§ 1.—(1) If any existing Irish officer who is serving in the Civil Service of the Crown in an established capacity or who though not so serving in an established capacity devotes his whole time to the duties of his office—
- (a) retires under the conditions hereinafter denned as the statutory conditions of retirement; or
- (b) retires with the permission of the Civil Service Committee given in accordance with this Act; or
- (c) is removed from office by the Irish Government before he attains the age of sixty years for any cause other than misconduct or incapacity, or required to retire by the Irish Government before he attains that age for any cause other than as aforesaid;
§ (2) If any existing Irish officer who is serving in the Civil Service of the Crown not being an officer who is serving in an established capacity, or an officer who though not serving in an established capacity devotes his whole time to the duties of his office, is removed from office or required to retire by the Irish Government for any cause other than misconduct or incapacity, he shall be entitled to receive such compensation as the Civil Service Committee may award to him in accordance with the provisions of Part II. of the Rules contained in this Schedule.
930§ 2. For the purposes of this Act, the statutory conditions of retirement are that—
- (a) Retirement must take place within a period of five years from the passing of this Act (in this Schedule referred to as the transitional period);
- (b) Notice of the intention to retire must be given in the prescribed manner;
- (c) The retirement must not take place until at least six months after the notice of retirement has been given, and may be postponed by the Civil Service Committee, if they think fit, to any later date within the transitional period; and
- (d) The retiring officer must show to the satisfaction of the Civil Service Committee that he is not incapacited by mental or bodily infirmity for the performance of his duties and that he will not be liable under the existing rules as to age to retire before the end of the transitional period.
§ 3. The Civil Service Committee shall not give their permission under this Act to an officer to retire unless that officer shows to the satisfaction of the Committee—
- (a) that the duties which he is required to perform are neither the same as nor analogous to the duties heretofore performed by him or are an unreasonable addition to those duties; or
- (b) that his remuneration has been reduced on the ground that his duties have been diminished.
§ 4.—(1) For the purpose of the provisions of this Act as to existing officers, Petty Sessions clerks and officers in the Registry of Petty Sessions Clerks shall be deemed to be officers in the Civil Service of the Crown, and in the case of officers in the Registry of Petty Sessions Clerks to be officers serving in an established capacity, but any payments to any such officer on account of compensation payable under the provisions of this Act shall, instead of 931 being made out of moneys provided by the Parliament of the United Kingdom, be made out of the Petty Sessions Clerks Fund:
§ Provided that if the amount of the Petty Sessions Clerks Fund is at any time by reason of the provisions of this Act insufficient to meet any payments charged on it under this or any other. Act, the deficiency shall be charged on and paid out of the Irish Consolidated Fund, and made good to the Irish Consolidated Fund out of the Petty Sessions Clerks Fund as the state of that fund allows.
§ This provision shall apply to the pensionable assistants of the Petty Sessions clerks at Cork and Belfast as it applies to the Petty Sessions clerks.