Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions) Act, 1973

Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions) Act, 1973 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1973 Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions) Act, 1973 Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions) Act, 1973 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 12 of 1973 REGULATION OF BANKS (REMUNERATION AND CONDITIONS OF EMPLOYMENT) (TEMPORARY PROVISIONS) ACT, 1973 ARRANGEMENT OF SECTIONS Section

Section 1

Commencement and expiry.

Section 2

Definitions.

Section 3

Reference to Labour Court and power to prohibit temporarily increases of remuneration, etc. paid by banks.

Section 4

Power to prohibit increases of remuneration paid by banks.

Section 5

Penalties.

Section 6

Prosecution of bodies of persons.

Section 7

Offences in relation to bodies corporate and unincorporated bodies of persons.

Section 8

Authorised officers.

Section 9

Powers of authorised officers.

Section 10

Exclusion of civil liability of banks in certain cases.

Section 11

Laying of orders before Houses of Oireachtas.

Section 12

Expenses.

Section 13

Short title.

Acts Referred to Central Bank Act, 1971 1971, No. 24 Companies Act, 1963 1963, No. 33 Industrial Relations Act, 1946 1946, No. 26 Number 12 of 1973 REGULATION OF BANKS (REMUNERATION AND CONDITIONS OF EMPLOYMENT) (TEMPORARY PROVISIONS) ACT, 1973 AN ACT TO ENABLE THE MINISTER FOR LABOUR TO REGULATE FOR A LIMITED PERIOD THE REMUNERATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT OF EMPLOYEES OF BANKS AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID. [13th July, 1973] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Commencement and expiry.

1.—(1) If the Minister is satisfied that in order to maintain, in the national interest, general adherence to the National Agreements it is necessary for him to do so, he may by order appoint a day on which this Act shall come into operation.

Definitions.

2.—In this section— “bank” means the holder of a licence for the time being in force under section 9 of the Central Bank Act, 1971 , and any company (within the meaning of the Companies Act, 1963 ) which is, or if every such holder were a company (within the meaning aforesaid), would be, a subsidiary (within the meaning of the said Companies Act, 1963 ) of any such holder; “the National Agreements” means the Employer-Labour Conference National Agreement made on the 21st day of December, 1970, and the Employer-Labour Conference National Agreement made on the 31st day of July, 1972; “the Minister” means the Minister for Labour.

Reference to Labour Court and power to prohibit temporarily increases of remuneration, etc. paid by banks.

3.—(1) Where any banks, whether before, on or after the commencement of this Act, pay or agree to pay increases of remuneration to any of their employees or amend or vary or agree to amend or vary any other terms or conditions of employment of any of their employees so as to provide improved or more favourable terms or conditions of employment for them— (a) the Minister may refer the matter to the Labour Court, and (b) the Labour Court shall, if the matter is referred to it— (i) consider it and determine, in like manner as if the matter were referrable to it under the procedure in the National Agreements for resolving disputes relating to matters covered by those Agreements and had been so referred to it, whether the payment or making of the increases, improvements or variations is, or (if they have not been paid or made) would, if they were paid or made, be, at variance with the provisions or purposes of the National Agreements and of this Act, and (ii) furnish a report thereon to the Minister together with such recommendations (if any) as it thinks proper, and the Industrial Relations Acts, 1946 and 1969, shall apply and have effect in relation to the reference as if it were a reference under section 24 of the Industrial Relations Act, 1946 , and (c) if, having considered the report of the Labour Court in relation to the matter, the Minister decides not to make an order under section 4 of this Act in relation thereto, he shall, as soon as may be, cause notice of his decision to be published in the Iris Oifigiúil and, if an order was made under this section in relation to the matter, thereupon it shall, for the purposes of the entitlement of any employees to whom it applied to any increases of remuneration or amendments or variations of any other terms or conditions of employment, be deemed never to have been in force.

Power to prohibit increases of remuneration paid by banks.

4.—(1) Where— (a) any banks, whether before, on or after the commencement of this Act, pay or agree to pay increases of remuneration to any of their employees or amend or vary or agree to amend or vary any other terms or conditions of employment of any of their employees so as to provide improved or more favourable terms or conditions of employment for them, and (b) the Labour Court determines, in a report furnished to the Minister under section 3 of this Act, or a report or recommendation made, whether before, on or after, such commencement, under section 24 of the Industrial Relations Act, 1946 , that the payment or making of the increases, improvements or variations is or (if they have not been paid or made) would, if they were paid or made, be at variance with the provisions or purposes of either of the National Agreements or this Act, the Minister may by order determine, for or in respect of the period to which the order relates, the remuneration and other terms and conditions of employment of those employees and may prohibit the payment, after the commencement of the order, by those banks to those employees of any increases of the remuneration so determined and the making, during or in respect of the period aforesaid, by those banks of any amendments or variations of the other terms or conditions of employment of those employees as so determined that would provide improved or more favourable terms or conditions of employment for them.

Penalties.

5.—(1) A person guilty of an offence under this Act shall be liable— (a) on summary conviction, to a fine not exceeding £200, or (b) on conviction on indictment, to a fine not exceeding £10,000, together with, in the case of an offence under section 3 or 4 of this Act which is a continuing offence, a further fine not exceeding £10,000 for each day upon which the offence is continued.

Prosecution of bodies of persons.

6.—A body corporate may be sent forward for trial or sentence and may be prosecuted on indictment for an offence under this Act and any unincorporated body of persons may be prosecuted as if it were a body corporate.

Offences in relation to bodies corporate and unincorporated bodies of persons.

7.—Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any person, being a director, member of the committee of management or other controlling authority thereof, or manager, secretary, or other officer thereof, that person shall also be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly.

Authorised officers.

8.—(1) The Minister may appoint such and so many officers of a Department of State as he thinks fit to be authorised officers for the purposes of this Act.

Powers of authorised officers.

9.—(1) An authorised officer may, for the purpose of obtaining any information which the Minister may require for enabling him to exercise his functions under this Act, do any one or more of the following things: (a) at all reasonable times enter premises of a bank, (b) require any person, being a director or a member of the committee of management or other controlling authority of the bank or an employee thereof, to produce to him any records, books or documents which are in the person's power or control and which the officer has reasonable grounds for believing to be records, books or documents containing information of the kind aforesaid and to give him such information as he may reasonably require in regard to any entries in any such records, books or documents, (c) inspect and copy or take extracts from any such records, books or documents.

Exclusion of civil liability of banks in certain cases.

10.—An action shall not lie in any court in respect of any failure or omission by a bank to pay an increase of remuneration to an employee or to amend or vary any other term or condition of employment of an employee if the failure or omission was the result of compliance by the bank with the provisions of this Act or an order thereunder.

Laying of orders before Houses of Oireachtas.

11.—Every order made under section 3 or section 4 of this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Expenses.

12.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Short title.

13.—This Act may be cited as the Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions) Act, 1973.

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