Local Government Act, 1925

Rights of existing officers.

43.—(1) If any officer of a local body who is in office at the date of the passing of this Act and at that date has more than ten years service as an officer of such local body signifies in writing within four months after the passing of this Act to such local body or if that body has been abolished then to a local body to which its powers and duties have been transferred his intention not to avail himself of all the provisions of this Part of this Act, this Part of this Act with the exception of sections 43 , 46 , 49 , 50 , 53 , 54 , 55 and 56 shall not apply to such officer.

(2) Any officer of a local body to whom by virtue of this section this Part of this Act does not wholly apply shall remain and be subject to such of the enactments repealed by this Act as relate to the granting of superannuation or compensation for loss of office to officers of local bodies as if this Act with the exception of the sections specified in sub-section (1) of this section had not been passed, save that in the application of section 8 of the Local Government (Ireland) Act, 1919, to the granting of an allowance to such officer by a local body the expression “case of dispute” in that section shall include a dispute of the right to or amount of an allowance granted after the passing of this Act raised by an auditor of the Minister duly appointed to audit the accounts of such local body, which dispute such auditor is hereby authorised to raise on the occasion of the audit of the accounts for the period in which the allowance is first paid but not afterwards.