S.I. No. 378/2002 - Local Authority Members (Gratuity) (Amendment) Regulations, 2002

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 4

th

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.”.

GIVEN under the Official Seal of the Minister for the Environment and Local Government this 16

th

day of July, 2002.

Martin Cullen

________________________________________

Minister for the Environment and Local Government.

The Minister for Finance hereby consents to the Local Authority Members (Gratuity (Amendment) Regulations, 2002.

GIVEN under the Official Seal of the Minister for Finance this 23

rd

day of July, 2002.

Charlie McCreevy

________________________________________

Minister for Finance.

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.

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.