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45 1956

CIVIL SERVICE COMMISSIONERS ACT, 1956

PART I.

Preliminary and General.

Short title and commencement.

1. —(1) This Act may be cited as the Civil Service Commissioners Act, 1956.

(2) This Act shall come into operation on such day as may be fixed therefor by order of the Government.

Interpretation.

2. —(1) In this Act, the following expressions have the meanings hereby respectively assigned to them, that is to say—

the Act of 1924” means the Civil Service Regulation Act, 1924 (No. 5 of 1924);

the appropriate authority” has the meaning assigned to it by section 3;

the Civil Service” means the Civil Service of the Government and the Civil Service of the State;

the Commissioners” means the Civil Service Commissioners appointed or deemed to have been appointed under section 9;

competition” means a competition held under section 15;

established position” means a position in which there is rendered established service;

established service” means service in a capacity in respect of which a superannuation allowance may be granted under the Superannuation Acts, 1834 to 1954;

excluded position” has the meaning assigned to it by subsection (6) of section 5;

the former Civil Service Commissioners” means the Civil Service Commissioners appointed under section 1 of the Act of 1924;

may”, when used in relation to any power conferred on the Commissioners by this Act, shall be construed as permissive and not imperative;

member of the staff of the Houses of the Oireachtas” does not include an officer of the Houses of the Oireachtas;

the Minister” means the Minister for Finance;

officer of the Houses of the Oireachtas” means a person being—

(a) the Clerk or Clerk-Assistant of Dáil Éireann, or Seanad Éireann, or

(b) the Librarian or Assistant Librarian, Houses of the Oireachtas, or

(c) the Superintendent, Houses of the Oireachtas, or

(d) the Captain of the Guard, Houses of the Oireachtas;

order of merit” means the order in which candidates at a competition are to be placed for the purposes of selection by the Commissioners for appointment;

position” means a position in the Civil Service, and includes the position held by a member of the staff of the Houses of the Oireachtas;

the Regulation Act” means the Civil Service Regulation Act, 1956;

scheduled occupation” has the meaning assigned to it by subsection (1) of section 4;

unestablished position” means a position which is not an established position, and includes a position which is held on a temporary basis or for a definite limited period.

(2) In this Act, a reference by number to a section is to the section of this Act bearing that number unless it is indicated that a reference to another Act is intended.

“The appropriate authority.”

3. —(1) In this Act, “the appropriate authority” means—

(a) in relation to the position of member of the staff of the Houses of the Oireachtas—the Taoiseach,

(b) in relation to the position of an officer of the Attorney General—the Taoiseach,

(c) in relation to the position of member of the staff of the office of the Comptroller and Auditor General—the Minister,

(d) in relation to the position of member of the staff of the office of the Revenue Commissioners—the Minister, or

(e) in relation to any other position—the Minister of State by whom the power of appointment to that position is for the time being exercisable.

(2) Where a delegation, under the provision of the Regulation Act mentioned in column (2) of the Table to this subsection at any reference number, is made, then, so long as the delegation remains in force, the authority mentioned in column (3) of the said Table at that reference number shall, in lieu of the Minister of State mentioned in column (4) of the said Table at that reference number, be, for the purposes of section 5, the appropriate authority in relation to the position mentioned in column (5) of the said Table at that reference number.

Table to Section 3 (2)

Reference No.

Provision of Regulation Act under which delegation made.

Authority to whom delegation made.

Minister of State by whom delegation made.

Position in relation to which delegation made.

(1)

(2)

(3)

(4)

(5)

1

Section 2 (2) (a)

Chairman of Dáil Éireann

The Taoiseach

Position of member of the staff of the Houses of the Oireachtas.

2

Section 2 (2) (c)

Attorney General

The Taoiseach

Position of officer of the Attorney General.

3

Section 2 (2) (d)

Comptroller and Auditor General

The Minister

Position of member of the staff of the office of the Comptroller and Auditor General.

4

Section 2 (2) (e)

The Revenue Commissioners

The Minister

Position of member of the staff of the office of the Revenue Commissioners.

Scheduled occupations.

4. —(1) Each of the occupations specified in the First Schedule to this Act shall, save where the service to be rendered by the person to be appointed is to be established service, be a scheduled occupation for the purposes of this Act, and in this Act the expression “scheduled occupation” shall be construed accordingly.

(2) If any question arises as to whether a particular occupation is or is not a scheduled occupation, the question shall be decided by the Minister after consultation with the Commissioners.

(3) If any question arises as to whether an appointment to a scheduled occupation is or is not or was or was not an appointment to a position in the Civil Service, the question shall be decided by the Minister.

Excluded positions.

5. —(1) (a) Subject to paragraph (b) of this subsection, the Commissioners may by order declare that a specified unestablished position (not being a position which is in a scheduled occupation) shall be an excluded position for the purposes of this Act, and the Commissioners may provide therein that the order is to remain in force for such period only as the Commissioners determine and specify in the order.

(b) The Commissioners shall not make in relation to an unestablished position an order under paragraph (a) of this subsection except at the request of the appropriate authority and, if the appropriate authority is not the Minister, with the consent of the Minister.

(c) In this section—

limited period order” means an order under paragraph (a) of this subsection which is expressed to remain in force for a specified period only;

unlimited period order” means an order under the said paragraph (a) which is not so expressed.

(2) Where—

(a) an order (in this section referred to as a scheduling (1924 Act) order) has been made, under subsection (2) of section 10 of the Act of 1924, adding a situation to the Schedule to the Act of 1924, and

(b) the situation was, immediately before the commencement of this Act, comprised in the said Schedule, and

(c) the situation is not a situation in a scheduled occupation,

then, for the purposes of this section (except subsection (5) thereof), the following provisions shall, on the commencement of this Act, have effect, that is to say—

(i) the scheduling (1924 Act) order shall cease to be in force,

(ii) in case the scheduling (1924 Act) order provided that the situation would be withdrawn from the said Schedule after a specified date—there shall be deemed to have been duly made in relation to the position a limited period order expressed to remain in force for the period ending on that date,

(iii) in any other case—there shall be deemed to have been duly made in relation to the position an unlimited period order.

(3) (a) Subject to paragraph (b) of this subsection, where a limited period order is in force, the Commissioners may, from time to time, by order extend the period for which the limited period order is to remain in force.

(b) The Commissioners shall not make in relation to an unestablished position an order under paragraph (a) of this subsection except at the request of the appropriate authority and, if the appropriate authority is not the Minister, with the consent of the Minister.

(4) Where an unlimited period order in relation to an unestablished position is in force, the Commissioners may, with the consent of the Minister and, if the Minister is not the appropriate authority, after consultation with the appropriate authority, by order revoke, with effect as from a specified date, the unlimited period order.

(5) Where an order is made under this section, notice of the making thereof shall be published in the Iris Oifigiúil as soon as may be after it is made.

(6) Any position to which an order under subsection (1) or (3) of this section applies shall, so long as the order remains in force, be, for the purposes of this Act, an excluded position, and the expression “excluded position” shall, in this Act, be construed accordingly.

Operation of the Act.

6. —(1) This Act shall cease to apply to members of the staff of the Houses of the Oireachtas on the date on which the Regulation Act ceases, by virtue of subsection (1) of section 20 of that Act, to apply to members of the staff of the Houses of the Oireachtas.

(2) This Act—

(a) does not apply to the appointment of a person to a position being—

(i) a position, the appointment to which is made by the Government, or

(ii) the position held by an officer of the Houses of the Oireachtas,

(b) does not, save as is provided by section 4, apply to the appointment of a person to a scheduled occupation, whether the Minister has or has not under subsection (3) of section 4 decided that such appointment is to a position in the Civil Service,

(c) does not, save as is provided by section 5, apply to the appointment of a person to a position which is for the time being an excluded position,

(d) does not apply to the appointment of a superannuated person to an established position consequential on his being called upon, under section 11 of the Superannuation Act, 1859, to serve again in the Civil Service,

(e) does not, save as is provided by subsection (2) of section 27, apply to the appointment of a person to a position under section 7 or 15 of the Regulation Act,

(f) does not, save as is provided by subsection (3) of section 27, apply to the appointment of a person to the position of commissioner for the special purposes of the Income Tax Acts,

(g) does not apply to the appointment of a person to a position in which such person is required to serve on trial under section 11 or 12 of the Regulation Act,

(h) does not apply to the employment of civilians by the Minister for Defence under section 30 of the Defence Act, 1954 (No. 18 of 1954).

(3) Nothing in this Act shall be construed as affecting section 13 of the British statute (17 & 18 Vic. c. 99) passed in the year 1854 and entitled “An Act to provide for the Establishment of a National Gallery of Paintings, Sculpture, and the Fine Arts, for the Care of a Public Library, and the Erection of a Public Museum, in Dublin.”

Administrative expenses.

7. —The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister, be paid out of moneys provided by the Oireachtas.

Repeals.

8. —(1) The enactments mentioned in column (2) of the Second Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule.

(2) Without prejudice to sections 20 and 21 of the Interpretation Act, 1937 (No. 38 of 1937)—

(a) nothing in the repeal effected by subsection (1) of this section shall affect any regulation made, certificate of qualification issued or thing done under any enactment repealed by the said subsection (1), but any such regulation made, certificate of qualification issued or thing done shall, if in force at the commencement of this Act, continue in force, and have effect as if made, issued or done under this Act;

(b) in any enactment (other than this Act)—

(i) references to the Act of 1924 or to the Civil Service Regulation Acts, 1924 and 1926, shall be construed as references to this Act, and

(ii) references to any provision of the Act of 1924 shall be construed as references to the corresponding provision of this Act;

(c) references in any enactment to the former Civil Service Commissioners shall be construed as references to the Commissioners.