Civil Service Commissioners Act , 1956

PART I. Preliminary and General.

1 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.

2 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.

3 “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.

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.

4 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.

5 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.

6 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.”

7 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.

8 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.

PART II. Civil Service Commissioners.

9 Appointment and number of Civil Service Commissioners.

9.—(1) The Government shall from time to time as occasion requires appoint fit and proper persons to be Civil Service Commissioners to fulfil the functions assigned to them by this Act.

(2) The number of the Commissioners shall be three.

(3) (a) The Commissioners may act notwithstanding that there is one vacancy in their number or that any one Commissioner is temporarily absent.

(b) If the Commissioners so consent or, if in the event of a vacancy a Commissioner so consents, any one of the Commissioners may act for them in the event of the temporary absence of the other Commissioners or Commissioner.

(4) The first Commissioners shall be the persons who, immediately before the commencement of this Act, held office as the former Civil Service Commissioners, and those persons shall be deemed to have been appointed Commissioners under subsection (1) of this section.

10 Other provisions in relation to the Commissioners.

10.—(1) Each Commissioner shall hold office at the will and pleasure of the Government.

(2) A Commissioner may at any time resign his office by letter addressed to and sent to the Government,

(3) Each Commissioner shall receive such (if any) remuneration as the Minister may from time to time determine.

(4) Notice of every appointment of a person to be a Commissioner (other than an appointment deemed, by virtue of subsection (4) of section 9, to have been made under subsection (1) of that section) and of every resignation or removal from office of a Commissioner shall be published forthwith in the Iris Oifigiúil.

11 Staff of the Commissioners.

11.—(1) The Minister shall appoint to serve in positions on the staff of the Commissioners such and so many persons as he considers necessary.

(2) Every person who immediately before the commencement of this Act was an officer of the former Civil Service Commissioners shall, on the commencement of this Act, be deemed to have been appointed by the Minister to a position on the staff of the Commissioners.

12 Authentication of instruments made by the Commissioners.

12.—(1) In this section, “instrument” means an order, regulation, rule or certificate of qualification.

(2) Every instrument made or issued by the Commissioners shall be signed by at least one Commissioner and by some member of the staff of the Commissioners authorised by them in that behalf.

(3) Every instrument which purports to be an instrument made or issued by the Commissioners and to be signed in accordance with subsection (2) of this section shall be received in evidence in all Courts and be deemed, until the contrary is proved, to have been duly made or issued by the Commissioners, and it shall not be necessary to prove any signature affixed thereto or the office or authority of the person whose signature such signature purports to be.

PART III. Appointments to certain Positions in the Civil Service.

Chapter I. Competitive Appointments.

13 Appointment of persons to established positions, with certain exceptions.

13.—(1) No person shall be appointed to an established position unless the Commissioners, after holding a competition under section 15, have, under section 17, selected him for appointment to that position.

(2) Subsection (1) of this section does not apply to—

(a) the appointment of a person to an established position on promotion or transfer from another established position, or

(b) the appointment of a person to an established position under section 11 of the Regulation Act.

(3) Subsection (1) of this section does not apply to the appointment of a person to a particular established position where—

(a) the appropriate authority with, in case he is not the Minister, the consent of the Minister, recommends the appointment of that person to that established position, and

(b) the Government, having considered such recommendation, decide that such appointment would be in the public interest.

(4) Subsection (1) of this section does not apply to the appointment of a person to a particular established position where—

(a) that person was appointed to an unestablished position as the result of a competition, the regulations for which made under subsection (3) of section 16 provide that a person appointed thereto may, in certain specified circumstances, be subsequently appointed to that established position, and

(b) the Commissioners are satisfied that the provisions of the said regulations, relating to his prospective appointment to the said established position and such conditions as they may determine have been complied with.

14 Appointment of persons to unestablished positions, with certain exceptions.

14.—(1) No person shall be appointed to an unestablished position unless the Commissioners, after holding a competition under section 15, have, under section 17, selected him for appointment to that position.

(2) Subsection (1) of this section does not apply to—

(a) the appointment of a person to an unestablished position on promotion or transfer from another unestablished position, which is neither a position in a scheduled occupation nor an excluded position, or

(b) the appointment of a person to an unestablished position under section 11 of the Regulation Act.

(3) Subsection (1) of this section does not apply to the appointment of a person to a particular unestablished position where—

(a) the appropriate authority with, in case he is not the Minister, the consent of the Minister, recommends the appointment of that person to that unestablished position, and

(b) the Government, having considered such recommendation, decide that such appointment would be in the public interest.

15 Competitions.

15.—(1) The Commissioners shall, subject to the consent of the Minister, hold such competitions as they consider necessary for the selection of persons for appointments to which either subsection (1) of section 13 or subsection (1) of section 14 applies.

(2) Where—