Local, Government (Superannuation) Act, 1948

Removal from the register of person ceasing to be permanent servant, etc.

40.—(1) A local authority shall remove from the register the name of any person who ceases to be a permanent servant of such local authority.

(2) Notwithstanding subsection (1) of this section, where it is the practice of a local authority to take from time to time any particular person into their employment as a permanent servant after a period during which he is not so employed—

(a) the local authority shall not remove the name of such person from the register on any particular occasion when he ceases to be so employed unless they have decided not to so employ him again and, so long as his name remains in the register on account of this paragraph, he shall for the purposes of section 49 or subsection (2) of section 57 of this Act be regarded as not having ceased to be so employed.

(b) where, during any particular period when such person is not so employed by the local authority, they decide not to so employ him again, they shall remove his name from the register and, for the purposes of section 49 or subsection (2) of section 57 of this Act, he shall be regarded as having then ceased to hold his employment.

(3) Where, as respects an established servant of a local authority having less than five years of pensionable local service, it is ascertained after any particular year (being a year beginning on the day on which he first became such servant or any anniversary of that day) that he has not worked for the local authority as a permanent servant on two hundred or more days in that year, the local authority shall remove his name from the register and shall inform him of such removal and the reason therefor.

(4) The removal of a name from the register may be effected by a note on the register indicating that the name has been removed and the date of the removal and the reinstatement of a name in the register may be effected by a note on the register indicating that the name has been reinstated and the date of reinstatement.

(5) A person aggrieved by the removal of his name by a local authority from the register may appeal against the removal to the appropriate Minister and that Minister may by order either refuse the appeal or direct the name to be reinstated in the register and, in the latter case, the local authority shall reinstate the name in the register.

(6) The decision of the appropriate Minister on an appeal under this section shall be final.