Ministerial and Parliamentary Offices Act 1938
Definitions for the purposes of Part IV.
13.—In this Part of this Act—
the expression “ministerial office” means any office which is one of the following, namely:—
(a) the office of member of the Cabinet in, or Chairman of the First Dáil Eireann, the Second Dáil Eireann or the Third Dáil Eireann;
(b) the office of member of the Provisional Government;
(c) the office of member of the Executive Council of Saorstát Eireann or of Minister appointed under Article 55 of the Constitution of Saorstát Eireann;
(d) the office of Chairman of the Chamber of Deputies (Dáil Eireann) established by the Constitution of Saorstát Eireann;
(e) the office of member of the Government;
(f) the office of Chairman of Dáil Eireann;
F29[(g) the office of Attorney General;]
the expressions “the First Dáil Eireann”, “the Second Dáil Eireann”, and “the Third Dáil Eireann” have the same meaning as those expressions respectively have in the Interpretation Act, 1923 (No. 46 of 1923);
the expression “the Provisional Government” means the Government constituted pursuant to Article 17 of the Second Schedule to the Constitution of the Irish Free State (Saorstát Eireann) Act, 1922 (No. 1 of 1922);
F30[“secretarial office”means any office which is one of the following:
(a) the office of Deputy Chairman of Dáil Éireann;
(b) the office of Minister of State;
(c) the office of Chairman of Seanad Éireann;
(d) the office of Deputy Chairman of Seanad Éireann;]
F31[(e) the office of Leader of the House in Seanad Éireann;]
F32[“qualifying office” means an office which is a ministerial office F33[…] or a secretarial office;]
F32[“the office of Minister of State” means the office to which a person may be appointed under section 1 of the Ministers and Secretaries (Amendment) (No. 2) Act, 1977.]
F34[“the operative date” means the first day on which a Taoiseach is elected by Dáil Éireann following the general election for DáilÉireann which next occurs after the passing of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1992;
“pre-qualified person” means a person to whom section 13A of this Act (inserted by the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1992) does not apply, and who, on or prior to the operative date, has completed not less than 3 years' service in a qualifying office or in a number of such offices.]
(2) Where the Taoiseach certifies in writing that any person performed, during any period commencing on or after the 6th day of December, 1922, and ending on or before the 18th day of June, 1924, duties analogous to those now performable by a Parliamentary Secretary, such person shall, for the purposes of this Part of this Act, be deemed to have held a secretarial office during that period.
(3) Where a person relinquishes a qualifying office and is forthwith appointed to another qualifying office, such person shall, for the purposes of this Part of this Act, be deemed not to have ceased to hold a qualifying office on the occasion of such relinquishment.
(4) Where a person held two or more qualifying offices during a particular period, he shall be deemed for the purposes of this Part of this Act, to have held during such period one only of such qualifying offices.
F29[(5) F35[…]]
Annotations
Amendments:
F29
Inserted (8.08.1973) by Oireachtas (Allowances To Members) and Ministerial and Parliamentary Offices (Amendment) Act 1973 (22/1973), s. 15(a), (b), commenced on enactment.
F30
Substituted as respects any person who ceases after 15 November 1983 to hold a qualifying office (15.11.1983) by Oireachtas (Allowances To Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1983 (32/1983), s. 5(1)(a), commenced on enactment. Given the passage of time, this amendment appears to apply to all.
F31
Inserted (17.09.1997) by Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 (33/2001), s. 11, commenced as per s. 1(4).
F32
Substituted and inserted (1.01.1978) by Oireachtas (Allowances To Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1977 (29/1977), s. 8(a), (b), S.I. No. 379 of 1977.
F33
Deleted (15.11.1983) by Oireachtas (Allowances To Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1983 (32/1983), s. 5(1)(b), commenced on enactment.
F34
Inserted (18.03.1992) by Oireachtas (Allowances To Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992 (3/1992), s. 6, commenced on enactment.
F35
Deleted as respects persons ceasing, after 15 November 1983, to hold the particular qualifying office referred to in section (15.11.1983) by Oireachtas (Allowances To Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1983 (32/1983), s. 9(b), commenced on enactment. Given the passage of time, this amendment appears to apply to all.
Editorial Notes:
E93
Previous affecting provision: definition of “secretarial office” amended (24.07.1972) by Ministerial and Parliamentary Offices Act 1972 (21/1972), s. 1(1), commenced on enactment; substituted (15.11.1983) as per F-note above.
