Ministerial and Parliamentary Offices Act 1938
F17[Additional condition for payment of allowance under section 10
10A.—(1) Notwithstanding that the conditions specified in section 10 for the payment of an allowance, in respect of a given period, to a parliamentary leader or an independent member, as the case may be, are satisfied, such an allowance shall not be paid under that section if, in respect of an allowance paid under that section in a previous period—
(a) either—
(i) there has been a default in the furnishing of the statement and auditor’s report referred to in section 10B in accordance with that section, or
(ii) the Commission has indicated in a report under section 10D(6) that that statement does not comply with sections 10 and 10B,
and
(b) that default has not been remedied or, as the case may be, the matters in respect of which the Commission has indicated that that statement does not comply with sections 10 and 10B have not been rectified in a manner that the Minister determines to be satisfactory.
(2) This section, and sections 10B to 10D, are subject to section 10E.]
Annotations
Amendments:
F17
Section inserted (1.07.2014) by Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014 (6/2014), ss. 3 and 6(2), S.I. No. 210 of 2014, art. 2(b).
Modifications (not altering text):
C3
Functions transferred and references to Minister for Public Expenditure, National Development Plan Delivery and Reform construed as Minister for Finance (1.03.2023) by Standards in Public Office (Transfer of Departmental Administration and Ministerial Functions) Order 2023 (S.I. No. 89 of 2023), arts. 2, 3 and sch, in effect as per art. 1(2), subject to transitional provisions in arts. 4-6, 8.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Finance.
(2) References to the Department of Public Expenditure, National Development Plan Delivery and Reform contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Finance.
3. (1) The functions vested in the Minister for Public Expenditure, National Development Plan Delivery and Reform by or under the provisions of an Act specified in column (1) of the Schedule are transferred to the Minister for Finance to the extent specified in column (2) of the Schedule opposite the mention of the Act so specified.
(2) References to the Minister for Public Expenditure, National Development Plan Delivery and Reform contained in any Act or instrument made under an Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Finance.
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5. Anything commenced before the commencement of this Order by or under the authority of the Minister for Public Expenditure, National Development Plan Delivery and Reform may, in so far as it relates to a function transferred by this Order to the Minister for Finance, be carried on or completed from such commencement by the Minister for Finance.
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SCHEDULE
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Short Title of Act and Number (1) |
Provision (2) |
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Ministerial and Parliamentary Offices Act 1938 (No. 38 of 1938) |
Subsection (10) of section 10; subsection (1) of section 10A; subsections (1), (5) (6) and (9) of section 10D; section 10E; subsections (4), (5) and (7) of section 10G; paragraph (l) of the definition of “expenses arising from parliamentary activities, including research” in subsection (1), and subsections (2) and (3) of section 10H. |
The history of the Minister concerned with subs. (1) can be traced as follows:
• Name of Minister for the Public Expenditure and Reform changed to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023), in effect as per art. 1(2);
• Functions transferred and references to Minister for Public Expenditure, National Development Plan Delivery and Reform construed as Minister for Finance (1.03.2023) by Standards in Public Office (Transfer of Departmental Administration and Ministerial Functions) Order 2023 (S.I. No. 89 of 2023), arts. 2, 3 and sch, in effect as per art 1(2), subject to transitional provisions in arts. 4-6, 8.
C4
Section applied to independent members' allowances (1.06.2014) by Ministerial and Parliamentary Offices Act 1938 (Sections 10A, 10B, 10C and 10D) (Fixed Day) Order 2014 (S.I. No. 211 of 2014), reg. 3.
3. The 1st day of July 2014 is fixed as the day on or after which sections 10A to 10D of the Act of 1938 shall apply to an allowance that is paid to an independent member.
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