S.I. No. 381/1988:

CÓRAS IOMPAIR ÉIREANN (ADDITIONAL POWERS) ORDER, 1988

CÓRAS IOMPAIR ÉIREANN (ADDITIONAL POWERS) ORDER, 1988

I, JOHN P. WILSON, Minister for Tourism and Transport, in exercise of the powers conferred on me by section 25 of the Transport (Re-organisation of Córas Iompair Éireann) Act, 1986 (No. 31 of 1986), and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ) with the consent of the Minister for Finance, hereby order as follows:

1. This Order may be cited as the Córas Iompair Éireann (Additional Powers) Order, 1988.

2. In this Order--

"the Board" means Córas Iompair Éireann;

"Board transfer member" has the meaning assigned to it by paragraph 2 of the Córas Iompair Éireann (Additional Powers) Order, 1977 ( S.I. No. 366 of 1977 );

"employees of the Board" includes former employees and Board transfer members;

"The Minister" means the Minister for Tourism and Transport;

"operative date" has the meaning assigned to it by paragraph 6 of this Order;

"a superannuation scheme" has the meaning assigned to it by paragraph 3 (1) of this Order;

"an amending superannuation scheme" has the meaning assigned to it by paragraph 5 of this Order.

3. (1) The Board may prepare and submit to the Minister and shall, if so required by the Minister, submit to the Minister within such time as he may direct, a scheme (in this Order referred to as "a superannuation scheme") for establishing on a contributory basis a superannuation fund in respect of the employees or any particular class of the employees of the Board for the payment of pensions to the spouses and children of such employees on the death of such employees.

(2) Where a superannuation scheme is submitted to the Minister he may refer it back to the Board for reconsideration and resubmission, and the Board shall duly reconsider and resubmit the superannuation scheme.

(3) Where a superannuation scheme is submitted or resubmitted to the Minister under this Order:

(a) the Board shall publish, in such manner as the Minister may direct, a notice intimating that the scheme has been so submitted or resubmitted and that any person may, during a period specified in the notice (being a period of not less than twenty-eight days from the date of such publication), make to the Minister objections or representations in relation to the scheme;

(b) the Board shall, during the specified period keep at its head office a copy of the scheme open for inspection by any interested persons at all reasonable hours;

(c) the Minister shall, before confirming the scheme, consider any objections or representations in relation to it which have been made to him before the expiration of the specified period.

4. The Minister may, subject to paragraph 3 (3) (c) of this Order, after consultation with the Minister for Finance, by order confirm, either without modification or with such modifications (whether by way of addition, omission or variation) as the Minister thinks proper, a superannuation scheme.

5. The Board may, whenever it thinks proper, prepare and submit to the Minister a scheme (in this Order referred to as "an amending superannuation scheme") amending (whether by addition, omission or variation) a superannuation scheme confirmed by the Minister or amending (whether by addition, omission or variation) or revoking an amending superannuation scheme for the time being in force, and paragraphs 3 (2), 3 (3) and 4 of this Order shall apply to an amending superannuation scheme.

6. A superannuation scheme or an amending superannuation scheme shall not become operative until it has been confirmed by Order of the Minister, but, upon being so confirmed, shall come into operation on such date (in this Order referred to as "the operative date") as may be specified in the Order confirming it and on and from that date shall have the force of law in the form in which it was so confirmed.

7. A fund set up for the purposes of a superannuation scheme shall be deemed to be set up under an irrevocable trust.

GIVEN under my Official Seal, this 21st day of December, 1988.

JOHN P. WILSON,

Minister for Tourism and

Transport.

The Minister for Finance consents to the making of the foregoing Order.

GIVEN under my Official Seal, this 21st day of December, 1988.

ALBERT REYNOLDS,

Minister for Finance

EXPLANATORY NOTE

The Order confers on CIE the power to establish a superannuation scheme and fund in respect of the employees or any particular class of the employees of the Board for the payment of pensions to the spouses and children of such employees on the death of such employees.