No. 177/1940:

CIVIL SERVICE (STABILISATION OF BONUS) REGULATIONS, 1940.

CIVIL SERVICE (STABILISATION OF BONUS) REGULATIONS, 1940.

WHEREAS it is enacted by subsection (1) of section 9 of the Civil Service Regulation Act, 1924 (No. 5 of 1924), as adapted in consequence of the enactment of the Constitution, that the Minister for Finance may from time to time make regulations for controlling the Civil Service of the State and providing for the classification, remuneration, and other conditions and terms of service of all persons employed therein whether permanently or temporarily :

AND WHEREAS it is enacted by subsection (3) of section 2 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), that there shall be paid to all offices and servants appointed by any Minister such salaries and remunerations as the Minister for Finance may from time to time determine :

NOW, I. SEÁN T. Ó CEALLAIGH, 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), and of the powers conferred on me by subsection (3) of section 2 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924) and of every and any other power me in this behalf enabling, hereby make the following regulations :—

1.—These Regulations may be cited as the Civil Service (Stabilisation of Bonus) Regulations, 1940.

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

3.—These Regulations apply to every person who is for the time being employed, whether permanently or temporarily, in the Civil Service of the Government (irrespective of whether he entered that Service before or after the coming into force of these Regulations) and whose remuneration or portion of whose remuneration is calculated by reference to the official cost of living index number or by reference to two or more such numbers.

4.—(1) In this paragraph—

the expression " the Civil Service " means the Civil Service of the Government,

the expression " index number " means the official cost of living index number, and

references to the remuneration of a person shall, in the case of persons portion only of whose remuneration is calculated by reference to the official cost of living index number or two or more such numbers, be construed as referring only to the portion of his remuneration which is so calculated.

(2) On an from the date on which these Regulations come into force, the remuneration of every person to whom these Regulations apply shall cease to be variable in consequence of changes in the index number and, in lieu thereof, the remuneration of every such person shall—

(a) if he was in the Civil Service immediately before the said date, be calculated by reference to the index number or numbers by reference to which his remuneration was calculated immediately before the said date, and

(b) if he enters the Civil Service on or after the said date, be calculated by reference to the index number or numbers by reference to which his remuneration would have been calculated immediately before the said date if he had then been in the Civil Service.

(3) The following provisions shall have effect in relation to the application of the next preceding sub-paragraph of this paragraph, that is to say :—

(a) clause (b) of the said next preceding sub-paragraph shall apply to every person who is in the Civil Service immediately before the date on which these Regulations come into force and is not, on that date, a person to whom these Regulations apply but subsequently becomes a person to whom these Regulations apply and, for the purpose of the said application of the said clause (b), every such person shall be deemed to enter the Civil Service on the date on which he so becomes a person to whom these Regulations apply ;

(b) clause (b) of the said next preceding sub-paragraph shall apply to every person who enters the Civil Service on or after the date on which these Regulations come into force and is not on such entry a person to whom these Regulations apply but subsequently becomes a person to whom these Regulations apply and, for the purpose of the said application of the said clause (b), every such person shall be deemed to enter the Civil Service on the date on which he so becomes a person to whom these Regulations apply;

(c) clause (b) of the said next preceding sub-paragraph shall apply to every person who retired from the Civil Service before the date on which these Regulations come into force and returns or is recalled to the Civil Service on or after that date and, for the purpose of the said application of the said clause (b), every such person shall be deemed to enter the Civil Service on the date on which he so returns or is recalled thereto.

5.—These regulations shall come into force on the 1st day of July, 1940.

(Signed) SEÁN T. Ó CEALLAIGH.

The Official Seal of the Minister for Finance is hereunto affixed this 26th day of June, 1940.