Local Government Act, 1955

Amendment of section 19 of Act of 1941.

14.—Section 19 of the Act of 1941 is hereby amended as follows:

(I) the following paragraphs shall be substituted for paragraph (j) of subsection (1):—

“(j) providing, in case of holders being ill, absent or incapacitated, for the performance of their duties by deputy or substitute,

(k) providing for restrictions on holders engaging in any other gainful occupation,

(l) providing for the removal from office by local authorities of holders who hold in a permanent capacity and prescribing the procedure to be adopted and the conditions to be fulfilled in relation to such removals,

(m) providing for the imposition by local authorities on holders of suspensions from performance of duties (including short-term disciplinary suspensions, not exceeding seven days), the non-payment of remuneration during the continuance of the suspensions and, upon the termination thereof, the forfeiture (in whole or in part), payment or disposal otherwise of remuneration which would, but for the suspensions, have been paid during the periods thereof,

(n) providing for the supplementing of the regulations by directions (being directions for the purpose of giving effect to the regulations, but neither extending the regulations nor widening their scope) given from time to time by the appropriate Minister.”

(II) the following subsections shall be added to the section:—

“(4) Where the making of any order or recommendation, the giving of any certificate, approval or sanction or the doing of any other act by the holder of an office is required for the purposes of any enactment or order, such order, recommendation, certificate, approval, sanction or act, when made, given or done by a deputy or substitute performing the duties of the holder pursuant to regulations under this section during a period when the holder is ill, absent or incapacitated, shall be as valid for all purposes as if it had been made, given or done by the holder in person.

(5) Every regulation made under this section 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 is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.”