S.I. No. 378/2002 - Local Authority Members (Gratuity) (Amendment) Regulations, 2002
The Minister for the Environment and Local Government, in exercise of the power conferred on him by Sections 4 and 142 of the Local Government Act, 2001 (No. 37 of 2001), with the consent of the Minister for Finance, hereby makes the following regulations: | ||||||||
Short Title. | 1. These Regulations may be cited as the Local Authority Members (Gratuity) (Amendment) Regulations, 2002. | |||||||
Interpretation. | 2. In these Regulations - | |||||||
“the Principal Regulations” means the Local Authority Members (Gratuity) Regulations, 2002 ( S.I. No. 281 of 2002 ). | ||||||||
Amendment of Article 2 of the Principal Regulations. | 3. Article 2 of the Principal Regulations is hereby amended by the substitution of the following definitions for the definitions of “appropriate local authority” and “qualifying service” contained therein: | |||||||
‘ “appropriate local authority” means - | ||||||||
(a) where a person is a member of a local authority other than a town council mentioned in Part 2 of Schedule 6 to the Act, such local authority, | ||||||||
(b) where a person is a member of a town council mentioned in Part 2 of Schedule 6 to the Act, the county council in whose county the town is situated, and | ||||||||
(c) where a person is a member of both a county council and a town council, such county council; ’. | ||||||||
‘ “qualifying service” means service given as a member of the local authority, or any other local authority, on or after the 4th day of May, 2000, subject to the proviso that where a period of qualifying service of a person as a member of a local authority is concurrent with a period of qualifying service by him or her as a member of another local authority, only one such period shall be reckoned, which shall be the period which produces the more favourable result for him or her; ’. | ||||||||
Insertion of new Article in the Principal Regulations. | 4. The Principal Regulations are hereby amended by the insertion of the following article after article 10 thereof: | |||||||
“11. Without prejudice to any other provision of these Regulations - | ||||||||
(a) an addition to qualifying service under article 3, | ||||||||
(b) the grant of a gratuity under article 4 or 7, | ||||||||
(c) the grant of a preserved gratuity under article 6, | ||||||||
shall in no case be made where a person is a member of any local authority.”. | ||||||||
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The Minister for Finance hereby consents to the Local Authority Members (Gratuity (Amendment) Regulations, 2002. | ||||||||
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EXPLANATORY NOTE | ||||||||
(This note is not a part of the Instrument and does not purport to be a legal interpretation). | ||||||||
These Regulations amend the Local Authority Members (Gratuity) Regulations, 2002. |