Pier and Harbour Provisional Order Confirmation Act, 1937

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Number 1 (Private) of 1937.

PIER AND HARBOUR PROVISIONAL ORDER CONFIRMATION ACT, 1937.

ARRANGEMENT OF SECTIONS

SCHEDULE

SLIGO HARBOUR ORDER, 1936

Number 1 (Private) of 1937.

PIER AND HARBOUR PROVISIONAL ORDER CONFIRMATION ACT, 1937.

AN ACT TO CONFIRM THE SLIGO HARBOUR ORDER, 1936. [25th February, 1937.]

WHEREAS the Sligo Harbour Order, 1936, set out in the Schedule to this Act has been duly made by the Minister for Education, acting as Agent for the Minister for Industry and Commerce, under the General Pier and Harbour Act, 1861 , and the General Pier and Harbour Act, 1861, Amendment Act, as adapted by the Adaptation of Enactments Act, 1922 (No. 2 of 1922):

AND WHEREAS under the provisions of the said Acts the said Order is of no validity or force whatever unless and until confirmed by the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Confirmation of Order in Schedule.

1.—The Order set out in the Schedule to this Act is hereby confirmed and all the provisions thereof shall have full validity and force.

Short title.

2.—This Act may be cited as the Pier and Harbour Provisional Order Confirmation Act, 1937.

SCHEDULE.

SLIGO HARBOUR ORDER, 1936.

PROVISIONAL ORDER TO AUTHORISE THE PAYMENT OF PENSIONS AND ALLOWANCES TO OFFICERS AND SERVANTS OF THE SLIGO HARBOUR COMMISSIONERS AND FOR OTHER PURPOSES.

Short title.

1. This Order may be cited as the Sligo Harbour Order, 1936, and shall be read and construed as one with the Sligo Harbour Act, 1877, the Sligo Harbour Order, 1891, and the Sligo Harbour Order, 1903.

Commencement of Order.

2. This Order shall come into operation upon the day on which the Act confirming this Order is passed.

Interpretation.

3. In this Order—

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “the Commissioners” means The Sligo Harbour commissioners.

Pensions and allowances.

4. (1) The Commissioners may, if they so think fit, but subject to the previous consent in writing of the Minister, grant to any whole-time officer or servant in their employment who either—

(a) has attained the age of 65 years and has not less than 25 years' continuous service, or

(b) becomes incapable of discharging his duties with efficiency by reason of permanent infirmity of mind or body, not caused by his own misconduct, or of old age, and who has not less than ten years' continuous service,

upon his resigning or otherwise ceasing to be employed an annual allowance for his life, not exceeding in any case two-thirds of his annual remuneration and emoluments, and subject to that overriding limitation, not exceeding an annual sum calculated at the rate of one-sixtieth of his annual remuneration and emoluments for every completed year of service with the Commissioners.

(2) The Commissioners may, if they so think fit, but subject to the previous consent in writing of the Minister, grant to any whole-time officer or servant in their employment, who has not less than ten years' continuous service, and who retires or is removed from his employment in consequence of the abolition of his office or situation, or for the purpose of facilitating improvements in the organisation or working of the undertaking of the Commissioners, by which greater efficiency and economy can be effected, upon his retirement or removal, such special annual allowance for his life by way of compensation, as, on full consideration of the circumstances, shall appear to the Commissioners to be a reasonable and just compensation for the loss of his office or situation, but not exceeding in any case two-thirds of his annual remuneration and emoluments and, subject to that overriding limitation, not exceeding an annual sum calculated at the rate of one-sixtieth of his annual remuneration and emoluments for every completed year of service with the Commissioners.

(3) The Commissioners may, if they so think fit, but subject to the previous consent in writing of the Minister, grant to any whole-time officer or servant who has had less than ten years' continuous service with the Commissioners, and who either—

(a) becomes incapable of discharging his duties with efficiency by reason of permanent infirmity of mind or body, not caused by his own misconduct, or of old age, or,

(b) retires or is removed from his employment in consequence of the abolition of his office or situation, or for the purpose of facilitating improvements in the organisation or working of the undertaking of the Commissioners, by which greater efficiency and economy can be effected,

upon his retiring or ceasing to be employed, a gratuity not greater than one-twelfth of his annual remuneration and emoluments for every completed year of service with the Commissioners.

(4) The payment of any allowances and gratuities authorised to be paid by this section shall be a purpose to which the duties, rates, tolls or other income received by the Commissioners may be applied.

(5) In this section the expression “annual remuneration and emoluments” means in relation to any officer or servant who has been employed for not less than three years the average annual amount of his remuneration and emoluments during the three years ending on the day on which he resigns or otherwise ceases to be employed, and in relation to an officer or servant who has been employed for less than three years, the average annual amount of his remuneration and emoluments during his whole period of service; and the expression “emoluments” includes all fees, poundage and other payments appertaining to his office or employment made to any officer or servant for his own use, and also the money value of any apartments, rations or other allowances in kind appertaining thereto.

Granting οf allowances to be extraordinary business.

5. Proposals for the granting of any annual allowance for life or any special annual allowance for life or gratuity under the provisions of this Order shall be extraordinary business for the purposes of the application thereto of the provisions of Clause XLIII of the Commissioners Clauses Act, 1847.

Prohibition of alienation of allowances.

6. (1) Every assignment of and every charge on and every agreement to assign or charge an annual allowance for life or a special annual allowance for life under this Order shall be void.

(2) No annual allowance for life or special annual allowance for life granted under this Order shall be capable of being taken in execution or otherwise alienated by process of law for the payment of any debts or liabilities of the person to whom such allowance was granted.

Incorporation of Harbour Clauses Act, 1847.

7. The Harbours, Docks and Piers Clauses Act, 1847, shall be incorporated with this Order to the extent only to which it is incorporated with the Sligo Harbour Act, 1877, the Sligo Harbour Order, 1891, and the Sligo Harbour Order, 1903.

Costs of Order.

8. All costs, charges and expenses of and incident to the preparation and obtaining of this Order and otherwise necessarily incurred in reference thereto (as taxed by the proper officer) may be paid by the Commissioners out of any of their funds.