PART II.

Deductions from Salaries in Public Services.

6. —(1) This Part of this Act applies to every person who, at any time during the current financial year—

(a) is employed—

(i) as a commissioned officer in or a chaplain to the Defence Forces of Saorstát Eireann, or

(ii) as a teacher in a national school, or

(iii) in any capacity in a preparatory college, or

(iv) in any other civil capacity whether permanent or temporary, in the public service of Saorstát Eireann; and

(b) is remunerated wholly or partly (whether directly or indirectly) out of the Central Fund or moneys provided by the Oireachtas or a fund under the control of a Minister.

(2) This Part of this Act applies to a person whether his employment is whole-time or part-time, or is for particular work or a particular occasion, and whether the amount of his salary is fixed by statute or otherwise, but this Part of this Act applies to a person only so long and in so far as he is employed and remunerated in a manner mentioned in the foregoing sub-section of this section.

(3) Notwithstanding anything contained in the foregoing sub-sections of this section, this Part of this Act does not apply to any judge of the Supreme Court, the High Court, or the Circuit Court, nor to any justice of the District Court.

7. —(1) From all salary which, during the current financial year, is earned by and payable to each person to whom this Part of this Act applies there shall be made a deduction calculated at the rate stated and in accordance with the provisions contained in the Schedule to this Act which are applicable to such person.

(2) From every of the grants mentioned in Part IV of the Schedule to this Act which is made during and in respect of the current financial year, there shall be made a deduction calculated at the rate stated in the said Part IV.

(3) The deduction to be made under this section from the salary of any person shall, so far as may be practicable, be made rateably from every payment of such salary made in the current financial year.

(4) Where the salary of a person to whom this Part of this Act applies includes allowances or benefits given otherwise than in money, the deduction to be made under this section from such salary shall (though calculated on the whole of such salary) be made only from the portion of such salary which is paid in money.

(5) Every deduction made before the passing of this Act from salary paid to a person to whom this Part of this Act applies which would have been a lawful deduction under this section if this section had then been in force shall be deemed to have been made under this section and to be and always to have been lawful accordingly.

(6) All sums deducted from salaries or grants under this Part of this Act or deemed to have been so deducted shall be retained in the Exchequer or the appropriate fund under the control of a Minister (as the case may require) and be available for any purpose for which moneys in the Exchequer or such fund (as the case may be) are lawfully available.

8. —Every doubt, question, and dispute which shall arise as to whether a person is or is not a person to whom this Part of this Act applies, or as to the amount of the salary for the purposes of this Part of this Act of any person or the amount of the deduction to be made under this Part of this Act from any such salary shall be determined by the Minister whose determination thereof shall be final.