S.I. No. 140/1957 - Local Government (Officers Age Limit) Order, 1957.

S.I. No. 140 of 1957.

LOCAL GOVERNMENT (OFFICERS AGE LIMIT) ORDER, 1957.

The Minister for Local Government in exercise of the powers conferred on him by sections 13 and 23 of the Local Government Act, 1941 (No. 23 of 1941) and section 24 of the Local Government Act, 1955 (No. 9 of 1955) hereby declares and orders as follows :—

1. This Order may be cited as the Local Government (Officers Age Limit) Order, 1957.

2.—(1) The age of sixty-five years shall be the age limit for every office under a local authority in relation to which the Minister for Local Government is the appropriate Minister for the purposes of Part II of the Local Government Act, 1941 .

(2) Where a holder of any such office is not entitled by law to a superannuation allowance on his resigning or otherwise ceasing to hold office and either is older than sixty-five years or will, should he reach that age, then still not be so entitled, the reference to the age of sixty-five years contained in paragraph (1) of this article shall have effect in the case of such holder as if it were a reference to the age on reaching which he becomes so entitled.

3.—(1) The Local Government (Officers Age Limit) Order, 1946 (S.R. and O. 1946 No. 333) shall be revoked as from the 1st day of January, 1958 as respects every office of a class specified in the Schedule to the said Order in relation to which the Minister for Local Government is the appropriate Minister for the purposes of Part II of the Local Government Act, 1941 .

(2) The following Orders made by the Minister for Local Government and Public Health under section 23 of the Local Government Act, 1941 , shall be revoked as from the 1st day of January, 1958 :—

(a) the Order made on 21st July, 1942, declaring an age limit for every office of county manager and assistant county manager and the orders amending the said order made on 16th March, 1944, 5th July, 1945, 8th September, 1945 and 27th September, 1946 ;

(b) the Order made on 16th October, 1943, declaring an age limit for every office of secretary of the council of a county and the orders amending the said order made on 3rd May, 1945 and 7th May, 1946 ;

(c) the Local Government (Officers Age Limit) Order, 1951 ( S.I. No. 310 of 1951 )

GIVEN under the Official Seal of the Minister for Local Government this first day of July, One Thousand Nine Hundred and Fifty-Seven.

PATRICK SMITH,

Minister for Local Government.

Explanatory Note.

This Order fixes an age limit for every office under a local authority in relation to which the Minister for Local Government is the appropriate Minister for the purposes of Part II of the Local Government Act, 1941 . The age limit is sixty-five for an officer who on retirement is entitled to a pension. For an officer who would not be entitled to a pension were he to retire at sixty-five, the age limit is the age at which he becomes so entitled.

Under section 23 (2) of the Local Government Act, 1941 , article 2 of this Order comes into force on 1st January, 1958. As from that date, existing age limit orders for offices to which this Order relates are revoked.