PART IX

Local Authority Personnel

48. —Section 19 (1) of the Act of 1941, is hereby amended by the substitution of the following paragraph for paragraph (m), inserted by section 14 of the Local Government Act, 1955 :

“(m) (i) providing for the imposition by local authorities on holders of suspensions from performance of duties (including short-term disciplinary suspensions, not exceeding seven days), the non-payment of remuneration during the continuance of the suspensions and, upon the termination thereof, the forfeiture (in whole or in part), payment or disposal otherwise of remuneration which would, but for the suspensions, have been paid during the periods thereof,

(ii) regulating the making of ex-gratia payments, in certain specified circumstances, during the continuance of the suspensions, other than short-term disciplinary suspensions, and prescribing the conditions to be fulfilled in relation to such ex-gratia payments.”.

49. —Section 27 of the Act of 1941 as amended by section 18 of the Local Government Act, 1955 is hereby further amended by the insertion of the following subsections:

“(7) Notwithstanding subsection (4), whenever an officer is suspended under this section the local authority may, if it thinks fit, make with the consent of the appropriate Minister an ex-gratia payment to the suspended officer.

(8) Any sum paid under subsection (7) shall be repayable by the officer to the local authority and may be deducted from any moneys payable by the local authority to such officer.

(9) Any sum paid under subsection (7) shall not be reckoned as salary or emolument for the purposes of schemes or regulations made under the Local Government (Superannuation) Act, 1980 .”.

50. —Notwithstanding section 5(3) of the Act of 1955, the request to the Local Appointments Commissioners provided for by section 6 of the Local Authorities (Officers and Employees) Act, 1926 , shall be deemed to have been submitted in respect of the office of a manager, filled in accordance with the provisions of section 47 of the Act of 1991 and any order thereunder, six months in advance of the expiration of the tenure period.

51. —(1) (a) A manager who will for any reason, other than suspension from duty, be temporarily unable to act may, after consultation with the appropriate person, appoint an officer of a local authority to be deputy manager for the duration of such inability and may at any time terminate such appointment.

(b) Where a manager has for any reason become temporarily unable to act and either has not made an appointment under paragraph (a) or an appointment made under the said paragraph has become terminated under the said paragraph or on account of the death or resignation of the appointee, the appropriate person may appoint an officer of a local authority to be deputy manager for the remainder of the duration of such inability. The appropriate person may at any time terminate such appointment.

(c) Notification of an appointment under paragraph (a) or (b) shall be sent to the Minister and every member of every local authority concerned as soon as may be after the appointment is made.

(2) The Minister may appoint an officer of a local authority to be deputy manager if a manager is for any reason temporarily unable to act and an appointment under subsection (1) is not for the time being in force. The Minister may at any time terminate such appointment.

(3) A deputy manager shall, during the continuance of the inability of the manager or until the appointment is sooner terminated under subsection (1) or (2) or on account of death or resignation, act as manager and, for that purpose, a reference in any provision made by or under this or any other Act to a manager shall be construed, where appropriate, as a reference to the deputy manager.

(4) In this section “appropriate person” means the cathaoirleach of the relevant county council or county borough council.

52. —Section 17 of the Act of 1955 is hereby amended by—

(a) the substitution of the following subsection for subsection (1):

“(1) The manager of a local authority may delegate any function performable by such manager to any officer of the authority.”,

(b) the deletion of the word “approved” in subsection (2) (c), and

(c) the deletion of subsection (10).