Family Law (Maintenance of Spouses and Children) Act, 1976
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Persons in service of State, local authority etc. |
16.—(1) Where a maintenance debtor is in the service of the State, a local authority for the purposes of the Local Government Act, 1941 , a harbour authority within the meaning of the Harbours Act, 1946 , a health board, a vocational education committee established by the Vocational Education Act, 1930 , or a committee of agriculture established by the Agriculture Act, 1931 , or is a member of either House of the Oireachtas— | |
(a) in a case where a maintenance debtor in the service of the State is employed in a department, office, organisation, service, undertaking or other body, its chief officer (or such other officer as the Minister of State by whom the department, office, organisation, service, undertaking or other body is administered may from time to time designate) shall, for the purposes of this Act, be regarded as having the maintenance debtor in his employment, | ||
(b) in a case where a maintenance debtor is in the service of such an authority, board or committee, its chief officer shall, for the purposes of this Act, be regarded as having the maintenance debtor in his employment, | ||
(c) in any other case, where a maintenance debtor is paid out of the Central Fund or out of moneys provided by the Oireachtas, the Secretary of the Department of Finance (or such other officer of the Minister for Finance as that Minister may from time to time designate) shall, for the purposes of this Act, be regarded as having the maintenance debtor in his employment, and | ||
(d) any earnings of a maintenance debtor paid out of the Central Fund or out of moneys provided by the Oireachtas shall be regarded as paid by the chief officer referred to in paragraph (a) or (b), as the case may be, of this subsection, the Secretary of the Department of Finance or such other officer as may be designated under paragraph (a) or (c), as the case may be, of this subsection, as may be appropriate. | ||
(2) If any question arises in proceedings for or arising out of an attachment of earnings order as to what department, office, organisation, service, undertaking or other body a maintenance debtor in the service of the State is employed in for the purposes of this section, the question may be referred to and determined by the Minister for the Public Service, but that Minister shall not be under any obligation to consider a reference under this subsection unless it is made by the Court. | ||
(3) A document purporting to contain a determination of the Minister for the Public Service under subsection (2) of this section and to be signed by an officer of the Minister for the Public Service shall, in any such proceedings as are mentioned in that subsection, be admissible in evidence and be deemed, unless the contrary is shown, to contain an accurate statement of that determination. | ||
(4) In this section references to a maintenance debtor in the service of the State include references to a maintenance debtor to whom earnings are paid directly out of moneys provided by the Oireachtas. |