In short
This law amends the Local Authorities (Officers and Employees) Act, 1926, by making changes to its application regarding certain employees and the Minister's powers.
What it regulates
- The application of the Principal Act to specific offices or employments.
- The power of the Minister to revoke certain declarations made under the Principal Act.
- Specific sections of the Principal Act, namely section 5 and section 12.
Who it concerns
- Local authorities and their officers and employees.
- Nurses and midwives employed by local authorities.
Key points
- The Principal Act will no longer apply to the office or employment of nurse or midwife under a local authority.
- The Minister can revoke declarations that previously brought certain offices or employments under the Principal Act.
- A specific part of sub-section (2) of section 5 of the Principal Act is repealed.
- The period of "one month" in sub-section (2) of section 12 of the Principal Act is changed to "two months".
đ Legal text
Local Authorities (Officers and Employees) (Amendment) Act, 1940
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1940
Local Authorities (Officers and Employees) (Amendment) Act, 1940
Local Authorities (Officers and Employees) (Amendment) Act, 1940
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Bill History
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Commencement, Amendments, SIs made under the Act
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Number 15 of 1940.
LOCAL AUTHORITIES (OFFICERS AND EMPLOYEES) (AMENDMENT) ACT, 1940.
ARRANGEMENT OF SECTIONS
Section
1.
The Principal Act.
2.
Commencement.
3.
Exclusion of nurses and midwives from the Principal Act.
4.
Power to revoke certain declarations.
5.
Partial repeal of section 5 of the Principal Act.
6.
Amendment of section 12 of the Principal Act.
7.
Short title and collective citation.
Act Referred to
Local Authorities (Officers and Employees) Act, 1926
No. 39 of 1926
Number 15 of 1940.
LOCAL AUTHORITIES (OFFICERS AND EMPLOYEES) (AMENDMENT) ACT, 1940.
AN ACT TO AMEND THE
LOCAL AUTHORITIES (OFFICERS AND EMPLOYEES) ACT, 1926
. [27th June, 1940.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:â
The Principal Act.
1.â(1) In this Act the expression âthe Principal Actâ means the
Local Authorities (Officers and Employees) Act, 1926
(No. 39 of 1926).
(2) This Act shall be construed as one with the Principal Act, and accordingly every word and expression to which a particular meaning is assigned by or in the Principal Act for the purposes of that Act shall, in this Act, have the meaning so assigned to it.
(3) Wherever the Principal Act has been applied by any other Act to any particular office or employment or in relation to any board, committee, or other body (whether corporate or unincorporated), the Principal Act shall apply to such office or employment or in relation to such body with and subject to the amendments thereof effected by this Act.
Commencement.
2.âThis Act shall come into operation on such day as the Minister for Local Government and Public Health shall fix for that purpose.
Exclusion of nurses and midwives from the Principal Act.
3.âNotwithstanding anything contained in sub-section (1) of
section 2
of the Principal Act, that Act shall not apply to the office or employment of nurse under a local authority or to the office or employment of midwife under a local authority, and the expression âoffice to which this Act appliesâ shall, in the Principal Act, be construed and have effect accordingly.
Power to revoke certain declarations.
4.â(1) The Minister may at any time, with the concurrence of the Commissioners, revoke, either wholly or in respect of a particular office or employment or particular offices or employments, a declaration made (whether before or after the passing of this Act) by him under paragraph (c) of sub-section (1) of
section 2
of the Principal Act.
(2) Whenever any such declaration as is mentioned in the foregoing sub-section of this section is revoked under that sub-section, every office or employment in respect of which such declaration is so revoked shall thereupon cease to be an office or employment (as the case may be) to which the Principal Act applies, but without prejudice to the making, at any subsequent time, of a new declaration in respect thereof under paragraph (c) of sub-section (1) of
section 2
of the Principal Act.
Partial repeal of section 5 of the Principal Act.
5.âSo much of sub-section (2) of
section 5
of the Principal Act as begins with the words âor the expirationâ and ends with the words âfirst occursâ is hereby repealed.
Amendment of section 12 of the Principal Act.
6.â
Section 12
of the Principal Act is hereby amended by the deletion in sub-section (2) of the said section of the words âone monthâ and the substitution in lieu thereof of the words âtwo monthsâ, and the said section shall be construed and have effect accordingly.
Short title and collective citation.
7.â(1) This Act may be cited as the Local Authorities (Officers and Employees) (Amendment) Act, 1940.
(2) The Principal Act and this Act may be cited together as the Local Authorities (Officers and Employees) Acts, 1926 and 1940.
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