed after an Instructor has been 3 years on the maximum of the scale. In the case of an Instructor who has not been 3 years on the maximum of the scale, but to whom on her appointment to her current post of Instructor the appointing committee opted to give credit for previous service, any of this service in excess of 10 years may be regarded as service for the purpose of the award of the long service increment.

PART III.

Tables (entry points for existing officers).

TABLE I—Chief Agricultural Officers.

TABLE II—Deputy Chief Agricultural Officers.

TABLE III—Instructors in Agriculture and Instructors in Horticulture and Bee-keeping.

TABLE IV—Instructors in Poultry-keeping and Butter-making.

GIVEN under my Official Seal, this 9th day of April, 1965.

CHARLES J. HAUGHEY,

Minister for Agriculture.

EXPLANATORY NOTE.

These Regulations prescribe scales of salaries for Chief Agricultural Officers, Deputy Chief Agricultural Officers, Instructors in Agriculture, Instructors in Horticulture and Bee-keeping and Instructors in Poultry-keeping and Butter-making holding office in a pensionable capacity under Committees of Agriculture.