No. 15/1940:

LOCAL AUTHORITIES (OFFICERS AND EMPLOYEES) (AMENDMENT) ACT, 1940

ARRANGEMENT OF SECTIONS

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.

AN ACT TO AMEND THE LOCAL AUTHORITIES (OFFICERS AND EMPLOYEES) ACT, 1926 .

[27th June, 1940.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act the expression "the Principal Act" 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.

2.—This Act shall come into operation on such day as the Minister for Local Government and Public Health shall fix for that purpose.

3.—Notwithstanding 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 "office to which this Act applies" shall, in the Principal Act, be construed and have effect accordingly.

4.—(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.

5.—So much of sub-section (2) of section 5 of the Principal Act as begins with the words "or the expiration" and ends with the words "first occurs" is hereby repealed

6.—Section 12 of the Principal Act is hereby amended by the deletion in sub-section (2) of the said section of the words "one month" and the substitution in lieu thereof of the words "two months", and the said section shall be construed and have effect accordingly.

7.—(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.