S.I. No. 288/1951 - Civil Service (Remuneration) (No. 2) Regulations, 1951.

S.I. No. 288 of 1951.

CIVIL SERVICE (REMUNERATION) (No. 2) REGULATIONS, 1951.

I, SEÁN MacENTEE, Minister for Finance, in exercise of the powers conferred on me by subsection (1) of section 9 of the Civil Service Regulation Act, 1924 (No. 5 of 1924), hereby make the following regulations :—

PART I. PRELIMINARY AND GENERAL.

1.—(1) These Regulations may be cited as the Civil Service (Remuneration) (No. 2) Regulations, 1951.

(2) The collective citation " the Civil Service (Remuneration) Regulations, 1947 and 1951 " shall include these Regulations.

(3) These Regulations shall be deemed to have come into force on, and shall have effect as on and from, the effective date.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3. In these Regulations—

the expression " the Minister " means the Minister for Finance ;

the expression " the effective date " means the 15th day of January, 1951 ;

the expression " the Regulations of 1947 " means the Civil Service (Remuneration) Regulations, 1947 ( S. R. & O. No. 182 of 1947 ) ;

the expression " the No. 1 Regulations of 1951 " means the Civil Service (Remuneration) Regulations, 1951 ( S.I. No. 6 of 1951 ).

4. Nothing in these Regulations shall be construed as affecting the powers of the Minister under subsection (3) of section 2 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924).

PART II. INCREASE OF CONSOLIDATED REMUNERATION UNDER REGULATIONS 4, 5 AND 6 OF THE NO. 1 REGULATIONS OF 1951.

5.—(1) In this Part—

the expression " consolidated remuneration " means, in relation to an officer, the amount which would from time to time be payable to him as remuneration if these Regulations had not been made ;

the expression " scheduled scale " means any scale mentioned in a Schedule to the No. 1 Regulations of 1951 ;

the expression " officer of the former super-cut class " means an officer in respect of whom the following conditions are complied with—

(a) he occupies a post the remuneration attaching to which was before the 1st day of November, 1946, calculated by reference to a cost of living index number or by reference to two or more such numbers, and

(b) his consolidated remuneration either—

(i) is determined by reference to a scheduled scale the maximum whereof exceeds £965 a year, or

(ii) is not so determined and exceeds £965 a year ;

the expression "hypothetical composite remuneration " means, in relation to an officer of the former super-cut class, the amount which would from time to time be payable to him as remuneration if—

(a) these Regulations had not been made, and

(b) (i) in case his consolidated remuneration is determined by reference to a scheduled scale, he had been placed on a new scale in accordance with Regulation 6 of these Regulations, or

(ii) in case his consolidated remuneration is not so determined, the whole of the super-cut had been remitted in fixing his consolidated remuneration ;

the expression " the prescribed percentages," in relation to the consolidated remuneration or the hypothetical composite remuneration of an officer, means—

(a) 15 per cent. of so much thereof as does not exceed £250 a year,

(b) 10 per cent. of so much (if any) thereof as exceeds £200 a year but does not exceed £965 a year,

(c) 7½ per cent. of so much (if any) thereof as exceeds £965 a year ;

references to the remuneration of an officer shall be construed as references to the annual or weekly (whichever is appropriate having regard to his conditions of service) remuneration of that officer.

(2) In the definition (contained in paragraph (1) of this Regulation) of the expression " the prescribed percentages "—

(a) the references to £200 a year shall, in the case of an officer whose consolidated remuneration is on a weekly basis, be construed as references to £3 16s. 8d. a week, and

(b) the references to £965 a year shall, in the case of an officer whose consolidated remuneration is on a weekly basis, be construed as references to £18 10s. Id. a week.

6. In determining the hypothetical composite remuneration of an officer of the former super-cut class whose consolidated remuneration is determined by reference to a scheduled scale, the Minister may—

(a) substitute a new scale representing, in his opinion, as nearly as may be, the scale which would have emerged if the remission of the super-cut had been directly applied to that scheduled scale, and

(b) give directions as to his mode of entry on that new scale.

7. In determining the hypothetical composite remuneration of an officer of the former super-cut class whose consolidated remuneration is not determined by reference to a scheduled scale, the Minister may round his hypothetical composite remuneration up or down to an appropriate multiple of £5.

8. This Part applies only to an officer whose consolidated pay is determined solely by reference to Regulation 4, 5 or 6 of the No. 1 Regulations of 1951.

9.—(1) In this Regulation, the expression " officer to whom this Regulation applies " means an officer whose consolidated remuneration is determined solely by reference to Regulation 4 of the No. 1 Regulations of 1951.

(2) The consolidated remuneration of an officer to whom this Regulation applies (not being an officer of the former super-cut class) shall be increased by the prescribed percentages.

(3) The consolidated remuneration of an officer to whom this Regulation applies (being an officer of the former super-cut class) shall be increased by the sum of the following amounts—

(a) an amount equal to the difference between his consolidated remuneration and his hypothetical composite remuneration, and

(b) an amount equal to the difference between

(i) his hypothetical composite remuneration, and

(ii) his hypothetical composite remuneration increased by the prescribed percentages.

10.—(1) In this Regulation, the expression " officer to whom this Regulation applies " means an officer whose consolidated remuneration is determined solely by reference to Regulation 5 of the No. 1 Regulations of 1951.

(2) The consolidated remuneration of an officer to whom this Regulation applies (not being an officer of the former super-cut class) shall be increased by the prescribed percentages.

(3) The consolidated remuneration of an officer to whom this Regulation applies (being an officer of the former super-cut class) shall be increased by the sum of the following amounts—

(a) an amount equal to the difference between his consolidated remuneration and his hypothetical composite remuneration, and

(b) an amount equal to the difference between

(i) his hypothetical composite remuneration, and

(ii) his hypothetical composite remuneration increased by the prescribed percentages.

11.—(1) In this Regulation, the expression " officer to whom this Regulation applies " means an officer whose consolidated remuneration is determined solely by reference to Regulation 6 of the No. 1 Regulations of 1951.

(2) The consolidated remuneration of an officer to whom this Regulation applies (not being an officer of the former super-cut class) shall be increased by the prescribed percentages.

(3) The consolidated remuneration of an officer to whom this Regulation applies (being an officer of the former super-cut class) shall be increased by the sum of the following amounts—

(a) an amount equal to the difference between his consolidated remuneration and his hypothetical composite remuneration, and

(b) an amount equal to the difference between

(i) his hypothetical composite remuneration, and

(ii) his hypothetical composite remuneration increased by the prescribed percentages.

12. The consolidated remuneration of an officer, as increased by Regulation 9, 10 or 11 of these Regulations, shall—

(a) in case his consolidated remuneration is on an annual basis; be rounded up or down to the nearest pound, a residue of 10s. or over being rounded up and a residue of less than 10s. being rounded down, and

(b) in case his consolidated remuneration is on a weekly basis, be rounded up or down to the nearest penny, a residue of a halfpenny or over being rounded up and a residue of less than one halfpenny being rounded down.

PART III. INCREASE OF REMUNERATION UNDER THE REGULATIONS OF 1947.

13.—(1) Paragraph (1) of Regulation 7 of the No. 1 Regulations of 1951 shall have effect as if, for subparagraph (b), there were inserted the following sub-paragraph—

" (b) the amount which would be his remuneration if—

(i) the Regulations of 1947 ceased to apply to him, and

(ii) his remuneration, as determined by reference to Regulation 4 of these Regulations, were increasedin accordance with Regulation 9 of the Civil Service (Remuneration) (No. 2) Regulations, 1951."

(2) Paragraph (2) of Regulation 7 of the No. 1 Regulations of 1951 shall have effect as if, for subparagraph (b), there were inserted the following subparagraph—

"(b) the amount which would be his remuneration if—

(i) the Regulations of 1947 ceased to apply to him, and

(ii) his remuneration, as determined by reference to Regulation 5 of these Regulations, were increased in accordance with Regulation 10 of the Civil Service (Remuneration) (No. 2) Regulations, 1951."

(3) Paragraph (3) of Regulation 7 of the No. 1 Regulations of 1951 shall have effect as if, for subparagraph (b), there were inserted the following subparagraph—

"(b) the amount which would be his remuneration if—

(i) the Regulations of 1947 ceased to apply to him, and

(ii) his remuneration, as determined by reference to Regulation 6 of these Regulations, were increased in accordance with Regulation 11 of the Civil Service (Remuneration) (No. 2) Regulations, 1951."

(4) The remuneration payable, by virtue of the joint operation of the Regulations of 1947, Regulation 7 of the No. 1 Regulations of 1951 and paragraph (1), (2) or (3) of this Regulation, to an officer to whom the Regulations of 1947 apply shall—

(a) in case his remuneration under the Regulations of 1947 is on an annual basis, be rounded up or down to the nearest pound, a residue of 10s. or over being rounded up and a residue of less than 10s. being rounded down,

(b) in case his remuneration under the Regulations of 1947 is on a weekly basis, be rounded up or down to the nearest penny, a residue of one halfpenny or over being rounded up and a residue of less than one halfpenny being rounded down.

GIVEN under my Official Seal, this 16th day of October, 1951.

(Signed) SEÁN MACENTEE,