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Amendment of section 4 of Act of 2009
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2. Section 4 of the Act of 2009 is amended—
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(a) by the substitution of the following subsection for subsection (2):
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“(2) An amendment of a relevant provision amended by section 2 or 2A that would have the effect of increasing the remuneration payable to a public servant may only be made, and shall have such effect—
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(a) where—
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(i) the amendment is made by the Minister, including where it is made for a purpose referred to in paragraph (b), and
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(ii) the relevant provision is not—
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(I) a provision of an Act of the Oireachtas, or
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(II) a relevant provision that is made under an Act of the Oireachtas, save where that relevant provision is so made by the Minister,
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or
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(b) where—
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(i) the amendment is made by a person (other than the Minister)—
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(I) for the purposes of complying with any order of a court in respect of which there is no stay in being, or
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(II) for the purposes of complying with any enforceable determination of the Labour Court in respect of which there is no stay in being,
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and
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(ii) the relevant provision is not—
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(I) a provision of an Act of the Oireachtas, or
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(II) a relevant provision that is made under an Act of the Oireachtas, save where that relevant provision is so made by the person first-mentioned in subparagraph (i).”,
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and
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(b) in subsection (3), by the substitution of “subsection (2)(b)(i)” for “subsection (2)”.
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