No. 1/1947:

VOCATIONAL EDUCATION (AMENDMENT) ACT, 1947

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Amendment of Third Schedule to the Principle Act.

3 Pensionable service of certain officers of the former Limerick City Technical Instruction Committee.

4 Annual allowance to officer of certain former committees appointed for the purposes of the Act of 1899.

5 Application of sections 6, 7 and 8 of the Amending Act of 1944 to certain officers of Vocational education committees.

6 Payment of travelling expenses and allowances to members of county vocational education Committees and certain sub-committees thereof and repeal of Vocational Education (Amendment) Act, 1943.

7 Short title and collective citation.

AN ACT TO AMEND THE VOCATIONAL EDUCATION ACTS, 1930 TO 1944.

[29th January, 1947.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act—

the expression "the Amending Act of 1944" means the Vocational Education (Amendment) Act, 1944 (No. 9 of 1944);

the expression "the Principal Act" means the Vocational Education Act, 1930 (No. 29 of 1930), as amended by any subsequent enactment;

the expression "the repealed Act of 1899" means the Agriculture and Technical Instruction (Ireland) Act, 1899.

(2) This Act shall be construed as one with the Principal Act.

2.—(1) Part I of the Third Schedule to the Principal Act as amended by subsection (1) of section 4 of the Amending Act of 1944, is hereby amended by the deletion of the following:—

"Year commencing on 1st April, 1945, and every subsequent year—7d. in the pound."

and the insertion in lieu thereof of the following:—

"Year commencing on 1st April, 1945—7d. in the pound.

Year commencing on 1st April, 1946—7d. in the pound.

Year commencing on 1st April, 1947—7½d. in the pound.

Year commencing on 1st April, 1948—8d. in the pound.

Year commencing on 1st April, 1949—8½d. in the pound.

Year commencing on 1st April, 1950, and every subsequent year—9d. in the pound."

(2) Part II of the Third Schedule to the Principal Act as amended by subsection (2) of section 4 of the Amending Act of 1944 is hereby amended by the deletion of the following:—

"Year commencing on 1st April, 1945, and 'every subsequent year—5d. in the pound."

and the substitution in lieu thereof of the following:—

"Year commencing on 1st April, 1945—5d. in the pound.

Year commencing on 1st April, 1946—5d. in the pound.

Year commencing on 1st April, 1947—5½d. in the pound.

Year commencing on 1st April, 1948—6d. in the pound.

Year commencing on 1st April, 1949—6½d. in the pound.

Year commencing on 1st April, 1950, and every subsequent year—7d. in the pound."

3.—(1) In this section the expression "the former Limerick City Committee" means the committee, appointed for the purposes of the repealed Act of 1899, by the corporation of the county borough of Limerick.

(2) A pensionable officer of a vocational education committee who—

( a ) was in the service, as a whole-time officer, of the former Limerick City Committee immediately before the period (which fell between 1st day of January, 1919, and the 31st day of December, 1923) during which the former Limerick City Committee did not administer the repealed Act of 1899, and

( b ) was re-employed by the former Limerick City Committee before the 31st day of December, 1923,

shall for the purpose of the enactments relating to the superannuation of officers of vocational education committees, be deemed to have been in the service of the former Limerick City Committee during the whole of the said period.

4.—(1) In this section—

the expression "the paying body" means the council of the county of Meath;

the expression "contributing body" means a body being one of those specified in column (1) of the Table to this section;

the expression "the appropriate contribution" means, in relation to a contributing body, the amount set out in column (2) of the said Table opposite the mention in the said Table of that contributing body;

the expression "the allowance" means the allowance payable under subsection (2) of this section.

(2) The paying body shall, during his life, pay to Hugh O'Flynn (who at various times held office under the several committees which were, for the purposes of the repealed Act of 1899, appointed respectively by the paying body and each of the contributing bodies and who was appointed to a permanent position in the Civil Service in the year 1925), in respect of his service under the said committees, an annual allowance of sixty-eight pounds.

(3) The annual allowance—

( a ) shall commence—

(i) in case the said Hugh O'Flynn has retired from the Civil Service before the date of the passing of this Act, as on and from the said date, or

(ii) in case he so retires on or after the date of the passing of this Act, as on and from the date of such retirement, and,

( b ) shall, if so required by him, be paid in monthly instalments but, unless and until he so requires, in quarterly instalments.

(4) In respect of each instalment of the allowance paid by the paying body—

( a ) the Minister shall, by way of contribution towards such instalment, pay out of moneys provided by the Oireachtas to the paying body one-half of such instalment,

( b ) each contributing body shall, by way of contribution towards such instalment, pay to the paying body, at such times as the Minister for Local Government and Public Health may direct, a sum which bears to one-half of such instalment the same proportion as the appropriate contribution bears to thirty-four pounds.

TABLE TO SECTION 4.

5.—For the removal of doubts it is hereby declared that, notwithstanding anything contained in subsection (3) of section 99 of the Principal Act, sections 6, 7 and 8 of the Amending Act of 1944 apply to a person who—

( a ) by virtue of the said section 99, was transferred to, and became an officer of, a vocational education committee, and

( b ) is the holder of an office under a vocational education committee.

6.—(1) For the purposes of this section—

( a ) the expression "county committee" means a vocational education committee of a county vocational education area;

( b ) the word "residence", in relation to a member of a county committee or an approved sub-committee of a county committee, means his ordinary place of residence;

( c ) a sub-committee of a county committee shall be an approved sub-committee of such county committee, if but only if, the Minister either—

(i) has, under subsection (4) of section 1 of the Vocational Education (Amendment) Act, 1943 (No. 19 of 1943), (repealed by subsection (7) of this section) authorised the payment under the said section 1 of expenses to members of such subcommittee, or

(ii) has, on the application of such county committee, authorised the making of payments under this section to members of such sub-committee.

(2) ( a ) Subject to the provisions of this section, a county committee shall defray the expenses of locomotion actually incurred—

(i) by each of its members in travelling to and from meetings of such county committee, and

(ii) by each member of an approved sub-committee of such county committee in travelling to and from meetings of such approved sub-committee.

( b ) No person shall be paid expenses under this subsection in respect of a meeting held at a place less than five miles by any route from his residence.

( c ) The amount of expenses paid under this subsection to a person in respect of a meeting shall not exceed the amount of the expenses of locomotion which would reasonably have been incurred by him in travelling from and to his residence to and from the place of that meeting.

(3) ( a ) A county committee may by resolution decide that, in lieu of defraying, under subsection (2) of this section, the expenses of locomotion actually incurred by each of the members of such county committee or of an approved sub-committee of such county committee in travelling to and from the meetings of such county committed or approved sub-committee, such county committee shall pay to each such member, in respect of every such meeting which he attends at a place not less than five miles by any route from his residence, a fixed sum for every mile travelled between such place and such residence measured along the route by which such member would normally travel.

( b ) A resolution passed by a county committee under paragraph (a) of this subsection may be revoked, at any time by another resolution of such county committee.

( c ) A resolution under paragraph (a) or paragraph (b) of this subsection shall not take effect until sanctioned by the Minister.

( d ) While a resolution passed by a county committee under paragraph (a) of this subsection is in force such county committee shall not defray under subsection (2) of this section the expenses of locomotion actually incurred by each of the members of such county committee or of an approved sub-committee of such county committee in travelling to and from meetings of such county committee or approved sub-committee, but, in lieu thereof, shall make payments to members attending such meetings in accordance with the terms of such resolution.

(4) ( a ) Where a member of a county committee or of an approved sub-committee of such county committee attends a meeting of such county committee or approved sub-committee at a place not less than three miles by any route from his residence and is obliged, by reason of such attendance, to remain away from his home for a continuous period of not less than three hours, then subject to the provisions of this subsection, such county committee shall (whether such county committee is or is not required to make, under subsection (2) or subsection (3) of this section (as the case may be) a payment to such member in respect of his attendance at such meeting, and if so required, then in addition to such payment) pay to such member an allowance in respect of such period calculated in accordance with rules which the Minister is hereby authorised to make.

( b ) The rules made by the Minister for the purposes of paragraph (a) of this subsection shall make provision for preventing allowances being paid by a county committee, in respect of the same period, to a person who is a member of such county committee and also of an authorised sub-committee of such county committee.

( c ) Where—

(i) a person who is a member of a local authority, within the meaning of section 67 of the Local Government Act, 1946 (No. 24 of 1946), is also a member of a county committee or an authorised sub-committee of a county committee, and

(ii) such local authority is required by subsection (7) of the said section 67 to pay to such person an allowance in respect of a particular period, and

(iii) such county committee would, but for this paragraph, be required by paragraph (a) of this subsection to pay to such person an allowance in respect of the said period,

then, no allowance shall be paid by such county committee under paragraph (a) of this subsection to such person in respect of the said period.

(5) A claim for any payment under subsection (2) or (3) or subsection (4) of this section shall be made in writing and the Minister, if he so thinks fit, may direct the form to be used in making such claim.

(6) ( a ) A person who knowingly makes or allows to be made a false statement for the purpose of obtaining a payment under this section for himself or another shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding one year.

( b ) A person who is convicted of an offence under this section shall thereafter be disqualified from being elected or being a member of a vocational education committee or a sub-committee thereof, or of a body which is a local authority for any of the purposes of the Local Government Acts, 1925 to 1946, as amended by an enactment passed after the passing of this Act, or of a council established by law in respect of a county or other borough or a committee of such council, and shall also be disqualified from holding an office or employment under a vocational education committee or such a body, council, or committee as aforesaid.

(7) The Vocational Education (Amendment) Act, 1943 (No. 19 of 1943), is hereby repealed.

7.—(1) This Act may be cited as the Vocational Education (Amendment) Act, 1947 .

(2) The Vocational Education Acts, 1930 to 1944, and this Act may be cited together as the Vocational Education Acts, 1930 to 1947.