S.I. No. 167/1943 - Garda Síochána Allowances (Consolidation) Order, 1943.

STATUTORY RULES AND ORDERS. 1943. No. 167.

GARDA SIOCHANA ALLOWANCES (CONSOLIDATION) ORDER, 1943.

WHEREAS it is enacted by sub-section (1) of Section 12 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), that the Minister for Justice may, with the sanction of the Minister for Finance, from time to time by order regulate and appoint the rates of pay and allowances (including conditions applicable thereto) to be paid to the several ranks and to the several grades of each rank of the officers and men of the Gárda Síochána :

AND WHEREAS it is enacted by sub-section (2) of the said Section 12 that before making an order under that section the Minister for Justice shall cause the draft of the order to be submitted to the several representative bodies representing the several ranks and grades of the Gárda Síochána who would be affected by the Order when made and shall consider any representations made to him in respect of the draft order by any such representative body :

AND WHEREAS before making this Order the Minister for Justice duly caused the draft thereof to be submitted to the several representative bodies representing the several ranks and grades of the Gárda Síochána who would be affected by this Order when made and has considered the representations made to him in respect of the said draft order by such representative bodies :

NOW, I, GERALD BOLAND, Minister for Justice, in exercise of the powers conferred on my by Section 12 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), and of every and any other power me in this behalf enabling, and with the sanction of the Minister for Finance testified by his official seal affixed hereto, do hereby order as follows :—

1 Short Title

1. This Order may be cited as the Gárda Síochána Allowances (Consolidation) Order, 1943.

2 Interpretation

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to the Order.

3 Definitions

3. In this Order—

the expression "the Minister" means the Minister for Justice,

the expression "the Commissioner" means the Commissioner of the Gárda Síochána,

the expression "the Force" means the Gárda Síochana.

4 Rent allowance

4. (1) Rent allowance shall be paid at the following rates to every member of the Force for whom, or (if married) for whose family, suitable official quarters are not available :—

(2) The Minister may, with the consent of the Minister for Finance, add to such one of the Schedules hereto as he may consider appropriate the name of any place where a new station has been established.

(3) In the case of a married member of the Force for whose family official quarters are not available and who is not separated from his family the rate payable shall be that applicable to the place where the member is stationed. Where the member is separated from his family and the rent allowance at the place of residence of the family is at a rate lower than that applicable to the station of the member concerned, the lower rate shall be paid; but if at a higher rate, the Minister may authorise payment at the higher rate if he is satisfied that suitable accommodation for the family cannot be obtained in reasonable proximity to the station of the member.

(4) Where a married member of the Force, having been transferred, is unable to find suitable unfurnished quarters for his family in reasonable proximity to his new station, he may be granted a special temporary allowance in addition to the allowance payable under Article 4 (1) of this Order towards meeting the extra expense necessarily involved by reason of his being obliged to take furnished quarters at that station. Each case of this nature will be considered on its merits and the appropriate allowance shall be fixed by the Minister within such limitations and subject to such restrictions as may from time to time be laid down by the Minister for Finance.

(5) For the purpose of this Order a widower with a child or children under the age of 16 years shall be regarded as a married man. Where the child or children have reached the age of 16 years, the Minister, with the consent of the Minister for Finance, may authorise the continued payment of rent allowance, if he is satisfied that the circumstances of the case warrant such a procedure.

(6) The Deputy Commissioner of the Force, who formerly served as Commissioner of the Dublin Metropolitan Police, shall, while he continues to hold office as Deputy Commissioner, be entitled to rent allowance at the personal rate of £120 per annum.

5 Subsistence allowance

5. (1) Members of the Force employed on duty away from their permanent stations shall be paid allowances at the rates set out in the followiing paragraphs.

(2) Where a night's absence from the permanent station is not involved, the following rates shall apply:—

(3) Where an absence of one or more nights is involved and where neither sleeping accommodation nor messing facilities are available, the rates for each night up to 24 hours shall be as follows :—

Provided that in the case of an absence of less than 24 hours where the expense of lodging has not been incurred, the night rate of subsistence allowance shall not be payable unless the absence was of not less than 18 hours duration and covered the period from 11 p.m. to 4 a.m.

(4) Where sleeping accommodation is provided but where no messing facilities are available, or can conveniently be made available, the rates for each night up to 24 hours shall be as follows:—

(5) Where men are absent on duty from their permanent stations and both sleeping accommodation and messing facilities are available, they shall, if unmarried, or if married and already separated from their families, be entitled to an allowance at the rate of sixpence a night for not more than the first seven nights of absence: if married and not already separated from their families, they shall receive an allowance at the rate of two shillings per night for not more than the first thirty nights of absence.

(6) For the purposes of paragraphs (3) (4) and (5) of this Article, an absence of one or two nights from the temporary centre shall not be regarded as breaking the continuity of the stay at that centre. This provision shall not be construed as rendering the absence of one or two nights as reckonable as part of the stay at the temporary centre.

(7) Subsistence allowance shall not be paid to any member of the Force in respect of absence for the purpose of attending a Promotion Examination.

(8) Subsistence allowance shall not ordinarily be paid in respect of absences on duty performed in the day-time within a distance of two miles from the Station.

6 Special subsistence allowance

6. Members of the Force who have been suspended from duty may be granted at the discretion of the Commissioner a special subsistence allowance in lieu of pay during the period of suspension at the following rates:—

Where a member, having been suspended, is dismissed or resigns without having resumed duty, no allowance shall be paid to him in respect of the period of suspension except the aforesaid special subsistence allowance and his rent allowance, if any.

7 Locomotion expenses

7. (1) Officers shall be paid locomotion expenses necessarily incurred by them in the performance of their duty. Chief Superintendents and higher ranks travelling by rail shall be allowed first-class and Superintendents second-class train fares, but, where second-class is not available, Superintendents may be allowed first-class fares. Public conveyance shall be utilised whenever the nature of the duty permits. Officers and Inspectors using their private motor cars or motor cycles in the performance of their duty shall be paid locomotion allowance at such rates and subject to such conditions as may from time to time be fixed by the Minister for Finance.

In cases where the Minister shall see fit he may, with the consent of the Minister for Finance, fix an inclusive locomotion allowance at any time for a particular district or division.

(2) Inspectors and lower ranks shall, where railway vouchers have not been issued, be allowed their actual train fare (third class) for travelling on duty, except on patrol duty; or, if a train is notavailable, the cost of the least expensive form of suitable conveyance. All such locomotion expenses shall be certified by the District Officer, and, in any case where trains have been used or cars hired, it must be clearly shown that bicycles could not reasonably have been used.

(3) Locomotion allowance at the following rates shall be paid to Superintendents and Inspectors stationed in the Dublin Metropolitan Area (excluding Headquarters and the Depot) to cover all expenses of locomotion within that Area:—

(4) No payment shall be made in respect of locomotion expenses incurred by any member of the Force in attending a Promotion Examination.

8 Cycling allowance

8. (1) An allowance at the rate of £4 per annum shall be paid to each Inspector, Sergeant and Guard outside the Dublin Metropolitan Division who has been directed by the Commissioner to provide himself with a bicycle for use on duty. The payment of this allowance shall be subject to a certificate by the District Officer that the member concerned has in his possession a bicycle in good order and is willing to use it on police duty when ordered to do so.

(2) Sergeants and Guards stationed in the Dublin Metropolitan Division who are directed to use bicycles on duty may be paid cycling allowance at such rate as may be sanctioned by the Minister for Finance.

9 Transfer expenses

9. Members of the Force transferred from one station to another, unless transferred as a punishment or at their own request, shall be allowed expenses of transfer within such limitations and subject to such conditions as may from time to time be fixed by the Minister with the sanction of the Minister for Finance.

10 Uniform allowance

10. (1) An initial uniform allowance of £40 shall be paid on first appointment as an officer, but, in the cases of officers promoted from the rank of Inspector who received an initial uniform allowance on appointment to the rank of Inspector, the uniform allowance on promotion to officer rank shall be £20. An annual uniform maintenance allowance of £15 shall be paid after the first year's service as an officer. The initial uniform allowance shall not be paid on promotion from one officer rank to another.

(2) An initial uniform allowance of £30 shall be paid on first appointment to Inspector rank and an annual uniform maintenance allowance of £10 after the first year.

(3) Where, in the case of a member of the Force below the rank of Inspector, uniform is not supplied fitted by a contractor, a uniform allowance shall be paid for making up uniform at such rates as may from time to time be authorised by the Minister with the sanction of the Minister for Finance.

(4) No allowance under this Article shall be paid to Officers or Inspectors who are in receipt of plain clothes allowance.

11 Boot allowance

11. Boot allowance at the rate of £2 15s. per annum shall be paid to all members of the Force not being of higher rank than Inspector.

12 Plain clothes allowance

12. Members of the Force employed in plain clothes, under the authority of the Commissioner, shall be paid a plain clothes allowance at the following rates while so employed:—

Provided that this allowance shall not be paid unless the member concerned was employed in plain clothes for at least seven days within a calendar month.

13 Detective allowance

13. Members of the Force who are employed under the authority of the Commissioner on detective duties shall be paid an allowance at the rate of 7/- per week to cover casual expenses incidental to detective work, provided that this allowance shall not be paid unless the member concerned was employed on detective duties for at least seven days within a calendar month. It shall not be paid to men engaged merely on clerical duties in connection with detective work.

14 Transport allowance

14. An allowance at the rate of 25/- per month shall be paid to members of the Force wholly employed as drivers or mechanics in the Motor Transport Section. This allowance shall be paid to drivers for the Detective Units stationed throughout the country.

15 Hospital expenses

15. Where the local medical attendant or the surgeon certifies that the removal to hospital of a member of the Force suffering from illness is necessary, an allowance shall be made to cover reasonable removal expenses.

Where the illness is due to injuries received in the course of duty without wilful default or negligence, the Minister shall have power to authorise payment of hospital expenses necessarily incurred.

16 Miscellaneous allowances

16. (1) An allowance at the rate of £50 per annum shall be paid to the Superintendent acting as Private Secretary to the Commissioner.

(2) In case of duty of an exceptional character or in any special circumstances not provided for in this Order, the Minister may, with the sanction of the Minister for Finance, authorise the payment of such allowance as he considers to be appropriate.

17 Stoppages

17. The allowances authorised by this Order shall be subject to such stoppages in respect of periods of illness or suspension as may be prescribed by the Minister with the concurrence of the Minister for Finance.

18 Allowances not to be taken into account for pension purposes

18. None of the allowances authorised by this Order shall be taken into account for the purpose of computing the pension or gratuity of any member of the Force, or the pension, gratuity, or allowance of a wife, child, or dependant of any member of the Force.

19 Cesser of Gárda Síochána Allowances Orders, 1926 to 1943

19. The Gárda Síochána Allowances Orders, 1926 to 1943, shall cease to have effect, but any provisions prescribed under Article 13 of the Gárda Síochána Allowances Order, 1926, shall continue in force as if they were prescribed under Article 17 of this Order.

20 Commencement

20. (1) This Order shall come into operation on the 1st day of April, 1943.

(2) Notwithstanding anything contained in paragraph (1) of this Article, the provisions contained in paragraphs (2) and (3) of Article 5 and in Article 6 of this Order shall be deemed to have had effect, in lieu of the corresponding provisions of the Gárda Síochana Allowances Orders, 1926 to 1943, during the period beginning on the 1st day of January, 1943, and ending on the 31st day of March, 1943.

GIVEN under the Official Seal of the Minister for Justice, this 29th day of March, 1943.

(Signed) GERALD BOLAND.

The Minister for Finance hereby sanctions the foregoing Order.

Given under the Official Seal of the Minister for Finance, this 29th day of March, 1943.

(Signed) J. J. McELLIGOTT.

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