Local Government (Superannuation) Act, 1980
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Regulations and schemes generally. |
5.—(1) Every regulation or scheme made under this Act, other than a regulation under section 3 (3), shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or scheme is passed by either such House within the next twenty-one days on which that House has sat after the regulation or scheme is laid before it, the regulation or scheme, as the case may be, shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. | |
(2) (a) Any regulations made by the Minister under this Act may provide for the determination by the Minister of questions arising under, or by virtue of the making of, the regulations. | ||
(b) Any scheme made by the Minister under this Act may provide— | ||
(i) for the determination by a Minister of the Government specified in the scheme or by a person of a class or description so specified of questions arising under or by virtue of the making of the scheme, | ||
(ii) for the determination by such a Minister or by a person of such a class or description of any such question which is of a class or description so specified and for the determination by the Minister of any other such question. | ||
(3) Any scheme made by the Minister under this Act may provide that any reference in any statute (other than this Act), or in any particular such statute specified in the scheme, to an enactment specified both in the Second Schedule to this Act and in the scheme shall be construed as, or, as including as the case may be, a reference to the scheme or the corresponding provision of the scheme, as may be appropriate, and in case any such provision is included in such a scheme, the enactment to which the provision relates shall be construed and shall have effect in accordance with the provision. | ||
(4) (a) Subject to paragraph (b) of this subsection, the Minister shall not exercise the power conferred on him by section 2 (1) (a), section 2 (5) (a) or subsection (1) or (2) of section 3 of this Act so as to apply to or in respect of a person conditions which, as compared with the conditions which are affected by the exercise and which were in force in relation to the person immediately before such exercise, are less favourable, unless such application is dependent for its effect on the exercise (whether before or after the passing of this Act) by a person of an option. | ||
(b) The restriction contained in paragraph (a) of this subsection shall not apply in relation to the exercise by the Minister of any of the powers therein mentioned where— | ||
(i) the persons to or in respect of whom the conditions are applied in consequence of the exercise of the power comprise a class or description of persons specified for the purposes of this paragraph in a scheme or schemes or in regulations made under section 2 or 3, respectively, of this Act, and | ||
(ii) the said conditions, or any one or more of them, are to apply to or in respect of such persons from a date which— | ||
(I) is specified in the scheme or regulations and which as regards a particular person is not later than that on which the person became a person of the said class or description, and | ||
(II) is not earlier than, in case the said conditions relate to the provision of pensions for the widows, orphans or other dependents of persons of the said class or description, the 1st day of January, 1970, or in any other case, the 1st day of June, 1978. |