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23 1941

LOCAL GOVERNMENT ACT, 1941

Chapter III.

Provisions applicable to major offices only.

Restrictions on appointments to certain major offices.

28. —(1) No appointment to which this section applies shall be made by a local authority without the previous sanction of the appropriate Minister unless such appointment is an appointment (in this section referred to as a provisional appointment) made on the basis that, if and when the appropriate Minister refuses to sanction such appointment, the person appointed shall forthwith cease to hold office.

(2) Where a local authority make a provisional appointment the following provisions shall have effect, that is to say:—

(a) such local authority shall forthwith seek the sanction of the appropriate Minister to such appointment,

(b) the appropriate Minister shall thereupon, as he thinks proper, give or refuse to give such sanction,

(c) if the appropriate Minister gives such sanction, such appointment shall become final with effect as from the date on which it was made by such local authority, and

(d) if the appropriate Minister refuses to give such sanction, the person appointed shall forthwith cease to hold office.

(3) This section applies to every appointment to a major office which is not made on a recommendation by the Local Appointments Commissioners of the appointment of one person only.

Fixing by appropriato Minister of remuneration of major office.

29. —The appropriate Minister may by order fix the amount and nature of the remuneration of holders of a specified major office and such order shall have the force of law in accordance with its terms in relation to such office and holders thereof and, if and in so far as it conflicts with any regulation made under this Part of this Act, shall override such regulation.

Restriction on remuneration of major offices in certain cases.

30. —Where in relation to any major office regulations under this Part of this Act determining the remuneration of holders are not for the time being in force, a local authority shall not fix or alter the remuneration of holders generally or of any particular holder of the said office without the sanction of the appropriate Minister.

Provision applicable where holder of major office is appointed to another major office.

31. —(1) Where a person who is the holder of a major office (in this sub-section referred to as the first office) is appointed with his consent to another major office, such person shall thereupon cease to hold the first office unless before such appointment the appropriate Minister in relation to the first office consented to such person continuing to hold the first office in the event of his being appointed to such other major office.

(2) A person who under this section ceases to hold a major office shall not be entitled to any compensation for the loss of such office, but shall be entitled for the purposes of the enactments relating to superannuation to reckon his period of service in such office and his period of service in the other major office to which he is appointed as one continuous period of service.

Amalgamation of major offices.

32. —(1) Where the same Minister is the appropriate Minister in relation to any particular major offices, such Minister may, subject to the provisions of this section and after consultation with the local authority or local authorities concerned, by order amalgamate the said offices, and thereupon the said offices shall be deemed for all purposes to be one office.

(2) Offices shall not be amalgamated under this section unless—

(a) each of the said offices is vacant, or

(b) each of the said offices is held by the same person, or

(c) one only of such offices being not vacant, the holder thereof consents to the making of such order, or

(d) in any other case, the same person holds each of such of the said offices as are not vacant and such person consents to the making of such order.

(3) Where offices amalgamated under this section are not all under the same local authority, the appropriate Minister may by order provide for appointments to the amalgamated office being made by a specified one of the local authorities concerned and for the payment in specified proportions by such local authorities of the remuneration of such office.