Civil Service Regulation Act , 1956

1. Interpretation.

1.—(1) In this Act

“the Act of 1859” means the Superannuation Act, 1859;

“the Act of 1919” means the Superannuation (Prison Officers) Act, 1919;

“appropriate authority” has the meaning assigned to it by section 2;

F1[…]

F2[“civil servant” means a person holding a position in the Civil Service and includes a member of the staff of the Houses of the Oireachtas;]

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

“established civil servant” means a civil servant who is rendering established service;

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

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

F3["Head" in relation to a Scheduled Office, means the person appointed as the principal officer of the Scheduled Office, or where no such person has been appointed, the person designated by order of the Government to be Head of the Scheduled Office for the purposes of this Act;]

F1[…]

“the Minister” means the Minister for Finance;

F3["Minister of the Government" includes—

(a) in relation to a Scheduled Office within the meaning of the Public Service Management Act 1997 which is specified in column (1) of Part 1 of the Schedule to that Act, the person who holds the office specified in column (2) of that Schedule at that reference number, whether or not such person has consented to the application of that Act to such Scheduled Office, and

(b) in relation to a Scheduled Office which is specified incolumn (1)ofSchedule 2to this Act, the person specified incolumn (2)of that Schedule at that reference number.]

F1[…]

F2[“member of the joint staff of the Houses of the Oireachtas” does not include an officer of the Houses of the Oireachtas;

“member of the staff of the Houses of the Oireachtas” includes an officer of the Houses of the Oireachtas;]

F3["Ministerial Private Office appointment" has the same meaning as the meaning assigned to "special adviser" in section 19 of the Ethics in Public Office Act 1995;]

F1[…]

F2[“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 Superintendent, Houses of the Oireachtas, or

(c) the Captain of the Guard, Houses of the Oireachtas;]

“officer to whom the Act of 1919 applies” means a civil servant to whom subsection (1) of section 1 of the Act of 1919 applies;

F3["Scheduled Office" means an office or branch of the public service specified in—

(a) column (1) of Part I of the Schedule to the Public Service Management Act 1997 (whether or not that Act applies to the Scheduled Office concerned),

(b) Part II of the Schedule to the Public Service Management Act 1997, and

(c)column (1)ofSchedule 2to this Act;

"Secretary General" has the meaning assigned to it by the Public Service Management Act 1997;]

“suspend” means, in relation to a civil servant, suspend from duty, and cognate words shall be construed accordingly;

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

“transferred officer” has the meaning assigned to it by section 1 of the Civil Service (Transferred Officers) Compensation Act, 1929 (No. 36 of 1929).

(2) A person, who is serving, on leave of absence without pay from the Civil Service, in a position not in the Civil Service, shall, notwithstanding his absence from the Civil Service, be, for the purposes of this Act, a civil servant and, if his position in the Civil Service was, immediately before his leave of absence commenced, an established position, he shall be, for the purposes of this Act, an established civil servant, notwithstanding that his service during leave of absence is not reckonable as service for the purposes of the Superannuation Acts, 1834 to 1954.

(3) References in this Act to any enactment shall be construed as references to that enactment as amended or adapted by any subsequent enactment.

(4) 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.

1A. F4[Appointment of Head of Scheduled Office.

1A.—Where for the time being no person stands appointed as the principal officer of a Scheduled Office the Government may by order designate a person to be Head of the Scheduled Office concerned for the purposes of this Act.]

2. “Appropriate authority.”

F5[2.—(1) Subject tosubsection (2)andsection 5, in this Act "appropriate authority" means—

(a) in relation to a civil servant—

(i) holding a position to which that civil servant was appointed by the Government, or

(ii) holding a position as a Commissioner of the Revenue Commissioners pursuant to Article 7 of the Revenue Commissioners Order 1923,

the Government,

(b) in relation to a civil servant who is of the grade of Principal or of an equivalent or superior grade to whomparagraph (a)does not apply, the Minister of the Government by whom the power of appointing a successor to that civil servant would for the time being be exercisable,

(c) in relation to a civil servant below the grade or rank of Principal or an equivalent grade, the Secretary General of the Department or the Head of the Scheduled Office in which the civil servant is serving,

(d) in relation to a civil servant holding a Ministerial Private Office appointment and who provides a service to a Minister of the Government, the Minister of the Government to whom that service is provided, and

(e) in relation to a civil servant holding a Ministerial Private Office appointment and who provides a service to a Minister of State, the Minister of State to whom that service is provided.

(2) Notwithstandingsubsection (1), in this Act "appropriate authority" means—

(a) in relation to a civil servant who is the Secretary General of theF6[Houses of the Oireachtas Service]or the Clerk-Assistant of Dáil Éireann, in respect of matters directly related to the business of Dáil Éireann, the Chairman of Dáil Éireann, in all other respects, the Houses of the Oireachtas Commission,

(b) in relation to a civil servant who is the Clerk or Clerk-Assistant of Seanad Éireann, in respect of matters directly related to the business of Seanad Éireann, the Chairman of Seanad Éireann, in all other respects, the Houses of the Oireachtas Commission,

(c) in relation to a civil servant who is the Superintendent, Houses of the Oireachtas or the Captain of the Guard, Houses of the Oireachtas—

(i) in respect of matters directly related to the business of Dáil Éireann, the Chairman of Dáil Éireann,

(ii) in respect of matters directly related to the business of Seanad Éireann, the Chairman of Seanad Éireann,

(iii) in all other respects, the Houses of the Oireachtas Commission,

(d) in relation to a member of the staff of the Houses of the Oireachtas Commission who is of the grade of Principal or of an equivalent or superior grade, the Houses of the Oireachtas Commission,

(e) in relation to a member of the staff of the Houses of the Oireachtas Commission below the grade or rank of Principal or an equivalent grade, the Secretary General of theF6[Houses of the Oireachtas Service],

(f) in relation to a civil servant who is of the grade of Principal or of an equivalent or superior grade to whomsubsection (1)(a)(i)does not apply, who is serving in the Office of the Secretary General to the President, the Taoiseach,F7[…]

(g) in relation to a civil servant below the grade or rank of Principal or an equivalent grade, who is serving in the Office of the Secretary General to the President, the Secretary General to theF8[President,]

F9[(h) in relation to a member of the civilian staff of the Garda Síochána who is of the grade or rank of Principal or of an equivalent or superior grade or rank to whomsubsection (1)(a)(i)does not apply, the Minister for Justice, Equality and Law Reform,F10[…]

(i) in relation to a member of the civilian staff of the Garda Síochána below the grade or rank of Principal or of an equivalent grade or rank, the Commissioner of the GardaF11[Síochána,F12[…]]]

F13[(j) in relation to a member of staff of the Data Protection Commission, the Commissioner for Data Protection or, where more than one Commissioner for Data Protection stands appointed, the chairpersonF14[(within the meaning of the Data Protection Act 2018), and]]

F15[(k) in relation to a member of staff of the Tax Appeals Commission, the chairperson (within the meaning of the Finance (Tax Appeals) Act 2015).]

(3) For the purposes ofparagraph (c)ofsubsection (1)"Department" includes such bodies or organisations (whether established by or under statute, or otherwise) other than a Scheduled Office, for which the Minister having charge of the Department concerned is responsible.

(4) For the purposes ofparagraph (c)ofsubsection (1)"Scheduled Office" includes such bodies or organisations (whether established by or under statute, or otherwise) for which the Minister of the Government having charge of the Scheduled Office concerned is responsible.

(5) In this section "Minister of State" means a person appointed under section 1(1) of the Ministers and Secretaries (Amendment) (No. 2) Act 1977 to be a Minister of State.

(6) A reference in this section to "the grade of Principal or of an equivalent or superior grade" shall be construed as a reference to the general service grade of principal or a position or office in respect of which the maximum salary is not less than the maximum salary of a general service grade principal.]

3. “Suspending authority.”

3.—(1) In this Act “suspending authority” means, in relation to a civil servant, each of the following—

(a) the appropriate authority in relation to that civil servant,

(b) a person who, by virtue of subsection (2) of this section, is for the time being a suspending authority in relation to that civil servant.

(2) The appropriate authority in relation to civil servants of a particular class (defined by reference to such matters as that appropriate authority thinks fit) may from time to time nominate a person holding a position in the Civil Service to be a suspending authority in relation to civil servants of that class, and any person so nominated shall, so long as the nomination remains in force, be a suspending authority in relation to a civil servant of that class.

(3) A nomination under subsection (2) of this section of a person to be a suspending authority may be by his name or by reference to his official position or by reference to him as one of a class of persons holding official positions of the same description as that held by him.

(4) F16[…]

(5) The appropriate authority may, when making a nomination under subsection (2) of this section, attach to it such limitations and conditions as that appropriate authority thinks fit.

(6) The appropriate authority may at any time withdraw a nomination under subsection (2) of this section, but such withdrawal shall not affect any thing done, by virtue of the nomination, under this Act.

4. Exercise of powers under sections 6 and 7 in relation to members of the staff of the National Library of Ireland.

4.—The Minister for Education shall, before exercising, in relation to a member of the staff of the National Library of Ireland, the powers conferred by section 6 or 7, consult the Council of Trustees of the National Library of Ireland.

5. F17[Tenure of office of established civil servants.

5.—(1) Every established civil servant shall hold office at the will and pleasure of the Government.

(2) Where the Government so authorises, the powers and functions of the Government undersubsection (1)of this section may as respects an established civil servant be exercised by the Minister of the Government by whom the power of appointing a successor to that civil servant would for the time being be exercisable.

(3) Where the Government so authorises, the powers and functions of the Government undersubsection (1)may, as respects an established civil servant in relation to whom a person other than a Minister of the Government is the appropriate authority, be exercised on behalf of the Government by such appropriate authority.

(4)Subsections (2)and(3)shall not apply as respects the dismissal of—

(a) a civil servant who is the Head of a Scheduled Office, or

(b) a civil servant who holds a position as Commissioner of the Revenue Commissioners appointed pursuant to Article 7 of the Revenue Commissioners Order 1923.

(5) A Minister of the Government shall not exercise the powers and functions exercisable by him or her by virtue ofsubsection (2)unless the Secretary General of the Department concerned or the Head of the Scheduled Office concerned has made a recommendation in writing in that regard as respects the civil servant concerned.

(6) This section shall not apply to a person who is an established civil servant holding the office referred to in section 17(1) of the Courts Service Act 1998.]

6. F18[Appointment of civil servants on probationary contract.

5A.—(1) Notwithstanding any other provision of this Act, a person may initially be appointed to be an established civil servant on the basis of a probationary contract.

(2) Where a civil servant to whomsubsection (1)refers completes the probationary period concerned to the satisfaction of the appropriate authority, that civil servant shall be appointed as an established civil servant andsubsection (1)shall cease to apply to that appointment.

(3) Where a civil servant to whomsubsection (1)refers does not complete the period of the probationary contract to the satisfaction of the appropriate authority, the provisions ofsection 7shall apply.

(4) Nothing in this section shall prevent the termination of an appointment undersubsection (1)in accordance with the terms and conditions of the probationary contract prior to the expiry of the term of the contract.]

6. Tenure of office of civil servants who are not established civil servants.

6.—The appropriate authority may, subject to section 4 (where applicable), terminate the services of a civil servant who is not an established civil servant.

7. Persons appointed on probation to established positions.

7.—F19[Where, in respect of a civil servant who has been appointed to an established position (in this section referred to as his probationary position) and who under his conditions of service is serving in a probationary capacity, the appropriate authority is, at any time during the civil servant's probationary period or such (if any) extension thereof as the appropriate authority may from time to time fix, satisfied that he has failed to fulfil the conditions of probation attaching to his probationary position], then, subject to section 4 (where applicable), the following provisions shall have effect—

(a) the appropriate authority shall, notwithstanding section 5, terminate the services of the civil servant, unless, immediately prior to his appointment to his probationary position, he held another position in the Civil Service;

(b) if the civil servant held, immediately prior to his appointment to his probationary position, an established position (in this paragraph referred to as his previous position), the appropriate authority shall terminate his appointment to his probationary position and, in that event, the civil servant may, if the Minister consents, forthwith be appointed to an established position (being a position which is, either, (i) in the same grade as that of his previous position, or (ii) in a grade or rank which, in the Minister's opinion, is equivalent to or lower than the grade of his previous position) to be designated by the Minister;

(c) where—

(i) the civil servant is appointed to an established position under paragraph (b) of this section, and

(ii) he held, immediately prior to his appointment to his probationary position, his previous position in a probationary capacity,

then, the established position to which he is appointed shall have attached thereto such conditions of probation and such other conditions as the Minister may fix;

(d) if the civil servant held, immediately prior to his appointment to his probationary position, a position which is not an established position (in this paragraph referred to as his previous position), the appropriate authority shall terminate his appointment to his probationary position and, in that event, the civil servant may, if the Minister consents, forthwith be appointed to a position which is not an established position (being a position which is, either (i) in the same grade as that of his previous position or (ii) in a grade or rank which in the Minister's opinion is equivalent to or lower than the grade of his previous position) to be designated by the Minister.

8. Retiring age for civil servants.

8.—(1) In this section, “the retiring age” means—

(a) in relation to a civil servant who is an officer to whom the Act of 1919 applies, sixty years F20[or, where a higher age is specified by regulations undersubsection (1A), that age],

F21[(b) in relation to any other civil servant, 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age.]

F20[(1A) The Minister for Justice may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make regulations relating to the retirement of officers to whom the Act of 1919 applies, including specifying a retirement age of such officers, being an age that is higher than 60 years and not exceeding the normal retirement age (within the meaning of section 13(1) of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012).

(1B) Every regulation made by the Minister for Justice undersubsection (1A)shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.]

(2) F22[…]