S.I. No. 187/1966:

COMMITTEES OF AGRICULTURE (SALARIES OF OFFICERS) REGULATIONS, 1966.

COMMITTEES OF AGRICULTURE (SALARIES OF OFFICERS) REGULATIONS, 1966.

I, CHARLES J. HAUGHEY, Minister for Agriculture and Fisheries , in exercise of the powers conferred on me by section 27 (1) of the Agriculture Act, 1931 (No. 8 of 1931), and section 6 of the Agriculture (Amendment) Act, 1958 (No. 17 of 1958), as adapted by the Agriculture (Alteration of Name of Department and Title of Minister) Order, 1965 ( S.I. No. 146 of 1965 ), hereby make the following regulations :

1. (1) These Regulations may be cited as the Committees of Agriculture (Salaries of Officers) Regulations, 1966.

(2) The Committees of Agriculture (Salaries of Officers) Regulations, 1964 and 1965, and these Regulations may be cited together as the Committees of Agriculture (Salaries of Officers) Regulations, 1964 to 1966.

(3) These Regulations shall be deemed to have come into operation on the 1st day of January, 1964.

2. Notwithstanding anything contained in the Committees of Agriculture (Salaries of Officers) Regulations, 1964 ( S.I. No. 239 of 1964 ), or the Committees of Agriculture (Salaries of Officers) Regulations, 1965 ( S.I. No. 67 of 1965 ), the scales of salaries for such officers of committees of agriculture holding office in a pensionable capacity as are specified in the Schedule hereto shall be in accordance with the provisions of that Schedule.

SCHEDULE

PART I

PRELIMINARY AND GENERAL.

1. (1) In this Schedule--

" the Minister " means the Minister for Agriculture and Fisheries;

" committee " means a committee of agriculture;

" existing " in relation to an officer of a committee means a person who was an officer of a committee on the 1st day of January, 1964, or who became an officer of a committee after that day and before the day of the making of these Regulations;

" salary " shall be construed as meaning, in relation to any officer of a committee, annual salary exclusive of--

(a) any allowance for cost of subsistence, hotel expenses and travelling, and

(b) any additional temporary remuneration in respect of the performance in a temporary capacity of the duties of an office higher than the officer's ordinary office.

(2) Where a person, who was an officer of a committee (in this subparagraph referred to as the abolished committee) appointed under the Agriculture and Technical Instruction (Ireland) Act, 1899, by the council of a county or of such council in relation to or for the purpose of functions, powers and duties performed by such council through such committee, was transferred to a committee of agriculture by section 43 of the Agriculture Act, 1931 (No. 8 of 1931), the service of that person under the abolished committee shall for the purposes of this Schedule be treated as service with that committee of agriculture.

(3) Service of an officer with a committee shall for the purposes of this Schedule include service of the officer with the committee before the 1st day of January, 1964.

2. The following provisions shall have effect in relation to increments of salaries of officers of committees under this Schedule :

(a) no increment shall be granted by a committee to any officer without the written approval of the Minister;

(b) any increment or increments authorised by this Schedule to be granted to an officer of a committee may be withheld if the service of the officer is not in the opinion of the committee or the Minister satisfactory;

(c) any increment or increments granted to an officer of a committee may be withdrawn if the service of the officer is not in the opinion of the committee or the Minister satisfactory.

3. (1) Where an appointment to the office of Chief Agricultural Officer or Deputy Chief Agricultural Officer is made by a committee (in this paragraph referred to as the appointing committee), and the person appointed to the office (in this paragraph referred to as the said office) held previous to that appointment one or more of the following, that is to say :

(a) an office similar to the said office under a committee, or

(b) an office under the Minister, or

(c) an appointment specially approved by the Minister for the purposes of this paragraph,

the appointing committee may, subject to the provisions of this paragraph,

(d) fix the initial salary of that person at an incremental point higher than the minimum salary under this Schedule for the said office, provided that, but without prejudice to subparagraph (2), such salary shall not be fixed--

(i) in case the said office is the office of Chief Agricultural Officer--at a point more than three increments above the minimum, and

(ii) in case the said office is the office of Deputy Chief Agricultural Officer--at a point more than five increments above the minimum, and

(e) for the purpose mentioned at (d), the appointing committee may take into account and have regard to the period or periods during which that person held one or more of the following, that is to say, the offices mentioned at (a) and (b) or the appointment mentioned at (c), provided that, but without prejudice to subparagraph (2),

(i) where the said office is the office of Chief Agricultural Officer, the following shall apply--

(I) in a case in which there is one period only, it shall not be taken into account or regarded unless it exceeds ten years and, if it exceeds ten years, only the excess shall be taken into account and regarded, and

(II) In a case in which there are two or more periods, they shall not be taken into account or regarded unless their aggregate exceeds ten years and, if their aggregate exceeds ten years, only the excess shall be taken into account and regarded, and

(ii) where the said office is the office of Deputy Chief Agricultural Officer, the following shall apply--

(I) in a case in which there is one period only, it shall not be taken into account or regarded unless it exceeds five years and, if it exceeds five years, only the excess shall be taken into account and regarded, and

(II) in a case in which there are two or more periods, they shall not be taken into account or regarded unless their aggregate exceeds five years and, if their aggregate exceeds five years, only the excess shall be taken into account and regarded.

(2) Where the person appointed to the said office held, immediately prior to that appointment, an office (in this subparagraph referred to as the previous office) under a committee, the initial salary to be fixed in accordance with the provisions of this paragraph by the appointing committee shall not be lower than the salary of that person in respect of the previous office immediately prior to his appointment to the said office.

(3) Where the person appointed to the said office held, immediately before that appointment, an office (in this subparagraph referred to as the previous office) under a committee, the appointing committee do not fix pursuant to subparagraph (1) the initial salary of that person, that salary shall be--

(a) the same as the salary of that person in respect of the previous office immediately prior to his appointment to the said office, or

(b) the minimum salary prescribed by Part II in respect of the said office, whichever is the greater.

(4) A committee shall not exercise the power conferred by this paragraph unless--

(a) the committee has obtained the prior sanction of the Minister for the exercise of the power, and

(b) notice of intention to exercise the power has been given in such manner as the Minister may direct to all prospective candidates for the office in respect of which the power is proposed to be exercised, and

(c) the sanction of the Minister for the actual initial salary proposed has been obtained.

(5) Any appointment which, immediately before the 1st day of January, 1964, stood specially approved by the Minister for the purposes of paragraph 3 of the Schedule to the Committees of Agriculture (Salaries of Officers) Regulations, 1964, or stood regarded as so specially approved shall be regarded as an appointment specially approved by the Minister for the purposes of this paragraph.

PART II.

SCALES OF SALARIES.

4. (1) Existing officers shall, subject to the next subparagraph, enter on the scales of salary prescribed by this Part in accordance with the Tables contained in Part III.

(2) The said Tables shall have effect subject to the following provisions :

(a) references to the relevant date shall be construed as references to either--

(i) the 1st day of January, 1964, in the case of column (1) of both Tables and the 1st day of February, 1964, in the case of column (3) of both Tables, or

(ii) the later day on which the person concerned became an officer of a committee,

as may be appropriate ;

(b) where an officer's pay as referred to in column (1) or column (3) of either Table would have been between two successive points in the column which differ in amount, the entry point on the new scale shall be calculated on a proportionate basis.

(3) An officer of a committee shall not proceed or be allowed to proceed on a scale of salary prescribed by this Part in relation to that officer further than the point reached at the incremental date immediately preceding the date on which that officer attained the age of sixty-five years.

(4) Where as respects an appointment to an office--

(a) subparagraph (2) or subparagraph (3) of paragraph 3 applies, and

(b) the officer, if he had not been appointed to the office, would, on the 1st day of April next following his appointment to the office, have been eligible for the grant of an increment in respect of the office which he would have continued to hold but for his said appointment,

any increment falling to be granted to him on that 1st day of April shall not be less than the said increment for the grant of which he would have been eligible.

5. Subject to the provisions of paragraph 4, the scale of salary for Chief Agricultural Officers shall--

(a) with effect from the 1st day of January, 1964, be 1,680-65-2,265 per annum, and

(b) with effect from the 1st day of February, 1964, be 1,880--74--2,472--68--2,540 per annum.

6. Subject to the provisions of paragraph 4, the scale of salary for Deputy Chief Agricultural Officers shall--

(a) with effect from the 1st day of January, 1964, be 1,310--64--1,886--59--1,945 per annum, and

(b) with effect from the 1st day of February, 1964, be 1,465-72-2,113-67-2,180 per annum.

PART III

Tables (entry points for existing officers).

TABLE I--CHIEF AGRICULTURAL OFFICERS.

TABLE II--DEPUTY CHIEF AGRICULTURAL OFFICERS.

GIVEN under my Official Seal, this 4th day of August, 1966.

CHARLES J. HAUGHEY

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

These Regulations prescribe scales of salaries for Chief Agricultural Officers and Deputy Chief Agricultural Officers holding office in a pensionable capacity under Committees of Agriculture.