S.I. No. 52/1998 - Organisation of Working Time (Exemption of Civil Protection Services) Regulations, 1998.


S.I. No. 52 of 1998.

ORGANISATION OF WORKING TIME (EXEMPTION OF CIVIL PROTECTION SERVICES) REGULATIONS, 1998.

WHEREAS section 3 of the Organisation of Working Time Act, 1997 (No. 20 of 1997), enables the exemption from the application of one or more provisions of that Act of persons employed in any class or classes of activity in the civil protection services where, in the opinion of the Minister for Enterprise, Trade and Employment and any other Minister of the Government in whom functions stand vested in relation to the service concerned, the inherent nature of the activity is such that, if the provision concerned were to apply to the said person, the efficient operation of the service concern would be adversely affected,

AND WHEREAS—

(a) the Minister for Labour, Trade and Consumer Affairs (in exercise of the powers hereafter recited) has formed such an opinion in relation to the classes of activity hereafter mentioned in these Regulations,

and

(b) the Minister for Justice, Equality and Law Reform, the Minister for the Environment and Local Government, the Minister for Public Enterprise and the Minister for the Marine and Natural Resources (being each Ministers of the Government in whom functions stand vested in relation to the civil protection services to which the classes of activity hereafter mentioned in these Regulations relate) have each formed such an opinion in relation to the particular class of activity to which the said functions vested in him or her relate,

NOW, I, Tom Kitt, Minister for Labour, Trade and Consumer Affairs, in exercise of the powers conferred on me by section 3 of the Organisation of Working Time Act, 1997 (No. 20 of 1997), as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 ), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 330 of 1997 ), and having complied with subsection (3) of the said section 3, hereby make the following regulations:

1 Citation and commencement

1. These Regulations may be cited as the Organisation of Working Time (Exemption of Civil Protection Services) Regulations, 1998, and shall come into operation on the 1st day of March, 1998.

2 Definitions

2. In these Regulations—

"fire authority" has the same meaning as it has in the Fire Services Act, 1981 (No. 30 of 1981);

"place of detention" means a place of detention provided under section 2 of the Prisons Act, 1970 (No. 11 of 1970);

"prison" includes Saint Patrick's Institution (within the meaning of the Criminal Justice Act, 1960 (No. 27 of 1960)).

3 Exemption

3. The persons employed in each of the classes of activity specified in the Schedule to these Regulations are, as respects the carrying out of the duties involved in that activity, hereby exempted from the application of sections 11 , 12 , 13 , 15 and 16 of the Organisation of Working Time Act, 1997 (No. 20 of 1997).

SCHEDULE

1. The activity of a person employed in a prison or place of detention, being an activity that involves the maintenance of security in that prison or place of detention or the control or care of prisoners and which cannot be carried on within the normal rostering schedules applicable to that prison or place of detention.

2. The activity of a person employed by a fire authority in the position commonly known as retained fire fighter.

3. The activity of a person, other than a member of the Garda Síochána, employed as an authorised officer (within the meaning of the Air Navigation and Transport Acts, 1950 to 1988, and any enactment amending or extending those Acts).

4. The activity of a person employed by Dublin Port Company as a member of its harbour police.

5. The activity of a person employed in the Irish Marine Emergency Service, not being an activity of a clerical nature.

GIVEN under my hand, this 26th day of February, 1998.

TOM KITT, T.D.,

Minister for Labour, Trade and Consumer Affairs.

EXPLANATORY NOTE.

These Regulations prescribe that persons employed in the activities in the civil protection services specified in the Schedule shall be exempt from the application of sections 11 , 12 , 13 , 15 and 16 of the Organisation of Working Time Act, 1997 dealing respectively with daily rest, rest and intervals at work, weekly rest, weekly working hours and nightly working hours.